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| [ Introduced ] | [ House Amendment 001 ] |
90_HB2814ham002
LRB9009129MWmbam01
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. Before leaving the booth, the primary elector
12 shall fold his or her primary ballot in such manner as to
13 conceal the marks thereon. The Such voter may shall then vote
14 forthwith by depositing the primary ballot in the ballot box
15 or by handing the primary judge the primary ballot received
16 by the such voter. If the voter hands the primary ballot to
17 the primary judge, thereupon the primary judge shall deposit
18 the such primary ballot in the ballot box. If the voter
19 deposits the ballot himself or herself, the primary judge
20 shall observe the voter while the ballot is deposited in the
21 ballot box. One of the judges shall thereupon enter in the
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1 primary poll book the name of the primary elector, his or her
2 residence and his or her party affiliation or shall make the
3 entries on the official poll record as required by Articles
4 4, 5 and 6, if any one of them is applicable.
5 Where voting machines or electronic voting systems are
6 used, the provisions of this Section may be modified as
7 required or authorized by Article 24 or Article 24A,
8 whichever is applicable.
9 (Source: Laws 1965, p. 2220.)
10 (10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
11 Sec. 7-47.1. (a) In the case of an emergency, as
12 determined by the State Board of Elections, or if the Board
13 determines that all potential polling places have been
14 surveyed by the election authority and that no accessible
15 polling place, as defined by rule of the State Board of
16 Elections, is available within a precinct nor is the election
17 authority able to make a polling place within the precinct
18 temporarily accessible, the Board, upon written application
19 by the election authority, is authorized to grant an
20 exemption from the accessibility requirements of the Federal
21 Voting Accessibility for the Elderly and Handicapped Act
22 (Public Law 98-435). Such exemption shall be valid for a
23 period of 2 years.
24 (b) Any temporarily or permanently physically disabled
25 voter who, because of structural features of the building in
26 which the polling place is located, is unable to access or
27 enter the polling place, may request that 2 judges of
28 election of opposite party affiliation deliver a ballot to
29 him or her at the point where he or she is unable to continue
30 forward motion toward the polling place; but, in no case,
31 shall a ballot be delivered to the voter beyond 50 feet of
32 the entrance to the building in which the polling place is
33 located. Such request shall be made to the election
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1 authority not later than the close of business at the
2 election authority's office on the day before the election
3 and on a form prescribed by the State Board of Elections.
4 The election authority shall notify the judges of election
5 for the appropriate precinct polling places of such requests.
6 Weather permitting, 2 judges of election shall deliver to
7 the disabled voter the ballot which he or she is entitled to
8 vote, a portable voting booth or other enclosure that will
9 allow such voter to mark his or her ballot in secrecy, and a
10 marking device.
11 (c) The voter must complete the entire voting process,
12 including the application for ballot from which the judges of
13 election shall compare the voter's signature with the
14 signature on his or her registration record card in the
15 precinct binder.
16 After the voter has marked his or her ballot and placed
17 it in the ballot envelope (or folded it in the manner
18 prescribed for paper ballots), the 2 judges of election shall
19 return the ballot to the polling place and give it to the
20 judge in charge of the ballot box who shall deposit it
21 therein.
22 Pollwatchers as provided in Sections 7-34 and 17-23 of
23 this Code shall be permitted to accompany the judges and
24 observe the above procedure.
25 No assistance may be given to such voter in marking his
26 or her ballot, unless the voter requests assistance and
27 completes the affidavit required by Section 17-14 of this
28 Code.
29 The provisions of this amendatory Act of 1998 shall not
30 apply to this Section 7-47.1.
31 (Source: P.A. 84-808.)
32 (10 ILCS 5/17-12) (from Ch. 46, par. 17-12)
33 Sec. 17-12. The ballot shall be folded by the voter and
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1 shown delivered to one of the judges of election; and if the
2 judge be satisfied, that the person offering the vote is a
3 legal voter, the judges of election shall enter the name of
4 the voter, and his or her number, under the proper heading in
5 the poll books, (except as otherwise provided in Articles 4,
6 5 or 6). The voter may then vote by depositing the ballot
7 into the ballot box or by handing the ballot to the judge.
8 If the voter hands the ballot to the judge, the judge and
9 shall immediately put the ballot into the ballot box. If the
10 voter deposits the ballot himself or herself, the judge shall
11 observe the voter while the ballot is deposited into the
12 ballot box.
13 The voter shall in like manner fold and show deliver the
14 separate blue ballot or ballots pertaining to a proposal or
15 proposals for constitutional amendments or the calling of a
16 constitutional convention, if such proposal or proposals have
17 been submitted to a vote of the people at such election and
18 shall also in like manner fold and show deliver the separate
19 representative ballot provided for in Article 8A in cases
20 where that Article is applicable. The judge of election to
21 whom the voter shows delivers his or her ballots shall not
22 accept the same unless all of the ballots given to the voter
23 are shown returned by him or her. If a voter shows delivers
24 less than all of the ballots given to him or her, the judge
25 to whom the same are offered shall advise him or her in a
26 voice clearly audible to the other judges of election that
27 the voter must show return the remainder of the ballots. The
28 statement of the judge to the voter shall clearly express the
29 fact that the voter is not required to vote such remaining
30 ballots but that whether or not he or she votes them he or
31 she must fold and show deliver them to the judge. In making
32 such statement the judge of election shall not indicate by
33 word, gesture or intonation of voice that the unreturned
34 ballots shall be voted in any particular manner. No new voter
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1 shall be permitted to enter the voting booth of a voter who
2 has failed to show deliver the total number of ballots
3 received by him or her until such voter has returned to the
4 voting booth pursuant to the judge's request and again quit
5 the booth with all of the ballots required to be shown
6 returned by him or her. Upon observing receipt of all such
7 ballots the judges of election shall enter the name of the
8 voter, and his or her number, as above provided in this
9 Section. The voter may then vote by depositing the ballots
10 into the ballot box or by handing the ballots to the judge.
11 If the voter hands the ballots to the judge, and the judge to
12 whom the ballots are handed delivered shall immediately put
13 the ballots into the ballot box. but, In the case of an
14 election for Representatives in the General Assembly pursuant
15 to Article 8A, the official representative ballot shall be
16 placed in the separate ballot box provided for such purpose
17 by either the voter or the judge. If the voter deposits the
18 ballots himself or herself, the judge shall observe the voter
19 while the ballots are deposited into the ballot box. If any
20 voter who has failed to show deliver all the ballots received
21 by him or her refuses to return to the voting booth after
22 being advised by the judge of election as herein provided,
23 the judge shall inform the other judges of such refusal, and
24 thereupon the ballot or ballots shown returned to the judge
25 shall be deposited in the ballot box by either the voter or
26 the judge as provided in this Section, the voter shall be
27 permitted to depart from the polling place, and a new voter
28 shall be permitted to enter the voting booth.
29 No judge of election shall accept from any voter less
30 than the full number of ballots received by such voter
31 without first advising the voter in the manner above provided
32 of the necessity of showing returning all of the ballots, nor
33 shall any judge advise such voter in a manner contrary to
34 that which is herein permitted, or in any other manner
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1 violate the provisions of this Section; provided that the
2 acceptance by a judge of election of less than the full
3 number of ballots delivered to a voter who refuses to return
4 to the voting booth after being properly advised by the judge
5 shall not be a violation of this Section.
6 (Source: Laws 1964, 1st S.S., p. 711.)
7 (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
8 Sec. 17-13. (a) In the case of an emergency, as
9 determined by the State Board of Elections, or if the Board
10 determines that all potential polling places have been
11 surveyed by the election authority and that no accessible
12 polling place, as defined by rule of the State Board of
13 Elections, is available within a precinct nor is the election
14 authority able to make a polling place within the precinct
15 temporarily accessible, the Board, upon written application
16 by the election authority, is authorized to grant an
17 exemption from the accessibility requirements of the Federal
18 Voting Accessibility for the Elderly and Handicapped Act
19 (Public Law 98-435). Such exemption shall be valid for a
20 period of 2 years.
21 (b) Any temporarily or permanently physically disabled
22 voter who, because of structural features of the building in
23 which the polling place is located, is unable to access or
24 enter the polling place, may request that 2 judges of
25 election of opposite party affiliation deliver a ballot to
26 him or her at the point where he or she is unable to continue
27 forward motion toward the polling place; but, in no case,
28 shall a ballot be delivered to the voter beyond 50 feet of
29 the entrance to the building in which the polling place is
30 located. Such request shall be made to the election
31 authority not later than the close of business at the
32 election authority's office on the day before the election
33 and on a form prescribed by the State Board of Elections.
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1 The election authority shall notify the judges of election
2 for the appropriate precinct polling places of such requests.
3 Weather permitting, 2 judges of election shall deliver to
4 the disabled voter the ballot which he or she is entitled to
5 vote, a portable voting booth or other enclosure that will
6 allow such voter to mark his or her ballot in secrecy, and a
7 marking device.
8 (c) The voter must complete the entire voting process,
9 including the application for ballot from which the judges of
10 election shall compare the voter's signature with the
11 signature on his or her registration record card in the
12 precinct binder.
13 After the voter has marked his or her ballot and placed
14 it in the ballot envelope (or folded it in the manner
15 prescribed for paper ballots), the 2 judges of election shall
16 return the ballot to the polling place and give it to the
17 judge in charge of the ballot box who shall deposit it
18 therein.
19 Pollwatchers as provided in Sections 7-34 and 17-23 of
20 this Code shall be permitted to accompany the judges and
21 observe the above procedure.
22 No assistance may be given to such voter in marking his
23 or her ballot, unless the voter requests assistance and
24 completes the affidavit required by Section 17-14 of this
25 Code.
26 The provisions of this amendatory Act of 1998 shall not
27 apply to this Section 17-13.
28 (Source: P.A. 84-808.)
29 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
30 Sec. 18-5. Any person desiring to vote and whose name is
31 found upon the register of voters by the person having charge
32 thereof, shall then be questioned by one of the judges as to
33 his or her nativity, his or her term of residence at present
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1 address, precinct, State and United States, his or her age,
2 whether naturalized and if so the date of naturalization
3 papers and court from which secured, and he or she shall be
4 asked to state his or her residence when last previously
5 registered and the date of the election for which he or she
6 then registered. The judges of elections shall check each
7 application for ballot against the list of voters registered
8 in that precinct to whom absentee ballots have been issued
9 for that election, which shall be provided by the election
10 authority and which list shall be available for inspection by
11 pollwatchers. A voter applying to vote in the precinct on
12 election day whose name appears on the list as having been
13 issued an absentee ballot shall not be permitted to vote in
14 the precinct unless that voter submits to the judges of
15 election, for cancellation or revocation, his or her absentee
16 ballot. In the case that the voter's absentee ballot is not
17 present in the polling place, it shall be sufficient for any
18 such voter to submit to the judges of election in lieu of his
19 or her absentee ballot, either a portion of such ballot if
20 torn or mutilated, an affidavit executed before the judges of
21 election specifying that the voter never received an absentee
22 ballot, or an affidavit executed before the judges of
23 election specifying that the voter desires to cancel or
24 revoke any absentee ballot that may have been cast in the
25 voter's name. If such person so registered shall be
26 challenged as disqualified, the party challenging shall
27 assign his or her reasons therefor, and thereupon one of the
28 judges shall administer to him or her an oath to answer
29 questions, and if he or she shall take the oath he or she
30 shall then be questioned by the judge or judges touching such
31 cause of challenge, and touching any other cause of
32 disqualification. And he or she may also be questioned by the
33 person challenging him or her in regard to his or her
34 qualifications and identity. But if a majority of the judges
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1 are of the opinion that he or she is the person so registered
2 and a qualified voter, his or her vote shall then be received
3 accordingly. But if his or her vote be rejected by such
4 judges, such person may afterward produce and deliver an
5 affidavit to such judges, subscribed and sworn to by him
6 before one of the judges, in which it shall be stated how
7 long he or she has resided in such precinct, and State; that
8 he or she is a citizen of the United States, and is a duly
9 qualified voter in such precinct, and that he or she is the
10 identical person so registered. In addition to such an
11 affidavit, the person so challenged shall provide to the
12 judges of election proof of residence by producing 2 forms of
13 identification showing the person's current residence
14 address, provided that such identification to the person at
15 his or her current residence address and postmarked not
16 earlier than 30 days prior to the date of the election, or
17 the person shall procure a witness personally known to the
18 judges of election, and resident in the precinct (or
19 district), or who shall be proved by some legal voter of such
20 precinct or district, known to the judges to be such, who
21 shall take the oath following, viz:
22 I do solemnly swear (or affirm) that I am a resident of
23 this election precinct (or district), and entitled to vote at
24 this election, and that I have been a resident of this State
25 for 30 days last past, and am well acquainted with the person
26 whose vote is now offered; that he is an actual and bona fide
27 resident of this election precinct (or district), and has
28 resided herein 30 days, and as I verily believe, in this
29 State, 30 days next preceding this election.
30 The oath in each case may be administered by one of the
31 judges of election, or by any officer, resident in the
32 precinct or district, authorized by law to administer oaths.
33 Also supported by an affidavit by a registered voter residing
34 in such precinct, stating his or her own residence, and that
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1 he knows such person; and that he does reside at the place
2 mentioned and has resided in such precinct and State for the
3 length of time as stated by such person, which shall be
4 subscribed and sworn to in the same way. Whereupon the vote
5 of such person shall be received, and entered as other votes.
6 But such judges, having charge of such registers, shall state
7 in their respective books the facts in such case, and the
8 affidavits, so delivered to the judges, shall be preserved
9 and returned to the office of the commissioners of election.
10 Blank affidavits of the character aforesaid shall be sent out
11 to the judges of all the precincts, and the judges of
12 election shall furnish the same on demand and administer the
13 oaths without criticism. Such oaths, if administered by any
14 other officer than such judge of election, shall not be
15 received. Whenever a proposal for a constitutional amendment
16 or for the calling of a constitutional convention is to be
17 voted upon at the election, the separate blue ballot or
18 ballots pertaining thereto shall be placed on top of the
19 other ballots to be voted at the election in such manner that
20 the legend appearing on the back thereof, as prescribed in
21 Section 16-6 of this Act, shall be plainly visible to the
22 voter, and in this fashion the ballots shall be handed to the
23 voter by the judge.
24 The voter shall, upon quitting the voting booth, show
25 deliver to one of the judges of election all of the ballots,
26 properly folded, which he or she received. The judge of
27 election to whom the voter shows delivers his or her ballots
28 shall not accept the same unless all of the ballots given to
29 the voter are returned by him or her. If a voter shows
30 delivers less than all of the ballots given to him or her,
31 the judge to whom the same are offered shall advise him or
32 her in a voice clearly audible to the other judges of
33 election that the voter must show return the remainder of the
34 ballots. The statement of the judge to the voter shall
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1 clearly express the fact that the voter is not required to
2 vote such remaining ballots but that whether or not he or she
3 votes them he or she must fold and show deliver them to the
4 judge. In making such statement the judge of election shall
5 not indicate by word, gesture or intonation of voice that the
6 unreturned ballots shall be voted in any particular manner.
7 No new voter shall be permitted to enter the voting booth of
8 a voter who has failed to show deliver the total number of
9 ballots received by him or her until the such voter has
10 returned to the voting booth pursuant to the judge's request
11 and again quit the booth with all of the ballots required to
12 be shown returned by him or her. Upon observing receipt of
13 all such ballots the judges of election shall enter the name
14 of the voter, and his or her number, as above provided in
15 this Section. The voter may then vote by depositing the
16 ballots into the ballot box or by handing the ballots to the
17 judge. If the voter hands the ballots to the judge, and the
18 judge to whom the ballots are handed delivered shall
19 immediately put the ballots into the ballot box. If the voter
20 deposits the ballots himself or herself, the judge shall
21 observe the voter while the ballots are deposited into the
22 ballot box. If any voter who has failed to show deliver all
23 the ballots received by him or her refuses to return to the
24 voting booth after being advised by the judge of election as
25 herein provided, the judge shall inform the other judges of
26 such refusal, and thereupon the ballot or ballots shown
27 returned to the judge shall be deposited in the ballot box by
28 either the voter or the judge as provided in this Section,
29 the voter shall be permitted to depart from the polling
30 place, and a new voter shall be permitted to enter the voting
31 booth.
32 The judge of election who is shown receives the ballot or
33 ballots from the voter shall announce the residence and name
34 of such voter in a loud voice. The voter or the judge shall
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1 put the ballot or ballots into the ballot box in the presence
2 of the voter and the judges of election, and in plain view of
3 the public. If the voter deposits the ballots into the ballot
4 box, the judge shall observe the voter while the ballots are
5 deposited. The judges having charge of such registers shall
6 then, in a column prepared thereon, in the same line of, the
7 name of the voter, mark "Voted" or the letter "V".
8 No judge of election shall accept from any voter less
9 than the full number of ballots received by such voter
10 without first advising the voter in the manner above provided
11 of the necessity of showing returning all of the ballots, nor
12 shall any such judge advise such voter in a manner contrary
13 to that which is herein permitted, or in any other manner
14 violate the provisions of this Section; provided, that the
15 acceptance by a judge of election of less than the full
16 number of ballots delivered to a voter who refuses to return
17 to the voting booth after being properly advised by such
18 judge shall not be a violation of this Section.
19 (Source: P.A. 89-653, eff. 8-14-96.)
20 (10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
21 Sec. 18-5.1. The provisions of Section 17-13, insofar as
22 they may be made applicable to disabled voters in elections
23 under the jurisdiction of boards of election commissioners,
24 shall be applicable herein.
25 The provisions of this amendatory Act of 1998 shall not
26 apply to this Section 18-5.1.
27 (Source: P.A. 84-808.)
28 (10 ILCS 5/19-1.1 new)
29 Sec. 19-1.1. Applicability. The provisions of this
30 amendatory Act of 1998 shall not apply to this Article 19.
31 (10 ILCS 5/20-1.1 new)
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1 Sec. 20-1.1. Applicability. The provisions of this
2 amendatory Act of 1998 shall not apply to this Article 20.".