[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 002 ] |
90_HB2814ham001
LRB9009129MWksam
1 AMENDMENT TO HOUSE BILL 2814
2 AMENDMENT NO. . Amend House Bill 2814 by replacing
3 the title with the following:
4 "AN ACT to amend the Election Code."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Election Code is amended by changing
8 Sections 7-47, 7-47.1, 17-12, 17-13, 18-5 and 18-5.1 and by
9 adding Sections 19-1.1 and 20-1.1 as follows:
10 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
11 Sec. 7-47. Folding and delivery of ballot; entry in
12 primary pollbook. Before leaving the booth, the primary
13 elector shall fold his primary ballot in such manner as to
14 conceal the marks thereon. The Such voter shall then vote by
15 depositing the forthwith by handing the primary judge the
16 primary ballot received by such voter. Thereupon the primary
17 judge shall deposit such primary ballot in the ballot box.
18 The primary judge may observe the voter while the ballot is
19 deposited in the ballot box. One of the judges shall
20 thereupon enter in the primary poll book the name of the
21 primary elector, his residence and his party affiliation or
-2- LRB9009129MWksam
1 shall make the entries on the official poll record as
2 required by articles 4, 5 and 6, if any one of them is
3 applicable.
4 Where voting machines or electronic voting systems are
5 used, the provisions of this Section may be modified as
6 required or authorized by Article 24 or Article 24A,
7 whichever is applicable.
8 (Source: Laws 1965, p. 2220.)
9 (10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
10 Sec. 7-47.1. (a) In the case of an emergency, as
11 determined by the State Board of Elections, or if the Board
12 determines that all potential polling places have been
13 surveyed by the election authority and that no accessible
14 polling place, as defined by rule of the State Board of
15 Elections, is available within a precinct nor is the election
16 authority able to make a polling place within the precinct
17 temporarily accessible, the Board, upon written application
18 by the election authority, is authorized to grant an
19 exemption from the accessibility requirements of the Federal
20 Voting Accessibility for the Elderly and Handicapped Act
21 (Public Law 98-435). Such exemption shall be valid for a
22 period of 2 years.
23 (b) Any temporarily or permanently physically disabled
24 voter who, because of structural features of the building in
25 which the polling place is located, is unable to access or
26 enter the polling place, may request that 2 judges of
27 election of opposite party affiliation deliver a ballot to
28 him or her at the point where he or she is unable to continue
29 forward motion toward the polling place; but, in no case,
30 shall a ballot be delivered to the voter beyond 50 feet of
31 the entrance to the building in which the polling place is
32 located. Such request shall be made to the election
33 authority not later than the close of business at the
-3- LRB9009129MWksam
1 election authority's office on the day before the election
2 and on a form prescribed by the State Board of Elections.
3 The election authority shall notify the judges of election
4 for the appropriate precinct polling places of such requests.
5 Weather permitting, 2 judges of election shall deliver to
6 the disabled voter the ballot which he or she is entitled to
7 vote, a portable voting booth or other enclosure that will
8 allow such voter to mark his or her ballot in secrecy, and a
9 marking device.
10 (c) The voter must complete the entire voting process,
11 including the application for ballot from which the judges of
12 election shall compare the voter's signature with the
13 signature on his or her registration record card in the
14 precinct binder.
15 After the voter has marked his or her ballot and placed
16 it in the ballot envelope (or folded it in the manner
17 prescribed for paper ballots), the 2 judges of election shall
18 return the ballot to the polling place and give it to the
19 judge in charge of the ballot box who shall deposit it
20 therein.
21 Pollwatchers as provided in Sections 7-34 and 17-23 of
22 this Code shall be permitted to accompany the judges and
23 observe the above procedure.
24 No assistance may be given to such voter in marking his
25 or her ballot, unless the voter requests assistance and
26 completes the affidavit required by Section 17-14 of this
27 Code.
28 The provisions of this amendatory Act of 1998 shall not
29 apply to this Section 7-47.1.
30 (Source: P.A. 84-808.)
31 (10 ILCS 5/17-12) (from Ch. 46, par. 17-12)
32 Sec. 17-12. Folding and delivery of ballot; entry in
33 pollbook. The ballot shall be folded by the voter and shown
-4- LRB9009129MWksam
1 delivered to one of the judges of election; and if the judge
2 be satisfied, that the person offering the vote is a legal
3 voter, the judges of election shall enter the name of the
4 voter, and his number, under the proper heading in the poll
5 books, (except as otherwise provided in Articles 4, 5 or 6)
6 and the voter shall immediately put the ballot into the
7 ballot box. The judge may observe the voter while the ballot
8 is deposited into the ballot box.
9 The voter shall in like manner fold and show to the
10 judges deliver the separate blue ballot or ballots pertaining
11 to a proposal or proposals for constitutional amendments or
12 the calling of a constitutional convention, if such proposal
13 or proposals have been submitted to a vote of the people at
14 such election and shall also in like manner fold and show to
15 the judges deliver the separate representative ballot
16 provided for in Article 8A in cases where that Article is
17 applicable. The judge of election to whom the voter shows
18 delivers his ballots shall not accept the same unless all of
19 the ballots given to the voter are returned by him. If a
20 voter shows the judge delivers less than all of the ballots
21 given to him, the judge to whom the same are offered shall
22 advise him in a voice clearly audible to the other judges of
23 election that the voter must return the remainder of the
24 ballots. The statement of the judge to the voter shall
25 clearly express the fact that the voter is not required to
26 vote such remaining ballots but that whether or not he votes
27 them he must fold and show deliver them to the judge. In
28 making such statement the judge of election shall not
29 indicate by word, gesture or intonation of voice that the
30 unreturned ballots shall be voted in any particular manner.
31 No new voter shall be permitted to enter the voting booth of
32 a voter who has failed to show the judge deliver the total
33 number of ballots received by him until such voter has
34 returned to the voting booth pursuant to the judge's request
-5- LRB9009129MWksam
1 and again quit the booth with all of the ballots required to
2 be returned by him. Upon receipt of all such ballots the
3 judges of election shall enter the name of the voter, and his
4 number, as above provided in this Section, and the voter
5 judge to whom the ballots are delivered shall immediately put
6 the ballots into the ballot box but, in the case of an
7 election for Representatives in the General Assembly pursuant
8 to Article 8A, the official representative ballot shall be
9 placed in the separate ballot box provided for such purpose.
10 If any voter who has failed to show the judges deliver all
11 the ballots received by him refuses to return to the voting
12 booth after being advised by the judge of election as herein
13 provided, the judge shall inform the other judges of such
14 refusal, and thereupon the ballot or ballots shown returned
15 to the judge shall be deposited in the ballot box by the
16 voter, the voter shall be permitted to depart from the
17 polling place, and a new voter shall be permitted to enter
18 the voting booth.
19 No judge of election shall accept from any voter less
20 than the full number of ballots received by such voter
21 without first advising the voter in the manner above provided
22 of the necessity of returning all of the ballots, nor shall
23 any judge advise such voter in a manner contrary to that
24 which is herein permitted, or in any other manner violate the
25 provisions of this Section; provided that the acceptance by a
26 judge of election of less than the full number of ballots
27 delivered to a voter who refuses to return to the voting
28 booth after being properly advised by the judge shall not be
29 a violation of this Section.
30 (Source: Laws 1964, 1st S.S., p. 711.)
31 (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
32 Sec. 17-13. (a) In the case of an emergency, as
33 determined by the State Board of Elections, or if the Board
-6- LRB9009129MWksam
1 determines that all potential polling places have been
2 surveyed by the election authority and that no accessible
3 polling place, as defined by rule of the State Board of
4 Elections, is available within a precinct nor is the election
5 authority able to make a polling place within the precinct
6 temporarily accessible, the Board, upon written application
7 by the election authority, is authorized to grant an
8 exemption from the accessibility requirements of the Federal
9 Voting Accessibility for the Elderly and Handicapped Act
10 (Public Law 98-435). Such exemption shall be valid for a
11 period of 2 years.
12 (b) Any temporarily or permanently physically disabled
13 voter who, because of structural features of the building in
14 which the polling place is located, is unable to access or
15 enter the polling place, may request that 2 judges of
16 election of opposite party affiliation deliver a ballot to
17 him or her at the point where he or she is unable to continue
18 forward motion toward the polling place; but, in no case,
19 shall a ballot be delivered to the voter beyond 50 feet of
20 the entrance to the building in which the polling place is
21 located. Such request shall be made to the election
22 authority not later than the close of business at the
23 election authority's office on the day before the election
24 and on a form prescribed by the State Board of Elections.
25 The election authority shall notify the judges of election
26 for the appropriate precinct polling places of such requests.
27 Weather permitting, 2 judges of election shall deliver to
28 the disabled voter the ballot which he or she is entitled to
29 vote, a portable voting booth or other enclosure that will
30 allow such voter to mark his or her ballot in secrecy, and a
31 marking device.
32 (c) The voter must complete the entire voting process,
33 including the application for ballot from which the judges of
34 election shall compare the voter's signature with the
-7- LRB9009129MWksam
1 signature on his or her registration record card in the
2 precinct binder.
3 After the voter has marked his or her ballot and placed
4 it in the ballot envelope (or folded it in the manner
5 prescribed for paper ballots), the 2 judges of election shall
6 return the ballot to the polling place and give it to the
7 judge in charge of the ballot box who shall deposit it
8 therein.
9 Pollwatchers as provided in Sections 7-34 and 17-23 of
10 this Code shall be permitted to accompany the judges and
11 observe the above procedure.
12 No assistance may be given to such voter in marking his
13 or her ballot, unless the voter requests assistance and
14 completes the affidavit required by Section 17-14 of this
15 Code.
16 The provisions of this amendatory Act of 1998 shall not
17 apply to this Section 17-13.
18 (Source: P.A. 84-808.)
19 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
20 Sec. 18-5. Questioning of person desiring to vote; oath;
21 folding and delivery of ballot. Any person desiring to vote
22 and whose name is found upon the register of voters by the
23 person having charge thereof, shall then be questioned by one
24 of the judges as to his nativity, his term of residence at
25 present address, precinct, State and United States, his age,
26 whether naturalized and if so the date of naturalization
27 papers and court from which secured, and he shall be asked to
28 state his residence when last previously registered and the
29 date of the election for which he then registered. The judges
30 of elections shall check each application for ballot against
31 the list of voters registered in that precinct to whom
32 absentee ballots have been issued for that election, which
33 shall be provided by the election authority and which list
-8- LRB9009129MWksam
1 shall be available for inspection by pollwatchers. A voter
2 applying to vote in the precinct on election day whose name
3 appears on the list as having been issued an absentee ballot
4 shall not be permitted to vote in the precinct unless that
5 voter submits to the judges of election, for cancellation or
6 revocation, his absentee ballot. In the case that the
7 voter's absentee ballot is not present in the polling place,
8 it shall be sufficient for any such voter to submit to the
9 judges of election in lieu of his absentee ballot, either a
10 portion of such ballot if torn or mutilated, an affidavit
11 executed before the judges of election specifying that the
12 voter never received an absentee ballot, or an affidavit
13 executed before the judges of election specifying that the
14 voter desires to cancel or revoke any absentee ballot that
15 may have been cast in the voter's name. If such person so
16 registered shall be challenged as disqualified, the party
17 challenging shall assign his reasons therefor, and thereupon
18 one of the judges shall administer to him an oath to answer
19 questions, and if he shall take the oath he shall then be
20 questioned by the judge or judges touching such cause of
21 challenge, and touching any other cause of disqualification.
22 And he may also be questioned by the person challenging him
23 in regard to his qualifications and identity. But if a
24 majority of the judges are of the opinion that he is the
25 person so registered and a qualified voter, his vote shall
26 then be received accordingly. But if his vote be rejected by
27 such judges, such person may afterward produce and deliver an
28 affidavit to such judges, subscribed and sworn to by him
29 before one of the judges, in which it shall be stated how
30 long he has resided in such precinct, and state; that he is a
31 citizen of the United States, and is a duly qualified voter
32 in such precinct, and that he is the identical person so
33 registered. In addition to such an affidavit, the person so
34 challenged shall provide to the judges of election proof of
-9- LRB9009129MWksam
1 residence by producing 2 forms of identification showing the
2 person's current residence address, provided that such
3 identification to the person at his current residence address
4 and postmarked not earlier than 30 days prior to the date of
5 the election, or the person shall procure a witness
6 personally known to the judges of election, and resident in
7 the precinct (or district), or who shall be proved by some
8 legal voter of such precinct or district, known to the judges
9 to be such, who shall take the oath following, viz:
10 I do solemnly swear (or affirm) that I am a resident of
11 this election precinct (or district), and entitled to vote at
12 this election, and that I have been a resident of this State
13 for 30 days last past, and am well acquainted with the person
14 whose vote is now offered; that he is an actual and bona fide
15 resident of this election precinct (or district), and has
16 resided herein 30 days, and as I verily believe, in this
17 State, 30 days next preceding this election.
18 The oath in each case may be administered by one of the
19 judges of election, or by any officer, resident in the
20 precinct or district, authorized by law to administer oaths.
21 Also supported by an affidavit by a registered voter residing
22 in such precinct, stating his own residence, and that he
23 knows such person; and that he does reside at the place
24 mentioned and has resided in such precinct and state for the
25 length of time as stated by such person, which shall be
26 subscribed and sworn to in the same way. Whereupon the vote
27 of such person shall be received, and entered as other votes.
28 But such judges, having charge of such registers, shall state
29 in their respective books the facts in such case, and the
30 affidavits, so delivered to the judges, shall be preserved
31 and returned to the office of the commissioners of election.
32 Blank affidavits of the character aforesaid shall be sent out
33 to the judges of all the precincts, and the judges of
34 election shall furnish the same on demand and administer the
-10- LRB9009129MWksam
1 oaths without criticism. Such oaths, if administered by any
2 other officer than such judge of election, shall not be
3 received. Whenever a proposal for a constitutional amendment
4 or for the calling of a constitutional convention is to be
5 voted upon at the election, the separate blue ballot or
6 ballots pertaining thereto shall be placed on top of the
7 other ballots to be voted at the election in such manner that
8 the legend appearing on the back thereof, as prescribed in
9 Section 16-6 of this Act, shall be plainly visible to the
10 voter, and in this fashion the ballots shall be handed to the
11 voter by the judge.
12 The voter shall, upon quitting the voting booth, show
13 deliver to one of the judges of election all of the ballots,
14 properly folded, which he received. The judge of election to
15 whom the voter shows delivers his ballots shall not accept
16 the same unless all of the ballots given to the voter are
17 returned by him. If a voter shows the judge delivers less
18 than all of the ballots given to him, the judge to whom the
19 same are offered shall advise him in a voice clearly audible
20 to the other judges of election that the voter must return
21 the remainder of the ballots. The statement of the judge to
22 the voter shall clearly express the fact that the voter is
23 not required to vote such remaining ballots but that whether
24 or not he votes them he must fold and show deliver them to
25 the judge. In making such statement the judge of election
26 shall not indicate by word, gesture or intonation of voice
27 that the unreturned ballots shall be voted in any particular
28 manner. No new voter shall be permitted to enter the voting
29 booth of a voter who has failed to show the judge deliver the
30 total number of ballots received by him until such voter has
31 returned to the voting booth pursuant to the judge's request
32 and again quit the booth with all of the ballots required to
33 be returned by him. Upon receipt of all such ballots the
34 judges of election shall enter the name of the voter, and his
-11- LRB9009129MWksam
1 number, as above provided in this Section, and the voter
2 judge to whom the ballots are delivered shall immediately put
3 the ballots into the ballot box. If any voter who has failed
4 to return deliver all the ballots received by him refuses to
5 return to the voting booth after being advised by the judge
6 of election as herein provided, the judge shall inform the
7 other judges of such refusal, and thereupon the ballot or
8 ballots shown returned to the judge shall be deposited in the
9 ballot box by the voter, the voter shall be permitted to
10 depart from the polling place, and a new voter shall be
11 permitted to enter the voting booth.
12 The judge of election who receives the ballot or ballots
13 from the voter shall announce the residence and name of such
14 voter in a loud voice. The voter judge shall put the ballot
15 or ballots received from the voter into the ballot box in the
16 presence of the voter and the judges of election, and in
17 plain view of the public. The judges having charge of such
18 registers shall then, in a column prepared thereon, in the
19 same line of, the name of the voter, mark "Voted" or the
20 letter "V".
21 No judge of election shall accept from any voter less
22 than the full number of ballots received by such voter
23 without first advising the voter in the manner above provided
24 of the necessity of returning all of the ballots, nor shall
25 any such judge advise such voter in a manner contrary to that
26 which is herein permitted, or in any other manner violate the
27 provisions of this Section; provided, that the acceptance by
28 a judge of election of less than the full number of ballots
29 delivered to a voter who refuses to return to the voting
30 booth after being properly advised by such judge shall not be
31 a violation of this Section.
32 (Source: P.A. 89-653, eff. 8-14-96.)
33 (10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
-12- LRB9009129MWksam
1 Sec. 18-5.1. The provisions of Section 17-13, insofar as
2 they may be made applicable to disabled voters in elections
3 under the jurisdiction of boards of election commissioners,
4 shall be applicable herein.
5 The provisions of this amendatory Act of 1998 shall not
6 apply to this Section 18-5.1.
7 (Source: P.A. 84-808.)
8 (10 ILCS 5/19-1.1 new)
9 Sec. 19-1.1. Applicability. The provisions of this
10 amendatory Act of 1998 shall not apply to this Article 19.
11 (10 ILCS 5/20-1.1 new)
12 Sec. 20-1.1. Applicability. The provisions of this
13 amendatory Act of 1998 shall not apply to this Article 20.".