State of Illinois
91st General Assembly
Legislation

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91_HB4632

 
                                              LRB9112219JMmbB

 1        AN ACT to amend the Election Code.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Election  Code  is amended by changing
 5    Sections 19-1, 19-2, 19-3, and 19-5 as follows:

 6        (10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
 7        Sec.  19-1.   Any  qualified  elector  of  the  State  of
 8    Illinois  having duly registered where such  registration  is
 9    required who is of the age of 65 or more years or who expects
10    to  be  absent  from  the  county  in which he is a qualified
11    elector or who because of being appointed a judge of election
12    in a precinct other than the precinct in which he resides  or
13    who  because  of  physical  incapacity  or  the tenets of his
14    religion in the observance of  a  religious  holiday  or  who
15    because  of  election  duties  for  the office of an Election
16    Authority or the State Board of Elections or who  because  of
17    election  duties  for a law enforcement agency, including but
18    not limited to the offices of the Attorney General, a State's
19    Attorney, a United States Attorney, or a  State,  county,  or
20    municipal   police   department,   or   who,  because  he  is
21    temporarily abiding outside  the  precinct  in  which  he  is
22    registered  to vote due to the fact he is a student attending
23    an institution of higher education or who  is  serving  as  a
24    sequestered  juror on a State or federal jury, will be unable
25    to be present at the polls on the day of holding any special,
26    general  or  primary  election  at  which  any   presidential
27    preference  is  indicated  or  any  candidates  are chosen or
28    elected, for  any  congressional,  State,  district,  county,
29    town, city, village, precinct or judicial offices or at which
30    questions  of  public  policy are submitted, may vote at such
31    election as hereinafter in this Article provided.
 
                            -2-               LRB9112219JMmbB
 1        Each Election Authority, law enforcement agency, and  the
 2    State  Board  of  Elections  shall compile and keep current a
 3    list of his or its officers or employees who are eligible  to
 4    vote under this Article by reason of election duties.
 5        For   purposes   of   this   Article   19,  a  physically
 6    incapacitated voter marks his or her ballot "personally" when
 7    the voter exercises his or her physical  abilities  to  their
 8    reasonable   limit   in   marking  the  ballot,  and  marking
 9    personally may include instructing the person  assisting  the
10    incapacitated  voter  when giving such instruction represents
11    the reasonable limit of the physical abilities.
12    (Source: P.A. 86-873; 86-875; 86-1028.)

13        (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
14        Sec. 19-2.   Any elector as defined in Section  19-1  who
15    is of the age of 65 or older or who is expecting to be absent
16    from  the  county  of  his  residence or any such elector who
17    because of being appointed a judge of election in a  precinct
18    other than the precinct in which he resides or who because of
19    physical  incapacity  or  the  tenets  of his religion in the
20    observance of a religious holiday or who because of  election
21    duties  for  the  office  of an Election Authority, the State
22    Board of Elections, or  a  law  enforcement  agency  will  be
23    unable to be present at the polls on the day of such election
24    may  by  mail, not more than 40 nor less than 5 days prior to
25    the date of such election, or by personal delivery  not  more
26    than  40  nor  less  than  one  day prior to the date of such
27    election, make application to the  county  clerk  or  to  the
28    Board  of  Election  Commissioners for an official ballot for
29    the voter's precinct to be voted at such election.
30    (Source: P.A. 84-808.)

31        (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
32        Sec. 19-3.  Application for such ballot shall be made  on
 
                            -3-               LRB9112219JMmbB
 1    blanks   to  be  furnished  by  the  election  authority  and
 2    duplication of such application  for  ballot  is  prohibited,
 3    except by the election authority.  The application for ballot
 4    shall be substantially in the following form:
 5                       APPLICATION FOR BALLOT
 6                    BY ELECTOR WHO EXPECTS TO BE
 7                         ABSENT FROM COUNTY
 8        To  be  voted  at the .... election in the County of ....
 9    and State of Illinois,  in  the  ....  precinct  of  the  (1)
10    *township  of .... (2) *City of .... or (3) *.... ward in the
11    City of ....
12        I state that I am a resident of the .... precinct of  the
13    (1)  *township of .... (2) *City of .... or (3) *.... ward in
14    the city of .... residing at .... in such city or town in the
15    county of .... and State of Illinois; that I  have  lived  at
16    such  address for .... month(s) last past; that I am lawfully
17    entitled to vote in such precinct at the .... election to  be
18    held  therein  on  ....;  that I expect to be absent from the
19    county of my residence on the date of holding such  election,
20    and that I will have no opportunity to vote in person on that
21    day.
22        I  hereby  make  application  for  an  official ballot or
23    ballots to be voted by me at such election  if  I  am  absent
24    from  the  county  of  my residence, and I agree that I shall
25    return such ballot or ballots to  the  official  issuing  the
26    same  prior  to  the  closing of the polls on the date of the
27    election.
28        Under penalties as provided by law  pursuant  to  Section
29    29-10  of  The  Election Code, the undersigned certifies that
30    the statements set forth in this  application  are  true  and
31    correct.
32                                ....
33                  *fill in either (1), (2) or (3).
34           Post office address to which ballot is mailed:
 
                            -4-               LRB9112219JMmbB
 1    .............................................................
 2        However,  if  application  is made for a primary election
 3    ballot, such application shall  designate  the  name  of  the
 4    political party with which the applicant is affiliated.
 5                       APPLICATION FOR BALLOT
 6                 BY ELECTOR WHO IS JUDGE OF ELECTION
 7                IN A PRECINCT OTHER THAN THE PRECINCT
 8                         IN WHICH HE RESIDES
 9        To  be  voted  at the .... election in the County of ....
10    and State of Illinois,  in  the  ....  precinct  of  the  (1)
11    *township  of .... (2) *City of .... or (3) *.... ward in the
12    City of ....
13        I state that I am affiliated with the .... party  (to  be
14    used  in  primary  elections) and that I am a resident of the
15    .... precinct of the (1) *township of .... (2) *City of  ....
16    or  (3)  *....  ward  in the city of .... residing at .... in
17    such city or  town  in  the  county  of  ....  and  State  of
18    Illinois; that I have lived at such address for .... month(s)
19    last  past;  that  I  am  lawfully  entitled  to vote in such
20    precinct at the .... election to be  held  therein  on  ....;
21    that  I  am  a  judge of election in .... precinct or the (1)
22    *.... ward in the city of .... or (2) *township  of  ....  or
23    (3)  *city,  village  or  incorporated  town  of .... in such
24    county and that I will  have  no  opportunity  of  voting  in
25    person on that day:
26        I  hereby  make  application  for  an  official ballot or
27    ballots to be voted by me at such election if I  serve  as  a
28    judge  of  election  in such last named precinct, and I agree
29    that I shall return such ballot or ballots  to  the  official
30    issuing  the  same  prior  to the closing of the polls on the
31    date of the election.
32        Under penalties as provided by law  pursuant  to  Section
33    29-10  of  The  Election Code, the undersigned certifies that
34    the statements set forth in this  application  are  true  and
 
                            -5-               LRB9112219JMmbB
 1    correct.
 2                                ....
 3                  *fill in either (1), (2) or (3).
 4           Post office address to which ballot is mailed:
 5                                ....
 6                       APPLICATION FOR BALLOT
 7                 BY PHYSICALLY INCAPACITATED ELECTOR
 8        To  be  voted  at the .... election in the County of ....
 9    and State of Illinois,  in  the  ....  precinct  of  the  (1)
10    *township  of .... (2) *City of .... or (3) *.... ward in the
11    City of ....
12        I state that I am affiliated with the .... party  (to  be
13    used  in  primary  elections) and that I am a resident of the
14    .... precinct of the (1) *township of .... (2) *City of  ....
15    or  (3)  *....  ward  in the city of .... residing at .... in
16    such city or  town  in  the  county  of  ....  and  State  of
17    Illinois; that I have lived at such address for .... month(s)
18    last  past;  that  I  am  lawfully  entitled  to vote in such
19    precinct at the .... election to be  held  therein  on  ....;
20    that  I shall be physically incapable of being present at the
21    polls of such precinct on the date of holding  such  election
22    for the following reasons:
23        I  hereby  make  application  for  an  official ballot or
24    ballots to be voted by  me  at  such  election  if  I  am  so
25    physically  incapacitated,  and  I  agree that I shall return
26    such ballot or ballots to the official issuing the same prior
27    to the closing of the polls on the date of election.
28        Under penalties as provided by law  pursuant  to  Section
29    29-10  of  The  Election Code, the undersigned certifies that
30    the statements set forth in this  application  are  true  and
31    correct.
32                                ....
33                  *fill in either (1), (2) or (3).
34           Post office address to which ballot is mailed:
 
                            -6-               LRB9112219JMmbB
 1    .............................................................
 2                       APPLICATION FOR BALLOT
 3                  BY ELECTOR 65 YEARS OLD OR OLDER
 4        To  be  voted  at the .... election in the County of ....
 5    and State of Illinois,  in  the  ....  precinct  of  the  (1)
 6    *township  of .... (2) *City of .... or (3) *.... ward in the
 7    City of ....
 8        I state that I am affiliated with the .... party  (to  be
 9    used  in  primary  elections) and that I am a resident of the
10    .... precinct of the (1) *township of .... (2) *City of  ....
11    or  (3)  *....  ward  in the city of .... residing at .... in
12    such city or  town  in  the  county  of  ....  and  State  of
13    Illinois; that I have lived at such address for .... month(s)
14    last  past;  that  I  am  lawfully  entitled  to vote in such
15    precinct at the .... election to be  held  therein  on  ....;
16    that  I am (or will be on the date of said election) 65 years
17    old or older.
18        I hereby make  application  for  an  official  ballot  or
19    ballots  to  be voted by me at such election because I am (or
20    will be on the date of said election) 65 years old or  older,
21    and I agree that I shall return such ballot or ballots to the
22    official  issuing  the same prior to the closing of the polls
23    on the date of election.
24        Under penalties as provided by law  pursuant  to  Section
25    29-10  of  the  Election Code, the undersigned certifies that
26    the statements set forth in this  application  are  true  and
27    correct.
28                                ....
29                  *fill in either (1), (2), or (3).
30           Post office address to which ballot is mailed:
31    .............................................................
32                       APPLICATION FOR BALLOT
33               BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
34        To  be  voted  at the .... election in the county of ....
 
                            -7-               LRB9112219JMmbB
 1    State of Illinois, in the .... precinct (1) *township of ....
 2    (2) *City of .... or (3) *.... ward in the City of ....
 3        I state that I am affiliated with the .... party  (to  be
 4    used  in  primary  elections) and that I am a resident of the
 5    .... precinct of the (1) *township of .... (2) *City of  ....
 6    or  (3)  *....  ward  in the city of .... residing at .... in
 7    such city or  town  in  the  county  of  ....  and  State  of
 8    Illinois; that I have lived at such address for .... month(s)
 9    past, that I am lawfully entitled to vote in such precinct at
10    the .... election to be held therein on ....; that I shall be
11    unable  to  be  present  at the polls of such precinct on the
12    date of holding such election because of  the  tenets  of  my
13    religion in the observance of a religious holiday.
14        I  hereby  make  application  for  an  official ballot or
15    ballots to be voted by me at such election if I am so  unable
16    to  be  present  at the polls of such precinct on the date of
17    the election because of the tenets  of  my  religion  in  the
18    observance  of  a religious holiday, and I agree that I shall
19    return the ballot or ballots to the official issuing the same
20    prior to the  closing  of  the  polls  on  the  date  of  the
21    election.
22        Under  penalties  as  provided by law pursuant to Section
23    29-10 of The Election Code, the  undersigned  certifies  that
24    the  statements  set  forth  in this application are true and
25    correct.
26                                ....
27                  *fill in either (1), (2) or (3).
28           Post office address to which ballot is mailed:
29    .............................................................
30                       APPLICATION FOR BALLOT
31               BY ELECTOR WHO IS AN ELECTION EMPLOYEE
32                OF STATE'S ATTORNEY, COUNTY CLERK OR
33                   BOARD OF ELECTION COMMISSIONERS
34        To be voted at the .... election in the  County  of  ....
 
                            -8-               LRB9112219JMmbB
 1    and  State  of  Illinois,  in  the  ....  precinct of the (1)
 2    *township of .... (2) *City of .... or (3) *.... ward in  the
 3    City of ....
 4        I  state that I am a resident of the .... precinct of the
 5    (1) *township of .... (2) *City of .... or (3) *.... ward  in
 6    the city of .... residing at .... in such city or town in the
 7    county  of  ....  and State of Illinois; that I have lived at
 8    such address for .... month(s) last past; that I am  lawfully
 9    entitled  to vote in such precinct at the .... election to be
10    held therein on ....; that I am employed in the office of the
11    (State's Attorney of  ....  County)  (County  Clerk  of  ....
12    County)  (Board  of  Election  Commissioners  of  the  (City)
13    (County)  of  .... and that because of election duties on the
14    date of holding such election I will have no  opportunity  to
15    vote in person on that day.
16        I  hereby  make  application  for  an  official ballot or
17    ballots to be voted by me at such election, and I agree  that
18    I shall return such ballot or ballots to the official issuing
19    the same prior to the closing of the polls on the date of the
20    election.
21        Under  penalties  as  provided by law pursuant to Section
22    29-10 of The Election Code, the  undersigned  certifies  that
23    the  statements  set  forth  in this application are true and
24    correct.
25                                ....
26                  *fill in either (1), (2) or (3).
27           Post office address to which ballot is mailed:
28    .............................................................
29        Provided, that if  application  be  made  for  a  primary
30    election ballot, such application shall designate the name of
31    the political party with which the applicant is affiliated.
32                           APPLICATION FOR
33                  TEMPORARILY ABSENT STUDENT BALLOT
34        To  be  voted  at the .... election in the County of ....
 
                            -9-               LRB9112219JMmbB
 1    and State of Illinois,  in  the  ....  precinct  of  the  (1)
 2    *township  of .... (2) *City of .... or (3) *.... ward in the
 3    City of ....
 4        I state that I am a resident of the .... precinct of  the
 5    (1)  *township of .... (2) *City of .... or (3) *.... ward in
 6    the city of .... residing at .... in such city or town in the
 7    county of .... and State of Illinois; that I  have  lived  at
 8    such  address for .... month(s) last past; that I am lawfully
 9    entitled to vote in such precinct at the .... election to  be
10    held  therein  on ....; that I am temporarily abiding outside
11    such precinct in the (1) *township of .... (2) *City of  ....
12    in  the county of .... and State of .... due to the fact I am
13    a student attending an institution of higher  education,  and
14    for  that reason do not expect to have an opportunity to vote
15    in person on that day.
16        I hereby make  application  for  an  official  ballot  or
17    ballots  to  be  voted  by me at such election if I am absent
18    from the precinct of my residence, and I agree that  I  shall
19    return  such  ballot  or  ballots to the official issuing the
20    same prior to the closing of the polls on  the  date  of  the
21    election.
22        Under  penalties  as  provided by law pursuant to Section
23    29-10 of The Election Code, the  undersigned  certifies  that
24    the  statements  set  forth  in this application are true and
25    correct.
26                      .........................
27                  *fill in either (1), (2) or (3).
28           Post office address to which ballot is mailed:
29    .............................................................
30        However, if application is made for  a  primary  election
31    ballot,  such  application  shall  designate  the name of the
32    political party with which the applicant is affiliated.
33        In lieu of the  separate  application  blanks  heretofore
34    prescribed,  the  election  authority  may  adopt  a standard
 
                            -10-              LRB9112219JMmbB
 1    application blank in substantially the following form for all
 2    categories of absentee voters:
 3                           APPLICATION FOR
 4                        ABSENT VOTER'S BALLOT
 5        To be voted at the .......  election  in  the  County  of
 6    .......  and State of Illinois, in the ...... precinct of the
 7    (1) *township of ...... (2) *City of ......  or  (3)  *......
 8    ward in the City of ............
 9        I  state  that  I am a resident of the ...... precinct of
10    the (1) *township of ...... (2)  *City  of  ........  or  (3)
11    *........  ward  in the City of ...... residing at ..........
12    in such city or town in the county of  ......  and  State  of
13    Illinois; that I have lived at such address for ...... months
14    last  past;  that  I  am  lawfully  entitled  to vote in such
15    precinct at a ...... election to be held therein  on  ......;
16    and  that  (1) I am (or will be on the date of said election)
17    65 years old or older or (2) I will  be  unable  to  vote  in
18    person  at  the  polls  of  such  precinct  for the following
19    reasons:
20    (Check One)
21             I expect to be absent from my county of residence.
22             I expect to be temporarily absent from the country.
23             I shall be serving as a judge of election in the
24             ........ precinct which is not my precinct of
25             residence.
26             I shall be observing a religious holiday in
27             accordance with the tenets of my religion.
28             I shall be performing official election duties
29             for an Election Authority ....................,
30                                       (election authority)
31             .................... or the State Board of Elections.
32             (location)
33             I shall be performing election law enforcement
34             duties in the employment of ......................,
 
                            -11-              LRB9112219JMmbB
 1                                        (law enforcement agency)
 2             ................
 3             (location)
 4             I am temporarily abiding in  the  (1)  *township  of
 5                  .... (2) *city of ....in the county of .... and
 6             State  of  ....  due  to  the  fact  I  am a student
 7                      attending   an   institution   of    higher
 8    education.
 9             I am physically incapacitated.
10             Reason(s):
11             I have been called for jury duty on said day by
12             ..................
13             (court jurisdiction)
14        I  hereby  make  application  for  an  official ballot or
15    ballots to be voted by me at such election and agree  that  I
16    shall  return  the ballot or ballots to the election official
17    issuing the same in sufficient  time  for  such  official  to
18    deliver  the  ballot  or  ballots to the proper polling place
19    prior to the  closing  of  the  polls  on  the  date  of  the
20    election.
21        Under  penalties  as  provided by law pursuant to Section
22    29-10 of the Election Code, the  undersigned  certifies  that
23    the  statements  set  forth  in this application are true and
24    correct.
25                                         ........................
26    *fill in either (1), (2) or (3). Post office address to which
27    ballot is mailed:
28                                         ........................
29        Provided, that if  application  is  made  for  a  primary
30    election,  such  application  shall designate the name of the
31    political party with which applicant is affiliated.
32    (Source: P.A. 86-873; 86-875; 86-1028.)

33        (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
 
                            -12-              LRB9112219JMmbB
 1        Sec.  19-5.   It  shall  be  the  duty  of  the  election
 2    authority to  fold  the  ballot  or  ballots  in  the  manner
 3    specified  by  the statute for folding ballots prior to their
 4    deposit in the ballot box, and  to  enclose  such  ballot  or
 5    ballots in an envelope unsealed to be furnished by him, which
 6    envelope  shall bear upon the face thereof the name, official
 7    title and post office address of the election authority,  and
 8    upon  the other side if the ballot is to go to an elector who
 9    is to be out of the county on  the  day  of  the  election  a
10    printed certification in substantially the following form:
11        I  state that I am a resident of the .... precinct of the
12    (1) *township of .... (2) *City of .... or (3) *.... ward  in
13    the city of .... residing at .... in such city or town in the
14    county  of  ....  and State of Illinois, that I have lived at
15    such address for .... months last past; that  I  am  lawfully
16    entitled  to vote in such precinct at the .... election to be
17    held on ....; and I expect to be absent from the county of my
18    residence on the date of such election.
19    *fill in either (1), (2) or (3).
20        I further state that I  personally  marked  the  enclosed
21    ballot in secret.
22        Under penalties of perjury as provided by law pursuant to
23    Section 29-10 of The Election Code, the undersigned certifies
24    that  the statements set forth in this certification are true
25    and correct.
26                                          .......................
27        If the ballot is to go to an elector  who  is  physically
28    incapacitated the envelope shall bear upon the back thereof a
29    certification in substantially the following form:
30        I  state that I am a resident of the .... precinct of the
31    (1) *township of .... (2) *City of .... or (3) *.... ward  in
32    the city of .... residing at .... in such city or town in the
33    county  of  ....  and State of Illinois, that I have lived at
34    such address for .... months last past; that  I  am  lawfully
 
                            -13-              LRB9112219JMmbB
 1    entitled  to vote in such precinct at the .... election to be
 2    held on ....; that I shall be physically incapable  of  being
 3    present  at the polls of such precinct on the date of holding
 4    such election.
 5    *fill in either (1), (2) or (3).
 6        I further state that I  personally  marked  the  enclosed
 7    ballot  in  secret.  If  I  received assistance in casting my
 8    ballot, I further attest that, due to physical incapacity,  I
 9    marked the enclosed ballot in secret with the assistance of
10                                .................................
11                                (Individual rendering assistance)
12                                .................................
13                                              (Residence Address)
14        Under  penalties  of perjury  as provided by law pursuant
15    to Section  29-10  of  The  Election  Code,  the  undersigned
16    certifies that the statements set forth in this certification
17    are true and correct.
18                                          .......................
19        In  the  case of a voter who is voting absentee by reason
20    of physical incapacity, marking a ballot in  secret  includes
21    marking  a  ballot with the assistance of another individual,
22    other than a candidate  whose  name  appears  on  the  ballot
23    (unless  the voter is the spouse or a parent, child, brother,
24    or sister of the candidate), the voter's employer,  an  agent
25    of that employer or an officer or agent of the voter's union,
26    when   the  voter's  physical  incapacity  necessitates  such
27    assistance.
28        If the ballot is to go to an elector who is 65 years  old
29    or  older,  the  envelope  shall bear upon the back thereof a
30    certification in substantially the following form:
31        I state that I am a resident of the .... precinct of  the
32    (1)  *township of .... (2) *City of .... or (3) *.... ward in
33    the city of .... residing at .... in said city or town in the
34    county of .... and State of Illinois, that I  have  lived  at
 
                            -14-              LRB9112219JMmbB
 1    such  address  for  .... months last past; that I am lawfully
 2    entitled to vote in such precinct at the .... election to  be
 3    held  on  ....;  that  I  am  (or will be on the date of said
 4    election) 65 years old or older.
 5    *fill in either (1), (2), or (3).
 6        I further state that I  personally  marked  the  enclosed
 7    ballot in secret.
 8        Under penalties of perjury as provided by law pursuant to
 9    Section 29-10 of the Election Code, the undersigned certifies
10    that  the statements set forth in this certification are true
11    and correct.
12                                           ......................
13        If the ballot is to go to an elector who is unable to  be
14    present  at  the polls on the date of the election because of
15    the observance of a religious  holiday,  the  envelope  shall
16    bear  upon  the back thereof a certification in substantially
17    the following form:
18        I state that I am a resident of the .... precinct of  the
19    (1)  *township of .... (2) *City of .... or (3) *.... ward in
20    the city of .... residing at .... in said city or town in the
21    county of .... and State of Illinois, that I  have  lived  at
22    such  address  for  .... months last past; that I am lawfully
23    entitled to vote in such precinct at the .... election to  be
24    held  on  ....;  that  I shall be unable to be present at the
25    polls of such precinct on the date of holding  such  election
26    because  of  the tenets of my religion in the observance of a
27    religious holiday.
28    *fill in either (1), (2) or (3).
29        I further state that I  personally  marked  the  enclosed
30    ballot in secret.
31        Under penalties of perjury as provided by law pursuant to
32    Section 29-10 of The Election Code, the undersigned certifies
33    that  the statements set forth in this certification are true
34    and correct.
 
                            -15-              LRB9112219JMmbB
 1                                           ......................
 2        If the ballot is to go to an elector who  is  temporarily
 3    abiding  outside  the  precinct  in which he is registered to
 4    vote due to the fact he is a student attending an institution
 5    of higher education the envelope shall  bear  upon  the  back
 6    thereof a certification in substantially the following form:
 7        I  state that I am a resident of the .... precinct of the
 8    (1) *township of .... (2) *City of .... or (3) *.... ward  in
 9    the city of .... residing at .... in such city or town in the
10    county  of  ....  and State of Illinois, that I have lived at
11    such address for .... months last past; that  I  am  lawfully
12    entitled  to vote in such precinct at the .... election to be
13    held on ....; and I expect to be absent from the precinct  of
14    my  residence  on  the  date  of  such  election because I am
15    temporarily  abiding  outside  such  precinct  in   the   (1)
16    *township of .... (2) *city of .... in the county of .... and
17    State  of  ....  due  to the fact I am a student attending an
18    institution of higher education.
19    *fill in either (1), (2) or (3).
20        I further state that I  personally  marked  the  enclosed
21    ballot in secret.
22        Under penalties of perjury as provided by law pursuant to
23    Section 29-10 of The Election Code, the undersigned certifies
24    that  the statements set forth in this certification are true
25    and correct.
26                                          .......................
27        If the election authority adopts  the  standard  absentee
28    ballot  application  blank  provided  in  Section  19-3,  the
29    printed  certification  on the absentee ballot envelope shall
30    be in substantially the following form:
31        I state that I am a resident of the  ......  precinct  of
32    the (1) *township of.....  (2) *City of ..... or (3) *.......
33    ward in the city of ....... residing at ..... in said city or
34    town  in  the  county of ...... and State of Illinois, that I
 
                            -16-              LRB9112219JMmbB
 1    have lived at such address for .... months last past; that  I
 2    shall  be  unable to be present at the polls of such precinct
 3    on the date of holding such election for the reason indicated
 4    on the application for ballot enclosed herein.
 5    *fill in either (1), (2) or (3).
 6        I further state that I  personally  marked  the  enclosed
 7    ballot  in  secret.  If  I  received assistance in casting my
 8    ballot, I further attest that, due to physical incapacity,  I
 9    marked the enclosed ballot in secret with the assistance of
10                                .................................
11                                (Individual rendering assistance)
12                                .................................
13                                              (Residence Address)
14        Under  penalties  of  perjury provided by law pursuant to
15    Section 29-10 of the Election Code, the undersigned certifies
16    that the statements set forth in this certification are  true
17    and correct.
18                                          .......................
19        In  the  case of a voter who is voting absentee by reason
20    of physical incapacity, marking a ballot in  secret  includes
21    marking  a  ballot with the assistance of another individual,
22    other than a candidate  whose  name  appears  on  the  ballot
23    (unless  the voter is the spouse or a parent, child, brother,
24    or sister of the candidate), the voter's employer,  an  agent
25    of  that  employer,  or  an  officer  or agent of the voter's
26    union, when the voter's physical incapacity necessitates such
27    assistance.
28        Provided, that if the ballot enclosed is to be voted at a
29    primary election, the certification shall designate the  name
30    of the political party with which the voter is affiliated.
31        In  addition  to  the above, the election authority shall
32    provide printed slips giving full instructions regarding  the
33    manner  of marking and returning the ballot in order that the
34    same may be counted, and shall furnish one  of  such  printed
 
                            -17-              LRB9112219JMmbB
 1    slips  to each of such applicants at the same time the ballot
 2    is delivered to him.  Such  instructions  shall  include  the
 3    following  statement:  "In  signing  the certification on the
 4    absentee  ballot  envelope,  you  are  attesting   that   you
 5    personally marked this absentee ballot in secret.  If you are
 6    physically  unable  to  mark the ballot, a friend or relative
 7    may assist  you  after  completing  the  enclosed  affidavit.
 8    Federal  and  State  laws  prohibit  a  candidate  whose name
 9    appears on the ballot (unless you are the spouse or a parent,
10    child, brother, or sister of the candidate),  your  employer,
11    your  employer's  agent  or an officer or agent of your union
12    from assisting physically disabled voters."
13        In addition to the above, if a ballot to be  provided  to
14    an  elector  pursuant  to  this  Section  contains  a  public
15    question  described in subsection (b) of Section 28-6 and the
16    territory concerning which the question is to be submitted is
17    not described on the ballot due to the space  limitations  of
18    such  ballot,  the election authority shall provide a printed
19    copy of a notice of the public question, which shall  include
20    a  description  of  the  territory  in the manner required by
21    Section 16-7.  The notice shall be furnished to  the  elector
22    at the same time the ballot is delivered to the elector.
23    (Source: P.A. 89-653, eff. 8-14-96.)

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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