93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4065


 
Introduced 01/15/04, by John A. Fritchey, David E. Miller, Sara Feigenholtz
 
SYNOPSIS AS INTRODUCED:
 		
















10 ILCS 5/3-5
  from Ch. 46, par. 3-5


10 ILCS 5/19-1
  from Ch. 46, par. 19-1


10 ILCS 5/19-2
  from Ch. 46, par. 19-2


10 ILCS 5/19-5
  from Ch. 46, par. 19-5







    Amends the Election Code. Specifies that confinement or detention in a jail
or prison pending acquittal or conviction of a crime is not a disqualification
for voting. Makes such confinement or detention a specified reason for absentee
voting.



















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A BILL FOR









 














HB4065

LRB093 18377 JAM 44084 b









1
    AN ACT concerning elections. 

 
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 3-5, 19-1,
19-2, and 19-5 as follows:


 
6
    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)

7
    Sec. 3-5. No person who has been legally convicted, in this

8
or another State or in any federal court, of any crime, and
is 
9
serving a sentence of confinement in any penal institution,
or 
10
who has been convicted under any section of this Act and is

11
serving a sentence of confinement in any penal institution,

12
shall vote, offer to vote, attempt to vote or be permitted
to 
13
vote at any election until his release from confinement.


14
    Confinement for purposes of this Section shall include any

15
person convicted and imprisoned but granted a furlough as

16
provided by Section 3-11-1 of the "Unified Code of 
17
Corrections",
or admitted to a work release program as provided 
18
by Section
3-13-2 of the "Unified Code of Corrections". 
19
Confinement shall
not include any person convicted and 
20
imprisoned but released on parole.


21
    Confinement or detention in a jail or prison pending 
22
acquittal or
conviction of a crime is not a disqualification 
23
for voting.


24
(Source: P.A. 80-699.)

 
25
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)

26
    Sec. 19-1. Any qualified elector of the State of Illinois  
27
having
duly registered where such registration is required who 
28
expects to be
absent from the county in which he is a qualified 
29
elector or who because
of being appointed a judge of election 
30
in a precinct other than the
precinct in which he resides or 
31
who because of physical incapacity or
the tenets of his 
 


 









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1
religion in the observance of a religious holiday or
who 
2
because of election duties for the office of an Election 
3
Authority
or the State Board of Elections or who because of 
4
election duties for a
law enforcement agency, including but not 
5
limited to the offices of the
Attorney General, a State's 
6
Attorney, a United States Attorney, or a
State, county, or 
7
municipal police department, or who, because he is
temporarily 
8
abiding outside the precinct in which he is registered to vote

9
due to the fact he is a student attending an institution of 
10
higher
education or who is serving as a sequestered juror on a 
11
State or federal jury,
or who because of his or her confinement 
12
or
detention in a jail or prison pending acquittal or 
13
conviction of a crime,
will be unable to be present at
the 
14
polls on the day of holding any special, general or
primary 
15
election at which any presidential preference is indicated or

16
any candidates are chosen or elected, for any congressional, 
17
State,
district, county, town, city, village, precinct or 
18
judicial offices or
at which questions of public policy are 
19
submitted, may vote at such
election as hereinafter in this 
20
Article provided.


21
    Each Election Authority, law enforcement agency, and the 
22
State Board
of Elections shall compile and keep current a list 
23
of his or its
officers or employees who are eligible to vote 
24
under this Article by
reason of election duties.


25
    For purposes of this Article 19, a physically incapacitated 
26
voter marks
his or her ballot "personally" when the voter 
27
exercises his or her physical
abilities to their reasonable 
28
limit in marking the ballot, and marking
personally may include 
29
instructing the person assisting the incapacitated
voter when 
30
giving such instruction represents the reasonable limit of the

31
physical abilities.


32
(Source: P.A. 86-873; 86-875; 86-1028.)

 
33
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)

34
    Sec. 19-2. Any elector as defined in Section 19-1 expecting 
35
to be
absent from the county of his residence or any such 
 


 









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1
elector who because
of being appointed a judge of election in a 
2
precinct other than the
precinct in which he resides or who 
3
because of physical incapacity or
the tenets of his religion in 
4
the observance of a religious holiday or
who because of 
5
election duties for the office of an Election Authority,
the 
6
State Board of Elections, or a law enforcement
agency, or who 
7
because of his or her confinement or
detention in a jail or 
8
prison pending acquittal or conviction of a crime,
will be 
9
unable to be present at the polls on the day of such
election 
10
may by mail, not more than 40 nor less than 5 days prior to the

11
date of such election, or by personal delivery not more than 40 
12
nor less
than one day prior to the date of such election, make 
13
application to the
county clerk or to the Board of Election 
14
Commissioners for an official
ballot for the voter's precinct 
15
to be voted at such election.


16
(Source: P.A. 84-808.)

 
17
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)

18
    Sec. 19-5. It shall be the duty of the election authority 
19
to fold the
ballot or ballots in the manner specified by the 
20
statute for folding
ballots prior to their deposit in the 
21
ballot box, and to enclose such
ballot or ballots in an 
22
envelope unsealed to be furnished by him, which
envelope shall 
23
bear upon the face thereof the name, official title and
post 
24
office address of the election authority, and upon the other 
25
side
if the ballot is to go to an elector who is to be out of 
26
the county on
the day of the election a printed certification 
27
in substantially the
following form:


28
    I state that I am a resident of the .... precinct of the 
29
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
30
the city of
.... residing at .... in such city or town in the 
31
county of .... and
State of Illinois, that I have lived at such 
32
address for .... months
last past; that I am lawfully entitled 
33
to vote in such precinct at the
.... election to be held on 
34
....; and I expect to be absent from the
county of my residence 
35
on the date of such election.


 


 









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1
*fill in either (1), (2) or (3).


2
    I further state that I personally marked the enclosed 
3
ballot in secret.


4
    Under penalties of perjury as provided by law pursuant to 
5
Section 29-10
of The Election Code, the undersigned certifies 
6
that the statements set
forth in this certification are true 
7
and correct.


8

.......................


9
    If the ballot is to go to an elector who is physically 
10
incapacitated
the envelope shall bear upon the back thereof a 
11
certification in
substantially the following form:


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 such 
16
address for .... months
last past; that I am lawfully entitled 
17
to vote in such precinct at the
.... election to be held on 
18
....; that I shall be physically incapable
of being present at 
19
the polls of such precinct on the date of holding
such 
20
election.


21
*fill in either (1), (2) or (3).


22
    I further state that I personally marked the enclosed 
23
ballot in secret.
If I received assistance in casting my 
24
ballot, I further attest that, due
to physical incapacity, I 
25
marked the enclosed
ballot in secret with the assistance of


26

.................................


27

(Individual rendering assistance)


28

.................................


29

(Residence Address)


30
    Under penalties of perjury  as provided by law pursuant to 
31
Section 29-10
of The Election Code, the undersigned certifies 
32
that the statements set forth
in this certification are true 
33
and correct.


34

.......................


35
    In the case of a voter who is voting absentee by reason of 
36
physical
incapacity, marking a ballot in secret includes 
 


 









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1
marking a ballot with the
assistance of another individual, 
2
other than a candidate
whose name appears on the ballot (unless 
3
the voter is the spouse or a
parent, child, brother, or sister 
4
of the candidate),
the voter's employer, an
agent of that 
5
employer or an officer or agent of the voter's union, when
the 
6
voter's physical incapacity necessitates such assistance.


7
    If the ballot is to go to an elector who is unable to be 
8
present at
the polls on the date of the election because of the 
9
observance of a
religious holiday, the envelope shall bear upon 
10
the back thereof a
certification in substantially the following 
11
form:


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 said city or town in the 
15
county of .... and
State of Illinois, that I have lived at such 
16
address for .... months
last past; that I am lawfully entitled 
17
to vote in such precinct at the
.... election to be held on 
18
....; that I shall be unable to be present
at the polls of such 
19
precinct on the date of holding such election
because of the 
20
tenets of my religion in the observance of a religious
holiday.


21
*fill in either (1), (2) or (3).


22
    I further state that I personally marked the enclosed 
23
ballot in secret.


24
    Under penalties of perjury as provided by law pursuant to 
25
Section 29-10
of The Election Code, the undersigned certifies 
26
that the statements set
forth in this certification are true 
27
and correct.


28

......................


29
    If the ballot is to go to an elector who is unable to be 
30
present at the
polls on the date of the election because he or 
31
she is confined or detained in
jail or prison pending acquittal 
32
or conviction of a crime, the envelope shall
bear upon the back 
33
thereof a certification in substantially the following form:

34
    I state that I am a resident of the .... precinct of the 
35
(1) *township of
.... (2) *City of.... or (3) *.... ward in the 
36
city of .... residing at .... in
that city or town in the 
 


 









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1
county of .... and State of Illinois, that I have
lived at such 
2
address for .... months last past; that I am lawfully entitled 
3
to
vote in such precinct at the .... election to be held on 
4
....; that I shall be
unable to be present at the polls of such 
5
precinct on the date of holding such
election because of my 
6
confinement or detention in jail or prison pending
acquittal or 
7
conviction of a crime.

8
*fill in either (1), (2) or (3).

9
    I further state that I personally marked the enclosed 
10
ballot in secret.

11
    Under penalties of perjury as provided by law pursuant to 
12
Section 29-10 of
The Election Code, the undersigned certified 
13
that the statements set forth in
this certification are true 
14
and correct.


15

......................


16
    If the ballot is to go to an elector who is temporarily 
17
abiding outside
the precinct in which he is registered to vote 
18
due to the fact he is a
student attending an institution of 
19
higher education the envelope shall
bear upon the back thereof 
20
a certification in substantially the following form:


21
    I state that I am a resident of the .... precinct of the 
22
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
23
the city of
.... residing at .... in such city or town in the 
24
county of .... and
State of Illinois, that I have lived at such 
25
address for .... months
last past; that I am lawfully entitled 
26
to vote in such precinct at the
.... election to be held on 
27
....; and I expect to be absent from the
precinct of my 
28
residence on the date of such election because I am
temporarily 
29
abiding outside such precinct in the (1) *township of .... (2)

30
*city of .... in the county of .... and State of .... due to the 
31
fact I am
a student attending an institution of higher 
32
education.


33
*fill in either (1), (2) or (3).


34
    I further state that I personally marked the enclosed 
35
ballot in secret.


36
    Under penalties of perjury as provided by law pursuant to 
 


 









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1
Section 29-10
of The Election Code, the undersigned certifies 
2
that the statements set
forth in this certification are true 
3
and correct.


4

.......................


5
    If the election authority adopts the standard absentee 
6
ballot application
blank provided in Section 19-3, the printed 
7
certification on the absentee
ballot envelope shall be in 
8
substantially the following form:


9
    I state that I am a resident of the ...... precinct of the 
10
(1) *township
of.....  (2) *City of ..... or (3) *....... ward 
11
in the city of .......
residing at ..... in said city or town 
12
in the county of ...... and State
of Illinois, that I have 
13
lived at such address for .... months last past;
that I shall 
14
be unable to be present at the polls of such precinct on the

15
date of holding such election for the reason indicated on the 
16
application
for ballot enclosed herein.


17
*fill in either (1), (2) or (3).


18
    I further state that I personally marked the enclosed 
19
ballot in secret.
If I received assistance in casting my 
20
ballot, I further attest that, due
to physical incapacity, I 
21
marked the enclosed
ballot in secret with the assistance of


22

.................................


23

(Individual rendering assistance)


24

.................................


25

(Residence Address)


26
    Under penalties of perjury provided by law pursuant to 
27
Section 29-10 of the
Election
Code, the undersigned certifies 
28
that the statements set forth in this
certification are true 
29
and correct.


30

.......................


31
    In the case of a voter who is voting absentee by reason of 
32
physical
incapacity, marking a ballot in secret includes 
33
marking a ballot with the
assistance of another individual, 
34
other than a candidate
whose name appears on the ballot (unless 
35
the voter is the spouse or a
parent, child, brother, or sister 
36
of the candidate), the voter's
employer, an
agent of that 
 


 









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1
employer, or an officer or agent of the voter's union, when
the 
2
voter's physical incapacity necessitates such assistance.


3
    Provided, that if the ballot enclosed is to be voted at a 
4
primary
election, the certification shall designate the name of 
5
the political
party with which the voter is affiliated.


6
    In addition to the above, the election authority shall 
7
provide
printed slips giving full instructions regarding the 
8
manner of marking
and returning the ballot in order that the 
9
same may be counted, and
shall furnish one of such printed 
10
slips to each of such applicants at
the same time the ballot is 
11
delivered to him.
Such instructions shall include the following 
12
statement: "In signing the
certification on the absentee ballot 
13
envelope, you are attesting that you
personally marked this 
14
absentee ballot in secret.  If you are physically
unable to mark 
15
the ballot, a friend or relative may assist you after

16
completing the enclosed affidavit.  Federal and State laws 
17
prohibit a
candidate whose name appears on the ballot (unless 
18
you
are the spouse or a parent, child, brother, or sister of 
19
the candidate), your
employer, your employer's agent or an 
20
officer or agent of your union
from assisting physically 
21
disabled voters."


22
    In addition to the above, if a ballot to be provided to an 
23
elector
pursuant to this Section contains a public question 
24
described in subsection
(b) of Section 28-6 and the territory 
25
concerning which the question is
to be submitted is not 
26
described on the ballot due to the space limitations
of such 
27
ballot, the election authority shall provide a printed copy of

28
a notice of the public question, which shall include a 
29
description of the
territory in the manner required by Section 
30
16-7.  The notice shall be
furnished to the elector at the same 
31
time the ballot is delivered to the
elector.


32
(Source: P.A. 89-653, eff. 8-14-96.)