(a) A person desiring to vote an absent voter's ballot by personal appearance may appear during regular business hours at the office of the Clerk to vote not more than fifteen days before the election and on any day thereafter up to and including the Saturday next preceding the date of the primary or general election or, in the case of special elections, up to and including the third day next preceding the day of any such special election (in computing such third day, the day of conducting the special election shall be excluded), and upon oral request receive an application for an official absent voter's ballot or ballots to be voted at such election, which application shall be that prescribed by the Secretary of State
(b) The application shall be completed by the applicant in his own handwriting, or in the handwriting of the witness to his mark in the event of illiteracy, in the office of the Clerk. In no event shall the applicant remove an application for voting an absent voter's ballot by personal appearance from such office except when such is necessary to have a physician or chiropractor complete and sign the declaration of a physician or chiropractor when such is required.
(c) Immediately upon receipt of a completed application for voting an absent voter's ballot by personal appearance, the Clerk shall determine:
(1) Whether such application has been completed as required by law;
(2) Whether he has evidence that any of the statements or declarations contained in the application are not true;
(3) Whether the applicant is in fact duly registered in the precinct of his residence as provided by law and insofar as registration is concerned would be permitted to vote at the polls in such election.
If the determination of the Clerk as to subsection (c)(1) or (3) hereof is in the negative or as to subsection (c) (2), is in the affirmative, the Clerk shall, if the applicant insists, permit the applicant to vote an absent voter's ballot by personal appearance, but the Clerk shall challenge the absent voter's ballot on the basis of such determination.
(d) Upon determination by the Clerk that the applicant is entitled to vote an absent voter's ballot by personal appearance or in case the applicant determines to vote an absent voter's ballot challenged by the clerk of the circuit court as provided in subsection (c) hereof, the Clerk of the Circuit Court shall hand to him the following absentee voting supplies:
(1) One official absent voter's ballot (or ballots if more than one are to be used) which has been prepared in accordance with law for use in such election. Such ballot in the case of a primary election shall be of the party of applicant's affiliation as indicated on his registration record or in case the applicant is not found to be registered by the Clerk but insists upon voting a challenged ballot, the ballot shall be of the party designated by the applicant in his application;
(2) One absent voter's ballot envelope No. 1, unsealed, which shall have no writing thereon except the designation "Absent Voter's Ballot Envelope No. 1";
(3) One absent voter's ballot envelope No. 2, unsealed.
(e) The voter shall thereupon retire alone to the booth or compartment provided in the Clerk' s office for voting absent voters' ballots and there mark his ballot; provided, that the voter may have assistance in voting his absent voter's ballot in accordance with the provisions of Section 106.06. After the voter has voted his absent voter's ballot, he shall:
(1) Enclose the same in absent voter's ballot envelope No. 1, and seal that envelope;
(2) Enclose sealed absent voter's ballot envelope No. 1 in absent voter's ballot envelope No. 2 and seal that envelope;
(3) Complete and sign the forms, if any, on absent voter's ballot envelope No. 2 according to the instructions thereon; and
(4) Transmit possession of sealed absent voter's ballot envelope No. 2 to the Clerk.
(f) Upon receipt of such sealed envelope, the Clerk shall:
(1) Enter onto the envelope such information as may be required of him according to the instructions thereon;
(2) Enter his challenge, if any, to the absent voter's ballot;
(3) Enter the required information into a record of persons making an application for and voting an absent voter's ballot by personal appearance or by mail (the form of which record and the information to be entered thereon shall be prescribed by the Secretary of State); and
(4) Place such sealed envelope in a secure location in his office, there to remain until delivered to the polling place in accordance with the provisions of this article or in case of a challenged ballot.
(Ord. 85-13. Passed 4-18-85.)