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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 4-10, 4-105, 5-9, 5-105, 6-37, 6-105, 17-10, 18-5, and | ||||||
6 | 19A-35 as follows:
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7 | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
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8 | Sec. 4-10.
Except as herein provided, no person shall be | ||||||
9 | registered,
unless he applies in person to a registration | ||||||
10 | officer, answers such
relevant questions as may be asked of him | ||||||
11 | by the registration officer,
and executes the affidavit of | ||||||
12 | registration. The registration officer shall
require the | ||||||
13 | applicant to furnish two forms of identification, and except in | ||||||
14 | the
case of a homeless individual, one of which must include | ||||||
15 | his or her residence
address. These forms of identification | ||||||
16 | shall include, but not be limited to,
any of the following: | ||||||
17 | driver's license, social security card, public aid
| ||||||
18 | identification card, utility bill, employee or student | ||||||
19 | identification card,
lease or contract for a residence, credit | ||||||
20 | card, or a civic, union or professional association membership | ||||||
21 | card.
The registration officer shall require a homeless | ||||||
22 | individual to furnish
evidence of his or her use of the mailing | ||||||
23 | address stated. This use may be
demonstrated by a piece of mail |
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| |||||||
1 | addressed to that individual and received at
that address or by | ||||||
2 | a statement from a person authorizing use of the mailing
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3 | address. The registration officer shall require each applicant | ||||||
4 | for
registration to read or have read to him the affidavit of | ||||||
5 | registration
before permitting him to execute the affidavit.
| ||||||
6 | One of the registration officers or a deputy registration | ||||||
7 | officer,
county clerk, or clerk in the office of the county | ||||||
8 | clerk, shall
administer to all persons who shall personally | ||||||
9 | apply to register the
following oath or affirmation:
| ||||||
10 | "You do solemnly swear (or affirm) that you will fully and | ||||||
11 | truly
answer all such questions as shall be put to you touching | ||||||
12 | your name,
place of residence, place of birth, your | ||||||
13 | qualifications as an elector
and your right as such to register | ||||||
14 | and vote under the laws of the State
of Illinois."
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15 | The registration officer shall satisfy himself that each | ||||||
16 | applicant
for registration is qualified to register before | ||||||
17 | registering him. If the
registration officer has reason to | ||||||
18 | believe that the applicant is a resident
of a Soldiers' and | ||||||
19 | Sailors' Home or any facility which is licensed or certified
| ||||||
20 | pursuant to the Nursing Home Care Act, the following question | ||||||
21 | shall be put,
"When you entered the home which is your present | ||||||
22 | address, was it your bona
fide intention to become a resident | ||||||
23 | thereof?" Any voter of a township, city,
village or | ||||||
24 | incorporated town in which such applicant resides, shall be
| ||||||
25 | permitted to be present at the place of any precinct | ||||||
26 | registration and shall
have the right to challenge any |
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| |||||||
1 | applicant who applies to be registered.
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2 | In case the officer is not satisfied that the applicant is | ||||||
3 | qualified
he shall forthwith notify such applicant in writing | ||||||
4 | to appear before the
county clerk to complete his registration. | ||||||
5 | Upon the card of such
applicant shall be written the word | ||||||
6 | "incomplete" and no such applicant
shall be permitted to vote | ||||||
7 | unless such registration is satisfactorily
completed as | ||||||
8 | hereinafter provided. No registration shall be taken and
marked | ||||||
9 | as incomplete if information to complete it can be furnished on
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10 | the date of the original application.
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11 | Any person claiming to be an elector in any election | ||||||
12 | precinct and
whose registration card is marked "Incomplete" may | ||||||
13 | make and sign an
application in writing, under oath, to the | ||||||
14 | county clerk in substance in
the following form:
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15 | "I do solemnly swear that I, ...., did on (insert date) | ||||||
16 | make
application to the board of registry of the .... precinct | ||||||
17 | of the township of
.... (or to the county clerk of .... county) | ||||||
18 | and that said board or clerk
refused to complete my | ||||||
19 | registration as a qualified voter in said
precinct. That I | ||||||
20 | reside in said precinct, that I intend to reside in said
| ||||||
21 | precinct, and am a duly qualified voter of said precinct and am | ||||||
22 | entitled to be
registered to vote in said precinct at the next | ||||||
23 | election.
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24 | (Signature of applicant) ............................."
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25 | All such applications shall be presented to the county |
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1 | clerk or to
his duly authorized representative by the | ||||||
2 | applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||||||
3 | p.m. on any day after the days on
which the 1969 and 1970 | ||||||
4 | precinct re-registrations are held but not on
any day within 27 | ||||||
5 | days preceding the ensuing general election and
thereafter for | ||||||
6 | the registration provided in Section 4-7 all such
applications | ||||||
7 | shall be presented to the county clerk or his duly
authorized | ||||||
8 | representative by the applicant in person between the hours
of | ||||||
9 | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||||||
10 | the
ensuing general election. Such application shall be heard | ||||||
11 | by the county
clerk or his duly authorized representative at | ||||||
12 | the time the application
is presented. If the applicant for | ||||||
13 | registration has registered with the
county clerk, such | ||||||
14 | application may be presented to and heard by the
county clerk | ||||||
15 | or by his duly authorized representative upon the dates
| ||||||
16 | specified above or at any time prior thereto designated by the | ||||||
17 | county clerk.
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18 | Any otherwise qualified person who is absent from his | ||||||
19 | county of
residence either due to business of the United States | ||||||
20 | or because he is
temporarily outside the territorial limits of | ||||||
21 | the United States may
become registered by mailing an | ||||||
22 | application to the county clerk within
the periods of | ||||||
23 | registration provided for in this Article, or by simultaneous
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24 | application for absentee registration and absentee ballot as | ||||||
25 | provided in
Article 20 of this Code.
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26 | Upon receipt of such application the county clerk shall |
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1 | immediately
mail an affidavit of registration in duplicate, | ||||||
2 | which affidavit shall
contain the following and such other | ||||||
3 | information as the State Board of
Elections may think it proper | ||||||
4 | to require for the identification of the
applicant:
| ||||||
5 | Name. The name of the applicant, giving surname and first | ||||||
6 | or
Christian name in full, and the middle name or the initial | ||||||
7 | for such
middle name, if any.
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8 | Sex.
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9 | Residence. The name and number of the street, avenue or | ||||||
10 | other
location of the dwelling, and such additional clear and | ||||||
11 | definite
description as may be necessary to determine the exact | ||||||
12 | location of the
dwelling of the applicant. Where the location | ||||||
13 | cannot be determined by
street and number, then the Section, | ||||||
14 | congressional township and range
number may be used, or such | ||||||
15 | other information as may be necessary,
including post office | ||||||
16 | mailing address.
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17 | Term of residence in the State of Illinois and the | ||||||
18 | precinct.
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19 | Nativity. The State or country in which the applicant was | ||||||
20 | born.
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21 | Citizenship. Whether the applicant is native born or | ||||||
22 | naturalized. If
naturalized, the court, place and date of | ||||||
23 | naturalization.
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24 | Age. Date of birth, by month, day and year.
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25 | Out of State address of ..........................
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26 | AFFIDAVIT OF REGISTRATION
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1 | State of ...........)
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2 | )ss
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3 | County of ..........)
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4 | I hereby swear (or affirm) that I am a citizen of the | ||||||
5 | United States;
that on the day of the next election I shall | ||||||
6 | have resided in the State
of Illinois and in the election | ||||||
7 | precinct 30 days; that I am
fully qualified to vote, that I am | ||||||
8 | not registered to vote anywhere else
in the United States, that | ||||||
9 | I intend to remain a resident of the State of
Illinois and of | ||||||
10 | the election precinct, that I intend to return to the State
of | ||||||
11 | Illinois, and that the above statements are true.
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12 | ..............................
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13 | (His or her signature or mark)
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14 | Subscribed and sworn to before me, an officer qualified to | ||||||
15 | administer
oaths, on (insert date).
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16 | ........................................
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17 | Signature of officer administering oath.
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18 | Upon receipt of the executed duplicate affidavit of | ||||||
19 | Registration, the
county clerk shall transfer the information | ||||||
20 | contained thereon to
duplicate Registration Cards provided for | ||||||
21 | in Section 4-8 of this Article
and shall attach thereto a copy | ||||||
22 | of each of the duplicate affidavit of
registration and | ||||||
23 | thereafter such registration card and affidavit shall
| ||||||
24 | constitute the registration of such person the same as if he | ||||||
25 | had applied
for registration in person.
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26 | (Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
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1 | (10 ILCS 5/4-105)
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2 | Sec. 4-105. First time voting. A person must vote for the | ||||||
3 | first time in person and not by a mailed absentee ballot if the | ||||||
4 | person registered to vote by mail, unless the person first | ||||||
5 | provides the appropriate election authority with sufficient | ||||||
6 | proof of identity and the election authority verifies the | ||||||
7 | person's proof of identity. Sufficient proof of identity shall | ||||||
8 | be demonstrated by submission of the person's driver's license | ||||||
9 | number or State identification card number or, if the person | ||||||
10 | does not have either of those, verification by the last 4 | ||||||
11 | digits of the person's social security number, a copy of a | ||||||
12 | current and valid photo identification, or a copy of a current | ||||||
13 | utility bill, bank statement, paycheck, government check, or | ||||||
14 | other federal, State, or local government document that shows | ||||||
15 | the person's name and address. A person may also demonstrate | ||||||
16 | sufficient proof of identity by submission of a photo | ||||||
17 | identification issued by a college or university accompanied by | ||||||
18 | either a copy of the applicant's contract or lease for a | ||||||
19 | residence or any postmarked mail delivered to the applicant at | ||||||
20 | his or her current residence address. Persons who apply to | ||||||
21 | register to vote by mail but provide inadequate proof of | ||||||
22 | identity to the election authority shall be notified by the | ||||||
23 | election authority that the registration has not been fully | ||||||
24 | completed and that the person remains ineligible to vote by | ||||||
25 | mail or in person until such proof is presented.
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1 | (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
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2 | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
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3 | Sec. 5-9.
Except as herein provided, no person shall be | ||||||
4 | registered
unless he applies in person to registration officer, | ||||||
5 | answers such
relevant questions as may be asked of him by the | ||||||
6 | registration officer,
and executes the affidavit of | ||||||
7 | registration. The registration officer shall
require the | ||||||
8 | applicant to furnish two forms of identification, and except in | ||||||
9 | the
case of a homeless individual, one of which must include | ||||||
10 | his or her residence
address. These forms of identification | ||||||
11 | shall include, but not be limited to,
any of the following: | ||||||
12 | driver's license, social security card, public aid
| ||||||
13 | identification card, utility bill, employee or student | ||||||
14 | identification card,
lease or contract for a residence, credit | ||||||
15 | card, or a civic, union or professional association membership | ||||||
16 | card.
The registration officer shall require a homeless | ||||||
17 | individual to furnish
evidence of his or her use of the mailing | ||||||
18 | address stated. This use may be
demonstrated by a piece of mail | ||||||
19 | addressed to that individual and received at
that address or by | ||||||
20 | a statement from a person authorizing use of the mailing
| ||||||
21 | address. The registration officer shall require each applicant | ||||||
22 | for registration
to read or have read to him the affidavit of | ||||||
23 | registration before permitting him
to execute the affidavit.
| ||||||
24 | One of the Deputy Registrars, the Judge of Registration, or | ||||||
25 | an
Officer of Registration, County Clerk, or clerk in the |
| |||||||
| |||||||
1 | office of the
County Clerk, shall administer to all persons who | ||||||
2 | shall personally apply
to register the following oath or | ||||||
3 | affirmation:
| ||||||
4 | "You do solemnly swear (or affirm) that you will fully and | ||||||
5 | truly
answer all such questions as shall be put to you touching | ||||||
6 | your place of
residence, name, place of birth, your | ||||||
7 | qualifications as an elector and
your right as such to register | ||||||
8 | and vote under the laws of the State of
Illinois."
| ||||||
9 | The Registration Officer shall satisfy himself that each | ||||||
10 | applicant
for registration is qualified to register before | ||||||
11 | registering him. If the
registration officer has reason to | ||||||
12 | believe that the applicant is a resident
of a Soldiers' and | ||||||
13 | Sailors' Home or any facility which is licensed or certified
| ||||||
14 | pursuant to the Nursing Home Care Act, the following question | ||||||
15 | shall be put,
"When you entered the home which is your present | ||||||
16 | address, was it your bona fide
intention to become a resident | ||||||
17 | thereof?" Any voter of a township, city,
village or | ||||||
18 | incorporated town in which such applicant resides, shall be
| ||||||
19 | permitted to be present at the place of precinct registration, | ||||||
20 | and shall have
the right to challenge any applicant who applies | ||||||
21 | to be registered.
| ||||||
22 | In case the officer is not satisfied that the applicant is | ||||||
23 | qualified,
he shall forthwith in writing notify such applicant | ||||||
24 | to appear before the
County Clerk to furnish further proof of | ||||||
25 | his qualifications. Upon the
card of such applicant shall be | ||||||
26 | written the word "Incomplete" and no
such applicant shall be |
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| |||||||
1 | permitted to vote unless such registration is
satisfactorily | ||||||
2 | completed as hereinafter provided. No registration shall
be | ||||||
3 | taken and marked as "incomplete" if information to complete it | ||||||
4 | can be
furnished on the date of the original application.
| ||||||
5 | Any person claiming to be an elector in any election | ||||||
6 | precinct in such
township, city, village or incorporated town | ||||||
7 | and whose registration is
marked "Incomplete" may make and sign | ||||||
8 | an application in writing, under
oath, to the County Clerk in | ||||||
9 | substance in the following form:
| ||||||
10 | "I do solemnly swear that I, .........., did on (insert | ||||||
11 | date) make application to the Board of Registry of the ........
| ||||||
12 | precinct of ........ ward of the City of .... or of the | ||||||
13 | ......... District
......... Town of .......... (or to the | ||||||
14 | County Clerk of .............) and
............ County; that | ||||||
15 | said Board or Clerk refused to complete my
registration as a | ||||||
16 | qualified voter in said precinct, that I reside in said
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17 | precinct (or that I intend to reside in said precinct), am a | ||||||
18 | duly qualified
voter and entitled to vote in said precinct at | ||||||
19 | the next election.
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20 | ...........................
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21 | (Signature of Applicant)"
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22 | All such applications shall be presented to the County | ||||||
23 | Clerk by the
applicant, in person between the hours of nine | ||||||
24 | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||||||
25 | the third week subsequent to
the weeks in which the 1961 and | ||||||
26 | 1962 precinct re-registrations are to be
held, and thereafter |
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| |||||||
1 | for the registration provided in Section 5-17 of
this Article, | ||||||
2 | all such applications shall be presented to the County
Clerk by | ||||||
3 | the applicant in person between the hours of nine o'clock a.m.
| ||||||
4 | and nine o'clock p.m. on Monday and Tuesday of the third week
| ||||||
5 | prior to the date on which such election is to be held.
| ||||||
6 | Any otherwise qualified person who is absent from his | ||||||
7 | county of
residence either due to business of the United States | ||||||
8 | or because he is
temporarily outside the territorial limits of | ||||||
9 | the United States may
become registered by mailing an | ||||||
10 | application to the county clerk within
the periods of | ||||||
11 | registration provided for in this Article or by simultaneous
| ||||||
12 | application for absentee registration and absentee ballot as | ||||||
13 | provided in
Article 20 of this Code.
| ||||||
14 | Upon receipt of such application the county clerk shall | ||||||
15 | immediately
mail an affidavit of registration in duplicate, | ||||||
16 | which affidavit shall
contain the following and such other | ||||||
17 | information as the State Board of
Elections may think it proper | ||||||
18 | to require for the identification of the
applicant:
| ||||||
19 | Name. The name of the applicant, giving surname and first | ||||||
20 | or
Christian name in full, and the middle name or the initial | ||||||
21 | for such
middle name, if any.
| ||||||
22 | Sex.
| ||||||
23 | Residence. The name and number of the street, avenue or | ||||||
24 | other
location of the dwelling, and such additional clear and | ||||||
25 | definite
description as may be necessary to determine the exact | ||||||
26 | location of the
dwelling of the applicant. Where the location |
| |||||||
| |||||||
1 | cannot be determined by
street and number, then the Section, | ||||||
2 | congressional township and range
number may be used, or such | ||||||
3 | other information as may be necessary,
including post office | ||||||
4 | mailing address.
| ||||||
5 | Term of residence in the State of Illinois and the | ||||||
6 | precinct.
| ||||||
7 | Nativity. The State or country in which the applicant was | ||||||
8 | born.
| ||||||
9 | Citizenship. Whether the applicant is native born or | ||||||
10 | naturalized. If
naturalized, the court, place and date of | ||||||
11 | naturalization.
| ||||||
12 | Age. Date of birth, by month, day and year.
| ||||||
13 | Out of State address of ..........................
| ||||||
14 | AFFIDAVIT OF REGISTRATION
| ||||||
15 | State of .........)
| ||||||
16 | )ss
| ||||||
17 | County of ........)
| ||||||
18 | I hereby swear (or affirm) that I am a citizen of the | ||||||
19 | United States;
that on the day of the next election I shall | ||||||
20 | have resided in the State
of Illinois for 6 months and in the | ||||||
21 | election precinct 30 days; that I am
fully qualified to vote, | ||||||
22 | that I am not registered to vote anywhere else
in the United | ||||||
23 | States, that I intend to remain a resident of the State of
| ||||||
24 | Illinois and of the election precinct, that I intend to return | ||||||
25 | to the State
of Illinois, and that the above statements are | ||||||
26 | true.
|
| |||||||
| |||||||
1 | ..............................
| ||||||
2 | (His or her signature or mark)
| ||||||
3 | Subscribed and sworn to before me, an officer qualified to | ||||||
4 | administer
oaths, on (insert date).
| ||||||
5 | ........................................
| ||||||
6 | Signature of officer administering oath.
| ||||||
7 | |||||||
8 | Upon receipt of the executed duplicate affidavit of | ||||||
9 | Registration, the
county clerk shall transfer the information | ||||||
10 | contained thereon to
duplicate Registration Cards provided for | ||||||
11 | in Section 5-7 of this Article
and shall attach thereto a copy | ||||||
12 | of each of the duplicate affidavit of
registration and | ||||||
13 | thereafter such registration card and affidavit shall
| ||||||
14 | constitute the registration of such person the same as if he | ||||||
15 | had applied
for registration in person.
| ||||||
16 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
17 | (10 ILCS 5/5-105)
| ||||||
18 | Sec. 5-105. First time voting. A person must vote for the | ||||||
19 | first time in person and not by a mailed absentee ballot if the | ||||||
20 | person registered to vote by mail, unless the person first | ||||||
21 | provides the appropriate election authority with sufficient | ||||||
22 | proof of identity and the election authority verifies the | ||||||
23 | person's proof of identity. Sufficient proof of identity shall | ||||||
24 | be demonstrated by submission of the person's driver's license |
| |||||||
| |||||||
1 | number or State identification card number or, if the person | ||||||
2 | does not have either of those, verification by the last 4 | ||||||
3 | digits of the person's social security number, a copy of a | ||||||
4 | current and valid photo identification, or a copy of a current | ||||||
5 | utility bill, bank statement, paycheck, government check, or | ||||||
6 | other federal, State, or local government document that shows | ||||||
7 | the person's name and address. A person may also demonstrate | ||||||
8 | sufficient proof of identity by submission of a photo | ||||||
9 | identification issued by a college or university accompanied by | ||||||
10 | either a copy of the applicant's contract or lease for a | ||||||
11 | residence or any postmarked mail delivered to the applicant at | ||||||
12 | his or her current residence address. Persons who apply to | ||||||
13 | register to vote by mail but provide inadequate proof of | ||||||
14 | identity to the election authority shall be notified by the | ||||||
15 | election authority that the registration has not been fully | ||||||
16 | completed and that the person remains ineligible to vote by | ||||||
17 | mail or in person until such proof is presented.
| ||||||
18 | (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
| ||||||
19 | (10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
| ||||||
20 | Sec. 6-37.
Except as otherwise provided for in Section 6-29 | ||||||
21 | of this
Article, no person shall be registered unless he | ||||||
22 | applies in person to a
registration officer, answers such | ||||||
23 | relevant questions as may be asked of
him by the registration | ||||||
24 | officer, and executes the affidavit of registration.
The | ||||||
25 | registration officer shall require the applicant to furnish
two |
| |||||||
| |||||||
1 | forms of identification, and except in the case of a homeless | ||||||
2 | individual,
one of which must include his or her residence | ||||||
3 | address. These forms of
identification shall include, but not | ||||||
4 | be limited to, any of the following:
driver's license, social | ||||||
5 | security card, public aid identification card, utility
bill, | ||||||
6 | employee or student identification card, lease or contract for | ||||||
7 | a residence, credit card, or a civic,
union or professional | ||||||
8 | association membership card. The registration
officer shall | ||||||
9 | require a homeless individual to furnish evidence of his or
her | ||||||
10 | use of the mailing address stated. This use may be demonstrated | ||||||
11 | by a
piece of mail addressed to that individual and received at | ||||||
12 | that address or
by a statement from a person authorizing use of | ||||||
13 | the mailing address. The
registration officer shall require | ||||||
14 | each applicant for registration to read or
have read to him the | ||||||
15 | affidavit of registration before permitting him to execute
the | ||||||
16 | affidavit.
| ||||||
17 | The registration officer shall satisfy himself that each | ||||||
18 | applicant for
registration is qualified to register before | ||||||
19 | registering him. Any voter of
the ward, village or incorporated | ||||||
20 | town in which such applicant resides,
shall be permitted to be | ||||||
21 | present at the place of registration, and shall
have the right | ||||||
22 | to challenge any applicant who applies to be registered.
| ||||||
23 | In case the officer is not satisfied that the applicant is | ||||||
24 | qualified he
shall forthwith in writing notify such applicant | ||||||
25 | to appear before the board
of election commissioners to furnish | ||||||
26 | further proof of his qualification.
Upon the card of such |
| |||||||
| |||||||
1 | applicant shall be written the word "incomplete" and
no such | ||||||
2 | applicant shall be permitted to vote unless such registration | ||||||
3 | is
satisfactorily completed as hereinafter provided.
| ||||||
4 | Any person claiming to be an elector in any election | ||||||
5 | precinct in such
city, village or incorporated town and whose | ||||||
6 | registration is marked
"incomplete" may make and sign an | ||||||
7 | application in writing, under oath, to
the board of election | ||||||
8 | commissioners in substance in the following form:
| ||||||
9 | "I do solemnly swear that I,.... did on .... make | ||||||
10 | application to the
board of registry of the .... precinct of | ||||||
11 | .... ward of the city of ....(or
to the board of election | ||||||
12 | commissioners of ....) and that said board refused
to complete | ||||||
13 | my registration as a qualified voter in said precinct, that I
| ||||||
14 | reside in said precinct, am a duly qualified voter and entitled | ||||||
15 | to vote in
said precinct at the next election.
| ||||||
16 | ....(Signature of Applicant)"
| ||||||
17 | In all cities, villages or incorporated towns having a | ||||||
18 | population of
less than 200,000 all such applications shall be | ||||||
19 | presented to the board of
election commissioners by the | ||||||
20 | applicant, in person, between the hours of
nine o'clock a.m., | ||||||
21 | and five o'clock p.m. on Tuesday or Wednesday of the
second | ||||||
22 | week prior to the week in which such election is to be held, | ||||||
23 | and in
all municipalities having a population of more than | ||||||
24 | 200,000 and having a
board of election commissioners and in all | ||||||
25 | cities, villages and
incorporated towns within the | ||||||
26 | jurisdiction of such board, all such
applications shall be |
| |||||||
| |||||||
1 | presented to the board of election commissioners by
the | ||||||
2 | applicant, in person between the hours of nine o'clock a.m. and | ||||||
3 | five
o'clock p.m., on Monday and Tuesday of the third week | ||||||
4 | prior to the week in
which such election is to be held.
| ||||||
5 | (Source: P.A. 87-1241.)
| ||||||
6 | (10 ILCS 5/6-105)
| ||||||
7 | Sec. 6-105. First time voting. A person must vote for the | ||||||
8 | first time in person and not by a mailed absentee ballot if the | ||||||
9 | person registered to vote by mail, unless the person first | ||||||
10 | provides the appropriate election authority with sufficient | ||||||
11 | proof of identity and the election authority verifies the | ||||||
12 | person's proof of identity. Sufficient proof of identity shall | ||||||
13 | be demonstrated by submission of the person's driver's license | ||||||
14 | number or State identification card number or, if the person | ||||||
15 | does not have either of those, verification by the last 4 | ||||||
16 | digits of the person's social security number, a copy of a | ||||||
17 | current and valid photo identification, or a copy of a current | ||||||
18 | utility bill, bank statement, paycheck, government check, or | ||||||
19 | other federal, State, or local government document that shows | ||||||
20 | the person's name and address. A person may also demonstrate | ||||||
21 | sufficient proof of identity by submission of a photo | ||||||
22 | identification issued by a college or university accompanied by | ||||||
23 | either a copy of the applicant's contract or lease for a | ||||||
24 | residence or any postmarked mail delivered to the applicant at | ||||||
25 | his or her current residence address. Persons who apply to |
| |||||||
| |||||||
1 | register to vote by mail but provide inadequate proof of | ||||||
2 | identity to the election authority shall be notified by the | ||||||
3 | election authority that the registration has not been fully | ||||||
4 | completed and that the person remains ineligible to vote by | ||||||
5 | mail or in person until such proof is presented.
| ||||||
6 | (Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
| ||||||
7 | (10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
| ||||||
8 | Sec. 17-10.
(a) Whenever, at any election, in any precinct, | ||||||
9 | any
person offering to vote is not personally known to the | ||||||
10 | judges of
election to have the qualifications required in this | ||||||
11 | Act, if his vote is
challenged by a legal voter at such | ||||||
12 | election, he or she shall make and
subscribe an affidavit, in | ||||||
13 | the following form, which shall be retained
by the judges of | ||||||
14 | election, and returned by them affixed to the poll
books or | ||||||
15 | with the official poll record:
| ||||||
16 | State of Illinois)
| ||||||
17 | )ss.
| ||||||
18 | County of .......)
| ||||||
19 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
20 | of the
United States; that I am 18 years of age or over; that I | ||||||
21 | have resided in this
State and in this election district 30 | ||||||
22 | days next preceding this
election; that I have not voted at | ||||||
23 | this election; that I am a duly
qualified voter in every | ||||||
24 | respect; that I now reside at (here give the
particular house | ||||||
25 | or place of residence, and, if in a town or city, the
street |
| |||||||
| |||||||
1 | and number), in this election district; *1. that I registered | ||||||
2 | to
vote from said address; *2. that I changed my residence to | ||||||
3 | the above
address from ...., both of which are in this election | ||||||
4 | district; *3.
that I changed my name from .... to that which I | ||||||
5 | have signed below; *4. that
I have not changed my residence but | ||||||
6 | my address has changed as a result of
implementation of a 9-1-1 | ||||||
7 | emergency telephone system.
| ||||||
8 | So help me God, (or "This I do solemnly and sincerely | ||||||
9 | affirm", as the
case may be).
| ||||||
10 | .........................
| ||||||
11 | Subscribed and sworn to before me on (insert date).
| ||||||
12 | .........................
| ||||||
13 | *1. If registration is not required, draw a line through 1 | ||||||
14 | above.
| ||||||
15 | *2. Fill in the blank ONLY if you have moved within 2 | ||||||
16 | years.
| ||||||
17 | *3. Fill in the blank ONLY if you have changed your name | ||||||
18 | within 2 years.
| ||||||
19 | *4. Fill in the blank ONLY if you have not changed your | ||||||
20 | residence but your
address has changed as a result of | ||||||
21 | implementation of a 9-1-1 emergency
telephone system.
| ||||||
22 | In addition to such an affidavit, the person so challenged | ||||||
23 | shall
provide to the judges of election proof of residence by | ||||||
24 | producing
two forms of identification showing the person's | ||||||
25 | current residence address,
provided that such identification |
| |||||||
| |||||||
1 | may include a lease or contract for a residence and not more | ||||||
2 | than one
piece of mail addressed to the person at his current | ||||||
3 | residence address and
postmarked not earlier than 30 days prior | ||||||
4 | to the date of the election, or
the person shall
procure a | ||||||
5 | witness personally known to the judges of election, and
| ||||||
6 | resident in the precinct (or district), or who shall be proved | ||||||
7 | by some
legal voter of such precinct or district, known to the | ||||||
8 | judges to be
such, who shall take the oath following, viz:
| ||||||
9 | I do solemnly swear (or affirm) that I am a resident of | ||||||
10 | this election
precinct (or district), and entitled to vote at | ||||||
11 | this election, and that
I have been a resident of this State | ||||||
12 | for 30 days last past, and am well
acquainted with the person | ||||||
13 | whose vote is now offered; that he is an
actual and bona fide | ||||||
14 | resident of this election precinct (or district),
and has | ||||||
15 | resided herein 30 days, and as I verily believe, in this State,
| ||||||
16 | 30 days next preceding this election.
| ||||||
17 | The oath in each case may be administered by either of the | ||||||
18 | judges of
election, or by any officer, resident in the precinct | ||||||
19 | or district,
authorized by law to administer oaths.
| ||||||
20 | (b) Whenever, at any regular or special election, in any | ||||||
21 | precinct, district,
city, village, incorporated town, town or | ||||||
22 | ward, any person offering to vote
has moved therefrom within 30 | ||||||
23 | days prior to said regular or special election,
he shall make | ||||||
24 | and subscribe an affidavit, in the following form, which shall
| ||||||
25 | be supported by
providing to the judges of election proof of | ||||||
26 | residence by producing
two forms of identification showing the |
| |||||||
| |||||||
1 | person's current residence address,
provided that such | ||||||
2 | identification may include not more than one
piece of mail | ||||||
3 | addressed to the person at his current residence address and
| ||||||
4 | postmarked not earlier than 30 days prior to the date of the | ||||||
5 | election, or by
one affidavit of a registered voter in the | ||||||
6 | precinct, as provided
herein, both of which shall be retained | ||||||
7 | by the judges of election, and
returned by them affixed to the | ||||||
8 | poll books or with the official poll record:
| ||||||
9 | State of Illinois)
| ||||||
10 | )ss.
| ||||||
11 | County of .......)
| ||||||
12 | I, ........., do solemnly swear (or affirm) that I am a | ||||||
13 | citizen of the
United States; that I am 18 years of age; that I | ||||||
14 | have not
voted at this election; that prior to 30 days | ||||||
15 | preceding this election I
was a duly qualified and registered | ||||||
16 | voter in every respect in this election
district; that I have | ||||||
17 | recently moved from (here give the particular house
or place of | ||||||
18 | residence, and, if in a town or city, the street and number),
| ||||||
19 | in this election district; that I now reside at (here give the | ||||||
20 | particular
house or place of residence, and, if in a town or | ||||||
21 | city, the street and number),
in another election district in | ||||||
22 | the State.
| ||||||
23 | So help me God, (or "This I do solemnly and sincerely | ||||||
24 | affirm", as the
case may be).
| ||||||
25 | ......................
| ||||||
26 | Subscribed and sworn to before me on (insert date).
|
| |||||||
| |||||||
1 | ......................
| ||||||
2 | State of Illinois)
| ||||||
3 | )ss.
| ||||||
4 | County of .......)
| ||||||
5 | ......... Precinct ........ Ward
| ||||||
6 | I, ........, do solemnly swear (or affirm), that I am a | ||||||
7 | resident of this
precinct and entitled to vote at this | ||||||
8 | election; that I am acquainted with
.... (name of the | ||||||
9 | applicant); that I verily believe him to have been an
actual | ||||||
10 | bona fide resident and registered voter of this precinct and | ||||||
11 | that
he maintained a legal residence therein, 30 days next | ||||||
12 | preceding this election.
| ||||||
13 | ....................
| ||||||
14 | Subscribed and sworn to before me on (insert date).
| ||||||
15 | ....................
| ||||||
16 | Judge of Election.
| ||||||
17 | |||||||
18 | The oath may be administered by either of the judges of | ||||||
19 | election, or by
any officer, resident in the precinct or | ||||||
20 | district, authorized by law to
administer oaths.
| ||||||
21 | (c) For purposes of this Section, the submission of a photo | ||||||
22 | identification issued by a college or university, accompanied | ||||||
23 | by either (i) a copy of the applicant's contract or lease for a | ||||||
24 | residence or (ii) one piece of mail addressed to the person at | ||||||
25 | his or her current residence address and postmarked not earlier |
| |||||||
| |||||||
1 | than 30 days prior to the date of the election, shall be | ||||||
2 | sufficient to establish proof of residence. | ||||||
3 | (Source: P.A. 90-664, eff. 7-30-98; 91-357, eff. 7-29-99.)
| ||||||
4 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| ||||||
5 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
6 | found upon
the register of voters by the person having charge | ||||||
7 | thereof, shall then
be questioned by one of the judges as to | ||||||
8 | his nativity, his term of
residence at present address, | ||||||
9 | precinct, State and United States, his
age, whether naturalized | ||||||
10 | and if so the date of naturalization papers and
court from | ||||||
11 | which secured, and he shall be asked to state his residence
| ||||||
12 | when last previously registered and the date of the election | ||||||
13 | for which
he then registered. The judges of elections shall | ||||||
14 | check each application
for ballot against the list of voters | ||||||
15 | registered in that precinct to whom
grace period, absentee, and | ||||||
16 | early ballots have been issued for that election, which shall
| ||||||
17 | be provided
by the election authority and which list shall be | ||||||
18 | available for inspection
by pollwatchers. A voter applying to | ||||||
19 | vote in
the precinct on
election day whose name appears on the | ||||||
20 | list as having been issued a grace period, absentee,
or early | ||||||
21 | ballot shall not be permitted to vote in the precinct, except | ||||||
22 | that a voter to whom an absentee ballot was issued may vote in | ||||||
23 | the precinct if the voter submits to the election judges that | ||||||
24 | absentee ballot for cancellation. If the voter is unable to | ||||||
25 | submit the absentee ballot, it shall be sufficient for the |
| |||||||
| |||||||
1 | voter to submit to the election judges (i) a portion of the | ||||||
2 | absentee ballot if the absentee ballot was torn or mutilated or | ||||||
3 | (ii) an affidavit executed before the election judges | ||||||
4 | specifying that (A) the voter never received an absentee ballot | ||||||
5 | or (B) the voter completed and returned an absentee ballot and | ||||||
6 | was informed that the election authority did not receive that | ||||||
7 | absentee ballot.
If such person
so registered shall be | ||||||
8 | challenged as disqualified, the party challenging
shall assign | ||||||
9 | his reasons therefor, and thereupon one of the judges shall
| ||||||
10 | administer to him an oath to answer questions, and if he shall | ||||||
11 | take the
oath he shall then be questioned by the judge or | ||||||
12 | judges touching such cause
of challenge, and touching any other | ||||||
13 | cause of disqualification. And he may
also be questioned by the | ||||||
14 | person challenging him in regard to his
qualifications and | ||||||
15 | identity. But if a majority of the judges are of the
opinion | ||||||
16 | that he is the person so registered and a qualified voter, his | ||||||
17 | vote
shall then be received accordingly. But if his vote be | ||||||
18 | rejected by such
judges, such person may afterward produce and | ||||||
19 | deliver an affidavit to such
judges, subscribed and sworn to by | ||||||
20 | him before one of the judges, in which
it shall be stated how | ||||||
21 | long he has resided in such precinct, and state;
that he is a | ||||||
22 | citizen of the United States, and is a duly qualified voter in
| ||||||
23 | such precinct, and that he is the identical person so | ||||||
24 | registered.
In addition to such an affidavit, the person so | ||||||
25 | challenged shall provide
to the judges of election proof of | ||||||
26 | residence by producing 2 forms of
identification showing the |
| |||||||
| |||||||
1 | person's current residence address, provided
that such | ||||||
2 | identification may include a lease or contract for a residence | ||||||
3 | and not more than one piece of mail addressed to the person at | ||||||
4 | his current residence address and
postmarked not earlier than | ||||||
5 | 30 days prior to the date of the
election, or the person shall | ||||||
6 | procure a witness personally known to the
judges of election, | ||||||
7 | and resident in the precinct (or district), or who
shall be | ||||||
8 | proved by some legal voter of such precinct or district, known | ||||||
9 | to
the judges to be such, who shall take the oath following, | ||||||
10 | viz:
| ||||||
11 | I do solemnly swear (or affirm) that I am a resident of | ||||||
12 | this election
precinct (or district), and entitled to vote at | ||||||
13 | this election, and that I
have been a resident of this State | ||||||
14 | for 30 days last past, and am well
acquainted with the person | ||||||
15 | whose vote is now offered; that he is an actual
and bona fide | ||||||
16 | resident of this election precinct (or district), and has
| ||||||
17 | resided herein 30 days, and as I verily believe, in this State, | ||||||
18 | 30 days
next preceding this election.
| ||||||
19 | The oath in each case may be administered by one of the | ||||||
20 | judges of
election, or by any officer, resident in the precinct | ||||||
21 | or district,
authorized by law to administer oaths. Also | ||||||
22 | supported by an affidavit by a
registered voter residing in | ||||||
23 | such precinct, stating his own residence, and
that he knows | ||||||
24 | such person; and that he does reside at the place mentioned
and | ||||||
25 | has resided in such precinct and state for the length of time | ||||||
26 | as stated
by such person, which shall be subscribed and sworn |
| |||||||
| |||||||
1 | to in the same way.
For purposes of this Section, the | ||||||
2 | submission of a photo identification issued by a college or | ||||||
3 | university, accompanied by either (i) a copy of the applicant's | ||||||
4 | contract or lease for a residence or (ii) one piece of mail | ||||||
5 | addressed to the person at his or her current residence address | ||||||
6 | and postmarked not earlier than 30 days prior to the date of | ||||||
7 | the election, shall be sufficient to establish proof of | ||||||
8 | residence. Whereupon the vote of such person shall be received, | ||||||
9 | and entered as other
votes. But such judges, having charge of | ||||||
10 | such registers, shall state in
their respective books the facts | ||||||
11 | in such case, and the affidavits, so
delivered to the judges, | ||||||
12 | shall be preserved and returned to the office of
the | ||||||
13 | commissioners of election. Blank affidavits of the character | ||||||
14 | aforesaid
shall be sent out to the judges of all the precincts, | ||||||
15 | and the judges of
election shall furnish the same on demand and | ||||||
16 | administer the oaths without
criticism. Such oaths, if | ||||||
17 | administered by any other officer than such judge
of election, | ||||||
18 | shall not be received. Whenever a proposal for a
constitutional | ||||||
19 | amendment or for the calling of a constitutional convention
is | ||||||
20 | to be voted upon at the election, the separate blue ballot or | ||||||
21 | ballots
pertaining thereto shall be placed on top of the other | ||||||
22 | ballots to be voted
at the election in such manner that the | ||||||
23 | legend appearing on the back
thereof, as prescribed in Section | ||||||
24 | 16-6 of this Act, shall be plainly
visible to the voter, and in | ||||||
25 | this fashion the ballots shall be handed to
the voter by the | ||||||
26 | judge.
|
| |||||||
| |||||||
1 | Immediately after voting, the voter shall be instructed | ||||||
2 | whether the voting equipment, if used, accepted or rejected the | ||||||
3 | ballot or identified the ballot as under-voted. A voter whose | ||||||
4 | ballot is identified as under-voted for a statewide | ||||||
5 | constitutional office may return to the voting booth and | ||||||
6 | complete the voting of that ballot. A voter whose ballot is not | ||||||
7 | accepted by the voting equipment may, upon surrendering the | ||||||
8 | ballot, request and vote another ballot. The voter's | ||||||
9 | surrendered ballot shall be initialed by the election judge and | ||||||
10 | handled as provided in the appropriate Article governing that | ||||||
11 | voting equipment. | ||||||
12 | The voter shall, upon quitting the voting booth, deliver to | ||||||
13 | one of
the judges of election all of the ballots, properly | ||||||
14 | folded, which he
received. The judge of election to whom the | ||||||
15 | voter delivers his ballots
shall not accept the same unless all | ||||||
16 | of the ballots given to the voter
are returned by him. If a | ||||||
17 | voter delivers less than all of the ballots
given to him, the | ||||||
18 | judge to whom the same are offered shall advise him in
a voice | ||||||
19 | clearly audible to the other judges of election that the voter
| ||||||
20 | must return the remainder of the ballots. The statement of the | ||||||
21 | judge to
the voter shall clearly express the fact that the | ||||||
22 | voter is not required
to vote such remaining ballots but that | ||||||
23 | whether or not he votes them he
must fold and deliver them to | ||||||
24 | the judge. In making such statement the
judge of election shall | ||||||
25 | not indicate by word, gesture or intonation of
voice that the | ||||||
26 | unreturned ballots shall be voted in any particular
manner. No |
| |||||||
| |||||||
1 | new voter shall be permitted to enter the voting booth of a
| ||||||
2 | voter who has failed to deliver the total number of ballots | ||||||
3 | received by
him until such voter has returned to the voting | ||||||
4 | booth pursuant to the
judge's request and again quit the booth | ||||||
5 | with all of the ballots
required to be returned by him. Upon | ||||||
6 | receipt of all such ballots the
judges of election shall enter | ||||||
7 | the name of the voter, and his number, as
above provided in | ||||||
8 | this Section, and the judge to whom the ballots are
delivered | ||||||
9 | shall immediately put the ballots into the ballot box. If any
| ||||||
10 | voter who has failed to deliver all the ballots received by him | ||||||
11 | refuses
to return to the voting booth after being advised by | ||||||
12 | the judge of
election as herein provided, the judge shall | ||||||
13 | inform the other judges of
such refusal, and thereupon the | ||||||
14 | ballot or ballots returned to the judge
shall be deposited in | ||||||
15 | the ballot box, the voter shall be permitted to
depart from the | ||||||
16 | polling place, and a new voter shall be permitted to
enter the | ||||||
17 | voting booth.
| ||||||
18 | The judge of election who receives the ballot or ballots | ||||||
19 | from the
voter shall announce the residence and name of such | ||||||
20 | voter in a loud
voice. The judge shall put the ballot or | ||||||
21 | ballots received from the voter
into the ballot box in the | ||||||
22 | presence of the voter and the judges of
election, and in plain | ||||||
23 | view of the public. The judges having charge of
such registers | ||||||
24 | shall then, in a column prepared thereon, in the same
line of, | ||||||
25 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
26 | No judge of election shall accept from any voter less than |
| |||||||
| |||||||
1 | the full
number of ballots received by such voter without first | ||||||
2 | advising the
voter in the manner above provided of the | ||||||
3 | necessity of returning all of
the ballots, nor shall any such | ||||||
4 | judge advise such voter in a manner
contrary to that which is | ||||||
5 | herein permitted, or in any other manner
violate the provisions | ||||||
6 | of this Section; provided, that the acceptance by
a judge of | ||||||
7 | election of less than the full number of ballots delivered to
a | ||||||
8 | voter who refuses to return to the voting booth after being | ||||||
9 | properly
advised by such judge shall not be a violation of this | ||||||
10 | Section.
| ||||||
11 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
12 | 95-699, eff. 11-9-07.)
| ||||||
13 | (10 ILCS 5/19A-35)
| ||||||
14 | Sec. 19A-35. Procedure for voting.
| ||||||
15 | (a) Not more than 23 days before the start of the election, | ||||||
16 | the county clerk
shall make available to the election official | ||||||
17 | conducting early voting by
personal
appearance a sufficient | ||||||
18 | number of early ballots, envelopes, and printed voting
| ||||||
19 | instruction slips for the use of early voters. The election | ||||||
20 | official shall
receipt for all ballots received and shall | ||||||
21 | return unused or spoiled ballots at
the close of the early | ||||||
22 | voting period to the county clerk and must strictly
account for | ||||||
23 | all ballots received. The ballots delivered to the election
| ||||||
24 | official must include early ballots for each precinct in the | ||||||
25 | election
authority's jurisdiction and must include separate |
| |||||||
| |||||||
1 | ballots for each political
subdivision conducting an election | ||||||
2 | of officers or a referendum at that
election.
| ||||||
3 | (b) In conducting early voting under this Article, the | ||||||
4 | election judge or official is
required to verify the signature | ||||||
5 | of the early voter by comparison with the
signature on the
| ||||||
6 | official registration card, and the judge or official must | ||||||
7 | verify (i) the identity
of the applicant, (ii) that the | ||||||
8 | applicant is a registered voter, (iii) the
precinct in which | ||||||
9 | the applicant is registered, and (iv) the proper ballots of
the | ||||||
10 | political subdivision in which the applicant resides and is | ||||||
11 | entitled to
vote before providing an early ballot to the | ||||||
12 | applicant.
The applicant's identity must be verified by the | ||||||
13 | applicant's presentation of an Illinois driver's license, a | ||||||
14 | non-driver identification card issued by the Illinois | ||||||
15 | Secretary of State, a photo identification card issued by a | ||||||
16 | university or college, or another government-issued | ||||||
17 | identification document containing the applicant's photograph. | ||||||
18 | The election judge or official
must verify the applicant's | ||||||
19 | registration from the most recent poll list
provided by the
| ||||||
20 | election authority, and if the applicant is not listed on that | ||||||
21 | poll list, by
telephoning the office of the election authority.
| ||||||
22 | (b-5) A person requesting an early voting ballot to whom an | ||||||
23 | absentee ballot was issued may vote early if the person submits | ||||||
24 | that absentee ballot to the judges of election or official | ||||||
25 | conducting early voting for cancellation. If the voter is | ||||||
26 | unable to submit the absentee ballot, it shall be sufficient |
| |||||||
| |||||||
1 | for the voter to submit to the judges or official (i) a portion | ||||||
2 | of the absentee ballot if the absentee ballot was torn or | ||||||
3 | mutilated or (ii) an affidavit executed before the judges or | ||||||
4 | official specifying that (A) the voter never received an | ||||||
5 | absentee ballot or (B) the voter completed and returned an | ||||||
6 | absentee ballot and was informed that the election authority | ||||||
7 | did not receive that absentee ballot. | ||||||
8 | (b-10) Within one day after a voter casts an early voting | ||||||
9 | ballot, the election authority shall transmit the voter's name, | ||||||
10 | street address, and precinct, ward, township, and district | ||||||
11 | numbers, as the case may be, to the State Board of Elections, | ||||||
12 | which shall maintain those names and that information in an | ||||||
13 | electronic format on its website, arranged by county and | ||||||
14 | accessible to State and local political committees. | ||||||
15 | (b-15) Immediately after voting an early ballot, the voter | ||||||
16 | shall be instructed whether the voting equipment accepted or | ||||||
17 | rejected the ballot or identified that ballot as under-voted | ||||||
18 | for a statewide constitutional office. A voter whose ballot is | ||||||
19 | identified as under-voted may return to the voting booth and | ||||||
20 | complete the voting of that ballot. A voter whose early voting | ||||||
21 | ballot is not accepted by the voting equipment may, upon | ||||||
22 | surrendering the ballot, request and vote another early voting | ||||||
23 | ballot. The voter's surrendered ballot
shall be initialed by | ||||||
24 | the election judge or official conducting the early voting and | ||||||
25 | handled as provided in the appropriate
Article governing the | ||||||
26 | voting equipment used.
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1 | (c) The sealed early ballots in their carrier envelope | ||||||
2 | shall be delivered by
the election authority to the central | ||||||
3 | ballot counting location before the close of the
polls on the | ||||||
4 | day of the election.
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5 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
6 | 95-699, eff. 11-9-07.) |