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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/18A-10
(10 ILCS 5/18A-10)
Sec. 18A-10.
Sealing and transporting provisional ballots.
(a) Upon the closing of the polls, 2 election judges not of the same
political party shall return to the county clerk or board of election
commissioners the unopened sealed securable container containing the
provisional ballots to a
location specified by the county clerk or board of election commissioners in
the most direct manner of transport. The county clerk or board of election
commissioners shall keep the securable container secure until such time as the
provisional
ballots are counted in accordance with Section 18A-15.
(b) Upon receipt of materials returned from the polling places, the county
clerk or board of election commissioners shall update the State voter
registration list and the voter registration database of the county clerk or
board of election commissioners, as the case may be, by using the
affidavit forms of provisional voters.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/18A-15
(10 ILCS 5/18A-15)
Sec. 18A-15. Validating and counting provisional ballots.
(a) The county clerk or board of election commissioners shall complete the
validation and counting of provisional ballots within 14 calendar days of
the day of the election. The county clerk or board of election commissioners
shall have 7 calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass. The State Board
of Elections shall complete within 31 calendar days of the election or sooner
if all the returns are received, its final canvass of the vote for all public
offices.
(b) If a county clerk or board of election commissioners determines that all
of the following apply, then a provisional ballot is valid and shall be counted
as a vote:
(1) the provisional voter cast the provisional ballot | | in the correct precinct based on the address provided by the provisional voter. The provisional voter's affidavit shall serve as a change of address request by that voter for registration purposes for the next ensuing election if it bears an address different from that in the records of the election authority. Votes for federal and statewide offices on a provisional ballot cast in the incorrect precinct that meet the other requirements of this subsection shall be valid and counted in accordance with this Article. As used in this item, "federal office" is defined as provided in Section 20-1 and "statewide office" means the Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. Votes for General Assembly, countywide, citywide, or township office on a provisional ballot cast in the incorrect precinct but in the correct legislative district, representative district, county, municipality, or township, as the case may be, shall be valid and counted in accordance with this Article. As used in this item, "citywide office" means an office elected by the electors of an entire municipality. As used in this item, "township office" means an office elected by the electors of an entire township;
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(2) the affidavit executed by the provisional voter
| | pursuant to subsection (b)(2) of Section 18A-5 contains, at a minimum, the provisional voter's first and last name, house number and street name, and signature or mark;
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(3) except as permitted by item (5) of subsection (b)
| | of this Section, the provisional voter is a registered voter based on information available to the county clerk or board of election commissioners provided by or obtained from any of the following:
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i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
| | maintained by the State Board of Elections;
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iv. the records of the county clerk or board of
| | election commissioners' database; or
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v. the records of the Secretary of State; and
(4) for a provisional ballot cast under item (6) of
| | subsection (a) of Section 18A-5, the voter did not vote by mail ballot in the election at which the provisional ballot was cast; or
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(5) for a provisional ballot cast under item (7) of
| | subsection (a) of Section 18A-5, the voter provides the election authority with the necessary documentation within 7 days of election day.
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| (c) With respect to subsection (b)(3) of this Section, the county clerk or
board of election commissioners shall investigate and record whether or not the specified information is available from each of the 5 identified sources. If the information is available from one or more of the identified sources, then the
county clerk or board of election commissioners shall seek to obtain the
information from each of those sources until satisfied, with information from at least one of those sources, that the provisional voter is registered and entitled to vote. The county clerk
or board of election commissioners shall use any information it obtains as the
basis for determining the voter registration status of the provisional voter.
If a conflict exists among the information available to the county clerk or
board of election commissioners as to the registration status of the
provisional voter, then the county clerk or board of election commissioners
shall make a
determination based on the totality of the circumstances. In a case where the
above information equally supports or opposes the registration status of the
voter, the county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to vote. If the
statewide voter registration database maintained by the State Board of
Elections indicates that the provisional voter is registered to vote, but the
county clerk's or board of election commissioners' voter registration database
indicates that the provisional voter is not registered to vote, then the
information found in the statewide voter registration database shall control
the matter and the provisional voter shall be deemed to be registered to vote.
If the records of the county clerk or board of election commissioners indicates
that the provisional
voter is registered to vote, but the statewide voter registration database
maintained by the State Board of Elections indicates that the provisional voter
is not registered to vote, then the information found in the records of the
county clerk or board of election commissioners shall control the matter and
the provisional voter shall be deemed to be registered to vote. If the
provisional voter's signature on his or her provisional ballot request varies
from the signature on
an otherwise valid registration application solely because of the substitution
of initials for the first or middle name, the election authority may not reject
the provisional ballot.
(d) In validating the registration status of a person casting a provisional
ballot, the county clerk or board of election commissioners shall not require a
provisional voter to complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In addition,
the
county clerk or board of election commissioners shall not require all
provisional voters or
any particular class or group of provisional voters to appear personally before
the county clerk or board of election commissioners or as a matter of policy
require provisional voters to submit additional information to verify or
otherwise support the information already submitted by the provisional voter.
Within 2 calendar days after the election, the election authority shall transmit by electronic means pursuant to a process established by the State Board of Elections the name, street address, e-mail address, and precinct, ward, township, and district numbers, as the case may be, of each person casting a provisional ballot 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. The provisional voter may, within 7 calendar days after the election, submit
additional information to the county clerk or board of election commissioners.
This information must be received by the county clerk or board of election
commissioners within the 7-calendar-day period.
(e) If the county clerk or board of election commissioners determines that
subsection (b)(1), (b)(2), or (b)(3) does not apply, then the provisional
ballot is not valid
and may not be counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county clerk or board of
election commissioners shall write on the provisional ballot envelope the
following: "Provisional ballot determined invalid.".
(f) If the county clerk or board of election commissioners determines that a
provisional ballot is valid under this Section, then the provisional ballot
envelope shall be opened. The outside of each provisional ballot
envelope shall
also be
marked to identify the precinct and the date of the election.
(g) Provisional ballots determined to be valid shall be counted at the election authority's central ballot counting location and shall not be counted in precincts. The provisional ballots determined to be valid shall be added to the
vote
totals for the precincts from which they were cast in the order in which the
ballots were opened.
The validation and counting of provisional ballots shall be subject to the
provisions of this Code that apply to pollwatchers.
If the provisional ballots are a ballot of a punch card
voting system, then the provisional ballot shall be counted in a manner
consistent with Article 24A. If the provisional ballots
are a ballot of optical scan or other type of approved electronic voting
system, then the provisional ballots shall be counted in a manner consistent
with Article 24B.
(h) As soon as the ballots have been counted, the election judges or
election officials shall, in
the presence of the county clerk or board of election commissioners, place each
of the following items in a separate envelope or bag: (1) all provisional
ballots, voted or spoiled; (2)
all provisional ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits
of the provisional ballots voted or spoiled.
All provisional ballot envelopes for provisional voters who have been
determined
not to be registered to vote shall remain sealed. The county clerk or board of
election commissioners shall treat the provisional ballot envelope containing
the written affidavit as a voter registration application for that person for
the next election and process that application.
The election judges or election officials shall then
securely
seal each envelope or bag, initial the envelope or bag, and plainly mark on the
outside of the envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials shall then place
each sealed envelope or
bag into a box, secure and seal it in the same manner as described in
item (6) of subsection (b) of Section 18A-5. Each election judge or election
official shall take and subscribe an oath
before the county clerk or
board of election commissioners that the election judge or election official
securely kept the
ballots and papers in the box, did not permit any person to open the box or
otherwise touch or tamper with the ballots and papers in the box, and has no
knowledge of any other person opening the box.
For purposes of this Section, the term "election official" means the county
clerk, a member of the board of election commissioners, as the case may be, and
their respective employees.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
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10 ILCS 5/18A-20
(10 ILCS 5/18A-20)
Sec. 18A-20.
Provisional voting verification system.
In conjunction with
each county clerk or board of election commissioners, the State Board of
Elections shall establish a uniform free access information system by which a
person
casting a provisional ballot may ascertain whether the provisional vote was
counted in the official canvass of votes for that election and, if the vote
was not counted, the reason that the vote was not counted.
Nothing in this Section shall prohibit a county clerk or a board of election
commissioner from establishing a free access information system
described in this Section so long as that system is consistent with the federal
Help America Vote Act.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/18A-218 (10 ILCS 5/18A-218) Sec. 18A-218. Interpretation of Article 18A. The Sections of this Article following this Section shall be supplemental to all other provisions of this Article and are intended to provide procedural requirements for the implementation of the provisions of this Article. In the case of a conflict between the Sections following this Section and the Sections preceding this Section, the Sections preceding this Section shall prevail.
(Source: P.A. 98-1171, eff. 6-1-15 .) |
10 ILCS 5/18A-218.10 (10 ILCS 5/18A-218.10) Sec. 18A-218.10. Definitions relating to provisional ballots. (a) As used in this Article: "Citywide or villagewide office" means an office | | elected by the electors of an entire municipality.
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| "Correct precinct" means the precinct containing the
| | addresses at which the provisional voter resides and at which he or she is registered to vote.
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| "Countywide office" means the offices of Clerk,
| | Sheriff, State's Attorney, Circuit Court Clerk, Recorder, Auditor, County Board President, County Board Member or County Commissioner in those counties that elect those officers countywide, Coroner, Regional Superintendent of Schools, Sanitary District Commissioners or Trustees, Assessor, Board of Review Members in those counties that elect those officers countywide, and Treasurer.
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| "Election authority" means either the County Clerk,
| | County Board of Election Commissioners, or Municipal Board of Election Commissioners, as the case may be.
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| "Election jurisdiction" means an entire county, in
| | the case of a county in which no city board of election commissioners is located or that is under the jurisdiction of a county board of election commissioners; the territorial jurisdiction of a city board of election commissioners; and the territory in a county outside of the jurisdiction of a city board of election commissioners. Election jurisdictions shall be determined according to which election authority maintains the permanent registration records of qualified electors.
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| "Incorrect precinct" means the precinct in which the
| | voter cast a provisional ballot, but is not the precinct containing the address at which he or she is registered to vote. In order for a provisional ballot to be eligible for counting when cast in an incorrect precinct, that precinct must be located within either the county or municipality in which the voter is registered.
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| "Leading established political party" means one of
| | the two political parties whose candidates for Governor at the most recent 3 gubernatorial elections received either the highest or second highest average number of votes. The first leading political party is the party whose candidate for Governor received the highest average number of votes in the 3 most recent gubernatorial elections and the second leading political party is the party whose candidate for Governor received the second highest average number of votes in the 3 most recent gubernatorial elections.
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| "Legislative district" means the district in which an
| | Illinois State Senator is elected to serve the residents.
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| "Persons entitled to vote provisionally" or
| | "provisional voter" means a person claiming to be a registered voter who is entitled by Section 18A-5 of this Code to vote a provisional ballot under the following circumstances:
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| (1) The person's name does not appear on the
| | official list of eligible voters for the precinct in which the person seeks to vote and the person has refused an opportunity to register at the polling location or another grace period registration site.
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| (2) The person's voting status has been
| | successfully challenged by an election judge, a pollwatcher or any legal voter.
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| (3) A federal or State court order extends the
| | time for closing the polls beyond the time period established by State law and the person votes during the extended time period.
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| (4) The voter registered to vote by mail and is
| | required by law to present identification when voting either in person or by vote by mail ballot, but fails to do so.
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| (5) The voter's name appears on the list of
| | voters who voted during the early voting period, but the voter claims not to have voted during the early voting period.
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| (6) The voter received a vote by mail ballot but
| | did not return the vote by mail ballot to the election authority, and failed to surrender it to the election judges.
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| (7) The voter attempted to register to vote on
| | election day, but failed to provide the necessary documentation.
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| "Representative district" means the district from
| | which an Illinois State Representative is elected to serve the residents.
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| "Statewide office" means the Constitutional offices
| | of Governor and Lt. Governor running jointly, Secretary of State, Attorney General, Comptroller, and Treasurer.
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| "Township office" means an office elected by the
| | electors of an entire township.
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| (b) Procedures for Voting Provisionally in the Polling Place.
(1) If any of the 7 reasons cited in the
| | definition of provisional voter in subsection (a) for casting a provisional ballot exists, an election judge must accept any information provided by a person who casts a provisional ballot that the person believes supports his or her claim that he or she is a duly registered voter and qualified to vote in the election. However, if the person's residence address is outside the precinct boundaries, the election judge shall inform the person of that fact, give the person the appropriate telephone number of the election authority in order to locate the polling place assigned to serve that address (or consult any alternative tools provided by the election authority for determining a voter's correct precinct polling place) and instruct the person to go to the proper polling place to vote.
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| (2) Once it has been determined by the
| | election judges that the person is entitled to receive a provisional ballot, and the voter has completed the provisional voter affidavit, the voter shall be given a provisional ballot and shall proceed to vote that ballot. Upon receipt of the ballot by the election judges, the ballot shall be transmitted to the election authority in accordance with subsection (a) of Section 18A-10 of this Code.
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| (3) In the event that a provisional ballot is
| | mistakenly cast in a precinct other than the precinct that contains the voter's address of registration (if the voter believed he or she registered in the precinct in which he or she voted provisionally, and the election judges should have, but did not direct the voter to vote in the correct precinct), Section 218.20 shall apply.
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(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/18A-218.20 (10 ILCS 5/18A-218.20) Sec. 18A-218.20. Counting procedures for provisional ballots cast in an incorrect precinct within the same election authority's jurisdiction. (a) The election authority shall: (1) transmit to the State Board of Elections | | the provisional voter's identifying information and voting jurisdiction within 2 calendar days. Following that, and subject to paragraph (2) below, if the election authority having jurisdiction over the provisional voter determines that the voter has cast a provisional ballot in an incorrect precinct, the ballot shall still be counted using the procedures established in subsection (b) of this Section or Section 18A-218.30 if applicable. Jurisdictions that use election machines authorized pursuant to Article 24C of this Code for casting provisional ballots may vary procedures of this Section and Section 18A-218.30 as appropriate for the counting of provisional ballots cast on those machines.
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| (2) determine whether the voter was entitled
| | to cast a provisional ballot. The voter is entitled to cast a provisional ballot if:
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| (A) the affidavit executed by the voter
| | contains, at a minimum, the provisional voter's first and last name, house number and street name, and signature or mark;
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| (B) the provisional voter is a registered
| | voter based on information available to the county clerk or board of election commissioners provided by or obtained from the provisional voter, an election judge, the Statewide voter registration database maintained by the State Board of Elections, the records of the county clerk or board of election commissioners' database, or the records of the Secretary of State or the voter is attempting to register but lacks the necessary documentation; and
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| (C) the provisional voter did not vote
| | using the vote by mail ballot and did not vote during the period for early voting.
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| (b) Once it has been determined by the election authority that the voter was entitled to vote a provisional ballot, even though it had been cast in an incorrect precinct, the election authority shall select a team or teams of 2 duly commissioned election judges, one from each of the two leading established political parties in Illinois, to count the votes that are eligible to be cast on the provisional ballot. In those jurisdictions that use election officials as defined in subsection (h) of Section 18A-15 of this Code, these duties may be performed by those election officials.
(1) Votes cast for Statewide offices, the
| | Office of President of the United States (including votes cast in the Presidential Preference Primary), and United States Senate shall be counted on all provisional ballots cast in the incorrect precinct.
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| (2) Votes cast for Representative in
| | Congress, delegate or alternate delegate to a national nominating convention, State Senator, State Representative, or countywide, citywide, villagewide, or township office shall be counted if it is determined by the election judges or officials that the voter would have been entitled to vote for one or more of these offices had the voter voted in the precinct in which he or she is registered to vote (the correct precinct) and had the voter voted a ballot of the correct ballot style containing all the offices and candidates for which the voter was entitled to cast a ballot (the correct ballot style). This determination shall be made by comparing a sample ballot of the correct ballot style with the actual provisional ballot cast by the voter. If the same office (including the same district number for a Congressional, Legislative or Representative district) appears on both the correct ballot style sample ballot and the provisional ballot cast by the voter, votes for that office shall be counted. All votes cast for any remaining offices (offices for which the voter would not have been entitled to vote had he or she voted in the correct precinct) shall not be counted.
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| (3) No votes shall be counted for an office
| | when the voter voted for more candidates than he or she was allowed.
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| (4) Once it has been determined which offices
| | are to be counted and the provisional ballot contains no other votes, the provisional ballot shall be counted pursuant to the procedures set forth in this subsection (b).
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| (5) If a provisional ballot does not contain
| | any valid votes, the provisional ballot shall be marked invalid and shall not be counted.
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| (6) Any provisional voting verification
| | system established by an election authority shall inform the provisional voter that his or her provisional ballot was partially counted because it was cast in an incorrect precinct.
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| (7) If a provisional ballot only contains
| | votes cast for eligible offices, and does not contain any votes cast for ineligible offices, the ballot may be tabulated without having to be remade.
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| (8) If a provisional ballot contains both
| | valid votes that must be counted and invalid votes that cannot be counted:
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| (A) the election judges, consisting in
| | each case of at least one of each of the 2 leading political parties, shall, if the provisional ballot was cast on a paper ballot sheet, proceed to remake the voted ballot onto a blank ballot that includes all of the offices for which valid votes were cast, transferring only valid votes. The original provisional ballot shall be marked "Original Provisional Ballot" with a serial number commencing at "1" and continuing consecutively for ballots of that kind in the precinct. The duplicate provisional ballot shall be marked "Duplicate Provisional Ballot" and be given the same serial number as the original ballot from which it was duplicated. The duplicate provisional ballot shall then be treated in the same manner as other provisional ballots.
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| (B) if the provisional ballot was cast on
| | a direct recording electronic voting device, the election judges shall mark the original provisional ballot as a partially counted defective electronic provisional ballot because it was cast in the incorrect precinct (or bear some similar notation) and proceed to either:
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| (i) remake the voted ballot by
| | transferring all valid votes to a duplicate paper ballot sheet of the correct ballot style, marking the duplicate ballot "Duplicate Electronic Provisional Ballot" and then counting the duplicate provisional ballot in the same manner as the other provisional ballots marked on paper ballot sheets; or
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| (ii) transfer, or cause to be
| | transferred, all valid votes electronically to the correct precinct, which shall be counted and added to the vote totals for the correct precinct, excluding any votes that cannot be counted. If this method is used, a permanent paper record must be generated for both the defective provisional ballot and the duplicate electronic provisional ballot.
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| (c) For provisional ballots cast at a partisan primary election, the judges shall use a duplicate ballot of the correct ballot style for the same political party as the ballot chosen by the voter.
(d) At least one qualified pollwatcher for each candidate, political party, and civic organization, as authorized by Section 17-23 of this Code, shall be permitted to observe the ballot remaking process.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/18A-218.30 (10 ILCS 5/18A-218.30) Sec. 18A-218.30. Counting procedures for provisional ballots cast in an incorrect precinct within a different election authority's jurisdiction. (a) The election authority having possession of the provisional ballot shall first notify the election authority having jurisdiction over the provisional voter that the voter cast a provisional ballot in its jurisdiction and provide whatever information is needed for the election authority to comply with the notification requirements set forth in subsection (d) of Section 18A-15 of this Code. For purpose of determining which election authority has jurisdiction over the provisional voter, the election authority having possession of the provisional ballot shall use the address listed on the provisional ballot affidavit that was provided by the voter. If that address is different from the address at which the voter is registered, the ballot shall be rejected; however, the affidavit shall serve as a request to register at that address. If a voter cast a provisional ballot in an incorrect precinct located in the jurisdiction of an election authority other than the election authority having jurisdiction over the voter's correct precinct, but where the precinct is located within the same county as the 2 election authorities (e.g., a voter is registered in the City of Chicago, but casts a provisional ballot in suburban Cook County), the election authority in whose territory the provisional ballot was cast shall, after receipt of the provisional ballot, transmit it, along with the provisional voter's affidavit and any other documentation provided to the election judges, to the office of the election authority having jurisdiction over the voter's correct precinct. The ballot shall be sealed in a secure envelope or other suitable container and transmitted within 8 business days after the election at which it was cast. If the locations of the election authorities' offices are such that it is feasible to hand deliver the ballot, the ballot shall be sealed in a secure envelope and transmitted in that manner by 2 election judges (or election officials), one from each of the 2 leading political parties. If the locations of the 2 election authorities are such that it is not feasible to hand deliver the ballot, the election authority having jurisdiction over the incorrect precinct shall cause the ballot to be sealed in a secure envelope and transmitted via express mail within 8 business days after the election at which the ballot was cast, with a delivery date no later than the second business day following the mailing date. Upon receipt of the ballot by the election authority having jurisdiction over the correct precinct, the election authority shall proceed to remake, and count the votes on, the provisional ballot in accordance with the procedures described in Section 18A-218.20, including the determination of eligibility to cast a provisional ballot. Any information provided to the election authority within the 7 day period provided for in Section 18A-15 of this Code shall be sealed in a secure envelope and transmitted to the office of the election authority having jurisdiction over the voter's correct precinct, along with the provisional ballot of that voter. (b) Incorrect precinct is located in a different county from the county where the voter is registered, but is located in the same municipality or legislative district as the one in which the voter is registered: (1) The election authority having | | possession of the provisional ballot shall first notify the election authority having jurisdiction over the provisional voter that the voter cast a provisional ballot in its jurisdiction and provide whatever information is needed for the election authority to comply with the notification requirements set forth in subsection (d) of Section 18A-15 of this Code. For purposes of determining which election authority has jurisdiction over the provisional voter, the election authority having possession of the provisional ballot shall use the address listed on the provisional ballot affidavit that was provided by the voter. If that address is different from the address at which the voter is registered, the ballot shall be rejected; however, the affidavit shall serve as a request to register at that address. The election authority shall then cause the ballot, along with the provisional voter's affidavit and any other documentation provided to the election judges, to be transmitted via express mail within 8 business days after the election at which the ballot was cast, with a delivery date no later than the second business day following the mailing date. Upon receipt of the ballot by the election authority having jurisdiction over the correct precinct, that election authority shall proceed to remake and count the votes on the provisional ballot in accordance with the procedures described in Section 18A-218.20, including the determination of eligibility to cast a provisional ballot. Any information provided to the election authority within the 7 day period provided for in Section 18A-15 of this Code shall be transmitted to the office of the election authority having jurisdiction over the voter's correct precinct, along with the provisional ballot of that voter.
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| (2) If a voter casts a provisional ballot
| | in a precinct outside of the county in which he or she is registered and outside of the municipality, representative district, or legislative district in which he or she is registered (if applicable), the ballot shall not be counted. It shall, however, be transmitted via the U.S. Postal Service to the election authority having jurisdiction over the voter's correct precinct within 14 days after the election and shall be kept for 2 months, the same length of time as is required for other voted ballots.
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| For purposes of determining which election authority has jurisdiction over the provisional voter, the election authority having possession of the provisional ballot shall use the address listed on the provisional ballot affidavit that was provided by the voter. If such address is different from the address at which the voter is registered, the ballot shall be rejected, however the affidavit shall serve as a request to register at such address.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/18A-218.40 (10 ILCS 5/18A-218.40) Sec. 18A-218.40. Follow-up procedures for provisional ballots. The original provisional ballot cast by the voter shall be stored separately from other ballots voted in the election and shall be preserved in the same manner as original ballots that had to be remade for other reasons, such as a damaged ballot or as a result of a voter over-voting an office.
(Source: P.A. 98-1171, eff. 6-1-15 .) |
10 ILCS 5/Art. 19
(10 ILCS 5/Art. 19 heading)
ARTICLE 19. VOTING BY MAIL
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/19-1 (10 ILCS 5/19-1) (from Ch. 46, par. 19-1) Sec. 19-1. Any qualified elector of the State of Illinois having
duly registered where such registration is required may vote at such
election as hereinafter in this Article provided.
Notwithstanding any law to the contrary, this Article extends to a certified program participant under the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
For purposes of this Article 19, a physically incapacitated voter marks
his or her ballot "personally" when the voter exercises his or her physical
abilities to their reasonable limit in marking the ballot, and marking
personally may include instructing the person assisting the incapacitated
voter when giving such instruction represents the reasonable limit of the
physical abilities.
(Source: P.A. 102-292, eff. 1-1-22 .)
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10 ILCS 5/19-2 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) Sec. 19-2. Except as otherwise provided in this Code, any elector as defined in Section 19-1 may by mail or electronically on the website of the appropriate election authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90 nor less
than one day prior to the date of such election, make application to the
county clerk or to the Board of Election Commissioners for an official
ballot for the voter's precinct to be voted at such election. Such a ballot shall be delivered to the elector only upon separate application by the elector for each election. Voters who make an application for permanent vote by mail ballot status shall follow the procedures specified in Section 19-3 and may apply year round. Voters whose application for permanent vote by mail status is accepted by the election authority shall remain on the permanent vote by mail list until the voter requests to be removed from permanent vote by mail status, the voter provides notice to the election authority of a change in registration that affects their registration status, or the election authority receives confirmation that the voter has subsequently registered to vote in another election authority jurisdiction. The URL address at which voters may electronically request a vote by mail ballot shall be fixed no later than 90 calendar days before an election and shall not be changed until after the election.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)
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10 ILCS 5/19-2.1 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) Sec. 19-2.1. (Repealed). (Source: P.A. 98-115, eff. 7-29-13. Repealed by P.A. 98-1171, eff. 6-1-15.) |
10 ILCS 5/19-2.2
(10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
Sec. 19-2.2. (Repealed).
(Source: P.A. 93-847, eff. 7-30-04. Repealed by P.A. 98-1171, eff. 6-1-15.)
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10 ILCS 5/19-2.3 (10 ILCS 5/19-2.3) Sec. 19-2.3. Vote by mail; jails. Each election authority in a county with a population under 3,000,000 shall collaborate with the primary county jail where eligible voters are confined or detained who are within the jurisdiction of the election authority to facilitate an opportunity for voting by mail for voters eligible to vote in the election jurisdiction who are confined or detained in the county jail.
(Source: P.A. 101-442, eff. 1-1-20 .) |
10 ILCS 5/19-2.4 (10 ILCS 5/19-2.4) Sec. 19-2.4. Vote by mail; accommodation for voters with a disability. By December 31, 2021, the State Board of Elections shall prepare and submit to the General Assembly proposed legislation establishing a procedure to send vote by mail ballots via electronic transmission and enable a voter with a disability to independently and privately mark a ballot using assistive technology in order for the voter to vote by mail. Prior to submission, the State Board of Elections shall solicit public commentary and conduct at least 2 public hearings on its proposed legislation.
(Source: P.A. 102-15, eff. 6-17-21.) |
10 ILCS 5/19-2.5 (10 ILCS 5/19-2.5) Sec. 19-2.5. Notice for vote by mail ballot. An election authority shall notify all qualified voters, except voters who have applied for permanent vote by mail status under subsection (b) of Section 19-3 or voters who submit a written request to be excluded from the permanent vote by mail status, not more than 90 days nor less than 45 days before a general election of the option for permanent vote by mail status using the following notice and including the application for permanent vote by mail status in subsection (b) of Section 19-3: "You may apply to permanently be placed on vote by mail status using the attached application.".
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 103-467, eff. 8-4-23.) |
10 ILCS 5/19-2.6 (10 ILCS 5/19-2.6) Sec. 19-2.6. Vote by mail; voters with a print disability. (a) Definitions. As used in this Section, unless the context otherwise requires: "Assistive technology" means any equipment, software, or product used to increase, maintain, or improve the functional capabilities of individuals with disabilities, including, but not limited to, screen reading and magnification software, refreshable Braille displays, and speech recognition programs. "Certified remote accessible vote by mail system" means a process approved by the State Board of Elections through which an election authority provides for the electronic transmission of a vote by mail ballot to a voter with a print disability and through which the voter with a print disability marks and verifies the voter's ballot using assistive technology. "Electronic transmission" means the transfer of data or information through an authorized electronic data interchange system. "Voter with a print disability" means a person having a temporary or permanent physical or mental impairment, such as blindness, low vision, physical dexterity limitations, or learning or cognitive disabilities, that prevents the person from effective reading, writing, or use of printed material. (b) The State Board of Elections shall provide a certified remote accessible vote by mail system for the General Election of November 8, 2022 and all subsequent elections, through which a vote by mail ballot can be delivered by electronic transmission to voters with print disabilities and through which voters with print disabilities are able to mark and verify their ballots using assistive technology. (c) Election authorities shall permit voters with a print disability to receive and mark their vote by mail ballots (i) through the certified remote accessible vote by mail system provided by the State Board of Elections pursuant to subsection (b) of this Section or (ii) through a certified remote accessible vote by mail system provided by the election authority. (d) If a vote by mail ballot application from a voter with a print disability arrives after the jurisdiction begins transmitting vote by mail ballots and instructions to voters, the election authority shall electronically transmit the ballot, instructions, and balloting materials to the voter within two business days after receipt of the application. (e) Ballots received and marked pursuant to this Section must be printed by the voter and returned to the election authority as provided in Section 19-6. (f) The State Board of Elections shall adopt rules, including emergency rules, necessary for the implementation of this Section. The State Board of Elections' adopted rules shall include certification standards for a remote accessible vote by mail system and a method subject to the provisions in Sections 19-2 and 19-3 of this Article by which a voter with a print disability may request to use a certified remote accessible vote by mail system and apply for an accessible vote by mail ballot.
(Source: P.A. 102-819, eff. 5-13-22.) |
10 ILCS 5/19-3 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) Sec. 19-3. Application for a vote by mail ballot. (a) The
application for a vote by mail ballot for a single election shall be substantially in the
following form: APPLICATION FOR VOTE BY MAIL BALLOT To be voted at the .... election in the County of .... and State of
Illinois. 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 vote at the .... election to be held on ....; and that I wish to vote by mail. I hereby make application for an official ballot or ballots to be
voted by me at such election, and I agree that I shall return such ballot or ballots to the
official issuing the same prior to the closing of the polls on the date
of the election or, if returned by mail, postmarked no later than election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day. I understand that this application is made for an official vote by mail ballot or ballots to be voted by me at the election specified in this application and that I must submit a separate application for an official vote by mail ballot or ballots to be voted by me at any subsequent election. 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 application are true and correct. .... *fill in either (1), (2) or (3). Post office address to which ballot is mailed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a-5) The application for a single vote by mail ballot transmitted electronically pursuant to Section 19-2.6 shall be substantively similar to the application for a vote by mail ballot for a single election and shall include: I swear or affirm that I am a voter with a print | | disability, and, as a result of this disability, I am making a request to receive a vote by mail ballot electronically so that I may privately and independently mark, verify, and print my vote by mail ballot.
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| (b) The application for permanent vote by mail status shall be substantially in the following form:
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS I am currently a registered voter and wish to apply for permanent vote by mail status.
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 vote at the .... election to be held on ....; and that I wish to vote by mail in:
..... all subsequent elections that do not require a | | ..... all subsequent elections, and I wish to receive a
| | ................... Party vote by mail ballot in elections that require a party designation.
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| I hereby make application for an official ballot or ballots to be voted by me at such election, and I agree that I shall return such ballot or ballots to the official issuing the same prior to the closing of the polls on the date of the election or, if returned by mail, postmarked no later than election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day.
Under penalties as provided by law under Section 29-10 of the Election Code, the undersigned certifies that the statements set forth in this application are true and correct.
.... Post office address to which ballot is mailed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b-5) The application for permanent vote by mail ballots transmitted electronically pursuant to Section 19-2.6 shall be substantively similar to the application for permanent vote by mail status and shall include:
I swear or affirm that I am a voter with a | | non-temporary print disability, and as a result of this disability, I am making a request to receive vote by mail ballots electronically so that I may privately and independently mark, verify, and print my vote by mail ballots.
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| (c) However, if application is made for a primary election ballot, such
application shall require the applicant to designate the name of the political party with which
the applicant is affiliated. The election authority shall allow any voter on permanent vote by mail status to change his or her party affiliation for a primary election ballot by a method and deadline published and selected by the election authority.
(d) If application is made electronically, the applicant shall mark the box associated with the above described statement included as part of the online application certifying that the statements set forth in the application under subsection (a) or (b) are true and correct, and a signature is not required.
(e) Any person may produce, reproduce, distribute, or return to an election authority an application under this Section. If applications are sent to a post office box controlled by any individual or organization that is not an election authority, those applications shall (i) include a valid and current phone number for the individual or organization controlling the post office box and (ii) be turned over to the appropriate election authority within 7 days of receipt or, if received within 2 weeks of the election in which an applicant intends to vote, within 2 days of receipt. Failure to turn over the applications in compliance with this paragraph shall constitute a violation of this Code and shall be punishable as a petty offense with a fine of $100 per application. Removing, tampering with, or otherwise knowingly making the postmark on the application unreadable by the election authority shall establish a rebuttable presumption of a violation of this paragraph. Upon receipt, the appropriate election authority shall accept and promptly process any application under this Section submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant.
(f) An election authority may combine the applications in subsections (a) and (b) onto one form, but the distinction between the applications must be clear and the form must provide check boxes for an applicant to indicate whether he or she is applying for a single election vote by mail ballot or for permanent vote by mail status.
(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)
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10 ILCS 5/19-4
(10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots; time. Immediately upon
the receipt of such application either by mail or electronic means, not more than 90 days
nor less than 5 days prior to such election, or by personal delivery not
more than 90 days nor less than one day prior to such election, at the
office of such election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not such
applicant is lawfully entitled to vote as
requested, including a verification of the applicant's signature on file with the office of the election authority, and if found so to be entitled to vote, to post within one business day thereafter
the name, street address,
ward and precinct number or township and district number, as the case may be,
of such applicant given on a list, the pages of which are to be numbered
consecutively to be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at the entrance of
the office of such election authority, and in such a manner that such list may
be viewed without necessity of requesting permission therefor. Within one
day after posting the name and other information of an applicant for a vote by mail
ballot, the election authority shall transmit by electronic means pursuant to a process established by the State Board of Elections that name and other
posted information to the State Board of Elections, which shall maintain those
names and other information in an electronic format on its website, arranged by
county and accessible to State and local political committees. Within 2
business days after posting a name and other information on the list within
its
office, but no sooner than 40 days before an election, the election authority shall mail,
postage prepaid, or deliver in person in such office, or deliver via electronic transmission pursuant to Section 19-2.6, an official ballot
or ballots if more than one are to be voted at said election. Mail delivery
of Temporarily Absent Student ballot applications pursuant to Section
19-12.3 shall be by nonforwardable mail. However,
for the consolidated election, vote by mail ballots for certain precincts may
be delivered to applicants not less than 25 days before the election if
so much time is required to have prepared and printed the ballots containing
the names of persons nominated for offices at the consolidated primary.
The election authority shall enclose with each vote by mail ballot or
application written instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved by the State
Board of Elections, informing the vote by mail voter of the required postage for returning the application and ballot, and
enumerating
the circumstances under which a person is authorized to vote by vote by mail
ballot pursuant to this Article; such document shall also include a
statement informing the applicant that if he or she falsifies or is
solicited by another to falsify his or her
eligibility to cast a vote by mail ballot, such applicant or other is subject
to
penalties pursuant to Section 29-10 and Section 29-20 of the Election Code.
Each election authority shall maintain a list of the name, street address,
ward and
precinct, or township and district number, as the case may be, of all
applicants who have returned vote by mail ballots to such authority, and the name of such vote by mail voter shall be added to such list
within one business day from receipt of such ballot.
If the vote by mail ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall be included on
the list. The list, the pages of which are to be numbered consecutively,
shall be kept by each election authority in a conspicuous, open, and public
place accessible to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without necessity of
requesting permission for viewing.
Each election authority shall maintain a list for each election
of the
voters to whom it has issued vote by mail ballots. The list shall be
maintained for each precinct within the jurisdiction of the election
authority. Prior to 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 in that precinct to whom vote by mail
ballots have been issued by mail.
Each election authority shall maintain a list for each election of
voters to whom it has issued temporarily absent student ballots. The list
shall be maintained for each election jurisdiction within which such voters
temporarily abide. Immediately after the close of the period during which
application may be made by mail or electronic means for vote by mail ballots, each election
authority shall mail to each other election authority within the State a
certified list of all such voters temporarily abiding within the
jurisdiction of the other election authority.
In the event that the return address of an
application for ballot by a physically incapacitated elector
is that of a facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, within the jurisdiction of the election authority, and the applicant
is a registered voter in the precinct in which such facility is located,
the ballots shall be prepared and transmitted to a responsible judge of
election no later than 9 a.m. on the Friday, Saturday, Sunday, or Monday immediately
preceding the election as designated by the election authority under
Section 19-12.2. Such judge shall deliver in person on the designated day
the ballot to the applicant on the premises of the facility from which
application was made. The election authority shall by mail notify the
applicant in such facility that the ballot will be delivered by a judge of
election on the designated day.
All applications for vote by mail ballots shall be available at the office
of the election authority for public inspection upon request from the
time of receipt thereof by the election authority until 30 days after the
election, except during the time such applications are kept in the
office of the election authority pursuant to Section 19-7, and except during
the time such applications are in the possession of the judges of election.
Notwithstanding any provision of this Section to the contrary, pursuant to subsection (a) of Section 30 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act, neither the name nor the address of a program participant under that Act shall be included in any list of registered voters available to the public, including the lists referenced in this Section. (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22; 102-1126, eff. 2-10-23.)
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10 ILCS 5/19-5 (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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