102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4775

 

Introduced 1/27/2022, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/17-9  from Ch. 46, par. 17-9

    Amends the Election Code. Removes a requirement that an election judge initial the ballot after the ballot is properly folded. Removes a requirement for the election authority to provide a space both above and below the perforation for the judge's initials and for the judge to endorse his or her initials in both spaces (in those election jurisdictions where perforated ballot cards are utilized of the type on which write-in votes can be cast above the perforation).


LRB102 24821 AWJ 34066 b

 

 

A BILL FOR

 

HB4775LRB102 24821 AWJ 34066 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
5Section 17-9 as follows:
 
6    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
7    Sec. 17-9. Any person desiring to vote shall give his name
8and, if required to do so, his residence to the judges of
9election, one of whom shall thereupon announce the same in a
10loud and distinct tone of voice, clear, and audible; the
11judges of elections shall check each application for ballot
12against the list of voters registered in that precinct to whom
13grace period, vote by mail, or early ballots have been issued
14for that election, which shall be provided by the election
15authority and which list shall be available for inspection by
16pollwatchers. A voter applying to vote in the precinct on
17election day whose name appears on the list as having been
18issued a grace period, vote by mail, or early ballot shall not
19be permitted to vote in the precinct, except that a voter to
20whom a vote by mail ballot was issued may vote in the precinct
21if the voter submits to the election judges that vote by mail
22ballot for cancellation. If the voter is unable to submit the
23vote by mail ballot, it shall be sufficient for the voter to

 

 

HB4775- 2 -LRB102 24821 AWJ 34066 b

1submit to the election judges (i) a portion of the vote by mail
2ballot if the vote by mail ballot was torn or mutilated or (ii)
3an affidavit executed before the election judges specifying
4that (A) the voter never received a vote by mail ballot or (B)
5the voter completed and returned a vote by mail ballot and was
6informed that the election authority did not receive that vote
7by mail ballot. All applicable provisions of Articles 4, 5 or 6
8shall be complied with and if such name is found on the
9register of voters by the officer having charge thereof, he
10shall likewise repeat said name, and the voter shall be
11allowed to enter within the proximity of the voting booths, as
12above provided. One of the judges shall give the voter one, and
13only one of each ballot to be voted at the election, on the
14back of which ballots such judge shall indorse his initials in
15such manner that they may be seen when each such ballot is
16properly folded, and the voter's name shall be immediately
17checked on the register list. In those election jurisdictions
18where perforated ballot cards are utilized of the type on
19which write-in votes can be cast above the perforation, the
20election authority shall provide a space both above and below
21the perforation for the judge's initials, and the judge shall
22endorse his or her initials in both spaces. Whenever a
23proposal for a constitutional amendment or for the calling of
24a constitutional convention is to be voted upon at the
25election, the separate blue ballot or ballots pertaining
26thereto shall, when being handed to the voter, be placed on top

 

 

HB4775- 3 -LRB102 24821 AWJ 34066 b

1of the other ballots to be voted at the election in such manner
2that the legend appearing on the back thereof, as prescribed
3in Section 16-6 of this Act, shall be plainly visible to the
4voter. At all elections, when a registry may be required, if
5the name of any person so desiring to vote at such election is
6not found on the register of voters, he or she shall not
7receive a ballot until he or she shall have complied with the
8law prescribing the manner and conditions of voting by
9unregistered voters. If any person desiring to vote at any
10election shall be challenged, he or she shall not receive a
11ballot until he or she shall have established his right to vote
12in the manner provided hereinafter; and if he or she shall be
13challenged after he has received his ballot, he shall not be
14permitted to vote until he or she has fully complied with such
15requirements of the law upon being challenged. Besides the
16election officer, not more than 2 voters in excess of the whole
17number of voting booths provided shall be allowed within the
18proximity of the voting booths at one time. The provisions of
19this Act, so far as they require the registration of voters as
20a condition to their being allowed to vote shall not apply to
21persons otherwise entitled to vote, who are, at the time of the
22election, or at any time within 60 days prior to such election
23have been engaged in the military or naval service of the
24United States, and who appear personally at the polling place
25on election day and produce to the judges of election
26satisfactory evidence thereof, but such persons, if otherwise

 

 

HB4775- 4 -LRB102 24821 AWJ 34066 b

1qualified to vote, shall be permitted to vote at such election
2without previous registration.
3    All such persons shall also make an affidavit which shall
4be in substantially the following form:
5State of Illinois,)
6                  ) ss.
7County of ........)
8............... Precinct   .......... Ward
9    I, ...., do solemnly swear (or affirm) that I am a citizen
10of the United States, of the age of 18 years or over, and that
11within the past 60 days prior to the date of this election at
12which I am applying to vote, I have been engaged in the ....
13(military or naval) service of the United States; and I am
14qualified to vote under and by virtue of the Constitution and
15laws of the State of Illinois, and that I am a legally
16qualified voter of this precinct and ward except that I have,
17because of such service, been unable to register as a voter;
18that I now reside at .... (insert street and number, if any) in
19this precinct and ward; that I have maintained a legal
20residence in this precinct and ward for 30 days and in this
21State 30 days next preceding this election.
22
.........................
23    Subscribed and sworn to before me on (insert date).
24
.........................
25
Judge of Election.

 

 

 

HB4775- 5 -LRB102 24821 AWJ 34066 b

1    The affidavit of any such person shall be supported by the
2affidavit of a resident and qualified voter of any such
3precinct and ward, which affidavit shall be in substantially
4the following form:
5State of Illinois,)
6                  ) ss.
7County of ........)
8........... Precinct   ........... Ward
9    I, ...., do solemnly swear (or affirm), that I am a
10resident of this precinct and ward and entitled to vote at this
11election; that I am acquainted with .... (name of the
12applicant); that I verily believe him to be an actual bona fide
13resident of this precinct and ward and that I verily believe
14that he or she has maintained a legal residence therein 30 days
15and in this State 30 days next preceding this election.
16
.........................
17    Subscribed and sworn to before me on (insert date).
18
.........................
19
Judge of Election.

 
20    All affidavits made under the provisions of this Section
21shall be enclosed in a separate envelope securely sealed, and
22shall be transmitted with the returns of the elections to the
23county clerk or to the board of election commissioners, who
24shall preserve the said affidavits for the period of 6 months,
25during which period such affidavits shall be deemed public

 

 

HB4775- 6 -LRB102 24821 AWJ 34066 b

1records and shall be freely open to examination as such.
2(Source: P.A. 98-1171, eff. 6-1-15.)