Illinois General Assembly - Full Text of Public Act 095-0878
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Public Act 095-0878


 

Public Act 0878 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0878
 
SB2314 Enrolled LRB095 19198 JAM 45444 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 Section
19-13 as follows:
 
    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
    Sec. 19-13. Any qualified voter who has been admitted to a
hospital, nursing home, or rehabilitation center due to an
illness or physical injury not more than 14 5 days before an
election shall be entitled to personal delivery of an absentee
ballot in the hospital, nursing home, or rehabilitation center
subject to the following conditions:
    (1) The voter completes the Application for Physically
Incapacitated Elector as provided in Section 19-3, stating as
reasons therein that he is a patient in ............... (name
of hospital/home/center), ............... located at,
............... (address of hospital/home/center),
............... (county, city/village), was admitted for
............... (nature of illness or physical injury), on
............... (date of admission), and does not expect to be
released from the hospital/home/center on or before the day of
election or, if released, is expected to be homebound on the
day of the election and unable to travel to the polling place.
    (2) The voter's physician completes a Certificate of
Attending Physician in a form substantially as follows:
CERTIFICATE OF ATTENDING PHYSICIAN
    I state that I am a physician, duly licensed to practice in
the State of .........; that .......... is a patient in
.......... (name of hospital/home/center), located at
............. (address of hospital/home/center),
................. (county, city/village); that such individual
was admitted for ............. (nature of illness or physical
injury), on ............ (date of admission); and that I have
examined such individual in the State in which I am licensed to
practice medicine and do not expect such individual to be
released from the hospital/home/center on or before the day of
election or, if released, to be able to travel to the polling
place on 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 certification are true and
correct.
(Signature) ...............
(Date licensed) ............
    (3) Any person who is registered to vote in the same
precinct as the admitted voter or any legal relative of the
admitted voter may present such voter's absentee ballot
application, completed as prescribed in paragraph 1,
accompanied by the physician's certificate, completed as
prescribed in paragraph 2, to the election authority. Such
precinct voter or relative shall execute and sign an affidavit
furnished by the election authority attesting that he is a
registered voter in the same precinct as the admitted voter or
that he is a legal relative of the admitted voter and stating
the nature of the relationship. Such precinct voter or relative
shall further attest that he has been authorized by the
admitted voter to obtain his absentee ballot from the election
authority and deliver such ballot to him in the hospital, home,
or center.
    Upon receipt of the admitted voter's application,
physician's certificate, and the affidavit of the precinct
voter or the relative, the election authority shall examine the
registration records to determine if the applicant is qualified
to vote and, if found to be qualified, shall provide the
precinct voter or the relative the absentee ballot for delivery
to the applicant in the hospital, home, or center.
    Upon receipt of the absentee ballot, the admitted voter
shall mark the ballot in secret and subscribe to the
certifications on the absentee ballot return envelope. After
depositing the ballot in the return envelope and securely
sealing the envelope, such voter shall give the envelope to the
precinct voter or the relative who shall deliver it to the
election authority in sufficient time for the ballot to be
delivered by the election authority to the election authority's
central ballot counting location before 7 p.m. on election day.
    Upon receipt of the admitted voter's absentee ballot, the
ballot shall be counted in the manner prescribed in this
Article.
(Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06.)

Effective Date: 1/1/2009