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| Public Act 094-0637 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 3-5, 19-1,
19-2, and 19-5 as follows:
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(10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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Sec. 3-5. No person who has been legally convicted, in this
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or another State or in any federal court, of any crime, and
is | ||||
serving a sentence of confinement in any penal institution,
or | ||||
who has been convicted under any section of this Act and is
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serving a sentence of confinement in any penal institution,
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shall vote, offer to vote, attempt to vote or be permitted
to | ||||
vote at any election until his release from confinement.
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Confinement for purposes of this Section shall include any
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person convicted and imprisoned but granted a furlough as
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provided by Section 3-11-1 of the "Unified Code of | ||||
Corrections",
or admitted to a work release program as provided | ||||
by Section
3-13-2 of the "Unified Code of Corrections". | ||||
Confinement shall
not include any person convicted and | ||||
imprisoned but released on parole.
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Confinement or detention in a jail pending acquittal or
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conviction of a crime is not a disqualification for voting.
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(Source: P.A. 80-699.)
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(10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
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Sec. 19-1. Any qualified elector of the State of Illinois | ||||
having
duly registered where such registration is required who | ||||
expects to be
absent from the county in which he is a qualified | ||||
elector or who because
of being appointed a judge of election | ||||
in a precinct other than the
precinct in which he resides or | ||||
who because of physical incapacity or
the tenets of his | ||||
religion in the observance of a religious holiday or
who | ||||
because of election duties for the office of an Election | ||
Authority
or the State Board of Elections or who because of | ||
election duties for a
law enforcement agency, including but not | ||
limited to the offices of the
Attorney General, a State's | ||
Attorney, a United States Attorney, or a
State, county, or | ||
municipal police department, or who, because he is
temporarily | ||
abiding outside the precinct in which he is registered to vote
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due to the fact he is a student attending an institution of | ||
higher
education or who is serving as a sequestered juror on a | ||
State or federal jury,
or who because of his or her confinement | ||
or
detention in a jail pending acquittal or conviction of a | ||
crime,
will be unable to be present at
the polls on the day of | ||
holding any special, general or
primary election at which any | ||
presidential preference is indicated or
any candidates are | ||
chosen or elected, for any congressional, State,
district, | ||
county, town, city, village, precinct or judicial offices or
at | ||
which questions of public policy are submitted, may vote at | ||
such
election as hereinafter in this Article provided.
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Each Election Authority, law enforcement agency, and the | ||
State Board
of Elections shall compile and keep current a list | ||
of his or its
officers or employees who are eligible to vote | ||
under this Article by
reason of election duties.
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For purposes of this Article 19, a physically incapacitated | ||
voter marks
his or her ballot "personally" when the voter | ||
exercises his or her physical
abilities to their reasonable | ||
limit in marking the ballot, and marking
personally may include | ||
instructing the person assisting the incapacitated
voter when | ||
giving such instruction represents the reasonable limit of the
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physical abilities.
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(Source: P.A. 86-873; 86-875; 86-1028.)
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(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
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Sec. 19-2. Any elector as defined in Section 19-1 expecting | ||
to be
absent from the county of his residence or any such | ||
elector who because
of being appointed a judge of election in a | ||
precinct other than the
precinct in which he resides or who | ||
because of physical incapacity or
the tenets of his religion in | ||
the observance of a religious holiday or
who because of | ||
election duties for the office of an Election Authority,
the | ||
State Board of Elections, or a law enforcement
agency, or who | ||
because of his or her confinement or
detention in a jail | ||
pending acquittal or conviction of a crime,
will be unable to | ||
be present at the polls on the day of such
election may by | ||
mail, not more than 40 nor less than 5 days prior to the
date of | ||
such election, or by personal delivery not more than 40 nor | ||
less
than one day prior to the date of such election, make | ||
application to the
county clerk or to the Board of Election | ||
Commissioners for an official
ballot for the voter's precinct | ||
to be voted at such election.
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(Source: P.A. 84-808.)
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(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
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Sec. 19-5. It shall be the duty of the election authority | ||
to fold the
ballot or ballots in the manner specified by the | ||
statute for folding
ballots prior to their deposit in the | ||
ballot box, and to enclose such
ballot or ballots in an | ||
envelope unsealed to be furnished by him, which
envelope shall | ||
bear upon the face thereof the name, official title and
post | ||
office address of the election authority, and upon the other | ||
side
if the ballot is to go to an elector who is to be out of | ||
the county on
the day of the election a printed certification | ||
in substantially the
following form:
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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 the
.... election to be held on | ||
....; and I expect to be absent from the
county of my residence | ||
on the date of such election.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
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Under penalties of perjury as provided by law pursuant to | ||
Section 29-10
of The Election Code, the undersigned certifies | ||
that the statements set
forth in this certification are true | ||
and correct.
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.......................
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If the ballot is to go to an elector who is physically | ||
incapacitated
the envelope shall bear upon the back thereof a | ||
certification in
substantially the following form:
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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 the
.... election to be held on | ||
....; that I shall be physically incapable
of being present at | ||
the polls of such precinct on the date of holding
such | ||
election.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
If I received assistance in casting my | ||
ballot, I further attest that, due
to physical incapacity, I | ||
marked the enclosed
ballot in secret with the assistance of
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.................................
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(Individual rendering assistance)
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.................................
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(Residence Address)
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Under penalties of perjury as provided by law pursuant to | ||
Section 29-10
of The Election Code, the undersigned certifies | ||
that the statements set forth
in this certification are true | ||
and correct.
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.......................
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In the case of a voter who is voting absentee by reason of | ||
physical
incapacity, marking a ballot in secret includes | ||
marking a ballot with the
assistance of another individual, | ||
other than a candidate
whose name appears on the ballot (unless | ||
the voter is the spouse or a
parent, child, brother, or sister | ||
of the candidate),
the voter's employer, an
agent of that | ||
employer or an officer or agent of the voter's union, when
the | ||
voter's physical incapacity necessitates such assistance.
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If the ballot is to go to an elector who is unable to be | ||
present at
the polls on the date of the election because of the | ||
observance of a
religious holiday, the envelope shall bear upon | ||
the back thereof a
certification in substantially the following | ||
form:
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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 said 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 the
.... election to be held 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.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
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Under penalties of perjury as provided by law pursuant to | ||
Section 29-10
of The Election Code, the undersigned certifies | ||
that the statements set
forth in this certification are true | ||
and correct.
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......................
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If the ballot is to go to an elector who is unable to be | ||
present at the
polls on the date of the election because he or | ||
she is confined or detained in
jail pending acquittal or | ||
conviction of a crime, the envelope shall
bear upon the back | ||
thereof a certification in substantially the following form:
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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
that 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 the .... election to be held on | ||
....; that I shall be
unable to be present at the polls of such | ||
precinct on the date of holding such
election because of my | ||
confinement or detention in jail pending
acquittal or | ||
conviction of a crime.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
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Under penalties of perjury as provided by law pursuant to | ||
Section 29-10 of
The Election Code, the undersigned certifies | ||
that the statements set forth in
this certification are true | ||
and correct.
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......................
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If the ballot is to go to an elector who is temporarily | ||
abiding outside
the precinct in which he is registered to vote | ||
due to the fact he is a
student attending an institution of | ||
higher education the envelope shall
bear upon the back thereof | ||
a certification in substantially the following form:
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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 the
.... election to be held on | ||
....; and I expect to be absent from the
precinct of my | ||
residence on the date of such election because I am
temporarily | ||
abiding outside such precinct in the (1) *township of .... (2)
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*city of .... in the county of .... and State of .... due to the | ||
fact I am
a student attending an institution of higher | ||
education.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
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Under penalties of perjury as provided by law pursuant to | ||
Section 29-10
of The Election Code, the undersigned certifies | ||
that the statements set
forth in this certification are true | ||
and correct.
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.......................
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If the election authority adopts the standard absentee | ||
ballot application
blank provided in Section 19-3, the printed | ||
certification on the absentee
ballot envelope shall be in | ||
substantially the following form:
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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 said city or town | ||
in the county of ...... and State
of Illinois, that I have | ||
lived at such address for .... months last past;
that I shall | ||
be unable to be present at the polls of such precinct on the
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date of holding such election for the reason indicated on the | ||
application
for ballot enclosed herein.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
If I received assistance in casting my | ||
ballot, I further attest that, due
to physical incapacity, I | ||
marked the enclosed
ballot in secret with the assistance of
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.................................
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(Individual rendering assistance)
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.................................
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(Residence Address)
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Under penalties of perjury provided by law pursuant to | ||
Section 29-10 of the
Election
Code, the undersigned certifies | ||
that the statements set forth in this
certification are true | ||
and correct.
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.......................
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In the case of a voter who is voting absentee by reason of | ||
physical
incapacity, marking a ballot in secret includes | ||
marking a ballot with the
assistance of another individual, | ||
other than a candidate
whose name appears on the ballot (unless | ||
the voter is the spouse or a
parent, child, brother, or sister | ||
of the candidate), the voter's
employer, an
agent of that | ||
employer, or an officer or agent of the voter's union, when
the | ||
voter's physical incapacity necessitates such assistance.
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Provided, that if the ballot enclosed is to be voted at a | ||
primary
election, the certification shall designate the name of | ||
the political
party with which the voter is affiliated.
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In addition to the above, the election authority shall | ||
provide
printed slips giving full instructions regarding the | ||
manner of marking
and returning the ballot in order that the | ||
same may be counted, and
shall furnish one of such printed | ||
slips to each of such applicants at
the same time the ballot is | ||
delivered to him.
Such instructions shall include the following | ||
statement: "In signing the
certification on the absentee ballot | ||
envelope, you are attesting that you
personally marked this | ||
absentee ballot in secret. If you are physically
unable to mark | ||
the ballot, a friend or relative may assist you after
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completing the enclosed affidavit. Federal and State laws | ||
prohibit a
candidate whose name appears on the ballot (unless | ||
you
are the spouse or a parent, child, brother, or sister of | ||
the candidate), your
employer, your employer's agent or an | ||
officer or agent of your union
from assisting physically | ||
disabled voters."
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In addition to the above, if a ballot to be provided to an | ||
elector
pursuant to this Section contains a public question | ||
described in subsection
(b) of Section 28-6 and the territory | ||
concerning which the question is
to be submitted is not | ||
described on the ballot due to the space limitations
of such | ||
ballot, the election authority shall provide a printed copy of
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a notice of the public question, which shall include a | ||
description of the
territory in the manner required by Section | ||
16-7. The notice shall be
furnished to the elector at the same | ||
time the ballot is delivered to the
elector.
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(Source: P.A. 89-653, eff. 8-14-96.)
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