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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/19-12.1
(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
(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 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. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; 99-180, eff. 7-29-15.)
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10 ILCS 5/19-12.3
(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
(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
(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
(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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