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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||
5 | Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding | |||||||||||||||||||||||||||||||
6 | Sections 1-14 and 3-8 as follows: | |||||||||||||||||||||||||||||||
7 | (10 ILCS 5/1-14 new) | |||||||||||||||||||||||||||||||
8 | Sec. 1-14. Voter Identification Card. | |||||||||||||||||||||||||||||||
9 | (a) Issuance. The Secretary of State shall issue a Voter | |||||||||||||||||||||||||||||||
10 | Identification Card to each registered voter who does not have | |||||||||||||||||||||||||||||||
11 | an acceptable form of photo identification card as defined in | |||||||||||||||||||||||||||||||
12 | Section 3-8. The Voter Identification Card shall include at | |||||||||||||||||||||||||||||||
13 | least: (i) the voter's name, signature, and photograph; (ii) | |||||||||||||||||||||||||||||||
14 | the State seal; and (iii) the voter's current residence | |||||||||||||||||||||||||||||||
15 | address. A Voter Identification Card is valid for as long as | |||||||||||||||||||||||||||||||
16 | the registered voter maintains the name and residence on the | |||||||||||||||||||||||||||||||
17 | Card. A Voter Identification Card may not be used for any | |||||||||||||||||||||||||||||||
18 | purpose other than to vote in Illinois. | |||||||||||||||||||||||||||||||
19 | (b) Intent and purpose. It is the intent of the General | |||||||||||||||||||||||||||||||
20 | Assembly to provide the Secretary of State with guidance on | |||||||||||||||||||||||||||||||
21 | how to issue the Voter Identification Card to those | |||||||||||||||||||||||||||||||
22 | individuals who do not have an acceptable form of photo | |||||||||||||||||||||||||||||||
23 | identification as defined in Section 3-8. |
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1 | (c) Application for the Voter Identification Card. Within | ||||||
2 | a reasonable time after the effective date of this amendatory | ||||||
3 | Act of the 103rd General Assembly, the Secretary of State | ||||||
4 | shall provide application forms for the Voter Identification | ||||||
5 | Card. Any registered voter who meets the criteria set forth in | ||||||
6 | this Section and who provides the proper documentation | ||||||
7 | required under subsection (d) shall receive a Voter | ||||||
8 | Identification Card. | ||||||
9 | (d) Documentation required. The Secretary of State shall | ||||||
10 | require the presentation and verification of the following | ||||||
11 | information for issuance of a Voter Registration Card: | ||||||
12 | (1) A photo identity document, except that a non-photo | ||||||
13 | identity document, as defined in subsection (e), is | ||||||
14 | acceptable if it includes both the applicant's name and | ||||||
15 | date of birth. | ||||||
16 | (2) Documentation showing the applicant's date of | ||||||
17 | birth. | ||||||
18 | (3) Evidence of voter registration. | ||||||
19 | (4) Documentation, as defined in subsection (f), | ||||||
20 | showing the applicant's name and principal residence | ||||||
21 | address. | ||||||
22 | (e) Non-photo identity document. A non-photo identity | ||||||
23 | document must include the applicant's name and date of birth. | ||||||
24 | Any of the following shall constitute a non-photo identity | ||||||
25 | document in lieu of a photo identity document: | ||||||
26 | (1) An original birth certificate or certified copy of |
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1 | a birth certificate. | ||||||
2 | (2) A voter registration card. | ||||||
3 | (3) A copy of records filed in court by the applicant | ||||||
4 | or on behalf of the applicant by the applicant's counsel. | ||||||
5 | (4) A naturalization document. | ||||||
6 | (5) A copy of the applicant's marriage license. | ||||||
7 | (6) A copy of the State or federal tax return filed by | ||||||
8 | the applicant for the previous calendar year. | ||||||
9 | (7) An original of the annual Social Security | ||||||
10 | statement received by the applicant for the current or | ||||||
11 | preceding calendar year. | ||||||
12 | (8) An original of a Medicare or Medicaid statement | ||||||
13 | received by the applicant. | ||||||
14 | (9) A certified school record or transcript for the | ||||||
15 | current or preceding calendar year. | ||||||
16 | (f) Documentation of name and address. Any of the | ||||||
17 | following documents shall be acceptable as documentation of | ||||||
18 | the applicant's name and current address: | ||||||
19 | (1) A voter registration card. | ||||||
20 | (2) A utility bill or cable bill. | ||||||
21 | (3) A bank statement issued within the last 60 days. | ||||||
22 | (4) A valid and current rental agreement. | ||||||
23 | (5) A copy of the State or federal tax return filed by | ||||||
24 | the applicant for the previous calendar year. | ||||||
25 | (6) A homeowner's insurance policy or bill for the | ||||||
26 | current or preceding year. |
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1 | (7) A mortgage, deed, or property tax bill for the | ||||||
2 | current or preceding year. | ||||||
3 | (8) A W-2 for the preceding calendar year. | ||||||
4 | (g) Exemptions. Voters who are indigent and unable to | ||||||
5 | obtain a Voter Identification Card without a fee and voters | ||||||
6 | who have a religious objection to being photographed may vote | ||||||
7 | a provisional ballot and sign an affidavit that indicates one | ||||||
8 | of the exemptions stated in this subsection. An indigent | ||||||
9 | person is defined as an individual whose income is 125% or less | ||||||
10 | of current federal poverty income guidelines. | ||||||
11 | (10 ILCS 5/3-8 new) | ||||||
12 | Sec. 3-8. Acceptable forms of photo identification for | ||||||
13 | voting purposes. As used in this Code, acceptable forms of | ||||||
14 | photo identification for voting purposes include: | ||||||
15 | (1) An Illinois Driver's License. | ||||||
16 | (2) A State Identification Card. | ||||||
17 | (3) An Illinois Disabled Person Identification Card. | ||||||
18 | (4) A Senior Citizen Identification Card. | ||||||
19 | (5) A FOID Card. | ||||||
20 | (6) A U.S. Passport with the voter's current address. | ||||||
21 | (7) Any other government-issued identification card | ||||||
22 | that includes the voter's name, current photograph, and | ||||||
23 | current address. | ||||||
24 | All photo identification cards must be valid and current. |
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1 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
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2 | Sec. 17-9. Any person desiring to vote shall (i) present | ||||||
3 | to the judges of election for verification of the person's | ||||||
4 | identity a government-issued photo identification card, as | ||||||
5 | defined in Section 3-8, or his or her Voter Identification | ||||||
6 | Card and (ii) give his name and, if
required to do so, his | ||||||
7 | residence to the judges of election, one of whom
shall | ||||||
8 | thereupon announce the same in a loud and distinct tone of | ||||||
9 | voice,
clear, and audible; the judges of elections shall check | ||||||
10 | each application
for ballot against the list of voters | ||||||
11 | registered in that precinct to
whom grace period, vote by | ||||||
12 | mail,
or early
ballots have been issued for that election, | ||||||
13 | which shall be
provided by the election authority and which | ||||||
14 | list shall be available for
inspection by pollwatchers. A | ||||||
15 | voter applying to vote in the
precinct on election day whose | ||||||
16 | name appears on the list as having
been issued a grace period, | ||||||
17 | vote by mail,
or early
ballot shall not be permitted to vote in | ||||||
18 | the
precinct, except that a voter to whom a vote by mail ballot | ||||||
19 | was issued may vote in the precinct if the voter submits to the | ||||||
20 | election judges that vote by mail ballot for cancellation. If | ||||||
21 | the voter is unable to submit the vote by mail ballot, it shall | ||||||
22 | be sufficient for the voter to submit to the election judges | ||||||
23 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
24 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
25 | before the election judges specifying that (A) the voter never | ||||||
26 | received a vote by mail ballot or (B) the voter completed and |
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1 | returned a vote by mail ballot and was informed that the | ||||||
2 | election authority did not receive that vote by mail ballot. | ||||||
3 | All applicable provisions of Articles
4, 5 or 6 shall be | ||||||
4 | complied with and if such name is found on the register of
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5 | voters by the
officer having charge thereof, he shall likewise | ||||||
6 | repeat said name, and
the voter shall be allowed to enter | ||||||
7 | within the proximity of the voting
booths, as above provided. | ||||||
8 | One of the judges shall give the voter one,
and only one of | ||||||
9 | each ballot to be voted at the election, on the back of
which | ||||||
10 | ballots such judge shall indorse his initials in such manner | ||||||
11 | that
they may be seen when each such ballot is properly folded, | ||||||
12 | and the
voter's name shall be immediately checked on the | ||||||
13 | register list. In those
election jurisdictions where | ||||||
14 | perforated ballot cards are utilized of the
type on which | ||||||
15 | write-in votes can be cast above the perforation, the election
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16 | authority shall provide a space both above and below the | ||||||
17 | perforation for
the judge's initials, and the judge shall | ||||||
18 | endorse his or her initials in
both spaces. Whenever
a | ||||||
19 | proposal for a constitutional amendment or for the calling of | ||||||
20 | a
constitutional convention is to be voted upon at the | ||||||
21 | election, the
separate blue ballot or ballots pertaining | ||||||
22 | thereto shall, when being
handed to the voter, be placed on top | ||||||
23 | of the other ballots to be voted
at the election in such manner | ||||||
24 | that the legend appearing on the back
thereof, as prescribed | ||||||
25 | in Section 16-6 of this Act, shall be plainly
visible to the | ||||||
26 | voter. At all elections, when a registry may be
required, if |
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1 | the name of any person so desiring to vote at such election
is | ||||||
2 | not found on the register of voters, he or she shall not | ||||||
3 | receive a ballot
until he or she shall have complied with the | ||||||
4 | law prescribing the manner and
conditions of voting by | ||||||
5 | unregistered voters. If any person desiring to
vote at any | ||||||
6 | election shall be challenged, he or she shall not receive a | ||||||
7 | ballot
until he or she shall have established his right to vote | ||||||
8 | in the manner provided
hereinafter; and if he or she shall be | ||||||
9 | challenged after he has received his
ballot, he shall not be | ||||||
10 | permitted to vote until he or she has fully complied
with such | ||||||
11 | requirements of the law upon being challenged. Besides the
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12 | election officer, not more than 2 voters in excess of the whole | ||||||
13 | number
of voting booths provided shall be allowed within the | ||||||
14 | proximity of the voting
booths at one
time. The provisions of | ||||||
15 | this Act, so far as they require the
registration of voters as | ||||||
16 | a condition to their being allowed to vote
shall not apply to | ||||||
17 | persons otherwise entitled to vote, who are, at the
time of the | ||||||
18 | election, or at any time within 60 days prior to such
election | ||||||
19 | have been engaged in the military or naval service of the
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20 | United States, and who appear personally at the polling place | ||||||
21 | on
election day and produce to the judges of election | ||||||
22 | satisfactory evidence
thereof, but such persons, if otherwise | ||||||
23 | qualified to vote, shall be
permitted to vote at such election | ||||||
24 | without previous registration.
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25 | All such persons shall also make an affidavit which shall | ||||||
26 | be in
substantially the following form:
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1 | State of Illinois,)
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2 | ) ss.
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3 | County of ........)
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4 | ............... Precinct .......... Ward
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5 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
6 | of the
United States, of the age of 18 years or over, and that | ||||||
7 | within the past
60 days prior to the date of this election at | ||||||
8 | which I am applying to
vote, I have been engaged in the .... | ||||||
9 | (military or naval) service of the
United States; and I am | ||||||
10 | qualified to vote under and by virtue of the
Constitution and | ||||||
11 | laws of the State of Illinois, and that I am a legally
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12 | qualified voter of this precinct and ward except that I have, | ||||||
13 | because of
such service, been unable to register as a voter; | ||||||
14 | that I now reside at
.... (insert street and number, if any) in | ||||||
15 | this precinct and ward; that I
have maintained a legal | ||||||
16 | residence in this precinct and ward for 30 days
and in this | ||||||
17 | State 30 days next preceding this election.
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18 | .........................
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19 | Subscribed and sworn to before me on (insert date).
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20 | .........................
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21 | Judge of Election.
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22 | The affidavit of any such person shall be supported by the | ||||||
23 | affidavit
of a resident and qualified voter of any such | ||||||
24 | precinct and ward, which
affidavit shall be in substantially | ||||||
25 | the following form:
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1 | State of Illinois,)
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2 | ) ss.
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3 | County of ........)
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4 | ........... Precinct ........... Ward
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5 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
6 | resident of this
precinct and ward and entitled to vote at this | ||||||
7 | election; that I am
acquainted with .... (name of the | ||||||
8 | applicant); that I verily believe him
to be an actual bona fide | ||||||
9 | resident of this precinct and ward and that I
verily believe | ||||||
10 | that he or she has maintained a legal residence therein 30 days
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11 | and in this State 30 days next preceding this election.
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12 | .........................
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13 | Subscribed and sworn to before me on (insert date).
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14 | .........................
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15 | Judge of Election.
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16 | All affidavits made under the provisions of this Section | ||||||
17 | shall be
enclosed in a separate envelope securely sealed, and | ||||||
18 | shall be
transmitted with the returns of the elections to the | ||||||
19 | county clerk or to
the board of election commissioners, who | ||||||
20 | shall preserve the said
affidavits for the period of 6 months, | ||||||
21 | during which period such
affidavits shall be deemed public | ||||||
22 | records and shall be freely open to
examination as such.
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23 | (Source: P.A. 98-1171, eff. 6-1-15 .)
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24 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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1 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
2 | found upon
the register of voters by the person having charge | ||||||
3 | thereof, shall (i) present to the judges of election for | ||||||
4 | verification of the person's identity a government-issued | ||||||
5 | photo identification card, as defined in Section 3-8, or his | ||||||
6 | or her Voter Identification Card, (ii) shall then
be | ||||||
7 | questioned by one of the judges as to his nativity, his term of
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8 | residence at present address, precinct, State and United | ||||||
9 | States, his
age, whether naturalized and if so the date of | ||||||
10 | naturalization papers and
court from which secured, and (iii) | ||||||
11 | he shall be asked to state his residence
when last previously | ||||||
12 | registered and the date of the election for which
he then | ||||||
13 | registered. The judges of elections shall check each | ||||||
14 | application
for ballot against the list of voters registered | ||||||
15 | in that precinct to whom
grace period, vote by mail, and early | ||||||
16 | ballots have been issued for that election, which shall
be | ||||||
17 | provided
by the election authority and which list shall be | ||||||
18 | available for inspection
by pollwatchers. A voter applying to | ||||||
19 | vote in
the precinct on
election day whose name appears on the | ||||||
20 | list as having been issued a grace period, vote by mail,
or | ||||||
21 | early ballot shall not be permitted to vote in the precinct, | ||||||
22 | except that a voter to whom a vote by mail ballot was issued | ||||||
23 | may vote in the precinct if the voter submits to the election | ||||||
24 | judges that vote by mail ballot for cancellation. If the voter | ||||||
25 | is unable to submit the vote by mail ballot, it shall be | ||||||
26 | sufficient for the voter to submit to the election judges (i) a |
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1 | portion of the vote by mail ballot if the vote by mail ballot | ||||||
2 | was torn or mutilated or (ii) an affidavit executed before the | ||||||
3 | election judges specifying that (A) the voter never received a | ||||||
4 | vote by mail ballot or (B) the voter completed and returned a | ||||||
5 | vote by mail ballot and was informed that the election | ||||||
6 | authority did not receive that vote by mail ballot.
If such | ||||||
7 | person
so registered shall be challenged as disqualified, the | ||||||
8 | party challenging
shall assign his reasons therefor, and | ||||||
9 | thereupon one of the judges shall
administer to him an oath to | ||||||
10 | answer questions, and if he shall take the
oath he shall then | ||||||
11 | be questioned by the judge or judges touching such cause
of | ||||||
12 | challenge, and touching any other cause of disqualification. | ||||||
13 | And he may
also be questioned by the person challenging him in | ||||||
14 | regard to his
qualifications and identity. But if a majority | ||||||
15 | of the judges are of the
opinion that he is the person so | ||||||
16 | registered and a qualified voter, his vote
shall then be | ||||||
17 | received accordingly. But if his vote be rejected by such
| ||||||
18 | judges, such person may afterward produce and deliver an | ||||||
19 | affidavit to such
judges, subscribed and sworn to by him | ||||||
20 | before one of the judges, in which
it shall be stated how long | ||||||
21 | he has resided in such precinct, and state;
that he is a | ||||||
22 | citizen of the United States, and is a duly qualified voter in
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23 | such precinct, and that he is the identical person so | ||||||
24 | registered.
In addition to such an affidavit, the person so | ||||||
25 | challenged shall provide
to the judges of election proof of | ||||||
26 | residence by producing 2 forms of
identification showing the |
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1 | person's current residence address, provided
that such | ||||||
2 | identification may include a lease or contract for a residence | ||||||
3 | and not more than one piece of mail addressed to the person at | ||||||
4 | his current residence address and
postmarked not earlier than | ||||||
5 | 30 days prior to the date of the
election, or the person shall | ||||||
6 | procure a witness personally known to the
judges of election, | ||||||
7 | and resident in the precinct (or district), or who
shall be | ||||||
8 | proved by some legal voter of such precinct or district, known | ||||||
9 | to
the judges to be such, who shall take the oath following, | ||||||
10 | viz:
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11 | I do solemnly swear (or affirm) that I am a resident of | ||||||
12 | this election
precinct (or district), and entitled to vote at | ||||||
13 | this election, and that I
have been a resident of this State | ||||||
14 | for 30 days last past, and am well
acquainted with the person | ||||||
15 | whose vote is now offered; that he is an actual
and bona fide | ||||||
16 | resident of this election precinct (or district), and has
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17 | resided herein 30 days, and as I verily believe, in this State, | ||||||
18 | 30 days
next preceding this election.
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19 | The oath in each case may be administered by one of the | ||||||
20 | judges of
election, or by any officer, resident in the | ||||||
21 | precinct or district,
authorized by law to administer oaths. | ||||||
22 | Also supported by an affidavit by a
registered voter residing | ||||||
23 | in such precinct, stating his own residence, and
that he knows | ||||||
24 | such person; and that he does reside at the place mentioned
and | ||||||
25 | has resided in such precinct and state for the length of time | ||||||
26 | as stated
by such person, which shall be subscribed and sworn |
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1 | to in the same way.
For purposes of this Section, the | ||||||
2 | submission of a photo identification issued by a college or | ||||||
3 | university, accompanied by either (i) a copy of the | ||||||
4 | applicant's contract or lease for a residence or (ii) one | ||||||
5 | piece of mail addressed to the person at his or her current | ||||||
6 | residence address and postmarked not earlier than 30 days | ||||||
7 | prior to the date of the election, shall be sufficient to | ||||||
8 | establish proof of residence. Whereupon the vote of such | ||||||
9 | person shall be received, and entered as other
votes. But such | ||||||
10 | judges, having charge of such registers, shall state in
their | ||||||
11 | respective books the facts in such case, and the affidavits, | ||||||
12 | so
delivered to the judges, shall be preserved and returned to | ||||||
13 | the office of
the commissioners of election. Blank affidavits | ||||||
14 | of the character aforesaid
shall be sent out to the judges of | ||||||
15 | all the precincts, and the judges of
election shall furnish | ||||||
16 | the same on demand and administer the oaths without
criticism. | ||||||
17 | Such oaths, if administered by any other officer than such | ||||||
18 | judge
of election, shall not be received. Whenever a proposal | ||||||
19 | for a
constitutional amendment or for the calling of a | ||||||
20 | constitutional convention
is to be voted upon at the election, | ||||||
21 | the separate blue ballot or ballots
pertaining thereto shall | ||||||
22 | be placed on top of the other ballots to be voted
at the | ||||||
23 | election in such manner that the legend appearing on the back
| ||||||
24 | thereof, as prescribed in Section 16-6 of this Act, shall be | ||||||
25 | plainly
visible to the voter, and in this fashion the ballots | ||||||
26 | shall be handed to
the voter by the judge.
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1 | Immediately after voting, the voter shall be instructed | ||||||
2 | whether the voting equipment, if used, accepted or rejected | ||||||
3 | the ballot or identified the ballot as under-voted. A voter | ||||||
4 | whose ballot is identified as under-voted for a statewide | ||||||
5 | constitutional office may return to the voting booth and | ||||||
6 | complete the voting of that ballot. A voter whose ballot is not | ||||||
7 | accepted by the voting equipment may, upon surrendering the | ||||||
8 | ballot, request and vote another ballot. The voter's | ||||||
9 | surrendered ballot shall be initialed by the election judge | ||||||
10 | and handled as provided in the appropriate Article governing | ||||||
11 | that voting equipment. | ||||||
12 | The voter shall, upon quitting the voting booth, deliver | ||||||
13 | to one of
the judges of election all of the ballots, properly | ||||||
14 | folded, which he
received. The judge of election to whom the | ||||||
15 | voter delivers his ballots
shall not accept the same unless | ||||||
16 | all of the ballots given to the voter
are returned by him. If a | ||||||
17 | voter delivers less than all of the ballots
given to him, the | ||||||
18 | judge to whom the same are offered shall advise him in
a voice | ||||||
19 | clearly audible to the other judges of election that the voter
| ||||||
20 | must return the remainder of the ballots. The statement of the | ||||||
21 | judge to
the voter shall clearly express the fact that the | ||||||
22 | voter is not required
to vote such remaining ballots but that | ||||||
23 | whether or not he votes them he
must fold and deliver them to | ||||||
24 | the judge. In making such statement the
judge of election | ||||||
25 | shall not indicate by word, gesture or intonation of
voice | ||||||
26 | that the unreturned ballots shall be voted in any particular
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1 | manner. No new voter shall be permitted to enter the voting | ||||||
2 | booth of a
voter who has failed to deliver the total number of | ||||||
3 | ballots received by
him until such voter has returned to the | ||||||
4 | voting booth pursuant to the
judge's request and again quit | ||||||
5 | the booth with all of the ballots
required to be returned by | ||||||
6 | him. Upon receipt of all such ballots the
judges of election | ||||||
7 | shall enter the name of the voter, and his number, as
above | ||||||
8 | provided in this Section, and the judge to whom the ballots are
| ||||||
9 | delivered shall immediately put the ballots into the ballot | ||||||
10 | box. If any
voter who has failed to deliver all the ballots | ||||||
11 | received by him refuses
to return to the voting booth after | ||||||
12 | being advised by the judge of
election as herein provided, the | ||||||
13 | judge shall inform the other judges of
such refusal, and | ||||||
14 | thereupon the ballot or ballots returned to the judge
shall be | ||||||
15 | deposited in the ballot box, the voter shall be permitted to
| ||||||
16 | depart from the polling place, and a new voter shall be | ||||||
17 | permitted to
enter the voting booth.
| ||||||
18 | The judge of election who receives the ballot or ballots | ||||||
19 | from the
voter shall announce the residence and name of such | ||||||
20 | voter in a loud
voice. The judge shall put the ballot or | ||||||
21 | ballots received from the voter
into the ballot box in the | ||||||
22 | presence of the voter and the judges of
election, and in plain | ||||||
23 | view of the public. The judges having charge of
such registers | ||||||
24 | shall then, in a column prepared thereon, in the same
line of, | ||||||
25 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
26 | No judge of election shall accept from any voter less than |
| |||||||
| |||||||
1 | the full
number of ballots received by such voter without | ||||||
2 | first advising the
voter in the manner above provided of the | ||||||
3 | necessity of returning all of
the ballots, nor shall any such | ||||||
4 | judge advise such voter in a manner
contrary to that which is | ||||||
5 | herein permitted, or in any other manner
violate the | ||||||
6 | provisions of this Section; provided, that the acceptance by
a | ||||||
7 | judge of election of less than the full number of ballots | ||||||
8 | delivered to
a voter who refuses to return to the voting booth | ||||||
9 | after being properly
advised by such judge shall not be a | ||||||
10 | violation of this Section.
| ||||||
11 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
12 | (10 ILCS 5/18A-5)
| ||||||
13 | Sec. 18A-5. Provisional voting; general provisions.
| ||||||
14 | (a) A person who claims to be a registered voter is | ||||||
15 | entitled to cast a
provisional ballot under the following | ||||||
16 | circumstances:
| ||||||
17 | (1) The person's name does not appear on the official | ||||||
18 | list of eligible
voters for the precinct in which
the | ||||||
19 | person seeks to vote and the person has refused an | ||||||
20 | opportunity to register at the polling location or another | ||||||
21 | grace period registration site. The official list is the | ||||||
22 | centralized statewide voter registration list established | ||||||
23 | and maintained in accordance with Section 1A-25;
| ||||||
24 | (2) The person's voting status has been challenged by | ||||||
25 | an election judge, a
pollwatcher, or any legal voter and |
| |||||||
| |||||||
1 | that challenge has been sustained by a
majority of the | ||||||
2 | election judges;
| ||||||
3 | (3) A federal or State court order extends the time | ||||||
4 | for closing the polls
beyond the time period established | ||||||
5 | by State law and the person votes during the
extended time | ||||||
6 | period;
| ||||||
7 | (4) The voter registered to vote by mail and is | ||||||
8 | required by law to
present identification when voting | ||||||
9 | either in person , in the case of a voter who registered by | ||||||
10 | mail, when voting or by early voting ballot, but
fails to | ||||||
11 | provide an acceptable form of photo identification as | ||||||
12 | described in Section 3-8, or a Voter Identification Card | ||||||
13 | issued under Section 1-14 do so ;
| ||||||
14 | (5) The voter's name appears on the list of voters who | ||||||
15 | voted during the early voting period, but the voter claims | ||||||
16 | not to have voted during the early voting period; | ||||||
17 | (6) The voter received a vote by mail ballot but did | ||||||
18 | not return the vote by mail ballot to the election | ||||||
19 | authority; or | ||||||
20 | (7) The voter attempted to register to vote on | ||||||
21 | election day, but failed to provide the necessary | ||||||
22 | documentation. | ||||||
23 | (b) The procedure for obtaining and casting a provisional | ||||||
24 | ballot at the
polling place
shall be as follows:
| ||||||
25 | (1) After first verifying through an examination of | ||||||
26 | the precinct register that the person's address is within |
| |||||||
| |||||||
1 | the precinct boundaries, an election judge at the polling | ||||||
2 | place shall notify a person who is
entitled to cast a | ||||||
3 | provisional ballot pursuant to subsection (a)
that he or | ||||||
4 | she may cast a provisional ballot in that election.
An | ||||||
5 | election judge
must accept any information provided by a | ||||||
6 | person who casts a provisional ballot
that the person | ||||||
7 | believes supports his or her claim that he or she is a duly
| ||||||
8 | registered voter and qualified to vote in the election. | ||||||
9 | However, if the person's residence address is outside the | ||||||
10 | precinct boundaries, the election judge shall inform the | ||||||
11 | person of that fact, give the person the appropriate | ||||||
12 | telephone number of the election authority in order to | ||||||
13 | locate the polling place assigned to serve that address, | ||||||
14 | and instruct the person to go to the proper polling place | ||||||
15 | to vote.
| ||||||
16 | (2) The person shall execute a written form provided | ||||||
17 | by the
election judge that shall state or contain all of | ||||||
18 | the following that is available:
| ||||||
19 |
(i) an affidavit stating the following:
| ||||||
20 | State of Illinois, County of ................, | ||||||
21 | Township
.............,
Precinct ........, Ward | ||||||
22 | ........, I, ......................., do solemnly
| ||||||
23 | swear (or affirm) that: I am a citizen of the | ||||||
24 | United States; I am 18 years of
age or older; I | ||||||
25 | have resided in this State and in this precinct | ||||||
26 | for 30 days
preceding this election; I have not |
| |||||||
| |||||||
1 | voted in this election; I am a duly
registered | ||||||
2 | voter in every respect; and I am eligible to vote | ||||||
3 | in this election.
Signature ...... Printed Name of | ||||||
4 | Voter ....... Printed Residence
Address of Voter | ||||||
5 | ...... City
...... State .... Zip Code ..... | ||||||
6 | Telephone Number ...... Date of Birth .......
and | ||||||
7 | Illinois Driver's License Number ....... or Last 4 | ||||||
8 | digits of Social
Security
Number ...... or State | ||||||
9 | Identification Card
Number issued to you by the | ||||||
10 | Illinois Secretary of State ........
| ||||||
11 | (ii) A box for the election judge to check one of | ||||||
12 | the reasons why the
person was given a provisional | ||||||
13 | ballot under subsection (a) of this Section.
| ||||||
14 | (iii) An area for the election judge to affix his | ||||||
15 | or her signature and to
set forth any facts that | ||||||
16 | support or oppose the allegation that the person is
| ||||||
17 | not qualified to vote in the precinct in which the | ||||||
18 | person is seeking to vote.
| ||||||
19 | The written affidavit form described in this | ||||||
20 | subsection (b)(2) must be
printed on a multi-part form | ||||||
21 | prescribed by the county clerk or board of
election | ||||||
22 | commissioners, as the case may be.
| ||||||
23 | (3) After the person executes the portion of the | ||||||
24 | written affidavit described
in subsection (b)(2)(i) of | ||||||
25 | this Section, the election judge shall complete the
| ||||||
26 | portion of the written affidavit described in subsection |
| |||||||
| |||||||
1 | (b)(2)(iii) and
(b)(2)(iv).
| ||||||
2 | (4) The election judge shall give a copy of the | ||||||
3 | completed written affidavit
to the person. The election | ||||||
4 | judge shall place the original written affidavit in
a | ||||||
5 | self-adhesive clear plastic packing list envelope that | ||||||
6 | must be attached to a
separate envelope marked as a | ||||||
7 | "provisional ballot envelope". The election judge
shall | ||||||
8 | also place any information provided by the person who | ||||||
9 | casts a provisional
ballot in the clear plastic packing | ||||||
10 | list envelope. Each county clerk or board
of election | ||||||
11 | commissioners, as the case may be,
must design, obtain or | ||||||
12 | procure self-adhesive clear plastic packing list
envelopes | ||||||
13 | and provisional ballot envelopes that are suitable for | ||||||
14 | implementing
this subsection (b)(4) of this Section.
| ||||||
15 | (5) The election judge shall provide the person with a | ||||||
16 | provisional ballot,
written instructions for casting a | ||||||
17 | provisional ballot, and the provisional
ballot envelope | ||||||
18 | with the clear plastic packing list envelope affixed to | ||||||
19 | it,
which contains the person's original written affidavit | ||||||
20 | and, if any, information
provided by the provisional voter | ||||||
21 | to support his or her claim that he or she is
a duly | ||||||
22 | registered voter. An election judge must also give the | ||||||
23 | person written
information that states that any person who | ||||||
24 | casts a provisional ballot shall be
able to ascertain, | ||||||
25 | pursuant to guidelines established by the State Board of
| ||||||
26 | Elections, whether the provisional vote was counted in the |
| |||||||
| |||||||
1 | official canvass of
votes for that election and, if the | ||||||
2 | provisional vote was not counted, the
reason that the vote | ||||||
3 | was not counted.
| ||||||
4 | (6) After the person has completed marking his or her | ||||||
5 | provisional ballot, he
or she shall place the marked | ||||||
6 | ballot inside of the provisional ballot envelope,
close | ||||||
7 | and seal the envelope, and return the envelope to an | ||||||
8 | election judge, who
shall then deposit the sealed | ||||||
9 | provisional ballot envelope into a securable
container | ||||||
10 | separately identified and utilized for containing sealed | ||||||
11 | provisional
ballot envelopes. Ballots that are provisional | ||||||
12 | because they are cast after 7:00 p.m. by court
order shall | ||||||
13 | be kept separate from other provisional ballots. Upon the | ||||||
14 | closing of the polls, the securable container shall
be
| ||||||
15 | sealed with filament tape provided for that purpose, which | ||||||
16 | shall be wrapped
around the box lengthwise and crosswise, | ||||||
17 | at least twice each way, and each of
the election judges | ||||||
18 | shall sign the seal.
| ||||||
19 | (c) Instead of the affidavit form described in subsection | ||||||
20 | (b), the county
clerk or board of election commissioners, as | ||||||
21 | the case may be, may design and
use a multi-part affidavit form | ||||||
22 | that is imprinted upon or attached to the
provisional ballot | ||||||
23 | envelope described in subsection (b). If a county clerk or
| ||||||
24 | board of election commissioners elects to design and use its | ||||||
25 | own multi-part
affidavit form, then the county clerk or board | ||||||
26 | of election commissioners shall
establish a mechanism for |
| |||||||
| |||||||
1 | accepting any information the provisional voter has
supplied | ||||||
2 | to the election judge to support his or her claim that he or | ||||||
3 | she is a
duly registered voter. In all other respects, a county | ||||||
4 | clerk or board of
election commissioners shall establish | ||||||
5 | procedures consistent with subsection
(b).
| ||||||
6 | (d) The county clerk or board of election commissioners, | ||||||
7 | as the case may be,
shall use the completed affidavit form | ||||||
8 | described in subsection (b) to update
the person's voter | ||||||
9 | registration information in the State voter registration
| ||||||
10 | database and voter registration database of the county clerk | ||||||
11 | or board of
election commissioners, as the case may be. If a | ||||||
12 | person is later determined not
to be a registered voter based | ||||||
13 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
14 | processed by the county clerk or board of election
| ||||||
15 | commissioners, as the case may be, as a voter registration | ||||||
16 | application.
| ||||||
17 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
18 | (10 ILCS 5/18A-15)
| ||||||
19 | Sec. 18A-15. Validating and counting provisional ballots.
| ||||||
20 | (a) The county clerk or board of election commissioners | ||||||
21 | shall complete the
validation and counting of provisional | ||||||
22 | ballots within 14 calendar days of
the day of the election. The | ||||||
23 | county clerk or board of election commissioners
shall have 7 | ||||||
24 | calendar days from the completion of the validation and
| ||||||
25 | counting of provisional ballots to conduct its final canvass. |
| |||||||
| |||||||
1 | The State Board
of Elections shall complete within 31 calendar | ||||||
2 | days of the election or sooner
if all the returns are received, | ||||||
3 | its final canvass of the vote for all public
offices.
| ||||||
4 | (b) If a county clerk or board of election commissioners | ||||||
5 | determines that all
of the following apply, then a provisional | ||||||
6 | ballot is valid and shall be counted
as a vote:
| ||||||
7 | (1) the provisional voter cast the provisional ballot | ||||||
8 | in the correct
precinct based on the address provided by | ||||||
9 | the provisional voter. The provisional voter's affidavit | ||||||
10 | shall serve as a change of address request by that voter | ||||||
11 | for registration purposes for the next ensuing election if | ||||||
12 | it bears an address different from that in the records of | ||||||
13 | the election authority. Votes for federal and statewide | ||||||
14 | offices on a provisional ballot cast in the incorrect | ||||||
15 | precinct that meet the other requirements of this | ||||||
16 | subsection shall be valid and counted in accordance with | ||||||
17 | this Article. As used in this item, "federal office" is | ||||||
18 | defined as provided in Section 20-1 and "statewide office" | ||||||
19 | means the Governor, Attorney General, Secretary of State, | ||||||
20 | Comptroller, and Treasurer. Votes for General Assembly, | ||||||
21 | countywide, citywide, or township office on a provisional | ||||||
22 | ballot cast in the incorrect precinct but in the correct | ||||||
23 | legislative district, representative district, county, | ||||||
24 | municipality, or township, as the case may be, shall be | ||||||
25 | valid and counted in accordance with this Article. As used | ||||||
26 | in this item, "citywide office" means an office elected by |
| |||||||
| |||||||
1 | the electors of an entire municipality. As used in this | ||||||
2 | item, "township office" means an office elected by the | ||||||
3 | electors of an entire township;
| ||||||
4 | (2) the affidavit executed by the provisional voter | ||||||
5 | pursuant to subsection
(b)(2) of Section 18A-5 contains, | ||||||
6 | at a minimum, the provisional voter's first and last name, | ||||||
7 | house number and street name, and signature or mark;
| ||||||
8 | (3) except as permitted by item (5) of subsection (b) | ||||||
9 | of this Section, the provisional voter is a registered | ||||||
10 | voter based on information
available to the county clerk | ||||||
11 | or board of election commissioners provided by or
obtained | ||||||
12 | from any of the following:
| ||||||
13 | i. the provisional voter;
| ||||||
14 | ii. an election judge;
| ||||||
15 | iii. the statewide voter registration database | ||||||
16 | maintained by the State
Board of Elections;
| ||||||
17 | iv. the records of the county clerk or board of | ||||||
18 | election commissioners'
database; or
| ||||||
19 | v. the records of the Secretary of State; and | ||||||
20 | (4) for a provisional ballot cast under item (6) of | ||||||
21 | subsection (a) of Section 18A-5, the voter did not vote by | ||||||
22 | mail ballot in the election at which the provisional | ||||||
23 | ballot was cast; or
| ||||||
24 | (5) for a provisional ballot cast under item (7) of | ||||||
25 | subsection (a) of Section 18A-5, the voter provides the | ||||||
26 | election authority with the necessary documentation within |
| |||||||
| |||||||
1 | 7 days of election day. | ||||||
2 | (c) With respect to subsection (b)(3) of this Section, the | ||||||
3 | county clerk or
board of election commissioners shall | ||||||
4 | investigate and record whether or not the specified | ||||||
5 | information is available from each of the 5 identified | ||||||
6 | sources. If the information is available from one or more of | ||||||
7 | the identified sources, then the
county clerk or board of | ||||||
8 | election commissioners shall seek to obtain the
information | ||||||
9 | from each of those sources until satisfied, with information | ||||||
10 | from at least one of those sources, that the provisional voter | ||||||
11 | is registered and entitled to vote. The county clerk
or board | ||||||
12 | of election commissioners shall use any information it obtains | ||||||
13 | as the
basis for determining the voter registration status of | ||||||
14 | the provisional voter.
If a conflict exists among the | ||||||
15 | information available to the county clerk or
board of election | ||||||
16 | commissioners as to the registration status of the
provisional | ||||||
17 | voter, then the county clerk or board of election | ||||||
18 | commissioners
shall make a
determination based on the totality | ||||||
19 | of the circumstances. In a case where the
above information | ||||||
20 | equally supports or opposes the registration status of the
| ||||||
21 | voter, the county clerk or board of election commissioners | ||||||
22 | shall decide in
favor of the provisional voter as being duly | ||||||
23 | registered to vote. If the
statewide voter registration | ||||||
24 | database maintained by the State Board of
Elections indicates | ||||||
25 | that the provisional voter is registered to vote, but the
| ||||||
26 | county clerk's or board of election commissioners' voter |
| |||||||
| |||||||
1 | registration database
indicates that the provisional voter is | ||||||
2 | not registered to vote, then the
information found in the | ||||||
3 | statewide voter registration database shall control
the matter | ||||||
4 | and the provisional voter shall be deemed to be registered to | ||||||
5 | vote.
If the records of the county clerk or board of election | ||||||
6 | commissioners indicates
that the provisional
voter is | ||||||
7 | registered to vote, but the statewide voter registration | ||||||
8 | database
maintained by the State Board of Elections indicates | ||||||
9 | that the provisional voter
is not registered to vote, then the | ||||||
10 | information found in the records of the
county clerk or board | ||||||
11 | of election commissioners shall control the matter and
the | ||||||
12 | provisional voter shall be deemed to be registered to vote. If | ||||||
13 | the
provisional voter's signature on his or her provisional | ||||||
14 | ballot request varies
from the signature on
an otherwise valid | ||||||
15 | registration application solely because of the substitution
of | ||||||
16 | initials for the first or middle name, the election authority | ||||||
17 | may not reject
the provisional ballot.
| ||||||
18 | (d) In validating the registration status of a person | ||||||
19 | casting a provisional
ballot, the county clerk or board of | ||||||
20 | election commissioners shall not require a
provisional voter | ||||||
21 | to complete any form other than the affidavit executed by the
| ||||||
22 | provisional voter under subsection (b)(2) of Section 18A-5. In | ||||||
23 | addition,
the
county clerk or board of election commissioners | ||||||
24 | shall not require all
provisional voters or
any particular | ||||||
25 | class or group of provisional voters to appear personally | ||||||
26 | before
the county clerk or board of election commissioners or |
| |||||||
| |||||||
1 | as a matter of policy
require provisional voters to submit | ||||||
2 | additional information to verify or
otherwise support the | ||||||
3 | information already submitted by the provisional voter.
Within | ||||||
4 | 2 calendar days after the election, the election authority | ||||||
5 | shall transmit by electronic means pursuant to a process | ||||||
6 | established by the State Board of Elections the name, street | ||||||
7 | address, e-mail address, and precinct, ward, township, and | ||||||
8 | district numbers, as the case may be, of each person casting a | ||||||
9 | provisional ballot to the State Board of Elections, which | ||||||
10 | shall maintain those names and that information in an | ||||||
11 | electronic format on its website, arranged by county and | ||||||
12 | accessible to State and local political committees. The | ||||||
13 | provisional voter may, within 7 calendar days after the | ||||||
14 | election, submit
additional information to the county clerk or | ||||||
15 | board of election commissioners , except that in the case of | ||||||
16 | provisional voting under paragraph (4) of subsection (a) of | ||||||
17 | Section 18A-5, the provisional voter has 10 days to provide | ||||||
18 | the county clerk or board of election commissioners with the | ||||||
19 | required photo identification card .
This information must be | ||||||
20 | received by the county clerk or board of election
| ||||||
21 | commissioners within the applicable 7-calendar-day or | ||||||
22 | 10-calendar-day period.
| ||||||
23 | (e) If the county clerk or board of election commissioners | ||||||
24 | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
25 | apply, then the provisional
ballot is not valid
and may not be | ||||||
26 | counted. The provisional ballot envelope containing the ballot
|
| |||||||
| |||||||
1 | cast by the provisional voter may not be opened. The county | ||||||
2 | clerk or board of
election commissioners shall write on the | ||||||
3 | provisional ballot envelope the
following: "Provisional ballot | ||||||
4 | determined invalid.".
| ||||||
5 | (f) If the county clerk or board of election commissioners | ||||||
6 | determines that a
provisional ballot is valid under this | ||||||
7 | Section, then the provisional ballot
envelope shall be opened. | ||||||
8 | The outside of each provisional ballot
envelope shall
also be
| ||||||
9 | marked to identify the precinct and the date of the election.
| ||||||
10 | (g) Provisional ballots determined to be valid shall be | ||||||
11 | counted at the election authority's central ballot counting | ||||||
12 | location and shall not be counted in precincts. The | ||||||
13 | provisional ballots determined to be valid shall be added to | ||||||
14 | the
vote
totals for the precincts from which they were cast in | ||||||
15 | the order in which the
ballots were opened.
The validation and | ||||||
16 | counting of provisional ballots shall be subject to the
| ||||||
17 | provisions of this Code that apply to pollwatchers.
If the | ||||||
18 | provisional ballots are a ballot of a punch card
voting | ||||||
19 | system, then the provisional ballot shall be counted in a | ||||||
20 | manner
consistent with Article 24A. If the provisional ballots
| ||||||
21 | are a ballot of optical scan or other type of approved | ||||||
22 | electronic voting
system, then the provisional ballots shall | ||||||
23 | be counted in a manner consistent
with Article 24B.
| ||||||
24 | (h) As soon as the ballots have been counted, the election | ||||||
25 | judges or
election officials shall, in
the presence of the | ||||||
26 | county clerk or board of election commissioners, place each
of |
| |||||||
| |||||||
1 | the following items in a separate envelope or bag: (1) all | ||||||
2 | provisional
ballots, voted or spoiled; (2)
all provisional | ||||||
3 | ballot envelopes of provisional ballots voted or spoiled; and
| ||||||
4 | (3) all executed affidavits
of the provisional ballots voted | ||||||
5 | or spoiled.
All provisional ballot envelopes for provisional | ||||||
6 | voters who have been
determined
not to be registered to vote | ||||||
7 | shall remain sealed. The county clerk or board of
election | ||||||
8 | commissioners shall treat the provisional ballot envelope | ||||||
9 | containing
the written affidavit as a voter registration | ||||||
10 | application for that person for
the next election and process | ||||||
11 | that application.
The election judges or election officials | ||||||
12 | shall then
securely
seal each envelope or bag, initial the | ||||||
13 | envelope or bag, and plainly mark on the
outside of the | ||||||
14 | envelope or bag in ink the precinct in which the provisional
| ||||||
15 | ballots were cast. The election judges or election officials | ||||||
16 | shall then place
each sealed envelope or
bag into a box, secure | ||||||
17 | and seal it in the same manner as described in
item (6) of | ||||||
18 | subsection (b) of Section 18A-5. Each election judge or | ||||||
19 | election
official shall take and subscribe an oath
before the | ||||||
20 | county clerk or
board of election commissioners that the | ||||||
21 | election judge or election official
securely kept the
ballots | ||||||
22 | and papers in the box, did not permit any person to open the | ||||||
23 | box or
otherwise touch or tamper with the ballots and papers in | ||||||
24 | the box, and has no
knowledge of any other person opening the | ||||||
25 | box.
For purposes of this Section, the term "election | ||||||
26 | official" means the county
clerk, a member of the board of |
| |||||||
| |||||||
1 | election commissioners, as the case may be, and
their | ||||||
2 | respective employees.
| ||||||
3 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
4 | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| ||||||
5 | (10 ILCS 5/19A-35)
| ||||||
6 | Sec. 19A-35. Procedure for voting.
| ||||||
7 | (a) Not more than 23 days before the start of the election, | ||||||
8 | the county clerk
shall make available to the election official | ||||||
9 | conducting early voting by
personal
appearance a sufficient | ||||||
10 | number of early ballots, envelopes, and printed voting
| ||||||
11 | instruction slips for the use of early voters. The election | ||||||
12 | official shall
receipt for all ballots received and shall | ||||||
13 | return unused or spoiled ballots at
the close of the early | ||||||
14 | voting period to the county clerk and must strictly
account | ||||||
15 | for all ballots received. The ballots delivered to the | ||||||
16 | election
official must include early ballots for each precinct | ||||||
17 | in the election
authority's jurisdiction and must include | ||||||
18 | separate ballots for each political
subdivision conducting an | ||||||
19 | election of officers or a referendum at that
election.
| ||||||
20 | (b) In conducting early voting under this Article, the | ||||||
21 | election judge or official is
required to verify the signature | ||||||
22 | of the early voter by comparison with the
signature on the
| ||||||
23 | official registration card, and the judge or official must | ||||||
24 | verify (i) that the applicant is a registered voter, (ii) the
| ||||||
25 | precinct in which the applicant is registered, and (iii) the |
| |||||||
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1 | proper ballots of
the political subdivision in which the | ||||||
2 | applicant resides and is entitled to
vote , and (iv) the | ||||||
3 | applicant's identity, which must be verified by the | ||||||
4 | applicant's presentation of a government-issued photo | ||||||
5 | identification card, as defined in Section 3-8, or his or her | ||||||
6 | Voter Identification Card, before providing an early ballot to | ||||||
7 | the applicant. The election judge or official
must verify the | ||||||
8 | applicant's registration from the most recent poll list
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9 | provided by the
election authority, and if the applicant is | ||||||
10 | not listed on that poll list, by
telephoning the office of the | ||||||
11 | election authority.
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12 | (b-5) A person requesting an early voting ballot to whom a | ||||||
13 | vote by mail ballot was issued may vote early if the person | ||||||
14 | submits that vote by mail ballot to the judges of election or | ||||||
15 | official conducting early voting for cancellation. If the | ||||||
16 | voter is unable to submit the vote by mail ballot, it shall be | ||||||
17 | sufficient for the voter to submit to the judges or official | ||||||
18 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
19 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
20 | before the judges or official specifying that (A) the voter | ||||||
21 | never received a vote by mail ballot or (B) the voter completed | ||||||
22 | and returned a vote by mail ballot and was informed that the | ||||||
23 | election authority did not receive that vote by mail ballot. | ||||||
24 | (b-10) Within one day after a voter casts an early voting | ||||||
25 | ballot, the election authority shall transmit the voter's | ||||||
26 | name, street address, and precinct, ward, township, and |
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1 | district numbers, as the case may be, to the State Board of | ||||||
2 | Elections, which shall maintain those names and that | ||||||
3 | information in an electronic format on its website, arranged | ||||||
4 | by county and accessible to State and local political | ||||||
5 | committees. | ||||||
6 | (b-15) Immediately after voting an early ballot, the voter | ||||||
7 | shall be instructed whether the voting equipment accepted or | ||||||
8 | rejected the ballot or identified that ballot as under-voted | ||||||
9 | for a statewide constitutional office. A voter whose ballot is | ||||||
10 | identified as under-voted may return to the voting booth and | ||||||
11 | complete the voting of that ballot. A voter whose early voting | ||||||
12 | ballot is not accepted by the voting equipment may, upon | ||||||
13 | surrendering the ballot, request and vote another early voting | ||||||
14 | ballot. The voter's surrendered ballot
shall be initialed by | ||||||
15 | the election judge or official conducting the early voting and | ||||||
16 | handled as provided in the appropriate
Article governing the | ||||||
17 | voting equipment used.
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18 | (c) The sealed early ballots in their carrier envelope | ||||||
19 | shall be delivered by
the election authority to the central | ||||||
20 | ballot counting location before the close of the
polls on the | ||||||
21 | day of the election.
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22 | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
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