Full Text of HB0114 94th General Assembly
HB0114sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 5/3/2005
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| AMENDMENT TO HOUSE BILL 114
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| AMENDMENT NO. ______. Amend House Bill 114 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 1A-8, 3-5, 19-1,
19-2, and 19-5 as follows:
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| (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
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| Sec. 1A-8. The State Board of Elections shall exercise the | 8 |
| following
powers and perform the following duties in addition | 9 |
| to any powers or duties
otherwise provided for by law:
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| (1) Assume all duties and responsibilities of the State | 11 |
| Electoral Board
and the Secretary of State as heretofore | 12 |
| provided in this Act;
| 13 |
| (2) Disseminate information to and consult with | 14 |
| election authorities
concerning the conduct of elections | 15 |
| and registration in accordance with the
laws of this State | 16 |
| and the laws of the United States;
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| (3) Furnish to each election authority prior to each | 18 |
| primary and general
election and any other election it | 19 |
| deems necessary, a manual of uniform
instructions | 20 |
| consistent with the provisions of this Act which shall be | 21 |
| used
by election authorities in the preparation of the | 22 |
| official manual of
instruction to be used by the judges of | 23 |
| election in any such election. In
preparing such manual, | 24 |
| the State Board shall consult with representatives
of the |
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| election authorities throughout the State. The State Board | 2 |
| may
provide separate portions of the uniform instructions | 3 |
| applicable to
different election jurisdictions which | 4 |
| administer elections under different
options provided by | 5 |
| law. The State Board may by regulation require
particular | 6 |
| portions of the uniform instructions to be included in any
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| official manual of instructions published by election | 8 |
| authorities. Any
manual of instructions published by any | 9 |
| election authority shall be
identical with the manual of | 10 |
| uniform instructions issued by the Board, but
may be | 11 |
| adapted by the election authority to accommodate special or | 12 |
| unusual
local election problems, provided that all manuals | 13 |
| published by election
authorities must be consistent with | 14 |
| the provisions of this Act in all
respects and must receive | 15 |
| the approval of the State Board of Elections
prior to | 16 |
| publication; provided further that if the State Board does | 17 |
| not
approve or disapprove of a proposed manual within 60 | 18 |
| days of its
submission, the manual shall be deemed | 19 |
| approved.
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| (4) Prescribe and require the use of such uniform | 21 |
| forms, notices, and
other supplies not inconsistent with | 22 |
| the provisions of this Act as it shall
deem advisable which | 23 |
| shall be used by election authorities in the conduct
of | 24 |
| elections and registrations;
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| (5) Prepare and certify the form of ballot for any | 26 |
| proposed amendment to
the Constitution of the State of | 27 |
| Illinois, or any referendum to be
submitted to the electors | 28 |
| throughout the State or, when required to do so
by law, to | 29 |
| the voters of any area or unit of local government of the | 30 |
| State;
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| (6) Require such statistical reports regarding the | 32 |
| conduct of elections
and registration from election | 33 |
| authorities as may be deemed necessary;
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| (7) Review and inspect procedures and records relating |
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| to conduct of
elections and registration as may be deemed | 2 |
| necessary, and to report
violations of election laws to the | 3 |
| appropriate State's Attorney;
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| (8) Recommend to the General Assembly legislation to | 5 |
| improve the
administration of elections and registration;
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| (9) Adopt, amend or rescind rules and regulations in | 7 |
| the performance of
its duties provided that all such rules | 8 |
| and regulations must be consistent
with the provisions of | 9 |
| this Article 1A or issued pursuant to authority
otherwise | 10 |
| provided by law;
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| (10) Determine the validity and sufficiency of | 12 |
| petitions filed under
Article XIV, Section 3, of the | 13 |
| Constitution of the State of Illinois of 1970;
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| (11) Maintain in its principal office a research | 15 |
| library that includes,
but is not limited to, abstracts of | 16 |
| votes by precinct for general primary
elections and general | 17 |
| elections, current precinct maps and current precinct
poll | 18 |
| lists from all election jurisdictions within the State. The | 19 |
| research
library shall be open to the public during regular | 20 |
| business hours. Such
abstracts, maps and lists shall be | 21 |
| preserved as permanent records and shall
be available for | 22 |
| examination and copying at a reasonable cost;
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| (12) Supervise the administration of the registration | 24 |
| and election laws
throughout the State;
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| (13) Obtain from the Department of Central Management | 26 |
| Services,
under Section 405-250 of the Department of | 27 |
| Central Management
Services Law (20 ILCS 405/405-250),
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| such use
of electronic data processing equipment as may be | 29 |
| required to perform the
duties of the State Board of | 30 |
| Elections and to provide election-related
information to | 31 |
| candidates, public and party officials, interested civic
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| organizations and the general public in a timely and | 33 |
| efficient manner; and
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| (14) To take such action as may be necessary or |
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| required to give
effect to directions of the national | 2 |
| committee or State central committee of an established
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| political party under Sections 7-8, 7-11 and 7-14.1 or such | 4 |
| other
provisions as may be applicable pertaining to the | 5 |
| selection of delegates
and alternate delegates to an | 6 |
| established political party's national
nominating | 7 |
| conventions or, notwithstanding any candidate | 8 |
| certification
schedule contained within the Election Code, | 9 |
| the certification of the
Presidential and Vice
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| Presidential candidate selected by the established party's | 11 |
| national nominating
convention in 2004.
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| (15) After the petition challenge period the State | 13 |
| Board shall block and seal the addresses of all judicial | 14 |
| candidates. The addresses shall be unsealed upon a court | 15 |
| order.
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| The Board may by regulation delegate any of its duties or
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| functions under this Article, except that final determinations | 18 |
| and orders
under this Article shall be issued only by the | 19 |
| Board.
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| The requirement for reporting to the General Assembly shall | 21 |
| be satisfied
by filing copies of the report with the Speaker, | 22 |
| the Minority Leader and
the Clerk of the House of | 23 |
| Representatives and the President, the Minority
Leader and the | 24 |
| Secretary of the Senate and the Legislative Research
Unit, as | 25 |
| required by Section 3.1 of "An Act to revise the law in | 26 |
| relation
to the General Assembly", approved February 25, 1874, | 27 |
| as amended, and
filing such additional copies with the State | 28 |
| Government Report Distribution
Center for the General Assembly | 29 |
| as is required under paragraph (t) of
Section 7 of the State | 30 |
| Library Act.
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| (Source: P.A. 93-686, eff. 7-8-04.)
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| (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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| Sec. 3-5. No person who has been legally convicted, in this
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| or another State or in any federal court, of any crime, and
is | 2 |
| serving a sentence of confinement in any penal institution,
or | 3 |
| who has been convicted under any section of this Act and is
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| serving a sentence of confinement in any penal institution,
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| shall vote, offer to vote, attempt to vote or be permitted
to | 6 |
| vote at any election until his release from confinement.
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| Confinement for purposes of this Section shall include any
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| person convicted and imprisoned but granted a furlough as
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| provided by Section 3-11-1 of the "Unified Code of | 10 |
| Corrections",
or admitted to a work release program as provided | 11 |
| by Section
3-13-2 of the "Unified Code of Corrections". | 12 |
| Confinement shall
not include any person convicted and | 13 |
| imprisoned but released on parole.
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| Confinement or detention in a jail or prison pending | 15 |
| acquittal or
conviction of a crime is not a disqualification | 16 |
| for voting.
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| (Source: P.A. 80-699.)
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| (10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
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| Sec. 19-1. Any qualified elector of the State of Illinois | 20 |
| having
duly registered where such registration is required who | 21 |
| expects to be
absent from the county in which he is a qualified | 22 |
| elector or who because
of being appointed a judge of election | 23 |
| in a precinct other than the
precinct in which he resides or | 24 |
| who because of physical incapacity or
the tenets of his | 25 |
| religion in the observance of a religious holiday or
who | 26 |
| because of election duties for the office of an Election | 27 |
| Authority
or the State Board of Elections or who because of | 28 |
| election duties for a
law enforcement agency, including but not | 29 |
| limited to the offices of the
Attorney General, a State's | 30 |
| Attorney, a United States Attorney, or a
State, county, or | 31 |
| municipal police department, or who, because he is
temporarily | 32 |
| abiding outside the precinct in which he is registered to vote
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| due to the fact he is a student attending an institution of |
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| higher
education or who is serving as a sequestered juror on a | 2 |
| State or federal jury,
or who because of his or her confinement | 3 |
| or
detention in a jail or prison pending acquittal or | 4 |
| conviction of a crime,
will be unable to be present at
the | 5 |
| polls on the day of holding any special, general or
primary | 6 |
| election at which any presidential preference is indicated or
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| any candidates are chosen or elected, for any congressional, | 8 |
| State,
district, county, town, city, village, precinct or | 9 |
| judicial offices or
at which questions of public policy are | 10 |
| submitted, may vote at such
election as hereinafter in this | 11 |
| Article provided.
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| Each Election Authority, law enforcement agency, and the | 13 |
| State Board
of Elections shall compile and keep current a list | 14 |
| of his or its
officers or employees who are eligible to vote | 15 |
| under this Article by
reason of election duties.
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| For purposes of this Article 19, a physically incapacitated | 17 |
| voter marks
his or her ballot "personally" when the voter | 18 |
| exercises his or her physical
abilities to their reasonable | 19 |
| limit in marking the ballot, and marking
personally may include | 20 |
| instructing the person assisting the incapacitated
voter when | 21 |
| giving such instruction represents the reasonable limit of the
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| physical abilities.
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| (Source: P.A. 86-873; 86-875; 86-1028.)
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| (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
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| Sec. 19-2. Any elector as defined in Section 19-1 expecting | 26 |
| to be
absent from the county of his residence or any such | 27 |
| elector who because
of being appointed a judge of election in a | 28 |
| precinct other than the
precinct in which he resides or who | 29 |
| because of physical incapacity or
the tenets of his religion in | 30 |
| the observance of a religious holiday or
who because of | 31 |
| election duties for the office of an Election Authority,
the | 32 |
| State Board of Elections, or a law enforcement
agency , or who | 33 |
| because of his or her confinement or
detention in a jail or |
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| prison pending acquittal or conviction of a crime,
will be | 2 |
| unable to be present at the polls on the day of such
election | 3 |
| may by mail, not more than 40 nor less than 5 days prior to the
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| date of such election, or by personal delivery not more than 40 | 5 |
| nor less
than one day prior to the date of such election, make | 6 |
| application to the
county clerk or to the Board of Election | 7 |
| Commissioners for an official
ballot for the voter's precinct | 8 |
| to be voted at such election.
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| (Source: P.A. 84-808.)
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| (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
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| Sec. 19-5. It shall be the duty of the election authority | 12 |
| to fold the
ballot or ballots in the manner specified by the | 13 |
| statute for folding
ballots prior to their deposit in the | 14 |
| ballot box, and to enclose such
ballot or ballots in an | 15 |
| envelope unsealed to be furnished by him, which
envelope shall | 16 |
| bear upon the face thereof the name, official title and
post | 17 |
| office address of the election authority, and upon the other | 18 |
| side
if the ballot is to go to an elector who is to be out of | 19 |
| the county on
the day of the election a printed certification | 20 |
| in substantially the
following form:
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| I state that I am a resident of the .... precinct of the | 22 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 23 |
| the city of
.... residing at .... in such city or town in the | 24 |
| county of .... and
State of Illinois, that I have lived at such | 25 |
| address for .... months
last past; that I am lawfully entitled | 26 |
| to vote in such precinct at the
.... election to be held on | 27 |
| ....; and I expect to be absent from the
county of my residence | 28 |
| on the date of such election.
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| *fill in either (1), (2) or (3).
| 30 |
| I further state that I personally marked the enclosed | 31 |
| ballot in secret.
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| Under penalties of perjury as provided by law pursuant to | 33 |
| Section 29-10
of The Election Code, the undersigned certifies |
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| that the statements set
forth in this certification are true | 2 |
| and correct.
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| .......................
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| If the ballot is to go to an elector who is physically | 5 |
| incapacitated
the envelope shall bear upon the back thereof a | 6 |
| certification in
substantially the following form:
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| I state that I am a resident of the .... precinct of the | 8 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 9 |
| the city of
.... residing at .... in such city or town in the | 10 |
| county of .... and
State of Illinois, that I have lived at such | 11 |
| address for .... months
last past; that I am lawfully entitled | 12 |
| to vote in such precinct at the
.... election to be held on | 13 |
| ....; that I shall be physically incapable
of being present at | 14 |
| the polls of such precinct on the date of holding
such | 15 |
| election.
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| *fill in either (1), (2) or (3).
| 17 |
| I further state that I personally marked the enclosed | 18 |
| ballot in secret.
If I received assistance in casting my | 19 |
| ballot, I further attest that, due
to physical incapacity, I | 20 |
| marked the enclosed
ballot in secret with the assistance of
| 21 |
| .................................
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| (Individual rendering assistance)
| 23 |
| .................................
| 24 |
| (Residence Address)
| 25 |
| Under penalties of perjury as provided by law pursuant to | 26 |
| Section 29-10
of The Election Code, the undersigned certifies | 27 |
| that the statements set forth
in this certification are true | 28 |
| and correct.
| 29 |
| .......................
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| In the case of a voter who is voting absentee by reason of | 31 |
| physical
incapacity, marking a ballot in secret includes | 32 |
| marking a ballot with the
assistance of another individual, | 33 |
| other than a candidate
whose name appears on the ballot (unless | 34 |
| the voter is the spouse or a
parent, child, brother, or sister |
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| of the candidate),
the voter's employer, an
agent of that | 2 |
| employer or an officer or agent of the voter's union, when
the | 3 |
| voter's physical incapacity necessitates such assistance.
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| If the ballot is to go to an elector who is unable to be | 5 |
| present at
the polls on the date of the election because of the | 6 |
| observance of a
religious holiday, the envelope shall bear upon | 7 |
| the back thereof a
certification in substantially the following | 8 |
| form:
| 9 |
| I state that I am a resident of the .... precinct of the | 10 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 11 |
| the city of
.... residing at .... in said city or town in the | 12 |
| county of .... and
State of Illinois, that I have lived at such | 13 |
| address for .... months
last past; that I am lawfully entitled | 14 |
| to vote in such precinct at the
.... election to be held on | 15 |
| ....; that I shall be unable to be present
at the polls of such | 16 |
| precinct on the date of holding such election
because of the | 17 |
| tenets of my religion in the observance of a religious
holiday.
| 18 |
| *fill in either (1), (2) or (3).
| 19 |
| I further state that I personally marked the enclosed | 20 |
| ballot in secret.
| 21 |
| Under penalties of perjury as provided by law pursuant to | 22 |
| Section 29-10
of The Election Code, the undersigned certifies | 23 |
| that the statements set
forth in this certification are true | 24 |
| and correct.
| 25 |
| ......................
| 26 |
| If the ballot is to go to an elector who is unable to be | 27 |
| present at the
polls on the date of the election because he or | 28 |
| she is confined or detained in
jail or prison pending acquittal | 29 |
| or conviction of a crime, the envelope shall
bear upon the back | 30 |
| thereof a certification in substantially the following form:
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| I state that I am a resident of the .... precinct of the | 32 |
| (1) *township of
.... (2) *City of.... or (3) *.... ward in the | 33 |
| city of .... residing at .... in
that city or town in the | 34 |
| county of .... and State of Illinois, that I have
lived at such |
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| address for .... months last past; that I am lawfully entitled | 2 |
| to
vote in such precinct at the .... election to be held on | 3 |
| ....; that I shall be
unable to be present at the polls of such | 4 |
| precinct on the date of holding such
election because of my | 5 |
| confinement or detention in jail or prison pending
acquittal or | 6 |
| conviction of a crime.
| 7 |
| *fill in either (1), (2) or (3).
| 8 |
| I further state that I personally marked the enclosed | 9 |
| ballot in secret.
| 10 |
| Under penalties of perjury as provided by law pursuant to | 11 |
| Section 29-10 of
The Election Code, the undersigned certified | 12 |
| that the statements set forth in
this certification are true | 13 |
| and correct.
| 14 |
| ......................
| 15 |
| If the ballot is to go to an elector who is temporarily | 16 |
| abiding outside
the precinct in which he is registered to vote | 17 |
| due to the fact he is a
student attending an institution of | 18 |
| higher education the envelope shall
bear upon the back thereof | 19 |
| a certification in substantially the following form:
| 20 |
| I state that I am a resident of the .... precinct of the | 21 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 22 |
| the city of
.... residing at .... in such city or town in the | 23 |
| county of .... and
State of Illinois, that I have lived at such | 24 |
| address for .... months
last past; that I am lawfully entitled | 25 |
| to vote in such precinct at the
.... election to be held on | 26 |
| ....; and I expect to be absent from the
precinct of my | 27 |
| residence on the date of such election because I am
temporarily | 28 |
| abiding outside such precinct in the (1) *township of .... (2)
| 29 |
| *city of .... in the county of .... and State of .... due to the | 30 |
| fact I am
a student attending an institution of higher | 31 |
| education.
| 32 |
| *fill in either (1), (2) or (3).
| 33 |
| I further state that I personally marked the enclosed | 34 |
| ballot in secret.
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| Under penalties of perjury as provided by law pursuant to | 2 |
| Section 29-10
of The Election Code, the undersigned certifies | 3 |
| that the statements set
forth in this certification are true | 4 |
| and correct.
| 5 |
| .......................
| 6 |
| If the election authority adopts the standard absentee | 7 |
| ballot application
blank provided in Section 19-3, the printed | 8 |
| certification on the absentee
ballot envelope shall be in | 9 |
| substantially the following form:
| 10 |
| I state that I am a resident of the ...... precinct of the | 11 |
| (1) *township
of..... (2) *City of ..... or (3) *....... ward | 12 |
| in the city of .......
residing at ..... in said city or town | 13 |
| in the county of ...... and State
of Illinois, that I have | 14 |
| lived at such address for .... months last past;
that I shall | 15 |
| be unable to be present at the polls of such precinct on the
| 16 |
| date of holding such election for the reason indicated on the | 17 |
| application
for ballot enclosed herein.
| 18 |
| *fill in either (1), (2) or (3).
| 19 |
| I further state that I personally marked the enclosed | 20 |
| ballot in secret.
If I received assistance in casting my | 21 |
| ballot, I further attest that, due
to physical incapacity, I | 22 |
| marked the enclosed
ballot in secret with the assistance of
| 23 |
| .................................
| 24 |
| (Individual rendering assistance)
| 25 |
| .................................
| 26 |
| (Residence Address)
| 27 |
| Under penalties of perjury provided by law pursuant to | 28 |
| Section 29-10 of the
Election
Code, the undersigned certifies | 29 |
| that the statements set forth in this
certification are true | 30 |
| and correct.
| 31 |
| .......................
| 32 |
| In the case of a voter who is voting absentee by reason of | 33 |
| physical
incapacity, marking a ballot in secret includes | 34 |
| marking a ballot with the
assistance of another individual, |
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| other than a candidate
whose name appears on the ballot (unless | 2 |
| the voter is the spouse or a
parent, child, brother, or sister | 3 |
| of the candidate), the voter's
employer, an
agent of that | 4 |
| employer, or an officer or agent of the voter's union, when
the | 5 |
| voter's physical incapacity necessitates such assistance.
| 6 |
| Provided, that if the ballot enclosed is to be voted at a | 7 |
| primary
election, the certification shall designate the name of | 8 |
| the political
party with which the voter is affiliated.
| 9 |
| In addition to the above, the election authority shall | 10 |
| provide
printed slips giving full instructions regarding the | 11 |
| manner of marking
and returning the ballot in order that the | 12 |
| same may be counted, and
shall furnish one of such printed | 13 |
| slips to each of such applicants at
the same time the ballot is | 14 |
| delivered to him.
Such instructions shall include the following | 15 |
| statement: "In signing the
certification on the absentee ballot | 16 |
| envelope, you are attesting that you
personally marked this | 17 |
| absentee ballot in secret. If you are physically
unable to mark | 18 |
| the ballot, a friend or relative may assist you after
| 19 |
| completing the enclosed affidavit. Federal and State laws | 20 |
| prohibit a
candidate whose name appears on the ballot (unless | 21 |
| you
are the spouse or a parent, child, brother, or sister of | 22 |
| the candidate), your
employer, your employer's agent or an | 23 |
| officer or agent of your union
from assisting physically | 24 |
| disabled voters."
| 25 |
| In addition to the above, if a ballot to be provided to an | 26 |
| elector
pursuant to this Section contains a public question | 27 |
| described in subsection
(b) of Section 28-6 and the territory | 28 |
| concerning which the question is
to be submitted is not | 29 |
| described on the ballot due to the space limitations
of such | 30 |
| ballot, the election authority shall provide a printed copy of
| 31 |
| a notice of the public question, which shall include a | 32 |
| description of the
territory in the manner required by Section | 33 |
| 16-7. The notice shall be
furnished to the elector at the same | 34 |
| time the ballot is delivered to the
elector.
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| (Source: P.A. 89-653, eff. 8-14-96.)".
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