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Public Act 096-1004
Public Act 1004 96TH GENERAL ASSEMBLY
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Public Act 096-1004 |
HB6077 Enrolled |
LRB096 18952 JAM 34340 b |
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| AN ACT concerning elections.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Election Code is amended by changing | Sections 16-5.01, 20-1, 20-2.1, 20-2.2, 20-2.3, 20-4, and 20-5 | and by adding Section 20-25 as follows:
| (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
| Sec. 16-5.01. (a) The election authority shall, at least 60
| days prior to the date of any general election at which federal | officers
are elected and 45 days prior to any other regular | election, have a
sufficient number of ballots printed so that | such ballots will be available
for mailing 60 days prior to the | date of the election to persons who have
filed application for | a ballot under the provisions of Article 20 of this Act.
| (b) If at any general election at which federal offices are | elected
or nominated the election authority is unable to comply | with the provisions
of subsection (a), the election authority | shall mail to each such person, in
lieu of the ballot, a | Special Write-in Absentee Voter's Blank Ballot.
The Special | Write-in Absentee Voter's Blank Ballot shall be used only at
| all general elections at which federal officers are elected or | nominated and shall be
prepared by the election authority in | substantially the following form:
|
| Special Write-in Absentee Voter's Blank Ballot
| (To vote for a person, write the title of the office and | his or her name
on the lines provided. Place to the left of and | opposite the title of
office a square and place a cross (X) in | the square.)
| Title of Office Name of Candidate
| ( )
| ( )
| ( )
| ( )
| ( )
| ( )
| The election authority shall send with the Special Write-in | Absentee
Voter's Blank Ballot a list of all referenda for which | the voter is qualified
to vote and all candidates for whom | nomination papers have been filed and
for whom the voter is | qualified to vote. The voter shall be entitled to
write in the | name of any candidate seeking
election and any referenda for | which he or she is entitled to vote.
| On the back or outside of the ballot, so as to appear when | folded, shall
be printed the words "Official Ballot", the date | of the election and a
facsimile of the signature of the | election authority who has caused the
ballot to be printed.
| The provisions of Article 20, insofar as they may be | applicable to the
Special Write-in Absentee Voter's Blank | Ballot, shall be applicable herein.
|
| (c) Notwithstanding any provision of this Code or other law
| to the contrary, the governing body of a municipality may | adopt, upon submission of a written statement by the | municipality's election authority attesting to the | administrative ability of the election authority to administer | an election using a ranked ballot to the municipality's | governing body,
an ordinance requiring, and that | municipality's election
authority shall prepare, a ranked | absentee ballot for
municipal and township office candidates to | be voted on in the consolidated
election.
This ranked ballot | shall be for use only by
a qualified voter who either is a | member of the United States
military or will be outside of the | United States on the
consolidated primary election day and the | consolidated
election day. The ranked ballot shall contain a | list of the
titles of all municipal and township offices | potentially contested at both the consolidated
primary | election and the consolidated election and the candidates for | each office and shall
permit the elector to vote in the | consolidated election by
indicating his or her order of | preference for each candidate
for each office. To indicate his | or her order of preference for
each candidate for each office, | the voter shall put the number
one next to the name of the | candidate who is the voter's first
choice, the number 2 for his | or her second choice, and so forth
so that, in consecutive | numerical order, a number indicating
the voter's preference is | written by the voter next to each
candidate's name on the |
| ranked ballot. The voter shall not be required
to indicate his | or her preference for more than one candidate
on the ranked | ballot. The voter may not cast a write-in vote using the ranked | ballot for the consolidated election. The election authority | shall, if using the
ranked absentee ballot authorized by this | subsection, also
prepare instructions for use of the ranked | ballot. The ranked ballot for the consolidated election shall | be mailed to the voter at the same time that the ballot for the | consolidated primary election is mailed to the voter and the | election authority shall accept the completed ranked ballot for | the consolidated election when the authority accepts the | completed ballot for the consolidated primary election.
| The voter shall also be sent an absentee ballot for the | consolidated election for those races that are not related to | the results of the consolidated primary election as soon as the | consolidated election ballot is certified.
| The State Board of Elections shall adopt rules for election
| authorities for the implementation of this subsection,
| including but not limited to the application for and counting
| of ranked ballots.
| (Source: P.A. 95-889, eff. 1-1-09.)
| (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 an absentee 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. 81-953.)
| (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 an absentee | registration and absentee
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 an absentee 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 absentee 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 mailed 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 and not |
| otherwise .
| Ballots voted under this Section must be returned | postmarked no later than midnight preceding 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. 96-312, eff. 1-1-10.)
| (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 an absentee ballot containing
the Federal offices | only not less than 10 days before a Federal election.
Such | application may be made only on the official postcard or by | facsimile or electronic transmission . A request
pursuant to | this Section shall entitle the applicant to an absentee 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 absentee 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 | mailed 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 and not otherwise .
Ballots voted under this | Section must be returned postmarked no later than midnight | preceding 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. 96-312, eff. 1-1-10.)
| (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 an absentee ballot under | this
Article, may make application for an absentee 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 mailed 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 and not | otherwise .
Ballots voted under this Section must be returned | postmarked no later than midnight preceding 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. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; revised | 10-6-09.)
| (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 , or by mail, by | facsimile transmission, or by electronic transmission as | provided in this Article in the manner
prescribed in Section | 20-5 .
| 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 absentee 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 absentee
ballots | have been issued.
| Election authorities may transmit by facsimile or other | electronic means a ballot simultaneously with transmitting an | application for absentee 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. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| (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 absentee | registration 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. 96-512, eff. 1-1-10.)
| (10 ILCS 5/20-25 new) | Sec. 20-25. Extraordinary procedures. In the event of a | deployment of the United States Armed Forces or the declaration | of an emergency by the President of the United States or the | Governor of Illinois, The Governor or the executive director of | the State Board of Elections may modify the registration and | voting procedures established by this Article or by rules | adopted pursuant to this Article for the duration of the | deployment or emergency in order to facilitate absentee voting | under this Article. The Governor or executive director, as the |
| case may be, then promptly shall notify each election authority | of the changes in procedures. Each election authority shall | publicize the modifications and shall provide notice of the | modifications to each person under its jurisdiction subject to | this Article for whom the election authority has contact | information.
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Effective Date: 1/1/2011
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