Ill. Admin. Code tit. 26 § 216.90

Current through Register Vol. 48, No. 45, November 8, 2024

Section 216.90 - Voting

a) Voters shall vote at the polling place for the precinct where they reside, except that:

1) a voter who moves without notice to the election authority to a different residence still within the same election jurisdiction (territory under the control, for voting and registration purposes, of an election authority) as the place from which he or she moved shall vote for the first time he or she offers to vote after changing residence in the polling place for the residence from which the voter most recently registered, and thereafter in the polling place for the voter's present residence;

2) such voters are entitled by this Part to vote for federal offices only (However, those persons may be entitled by the Election Code to vote for other offices; see, for example, 10 ILCS 5/6-27 and 6 -53.); and

3) subject to the requirements of subsection (d) (c) of this Section, any voter otherwise qualified to vote an absentee ballot may vote by absentee ballot.

b) In jurisdictions employing an electronic system which utilizes ballot cards:

1) the ballot card for voters described in subsection (a)(2) shall be of stock of any color, provided that there shall be printed on the back of such cards, both on the stub and on the ballot card itself, the words "FEDERAL OFFICES ONLY" in type of no less than 15 pt., and may, at the option of the election authority, also bear the number of the Congressional district of the voters of the precinct. If, in a split precinct, no distinction in color is made between the ballot cards for differing Congressional districts, such ballots must also bear the number of the Congressional district for which they are to be used.

2) the number of federal office only ballot cards supplied to any polling place shall not exceed 10% of the number of registered voters assigned to the polling place.

c) The election authority shall transfer the record or registration card, as the case may be, of each voter described in subsection (a)(1) of this Section to the binder for the precinct encompassing the voter's new place of residence immediately after the first election at which the voter offers to vote after changing residence, making such notations on the record as are necessary to bring the information contained on it current, and thereafter the voter shall vote in the precinct polling place for the new residence.

d) An applicant who has submitted a Voter Registration Application by mail must vote in person at the first election at which he or she votes after his or her application is acknowledged unless the voter is entitled to cast an absentee ballot under the provisions of Article 20 of the Illinois Election Code or is eligible to vote an absentee ballot by any pertinent federal statute or law. Voting in person includes in-person absentee voting, nursing home voting and hospitalized voters voting under the provision of Section 19-13 of the Election Code [10 ILCS 5/19-13] .

e) An absentee voter voting under the provisions of subsections (a) (1) through (3) of this Section shall also complete an Address Correction for Fail Safe Voters. A Fail Safe Voter is a voter who votes under the provisions of subsection (a)(1) of this Section.

Ill. Admin. Code tit. 26, § 216.90

Amended at 22 Ill. Reg. 19330, effective October 15, 1998