Public Act 096-0312
 
HB3972 Enrolled LRB096 04893 JAM 14959 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 19-3, 20-2, 20-2.1, 20-2.2, 20-2.3, and 20-3 as
follows:
 
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
    Sec. 19-3. Application for such ballot shall be made on
blanks to be furnished by the election authority and
duplication of such application for ballot is prohibited,
except by the election authority. The application for ballot
shall be substantially in the following form:
APPLICATION FOR BALLOT
BY ELECTOR WHO EXPECTS TO BE
ABSENT FROM COUNTY
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; that I expect to be absent from the
county of my residence on the date of holding such election,
and that I will have no opportunity to vote in person on that
day.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am absent from the
county of my residence, and I agree that I shall return such
ballot or ballots to the official issuing the same prior to the
closing of the polls on the date of the election or, if
returned by mail, postmarked no later than midnight preceding
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the 14th
day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
    However, if application is made for a primary election
ballot, such application shall designate the name of the
political party with which the applicant is affiliated.
APPLICATION FOR BALLOT
BY ELECTOR WHO IS JUDGE OF ELECTION
IN A PRECINCT OTHER THAN THE PRECINCT
IN WHICH HE RESIDES
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) last past; that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that I am a judge of election in
.... precinct or the (1) *.... ward in the city of .... or (2)
*township of .... or (3) *city, village or incorporated town of
.... in such county and that I will have no opportunity of
voting in person on that day:
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I serve as a judge of
election in such last named precinct, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
....
APPLICATION FOR BALLOT
BY PHYSICALLY INCAPACITATED ELECTOR
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) last past; that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that I shall be physically
incapable of being present at the polls of such precinct on the
date of holding such election for the following reasons:
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am so physically
incapacitated, and I agree that I shall return such ballot or
ballots to the official issuing the same prior to the closing
of the polls on the date of election or, if returned by mail,
postmarked no later than midnight preceding election day, for
counting no later than during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
APPLICATION FOR BALLOT
BY CHILD SEX OFFENDER ELECTOR
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) last past; that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that my assigned precinct polling
place is in a school and I will be unable to enter the polling
place without violating Section 11-9.3 of the Criminal Code of
1961.
    I hereby make application for an official ballot or ballots
to be voted by me at such election because my assigned precinct
polling place is in a school and I will be unable to enter the
polling place without violating Section 11-9.3 of the Criminal
Code of 1961, and I agree that I shall return such ballot or
ballots to the official issuing the same prior to the closing
of the polls on the date of election or, if returned by mail,
postmarked no later than midnight preceding election day, for
counting no later than during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
    Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2), or (3).
Post office address to which ballot is mailed:
...............
APPLICATION FOR BALLOT
BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
    To be voted at the .... election in the county of ....
State of Illinois, in the .... precinct (1) *township of ....
(2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) past, that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that I shall be unable to be
present at the polls of such precinct on the date of holding
such election because of the tenets of my religion in the
observance of a religious holiday.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am so unable to be
present at the polls of such precinct on the date of the
election because of the tenets of my religion in the observance
of a religious holiday, and I agree that I shall return the
ballot or ballots to the official issuing the same prior to the
closing of the polls on the date of the election or, if
returned by mail, postmarked no later than midnight preceding
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the 14th
day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
APPLICATION FOR BALLOT
BY ELECTOR WHO IS AN ELECTION EMPLOYEE
OF STATE'S ATTORNEY, COUNTY CLERK OR
BOARD OF ELECTION COMMISSIONERS
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; that I am employed in the office of the
(State's Attorney of .... County) (County Clerk of .... County)
(Board of Election Commissioners of the (City) (County) of ....
and that because of election duties on the date of holding such
election I will have no opportunity to vote in person on that
day.
    I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
    Provided, that if application be made for a primary
election ballot, such application shall designate the name of
the political party with which the applicant is affiliated.
APPLICATION FOR
TEMPORARILY ABSENT STUDENT BALLOT
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; that I am temporarily abiding outside
such precinct in the (1) *township of .... (2) *City of .... in
the county of .... and State of .... due to the fact I am a
student attending an institution of higher education, and for
that reason do not expect to have an opportunity to vote in
person on that day.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am absent from the
precinct of my residence, and I agree that I shall return such
ballot or ballots to the official issuing the same prior to the
closing of the polls on the date of the election or, if
returned by mail, postmarked no later than midnight preceding
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the 14th
day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
.........................
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
    However, if application is made for a primary election
ballot, such application shall designate the name of the
political party with which the applicant is affiliated.
    In lieu of the separate application blanks heretofore
prescribed, the election authority may adopt a standard
application blank in substantially the following form for all
categories of absentee voters:
APPLICATION FOR
ABSENT VOTER'S BALLOT
    To be voted at the ....... election in the County of
....... and State of Illinois, in the ...... precinct of the
(1) *township of ...... (2) *City of ...... or (3) *...... ward
in the City of ............
    I state that I am a resident of the ...... precinct of the
(1) *township of ...... (2) *City of ........ or (3) *........
ward in the City of ...... residing at .......... in such city
or town in the county of ...... and State of Illinois; that I
have lived at such address for ...... months last past; that I
am lawfully entitled to vote in such precinct at a ......
election to be held therein on ......; and that I will be
unable to vote in person at the polls of such precinct for the
following reasons:
(Check One)
         I expect to be absent from my county of residence.
         I expect to be temporarily absent from the country.
         I shall be serving as a judge of election in the
         ........ precinct which is not my precinct of
         residence.
         I shall be observing a religious holiday in
         accordance with the tenets of my religion.
         I shall be performing official election duties
         for an Election Authority ....................,
                                   (election authority) 
         .................... or the State Board of 
Elections.
         (location)
        I shall be performing election law enforcement
         duties in the employment of ......................,
                                    (law enforcement agency)
         ................
         (location)
        I am temporarily abiding in the (1) *township of ....
(2) *city of .... in the county of .... and State of .... due to
the fact I am a student attending an institution of higher
education.
        I am physically incapacitated.
        Reason(s):
        I have been called for jury duty on said day by
        ..................
        (court jurisdiction)
    I hereby make application for an official ballot or ballots
to be voted by me at such election and agree that I shall
return the ballot or ballots to the election official issuing
the same in sufficient time for such official to deliver the
ballot or ballots to the proper polling place prior to the
closing of the polls on the date of the election or, if
returned by mail, postmarked no later than midnight preceding
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the 14th
day following election day.
    Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
........................
*fill in either (1), (2) or (3). Post office address to which
ballot is mailed:
........................
    Provided, that if application is made for a primary
election, such application shall designate the name of the
political party with which applicant is affiliated.
(Source: P.A. 95-440, eff. 8-27-07.)
 
    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
    Sec. 20-2. Any member of the United States Service,
otherwise qualified to vote, who expects in the course of his
duties to be absent from the county in which he resides on the
day of holding any election may make application for an
absentee ballot to the election authority having jurisdiction
over his precinct of residence on the official postcard or on a
form furnished by the election authority as prescribed by
Section 20-3 of this Article not less than 10 days before the
election. A request pursuant to this Section shall entitle the
applicant to an absentee ballot for every election in one
calendar year. The original application for ballot shall be
kept in the office of the election authority for one year as
authorization to send a ballot to the voter for each election
to be held within that calendar year. A certified copy of such
application for ballot shall be sent each election with the
absentee ballot to the election authority's central ballot
counting location to be used in lieu of the original
application for ballot. No registration shall be required in
order to vote pursuant to this Section.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise. Ballots voted under this Section
must be returned postmarked no later than midnight preceding
election day and received for counting at the central ballot
counting location of the election authority during the period
for counting provisional ballots, the last day of which is the
14th day following election day. Ballots voted under this
Section must be returned to the election authority in
sufficient time for delivery to the election authority's
central ballot counting location before the closing of the
polls on the day of the election.
(Source: P.A. 94-1000, eff. 7-3-06.)
 
    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
    Sec. 20-2.1. Citizens of the United States temporarily
residing outside the territorial limits of the United States
who are not registered but otherwise qualified to vote and who
expect to be absent from their county of residence during the
periods of voter registration provided for in Articles 4, 5 or
6 of this Code and on the day of holding any election, may make
simultaneous application to the election authority having
jurisdiction over their precinct of residence for an absentee
registration and absentee ballot not less than 30 days before
the election. Such application may be made on the official
postcard or on a form furnished by the election authority as
prescribed by Section 20-3 of this Article. A request pursuant
to this Section shall entitle the applicant to an absentee
ballot for every election in one calendar year. The original
application for ballot shall be kept in the office of the
election authority for one year as authorization to send a
ballot to the voter for each election to be held within that
calendar year. A certified copy of such application for ballot
shall be sent each election with the absentee ballot to the
election authority's central ballot counting location to be
used in lieu of the original application for ballot.
    Registration shall be required in order to vote pursuant to
this Section. However, if the election authority receives one
of such applications after 30 days but not less than 10 days
before a Federal election, said applicant shall be sent a
ballot containing the Federal offices only and registration for
that election shall be waived.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise.
    Ballots voted under this Section must be returned
postmarked no later than midnight preceding election day and
received for counting at the central ballot counting location
of the election authority during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
    Ballots under this Section must be returned to the election
authority in sufficient time for delivery to the election
authority's central ballot counting location before the
closing of the polls on the day of the election.
(Source: P.A. 94-1000, eff. 7-3-06.)
 
    (10 ILCS 5/20-2.2)  (from Ch. 46, par. 20-2.2)
    Sec. 20-2.2. Any non-resident civilian citizen, otherwise
qualified to vote, may make application to the election
authority having jurisdiction over his precinct of former
residence for an absentee ballot containing the Federal offices
only not less than 10 days before a Federal election. Such
application may be made only on the official postcard. A
request pursuant to this Section shall entitle the applicant to
an absentee ballot for every election in one calendar year at
which Federal offices are filled. The original application for
ballot shall be kept in the office of the election authority
for one year as authorization to send a ballot to the voter for
each election to be held within that calendar year at which
Federal offices are filled. A certified copy of such
application for ballot shall be sent each election with the
absentee ballot to the election authority's central ballot
counting location to be used in lieu of the original
application for ballot. No registration shall be required in
order to vote pursuant to this Section. Ballots under this
Section shall be mailed by the election authority in the manner
prescribed by Section 20-5 of this Article and not otherwise.
Ballots voted under this Section must be returned postmarked no
later than midnight preceding election day and received for
counting at the central ballot counting location of the
election authority during the period for counting provisional
ballots, the last day of which is the 14th day following
election day. Ballots under this Section must be returned to
the election authority in sufficient time for delivery to the
election authority's central ballot counting location before
the closing of the polls on the day of the election.
(Source: P.A. 94-1000, eff. 7-3-06.)
 
    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
    Sec. 20-2.3. Members of the Armed Forces. Any member of the
United States Armed Forces while on active duty, otherwise
qualified to vote, who expects in the course of his or her
duties to be absent from the county in which he or she resides
on the day of holding any election, in addition to any other
method of making application for an absentee ballot under this
Article, may make application for an absentee ballot to the
election authority having jurisdiction over his or her precinct
of residence by a facsimile machine or electronic transmission
not less than 10 days before the election.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise. Ballots voted under this Section
must be returned postmarked no later than midnight preceding
election day and received for counting at the central ballot
counting location of the election authority during the period
for counting provisional ballots, the last day of which is the
14th day following election day. Ballots voted under this
Section must be returned to the election authority before the
closing of the polls on the day of election and must be counted
at the election authority's central ballot counting location.
(Source: P.A. 94-1000, eff. 7-3-06.)
 
    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
    Sec. 20-3. The election authority shall furnish the
following applications for absentee registration or absentee
ballot which shall be considered a method of application in
lieu of the official postcard.
    1. Members of the United States Service, citizens of the
United States temporarily residing outside the territorial
limits of the United States, and certified program participants
under the Address Confidentiality for Victims of Domestic
Violence Act may make application within the periods prescribed
in Sections 20-2 or 20-2.1, as the case may be. Such
application shall be substantially in the following form:
"APPLICATION FOR BALLOT
    To be voted at the............ election in the precinct in
which is located my residence at..............., in the
city/village/township of ............(insert home address)
County of........... and State of Illinois.
    I state that I am a citizen of the United States; that on
(insert date of election) I shall have resided in the State of
Illinois and in the election precinct for 30 days; that on the
above date I shall be the age of 18 years or above; that I am
lawfully entitled to vote in such precinct at that election;
that I am (check category 1, 2, or 3 below):
    1.  ( ) a member of the United States Service,
    2.  ( ) a citizen of the United States temporarily residing
outside the territorial limits of the United States and that I
expect to be absent from the said county of my residence on the
date of holding such election, and that I will have no
opportunity to vote in person on that day.
    3.  ( ) a certified program participant under the Address
Confidentiality for Victims of Domestic Violence Act.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am absent from the said
county of my residence, and I agree that I shall return said
ballot or ballots to the election authority postmarked no later
than midnight preceding election day, for counting no later
than during the period for counting provisional ballots, the
last day of which is the 14th day following election day prior
to the closing of the polls on the date of the election or
shall destroy said ballot or ballots.
    (Check below only if category 2 or 3 and not previously
registered)
    (  ) I hereby make application to become registered as a
voter and agree to return the forms and affidavits for
registration to the election authority not later than 30 days
before the election.
    Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
.........................
    Post office address or service address to which
registration materials or ballot should be mailed
.........................
.........................
.........................
........................"
    If application is made for a primary election ballot, such
application shall designate the name of the political party
with which the applicant is affiliated.
    Such applications may be obtained from the election
authority having jurisdiction over the person's precinct of
residence.
    2. A spouse or dependent of a member of the United States
Service, said spouse or dependent being a registered voter in
the county, may make application on behalf of said person in
the office of the election authority within the periods
prescribed in Section 20-2 which shall be substantially in the
following form:
"APPLICATION FOR BALLOT to be voted at the........... election
in the precinct in which is located the residence of the person
for whom this application is made at.............(insert
residence address) in the city/village/township of.........
County of.......... and State of Illinois.
    I certify that the following named person................
(insert name of person) is a member of the United States
Service.
    I state that said person is a citizen of the United States;
that on (insert date of election) said person shall have
resided in the State of Illinois and in the election precinct
for which this application is made for 30 days; that on the
above date said person shall be the age of 18 years or above;
that said person is lawfully entitled to vote in such precinct
at that election; that said person is a member of the United
States Service, and that in the course of his duties said
person expects to be absent from his county of residence on the
date of holding such election, and that said person will have
no opportunity to vote in person on that day.
    I hereby make application for an official ballot or ballots
to be voted by said person at such election and said person
agrees that he shall return said ballot or ballots to the
election authority postmarked no later than midnight preceding
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the 14th
day following election day prior to the closing of the polls on
the day of the election, or shall destroy said ballot or
ballots.
    I hereby certify that I am the (mother, father, sister,
brother, husband or wife) of the said elector, and that I am a
registered voter in the election precinct for which this
application is made. (Strike all but one that is applicable.)
    Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
Name of applicant ......................
Residence address ........................
City/village/township........................
    Service address to which ballot should be mailed:
.........................
.........................
.........................
........................"
    If application is made for a primary election ballot, such
application shall designate the name of the political party
with which the person for whom application is made is
affiliated.
    Such applications may be obtained from the election
authority having jurisdiction over the voting precinct in which
the person for whom application is made is entitled to vote.
(Source: P.A. 91-494, eff. 1-1-00.)