Legislation
SECTION 15-119
Early mail voting at village elections
Election (ELN) CHAPTER 17, ARTICLE 15
§ 15-119. Early mail voting at village elections. 1. A registered
voter of a village may vote by early mail ballot under this section for
a general or special village election in which the voter is eligible to
vote.
2. A registered voter desirous of obtaining an early mail ballot shall
make written application therefor to the village clerk. Application
forms for use pursuant to this section shall be in a form prescribed by
the state board of elections. The use of any application which is on a
form prescribed by the state board of elections shall be acceptable.
3. An application for an early mail ballot must be signed by the
applicant. If a person entitled to an early mail ballot is unable to
sign their application because of illness, physical disability or
inability to read, they shall be excused from signing upon making a
statement, in substantially the following form, which shall be witnessed
by one person: "I hereby state that I am unable to sign my application
for an early mail ballot without assistance because I am unable to write
by reason of illness or physical disability or because I am unable to
read. I have made, or have received assistance in making, my mark in
lieu of my signature."
......................
(Date)
......................
(Mark)
......................
(Name of Voter)
"I, the undersigned, hereby certify that the above named voter affixed
their mark to this application in my presence and I know them to be the
person who affixed their mark to said application and understand that
this statement will be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
me to the same penalties as if I had been duly sworn."
.......................
(Signature of Witness)
.......................
(Address of Witness)
Such statement shall be included in the application blank form furnished
by the village clerk.
4. The application for an early mail ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and their
village and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a registered voter.
(c) Such application shall permit the applicant to apply for an early
mail ballot for a single election or for all remaining elections in the
calendar year for which the voter is eligible to vote.
5. The application for an early mail ballot shall also provide the
applicant the opportunity to provide their telephone number and e-mail
address.
6. Printed forms containing the application for the early mail ballot,
in accordance with the requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the office of the clerk.
Application forms for early mail ballots for use pursuant to this
section shall be furnished by the village clerk upon request of the
person authorized to vote under this section or by any such person's
spouse, parent, child, authorized agent or any nurse charged with the
care of such person.
7. An application must be received by the village clerk no earlier
than four months before the election for which an early mail ballot is
sought, except as provided in paragraph (c) of subdivision four of this
section. If the application requests that the early mail ballot be
mailed, such application must be received not later than seven days
before the election. If the applicant or their agent delivers the
application to the village clerk in person, such application must be
received not later than the day before the election. The village clerk
shall examine each application. If the application is complete, the
applicant is a registered voter of the village at the address listed in
the application, and the applicant is eligible to vote in the election,
the application shall be deemed accepted.
8. No later than six days before the election for which an application
has been received and accepted by the village clerk, the village clerk
shall mail, by regular mail, an early mail ballot to each applicant who
has applied before such day and who has requested that such early mail
ballot be mailed to them at the address set forth in their application.
If the applicant or their agent delivers the application to the village
clerk in person after the seventh day before the village election and
not later than the day before the election, the village clerk shall
forthwith deliver such early mail ballots for those applicants whom they
determine are qualified to make such applications and to receive such
ballots to such applicants or the agents named in the applications when
such applicants or agents appear in the village clerk's office.
9. The early mail ballot shall be caused to be prepared and printed by
the village clerk as provided by law for paper ballots or machine
ballots, whichever are to be used in said election and appropriate
modifications for the purposes of this section. The village clerk shall
also cause to be prepared and printed return envelopes addressed to
themself, conforming so far as may be practicable to the provisions of
this chapter stating thereon that in order for the ballot contained
therein to be counted it must be received by the village clerk not later
than the close of the polls on election day. On the reverse side of each
return envelope there shall be written instructions for the voter to
insert at designated places their signature, their name printed, their
residence address within the village and their village election district
if there be more than one district within the village.
10. The method of marking, preparing and mailing such ballot for
voting shall conform, wherever practicable, to the methods used for
early mail ballots for a general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to them, in the sealed envelopes to the board of
inspectors of election of the proper election district. No such ballot
shall be deemed to have been voted unless or until it shall have been
delivered to the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall have
been deposited by the chairman of such board in the box provided for
receiving such ballot.
11. When such ballots shall have been delivered to the board of
inspectors of election of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a
qualified elector of such district, the chairman of such board shall,
after the close of the polls, open the envelopes containing such ballots
and, without unfolding such ballots or permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the village clerk. If the
board of inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the provisions of this
section, then such ballot shall not be counted.
12. After all the ballots shall have been deposited, the box shall be
opened and such ballots canvassed in the same manner as other ballots
cast at such election and shall be counted and included in the total of
all ballots cast at such election.
voter of a village may vote by early mail ballot under this section for
a general or special village election in which the voter is eligible to
vote.
2. A registered voter desirous of obtaining an early mail ballot shall
make written application therefor to the village clerk. Application
forms for use pursuant to this section shall be in a form prescribed by
the state board of elections. The use of any application which is on a
form prescribed by the state board of elections shall be acceptable.
3. An application for an early mail ballot must be signed by the
applicant. If a person entitled to an early mail ballot is unable to
sign their application because of illness, physical disability or
inability to read, they shall be excused from signing upon making a
statement, in substantially the following form, which shall be witnessed
by one person: "I hereby state that I am unable to sign my application
for an early mail ballot without assistance because I am unable to write
by reason of illness or physical disability or because I am unable to
read. I have made, or have received assistance in making, my mark in
lieu of my signature."
......................
(Date)
......................
(Mark)
......................
(Name of Voter)
"I, the undersigned, hereby certify that the above named voter affixed
their mark to this application in my presence and I know them to be the
person who affixed their mark to said application and understand that
this statement will be accepted for all purposes as the equivalent of an
affidavit and if it contains a material false statement, shall subject
me to the same penalties as if I had been duly sworn."
.......................
(Signature of Witness)
.......................
(Address of Witness)
Such statement shall be included in the application blank form furnished
by the village clerk.
4. The application for an early mail ballot when filed must contain in
each instance the following information:
(a) Applicant's full name, date of birth, and residence address,
including the street and number, if any, rural delivery route, if any,
mailing address if different from the residence address and their
village and an address to which the ballot shall be mailed.
(b) A statement that the applicant is a registered voter.
(c) Such application shall permit the applicant to apply for an early
mail ballot for a single election or for all remaining elections in the
calendar year for which the voter is eligible to vote.
5. The application for an early mail ballot shall also provide the
applicant the opportunity to provide their telephone number and e-mail
address.
6. Printed forms containing the application for the early mail ballot,
in accordance with the requirements of this section, shall be in the
form prescribed by the state board of elections and shall be provided by
the village clerk and shall be available at the office of the clerk.
Application forms for early mail ballots for use pursuant to this
section shall be furnished by the village clerk upon request of the
person authorized to vote under this section or by any such person's
spouse, parent, child, authorized agent or any nurse charged with the
care of such person.
7. An application must be received by the village clerk no earlier
than four months before the election for which an early mail ballot is
sought, except as provided in paragraph (c) of subdivision four of this
section. If the application requests that the early mail ballot be
mailed, such application must be received not later than seven days
before the election. If the applicant or their agent delivers the
application to the village clerk in person, such application must be
received not later than the day before the election. The village clerk
shall examine each application. If the application is complete, the
applicant is a registered voter of the village at the address listed in
the application, and the applicant is eligible to vote in the election,
the application shall be deemed accepted.
8. No later than six days before the election for which an application
has been received and accepted by the village clerk, the village clerk
shall mail, by regular mail, an early mail ballot to each applicant who
has applied before such day and who has requested that such early mail
ballot be mailed to them at the address set forth in their application.
If the applicant or their agent delivers the application to the village
clerk in person after the seventh day before the village election and
not later than the day before the election, the village clerk shall
forthwith deliver such early mail ballots for those applicants whom they
determine are qualified to make such applications and to receive such
ballots to such applicants or the agents named in the applications when
such applicants or agents appear in the village clerk's office.
9. The early mail ballot shall be caused to be prepared and printed by
the village clerk as provided by law for paper ballots or machine
ballots, whichever are to be used in said election and appropriate
modifications for the purposes of this section. The village clerk shall
also cause to be prepared and printed return envelopes addressed to
themself, conforming so far as may be practicable to the provisions of
this chapter stating thereon that in order for the ballot contained
therein to be counted it must be received by the village clerk not later
than the close of the polls on election day. On the reverse side of each
return envelope there shall be written instructions for the voter to
insert at designated places their signature, their name printed, their
residence address within the village and their village election district
if there be more than one district within the village.
10. The method of marking, preparing and mailing such ballot for
voting shall conform, wherever practicable, to the methods used for
early mail ballots for a general election, except that the envelope in
which it is contained shall be returned to the village clerk. On the day
of the election, the village clerk shall deliver all such ballots, which
have been returned to them, in the sealed envelopes to the board of
inspectors of election of the proper election district. No such ballot
shall be deemed to have been voted unless or until it shall have been
delivered to the board of inspectors of election of the election
district in which the elector casting the ballot resides and shall have
been deposited by the chairman of such board in the box provided for
receiving such ballot.
11. When such ballots shall have been delivered to the board of
inspectors of election of the proper election district and shall have
been duly determined by such board to have been lawfully cast by a
qualified elector of such district, the chairman of such board shall,
after the close of the polls, open the envelopes containing such ballots
and, without unfolding such ballots or permitting the face thereof to be
exposed to the view of anyone, shall deposit each such ballot in a box
specifically furnished for such purpose by the village clerk. If the
board of inspectors shall determine that any such ballot has been cast
by an elector who would not be qualified under the provisions of this
section, then such ballot shall not be counted.
12. After all the ballots shall have been deposited, the box shall be
opened and such ballots canvassed in the same manner as other ballots
cast at such election and shall be counted and included in the total of
all ballots cast at such election.