99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2719

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/7-60 from Ch. 46, par. 7-60
10 ILCS 5/19-2.1 from Ch. 46, par. 19-2.1
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4 from Ch. 46, par. 20-4
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/7-2 rep.
10 ILCS 5/7-3 rep.
10 ILCS 5/Art. 10 rep.

Amends the Election Code. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.
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A BILL FOR

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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 7-10, 7-43, 7-44, 7-60, 19-2.1, 19-3, 19-4, 19-5,
619-8, 19-12.1, 20-3, 20-4, 20-5, and 20-8 and by adding
7Sections 19-4.5 and 20-4.5 as follows:
8 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
9 Sec. 7-10. Form of petition for nomination. The name of no
10candidate for nomination, or State central committeeman, or
11township committeeman, or precinct committeeman, or ward
12committeeman or candidate for delegate or alternate delegate to
13national nominating conventions, shall be printed upon the
14primary ballot unless a petition for nomination has been filed
15in his behalf as provided in this Article in substantially the
16following form:
17 We, the undersigned, members of and affiliated with the
18.... party and qualified primary electors of the .... party, in
19the .... of ...., in the county of .... and State of Illinois,
20do hereby petition that the following named person or persons
21shall be a candidate or candidates of the .... party for the
22nomination for (or in case of committeemen for election to) the
23office or offices hereinafter specified, to be voted for at the

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1primary election to be held on (insert date).
2 NameOfficeAddress
3John JonesGovernorBelvidere, Ill.
4Jane James Lieutenant Governor Peoria, Ill.
5Thomas SmithAttorney GeneralOakland, Ill.
6Name.................. Address.......................
7State of Illinois)
8 ) ss.
9County of........)
10 I, ...., do hereby certify that I reside at No. ....
11street, in the .... of ...., county of ...., and State of
12....., that I am 18 years of age or older, that I am a citizen
13of the United States, and that the signatures on this sheet
14were signed in my presence, and are genuine, and that to the
15best of my knowledge and belief the persons so signing were at
16the time of signing the petitions qualified voters of the ....
17party, and that their respective residences are correctly
18stated, as above set forth.
19
.........................
20 Subscribed and sworn to before me on (insert date).
21
.........................
22 Each sheet of the petition other than the statement of
23candidacy and candidate's statement shall be of uniform size

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1and shall contain above the space for signatures an appropriate
2heading giving the information as to name of candidate or
3candidates, in whose behalf such petition is signed; the
4office, the political party that the candidate prefers,
5represented and place of residence; and the heading of each
6sheet shall be the same.
7 Such petition shall be signed by qualified primary electors
8residing in the political division for which the nomination is
9sought in their own proper persons only and opposite the
10signature of each signer, his residence address shall be
11written or printed. The residence address required to be
12written or printed opposite each qualified primary elector's
13name shall include the street address or rural route number of
14the signer, as the case may be, as well as the signer's county,
15and city, village or town, and state. However the county or
16city, village or town, and state of residence of the electors
17may be printed on the petition forms where all of the electors
18signing the petition reside in the same county or city, village
19or town, and state. Standard abbreviations may be used in
20writing the residence address, including street number, if any.
21At the bottom of each sheet of such petition shall be added a
22circulator statement signed by a person 18 years of age or
23older who is a citizen of the United States, stating the street
24address or rural route number, as the case may be, as well as
25the county, city, village or town, and state; and certifying
26that the signatures on that sheet of the petition were signed

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1in his or her presence and certifying that the signatures are
2genuine; and either (1) indicating the dates on which that
3sheet was circulated, or (2) indicating the first and last
4dates on which the sheet was circulated, or (3) certifying that
5none of the signatures on the sheet were signed more than 90
6days preceding the last day for the filing of the petition and
7certifying that to the best of his or her knowledge and belief
8the persons so signing were at the time of signing the
9petitions qualified voters of the election political party for
10which a nomination is sought. Such statement shall be sworn to
11before some officer authorized to administer oaths in this
12State.
13 No petition sheet shall be circulated more than 90 days
14preceding the last day provided in Section 7-12 for the filing
15of such petition.
16 The person circulating the petition, or the candidate on
17whose behalf the petition is circulated, may strike any
18signature from the petition, provided that:
19 (1) the person striking the signature shall initial the
20 petition at the place where the signature is struck; and
21 (2) the person striking the signature shall sign a
22 certification listing the page number and line number of
23 each signature struck from the petition. Such
24 certification shall be filed as a part of the petition.
25 Such sheets before being filed shall be neatly fastened
26together in book form, by placing the sheets in a pile and

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1fastening them together at one edge in a secure and suitable
2manner, and the sheets shall then be numbered consecutively.
3The sheets shall not be fastened by pasting them together end
4to end, so as to form a continuous strip or roll. All petition
5sheets which are filed with the proper local election
6officials, election authorities or the State Board of Elections
7shall be the original sheets which have been signed by the
8voters and by the circulator thereof, and not photocopies or
9duplicates of such sheets. Each petition must include as a part
10thereof, a statement of candidacy for each of the candidates
11filing, or in whose behalf the petition is filed. This
12statement shall set out the address of such candidate, the
13office for which he is a candidate, shall state that the
14candidate is a qualified primary voter of the election for
15party to which the petition relates and is qualified for the
16office specified (in the case of a candidate for State's
17Attorney it shall state that the candidate is at the time of
18filing such statement a licensed attorney-at-law of this
19State), shall state that he has filed (or will file before the
20close of the petition filing period) a statement of economic
21interests as required by the Illinois Governmental Ethics Act,
22shall request that the candidate's name be placed upon the
23official ballot, and shall be subscribed and sworn to by such
24candidate before some officer authorized to take
25acknowledgment of deeds in the State and shall be in
26substantially the following form:

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1
Statement of Candidacy
2NameAddressOfficeDistrictParty
3John Jones102 Main St.GovernorStatewideRepublican
4Belvidere,
5Illinois
6State of Illinois)
7 ) ss.
8County of .......)
9 I, ...., being first duly sworn, say that I reside at ....
10Street in the city (or village) of ...., in the county of ....,
11State of Illinois; that I am a qualified voter therein and am a
12qualified primary voter of the .... party; that I am a
13candidate for nomination (for election in the case of
14committeeman and delegates and alternate delegates) to the
15office of .... to be voted upon at the primary election to be
16held on (insert date); that I am legally qualified (including
17being the holder of any license that may be an eligibility
18requirement for the office I seek the nomination for) to hold
19such office and that I have filed (or I will file before the
20close of the petition filing period) a statement of economic
21interests as required by the Illinois Governmental Ethics Act
22and I hereby request that my name be printed upon the official
23primary ballot for nomination for (or election to in the case
24of committeemen and delegates and alternate delegates) such
25office.

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1
Signed ......................
2 Subscribed and sworn to (or affirmed) before me by ....,
3who is to me personally known, on (insert date).
4
Signed ....................
5
(Official Character)
6(Seal, if officer has one.)
7 The petitions, when filed, shall not be withdrawn or added
8to, and no signatures shall be revoked except by revocation
9filed in writing with the State Board of Elections, election
10authority or local election official with whom the petition is
11required to be filed, and before the filing of such petition.
12Whoever forges the name of a signer upon any petition required
13by this Article is deemed guilty of a forgery and on conviction
14thereof shall be punished accordingly.
15 A candidate for the offices listed in this Section must
16obtain the number of signatures specified in this Section on
17his or her petition for nomination.
18 (a) Statewide office or delegate to a national nominating
19convention. If a candidate seeks to run for statewide office or
20as a delegate or alternate delegate to a national nominating
21convention elected from the State at-large, then the
22candidate's petition for nomination must contain at least 5,000
23but not more than 10,000 signatures.
24 (b) Congressional office or congressional delegate to a
25national nominating convention. If a candidate seeks to run for

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1United States Congress or as a congressional delegate or
2alternate congressional delegate to a national nominating
3convention elected from a congressional district, then the
4candidate's petition for nomination must contain at least the
5number of signatures equal to 0.5% of the qualified primary
6electors of his or her party in his or her congressional
7district. In the first primary election following a
8redistricting of congressional districts, a candidate's
9petition for nomination must contain at least 600 signatures of
10qualified primary electors of the candidate's political party
11in his or her congressional district.
12 (c) County office. If a candidate seeks to run for any
13countywide office, including but not limited to county board
14chairperson or county board member, elected on an at-large
15basis, in a county other than Cook County, then the candidate's
16petition for nomination must contain at least the number of
17signatures equal to 0.5% of the qualified electors of his or
18her party who cast votes at the last preceding general election
19in his or her county. If a candidate seeks to run for county
20board member elected from a county board district, then the
21candidate's petition for nomination must contain at least the
22number of signatures equal to 0.5% of the qualified primary
23electors of his or her party in the county board district. In
24the first primary election following a redistricting of county
25board districts or the initial establishment of county board
26districts, a candidate's petition for nomination must contain

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1at least the number of signatures equal to 0.5% of the
2qualified electors of his or her party in the entire county who
3cast votes at the last preceding general election divided by
4the total number of county board districts comprising the
5county board; provided that in no event shall the number of
6signatures be less than 25.
7 (d) County office; Cook County only.
8 (1) If a candidate seeks to run for countywide office
9 in Cook County, then the candidate's petition for
10 nomination must contain at least the number of signatures
11 equal to 0.5% of the qualified electors of his or her party
12 who cast votes at the last preceding general election in
13 Cook County.
14 (2) If a candidate seeks to run for Cook County Board
15 Commissioner, then the candidate's petition for nomination
16 must contain at least the number of signatures equal to
17 0.5% of the qualified primary electors of his or her party
18 in his or her county board district. In the first primary
19 election following a redistricting of Cook County Board of
20 Commissioners districts, a candidate's petition for
21 nomination must contain at least the number of signatures
22 equal to 0.5% of the qualified electors of his or her party
23 in the entire county who cast votes at the last preceding
24 general election divided by the total number of county
25 board districts comprising the county board; provided that
26 in no event shall the number of signatures be less than 25.

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1 (3) If a candidate seeks to run for Cook County Board
2 of Review Commissioner, which is elected from a district
3 pursuant to subsection (c) of Section 5-5 of the Property
4 Tax Code, then the candidate's petition for nomination must
5 contain at least the number of signatures equal to 0.5% of
6 the total number of registered voters in his or her board
7 of review district in the last general election at which a
8 commissioner was regularly scheduled to be elected from
9 that board of review district. In no event shall the number
10 of signatures required be greater than the requisite number
11 for a candidate who seeks countywide office in Cook County
12 under subsection (d)(1) of this Section. In the first
13 primary election following a redistricting of Cook County
14 Board of Review districts, a candidate's petition for
15 nomination must contain at least 4,000 signatures or at
16 least the number of signatures required for a countywide
17 candidate in Cook County, whichever is less, of the
18 qualified electors of his or her party in the district.
19 (e) Municipal or township office. If a candidate seeks to
20run for municipal or township office, then the candidate's
21petition for nomination must contain at least the number of
22signatures equal to 0.5% of the qualified primary electors of
23his or her party in the municipality or township. If a
24candidate seeks to run for alderman of a municipality, then the
25candidate's petition for nomination must contain at least the
26number of signatures equal to 0.5% of the qualified primary

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1electors of his or her party of the ward. In the first primary
2election following redistricting of aldermanic wards or
3trustee districts of a municipality or the initial
4establishment of wards or districts, a candidate's petition for
5nomination must contain the number of signatures equal to at
6least 0.5% of the total number of votes cast for the candidate
7of that political party who received the highest number of
8votes in the entire municipality at the last regular election
9at which an officer was regularly scheduled to be elected from
10the entire municipality, divided by the number of wards or
11districts. In no event shall the number of signatures be less
12than 25.
13 (f) State central committeeperson. If a candidate seeks to
14run for State central committeeperson, then the candidate's
15petition for nomination must contain at least 100 signatures of
16the primary electors of his or her party of his or her
17congressional district.
18 (g) Sanitary district trustee. If a candidate seeks to run
19for trustee of a sanitary district in which trustees are not
20elected from wards, then the candidate's petition for
21nomination must contain at least the number of signatures equal
22to 0.5% of the primary electors of his or her party from the
23sanitary district. If a candidate seeks to run for trustee of a
24sanitary district in which trustees are elected from wards,
25then the candidate's petition for nomination must contain at
26least the number of signatures equal to 0.5% of the primary

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1electors of his or her party in the ward of that sanitary
2district. In the first primary election following
3redistricting of sanitary districts elected from wards, a
4candidate's petition for nomination must contain at least the
5signatures of 150 qualified primary electors of his or her ward
6of that sanitary district.
7 (h) Judicial office. If a candidate seeks to run for
8judicial office in a district, then the candidate's petition
9for nomination must contain the number of signatures equal to
100.4% of the number of votes cast in that district for the
11candidate for his or her political party for the office of
12Governor at the last general election at which a Governor was
13elected, but in no event less than 500 signatures. If a
14candidate seeks to run for judicial office in a circuit or
15subcircuit, then the candidate's petition for nomination must
16contain the number of signatures equal to 0.25% of the number
17of votes cast for the judicial candidate of his or her
18political party who received the highest number of votes at the
19last general election at which a judicial officer from the same
20circuit or subcircuit was regularly scheduled to be elected,
21but in no event less than 1,000 signatures in circuits and
22subcircuits located in the First Judicial District or 500
23signatures in every other Judicial District.
24 (i) Precinct, ward, and township committeeperson. If a
25candidate seeks to run for precinct committeeperson, then the
26candidate's petition for nomination must contain at least 10

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1signatures of the primary electors of his or her party for the
2precinct. If a candidate seeks to run for ward committeeperson,
3then the candidate's petition for nomination must contain no
4less than the number of signatures equal to 10% of the primary
5electors of his or her party of the ward, but no more than 16%
6of those same electors; provided that the maximum number of
7signatures may be 50 more than the minimum number, whichever is
8greater. If a candidate seeks to run for township
9committeeperson, then the candidate's petition for nomination
10must contain no less than the number of signatures equal to 5%
11of the primary electors of his or her party of the township,
12but no more than 8% of those same electors; provided that the
13maximum number of signatures may be 50 more than the minimum
14number, whichever is greater.
15 (j) State's attorney or regional superintendent of schools
16for multiple counties. If a candidate seeks to run for State's
17attorney or regional Superintendent of Schools who serves more
18than one county, then the candidate's petition for nomination
19must contain at least the number of signatures equal to 0.5% of
20the primary electors of his or her party in the territory
21comprising the counties.
22 (k) Any other office. If a candidate seeks any other
23office, then the candidate's petition for nomination must
24contain at least the number of signatures equal to 0.5% of the
25registered voters of the political subdivision, district, or
26division for which the nomination is made or 25 signatures,

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1whichever is greater.
2 For purposes of this Section the number of primary electors
3shall be determined by taking the total vote cast, in the
4applicable district, for the candidate for that political party
5who received the highest number of votes, statewide, at the
6last general election in the State at which electors for
7President of the United States were elected. For political
8subdivisions, the number of primary electors shall be
9determined by taking the total vote cast for the candidate for
10that political party who received the highest number of votes
11in the political subdivision at the last regular election at
12which an officer was regularly scheduled to be elected from
13that subdivision. For wards or districts of political
14subdivisions, the number of primary electors shall be
15determined by taking the total vote cast for the candidate for
16that political party who received the highest number of votes
17in the ward or district at the last regular election at which
18an officer was regularly scheduled to be elected from that ward
19or district.
20 A "qualified primary elector" of a party may not sign
21petitions for or be a candidate in the primary of more than one
22party.
23 The changes made to this Section of this amendatory Act of
24the 93rd General Assembly are declarative of existing law,
25except for item (3) of subsection (d).
26 Petitions of candidates for nomination for offices herein

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1specified, to be filed with the same officer, may contain the
2names of 2 or more candidates of the same political party for
3the same or different offices. In the case of the offices of
4Governor and Lieutenant Governor, a joint petition including
5one candidate for each of those offices must be filed.
6(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
7 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
8 Sec. 7-43. Every person having resided in this State 6
9months and in the precinct 30 days next preceding any primary
10therein who shall be a citizen of the United States of the age
11of 18 or more years shall be entitled to vote at such primary.
12 The following regulations shall be applicable to
13primaries:
14 No person shall be entitled to vote at a primary:
15 (a) Unless he declares his party affiliations as
16 required by this Article.
17 (b) (Blank).
18 (c) (Blank).
19 (c.5) If that person has participated in the town
20 political party caucus, under Section 45-50 of the
21 Township Code, of another political party by signing an
22 affidavit of voters attending the caucus within 45 days
23 before the first day of the calendar month in which the
24 primary is held.
25 (d) (Blank).

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1 (a) In cities, villages, and incorporated towns having
2 a board of election commissioners, only voters registered
3 as provided by Article 6 of this Act shall be entitled to
4 vote at such primary.
5 (b) No person shall be entitled to vote at a primary
6 unless he or she is registered under the provisions of
7 Articles 4, 5, or 6 of this Act, when his registration is
8 required by any of said Articles to entitle him or her to
9 vote at the election with reference to which the primary is
10 held.
11 A person (i) who filed a statement of candidacy for a
12partisan office as a qualified primary voter of an established
13political party or (ii) who voted the ballot of an established
14political party at a general primary election may not file a
15statement of candidacy as a candidate of a different
16established political party or as an independent candidate for
17a partisan office to be filled at the general election
18immediately following the general primary for which the person
19filed the statement or voted the ballot. A person may file a
20statement of candidacy for a partisan office as a qualified
21primary voter of an established political party regardless of
22any prior filing of candidacy for a partisan office or voting
23the ballot of an established political party at any prior
24election.
25(Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)

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1 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
2 Sec. 7-44. Voters; primary ballot. Any person desiring
3to vote at a primary shall state his or her name and ,
4residence and party affiliation to the primary judges, one of
5whom shall thereupon announce the same in a distinct tone of
6voice, sufficiently loud to be heard by all persons in the
7polling place. When article 4, 5, or 6 is applicable the
8Certificate of Registered Voter therein prescribed shall be
9made and signed and the official poll record shall be made. If
10the person desiring to vote is not challenged, one of the
11primary judges shall give to him or her one, and only one,
12primary ballot listing each candidate for office, regardless of
13party affiliation, participating in the primary election of the
14political party with which he declares himself affiliated, on
15the back of which the such primary judge shall endorse his or
16her initials in such manner that they may be seen when the
17primary ballot is properly folded. If the person desiring to
18vote is challenged he or she shall not receive a primary ballot
19from the primary judges until he or she shall have established
20his or her right to vote as hereinafter provided in this
21Article. No person who refuses to state his party affiliation
22shall be allowed to vote at a primary.
23 A person who declares his party affiliation with a
24statewide established political party and requests a primary
25ballot of such party may nonetheless also declare his
26affiliation with a political party established only within a

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1political subdivision, and may also vote in the primary of such
2local party on the same election day, provided that such voter
3may not vote in both such party primaries with respect to
4offices of the same political subdivision. However, no person
5declaring his affiliation with a statewide established
6political party may vote in the primary of any other statewide
7political party on the same election day.
8(Source: P.A. 81-1535.)
9 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
10 Sec. 7-60. Not less than 74 days before the date of the
11general election, the State Board of Elections shall certify to
12the county clerks the names of each of the candidates who have
13been nominated as shown by the proclamation of the State Board
14of Elections as a canvassing board or who have been nominated
15to fill a vacancy in nomination and direct the election
16authority to place upon the official ballot for the general
17election the names of such candidates in the same manner and in
18the same order as shown upon the certification, except as
19otherwise provided in this Section.
20 Notwithstanding any other provision of law, the 2
21candidates in any primary that received the most votes in the
22primary election, regardless of party affiliation of the
23candidates, shall be the only 2 candidates certified for
24participation in the general election.
25 Not less than 68 days before the date of the general

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1election, each county clerk shall certify the names of each of
2the candidates for county offices who have been nominated as
3shown by the proclamation of the county election authority or
4who have been nominated to fill a vacancy in nomination and
5declare that the names of such candidates for the respective
6offices shall be placed upon the official ballot for the
7general election in the same manner and in the same order as
8shown upon the certification, except as otherwise provided by
9this Section. Each county clerk shall place a copy of the
10certification on file in his or her office and at the same time
11issue to the State Board of Elections a copy of such
12certification. In addition, each county clerk in whose county
13there is a board of election commissioners shall, not less than
1468 days before the date of the general election, issue to such
15board a copy of the certification that has been filed in the
16county clerk's office, together with a copy of the
17certification that has been issued to the clerk by the State
18Board of Elections, with directions to the board of election
19commissioners to place upon the official ballot for the general
20election in that election jurisdiction the names of all
21candidates that are listed on such certifications, in the same
22manner and in the same order as shown upon such certifications,
23except as otherwise provided in this Section.
24 Whenever there are two or more persons nominated by the
25same political party for multiple offices for any board, the
26name of the candidate of such party receiving the highest

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1number of votes in the primary election as a candidate for such
2office, as shown by the official election returns of the
3primary, shall be certified first under the name of such
4offices, and the names of the remaining candidates of such
5party for such offices shall follow in the order of the number
6of votes received by them respectively at the primary election
7as shown by the official election results.
8 No person who is shown by the final proclamation to have
9been nominated or elected at the primary as a write-in
10candidate shall have his or her name certified unless such
11person shall have filed with the certifying office or board
12within 10 days after the election authority's proclamation a
13statement of candidacy pursuant to Section 7-10, a statement
14pursuant to Section 7-10.1, and a receipt for the filing of a
15statement of economic interests in relation to the unit of
16government to which he or she has been elected or nominated.
17 Each county clerk and board of election commissioners shall
18determine by a fair and impartial method of random selection
19the order of placement of established political party
20candidates for the general election ballot. Such determination
21shall be made within 30 days following the canvass and
22proclamation of the results of the general primary in the
23office of the county clerk or board of election commissioners
24and shall be open to the public. Seven days written notice of
25the time and place of conducting such random selection shall be
26given, by each such election authority, to the County Chairman

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1of each established political party, and to each organization
2of citizens within the election jurisdiction which was
3entitled, under this Article, at the next preceding election,
4to have pollwatchers present on the day of election. Each
5election authority shall post in a conspicuous, open and public
6place, at the entrance of the election authority office, notice
7of the time and place of such lottery. However, a board of
8election commissioners may elect to place established
9political party candidates on the general election ballot in
10the same order determined by the county clerk of the county in
11which the city under the jurisdiction of such board is located.
12 Each certification shall indicate, where applicable, the
13following:
14 (1) The political party affiliation of the candidates
15 for the respective offices;
16 (2) If there is to be more than one candidate elected
17 to an office from the State, political subdivision or
18 district;
19 (3) If the voter has the right to vote for more than
20 one candidate for an office;
21 (4) The term of office, if a vacancy is to be filled
22 for less than a full term or if the offices to be filled in
23 a political subdivision are for different terms.
24 The State Board of Elections or the county clerk, as the
25case may be, shall issue an amended certification whenever it
26is discovered that the original certification is in error.

HB2719- 22 -LRB099 05212 MGM 25246 b
1(Source: P.A. 96-1008, eff. 7-6-10.)
2 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
3 (Section scheduled to be repealed on June 1, 2015)
4 Sec. 19-2.1. In-person absentee voting in the office of the
5municipal, township, or road district clerks. At the
6consolidated primary, general primary, consolidated, and
7general elections, electors entitled to vote by absentee ballot
8under the provisions of Section 19-1 may vote in person at the
9office of the municipal clerk, if the elector is a resident of
10a municipality not having a board of election commissioners, or
11at the office of the township clerk or, in counties not under
12township organization, at the office of the road district clerk
13if the elector is not a resident of a municipality; provided,
14in each case that the municipal, township or road district
15clerk, as the case may be, is authorized to conduct in-person
16absentee voting pursuant to this Section. Absentee voting in
17such municipal and township clerk's offices under this Section
18shall be conducted from the 22nd day through the day before the
19election.
20 Municipal and township clerks (or road district clerks) who
21have regularly scheduled working hours at regularly designated
22offices other than a place of residence and whose offices are
23open for business during the same hours as the office of the
24election authority shall conduct in-person absentee voting for
25said elections. Municipal and township clerks (or road district

HB2719- 23 -LRB099 05212 MGM 25246 b
1clerks) who have no regularly scheduled working hours but who
2have regularly designated offices other than a place of
3residence shall conduct in-person absentee voting for said
4elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
5a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
6Saturdays, but not during such hours as the office of the
7election authority is closed, unless the clerk files a written
8waiver with the election authority not later than July 1 of
9each year stating that he or she is unable to conduct such
10voting and the reasons therefor. Such clerks who conduct
11in-person absentee voting may extend their hours for that
12purpose to include any hours in which the election authority's
13office is open. Municipal and township clerks (or road district
14clerks) who have no regularly scheduled office hours and no
15regularly designated offices other than a place of residence
16may not conduct in-person absentee voting for said elections.
17The election authority may devise alternative methods for
18in-person absentee voting before said elections for those
19precincts located within the territorial area of a municipality
20or township (or road district) wherein the clerk of such
21municipality or township (or road district) has waived or is
22not entitled to conduct such voting. In addition, electors may
23vote by absentee ballot under the provisions of Section 19-1 at
24the office of the election authority having jurisdiction over
25their residence. Unless specifically authorized by the
26election authority, municipal, township, and road district

HB2719- 24 -LRB099 05212 MGM 25246 b
1clerks shall not conduct in-person absentee voting. No less
2than 45 days before the date of an election, the election
3authority shall notify the municipal, township, and road
4district clerks within its jurisdiction if they are to conduct
5in-person absentee voting. Election authorities, however, may
6conduct in-person absentee voting in one or more designated
7appropriate public buildings from the fourth day before the
8election through the day before the election.
9 In conducting in-person absentee voting under this
10Section, the respective clerks shall be required to verify the
11signature of the absentee voter by comparison with the
12signature on the official registration record card. The clerk
13also shall reasonably ascertain the identity of such applicant,
14shall verify that each such applicant is a registered voter,
15and shall verify the precinct in which he or she is registered
16and the proper ballots of the political subdivisions in which
17the applicant resides and is entitled to vote, prior to
18providing any absentee ballot to such applicant. The clerk
19shall verify the applicant's registration and from the most
20recent poll list provided by the county clerk, and if the
21applicant is not listed on that poll list then by telephoning
22the office of the county clerk.
23 Within one day after a voter casts an in-person absentee
24ballot, the appropriate election authority shall transmit by
25electronic means pursuant to a process established by the State
26Board of Elections the voter's name, street address, e-mail

HB2719- 25 -LRB099 05212 MGM 25246 b
1address, and precinct, ward, township, and district numbers, as
2the case may be, to the State Board of Elections, which shall
3maintain those names and that information in an electronic
4format on its website, arranged by county and accessible to
5State and local political committees.
6 Absentee voting procedures in the office of the municipal,
7township and road district clerks shall be subject to all of
8the applicable provisions of this Article 19, including,
9without limitation, those procedures relating to primary
10ballots. Pollwatchers may be appointed to observe in-person
11absentee voting procedures and view all reasonably requested
12records relating to the conduct of the election, provided the
13secrecy of the ballot is not impinged, at the office of the
14municipal, township or road district clerks' offices where such
15absentee voting is conducted. Such pollwatchers shall qualify
16and be appointed in the same manner as provided in Sections
177-34 and 17-23, except each candidate, political party or
18organization of citizens may appoint only one pollwatcher for
19each location where in-person absentee voting is conducted.
20Pollwatchers must be registered to vote in Illinois and possess
21valid pollwatcher credentials. All requirements in this
22Article applicable to election authorities shall apply to the
23respective local clerks, except where inconsistent with this
24Section.
25 The sealed absentee ballots in their carrier envelope shall
26be delivered by the respective clerks, or by the election

HB2719- 26 -LRB099 05212 MGM 25246 b
1authority on behalf of a clerk if the clerk and the election
2authority agree, to the election authority's central ballot
3counting location before the close of the polls on the day of
4the general primary, consolidated primary, consolidated, or
5general election.
6 Not more than 23 days before the general and consolidated
7elections, the county clerk shall make available to those
8municipal, township and road district clerks conducting
9in-person absentee voting within such county, a sufficient
10number of applications, absentee ballots, envelopes, and
11printed voting instruction slips for use by absentee voters in
12the offices of such clerks. The respective clerks shall receipt
13for all ballots received, shall return all unused or spoiled
14ballots to the county clerk on the day of the election and
15shall strictly account for all ballots received.
16 The ballots delivered to the respective clerks shall
17include absentee ballots for each precinct in the municipality,
18township or road district, or shall include such separate
19ballots for each political subdivision conducting an election
20of officers or a referendum on that election day as will permit
21any resident of the municipality, township or road district to
22vote absentee in the office of the proper clerk.
23 The clerks of all municipalities, townships and road
24districts may distribute applications for absentee ballot for
25the use of voters who wish to mail such applications to the
26appropriate election authority. Any person may produce,

HB2719- 27 -LRB099 05212 MGM 25246 b
1reproduce, distribute, or return to an election authority the
2application for absentee ballot. Upon receipt, the appropriate
3election authority shall accept and promptly process any
4application for absentee ballot.
5(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.
6Repealed by P.A. 98-1171, eff. 6-1-15.)
7 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
8 (Text of Section before amendment by P.A. 98-1171)
9 Sec. 19-3. The application for absentee ballot shall be
10substantially in the following form:
11
APPLICATION FOR ABSENTEE BALLOT
12 To be voted at the .... election in the County of .... and
13State of Illinois, in the .... precinct of the (1) *township of
14.... (2) *City of .... or (3) *.... ward in the City of ....
15 I state that I am a resident of the .... precinct of the
16(1) *township of .... (2) *City of .... or (3) *.... ward in
17the city of .... residing at .... in such city or town in the
18county of .... and State of Illinois; that I have lived at such
19address for .... month(s) last past; that I am lawfully
20entitled to vote in such precinct at the .... election to be
21held therein on ....; and that I wish to vote by absentee
22ballot.
23 I hereby make application for an official ballot or ballots
24to be voted by me at such election, and I agree that I shall
25return such ballot or ballots to the official issuing the same

HB2719- 28 -LRB099 05212 MGM 25246 b
1prior to the closing of the polls on the date of the election
2or, if returned by mail, postmarked no later than midnight
3preceding election day, for counting no later than during the
4period for counting provisional ballots, the last day of which
5is the 14th day following election day.
6 I understand that this application is made for an official
7absentee ballot or ballots to be voted by me at the election
8specified in this application and that I must submit a separate
9application for an official absentee ballot or ballots to be
10voted by me at any subsequent election.
11 Under penalties as provided by law pursuant to Section
1229-10 of The Election Code, the undersigned certifies that the
13statements set forth in this application are true and correct.
14
....
15
*fill in either (1), (2) or (3).
16
Post office address to which ballot is mailed:
17...............
18 However, if application is made for a primary election
19ballot, such application shall require the applicant to
20designate the name of the political party with which the
21applicant is affiliated.
22 If application is made electronically, the applicant shall
23mark the box associated with the above described statement
24included as part of the online application certifying that the
25statements set forth in this application are true and correct,
26and a signature is not required.

HB2719- 29 -LRB099 05212 MGM 25246 b
1 Any person may produce, reproduce, distribute, or return to
2an election authority the application for absentee ballot. Upon
3receipt, the appropriate election authority shall accept and
4promptly process any application for absentee ballot submitted
5in a form substantially similar to that required by this
6Section, including any substantially similar production or
7reproduction generated by the applicant.
8(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
9 (Text of Section after amendment by P.A. 98-1171)
10 Sec. 19-3. The application for vote by mail ballot shall be
11substantially in the following form:
12
APPLICATION FOR VOTE BY MAIL BALLOT
13 To be voted at the .... election in the County of .... and
14State of Illinois, in the .... precinct of the (1) *township of
15.... (2) *City of .... or (3) *.... ward in the City of ....
16 I state that I am a resident of the .... precinct of the
17(1) *township of .... (2) *City of .... or (3) *.... ward in
18the city of .... residing at .... in such city or town in the
19county of .... and State of Illinois; that I have lived at such
20address for .... month(s) last past; that I am lawfully
21entitled to vote in such precinct at the .... election to be
22held therein on ....; and that I wish to vote by vote by mail
23ballot.
24 I hereby make application for an official ballot or ballots
25to be voted by me at such election, and I agree that I shall

HB2719- 30 -LRB099 05212 MGM 25246 b
1return such ballot or ballots to the official issuing the same
2prior to the closing of the polls on the date of the election
3or, if returned by mail, postmarked no later than midnight
4preceding election day, for counting no later than during the
5period for counting provisional ballots, the last day of which
6is the 14th day following election day.
7 I understand that this application is made for an official
8vote by mail ballot or ballots to be voted by me at the
9election specified in this application and that I must submit a
10separate application for an official vote by mail ballot or
11ballots to be voted by me at any subsequent election.
12 Under penalties as provided by law pursuant to Section
1329-10 of The Election Code, the undersigned certifies that the
14statements set forth in this application are true and correct.
15
....
16
*fill in either (1), (2) or (3).
17
Post office address to which ballot is mailed:
18...............
19 However, if application is made for a primary election
20ballot, such application shall require the applicant to
21designate the name of the political party with which the
22applicant is affiliated.
23 If application is made electronically, the applicant shall
24mark the box associated with the above described statement
25included as part of the online application certifying that the
26statements set forth in this application are true and correct,

HB2719- 31 -LRB099 05212 MGM 25246 b
1and a signature is not required.
2 Any person may produce, reproduce, distribute, or return to
3an election authority the application for vote by mail ballot.
4Upon receipt, the appropriate election authority shall accept
5and promptly process any application for vote by mail ballot
6submitted in a form substantially similar to that required by
7this Section, including any substantially similar production
8or reproduction generated by the applicant.
9(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1098-1171, eff. 6-1-15.)
11 (10 ILCS 5/19-4.5 new)
12 Sec. 19-4.5. Absentee primary ballots.
13 (a) Notwithstanding any other provision of law, a person
14entitled to vote by absentee ballot at a primary shall not be
15required to declare his or her political party affiliation, and
16shall be provided with the ballot listing all candidates for
17offices for which the absentee voter is entitled to vote at
18that primary. The ballots provided for absentee voters shall be
19the same open-primary ballots as provided under 7-44 of this
20Act.
21 (b) With respect to the marking, casting, and counting of
22primary ballots, absentee voting shall be conducted in
23accordance with Sections 7-43 and 7-44 of this Code as well as
24the provisions of this Article.

HB2719- 32 -LRB099 05212 MGM 25246 b
1 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
2 (Text of Section before amendment by P.A. 98-1171)
3 Sec. 19-5. It shall be the duty of the election authority
4to fold the ballot or ballots in the manner specified by the
5statute for folding ballots prior to their deposit in the
6ballot box, and to enclose such ballot or ballots in an
7envelope unsealed to be furnished by him, which envelope shall
8bear upon the face thereof the name, official title and post
9office address of the election authority, and upon the other
10side a printed certification in substantially the following
11form:
12 I state that I am a resident of the .... precinct of the
13(1) *township of .... (2) *City of .... or (3) *.... ward in
14the city of .... residing at .... in such city or town in the
15county of .... and State of Illinois, that I have lived at such
16address for .... months last past; and that I am lawfully
17entitled to vote in such precinct at the .... election to be
18held on .....
19*fill in either (1), (2) or (3).
20 I further state that I personally marked the enclosed
21ballot in secret.
22 Under penalties of perjury as provided by law pursuant to
23Section 29-10 of The Election Code, the undersigned certifies
24that the statements set forth in this certification are true
25and correct.
26
.......................

HB2719- 33 -LRB099 05212 MGM 25246 b
1 If the ballot is to go to an elector who is physically
2incapacitated and needs assistance marking the ballot, the
3envelope shall bear upon the back thereof a certification in
4substantially the following form:
5 I state that I am a resident of the .... precinct of the
6(1) *township of .... (2) *City of .... or (3) *.... ward in
7the city of .... residing at .... in such city or town in the
8county of .... and State of Illinois, that I have lived at such
9address for .... months last past; that I am lawfully entitled
10to vote in such precinct at the .... election to be held on
11....; that I am physically incapable of personally marking the
12ballot for such election.
13*fill in either (1), (2) or (3).
14 I further state that I marked the enclosed ballot in secret
15with the assistance of
16
.................................
17
(Individual rendering assistance)
18
.................................
19
(Residence Address)
20 Under penalties of perjury as provided by law pursuant to
21Section 29-10 of The Election Code, the undersigned certifies
22that the statements set forth in this certification are true
23and correct.
24
.......................
25 In the case of a voter with a physical incapacity, marking
26a ballot in secret includes marking a ballot with the

HB2719- 34 -LRB099 05212 MGM 25246 b
1assistance of another individual, other than a candidate whose
2name appears on the ballot (unless the voter is the spouse or a
3parent, child, brother, or sister of the candidate), the
4voter's employer, an agent of that employer, or an officer or
5agent of the voter's union, when the voter's physical
6incapacity necessitates such assistance.
7 In the case of a physically incapacitated voter, marking a
8ballot in secret includes marking a ballot with the assistance
9of another individual, other than a candidate whose name
10appears on the ballot (unless the voter is the spouse or a
11parent, child, brother, or sister of the candidate), the
12voter's employer, an agent of that employer, or an officer or
13agent of the voter's union, when the voter's physical
14incapacity necessitates such assistance.
15 Provided, that if the ballot enclosed is to be voted at a
16primary election, the certification shall designate the name of
17the political party with which the voter is affiliated.
18 In addition to the above, the election authority shall
19provide printed slips giving full instructions regarding the
20manner of marking and returning the ballot in order that the
21same may be counted, and shall furnish one of such printed
22slips to each of such applicants at the same time the ballot is
23delivered to him. Such instructions shall include the following
24statement: "In signing the certification on the absentee ballot
25envelope, you are attesting that you personally marked this
26absentee ballot in secret. If you are physically unable to mark

HB2719- 35 -LRB099 05212 MGM 25246 b
1the ballot, a friend or relative may assist you after
2completing the enclosed affidavit. Federal and State laws
3prohibit a candidate whose name appears on the ballot (unless
4you are the spouse or a parent, child, brother, or sister of
5the candidate), your employer, your employer's agent or an
6officer or agent of your union from assisting physically
7disabled voters."
8 In addition to the above, if a ballot to be provided to an
9elector pursuant to this Section contains a public question
10described in subsection (b) of Section 28-6 and the territory
11concerning which the question is to be submitted is not
12described on the ballot due to the space limitations of such
13ballot, the election authority shall provide a printed copy of
14a notice of the public question, which shall include a
15description of the territory in the manner required by Section
1616-7. The notice shall be furnished to the elector at the same
17time the ballot is delivered to the elector.
18(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
19 (Text of Section after amendment by P.A. 98-1171)
20 Sec. 19-5. It shall be the duty of the election authority
21to fold the ballot or ballots in the manner specified by the
22statute for folding ballots prior to their deposit in the
23ballot box, and to enclose such ballot or ballots in an
24envelope unsealed to be furnished by him, which envelope shall
25bear upon the face thereof the name, official title and post

HB2719- 36 -LRB099 05212 MGM 25246 b
1office address of the election authority, and upon the other
2side a printed certification in substantially the following
3form:
4 I state that I am a resident of the .... precinct of the
5(1) *township of .... (2) *City of .... or (3) *.... ward in
6the city of .... residing at .... in such city or town in the
7county of .... and State of Illinois, that I have lived at such
8address for .... months last past; and that I am lawfully
9entitled to vote in such precinct at the .... election to be
10held on .....
11*fill in either (1), (2) or (3).
12 I further state that I personally marked the enclosed
13ballot in secret.
14 Under penalties of perjury as provided by law pursuant to
15Section 29-10 of The Election Code, the undersigned certifies
16that the statements set forth in this certification are true
17and correct.
18
.......................
19 If the ballot is to go to an elector who is physically
20incapacitated and needs assistance marking the ballot, the
21envelope shall bear upon the back thereof a certification in
22substantially the following form:
23 I state that I am a resident of the .... precinct of the
24(1) *township of .... (2) *City of .... or (3) *.... ward in
25the city of .... residing at .... in such city or town in the
26county of .... and State of Illinois, that I have lived at such

HB2719- 37 -LRB099 05212 MGM 25246 b
1address for .... months last past; that I am lawfully entitled
2to vote in such precinct at the .... election to be held on
3....; that I am physically incapable of personally marking the
4ballot for such election.
5*fill in either (1), (2) or (3).
6 I further state that I marked the enclosed ballot in secret
7with the assistance of
8
.................................
9
(Individual rendering assistance)
10
.................................
11
(Residence Address)
12 Under penalties of perjury as provided by law pursuant to
13Section 29-10 of The Election Code, the undersigned certifies
14that the statements set forth in this certification are true
15and correct.
16
.......................
17 In the case of a voter with a physical incapacity, marking
18a ballot in secret includes marking a ballot with the
19assistance of another individual, other than a candidate whose
20name appears on the ballot (unless the voter is the spouse or a
21parent, child, brother, or sister of the candidate), the
22voter's employer, an agent of that employer, or an officer or
23agent of the voter's union, when the voter's physical
24incapacity necessitates such assistance.
25 In the case of a physically incapacitated voter, marking a
26ballot in secret includes marking a ballot with the assistance

HB2719- 38 -LRB099 05212 MGM 25246 b
1of another individual, other than a candidate whose name
2appears on the ballot (unless the voter is the spouse or a
3parent, child, brother, or sister of the candidate), the
4voter's employer, an agent of that employer, or an officer or
5agent of the voter's union, when the voter's physical
6incapacity necessitates such assistance.
7 Provided, that if the ballot enclosed is to be voted at a
8primary election, the certification shall designate the name of
9the political party with which the voter is affiliated.
10 In addition to the above, the election authority shall
11provide printed slips giving full instructions regarding the
12manner of marking and returning the ballot in order that the
13same may be counted, and shall furnish one of such printed
14slips to each of such applicants at the same time the ballot is
15delivered to him. Such instructions shall include the following
16statement: "In signing the certification on the vote by mail
17ballot envelope, you are attesting that you personally marked
18this vote by mail ballot in secret. If you are physically
19unable to mark the ballot, a friend or relative may assist you
20after completing the enclosed affidavit. Federal and State laws
21prohibit a candidate whose name appears on the ballot (unless
22you are the spouse or a parent, child, brother, or sister of
23the candidate), your employer, your employer's agent or an
24officer or agent of your union from assisting physically
25disabled voters."
26 In addition to the above, if a ballot to be provided to an

HB2719- 39 -LRB099 05212 MGM 25246 b
1elector pursuant to this Section contains a public question
2described in subsection (b) of Section 28-6 and the territory
3concerning which the question is to be submitted is not
4described on the ballot due to the space limitations of such
5ballot, the election authority shall provide a printed copy of
6a notice of the public question, which shall include a
7description of the territory in the manner required by Section
816-7. The notice shall be furnished to the elector at the same
9time the ballot is delivered to the elector.
10(Source: P.A. 98-1171, eff. 6-1-15.)
11 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
12 (Text of Section before amendment by P.A. 98-1171)
13 Sec. 19-8. Time and place of counting ballots.
14 (a) (Blank.)
15 (b) Each absent voter's ballot returned to an election
16authority, by any means authorized by this Article, and
17received by that election authority before the closing of the
18polls on election day shall be endorsed by the receiving
19election authority with the day and hour of receipt and shall
20be counted in the central ballot counting location of the
21election authority on the day of the election after 7:00 p.m.,
22except as provided in subsections (g) and (g-5).
23 (c) Each absent voter's ballot that is mailed to an
24election authority and postmarked by the midnight preceding the
25opening of the polls on election day, but that is received by

HB2719- 40 -LRB099 05212 MGM 25246 b
1the election authority after the polls close on election day
2and before the close of the period for counting provisional
3ballots cast at that election, shall be endorsed by the
4receiving authority with the day and hour of receipt and shall
5be counted at the central ballot counting location of the
6election authority during the period for counting provisional
7ballots.
8 Each absent voter's ballot that is mailed to an election
9authority absent a postmark, but that is received by the
10election authority after the polls close on election day and
11before the close of the period for counting provisional ballots
12cast at that election, shall be endorsed by the receiving
13authority with the day and hour of receipt, opened to inspect
14the date inserted on the certification, and, if the
15certification date is a date preceding the election day and the
16ballot is otherwise found to be valid under the requirements of
17this Section, counted at the central ballot counting location
18of the election authority during the period for counting
19provisional ballots. Absent a date on the certification, the
20ballot shall not be counted.
21 (d) Special write-in absentee voter's blank ballots
22returned to an election authority, by any means authorized by
23this Article, and received by the election authority at any
24time before the closing of the polls on election day shall be
25endorsed by the receiving election authority with the day and
26hour of receipt and shall be counted at the central ballot

HB2719- 41 -LRB099 05212 MGM 25246 b
1counting location of the election authority during the same
2period provided for counting absent voters' ballots under
3subsections (b), (g), and (g-5). Special write-in absentee
4voter's blank ballots that are mailed to an election authority
5and postmarked by the midnight preceding the opening of the
6polls on election day, but that are received by the election
7authority after the polls close on election day and before the
8closing of the period for counting provisional ballots cast at
9that election, shall be endorsed by the receiving authority
10with the day and hour of receipt and shall be counted at the
11central ballot counting location of the election authority
12during the same periods provided for counting absent voters'
13ballots under subsection (c).
14 (e) Except as otherwise provided in this Section, absent
15voters' ballots and special write-in absentee voter's blank
16ballots received by the election authority after the closing of
17the polls on an election day shall be endorsed by the election
18authority receiving them with the day and hour of receipt and
19shall be safely kept unopened by the election authority for the
20period of time required for the preservation of ballots used at
21the election, and shall then, without being opened, be
22destroyed in like manner as the used ballots of that election.
23 (f) Counting required under this Section to begin on
24election day after the closing of the polls shall commence no
25later than 8:00 p.m. and shall be conducted by a panel or
26panels of election judges appointed in the manner provided by

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1law. The counting shall continue until all absent voters'
2ballots and special write-in absentee voter's blank ballots
3required to be counted on election day have been counted.
4 (g) The procedures set forth in Articles 17 and 18 and,
5with respect to primaries, in Section 19-4.5 of this Code shall
6apply to all ballots counted under this Section. In addition,
7within 2 days after an absentee ballot, other than an in-person
8absentee ballot, is received, but in all cases before the close
9of the period for counting provisional ballots, the election
10judge or official shall compare the voter's signature on the
11certification envelope of that absentee ballot with the
12signature of the voter on file in the office of the election
13authority. If the election judge or official determines that
14the 2 signatures match, and that the absentee voter is
15otherwise qualified to cast an absentee ballot, the election
16authority shall cast and count the ballot on election day or
17the day the ballot is determined to be valid, whichever is
18later, adding the results to the precinct in which the voter is
19registered. If the election judge or official determines that
20the signatures do not match, or that the absentee voter is not
21qualified to cast an absentee ballot, then without opening the
22certification envelope, the judge or official shall mark across
23the face of the certification envelope the word "Rejected" and
24shall not cast or count the ballot.
25 In addition to the voter's signatures not matching, an
26absentee ballot may be rejected by the election judge or

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1official:
2 (1) if the ballot envelope is open or has been opened
3 and resealed;
4 (2) if the voter has already cast an early or grace
5 period ballot;
6 (3) if the voter voted in person on election day or the
7 voter is not a duly registered voter in the precinct; or
8 (4) on any other basis set forth in this Code.
9 If the election judge or official determines that any of
10these reasons apply, the judge or official shall mark across
11the face of the certification envelope the word "Rejected" and
12shall not cast or count the ballot.
13 (g-5) If an absentee ballot, other than an in-person
14absentee ballot, is rejected by the election judge or official
15for any reason, the election authority shall, within 2 days
16after the rejection but in all cases before the close of the
17period for counting provisional ballots, notify the absentee
18voter that his or her ballot was rejected. The notice shall
19inform the voter of the reason or reasons the ballot was
20rejected and shall state that the voter may appear before the
21election authority, on or before the 14th day after the
22election, to show cause as to why the ballot should not be
23rejected. The voter may present evidence to the election
24authority supporting his or her contention that the ballot
25should be counted. The election authority shall appoint a panel
26of 3 election judges to review the contested ballot,

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1application, and certification envelope, as well as any
2evidence submitted by the absentee voter. No more than 2
3election judges on the reviewing panel shall be of the same
4political party. The reviewing panel of election judges shall
5make a final determination as to the validity of the contested
6absentee ballot. The judges' determination shall not be
7reviewable either administratively or judicially.
8 An absentee ballot subject to this subsection that is
9determined to be valid shall be counted before the close of the
10period for counting provisional ballots.
11 (g-10) All absentee ballots determined to be valid shall be
12added to the vote totals for the precincts for which they were
13cast in the order in which the ballots were opened.
14 (h) Each political party, candidate, and qualified civic
15organization shall be entitled to have present one pollwatcher
16for each panel of election judges therein assigned.
17(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
1895-699, eff. 11-9-07.)
19 (Text of Section after amendment by P.A. 98-1171)
20 Sec. 19-8. Time and place of counting ballots.
21 (a) (Blank.)
22 (b) Each vote by mail voter's ballot returned to an
23election authority, by any means authorized by this Article,
24and received by that election authority before the closing of
25the polls on election day shall be endorsed by the receiving

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1election authority with the day and hour of receipt and may be
2processed by the election authority beginning on the 15th day
3before election day in the central ballot counting location of
4the election authority, but the results of the processing may
5not be counted until the day of the election after 7:00 p.m.,
6except as provided in subsections (g) and (g-5).
7 (c) Each vote by mail voter's ballot that is mailed to an
8election authority and postmarked no later than election day,
9but that is received by the election authority after the polls
10close on election day and before the close of the period for
11counting provisional ballots cast at that election, shall be
12endorsed by the receiving authority with the day and hour of
13receipt and shall be counted at the central ballot counting
14location of the election authority during the period for
15counting provisional ballots.
16 Each vote by mail voter's ballot that is mailed to an
17election authority absent a postmark, but that is received by
18the election authority after the polls close on election day
19and before the close of the period for counting provisional
20ballots cast at that election, shall be endorsed by the
21receiving authority with the day and hour of receipt, opened to
22inspect the date inserted on the certification, and, if the
23certification date is a date preceding the election day and the
24ballot is otherwise found to be valid under the requirements of
25this Section, counted at the central ballot counting location
26of the election authority during the period for counting

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1provisional ballots. Absent a date on the certification, the
2ballot shall not be counted.
3 (d) Special write-in vote by mail voter's blank ballots
4returned to an election authority, by any means authorized by
5this Article, and received by the election authority at any
6time before the closing of the polls on election day shall be
7endorsed by the receiving election authority with the day and
8hour of receipt and shall be counted at the central ballot
9counting location of the election authority during the same
10period provided for counting vote by mail voters' ballots under
11subsections (b), (g), and (g-5). Special write-in vote by mail
12voter's blank ballots that are mailed to an election authority
13and postmarked no later than election day, but that are
14received by the election authority after the polls close on
15election day and before the closing of the period for counting
16provisional ballots cast at that election, shall be endorsed by
17the receiving authority with the day and hour of receipt and
18shall be counted at the central ballot counting location of the
19election authority during the same periods provided for
20counting vote by mail voters' ballots under subsection (c).
21 (e) Except as otherwise provided in this Section, vote by
22mail voters' ballots and special write-in vote by mail voter's
23blank ballots received by the election authority after the
24closing of the polls on an election day shall be endorsed by
25the election authority receiving them with the day and hour of
26receipt and shall be safely kept unopened by the election

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1authority for the period of time required for the preservation
2of ballots used at the election, and shall then, without being
3opened, be destroyed in like manner as the used ballots of that
4election.
5 (f) Counting required under this Section to begin on
6election day after the closing of the polls shall commence no
7later than 8:00 p.m. and shall be conducted by a panel or
8panels of election judges appointed in the manner provided by
9law. The counting shall continue until all vote by mail voters'
10ballots and special write-in vote by mail voter's blank ballots
11required to be counted on election day have been counted.
12 (g) The procedures set forth in Articles 17 and 18 and,
13with respect to primaries, in Section 19-4.5 of this Code shall
14apply to all ballots counted under this Section. In addition,
15within 2 days after a vote by mail ballot is received, but in
16all cases before the close of the period for counting
17provisional ballots, the election judge or official shall
18compare the voter's signature on the certification envelope of
19that vote by mail ballot with the signature of the voter on
20file in the office of the election authority. If the election
21judge or official determines that the 2 signatures match, and
22that the vote by mail voter is otherwise qualified to cast a
23vote by mail ballot, the election authority shall cast and
24count the ballot on election day or the day the ballot is
25determined to be valid, whichever is later, adding the results
26to the precinct in which the voter is registered. If the

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1election judge or official determines that the signatures do
2not match, or that the vote by mail voter is not qualified to
3cast a vote by mail ballot, then without opening the
4certification envelope, the judge or official shall mark across
5the face of the certification envelope the word "Rejected" and
6shall not cast or count the ballot.
7 In addition to the voter's signatures not matching, a vote
8by mail ballot may be rejected by the election judge or
9official:
10 (1) if the ballot envelope is open or has been opened
11 and resealed;
12 (2) if the voter has already cast an early or grace
13 period ballot;
14 (3) if the voter voted in person on election day or the
15 voter is not a duly registered voter in the precinct; or
16 (4) on any other basis set forth in this Code.
17 If the election judge or official determines that any of
18these reasons apply, the judge or official shall mark across
19the face of the certification envelope the word "Rejected" and
20shall not cast or count the ballot.
21 (g-5) If a vote by mail ballot is rejected by the election
22judge or official for any reason, the election authority shall,
23within 2 days after the rejection but in all cases before the
24close of the period for counting provisional ballots, notify
25the vote by mail voter that his or her ballot was rejected. The
26notice shall inform the voter of the reason or reasons the

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1ballot was rejected and shall state that the voter may appear
2before the election authority, on or before the 14th day after
3the election, to show cause as to why the ballot should not be
4rejected. The voter may present evidence to the election
5authority supporting his or her contention that the ballot
6should be counted. The election authority shall appoint a panel
7of 3 election judges to review the contested ballot,
8application, and certification envelope, as well as any
9evidence submitted by the vote by mail voter. No more than 2
10election judges on the reviewing panel shall be of the same
11political party. The reviewing panel of election judges shall
12make a final determination as to the validity of the contested
13vote by mail ballot. The judges' determination shall not be
14reviewable either administratively or judicially.
15 A vote by mail ballot subject to this subsection that is
16determined to be valid shall be counted before the close of the
17period for counting provisional ballots.
18 (g-10) All vote by mail ballots determined to be valid
19shall be added to the vote totals for the precincts for which
20they were cast in the order in which the ballots were opened.
21 (h) Each political party, candidate, and qualified civic
22organization shall be entitled to have present one pollwatcher
23for each panel of election judges therein assigned.
24(Source: P.A. 98-1171, eff. 6-1-15.)
25 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)

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1 (Text of Section before amendment by P.A. 98-1171)
2 Sec. 19-12.1. Any qualified elector who has secured an
3Illinois Person with a Disability Identification Card in
4accordance with the Illinois Identification Card Act,
5indicating that the person named thereon has a Class 1A or
6Class 2 disability or any qualified voter who has a permanent
7physical incapacity of such a nature as to make it improbable
8that he will be able to be present at the polls at any future
9election, or any voter who is a resident of (i) a federally
10operated veterans' home, hospital, or facility located in
11Illinois or (ii) a facility licensed or certified pursuant to
12the Nursing Home Care Act, the Specialized Mental Health
13Rehabilitation Act of 2013, or the ID/DD Community Care Act and
14has a condition or disability of such a nature as to make it
15improbable that he will be able to be present at the polls at
16any future election, may secure a disabled voter's or nursing
17home resident's identification card, which will enable him to
18vote under this Article as a physically incapacitated or
19nursing home voter. For the purposes of this Section,
20"federally operated veterans' home, hospital, or facility"
21means the long-term care facilities at the Jesse Brown VA
22Medical Center, Illiana Health Care System, Edward Hines, Jr.
23VA Hospital, Marion VA Medical Center, and Captain James A.
24Lovell Federal Health Care Center.
25 Application for a disabled voter's or nursing home
26resident's identification card shall be made either: (a) in

HB2719- 51 -LRB099 05212 MGM 25246 b
1writing, with voter's sworn affidavit, to the county clerk or
2board of election commissioners, as the case may be, and shall
3be accompanied by the affidavit of the attending physician
4specifically describing the nature of the physical incapacity
5or the fact that the voter is a nursing home resident and is
6physically unable to be present at the polls on election days;
7or (b) by presenting, in writing or otherwise, to the county
8clerk or board of election commissioners, as the case may be,
9proof that the applicant has secured an Illinois Person with a
10Disability Identification Card indicating that the person
11named thereon has a Class 1A or Class 2 disability. Upon the
12receipt of either the sworn-to application and the physician's
13affidavit or proof that the applicant has secured an Illinois
14Person with a Disability Identification Card indicating that
15the person named thereon has a Class 1A or Class 2 disability,
16the county clerk or board of election commissioners shall issue
17a disabled voter's or nursing home resident's identification
18card. Such identification cards shall be issued for a period of
195 years, upon the expiration of which time the voter may secure
20a new card by making application in the same manner as is
21prescribed for the issuance of an original card, accompanied by
22a new affidavit of the attending physician. The date of
23expiration of such five-year period shall be made known to any
24interested person by the election authority upon the request of
25such person. Applications for the renewal of the identification
26cards shall be mailed to the voters holding such cards not less

HB2719- 52 -LRB099 05212 MGM 25246 b
1than 3 months prior to the date of expiration of the cards.
2 Each disabled voter's or nursing home resident's
3identification card shall bear an identification number, which
4shall be clearly noted on the voter's original and duplicate
5registration record cards. In the event the holder becomes
6physically capable of resuming normal voting, he must surrender
7his disabled voter's or nursing home resident's identification
8card to the county clerk or board of election commissioners
9before the next election.
10 The holder of a disabled voter's or nursing home resident's
11identification card may make application by mail for an
12official ballot within the time prescribed by Section 19-2.
13Such application shall contain the same information as is
14included in the form of application for ballot by a physically
15incapacitated elector prescribed in Section 19-3 except that it
16shall also include the applicant's disabled voter's
17identification card number and except that it need not be sworn
18to. If an examination of the records discloses that the
19applicant is lawfully entitled to vote, he shall be mailed a
20ballot as provided in Section 19-4 and, if applicable, in
21Section 19-4.5. The ballot envelope shall be the same as that
22prescribed in Section 19-5 for physically disabled voters, and
23the manner of voting and returning the ballot shall be the same
24as that provided in this Article for other absentee ballots,
25except that a statement to be subscribed to by the voter but
26which need not be sworn to shall be placed on the ballot

HB2719- 53 -LRB099 05212 MGM 25246 b
1envelope in lieu of the affidavit prescribed by Section 19-5.
2 Any person who knowingly subscribes to a false statement in
3connection with voting under this Section shall be guilty of a
4Class A misdemeanor.
5 For the purposes of this Section, "nursing home resident"
6includes a resident of (i) a federally operated veterans' home,
7hospital, or facility located in Illinois or (ii) a facility
8licensed under the ID/DD Community Care Act or the Specialized
9Mental Health Rehabilitation Act of 2013. For the purposes of
10this Section, "federally operated veterans' home, hospital, or
11facility" means the long-term care facilities at the Jesse
12Brown VA Medical Center, Illiana Health Care System, Edward
13Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
14James A. Lovell Federal Health Care Center.
15(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
16eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
1798-104, eff. 7-22-13.)
18 (Text of Section after amendment by P.A. 98-1171)
19 Sec. 19-12.1. Any qualified elector who has secured an
20Illinois Person with a Disability Identification Card in
21accordance with the Illinois Identification Card Act,
22indicating that the person named thereon has a Class 1A or
23Class 2 disability or any qualified voter who has a permanent
24physical incapacity of such a nature as to make it improbable
25that he will be able to be present at the polls at any future

HB2719- 54 -LRB099 05212 MGM 25246 b
1election, or any voter who is a resident of (i) a federally
2operated veterans' home, hospital, or facility located in
3Illinois or (ii) a facility licensed or certified pursuant to
4the Nursing Home Care Act, the Specialized Mental Health
5Rehabilitation Act of 2013, or the ID/DD Community Care Act and
6has a condition or disability of such a nature as to make it
7improbable that he will be able to be present at the polls at
8any future election, may secure a disabled voter's or nursing
9home resident's identification card, which will enable him to
10vote under this Article as a physically incapacitated or
11nursing home voter. For the purposes of this Section,
12"federally operated veterans' home, hospital, or facility"
13means the long-term care facilities at the Jesse Brown VA
14Medical Center, Illiana Health Care System, Edward Hines, Jr.
15VA Hospital, Marion VA Medical Center, and Captain James A.
16Lovell Federal Health Care Center.
17 Application for a disabled voter's or nursing home
18resident's identification card shall be made either: (a) in
19writing, with voter's sworn affidavit, to the county clerk or
20board of election commissioners, as the case may be, and shall
21be accompanied by the affidavit of the attending physician
22specifically describing the nature of the physical incapacity
23or the fact that the voter is a nursing home resident and is
24physically unable to be present at the polls on election days;
25or (b) by presenting, in writing or otherwise, to the county
26clerk or board of election commissioners, as the case may be,

HB2719- 55 -LRB099 05212 MGM 25246 b
1proof that the applicant has secured an Illinois Person with a
2Disability Identification Card indicating that the person
3named thereon has a Class 1A or Class 2 disability. Upon the
4receipt of either the sworn-to application and the physician's
5affidavit or proof that the applicant has secured an Illinois
6Person with a Disability Identification Card indicating that
7the person named thereon has a Class 1A or Class 2 disability,
8the county clerk or board of election commissioners shall issue
9a disabled voter's or nursing home resident's identification
10card. Such identification cards shall be issued for a period of
115 years, upon the expiration of which time the voter may secure
12a new card by making application in the same manner as is
13prescribed for the issuance of an original card, accompanied by
14a new affidavit of the attending physician. The date of
15expiration of such five-year period shall be made known to any
16interested person by the election authority upon the request of
17such person. Applications for the renewal of the identification
18cards shall be mailed to the voters holding such cards not less
19than 3 months prior to the date of expiration of the cards.
20 Each disabled voter's or nursing home resident's
21identification card shall bear an identification number, which
22shall be clearly noted on the voter's original and duplicate
23registration record cards. In the event the holder becomes
24physically capable of resuming normal voting, he must surrender
25his disabled voter's or nursing home resident's identification
26card to the county clerk or board of election commissioners

HB2719- 56 -LRB099 05212 MGM 25246 b
1before the next election.
2 The holder of a disabled voter's or nursing home resident's
3identification card may make application by mail for an
4official ballot within the time prescribed by Section 19-2.
5Such application shall contain the same information as is
6included in the form of application for ballot by a physically
7incapacitated elector prescribed in Section 19-3 except that it
8shall also include the applicant's disabled voter's
9identification card number and except that it need not be sworn
10to. If an examination of the records discloses that the
11applicant is lawfully entitled to vote, he shall be mailed a
12ballot as provided in Section 19-4 and, if applicable, in
13Section 19-4.5. The ballot envelope shall be the same as that
14prescribed in Section 19-5 for physically disabled voters, and
15the manner of voting and returning the ballot shall be the same
16as that provided in this Article for other vote by mail
17ballots, except that a statement to be subscribed to by the
18voter but which need not be sworn to shall be placed on the
19ballot envelope in lieu of the affidavit prescribed by Section
2019-5.
21 Any person who knowingly subscribes to a false statement in
22connection with voting under this Section shall be guilty of a
23Class A misdemeanor.
24 For the purposes of this Section, "nursing home resident"
25includes a resident of (i) a federally operated veterans' home,
26hospital, or facility located in Illinois or (ii) a facility

HB2719- 57 -LRB099 05212 MGM 25246 b
1licensed under the ID/DD Community Care Act or the Specialized
2Mental Health Rehabilitation Act of 2013. For the purposes of
3this Section, "federally operated veterans' home, hospital, or
4facility" means the long-term care facilities at the Jesse
5Brown VA Medical Center, Illiana Health Care System, Edward
6Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
7James A. Lovell Federal Health Care Center.
8(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
9eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
1098-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
11 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
12 (Text of Section before amendment by P.A. 98-1171)
13 Sec. 20-3. The election authority shall furnish the
14following applications for absentee registration or absentee
15ballot which shall be considered a method of application in
16lieu of the official postcard.
17 1. Members of the United States Service, citizens of the
18United States temporarily residing outside the territorial
19limits of the United States, and certified program participants
20under the Address Confidentiality for Victims of Domestic
21Violence Act may make application within the periods prescribed
22in Sections 20-2 or 20-2.1, as the case may be. Such
23application shall be substantially in the following form:
24
"APPLICATION FOR BALLOT
25 To be voted at the............ election in the precinct in

HB2719- 58 -LRB099 05212 MGM 25246 b
1which is located my residence at..............., in the
2city/village/township of ............(insert home address)
3County of........... and State of Illinois.
4 I state that I am a citizen of the United States; that on
5(insert date of election) I shall have resided in the State of
6Illinois and in the election precinct for 30 days; that on the
7above date I shall be the age of 18 years or above; that I am
8lawfully entitled to vote in such precinct at that election;
9that I am (check category 1, 2, or 3 below):
10 1. ( ) a member of the United States Service,
11 2. ( ) a citizen of the United States temporarily residing
12outside the territorial limits of the United States and that I
13expect to be absent from the said county of my residence on the
14date of holding such election, and that I will have no
15opportunity to vote in person on that day.
16 3. ( ) a certified program participant under the Address
17Confidentiality for Victims of Domestic Violence Act.
18 I hereby make application for an official ballot or ballots
19to be voted by me at such election if I am absent from the said
20county of my residence, and I agree that I shall return said
21ballot or ballots to the election authority postmarked no later
22than midnight preceding election day, for counting no later
23than during the period for counting provisional ballots, the
24last day of which is the 14th day following election day or
25shall destroy said ballot or ballots.
26 (Check below only if category 2 or 3 and not previously

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1registered)
2 ( ) I hereby make application to become registered as a
3voter and agree to return the forms and affidavits for
4registration to the election authority not later than 30 days
5before the election.
6 Under penalties as provided by law pursuant to Article 29
7of The Election Code, the undersigned certifies that the
8statements set forth in this application are true and correct.
9
.........................
10 Post office address or service address to which
11registration materials or ballot should be mailed
12
.........................
13
.........................
14
.........................
15
........................"
16 If application is made for a primary election ballot, such
17application shall designate the name of the political party
18with which the applicant is affiliated.
19 Such applications may be obtained from the election
20authority having jurisdiction over the person's precinct of
21residence.
22 2. A spouse or dependent of a member of the United States
23Service, said spouse or dependent being a registered voter in
24the county, may make application on behalf of said person in
25the office of the election authority within the periods
26prescribed in Section 20-2 which shall be substantially in the

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1following form:
2"APPLICATION FOR BALLOT to be voted at the........... election
3in the precinct in which is located the residence of the person
4for whom this application is made at.............(insert
5residence address) in the city/village/township of.........
6County of.......... and State of Illinois.
7 I certify that the following named person................
8(insert name of person) is a member of the United States
9Service.
10 I state that said person is a citizen of the United States;
11that on (insert date of election) said person shall have
12resided in the State of Illinois and in the election precinct
13for which this application is made for 30 days; that on the
14above date said person shall be the age of 18 years or above;
15that said person is lawfully entitled to vote in such precinct
16at that election; that said person is a member of the United
17States Service, and that in the course of his duties said
18person expects to be absent from his county of residence on the
19date of holding such election, and that said person will have
20no opportunity to vote in person on that day.
21 I hereby make application for an official ballot or ballots
22to be voted by said person at such election and said person
23agrees that he shall return said ballot or ballots to the
24election authority postmarked no later than midnight preceding
25election day, for counting no later than during the period for
26counting provisional ballots, the last day of which is the 14th

HB2719- 61 -LRB099 05212 MGM 25246 b
1day following election day, or shall destroy said ballot or
2ballots.
3 I hereby certify that I am the (mother, father, sister,
4brother, husband or wife) of the said elector, and that I am a
5registered voter in the election precinct for which this
6application is made. (Strike all but one that is applicable.)
7 Under penalties as provided by law pursuant to Article 29
8of The Election Code, the undersigned certifies that the
9statements set forth in this application are true and correct.
10
Name of applicant ......................
11
Residence address ........................
12
City/village/township........................
13 Service address to which ballot should be mailed:
14
.........................
15
.........................
16
.........................
17
........................"
18 If application is made for a primary election ballot, such
19application shall designate the name of the political party
20with which the person for whom application is made is
21affiliated.
22 Such applications may be obtained from the election
23authority having jurisdiction over the voting precinct in which
24the person for whom application is made is entitled to vote.
25(Source: P.A. 96-312, eff. 1-1-10.)

HB2719- 62 -LRB099 05212 MGM 25246 b
1 (Text of Section after amendment by P.A. 98-1171)
2 Sec. 20-3. The election authority shall furnish the
3following applications for registration by mail or vote by mail
4ballot which shall be considered a method of application in
5lieu of the official postcard.
6 1. Members of the United States Service, citizens of the
7United States temporarily residing outside the territorial
8limits of the United States, and certified program participants
9under the Address Confidentiality for Victims of Domestic
10Violence Act may make application within the periods prescribed
11in Sections 20-2 or 20-2.1, as the case may be. Such
12application shall be substantially in the following form:
13
"APPLICATION FOR BALLOT
14 To be voted at the............ election in the precinct in
15which is located my residence at..............., in the
16city/village/township of ............(insert home address)
17County of........... and State of Illinois.
18 I state that I am a citizen of the United States; that on
19(insert date of election) I shall have resided in the State of
20Illinois and in the election precinct for 30 days; that on the
21above date I shall be the age of 18 years or above; that I am
22lawfully entitled to vote in such precinct at that election;
23that I am (check category 1, 2, or 3 below):
24 1. ( ) a member of the United States Service,
25 2. ( ) a citizen of the United States temporarily residing
26outside the territorial limits of the United States and that I

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1expect to be absent from the said county of my residence on the
2date of holding such election, and that I will have no
3opportunity to vote in person on that day.
4 3. ( ) a certified program participant under the Address
5Confidentiality for Victims of Domestic Violence Act.
6 I hereby make application for an official ballot or ballots
7to be voted by me at such election if I am absent from the said
8county of my residence, and I agree that I shall return said
9ballot or ballots to the election authority postmarked no later
10than midnight preceding election day, for counting no later
11than during the period for counting provisional ballots, the
12last day of which is the 14th day following election day or
13shall destroy said ballot or ballots.
14 (Check below only if category 2 or 3 and not previously
15registered)
16 ( ) I hereby make application to become registered as a
17voter and agree to return the forms and affidavits for
18registration to the election authority not later than 30 days
19before the election.
20 Under penalties as provided by law pursuant to Article 29
21of The Election Code, the undersigned certifies that the
22statements set forth in this application are true and correct.
23
.........................
24 Post office address or service address to which
25registration materials or ballot should be mailed
26
.........................

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1
.........................
2
.........................
3
........................"
4 If application is made for a primary election ballot, such
5application shall designate the name of the political party
6with which the applicant is affiliated.
7 Such applications may be obtained from the election
8authority having jurisdiction over the person's precinct of
9residence.
10 2. A spouse or dependent of a member of the United States
11Service, said spouse or dependent being a registered voter in
12the county, may make application on behalf of said person in
13the office of the election authority within the periods
14prescribed in Section 20-2 which shall be substantially in the
15following form:
16"APPLICATION FOR BALLOT to be voted at the........... election
17in the precinct in which is located the residence of the person
18for whom this application is made at.............(insert
19residence address) in the city/village/township of.........
20County of.......... and State of Illinois.
21 I certify that the following named person................
22(insert name of person) is a member of the United States
23Service.
24 I state that said person is a citizen of the United States;
25that on (insert date of election) said person shall have
26resided in the State of Illinois and in the election precinct

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1for which this application is made for 30 days; that on the
2above date said person shall be the age of 18 years or above;
3that said person is lawfully entitled to vote in such precinct
4at that election; that said person is a member of the United
5States Service, and that in the course of his duties said
6person expects to be absent from his county of residence on the
7date of holding such election, and that said person will have
8no opportunity to vote in person on that day.
9 I hereby make application for an official ballot or ballots
10to be voted by said person at such election and said person
11agrees that he shall return said ballot or ballots to the
12election authority postmarked no later than midnight preceding
13election day, for counting no later than during the period for
14counting provisional ballots, the last day of which is the 14th
15day following election day, or shall destroy said ballot or
16ballots.
17 I hereby certify that I am the (mother, father, sister,
18brother, husband or wife) of the said elector, and that I am a
19registered voter in the election precinct for which this
20application is made. (Strike all but one that is applicable.)
21 Under penalties as provided by law pursuant to Article 29
22of The Election Code, the undersigned certifies that the
23statements set forth in this application are true and correct.
24
Name of applicant ......................
25
Residence address ........................
26
City/village/township........................

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1 Service address to which ballot should be mailed:
2
.........................
3
.........................
4
.........................
5
........................"
6 If application is made for a primary election ballot, such
7application shall designate the name of the political party
8with which the person for whom application is made is
9affiliated.
10 Such applications may be obtained from the election
11authority having jurisdiction over the voting precinct in which
12the person for whom application is made is entitled to vote.
13(Source: P.A. 98-1171, eff. 6-1-15.)
14 (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
15 (Text of Section before amendment by P.A. 98-1171)
16 Sec. 20-4. Immediately upon the receipt of the official
17postcard or an application as provided in Section 20-3 within
18the times heretofore prescribed, the election authority shall
19ascertain whether or not such applicant is legally entitled to
20vote as requested, including verification of the applicant's
21signature by comparison with the signature on the official
22registration record card, if any. If the election authority
23ascertains that the applicant is lawfully entitled to vote, it
24shall enter the name, street address, ward and precinct number
25of such applicant on a list to be posted in his or its office in

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1a place accessible to the public. Within one day after posting
2the name and other information of an applicant for a ballot,
3the election authority shall transmit that name and posted
4information to the State Board of Elections, which shall
5maintain the names and other information in an electronic
6format on its website, arranged by county and accessible to
7State and local political committees. As soon as the official
8ballot is prepared the election authority shall immediately
9deliver the same to the applicant in person, by mail, by
10facsimile transmission, or by electronic transmission as
11provided in 20-4.5, when applicable, and this Article.
12 If any such election authority receives a second or
13additional application which it believes is from the same
14person, he or it shall submit it to the chief judge of the
15circuit court or any judge of that court designated by the
16chief judge. If the chief judge or his designate determines
17that the application submitted to him is a second or additional
18one, he shall so notify the election authority who shall
19disregard the second or additional application.
20 The election authority shall maintain a list for each
21election of the voters to whom it has issued absentee ballots.
22The list shall be maintained for each precinct within the
23jurisdiction of the election authority. Prior to the opening of
24the polls on election day, the election authority shall deliver
25to the judges of election in each precinct the list of
26registered voters in that precinct to whom absentee ballots

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1have been issued.
2 Election authorities may transmit by facsimile or other
3electronic means a ballot simultaneously with transmitting an
4application for absentee ballot; however, no such ballot shall
5be counted unless an application has been completed by the
6voter and the election authority ascertains that the applicant
7is lawfully entitled to vote as provided in this Section.
8(Source: P.A. 96-1004, eff. 1-1-11.)
9 (Text of Section after amendment by P.A. 98-1171)
10 Sec. 20-4. Immediately upon the receipt of the official
11postcard or an application as provided in Section 20-3 within
12the times heretofore prescribed, the election authority shall
13ascertain whether or not such applicant is legally entitled to
14vote as requested, including verification of the applicant's
15signature by comparison with the signature on the official
16registration record card, if any. If the election authority
17ascertains that the applicant is lawfully entitled to vote, it
18shall enter the name, street address, ward and precinct number
19of such applicant on a list to be posted in his or its office in
20a place accessible to the public. Within one day after posting
21the name and other information of an applicant for a ballot,
22the election authority shall transmit that name and posted
23information to the State Board of Elections, which shall
24maintain the names and other information in an electronic
25format on its website, arranged by county and accessible to

HB2719- 69 -LRB099 05212 MGM 25246 b
1State and local political committees. As soon as the official
2ballot is prepared the election authority shall immediately
3deliver the same to the applicant in person, by mail, by
4facsimile transmission, or by electronic transmission as
5provided in 20-4.5, when applicable, and this Article.
6 If any such election authority receives a second or
7additional application which it believes is from the same
8person, he or it shall submit it to the chief judge of the
9circuit court or any judge of that court designated by the
10chief judge. If the chief judge or his designate determines
11that the application submitted to him is a second or additional
12one, he shall so notify the election authority who shall
13disregard the second or additional application.
14 The election authority shall maintain a list for each
15election of the voters to whom it has issued vote by mail
16ballots. The list shall be maintained for each precinct within
17the jurisdiction of the election authority. Prior to the
18opening of the polls on election day, the election authority
19shall deliver to the judges of election in each precinct the
20list of registered voters in that precinct to whom vote by mail
21ballots have been issued.
22 Election authorities may transmit by facsimile or other
23electronic means a ballot simultaneously with transmitting an
24application for vote by mail ballot; however, no such ballot
25shall be counted unless an application has been completed by
26the voter and the election authority ascertains that the

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1applicant is lawfully entitled to vote as provided in this
2Section.
3(Source: P.A. 98-1171, eff. 6-1-15.)
4 (10 ILCS 5/20-4.5 new)
5 Sec. 20-4.5. Primary ballots.
6 (a) Notwithstanding any other provision of law, a person
7entitled to vote by absentee ballot at a primary shall not be
8required to declare his or her political party affiliation and
9shall be provided with a ballot including all candidates,
10regardless of party affiliation of the candidates, for offices
11for which the absentee voter is entitled to vote at that
12primary.
13 (b) With respect to the marking, casting, and counting of
14primary ballots, absentee voting shall be conducted in
15accordance with Sections 7-43 and 7-44 of this Code as well as
16the provisions of this Article.
17 (c) When voting absentee at a primary, the voter shall be
18instructed to discard or otherwise destroy any ballot that the
19voter does not intend to cast. Such a discarded or destroyed
20ballot is not the ballot the voter agreed in the absentee
21ballot application to return to the election authority.
22 (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
23 (Text of Section before amendment by P.A. 98-1171)
24 Sec. 20-5. The election authority shall fold the ballot or

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1ballots in the manner specified by the statute for folding
2ballots prior to their deposit in the ballot box and shall
3enclose such ballot in an envelope unsealed to be furnished by
4it, which envelope shall bear upon the face thereof the name,
5official title and post office address of the election
6authority, and upon the other side of such envelope there shall
7be printed a certification in substantially the following form:
8
"CERTIFICATION
9 I state that I am a resident/former resident of the .......
10precinct of the city/village/township of ............,
11(Designation to be made by Election Authority) or of the ....
12ward in the city of ........... (Designation to be made by
13Election Authority) residing at ................ in said
14city/village/township in the county of ........... and State of
15Illinois; that I am a
16 1. ( ) member of the United States Service
17 2. ( ) citizen of the United States temporarily residing
18outside the territorial limits of the United States
19 3. ( ) nonresident civilian citizen
20and desire to cast the enclosed ballot pursuant to Article 20
21of The Election Code; that I am lawfully entitled to vote in
22such precinct at the ........... election to be held on
23............
24 I further state that I marked the enclosed ballot in
25secret.
26 Under penalties as provided by law pursuant to Article 29

HB2719- 72 -LRB099 05212 MGM 25246 b
1of The Election Code, the undersigned certifies that the
2statements set forth in this certification are true and
3correct.
4
...............(Name)
5
.....................
6
(Service Address)"
7
.....................
8
.....................
9
.....................
10 If the ballot enclosed is to be voted at a primary
11election, the certification shall designate the name of the
12political party with which the voter is affiliated.
13 In addition to the above, the election authority shall
14provide printed slips giving full instructions regarding the
15manner of completing the forms and affidavits for absentee
16registration or the manner of marking and returning the ballot
17in order that the same may be counted, and shall furnish one of
18the printed slips to each of the applicants at the same time
19the registration materials or ballot is delivered to him.
20 In addition to the above, if a ballot to be provided to an
21elector pursuant to this Section contains a public question
22described in subsection (b) of Section 28-6 and the territory
23concerning which the question is to be submitted is not
24described on the ballot due to the space limitations of such
25ballot, the election authority shall provide a printed copy of
26a notice of the public question, which shall include a

HB2719- 73 -LRB099 05212 MGM 25246 b
1description of the territory in the manner required by Section
216-7. The notice shall be furnished to the elector at the same
3time the ballot is delivered to the elector.
4 The envelope in which such registration or such ballot is
5mailed to the voter as well as the envelope in which the
6registration materials or the ballot is returned by the voter
7shall have printed across the face thereof two parallel
8horizontal red bars, each one-quarter inch wide, extending from
9one side of the envelope to the other side, with an intervening
10space of one-quarter inch, the top bar to be one and
11one-quarter inches from the top of the envelope, and with the
12words "Official Election Balloting Material-VIA AIR MAIL"
13between the bars. In the upper right corner of such envelope in
14a box, there shall be printed the words: "U.S. Postage Paid 42
15USC 1973". All printing on the face of such envelopes shall be
16in red, including an appropriate inscription or blank in the
17upper left corner of return address of sender.
18 The envelope in which the ballot is returned to the
19election authority may be delivered (i) by mail, postage paid,
20(ii) in person, by the spouse, parent, child, brother, or
21sister of the voter, or (iii) by a company engaged in the
22business of making deliveries of property and licensed as a
23motor carrier of property by the Illinois Commerce Commission
24under the Illinois Commercial Transportation Law.
25 Election authorities transmitting ballots by facsimile or
26electronic transmission shall, to the extent possible, provide

HB2719- 74 -LRB099 05212 MGM 25246 b
1those applicants with the same instructions, certification,
2and other materials required when sending by mail.
3(Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
4 (Text of Section after amendment by P.A. 98-1171)
5 Sec. 20-5. The election authority shall fold the ballot or
6ballots in the manner specified by the statute for folding
7ballots prior to their deposit in the ballot box and shall
8enclose such ballot in an envelope unsealed to be furnished by
9it, which envelope shall bear upon the face thereof the name,
10official title and post office address of the election
11authority, and upon the other side of such envelope there shall
12be printed a certification in substantially the following form:
13
"CERTIFICATION
14 I state that I am a resident/former resident of the .......
15precinct of the city/village/township of ............,
16(Designation to be made by Election Authority) or of the ....
17ward in the city of ........... (Designation to be made by
18Election Authority) residing at ................ in said
19city/village/township in the county of ........... and State of
20Illinois; that I am a
21 1. ( ) member of the United States Service
22 2. ( ) citizen of the United States temporarily residing
23outside the territorial limits of the United States
24 3. ( ) nonresident civilian citizen
25and desire to cast the enclosed ballot pursuant to Article 20

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1of The Election Code; that I am lawfully entitled to vote in
2such precinct at the ........... election to be held on
3............
4 I further state that I marked the enclosed ballot in
5secret.
6 Under penalties as provided by law pursuant to Article 29
7of The Election Code, the undersigned certifies that the
8statements set forth in this certification are true and
9correct.
10
...............(Name)
11
.....................
12
(Service Address)"
13
.....................
14
.....................
15
.....................
16 If the ballot enclosed is to be voted at a primary
17election, the certification shall designate the name of the
18political party with which the voter is affiliated.
19 In addition to the above, the election authority shall
20provide printed slips giving full instructions regarding the
21manner of completing the forms and affidavits for registration
22by mail or the manner of marking and returning the ballot in
23order that the same may be counted, and shall furnish one of
24the printed slips to each of the applicants at the same time
25the registration materials or ballot is delivered to him.
26 In addition to the above, if a ballot to be provided to an

HB2719- 76 -LRB099 05212 MGM 25246 b
1elector pursuant to this Section contains a public question
2described in subsection (b) of Section 28-6 and the territory
3concerning which the question is to be submitted is not
4described on the ballot due to the space limitations of such
5ballot, the election authority shall provide a printed copy of
6a notice of the public question, which shall include a
7description of the territory in the manner required by Section
816-7. The notice shall be furnished to the elector at the same
9time the ballot is delivered to the elector.
10 The envelope in which such registration or such ballot is
11mailed to the voter as well as the envelope in which the
12registration materials or the ballot is returned by the voter
13shall have printed across the face thereof two parallel
14horizontal red bars, each one-quarter inch wide, extending from
15one side of the envelope to the other side, with an intervening
16space of one-quarter inch, the top bar to be one and
17one-quarter inches from the top of the envelope, and with the
18words "Official Election Balloting Material-VIA AIR MAIL"
19between the bars. In the upper right corner of such envelope in
20a box, there shall be printed the words: "U.S. Postage Paid 42
21USC 1973". All printing on the face of such envelopes shall be
22in red, including an appropriate inscription or blank in the
23upper left corner of return address of sender.
24 The envelope in which the ballot is returned to the
25election authority may be delivered (i) by mail, postage paid,
26(ii) in person, by the spouse, parent, child, brother, or

HB2719- 77 -LRB099 05212 MGM 25246 b
1sister of the voter, or (iii) by a company engaged in the
2business of making deliveries of property and licensed as a
3motor carrier of property by the Illinois Commerce Commission
4under the Illinois Commercial Transportation Law.
5 Election authorities transmitting ballots by facsimile or
6electronic transmission shall, to the extent possible, provide
7those applicants with the same instructions, certification,
8and other materials required when sending by mail.
9(Source: P.A. 98-1171, eff. 6-1-15.)
10 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
11 (Text of Section before amendment by P.A. 98-1171)
12 Sec. 20-8. Time and place of counting ballots.
13 (a) (Blank.)
14 (b) Each absent voter's ballot returned to an election
15authority, by any means authorized by this Article, and
16received by that election authority before the closing of the
17polls on election day shall be endorsed by the receiving
18election authority with the day and hour of receipt and shall
19be counted in the central ballot counting location of the
20election authority on the day of the election after 7:00 p.m.,
21except as provided in subsections (g) and (g-5).
22 (c) Each absent voter's ballot that is mailed to an
23election authority and postmarked by the midnight preceding the
24opening of the polls on election day, but that is received by
25the election authority after the polls close on election day

HB2719- 78 -LRB099 05212 MGM 25246 b
1and before the close of the period for counting provisional
2ballots cast at that election, shall be endorsed by the
3receiving authority with the day and hour of receipt and shall
4be counted at the central ballot counting location of the
5election authority during the period for counting provisional
6ballots.
7 Each absent voter's ballot that is mailed to an election
8authority absent a postmark, but that is received by the
9election authority after the polls close on election day and
10before the close of the period for counting provisional ballots
11cast at that election, shall be endorsed by the receiving
12authority with the day and hour of receipt, opened to inspect
13the date inserted on the certification, and, if the
14certification date is a date preceding the election day and the
15ballot is otherwise found to be valid under the requirements of
16this Section, counted at the central ballot counting location
17of the election authority during the period for counting
18provisional ballots. Absent a date on the certification, the
19ballot shall not be counted.
20 (d) Special write-in absentee voter's blank ballots
21returned to an election authority, by any means authorized by
22this Article, and received by the election authority at any
23time before the closing of the polls on election day shall be
24endorsed by the receiving election authority with the day and
25hour of receipt and shall be counted at the central ballot
26counting location of the election authority during the same

HB2719- 79 -LRB099 05212 MGM 25246 b
1period provided for counting absent voters' ballots under
2subsections (b), (g), and (g-5). Special write-in absentee
3voter's blank ballot that are mailed to an election authority
4and postmarked by midnight preceding the opening of the polls
5on election day, but that are received by the election
6authority after the polls close on election day and before the
7closing of the period for counting provisional ballots cast at
8that election, shall be endorsed by the receiving authority
9with the day and hour of receipt and shall be counted at the
10central ballot counting location of the election authority
11during the same periods provided for counting absent voters'
12ballots under subsection (c).
13 (e) Except as otherwise provided in this Section, absent
14voters' ballots and special write-in absentee voter's blank
15ballots received by the election authority after the closing of
16the polls on the day of election shall be endorsed by the
17person receiving the ballots with the day and hour of receipt
18and shall be safely kept unopened by the election authority for
19the period of time required for the preservation of ballots
20used at the election, and shall then, without being opened, be
21destroyed in like manner as the used ballots of that election.
22 (f) Counting required under this Section to begin on
23election day after the closing of the polls shall commence no
24later than 8:00 p.m. and shall be conducted by a panel or
25panels of election judges appointed in the manner provided by
26law. The counting shall continue until all absent voters'

HB2719- 80 -LRB099 05212 MGM 25246 b
1ballots and special write-in absentee voter's blank ballots
2required to be counted on election day have been counted.
3 (g) The procedures set forth in Articles 17 and 18and, with
4respect to primaries, in Section 20-4.5 of this Code shall
5apply to all ballots counted under this Section. In addition,
6within 2 days after a ballot subject to this Article is
7received, but in all cases before the close of the period for
8counting provisional ballots, the election judge or official
9shall compare the voter's signature on the certification
10envelope of that ballot with the signature of the voter on file
11in the office of the election authority. If the election judge
12or official determines that the 2 signatures match, and that
13the voter is otherwise qualified to cast a ballot under this
14Article, the election authority shall cast and count the ballot
15on election day or the day the ballot is determined to be
16valid, whichever is later, adding the results to the precinct
17in which the voter is registered. If the election judge or
18official determines that the signatures do not match, or that
19the voter is not qualified to cast a ballot under this Article,
20then without opening the certification envelope, the judge or
21official shall mark across the face of the certification
22envelope the word "Rejected" and shall not cast or count the
23ballot.
24 In addition to the voter's signatures not matching, a
25ballot subject to this Article may be rejected by the election
26judge or official:

HB2719- 81 -LRB099 05212 MGM 25246 b
1 (1) if the ballot envelope is open or has been opened
2 and resealed;
3 (2) if the voter has already cast an early or grace
4 period ballot;
5 (3) if the voter voted in person on election day or the
6 voter is not a duly registered voter in the precinct; or
7 (4) on any other basis set forth in this Code.
8 If the election judge or official determines that any of
9these reasons apply, the judge or official shall mark across
10the face of the certification envelope the word "Rejected" and
11shall not cast or count the ballot.
12 (g-5) If a ballot subject to this Article is rejected by
13the election judge or official for any reason, the election
14authority shall, within 2 days after the rejection but in all
15cases before the close of the period for counting provisional
16ballots, notify the voter that his or her ballot was rejected.
17The notice shall inform the voter of the reason or reasons the
18ballot was rejected and shall state that the voter may appear
19before the election authority, on or before the 14th day after
20the election, to show cause as to why the ballot should not be
21rejected. The voter may present evidence to the election
22authority supporting his or her contention that the ballot
23should be counted. The election authority shall appoint a panel
24of 3 election judges to review the contested ballot,
25application, and certification envelope, as well as any
26evidence submitted by the absentee voter. No more than 2

HB2719- 82 -LRB099 05212 MGM 25246 b
1election judges on the reviewing panel shall be of the same
2political party. The reviewing panel of election judges shall
3make a final determination as to the validity of the contested
4ballot. The judges' determination shall not be reviewable
5either administratively or judicially.
6 A ballot subject to this subsection that is determined to
7be valid shall be counted before the close of the period for
8counting provisional ballots.
9 (g-10) All ballots determined to be valid shall be added to
10the vote totals for the precincts for which they were cast in
11the order in which the ballots were opened.
12 (h) Each political party, candidate, and qualified civic
13organization shall be entitled to have present one pollwatcher
14for each panel of election judges therein assigned.
15(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
1695-699, eff. 11-9-07.)
17 (Text of Section after amendment by P.A. 98-1171)
18 Sec. 20-8. Time and place of counting ballots.
19 (a) (Blank.)
20 (b) Each vote by mail voter's ballot returned to an
21election authority, by any means authorized by this Article,
22and received by that election authority may be processed by the
23election authority beginning on the 15th day before election
24day in the central ballot counting location of the election
25authority, but the results of the processing may not be counted

HB2719- 83 -LRB099 05212 MGM 25246 b
1until the day of the election after 7:00 p.m., except as
2provided in subsections (g) and (g-5).
3 (c) Each vote by mail voter's ballot that is mailed to an
4election authority and postmarked no later than election day,
5but that is received by the election authority after the polls
6close on election day and before the close of the period for
7counting provisional ballots cast at that election, shall be
8endorsed by the receiving authority with the day and hour of
9receipt and shall be counted at the central ballot counting
10location of the election authority during the period for
11counting provisional ballots.
12 Each vote by mail voter's ballot that is mailed to an
13election authority absent a postmark, but that is received by
14the election authority after the polls close on election day
15and before the close of the period for counting provisional
16ballots cast at that election, shall be endorsed by the
17receiving authority with the day and hour of receipt, opened to
18inspect the date inserted on the certification, and, if the
19certification date is a date preceding the election day and the
20ballot is otherwise found to be valid under the requirements of
21this Section, counted at the central ballot counting location
22of the election authority during the period for counting
23provisional ballots. Absent a date on the certification, the
24ballot shall not be counted.
25 (d) Special write-in vote by mail voter's blank ballots
26returned to an election authority, by any means authorized by

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1this Article, and received by the election authority at any
2time before the closing of the polls on election day shall be
3endorsed by the receiving election authority with the day and
4hour of receipt and shall be counted at the central ballot
5counting location of the election authority during the same
6period provided for counting vote by mail voters' ballots under
7subsections (b), (g), and (g-5). Special write-in vote by mail
8voter's blank ballot that are mailed to an election authority
9and postmarked by midnight preceding the opening of the polls
10on election day, but that are received by the election
11authority after the polls close on election day and before the
12closing of the period for counting provisional ballots cast at
13that election, shall be endorsed by the receiving authority
14with the day and hour of receipt and shall be counted at the
15central ballot counting location of the election authority
16during the same periods provided for counting vote by mail
17voters' ballots under subsection (c).
18 (e) Except as otherwise provided in this Section, vote by
19mail voters' ballots and special write-in vote by mail voter's
20blank ballots received by the election authority after the
21closing of the polls on the day of election shall be endorsed
22by the person receiving the ballots with the day and hour of
23receipt and shall be safely kept unopened by the election
24authority for the period of time required for the preservation
25of ballots used at the election, and shall then, without being
26opened, be destroyed in like manner as the used ballots of that

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1election.
2 (f) Counting required under this Section to begin on
3election day after the closing of the polls shall commence no
4later than 8:00 p.m. and shall be conducted by a panel or
5panels of election judges appointed in the manner provided by
6law. The counting shall continue until all vote by mail voters'
7ballots and special write-in vote by mail voter's blank ballots
8required to be counted on election day have been counted.
9 (g) The procedures set forth in Articles 17 and 18 and,
10with respect to primaries, in Section 20-4.5 of this Code shall
11apply to all ballots counted under this Section. In addition,
12within 2 days after a ballot subject to this Article is
13received, but in all cases before the close of the period for
14counting provisional ballots, the election judge or official
15shall compare the voter's signature on the certification
16envelope of that ballot with the signature of the voter on file
17in the office of the election authority. If the election judge
18or official determines that the 2 signatures match, and that
19the voter is otherwise qualified to cast a ballot under this
20Article, the election authority shall cast and count the ballot
21on election day or the day the ballot is determined to be
22valid, whichever is later, adding the results to the precinct
23in which the voter is registered. If the election judge or
24official determines that the signatures do not match, or that
25the voter is not qualified to cast a ballot under this Article,
26then without opening the certification envelope, the judge or

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1official shall mark across the face of the certification
2envelope the word "Rejected" and shall not cast or count the
3ballot.
4 In addition to the voter's signatures not matching, a
5ballot subject to this Article may be rejected by the election
6judge or official:
7 (1) if the ballot envelope is open or has been opened
8 and resealed;
9 (2) if the voter has already cast an early or grace
10 period ballot;
11 (3) if the voter voted in person on election day or the
12 voter is not a duly registered voter in the precinct; or
13 (4) on any other basis set forth in this Code.
14 If the election judge or official determines that any of
15these reasons apply, the judge or official shall mark across
16the face of the certification envelope the word "Rejected" and
17shall not cast or count the ballot.
18 (g-5) If a ballot subject to this Article is rejected by
19the election judge or official for any reason, the election
20authority shall, within 2 days after the rejection but in all
21cases before the close of the period for counting provisional
22ballots, notify the voter that his or her ballot was rejected.
23The notice shall inform the voter of the reason or reasons the
24ballot was rejected and shall state that the voter may appear
25before the election authority, on or before the 14th day after
26the election, to show cause as to why the ballot should not be

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1rejected. The voter may present evidence to the election
2authority supporting his or her contention that the ballot
3should be counted. The election authority shall appoint a panel
4of 3 election judges to review the contested ballot,
5application, and certification envelope, as well as any
6evidence submitted by the vote by mail voter. No more than 2
7election judges on the reviewing panel shall be of the same
8political party. The reviewing panel of election judges shall
9make a final determination as to the validity of the contested
10ballot. The judges' determination shall not be reviewable
11either administratively or judicially.
12 A ballot subject to this subsection that is determined to
13be valid shall be counted before the close of the period for
14counting provisional ballots.
15 (g-10) All ballots determined to be valid shall be added to
16the vote totals for the precincts for which they were cast in
17the order in which the ballots were opened.
18 (h) Each political party, candidate, and qualified civic
19organization shall be entitled to have present one pollwatcher
20for each panel of election judges therein assigned.
21(Source: P.A. 98-1171, eff. 6-1-15.)
22 (10 ILCS 5/7-2 rep.)
23 (10 ILCS 5/7-3 rep.)
24 (10 ILCS 5/Art. 10 rep.)
25 Section 10. The Election Code is amended by repealing

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1Sections 7-2 and 7-3 and Article 10.
2 Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.