99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3591

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.8
10 ILCS 5/4-16  from Ch. 46, par. 4-16
10 ILCS 5/4-50
10 ILCS 5/5-23  from Ch. 46, par. 5-23
10 ILCS 5/5-50
10 ILCS 5/6-53  from Ch. 46, par. 6-53
10 ILCS 5/6-100
10 ILCS 5/10-8  from Ch. 46, par. 10-8
10 ILCS 5/19-8  from Ch. 46, par. 19-8
10 ILCS 5/19A-10
10 ILCS 5/20-8  from Ch. 46, par. 20-8

    Amends the Election Code. Makes changes to provisions concerning the processing of ballots, challenging petitions, election-day and grace period registration, provisional ballots, and municipal and township early voting. Creates a pilot program for DuPage County that allows the election authority to obtain driver's license pictures to help verify a voter's identity. Effective immediately.


LRB099 09963 MGM 30182 b

 

 

A BILL FOR

 

HB3591LRB099 09963 MGM 30182 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 1A-16.8, 4-16, 4-50, 5-23, 5-50, 6-53, 6-100, 10-8,
619-8, 19A-10, and 20-8 as follows:
 
7    (10 ILCS 5/1A-16.8)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 1A-16.8. Automatic transfer of registration based
11upon information from the National Change of Address database.
12The State Board of Elections shall cross-reference the
13statewide voter registration database against the United
14States Postal Service's National Change of Address database
15twice each calendar year, April 15 and October 1 in
16odd-numbered years and April 15 and December 1 in even-numbered
17years, and shall share the findings with the election
18authorities. An election authority shall automatically
19register any voter who has moved into its jurisdiction from
20another jurisdiction in Illinois or has moved within its
21jurisdiction provided that:
22        (1) the election authority whose jurisdiction includes
23    the new registration address provides the voter an

 

 

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1    opportunity to reject the change in registration address
2    through a mailing, sent by non-forwardable mail, to the new
3    registration address, and
4        (2) when the election authority whose jurisdiction
5    includes the previous registration address is a different
6    election authority, then that election authority provides
7    the same opportunity through a mailing, sent by forwardable
8    mail, to the previous registration address.
9    This change in registration shall trigger the same
10inter-jurisdictional or intra-jurisdictional workflows as if
11the voter completed a new registration card, including the
12cancellation of the voter's previous registration. Should the
13registration of a voter be changed from one address to another
14within the State and should the voter appear at the polls and
15offer to vote from the prior registration address, attesting
16that the prior registration address is the true current
17address, the voter, if confirmed by the election authority as
18having been registered at the prior registration address and
19canceled only by the process authorized by this Section, shall
20be issued a regular ballot, and the change of registration
21address shall be canceled. If the election authority is unable
22to immediately confirm the registration, the voter shall be
23issued a provisional ballot and the provisional ballot shall be
24counted.
25(Source: P.A. 98-1171, eff. 6-1-15.)
 

 

 

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1    (10 ILCS 5/4-16)  (from Ch. 46, par. 4-16)
2    Sec. 4-16. Any registered voter who changes his residence
3from one address to another within the same county wherein this
4Article is in effect, may have his registration transferred to
5his new address by making and signing an application for change
6of residence address upon a form to be provided by the county
7clerk. Such application must be made to the office of the
8county clerk and may be made either in person or by mail. In
9case the person is unable to sign his name, the county clerk
10shall require him to execute the application in the presence of
11the county clerk or of his properly authorized representative,
12by his mark, and if satisfied of the identity of the person,
13the county clerk shall make the transfer.
14    Upon receipt of the application, the county clerk, or one
15of his employees deputized to take registrations shall cause
16the signature of the voter and the data appearing upon the
17application to be compared with the signature and data on the
18registration record card, and if it appears that the applicant
19is the same person as the person previously registered under
20that name the transfer shall be made. Notwithstanding any other
21provision of law to the contrary, the Board of Elections shall,
22by rule, create a pilot program for DuPage County that allows
23election authorities to obtain the photograph and signature
24from a voter's driver's license on file with the Secretary of
25State to compare with the voter's signature and to confirm that
26the person presenting themselves as the registered voter is the

 

 

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1same person pictured on such license. The pictures obtained
2from the Secretary of State shall be affixed to the voter's
3poll book to aide in the visual identification of the voter.
4Registered voters shall, by rule, be allowed the option to
5opt-in to having their picture checked to ensure greater voter
6confidence and guarantee that no voter's vote is stolen. The
7Board of Elections shall establish this pilot program before
8the 2016 general election.
9    No transfers of registration under the provisions of this
10Section shall be made during the 27 days preceding any election
11at which such voter would be entitled to vote. When a removal
12of a registered voter takes place from one address to another
13within the same precinct within a period during which a
14transfer of registration cannot be made before any election or
15primary, he shall be entitled to vote upon presenting the
16judges of election his affidavit substantially in the form
17prescribed in Section 17-10 of this Act of a change of
18residence address within the precinct on a date therein
19specified.
20    The county clerk may obtain information from utility
21companies, city, village, incorporated town and township
22records, the post office, or from other sources, regarding the
23removal of registered voters, and may treat such information,
24and information procured from his death and marriage records on
25file in his office, as an application to erase from the
26register any name concerning which he may so have information

 

 

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1that the voter is no longer qualified to vote under the name,
2or from the address from which registered, and give notice
3thereof in the manner provided by Section 4-12 of this Article,
4and notify voters who have changed their address that a
5transfer of registration may be made in the manner provided in
6this Section enclosing a form therefor.
7    If any person be registered by error in a precinct other
8than that in which he resides, the county clerk may transfer
9his registration to the proper precinct, and if the error is or
10may be on the part of the registration officials, and is
11disclosed too late before an election or primary to mail the
12certificate required by Section 4-15, such certificate may be
13personally delivered to the voter and he may vote thereon as
14therein provided, but such certificates so issued shall be
15specially listed with the reason for the issuance thereof.
16    Where a revision or rearrangement of precincts is made by
17the county board, the county clerk shall immediately transfer
18to the proper precinct the registration of any voter affected
19by such revision or rearrangement of the precinct; make the
20proper notations on the registration cards of a voter affected
21by the revision or rearrangement and shall issue revised
22certificates to each registrant of such change.
23    Any registered voter who changes his or her name by
24marriage or otherwise shall be required to register anew and
25authorize the cancellation of the previous registration; but if
26the voter still resides in the same precinct the elector may,

 

 

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1if otherwise qualified, vote upon making an affidavit at the
2polling place attesting that the voter is the same person who
3is registered to vote under his or her former name. The
4affidavit shall be treated by the election authority as
5authorization to cancel the registration under the former name,
6and the election authority shall register the person under his
7or her current name.
8    The precinct election officials shall report to the county
9clerk the names and addresses of all persons who have changed
10their addresses and voted, which shall be treated as an
11application to change address accordingly, and the names and
12addresses of all persons otherwise voting by affidavit as in
13this Section provided, which shall be treated as an application
14to erase under Section 4-12 hereof.
15(Source: P.A. 94-645, eff. 8-22-05.)
 
16    (10 ILCS 5/4-50)
17    (Text of Section before amendment by P.A. 98-1171)
18    Sec. 4-50. Grace period. Notwithstanding any other
19provision of this Code to the contrary, each election authority
20shall establish procedures for the registration of voters and
21for change of address during the period from the close of
22registration for a primary or election and until the 3rd day
23before the primary or election, except that during the 2014
24general election the period shall extend until the polls close
25on election day. During this grace period, an unregistered

 

 

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1qualified elector may register to vote, and a registered voter
2may submit a change of address form, in person in the office of
3the election authority or at a voter registration location
4specifically designated for this purpose by the election
5authority. During the 2014 general election, an unregistered
6qualified elector may register to vote, and a registered voter
7may submit a change of address form, in person at any permanent
8polling place for early voting established under Section 19A-10
9through election day. The election authority shall register
10that individual, or change a registered voter's address, in the
11same manner as otherwise provided by this Article for
12registration and change of address.
13    If a voter who registers or changes address during this
14grace period wishes to vote at the first election or primary
15occurring after the grace period, he or she must do so by grace
16period voting. The election authority shall offer in-person
17grace period voting at the authority's office and any permanent
18polling place where grace period registration is required by
19this Section; and may offer in-person grace period voting at
20additional locations specifically designated for the purpose
21of grace period voting by the election authority. The election
22authority may allow grace period voting by mail only if the
23election authority has no ballots prepared at the authority's
24office. Grace period voting shall be in a manner substantially
25similar to voting under Article 19.
26    Within one day after a voter casts a grace period ballot,

 

 

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1or within one day after the ballot is received by the election
2authority if the election authority allows grace period voting
3by mail, the election authority shall transmit by electronic
4means pursuant to a process established by the State Board of
5Elections the voter's name, street address, e-mail address, and
6precinct, ward, township, and district numbers, as the case may
7be, to the State Board of Elections, which shall maintain those
8names and that information in an electronic format on its
9website, arranged by county and accessible to State and local
10political committees. The name of each person issued a grace
11period ballot shall also be placed on the appropriate precinct
12list of persons to whom absentee and early ballots have been
13issued, for use as provided in Sections 17-9 and 18-5.
14    A person who casts a grace period ballot shall not be
15permitted to revoke that ballot and vote another ballot with
16respect to that primary or election. Ballots cast by persons
17who register or change address during the grace period must be
18transmitted to and counted at the election authority's central
19ballot counting location and shall not be transmitted to and
20counted at precinct polling places. The grace period ballots
21determined to be valid shall be added to the vote totals for
22the precincts for which they were cast in the order in which
23the ballots were opened.
24(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2598-691, eff. 7-1-14.)
 

 

 

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1    (Text of Section after amendment by P.A. 98-1171)
2    Sec. 4-50. Grace period. Notwithstanding any other
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for an election until and including the day of the
7election. During this grace period, an unregistered qualified
8elector may register to vote, and a registered voter may submit
9a change of address form, in person in the office of the
10election authority, at a permanent polling place established
11under Section 19A-10, at any other early voting site beginning
1215 days prior to the election, at a permanent polling place on
13election day, or at a voter registration location specifically
14designated for this purpose by the election authority. The
15election authority shall register that individual, or change a
16registered voter's address, in the same manner as otherwise
17provided by this Article for registration and change of
18address.
19    If a voter who registers or changes address during this
20grace period wishes to vote at the election or primary
21occurring during the grace period, he or she must do so by
22grace period voting. The election authority shall offer
23in-person grace period voting at the authority's office, any
24permanent polling place established under Section 19A-10, and
25at any other early voting site beginning 15 days prior to the
26election, at a polling place on election day, where grace

 

 

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1period registration is required by this Section; and may offer
2in-person grace period voting at additional hours and locations
3specifically designated for the purpose of grace period voting
4by the election authority. The election authority may allow
5grace period voting by mail only if the election authority has
6no ballots prepared at the authority's office. Grace period
7voting shall be in a manner substantially similar to voting
8under Article 19A.
9    Within one day after a voter casts a grace period ballot,
10or within one day after the ballot is received by the election
11authority if the election authority allows grace period voting
12by mail, the election authority shall transmit by electronic
13means pursuant to a process established by the State Board of
14Elections the voter's name, street address, e-mail address, and
15precinct, ward, township, and district numbers, as the case may
16be, to the State Board of Elections, which shall maintain those
17names and that information in an electronic format on its
18website, arranged by county and accessible to State and local
19political committees. The name of each person issued a grace
20period ballot shall also be placed on the appropriate precinct
21list of persons to whom vote by mail and early ballots have
22been issued, for use as provided in Sections 17-9 and 18-5.
23    A person who casts a grace period ballot shall not be
24permitted to revoke that ballot and vote another ballot with
25respect to that primary or election. Ballots cast by persons
26who register or change address during the grace period at a

 

 

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1location other than their designated polling place on election
2day must be transmitted to and counted at the election
3authority's central ballot counting location and shall not be
4transmitted to and counted at precinct polling places. The
5grace period ballots determined to be valid shall be added to
6the vote totals for the precincts for which they were cast in
7the order in which the ballots were opened.
8    In counties with a population of less than 100,000 that do
9not have electronic poll books, the election authority may opt
10out of registration in the polling place if the election
11authority establishes grace period registration and voting at
12other sites on election day at the following sites: (i) the
13election authority's main office and (ii) a polling place in
14each municipality where 20% or more of the county's registered
15voters residents reside if the election authority's main office
16is not located in that municipality. The election authority may
17establish other grace period registration and voting sites on
18election day provided that the election authority has met the
19notice requirements of Section 19A-25 for permanent and
20temporary early voting sites.
21(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2298-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
23    (10 ILCS 5/5-23)  (from Ch. 46, par. 5-23)
24    Sec. 5-23. Any registered voter who changes his residence
25from one address, number or place to another within the same

 

 

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1county wherein this Article 5 is in effect, may have his
2registration transferred to his new address by making and
3signing an application for such change of residence upon a form
4to be provided by the county clerk. Such application must be
5made to the office of the county clerk. In case the person is
6unable to sign his name the county clerk shall require such
7person to execute the request in the presence of the county
8clerk or of his properly authorized representative, by his
9mark, and if satisfied of the identity of the person, the
10county clerk shall make the transfer.
11    Upon receipt of such application, the county clerk, or one
12of his employees deputized to take registrations shall cause
13the signature of the voter and the data appearing upon the
14application to be compared with the signature and data on the
15registration record, and if it appears that the applicant is
16the same person as the party previously registered under that
17name the transfer shall be made. Notwithstanding any other
18provision of law to the contrary, the Board of Elections shall,
19by rule, create a pilot program for DuPage County that allows
20election authorities to obtain the photograph and signature
21from a voter's driver's license on file with the Secretary of
22State to compare with the voter's signature and to confirm that
23the person presenting themselves as the registered voter is the
24same person pictured on such license. The pictures obtained
25from the Secretary of State shall be affixed to the voter's
26poll book to aide in the visual identification of the voter.

 

 

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1Registered voters shall, by rule, be allowed the option to
2opt-in to having their picture checked to ensure greater voter
3confidence and guarantee that no voter's vote is stolen. The
4Board of Elections shall establish this pilot program before
5the 2016 general election.
6    Transfer of registration under the provisions of this
7section may not be made within the period when the county
8clerk's office is closed to registration prior to an election
9at which such voter would be entitled to vote.
10    Any registered voter who changes his or her name by
11marriage or otherwise, shall be required to register anew and
12authorize the cancellation of the previous registration;
13provided, however, that if the change of name takes place
14within a period during which such new registration cannot be
15made, next preceding any election or primary, the elector may,
16if otherwise qualified, vote upon making the following
17affidavit before the judges of election:
18    I do solemnly swear that I am the same person now
19registered in the .... precinct of the .... ward of the city of
20.... or .... District Town of .... under the name of .... and
21that I still reside in said precinct or district.
22
(Signed) ....
23    If the voter whose name has changed still resides in the
24same precinct, the voter may vote after making the affidavit at
25the polling place regardless of when the change of name
26occurred. In that event, the affidavit shall not state that the

 

 

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1voter is required to register; the affidavit shall be treated
2by the election authority as authorization to cancel the
3registration under the former name, and the election authority
4shall register the voter under his or her current name.
5    Suitable forms for this purpose shall be provided by the
6county clerk. The form in all cases shall be similar to the
7form furnished by the county clerk for county and state
8elections.
9    The precinct election officials shall report to the county
10clerk the names and addresses of all such persons who have
11changed their addresses and voted. The city, village, town and
12incorporated town clerks shall within five days after every
13election report to the county clerk the names and addresses of
14the persons reported to them as having voted by affidavit as in
15this Section provided.
16    The county clerk may obtain information from utility
17companies, city, village, town and incorporated town records,
18the post office or from other sources regarding the removal of
19registered voters and notify such voters that a transfer of
20registration may be made in the manner provided by this
21Section.
22    If any person be registered by error in a precinct other
23than that in which he resides the county clerk shall be
24empowered to transfer his registration to the proper precinct.
25    Where a revision or rearrangement of precincts is made by
26the board of county commissioners, the county clerk shall

 

 

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1immediately transfer to the proper precinct the registration of
2any voter affected by such revision or rearrangement of the
3precincts; make the proper notations on the registration cards
4of a voter affected by the revision of registration and shall
5notify the registrant of such change.
6(Source: P.A. 94-645, eff. 8-22-05.)
 
7    (10 ILCS 5/5-50)
8    (Text of Section before amendment by P.A. 98-1171)
9    Sec. 5-50. Grace period. Notwithstanding any other
10provision of this Code to the contrary, each election authority
11shall establish procedures for the registration of voters and
12for change of address during the period from the close of
13registration for a primary or election and until the 3rd day
14before the primary or election, except that during the 2014
15general election the period shall extend until the polls close
16on election day. During this grace period, an unregistered
17qualified elector may register to vote, and a registered voter
18may submit a change of address form, in person in the office of
19the election authority or at a voter registration location
20specifically designated for this purpose by the election
21authority. During the 2014 general election, an unregistered
22qualified elector may register to vote, and a registered voter
23may submit a change of address form, in person at any permanent
24polling place for early voting established pursuant to Section
2519A-10 through election day. The election authority shall

 

 

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1register that individual, or change a registered voter's
2address, in the same manner as otherwise provided by this
3Article for registration and change of address.
4    If a voter who registers or changes address during this
5grace period wishes to vote at the first election or primary
6occurring after the grace period, he or she must do so by grace
7period voting. The election authority shall offer in-person
8grace period voting at his or her office and any permanent
9polling place where grace period registration is required by
10this Section; and may offer in-person grace period voting at
11additional locations specifically designated for the purpose
12of grace period voting by the election authority. The election
13authority may allow grace period voting by mail only if the
14election authority has no ballots prepared at the authority's
15office. Grace period voting shall be in a manner substantially
16similar to voting under Article 19.
17    Within one day after a voter casts a grace period ballot,
18or within one day after the ballot is received by the election
19authority if the election authority allows grace period voting
20by mail, the election authority shall transmit by electronic
21means pursuant to a process established by the State Board of
22Elections the voter's name, street address, e-mail address, and
23precinct, ward, township, and district numbers, as the case may
24be, to the State Board of Elections, which shall maintain those
25names and that information in an electronic format on its
26website, arranged by county and accessible to State and local

 

 

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1political committees. The name of each person issued a grace
2period ballot shall also be placed on the appropriate precinct
3list of persons to whom absentee and early ballots have been
4issued, for use as provided in Sections 17-9 and 18-5.
5    A person who casts a grace period ballot shall not be
6permitted to revoke that ballot and vote another ballot with
7respect to that primary or election. Ballots cast by persons
8who register or change address during the grace period must be
9transmitted to and counted at the election authority's central
10ballot counting location and shall not be transmitted to and
11counted at precinct polling places. The grace period ballots
12determined to be valid shall be added to the vote totals for
13the precincts for which they were cast in the order in which
14the ballots were opened.
15(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1698-691, eff. 7-1-14.)
 
17    (Text of Section after amendment by P.A. 98-1171)
18    Sec. 5-50. Grace period. Notwithstanding any other
19provision of this Code to the contrary, each election authority
20shall establish procedures for the registration of voters and
21for change of address during the period from the close of
22registration for an election until and including the day of the
23election. During this grace period, an unregistered qualified
24elector may register to vote, and a registered voter may submit
25a change of address form, in person in the office of the

 

 

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1election authority, at a permanent polling place established
2under Section 19A-10, at any other early voting site beginning
315 days prior to the election, at a permanent polling place on
4election day, or at a voter registration location specifically
5designated for this purpose by the election authority. The
6election authority shall register that individual, or change a
7registered voter's address, in the same manner as otherwise
8provided by this Article for registration and change of
9address.
10    If a voter who registers or changes address during this
11grace period wishes to vote at the election or primary
12occurring during the grace period, he or she must do so by
13grace period voting. The election authority shall offer
14in-person grace period voting at his or her office, any
15permanent polling place established under Section 19A-10, and
16at any other early voting site beginning 15 days prior to the
17election, at a polling place on election day, where grace
18period registration is required by this Section; and may offer
19in-person grace period voting at additional hours and locations
20specifically designated for the purpose of grace period voting
21by the election authority. The election authority may allow
22grace period voting by mail only if the election authority has
23no ballots prepared at the authority's office. Grace period
24voting shall be in a manner substantially similar to voting
25under Article 19A.
26    Within one day after a voter casts a grace period ballot,

 

 

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1or within one day after the ballot is received by the election
2authority if the election authority allows grace period voting
3by mail, the election authority shall transmit by electronic
4means pursuant to a process established by the State Board of
5Elections the voter's name, street address, e-mail address, and
6precinct, ward, township, and district numbers, as the case may
7be, to the State Board of Elections, which shall maintain those
8names and that information in an electronic format on its
9website, arranged by county and accessible to State and local
10political committees. The name of each person issued a grace
11period ballot shall also be placed on the appropriate precinct
12list of persons to whom vote by mail and early ballots have
13been issued, for use as provided in Sections 17-9 and 18-5.
14    A person who casts a grace period ballot shall not be
15permitted to revoke that ballot and vote another ballot with
16respect to that primary or election. Ballots cast by persons
17who register or change address during the grace period at a
18location other than their designated polling place on election
19day must be transmitted to and counted at the election
20authority's central ballot counting location and shall not be
21transmitted to and counted at precinct polling places. The
22grace period ballots determined to be valid shall be added to
23the vote totals for the precincts for which they were cast in
24the order in which the ballots were opened.
25    In counties with a population of less than 100,000 that do
26not have electronic poll books, the election authority may opt

 

 

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1out of registration in the polling place if the election
2authority establishes grace period registration and voting at
3other sites on election day at the following sites: (i) the
4election authority's main office and (ii) a polling place in
5each municipality where 20% or more of the county's registered
6voters residents reside if the election authority's main office
7is not located in that municipality. The election authority may
8establish other grace period registration and voting sites on
9election day provided that the election authority has met the
10notice requirements of Section 19A-25 for permanent and
11temporary early voting sites.
12(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1398-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
14    (10 ILCS 5/6-53)  (from Ch. 46, par. 6-53)
15    Sec. 6-53. Any registered elector who changes his residence
16from one address number or place to another within the same
17precinct, city or village or incorporated town, may have his
18registration transferred to his new address by making and
19signing an application for such change of residence address
20upon a form to be provided by such board of election
21commissioners. Such application may be made to the office of
22such board or at any place designated in accordance with
23Section 6-51 of this Article.
24    Upon receipt of such application the board of election
25commissioners or officer, employee or deputy registrar

 

 

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1designated by such board shall cause the signature of the voter
2and the data appearing upon the application to be compared with
3the signature and data on the registration record, and if it
4appears that the applicant is the same person as the party
5previously registered under that name, the transfer shall be
6made. In case the person is unable to sign his name the board
7of election commissioners shall require such person to execute
8the request in the presence of the board or of its properly
9authorized representative, by his mark, and if satisfied of the
10identity of the person, the board of election commissioners
11shall make the transfer. The person in charge of the
12registration shall draw a line through the last address, ward
13and precinct number on the original and duplicate and write the
14new address, ward and precinct number on the original and
15duplicate registration records. Notwithstanding any other
16provision of law to the contrary, the Board of Elections shall,
17by rule, create a pilot program for DuPage County that allows
18election authorities to obtain the photograph and signature
19from a voter's driver's license on file with the Secretary of
20State to compare with the voter's signature and to confirm that
21the person presenting themselves as the registered voter is the
22same person pictured on such license. The pictures obtained
23from the Secretary of State shall be affixed to the voter's
24poll book to aide in the visual identification of the voter.
25Registered voters shall, by rule, be allowed the option to
26opt-in to having their picture checked to ensure greater voter

 

 

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1confidence and guarantee that no voter's vote is stolen. The
2Board of Elections shall establish this pilot program before
3the 2016 general election.
4    Any registered elector may transfer his registration only
5at any such time as is provided by this Article for the
6registration of voters at the office of the board. When a
7removal of a registered voter takes place from one address to
8another within the same precinct within a period during which
9such transfer of registration cannot be made, before any
10election or primary, he shall be entitled to vote upon
11presenting to the judges of election an affidavit of a change
12and having said affidavit supported by the affidavit of a
13qualified voter who is a householder in the same precinct.
14Suitable forms for this purpose shall be provided by the board
15of election commissioners whose duty it is to conduct the
16election; and thereupon the precinct election officials shall
17report to the board of election commissioners the names of all
18such persons who have changed their address and voted.
19    The board of election commissioners may obtain information
20from utility companies, city records, the post office or from
21other sources regarding the removal of registered voters, and
22notify such voters that a transfer of registration may be made
23in the manner provided by this section.
24    If any person be registered by error in a precinct other
25than that in which he resides, a transfer of registration to
26the precinct in which he resides may be made in the manner

 

 

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1provided by this section.
2    Where a revision or rearrangement of precincts is made by
3the board of election commissioners under the power conferred
4by Section 11-3 of Article 11 of this Act, such board shall
5immediately transfer to the proper precinct the registration of
6any voter affected by such revision or rearrangement of
7precincts; make the proper notations on the cards in the master
8and precinct files; and shall notify the registrant of such
9change.
10(Source: Laws 1967, p. 3449.)
 
11    (10 ILCS 5/6-100)
12    (Text of Section before amendment by P.A. 98-1171)
13    Sec. 6-100. Grace period. Notwithstanding any other
14provision of this Code to the contrary, each election authority
15shall establish procedures for the registration of voters and
16for change of address during the period from the close of
17registration for a primary or election and until the 3rd day
18before the primary or election, except that during the 2014
19general election the period shall extend until the polls close
20on election day. During this grace period, an unregistered
21qualified elector may register to vote, and a registered voter
22may submit a change of address form, in person in the office of
23the election authority or at a voter registration location
24specifically designated for this purpose by the election
25authority. During the 2014 general election, an unregistered

 

 

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1qualified elector may register to vote, and a registered voter
2may submit a change of address form, in person at any permanent
3polling place for early voting established pursuant to Section
419A-10 through election day. The election authority shall
5register that individual, or change a registered voter's
6address, in the same manner as otherwise provided by this
7Article for registration and change of address.
8    If a voter who registers or changes address during this
9grace period wishes to vote at the first election or primary
10occurring after the grace period. The election authority shall
11offer in-person grace period voting at the authority's office
12and any permanent polling place where grace period registration
13is required by this Section; and may offer in-person grace
14period voting at additional locations specifically designated
15for the purpose of grace period voting by the election
16authority. The election authority may allow grace period voting
17by mail only if the election authority has no ballots prepared
18at the authority's office. Grace period voting shall be in a
19manner substantially similar to voting under Article 19.
20    Within one day after a voter casts a grace period ballot,
21or within one day after the ballot is received by the election
22authority if the election authority allows grace period voting
23by mail, the election authority shall transmit by electronic
24means pursuant to a process established by the State Board of
25Elections the voter's name, street address, e-mail address, and
26precinct, ward, township, and district numbers, as the case may

 

 

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1be, to the State Board of Elections, which shall maintain those
2names and that information in an electronic format on its
3website, arranged by county and accessible to State and local
4political committees. The name of each person issued a grace
5period ballot shall also be placed on the appropriate precinct
6list of persons to whom absentee and early ballots have been
7issued, for use as provided in Sections 17-9 and 18-5.
8    A person who casts a grace period ballot shall not be
9permitted to revoke that ballot and vote another ballot with
10respect to that primary or election. Ballots cast by persons
11who register or change address during the grace period must be
12transmitted to and counted at the election authority's central
13ballot counting location and shall not be transmitted to and
14counted at precinct polling places. The grace period ballots
15determined to be valid shall be added to the vote totals for
16the precincts for which they were cast in the order in which
17the ballots were opened.
18(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1998-691, eff. 7-1-14.)
 
20    (Text of Section after amendment by P.A. 98-1171)
21    Sec. 6-100. Grace period. Notwithstanding any other
22provision of this Code to the contrary, each election authority
23shall establish procedures for the registration of voters and
24for change of address during the period from the close of
25registration for an election until and including the day of the

 

 

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1election. During this grace period, an unregistered qualified
2elector may register to vote, and a registered voter may submit
3a change of address form, in person in the office of the
4election authority, at a permanent polling place established
5under Section 19A-10, at any other early voting site beginning
615 days prior to the election, at a permanent polling place on
7election day, or at a voter registration location specifically
8designated for this purpose by the election authority. The
9election authority shall register that individual, or change a
10registered voter's address, in the same manner as otherwise
11provided by this Article for registration and change of
12address.
13    If a voter who registers or changes address during this
14grace period wishes to vote at the election or primary
15occurring during the grace period. The election authority shall
16offer in-person grace period voting at the authority's office,
17any permanent polling place established under Section 19A-10,
18and at any other early voting site beginning 15 days prior to
19the election, at a polling place on election day, where grace
20period registration is required by this Section; and may offer
21in-person grace period voting at additional hours and locations
22specifically designated for the purpose of grace period voting
23by the election authority. The election authority may allow
24grace period voting by mail only if the election authority has
25no ballots prepared at the authority's office. Grace period
26voting shall be in a manner substantially similar to voting

 

 

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1under Article 19A.
2    Within one day after a voter casts a grace period ballot,
3or within one day after the ballot is received by the election
4authority if the election authority allows grace period voting
5by mail, the election authority shall transmit by electronic
6means pursuant to a process established by the State Board of
7Elections the voter's name, street address, e-mail address, and
8precinct, ward, township, and district numbers, as the case may
9be, to the State Board of Elections, which shall maintain those
10names and that information in an electronic format on its
11website, arranged by county and accessible to State and local
12political committees. The name of each person issued a grace
13period ballot shall also be placed on the appropriate precinct
14list of persons to whom vote by mail and early ballots have
15been issued, for use as provided in Sections 17-9 and 18-5.
16    A person who casts a grace period ballot shall not be
17permitted to revoke that ballot and vote another ballot with
18respect to that primary or election. Ballots cast by persons
19who register or change address during the grace period at a
20location other than their designated polling place on election
21day must be transmitted to and counted at the election
22authority's central ballot counting location and shall not be
23transmitted to and counted at precinct polling places. The
24grace period ballots determined to be valid shall be added to
25the vote totals for the precincts for which they were cast in
26the order in which the ballots were opened.

 

 

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1    In counties with a population of less than 100,000 that do
2not have electronic poll books, the election authority may opt
3out of registration in the polling place if the election
4authority establishes grace period registration and voting at
5other sites on election day at the following sites: (i) the
6election authority's main office and (ii) a polling place in
7each municipality where 20% or more of the county's registered
8voters residents reside if the election authority's main office
9is not located in that municipality. The election authority may
10establish other grace period registration and voting sites on
11election day provided that the election authority has met the
12notice requirements of Section 19A-25 for permanent and
13temporary early voting sites.
14(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1598-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
16    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
17    Sec. 10-8. Certificates of nomination and nomination
18papers, and petitions to submit public questions to a
19referendum, being filed as required by this Code, and being in
20apparent conformity with the provisions of this Act, shall be
21deemed to be valid unless objection thereto is duly made in
22writing within 5 business days after the last day for filing
23the certificate of nomination or nomination papers or petition
24for a public question, with the following exceptions:
25        A. In the case of petitions to amend Article IV of the

 

 

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1    Constitution of the State of Illinois, there shall be a
2    period of 35 business days after the last day for the
3    filing of such petitions in which objections can be filed.
4        B. In the case of petitions for advisory questions of
5    public policy to be submitted to the voters of the entire
6    State, there shall be a period of 35 business days after
7    the last day for the filing of such petitions in which
8    objections can be filed.
9    Any legal voter of the political subdivision or district in
10which the candidate or public question is to be voted on, or
11any legal voter in the State in the case of a proposed
12amendment to Article IV of the Constitution or an advisory
13public question to be submitted to the voters of the entire
14State, having objections to any certificate of nomination or
15nomination papers or petitions filed, shall file an objector's
16petition together with 2 copies thereof in the principal office
17or the permanent branch office of the State Board of Elections,
18or in the office of the election authority or local election
19official with whom the certificate of nomination, nomination
20papers or petitions are on file. Objection petitions that do
21not include 2 copies thereof, shall not be accepted. In the
22case of nomination papers or certificates of nomination, the
23State Board of Elections, election authority or local election
24official shall note the day and hour upon which such objector's
25petition is filed, and shall, not later than 12:00 noon on the
26second business day after receipt of the petition, transmit by

 

 

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1registered mail or receipted personal delivery the certificate
2of nomination or nomination papers and the original objector's
3petition to the chairman of the proper electoral board
4designated in Section 10-9 hereof, or his authorized agent, and
5shall transmit a copy by registered mail or receipted personal
6delivery of the objector's petition, to the candidate whose
7certificate of nomination or nomination papers are objected to,
8addressed to the place of residence designated in said
9certificate of nomination or nomination papers. In the case of
10objections to a petition for a proposed amendment to Article IV
11of the Constitution or for an advisory public question to be
12submitted to the voters of the entire State, the State Board of
13Elections shall note the day and hour upon which such
14objector's petition is filed and shall transmit a copy of the
15objector's petition by registered mail or receipted personal
16delivery to the person designated on a certificate attached to
17the petition as the principal proponent of such proposed
18amendment or public question, or as the proponents' attorney,
19for the purpose of receiving notice of objections. In the case
20of objections to a petition for a public question, to be
21submitted to the voters of a political subdivision, or district
22thereof, the election authority or local election official with
23whom such petition is filed shall note the day and hour upon
24which such objector's petition was filed, and shall, not later
25than 12:00 noon on the second business day after receipt of the
26petition, transmit by registered mail or receipted personal

 

 

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1delivery the petition for the public question and the original
2objector's petition to the chairman of the proper electoral
3board designated in Section 10-9 hereof, or his authorized
4agent, and shall transmit a copy by registered mail or
5receipted personal delivery, of the objector's petition to the
6person designated on a certificate attached to the petition as
7the principal proponent of the public question, or as the
8proponent's attorney, for the purposes of receiving notice of
9objections.
10    The objector's petition shall give the objector's name and
11residence address, and shall state fully the nature of the
12objections to the certificate of nomination or nomination
13papers or petitions in question, and shall state the interest
14of the objector and shall state what relief is requested of the
15electoral board.
16    The provisions of this Section and of Sections 10-9, 10-10
17and 10-10.1 shall also apply to and govern objections to
18petitions for nomination filed under Article 7 or Article 8,
19except as otherwise provided in Section 7-13 for cases to which
20it is applicable, and also apply to and govern petitions for
21the submission of public questions under Article 28.
22    Notwithstanding any other provision of law to the contrary,
23any individual challenging the validity of petitions shall
24notify the applicable election authority when that individual
25files a challenge in court contesting the decision of that
26election authority.

 

 

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1(Source: P.A. 98-691, eff. 7-1-14.)
 
2    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
3    (Text of Section before amendment by P.A. 98-1171)
4    Sec. 19-8. Time and place of counting ballots.
5    (a) (Blank.)
6    (b) Each absent voter's ballot returned to an election
7authority, by any means authorized by this Article, and
8received by that election authority before the closing of the
9polls on election day shall be endorsed by the receiving
10election authority with the day and hour of receipt and shall
11be counted in the central ballot counting location of the
12election authority on the day of the election after 7:00 p.m.,
13except as provided in subsections (g) and (g-5).
14    (c) Each absent voter's ballot that is mailed to an
15election authority and postmarked by the midnight preceding the
16opening of the polls on election day, but that is received by
17the election authority after the polls close on election day
18and before the close of the period for counting provisional
19ballots cast at that election, shall be endorsed by the
20receiving authority with the day and hour of receipt and shall
21be counted at the central ballot counting location of the
22election authority during the period for counting provisional
23ballots.
24    Each absent voter's ballot that is mailed to an election
25authority absent a postmark, but that is received by the

 

 

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1election authority after the polls close on election day and
2before the close of the period for counting provisional ballots
3cast at that election, shall be endorsed by the receiving
4authority with the day and hour of receipt, opened to inspect
5the date inserted on the certification, and, if the
6certification date is a date preceding the election day and the
7ballot is otherwise found to be valid under the requirements of
8this Section, counted at the central ballot counting location
9of the election authority during the period for counting
10provisional ballots. Absent a date on the certification, the
11ballot shall not be counted.
12    (d) Special write-in absentee voter's blank ballots
13returned to an election authority, by any means authorized by
14this Article, and received by the election authority at any
15time before the closing of the polls on election day shall be
16endorsed by the receiving election authority with the day and
17hour of receipt and shall be counted at the central ballot
18counting location of the election authority during the same
19period provided for counting absent voters' ballots under
20subsections (b), (g), and (g-5). Special write-in absentee
21voter's blank ballots that are mailed to an election authority
22and postmarked by the midnight preceding the opening of the
23polls on election day, but that are received by the election
24authority after the polls close on election day and before the
25closing of the period for counting provisional ballots cast at
26that election, shall be endorsed by the receiving authority

 

 

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1with the day and hour of receipt and shall be counted at the
2central ballot counting location of the election authority
3during the same periods provided for counting absent voters'
4ballots under subsection (c).
5    (e) Except as otherwise provided in this Section, absent
6voters' ballots and special write-in absentee voter's blank
7ballots received by the election authority after the closing of
8the polls on an election day shall be endorsed by the election
9authority receiving them with the day and hour of receipt and
10shall be safely kept unopened by the election authority for the
11period of time required for the preservation of ballots used at
12the election, and shall then, without being opened, be
13destroyed in like manner as the used ballots of that election.
14    (f) Counting required under this Section to begin on
15election day after the closing of the polls shall commence no
16later than 8:00 p.m. and shall be conducted by a panel or
17panels of election judges appointed in the manner provided by
18law. The counting shall continue until all absent voters'
19ballots and special write-in absentee voter's blank ballots
20required to be counted on election day have been counted.
21    (g) The procedures set forth in Articles 17 and 18 of this
22Code shall apply to all ballots counted under this Section. In
23addition, within 2 days after an absentee ballot, other than an
24in-person absentee ballot, is received, but in all cases before
25the close of the period for counting provisional ballots, the
26election judge or official shall compare the voter's signature

 

 

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1on the certification envelope of that absentee ballot with the
2signature of the voter on file in the office of the election
3authority. If the election judge or official determines that
4the 2 signatures match, and that the absentee voter is
5otherwise qualified to cast an absentee ballot, the election
6authority shall cast and count the ballot on election day or
7the day the ballot is determined to be valid, whichever is
8later, adding the results to the precinct in which the voter is
9registered. If the election judge or official determines that
10the signatures do not match, or that the absentee voter is not
11qualified to cast an absentee ballot, then without opening the
12certification envelope, the judge or official shall mark across
13the face of the certification envelope the word "Rejected" and
14shall not cast or count the ballot.
15    In addition to the voter's signatures not matching, an
16absentee ballot may be rejected by the election judge or
17official:
18        (1) if the ballot envelope is open or has been opened
19    and resealed;
20        (2) if the voter has already cast an early or grace
21    period ballot;
22        (3) if the voter voted in person on election day or the
23    voter is not a duly registered voter in the precinct; or
24        (4) on any other basis set forth in this Code.
25    If the election judge or official determines that any of
26these reasons apply, the judge or official shall mark across

 

 

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1the face of the certification envelope the word "Rejected" and
2shall not cast or count the ballot.
3    (g-5) If an absentee ballot, other than an in-person
4absentee ballot, is rejected by the election judge or official
5for any reason, the election authority shall, within 2 days
6after the rejection but in all cases before the close of the
7period for counting provisional ballots, notify the absentee
8voter that his or her ballot was rejected. The notice shall
9inform the voter of the reason or reasons the ballot was
10rejected and shall state that the voter may appear before the
11election authority, on or before the 14th day after the
12election, to show cause as to why the ballot should not be
13rejected. The voter may present evidence to the election
14authority supporting his or her contention that the ballot
15should be counted. The election authority shall appoint a panel
16of 3 election judges to review the contested ballot,
17application, and certification envelope, as well as any
18evidence submitted by the absentee voter. No more than 2
19election judges on the reviewing panel shall be of the same
20political party. The reviewing panel of election judges shall
21make a final determination as to the validity of the contested
22absentee ballot. The judges' determination shall not be
23reviewable either administratively or judicially.
24    An absentee ballot subject to this subsection that is
25determined to be valid shall be counted before the close of the
26period for counting provisional ballots.

 

 

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1    (g-10) All absentee ballots determined to be valid shall be
2added to the vote totals for the precincts for which they were
3cast in the order in which the ballots were opened.
4    (h) Each political party, candidate, and qualified civic
5organization shall be entitled to have present one pollwatcher
6for each panel of election judges therein assigned.
7(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
895-699, eff. 11-9-07.)
 
9    (Text of Section after amendment by P.A. 98-1171)
10    Sec. 19-8. Time and place of counting ballots.
11    (a) (Blank.)
12    (b) Each vote by mail voter's ballot returned to an
13election authority, by any means authorized by this Article,
14and received by that election authority before the closing of
15the polls on election day shall be endorsed by the receiving
16election authority with the day and hour of receipt and may be
17processed by the election authority beginning on the 15th day
18before election day in the central ballot counting location of
19the election authority, but the results of the processing may
20not be counted until the day of the election after 7:00 p.m.,
21except as provided in subsections (g) and (g-5).
22    (c) Each vote by mail voter's ballot that is mailed to an
23election authority and postmarked no later than election day,
24but that is received by the election authority after the polls
25close on election day and before the close of the period for

 

 

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1counting provisional ballots cast at that election, shall be
2endorsed by the receiving authority with the day and hour of
3receipt and shall be counted at the central ballot counting
4location of the election authority during the period for
5counting provisional ballots.
6    Each vote by mail voter's ballot that is mailed to an
7election authority absent a postmark, but that is received by
8the election authority after the polls close on election day
9and before the close of the period for counting provisional
10ballots cast at that election, shall be endorsed by the
11receiving authority with the day and hour of receipt, opened to
12inspect the date inserted on the certification, and, if the
13certification date is a date preceding the election day and the
14ballot is otherwise found to be valid under the requirements of
15this Section, counted at the central ballot counting location
16of the election authority during the period for counting
17provisional ballots. Absent a date on the certification, the
18ballot shall not be counted.
19    (d) Special write-in vote by mail voter's blank ballots
20returned to an election authority, by any means authorized by
21this Article, and received by the election authority at any
22time before the closing of the polls on election day shall be
23endorsed by the receiving election authority with the day and
24hour of receipt and shall be counted at the central ballot
25counting location of the election authority during the same
26period provided for counting vote by mail voters' ballots under

 

 

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1subsections (b), (g), and (g-5). Special write-in vote by mail
2voter's blank ballots that are mailed to an election authority
3and postmarked no later than election day, but that are
4received by the election authority after the polls close on
5election day and before the closing of the period for counting
6provisional ballots cast at that election, shall be endorsed by
7the receiving authority with the day and hour of receipt and
8shall be counted at the central ballot counting location of the
9election authority during the same periods provided for
10counting vote by mail voters' ballots under subsection (c).
11    Notwithstanding any other provision of law to the contrary,
12votes by mail ballots may be processed as they arrive in the
13mail. Notwithstanding any other provision of law to the
14contrary, election authorities shall have more than 15 days to
15process vote by mail ballots.
16    (e) Except as otherwise provided in this Section, vote by
17mail voters' ballots and special write-in vote by mail voter's
18blank ballots received by the election authority after the
19closing of the polls on an election day shall be endorsed by
20the election authority receiving them with the day and hour of
21receipt and shall be safely kept unopened by the election
22authority for the period of time required for the preservation
23of ballots used at the election, and shall then, without being
24opened, be destroyed in like manner as the used ballots of that
25election.
26    (f) Counting required under this Section to begin on

 

 

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1election day after the closing of the polls shall commence no
2later than 8:00 p.m. and shall be conducted by a panel or
3panels of election judges appointed in the manner provided by
4law. The counting shall continue until all vote by mail voters'
5ballots and special write-in vote by mail voter's blank ballots
6required to be counted on election day have been counted.
7    (g) The procedures set forth in Articles 17 and 18 of this
8Code shall apply to all ballots counted under this Section. In
9addition, within 2 days after a vote by mail ballot is
10received, but in all cases before the close of the period for
11counting provisional ballots, the election judge or official
12shall compare the voter's signature on the certification
13envelope of that vote by mail ballot with the signature of the
14voter on file in the office of the election authority. If the
15election judge or official determines that the 2 signatures
16match, and that the vote by mail voter is otherwise qualified
17to cast a vote by mail ballot, the election authority shall
18cast and count the ballot on election day or the day the ballot
19is determined to be valid, whichever is later, adding the
20results to the precinct in which the voter is registered. If
21the election judge or official determines that the signatures
22do not match, or that the vote by mail voter is not qualified
23to cast a vote by mail ballot, then without opening the
24certification envelope, the judge or official shall mark across
25the face of the certification envelope the word "Rejected" and
26shall not cast or count the ballot.

 

 

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1    In addition to the voter's signatures not matching, a vote
2by mail ballot may be rejected by the election judge or
3official:
4        (1) if the ballot envelope is open or has been opened
5    and resealed;
6        (2) if the voter has already cast an early or grace
7    period ballot;
8        (3) if the voter voted in person on election day or the
9    voter is not a duly registered voter in the precinct; or
10        (4) on any other basis set forth in this Code.
11    If the election judge or official determines that any of
12these reasons apply, the judge or official shall mark across
13the face of the certification envelope the word "Rejected" and
14shall not cast or count the ballot.
15    (g-5) If a vote by mail ballot is rejected by the election
16judge or official for any reason, the election authority shall,
17within 2 days after the rejection but in all cases before the
18close of the period for counting provisional ballots, notify
19the vote by mail voter that his or her ballot was rejected. The
20notice shall inform the voter of the reason or reasons the
21ballot was rejected and shall state that the voter may appear
22before the election authority, on or before the 14th day after
23the election, to show cause as to why the ballot should not be
24rejected. The voter may present evidence to the election
25authority supporting his or her contention that the ballot
26should be counted. The election authority shall appoint a panel

 

 

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1of 3 election judges to review the contested ballot,
2application, and certification envelope, as well as any
3evidence submitted by the vote by mail voter. No more than 2
4election judges on the reviewing panel shall be of the same
5political party. The reviewing panel of election judges shall
6make a final determination as to the validity of the contested
7vote by mail ballot. The judges' determination shall not be
8reviewable either administratively or judicially.
9    A vote by mail ballot subject to this subsection that is
10determined to be valid shall be counted before the close of the
11period for counting provisional ballots.
12    (g-10) All vote by mail ballots determined to be valid
13shall be added to the vote totals for the precincts for which
14they were cast in the order in which the ballots were opened.
15    (h) Each political party, candidate, and qualified civic
16organization shall be entitled to have present one pollwatcher
17for each panel of election judges therein assigned.
18(Source: P.A. 98-1171, eff. 6-1-15.)
 
19    (10 ILCS 5/19A-10)
20    (Text of Section before amendment by P.A. 98-1171)
21    Sec. 19A-10. Permanent polling places for early voting.
22    (a) An election authority may establish permanent polling
23places for early voting by personal appearance at locations
24throughout the election authority's jurisdiction, including
25but not limited to a municipal clerk's office, a township

 

 

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1clerk's office, a road district clerk's office, or a county or
2local public agency office. Except as otherwise provided in
3subsection (b), any person entitled to vote early by personal
4appearance may do so at any polling place established for early
5voting.
6    (b) If it is impractical for the election authority to
7provide at each polling place for early voting a ballot in
8every form required in the election authority's jurisdiction,
9the election authority may:
10        (1) provide appropriate forms of ballots to the office
11    of the municipal clerk in a municipality not having a board
12    of election commissioners; the township clerk; or in
13    counties not under township organization, the road
14    district clerk; and
15        (2) limit voting at that polling place to registered
16    voters in that municipality, ward or group of wards,
17    township, or road district.
18    If the early voting polling place does not have the correct
19ballot form for a person seeking to vote early, the election
20judge or election official conducting early voting at that
21polling place shall inform the person of that fact, give the
22person the appropriate telephone number of the election
23authority in order to locate an early voting polling place with
24the correct ballot form for use in that person's assigned
25precinct, and instruct the person to go to the proper early
26voting polling place to vote early.

 

 

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1    (c) During each general primary and general election, each
2election authority in a county with a population over 250,000
3shall establish at least one permanent polling place for early
4voting by personal appearance at a location within each of the
53 largest municipalities within its jurisdiction. If any of the
63 largest municipalities is over 80,000, the election authority
7shall establish at least 2 permanent polling places within the
8municipality. All population figures shall be determined by the
9federal census.
10    (d) During each general primary and general election, each
11board of election commissioners established under Article 6 of
12this Code in any city, village, or incorporated town with a
13population over 100,000 shall establish at least 2 permanent
14polling places for early voting by personal appearance. All
15population figures shall be determined by the federal census.
16    (e) During each general primary and general election, each
17election authority in a county with a population of over
18100,000 but under 250,000 persons shall establish at least one
19polling place for early voting by personal appearance. The
20location for early voting may be the election authority's main
21office or another location designated by the election
22authority. The election authority may designate additional
23sites for early voting by personal appearance. All population
24figures shall be determined by the federal census.
25(Source: P.A. 98-691, eff. 7-1-14.)
 

 

 

HB3591- 45 -LRB099 09963 MGM 30182 b

1    (Text of Section after amendment by P.A. 98-1171)
2    Sec. 19A-10. Permanent polling places for early voting.
3    (a) An election authority may establish permanent polling
4places for early voting by personal appearance at locations
5throughout the election authority's jurisdiction, including
6but not limited to a municipal clerk's office, a township
7clerk's office, a road district clerk's office, or a county or
8local public agency office. Any person entitled to vote early
9by personal appearance may do so at any polling place
10established for early voting.
11    (b) (Blank).
12    (c) During each general primary and general election, each
13election authority in a county with a population over 250,000
14shall establish at least one permanent polling place for early
15voting by personal appearance at a location within each of the
163 largest municipalities within its jurisdiction. If any of the
173 largest municipalities is over 80,000, the election authority
18shall establish at least 2 permanent polling places within the
19municipality. All population figures shall be determined by the
20federal census.
21    (d) During each general primary and general election, each
22board of election commissioners established under Article 6 of
23this Code in any city, village, or incorporated town with a
24population over 100,000 shall establish at least 2 permanent
25polling places for early voting by personal appearance. All
26population figures shall be determined by the federal census.

 

 

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1    (e) During each general primary and general election, each
2election authority in a county with a population of over
3100,000 but under 250,000 persons shall establish at least one
4permanent polling place for early voting by personal
5appearance. The location for early voting may be the election
6authority's main office or another location designated by the
7election authority. The election authority may designate
8additional sites for early voting by personal appearance. All
9population figures shall be determined by the federal census.
10    (f) No permanent polling place required by this Section
11shall be located within 1.5 miles from another permanent
12polling place required by this Section, unless such permanent
13polling place is within a municipality with a population of
14500,000 or more.
15(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
16    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
17    (Text of Section before amendment by P.A. 98-1171)
18    Sec. 20-8. Time and place of counting ballots.
19    (a) (Blank.)
20    (b) Each absent voter's ballot returned to an election
21authority, by any means authorized by this Article, and
22received by that election authority before the closing of the
23polls on election day shall be endorsed by the receiving
24election authority with the day and hour of receipt and shall
25be counted in the central ballot counting location of the

 

 

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1election authority on the day of the election after 7:00 p.m.,
2except as provided in subsections (g) and (g-5).
3    (c) Each absent voter's ballot that is mailed to an
4election authority and postmarked by the midnight preceding the
5opening of the polls on election day, but that is received by
6the election authority after the polls close on election day
7and before the close of the period for counting provisional
8ballots cast at that election, shall be endorsed by the
9receiving authority with the day and hour of receipt and shall
10be counted at the central ballot counting location of the
11election authority during the period for counting provisional
12ballots.
13    Each absent voter's ballot that is mailed to an election
14authority absent a postmark, but that is received by the
15election authority after the polls close on election day and
16before the close of the period for counting provisional ballots
17cast at that election, shall be endorsed by the receiving
18authority with the day and hour of receipt, opened to inspect
19the date inserted on the certification, and, if the
20certification date is a date preceding the election day and the
21ballot is otherwise found to be valid under the requirements of
22this Section, counted at the central ballot counting location
23of the election authority during the period for counting
24provisional ballots. Absent a date on the certification, the
25ballot shall not be counted.
26    (d) Special write-in absentee voter's blank ballots

 

 

HB3591- 48 -LRB099 09963 MGM 30182 b

1returned to an election authority, by any means authorized by
2this Article, and received by the election authority at any
3time before the closing of the polls on election day shall be
4endorsed by the receiving election authority with the day and
5hour of receipt and shall be counted at the central ballot
6counting location of the election authority during the same
7period provided for counting absent voters' ballots under
8subsections (b), (g), and (g-5). Special write-in absentee
9voter's blank ballot that are mailed to an election authority
10and postmarked by midnight preceding the opening of the polls
11on election day, but that are received by the election
12authority after the polls close on election day and before the
13closing of the period for counting provisional ballots cast at
14that election, shall be endorsed by the receiving authority
15with the day and hour of receipt and shall be counted at the
16central ballot counting location of the election authority
17during the same periods provided for counting absent voters'
18ballots under subsection (c).
19    (e) Except as otherwise provided in this Section, absent
20voters' ballots and special write-in absentee voter's blank
21ballots received by the election authority after the closing of
22the polls on the day of election shall be endorsed by the
23person receiving the ballots with the day and hour of receipt
24and shall be safely kept unopened by the election authority for
25the period of time required for the preservation of ballots
26used at the election, and shall then, without being opened, be

 

 

HB3591- 49 -LRB099 09963 MGM 30182 b

1destroyed in like manner as the used ballots of that election.
2    (f) Counting required under this Section to begin on
3election day after the closing of the polls shall commence no
4later than 8:00 p.m. and shall be conducted by a panel or
5panels of election judges appointed in the manner provided by
6law. The counting shall continue until all absent voters'
7ballots and special write-in absentee voter's blank ballots
8required to be counted on election day have been counted.
9    (g) The procedures set forth in Articles 17 and 18 of this
10Code shall apply to all ballots counted under this Section. In
11addition, within 2 days after a ballot subject to this Article
12is received, but in all cases before the close of the period
13for counting provisional ballots, the election judge or
14official shall compare the voter's signature on the
15certification envelope of that ballot with the signature of the
16voter on file in the office of the election authority. If the
17election judge or official determines that the 2 signatures
18match, and that the voter is otherwise qualified to cast a
19ballot under this Article, the election authority shall cast
20and count the ballot on election day or the day the ballot is
21determined to be valid, whichever is later, adding the results
22to the precinct in which the voter is registered. If the
23election judge or official determines that the signatures do
24not match, or that the voter is not qualified to cast a ballot
25under this Article, then without opening the certification
26envelope, the judge or official shall mark across the face of

 

 

HB3591- 50 -LRB099 09963 MGM 30182 b

1the certification envelope the word "Rejected" and shall not
2cast or count the ballot.
3    In addition to the voter's signatures not matching, a
4ballot subject to this Article may be rejected by the election
5judge or official:
6        (1) if the ballot envelope is open or has been opened
7    and resealed;
8        (2) if the voter has already cast an early or grace
9    period ballot;
10        (3) if the voter voted in person on election day or the
11    voter is not a duly registered voter in the precinct; or
12        (4) on any other basis set forth in this Code.
13    If the election judge or official determines that any of
14these reasons apply, the judge or official shall mark across
15the face of the certification envelope the word "Rejected" and
16shall not cast or count the ballot.
17    (g-5) If a ballot subject to this Article is rejected by
18the election judge or official for any reason, the election
19authority shall, within 2 days after the rejection but in all
20cases before the close of the period for counting provisional
21ballots, notify the voter that his or her ballot was rejected.
22The notice shall inform the voter of the reason or reasons the
23ballot was rejected and shall state that the voter may appear
24before the election authority, on or before the 14th day after
25the election, to show cause as to why the ballot should not be
26rejected. The voter may present evidence to the election

 

 

HB3591- 51 -LRB099 09963 MGM 30182 b

1authority supporting his or her contention that the ballot
2should be counted. The election authority shall appoint a panel
3of 3 election judges to review the contested ballot,
4application, and certification envelope, as well as any
5evidence submitted by the absentee voter. No more than 2
6election judges on the reviewing panel shall be of the same
7political party. The reviewing panel of election judges shall
8make a final determination as to the validity of the contested
9ballot. The judges' determination shall not be reviewable
10either administratively or judicially.
11    A ballot subject to this subsection that is determined to
12be valid shall be counted before the close of the period for
13counting provisional ballots.
14    (g-10) All ballots determined to be valid shall be added to
15the vote totals for the precincts for which they were cast in
16the order in which the ballots were opened.
17    (h) Each political party, candidate, and qualified civic
18organization shall be entitled to have present one pollwatcher
19for each panel of election judges therein assigned.
20(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2195-699, eff. 11-9-07.)
 
22    (Text of Section after amendment by P.A. 98-1171)
23    Sec. 20-8. Time and place of counting ballots.
24    (a) (Blank.)
25    (b) Each vote by mail voter's ballot returned to an

 

 

HB3591- 52 -LRB099 09963 MGM 30182 b

1election authority, by any means authorized by this Article,
2and received by that election authority may be processed by the
3election authority beginning on the 15th day before election
4day in the central ballot counting location of the election
5authority, but the results of the processing may not be counted
6until the day of the election after 7:00 p.m., except as
7provided in subsections (g) and (g-5).
8    (c) Each vote by mail voter's ballot that is mailed to an
9election authority and postmarked no later than election day,
10but that is received by the election authority after the polls
11close on election day and before the close of the period for
12counting provisional ballots cast at that election, shall be
13endorsed by the receiving authority with the day and hour of
14receipt and shall be counted at the central ballot counting
15location of the election authority during the period for
16counting provisional ballots.
17    Each vote by mail voter's ballot that is mailed to an
18election authority absent a postmark, but that is received by
19the election authority after the polls close on election day
20and before the close of the period for counting provisional
21ballots cast at that election, shall be endorsed by the
22receiving authority with the day and hour of receipt, opened to
23inspect the date inserted on the certification, and, if the
24certification date is a date preceding the election day and the
25ballot is otherwise found to be valid under the requirements of
26this Section, counted at the central ballot counting location

 

 

HB3591- 53 -LRB099 09963 MGM 30182 b

1of the election authority during the period for counting
2provisional ballots. Absent a date on the certification, the
3ballot shall not be counted.
4    (d) Special write-in vote by mail voter's blank ballots
5returned to an election authority, by any means authorized by
6this Article, and received by the election authority at any
7time before the closing of the polls on election day shall be
8endorsed by the receiving election authority with the day and
9hour of receipt and shall be counted at the central ballot
10counting location of the election authority during the same
11period provided for counting vote by mail voters' ballots under
12subsections (b), (g), and (g-5). Special write-in vote by mail
13voter's blank ballot that are mailed to an election authority
14and postmarked by midnight preceding the opening of the polls
15on election day, but that are received by the election
16authority after the polls close on election day and before the
17closing of the period for counting provisional ballots cast at
18that election, shall be endorsed by the receiving authority
19with the day and hour of receipt and shall be counted at the
20central ballot counting location of the election authority
21during the same periods provided for counting vote by mail
22voters' ballots under subsection (c).
23    Notwithstanding any other provision of law to the contrary,
24votes by mail ballots may be processed as they arrive in the
25mail. Notwithstanding any other provision of law to the
26contrary, election authorities shall have more than 15 days to

 

 

HB3591- 54 -LRB099 09963 MGM 30182 b

1process vote by mail ballots.
2    (e) Except as otherwise provided in this Section, vote by
3mail voters' ballots and special write-in vote by mail voter's
4blank ballots received by the election authority after the
5closing of the polls on the day of election shall be endorsed
6by the person receiving the ballots with the day and hour of
7receipt and shall be safely kept unopened by the election
8authority for the period of time required for the preservation
9of ballots used at the election, and shall then, without being
10opened, be destroyed in like manner as the used ballots of that
11election.
12    (f) Counting required under this Section to begin on
13election day after the closing of the polls shall commence no
14later than 8:00 p.m. and shall be conducted by a panel or
15panels of election judges appointed in the manner provided by
16law. The counting shall continue until all vote by mail voters'
17ballots and special write-in vote by mail voter's blank ballots
18required to be counted on election day have been counted.
19    (g) The procedures set forth in Articles 17 and 18 of this
20Code shall apply to all ballots counted under this Section. In
21addition, within 2 days after a ballot subject to this Article
22is received, but in all cases before the close of the period
23for counting provisional ballots, the election judge or
24official shall compare the voter's signature on the
25certification envelope of that ballot with the signature of the
26voter on file in the office of the election authority. If the

 

 

HB3591- 55 -LRB099 09963 MGM 30182 b

1election judge or official determines that the 2 signatures
2match, and that the voter is otherwise qualified to cast a
3ballot under this Article, the election authority shall cast
4and count the ballot on election day or the day the ballot is
5determined to be valid, whichever is later, adding the results
6to the precinct in which the voter is registered. If the
7election judge or official determines that the signatures do
8not match, or that the voter is not qualified to cast a ballot
9under this Article, then without opening the certification
10envelope, the judge or official shall mark across the face of
11the certification envelope the word "Rejected" and shall not
12cast or count the ballot.
13    In addition to the voter's signatures not matching, a
14ballot subject to this Article may be rejected by the election
15judge or official:
16        (1) if the ballot envelope is open or has been opened
17    and resealed;
18        (2) if the voter has already cast an early or grace
19    period ballot;
20        (3) if the voter voted in person on election day or the
21    voter is not a duly registered voter in the precinct; or
22        (4) on any other basis set forth in this Code.
23    If the election judge or official determines that any of
24these reasons apply, the judge or official shall mark across
25the face of the certification envelope the word "Rejected" and
26shall not cast or count the ballot.

 

 

HB3591- 56 -LRB099 09963 MGM 30182 b

1    (g-5) If a ballot subject to this Article is rejected by
2the election judge or official for any reason, the election
3authority shall, within 2 days after the rejection but in all
4cases before the close of the period for counting provisional
5ballots, notify the voter that his or her ballot was rejected.
6The notice shall inform the voter of the reason or reasons the
7ballot was rejected and shall state that the voter may appear
8before the election authority, on or before the 14th day after
9the election, to show cause as to why the ballot should not be
10rejected. The voter may present evidence to the election
11authority supporting his or her contention that the ballot
12should be counted. The election authority shall appoint a panel
13of 3 election judges to review the contested ballot,
14application, and certification envelope, as well as any
15evidence submitted by the vote by mail voter. No more than 2
16election judges on the reviewing panel shall be of the same
17political party. The reviewing panel of election judges shall
18make a final determination as to the validity of the contested
19ballot. The judges' determination shall not be reviewable
20either administratively or judicially.
21    A ballot subject to this subsection that is determined to
22be valid shall be counted before the close of the period for
23counting provisional ballots.
24    (g-10) All ballots determined to be valid shall be added to
25the vote totals for the precincts for which they were cast in
26the order in which the ballots were opened.

 

 

HB3591- 57 -LRB099 09963 MGM 30182 b

1    (h) Each political party, candidate, and qualified civic
2organization shall be entitled to have present one pollwatcher
3for each panel of election judges therein assigned.
4(Source: P.A. 98-1171, eff. 6-1-15.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.