State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0210

SB935 Enrolled                                 LRB9102926MWpr

    AN ACT to amend the Election  Code  by  changing  Section
19-2.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Election  Code  is  amended  by  changing
Section 19-2.1 as follows:

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

[ Top ]