97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5191

 

Introduced 2/8/2012, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-4  from Ch. 46, par. 19-4
10 ILCS 5/19-12.2  from Ch. 46, par. 19-12.2
10 ILCS 5/20-13  from Ch. 46, par. 20-13
10 ILCS 5/20-13.1  from Ch. 46, par. 20-13.1

    Amends the Election Code. Provides that an application for absentee ballot must be received by the election authority not less than 7 days (now, 5 days) prior to the election. Provides that a proper application to vote on the premises of a licensed nursing home must be made to the election authority not later than 7 days (now, 5 days) prior to the election. Provides that a special application by a non-registered resident temporarily absent from the county for an absentee ballot to vote for president and vice-president only must be made to the election authority not less than 7 days (now, 5 days) before the election. Effective immediately.


LRB097 18257 PJG 63483 b

 

 

A BILL FOR

 

HB5191LRB097 18257 PJG 63483 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 19-4, 19-12.2, 20-13, and 20-13.1 as follows:
 
6    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
7    Sec. 19-4. Mailing or delivery of ballots - Time.)
8Immediately upon the receipt of such application either by
9mail, not more than 40 days nor less than 7 5 days prior to such
10election, or by personal delivery not more than 40 days nor
11less than one day prior to such election, at the office of such
12election authority, it shall be the duty of such election
13authority to examine the records to ascertain whether or not
14such applicant is lawfully entitled to vote as requested,
15including a verification of the applicant's signature by
16comparison with the signature on the official registration
17record card, and if found so to be entitled to vote, to post
18within one business day thereafter the name, street address,
19ward and precinct number or township and district number, as
20the case may be, of such applicant given on a list, the pages
21of which are to be numbered consecutively to be kept by such
22election authority for such purpose in a conspicuous, open and
23public place accessible to the public at the entrance of the

 

 

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1office of such election authority, and in such a manner that
2such list may be viewed without necessity of requesting
3permission therefor. Within one day after posting the name and
4other information of an applicant for an absentee ballot, the
5election authority shall transmit that name and other posted
6information to the State Board of Elections, which shall
7maintain those names and other information in an electronic
8format on its website, arranged by county and accessible to
9State and local political committees. Within 2 business days
10after posting a name and other information on the list within
11its office, the election authority shall mail, postage prepaid,
12or deliver in person in such office an official ballot or
13ballots if more than one are to be voted at said election. Mail
14delivery of Temporarily Absent Student ballot applications
15pursuant to Section 19-12.3 shall be by nonforwardable mail.
16However, for the consolidated election, absentee ballots for
17certain precincts may be delivered to applicants not less than
1825 days before the election if so much time is required to have
19prepared and printed the ballots containing the names of
20persons nominated for offices at the consolidated primary. The
21election authority shall enclose with each absentee ballot or
22application written instructions on how voting assistance
23shall be provided pursuant to Section 17-14 and a document,
24written and approved by the State Board of Elections,
25enumerating the circumstances under which a person is
26authorized to vote by absentee ballot pursuant to this Article;

 

 

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1such document shall also include a statement informing the
2applicant that if he or she falsifies or is solicited by
3another to falsify his or her eligibility to cast an absentee
4ballot, such applicant or other is subject to penalties
5pursuant to Section 29-10 and Section 29-20 of the Election
6Code. Each election authority shall maintain a list of the
7name, street address, ward and precinct, or township and
8district number, as the case may be, of all applicants who have
9returned absentee ballots to such authority, and the name of
10such absent voter shall be added to such list within one
11business day from receipt of such ballot. If the absentee
12ballot envelope indicates that the voter was assisted in
13casting the ballot, the name of the person so assisting shall
14be included on the list. The list, the pages of which are to be
15numbered consecutively, shall be kept by each election
16authority in a conspicuous, open, and public place accessible
17to the public at the entrance of the office of the election
18authority and in a manner that the list may be viewed without
19necessity of requesting permission for viewing.
20    Each election authority shall maintain a list for each
21election of the voters to whom it has issued absentee ballots.
22The list shall be maintained for each precinct within the
23jurisdiction of the election authority. Prior to the opening of
24the polls on election day, the election authority shall deliver
25to the judges of election in each precinct the list of
26registered voters in that precinct to whom absentee ballots

 

 

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1have been issued by mail.
2    Each election authority shall maintain a list for each
3election of voters to whom it has issued temporarily absent
4student ballots. The list shall be maintained for each election
5jurisdiction within which such voters temporarily abide.
6Immediately after the close of the period during which
7application may be made by mail for absentee ballots, each
8election authority shall mail to each other election authority
9within the State a certified list of all such voters
10temporarily abiding within the jurisdiction of the other
11election authority.
12    In the event that the return address of an application for
13ballot by a physically incapacitated elector is that of a
14facility licensed or certified under the Nursing Home Care Act,
15the Specialized Mental Health Rehabilitation Act, or the ID/DD
16Community Care Act, within the jurisdiction of the election
17authority, and the applicant is a registered voter in the
18precinct in which such facility is located, the ballots shall
19be prepared and transmitted to a responsible judge of election
20no later than 9 a.m. on the Saturday, Sunday or Monday
21immediately preceding the election as designated by the
22election authority under Section 19-12.2. Such judge shall
23deliver in person on the designated day the ballot to the
24applicant on the premises of the facility from which
25application was made. The election authority shall by mail
26notify the applicant in such facility that the ballot will be

 

 

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1delivered by a judge of election on the designated day.
2    All applications for absentee ballots shall be available at
3the office of the election authority for public inspection upon
4request from the time of receipt thereof by the election
5authority until 30 days after the election, except during the
6time such applications are kept in the office of the election
7authority pursuant to Section 19-7, and except during the time
8such applications are in the possession of the judges of
9election.
10(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
11eff. 1-1-12; revised 9-2-11.)
 
12    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
13    Sec. 19-12.2. Voting by physically incapacitated electors
14who have made proper application to the election authority not
15later than 7 5 days before the regular primary and general
16election of 1980 and before each election thereafter shall be
17conducted on the premises of (i) federally operated veterans'
18homes, hospitals, and facilities located in Illinois or (ii)
19facilities licensed or certified pursuant to the Nursing Home
20Care Act, the Specialized Mental Health Rehabilitation Act, or
21the ID/DD Community Care Act for the sole benefit of residents
22of such homes, hospitals, and facilities. For the purposes of
23this Section, "federally operated veterans' home, hospital, or
24facility" means the long-term care facilities at the Jesse
25Brown VA Medical Center, Illiana Health Care System, Edward

 

 

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1Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
2James A. Lovell Federal Health Care Center. Such voting shall
3be conducted during any continuous period sufficient to allow
4all applicants to cast their ballots between the hours of 9
5a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
6Monday immediately preceding the regular election. This
7absentee voting on one of said days designated by the election
8authority shall be supervised by two election judges who must
9be selected by the election authority in the following order of
10priority: (1) from the panel of judges appointed for the
11precinct in which such home, hospital, or facility is located,
12or from a panel of judges appointed for any other precinct
13within the jurisdiction of the election authority in the same
14ward or township, as the case may be, in which the home,
15hospital, or facility is located or, only in the case where a
16judge or judges from the precinct, township or ward are
17unavailable to serve, (3) from a panel of judges appointed for
18any other precinct within the jurisdiction of the election
19authority. The two judges shall be from different political
20parties. Not less than 30 days before each regular election,
21the election authority shall have arranged with the chief
22administrative officer of each home, hospital, or facility in
23his or its election jurisdiction a mutually convenient time
24period on the Friday, Saturday, Sunday or Monday immediately
25preceding the election for such voting on the premises of the
26home, hospital, or facility and shall post in a prominent place

 

 

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1in his or its office a notice of the agreed day and time period
2for conducting such voting at each home, hospital, or facility;
3provided that the election authority shall not later than noon
4on the Thursday before the election also post the names and
5addresses of those homes, hospitals, and facilities from which
6no applications were received and in which no supervised
7absentee voting will be conducted. All provisions of this Code
8applicable to pollwatchers shall be applicable herein. To the
9maximum extent feasible, voting booths or screens shall be
10provided to insure the privacy of the voter. Voting procedures
11shall be as described in Article 17 of this Code, except that
12ballots shall be treated as absentee ballots and shall not be
13counted until the close of the polls on the following day.
14After the last voter has concluded voting, the judges shall
15seal the ballots in an envelope and affix their signatures
16across the flap of the envelope. Immediately thereafter, the
17judges shall bring the sealed envelope to the office of the
18election authority who shall deliver such ballots to the
19election authority's central ballot counting location prior to
20the closing of the polls on the day of election. The judges of
21election shall also report to the election authority the name
22of any applicant in the home, hospital, or facility who, due to
23unforeseen circumstance or condition or because of a religious
24holiday, was unable to vote. In this event, the election
25authority may appoint a qualified person from his or its staff
26to deliver the ballot to such applicant on the day of election.

 

 

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1This staff person shall follow the same procedures prescribed
2for judges conducting absentee voting in such homes, hospitals,
3or facilities and shall return the ballot to the central ballot
4counting location before the polls close. However, if the home,
5hospital, or facility from which the application was made is
6also used as a regular precinct polling place for that voter,
7voting procedures heretofore prescribed may be implemented by 2
8of the election judges of opposite party affiliation assigned
9to that polling place during the hours of voting on the day of
10the election. Judges of election shall be compensated not less
11than $25.00 for conducting absentee voting in such homes,
12hospitals, or facilities.
13    Not less than 120 days before each regular election, the
14Department of Public Health shall certify to the State Board of
15Elections a list of the facilities licensed or certified
16pursuant to the Nursing Home Care Act, the Specialized Mental
17Health Rehabilitation Act, or the ID/DD Community Care Act. The
18lists shall indicate the approved bed capacity and the name of
19the chief administrative officer of each such home, hospital,
20or facility, and the State Board of Elections shall certify the
21same to the appropriate election authority within 20 days
22thereafter.
23(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
24eff. 1-1-12; 97-275, eff. 1-1-12; revised 9-2-11.)
 
25    (10 ILCS 5/20-13)  (from Ch. 46, par. 20-13)

 

 

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1    Sec. 20-13. If otherwise qualified to vote, any person not
2covered by Sections 20-2, 20-2.1 or 20-2.2 of this Article who
3is not registered to vote and who is temporarily absent from
4his county of residence, may make special application to the
5election authority having jurisdiction over his precinct of
6permanent residence, not less than 7 5 days before a
7presidential election, for an absentee ballot to vote for the
8president and vice-president only. Such application shall be
9furnished by the election authority and shall be in
10substantially the following form:
11    SPECIAL ABSENTEE BALLOT APPLICATION (For use by
12non-registered Illinois residents temporarily absent from the
13county to vote for the president and vice-president only)
14
AFFIDAVIT
15    1. I hereby request an absentee ballot to vote for the
16president and vice-president only ......... (insert date of
17general election)
18    2. I am a citizen of the United States and a permanent
19resident of Illinois.
20    3. I have maintained, and still maintain, a permanent abode
21in Illinois for the past .......... years at: ..........
22(House) .......... (Number) .......... (Street) ..........
23(City) .......... (Village) .......... (Town)
24    4. I will not be able to regularly register in person as a
25voter because .................... (Give reason for temporary
26absence such as "Student", "Temporary job transfer", etc.)

 

 

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1    5. I was born .......... (Month) .......... (Day)
2.......... (Year) in .................... (State or County);
3    6. To be filled in only by a person who is foreign-born (If
4answer is "yes" in either a. or b. below, fill in appropriate
5information in c.):
6    a. One or both of my parents were United States citizens at
7the time of my birth?
8
(
   ) YES ( ) NO)
9    b. My United States citizenship was derived through an act
10of the Congress of the United States?
11
(
   ) YES ( ) NO
12    c. The name of the court issuing papers and the date
13thereof upon which my United States citizenship was derived is
14.................... located in .......... (City) ..........
15(State) on .......... (Month) .......... (Day) ..........
16(Year)
17    (For persons who derived citizenship through papers issued
18through a parent or spouse, fill in the following)
19    (1) My parents or spouse's name is:
20    ......... (First) .......... (Middle) .......... (Last)
21    (2) ........ (Month) .......... (Day) .......... (Year)
22    is the date of my marriage or my age at which time I
23derived my citizenship.
24    7. I am not registered as a voter in any other county in
25the State of Illinois or in any other State.
26    8. I am not requesting a ballot from any other place and am

 

 

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1not voting in any other manner in this election and I have not
2voted and do not intend to vote in this election at any other
3address. I request that you mail my ballot to the following
4address:
5    (Print name and complete mailing address)
6    .........................................
7    .........................................
8    .........................................
9    9. Under penalties as provided by law pursuant to Article
1029 of The Election Code, the undersigned certifies that the
11statements set forth in this application are true and correct.
12
......................
13
Signature of Applicant
14    The procedures set forth in Sections 20-4 through 20-12 of
15this Article, insofar as they may be made applicable, shall be
16applicable to absentee voting under this Section.
17(Source: P.A. 86-875.)
 
18    (10 ILCS 5/20-13.1)  (from Ch. 46, par. 20-13.1)
19    Sec. 20-13.1. Any person not covered by Sections 20-2,
2020-2.1 or 20-2.2 of this Article who is registered to vote but
21who is disqualified from voting because he moved outside his
22election precinct during the 30 days preceding a presidential
23election may make special application to the election authority
24having jurisdiction over his precinct of former residence by
25mail, not more than 30 nor less than 7 5 days before a Federal

 

 

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1election, or in person in the office of the election authority,
2not more than 30 nor less than 1 day before a Federal election,
3for an absentee ballot to vote for the president and
4vice-president only. Such application shall be furnished by the
5election authority and shall be in substantially the following
6form:
7
SPECIAL VOTER APPLICATION
8    (For use by registered Illinois voters disqualified for
9having moved outside their precinct on or after the 30th day
10preceding the election, to vote for president and
11vice-president only.)
12    1. I hereby request a ballot to vote for president and
13vice-president only on .......... (insert date of general
14election).
15    2. I am a citizen of the United States and my present
16address is: .................... (Residence Number) ..........
17(Street) .................... (City/Village/Township)
18.......... (County) .......... (State).
19    3. As of .......... (Month), .......... (Day), ..........
20(Year) I was a registered voter at .......... (Residence
21Number) .......... (Street) ....................
22(City/Village/Township).
23    4. I moved to my present address on .......... (Month)
24.......... (Day) .......... (Year).
25    5. I have not registered to vote from nor have I requested
26a ballot in any other election jurisdiction in this State or in

 

 

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1another State.
2    6. (If absentee request), I request that you mail the
3ballot to the following address:
4    Print name and complete mailing address.
5    ........................................
6    ........................................
7    ........................................
8    Under the penalties as provided by law pursuant to Article
929 of The Election Code, the undersigned certifies that the
10statements set forth in this application are true and correct.
11
........................
12
(Signature of Applicant)
13    7. Subscribed and sworn to before me on .......... (Month)
14.......... (Day) .......... (Year)
15
........................
16
(Signature of Official
17
Administering Oath)
18    The procedures set forth in Sections 20-4 through 20-12 of
19this Article, insofar as they may be made applicable, shall be
20applicable to absentee voting under this Section.
21(Source: P.A. 90-655, eff. 7-30-98.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.