(a) A person desiring to vote an absent voter's ballot by mail may, not more than 120 days prior to the date of any primary, general or special election in the case of any person outside the continental limits of the United States and not more than sixty days prior to the date of any primary, general or special election in the case of any other person, make application by mail to the Clerk for an official absent voter's ballot or ballots to be voted at such election, except that the Clerk shall not honor any such application for an absent voter's ballot received by him after the fourth day next preceding the date of the election. In computing such fourth day, the day of conducting the election shall be excluded. The application to be used by persons who wish to vote an absent voter's ballot by mail shall be that prescribed by the Secretary of State.
(b) If the person applying for an absent voter's ballot by mail is unable to sign his application because of illiteracy, he shall make his mark on the signature line provided for an illiterate applicant, which mark shall be witnessed.
(c) The "Statement of Physician (Chiropractor)" prescribed by the Secretary of State or such similar document as the Secretary of State may prescribe, must be completed and signed if the reason specified in the application for being unable to vote in person at such election is physical disability, illness or injury, or is anticipated confinement in a hospital, institution or other place for medical reasons.
(d) In lieu of the application for an absent voter's ballot provided above, those persons specified in Section 106.01(b) may use the application for absentee ballot form recommended by and issued under authority of the Federal Voting Assistance Act of 1955, as amended, and any such Federal postcard application does not have to be executed pursuant to oath or attestation in the case of a voter outside the continental limits of the United States.
(e) Upon receipt of a properly completed copy of such form, the Clerk shall process it the same as he would any other application for an absent voter's ballot by mail. Any such properly completed copy may be returned only to the Clerk.
(f) Immediately upon receipt of a completed application for voting an absent voter's ballot by mail, the Clerk shall determine:
(1) Whether the application for voting such ballot has been completed as required by law;
(2) Whether he has evidence that any of the statements contained in the application are not true; and
(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 (f)(1) or (3) hereof is in the negative or as to subsection (f)(2) is in the affirmative, the Clerk shall notify the applicant at the time he mails the absent voter's ballot to him that he will challenge the applicant's privilege to vote an absent voter's ballot by mail for reasons which he shall indicate and, upon receipt of the applicant's absent voter's ballot, the Clerk shall challenge such ballot.
(g) Upon determination by the Clerk that the applicant is entitled to vote an absent voter's ballot by mail or that the applicant will be permitted to vote an absent voter's ballot by mail with such ballot to be challenged by the Clerk, the Clerk (except as provided below) shall between the thirtieth day and the fourth day next prior to the election in which the absent voter's ballot is to be used mail to the applicant the following absentee voting supplies: provided, that the Clerk, except as provided below, mails such voting supplies to an applicant whose address is shown to be outside the continental limits of the United States on the same day the application is received in the Clerk's office or on the next day thereafter that he had both an application and a ballot:
(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 the applicant's affiliation as indicated on his registration card or in case the applicant is not found to be registered by the Clerk but votes a ballot challenged by the Clerk, the Clerk shall send to the applicant an absent voter's ballot 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.
(h) Notwithstanding the time deadlines for mailing ballots set forth in subsection (g) hereof, if special statutory procedures relating to particular elections would make it impossible for the Clerk to mail ballots by the time prescribed above, the Clerk need mail the ballots only when the form or content of the ballot has been determined or when it has otherwise become possible to mail the materials listed above.
(i) Upon receipt of an absent voter's ballot by mail, the voter shall mark the ballot and the voter may have assistance in voting his absent voter's ballot in accordance with the provisions of Section 106.09.
(j) 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) Mail, postage prepaid, sealed absent voter's ballot envelope No. 2 to the Clerk.
(k) 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 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 therein 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 the case of a challenged ballot, to the board of canvassers.
(Ord. 85-13. Passed 4-18-85.)