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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/19A-55
(10 ILCS 5/19A-55)
Sec. 19A-55. (Repealed).
(Source: P.A. 94-645, eff. 8-22-05. Repealed by P.A. 94-1000, eff. 7-3-06.)
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10 ILCS 5/19A-60 (10 ILCS 5/19A-60)
Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed to observe early
voting by personal appearance at each permanent and temporary polling place
where early voting is conducted. The pollwatchers shall qualify and be
appointed in the same manner as provided in Sections 7-34 and 17-23, except
that
each candidate, political party, or organization of citizens may appoint only
one pollwatcher for each location where early voting by
personal appearance is conducted. Pollwatchers must be residents of the State
and possess valid pollwatcher credentials.
Pollwatchers shall be permitted to observe all proceedings and view all reasonably requested records relating
to the conduct of the early voting, provided the secrecy of the ballot is not impinged, and to station themselves in a position
in the voting room as will enable them to observe the judges or election authority personnel making the
signature comparison between the voter application and the voter
registration record card; provided, however, that the pollwatchers
shall not be permitted to station themselves in such close proximity to
the judges of election or election authority personnel so as to interfere with the orderly conduct of
the voting and shall not, in any event, be permitted to handle
voting or election materials. Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to the
attention of the judges of election or election authority personnel any incorrect procedure or apparent
violations of this Code.
The judges of election or election authority personnel conducting early voting, or a majority of either of these, have the power
and authority to hear and determine the legality of an early voting ballot.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.) |
10 ILCS 5/19A-65 (10 ILCS 5/19A-65)
Sec. 19A-65. Death of voter before opening of polls. Whenever due proof
is made to the judges of election or election authority personnel counting early ballots that any voter who has marked an early ballot
as provided in this Article has died before the opening of the polls on the
date of the election, the ballot of the deceased voter shall be returned in the same manner provided for rejected ballots; but the
casting of the ballot of a deceased voter shall not invalidate the election.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/19A-70 (10 ILCS 5/19A-70)
Sec. 19A-70. Advertising or campaigning in proximity of polling place;
penalty. During the period prescribed in Section 19A-15 for early voting by
personal appearance, no advertising pertaining to any candidate or proposition
to be voted on may be displayed in or within 100 feet of any polling place used
by voters under this Article. No person may engage in electioneering in or
within 100 feet of any polling place used by voters under this Article. The provisions of Section 17-29 with respect to establishment of a campaign free zone, including, but not limited to, the provisions for placement of signage on public property beyond the campaign free zone, apply to polling places under this Article.
Any person who violates this Section may be punished for contempt of court.
(Source: P.A. 98-115, eff. 7-29-13.) |
10 ILCS 5/19A-75 (10 ILCS 5/19A-75) Sec. 19A-75. Early voting in jurisdictions using Direct Recording Electronic Voting Systems under Article 24C. Election authorities that have adopted for use Direct Recording Electronic Voting Systems under Article 24C may either use those voting systems to conduct early voting or, so long as at least one Direct Recording Electronic Voting System device is available at each early voting polling place, use whatever method the election authority uses for vote by mail balloting; provided that no early ballots are counted before the polls close on election day.
(Source: P.A. 98-1171, eff. 6-1-15 .) |
10 ILCS 5/Art. 20
(10 ILCS 5/Art. 20 heading)
ARTICLE 20.
VOTING BY ABSENT ELECTORS
IN MILITARY OR NAVAL SERVICE
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10 ILCS 5/20-1
(10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
Sec. 20-1.
The following words and phrases contained in this Article
shall be construed as follows:
1. "Territorial limits of the United States" means each of the several
States of the United States and includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam and the Virgin Islands; but does not
include American Samoa, the Canal Zone, the Trust Territory of the Pacific
Islands or any other territory or possession of the United States.
2. "Member of the United States Service" means (a) members of the Armed
Forces while on active duty and their spouses and dependents of voting
age when residing with or accompanying them, (b) members of the Merchant
Marine of the United States and their spouses and dependents when residing
with or accompanying them and (c) United States government employees serving
outside the territorial limits of the United States.
3. "Citizens of the United States temporarily residing outside the
territorial limits of the United States" means civilian citizens of the
United States and their spouses and dependents of voting age when residing
with or accompanying them, who maintain a precinct residence in a county in
this State and whose intent to return may be ascertained.
4. "Non-Resident Civilian Citizens" means civilian citizens of the United
States (a) who reside outside the territorial limits of the United States,
(b) who had maintained a precinct residence in a county in this State
immediately prior to their departure from the United States, (c) who do not
maintain a residence and are not registered to vote in any other State, and
(d) whose intent to return to this State may be uncertain.
5. "Official postcard" means the postcard application for registration
to vote or for a vote by mail ballot in the form provided in Section 204(c)
of the Federal Voting Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).
6. "Federal office" means the offices of President and Vice-President
of the United States, United States Senator, Representative in Congress,
delegates and alternate delegates to the national nominating conventions
and candidates for the Presidential Preference Primary.
7. "Federal election" means any general, primary or special election at
which candidates are nominated or elected to Federal office.
8. "Dependent", for purposes of this Article, shall mean a father, mother,
brother, sister, son or daughter.
9. "Electronic transmission" includes, but is not limited to, transmission by electronic mail or the Internet. (Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/20-1b (10 ILCS 5/20-1b) Sec. 20-1b. Voter electronic-mail addresses. The election authority shall give each voter who requests a ballot under the provisions of Article 20 the opportunity to provide an electronic-mail address beginning January 1, 2012, provided that the voter may opt out of providing an electronic-mail address. An electronic-mail address provided shall not be publicly available and is exempt from disclosure under the Freedom of Information Act. Neither an election authority nor the State Board of Elections may release a voter's electronic-mail address to any third party. An election authority may use the address only to communicate with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location as needed. Any other use or disclosure is prohibited, and each request for an electronic-mail address shall so state.
(Source: P.A. 97-81, eff. 7-5-11.) |
10 ILCS 5/20-2
(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
Sec. 20-2. Any member of the United States Service, otherwise qualified
to vote, who expects in the course of his duties to be absent from the
county in which he resides on the day of holding any election may make
application for a vote by mail ballot to the election authority having
jurisdiction over his precinct of residence on the official postcard or on
a form furnished by the election authority as prescribed by Section 20-3 of
this Article not less than 10 days before the election. A request pursuant
to this Section shall entitle the applicant to a vote by mail ballot for every
election in one calendar year. The original application for ballot shall be
kept in the office of the election authority for one year as authorization
to send a ballot to the voter for each election to be held within that
calendar year. A certified copy of such application for ballot shall be
sent each election with the vote by mail ballot to the election authority's central ballot counting location to be used
in lieu of the original application for ballot. No registration shall be
required in order to vote pursuant to this Section.
Ballots under this Section shall be mailed by the election authority in
the manner prescribed by Section 20-5 of this Article and not otherwise.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/20-2.1
(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
Sec. 20-2.1. Citizens of the United States temporarily residing outside
the territorial limits of the United States who are not registered but
otherwise qualified to vote and who expect to be absent from their county
of residence during the periods of voter registration provided for in
Articles 4, 5 or 6 of this Code and on the day of holding any election, may
make simultaneous application to the election authority having jurisdiction
over their precinct of residence for registration by mail and vote by mail
ballot not less than 30 days before the election. Such application may be
made on the official postcard or on a form furnished by the election
authority as prescribed by Section 20-3 of this Article or by facsimile or electronic transmission. A request pursuant
to this Section shall entitle the applicant to a vote by mail ballot for every
election in one calendar year. The original application for ballot shall be
kept in the office of the election authority for one year as authorization
to send a ballot to the voter for each election to be held within that
calendar year. A certified copy of such application for ballot shall be
sent each election with the vote by mail ballot to the election authority's central ballot counting location to be used
in lieu of the original application for ballot.
Registration shall be required in order to vote pursuant to this Section.
However, if the election authority receives one of such applications after
30 days but not less than 10 days before a Federal election, said applicant
shall be sent a ballot containing the Federal offices only and registration
for that election shall be waived.
Ballots under this Section shall be delivered by the election authority in
the manner prescribed by Section 20-5 of this Article in person, by mail, or, if requested by the applicant and the election authority has the capability, by facsimile transmission or by electronic transmission.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/20-2.2
(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
Sec. 20-2.2. Any non-resident civilian citizen, otherwise qualified to
vote, may make application to the election authority having jurisdiction
over his precinct of former residence for a vote by mail ballot containing
the Federal offices only not less than 10 days before a Federal election.
Such application may be made on the official postcard or by facsimile or electronic transmission. A request
pursuant to this Section shall entitle the applicant to a vote by mail ballot
for every election in one calendar year at which Federal offices are
filled. The original application for ballot shall be kept in the office of
the election authority for one year as authorization to send a ballot to
the voter for each election to be held within that calendar year at which
Federal offices are filled. A certified copy of such application for
ballot shall be sent each election with the vote by mail ballot to the election authority's central ballot counting location to be used in lieu of the original application for ballot.
No registration shall be required in order to vote pursuant to this Section.
Ballots under this Section shall be delivered by the election authority in
the manner prescribed by Section 20-5 of this Article in person, by mail, or, if requested by the applicant and the election authority has the capability, by facsimile transmission or by electronic transmission.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/20-2.3
(10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
Sec. 20-2.3. Members of the Armed Forces and their spouses and dependents. Any member of the United
States Armed Forces while on active duty, and his or her spouse and dependents, otherwise qualified to vote, who
expects in the course of his or her duties to be absent from the county in
which he or she resides on the day of holding any election, in addition to any
other method of making application for vote by mail ballot under this
Article, may make application for a vote by mail ballot to the election
authority having jurisdiction over his or her precinct of residence by a
facsimile machine or electronic transmission not less than 10 days before
the election.
Ballots under this Section shall be delivered by the election authority in
the manner prescribed by Section 20-5 of this Article in person, by mail, or, if requested by the applicant and the election authority has the capability, by facsimile transmission or by electronic transmission.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/20-3
(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
Sec. 20-3.
The election authority shall furnish the following
applications for registration by mail or vote by mail ballot which shall be
considered a method of application in lieu of the official postcard.
1. Members of the United States Service and citizens of the United
States temporarily residing outside the territorial limits of the United
States may make application within the periods
prescribed in Sections
20-2 or 20-2.1, as the case may be. Such application shall be
substantially in the following form:
"APPLICATION FOR BALLOT
To be voted at the ............ election in the precinct in which is
located my residence at ..............., in the city/village/township of
............(insert home address) County of ........... and State of
Illinois.
I state that I am a citizen of the United States; that on (insert
date of election) I shall have resided in the State of Illinois and in
the election precinct for 30 days; that on the above date I shall be the
age of 18 years or above; that I am lawfully entitled to vote in such
precinct at that election; that I am (check category 1, 2, or 3
below):
1. ( ) a member of the United States Service,
2. ( ) a citizen of the United States temporarily residing outside
the territorial limits of the United States and that I expect to be
absent from the said county of my residence on the date of holding such
election, and that I will have no opportunity to vote in person on that
day.
I hereby make application for an official ballot or ballots to be
voted by me at such election if I am absent from the said county of my
residence, and I agree that I shall return said ballot or ballots to the
election authority 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 or shall destroy said ballot or ballots.
(Check below only if category 2 and not previously registered)
( ) I hereby make application to become registered as a voter and
agree to return the forms and affidavits for registration to the
election authority not later than 30 days before the election.
Under penalties as provided by law pursuant to Article 29 of the
Election Code, the undersigned certifies that the statements set forth
in this application are true and correct.
.........................
Post office address or service address to which registration
materials or ballot should be mailed
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such
application shall designate the name of the political party with which
the applicant is affiliated.
Such applications may be obtained from the election authority having
jurisdiction over the person's precinct of residence.
2. A spouse or dependent of a member of the United States Service,
said spouse or dependent being a registered voter in the county, may
make application on behalf of said person in the office of the election
authority within the periods prescribed in Section 20-2 which shall be
substantially in the following form:
"APPLICATION FOR BALLOT to be voted at the........... election in
the precinct in which is located the residence of the person for whom
this application is made at.............(insert residence address) in
the city/village/township of......... County of.......... and State
of Illinois.
I certify that the following named person................ (insert
name of person) is a member of the United States Service.
I state that said person is a citizen of the United States; that on
(insert date of election) said person shall have resided in the State of
Illinois and in the election precinct for which this application is made
for 30 days; that on the above date said person shall be the age of 18
years or above; that said person is lawfully entitled to vote in such
precinct at that election; that said person is a member of the United
States Service, and that in the course of his duties said person expects
to be absent from his county of residence on the date of holding such
election, and that said person will have no opportunity to vote in
person on that day.
I hereby make application for an official ballot or ballots to be
voted by said person at such election and said person agrees that he
shall return said ballot or ballots to the election authority 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, or shall destroy
said ballot or ballots.
I hereby certify that I am the (mother, father, sister, brother,
husband or wife) of the said elector, and that I am a registered voter
in the election precinct for which this application is made. (Strike all
but one that is applicable.)
Under penalties as provided by law pursuant to Article 29 of The
Election Code, the undersigned certifies that the statements set forth
in this application are true and correct.
Name of applicant ......................
Residence address ........................
City/village/township........................
Service address to which ballot should be mailed:
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such
application shall designate the name of the political party with which
the person for whom application is made is affiliated.
Such applications may be obtained from the election authority having
jurisdiction over the voting precinct in which the person for whom
application is made is entitled to vote.
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22 .)
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10 ILCS 5/20-4
(10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
Sec. 20-4. Immediately upon the receipt of the official postcard or
an application as provided in Section 20-3 within the times heretofore
prescribed, the election authority shall ascertain whether or not such
applicant is legally entitled to vote as requested, including verification of the applicant's signature by comparison with the signature on the official registration record card, if any. If the election
authority ascertains that the applicant
is lawfully entitled to vote, it shall enter the name, street address,
ward and precinct number of such applicant on a list to be posted in his
or its office in a place accessible to the public.
Within one day after posting the name and other information of an
applicant for a ballot, the election authority shall transmit that name and
posted information to the State Board of Elections, which shall maintain the
names and other information in an electronic format on its website, arranged by
county and accessible to State and local political committees.
As soon as the
official ballot is prepared the election authority shall immediately
deliver the same to the applicant in person, by mail, by facsimile transmission, or by electronic transmission as provided in this Article.
If any such election authority receives a second or additional
application which it believes is from the same person, he or it shall
submit it to the chief judge of the circuit court or any judge of that
court designated by the chief judge. If the chief judge or his designate
determines that the application submitted to him is a second or
additional one, he shall so notify the election authority who shall
disregard the second or additional application.
The 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.
Election authorities may transmit by facsimile or other electronic means a ballot simultaneously with transmitting an application for vote by mail ballot; however, no such ballot shall be counted unless an application has been completed by the voter and the election authority ascertains that the applicant is lawfully entitled to vote as provided in this Section. (Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/20-5
(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
Sec. 20-5.
The election authority shall fold the ballot or ballots in
the manner specified by the statute for folding ballots prior to their
deposit in the ballot box and shall enclose such ballot in an envelope
unsealed to be furnished by it, 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 of such envelope there shall be
printed a certification in substantially the following form:
"CERTIFICATION
I state that I am a resident/former resident of the ....... precinct of
the city/village/township of ............, (Designation to be made by
Election Authority) or of the .... ward in the city of ...........
(Designation to be made by Election Authority) residing at ................
in said city/village/township in the county of ........... and State of
Illinois; that I am a
1. ( ) member of the United States Service
2. ( ) citizen of the United States temporarily residing outside the
territorial limits of the United States
3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20 of the Election
Code; that I am lawfully entitled to vote in such precinct at the ...........
election to be held on ............
I further state that I marked the enclosed ballot in secret.
Under penalties as provided by law pursuant to Article 29 of the
Election Code, the undersigned certifies that the statements set forth
in this certification are true and correct.
...............(Name)
.....................
(Service Address)
.....................
.....................
....................."
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 giving full instructions regarding the manner of completing
the forms and affidavits for registration by mail or the manner of marking
and returning the ballot in order that the same may be counted, and
shall furnish one of the printed slips to each of the applicants at the
same time the registration materials or ballot is delivered to him.
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.
The envelope in which such registration or such ballot is mailed to the
voter as well as the envelope in which the registration materials or the
ballot is returned by the voter shall have
printed across the face thereof two parallel horizontal red bars, each
one-quarter inch wide, extending from one side of the envelope to the
other side, with an intervening space of one-quarter inch, the top bar
to be one and one-quarter inches from the top of the envelope, and with
the words "Official Election Balloting Material-VIA AIR MAIL" between the
bars. In the upper right corner of such envelope in a box, there shall be
printed the words: "U.S. Postage Paid 42 USC 1973". All printing
on the face of such envelopes shall be in red, including an appropriate
inscription or blank in the upper left corner of return address of sender.
The envelope in which the ballot is returned to the election authority may be delivered (i) by mail, postage paid, (ii) in person, by the spouse, parent, child, brother, or sister of the voter, or (iii) by a company engaged in the business of making deliveries of property and licensed as a motor carrier of property by the Illinois Commerce Commission under the Illinois Commercial Transportation Law. Election authorities transmitting ballots by facsimile or electronic transmission shall, to the extent possible, provide those applicants with the same instructions, certification, and other materials required when sending by mail. (Source: P.A. 100-201, eff. 8-18-17.)
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10 ILCS 5/20-6
(10 ILCS 5/20-6)
Sec. 20-6. (Repealed).
(Source: P.A. 98-1171, eff. 6-1-15. Repealed by P.A. 99-522, eff. 6-30-16.)
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10 ILCS 5/20-7
(10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
Sec. 20-7.
Upon receipt of such vote by mail voter's ballot, the officer or
officers above described shall forthwith enclose the same unopened,
together with the application made by said vote by mail voter in a large or
carrier envelope which shall be securely sealed and endorsed with the
name and official title of such officer and the words, "This envelope
contains a vote by mail voter's ballot and must be opened
on election day," together with
the number and description of the precinct in which said ballot is to be
voted, and such officer shall thereafter safely keep the same in his
office until counted by him as provided in the next section.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/20-8
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
Sec. 20-8. Time and place of counting ballots. (a) (Blank.) (b) Each vote by mail voter's ballot returned to an election authority, by any means authorized by this Article, and received by that election authority may be processed by the election authority beginning on the day it is received by the election authority in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as provided in subsections (g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an election authority and postmarked no later than election day, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Each vote by mail voter's ballot that is mailed to an election authority absent a postmark or a barcode usable with an intelligent mail barcode tracking system, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt, opened to inspect the date inserted on the certification, and, if the certification date is election day or earlier and the ballot is otherwise found to be valid under the requirements of this Section, counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Absent a date on the certification, the ballot shall not be counted.
If an election authority is using an intelligent mail barcode tracking system, a ballot that is mailed to an election authority absent a postmark may be counted if the intelligent mail barcode tracking system verifies the envelope was mailed no later than election day. (d) Special write-in vote by mail voter's blank ballots returned to an election authority, by any means authorized by this Article, and received by the election authority at any time before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same period provided for counting vote by mail voters' ballots under subsections (b), (g), and (g-5). Special write-in vote by mail voter's blank ballot that are mailed to an election authority and postmarked no later than election day, but that are received by the election authority after the polls close on election day and before the closing of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same periods provided for counting vote by mail voters' ballots under subsection (c).
(e) Except as otherwise provided in this Section, vote by mail voters' ballots and special write-in vote by mail voter's blank ballots received by the election authority after the closing of the polls on the day of election shall be
endorsed by the person receiving the ballots with the day and hour of
receipt and shall be safely kept unopened by the election authority for
the period of time required for the preservation of ballots used at the
election, and shall then, without being opened, be destroyed in like
manner as the used ballots of that election.
(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted
by a panel or panels of election judges appointed in the manner provided
by law. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and
18 of this Code shall apply to all ballots counted under
this Section. In addition, within 2 days after a ballot subject to this Article is received, but in all cases before the close of the period for counting provisional ballots, the election judge or official shall compare the voter's signature on the certification envelope of that ballot with the signature of the voter on file in the office of the election authority. If the election judge or official determines that the 2 signatures match, and that the voter is otherwise qualified to cast a ballot under this Article, the election authority shall cast and count the ballot on election day or the day the ballot is determined to be valid, whichever is later, adding the results to the precinct in which the voter is registered. If the election judge or official determines that the signatures do not match, or that the voter is not qualified to cast a ballot under this Article, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot. In addition to the voter's signatures not matching, a ballot subject to this Article may be rejected by the election judge or official: (1) if the ballot envelope is open or has been opened | | (2) if the voter has already cast an early or grace
| | (3) if the voter voted in person on election day or
| | the voter is not a duly registered voter in the precinct; or
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| (4) on any other basis set forth in this Code.
If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.
(g-5) If a ballot subject to this Article is rejected by the election judge or official for any reason, the election authority shall, within 2 days after the rejection but in all cases before the close of the period for counting provisional ballots, notify the voter that his or her ballot was rejected. The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. The election authority shall appoint a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the vote by mail voter. No more than 2 election judges on the reviewing panel shall be of the same political party. The reviewing panel of election judges shall make a final determination as to the validity of the contested ballot. The judges' determination shall not be reviewable either administratively or judicially.
A ballot subject to this subsection that is determined to be valid shall be counted before the close of the period for counting provisional ballots.
(g-10) All ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(h) Each political party,
candidate, and qualified civic organization shall be entitled to have
present one pollwatcher for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/20-9
(10 ILCS 5/20-9)
Sec. 20-9. (Repealed).
(Source: P.A. 87-1052. Repealed by P.A. 94-1000, eff. 7-3-06.)
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10 ILCS 5/20-10
(10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
Sec. 20-10.
Pollwatchers shall be
permitted to be present during the casting of the vote by mail voters' ballots, each political party, candidate and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned. Such pollwatchers shall be subject to the same provisions as are provided for pollwatchers in Sections 7-34 and 17-23 of this Code, and shall be permitted to observe the election judges making the signature comparison between that which is on the ballot envelope and that which is on the permanent voter registration record card taken from the master file.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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