98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1685

 

Introduced 2/15/2013, by Sen. Wm. Sam McCann

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-45 new
10 ILCS 5/4-15  from Ch. 46, par. 4-15
10 ILCS 5/4-35 new
10 ILCS 5/5-21  from Ch. 46, par. 5-21
10 ILCS 5/5-45 new
10 ILCS 5/6-57  from Ch. 46, par. 6-57
10 ILCS 5/6-85 new
10 ILCS 5/17-9  from Ch. 46, par. 17-9
10 ILCS 5/18-5  from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15

    Amends the Election Code. Provides that the State Board of Elections shall assist the local election authorities in implementing a system in order to issue voter registration identification cards with a photograph of the elector. Provides that a person desiring to vote shall present a valid and current photograph identification. Provides that a person who fails to present the required identification is entitled to cast a provisional ballot. Provides that the State Board of Elections shall establish an aggressive voter education program concerning the provisions in this Act. Effective July 1, 2013.


LRB098 07749 HLH 37828 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1685LRB098 07749 HLH 37828 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 4-15, 5-21, 6-57, 17-9, 18-5, 18A-5, and 18A-15 and by
6adding Sections 1A-45, 4-35, 5-45, and 6-85 as follows:
 
7    (10 ILCS 5/1A-45 new)
8    Sec. 1A-45. Voter education program. The State Board of
9Elections must establish an aggressive voter education program
10concerning the provisions contained in this amendatory Act of
11the 98th General Assembly. The State Board of Elections must
12educate the public as follows:
13        (1) Post information concerning changes contained in
14    this amendatory Act of the 98th General Assembly in a
15    conspicuous location at the offices of each election
16    authority and the State Board of Elections and their
17    respective websites.
18        (2) Train election judges at their mandatory training
19    sessions to answer questions by electors concerning the
20    changes made by this amendatory Act of the 98th General
21    Assembly.
22        (3) Require documentation describing the changes made
23    by this amendatory Act of the 98th General Assembly to be

 

 

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1    disseminated by election judges at every election.
2        (4) Coordinate with each local election authority so
3    that at least 2 seminars are conducted in each county and
4    each municipality operating under Article 6 of this Act
5    prior to September 15, 2012.
6        (5) Coordinate with local and service organizations to
7    provide for additional informational seminars at a local or
8    statewide level.
9        (6) Place an advertisement describing the changes made
10    by this amendatory Act of the 98th General Assembly in
11    Illinois newspapers of general circulation by no later than
12    September 15, 2012.
13        (7) Coordinate with local media outlets to disseminate
14    information concerning the changes made by this amendatory
15    Act of the 98th General Assembly.
16        (8) Notify each registered elector who does not have an
17    Illinois issued driver's license or identification card of
18    the provisions of this amendatory Act of the 98th General
19    Assembly by no later than September 1, 2012. This notice
20    must include the requirements to vote absentee, early, or
21    on election day and a description of voting by provisional
22    ballot. It also must state the availability of a free
23    Illinois identification card pursuant to Section 12 of the
24    Illinois Identification Card Act.
25    In addition to the items above, the State Board of
26Elections may implement additional educational programs in its

 

 

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1discretion.
 
2    (10 ILCS 5/4-15)  (from Ch. 46, par. 4-15)
3    Sec. 4-15. Within 5 days after a person registers or
4transfers his registration at the office of the county clerk,
5such clerk shall send by mail a certificate to such person
6setting forth the elector's name and address as it appears upon
7the registration record card, and shall request him in case of
8any error to present the certificate on or before the 7th day
9next ensuing at the office of the county clerk in order to
10secure correction of the error. The certificate shall contain
11on the outside a request for the postmaster to return it within
125 days if it cannot be delivered to the addressee at the
13address given thereon. Upon the return by the post office of a
14certificate which it has been unable to deliver at the given
15address because the addressee cannot be found there or because
16no such address exists, a notice shall be at once sent through
17the United States mail to such person at the address appearing
18upon his registration record card requiring him to appear
19before the county clerk, within 5 days, to answer questions
20touching his right to register. If the person notified fails to
21appear at the county clerk's office within 5 days as directed
22or if he appears and fails to prove his right to register, the
23county clerk shall mark his registration card as incomplete and
24he shall not be permitted to vote until his registration is
25satisfactorily completed.

 

 

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1    If an elector possesses such a certificate valid on its
2face, if his name does not expressly appear to have been erased
3or withdrawn from the precinct list as corrected and revised as
4provided by Section 4-11 of this Article, if he makes an
5affidavit and attaches such certificate thereto, and if such
6affidavit substantially in the form prescribed in Section 17-10
7of this Act is sworn to before a judge of election on suitable
8forms provided by the county clerk for that purpose, such
9elector shall be permitted to vote even though his duplicate
10registration card is not to be found in the precinct binder and
11even though his name is not to be found upon the printed or any
12other list.
13    If an elector loses or defaces the certificate, the elector
14may obtain a duplicate certificate from the county clerk upon
15request in person, or by telephone or mail.
16(Source: Laws 1961, p. 3394.)
 
17    (10 ILCS 5/4-35 new)
18    Sec. 4-35. Voter registration identification cards. The
19State Board of Elections shall assist the county clerk in
20implementing a system in order to issue voter registration
21identification cards with a photograph of the elector. This
22voter registration identification card may be used for voting
23purposes only. This voter registration identification card
24shall be provided free of charge.
 

 

 

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1    (10 ILCS 5/5-21)  (from Ch. 46, par. 5-21)
2    Sec. 5-21. To each person who registers at the office of
3the county, city, village, incorporated town or town clerk, or
4any place designated by the Board of County Commissioners under
5section 5-17 of article 5 and within five days thereafter, the
6County Clerk shall send by mail a notice setting forth the
7elector's name and address as it appears on the registration
8record card, and shall request him in case of any error to
9present the notice on or before the seventh day next ensuing at
10the office of the County Clerk in order to secure the
11correction of the error. Such notice shall contain on the
12outside a request for the postmaster to return it within five
13days if it cannot be delivered to the addressee at the address
14given thereon. Upon the return by the post office of such
15notice which it has been unable to deliver at the given address
16because the addressee cannot be found there, a notice shall be
17at once sent through the United States mail to such person at
18the address appearing upon his registration record card
19requiring him to appear before the County Clerk, within five
20days, to answer questions touching his right to register. If
21the person notified fails to appear at the County Clerk's
22office within five days as directed or if he appears and fails
23to prove his right to register, the County Clerk shall cancel
24his registration.
25    If an elector loses or defaces the notice, the elector may
26obtain a duplicate notice from the County Clerk upon request in

 

 

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1person, or by telephone or mail.
2(Source: P.A. 80-1469.)
 
3    (10 ILCS 5/5-45 new)
4    Sec. 5-45. Voter registration identification cards. The
5State Board of Elections shall assist the county clerk in
6implementing a system in order to issue voter registration
7identification cards with a photograph of the elector. This
8voter registration identification card may be used for voting
9purposes only. This voter registration identification card
10shall be provided free of charge.
 
11    (10 ILCS 5/6-57)  (from Ch. 46, par. 6-57)
12    Sec. 6-57. To each person who registers at the office of
13the board of election commissioners or at any place designated
14by such board under Section 6-51 of this Article, after the
15first registration under this Article, the board shall send by
16mail a notice setting forth the elector's name and address as
17it appears on the registration record card, and shall request
18him in case of any error to present the notice on or before the
19tenth day next ensuing at the office of the Board of Election
20Commissioners in order to secure the correction of the error.
21Such notice shall contain on the outside a request for the
22postmaster to return it within five days if it cannot be
23delivered to the addressee at the address given thereon. Upon
24the return by the post office of any such notice which it has

 

 

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1been unable to deliver at the given address because the
2addressee cannot be found there, a notice shall be at once sent
3through the United States mail to such person at the address
4appearing upon his registration record card requiring him to
5appear before the Board of Election Commissioners at a time and
6place specified in the notice and show cause why his name
7should not be cancelled from the register. Thereafter,
8proceedings shall be, as nearly as may be, in conformity with
9those established by Section 6-52 of this Article with respect
10to applications to complete registration. Such notice may be
11sent at any time within thirty days after the registration of
12any person, but such notice shall be sent within five days
13after the last day of registration before any election, to all
14persons who have registered since the last preceding election,
15and to whom no such notice has theretofore been sent; and where
16the addressee cannot be found, notice requiring such person to
17appear before the board of election commissioners shall specify
18dates for hearing before the election not later than those
19prescribed by Section 6-45 of this Article.
20    If an elector loses or defaces the notice, the elector may
21obtain a duplicate notice from the Board of Election
22Commissioners upon request in person, or by telephone or mail.
23(Source: Laws 1951, p. 1795.)
 
24    (10 ILCS 5/6-85 new)
25    Sec. 6-85. Voter registration identification cards. The

 

 

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1State Board of Elections shall assist the board of election
2commissioners in implementing a system in order to issue voter
3registration identification cards with a photograph of the
4elector. This voter registration identification card may be
5used for voting purposes only. This voter registration
6identification card shall be provided free of charge.
 
7    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
8    Sec. 17-9. Any person desiring to vote shall
9        (1) produce a valid and current:
10            (A) Illinois driver's license;
11            (B) other form of identification containing a
12        photograph issued by the Secretary of State;
13            (C) passport;
14            (D) military identification containing a
15        photograph issued by the federal government; or
16            (E) Illinois voter registration identification
17        card containing a photograph issued pursuant to
18        Section 4-35, 5-45, or 6-85; and
19        (2) give his name and, if required to do so, his
20    residence to the judges of election, one of whom shall
21    thereupon announce the same in a loud and distinct tone of
22    voice, clear, and audible. ;
23The judges of elections shall compare the photograph contained
24on the required identification with the person seeking to vote.
25The judge shall verify that the photograph is that of the

 

 

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1person seeking to vote. The the judges of elections shall check
2each application for ballot against the list of voters
3registered in that precinct to whom grace period, absentee, or
4early ballots have been issued for that election, which shall
5be provided by the election authority and which list shall be
6available for inspection by pollwatchers. A voter applying to
7vote in the precinct on election day whose name appears on the
8list as having been issued a grace period, absentee, or early
9ballot shall not be permitted to vote in the precinct, except
10that a voter to whom an absentee ballot was issued may vote in
11the precinct if the voter submits to the election judges that
12absentee ballot for cancellation. If the voter is unable to
13submit the absentee ballot, it shall be sufficient for the
14voter to submit to the election judges (i) a portion of the
15absentee ballot if the absentee ballot was torn or mutilated or
16(ii) an affidavit executed before the election judges
17specifying that (A) the voter never received an absentee ballot
18or (B) the voter completed and returned an absentee ballot and
19was informed that the election authority did not receive that
20absentee ballot. All applicable provisions of Articles 4, 5 or
216 shall be complied with and if such name is found on the
22register of voters by the officer having charge thereof, he
23shall likewise repeat said name, and the voter shall be allowed
24to enter within the proximity of the voting booths, as above
25provided. One of the judges shall give the voter one, and only
26one of each ballot to be voted at the election, on the back of

 

 

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1which ballots such judge shall indorse his initials in such
2manner that they may be seen when each such ballot is properly
3folded, and the voter's name shall be immediately checked on
4the register list. In those election jurisdictions where
5perforated ballot cards are utilized of the type on which
6write-in votes can be cast above the perforation, the election
7authority shall provide a space both above and below the
8perforation for the judge's initials, and the judge shall
9endorse his or her initials in both spaces. Whenever a proposal
10for a constitutional amendment or for the calling of a
11constitutional convention is to be voted upon at the election,
12the separate blue ballot or ballots pertaining thereto shall,
13when being handed to the voter, be placed on top of the other
14ballots to be voted at the election in such manner that the
15legend appearing on the back thereof, as prescribed in Section
1616-6 of this Act, shall be plainly visible to the voter. At all
17elections, when a registry may be required, if the name of any
18person so desiring to vote at such election is not found on the
19register of voters, he or she shall not receive a ballot until
20he or she shall have complied with the law prescribing the
21manner and conditions of voting by unregistered voters. If any
22person desiring to vote at any election shall be challenged, he
23or she shall not receive a ballot until he or she shall have
24established his right to vote in the manner provided
25hereinafter; and if he or she shall be challenged after he has
26received his ballot, he shall not be permitted to vote until he

 

 

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1or she has fully complied with such requirements of the law
2upon being challenged. Besides the election officer, not more
3than 2 voters in excess of the whole number of voting booths
4provided shall be allowed within the proximity of the voting
5booths at one time. The provisions of this Act, so far as they
6require the registration of voters as a condition to their
7being allowed to vote shall not apply to persons otherwise
8entitled to vote, who are, at the time of the election, or at
9any time within 60 days prior to such election have been
10engaged in the military or naval service of the United States,
11and who appear personally at the polling place on election day
12and produce to the judges of election satisfactory evidence
13thereof, but such persons, if otherwise qualified to vote,
14shall be permitted to vote at such election without previous
15registration.
16    All such persons shall also make an affidavit which shall
17be in substantially the following form:
18State of Illinois,)
19                  ) ss.
20County of ........)
21............... Precinct   .......... Ward
22    I, ...., do solemnly swear (or affirm) that I am a citizen
23of the United States, of the age of 18 years or over, and that
24within the past 60 days prior to the date of this election at
25which I am applying to vote, I have been engaged in the ....
26(military or naval) service of the United States; and I am

 

 

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1qualified to vote under and by virtue of the Constitution and
2laws of the State of Illinois, and that I am a legally
3qualified voter of this precinct and ward except that I have,
4because of such service, been unable to register as a voter;
5that I now reside at .... (insert street and number, if any) in
6this precinct and ward; that I have maintained a legal
7residence in this precinct and ward for 30 days and in this
8State 30 days next preceding this election.
9
.........................
10    Subscribed and sworn to before me on (insert date).
11
.........................
12
Judge of Election.

 
13    The affidavit of any such person shall be supported by the
14affidavit of a resident and qualified voter of any such
15precinct and ward, which affidavit shall be in substantially
16the following form:
17State of Illinois,)
18                  ) ss.
19County of ........)
20........... Precinct   ........... Ward
21    I, ...., do solemnly swear (or affirm), that I am a
22resident of this precinct and ward and entitled to vote at this
23election; that I am acquainted with .... (name of the
24applicant); that I verily believe him to be an actual bona fide
25resident of this precinct and ward and that I verily believe

 

 

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1that he or she has maintained a legal residence therein 30 days
2and in this State 30 days next preceding this election.
3
.........................
4    Subscribed and sworn to before me on (insert date).
5
.........................
6
Judge of Election.

 
7    All affidavits made under the provisions of this Section
8shall be enclosed in a separate envelope securely sealed, and
9shall be transmitted with the returns of the elections to the
10county clerk or to the board of election commissioners, who
11shall preserve the said affidavits for the period of 6 months,
12during which period such affidavits shall be deemed public
13records and shall be freely open to examination as such.
14    The purpose of the identification required under this
15Section is to confirm the person presenting himself or herself
16to vote is the elector on the list of registered voters.
17(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
18    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
19    Sec. 18-5. Any person desiring to vote and whose name is
20found upon the register of voters by the person having charge
21thereof, shall then
22        (1) produce a valid and current:
23            (A) Illinois driver's license;
24            (B) other form of identification containing a

 

 

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1        photograph issued by the Secretary of State;
2            (C) passport;
3            (D) military identification containing a
4        photograph issued by the federal government; or
5            (E) Illinois voter registration identification
6        card containing a photograph issued pursuant to
7        Section 4-35, 5-45, or 6-85;
8        (2) be questioned by one of the judges as to his
9    nativity, his term of residence at present address,
10    precinct, State and United States, his age, whether
11    naturalized and if so the date of naturalization papers and
12    court from which secured; , and
13        (3) he shall be asked to state his residence when last
14    previously registered and the date of the election for
15    which he then registered.
16The judges of elections shall compare the photograph contained
17on the required identification with the person seeking to vote.
18The judge shall verify that the photograph is that of the
19person seeking to vote. The judges of elections shall check
20each application for ballot against the list of voters
21registered in that precinct to whom grace period, absentee, and
22early ballots have been issued for that election, which shall
23be provided by the election authority and which list shall be
24available for inspection by pollwatchers. A voter applying to
25vote in the precinct on election day whose name appears on the
26list as having been issued a grace period, absentee, or early

 

 

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1ballot shall not be permitted to vote in the precinct, except
2that a voter to whom an absentee ballot was issued may vote in
3the precinct if the voter submits to the election judges that
4absentee ballot for cancellation. If the voter is unable to
5submit the absentee ballot, it shall be sufficient for the
6voter to submit to the election judges (i) a portion of the
7absentee ballot if the absentee ballot was torn or mutilated or
8(ii) an affidavit executed before the election judges
9specifying that (A) the voter never received an absentee ballot
10or (B) the voter completed and returned an absentee ballot and
11was informed that the election authority did not receive that
12absentee ballot. If such person so registered shall be
13challenged as disqualified, the party challenging shall assign
14his reasons therefor, and thereupon one of the judges shall
15administer to him an oath to answer questions, and if he shall
16take the oath he shall then be questioned by the judge or
17judges touching such cause of challenge, and touching any other
18cause of disqualification. And he may also be questioned by the
19person challenging him in regard to his qualifications and
20identity. But if a majority of the judges are of the opinion
21that he is the person so registered and a qualified voter, his
22vote shall then be received accordingly. But if his vote be
23rejected by such judges, such person may afterward produce and
24deliver an affidavit to such judges, subscribed and sworn to by
25him before one of the judges, in which it shall be stated how
26long he has resided in such precinct, and state; that he is a

 

 

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1citizen of the United States, and is a duly qualified voter in
2such precinct, and that he is the identical person so
3registered. In addition to such an affidavit, the person so
4challenged shall provide to the judges of election proof of
5residence by producing 2 forms of identification showing the
6person's current residence address, provided that such
7identification may include a lease or contract for a residence
8and not more than one piece of mail addressed to the person at
9his current residence address and postmarked not earlier than
1030 days prior to the date of the election, or the person shall
11procure a witness personally known to the judges of election,
12and resident in the precinct (or district), or who shall be
13proved by some legal voter of such precinct or district, known
14to the judges to be such, who shall take the oath following,
15viz:
16    I do solemnly swear (or affirm) that I am a resident of
17this election precinct (or district), and entitled to vote at
18this election, and that I have been a resident of this State
19for 30 days last past, and am well acquainted with the person
20whose vote is now offered; that he is an actual and bona fide
21resident of this election precinct (or district), and has
22resided herein 30 days, and as I verily believe, in this State,
2330 days next preceding this election.
24    The oath in each case may be administered by one of the
25judges of election, or by any officer, resident in the precinct
26or district, authorized by law to administer oaths. Also

 

 

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1supported by an affidavit by a registered voter residing in
2such precinct, stating his own residence, and that he knows
3such person; and that he does reside at the place mentioned and
4has resided in such precinct and state for the length of time
5as stated by such person, which shall be subscribed and sworn
6to in the same way. For purposes of this Section, the
7submission of a photo identification issued by a college or
8university, accompanied by either (i) a copy of the applicant's
9contract or lease for a residence or (ii) one piece of mail
10addressed to the person at his or her current residence address
11and postmarked not earlier than 30 days prior to the date of
12the election, shall be sufficient to establish proof of
13residence. Whereupon the vote of such person shall be received,
14and entered as other votes. But such judges, having charge of
15such registers, shall state in their respective books the facts
16in such case, and the affidavits, so delivered to the judges,
17shall be preserved and returned to the office of the
18commissioners of election. Blank affidavits of the character
19aforesaid shall be sent out to the judges of all the precincts,
20and the judges of election shall furnish the same on demand and
21administer the oaths without criticism. Such oaths, if
22administered by any other officer than such judge of election,
23shall not be received. Whenever a proposal for a constitutional
24amendment or for the calling of a constitutional convention is
25to be voted upon at the election, the separate blue ballot or
26ballots pertaining thereto shall be placed on top of the other

 

 

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1ballots to be voted at the election in such manner that the
2legend appearing on the back thereof, as prescribed in Section
316-6 of this Act, shall be plainly visible to the voter, and in
4this fashion the ballots shall be handed to the voter by the
5judge.
6    Immediately after voting, the voter shall be instructed
7whether the voting equipment, if used, accepted or rejected the
8ballot or identified the ballot as under-voted. A voter whose
9ballot is identified as under-voted for a statewide
10constitutional office may return to the voting booth and
11complete the voting of that ballot. A voter whose ballot is not
12accepted by the voting equipment may, upon surrendering the
13ballot, request and vote another ballot. The voter's
14surrendered ballot shall be initialed by the election judge and
15handled as provided in the appropriate Article governing that
16voting equipment.
17    The voter shall, upon quitting the voting booth, deliver to
18one of the judges of election all of the ballots, properly
19folded, which he received. The judge of election to whom the
20voter delivers his ballots shall not accept the same unless all
21of the ballots given to the voter are returned by him. If a
22voter delivers less than all of the ballots given to him, the
23judge to whom the same are offered shall advise him in a voice
24clearly audible to the other judges of election that the voter
25must return the remainder of the ballots. The statement of the
26judge to the voter shall clearly express the fact that the

 

 

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1voter is not required to vote such remaining ballots but that
2whether or not he votes them he must fold and deliver them to
3the judge. In making such statement the judge of election shall
4not indicate by word, gesture or intonation of voice that the
5unreturned ballots shall be voted in any particular manner. No
6new voter shall be permitted to enter the voting booth of a
7voter who has failed to deliver the total number of ballots
8received by him until such voter has returned to the voting
9booth pursuant to the judge's request and again quit the booth
10with all of the ballots required to be returned by him. Upon
11receipt of all such ballots the judges of election shall enter
12the name of the voter, and his number, as above provided in
13this Section, and the judge to whom the ballots are delivered
14shall immediately put the ballots into the ballot box. If any
15voter who has failed to deliver all the ballots received by him
16refuses to return to the voting booth after being advised by
17the judge of election as herein provided, the judge shall
18inform the other judges of such refusal, and thereupon the
19ballot or ballots returned to the judge shall be deposited in
20the ballot box, the voter shall be permitted to depart from the
21polling place, and a new voter shall be permitted to enter the
22voting booth.
23    The judge of election who receives the ballot or ballots
24from the voter shall announce the residence and name of such
25voter in a loud voice. The judge shall put the ballot or
26ballots received from the voter into the ballot box in the

 

 

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1presence of the voter and the judges of election, and in plain
2view of the public. The judges having charge of such registers
3shall then, in a column prepared thereon, in the same line of,
4the name of the voter, mark "Voted" or the letter "V".
5    No judge of election shall accept from any voter less than
6the full number of ballots received by such voter without first
7advising the voter in the manner above provided of the
8necessity of returning all of the ballots, nor shall any such
9judge advise such voter in a manner contrary to that which is
10herein permitted, or in any other manner violate the provisions
11of this Section; provided, that the acceptance by a judge of
12election of less than the full number of ballots delivered to a
13voter who refuses to return to the voting booth after being
14properly advised by such judge shall not be a violation of this
15Section.
16    The purpose of the identification required under this
17Section is to confirm the person presenting himself or herself
18to vote is the elector on the list of registered voters.
19(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
20    (10 ILCS 5/18A-5)
21    Sec. 18A-5. Provisional voting; general provisions.
22    (a) A person who claims to be a registered voter is
23entitled to cast a provisional ballot under the following
24circumstances:
25        (1) The person's name does not appear on the official

 

 

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1    list of eligible voters for the precinct in which the
2    person seeks to vote. The official list is the centralized
3    statewide voter registration list established and
4    maintained in accordance with Section 1A-25;
5        (2) The person's voting status has been challenged by
6    an election judge, a pollwatcher, or any legal voter and
7    that challenge has been sustained by a majority of the
8    election judges;
9        (3) A federal or State court order extends the time for
10    closing the polls beyond the time period established by
11    State law and the person votes during the extended time
12    period;
13        (4) The voter registered to vote by mail and is
14    required by law to present identification when voting
15    either in person or, in the case of a voter who registered
16    by mail, when voting by absentee ballot, but fails to
17    present the required identification described in Sections
18    17-9 and 18-5; do so;
19        (5) The voter's name appears on the list of voters who
20    voted during the early voting period, but the voter claims
21    not to have voted during the early voting period; or
22        (6) The voter received an absentee ballot but did not
23    return the absentee ballot to the election authority; or .
24        (7) The voter is required by law to present
25    identification when voting in person, but the judge of
26    elections disputes that the photograph contained on the

 

 

SB1685- 22 -LRB098 07749 HLH 37828 b

1    required identification is the person seeking to vote.
2    (b) The procedure for obtaining and casting a provisional
3ballot at the polling place shall be as follows:
4        (1) After first verifying through an examination of the
5    precinct register that the person's address is within the
6    precinct boundaries, an election judge at the polling place
7    shall notify a person who is entitled to cast a provisional
8    ballot pursuant to subsection (a) that he or she may cast a
9    provisional ballot in that election. An election judge must
10    accept any information provided by a person who casts a
11    provisional ballot that the person believes supports his or
12    her claim that he or she is a duly registered voter and
13    qualified to vote in the election. However, if the person's
14    residence address is outside the precinct boundaries, the
15    election judge shall inform the person of that fact, give
16    the person the appropriate telephone number of the election
17    authority in order to locate the polling place assigned to
18    serve that address, and instruct the person to go to the
19    proper polling place to vote.
20        (2) The person shall execute a written form provided by
21    the election judge that shall state or contain all of the
22    following that is available:
23             (i) an affidavit stating the following:
24                State of Illinois, County of ................,
25            Township ............., Precinct ........, Ward
26            ........, I, ......................., do solemnly

 

 

SB1685- 23 -LRB098 07749 HLH 37828 b

1            swear (or affirm) that: I am a citizen of the
2            United States; I am 18 years of age or older; I
3            have resided in this State and in this precinct for
4            30 days preceding this election; I have not voted
5            in this election; I am a duly registered voter in
6            every respect; and I am eligible to vote in this
7            election. Signature ...... Printed Name of Voter
8            ....... Printed Residence Address of Voter ......
9            City ...... State .... Zip Code ..... Telephone
10            Number ...... Date of Birth ....... and Illinois
11            Driver's License Number ....... or Last 4 digits of
12            Social Security Number ...... or State
13            Identification Card Number issued to you by the
14            Illinois Secretary of State........
15            (ii) A box for the election judge to check one of
16        the 6 reasons why the person was given a provisional
17        ballot under subsection (a) of this Section 18A-5.
18            (iii) An area for the election judge to affix his
19        or her signature and to set forth any facts that
20        support or oppose the allegation that the person is not
21        qualified to vote in the precinct in which the person
22        is seeking to vote.
23        The written affidavit form described in this
24    subsection (b)(2) must be printed on a multi-part form
25    prescribed by the county clerk or board of election
26    commissioners, as the case may be.

 

 

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1        (3) After the person executes the portion of the
2    written affidavit described in subsection (b)(2)(i) of
3    this Section, the election judge shall complete the portion
4    of the written affidavit described in subsection
5    (b)(2)(iii) and (b)(2)(iv).
6        (4) The election judge shall give a copy of the
7    completed written affidavit to the person. The election
8    judge shall place the original written affidavit in a
9    self-adhesive clear plastic packing list envelope that
10    must be attached to a separate envelope marked as a
11    "provisional ballot envelope". The election judge shall
12    also place any information provided by the person who casts
13    a provisional ballot in the clear plastic packing list
14    envelope. Each county clerk or board of election
15    commissioners, as the case may be, must design, obtain or
16    procure self-adhesive clear plastic packing list envelopes
17    and provisional ballot envelopes that are suitable for
18    implementing this subsection (b)(4) of this Section.
19        (5) The election judge shall provide the person with a
20    provisional ballot, written instructions for casting a
21    provisional ballot, and the provisional ballot envelope
22    with the clear plastic packing list envelope affixed to it,
23    which contains the person's original written affidavit
24    and, if any, information provided by the provisional voter
25    to support his or her claim that he or she is a duly
26    registered voter. An election judge must also give the

 

 

SB1685- 25 -LRB098 07749 HLH 37828 b

1    person written information that states that any person who
2    casts a provisional ballot shall be able to ascertain,
3    pursuant to guidelines established by the State Board of
4    Elections, whether the provisional vote was counted in the
5    official canvass of votes for that election and, if the
6    provisional vote was not counted, the reason that the vote
7    was not counted.
8        (6) After the person has completed marking his or her
9    provisional ballot, he or she shall place the marked ballot
10    inside of the provisional ballot envelope, close and seal
11    the envelope, and return the envelope to an election judge,
12    who shall then deposit the sealed provisional ballot
13    envelope into a securable container separately identified
14    and utilized for containing sealed provisional ballot
15    envelopes. Ballots that are provisional because they are
16    cast after 7:00 p.m. by court order shall be kept separate
17    from other provisional ballots. Upon the closing of the
18    polls, the securable container shall be sealed with
19    filament tape provided for that purpose, which shall be
20    wrapped around the box lengthwise and crosswise, at least
21    twice each way, and each of the election judges shall sign
22    the seal.
23        (7) In addition to the written affidavit described in
24    item (i) of paragraph (2) of this subsection (b), if a
25    person is entitled to cast a provisional ballot under
26    paragraph (4) of subsection (a) of this Section due to a

 

 

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1    religious objection to being photographed, the person may
2    complete an affidavit under penalty of perjury at the
3    polling place and affirm that the person: (i) is the same
4    individual who personally appeared at the polling place;
5    (ii) cast the provisional ballot on election day; and (iii)
6    has a religious objection to being photographed. Upon
7    completion of the affidavit, the person may cast a
8    provisional ballot. The affidavit must be submitted with
9    the provisional ballot envelope as provided in paragraph
10    (4) of this subsection (b) and be filed with the county
11    clerk or board of election commissioners, as the case may
12    be.
13        (8) In addition to the written affidavit described in
14    item (i) of paragraph (2) of this subsection (b), if a
15    person is entitled to cast a provisional ballot under
16    paragraph (4) of subsection (a) of this Section because the
17    person suffers from a reasonable impediment that prevents
18    the person from obtaining photographic identification, the
19    person may complete an affidavit under the penalty of
20    perjury at the polling place and affirm that the person:
21    (i) is the same individual who personally appeared at the
22    polling place; (ii) cast the provisional ballot on election
23    day; and (iii) suffers from a reasonable impediment that
24    prevents the person from obtaining photographic
25    identification. The person also shall list the impediment,
26    unless otherwise prohibited by State or federal law. Upon

 

 

SB1685- 27 -LRB098 07749 HLH 37828 b

1    completion of the affidavit, the person may cast a
2    provisional ballot. The affidavit must be submitted with
3    the provisional ballot envelope as provided in paragraph
4    (4) of this subsection (b) and be filed with the county
5    clerk or board of election commissioners, as the case may
6    be.
7    (c) Instead of the affidavit form described in subsection
8(b), the county clerk or board of election commissioners, as
9the case may be, may design and use a multi-part affidavit form
10that is imprinted upon or attached to the provisional ballot
11envelope described in subsection (b). If a county clerk or
12board of election commissioners elects to design and use its
13own multi-part affidavit form, then the county clerk or board
14of election commissioners shall establish a mechanism for
15accepting any information the provisional voter has supplied to
16the election judge to support his or her claim that he or she
17is a duly registered voter. In all other respects, a county
18clerk or board of election commissioners shall establish
19procedures consistent with subsection (b).
20    (d) The county clerk or board of election commissioners, as
21the case may be, shall use the completed affidavit form
22described in subsection (b) to update the person's voter
23registration information in the State voter registration
24database and voter registration database of the county clerk or
25board of election commissioners, as the case may be. If a
26person is later determined not to be a registered voter based

 

 

SB1685- 28 -LRB098 07749 HLH 37828 b

1on Section 18A-15 of this Code, then the affidavit shall be
2processed by the county clerk or board of election
3commissioners, as the case may be, as a voter registration
4application.
5(Source: P.A. 97-766, eff. 7-6-12.)
 
6    (10 ILCS 5/18A-15)
7    Sec. 18A-15. Validating and counting provisional ballots.
8    (a) The county clerk or board of election commissioners
9shall complete the validation and counting of provisional
10ballots within 14 calendar days of the day of the election. The
11county clerk or board of election commissioners shall have 7
12calendar days from the completion of the validation and
13counting of provisional ballots to conduct its final canvass.
14The State Board of Elections shall complete within 31 calendar
15days of the election or sooner if all the returns are received,
16its final canvass of the vote for all public offices.
17    (b) Except as provided in subsection (i), if If a county
18clerk or board of election commissioners determines that all of
19the following apply, then a provisional ballot is valid and
20shall be counted as a vote:
21        (1) the provisional voter cast the provisional ballot
22    in the correct precinct based on the address provided by
23    the provisional voter. The provisional voter's affidavit
24    shall serve as a change of address request by that voter
25    for registration purposes for the next ensuing election if

 

 

SB1685- 29 -LRB098 07749 HLH 37828 b

1    it bears an address different from that in the records of
2    the election authority;
3        (2) the affidavit executed by the provisional voter
4    pursuant to subsection (b)(2) of Section 18A-5 contains, at
5    a minimum, the provisional voter's first and last name,
6    house number and street name, and signature or mark;
7        (3) the provisional voter is a registered voter based
8    on information available to the county clerk or board of
9    election commissioners provided by or obtained from any of
10    the following:
11            i. the provisional voter;
12            ii. an election judge;
13            iii. the statewide voter registration database
14        maintained by the State Board of Elections;
15            iv. the records of the county clerk or board of
16        election commissioners' database; or
17            v. the records of the Secretary of State; and
18        (4) for a provisional ballot cast under item (6) of
19    subsection (a) of Section 18A-5, the voter did not vote by
20    absentee ballot in the election at which the provisional
21    ballot was cast; and .
22        (5) In the case of a provisional vote cast under
23    paragraph (7) of subsection (a) of Section 18A-5, the
24    provisional voter brings a valid and current photographic
25    identification described in Sections 17-9 and 18-5 to the
26    county clerk or board of election commissioners.

 

 

SB1685- 30 -LRB098 07749 HLH 37828 b

1    (c) With respect to subsection (b)(3) of this Section, the
2county clerk or board of election commissioners shall
3investigate and record whether or not the specified information
4is available from each of the 5 identified sources. If the
5information is available from one or more of the identified
6sources, then the county clerk or board of election
7commissioners shall seek to obtain the information from each of
8those sources until satisfied, with information from at least
9one of those sources, that the provisional voter is registered
10and entitled to vote. The county clerk or board of election
11commissioners shall use any information it obtains as the basis
12for determining the voter registration status of the
13provisional voter. If a conflict exists among the information
14available to the county clerk or board of election
15commissioners as to the registration status of the provisional
16voter, then the county clerk or board of election commissioners
17shall make a determination based on the totality of the
18circumstances. In a case where the above information equally
19supports or opposes the registration status of the voter, the
20county clerk or board of election commissioners shall decide in
21favor of the provisional voter as being duly registered to
22vote. If the statewide voter registration database maintained
23by the State Board of Elections indicates that the provisional
24voter is registered to vote, but the county clerk's or board of
25election commissioners' voter registration database indicates
26that the provisional voter is not registered to vote, then the

 

 

SB1685- 31 -LRB098 07749 HLH 37828 b

1information found in the statewide voter registration database
2shall control the matter and the provisional voter shall be
3deemed to be registered to vote. If the records of the county
4clerk or board of election commissioners indicates that the
5provisional voter is registered to vote, but the statewide
6voter registration database maintained by the State Board of
7Elections indicates that the provisional voter is not
8registered to vote, then the information found in the records
9of the county clerk or board of election commissioners shall
10control the matter and the provisional voter shall be deemed to
11be registered to vote. If the provisional voter's signature on
12his or her provisional ballot request varies from the signature
13on an otherwise valid registration application solely because
14of the substitution of initials for the first or middle name,
15the election authority may not reject the provisional ballot.
16    (d) In validating the registration status of a person
17casting a provisional ballot, the county clerk or board of
18election commissioners shall not require a provisional voter to
19complete any form other than the affidavit executed by the
20provisional voter under subsection (b)(2) of Section 18A-5. In
21addition, the county clerk or board of election commissioners
22shall not require all provisional voters or any particular
23class or group of provisional voters to appear personally
24before the county clerk or board of election commissioners or
25as a matter of policy require provisional voters to submit
26additional information to verify or otherwise support the

 

 

SB1685- 32 -LRB098 07749 HLH 37828 b

1information already submitted by the provisional voter. The
2provisional voter may, within 2 calendar days after the
3election, submit additional information to the county clerk or
4board of election commissioners. This information must be
5received by the county clerk or board of election commissioners
6within the 2-calendar-day period.
7    (e) If the county clerk or board of election commissioners
8determines that subsection (b)(1), (b)(2), or (b)(3) does not
9apply, then the provisional ballot is not valid and may not be
10counted. The provisional ballot envelope containing the ballot
11cast by the provisional voter may not be opened. The county
12clerk or board of election commissioners shall write on the
13provisional ballot envelope the following: "Provisional ballot
14determined invalid.".
15    (f) If the county clerk or board of election commissioners
16determines that a provisional ballot is valid under this
17Section, then the provisional ballot envelope shall be opened.
18The outside of each provisional ballot envelope shall also be
19marked to identify the precinct and the date of the election.
20    (g) Provisional ballots determined to be valid shall be
21counted at the election authority's central ballot counting
22location and shall not be counted in precincts. The provisional
23ballots determined to be valid shall be added to the vote
24totals for the precincts from which they were cast in the order
25in which the ballots were opened. The validation and counting
26of provisional ballots shall be subject to the provisions of

 

 

SB1685- 33 -LRB098 07749 HLH 37828 b

1this Code that apply to pollwatchers. If the provisional
2ballots are a ballot of a punch card voting system, then the
3provisional ballot shall be counted in a manner consistent with
4Article 24A. If the provisional ballots are a ballot of optical
5scan or other type of approved electronic voting system, then
6the provisional ballots shall be counted in a manner consistent
7with Article 24B.
8    (h) As soon as the ballots have been counted, the election
9judges or election officials shall, in the presence of the
10county clerk or board of election commissioners, place each of
11the following items in a separate envelope or bag: (1) all
12provisional ballots, voted or spoiled; (2) all provisional
13ballot envelopes of provisional ballots voted or spoiled; and
14(3) all executed affidavits of the provisional ballots voted or
15spoiled. All provisional ballot envelopes for provisional
16voters who have been determined not to be registered to vote
17shall remain sealed. The county clerk or board of election
18commissioners shall treat the provisional ballot envelope
19containing the written affidavit as a voter registration
20application for that person for the next election and process
21that application. The election judges or election officials
22shall then securely seal each envelope or bag, initial the
23envelope or bag, and plainly mark on the outside of the
24envelope or bag in ink the precinct in which the provisional
25ballots were cast. The election judges or election officials
26shall then place each sealed envelope or bag into a box, secure

 

 

SB1685- 34 -LRB098 07749 HLH 37828 b

1and seal it in the same manner as described in item (6) of
2subsection (b) of Section 18A-5. Each election judge or
3election official shall take and subscribe an oath before the
4county clerk or board of election commissioners that the
5election judge or election official securely kept the ballots
6and papers in the box, did not permit any person to open the
7box or otherwise touch or tamper with the ballots and papers in
8the box, and has no knowledge of any other person opening the
9box. For purposes of this Section, the term "election official"
10means the county clerk, a member of the board of election
11commissioners, as the case may be, and their respective
12employees.
13    (i) If the county clerk or board of election commissioners,
14as the case may be, determines that a provisional ballot was
15cast only due to the provisional voter's inability to provide
16proof of identification and an affidavit is submitted pursuant
17to subsection (7) or (8) of subsection (b) of Section 18A-5,
18the county clerk or board of election commissioners, as the
19case may be, shall find that the provisional ballot is valid
20unless the county clerk or board of election commissioners has
21grounds to believe the affidavit is false.
22    (j) Before making the determinations under subsection (b),
23and if the county clerk of board of election commissioners, as
24the case may be, determines that a provision ballot was cast
25for a cause other than the inability to provide proof of
26identification as required by described in Sections 17-9 and

 

 

SB1685- 35 -LRB098 07749 HLH 37828 b

118-5, the county clerk or board of election commissioners shall
2note on the envelope containing the provisional ballot that the
3voter complied with the proof of identification requirement.
4(Source: P.A. 97-766, eff. 7-6-12.)
 
5    Section 99. Effective date. This Act takes effect July 1,
62013.