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| 1 | AN ACT concerning elections.
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| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | Sections 7-10, 7-43, 7-44, 7-60, 19-2.1, 19-3, 19-4, 19-5, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | 19-8, 19-12.1, 20-3, 20-4, 20-5, and 20-8 and by adding | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Sections 19-4.5 and 20-4.5 as follows:
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| 8 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | Sec. 7-10. Form of petition for nomination. The name of no | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | candidate for
nomination, or State central committeeman, or | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | township committeeman, or
precinct committeeman, or ward | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | committeeman or candidate for delegate or
alternate delegate to | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | national nominating conventions, shall be printed
upon the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | primary ballot unless a petition for nomination has been filed | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | in
his behalf as provided in this Article in substantially the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | following form:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | We, the undersigned, members of and affiliated with the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | .... party
and qualified primary electors of the .... party, in | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | the .... of ....,
in the county of .... and State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | do hereby petition that
the following named person or persons | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | shall be a candidate or candidates
of the .... party for the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | nomination for (or in case of committeemen for
election to) the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | office or offices hereinafter specified, to be voted
for at the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| 1 | primary election to be held on (insert date).
| |||||||||||||||||||||
| ||||||||||||||||||||||
| 6 | Name.................. Address.......................
| |||||||||||||||||||||
| 7 | State of Illinois)
| |||||||||||||||||||||
| 8 | ) ss.
| |||||||||||||||||||||
| 9 | County of........)
| |||||||||||||||||||||
| 10 | I, ...., do hereby certify
that I reside at No. .... | |||||||||||||||||||||
| 11 | street, in the .... of ...., county of ....,
and State of | |||||||||||||||||||||
| 12 | ....., that I am 18 years of age or older, that
I am a citizen | |||||||||||||||||||||
| 13 | of the United States, and that the signatures on this sheet
| |||||||||||||||||||||
| 14 | were signed
in my presence, and are genuine, and that to the | |||||||||||||||||||||
| 15 | best of my knowledge
and belief the persons so signing were at | |||||||||||||||||||||
| 16 | the time of signing the
petitions qualified voters of the .... | |||||||||||||||||||||
| 17 | party, and that their respective
residences are correctly | |||||||||||||||||||||
| 18 | stated, as above set forth.
| |||||||||||||||||||||
| 19 | .........................
| |||||||||||||||||||||
| 20 | Subscribed and sworn to before me on (insert date).
| |||||||||||||||||||||
| 21 | .........................
| |||||||||||||||||||||
| 22 | Each sheet of the petition other than the statement of | |||||||||||||||||||||
| 23 | candidacy and
candidate's statement shall be of uniform size | |||||||||||||||||||||
| |||||||
| |||||||
| 1 | and shall contain above
the space for signatures an appropriate | ||||||
| 2 | heading giving the information
as to name of candidate or | ||||||
| 3 | candidates, in whose behalf such petition is
signed; the | ||||||
| 4 | office, the political party that the candidate prefers, | ||||||
| 5 | represented and place of
residence; and the heading of each | ||||||
| 6 | sheet shall be the same.
| ||||||
| 7 | Such petition shall be signed by qualified primary electors | ||||||
| 8 | residing
in the political division for which the nomination is | ||||||
| 9 | sought in their
own proper persons only and opposite the | ||||||
| 10 | signature of each signer, his
residence address shall be | ||||||
| 11 | written or printed. The residence address
required to be | ||||||
| 12 | written or printed opposite each qualified primary elector's
| ||||||
| 13 | name shall include the street address or rural route number of | ||||||
| 14 | the signer,
as the case may be, as well as the signer's county, | ||||||
| 15 | and city, village or
town, and state.
However the county or | ||||||
| 16 | city, village or town, and state of residence of
the electors | ||||||
| 17 | may be printed on the petition forms where all of the
electors | ||||||
| 18 | signing the petition reside in the same county or city, village
| ||||||
| 19 | or town, and state. Standard abbreviations may be used in | ||||||
| 20 | writing the
residence address, including street number, if any. | ||||||
| 21 | At the bottom of
each sheet of such petition shall be added a | ||||||
| 22 | circulator statement signed by
a person 18 years of age or | ||||||
| 23 | older who is a citizen of the United States,
stating the street | ||||||
| 24 | address or rural route number, as the case may be, as well
as | ||||||
| 25 | the county, city, village or town, and state;
and certifying | ||||||
| 26 | that the signatures on that sheet of the petition were signed | ||||||
| |||||||
| |||||||
| 1 | in
his or her presence and certifying that the signatures are | ||||||
| 2 | genuine; and
either (1) indicating the dates on which that | ||||||
| 3 | sheet was circulated, or (2)
indicating the first and last | ||||||
| 4 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
| 5 | none of the signatures on the sheet were signed more than 90
| ||||||
| 6 | days preceding the last day for the filing of the petition and | ||||||
| 7 | certifying that
to the best of his or her knowledge and belief | ||||||
| 8 | the persons so signing were at
the time of signing the | ||||||
| 9 | petitions qualified voters of the election political party for
| ||||||
| 10 | which a nomination is sought. Such statement shall be sworn to | ||||||
| 11 | before some
officer authorized to administer oaths in this | ||||||
| 12 | State.
| ||||||
| 13 | No petition sheet shall be circulated more than 90 days | ||||||
| 14 | preceding the
last day provided in Section 7-12 for the filing | ||||||
| 15 | of such petition.
| ||||||
| 16 | The person circulating the petition, or the candidate on | ||||||
| 17 | whose behalf the
petition is circulated, may strike any | ||||||
| 18 | signature from the petition,
provided that:
| ||||||
| 19 | (1) the person striking the signature shall initial the | ||||||
| 20 | petition at
the place where the signature is struck; and
| ||||||
| 21 | (2) the person striking the signature shall sign a | ||||||
| 22 | certification
listing the page number and line number of | ||||||
| 23 | each signature struck from
the petition. Such | ||||||
| 24 | certification shall be filed as a part of the petition.
| ||||||
| 25 | Such sheets before being filed shall be neatly fastened | ||||||
| 26 | together in
book form, by placing the sheets in a pile and | ||||||
| |||||||
| |||||||
| 1 | fastening them together
at one edge in a secure and suitable | ||||||
| 2 | manner, and the sheets shall then
be numbered consecutively. | ||||||
| 3 | The sheets shall not be fastened by pasting
them together end | ||||||
| 4 | to end, so as to form a continuous strip or roll. All
petition | ||||||
| 5 | sheets which are filed with the proper local election | ||||||
| 6 | officials,
election authorities or the State Board of Elections | ||||||
| 7 | shall be the original
sheets which have been signed by the | ||||||
| 8 | voters and by the circulator thereof,
and not photocopies or | ||||||
| 9 | duplicates of such sheets. Each petition must include
as a part | ||||||
| 10 | thereof, a statement of candidacy for each of the candidates | ||||||
| 11 | filing,
or in whose behalf the petition is filed. This | ||||||
| 12 | statement shall set out the
address of such candidate, the | ||||||
| 13 | office for which he is a candidate, shall state
that the | ||||||
| 14 | candidate is a qualified primary voter of the election for | ||||||
| 15 | party to which the
petition relates and is qualified for the | ||||||
| 16 | office specified (in the case of a
candidate for State's | ||||||
| 17 | Attorney it shall state that the candidate is at the time
of | ||||||
| 18 | filing such statement a licensed attorney-at-law of this | ||||||
| 19 | State), shall state
that he has filed (or will file before the | ||||||
| 20 | close of the petition filing period)
a statement of economic | ||||||
| 21 | interests as required by the Illinois Governmental
Ethics Act, | ||||||
| 22 | shall request that the candidate's name be placed upon the | ||||||
| 23 | official
ballot, and shall be subscribed and sworn to by such | ||||||
| 24 | candidate before some
officer authorized to take | ||||||
| 25 | acknowledgment of deeds in the State and shall be in
| ||||||
| 26 | substantially the following form:
| ||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 1 | Statement of Candidacy
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 6 | State of Illinois)
| |||||||||||||||||||||||||||||
| 7 | ) ss.
| |||||||||||||||||||||||||||||
| 8 | County of .......)
| |||||||||||||||||||||||||||||
| 9 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
| 10 | Street in the city
(or village) of ...., in the county of ...., | |||||||||||||||||||||||||||||
| 11 | State of Illinois; that I
am a qualified voter therein and am a | |||||||||||||||||||||||||||||
| 12 | qualified primary voter of the ....
party; that I am a | |||||||||||||||||||||||||||||
| 13 | candidate for nomination (for election in the case of
| |||||||||||||||||||||||||||||
| 14 | committeeman and delegates and alternate delegates) to the | |||||||||||||||||||||||||||||
| 15 | office of ....
to be voted upon at the primary election to be | |||||||||||||||||||||||||||||
| 16 | held on (insert date); that I am
legally qualified (including
| |||||||||||||||||||||||||||||
| 17 | being the holder of any license that may be an eligibility | |||||||||||||||||||||||||||||
| 18 | requirement
for the office I seek the nomination for) to hold | |||||||||||||||||||||||||||||
| 19 | such office and that I
have filed (or I will file before the | |||||||||||||||||||||||||||||
| 20 | close of the petition filing period)
a statement of economic | |||||||||||||||||||||||||||||
| 21 | interests as required by the Illinois
Governmental Ethics Act | |||||||||||||||||||||||||||||
| 22 | and I hereby request that my name be printed
upon the official | |||||||||||||||||||||||||||||
| 23 | primary ballot for nomination for (or election to in
the case | |||||||||||||||||||||||||||||
| 24 | of committeemen and delegates and alternate delegates) such
| |||||||||||||||||||||||||||||
| 25 | office.
| |||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Signed ......................
| ||||||
| 2 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
| 3 | who is to me
personally known, on (insert date).
| ||||||
| 4 | Signed ....................
| ||||||
| 5 | (Official Character)
| ||||||
| 6 | (Seal, if officer has one.)
| ||||||
| 7 | The petitions, when filed, shall not be withdrawn or added | ||||||
| 8 | to, and no
signatures shall be revoked except by revocation | ||||||
| 9 | filed in writing with
the State Board of Elections, election | ||||||
| 10 | authority or local election
official with whom the petition is | ||||||
| 11 | required to be filed, and before the
filing of such petition. | ||||||
| 12 | Whoever forges the name of a signer upon any
petition required | ||||||
| 13 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
| 14 | thereof shall be punished accordingly.
| ||||||
| 15 | A candidate for the offices listed in this Section must | ||||||
| 16 | obtain the number
of signatures specified in this Section on | ||||||
| 17 | his or her petition for nomination.
| ||||||
| 18 | (a) Statewide office or delegate to a national nominating | ||||||
| 19 | convention. If a
candidate seeks to run for statewide office or | ||||||
| 20 | as a delegate or alternate
delegate to a national nominating | ||||||
| 21 | convention elected from the State at-large,
then the | ||||||
| 22 | candidate's petition for nomination must contain at least 5,000 | ||||||
| 23 | but
not more than 10,000 signatures.
| ||||||
| 24 | (b) Congressional office or congressional delegate to a | ||||||
| 25 | national nominating
convention. If a candidate seeks to run for | ||||||
| |||||||
| |||||||
| 1 | United States Congress or as a
congressional delegate or | ||||||
| 2 | alternate congressional delegate to a national
nominating | ||||||
| 3 | convention elected from a congressional district, then the
| ||||||
| 4 | candidate's petition for nomination must contain at least the | ||||||
| 5 | number of
signatures equal to 0.5% of the qualified primary | ||||||
| 6 | electors of his or her party
in his or her congressional | ||||||
| 7 | district. In the first primary election following a
| ||||||
| 8 | redistricting of congressional districts, a candidate's | ||||||
| 9 | petition for nomination
must contain at least 600 signatures of | ||||||
| 10 | qualified primary electors of the
candidate's political party | ||||||
| 11 | in his or her congressional district.
| ||||||
| 12 | (c) County office. If a candidate seeks to run for any | ||||||
| 13 | countywide office,
including but not limited to county board | ||||||
| 14 | chairperson or county board
member, elected on an at-large | ||||||
| 15 | basis, in a county other than Cook County,
then the candidate's | ||||||
| 16 | petition for nomination must contain at least the number
of | ||||||
| 17 | signatures equal to 0.5% of the qualified electors of his or | ||||||
| 18 | her party who
cast votes at the last preceding general election | ||||||
| 19 | in his or her county. If a
candidate
seeks to run for county | ||||||
| 20 | board member elected from a county board district, then
the | ||||||
| 21 | candidate's petition for nomination must contain at least the | ||||||
| 22 | number of
signatures equal to 0.5% of the qualified primary | ||||||
| 23 | electors of his or her party
in the
county board district. In | ||||||
| 24 | the first primary election following a redistricting
of county | ||||||
| 25 | board districts or the initial establishment of county board
| ||||||
| 26 | districts, a candidate's petition for nomination must contain | ||||||
| |||||||
| |||||||
| 1 | at least the
number of signatures equal to 0.5% of the | ||||||
| 2 | qualified electors of his or her
party
in the entire county who | ||||||
| 3 | cast votes at the last preceding general election
divided by | ||||||
| 4 | the
total number of county board districts comprising the | ||||||
| 5 | county board; provided
that
in no event shall the number of | ||||||
| 6 | signatures be less than 25.
| ||||||
| 7 | (d) County office; Cook County only.
| ||||||
| 8 | (1) If a candidate seeks to run for countywide office | ||||||
| 9 | in Cook County,
then the candidate's petition for | ||||||
| 10 | nomination must contain at least the number
of signatures | ||||||
| 11 | equal to 0.5% of the qualified electors of his or her party | ||||||
| 12 | who
cast votes at the last preceding general election in | ||||||
| 13 | Cook County.
| ||||||
| 14 | (2) If a candidate seeks to run for Cook County Board | ||||||
| 15 | Commissioner,
then the candidate's petition for nomination | ||||||
| 16 | must contain at least the number
of signatures equal to | ||||||
| 17 | 0.5% of
the qualified primary electors of his or her party | ||||||
| 18 | in his or her county board
district. In the first primary | ||||||
| 19 | election following a redistricting of Cook
County Board of | ||||||
| 20 | Commissioners districts, a candidate's petition for
| ||||||
| 21 | nomination must contain at least the number of signatures | ||||||
| 22 | equal to 0.5% of
the qualified electors of his or her party | ||||||
| 23 | in the entire county who cast votes
at the last
preceding | ||||||
| 24 | general election divided by the total number of county | ||||||
| 25 | board
districts comprising the county board; provided that | ||||||
| 26 | in no event shall the
number of signatures be less than 25.
| ||||||
| |||||||
| |||||||
| 1 | (3) If a candidate seeks to run for Cook County Board | ||||||
| 2 | of Review
Commissioner, which is elected from a district | ||||||
| 3 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
| 4 | Tax Code, then the candidate's petition for
nomination must | ||||||
| 5 | contain at least the number of signatures equal to 0.5% of
| ||||||
| 6 | the total number of registered voters in his or her board | ||||||
| 7 | of
review district in the last general election at which a | ||||||
| 8 | commissioner was
regularly scheduled to be elected from | ||||||
| 9 | that board of review district. In no
event shall the number | ||||||
| 10 | of signatures required be greater than the requisite
number | ||||||
| 11 | for a candidate who seeks countywide office in Cook County
| ||||||
| 12 | under subsection (d)(1) of this Section. In the first | ||||||
| 13 | primary election
following a redistricting of Cook County | ||||||
| 14 | Board of Review districts, a
candidate's petition for | ||||||
| 15 | nomination must contain at least 4,000 signatures
or at | ||||||
| 16 | least the number of signatures required for a countywide | ||||||
| 17 | candidate in
Cook County, whichever is less,
of the | ||||||
| 18 | qualified electors of his or her party in the district.
| ||||||
| 19 | (e) Municipal or township office. If a candidate seeks to | ||||||
| 20 | run for municipal
or township office, then the candidate's | ||||||
| 21 | petition for nomination must contain
at least the number of | ||||||
| 22 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
| 23 | his or her party in the municipality or township. If a | ||||||
| 24 | candidate
seeks to run for alderman of a municipality, then the | ||||||
| 25 | candidate's petition for
nomination must contain at least the | ||||||
| 26 | number of signatures equal to 0.5% of the
qualified primary | ||||||
| |||||||
| |||||||
| 1 | electors of his or her party of the ward. In the first
primary | ||||||
| 2 | election following redistricting of aldermanic wards or | ||||||
| 3 | trustee
districts of a municipality or the initial | ||||||
| 4 | establishment of wards or districts,
a candidate's petition for | ||||||
| 5 | nomination must contain the number of signatures
equal to at | ||||||
| 6 | least 0.5% of the total number of votes cast for the candidate | ||||||
| 7 | of
that political party who received the highest number of | ||||||
| 8 | votes in the entire
municipality at the last regular election | ||||||
| 9 | at which an officer was regularly
scheduled to be elected from
| ||||||
| 10 | the entire municipality, divided by the number of wards or | ||||||
| 11 | districts. In no
event shall the number of signatures be less | ||||||
| 12 | than 25.
| ||||||
| 13 | (f) State central committeeperson. If a candidate seeks to | ||||||
| 14 | run for State
central committeeperson, then the candidate's | ||||||
| 15 | petition for nomination must
contain at least 100 signatures of | ||||||
| 16 | the primary electors of his or her party of
his or
her | ||||||
| 17 | congressional district.
| ||||||
| 18 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
| 19 | for trustee of a
sanitary district in which trustees are not | ||||||
| 20 | elected from wards, then the
candidate's petition for | ||||||
| 21 | nomination must contain at least the number of
signatures equal | ||||||
| 22 | to 0.5% of the primary electors of his or her party from the
| ||||||
| 23 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
| 24 | sanitary district in which trustees are elected from wards, | ||||||
| 25 | then the
candidate's petition for
nomination must contain at | ||||||
| 26 | least the number of signatures equal to 0.5% of the
primary | ||||||
| |||||||
| |||||||
| 1 | electors of his or her party in the ward of that sanitary | ||||||
| 2 | district. In
the
first primary election following | ||||||
| 3 | redistricting of sanitary districts elected
from wards, a | ||||||
| 4 | candidate's petition for nomination must contain at least the
| ||||||
| 5 | signatures of 150 qualified primary electors of his or her ward | ||||||
| 6 | of that
sanitary district.
| ||||||
| 7 | (h) Judicial office. If a candidate seeks to run for | ||||||
| 8 | judicial office in a district, then the candidate's petition | ||||||
| 9 | for nomination must contain the number of signatures equal to | ||||||
| 10 | 0.4% of the number of votes cast in that district for the | ||||||
| 11 | candidate for his or her political party for the office of | ||||||
| 12 | Governor at the last general election at which a Governor was | ||||||
| 13 | elected, but in no event less than 500 signatures. If a | ||||||
| 14 | candidate seeks to run for judicial office in a
circuit or | ||||||
| 15 | subcircuit, then the candidate's petition for nomination
must | ||||||
| 16 | contain the number of signatures equal to 0.25% of the number | ||||||
| 17 | of votes
cast for the judicial candidate of his or her | ||||||
| 18 | political party who received the
highest number of votes
at the | ||||||
| 19 | last general election at which a judicial
officer from the same | ||||||
| 20 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
| 21 | but in no event less than 1,000 signatures in circuits and | ||||||
| 22 | subcircuits located in the First Judicial District or 500 | ||||||
| 23 | signatures in every other Judicial District.
| ||||||
| 24 | (i) Precinct, ward, and township committeeperson. If a | ||||||
| 25 | candidate seeks to
run for precinct committeeperson, then the | ||||||
| 26 | candidate's petition for nomination
must contain at least 10 | ||||||
| |||||||
| |||||||
| 1 | signatures of the primary electors of his or her
party for the | ||||||
| 2 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
| 3 | then the candidate's petition for nomination must contain no | ||||||
| 4 | less than the
number of signatures equal to 10% of the primary | ||||||
| 5 | electors of his or her party
of the ward, but no more than 16% | ||||||
| 6 | of those same electors; provided that the
maximum number of | ||||||
| 7 | signatures may be 50 more than the minimum number, whichever
is | ||||||
| 8 | greater. If a candidate seeks to run for township | ||||||
| 9 | committeeperson, then the
candidate's petition for nomination | ||||||
| 10 | must contain no less than the number of
signatures equal to 5% | ||||||
| 11 | of the primary electors of his or her party of the
township, | ||||||
| 12 | but no more than 8% of those same electors;
provided that the | ||||||
| 13 | maximum number of signatures may be 50 more than the
minimum | ||||||
| 14 | number, whichever is greater.
| ||||||
| 15 | (j) State's attorney or regional superintendent of schools | ||||||
| 16 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
| 17 | attorney or regional Superintendent of
Schools who serves more | ||||||
| 18 | than one county, then the candidate's petition for
nomination | ||||||
| 19 | must contain at least the number of signatures equal to 0.5% of | ||||||
| 20 | the
primary electors of his or her party in the territory | ||||||
| 21 | comprising the counties.
| ||||||
| 22 | (k) Any other office. If a candidate seeks any other | ||||||
| 23 | office, then the
candidate's petition for nomination must | ||||||
| 24 | contain at least the number of
signatures equal to 0.5% of the | ||||||
| 25 | registered voters of the political subdivision,
district, or | ||||||
| 26 | division for which the nomination is made or 25 signatures,
| ||||||
| |||||||
| |||||||
| 1 | whichever is greater.
| ||||||
| 2 | For purposes of this Section the number of primary electors | ||||||
| 3 | shall be
determined by taking the total vote cast, in the | ||||||
| 4 | applicable district, for the
candidate for that political party | ||||||
| 5 | who received the highest number of votes,
statewide, at the | ||||||
| 6 | last general election in the State at which electors for
| ||||||
| 7 | President of the United States were elected. For political | ||||||
| 8 | subdivisions, the
number of primary electors shall be | ||||||
| 9 | determined by taking the total vote
cast for the candidate for | ||||||
| 10 | that political party who received the highest number
of votes | ||||||
| 11 | in the political subdivision at the last regular election at | ||||||
| 12 | which an
officer was regularly scheduled to be elected from | ||||||
| 13 | that subdivision. For wards
or districts of political | ||||||
| 14 | subdivisions, the number of primary electors shall be
| ||||||
| 15 | determined by taking the total vote cast for the candidate for | ||||||
| 16 | that political
party who received the highest number of votes | ||||||
| 17 | in the ward or district at the
last regular election at which | ||||||
| 18 | an officer was regularly scheduled to be elected
from that ward | ||||||
| 19 | or district.
| ||||||
| 20 | A "qualified primary elector" of a party may not
sign | ||||||
| 21 | petitions for or be a candidate in the primary of more than
one | ||||||
| 22 | party.
| ||||||
| 23 | The changes made to this Section of this amendatory Act of | ||||||
| 24 | the 93rd General
Assembly are declarative of existing law, | ||||||
| 25 | except for item (3) of subsection
(d).
| ||||||
| 26 | Petitions of candidates for nomination for offices herein | ||||||
| |||||||
| |||||||
| 1 | specified,
to be filed with the same officer, may contain the | ||||||
| 2 | names of 2 or more
candidates of the same political party for | ||||||
| 3 | the same or different
offices. In the case of the offices of | ||||||
| 4 | Governor and Lieutenant Governor, a joint petition including | ||||||
| 5 | one candidate for each of those offices must be filed.
| ||||||
| 6 | (Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
| ||||||
| 7 | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
| ||||||
| 8 | Sec. 7-43. Every person having resided in this State 6 | ||||||
| 9 | months and
in the precinct 30 days next preceding any primary | ||||||
| 10 | therein who shall be
a citizen of the United States of the age | ||||||
| 11 | of 18 or more
years shall be
entitled to vote at such primary.
| ||||||
| 12 | The following regulations shall be applicable to | ||||||
| 13 | primaries:
| ||||||
| 14 | No person shall be entitled to vote at a primary:
| ||||||
| 15 | (a) Unless he declares his party affiliations as | ||||||
| 16 | required by this
Article.
| ||||||
| 17 | (b) (Blank).
| ||||||
| 18 | (c) (Blank).
| ||||||
| 19 | (c.5) If that person has participated in the town | ||||||
| 20 | political party caucus,
under Section 45-50 of the | ||||||
| 21 | Township Code, of another political party by
signing an | ||||||
| 22 | affidavit of voters attending the caucus within 45 days | ||||||
| 23 | before the
first day of the calendar month in which the | ||||||
| 24 | primary is held.
| ||||||
| 25 | (d) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (a) In cities, villages, and incorporated towns having | ||||||
| 2 | a board of
election commissioners, only voters registered | ||||||
| 3 | as provided by Article 6
of this Act shall be entitled to | ||||||
| 4 | vote at such primary.
| ||||||
| 5 | (b) No person shall be entitled to vote at a primary | ||||||
| 6 | unless he or she is
registered under the provisions of | ||||||
| 7 | Articles 4, 5, or 6 of this Act, when
his registration is | ||||||
| 8 | required by any of said Articles to entitle him or her to
| ||||||
| 9 | vote at the election with reference to which the primary is | ||||||
| 10 | held.
| ||||||
| 11 | A person (i) who filed a statement of candidacy for a | ||||||
| 12 | partisan office as a qualified primary voter of an established | ||||||
| 13 | political party or (ii) who voted the ballot of an established | ||||||
| 14 | political party at a general primary election may not file a | ||||||
| 15 | statement of candidacy as a candidate of a different | ||||||
| 16 | established political party or as an independent candidate for | ||||||
| 17 | a partisan office to be filled at the general election | ||||||
| 18 | immediately following the general primary for which the person | ||||||
| 19 | filed the statement or voted the ballot. A person may file a | ||||||
| 20 | statement of candidacy for a partisan office as a qualified | ||||||
| 21 | primary voter of an established political party regardless of | ||||||
| 22 | any prior filing of candidacy for a partisan office or voting | ||||||
| 23 | the ballot of an established political party at any prior | ||||||
| 24 | election. | ||||||
| 25 | (Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
| ||||||
| 2 | Sec. 7-44. Voters; primary ballot. Any person desiring | ||||||
| 3 | to vote at a primary shall state his or her name and ,
| ||||||
| 4 | residence and party affiliation to the primary judges, one of | ||||||
| 5 | whom shall
thereupon announce the same in a distinct tone of | ||||||
| 6 | voice, sufficiently loud
to be heard by all persons in the | ||||||
| 7 | polling place. When article 4, 5, or 6
is applicable the | ||||||
| 8 | Certificate of Registered Voter therein prescribed shall
be | ||||||
| 9 | made and signed and the official poll record shall be made. If | ||||||
| 10 | the
person desiring to vote is not challenged, one of the | ||||||
| 11 | primary judges shall
give to him or her one, and only one, | ||||||
| 12 | primary ballot listing each candidate for office, regardless of | ||||||
| 13 | party affiliation, participating in the primary election of the | ||||||
| 14 | political party with
which he declares himself affiliated, on | ||||||
| 15 | the back of which the such primary
judge shall endorse his or | ||||||
| 16 | her initials in such manner that they may be seen when
the | ||||||
| 17 | primary ballot is properly folded. If the person desiring to | ||||||
| 18 | vote is
challenged he or she shall not receive a primary ballot | ||||||
| 19 | from the primary judges
until he or she shall have established | ||||||
| 20 | his or her right to vote as hereinafter provided in this | ||||||
| 21 | Article.
No person who refuses to state his party affiliation | ||||||
| 22 | shall be allowed to
vote at a primary.
| ||||||
| 23 | A person who declares his party affiliation with a | ||||||
| 24 | statewide established
political party and requests a primary | ||||||
| 25 | ballot of such party may nonetheless
also declare his | ||||||
| 26 | affiliation with a political party established only within
a | ||||||
| |||||||
| |||||||
| 1 | political subdivision, and may also vote in the primary of such | ||||||
| 2 | local
party on the same election day, provided that such voter | ||||||
| 3 | may not vote in
both such party primaries with respect to | ||||||
| 4 | offices of the same political
subdivision. However, no person | ||||||
| 5 | declaring his affiliation with a statewide
established | ||||||
| 6 | political party may vote in the primary of any other statewide
| ||||||
| 7 | political party on the same election day.
| ||||||
| 8 | (Source: P.A. 81-1535.)
| ||||||
| 9 | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| ||||||
| 10 | Sec. 7-60. Not less than 74 days before the date of the | ||||||
| 11 | general
election, the State Board of Elections shall certify to | ||||||
| 12 | the county clerks
the names of each of the candidates who have | ||||||
| 13 | been nominated as shown by the
proclamation of the State Board | ||||||
| 14 | of Elections as a canvassing board or who
have been nominated | ||||||
| 15 | to fill a vacancy in nomination and direct the election
| ||||||
| 16 | authority to place upon the official ballot for the general | ||||||
| 17 | election the
names of such candidates in the same manner and in | ||||||
| 18 | the same order as shown
upon the certification, except as | ||||||
| 19 | otherwise provided in this Section.
| ||||||
| 20 | Notwithstanding any other provision of law, the 2 | ||||||
| 21 | candidates in any primary that received the most votes in the | ||||||
| 22 | primary election, regardless of party affiliation of the | ||||||
| 23 | candidates, shall be the only 2 candidates certified for | ||||||
| 24 | participation in the general election. | ||||||
| 25 | Not less than 68 days before the date of the general | ||||||
| |||||||
| |||||||
| 1 | election, each
county clerk shall certify the names of each of | ||||||
| 2 | the candidates for county
offices who have been nominated as | ||||||
| 3 | shown by the proclamation of the county
election authority or | ||||||
| 4 | who have been nominated to fill a vacancy in nomination
and | ||||||
| 5 | declare that the names of such candidates for the respective | ||||||
| 6 | offices
shall be placed upon the official ballot for the | ||||||
| 7 | general election in the
same manner and in the same order as | ||||||
| 8 | shown upon the certification, except
as otherwise provided by | ||||||
| 9 | this Section. Each county clerk shall place a
copy of the | ||||||
| 10 | certification on file in his or her office and at the same
time | ||||||
| 11 | issue to the State Board of Elections a copy of such | ||||||
| 12 | certification.
In addition, each county clerk in whose county | ||||||
| 13 | there is a board of election
commissioners shall, not less than | ||||||
| 14 | 68 days before the date of the general
election, issue to such | ||||||
| 15 | board a copy of the certification that has been
filed in the | ||||||
| 16 | county clerk's office, together with a copy of the
| ||||||
| 17 | certification that has been issued to the clerk by the State | ||||||
| 18 | Board of
Elections, with directions to the board of election | ||||||
| 19 | commissioners to place
upon the official ballot for the general | ||||||
| 20 | election in that election
jurisdiction the names of all | ||||||
| 21 | candidates that are listed on such
certifications, in the same | ||||||
| 22 | manner and in the same order as shown upon such
certifications, | ||||||
| 23 | except as otherwise provided in this Section.
| ||||||
| 24 | Whenever there are two or more persons nominated by the | ||||||
| 25 | same political
party for multiple offices for any board, the | ||||||
| 26 | name of the candidate of such
party receiving the highest | ||||||
| |||||||
| |||||||
| 1 | number of votes in the primary election as a
candidate for such | ||||||
| 2 | office, as shown by the official election returns of the
| ||||||
| 3 | primary, shall be certified first under the name of such | ||||||
| 4 | offices, and the
names of the remaining candidates of such | ||||||
| 5 | party for such offices shall
follow in the order of the number | ||||||
| 6 | of votes received by them respectively at
the primary election | ||||||
| 7 | as shown by the official election results.
| ||||||
| 8 | No person who is shown by the final
proclamation to have
| ||||||
| 9 | been nominated or elected at the primary as a write-in | ||||||
| 10 | candidate shall have his or her
name certified unless such | ||||||
| 11 | person shall have filed with the certifying
office or board | ||||||
| 12 | within 10 days after the election authority's proclamation
a | ||||||
| 13 | statement of candidacy pursuant to Section 7-10, a statement | ||||||
| 14 | pursuant
to Section 7-10.1, and a receipt for the filing of a | ||||||
| 15 | statement of economic interests in relation to the unit of | ||||||
| 16 | government to which he or she has been elected or nominated.
| ||||||
| 17 | Each county clerk and board of election commissioners shall | ||||||
| 18 | determine
by a fair and impartial method of random selection | ||||||
| 19 | the order of placement
of established political party | ||||||
| 20 | candidates for the general election ballot.
Such determination | ||||||
| 21 | shall be made within 30 days following the canvass and | ||||||
| 22 | proclamation
of the results of the general primary
in the | ||||||
| 23 | office of the county clerk or board of election commissioners | ||||||
| 24 | and
shall be open to the public. Seven days written notice of | ||||||
| 25 | the time and place
of conducting such random selection shall be | ||||||
| 26 | given, by each such election
authority, to the County Chairman | ||||||
| |||||||
| |||||||
| 1 | of each established political party, and
to each organization | ||||||
| 2 | of citizens within the election jurisdiction which
was | ||||||
| 3 | entitled, under this Article, at the next preceding election, | ||||||
| 4 | to have
pollwatchers present on the day of election. Each | ||||||
| 5 | election authority shall
post in a conspicuous, open and public | ||||||
| 6 | place, at the entrance of the election
authority office, notice | ||||||
| 7 | of the time and place of such lottery. However,
a board of | ||||||
| 8 | election commissioners may elect to place established | ||||||
| 9 | political
party candidates on the general election ballot in | ||||||
| 10 | the same order determined
by the county clerk of the county in | ||||||
| 11 | which the city under the jurisdiction
of such board is located.
| ||||||
| 12 | Each certification shall indicate, where applicable, the | ||||||
| 13 | following:
| ||||||
| 14 | (1) The political party affiliation of the candidates | ||||||
| 15 | for the respective offices;
| ||||||
| 16 | (2) If there is to be more than one candidate elected | ||||||
| 17 | to an office from
the State, political subdivision or | ||||||
| 18 | district;
| ||||||
| 19 | (3) If the voter has the right to vote for more than | ||||||
| 20 | one candidate for an office;
| ||||||
| 21 | (4) The term of office, if a vacancy is to be filled | ||||||
| 22 | for less than a
full term or if the offices to be filled in | ||||||
| 23 | a political subdivision are for
different terms.
| ||||||
| 24 | The State Board of Elections or the county clerk, as the | ||||||
| 25 | case may be,
shall issue an amended certification whenever it | ||||||
| 26 | is discovered that the
original certification is in error.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
| 2 | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | ||||||
| 3 | (Section scheduled to be repealed on June 1, 2015) | ||||||
| 4 | Sec. 19-2.1. In-person absentee voting in the office of the | ||||||
| 5 | municipal, township, or road district clerks. At the | ||||||
| 6 | consolidated primary, general primary,
consolidated, and | ||||||
| 7 | general elections, electors entitled
to vote
by absentee ballot | ||||||
| 8 | under the provisions of Section 19-1
may vote in person at the | ||||||
| 9 | office of the municipal clerk, if the elector
is a resident of | ||||||
| 10 | a municipality not having a board of election commissioners,
or | ||||||
| 11 | at the office of the township clerk or, in counties not under | ||||||
| 12 | township
organization, at the office of the road district clerk | ||||||
| 13 | if the elector is
not a resident of a municipality; provided, | ||||||
| 14 | in each case that the municipal,
township or road district | ||||||
| 15 | clerk, as the case may be, is authorized to conduct
in-person | ||||||
| 16 | absentee voting pursuant to this Section. Absentee voting in | ||||||
| 17 | such
municipal and township clerk's offices under this Section | ||||||
| 18 | shall be
conducted from the 22nd day through the day before the | ||||||
| 19 | election. | ||||||
| 20 | Municipal and township clerks (or road district clerks) who | ||||||
| 21 | have regularly
scheduled working hours at regularly designated | ||||||
| 22 | offices other than a place
of residence and whose offices are | ||||||
| 23 | open for business during the same hours
as the office of the | ||||||
| 24 | election authority shall conduct in-person absentee
voting for | ||||||
| 25 | said elections. Municipal and township clerks (or road district
| ||||||
| |||||||
| |||||||
| 1 | clerks) who have no regularly scheduled working hours but who | ||||||
| 2 | have regularly
designated offices other than a place of | ||||||
| 3 | residence shall conduct in-person
absentee voting for said | ||||||
| 4 | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | ||||||
| 5 | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | ||||||
| 6 | Saturdays, but not during such hours as the office of the | ||||||
| 7 | election
authority is closed, unless the clerk files a written | ||||||
| 8 | waiver with the
election authority not later than July 1 of | ||||||
| 9 | each year stating that he or
she is unable to conduct such | ||||||
| 10 | voting and the reasons therefor. Such clerks
who conduct | ||||||
| 11 | in-person absentee voting may extend their hours for that
| ||||||
| 12 | purpose to include any hours in which the election authority's | ||||||
| 13 | office is
open. Municipal and township clerks (or
road district | ||||||
| 14 | clerks) who have no regularly scheduled office hours and no
| ||||||
| 15 | regularly designated offices other than a place of residence | ||||||
| 16 | may not conduct
in-person absentee voting for said elections. | ||||||
| 17 | The election authority may
devise alternative methods for | ||||||
| 18 | in-person absentee voting before said elections
for those | ||||||
| 19 | precincts located within the territorial area of a municipality
| ||||||
| 20 | or township (or road district) wherein the clerk of such | ||||||
| 21 | municipality or
township (or road district) has waived or is | ||||||
| 22 | not entitled to conduct such
voting.
In addition, electors may | ||||||
| 23 | vote by absentee ballot under the provisions of
Section 19-1 at | ||||||
| 24 | the office of the election authority having jurisdiction
over | ||||||
| 25 | their residence. Unless specifically authorized by the | ||||||
| 26 | election authority, municipal,
township, and road district | ||||||
| |||||||
| |||||||
| 1 | clerks shall not conduct in-person absentee
voting. No less | ||||||
| 2 | than 45 days
before the date of an election, the election | ||||||
| 3 | authority shall notify the
municipal, township, and road | ||||||
| 4 | district clerks within its jurisdiction if
they are to conduct | ||||||
| 5 | in-person absentee voting. Election authorities, however, may | ||||||
| 6 | conduct in-person absentee voting in one or more designated
| ||||||
| 7 | appropriate public buildings from the fourth
day before the | ||||||
| 8 | election through
the day before the election.
| ||||||
| 9 | In conducting in-person absentee voting under this | ||||||
| 10 | Section, the respective
clerks shall be required to verify the | ||||||
| 11 | signature of the absentee
voter by comparison with the | ||||||
| 12 | signature on the official registration
record card. The clerk | ||||||
| 13 | also shall reasonably ascertain the identity
of such applicant, | ||||||
| 14 | shall verify that each such applicant is a registered
voter, | ||||||
| 15 | and shall verify the precinct in which he or she is registered
| ||||||
| 16 | and the proper ballots of the political subdivisions in which | ||||||
| 17 | the
applicant resides and is entitled to vote, prior to | ||||||
| 18 | providing any
absentee ballot to such applicant. The clerk | ||||||
| 19 | shall verify the
applicant's registration and from the most | ||||||
| 20 | recent poll list provided by
the county clerk, and if the | ||||||
| 21 | applicant is not listed on that poll list
then by telephoning | ||||||
| 22 | the office of the county clerk. | ||||||
| 23 | Within one day after a voter casts an in-person absentee | ||||||
| 24 | ballot, the appropriate election authority shall transmit by | ||||||
| 25 | electronic means pursuant to a process established by the State | ||||||
| 26 | Board of Elections the voter's name, street address, e-mail | ||||||
| |||||||
| |||||||
| 1 | address, and precinct, ward, township, and district numbers, as | ||||||
| 2 | the case may be, to the State Board of Elections, which shall | ||||||
| 3 | maintain those names and that information in an electronic | ||||||
| 4 | format on its website, arranged by county and accessible to | ||||||
| 5 | State and local political committees. | ||||||
| 6 | Absentee voting procedures in the office of the municipal, | ||||||
| 7 | township
and road district clerks shall be subject to all of | ||||||
| 8 | the applicable
provisions of this Article 19, including, | ||||||
| 9 | without limitation, those procedures relating to primary | ||||||
| 10 | ballots.
Pollwatchers may be appointed to observe in-person | ||||||
| 11 | absentee voting
procedures and view all reasonably requested | ||||||
| 12 | records relating to the conduct of the election, provided the | ||||||
| 13 | secrecy of the ballot is not impinged, at the office of the | ||||||
| 14 | municipal, township or road district
clerks' offices where such | ||||||
| 15 | absentee voting is conducted. Such pollwatchers
shall qualify | ||||||
| 16 | and be appointed in the same manner as provided in Sections
| ||||||
| 17 | 7-34 and 17-23, except each candidate, political party or
| ||||||
| 18 | organization of citizens may appoint only one pollwatcher for | ||||||
| 19 | each location
where in-person absentee voting is conducted. | ||||||
| 20 | Pollwatchers must
be registered to vote in Illinois and possess
| ||||||
| 21 | valid pollwatcher credentials.
All requirements in this | ||||||
| 22 | Article
applicable to election authorities shall apply to the | ||||||
| 23 | respective local
clerks, except where inconsistent with this | ||||||
| 24 | Section. | ||||||
| 25 | The sealed absentee ballots in their carrier envelope shall | ||||||
| 26 | be
delivered by the respective clerks, or by the election | ||||||
| |||||||
| |||||||
| 1 | authority on behalf of
a clerk if the clerk and the election
| ||||||
| 2 | authority agree, to the election authority's central ballot | ||||||
| 3 | counting location
before the close of the polls on the day of | ||||||
| 4 | the general primary,
consolidated primary, consolidated, or | ||||||
| 5 | general election. | ||||||
| 6 | Not more than 23 days before the general and consolidated
| ||||||
| 7 | elections, the county clerk shall make available to those
| ||||||
| 8 | municipal, township and road district clerks conducting | ||||||
| 9 | in-person absentee
voting within such county, a sufficient
| ||||||
| 10 | number of applications, absentee ballots, envelopes, and | ||||||
| 11 | printed voting
instruction slips for use by absentee voters in | ||||||
| 12 | the offices of such
clerks. The respective clerks shall receipt | ||||||
| 13 | for all ballots received,
shall return all unused or spoiled | ||||||
| 14 | ballots to the county clerk on the
day of the election and | ||||||
| 15 | shall strictly account for all ballots received. | ||||||
| 16 | The ballots delivered to the respective clerks shall | ||||||
| 17 | include absentee
ballots for each precinct in the municipality, | ||||||
| 18 | township or road
district, or shall include such separate | ||||||
| 19 | ballots for each political
subdivision conducting an election | ||||||
| 20 | of officers or a referendum on that
election day as will permit | ||||||
| 21 | any resident of the municipality, township
or road district to | ||||||
| 22 | vote absentee in the office of the proper clerk. | ||||||
| 23 | The clerks of all municipalities, townships and road | ||||||
| 24 | districts may
distribute applications for absentee ballot for | ||||||
| 25 | the use of voters who
wish to mail such applications to the | ||||||
| 26 | appropriate election authority. Any person may produce, | ||||||
| |||||||
| |||||||
| 1 | reproduce, distribute, or return to an election authority the | ||||||
| 2 | application for absentee ballot. Upon receipt, the appropriate | ||||||
| 3 | election authority shall accept and promptly process any | ||||||
| 4 | application for absentee ballot.
| ||||||
| 5 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13. | ||||||
| 6 | Repealed by P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 7 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
| 8 | (Text of Section before amendment by P.A. 98-1171) | ||||||
| 9 | Sec. 19-3. The
application for absentee ballot shall be | ||||||
| 10 | substantially in the
following form: | ||||||
| 11 | APPLICATION FOR ABSENTEE BALLOT | ||||||
| 12 | To be voted at the .... election in the County of .... and | ||||||
| 13 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
| 14 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
| 15 | I state that I am a resident of the .... precinct of the | ||||||
| 16 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 17 | the city of
.... residing at .... in such city or town in the | ||||||
| 18 | county of .... and
State of Illinois; that I have lived at such | ||||||
| 19 | address for .... month(s)
last past; that I am lawfully | ||||||
| 20 | entitled to vote in such precinct at the
.... election to be | ||||||
| 21 | held therein on ....; and that I wish to vote by absentee | ||||||
| 22 | ballot. | ||||||
| 23 | I hereby make application for an official ballot or ballots | ||||||
| 24 | to be
voted by me at such election, and I agree that I shall | ||||||
| 25 | return such ballot or ballots to the
official issuing the same | ||||||
| |||||||
| |||||||
| 1 | prior to the closing of the polls on the date
of the election | ||||||
| 2 | or, if returned by mail, postmarked no later than midnight | ||||||
| 3 | preceding election day, for counting no later than during the | ||||||
| 4 | period for counting provisional ballots, the last day of which | ||||||
| 5 | is the 14th day following election day. | ||||||
| 6 | I understand that this application is made for an official | ||||||
| 7 | absentee ballot or ballots to be voted by me at the election | ||||||
| 8 | specified in this application and that I must submit a separate | ||||||
| 9 | application for an official absentee ballot or ballots to be | ||||||
| 10 | voted by me at any subsequent election. | ||||||
| 11 | Under penalties as provided by law pursuant to Section | ||||||
| 12 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
| 13 | statements set forth
in this application are true and correct. | ||||||
| 14 | .... | ||||||
| 15 | *fill in either (1), (2) or (3). | ||||||
| 16 | Post office address to which ballot is mailed: | ||||||
| 17 | ............... | ||||||
| 18 | However, if application is made for a primary election | ||||||
| 19 | ballot, such
application shall require the applicant to | ||||||
| 20 | designate the name of the political party with which
the | ||||||
| 21 | applicant is affiliated. | ||||||
| 22 | If application is made electronically, the applicant shall | ||||||
| 23 | mark the box associated with the above described statement | ||||||
| 24 | included as part of the online application certifying that the | ||||||
| 25 | statements set forth in this application are true and correct, | ||||||
| 26 | and a signature is not required. | ||||||
| |||||||
| |||||||
| 1 | Any person may produce, reproduce, distribute, or return to | ||||||
| 2 | an election authority the application for absentee ballot. Upon | ||||||
| 3 | receipt, the appropriate election authority shall accept and | ||||||
| 4 | promptly process any application for absentee ballot submitted | ||||||
| 5 | in a form substantially similar to that required by this | ||||||
| 6 | Section, including any substantially similar production or | ||||||
| 7 | reproduction generated by the applicant. | ||||||
| 8 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| ||||||
| 9 | (Text of Section after amendment by P.A. 98-1171) | ||||||
| 10 | Sec. 19-3. The
application for vote by mail ballot shall be | ||||||
| 11 | substantially in the
following form: | ||||||
| 12 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
| 13 | To be voted at the .... election in the County of .... and | ||||||
| 14 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
| 15 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
| 16 | I state that I am a resident of the .... precinct of the | ||||||
| 17 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 18 | the city of
.... residing at .... in such city or town in the | ||||||
| 19 | county of .... and
State of Illinois; that I have lived at such | ||||||
| 20 | address for .... month(s)
last past; that I am lawfully | ||||||
| 21 | entitled to vote in such precinct at the
.... election to be | ||||||
| 22 | held therein on ....; and that I wish to vote by vote by mail | ||||||
| 23 | ballot. | ||||||
| 24 | I hereby make application for an official ballot or ballots | ||||||
| 25 | to be
voted by me at such election, and I agree that I shall | ||||||
| |||||||
| |||||||
| 1 | return such ballot or ballots to the
official issuing the same | ||||||
| 2 | prior to the closing of the polls on the date
of the election | ||||||
| 3 | or, if returned by mail, postmarked no later than midnight | ||||||
| 4 | preceding election day, for counting no later than during the | ||||||
| 5 | period for counting provisional ballots, the last day of which | ||||||
| 6 | is the 14th day following election day. | ||||||
| 7 | I understand that this application is made for an official | ||||||
| 8 | vote by mail ballot or ballots to be voted by me at the | ||||||
| 9 | election specified in this application and that I must submit a | ||||||
| 10 | separate application for an official vote by mail ballot or | ||||||
| 11 | ballots to be voted by me at any subsequent election. | ||||||
| 12 | Under penalties as provided by law pursuant to Section | ||||||
| 13 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
| 14 | statements set forth
in this application are true and correct. | ||||||
| 15 | .... | ||||||
| 16 | *fill in either (1), (2) or (3). | ||||||
| 17 | Post office address to which ballot is mailed: | ||||||
| 18 | ............... | ||||||
| 19 | However, if application is made for a primary election | ||||||
| 20 | ballot, such
application shall require the applicant to | ||||||
| 21 | designate the name of the political party with which
the | ||||||
| 22 | applicant is affiliated. | ||||||
| 23 | If application is made electronically, the applicant shall | ||||||
| 24 | mark the box associated with the above described statement | ||||||
| 25 | included as part of the online application certifying that the | ||||||
| 26 | statements set forth in this application are true and correct, | ||||||
| |||||||
| |||||||
| 1 | and a signature is not required. | ||||||
| 2 | Any person may produce, reproduce, distribute, or return to | ||||||
| 3 | an election authority the application for vote by mail ballot. | ||||||
| 4 | Upon receipt, the appropriate election authority shall accept | ||||||
| 5 | and promptly process any application for vote by mail ballot | ||||||
| 6 | submitted in a form substantially similar to that required by | ||||||
| 7 | this Section, including any substantially similar production | ||||||
| 8 | or reproduction generated by the applicant. | ||||||
| 9 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
| 10 | 98-1171, eff. 6-1-15.)
| ||||||
| 11 | (10 ILCS 5/19-4.5 new) | ||||||
| 12 | Sec. 19-4.5. Absentee primary ballots. | ||||||
| 13 | (a) Notwithstanding any other provision of law, a person | ||||||
| 14 | entitled to vote by absentee ballot at a primary shall not be | ||||||
| 15 | required to declare his or her political party affiliation, and | ||||||
| 16 | shall be provided with the ballot listing all candidates for | ||||||
| 17 | offices for which the absentee voter is entitled to vote at | ||||||
| 18 | that primary. The ballots provided for absentee voters shall be | ||||||
| 19 | the same open-primary ballots as provided under 7-44 of this | ||||||
| 20 | Act. | ||||||
| 21 | (b) With respect to the marking, casting, and counting of | ||||||
| 22 | primary ballots, absentee voting shall be conducted in | ||||||
| 23 | accordance with Sections 7-43 and 7-44 of this Code as well as | ||||||
| 24 | the provisions of this Article.
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
| 2 | (Text of Section before amendment by P.A. 98-1171) | ||||||
| 3 | Sec. 19-5. It shall be the duty of the election authority | ||||||
| 4 | to fold the
ballot or ballots in the manner specified by the | ||||||
| 5 | statute for folding
ballots prior to their deposit in the | ||||||
| 6 | ballot box, and to enclose such
ballot or ballots in an | ||||||
| 7 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
| 8 | bear upon the face thereof the name, official title and
post | ||||||
| 9 | office address of the election authority, and upon the other | ||||||
| 10 | side
a printed certification in substantially the
following | ||||||
| 11 | form:
| ||||||
| 12 | I state that I am a resident of the .... precinct of the | ||||||
| 13 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 14 | the city of
.... residing at .... in such city or town in the | ||||||
| 15 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 16 | address for .... months
last past; and that I am lawfully | ||||||
| 17 | entitled to vote in such precinct at the
.... election to be | ||||||
| 18 | held on .....
| ||||||
| 19 | *fill in either (1), (2) or (3).
| ||||||
| 20 | I further state that I personally marked the enclosed | ||||||
| 21 | ballot in secret.
| ||||||
| 22 | Under penalties of perjury as provided by law pursuant to | ||||||
| 23 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 24 | that the statements set
forth in this certification are true | ||||||
| 25 | and correct.
| ||||||
| 26 | .......................
| ||||||
| |||||||
| |||||||
| 1 | If the ballot is to go to an elector who is physically | ||||||
| 2 | incapacitated and needs assistance marking the ballot,
the | ||||||
| 3 | envelope shall bear upon the back thereof a certification in
| ||||||
| 4 | substantially the following form:
| ||||||
| 5 | I state that I am a resident of the .... precinct of the | ||||||
| 6 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 7 | the city of
.... residing at .... in such city or town in the | ||||||
| 8 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 9 | address for .... months
last past; that I am lawfully entitled | ||||||
| 10 | to vote in such precinct at the
.... election to be held on | ||||||
| 11 | ....; that I am physically incapable
of personally marking the | ||||||
| 12 | ballot for
such election.
| ||||||
| 13 | *fill in either (1), (2) or (3).
| ||||||
| 14 | I further state that I marked the enclosed ballot in secret | ||||||
| 15 | with the assistance of
| ||||||
| 16 | .................................
| ||||||
| 17 | (Individual rendering assistance)
| ||||||
| 18 | .................................
| ||||||
| 19 | (Residence Address)
| ||||||
| 20 | Under penalties of perjury as provided by law pursuant to | ||||||
| 21 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 22 | that the statements set forth
in this certification are true | ||||||
| 23 | and correct.
| ||||||
| 24 | .......................
| ||||||
| 25 | In the case of a voter with a physical
incapacity, marking | ||||||
| 26 | a ballot in secret includes marking a ballot with the
| ||||||
| |||||||
| |||||||
| 1 | assistance of another individual, other than a candidate
whose | ||||||
| 2 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
| 3 | parent, child, brother, or sister of the candidate),
the | ||||||
| 4 | voter's employer, an
agent of that employer, or an officer or | ||||||
| 5 | agent of the voter's union, when
the voter's physical | ||||||
| 6 | incapacity necessitates such assistance.
| ||||||
| 7 | In the case of a physically incapacitated voter, marking a | ||||||
| 8 | ballot in secret includes marking a ballot with the
assistance | ||||||
| 9 | of another individual, other than a candidate
whose name | ||||||
| 10 | appears on the ballot (unless the voter is the spouse or a
| ||||||
| 11 | parent, child, brother, or sister of the candidate), the | ||||||
| 12 | voter's
employer, an
agent of that employer, or an officer or | ||||||
| 13 | agent of the voter's union, when
the voter's physical | ||||||
| 14 | incapacity necessitates such assistance.
| ||||||
| 15 | Provided, that if the ballot enclosed is to be voted at a | ||||||
| 16 | primary
election, the certification shall designate the name of | ||||||
| 17 | the political
party with which the voter is affiliated.
| ||||||
| 18 | In addition to the above, the election authority shall | ||||||
| 19 | provide
printed slips giving full instructions regarding the | ||||||
| 20 | manner of marking
and returning the ballot in order that the | ||||||
| 21 | same may be counted, and
shall furnish one of such printed | ||||||
| 22 | slips to each of such applicants at
the same time the ballot is | ||||||
| 23 | delivered to him.
Such instructions shall include the following | ||||||
| 24 | statement: "In signing the
certification on the absentee ballot | ||||||
| 25 | envelope, you are attesting that you
personally marked this | ||||||
| 26 | absentee ballot in secret. If you are physically
unable to mark | ||||||
| |||||||
| |||||||
| 1 | the ballot, a friend or relative may assist you after
| ||||||
| 2 | completing the enclosed affidavit. Federal and State laws | ||||||
| 3 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
| 4 | you
are the spouse or a parent, child, brother, or sister of | ||||||
| 5 | the candidate), your
employer, your employer's agent or an | ||||||
| 6 | officer or agent of your union
from assisting physically | ||||||
| 7 | disabled voters."
| ||||||
| 8 | In addition to the above, if a ballot to be provided to an | ||||||
| 9 | elector
pursuant to this Section contains a public question | ||||||
| 10 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 11 | concerning which the question is
to be submitted is not | ||||||
| 12 | described on the ballot due to the space limitations
of such | ||||||
| 13 | ballot, the election authority shall provide a printed copy of
| ||||||
| 14 | a notice of the public question, which shall include a | ||||||
| 15 | description of the
territory in the manner required by Section | ||||||
| 16 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
| 17 | time the ballot is delivered to the
elector.
| ||||||
| 18 | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| ||||||
| 19 | (Text of Section after amendment by P.A. 98-1171) | ||||||
| 20 | Sec. 19-5. It shall be the duty of the election authority | ||||||
| 21 | to fold the
ballot or ballots in the manner specified by the | ||||||
| 22 | statute for folding
ballots prior to their deposit in the | ||||||
| 23 | ballot box, and to enclose such
ballot or ballots in an | ||||||
| 24 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
| 25 | bear upon the face thereof the name, official title and
post | ||||||
| |||||||
| |||||||
| 1 | office address of the election authority, and upon the other | ||||||
| 2 | side
a printed certification in substantially the
following | ||||||
| 3 | form:
| ||||||
| 4 | I state that I am a resident of the .... precinct of the | ||||||
| 5 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 6 | the city of
.... residing at .... in such city or town in the | ||||||
| 7 | county of .... and
State of Illinois, that I have lived at such | ||||||
| 8 | address for .... months
last past; and that I am lawfully | ||||||
| 9 | entitled to vote in such precinct at the
.... election to be | ||||||
| 10 | held on .....
| ||||||
| 11 | *fill in either (1), (2) or (3).
| ||||||
| 12 | I further state that I personally marked the enclosed | ||||||
| 13 | ballot in secret.
| ||||||
| 14 | Under penalties of perjury as provided by law pursuant to | ||||||
| 15 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 16 | that the statements set
forth in this certification are true | ||||||
| 17 | and correct.
| ||||||
| 18 | .......................
| ||||||
| 19 | If the ballot is to go to an elector who is physically | ||||||
| 20 | incapacitated and needs assistance marking the ballot,
the | ||||||
| 21 | envelope shall bear upon the back thereof a certification in
| ||||||
| 22 | substantially the following form:
| ||||||
| 23 | I state that I am a resident of the .... precinct of the | ||||||
| 24 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 25 | the city of
.... residing at .... in such city or town in the | ||||||
| 26 | county of .... and
State of Illinois, that I have lived at such | ||||||
| |||||||
| |||||||
| 1 | address for .... months
last past; that I am lawfully entitled | ||||||
| 2 | to vote in such precinct at the
.... election to be held on | ||||||
| 3 | ....; that I am physically incapable
of personally marking the | ||||||
| 4 | ballot for
such election.
| ||||||
| 5 | *fill in either (1), (2) or (3).
| ||||||
| 6 | I further state that I marked the enclosed ballot in secret | ||||||
| 7 | with the assistance of
| ||||||
| 8 | .................................
| ||||||
| 9 | (Individual rendering assistance)
| ||||||
| 10 | .................................
| ||||||
| 11 | (Residence Address)
| ||||||
| 12 | Under penalties of perjury as provided by law pursuant to | ||||||
| 13 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
| 14 | that the statements set forth
in this certification are true | ||||||
| 15 | and correct.
| ||||||
| 16 | .......................
| ||||||
| 17 | In the case of a voter with a physical
incapacity, marking | ||||||
| 18 | a ballot in secret includes marking a ballot with the
| ||||||
| 19 | assistance of another individual, other than a candidate
whose | ||||||
| 20 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
| 21 | parent, child, brother, or sister of the candidate),
the | ||||||
| 22 | voter's employer, an
agent of that employer, or an officer or | ||||||
| 23 | agent of the voter's union, when
the voter's physical | ||||||
| 24 | incapacity necessitates such assistance.
| ||||||
| 25 | In the case of a physically incapacitated voter, marking a | ||||||
| 26 | ballot in secret includes marking a ballot with the
assistance | ||||||
| |||||||
| |||||||
| 1 | of another individual, other than a candidate
whose name | ||||||
| 2 | appears on the ballot (unless the voter is the spouse or a
| ||||||
| 3 | parent, child, brother, or sister of the candidate), the | ||||||
| 4 | voter's
employer, an
agent of that employer, or an officer or | ||||||
| 5 | agent of the voter's union, when
the voter's physical | ||||||
| 6 | incapacity necessitates such assistance.
| ||||||
| 7 | Provided, that if the ballot enclosed is to be voted at a | ||||||
| 8 | primary
election, the certification shall designate the name of | ||||||
| 9 | the political
party with which the voter is affiliated.
| ||||||
| 10 | In addition to the above, the election authority shall | ||||||
| 11 | provide
printed slips giving full instructions regarding the | ||||||
| 12 | manner of marking
and returning the ballot in order that the | ||||||
| 13 | same may be counted, and
shall furnish one of such printed | ||||||
| 14 | slips to each of such applicants at
the same time the ballot is | ||||||
| 15 | delivered to him.
Such instructions shall include the following | ||||||
| 16 | statement: "In signing the
certification on the vote by mail | ||||||
| 17 | ballot envelope, you are attesting that you
personally marked | ||||||
| 18 | this vote by mail ballot in secret. If you are physically
| ||||||
| 19 | unable to mark the ballot, a friend or relative may assist you | ||||||
| 20 | after
completing the enclosed affidavit. Federal and State laws | ||||||
| 21 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
| 22 | you
are the spouse or a parent, child, brother, or sister of | ||||||
| 23 | the candidate), your
employer, your employer's agent or an | ||||||
| 24 | officer or agent of your union
from assisting physically | ||||||
| 25 | disabled voters."
| ||||||
| 26 | In addition to the above, if a ballot to be provided to an | ||||||
| |||||||
| |||||||
| 1 | elector
pursuant to this Section contains a public question | ||||||
| 2 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 3 | concerning which the question is
to be submitted is not | ||||||
| 4 | described on the ballot due to the space limitations
of such | ||||||
| 5 | ballot, the election authority shall provide a printed copy of
| ||||||
| 6 | a notice of the public question, which shall include a | ||||||
| 7 | description of the
territory in the manner required by Section | ||||||
| 8 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
| 9 | time the ballot is delivered to the
elector.
| ||||||
| 10 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 11 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
| 12 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 13 | Sec. 19-8. Time and place of counting ballots. | ||||||
| 14 | (a) (Blank.) | ||||||
| 15 | (b) Each absent voter's ballot returned to an election | ||||||
| 16 | authority, by any means authorized by this Article, and | ||||||
| 17 | received by that election authority before the closing of the | ||||||
| 18 | polls on election day shall be endorsed by the receiving | ||||||
| 19 | election authority with the day and hour of receipt and shall | ||||||
| 20 | be counted in the central ballot counting location of the | ||||||
| 21 | election authority on the day of the election after 7:00 p.m., | ||||||
| 22 | except as provided in subsections (g) and (g-5).
| ||||||
| 23 | (c) Each absent voter's ballot that is mailed to an | ||||||
| 24 | election authority and postmarked by the midnight preceding the | ||||||
| 25 | opening of the polls on election day, but that is received by | ||||||
| |||||||
| |||||||
| 1 | the election authority after the polls close on election day | ||||||
| 2 | and before the close of the period for counting provisional | ||||||
| 3 | ballots cast at that election, shall be endorsed by the | ||||||
| 4 | receiving authority with the day and hour of receipt and shall | ||||||
| 5 | be counted at the central ballot counting location of the | ||||||
| 6 | election authority during the period for counting provisional | ||||||
| 7 | ballots. | ||||||
| 8 | Each absent voter's ballot that is mailed to an election | ||||||
| 9 | authority absent a postmark, but that is received by the | ||||||
| 10 | election authority after the polls close on election day and | ||||||
| 11 | before the close of the period for counting provisional ballots | ||||||
| 12 | cast at that election, shall be endorsed by the receiving | ||||||
| 13 | authority with the day and hour of receipt, opened to inspect | ||||||
| 14 | the date inserted on the certification, and, if the | ||||||
| 15 | certification date is a date preceding the election day and the | ||||||
| 16 | ballot is otherwise found to be valid under the requirements of | ||||||
| 17 | this Section, counted at the central ballot counting location | ||||||
| 18 | of the election authority during the period for counting | ||||||
| 19 | provisional ballots. Absent a date on the certification, the | ||||||
| 20 | ballot shall not be counted.
| ||||||
| 21 | (d) Special write-in absentee voter's blank ballots | ||||||
| 22 | returned to an election authority, by any means authorized by | ||||||
| 23 | this Article, and received by the election authority at any | ||||||
| 24 | time before the closing of the polls on election day shall be | ||||||
| 25 | endorsed by the receiving election authority with the day and | ||||||
| 26 | hour of receipt and shall be counted at the central ballot | ||||||
| |||||||
| |||||||
| 1 | counting location of the election authority during the same | ||||||
| 2 | period provided for counting absent voters' ballots under | ||||||
| 3 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
| 4 | voter's blank ballots that are mailed to an election authority | ||||||
| 5 | and postmarked by the midnight preceding the opening of the | ||||||
| 6 | polls on election day, but that are received by the election | ||||||
| 7 | authority after the polls close on election day and before the | ||||||
| 8 | closing of the period for counting provisional ballots cast at | ||||||
| 9 | that election, shall be endorsed by the receiving authority | ||||||
| 10 | with the day and hour of receipt and shall be counted at the | ||||||
| 11 | central ballot counting location of the election authority | ||||||
| 12 | during the same periods provided for counting absent voters' | ||||||
| 13 | ballots under subsection (c). | ||||||
| 14 | (e) Except as otherwise provided in this Section, absent | ||||||
| 15 | voters' ballots and special write-in absentee voter's blank | ||||||
| 16 | ballots received by the election authority after the closing of | ||||||
| 17 | the polls on an
election day shall be endorsed by the election | ||||||
| 18 | authority receiving them
with the day and hour of receipt and | ||||||
| 19 | shall be safely kept unopened by the
election authority for the | ||||||
| 20 | period of time required for the preservation of
ballots used at | ||||||
| 21 | the election, and shall then, without being opened, be
| ||||||
| 22 | destroyed in like manner as the used ballots of that election.
| ||||||
| 23 | (f) Counting required under this Section to begin on | ||||||
| 24 | election day after the closing of the polls shall commence no | ||||||
| 25 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
| 26 | panels of election judges appointed in the manner provided
by | ||||||
| |||||||
| |||||||
| 1 | law. The counting shall continue until all absent voters' | ||||||
| 2 | ballots and special write-in absentee voter's blank ballots | ||||||
| 3 | required to be counted on election day have been counted.
| ||||||
| 4 | (g) The procedures set forth in Articles 17 and
18 and,
| ||||||
| 5 | with respect to primaries, in Section 19-4.5 of this Code shall | ||||||
| 6 | apply to all ballots counted under
this Section. In addition, | ||||||
| 7 | within 2 days after an absentee ballot, other than an in-person | ||||||
| 8 | absentee ballot, is received, but in all cases before the close | ||||||
| 9 | of the period for counting provisional ballots, the election | ||||||
| 10 | judge or official shall compare the voter's signature on the | ||||||
| 11 | certification envelope of that absentee ballot with the | ||||||
| 12 | signature of the voter on file in the office of the election | ||||||
| 13 | authority. If the election judge or official determines that | ||||||
| 14 | the 2 signatures match, and that the absentee voter is | ||||||
| 15 | otherwise qualified to cast an absentee ballot, the election | ||||||
| 16 | authority shall cast and count the ballot on election day or | ||||||
| 17 | the day the ballot is determined to be valid, whichever is | ||||||
| 18 | later, adding the results to the precinct in which the voter is | ||||||
| 19 | registered. If the election judge or official determines that | ||||||
| 20 | the signatures do not match, or that the absentee voter is not | ||||||
| 21 | qualified to cast an absentee ballot, then without opening the | ||||||
| 22 | certification envelope, the judge or official shall mark across | ||||||
| 23 | the face of the certification envelope the word "Rejected" and | ||||||
| 24 | shall not cast or count the ballot. | ||||||
| 25 | In addition to the voter's signatures not matching, an | ||||||
| 26 | absentee ballot may be rejected by the election judge or | ||||||
| |||||||
| |||||||
| 1 | official: | ||||||
| 2 | (1) if the ballot envelope is open or has been opened | ||||||
| 3 | and resealed; | ||||||
| 4 | (2) if the voter has already cast an early or grace | ||||||
| 5 | period ballot; | ||||||
| 6 | (3) if the voter voted in person on election day or the | ||||||
| 7 | voter is not a duly registered voter in the precinct; or | ||||||
| 8 | (4) on any other basis set forth in this Code. | ||||||
| 9 | If the election judge or official determines that any of | ||||||
| 10 | these reasons apply, the judge or official shall mark across | ||||||
| 11 | the face of the certification envelope the word "Rejected" and | ||||||
| 12 | shall not cast or count the ballot.
| ||||||
| 13 | (g-5) If an absentee ballot, other than an in-person | ||||||
| 14 | absentee ballot, is rejected by the election judge or official | ||||||
| 15 | for any reason, the election authority shall, within 2 days | ||||||
| 16 | after the rejection but in all cases before the close of the | ||||||
| 17 | period for counting provisional ballots, notify the absentee | ||||||
| 18 | voter that his or her ballot was rejected. The notice shall | ||||||
| 19 | inform the voter of the reason or reasons the ballot was | ||||||
| 20 | rejected and shall state that the voter may appear before the | ||||||
| 21 | election authority, on or before the 14th day after the | ||||||
| 22 | election, to show cause as to why the ballot should not be | ||||||
| 23 | rejected. The voter may present evidence to the election | ||||||
| 24 | authority supporting his or her contention that the ballot | ||||||
| 25 | should be counted. The election authority shall appoint a panel | ||||||
| 26 | of 3 election judges to review the contested ballot, | ||||||
| |||||||
| |||||||
| 1 | application, and certification envelope, as well as any | ||||||
| 2 | evidence submitted by the absentee voter. No more than 2 | ||||||
| 3 | election judges on the reviewing panel shall be of the same | ||||||
| 4 | political party. The reviewing panel of election judges shall | ||||||
| 5 | make a final determination as to the validity of the contested | ||||||
| 6 | absentee ballot. The judges' determination shall not be | ||||||
| 7 | reviewable either administratively or judicially. | ||||||
| 8 | An absentee ballot subject to this subsection that is | ||||||
| 9 | determined to be valid shall be counted before the close of the | ||||||
| 10 | period for counting provisional ballots.
| ||||||
| 11 | (g-10) All absentee ballots determined to be valid shall be | ||||||
| 12 | added to the vote totals for the precincts for which they were | ||||||
| 13 | cast in the order in which the ballots were opened.
| ||||||
| 14 | (h) Each political party, candidate, and qualified civic | ||||||
| 15 | organization shall be entitled to have present one pollwatcher | ||||||
| 16 | for each panel of election judges therein assigned.
| ||||||
| 17 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
| 18 | 95-699, eff. 11-9-07.)
| ||||||
| 19 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 20 | Sec. 19-8. Time and place of counting ballots. | ||||||
| 21 | (a) (Blank.) | ||||||
| 22 | (b) Each vote by mail voter's ballot returned to an | ||||||
| 23 | election authority, by any means authorized by this Article, | ||||||
| 24 | and received by that election authority before the closing of | ||||||
| 25 | the polls on election day shall be endorsed by the receiving | ||||||
| |||||||
| |||||||
| 1 | election authority with the day and hour of receipt and may be | ||||||
| 2 | processed by the election authority beginning on the 15th day | ||||||
| 3 | before election day in the central ballot counting location of | ||||||
| 4 | the election authority, but the results of the processing may | ||||||
| 5 | not be counted until the day of the election after 7:00 p.m., | ||||||
| 6 | except as provided in subsections (g) and (g-5).
| ||||||
| 7 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
| 8 | election authority and postmarked no later than election day, | ||||||
| 9 | but that is received by the election authority after the polls | ||||||
| 10 | close on election day and before the close of the period for | ||||||
| 11 | counting provisional ballots cast at that election, shall be | ||||||
| 12 | endorsed by the receiving authority with the day and hour of | ||||||
| 13 | receipt and shall be counted at the central ballot counting | ||||||
| 14 | location of the election authority during the period for | ||||||
| 15 | counting provisional ballots. | ||||||
| 16 | Each vote by mail voter's ballot that is mailed to an | ||||||
| 17 | election authority absent a postmark, but that is received by | ||||||
| 18 | the election authority after the polls close on election day | ||||||
| 19 | and before the close of the period for counting provisional | ||||||
| 20 | ballots cast at that election, shall be endorsed by the | ||||||
| 21 | receiving authority with the day and hour of receipt, opened to | ||||||
| 22 | inspect the date inserted on the certification, and, if the | ||||||
| 23 | certification date is a date preceding the election day and the | ||||||
| 24 | ballot is otherwise found to be valid under the requirements of | ||||||
| 25 | this Section, counted at the central ballot counting location | ||||||
| 26 | of the election authority during the period for counting | ||||||
| |||||||
| |||||||
| 1 | provisional ballots. Absent a date on the certification, the | ||||||
| 2 | ballot shall not be counted.
| ||||||
| 3 | (d) Special write-in vote by mail voter's blank ballots | ||||||
| 4 | returned to an election authority, by any means authorized by | ||||||
| 5 | this Article, and received by the election authority at any | ||||||
| 6 | time before the closing of the polls on election day shall be | ||||||
| 7 | endorsed by the receiving election authority with the day and | ||||||
| 8 | hour of receipt and shall be counted at the central ballot | ||||||
| 9 | counting location of the election authority during the same | ||||||
| 10 | period provided for counting vote by mail voters' ballots under | ||||||
| 11 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
| 12 | voter's blank ballots that are mailed to an election authority | ||||||
| 13 | and postmarked no later than election day, but that are | ||||||
| 14 | received by the election authority after the polls close on | ||||||
| 15 | election day and before the closing of the period for counting | ||||||
| 16 | provisional ballots cast at that election, shall be endorsed by | ||||||
| 17 | the receiving authority with the day and hour of receipt and | ||||||
| 18 | shall be counted at the central ballot counting location of the | ||||||
| 19 | election authority during the same periods provided for | ||||||
| 20 | counting vote by mail voters' ballots under subsection (c). | ||||||
| 21 | (e) Except as otherwise provided in this Section, vote by | ||||||
| 22 | mail voters' ballots and special write-in vote by mail voter's | ||||||
| 23 | blank ballots received by the election authority after the | ||||||
| 24 | closing of the polls on an
election day shall be endorsed by | ||||||
| 25 | the election authority receiving them
with the day and hour of | ||||||
| 26 | receipt and shall be safely kept unopened by the
election | ||||||
| |||||||
| |||||||
| 1 | authority for the period of time required for the preservation | ||||||
| 2 | of
ballots used at the election, and shall then, without being | ||||||
| 3 | opened, be
destroyed in like manner as the used ballots of that | ||||||
| 4 | election.
| ||||||
| 5 | (f) Counting required under this Section to begin on | ||||||
| 6 | election day after the closing of the polls shall commence no | ||||||
| 7 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
| 8 | panels of election judges appointed in the manner provided
by | ||||||
| 9 | law. The counting shall continue until all vote by mail voters' | ||||||
| 10 | ballots and special write-in vote by mail voter's blank ballots | ||||||
| 11 | required to be counted on election day have been counted.
| ||||||
| 12 | (g) The procedures set forth in Articles 17 and
18 and,
| ||||||
| 13 | with respect to primaries, in Section 19-4.5 of this Code shall | ||||||
| 14 | apply to all ballots counted under
this Section. In addition, | ||||||
| 15 | within 2 days after a vote by mail ballot is received, but in | ||||||
| 16 | all cases before the close of the period for counting | ||||||
| 17 | provisional ballots, the election judge or official shall | ||||||
| 18 | compare the voter's signature on the certification envelope of | ||||||
| 19 | that vote by mail ballot with the signature of the voter on | ||||||
| 20 | file in the office of the election authority. If the election | ||||||
| 21 | judge or official determines that the 2 signatures match, and | ||||||
| 22 | that the vote by mail voter is otherwise qualified to cast a | ||||||
| 23 | vote by mail ballot, the election authority shall cast and | ||||||
| 24 | count the ballot on election day or the day the ballot is | ||||||
| 25 | determined to be valid, whichever is later, adding the results | ||||||
| 26 | to the precinct in which the voter is registered. If the | ||||||
| |||||||
| |||||||
| 1 | election judge or official determines that the signatures do | ||||||
| 2 | not match, or that the vote by mail voter is not qualified to | ||||||
| 3 | cast a vote by mail ballot, then without opening the | ||||||
| 4 | certification envelope, the judge or official shall mark across | ||||||
| 5 | the face of the certification envelope the word "Rejected" and | ||||||
| 6 | shall not cast or count the ballot. | ||||||
| 7 | In addition to the voter's signatures not matching, a vote | ||||||
| 8 | by mail ballot may be rejected by the election judge or | ||||||
| 9 | official: | ||||||
| 10 | (1) if the ballot envelope is open or has been opened | ||||||
| 11 | and resealed; | ||||||
| 12 | (2) if the voter has already cast an early or grace | ||||||
| 13 | period ballot; | ||||||
| 14 | (3) if the voter voted in person on election day or the | ||||||
| 15 | voter is not a duly registered voter in the precinct; or | ||||||
| 16 | (4) on any other basis set forth in this Code. | ||||||
| 17 | If the election judge or official determines that any of | ||||||
| 18 | these reasons apply, the judge or official shall mark across | ||||||
| 19 | the face of the certification envelope the word "Rejected" and | ||||||
| 20 | shall not cast or count the ballot.
| ||||||
| 21 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
| 22 | judge or official for any reason, the election authority shall, | ||||||
| 23 | within 2 days after the rejection but in all cases before the | ||||||
| 24 | close of the period for counting provisional ballots, notify | ||||||
| 25 | the vote by mail voter that his or her ballot was rejected. The | ||||||
| 26 | notice shall inform the voter of the reason or reasons the | ||||||
| |||||||
| |||||||
| 1 | ballot was rejected and shall state that the voter may appear | ||||||
| 2 | before the election authority, on or before the 14th day after | ||||||
| 3 | the election, to show cause as to why the ballot should not be | ||||||
| 4 | rejected. The voter may present evidence to the election | ||||||
| 5 | authority supporting his or her contention that the ballot | ||||||
| 6 | should be counted. The election authority shall appoint a panel | ||||||
| 7 | of 3 election judges to review the contested ballot, | ||||||
| 8 | application, and certification envelope, as well as any | ||||||
| 9 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
| 10 | election judges on the reviewing panel shall be of the same | ||||||
| 11 | political party. The reviewing panel of election judges shall | ||||||
| 12 | make a final determination as to the validity of the contested | ||||||
| 13 | vote by mail ballot. The judges' determination shall not be | ||||||
| 14 | reviewable either administratively or judicially. | ||||||
| 15 | A vote by mail ballot subject to this subsection that is | ||||||
| 16 | determined to be valid shall be counted before the close of the | ||||||
| 17 | period for counting provisional ballots.
| ||||||
| 18 | (g-10) All vote by mail ballots determined to be valid | ||||||
| 19 | shall be added to the vote totals for the precincts for which | ||||||
| 20 | they were cast in the order in which the ballots were opened.
| ||||||
| 21 | (h) Each political party, candidate, and qualified civic | ||||||
| 22 | organization shall be entitled to have present one pollwatcher | ||||||
| 23 | for each panel of election judges therein assigned.
| ||||||
| 24 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 25 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 2 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
| 3 | Illinois
Person with a Disability Identification Card in | ||||||
| 4 | accordance with the Illinois
Identification Card Act, | ||||||
| 5 | indicating that the person named thereon has a Class
1A or | ||||||
| 6 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 7 | physical
incapacity of such a nature as to make it improbable | ||||||
| 8 | that he will be
able to be present at the polls at any future | ||||||
| 9 | election, or any
voter who is a resident of (i) a federally | ||||||
| 10 | operated veterans' home, hospital, or facility located in | ||||||
| 11 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
| 12 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | ||||||
| 14 | has a condition or disability of
such a nature as to make it | ||||||
| 15 | improbable that he will be able to be present
at the polls at | ||||||
| 16 | any future election, may secure a disabled voter's or
nursing | ||||||
| 17 | home resident's identification card, which will enable him to | ||||||
| 18 | vote
under this Article as a physically incapacitated or | ||||||
| 19 | nursing home voter. For the purposes of this Section, | ||||||
| 20 | "federally operated veterans' home, hospital, or facility" | ||||||
| 21 | means the long-term care facilities at the Jesse Brown VA | ||||||
| 22 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 23 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 24 | Lovell Federal Health Care Center.
| ||||||
| 25 | Application for a disabled voter's or nursing home | ||||||
| 26 | resident's
identification card shall be made either: (a) in | ||||||
| |||||||
| |||||||
| 1 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
| 2 | board of election commissioners, as
the case may be, and shall | ||||||
| 3 | be accompanied
by the affidavit of the attending physician | ||||||
| 4 | specifically describing the
nature of the physical incapacity | ||||||
| 5 | or the fact that the voter is a nursing
home resident and is | ||||||
| 6 | physically unable to be present at the polls on election
days; | ||||||
| 7 | or (b) by presenting, in writing or otherwise, to the county | ||||||
| 8 | clerk
or board of election commissioners, as the case may be, | ||||||
| 9 | proof that the
applicant has secured an Illinois Person with a | ||||||
| 10 | Disability Identification Card
indicating that the person | ||||||
| 11 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
| 12 | receipt of either the sworn-to
application and the physician's | ||||||
| 13 | affidavit or proof that the applicant has
secured an Illinois | ||||||
| 14 | Person with a Disability Identification Card indicating that | ||||||
| 15 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
| 16 | the county clerk
or board of election commissioners shall issue | ||||||
| 17 | a disabled voter's or
nursing home resident's identification
| ||||||
| 18 | card. Such identification cards shall be issued for a
period of | ||||||
| 19 | 5 years, upon the expiration of which time the voter may
secure | ||||||
| 20 | a new card by making application in the same manner as is
| ||||||
| 21 | prescribed for the issuance of an original card, accompanied by | ||||||
| 22 | a new
affidavit of the attending physician. The date of | ||||||
| 23 | expiration of such
five-year period shall be made known to any | ||||||
| 24 | interested person by the
election authority upon the request of | ||||||
| 25 | such person. Applications for the
renewal of the identification | ||||||
| 26 | cards shall be mailed to the voters holding
such cards not less | ||||||
| |||||||
| |||||||
| 1 | than 3 months prior to the date of expiration of the cards.
| ||||||
| 2 | Each disabled voter's or nursing home resident's | ||||||
| 3 | identification card
shall bear an identification number, which | ||||||
| 4 | shall be clearly noted on the voter's
original and duplicate | ||||||
| 5 | registration record cards. In the event the
holder becomes | ||||||
| 6 | physically capable of resuming normal voting, he must
surrender | ||||||
| 7 | his disabled voter's or nursing home resident's identification
| ||||||
| 8 | card to the county clerk or board of election commissioners | ||||||
| 9 | before the next election.
| ||||||
| 10 | The holder of a disabled voter's or nursing home resident's
| ||||||
| 11 | identification card may make application by mail for an | ||||||
| 12 | official ballot
within the time prescribed by Section 19-2. | ||||||
| 13 | Such application shall contain
the same information as is
| ||||||
| 14 | included in the form of application for ballot by a physically
| ||||||
| 15 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
| 16 | shall
also include the applicant's disabled voter's | ||||||
| 17 | identification card number
and except that it need not be sworn | ||||||
| 18 | to. If an examination of the records
discloses that the | ||||||
| 19 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
| 20 | ballot as provided in Section 19-4 and, if applicable, in | ||||||
| 21 | Section 19-4.5. The ballot envelope shall
be the same as that | ||||||
| 22 | prescribed in Section 19-5 for physically disabled
voters, and | ||||||
| 23 | the manner of voting and returning the ballot shall be the
same | ||||||
| 24 | as that provided in this Article for other absentee ballots, | ||||||
| 25 | except
that a statement to be subscribed to by the voter but | ||||||
| 26 | which need not be
sworn to shall be placed on the ballot | ||||||
| |||||||
| |||||||
| 1 | envelope in lieu of the affidavit
prescribed by Section 19-5.
| ||||||
| 2 | Any person who knowingly subscribes to a false statement in
| ||||||
| 3 | connection with voting under this Section shall be guilty of a | ||||||
| 4 | Class A
misdemeanor.
| ||||||
| 5 | For the purposes of this Section, "nursing home resident" | ||||||
| 6 | includes a resident of (i) a federally operated veterans' home, | ||||||
| 7 | hospital, or facility located in Illinois or (ii) a facility | ||||||
| 8 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
| 9 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
| 10 | this Section, "federally operated veterans' home, hospital, or | ||||||
| 11 | facility" means the long-term care facilities at the Jesse | ||||||
| 12 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
| 13 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | ||||||
| 14 | James A. Lovell Federal Health Care Center. | ||||||
| 15 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
| 16 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | ||||||
| 17 | 98-104, eff. 7-22-13.)
| ||||||
| 18 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 19 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
| 20 | Illinois
Person with a Disability Identification Card in | ||||||
| 21 | accordance with the Illinois
Identification Card Act, | ||||||
| 22 | indicating that the person named thereon has a Class
1A or | ||||||
| 23 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 24 | physical
incapacity of such a nature as to make it improbable | ||||||
| 25 | that he will be
able to be present at the polls at any future | ||||||
| |||||||
| |||||||
| 1 | election, or any
voter who is a resident of (i) a federally | ||||||
| 2 | operated veterans' home, hospital, or facility located in | ||||||
| 3 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
| 4 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 5 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | ||||||
| 6 | has a condition or disability of
such a nature as to make it | ||||||
| 7 | improbable that he will be able to be present
at the polls at | ||||||
| 8 | any future election, may secure a disabled voter's or
nursing | ||||||
| 9 | home resident's identification card, which will enable him to | ||||||
| 10 | vote
under this Article as a physically incapacitated or | ||||||
| 11 | nursing home voter. For the purposes of this Section, | ||||||
| 12 | "federally operated veterans' home, hospital, or facility" | ||||||
| 13 | means the long-term care facilities at the Jesse Brown VA | ||||||
| 14 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 15 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 16 | Lovell Federal Health Care Center.
| ||||||
| 17 | Application for a disabled voter's or nursing home | ||||||
| 18 | resident's
identification card shall be made either: (a) in | ||||||
| 19 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
| 20 | board of election commissioners, as
the case may be, and shall | ||||||
| 21 | be accompanied
by the affidavit of the attending physician | ||||||
| 22 | specifically describing the
nature of the physical incapacity | ||||||
| 23 | or the fact that the voter is a nursing
home resident and is | ||||||
| 24 | physically unable to be present at the polls on election
days; | ||||||
| 25 | or (b) by presenting, in writing or otherwise, to the county | ||||||
| 26 | clerk
or board of election commissioners, as the case may be, | ||||||
| |||||||
| |||||||
| 1 | proof that the
applicant has secured an Illinois Person with a | ||||||
| 2 | Disability Identification Card
indicating that the person | ||||||
| 3 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
| 4 | receipt of either the sworn-to
application and the physician's | ||||||
| 5 | affidavit or proof that the applicant has
secured an Illinois | ||||||
| 6 | Person with a Disability Identification Card indicating that | ||||||
| 7 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
| 8 | the county clerk
or board of election commissioners shall issue | ||||||
| 9 | a disabled voter's or
nursing home resident's identification
| ||||||
| 10 | card. Such identification cards shall be issued for a
period of | ||||||
| 11 | 5 years, upon the expiration of which time the voter may
secure | ||||||
| 12 | a new card by making application in the same manner as is
| ||||||
| 13 | prescribed for the issuance of an original card, accompanied by | ||||||
| 14 | a new
affidavit of the attending physician. The date of | ||||||
| 15 | expiration of such
five-year period shall be made known to any | ||||||
| 16 | interested person by the
election authority upon the request of | ||||||
| 17 | such person. Applications for the
renewal of the identification | ||||||
| 18 | cards shall be mailed to the voters holding
such cards not less | ||||||
| 19 | than 3 months prior to the date of expiration of the cards.
| ||||||
| 20 | Each disabled voter's or nursing home resident's | ||||||
| 21 | identification card
shall bear an identification number, which | ||||||
| 22 | shall be clearly noted on the voter's
original and duplicate | ||||||
| 23 | registration record cards. In the event the
holder becomes | ||||||
| 24 | physically capable of resuming normal voting, he must
surrender | ||||||
| 25 | his disabled voter's or nursing home resident's identification
| ||||||
| 26 | card to the county clerk or board of election commissioners | ||||||
| |||||||
| |||||||
| 1 | before the next election.
| ||||||
| 2 | The holder of a disabled voter's or nursing home resident's
| ||||||
| 3 | identification card may make application by mail for an | ||||||
| 4 | official ballot
within the time prescribed by Section 19-2. | ||||||
| 5 | Such application shall contain
the same information as is
| ||||||
| 6 | included in the form of application for ballot by a physically
| ||||||
| 7 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
| 8 | shall
also include the applicant's disabled voter's | ||||||
| 9 | identification card number
and except that it need not be sworn | ||||||
| 10 | to. If an examination of the records
discloses that the | ||||||
| 11 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
| 12 | ballot as provided in Section 19-4 and, if applicable, in | ||||||
| 13 | Section 19-4.5. The ballot envelope shall
be the same as that | ||||||
| 14 | prescribed in Section 19-5 for physically disabled
voters, and | ||||||
| 15 | the manner of voting and returning the ballot shall be the
same | ||||||
| 16 | as that provided in this Article for other vote by mail | ||||||
| 17 | ballots, except
that a statement to be subscribed to by the | ||||||
| 18 | voter but which need not be
sworn to shall be placed on the | ||||||
| 19 | ballot envelope in lieu of the affidavit
prescribed by Section | ||||||
| 20 | 19-5.
| ||||||
| 21 | Any person who knowingly subscribes to a false statement in
| ||||||
| 22 | connection with voting under this Section shall be guilty of a | ||||||
| 23 | Class A
misdemeanor.
| ||||||
| 24 | For the purposes of this Section, "nursing home resident" | ||||||
| 25 | includes a resident of (i) a federally operated veterans' home, | ||||||
| 26 | hospital, or facility located in Illinois or (ii) a facility | ||||||
| |||||||
| |||||||
| 1 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
| 2 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
| 3 | this Section, "federally operated veterans' home, hospital, or | ||||||
| 4 | facility" means the long-term care facilities at the Jesse | ||||||
| 5 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
| 6 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | ||||||
| 7 | James A. Lovell Federal Health Care Center. | ||||||
| 8 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
| 9 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | ||||||
| 10 | 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
| ||||||
| 11 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||||||
| 12 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 13 | Sec. 20-3.
The election authority shall furnish the | ||||||
| 14 | following
applications for absentee registration or absentee | ||||||
| 15 | ballot which shall be
considered a method of application in | ||||||
| 16 | lieu of the official postcard.
| ||||||
| 17 | 1. Members of the United States Service, citizens of the | ||||||
| 18 | United
States temporarily residing outside the territorial | ||||||
| 19 | limits of the United
States, and certified program participants | ||||||
| 20 | under the Address Confidentiality
for Victims of Domestic | ||||||
| 21 | Violence Act may make application within the periods
prescribed | ||||||
| 22 | in Sections
20-2 or 20-2.1, as the case may be. Such | ||||||
| 23 | application shall be
substantially in the following form:
| ||||||
| 24 | "APPLICATION FOR BALLOT
| ||||||
| 25 | To be voted at the............ election in the precinct in | ||||||
| |||||||
| |||||||
| 1 | which is
located my residence at..............., in the | ||||||
| 2 | city/village/township of
............(insert home address) | ||||||
| 3 | County of........... and State of
Illinois.
| ||||||
| 4 | I state that I am a citizen of the United States; that on | ||||||
| 5 | (insert
date of election) I shall have resided in the State of | ||||||
| 6 | Illinois and in
the election precinct for 30 days; that on the | ||||||
| 7 | above date I shall be the
age of 18 years or above; that I am | ||||||
| 8 | lawfully entitled to vote in such
precinct at that election; | ||||||
| 9 | that I am (check category 1, 2, or 3
below):
| ||||||
| 10 | 1. ( ) a member of the United States Service,
| ||||||
| 11 | 2. ( ) a citizen of the United States temporarily residing | ||||||
| 12 | outside
the territorial limits of the United States and that I | ||||||
| 13 | expect to be
absent from the said county of my residence on the | ||||||
| 14 | date of holding such
election, and that I will have no | ||||||
| 15 | opportunity to vote in person on that
day.
| ||||||
| 16 | 3. ( ) a certified program participant under the Address
| ||||||
| 17 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
| 18 | I hereby make application for an official ballot or ballots | ||||||
| 19 | to be
voted by me at such election if I am absent from the said | ||||||
| 20 | county of my
residence, and I agree that I shall return said | ||||||
| 21 | ballot or ballots to the
election authority postmarked no later | ||||||
| 22 | than midnight preceding election day, for counting no later | ||||||
| 23 | than during the period for counting provisional ballots, the | ||||||
| 24 | last day of which is the 14th day following election day or | ||||||
| 25 | shall destroy said ballot or ballots.
| ||||||
| 26 | (Check below only if category 2 or 3 and not previously | ||||||
| |||||||
| |||||||
| 1 | registered)
| ||||||
| 2 | ( ) I hereby make application to become registered as a | ||||||
| 3 | voter and
agree to return the forms and affidavits for | ||||||
| 4 | registration to the
election authority not later than 30 days | ||||||
| 5 | before the election.
| ||||||
| 6 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 7 | of The
Election Code, the undersigned certifies that the | ||||||
| 8 | statements set forth
in this application are true and correct.
| ||||||
| 9 | .........................
| ||||||
| 10 | Post office address or service address to which | ||||||
| 11 | registration
materials or ballot should be mailed
| ||||||
| 12 | .........................
| ||||||
| 13 | .........................
| ||||||
| 14 | .........................
| ||||||
| 15 | ........................"
| ||||||
| 16 | If application is made for a primary election ballot, such
| ||||||
| 17 | application shall designate the name of the political party | ||||||
| 18 | with which
the applicant is affiliated.
| ||||||
| 19 | Such applications may be obtained from the election | ||||||
| 20 | authority having
jurisdiction over the person's precinct of | ||||||
| 21 | residence.
| ||||||
| 22 | 2. A spouse or dependent of a member of the United States | ||||||
| 23 | Service,
said spouse or dependent being a registered voter in | ||||||
| 24 | the county, may
make application on behalf of said person in | ||||||
| 25 | the office of the election
authority within the periods | ||||||
| 26 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
| |||||||
| |||||||
| 1 | following form:
| ||||||
| 2 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
| 3 | in
the precinct in which is located the residence of the person | ||||||
| 4 | for whom
this application is made at.............(insert | ||||||
| 5 | residence address) in
the city/village/township of......... | ||||||
| 6 | County of.......... and State
of Illinois.
| ||||||
| 7 | I certify that the following named person................ | ||||||
| 8 | (insert
name of person) is a member of the United States | ||||||
| 9 | Service.
| ||||||
| 10 | I state that said person is a citizen of the United States; | ||||||
| 11 | that on
(insert date of election) said person shall have | ||||||
| 12 | resided in the State of
Illinois and in the election precinct | ||||||
| 13 | for which this application is made
for 30 days; that on the | ||||||
| 14 | above date said person shall be the age of 18
years or above; | ||||||
| 15 | that said person is lawfully entitled to vote in such
precinct | ||||||
| 16 | at that election; that said person is a member of the United
| ||||||
| 17 | States Service, and that in the course of his duties said | ||||||
| 18 | person expects
to be absent from his county of residence on the | ||||||
| 19 | date of holding such
election, and that said person will have | ||||||
| 20 | no opportunity to vote in
person on that day.
| ||||||
| 21 | I hereby make application for an official ballot or ballots | ||||||
| 22 | to be
voted by said person at such election and said person | ||||||
| 23 | agrees that he
shall return said ballot or ballots to the | ||||||
| 24 | election authority postmarked no later than midnight preceding | ||||||
| 25 | election day, for counting no later than during the period for | ||||||
| 26 | counting provisional ballots, the last day of which is the 14th | ||||||
| |||||||
| |||||||
| 1 | day following election day, or shall destroy
said ballot or | ||||||
| 2 | ballots.
| ||||||
| 3 | I hereby certify that I am the (mother, father, sister, | ||||||
| 4 | brother,
husband or wife) of the said elector, and that I am a | ||||||
| 5 | registered voter
in the election precinct for which this | ||||||
| 6 | application is made. (Strike all
but one that is applicable.)
| ||||||
| 7 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 8 | of The
Election Code, the undersigned certifies that the | ||||||
| 9 | statements set forth
in this application are true and correct.
| ||||||
| 10 | Name of applicant ......................
| ||||||
| 11 | Residence address ........................
| ||||||
| 12 | City/village/township........................
| ||||||
| 13 | Service address to which ballot should be mailed:
| ||||||
| 14 | .........................
| ||||||
| 15 | .........................
| ||||||
| 16 | .........................
| ||||||
| 17 | ........................"
| ||||||
| 18 | If application is made for a primary election ballot, such
| ||||||
| 19 | application shall designate the name of the political party | ||||||
| 20 | with which
the person for whom application is made is | ||||||
| 21 | affiliated.
| ||||||
| 22 | Such applications may be obtained from the election | ||||||
| 23 | authority having
jurisdiction over the voting precinct in which | ||||||
| 24 | the person for whom
application is made is entitled to vote.
| ||||||
| 25 | (Source: P.A. 96-312, eff. 1-1-10.)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 2 | Sec. 20-3.
The election authority shall furnish the | ||||||
| 3 | following
applications for registration by mail or vote by mail | ||||||
| 4 | ballot which shall be
considered a method of application in | ||||||
| 5 | lieu of the official postcard.
| ||||||
| 6 | 1. Members of the United States Service, citizens of the | ||||||
| 7 | United
States temporarily residing outside the territorial | ||||||
| 8 | limits of the United
States, and certified program participants | ||||||
| 9 | under the Address Confidentiality
for Victims of Domestic | ||||||
| 10 | Violence Act may make application within the periods
prescribed | ||||||
| 11 | in Sections
20-2 or 20-2.1, as the case may be. Such | ||||||
| 12 | application shall be
substantially in the following form:
| ||||||
| 13 | "APPLICATION FOR BALLOT
| ||||||
| 14 | To be voted at the............ election in the precinct in | ||||||
| 15 | which is
located my residence at..............., in the | ||||||
| 16 | city/village/township of
............(insert home address) | ||||||
| 17 | County of........... and State of
Illinois.
| ||||||
| 18 | I state that I am a citizen of the United States; that on | ||||||
| 19 | (insert
date of election) I shall have resided in the State of | ||||||
| 20 | Illinois and in
the election precinct for 30 days; that on the | ||||||
| 21 | above date I shall be the
age of 18 years or above; that I am | ||||||
| 22 | lawfully entitled to vote in such
precinct at that election; | ||||||
| 23 | that I am (check category 1, 2, or 3
below):
| ||||||
| 24 | 1. ( ) a member of the United States Service,
| ||||||
| 25 | 2. ( ) a citizen of the United States temporarily residing | ||||||
| 26 | outside
the territorial limits of the United States and that I | ||||||
| |||||||
| |||||||
| 1 | expect to be
absent from the said county of my residence on the | ||||||
| 2 | date of holding such
election, and that I will have no | ||||||
| 3 | opportunity to vote in person on that
day.
| ||||||
| 4 | 3. ( ) a certified program participant under the Address
| ||||||
| 5 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
| 6 | I hereby make application for an official ballot or ballots | ||||||
| 7 | to be
voted by me at such election if I am absent from the said | ||||||
| 8 | county of my
residence, and I agree that I shall return said | ||||||
| 9 | ballot or ballots to the
election authority postmarked no later | ||||||
| 10 | than midnight preceding election day, for counting no later | ||||||
| 11 | than during the period for counting provisional ballots, the | ||||||
| 12 | last day of which is the 14th day following election day or | ||||||
| 13 | shall destroy said ballot or ballots.
| ||||||
| 14 | (Check below only if category 2 or 3 and not previously | ||||||
| 15 | registered)
| ||||||
| 16 | ( ) I hereby make application to become registered as a | ||||||
| 17 | voter and
agree to return the forms and affidavits for | ||||||
| 18 | registration to the
election authority not later than 30 days | ||||||
| 19 | before the election.
| ||||||
| 20 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 21 | of The
Election Code, the undersigned certifies that the | ||||||
| 22 | statements set forth
in this application are true and correct.
| ||||||
| 23 | .........................
| ||||||
| 24 | Post office address or service address to which | ||||||
| 25 | registration
materials or ballot should be mailed
| ||||||
| 26 | .........................
| ||||||
| |||||||
| |||||||
| 1 | .........................
| ||||||
| 2 | .........................
| ||||||
| 3 | ........................"
| ||||||
| 4 | If application is made for a primary election ballot, such
| ||||||
| 5 | application shall designate the name of the political party | ||||||
| 6 | with which
the applicant is affiliated.
| ||||||
| 7 | Such applications may be obtained from the election | ||||||
| 8 | authority having
jurisdiction over the person's precinct of | ||||||
| 9 | residence.
| ||||||
| 10 | 2. A spouse or dependent of a member of the United States | ||||||
| 11 | Service,
said spouse or dependent being a registered voter in | ||||||
| 12 | the county, may
make application on behalf of said person in | ||||||
| 13 | the office of the election
authority within the periods | ||||||
| 14 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
| 15 | following form:
| ||||||
| 16 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
| 17 | in
the precinct in which is located the residence of the person | ||||||
| 18 | for whom
this application is made at.............(insert | ||||||
| 19 | residence address) in
the city/village/township of......... | ||||||
| 20 | County of.......... and State
of Illinois.
| ||||||
| 21 | I certify that the following named person................ | ||||||
| 22 | (insert
name of person) is a member of the United States | ||||||
| 23 | Service.
| ||||||
| 24 | I state that said person is a citizen of the United States; | ||||||
| 25 | that on
(insert date of election) said person shall have | ||||||
| 26 | resided in the State of
Illinois and in the election precinct | ||||||
| |||||||
| |||||||
| 1 | for which this application is made
for 30 days; that on the | ||||||
| 2 | above date said person shall be the age of 18
years or above; | ||||||
| 3 | that said person is lawfully entitled to vote in such
precinct | ||||||
| 4 | at that election; that said person is a member of the United
| ||||||
| 5 | States Service, and that in the course of his duties said | ||||||
| 6 | person expects
to be absent from his county of residence on the | ||||||
| 7 | date of holding such
election, and that said person will have | ||||||
| 8 | no opportunity to vote in
person on that day.
| ||||||
| 9 | I hereby make application for an official ballot or ballots | ||||||
| 10 | to be
voted by said person at such election and said person | ||||||
| 11 | agrees that he
shall return said ballot or ballots to the | ||||||
| 12 | election authority postmarked no later than midnight preceding | ||||||
| 13 | election day, for counting no later than during the period for | ||||||
| 14 | counting provisional ballots, the last day of which is the 14th | ||||||
| 15 | day following election day, or shall destroy
said ballot or | ||||||
| 16 | ballots.
| ||||||
| 17 | I hereby certify that I am the (mother, father, sister, | ||||||
| 18 | brother,
husband or wife) of the said elector, and that I am a | ||||||
| 19 | registered voter
in the election precinct for which this | ||||||
| 20 | application is made. (Strike all
but one that is applicable.)
| ||||||
| 21 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 22 | of The
Election Code, the undersigned certifies that the | ||||||
| 23 | statements set forth
in this application are true and correct.
| ||||||
| 24 | Name of applicant ......................
| ||||||
| 25 | Residence address ........................
| ||||||
| 26 | City/village/township........................
| ||||||
| |||||||
| |||||||
| 1 | Service address to which ballot should be mailed:
| ||||||
| 2 | .........................
| ||||||
| 3 | .........................
| ||||||
| 4 | .........................
| ||||||
| 5 | ........................"
| ||||||
| 6 | If application is made for a primary election ballot, such
| ||||||
| 7 | application shall designate the name of the political party | ||||||
| 8 | with which
the person for whom application is made is | ||||||
| 9 | affiliated.
| ||||||
| 10 | Such applications may be obtained from the election | ||||||
| 11 | authority having
jurisdiction over the voting precinct in which | ||||||
| 12 | the person for whom
application is made is entitled to vote.
| ||||||
| 13 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 14 | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| ||||||
| 15 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 16 | Sec. 20-4. Immediately upon the receipt of the official | ||||||
| 17 | postcard or
an application as provided in Section 20-3 within | ||||||
| 18 | the times heretofore
prescribed, the election authority shall | ||||||
| 19 | ascertain whether or not such
applicant is legally entitled to | ||||||
| 20 | vote as requested, including verification of the applicant's | ||||||
| 21 | signature by comparison with the signature on the official | ||||||
| 22 | registration record card, if any. If the election
authority | ||||||
| 23 | ascertains that the applicant
is lawfully entitled to vote, it | ||||||
| 24 | shall enter the name, street address,
ward and precinct number | ||||||
| 25 | of such applicant on a list to be posted in his
or its office in | ||||||
| |||||||
| |||||||
| 1 | a place accessible to the public.
Within one day after posting | ||||||
| 2 | the name and other information of an
applicant for a ballot, | ||||||
| 3 | the election authority shall transmit that name and
posted | ||||||
| 4 | information to the State Board of Elections, which shall | ||||||
| 5 | maintain the
names and other information in an electronic | ||||||
| 6 | format on its website, arranged by
county and accessible to | ||||||
| 7 | State and local political committees.
As soon as the
official | ||||||
| 8 | ballot is prepared the election authority shall immediately
| ||||||
| 9 | deliver the same to the applicant in person, by mail, by | ||||||
| 10 | facsimile transmission, or by electronic transmission as | ||||||
| 11 | provided in 20-4.5, when applicable, and this Article.
| ||||||
| 12 | If any such election authority receives a second or | ||||||
| 13 | additional
application which it believes is from the same | ||||||
| 14 | person, he or it shall
submit it to the chief judge of the | ||||||
| 15 | circuit court or any judge of that
court designated by the | ||||||
| 16 | chief judge. If the chief judge or his designate
determines | ||||||
| 17 | that the application submitted to him is a second or
additional | ||||||
| 18 | one, he shall so notify the election authority who shall
| ||||||
| 19 | disregard the second or additional application.
| ||||||
| 20 | The election authority shall maintain a list for each | ||||||
| 21 | election of the
voters to whom it has issued absentee ballots. | ||||||
| 22 | The list
shall be maintained for each precinct within the | ||||||
| 23 | jurisdiction of the
election authority. Prior to the opening of | ||||||
| 24 | the polls on election day,
the election authority shall deliver | ||||||
| 25 | to the judges of election in each
precinct the list of | ||||||
| 26 | registered voters in that precinct to whom absentee
ballots | ||||||
| |||||||
| |||||||
| 1 | have been issued.
| ||||||
| 2 | Election authorities may transmit by facsimile or other | ||||||
| 3 | electronic means a ballot simultaneously with transmitting an | ||||||
| 4 | application for absentee ballot; however, no such ballot shall | ||||||
| 5 | be counted unless an application has been completed by the | ||||||
| 6 | voter and the election authority ascertains that the applicant | ||||||
| 7 | is lawfully entitled to vote as provided in this Section. | ||||||
| 8 | (Source: P.A. 96-1004, eff. 1-1-11.)
| ||||||
| 9 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 10 | Sec. 20-4. Immediately upon the receipt of the official | ||||||
| 11 | postcard or
an application as provided in Section 20-3 within | ||||||
| 12 | the times heretofore
prescribed, the election authority shall | ||||||
| 13 | ascertain whether or not such
applicant is legally entitled to | ||||||
| 14 | vote as requested, including verification of the applicant's | ||||||
| 15 | signature by comparison with the signature on the official | ||||||
| 16 | registration record card, if any. If the election
authority | ||||||
| 17 | ascertains that the applicant
is lawfully entitled to vote, it | ||||||
| 18 | shall enter the name, street address,
ward and precinct number | ||||||
| 19 | of such applicant on a list to be posted in his
or its office in | ||||||
| 20 | a place accessible to the public.
Within one day after posting | ||||||
| 21 | the name and other information of an
applicant for a ballot, | ||||||
| 22 | the election authority shall transmit that name and
posted | ||||||
| 23 | information to the State Board of Elections, which shall | ||||||
| 24 | maintain the
names and other information in an electronic | ||||||
| 25 | format on its website, arranged by
county and accessible to | ||||||
| |||||||
| |||||||
| 1 | State and local political committees.
As soon as the
official | ||||||
| 2 | ballot is prepared the election authority shall immediately
| ||||||
| 3 | deliver the same to the applicant in person, by mail, by | ||||||
| 4 | facsimile transmission, or by electronic transmission as | ||||||
| 5 | provided in 20-4.5, when applicable, and this Article.
| ||||||
| 6 | If any such election authority receives a second or | ||||||
| 7 | additional
application which it believes is from the same | ||||||
| 8 | person, he or it shall
submit it to the chief judge of the | ||||||
| 9 | circuit court or any judge of that
court designated by the | ||||||
| 10 | chief judge. If the chief judge or his designate
determines | ||||||
| 11 | that the application submitted to him is a second or
additional | ||||||
| 12 | one, he shall so notify the election authority who shall
| ||||||
| 13 | disregard the second or additional application.
| ||||||
| 14 | The election authority shall maintain a list for each | ||||||
| 15 | election of the
voters to whom it has issued vote by mail | ||||||
| 16 | ballots. The list
shall be maintained for each precinct within | ||||||
| 17 | the jurisdiction of the
election authority. Prior to the | ||||||
| 18 | opening of the polls on election day,
the election authority | ||||||
| 19 | shall deliver to the judges of election in each
precinct the | ||||||
| 20 | list of registered voters in that precinct to whom vote by mail
| ||||||
| 21 | ballots have been issued.
| ||||||
| 22 | Election authorities may transmit by facsimile or other | ||||||
| 23 | electronic means a ballot simultaneously with transmitting an | ||||||
| 24 | application for vote by mail ballot; however, no such ballot | ||||||
| 25 | shall be counted unless an application has been completed by | ||||||
| 26 | the voter and the election authority ascertains that the | ||||||
| |||||||
| |||||||
| 1 | applicant is lawfully entitled to vote as provided in this | ||||||
| 2 | Section. | ||||||
| 3 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 4 | (10 ILCS 5/20-4.5 new) | ||||||
| 5 | Sec. 20-4.5. Primary ballots. | ||||||
| 6 | (a) Notwithstanding any other provision of law, a person | ||||||
| 7 | entitled to vote by absentee ballot at a primary shall not be | ||||||
| 8 | required to declare his or her political party affiliation and | ||||||
| 9 | shall be provided with a ballot including all candidates, | ||||||
| 10 | regardless of party affiliation of the candidates, for offices | ||||||
| 11 | for which the absentee voter is entitled to vote at that | ||||||
| 12 | primary. | ||||||
| 13 | (b) With respect to the marking, casting, and counting of | ||||||
| 14 | primary ballots, absentee voting shall be conducted in | ||||||
| 15 | accordance with Sections 7-43 and 7-44 of this Code as well as | ||||||
| 16 | the provisions of this Article. | ||||||
| 17 | (c) When voting absentee at a primary, the voter shall be | ||||||
| 18 | instructed to discard or otherwise destroy any ballot that the | ||||||
| 19 | voter does not intend to cast. Such a discarded or destroyed | ||||||
| 20 | ballot is not the ballot the voter agreed in the absentee | ||||||
| 21 | ballot application to return to the election authority.
| ||||||
| 22 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| ||||||
| 23 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 24 | Sec. 20-5.
The election authority shall fold the ballot or | ||||||
| |||||||
| |||||||
| 1 | ballots in
the manner specified by the statute for folding | ||||||
| 2 | ballots prior to their
deposit in the ballot box and shall | ||||||
| 3 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
| 4 | it, which envelope shall bear upon the face
thereof the name, | ||||||
| 5 | official title and post office address of the election
| ||||||
| 6 | authority, and upon the other side of such envelope there shall | ||||||
| 7 | be
printed a certification in substantially the following form:
| ||||||
| 8 | "CERTIFICATION
| ||||||
| 9 | I state that I am a resident/former resident of the ....... | ||||||
| 10 | precinct of
the city/village/township of ............, | ||||||
| 11 | (Designation to be made by
Election Authority) or of the .... | ||||||
| 12 | ward in the city of ...........
(Designation to be made by | ||||||
| 13 | Election Authority) residing at ................
in said | ||||||
| 14 | city/village/township in the county of ........... and State of
| ||||||
| 15 | Illinois; that I am a
| ||||||
| 16 | 1. ( ) member of the United States Service
| ||||||
| 17 | 2. ( ) citizen of the United States temporarily residing | ||||||
| 18 | outside the
territorial limits of the United States
| ||||||
| 19 | 3. ( ) nonresident civilian citizen
| ||||||
| 20 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
| 21 | of The Election
Code; that I am lawfully entitled to vote in | ||||||
| 22 | such precinct at the ...........
election to be held on | ||||||
| 23 | ............
| ||||||
| 24 | I further state that I marked the enclosed ballot in | ||||||
| 25 | secret.
| ||||||
| 26 | Under penalties as provided by law pursuant to Article 29 | ||||||
| |||||||
| |||||||
| 1 | of The
Election Code, the undersigned certifies that the | ||||||
| 2 | statements set forth
in this certification are true and | ||||||
| 3 | correct.
| ||||||
| 4 | ...............(Name)
| ||||||
| 5 | .....................
| ||||||
| 6 | (Service Address)"
| ||||||
| 7 | .....................
| ||||||
| 8 | .....................
| ||||||
| 9 | .....................
| ||||||
| 10 | If the ballot enclosed is to be voted at a primary | ||||||
| 11 | election, the
certification shall designate the name of the | ||||||
| 12 | political party with which
the voter is affiliated.
| ||||||
| 13 | In addition to the above, the election authority shall | ||||||
| 14 | provide
printed slips giving full instructions regarding the | ||||||
| 15 | manner of completing
the forms and affidavits for absentee | ||||||
| 16 | registration or the manner of marking
and returning the ballot | ||||||
| 17 | in order that the same may be counted, and
shall furnish one of | ||||||
| 18 | the printed slips to each of the applicants at the
same time | ||||||
| 19 | the registration materials or ballot is delivered to him.
| ||||||
| 20 | In addition to the above, if a ballot to be provided to an | ||||||
| 21 | elector
pursuant to this Section contains a public question | ||||||
| 22 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 23 | concerning which the question is
to be submitted is not | ||||||
| 24 | described on the ballot due to the space limitations
of such | ||||||
| 25 | ballot, the election authority shall provide a printed copy of
| ||||||
| 26 | a notice of the public question, which shall include a | ||||||
| |||||||
| |||||||
| 1 | description of the
territory in the manner required by Section | ||||||
| 2 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
| 3 | time the ballot
is delivered to the elector.
| ||||||
| 4 | The envelope in which such registration or such ballot is | ||||||
| 5 | mailed to the
voter as well as the envelope in which the | ||||||
| 6 | registration materials or the
ballot is returned by the voter | ||||||
| 7 | shall have
printed across the face thereof two parallel | ||||||
| 8 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
| 9 | one side of the envelope to the
other side, with an intervening | ||||||
| 10 | space of one-quarter inch, the top bar
to be one and | ||||||
| 11 | one-quarter inches from the top of the envelope, and with
the | ||||||
| 12 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
| 13 | between the
bars. In the upper right corner of such envelope in | ||||||
| 14 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
| 15 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
| 16 | in red, including an appropriate
inscription or blank in the | ||||||
| 17 | upper left corner of return address of sender.
| ||||||
| 18 | The envelope in which the ballot is returned to the | ||||||
| 19 | election authority may be delivered (i) by mail, postage paid, | ||||||
| 20 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
| 21 | sister of the voter, or (iii) by a company engaged in the | ||||||
| 22 | business of making deliveries of property and licensed as a | ||||||
| 23 | motor carrier of property by the Illinois Commerce Commission | ||||||
| 24 | under the Illinois Commercial Transportation Law. | ||||||
| 25 | Election authorities transmitting ballots by facsimile or | ||||||
| 26 | electronic transmission shall, to the extent possible, provide | ||||||
| |||||||
| |||||||
| 1 | those applicants with the same instructions, certification, | ||||||
| 2 | and other materials required when sending by mail. | ||||||
| 3 | (Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
| ||||||
| 4 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 5 | Sec. 20-5.
The election authority shall fold the ballot or | ||||||
| 6 | ballots in
the manner specified by the statute for folding | ||||||
| 7 | ballots prior to their
deposit in the ballot box and shall | ||||||
| 8 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
| 9 | it, which envelope shall bear upon the face
thereof the name, | ||||||
| 10 | official title and post office address of the election
| ||||||
| 11 | authority, and upon the other side of such envelope there shall | ||||||
| 12 | be
printed a certification in substantially the following form:
| ||||||
| 13 | "CERTIFICATION
| ||||||
| 14 | I state that I am a resident/former resident of the ....... | ||||||
| 15 | precinct of
the city/village/township of ............, | ||||||
| 16 | (Designation to be made by
Election Authority) or of the .... | ||||||
| 17 | ward in the city of ...........
(Designation to be made by | ||||||
| 18 | Election Authority) residing at ................
in said | ||||||
| 19 | city/village/township in the county of ........... and State of
| ||||||
| 20 | Illinois; that I am a
| ||||||
| 21 | 1. ( ) member of the United States Service
| ||||||
| 22 | 2. ( ) citizen of the United States temporarily residing | ||||||
| 23 | outside the
territorial limits of the United States
| ||||||
| 24 | 3. ( ) nonresident civilian citizen
| ||||||
| 25 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
| |||||||
| |||||||
| 1 | of The Election
Code; that I am lawfully entitled to vote in | ||||||
| 2 | such precinct at the ...........
election to be held on | ||||||
| 3 | ............
| ||||||
| 4 | I further state that I marked the enclosed ballot in | ||||||
| 5 | secret.
| ||||||
| 6 | Under penalties as provided by law pursuant to Article 29 | ||||||
| 7 | of The
Election Code, the undersigned certifies that the | ||||||
| 8 | statements set forth
in this certification are true and | ||||||
| 9 | correct.
| ||||||
| 10 | ...............(Name)
| ||||||
| 11 | .....................
| ||||||
| 12 | (Service Address)"
| ||||||
| 13 | .....................
| ||||||
| 14 | .....................
| ||||||
| 15 | .....................
| ||||||
| 16 | If the ballot enclosed is to be voted at a primary | ||||||
| 17 | election, the
certification shall designate the name of the | ||||||
| 18 | political party with which
the voter is affiliated.
| ||||||
| 19 | In addition to the above, the election authority shall | ||||||
| 20 | provide
printed slips giving full instructions regarding the | ||||||
| 21 | manner of completing
the forms and affidavits for registration | ||||||
| 22 | by mail or the manner of marking
and returning the ballot in | ||||||
| 23 | order that the same may be counted, and
shall furnish one of | ||||||
| 24 | the printed slips to each of the applicants at the
same time | ||||||
| 25 | the registration materials or ballot is delivered to him.
| ||||||
| 26 | In addition to the above, if a ballot to be provided to an | ||||||
| |||||||
| |||||||
| 1 | elector
pursuant to this Section contains a public question | ||||||
| 2 | described in subsection
(b) of Section 28-6 and the territory | ||||||
| 3 | concerning which the question is
to be submitted is not | ||||||
| 4 | described on the ballot due to the space limitations
of such | ||||||
| 5 | ballot, the election authority shall provide a printed copy of
| ||||||
| 6 | a notice of the public question, which shall include a | ||||||
| 7 | description of the
territory in the manner required by Section | ||||||
| 8 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
| 9 | time the ballot
is delivered to the elector.
| ||||||
| 10 | The envelope in which such registration or such ballot is | ||||||
| 11 | mailed to the
voter as well as the envelope in which the | ||||||
| 12 | registration materials or the
ballot is returned by the voter | ||||||
| 13 | shall have
printed across the face thereof two parallel | ||||||
| 14 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
| 15 | one side of the envelope to the
other side, with an intervening | ||||||
| 16 | space of one-quarter inch, the top bar
to be one and | ||||||
| 17 | one-quarter inches from the top of the envelope, and with
the | ||||||
| 18 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
| 19 | between the
bars. In the upper right corner of such envelope in | ||||||
| 20 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
| 21 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
| 22 | in red, including an appropriate
inscription or blank in the | ||||||
| 23 | upper left corner of return address of sender.
| ||||||
| 24 | The envelope in which the ballot is returned to the | ||||||
| 25 | election authority may be delivered (i) by mail, postage paid, | ||||||
| 26 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
| |||||||
| |||||||
| 1 | sister of the voter, or (iii) by a company engaged in the | ||||||
| 2 | business of making deliveries of property and licensed as a | ||||||
| 3 | motor carrier of property by the Illinois Commerce Commission | ||||||
| 4 | under the Illinois Commercial Transportation Law. | ||||||
| 5 | Election authorities transmitting ballots by facsimile or | ||||||
| 6 | electronic transmission shall, to the extent possible, provide | ||||||
| 7 | those applicants with the same instructions, certification, | ||||||
| 8 | and other materials required when sending by mail. | ||||||
| 9 | (Source: P.A. 98-1171, eff. 6-1-15.)
| ||||||
| 10 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
| 11 | (Text of Section before amendment by P.A. 98-1171)
| ||||||
| 12 | Sec. 20-8. Time and place of counting ballots. | ||||||
| 13 | (a) (Blank.) | ||||||
| 14 | (b) Each absent voter's ballot returned to an election | ||||||
| 15 | authority, by any means authorized by this Article, and | ||||||
| 16 | received by that election authority before the closing of the | ||||||
| 17 | polls on election day shall be endorsed by the receiving | ||||||
| 18 | election authority with the day and hour of receipt and shall | ||||||
| 19 | be counted in the central ballot counting location of the | ||||||
| 20 | election authority on the day of the election after 7:00 p.m., | ||||||
| 21 | except as provided in subsections (g) and (g-5).
| ||||||
| 22 | (c) Each absent voter's ballot that is mailed to an | ||||||
| 23 | election authority and postmarked by the midnight preceding the | ||||||
| 24 | opening of the polls on election day, but that is received by | ||||||
| 25 | the election authority after the polls close on election day | ||||||
| |||||||
| |||||||
| 1 | and before the close of the period for counting provisional | ||||||
| 2 | ballots cast at that election, shall be endorsed by the | ||||||
| 3 | receiving authority with the day and hour of receipt and shall | ||||||
| 4 | be counted at the central ballot counting location of the | ||||||
| 5 | election authority during the period for counting provisional | ||||||
| 6 | ballots. | ||||||
| 7 | Each absent voter's ballot that is mailed to an election | ||||||
| 8 | authority absent a postmark, but that is received by the | ||||||
| 9 | election authority after the polls close on election day and | ||||||
| 10 | before the close of the period for counting provisional ballots | ||||||
| 11 | cast at that election, shall be endorsed by the receiving | ||||||
| 12 | authority with the day and hour of receipt, opened to inspect | ||||||
| 13 | the date inserted on the certification, and, if the | ||||||
| 14 | certification date is a date preceding the election day and the | ||||||
| 15 | ballot is otherwise found to be valid under the requirements of | ||||||
| 16 | this Section, counted at the central ballot counting location | ||||||
| 17 | of the election authority during the period for counting | ||||||
| 18 | provisional ballots. Absent a date on the certification, the | ||||||
| 19 | ballot shall not be counted.
| ||||||
| 20 | (d) Special write-in absentee voter's blank ballots | ||||||
| 21 | returned to an election authority, by any means authorized by | ||||||
| 22 | this Article, and received by the election authority at any | ||||||
| 23 | time before the closing of the polls on election day shall be | ||||||
| 24 | endorsed by the receiving election authority with the day and | ||||||
| 25 | hour of receipt and shall be counted at the central ballot | ||||||
| 26 | counting location of the election authority during the same | ||||||
| |||||||
| |||||||
| 1 | period provided for counting absent voters' ballots under | ||||||
| 2 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
| 3 | voter's blank ballot that are mailed to an election authority | ||||||
| 4 | and postmarked by midnight preceding the opening of the polls | ||||||
| 5 | on election day, but that are received by the election | ||||||
| 6 | authority after the polls close on election day and before the | ||||||
| 7 | closing of the period for counting provisional ballots cast at | ||||||
| 8 | that election, shall be endorsed by the receiving authority | ||||||
| 9 | with the day and hour of receipt and shall be counted at the | ||||||
| 10 | central ballot counting location of the election authority | ||||||
| 11 | during the same periods provided for counting absent voters' | ||||||
| 12 | ballots under subsection (c).
| ||||||
| 13 | (e) Except as otherwise provided in this Section, absent | ||||||
| 14 | voters' ballots and special write-in absentee voter's blank | ||||||
| 15 | ballots received by the election authority after the closing of | ||||||
| 16 | the polls on the day of election shall be
endorsed by the | ||||||
| 17 | person receiving the ballots with the day and hour of
receipt | ||||||
| 18 | and shall be safely kept unopened by the election authority for
| ||||||
| 19 | the period of time required for the preservation of ballots | ||||||
| 20 | used at the
election, and shall then, without being opened, be | ||||||
| 21 | destroyed in like
manner as the used ballots of that election.
| ||||||
| 22 | (f) Counting required under this Section to begin on | ||||||
| 23 | election day after the closing of the polls shall commence no | ||||||
| 24 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
| 25 | panels of election judges appointed in the manner provided
by | ||||||
| 26 | law. The counting shall continue until all absent voters' | ||||||
| |||||||
| |||||||
| 1 | ballots and special write-in absentee voter's blank ballots | ||||||
| 2 | required to be counted on election day have been counted.
| ||||||
| 3 | (g) The procedures set forth in Articles 17 and
18and, with | ||||||
| 4 | respect to primaries, in Section 20-4.5 of this Code shall | ||||||
| 5 | apply to all ballots counted under
this Section. In addition, | ||||||
| 6 | within 2 days after a ballot subject to this Article is | ||||||
| 7 | received, but in all cases before the close of the period for | ||||||
| 8 | counting provisional ballots, the election judge or official | ||||||
| 9 | shall compare the voter's signature on the certification | ||||||
| 10 | envelope of that ballot with the signature of the voter on file | ||||||
| 11 | in the office of the election authority. If the election judge | ||||||
| 12 | or official determines that the 2 signatures match, and that | ||||||
| 13 | the voter is otherwise qualified to cast a ballot under this | ||||||
| 14 | Article, the election authority shall cast and count the ballot | ||||||
| 15 | on election day or the day the ballot is determined to be | ||||||
| 16 | valid, whichever is later, adding the results to the precinct | ||||||
| 17 | in which the voter is registered. If the election judge or | ||||||
| 18 | official determines that the signatures do not match, or that | ||||||
| 19 | the voter is not qualified to cast a ballot under this Article, | ||||||
| 20 | then without opening the certification envelope, the judge or | ||||||
| 21 | official shall mark across the face of the certification | ||||||
| 22 | envelope the word "Rejected" and shall not cast or count the | ||||||
| 23 | ballot. | ||||||
| 24 | In addition to the voter's signatures not matching, a | ||||||
| 25 | ballot subject to this Article may be rejected by the election | ||||||
| 26 | judge or official: | ||||||
| |||||||
| |||||||
| 1 | (1) if the ballot envelope is open or has been opened | ||||||
| 2 | and resealed; | ||||||
| 3 | (2) if the voter has already cast an early or grace | ||||||
| 4 | period ballot; | ||||||
| 5 | (3) if the voter voted in person on election day or the | ||||||
| 6 | voter is not a duly registered voter in the precinct; or | ||||||
| 7 | (4) on any other basis set forth in this Code. | ||||||
| 8 | If the election judge or official determines that any of | ||||||
| 9 | these reasons apply, the judge or official shall mark across | ||||||
| 10 | the face of the certification envelope the word "Rejected" and | ||||||
| 11 | shall not cast or count the ballot. | ||||||
| 12 | (g-5) If a ballot subject to this Article is rejected by | ||||||
| 13 | the election judge or official for any reason, the election | ||||||
| 14 | authority shall, within 2 days after the rejection but in all | ||||||
| 15 | cases before the close of the period for counting provisional | ||||||
| 16 | ballots, notify the voter that his or her ballot was rejected. | ||||||
| 17 | The notice shall inform the voter of the reason or reasons the | ||||||
| 18 | ballot was rejected and shall state that the voter may appear | ||||||
| 19 | before the election authority, on or before the 14th day after | ||||||
| 20 | the election, to show cause as to why the ballot should not be | ||||||
| 21 | rejected. The voter may present evidence to the election | ||||||
| 22 | authority supporting his or her contention that the ballot | ||||||
| 23 | should be counted. The election authority shall appoint a panel | ||||||
| 24 | of 3 election judges to review the contested ballot, | ||||||
| 25 | application, and certification envelope, as well as any | ||||||
| 26 | evidence submitted by the absentee voter. No more than 2 | ||||||
| |||||||
| |||||||
| 1 | election judges on the reviewing panel shall be of the same | ||||||
| 2 | political party. The reviewing panel of election judges shall | ||||||
| 3 | make a final determination as to the validity of the contested | ||||||
| 4 | ballot. The judges' determination shall not be reviewable | ||||||
| 5 | either administratively or judicially. | ||||||
| 6 | A ballot subject to this subsection that is determined to | ||||||
| 7 | be valid shall be counted before the close of the period for | ||||||
| 8 | counting provisional ballots. | ||||||
| 9 | (g-10) All ballots determined to be valid shall be added to | ||||||
| 10 | the vote totals for the precincts for which they were cast in | ||||||
| 11 | the order in which the ballots were opened.
| ||||||
| 12 | (h) Each political party,
candidate, and qualified civic | ||||||
| 13 | organization shall be entitled to have
present one pollwatcher | ||||||
| 14 | for each panel of election judges therein assigned.
| ||||||
| 15 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
| 16 | 95-699, eff. 11-9-07.)
| ||||||
| 17 | (Text of Section after amendment by P.A. 98-1171)
| ||||||
| 18 | Sec. 20-8. Time and place of counting ballots. | ||||||
| 19 | (a) (Blank.) | ||||||
| 20 | (b) Each vote by mail voter's ballot returned to an | ||||||
| 21 | election authority, by any means authorized by this Article, | ||||||
| 22 | and received by that election authority may be processed by the | ||||||
| 23 | election authority beginning on the 15th day before election | ||||||
| 24 | day in the central ballot counting location of the election | ||||||
| 25 | authority, but the results of the processing may not be counted | ||||||
| |||||||
| |||||||
| 1 | until the day of the election after 7:00 p.m., except as | ||||||
| 2 | provided in subsections (g) and (g-5).
| ||||||
| 3 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
| 4 | election authority and postmarked no later than election day, | ||||||
| 5 | but that is received by the election authority after the polls | ||||||
| 6 | close on election day and before the close of the period for | ||||||
| 7 | counting provisional ballots cast at that election, shall be | ||||||
| 8 | endorsed by the receiving authority with the day and hour of | ||||||
| 9 | receipt and shall be counted at the central ballot counting | ||||||
| 10 | location of the election authority during the period for | ||||||
| 11 | counting provisional ballots. | ||||||
| 12 | Each vote by mail voter's ballot that is mailed to an | ||||||
| 13 | election authority absent a postmark, but that is received by | ||||||
| 14 | the election authority after the polls close on election day | ||||||
| 15 | and before the close of the period for counting provisional | ||||||
| 16 | ballots cast at that election, shall be endorsed by the | ||||||
| 17 | receiving authority with the day and hour of receipt, opened to | ||||||
| 18 | inspect the date inserted on the certification, and, if the | ||||||
| 19 | certification date is a date preceding the election day and the | ||||||
| 20 | ballot is otherwise found to be valid under the requirements of | ||||||
| 21 | this Section, counted at the central ballot counting location | ||||||
| 22 | of the election authority during the period for counting | ||||||
| 23 | provisional ballots. Absent a date on the certification, the | ||||||
| 24 | ballot shall not be counted.
| ||||||
| 25 | (d) Special write-in vote by mail voter's blank ballots | ||||||
| 26 | returned to an election authority, by any means authorized by | ||||||
| |||||||
| |||||||
| 1 | this Article, and received by the election authority at any | ||||||
| 2 | time before the closing of the polls on election day shall be | ||||||
| 3 | endorsed by the receiving election authority with the day and | ||||||
| 4 | hour of receipt and shall be counted at the central ballot | ||||||
| 5 | counting location of the election authority during the same | ||||||
| 6 | period provided for counting vote by mail voters' ballots under | ||||||
| 7 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
| 8 | voter's blank ballot that are mailed to an election authority | ||||||
| 9 | and postmarked by midnight preceding the opening of the polls | ||||||
| 10 | on election day, but that are received by the election | ||||||
| 11 | authority after the polls close on election day and before the | ||||||
| 12 | closing of the period for counting provisional ballots cast at | ||||||
| 13 | that election, shall be endorsed by the receiving authority | ||||||
| 14 | with the day and hour of receipt and shall be counted at the | ||||||
| 15 | central ballot counting location of the election authority | ||||||
| 16 | during the same periods provided for counting vote by mail | ||||||
| 17 | voters' ballots under subsection (c).
| ||||||
| 18 | (e) Except as otherwise provided in this Section, vote by | ||||||
| 19 | mail voters' ballots and special write-in vote by mail voter's | ||||||
| 20 | blank ballots received by the election authority after the | ||||||
| 21 | closing of the polls on the day of election shall be
endorsed | ||||||
| 22 | by the person receiving the ballots with the day and hour of
| ||||||
| 23 | receipt and shall be safely kept unopened by the election | ||||||
| 24 | authority for
the period of time required for the preservation | ||||||
| 25 | of ballots used at the
election, and shall then, without being | ||||||
| 26 | opened, be destroyed in like
manner as the used ballots of that | ||||||
| |||||||
| |||||||
| 1 | election.
| ||||||
| 2 | (f) Counting required under this Section to begin on | ||||||
| 3 | election day after the closing of the polls shall commence no | ||||||
| 4 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
| 5 | panels of election judges appointed in the manner provided
by | ||||||
| 6 | law. The counting shall continue until all vote by mail voters' | ||||||
| 7 | ballots and special write-in vote by mail voter's blank ballots | ||||||
| 8 | required to be counted on election day have been counted.
| ||||||
| 9 | (g) The procedures set forth in Articles 17 and
18 and, | ||||||
| 10 | with respect to primaries, in Section 20-4.5 of this Code shall | ||||||
| 11 | apply to all ballots counted under
this Section. In addition, | ||||||
| 12 | within 2 days after a ballot subject to this Article is | ||||||
| 13 | received, but in all cases before the close of the period for | ||||||
| 14 | counting provisional ballots, the election judge or official | ||||||
| 15 | shall compare the voter's signature on the certification | ||||||
| 16 | envelope of that ballot with the signature of the voter on file | ||||||
| 17 | in the office of the election authority. If the election judge | ||||||
| 18 | or official determines that the 2 signatures match, and that | ||||||
| 19 | the voter is otherwise qualified to cast a ballot under this | ||||||
| 20 | Article, the election authority shall cast and count the ballot | ||||||
| 21 | on election day or the day the ballot is determined to be | ||||||
| 22 | valid, whichever is later, adding the results to the precinct | ||||||
| 23 | in which the voter is registered. If the election judge or | ||||||
| 24 | official determines that the signatures do not match, or that | ||||||
| 25 | the voter is not qualified to cast a ballot under this Article, | ||||||
| 26 | then without opening the certification envelope, the judge or | ||||||
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| 1 | official shall mark across the face of the certification | ||||||
| 2 | envelope the word "Rejected" and shall not cast or count the | ||||||
| 3 | ballot. | ||||||
| 4 | In addition to the voter's signatures not matching, a | ||||||
| 5 | ballot subject to this Article may be rejected by the election | ||||||
| 6 | judge or official: | ||||||
| 7 | (1) if the ballot envelope is open or has been opened | ||||||
| 8 | and resealed; | ||||||
| 9 | (2) if the voter has already cast an early or grace | ||||||
| 10 | period ballot; | ||||||
| 11 | (3) if the voter voted in person on election day or the | ||||||
| 12 | voter is not a duly registered voter in the precinct; or | ||||||
| 13 | (4) on any other basis set forth in this Code. | ||||||
| 14 | If the election judge or official determines that any of | ||||||
| 15 | these reasons apply, the judge or official shall mark across | ||||||
| 16 | the face of the certification envelope the word "Rejected" and | ||||||
| 17 | shall not cast or count the ballot. | ||||||
| 18 | (g-5) If a ballot subject to this Article is rejected by | ||||||
| 19 | the election judge or official for any reason, the election | ||||||
| 20 | authority shall, within 2 days after the rejection but in all | ||||||
| 21 | cases before the close of the period for counting provisional | ||||||
| 22 | ballots, notify the voter that his or her ballot was rejected. | ||||||
| 23 | The notice shall inform the voter of the reason or reasons the | ||||||
| 24 | ballot was rejected and shall state that the voter may appear | ||||||
| 25 | before the election authority, on or before the 14th day after | ||||||
| 26 | the election, to show cause as to why the ballot should not be | ||||||
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| 1 | rejected. The voter may present evidence to the election | ||||||
| 2 | authority supporting his or her contention that the ballot | ||||||
| 3 | should be counted. The election authority shall appoint a panel | ||||||
| 4 | of 3 election judges to review the contested ballot, | ||||||
| 5 | application, and certification envelope, as well as any | ||||||
| 6 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
| 7 | election judges on the reviewing panel shall be of the same | ||||||
| 8 | political party. The reviewing panel of election judges shall | ||||||
| 9 | make a final determination as to the validity of the contested | ||||||
| 10 | ballot. The judges' determination shall not be reviewable | ||||||
| 11 | either administratively or judicially. | ||||||
| 12 | A ballot subject to this subsection that is determined to | ||||||
| 13 | be valid shall be counted before the close of the period for | ||||||
| 14 | counting provisional ballots. | ||||||
| 15 | (g-10) All ballots determined to be valid shall be added to | ||||||
| 16 | the vote totals for the precincts for which they were cast in | ||||||
| 17 | the order in which the ballots were opened.
| ||||||
| 18 | (h) Each political party,
candidate, and qualified civic | ||||||
| 19 | organization shall be entitled to have
present one pollwatcher | ||||||
| 20 | for each panel of election judges therein assigned.
| ||||||
| 21 | (Source: P.A. 98-1171, eff. 6-1-15.)
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| 22 | (10 ILCS 5/7-2 rep.) | ||||||
| 23 | (10 ILCS 5/7-3 rep.) | ||||||
| 24 | (10 ILCS 5/Art. 10 rep.) | ||||||
| 25 | Section 10. The Election Code is amended by repealing | ||||||
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| 1 | Sections 7-2 and 7-3 and Article 10.
| ||||||
| 2 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 3 | changes in a statute that is represented in this Act by text | ||||||
| 4 | that is not yet or no longer in effect (for example, a Section | ||||||
| 5 | represented by multiple versions), the use of that text does | ||||||
| 6 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 7 | made by this Act or (ii) provisions derived from any other | ||||||
| 8 | Public Act.
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