(10 ILCS 5/19-5) (from Ch. 46, par. 19-5) Sec. 19-5. Folding and enclosure of ballots in unsealed envelope; address on envelope; certification; instructions for marking and returning ballots. It shall be the duty of the election authority to fold the
ballot or ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box, and to enclose such
ballot or ballots in an envelope unsealed to be furnished by the election authority, which
envelope shall bear upon the face thereof the name, official title and
post office address of the election authority, and upon the other side
a printed certification in substantially the
following form:
I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; and that I am lawfully entitled to cast a ballot.
I further state that I personally marked the enclosed ballot in secret.
Under penalties of perjury as provided by law pursuant to Section 29-10
of The Election Code, the undersigned certifies that the statements set
forth in this certification are true and correct.
.......................
If the ballot is to go to an elector who is physically incapacitated and needs assistance marking the ballot,
the envelope shall bear upon the back thereof a certification in
substantially the following form:
I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to cast a ballot; and that I am physically incapable of personally marking the ballot for this election.
I further state that I marked the enclosed ballot in secret with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
Under penalties of perjury as provided by law pursuant to Section 29-10
of The Election Code, the undersigned certifies that the statements set forth
in this certification are true and correct.
.......................
In the case of a voter with a physical
incapacity, marking a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate
whose name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate),
the voter's employer, an
agent of that employer, or an officer or agent of the voter's union, when
the voter's physical incapacity necessitates such assistance.
In the case of a physically incapacitated voter, marking a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate
whose name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the voter's
employer, an
agent of that employer, or an officer or agent of the voter's union, when
the voter's physical incapacity necessitates such assistance.
Provided, that if the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the political
party with which the voter is affiliated.
In addition to the above, the election authority shall provide
printed slips, or an electronic version thereof for voters voting by mail pursuant to Section 19-2.6, giving full instructions regarding the manner of marking
and returning the ballot in order that the same may be counted, and
shall furnish one of such printed slips or the electronic version thereof for voters voting by mail pursuant to Section 19-2.6 to each of such applicants at
the same time the ballot is delivered to him.
Such instructions shall include the following statement: "In signing the
certification on the vote by mail ballot envelope, you are attesting that you
personally marked this vote by mail ballot in secret. If you are physically
unable to mark the ballot, a friend or relative may assist you after
completing the enclosed affidavit. Federal and State laws prohibit a
candidate whose name appears on the ballot (unless you
are the spouse or a parent, child, brother, or sister of the candidate), your
employer, your employer's agent or an officer or agent of your union
from assisting voters with physical disabilities."
In addition to the above, if a ballot to be provided to an elector
pursuant to this Section contains a public question described in subsection
(b) of Section 28-6 and the territory concerning which the question is
to be submitted is not described on the ballot due to the space limitations
of such ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a description of the
territory in the manner required by Section 16-7. The notice shall be
furnished to the elector at the same time the ballot is delivered to the
elector.
Election authorities transmitting ballots by electronic transmission pursuant to Section 19-2.6 shall, to the greatest extent possible, provide those applicants with the same instructions, certifications, and other balloting materials required when sending ballots by mail. (Source: P.A. 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)
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(10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
Sec. 19-6.
Such vote by mail voter shall make and subscribe to the
certifications provided for in the application and on the return
envelope for the ballot, and such ballot or ballots shall be folded by
such voter in the manner required to be folded before depositing the
same in the ballot box, and be deposited in such envelope and the
envelope securely sealed. The voter shall then endorse his certificate
upon the back of the envelope and the envelope shall be mailed in person by
such voter, postage prepaid, to the election authority issuing the ballot or,
if more convenient, it may be delivered in person, by either the voter or
by any person authorized by the voter, or by a company
licensed as a motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law,
which is engaged in the business of making deliveries. Election authorities shall accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Election authorities may maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Any election authority with collection sites shall collect all ballots returned each day and process them as required by this Code, including noting the day on which the ballot was collected. Ballots returned to such collection sites after close of business shall be dated as delivered the next day, with the exception of ballots delivered on election day, which shall be dated as received on election day. Election authorities shall permit electors to return vote by mail ballots at any collection site it has established through the close of polls on election day. All collection sites shall be secured by locks that may be opened only by election authority personnel. The State Board of Elections shall establish additional guidelines for the security of collection sites.
It shall be unlawful for any person not the voter or a person authorized by the voter
to take the ballot and ballot envelope of a
voter for deposit into the mail unless the ballot has been issued pursuant to
application by a physically incapacitated elector under Section
3-3 or a hospitalized voter under Section 19-13, in which case any
employee or person under the direction of the facility in which the elector or
voter is located may deposit the ballot and ballot envelope into the mail. If the voter authorized a person to deliver the ballot to the election authority, the voter and the person authorized to deliver the ballot shall complete the authorization printed on the exterior envelope supplied by an election authority for the return of the vote by mail ballot. The exterior of the envelope supplied by an election authority for the return of the vote by mail ballot shall include an authorization in substantially the following form:
I ............ (voter) authorize ............... to take the necessary steps to have this ballot delivered promptly to the office of the election authority.
....................... ........................ Date Signature of voter
............................................... Printed Name of Authorized Delivery Agent
............................................... Signature of Authorized Delivery Agency
............................................... Date Delivered to the Election Authority
(Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.)
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(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
Sec. 19-7.
(a) Upon receipt of such vote by mail voter's ballot, the election
authority shall forthwith enclose the same unopened, together with the
application made by said vote by mail voter in a large or carrier envelope
which shall be securely sealed and endorsed with the name and official
title of such officer and the words, "This envelope contains a vote by mail ballot and must be opened on election day," together with the number and
description of the precinct in which said ballot is to be voted, and
such officer shall thereafter safely keep the same in his office until
counted by him as provided in the next section.
(b) Within one day after receipt of such vote by mail voter's ballot, the election authority shall transmit, by electronic means pursuant to a process established by the State Board of Elections, the voter's name, street address, e-mail address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees. (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
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(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. Time and place of counting ballots. (a) (Blank.) (b) Each vote by mail voter's ballot returned to an election authority, by any means authorized by this Article, and received by that election authority before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and may be processed by the election authority beginning on the day it is received by the election authority in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as provided in subsections (g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an election authority and postmarked no later than election day, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Each vote by mail voter's ballot that is mailed to an election authority absent a postmark or a barcode usable with an intelligent mail barcode tracking system, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt, opened to inspect the date inserted on the certification, and, if the certification date is election day or earlier and the ballot is otherwise found to be valid under the requirements of this Section, counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Absent a date on the certification, the ballot shall not be counted.
If an election authority is using an intelligent mail barcode tracking system, a ballot that is mailed to an election authority absent a postmark may be counted if the intelligent mail barcode tracking system verifies the envelope was mailed no later than election day. (d) Special write-in vote by mail voter's blank ballots returned to an election authority, by any means authorized by this Article, and received by the election authority at any time before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same period provided for counting vote by mail voters' ballots under subsections (b), (g), and (g-5). Special write-in vote by mail voter's blank ballots that are mailed to an election authority and postmarked no later than election day, but that are received by the election authority after the polls close on election day and before the closing of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same periods provided for counting vote by mail voters' ballots under subsection (c). (e) Except as otherwise provided in this Section, vote by mail voters' ballots and special write-in vote by mail voter's blank ballots received by the election authority after the closing of the polls on an
election day shall be endorsed by the election authority receiving them
with the day and hour of receipt and shall be safely kept unopened by the
election authority for the period of time required for the preservation of
ballots used at the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.
(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted
by a panel or panels of election judges appointed in the manner provided
by law. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and
18 of this Code shall apply to all ballots counted under
this Section. In addition, within 2 days after a vote by mail ballot is received, but in all cases before the close of the period for counting provisional ballots, the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot with the voter's signature on the application verified in accordance with Section 19-4 or the signature of the voter on file in the office of the election authority. If the election judge or official determines that the 2 signatures match, and that the vote by mail voter is otherwise qualified to cast a vote by mail ballot, the election authority shall cast and count the ballot on election day or the day the ballot is determined to be valid, whichever is later, adding the results to the precinct in which the voter is registered. If the election judge or official determines that the signatures do not match, or that the vote by mail voter is not qualified to cast a vote by mail ballot, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot. In addition to the voter's signatures not matching, a vote by mail ballot may be rejected by the election judge or official: (1) if the ballot envelope is open or has been opened | ||
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(2) if the voter has already cast an early or grace | ||
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(3) if the voter voted in person on election day or | ||
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(4) on any other basis set forth in this Code. If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.
(g-5) If a vote by mail ballot is rejected by the election judge or official for any reason, the election authority shall, within 2 days after the rejection but in all cases before the close of the period for counting provisional ballots, notify the vote by mail voter that his or her ballot was rejected. The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. The election authority shall appoint a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the vote by mail voter. No more than 2 election judges on the reviewing panel shall be of the same political party. The reviewing panel of election judges shall make a final determination as to the validity of the contested vote by mail ballot. The judges' determination shall not be reviewable either administratively or judicially. A vote by mail ballot subject to this subsection that is determined to be valid shall be counted before the close of the period for counting provisional ballots.
If a vote by mail ballot is rejected for any reason, the election authority shall, within one day after the rejection, transmit to the State Board of Elections by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be. If a rejected vote by mail ballot is determined to be valid, the election authority shall, within one day after the determination, remove the name of the voter from the list transmitted to the State Board of Elections. The State Board of Elections shall maintain the names and information in an electronic format on its website accessible to State and local political committees. Upon request by the State or local political committee, each election authority shall, within one day after the request, provide the following information about all rejected vote by mail ballots: voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be. (g-10) All vote by mail ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned.
(Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.)
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(10 ILCS 5/19-9)
Sec. 19-9. (Repealed).
(Source: P.A. 87-1052. Repealed by P.A. 94-1000, eff. 7-3-06.)
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(10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
Sec. 19-10. Pollwatchers may be appointed to observe early
voting procedures and view all reasonably requested records relating to the conduct of the election, provided the secrecy of the ballot is not impinged, at the office of the election authority as well as at
municipal, township or road district clerks' offices where such early
voting is conducted. Such pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except each
candidate, political party or organization of citizens may appoint only one
pollwatcher for each location where early voting is conducted.
Pollwatchers must be registered to vote in Illinois and possess valid
pollwatcher credentials.
Where vote by mail voters' ballots are processed or counted
in the office of the election authority as provided in Section 19-8 of this
Act, each political party, candidate and qualified civic organization shall
be entitled to have present one pollwatcher for each panel of election judges
therein assigned. Such pollwatchers shall be subject to the same provisions
as are provided for pollwatchers in Sections 7-34 and 17-23 of this Code,
and shall be permitted to observe the election judges making the signature
comparison as provided in Section 19-8.
(Source: P.A. 102-1126, eff. 2-10-23.)
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(10 ILCS 5/19-11) (from Ch. 46, par. 19-11)
Sec. 19-11.
Whenever it shall be made to appear by due proof to the judges
of election that any elector who has marked and forwarded his ballot as
provided in this article has died prior to the opening of the polls on the
date of the election, then the ballot of such deceased voter shall be
returned by the judges of election in the same manner as provided for
rejected ballots above; but the casting of the ballot of a deceased voter
shall not invalidate the election.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/19-12) (from Ch. 46, par. 19-12)
Sec. 19-12.
In all jurisdictions in which
voting machines are used, all the provisions of this Act and not
inconsistent with the provisions of this article relating to the
furnishing of ballot boxes, printing and furnishing official ballots and
supplies in such number as provided by law, the canvassing of the
ballots and making the proper return of the result of the election,
shall, to the extent necessary to make this article effective, apply
with full force and effect; Provided, however, that the number of
ballots to be printed shall be in the discretion of the respective election authority.
(Source: P.A. 80-1469.)
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(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
Sec. 19-12.1.
Any qualified elector who has secured an Illinois
Person with a Disability Identification Card in accordance with the Illinois
Identification Card Act, indicating that the person named thereon has a Class
1A or Class 2 disability or any qualified voter who has a permanent physical
incapacity of such a nature as to make it improbable that he will be
able to be present at the polls at any future election, or any
voter who is a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act and has a condition or disability of
such a nature as to make it improbable that he will be able to be present
at the polls at any future election, may secure a voter's identification card for persons with disabilities or a
nursing home resident's identification card, which will enable him to vote
under this Article as a physically incapacitated or nursing home voter. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center.
Application for a voter's identification card for persons with disabilities or a nursing home resident's
identification card shall be made either: (a) in writing, with voter's
sworn affidavit, to the county clerk or board of election commissioners, as
the case may be, and shall be accompanied
by the affidavit of the attending physician, advanced practice registered nurse, or a physician assistant specifically describing the
nature of the physical incapacity or the fact that the voter is a nursing
home resident and is physically unable to be present at the polls on election
days; or (b) by presenting, in writing or otherwise, to the county clerk
or board of election commissioners, as the case may be, proof that the
applicant has secured an Illinois Person with a Disability Identification Card
indicating that the person named thereon has a Class 1A or Class 2 disability.
Upon the receipt of either the sworn-to
application and the physician's, advanced practice registered nurse's, or a physician assistant's affidavit or proof that the applicant has
secured an Illinois Person with a Disability Identification Card indicating that the
person named thereon has a Class 1A or Class 2 disability, the county clerk
or board of election commissioners shall issue a voter's identification card for persons with disabilities or a
nursing home resident's identification
card. Such identification cards shall be issued for a
period of 5 years, upon the expiration of which time the voter may
secure a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by a new
affidavit of the attending physician, advanced practice registered nurse, or a physician assistant. The date of expiration of such
five-year period shall be made known to any interested person by the
election authority upon the request of such person. Applications for the
renewal of the identification cards shall be mailed to the voters holding
such cards not less than 3 months prior to the date of expiration of the cards.
Each voter's identification card for persons with disabilities or nursing home resident's identification card
shall bear an identification number, which shall be clearly noted on the voter's
original and duplicate registration record cards. In the event the
holder becomes physically capable of resuming normal voting, he must
surrender his voter's identification card for persons with disabilities or nursing home resident's identification
card to the county clerk or board of election commissioners before the next election.
The holder of a voter's identification card for persons with disabilities or a nursing home resident's
identification card may make application by mail for an official ballot
within the time prescribed by Section 19-2. Such application shall contain
the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it shall
also include the applicant's voter's identification card for persons with disabilities card number
and except that it need not be sworn to. If an examination of the records
discloses that the applicant is lawfully entitled to vote, he shall be
mailed a ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for voters with physical disabilities, and the manner of voting and returning the ballot shall be the
same as that provided in this Article for other vote by mail ballots, except
that a statement to be subscribed to by the voter but which need not be
sworn to shall be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a Class A
misdemeanor.
For the purposes of this Section, "nursing home resident" includes a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center. (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff. 1-1-17; 99-642, eff. 6-28-16; 100-513, eff. 1-1-18 .)
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(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) Sec. 19-12.2. Voting by physically incapacitated electors who have made proper application to the election authority not later than 5 days before the regular primary and general election of 1980 and before each election thereafter shall be conducted either through the vote by mail procedures as detailed in this Article or on the premises of (i) federally operated veterans' homes, hospitals, and facilities located in Illinois or (ii) facilities licensed or certified pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act for the sole benefit of residents of such homes, hospitals, and facilities. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center. Such voting shall be conducted during any continuous period sufficient to allow all applicants to cast their ballots between the hours of 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or Monday immediately preceding the regular election. This vote by mail voting on one of said days designated by the election authority shall be supervised by two election judges who must be selected by the election authority in the following order of priority: (1) from the panel of judges appointed for the precinct in which such home, hospital, or facility is located, or from a panel of judges appointed for any other precinct within the jurisdiction of the election authority in the same ward or township, as the case may be, in which the home, hospital, or facility is located or, only in the case where a judge or judges from the precinct, township or ward are unavailable to serve, (3) from a panel of judges appointed for any other precinct within the jurisdiction of the election authority. The two judges shall be from different political parties. Not less than 30 days before each regular election, the election authority shall have arranged with the chief administrative officer of each home, hospital, or facility in his or its election jurisdiction a mutually convenient time period on the Friday, Saturday, Sunday or Monday immediately preceding the election for such voting on the premises of the home, hospital, or facility and shall post in a prominent place in his or its office a notice of the agreed day and time period for conducting such voting at each home, hospital, or facility; provided that the election authority shall not later than noon on the Thursday before the election also post the names and addresses of those homes, hospitals, and facilities from which no applications were received and in which no supervised vote by mail voting will be conducted. All provisions of this Code applicable to pollwatchers shall be applicable herein. To the maximum extent feasible, voting booths or screens shall be provided to insure the privacy of the voter. Voting procedures shall be as described in Article 17 of this Code, except that ballots shall be treated as vote by mail ballots and shall not be counted until the close of the polls on the following day. After the last voter has concluded voting, the judges shall seal the ballots in an envelope and affix their signatures across the flap of the envelope. Immediately thereafter, the judges shall bring the sealed envelope to the office of the election authority who shall deliver such ballots to the election authority's central ballot counting location prior to the closing of the polls on the day of election. The judges of election shall also report to the election authority the name of any applicant in the home, hospital, or facility who, due to unforeseen circumstance or condition or because of a religious holiday, was unable to vote. In this event, the election authority may appoint a qualified person from his or its staff to deliver the ballot to such applicant on the day of election. This staff person shall follow the same procedures prescribed for judges conducting vote by mail voting in such homes, hospitals, or facilities and shall return the ballot to the central ballot counting location before the polls close. However, if the home, hospital, or facility from which the application was made is also used as a regular precinct polling place for that voter, voting procedures heretofore prescribed may be implemented by 2 of the election judges of opposite party affiliation assigned to that polling place during the hours of voting on the day of the election. Judges of election shall be compensated not less than $25.00 for conducting vote by mail voting in such homes, hospitals, or facilities. Not less than 120 days before each regular election, the Department of Public Health shall certify to the State Board of Elections a list of the facilities licensed or certified pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act. The lists shall indicate the approved bed capacity and the name of the chief administrative officer of each such home, hospital, or facility, and the State Board of Elections shall certify the same to the appropriate election authority within 20 days thereafter. (Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/19-12.3)
Sec. 19-12.3. (Repealed).
(Source: P.A. 84-917. Repealed by P.A. 96-1003, eff. 7-6-10.)
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(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
Sec. 19-13. Any qualified voter who has been admitted to a hospital, nursing home, or rehabilitation center
due to an illness or physical injury not more than 14 days before an election
shall be entitled to personal delivery of a vote by mail ballot in the hospital, nursing home, or rehabilitation center
subject to the following conditions:
(1) The voter completes the Application for Physically Incapacitated
Elector as provided in Section 19-3, stating as reasons therein that he is
a patient in ............... (name of hospital/home/center), ............... located
at, ............... (address of hospital/home/center), ............... (county,
city/village), was admitted for ............... (nature of illness or
physical injury), on ............... (date of admission), and does not
expect to be released from the hospital/home/center on or before the day of election or, if released, is expected to be homebound on the day of the election and unable to travel to the polling place.
(2) The voter's physician, advanced practice registered nurse, or physician assistant completes a Certificate of Attending Health Care Professional
in a form substantially as follows:
CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL
I state that I am a physician, advanced practice registered nurse, or physician assistant, duly licensed to practice in the State of
.........; that .......... is a patient in .......... (name of hospital/home/center),
located at ............. (address of hospital/home/center), ................. (county,
city/village); that such individual was admitted for ............. (nature
of illness or physical injury), on ............ (date of admission); and
that I have examined such individual in the State in which I am licensed
to practice and do not expect such individual to be released from
the hospital/home/center on or before the day of election or, if released, to be able to travel to the polling place on election day.
Under penalties as provided by law pursuant to Section 29-10 of The Election
Code, the undersigned certifies that the statements set forth in this
certification are true and correct.
(Signature) ...............
(Date licensed) ............
(3) Any person who is registered to vote in the same precinct as the admitted voter or any legal relative of the admitted voter may
present such voter's vote by mail ballot application, completed as prescribed
in paragraph 1, accompanied by the physician's, advanced practice registered nurse's, or a physician assistant's certificate, completed as
prescribed in paragraph 2, to the election authority.
Such precinct voter or relative shall execute and sign an affidavit furnished
by the election authority attesting that he is a registered voter in the
same precinct as the admitted voter or that he is a legal relative of
the admitted voter and stating the nature of the
relationship. Such precinct voter or relative shall further attest that
he has been authorized by the admitted voter to obtain his or her vote by mail ballot
from the election authority and deliver such ballot to him in the hospital, home, or center.
Upon receipt of the admitted voter's application, physician's, advanced practice registered nurse's, or a physician assistant's
certificate, and the affidavit of the precinct voter or the relative, the
election authority shall examine the registration records to determine if
the applicant is qualified to vote and, if found to be qualified, shall
provide the precinct voter or the relative the vote by mail ballot for delivery
to the applicant.
Upon receipt of the vote by mail ballot, the admitted voter shall mark the
ballot in secret and subscribe to the certifications on the vote by mail ballot
return envelope. After depositing the ballot in the return envelope and
securely sealing the envelope, such voter shall give the envelope to the
precinct voter or the relative who shall deliver it to the election authority
in sufficient time for the ballot to be delivered by the election authority
to the election authority's central ballot counting location
before 7 p.m. on election day.
Upon receipt of the admitted voter's vote by mail ballot,
the ballot shall be counted in the manner prescribed in this Article.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18 .)
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(10 ILCS 5/19-14) (from Ch. 46, par. 19-14)
Sec. 19-14.
The foregoing sections of this article shall be deemed to
provide a method of voting in addition to the method otherwise provided in
this Act.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/19-15)
Sec. 19-15. Precinct tabulation optical scan technology
voting equipment. If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 19, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents, provided that vote by mail ballots are counted at the election authority's central ballot counting location. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment, at the central ballot counting location, authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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(10 ILCS 5/19-20) Sec. 19-20. Report on vote by mail ballots. This Section applies to vote by mail ballots. On or before the 21st day after an election, each election authority shall transmit to the State Board of Elections the following information with respect to that election: (1) The number, by precinct, of vote by mail ballots | ||
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(2) The number of rejected vote by mail ballots. (3) The number of voters seeking review of rejected | ||
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(4) The number of vote by mail ballots counted | ||
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On or before the 28th day after an election, the State Board of Elections shall compile the information received under this Section with respect to that election and make that information available to the public.
(Source: P.A. 98-1171, eff. 6-1-15 .) |
(10 ILCS 5/Art. 19A heading)
ARTICLE 19A. EARLY VOTING BY PERSONAL APPEARANCE
(Source: P.A. 94-645, eff. 8-22-05.) |
(10 ILCS 5/19A-5)
Sec. 19A-5. Issuance of ballots; voting booths.
(a) If a request is made to vote early by a registered voter in person, the
election
authority shall issue a ballot for early voting to the voter. The ballot must
be voted on the
premises of the election authority, except as otherwise provided in this Article, and returned to the election authority.
(b) On the dates for early voting prescribed in Section 19A-15, each
election authority shall provide voting booths, with suitable equipment for
voting, on the premises of the election authority and any other early voting polling place for use by registered voters
who are issued ballots for early voting in accordance with this Article.
(c) The election authority must maintain a list for each election of the
voters to whom it has issued early ballots. The list must be maintained for
each precinct within the election authority's jurisdiction. Before the opening
of the polls on election day, the
election authority shall deliver to the judges of election in each precinct the
list of registered voters who have voted by early ballot.
(Source: P.A. 94-645, eff. 8-22-05.) |
(10 ILCS 5/19A-10)
Sec. 19A-10. Permanent polling places for early voting.
(a) An election authority may establish permanent polling places for early
voting by personal appearance at locations throughout the election authority's
jurisdiction, including but not limited to a municipal clerk's office, a township clerk's office, a road district clerk's office, or a county or local public agency office. Any person
entitled to vote early by personal appearance may do so at any polling place
established for early voting.
(b) (Blank).
(c) During each general primary and general election, each election authority in a county with a population over 250,000 shall establish at least one permanent polling place for early voting by personal appearance at a location within each of the 3 largest municipalities within its jurisdiction. If any of the 3 largest municipalities is over 80,000, the election authority shall establish at least 2 permanent polling places within the municipality. All population figures shall be determined by the federal census.
(d) During each general primary and general election, each board of election commissioners established under Article 6 of this Code in any city, village, or incorporated town with a population over 100,000 shall establish at least 2 permanent polling places for early voting by personal appearance. All population figures shall be determined by the federal census. (e) During each general primary and general election, each election authority in a county with a population of over 100,000 but under 250,000 persons shall establish at least one permanent polling place for early voting by personal appearance. The location for early voting may be the election authority's main office or another location designated by the election authority. The election authority may designate additional sites for early voting by personal appearance. All population figures shall be determined by the federal census.
(f) No permanent polling place required by this Section shall be located within 1.5 miles from another permanent polling place required by this Section, unless such permanent polling place is within a municipality with a population of 500,000 or more. (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .) |
(10 ILCS 5/19A-10.5) Sec. 19A-10.5. Child sex offenders. If an election authority designates one or more permanent early voting polling places under this Article, the election authority must designate at least one permanent early voting polling place that a qualified elector who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012 may enter without violating Section 11-9.3 of that Code. If an election authority designates one or more temporary early voting polling places under this Article, the election authority must designate at least one temporary early voting polling place that a qualified elector who is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012 may enter without violating Section 11-9.3 of that Code.
(Source: P.A. 97-1150, eff. 1-25-13.) |
(10 ILCS 5/19A-15)
Sec. 19A-15. Period for early voting; hours.
(a) Except as otherwise provided in this Code, the period for early voting by personal appearance begins the 40th day preceding a general primary, consolidated primary, consolidated, or
general election and extends through the end of the day before election day.
(b) Except as otherwise provided by this Section, a permanent polling place for early voting must remain open beginning the 15th day before an election through the end of the day before election day during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that beginning 8 days before election day, a permanent polling place for early voting must remain open during the hours of 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
9:00 a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. on Sundays; except that, in addition to the hours required by this subsection, a permanent polling place designated by an election authority under subsections (c), (d), and (e) of Section 19A-10 must remain open for a total of at least 8 hours on any holiday during the early voting period and a total of at least 14 hours on the final weekend during the early voting period.
(c) Notwithstanding subsection (b), an election authority may close an early voting polling place if the building in which the polling place is located has been closed by the State or unit of local government in response to a severe weather emergency or other force majeure. The election authority shall notify the State Board of Elections of any closure and shall make reasonable efforts to provide notice to the public of an alternative location for early voting. (d) (Blank). (Source: P.A. 102-15, eff. 6-17-21.) |
(10 ILCS 5/19A-20)
Sec. 19A-20. Temporary branch polling places.
(a) In addition to permanent polling places for early voting, the election
authority may establish temporary branch polling places for early voting.
(b) The provisions of subsection (b) of Section 19A-15 do not apply to a
temporary polling place. Voting at a temporary branch polling place may be
conducted on any one or more days and during any hours within the period for
early voting by personal appearance that are determined by the election
authority.
(c) The schedules for conducting voting do not need to be uniform among the
temporary branch polling places.
(d) The legal rights and remedies which inure to the owner or lessor of
private property are not impaired or otherwise affected by the leasing of the
property for use as a temporary branch polling place for early voting, except
to the extent necessary to conduct early voting at that location.
(e) In a county with a population of: (1) 3,000,000 or more, the election authority in the | ||
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(2) less than 3,000,000, the sheriff may establish a | ||
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All provisions of this Code applicable to pollwatchers shall apply to a temporary branch polling place under this subsection (e), subject to approval from the election authority and the county jail, except that nonpartisan pollwatchers shall be limited to one per division within the jail instead of one per precinct. A county that establishes a temporary branch polling place inside a county jail in accordance with this subsection (e) shall adhere to all requirements of this subsection (e). All requirements of the federal Voting Rights Act of 1965 and Sections 203 and 208 of the federal Americans with Disabilities Act shall apply to this subsection (e). (Source: P.A. 101-442, eff. 1-1-20; 102-15, eff. 6-17-21.) |
(10 ILCS 5/19A-21) Sec. 19A-21. Use of local public buildings for early voting polling places. Upon request by an election authority, a unit of local government (as defined in Section 1 of Article VII of the Illinois Constitution, which does not include school districts) shall make the unit's public buildings within the election authority's jurisdiction available as permanent or temporary early voting polling places without charge. Availability of a building shall include reasonably necessary time before and after the period early voting is conducted at that building. However, if upon receiving the election authority's request, a park district organized under the Park District Code demonstrates to the election authority that the use of a specific room as an early voting polling place would interfere with scheduled programming, the election authority and the park district shall work cooperatively to find an alternative room at the same location to serve as an early voting polling place. If the park district and the election authority are unable to identify a mutually agreeable alternative location at the park district, the park district and election authority shall prepare documentation explaining the difficulties for their respective entities to the Board of County Commissioners who shall determine which room shall be used as an early voting polling place as soon as practicable to avoid delays in determining an early voting polling place. A unit of local government making its public building available as a permanent or temporary early voting polling place shall ensure that any portion of the building made available is accessible to voters with disabilities and elderly voters. (Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/19A-25)
Sec. 19A-25. Schedule of locations and times for early voting.
(a) The election authority shall publish during the week before the period
for early voting and at least once each week during the period for early voting
in a newspaper of general circulation in the election authority's jurisdiction
a schedule stating:
(1) the location of each permanent and temporary | ||
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(2) the dates and hours that early voting will be | ||
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(b) The election authority shall post a copy of the schedule at any office
or other location that is to be used as a polling place for early voting. The
schedule must be posted continuously for a period beginning not later than the 10th
day before the first day of the
period for early voting by personal appearance and ending on the last day of
that period.
(c) The election authority must make copies of the schedule available to the
public in reasonable quantities without charge during the period of posting.
(d) If the election authority maintains a website, it shall make the schedule available on its website.
(e) No additional permanent polling places for early voting may be established after
the schedule is published under this Section. Additional temporary locations may be established after the schedule is published, provided that the location is open to all eligible voters. The location, dates, and hours shall be reported to the State Board of Elections and posted on the election authority's website.
(f) At least 10 days before the period for early voting begins, each election authority shall provide the State Board of Elections with a list of all early voting sites and the hours each site will be open. (Source: P.A. 98-1171, eff. 6-1-15 .) |