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Public Act 91-0210
SB935 Enrolled LRB9102926MWpr
AN ACT to amend the Election Code by changing Section
19-2.1.
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 19-2.1 as follows:
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
Sec. 19-2.1. At the consolidated primary, general
primary, consolidated, and general and nonpartisan elections,
electors entitled to vote by absentee ballot under the
provisions of Section 19-1 may vote in person at the office
of the municipal clerk, if the elector is a resident of a
municipality not having a board of election commissioners, or
at the office of the township clerk or, in counties not under
township organization, at the office of the road district
clerk if the elector is not a resident of a municipality;
provided, in each case that the municipal, township or road
district clerk, as the case may be, is authorized to conduct
in-person absentee voting pursuant to this Section. Absentee
voting in such municipal and township clerk's offices under
this Section shall be conducted from the 22nd day through the
day before the election.
Municipal and township clerks (or road district clerks)
who have regularly scheduled working hours at regularly
designated offices other than a place of residence and whose
offices are open for business during the same hours as the
office of the election authority shall conduct in-person
absentee voting for said elections. Municipal and township
clerks (or road district clerks) who have no regularly
scheduled working hours but who have regularly designated
offices other than a place of residence shall conduct
in-person absentee voting for said elections during the hours
of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
during such hours as the office of the election authority is
closed, unless the clerk files a written waiver with the
election authority not later than July 1 of each year stating
that he or she is unable to conduct such voting and the
reasons therefor. Such clerks who conduct in-person absentee
voting may extend their hours for that purpose to include any
hours in which the election authority's office is open.
Municipal and township clerks (or road district clerks) who
have no regularly scheduled office hours and no regularly
designated offices other than a place of residence may not
conduct in-person absentee voting for said elections. The
election authority may devise alternative methods for
in-person absentee voting before said elections for those
precincts located within the territorial area of a
municipality or township (or road district) wherein the clerk
of such municipality or township (or road district) has
waived or is not entitled to conduct such voting. In
addition, electors may vote by absentee ballot under the
provisions of Section 19-1 at the office of the election
authority having jurisdiction over their residence.
In conducting absentee voting under this Section, the
respective clerks shall not be required to verify the
signature of the absentee voter by comparison with the
signature on the official registration record card. However,
the clerk shall reasonably ascertain the identity of such
applicant, shall verify that each such applicant is a
registered voter, and shall verify the precinct in which he
or she is registered and the proper ballots of the political
subdivisions in which the applicant resides and is entitled
to vote, prior to providing any absentee ballot to such
applicant. The clerk shall verify the applicant's
registration and from the most recent poll list provided by
the county clerk, and if the applicant is not listed on that
poll list then by telephoning the office of the county clerk.
Absentee voting procedures in the office of the
municipal, township and road district clerks shall be subject
to all of the applicable provisions of this Article 19.
Pollwatchers may be appointed to observe in-person absentee
voting procedures at the office of the municipal, township or
road district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed
in the same manner as provided in Sections 7-34 and 17-23,
except each candidate, political party or organization of
citizens may appoint only one pollwatcher for each location
where in-person absentee voting is conducted. Pollwatchers
shall be residents of the county and possess valid
pollwatcher credentials. All requirements in this Article
applicable to election authorities shall apply to the
respective local clerks, except where inconsistent with this
Section.
The sealed absentee ballots in their carrier envelope
shall be delivered by the respective clerks, or by the
election authority on behalf of a clerk if the clerk and the
election authority agree, to the proper polling place before
the close of the polls on the day of the nonpartisan, general
primary, consolidated primary, consolidated, or general
election.
Not more than 23 days before the nonpartisan, general and
consolidated elections, the county clerk shall make available
to those municipal, township and road district clerks
conducting in-person absentee voting within such county, a
sufficient number of applications, absentee ballots,
envelopes, and printed voting instruction slips for use by
absentee voters in the offices of such clerks. The respective
clerks shall receipt for all ballots received, shall return
all unused or spoiled ballots to the county clerk on the day
of the election and shall strictly account for all ballots
received.
The ballots delivered to the respective clerks shall
include absentee ballots for each precinct in the
municipality, township or road district, or shall include
such separate ballots for each political subdivision
conducting an election of officers or a referendum on that
election day as will permit any resident of the municipality,
township or road district to vote absentee in the office of
the proper clerk.
The clerks of all municipalities, townships and road
districts may distribute applications for absentee ballot for
the use of voters who wish to mail such applications to the
appropriate election authority. Such applications for
absentee ballots shall be made on forms provided by the
election authority. Duplication of such forms by the
municipal, township or road district clerk is prohibited.
(Source: P.A. 86-875.)
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