99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2756

 

Introduced , by Rep. Thomas Bennett

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-13 new
10 ILCS 5/3-7 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
10 ILCS 5/19A-35

    Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2756LRB099 06856 MGM 26934 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 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
6Sections 1-13 and 3-7 as follows:
 
7    (10 ILCS 5/1-13 new)
8    Sec. 1-13. Voter Identification Card.
9    (a) Issuance. The Secretary of State shall issue a Voter
10Identification Card to each registered voter who does not have
11an acceptable form of photo identification card as defined in
12Section 3-6. The Voter Identification Card shall include at
13least: (i) the voter's name, signature, and photograph; (ii)
14the State seal; and (iii) the voter's current residence
15address. A Voter Identification Card is valid for as long as
16the registered voter maintains the name and residence on the
17Card. A Voter Identification Card may not be used for any
18purpose other than to vote in Illinois.
19    (b) Intent and purpose. It is the intent of the General
20Assembly to provide the Secretary of State with guidance on how
21to issue the Voter Identification Card to those individuals who
22do not have an acceptable form of photo identification as
23defined in Section 3-6.

 

 

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1    (c) Application for the Voter Identification Card. Within a
2reasonable time after the effective date of this amendatory Act
3of the 99th General Assembly, the Secretary of State shall
4provide application forms for the Voter Identification Card.
5Any registered voter who meets the criteria set forth in this
6Section and who provides the proper documentation required
7under subsection (d) shall receive a Voter Identification Card.
8    (d) Documentation required. The Secretary of State shall
9require the presentation and verification of the following
10information for issuance of a Voter Registration Card:
11        (1) A photo identity document, except that a non-photo
12    identity document, as defined in subsection (e), is
13    acceptable if it includes both the applicant's name and
14    date of birth.
15        (2) Documentation showing the applicant's date of
16    birth.
17        (3) Evidence of voter registration.
18        (4) Documentation, as defined in subsection (f),
19    showing the applicant's name and principal residence
20    address.
21    (e) Non-photo identity document. A non-photo identity
22document must include the applicant's name and date of birth.
23Any of the following shall constitute a non-photo identity
24document in lieu of a photo identity document:
25        (1) An original birth certificate or certified copy of
26    a birth certificate.

 

 

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1        (2) A voter registration card.
2        (3) A copy of records filed in court by the applicant
3    or on behalf of the applicant by the applicant's counsel.
4        (4) A naturalization document.
5        (5) A copy of the applicant's marriage license.
6        (6) A copy of the State or federal tax return filed by
7    the applicant for the previous calendar year.
8        (7) An original of the annual Social Security statement
9    received by the applicant for the current or preceding
10    calendar year.
11        (8) An original of a Medicare or Medicaid statement
12    received by the applicant.
13        (9) A certified school record or transcript for the
14    current or preceding calendar year.
15    (f) Documentation of name and address. Any of the following
16documents shall be acceptable as documentation of the
17applicant's name and current address:
18        (1) A voter registration card.
19        (2) A utility bill or cable bill.
20        (3) A bank statement issued within the last 60 days.
21        (4) A valid and current rental agreement.
22        (5) A copy of the State or federal tax return filed by
23    the applicant for the previous calendar year.
24        (6) A homeowner's insurance policy or bill for the
25    current or preceding year.
26        (7) A mortgage, deed, or property tax bill for the

 

 

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1    current or preceding year.
2        (8) A W-2 for the preceding calendar year.
3    (g) Exemptions. Voters who are indigent and unable to
4obtain a Voter Identification Card without a fee and voters who
5have a religious objection to being photographed may vote a
6provisional ballot and sign an affidavit that indicates one of
7the exemptions stated in this subsection. An indigent person is
8defined as an individual whose income is 125% or less of
9current federal poverty income guidelines.
 
10    (10 ILCS 5/3-7 new)
11    Sec. 3-7. Acceptable forms of photo identification for
12voting purposes. As used in this Code, acceptable forms of
13photo identification for voting purposes include:
14        (1) An Illinois Driver's License.
15        (2) A State Identification Card.
16        (3) An Illinois Disabled Person Identification Card.
17        (4) A Senior Citizen Identification Card.
18        (5) A FOID Card.
19        (6) A U.S. Passport with the voter's current address.
20        (7) Any other government-issued identification card
21    that includes the voter's name, current photograph, and
22    current address.
23    All photo identification cards must be valid and current.
 
24    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)

 

 

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1    (Text of Section before amendment by P.A. 98-1171)
2    Sec. 17-9. Any person desiring to vote shall (i) present to
3the judges of election for verification of the person's
4identity a government-issued photo identification card, as
5defined in Section 3-6, or his or her Voter Identification Card
6and (ii) give his name and, if required to do so, his residence
7to the judges of election, one of whom shall thereupon announce
8the same in a loud and distinct tone of voice, clear, and
9audible; the judges of elections shall check each application
10for ballot against the list of voters registered in that
11precinct to whom grace period, absentee, or early ballots have
12been issued for that election, which shall be provided by the
13election authority and which list shall be available for
14inspection by pollwatchers. A voter applying to vote in the
15precinct on election day whose name appears on the list as
16having been issued a grace period, absentee, or early ballot
17shall not be permitted to vote in the precinct, except that a
18voter to whom an absentee ballot was issued may vote in the
19precinct if the voter submits to the election judges that
20absentee ballot for cancellation. If the voter is unable to
21submit the absentee ballot, it shall be sufficient for the
22voter to submit to the election judges (i) a portion of the
23absentee ballot if the absentee ballot was torn or mutilated or
24(ii) an affidavit executed before the election judges
25specifying that (A) the voter never received an absentee ballot
26or (B) the voter completed and returned an absentee ballot and

 

 

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1was informed that the election authority did not receive that
2absentee ballot. All applicable provisions of Articles 4, 5 or
36 shall be complied with and if such name is found on the
4register of voters by the officer having charge thereof, he
5shall likewise repeat said name, and the voter shall be allowed
6to enter within the proximity of the voting booths, as above
7provided. One of the judges shall give the voter one, and only
8one of each ballot to be voted at the election, on the back of
9which ballots such judge shall indorse his initials in such
10manner that they may be seen when each such ballot is properly
11folded, and the voter's name shall be immediately checked on
12the register list. In those election jurisdictions where
13perforated ballot cards are utilized of the type on which
14write-in votes can be cast above the perforation, the election
15authority shall provide a space both above and below the
16perforation for the judge's initials, and the judge shall
17endorse his or her initials in both spaces. Whenever a proposal
18for a constitutional amendment or for the calling of a
19constitutional convention is to be voted upon at the election,
20the separate blue ballot or ballots pertaining thereto shall,
21when being handed to the voter, be placed on top of the other
22ballots to be voted at the election in such manner that the
23legend appearing on the back thereof, as prescribed in Section
2416-6 of this Act, shall be plainly visible to the voter. At all
25elections, when a registry may be required, if the name of any
26person so desiring to vote at such election is not found on the

 

 

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1register of voters, he or she shall not receive a ballot until
2he or she shall have complied with the law prescribing the
3manner and conditions of voting by unregistered voters. If any
4person desiring to vote at any election shall be challenged, he
5or she shall not receive a ballot until he or she shall have
6established his right to vote in the manner provided
7hereinafter; and if he or she shall be challenged after he has
8received his ballot, he shall not be permitted to vote until he
9or she has fully complied with such requirements of the law
10upon being challenged. Besides the election officer, not more
11than 2 voters in excess of the whole number of voting booths
12provided shall be allowed within the proximity of the voting
13booths at one time. The provisions of this Act, so far as they
14require the registration of voters as a condition to their
15being allowed to vote shall not apply to persons otherwise
16entitled to vote, who are, at the time of the election, or at
17any time within 60 days prior to such election have been
18engaged in the military or naval service of the United States,
19and who appear personally at the polling place on election day
20and produce to the judges of election satisfactory evidence
21thereof, but such persons, if otherwise qualified to vote,
22shall be permitted to vote at such election without previous
23registration.
24    All such persons shall also make an affidavit which shall
25be in substantially the following form:
26State of Illinois,)

 

 

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1                  ) ss.
2County of ........)
3............... Precinct   .......... Ward
4    I, ...., do solemnly swear (or affirm) that I am a citizen
5of the United States, of the age of 18 years or over, and that
6within the past 60 days prior to the date of this election at
7which I am applying to vote, I have been engaged in the ....
8(military or naval) service of the United States; and I am
9qualified to vote under and by virtue of the Constitution and
10laws of the State of Illinois, and that I am a legally
11qualified voter of this precinct and ward except that I have,
12because of such service, been unable to register as a voter;
13that I now reside at .... (insert street and number, if any) in
14this precinct and ward; that I have maintained a legal
15residence in this precinct and ward for 30 days and in this
16State 30 days next preceding this election.
17
.........................
18    Subscribed and sworn to before me on (insert date).
19
.........................
20
Judge of Election.

 
21    The affidavit of any such person shall be supported by the
22affidavit of a resident and qualified voter of any such
23precinct and ward, which affidavit shall be in substantially
24the following form:
25State of Illinois,)

 

 

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1                  ) ss.
2County of ........)
3........... Precinct   ........... Ward
4    I, ...., do solemnly swear (or affirm), that I am a
5resident of this precinct and ward and entitled to vote at this
6election; that I am acquainted with .... (name of the
7applicant); that I verily believe him to be an actual bona fide
8resident of this precinct and ward and that I verily believe
9that he or she has maintained a legal residence therein 30 days
10and in this State 30 days next preceding this election.
11
.........................
12    Subscribed and sworn to before me on (insert date).
13
.........................
14
Judge of Election.

 
15    All affidavits made under the provisions of this Section
16shall be enclosed in a separate envelope securely sealed, and
17shall be transmitted with the returns of the elections to the
18county clerk or to the board of election commissioners, who
19shall preserve the said affidavits for the period of 6 months,
20during which period such affidavits shall be deemed public
21records and shall be freely open to examination as such.
22(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
23    (Text of Section after amendment by P.A. 98-1171)
24    Sec. 17-9. Any person desiring to vote shall (i) present to

 

 

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1the judges of election for verification of the person's
2identity a government-issued photo identification card, as
3defined in Section 3-6, or his or her Voter Identification Card
4and (ii) give his name and, if required to do so, his residence
5to the judges of election, one of whom shall thereupon announce
6the same in a loud and distinct tone of voice, clear, and
7audible; the judges of elections shall check each application
8for ballot against the list of voters registered in that
9precinct to whom grace period, vote by mail, or early ballots
10have been issued for that election, which shall be provided by
11the election authority and which list shall be available for
12inspection by pollwatchers. A voter applying to vote in the
13precinct on election day whose name appears on the list as
14having been issued a grace period, vote by mail, or early
15ballot shall not be permitted to vote in the precinct, except
16that a voter to whom a vote by mail ballot was issued may vote
17in the precinct if the voter submits to the election judges
18that vote by mail ballot for cancellation. If the voter is
19unable to submit the vote by mail ballot, it shall be
20sufficient for the voter to submit to the election judges (i) a
21portion of the vote by mail ballot if the vote by mail ballot
22was torn or mutilated or (ii) an affidavit executed before the
23election judges specifying that (A) the voter never received a
24vote by mail ballot or (B) the voter completed and returned a
25vote by mail ballot and was informed that the election
26authority did not receive that vote by mail ballot. All

 

 

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1applicable provisions of Articles 4, 5 or 6 shall be complied
2with and if such name is found on the register of voters by the
3officer having charge thereof, he shall likewise repeat said
4name, and the voter shall be allowed to enter within the
5proximity of the voting booths, as above provided. One of the
6judges shall give the voter one, and only one of each ballot to
7be voted at the election, on the back of which ballots such
8judge shall indorse his initials in such manner that they may
9be seen when each such ballot is properly folded, and the
10voter's name shall be immediately checked on the register list.
11In those election jurisdictions where perforated ballot cards
12are utilized of the type on which write-in votes can be cast
13above the perforation, the election authority shall provide a
14space both above and below the perforation for the judge's
15initials, and the judge shall endorse his or her initials in
16both spaces. Whenever a proposal for a constitutional amendment
17or for the calling of a constitutional convention is to be
18voted upon at the election, the separate blue ballot or ballots
19pertaining thereto shall, when being handed to the voter, be
20placed on top of the other ballots to be voted at the election
21in such manner that the legend appearing on the back thereof,
22as prescribed in Section 16-6 of this Act, shall be plainly
23visible to the voter. At all elections, when a registry may be
24required, if the name of any person so desiring to vote at such
25election is not found on the register of voters, he or she
26shall not receive a ballot until he or she shall have complied

 

 

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1with the law prescribing the manner and conditions of voting by
2unregistered voters. If any person desiring to vote at any
3election shall be challenged, he or she shall not receive a
4ballot until he or she shall have established his right to vote
5in the manner provided hereinafter; and if he or she shall be
6challenged after he has received his ballot, he shall not be
7permitted to vote until he or she has fully complied with such
8requirements of the law upon being challenged. Besides the
9election officer, not more than 2 voters in excess of the whole
10number of voting booths provided shall be allowed within the
11proximity of the voting booths at one time. The provisions of
12this Act, so far as they require the registration of voters as
13a condition to their being allowed to vote shall not apply to
14persons otherwise entitled to vote, who are, at the time of the
15election, or at any time within 60 days prior to such election
16have been engaged in the military or naval service of the
17United States, and who appear personally at the polling place
18on election day and produce to the judges of election
19satisfactory evidence thereof, but such persons, if otherwise
20qualified to vote, shall be permitted to vote at such election
21without previous registration.
22    All such persons shall also make an affidavit which shall
23be in substantially the following form:
24State of Illinois,)
25                  ) ss.
26County of ........)

 

 

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1............... Precinct   .......... Ward
2    I, ...., do solemnly swear (or affirm) that I am a citizen
3of the United States, of the age of 18 years or over, and that
4within the past 60 days prior to the date of this election at
5which I am applying to vote, I have been engaged in the ....
6(military or naval) service of the United States; and I am
7qualified to vote under and by virtue of the Constitution and
8laws of the State of Illinois, and that I am a legally
9qualified voter of this precinct and ward except that I have,
10because of such service, been unable to register as a voter;
11that I now reside at .... (insert street and number, if any) in
12this precinct and ward; that I have maintained a legal
13residence in this precinct and ward for 30 days and in this
14State 30 days next preceding this election.
15
.........................
16    Subscribed and sworn to before me on (insert date).
17
.........................
18
Judge of Election.

 
19    The affidavit of any such person shall be supported by the
20affidavit of a resident and qualified voter of any such
21precinct and ward, which affidavit shall be in substantially
22the following form:
23State of Illinois,)
24                  ) ss.
25County of ........)

 

 

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1........... Precinct   ........... Ward
2    I, ...., do solemnly swear (or affirm), that I am a
3resident of this precinct and ward and entitled to vote at this
4election; that I am acquainted with .... (name of the
5applicant); that I verily believe him to be an actual bona fide
6resident of this precinct and ward and that I verily believe
7that he or she has maintained a legal residence therein 30 days
8and in this State 30 days next preceding this election.
9
.........................
10    Subscribed and sworn to before me on (insert date).
11
.........................
12
Judge of Election.

 
13    All affidavits made under the provisions of this Section
14shall be enclosed in a separate envelope securely sealed, and
15shall be transmitted with the returns of the elections to the
16county clerk or to the board of election commissioners, who
17shall preserve the said affidavits for the period of 6 months,
18during which period such affidavits shall be deemed public
19records and shall be freely open to examination as such.
20(Source: P.A. 98-1171, eff. 6-1-15.)
 
21    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
22    (Text of Section before amendment by P.A. 98-1171)
23    Sec. 18-5. Any person desiring to vote and whose name is
24found upon the register of voters by the person having charge

 

 

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1thereof, shall (i) present to the judges of election for
2verification of the person's identity a government-issued
3photo identification card, as defined in Section 3-6, or his or
4her Voter Identification Card, (ii) shall then be questioned by
5one of the judges as to his nativity, his term of residence at
6present address, precinct, State and United States, his age,
7whether naturalized and if so the date of naturalization papers
8and court from which secured, and (iii) he shall be asked to
9state his residence when last previously registered and the
10date of the election for which he then registered. The judges
11of elections shall check each application for ballot against
12the list of voters registered in that precinct to whom grace
13period, absentee, and early ballots have been issued for that
14election, which shall be provided by the election authority and
15which list shall be available for inspection by pollwatchers. A
16voter applying to vote in the precinct on election day whose
17name appears on the list as having been issued a grace period,
18absentee, or early ballot shall not be permitted to vote in the
19precinct, except that a voter to whom an absentee ballot was
20issued may vote in the precinct if the voter submits to the
21election judges that absentee ballot for cancellation. If the
22voter is unable to submit the absentee ballot, it shall be
23sufficient for the voter to submit to the election judges (i) a
24portion of the absentee ballot if the absentee ballot was torn
25or mutilated or (ii) an affidavit executed before the election
26judges specifying that (A) the voter never received an absentee

 

 

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1ballot or (B) the voter completed and returned an absentee
2ballot and was informed that the election authority did not
3receive that absentee ballot. If such person so registered
4shall be challenged as disqualified, the party challenging
5shall assign his reasons therefor, and thereupon one of the
6judges shall administer to him an oath to answer questions, and
7if he shall take the oath he shall then be questioned by the
8judge or judges touching such cause of challenge, and touching
9any other cause of disqualification. And he may also be
10questioned by the person challenging him in regard to his
11qualifications and identity. But if a majority of the judges
12are of the opinion that he is the person so registered and a
13qualified voter, his vote shall then be received accordingly.
14But if his vote be rejected by such judges, such person may
15afterward produce and deliver an affidavit to such judges,
16subscribed and sworn to by him before one of the judges, in
17which it shall be stated how long he has resided in such
18precinct, and state; that he is a citizen of the United States,
19and is a duly qualified voter in such precinct, and that he is
20the identical person so registered. In addition to such an
21affidavit, the person so challenged shall provide to the judges
22of election proof of residence by producing 2 forms of
23identification showing the person's current residence address,
24provided that such identification may include a lease or
25contract for a residence and not more than one piece of mail
26addressed to the person at his current residence address and

 

 

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1postmarked not earlier than 30 days prior to the date of the
2election, or the person shall procure a witness personally
3known to the judges of election, and resident in the precinct
4(or district), or who shall be proved by some legal voter of
5such precinct or district, known to the judges to be such, who
6shall take the oath following, viz:
7    I do solemnly swear (or affirm) that I am a resident of
8this election precinct (or district), and entitled to vote at
9this election, and that I have been a resident of this State
10for 30 days last past, and am well acquainted with the person
11whose vote is now offered; that he is an actual and bona fide
12resident of this election precinct (or district), and has
13resided herein 30 days, and as I verily believe, in this State,
1430 days next preceding this election.
15    The oath in each case may be administered by one of the
16judges of election, or by any officer, resident in the precinct
17or district, authorized by law to administer oaths. Also
18supported by an affidavit by a registered voter residing in
19such precinct, stating his own residence, and that he knows
20such person; and that he does reside at the place mentioned and
21has resided in such precinct and state for the length of time
22as stated by such person, which shall be subscribed and sworn
23to in the same way. For purposes of this Section, the
24submission of a photo identification issued by a college or
25university, accompanied by either (i) a copy of the applicant's
26contract or lease for a residence or (ii) one piece of mail

 

 

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1addressed to the person at his or her current residence address
2and postmarked not earlier than 30 days prior to the date of
3the election, shall be sufficient to establish proof of
4residence. Whereupon the vote of such person shall be received,
5and entered as other votes. But such judges, having charge of
6such registers, shall state in their respective books the facts
7in such case, and the affidavits, so delivered to the judges,
8shall be preserved and returned to the office of the
9commissioners of election. Blank affidavits of the character
10aforesaid shall be sent out to the judges of all the precincts,
11and the judges of election shall furnish the same on demand and
12administer the oaths without criticism. Such oaths, if
13administered by any other officer than such judge of election,
14shall not be received. Whenever a proposal for a constitutional
15amendment or for the calling of a constitutional convention is
16to be voted upon at the election, the separate blue ballot or
17ballots pertaining thereto shall be placed on top of the other
18ballots to be voted at the election in such manner that the
19legend appearing on the back thereof, as prescribed in Section
2016-6 of this Act, shall be plainly visible to the voter, and in
21this fashion the ballots shall be handed to the voter by the
22judge.
23    Immediately after voting, the voter shall be instructed
24whether the voting equipment, if used, accepted or rejected the
25ballot or identified the ballot as under-voted. A voter whose
26ballot is identified as under-voted for a statewide

 

 

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1constitutional office may return to the voting booth and
2complete the voting of that ballot. A voter whose ballot is not
3accepted by the voting equipment may, upon surrendering the
4ballot, request and vote another ballot. The voter's
5surrendered ballot shall be initialed by the election judge and
6handled as provided in the appropriate Article governing that
7voting equipment.
8    The voter shall, upon quitting the voting booth, deliver to
9one of the judges of election all of the ballots, properly
10folded, which he received. The judge of election to whom the
11voter delivers his ballots shall not accept the same unless all
12of the ballots given to the voter are returned by him. If a
13voter delivers less than all of the ballots given to him, the
14judge to whom the same are offered shall advise him in a voice
15clearly audible to the other judges of election that the voter
16must return the remainder of the ballots. The statement of the
17judge to the voter shall clearly express the fact that the
18voter is not required to vote such remaining ballots but that
19whether or not he votes them he must fold and deliver them to
20the judge. In making such statement the judge of election shall
21not indicate by word, gesture or intonation of voice that the
22unreturned ballots shall be voted in any particular manner. No
23new voter shall be permitted to enter the voting booth of a
24voter who has failed to deliver the total number of ballots
25received by him until such voter has returned to the voting
26booth pursuant to the judge's request and again quit the booth

 

 

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1with all of the ballots required to be returned by him. Upon
2receipt of all such ballots the judges of election shall enter
3the name of the voter, and his number, as above provided in
4this Section, and the judge to whom the ballots are delivered
5shall immediately put the ballots into the ballot box. If any
6voter who has failed to deliver all the ballots received by him
7refuses to return to the voting booth after being advised by
8the judge of election as herein provided, the judge shall
9inform the other judges of such refusal, and thereupon the
10ballot or ballots returned to the judge shall be deposited in
11the ballot box, the voter shall be permitted to depart from the
12polling place, and a new voter shall be permitted to enter the
13voting booth.
14    The judge of election who receives the ballot or ballots
15from the voter shall announce the residence and name of such
16voter in a loud voice. The judge shall put the ballot or
17ballots received from the voter into the ballot box in the
18presence of the voter and the judges of election, and in plain
19view of the public. The judges having charge of such registers
20shall then, in a column prepared thereon, in the same line of,
21the name of the voter, mark "Voted" or the letter "V".
22    No judge of election shall accept from any voter less than
23the full number of ballots received by such voter without first
24advising the voter in the manner above provided of the
25necessity of returning all of the ballots, nor shall any such
26judge advise such voter in a manner contrary to that which is

 

 

HB2756- 21 -LRB099 06856 MGM 26934 b

1herein permitted, or in any other manner violate the provisions
2of this Section; provided, that the acceptance by a judge of
3election of less than the full number of ballots delivered to a
4voter who refuses to return to the voting booth after being
5properly advised by such judge shall not be a violation of this
6Section.
7(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
8    (Text of Section after amendment by P.A. 98-1171)
9    Sec. 18-5. Any person desiring to vote and whose name is
10found upon the register of voters by the person having charge
11thereof, shall (i) present to the judges of election for
12verification of the person's identity a government-issued
13photo identification card, as defined in Section 3-6, or his or
14her Voter Identification Card, (ii) shall then be questioned by
15one of the judges as to his nativity, his term of residence at
16present address, precinct, State and United States, his age,
17whether naturalized and if so the date of naturalization papers
18and court from which secured, and (iii) he shall be asked to
19state his residence when last previously registered and the
20date of the election for which he then registered. The judges
21of elections shall check each application for ballot against
22the list of voters registered in that precinct to whom grace
23period, vote by mail, and early ballots have been issued for
24that election, which shall be provided by the election
25authority and which list shall be available for inspection by

 

 

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

 

 

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1deliver an affidavit to such judges, subscribed and sworn to by
2him before one of the judges, in which it shall be stated how
3long he has resided in such precinct, and state; that he is a
4citizen of the United States, and is a duly qualified voter in
5such precinct, and that he is the identical person so
6registered. In addition to such an affidavit, the person so
7challenged shall provide to the judges of election proof of
8residence by producing 2 forms of identification showing the
9person's current residence address, provided that such
10identification may include a lease or contract for a residence
11and not more than one piece of mail addressed to the person at
12his current residence address and postmarked not earlier than
1330 days prior to the date of the election, or the person shall
14procure a witness personally known to the judges of election,
15and resident in the precinct (or district), or who shall be
16proved by some legal voter of such precinct or district, known
17to the judges to be such, who shall take the oath following,
18viz:
19    I do solemnly swear (or affirm) that I am a resident of
20this election precinct (or district), and entitled to vote at
21this election, and that I have been a resident of this State
22for 30 days last past, and am well acquainted with the person
23whose vote is now offered; that he is an actual and bona fide
24resident of this election precinct (or district), and has
25resided herein 30 days, and as I verily believe, in this State,
2630 days next preceding this election.

 

 

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

 

 

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1amendment or for the calling of a constitutional convention is
2to be voted upon at the election, the separate blue ballot or
3ballots pertaining thereto shall be placed on top of the other
4ballots to be voted at the election in such manner that the
5legend appearing on the back thereof, as prescribed in Section
616-6 of this Act, shall be plainly visible to the voter, and in
7this fashion the ballots shall be handed to the voter by the
8judge.
9    Immediately after voting, the voter shall be instructed
10whether the voting equipment, if used, accepted or rejected the
11ballot or identified the ballot as under-voted. A voter whose
12ballot is identified as under-voted for a statewide
13constitutional office may return to the voting booth and
14complete the voting of that ballot. A voter whose ballot is not
15accepted by the voting equipment may, upon surrendering the
16ballot, request and vote another ballot. The voter's
17surrendered ballot shall be initialed by the election judge and
18handled as provided in the appropriate Article governing that
19voting equipment.
20    The voter shall, upon quitting the voting booth, deliver to
21one of the judges of election all of the ballots, properly
22folded, which he received. The judge of election to whom the
23voter delivers his ballots shall not accept the same unless all
24of the ballots given to the voter are returned by him. If a
25voter delivers less than all of the ballots given to him, the
26judge to whom the same are offered shall advise him in a voice

 

 

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

 

 

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1from the voter shall announce the residence and name of such
2voter in a loud voice. The judge shall put the ballot or
3ballots received from the voter into the ballot box in the
4presence of the voter and the judges of election, and in plain
5view of the public. The judges having charge of such registers
6shall then, in a column prepared thereon, in the same line of,
7the name of the voter, mark "Voted" or the letter "V".
8    No judge of election shall accept from any voter less than
9the full number of ballots received by such voter without first
10advising the voter in the manner above provided of the
11necessity of returning all of the ballots, nor shall any such
12judge advise such voter in a manner contrary to that which is
13herein permitted, or in any other manner violate the provisions
14of this Section; provided, that the acceptance by a judge of
15election of less than the full number of ballots delivered to a
16voter who refuses to return to the voting booth after being
17properly advised by such judge shall not be a violation of this
18Section.
19(Source: P.A. 98-1171, eff. 6-1-15.)
 
20    (10 ILCS 5/18A-5)
21    (Text of Section before amendment by P.A. 98-1171)
22    Sec. 18A-5. Provisional voting; general provisions.
23    (a) A person who claims to be a registered voter is
24entitled to cast a provisional ballot under the following
25circumstances:

 

 

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

 

 

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1    period on the day before election day or on election day
2    during the 2014 general election.
3    (b) The procedure for obtaining and casting a provisional
4ballot at the polling place shall be as follows:
5        (1) After first verifying through an examination of the
6    precinct register that the person's address is within the
7    precinct boundaries, an election judge at the polling place
8    shall notify a person who is entitled to cast a provisional
9    ballot pursuant to subsection (a) that he or she may cast a
10    provisional ballot in that election. An election judge must
11    accept any information provided by a person who casts a
12    provisional ballot that the person believes supports his or
13    her claim that he or she is a duly registered voter and
14    qualified to vote in the election. However, if the person's
15    residence address is outside the precinct boundaries, the
16    election judge shall inform the person of that fact, give
17    the person the appropriate telephone number of the election
18    authority in order to locate the polling place assigned to
19    serve that address, and instruct the person to go to the
20    proper polling place to vote.
21        (2) The person shall execute a written form provided by
22    the election judge that shall state or contain all of the
23    following that is available:
24             (i) an affidavit stating the following:
25                State of Illinois, County of ................,
26            Township ............., Precinct ........, Ward

 

 

HB2756- 30 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 31 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 32 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 33 -LRB099 06856 MGM 26934 b

1that is imprinted upon or attached to the provisional ballot
2envelope described in subsection (b). If a county clerk or
3board of election commissioners elects to design and use its
4own multi-part affidavit form, then the county clerk or board
5of election commissioners shall establish a mechanism for
6accepting any information the provisional voter has supplied to
7the election judge to support his or her claim that he or she
8is a duly registered voter. In all other respects, a county
9clerk or board of election commissioners shall establish
10procedures consistent with subsection (b).
11    (d) The county clerk or board of election commissioners, as
12the case may be, shall use the completed affidavit form
13described in subsection (b) to update the person's voter
14registration information in the State voter registration
15database and voter registration database of the county clerk or
16board of election commissioners, as the case may be. If a
17person is later determined not to be a registered voter based
18on Section 18A-15 of this Code, then the affidavit shall be
19processed by the county clerk or board of election
20commissioners, as the case may be, as a voter registration
21application.
22(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
 
23    (Text of Section after amendment by P.A. 98-1171)
24    Sec. 18A-5. Provisional voting; general provisions.
25    (a) A person who claims to be a registered voter is

 

 

HB2756- 34 -LRB099 06856 MGM 26934 b

1entitled to cast a provisional ballot under the following
2circumstances:
3        (1) The person's name does not appear on the official
4    list of eligible voters for the precinct in which the
5    person seeks to vote and the person has refused an
6    opportunity to register at the polling location or another
7    grace period registration site. The official list is the
8    centralized statewide voter registration list established
9    and maintained in accordance with Section 1A-25;
10        (2) The person's voting status has been challenged by
11    an election judge, a pollwatcher, or any legal voter and
12    that challenge has been sustained by a majority of the
13    election judges;
14        (3) A federal or State court order extends the time for
15    closing the polls beyond the time period established by
16    State law and the person votes during the extended time
17    period;
18        (4) The voter registered to vote by mail and is
19    required by law to present identification when voting
20    either in person, in the case of a voter who registered by
21    mail, when voting or by early voting ballot, but fails to
22    provide an acceptable form of photo identification as
23    described in Section 3-6, or a Voter Identification Card
24    issued under Section 1-12 do so;
25        (5) The voter's name appears on the list of voters who
26    voted during the early voting period, but the voter claims

 

 

HB2756- 35 -LRB099 06856 MGM 26934 b

1    not to have voted during the early voting period; or
2        (6) The voter received a vote by mail ballot but did
3    not return the vote by mail ballot to the election
4    authority; or
5        (7) The voter attempted to register to vote on election
6    day, but failed to provide the necessary documentation.
7    (b) The procedure for obtaining and casting a provisional
8ballot at the polling place shall be as follows:
9        (1) After first verifying through an examination of the
10    precinct register that the person's address is within the
11    precinct boundaries, an election judge at the polling place
12    shall notify a person who is entitled to cast a provisional
13    ballot pursuant to subsection (a) that he or she may cast a
14    provisional ballot in that election. An election judge must
15    accept any information provided by a person who casts a
16    provisional ballot that the person believes supports his or
17    her claim that he or she is a duly registered voter and
18    qualified to vote in the election. However, if the person's
19    residence address is outside the precinct boundaries, the
20    election judge shall inform the person of that fact, give
21    the person the appropriate telephone number of the election
22    authority in order to locate the polling place assigned to
23    serve that address, and instruct the person to go to the
24    proper polling place to vote.
25        (2) The person shall execute a written form provided by
26    the election judge that shall state or contain all of the

 

 

HB2756- 36 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 37 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 38 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 39 -LRB099 06856 MGM 26934 b

1    the seal.
2    (c) Instead of the affidavit form described in subsection
3(b), the county clerk or board of election commissioners, as
4the case may be, may design and use a multi-part affidavit form
5that is imprinted upon or attached to the provisional ballot
6envelope described in subsection (b). If a county clerk or
7board of election commissioners elects to design and use its
8own multi-part affidavit form, then the county clerk or board
9of election commissioners shall establish a mechanism for
10accepting any information the provisional voter has supplied to
11the election judge to support his or her claim that he or she
12is a duly registered voter. In all other respects, a county
13clerk or board of election commissioners shall establish
14procedures consistent with subsection (b).
15    (d) The county clerk or board of election commissioners, as
16the case may be, shall use the completed affidavit form
17described in subsection (b) to update the person's voter
18registration information in the State voter registration
19database and voter registration database of the county clerk or
20board of election commissioners, as the case may be. If a
21person is later determined not to be a registered voter based
22on Section 18A-15 of this Code, then the affidavit shall be
23processed by the county clerk or board of election
24commissioners, as the case may be, as a voter registration
25application.
26(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;

 

 

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198-1171, eff. 6-1-15.)
 
2    (10 ILCS 5/18A-15)
3    (Text of Section before amendment by P.A. 98-1171)
4    Sec. 18A-15. Validating and counting provisional ballots.
5    (a) The county clerk or board of election commissioners
6shall complete the validation and counting of provisional
7ballots within 14 calendar days of the day of the election. The
8county clerk or board of election commissioners shall have 7
9calendar days from the completion of the validation and
10counting of provisional ballots to conduct its final canvass.
11The State Board of Elections shall complete within 31 calendar
12days of the election or sooner if all the returns are received,
13its final canvass of the vote for all public offices.
14    (b) If a county clerk or board of election commissioners
15determines that all of the following apply, then a provisional
16ballot is valid and shall be counted as a vote:
17        (1) the provisional voter cast the provisional ballot
18    in the correct precinct based on the address provided by
19    the provisional voter unless the provisional voter cast a
20    ballot pursuant to paragraph (7) of subsection (a) of
21    Section 18A-5, in which case the provisional ballot must
22    have been cast in the correct election jurisdiction based
23    on the address provided. 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

 

 

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1    it bears an address different from that in the records of
2    the election authority. Votes for federal and statewide
3    offices on a provisional ballot cast in the incorrect
4    precinct that meet the other requirements of this
5    subsection shall be valid and counted in accordance with
6    rules adopted by the State Board of Elections. As used in
7    this item, "federal office" is defined as provided in
8    Section 20-1 and "statewide office" means the Governor,
9    Attorney General, Secretary of State, Comptroller, and
10    Treasurer. Votes for General Assembly, countywide,
11    citywide, or township office on a provisional ballot cast
12    in the incorrect precinct but in the correct legislative
13    district, representative district, county, municipality,
14    or township, as the case may be, shall be valid and counted
15    in accordance with rules adopted by the State Board of
16    Elections. As used in this item, "citywide office" means an
17    office elected by the electors of an entire municipality.
18    As used in this item, "township office" means an office
19    elected by the electors of an entire township;
20        (2) the affidavit executed by the provisional voter
21    pursuant to subsection (b)(2) of Section 18A-5 contains, at
22    a minimum, the provisional voter's first and last name,
23    house number and street name, and signature or mark;
24        (3) the provisional voter is a registered voter based
25    on information available to the county clerk or board of
26    election commissioners provided by or obtained from any of

 

 

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1    the following:
2            i. the provisional voter;
3            ii. an election judge;
4            iii. the statewide voter registration database
5        maintained by the State Board of Elections;
6            iv. the records of the county clerk or board of
7        election commissioners' database; or
8            v. the records of the Secretary of State; and
9        (4) for a provisional ballot cast under item (6) of
10    subsection (a) of Section 18A-5, the voter did not vote by
11    absentee ballot in the election at which the provisional
12    ballot was cast.
13    (c) With respect to subsection (b)(3) of this Section, the
14county clerk or board of election commissioners shall
15investigate and record whether or not the specified information
16is available from each of the 5 identified sources. If the
17information is available from one or more of the identified
18sources, then the county clerk or board of election
19commissioners shall seek to obtain the information from each of
20those sources until satisfied, with information from at least
21one of those sources, that the provisional voter is registered
22and entitled to vote. The county clerk or board of election
23commissioners shall use any information it obtains as the basis
24for determining the voter registration status of the
25provisional voter. If a conflict exists among the information
26available to the county clerk or board of election

 

 

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1commissioners as to the registration status of the provisional
2voter, then the county clerk or board of election commissioners
3shall make a determination based on the totality of the
4circumstances. In a case where the above information equally
5supports or opposes the registration status of the voter, the
6county clerk or board of election commissioners shall decide in
7favor of the provisional voter as being duly registered to
8vote. If the statewide voter registration database maintained
9by the State Board of Elections indicates that the provisional
10voter is registered to vote, but the county clerk's or board of
11election commissioners' voter registration database indicates
12that the provisional voter is not registered to vote, then the
13information found in the statewide voter registration database
14shall control the matter and the provisional voter shall be
15deemed to be registered to vote. If the records of the county
16clerk or board of election commissioners indicates that the
17provisional voter is registered to vote, but the statewide
18voter registration database maintained by the State Board of
19Elections indicates that the provisional voter is not
20registered to vote, then the information found in the records
21of the county clerk or board of election commissioners shall
22control the matter and the provisional voter shall be deemed to
23be registered to vote. If the provisional voter's signature on
24his or her provisional ballot request varies from the signature
25on an otherwise valid registration application solely because
26of the substitution of initials for the first or middle name,

 

 

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1the election authority may not reject the provisional ballot.
2    (d) In validating the registration status of a person
3casting a provisional ballot, the county clerk or board of
4election commissioners shall not require a provisional voter to
5complete any form other than the affidavit executed by the
6provisional voter under subsection (b)(2) of Section 18A-5. In
7addition, the county clerk or board of election commissioners
8shall not require all provisional voters or any particular
9class or group of provisional voters to appear personally
10before the county clerk or board of election commissioners or
11as a matter of policy require provisional voters to submit
12additional information to verify or otherwise support the
13information already submitted by the provisional voter. Within
142 calendar days after the election, the election authority
15shall transmit by electronic means pursuant to a process
16established by the State Board of Elections the name, street
17address, e-mail address, and precinct, ward, township, and
18district numbers, as the case may be, of each person casting a
19provisional ballot to the State Board of Elections, which shall
20maintain those names and that information in an electronic
21format on its website, arranged by county and accessible to
22State and local political committees. The provisional voter
23may, within 7 calendar days after the election, submit
24additional information to the county clerk or board of election
25commissioners, except that in the case of provisional voting
26under paragraph (4) of subsection (a) of Section 18A-5, the

 

 

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

 

 

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

 

 

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1subsection (b) of Section 18A-5. Each election judge or
2election official shall take and subscribe an oath before the
3county clerk or board of election commissioners that the
4election judge or election official securely kept the ballots
5and papers in the box, did not permit any person to open the
6box or otherwise touch or tamper with the ballots and papers in
7the box, and has no knowledge of any other person opening the
8box. For purposes of this Section, the term "election official"
9means the county clerk, a member of the board of election
10commissioners, as the case may be, and their respective
11employees.
12(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1398-691, eff. 7-1-14.)
 
14    (Text of Section after amendment by P.A. 98-1171)
15    Sec. 18A-15. Validating and counting provisional ballots.
16    (a) The county clerk or board of election commissioners
17shall complete the validation and counting of provisional
18ballots within 14 calendar days of the day of the election. The
19county clerk or board of election commissioners shall have 7
20calendar days from the completion of the validation and
21counting of provisional ballots to conduct its final canvass.
22The State Board of Elections shall complete within 31 calendar
23days of the election or sooner if all the returns are received,
24its final canvass of the vote for all public offices.
25    (b) If a county clerk or board of election commissioners

 

 

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1determines that all of the following apply, then a provisional
2ballot is valid and shall be counted as a vote:
3        (1) the provisional voter cast the provisional ballot
4    in the correct precinct based on the address provided by
5    the provisional voter. The provisional voter's affidavit
6    shall serve as a change of address request by that voter
7    for registration purposes for the next ensuing election if
8    it bears an address different from that in the records of
9    the election authority. Votes for federal and statewide
10    offices on a provisional ballot cast in the incorrect
11    precinct that meet the other requirements of this
12    subsection shall be valid and counted in accordance with
13    this Article. As used in this item, "federal office" is
14    defined as provided in Section 20-1 and "statewide office"
15    means the Governor, Attorney General, Secretary of State,
16    Comptroller, and Treasurer. Votes for General Assembly,
17    countywide, citywide, or township office on a provisional
18    ballot cast in the incorrect precinct but in the correct
19    legislative district, representative district, county,
20    municipality, or township, as the case may be, shall be
21    valid and counted in accordance with this Article. As used
22    in this item, "citywide office" means an office elected by
23    the electors of an entire municipality. As used in this
24    item, "township office" means an office elected by the
25    electors of an entire township;
26        (2) the affidavit executed by the provisional voter

 

 

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1    pursuant to subsection (b)(2) of Section 18A-5 contains, at
2    a minimum, the provisional voter's first and last name,
3    house number and street name, and signature or mark;
4        (3) except as permitted by item (5) of subsection (b)
5    of this Section, the provisional voter is a registered
6    voter based on information available to the county clerk or
7    board of election commissioners provided by or obtained
8    from any of the following:
9            i. the provisional voter;
10            ii. an election judge;
11            iii. the statewide voter registration database
12        maintained by the State Board of Elections;
13            iv. the records of the county clerk or board of
14        election commissioners' database; or
15            v. the records of the Secretary of State; and
16        (4) for a provisional ballot cast under item (6) of
17    subsection (a) of Section 18A-5, the voter did not vote by
18    vote by mail ballot in the election at which the
19    provisional ballot was cast; or
20        (5) for a provisional ballot cast under item (7) of
21    subsection (a) of Section 18A-5, the voter provides the
22    election authority with the necessary documentation within
23    7 days of election day.
24    (c) With respect to subsection (b)(3) of this Section, the
25county clerk or board of election commissioners shall
26investigate and record whether or not the specified information

 

 

HB2756- 50 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 51 -LRB099 06856 MGM 26934 b

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

 

 

HB2756- 52 -LRB099 06856 MGM 26934 b

1established by the State Board of Elections the name, street
2address, e-mail address, and precinct, ward, township, and
3district numbers, as the case may be, of each person casting a
4provisional ballot to the State Board of Elections, which shall
5maintain those names and that information in an electronic
6format on its website, arranged by county and accessible to
7State and local political committees. The provisional voter
8may, within 7 calendar days after the election, submit
9additional information to the county clerk or board of election
10commissioners, except that in the case of provisional voting
11under paragraph (4) of subsection (a) of Section 18A-5, the
12provisional voter has 10 days to provide the county clerk or
13board of election commissioners with the required photo
14identification card. This information must be received by the
15county clerk or board of election commissioners within the
16applicable 7-calendar-day or 10-calendar-day period.
17    (e) If the county clerk or board of election commissioners
18determines that subsection (b)(1), (b)(2), or (b)(3) does not
19apply, then the provisional ballot is not valid and may not be
20counted. The provisional ballot envelope containing the ballot
21cast by the provisional voter may not be opened. The county
22clerk or board of election commissioners shall write on the
23provisional ballot envelope the following: "Provisional ballot
24determined invalid.".
25    (f) If the county clerk or board of election commissioners
26determines that a provisional ballot is valid under this

 

 

HB2756- 53 -LRB099 06856 MGM 26934 b

1Section, then the provisional ballot envelope shall be opened.
2The outside of each provisional ballot envelope shall also be
3marked to identify the precinct and the date of the election.
4    (g) Provisional ballots determined to be valid shall be
5counted at the election authority's central ballot counting
6location and shall not be counted in precincts. The provisional
7ballots determined to be valid shall be added to the vote
8totals for the precincts from which they were cast in the order
9in which the ballots were opened. The validation and counting
10of provisional ballots shall be subject to the provisions of
11this Code that apply to pollwatchers. If the provisional
12ballots are a ballot of a punch card voting system, then the
13provisional ballot shall be counted in a manner consistent with
14Article 24A. If the provisional ballots are a ballot of optical
15scan or other type of approved electronic voting system, then
16the provisional ballots shall be counted in a manner consistent
17with Article 24B.
18    (h) As soon as the ballots have been counted, the election
19judges or election officials shall, in the presence of the
20county clerk or board of election commissioners, place each of
21the following items in a separate envelope or bag: (1) all
22provisional ballots, voted or spoiled; (2) all provisional
23ballot envelopes of provisional ballots voted or spoiled; and
24(3) all executed affidavits of the provisional ballots voted or
25spoiled. All provisional ballot envelopes for provisional
26voters who have been determined not to be registered to vote

 

 

HB2756- 54 -LRB099 06856 MGM 26934 b

1shall remain sealed. The county clerk or board of election
2commissioners shall treat the provisional ballot envelope
3containing the written affidavit as a voter registration
4application for that person for the next election and process
5that application. The election judges or election officials
6shall then securely seal each envelope or bag, initial the
7envelope or bag, and plainly mark on the outside of the
8envelope or bag in ink the precinct in which the provisional
9ballots were cast. The election judges or election officials
10shall then place each sealed envelope or bag into a box, secure
11and seal it in the same manner as described in item (6) of
12subsection (b) of Section 18A-5. Each election judge or
13election official shall take and subscribe an oath before the
14county clerk or board of election commissioners that the
15election judge or election official securely kept the ballots
16and papers in the box, did not permit any person to open the
17box or otherwise touch or tamper with the ballots and papers in
18the box, and has no knowledge of any other person opening the
19box. For purposes of this Section, the term "election official"
20means the county clerk, a member of the board of election
21commissioners, as the case may be, and their respective
22employees.
23(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2498-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
25    (10 ILCS 5/19A-35)

 

 

HB2756- 55 -LRB099 06856 MGM 26934 b

1    (Text of Section before amendment by P.A. 98-1171)
2    Sec. 19A-35. Procedure for voting.
3    (a) Not more than 23 days before the start of the election,
4the county clerk shall make available to the election official
5conducting early voting by personal appearance a sufficient
6number of early ballots, envelopes, and printed voting
7instruction slips for the use of early voters. The election
8official shall receipt for all ballots received and shall
9return unused or spoiled ballots at the close of the early
10voting period to the county clerk and must strictly account for
11all ballots received. The ballots delivered to the election
12official must include early ballots for each precinct in the
13election authority's jurisdiction and must include separate
14ballots for each political subdivision conducting an election
15of officers or a referendum at that election.
16    (b) In conducting early voting under this Article, the
17election judge or official is required to verify the signature
18of the early voter by comparison with the signature on the
19official registration card, and the judge or official must
20verify (i) the identity of the applicant, (ii) that the
21applicant is a registered voter, (iii) the precinct in which
22the applicant is registered, and (iv) the proper ballots of the
23political subdivision in which the applicant resides and is
24entitled to vote before providing an early ballot to the
25applicant. Except for during the 2014 general election, the
26applicant's identity must be verified by the applicant's

 

 

HB2756- 56 -LRB099 06856 MGM 26934 b

1presentation of a government-issued photo identification card,
2as defined in Section 3-6, or his or her Voter Identification
3Card an Illinois driver's license, a non-driver identification
4card issued by the Illinois Secretary of State, a photo
5identification card issued by a university or college, or
6another government-issued identification document containing
7the applicant's photograph. The election judge or official must
8verify the applicant's registration from the most recent poll
9list provided by the election authority, and if the applicant
10is not listed on that poll list, by telephoning the office of
11the election authority.
12    (b-5) A person requesting an early voting ballot to whom an
13absentee ballot was issued may vote early if the person submits
14that absentee ballot to the judges of election or official
15conducting early voting for cancellation. If the voter is
16unable to submit the absentee ballot, it shall be sufficient
17for the voter to submit to the judges or official (i) a portion
18of the absentee ballot if the absentee ballot was torn or
19mutilated or (ii) an affidavit executed before the judges or
20official specifying that (A) the voter never received an
21absentee ballot or (B) the voter completed and returned an
22absentee ballot and was informed that the election authority
23did not receive that absentee ballot.
24    (b-10) Within one day after a voter casts an early voting
25ballot, the election authority shall transmit the voter's name,
26street address, and precinct, ward, township, and district

 

 

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1numbers, as the case may be, to the State Board of Elections,
2which shall maintain those names and that information in an
3electronic format on its website, arranged by county and
4accessible to State and local political committees.
5    (b-15) Immediately after voting an early ballot, the voter
6shall be instructed whether the voting equipment accepted or
7rejected the ballot or identified that ballot as under-voted
8for a statewide constitutional office. A voter whose ballot is
9identified as under-voted may return to the voting booth and
10complete the voting of that ballot. A voter whose early voting
11ballot is not accepted by the voting equipment may, upon
12surrendering the ballot, request and vote another early voting
13ballot. The voter's surrendered ballot shall be initialed by
14the election judge or official conducting the early voting and
15handled as provided in the appropriate Article governing the
16voting equipment used.
17    (c) The sealed early ballots in their carrier envelope
18shall be delivered by the election authority to the central
19ballot counting location before the close of the polls on the
20day of the election.
21(Source: P.A. 98-691, eff. 7-1-14.)
 
22    (Text of Section after amendment by P.A. 98-1171)
23    Sec. 19A-35. Procedure for voting.
24    (a) Not more than 23 days before the start of the election,
25the county clerk shall make available to the election official

 

 

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1conducting early voting by personal appearance a sufficient
2number of early ballots, envelopes, and printed voting
3instruction slips for the use of early voters. The election
4official shall receipt for all ballots received and shall
5return unused or spoiled ballots at the close of the early
6voting period to the county clerk and must strictly account for
7all ballots received. The ballots delivered to the election
8official must include early ballots for each precinct in the
9election authority's jurisdiction and must include separate
10ballots for each political subdivision conducting an election
11of officers or a referendum at that election.
12    (b) In conducting early voting under this Article, the
13election judge or official is required to verify the signature
14of the early voter by comparison with the signature on the
15official registration card, and the judge or official must
16verify (i) that the applicant is a registered voter, (ii) the
17precinct in which the applicant is registered, and (iii) the
18proper ballots of the political subdivision in which the
19applicant resides and is entitled to vote, and (iv) the
20applicant's identity, which must be verified by the applicant's
21presentation of a government-issued photo identification card,
22as defined in Section 3-6, or his or her Voter Identification
23Card, before providing an early ballot to the applicant. The
24election judge or official must verify the applicant's
25registration from the most recent poll list provided by the
26election authority, and if the applicant is not listed on that

 

 

HB2756- 59 -LRB099 06856 MGM 26934 b

1poll list, by telephoning the office of the election authority.
2    (b-5) A person requesting an early voting ballot to whom a
3vote by mail ballot was issued may vote early if the person
4submits that vote by mail ballot to the judges of election or
5official conducting early voting for cancellation. If the voter
6is unable to submit the vote by mail ballot, it shall be
7sufficient for the voter to submit to the judges or official
8(i) a portion of the vote by mail ballot if the vote by mail
9ballot was torn or mutilated or (ii) an affidavit executed
10before the judges or official specifying that (A) the voter
11never received a vote by mail ballot or (B) the voter completed
12and returned a vote by mail ballot and was informed that the
13election authority did not receive that vote by mail ballot.
14    (b-10) Within one day after a voter casts an early voting
15ballot, the election authority shall transmit the voter's name,
16street address, and precinct, ward, township, and district
17numbers, as the case may be, to the State Board of Elections,
18which shall maintain those names and that information in an
19electronic format on its website, arranged by county and
20accessible to State and local political committees.
21    (b-15) Immediately after voting an early ballot, the voter
22shall be instructed whether the voting equipment accepted or
23rejected the ballot or identified that ballot as under-voted
24for a statewide constitutional office. A voter whose ballot is
25identified as under-voted may return to the voting booth and
26complete the voting of that ballot. A voter whose early voting

 

 

HB2756- 60 -LRB099 06856 MGM 26934 b

1ballot is not accepted by the voting equipment may, upon
2surrendering the ballot, request and vote another early voting
3ballot. The voter's surrendered ballot shall be initialed by
4the election judge or official conducting the early voting and
5handled as provided in the appropriate Article governing the
6voting equipment used.
7    (c) The sealed early ballots in their carrier envelope
8shall be delivered by the election authority to the central
9ballot counting location before the close of the polls on the
10day of the election.
11(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.