(a) No voter shall receive any assistance in voting an absent voter's ballot in the office of the Clerk unless;
(1) A. His registration record indicates that because of illiteracy, he is unable to read the names on the ballot, or that he has a physical disability which renders him unable to see or mark the ballot, the exact nature of the physical disability being recorded on the registration record; or
B. He shall make an affidavit at the time he makes application for an absent voter's ballot, on such form as may be prescribed by the Secretary of State that because of illiteracy he is unable to read the names on the ballot, or that he has a physical disability which renders him unable to see or mark the ballot, the exact nature of the physical disability being stated therein; and
(2) The Clerk determines that he is illiterate or suffers from the physical disability stated on his registration record or in his affidavit and that such physical disability renders him then unable to see or mark the ballot.
(b) Any voter determined by the Clerk to be qualified to receive assistance in voting an absent voter's ballot under the provisions of this section shall be permitted by such Clerk to select any person who is a registered voter in the City to assist in voting such ballot; provided, that no person shall provide assistance to more than two voters in any election in voting an absent voter's ballot.
(c) Any voter who requests assistance in voting an absent voter's ballot but who is determined by the Clerk not to be qualified for such assistance under the provisions of this section shall nevertheless be permitted to vote a challenged absent voter's ballot with the assistance of any person herein authorized to render assistance. The Clerk shall in such case challenge the absent voter's ballot on the basis of such determination.
(d) Any one or more of the election commissioners or poll clerks in the precinct to which an absent voter's ballot has been sent may challenge such ballot on the ground that the voter thereof received assistance in voting it when in his or their opinion:
(1) Either the registration record or affidavit of the person who received the assistance in voting the absent voter's ballot does not indicate a legally sufficient reason for such assistance; or
(2) The person who received the assistance in voting did not make an affidavit when required by this section to qualify for assistance; or
(3) The person who provided the assistance in voting did not make an affidavit as required by this section; or
(4) The person who received assistance in voting is not so illiterate as to have been unable to read the names on the ballot or that he did not have such a physical disability as to have been unable to see or mark the absent voter's ballot.
The election commissioner or poll clerk, or commissioners or poll clerks, making such challenge shall enter the challenge and reason therefor on the form and in the manner prescribed or authorized by this article.
(e) Before entering the voting booth or compartment, the person who intends to provide a voter assistance in voting shall make an affidavit, the form of which shall be prescribed by the Secretary of State, that he will not in any manner request, or seek to persuade, or induce the voter to vote any particular ticket or for any particular candidate or for or against any public question, and that he will not keep or make any memorandum or entry of anything occurring within the voting booth or compartment, and that he will not directly or indirectly, reveal to any person the name of any candidate voted for by the voter, or which ticket he had voted, or how he had voted on any public question, or anything occurring within the voting booth or compartment or voting machine booth, except when required pursuant to law to give testimony as to such matter in a judicial proceeding.
(f) In accordance with instructions issued by the Secretary of State, the Clerk shall provide a form entitled "List of Assisted Voters," the form of which list shall likewise be that prescribed by the Secretary of State, which list shall be divided into two parts. Part A shall be entitled "Unchallenged Assisted Voters", and Part B shall be entitled "Challenged Assisted Voters." Under Part A the Clerk shall enter the name of each voter receiving unchallenged assistance in voting an absent voter's ballot, the address of the voter assisted, the nature of the disability which qualified the voter for assistance in voting an absent voter's ballot, the fact that such voter made and subscribed to the oath required by this section, the name of the person providing the voter with assistance in voting an absent voter's ballot, the fact that the person rendering the assistance in voting made and subscribed to the oath required by this section, and the signature of the Clerk certifying to the fact that he had determined that the voter who received assistance in voting an absent voter's ballot was qualified to receive such assistance under the provisions of this section. Under Part B the Clerk shall enter the name of each voter receiving challenged assistance in voting, the address of the voter receiving such challenged assistance, the reason for the challenge, and the name of the person providing the challenged voter with assistance in voting. At the close of the period provided for voting an absent voter's ballot by personal appearance, the Clerk shall make and subscribe to an oath on such list that the list is correct in all particulars; if no voter shall have been assisted in voting an absent voter's ballot as hereinprovided, the Clerk of the Circuit Court shall likewise make and subscribe to an oath of that fact on such list. The "List of Assisted Voters" shall be available for public inspection in the office of the Clerk during regular business hours throughout the period provided for voting an absent voter's ballot by personal appearance, and unless otherwise directed by the Secretary of State, the Clerk shall transmit such list, together with the affidavits, applications and absent voters' ballots, to the precincts on election day.
(g) Following the election, the affidavits required by this section from assisted voters and from persons providing assistance in voting, together with the "List of Assisted Voters, " shall be returned by the election commissioners to the Clerk along with the election supplies, records and returns, who shall make such oaths and list available for public inspection and who shall preserve the same until their destruction or other disposition is authorized or directed by the Secretary of State.
(h) The term "assistance in voting" as used in this section shall mean assistance in physically marking the official absent voter's ballot for a voter, or reading or directing the voter's attention to any part of the official absent voter's ballot.
(i) The term "physical disability" as used in this section shall mean only blindness or such degree of blindness as will prevent the voter from seeing the names on the ballot, or amputation of both hands, or such disability of both hands that neither can be used to make cross marks on the absent voter's ballot.
(Ord. 85-13. Passed 4-18-85.)