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1 | AN ACT concerning elections. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||
5 | Sections 4-7, 5-17, 6-31, 6-31, 6-100, 7-41, 11-2, 11-8, 16-5, | |||||||||||||||||||
6 | 17-9, 17-29, 18-5, 18A-5, 18A-15, 19-2, 19-3, 19-4, 19-6, | |||||||||||||||||||
7 | 19-8, 19A-15, 20-2, 20-2.1, 20-2.2, and 20-2.3 and 19A-35 and | |||||||||||||||||||
8 | by adding Sections 1-14, 3-8, and 29-21 as follows: | |||||||||||||||||||
9 | (10 ILCS 5/1-14 new) | |||||||||||||||||||
10 | Sec. 1-14. Voter Identification Card. | |||||||||||||||||||
11 | (a) The Secretary of State shall issue a Voter | |||||||||||||||||||
12 | Identification Card to each registered voter who does not have | |||||||||||||||||||
13 | an acceptable form of photo identification card as defined in | |||||||||||||||||||
14 | Section 3-8. The Voter Identification Card shall include at | |||||||||||||||||||
15 | least: (i) the voter's name, signature, and photograph; (ii) | |||||||||||||||||||
16 | the State seal; and (iii) the voter's current residence | |||||||||||||||||||
17 | address. A Voter Identification Card is valid for as long as | |||||||||||||||||||
18 | the registered voter maintains the name and residence on the | |||||||||||||||||||
19 | Card. A Voter Identification Card may not be used for any | |||||||||||||||||||
20 | purpose other than to vote in Illinois. | |||||||||||||||||||
21 | (b) It is the intent of the General Assembly to provide the | |||||||||||||||||||
22 | Secretary of State with guidance on how to issue the Voter | |||||||||||||||||||
23 | Identification Card to those individuals who do not have an |
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1 | acceptable form of photo identification as defined in Section | ||||||
2 | 3-8. | ||||||
3 | (c) Within a reasonable time after the effective date of | ||||||
4 | this amendatory Act of the 104th General Assembly, the | ||||||
5 | Secretary of State shall provide application forms for the | ||||||
6 | Voter Identification Card. Any registered voter who meets the | ||||||
7 | criteria set forth in this Section and who provides the proper | ||||||
8 | documentation required under subsection (d) shall receive a | ||||||
9 | Voter Identification Card. | ||||||
10 | (d) The Secretary of State shall require the presentation | ||||||
11 | and verification of the following information for issuance of | ||||||
12 | a Voter Registration Card: | ||||||
13 | (1) A photo identity document, except that a non-photo | ||||||
14 | identity document, as defined in subsection (e), is | ||||||
15 | acceptable if it includes both the applicant's name and | ||||||
16 | date of birth. | ||||||
17 | (2) Documentation showing the applicant's date of | ||||||
18 | birth. | ||||||
19 | (3) Evidence of voter registration. | ||||||
20 | (4) Documentation, as defined in subsection (f), | ||||||
21 | showing the applicant's name and principal residence | ||||||
22 | address. | ||||||
23 | (e) A non-photo identity document must include the | ||||||
24 | applicant's name and date of birth. Any of the following shall | ||||||
25 | constitute a non-photo identity document in lieu of a photo | ||||||
26 | identity document: |
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1 | (1) An original birth certificate or certified copy of | ||||||
2 | a birth certificate. | ||||||
3 | (2) A voter registration card. | ||||||
4 | (3) A copy of records filed in court by the applicant | ||||||
5 | or on behalf of the applicant by the applicant's counsel. | ||||||
6 | (4) A naturalization document. | ||||||
7 | (5) A copy of the applicant's marriage license. | ||||||
8 | (6) A copy of the State or federal tax return filed by | ||||||
9 | the applicant for the previous calendar year. | ||||||
10 | (7) An original of the annual Social Security | ||||||
11 | statement received by the applicant for the current or | ||||||
12 | preceding calendar year. | ||||||
13 | (8) An original of a Medicare or Medicaid statement | ||||||
14 | received by the applicant. | ||||||
15 | (9) A certified school record or transcript for the | ||||||
16 | current or preceding calendar year. | ||||||
17 | (f) Any of the following documents shall be acceptable as | ||||||
18 | documentation of 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) Voters who are indigent and unable to obtain a Voter | ||||||
5 | Identification Card without a fee and voters who have a | ||||||
6 | religious objection to being photographed may vote a | ||||||
7 | provisional ballot and sign an affidavit which indicates that | ||||||
8 | one of the exemptions stated in this subsection applies. As | ||||||
9 | used in this Section, "indigent person" means an individual | ||||||
10 | whose income is 125% or less of the current federal poverty | ||||||
11 | income guidelines updated periodically in the Federal Register | ||||||
12 | by the U.S. Department of Health and Human Services under the | ||||||
13 | authority of 42 U.S.C. 9902(2). | ||||||
14 | (10 ILCS 5/3-8 new) | ||||||
15 | Sec. 3-8. Acceptable forms of photo identification for | ||||||
16 | voting purposes. As used in this Code, acceptable forms of | ||||||
17 | photo identification for voting purposes include: | ||||||
18 | (1) An Illinois Driver's License. | ||||||
19 | (2) An Illinois Identification Card. | ||||||
20 | (3) An Illinois Disabled Person Identification Card. | ||||||
21 | (4) A Senior Citizen Identification Card. | ||||||
22 | (5) A FOID Card. | ||||||
23 | (6) A U.S. Passport with the voter's current address. | ||||||
24 | (7) Any other government-issued identification card | ||||||
25 | that includes the voter's name, current photograph, and |
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1 | current address. | ||||||
2 | All photo identification cards must be valid and current. | ||||||
3 | (10 ILCS 5/4-7) (from Ch. 46, par. 4-7) | ||||||
4 | Sec. 4-7. In counties having a re-registration in 1969 and | ||||||
5 | 1970, there shall be 3 days of precinct re-registration in | ||||||
6 | each precinct. The first of such 3 days shall be Friday, | ||||||
7 | November 21, 1969; the second, Friday, December 19, 1969; and | ||||||
8 | the third, Tuesday, January 15, 1970. In all counties over | ||||||
9 | 1,000,000 population, or in counties under 1,000,000 | ||||||
10 | population if the county clerk determines to have precinct | ||||||
11 | registration in the county pursuant to Section 4-6.1 there | ||||||
12 | shall be one day of precinct registration preceding each | ||||||
13 | regular election on the first Tuesday after the first Monday | ||||||
14 | in November of even numbered years, on Saturday preceding the | ||||||
15 | Tuesday 6 weeks preceding the election. The county board shall | ||||||
16 | have authority to designate 2 days of registration in each | ||||||
17 | precinct, in which event the second day of precinct | ||||||
18 | registration shall be 29 days before such election. On each | ||||||
19 | day of registration, the registration places shall be opened | ||||||
20 | at noon and remain open until 9:00 P.M. The provisions of | ||||||
21 | Section 4-3 of this Article shall apply to the selection of | ||||||
22 | places of registration or re-registration under this Section. | ||||||
23 | At least 20 days prior to a precinct registration or | ||||||
24 | re-registration, the county clerk shall publish a notice of | ||||||
25 | registration or re-registration, giving the dates, hours and |
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1 | places of registration or re-registration, in a newspaper of | ||||||
2 | general circulation published in the county, if there is one, | ||||||
3 | or otherwise in a newspaper of general circulation in such | ||||||
4 | county. | ||||||
5 | The election authorities shall issue credentials to | ||||||
6 | registration day pollwatchers in the manner and on the terms | ||||||
7 | prescribed in Section 17-23 with respect to pollwatchers at | ||||||
8 | elections. Registration day pollwatchers shall be allowed to | ||||||
9 | see the names and addresses of the people who have registered | ||||||
10 | during the course of the day. | ||||||
11 | No person shall, at any precinct registration or | ||||||
12 | reregistration, do any electioneering or soliciting of votes | ||||||
13 | or engage in any political discussion within any precinct | ||||||
14 | registration place or within 30 feet thereof. Nothing in this | ||||||
15 | Act shall be construed to prohibit any candidate from being | ||||||
16 | present in or near any precinct registration place. All | ||||||
17 | persons who register to vote at any precinct registration | ||||||
18 | place must be residents of the precinct in which they | ||||||
19 | register. | ||||||
20 | As used in this Section, "electioneering" includes, except | ||||||
21 | in the ordinary course of business, the distribution of food | ||||||
22 | or drinks to voters. | ||||||
23 | (Source: P.A. 81-1535.) | ||||||
24 | (10 ILCS 5/5-17) (from Ch. 46, par. 5-17) | ||||||
25 | Sec. 5-17. If the county clerk determines, as provided in |
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1 | Section 5-16.1, to have precinct registration in the county, | ||||||
2 | the board of county commissioners shall, prior to any general | ||||||
3 | state election held in the month of November of any even | ||||||
4 | numbered year designate a day or days and shall designate | ||||||
5 | convenient places in the townships or cities or villages or | ||||||
6 | incorporated towns for registration of voters. Such day or | ||||||
7 | days shall not be more than 36 nor less than 28 days before | ||||||
8 | such election. | ||||||
9 | The provisions of Section 5-3 of this Article shall apply | ||||||
10 | to the selection of places of registration under this Section | ||||||
11 | and the provisions of Section 5-3 relative to the attendance | ||||||
12 | of police officers during the conduct of such registration | ||||||
13 | shall also apply. | ||||||
14 | The officers of registration chosen to conduct | ||||||
15 | registrations under the provisions of this Section shall be | ||||||
16 | chosen by the county clerk. | ||||||
17 | In choosing officers of registration, the county clerk | ||||||
18 | shall choose only persons residing in the township in which | ||||||
19 | the place of registration is located. He shall choose, in each | ||||||
20 | precinct, 3 officers of registration, at least one from each | ||||||
21 | of the 2 major political parties. The county clerk may appoint | ||||||
22 | additional officers of registration in precincts which have | ||||||
23 | had sudden increases in population. | ||||||
24 | The officers so chosen shall be voters registered under | ||||||
25 | the provisions of this Article 5, and shall have the same | ||||||
26 | qualifications and take the same oath as required of |
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1 | registration officers under Section 5-4 of this Article 5, and | ||||||
2 | shall be subject to the same penalties. | ||||||
3 | The places of registration designated by the board of | ||||||
4 | county commissioners under the provisions of this Section | ||||||
5 | shall be open from 8 a.m. to 9 p.m. on such day or days as may | ||||||
6 | be specified by the board of county commissioners. | ||||||
7 | Registration under this Section shall be made in the same | ||||||
8 | manner as provided for precinct registration under the | ||||||
9 | provisions of this Article 5, but the canvass of registration | ||||||
10 | shall be made by 2 registration officers of different | ||||||
11 | political affiliations, said registration officers to be | ||||||
12 | designated by the county clerk and the hearing and final | ||||||
13 | revision of the registry heretofore conducted by the board of | ||||||
14 | revision shall be performed by the county clerk or his deputy | ||||||
15 | on the Monday and Tuesday following precinct registration. | ||||||
16 | Said revision under this Section shall take place at the | ||||||
17 | office of the county clerk between the hours of 9 a.m. and 9 | ||||||
18 | p.m. | ||||||
19 | The registration officers shall make their returns to the | ||||||
20 | county clerk not later than noon of the day following the last | ||||||
21 | day of the canvass of registration provided by this Section. | ||||||
22 | The election authorities shall issue credentials to | ||||||
23 | registration day pollwatchers in the manner and on the terms | ||||||
24 | prescribed in Section 17-23 with respect to pollwatchers at | ||||||
25 | elections. Registration day pollwatchers shall be allowed to | ||||||
26 | see the names and addresses of the people who have registered |
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1 | during the course of the day. | ||||||
2 | No person shall, at any precinct registration or | ||||||
3 | reregistration, do any electioneering or soliciting of votes | ||||||
4 | or engage in any political discussion within any precinct | ||||||
5 | registration place or within 30 feet thereof. Nothing in this | ||||||
6 | Act shall be construed to prohibit any candidate from being | ||||||
7 | present in or near any precinct registration place. All | ||||||
8 | persons who register to vote at any precinct registration | ||||||
9 | place must be residents of the precinct in which they | ||||||
10 | register. | ||||||
11 | As used in this Section, "electioneering" includes, except | ||||||
12 | in the ordinary course of business, the distribution of food | ||||||
13 | or drinks to voters. | ||||||
14 | (Source: P.A. 81-1535.) | ||||||
15 | (10 ILCS 5/6-31) (from Ch. 46, par. 6-31) | ||||||
16 | Sec. 6-31. In addition to the registration authorized at | ||||||
17 | the office of the Board of Election Commissioners, there shall | ||||||
18 | be two days of registration in each precinct preceding the | ||||||
19 | election to be held on the first Tuesday after the first Monday | ||||||
20 | in November, 1936. The place of registration in each precinct | ||||||
21 | shall be designated by the Board of Election Commissioners, | ||||||
22 | and public notice thereof given, and the provisions of Article | ||||||
23 | 11, Section 11-4 of this Act shall apply thereto. The | ||||||
24 | registration places so designated shall be open from 8:00 | ||||||
25 | o'clock a.m. until 9:00 o'clock p.m. on each of such days of |
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1 | registration. | ||||||
2 | The first of said two days of registration shall be on | ||||||
3 | Saturday preceding the Tuesday four weeks before said | ||||||
4 | election; the second of said two days of registration shall be | ||||||
5 | on Tuesday three weeks preceding said election; provided, | ||||||
6 | however, that in cities, villages and incorporated towns of | ||||||
7 | 200,000 or more, having a board of election commissioners, and | ||||||
8 | in cities, villages and incorporated towns within the | ||||||
9 | jurisdiction of said board of election commissioners, the | ||||||
10 | first day of registration shall be on Saturday preceding the | ||||||
11 | Tuesday six weeks preceding said election; and the second day | ||||||
12 | of such registration shall be on Tuesday four weeks preceding | ||||||
13 | said election. | ||||||
14 | In addition to the two days of registration hereinabove | ||||||
15 | provided, the Board of Election Commissioners may provide for | ||||||
16 | additional days of registration (not exceeding two) before | ||||||
17 | said election. The last day so designated shall be earlier | ||||||
18 | than the last day of registration hereinabove provided for | ||||||
19 | cities, villages and incorporated towns under the jurisdiction | ||||||
20 | of such Board. | ||||||
21 | For the registration held in accordance with the terms of | ||||||
22 | this section there shall be a board of registry composed of two | ||||||
23 | deputy registrars and one judge of registration for each | ||||||
24 | precinct. The political party with which the minority member | ||||||
25 | of the Board of Election Commissioners is affiliated, shall be | ||||||
26 | entitled to be represented by one deputy registrar in each |
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1 | precinct. The political party with which the majority of the | ||||||
2 | members of the Board of Election Commissioners are affiliated | ||||||
3 | shall be entitled to be represented by one deputy registrar in | ||||||
4 | each precinct. | ||||||
5 | In the even numbered precincts the political party with | ||||||
6 | which a majority of the members of the Board of Election | ||||||
7 | Commissioners are affiliated, shall be entitled to be | ||||||
8 | represented by the judge of registration. | ||||||
9 | In the odd numbered precincts the party represented by the | ||||||
10 | minority member of the Board of Election Commissioners shall | ||||||
11 | be entitled to be represented by the judge of registration. | ||||||
12 | Such board shall cause the printed list and supplement of | ||||||
13 | the registration for the previous election to be posted up at | ||||||
14 | the place of registration two days before such registration, | ||||||
15 | with a printed notice of the time and place of the next | ||||||
16 | registration. After the first registration under this article, | ||||||
17 | the printed lists required to be posted shall be those for the | ||||||
18 | precincts served by the registration places designated by the | ||||||
19 | Board of Election Commissioners. | ||||||
20 | The election authorities shall issue credentials to | ||||||
21 | registration day pollwatchers in the manner and on the terms | ||||||
22 | prescribed in Section 17-23 with respect to pollwatchers at | ||||||
23 | elections. Registration day pollwatchers shall be allowed to | ||||||
24 | see the names and addresses of the people who have registered | ||||||
25 | during the course of the day. | ||||||
26 | No person shall, at any precinct registration or |
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1 | reregistration, do any electioneering or soliciting of votes | ||||||
2 | or engage in any political discussion within any precinct | ||||||
3 | registration place or within 30 feet thereof. Nothing in this | ||||||
4 | Act shall be construed to prohibit any candidate from being | ||||||
5 | present in or near any precinct registration place. All | ||||||
6 | persons who register to vote at any precinct registration | ||||||
7 | place must be residents of the precinct in which they | ||||||
8 | register. | ||||||
9 | As used in this Section, "electioneering" includes, except | ||||||
10 | in the ordinary course of business, the distribution of food | ||||||
11 | or drinks to voters. | ||||||
12 | (Source: P.A. 81-1535.) | ||||||
13 | (10 ILCS 5/6-100) | ||||||
14 | Sec. 6-100. Grace period. Notwithstanding any other | ||||||
15 | provision of this Code to the contrary, each election | ||||||
16 | authority shall establish procedures for the registration of | ||||||
17 | voters and for change of address during the period from the | ||||||
18 | close of registration for an election until the 7th day before | ||||||
19 | the election and including the day of the election . During | ||||||
20 | this grace period, an unregistered qualified elector may | ||||||
21 | register to vote, and a registered voter may submit a change of | ||||||
22 | address form, in person in the office of the election | ||||||
23 | authority, at a permanent polling place established under | ||||||
24 | Section 19A-10, at any other early voting site beginning 15 | ||||||
25 | days prior to the election, at a polling place on election day, |
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1 | or at a voter registration location specifically designated | ||||||
2 | for this purpose by the election authority. Grace period | ||||||
3 | registration and changes of address shall also be conducted | ||||||
4 | for eligible residents in connection with voting at facilities | ||||||
5 | under Section 19-12.2 of this Code. The election authority | ||||||
6 | shall register that individual, or change a registered voter's | ||||||
7 | address, in the same manner as otherwise provided by this | ||||||
8 | Article for registration and change of address. | ||||||
9 | If a voter who registers or changes address during this | ||||||
10 | grace period wishes to vote at the election or primary | ||||||
11 | occurring during the grace period. The election authority | ||||||
12 | shall offer in-person grace period voting at the authority's | ||||||
13 | office, any permanent polling place established under Section | ||||||
14 | 19A-10, and at any other early voting site beginning 15 days | ||||||
15 | prior to the election, at a polling place on election day, | ||||||
16 | where grace period registration is required by this Section; | ||||||
17 | and may offer in-person grace period voting at additional | ||||||
18 | hours and locations specifically designated for the purpose of | ||||||
19 | grace period voting by the election authority. The election | ||||||
20 | authority may allow grace period voting by mail only if the | ||||||
21 | election authority has no ballots prepared at the authority's | ||||||
22 | office. Grace period voting shall be in a manner substantially | ||||||
23 | similar to voting under Article 19A. | ||||||
24 | Within one day after a voter casts a grace period ballot, | ||||||
25 | or within one day after the ballot is received by the election | ||||||
26 | authority if the election authority allows grace period voting |
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1 | by mail, the election authority shall transmit by electronic | ||||||
2 | means pursuant to a process established by the State Board of | ||||||
3 | Elections the voter's name, street address, e-mail address, | ||||||
4 | and precinct, ward, township, and district numbers, as the | ||||||
5 | case may be, to the State Board of Elections, which shall | ||||||
6 | maintain those names and that information in an electronic | ||||||
7 | format on its website, arranged by county and accessible to | ||||||
8 | State and local political committees. The name of each person | ||||||
9 | issued a grace period ballot shall also be placed on the | ||||||
10 | appropriate precinct list of persons to whom vote by mail and | ||||||
11 | early ballots have been issued, for use as provided in | ||||||
12 | Sections 17-9 and 18-5. | ||||||
13 | A person who casts a grace period ballot shall not be | ||||||
14 | permitted to revoke that ballot and vote another ballot with | ||||||
15 | respect to that primary or election. Ballots cast by persons | ||||||
16 | who register or change address during the grace period at a | ||||||
17 | location other than their designated polling place on election | ||||||
18 | day must be transmitted to and counted at the election | ||||||
19 | authority's central ballot counting location and shall not be | ||||||
20 | transmitted to and counted at precinct polling places. The | ||||||
21 | grace period ballots determined to be valid shall be added to | ||||||
22 | the vote totals for the precincts for which they were cast in | ||||||
23 | the order in which the ballots were opened. | ||||||
24 | In counties with a population of less than 100,000 that do | ||||||
25 | not have electronic poll books, the election authority may opt | ||||||
26 | out of registration in the polling place if the election |
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1 | authority establishes grace period registration and voting at | ||||||
2 | other sites on election day at the following sites: (i) the | ||||||
3 | election authority's main office and (ii) a polling place in | ||||||
4 | each municipality where 20% or more of the county's residents | ||||||
5 | reside if the election authority's main office is not located | ||||||
6 | in that municipality. The election authority may establish | ||||||
7 | other grace period registration and voting sites on election | ||||||
8 | day provided that the election authority has met the notice | ||||||
9 | requirements of Section 19A-25 for permanent and temporary | ||||||
10 | early voting sites. | ||||||
11 | (Source: P.A. 100-442, eff. 8-25-17.) | ||||||
12 | (10 ILCS 5/7-41) (from Ch. 46, par. 7-41) | ||||||
13 | Sec. 7-41. (a) All officers upon whom is imposed by law the | ||||||
14 | duty of designating and providing polling places for general | ||||||
15 | elections, shall provide in each such polling place so | ||||||
16 | designated and provided, a sufficient number of booths for | ||||||
17 | such primary election, which booths shall be provided with | ||||||
18 | shelves, such supplies and pencils as will enable the voter to | ||||||
19 | prepare his ballot for voting and in which voters may prepare | ||||||
20 | their ballots screened from all observation as to the manner | ||||||
21 | in which they do so. Such booths shall be within plain view of | ||||||
22 | the election officers and both they and the ballot boxes shall | ||||||
23 | be within plain view of those within the proximity of the | ||||||
24 | voting booths. No person other than election officers and the | ||||||
25 | challengers allowed by law and those admitted for the purpose |
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1 | of voting, as hereinafter provided, shall be permitted within | ||||||
2 | the proximity of the voting booths, except by authority of the | ||||||
3 | primary officers to keep order and enforce the law. | ||||||
4 | (b) The number of such voting booths shall not be less than | ||||||
5 | one to every seventy-five voters or fraction thereof, who | ||||||
6 | voted at the last preceding election in the precinct or | ||||||
7 | election district. | ||||||
8 | (c) No person shall do any electioneering or soliciting of | ||||||
9 | votes on primary day within any polling place or within one | ||||||
10 | hundred feet of any polling place, or, at the option of a | ||||||
11 | church or private school, on any of the property of that church | ||||||
12 | or private school that is a polling place. Election officers | ||||||
13 | shall place 2 or more cones, small United States national | ||||||
14 | flags, or some other marker a distance of 100 horizontal feet | ||||||
15 | from each entrance to the room used by voters to engage in | ||||||
16 | voting, which shall be known as the polling room. If the | ||||||
17 | polling room is located within a building that is a private | ||||||
18 | business, a public or private school, or a church or other | ||||||
19 | organization founded for the purpose of religious worship and | ||||||
20 | the distance of 100 horizontal feet ends within the interior | ||||||
21 | of the building, then the markers shall be placed outside of | ||||||
22 | the building at each entrance used by voters to enter that | ||||||
23 | building on the grounds adjacent to the thoroughfare or | ||||||
24 | walkway. If the polling room is located within a public or | ||||||
25 | private building with 2 or more floors and the polling room is | ||||||
26 | located on the ground floor, then the markers shall be placed |
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1 | 100 horizontal feet from each entrance to the polling room | ||||||
2 | used by voters to engage in voting. If the polling room is | ||||||
3 | located in a public or private building with 2 or more floors | ||||||
4 | and the polling room is located on a floor above or below the | ||||||
5 | ground floor, then the markers shall be placed a distance of | ||||||
6 | 100 feet from the nearest elevator or staircase used by voters | ||||||
7 | on the ground floor to access the floor where the polling room | ||||||
8 | is located. The area within where the markers are placed shall | ||||||
9 | be known as a campaign free zone, and electioneering is | ||||||
10 | prohibited pursuant to this subsection. Notwithstanding any | ||||||
11 | other provision of this Section, a church or private school | ||||||
12 | may choose to apply the campaign free zone to its entire | ||||||
13 | property, and, if so, the markers shall be placed near the | ||||||
14 | boundaries on the grounds adjacent to the thoroughfares or | ||||||
15 | walkways leading to the entrances used by the voters. At or | ||||||
16 | near the door of each polling place, the election judges shall | ||||||
17 | place signage indicating the proper entrance to the polling | ||||||
18 | place. In addition, the election judges shall ensure that a | ||||||
19 | sign identifying the location of the polling place is placed | ||||||
20 | on a nearby public roadway. The State Board of Elections shall | ||||||
21 | establish guidelines for the placement of polling place | ||||||
22 | signage. | ||||||
23 | The area on polling place property beyond the campaign | ||||||
24 | free zone, whether publicly or privately owned, is a public | ||||||
25 | forum for the time that the polls are open on an election day. | ||||||
26 | At the request of election officers any publicly owned |
| |||||||
| |||||||
1 | building must be made available for use as a polling place. A | ||||||
2 | person shall have the right to congregate and engage in | ||||||
3 | electioneering on any polling place property while the polls | ||||||
4 | are open beyond the campaign free zone, including but not | ||||||
5 | limited to, the placement of temporary signs. This subsection | ||||||
6 | shall be construed liberally in favor of persons engaging in | ||||||
7 | electioneering on all polling place property beyond the | ||||||
8 | campaign free zone for the time that the polls are open on an | ||||||
9 | election day. | ||||||
10 | (d) The regulation of electioneering on polling place | ||||||
11 | property on an election day, including but not limited to the | ||||||
12 | placement of temporary signs, is an exclusive power and | ||||||
13 | function of the State. A home rule unit may not regulate | ||||||
14 | electioneering and any ordinance or local law contrary to | ||||||
15 | subsection (c) is declared void. This is a denial and | ||||||
16 | limitation of home rule powers and functions under subsection | ||||||
17 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
18 | (e) As used in this Section, "electioneering" includes, | ||||||
19 | except in the ordinary course of business, the distribution of | ||||||
20 | food or drinks to voters. | ||||||
21 | (Source: P.A. 95-699, eff. 11-9-07.) | ||||||
22 | (10 ILCS 5/11-2) (from Ch. 46, par. 11-2) | ||||||
23 | Sec. 11-2. Election precincts. The County Board in each | ||||||
24 | county, except in counties having a population of 3,000,000 | ||||||
25 | inhabitants or over, shall, at its regular meeting in June or |
| |||||||
| |||||||
1 | an adjourned meeting in July, divide its election precincts so | ||||||
2 | that each precinct shall contain, as near as may be | ||||||
3 | practicable, 1,200 registered voters. Insofar as is | ||||||
4 | practicable, each precinct shall be situated within a single | ||||||
5 | congressional, legislative and representative district and in | ||||||
6 | not more than one County Board district and one municipal | ||||||
7 | ward. In order to situate each precinct within a single | ||||||
8 | district or ward, the County Board shall change the boundaries | ||||||
9 | of election precincts after each decennial census as soon as | ||||||
10 | is practicable following the completion of congressional and | ||||||
11 | legislative redistricting, except that, in 2021, the county | ||||||
12 | board shall change the boundaries at a regular or special | ||||||
13 | meeting within 60 days after the effective date of this | ||||||
14 | amendatory Act of the 102nd General Assembly. In determining | ||||||
15 | whether a division of precincts should be made, the county | ||||||
16 | board may anticipate increased voter registration in any | ||||||
17 | precinct in which there is in progress new construction of | ||||||
18 | dwelling units which will be occupied by voters more than 30 | ||||||
19 | days before the next election. Each district shall be composed | ||||||
20 | of contiguous territory in as compact form as can be for the | ||||||
21 | convenience of the electors voting therein. The several county | ||||||
22 | boards in establishing districts shall describe them by metes | ||||||
23 | and bounds and number them. And so often thereafter as it shall | ||||||
24 | appear by the number of votes cast at the general election held | ||||||
25 | in November of any year, that any election district or | ||||||
26 | undivided election precinct contains more than 1,200 |
| |||||||
| |||||||
1 | registered voters, the County Board of the county in which the | ||||||
2 | district or precinct may be, shall at its regular meeting in | ||||||
3 | June, or an adjourned meeting in July next, after such | ||||||
4 | November election, redivide or readjust such election district | ||||||
5 | or election precinct, so that no district or election precinct | ||||||
6 | shall contain more than the number of votes above specified. | ||||||
7 | If for any reason the County Board fails in any year to | ||||||
8 | redivide or readjust the election districts or election | ||||||
9 | precinct, then the districts or precincts as then existing | ||||||
10 | shall continue until the next regular June meeting of the | ||||||
11 | County Board; at which regular June meeting or an adjourned | ||||||
12 | meeting in July the County Board shall redivide or readjust | ||||||
13 | the election districts or election precincts in manner as | ||||||
14 | herein required. When at any meeting of the County Board any | ||||||
15 | redivision, readjustment or change in name or number of | ||||||
16 | election districts or election precincts is made by the County | ||||||
17 | Board, the County Clerk shall immediately notify the State | ||||||
18 | Board of Elections of such redivision, readjustment or change. | ||||||
19 | The County Board in every case shall fix and establish the | ||||||
20 | places for holding elections in its respective county and all | ||||||
21 | elections shall be held at the places so fixed. The polling | ||||||
22 | places shall in all cases be upon the ground floor in the front | ||||||
23 | room, the entrance to which is in a highway or public street | ||||||
24 | which is at least 40 feet wide, and is as near the center of | ||||||
25 | the voting population of the precinct as is practicable, and | ||||||
26 | for the convenience of the greatest number of electors to vote |
| |||||||
| |||||||
1 | thereat; provided, however, where the County Board is unable | ||||||
2 | to secure a suitable polling place within the boundaries of a | ||||||
3 | precinct, it may select a polling place at the most | ||||||
4 | conveniently located suitable place outside the precinct; but | ||||||
5 | in no case shall an election be held in any residential | ||||||
6 | building, including, but not limited to, an apartment or | ||||||
7 | dormitory, or any room used or occupied as a saloon, dramshop, | ||||||
8 | bowling alley or as a place of resort for idlers and | ||||||
9 | disreputable persons, billiard hall or in any room connected | ||||||
10 | therewith by doors or hallways. No person shall be permitted | ||||||
11 | to vote at any election except at the polling place for the | ||||||
12 | precinct in which he resides, except as otherwise provided in | ||||||
13 | this Section or Article 19 of this Act. In counties having a | ||||||
14 | population of 3,000,000 inhabitants or over the County Board | ||||||
15 | shall divide its election precincts and shall fix and | ||||||
16 | establish places for holding elections as hereinbefore | ||||||
17 | provided during the month of January instead of at its regular | ||||||
18 | meeting in June or at an adjourned meeting in July. | ||||||
19 | However, in the event that additional divisions of | ||||||
20 | election precincts are indicated after a division made by the | ||||||
21 | County Board in the month of January, such additional | ||||||
22 | divisions may be made by the County Board in counties having a | ||||||
23 | population of 3,000,000 inhabitants or over, at the regular | ||||||
24 | meeting in June or at adjourned meeting in July. The county | ||||||
25 | board of such county may divide or readjust precincts at any | ||||||
26 | meeting of the county board when the voter registration in a |
| |||||||
| |||||||
1 | precinct has increased beyond 1,800 registered voters and an | ||||||
2 | election is scheduled before the next regular January or June | ||||||
3 | meeting of the county board. | ||||||
4 | When in any city, village or incorporated town territory | ||||||
5 | has been annexed thereto or disconnected therefrom, which | ||||||
6 | annexation or disconnection becomes effective after election | ||||||
7 | precincts or election districts have been established as above | ||||||
8 | provided in this Section, the clerk of the municipality shall | ||||||
9 | inform the county clerk thereof as provided in Section 4-21, | ||||||
10 | 5-28.1, or 6-31.1, whichever is applicable. In the event that | ||||||
11 | a regular meeting of the County Board is to be held after such | ||||||
12 | notification and before any election, the County Board shall, | ||||||
13 | at its next regular meeting establish new election precinct | ||||||
14 | lines in affected territory. In the event that no regular | ||||||
15 | meeting of the County Board is to be held before such election | ||||||
16 | the county clerk shall, within 5 days after being so informed, | ||||||
17 | call a special meeting of the county board on a day fixed by | ||||||
18 | him not more than 20 days thereafter for the purpose of | ||||||
19 | establishing election precincts or election districts in the | ||||||
20 | affected territory for the ensuing elections. | ||||||
21 | At any consolidated primary or consolidated election at | ||||||
22 | which municipal officers are to be elected, and at any | ||||||
23 | emergency referendum at which a public question relating to a | ||||||
24 | municipality is to be voted on, notwithstanding any other | ||||||
25 | provision of this Code, the election authority shall establish | ||||||
26 | a polling place within such municipality, upon the request of |
| |||||||
| |||||||
1 | the municipal council or board of trustees at least 60 days | ||||||
2 | before the election and provided that the municipality | ||||||
3 | provides a suitable polling place. To accomplish this purpose, | ||||||
4 | the election authority may establish an election precinct | ||||||
5 | constituting a single municipality of under 500 population for | ||||||
6 | all elections, notwithstanding the minimum precinct size | ||||||
7 | otherwise specified herein. | ||||||
8 | Notwithstanding the above, when there are no more than 50 | ||||||
9 | registered voters in a precinct who are entitled to vote in a | ||||||
10 | local government or school district election, the election | ||||||
11 | authority having jurisdiction over the precinct is authorized | ||||||
12 | to reassign such voters to one or more polling places in | ||||||
13 | adjacent precincts, within or without the election authority's | ||||||
14 | jurisdiction, for that election. For the purposes of such | ||||||
15 | local government or school district election only, the votes | ||||||
16 | of the reassigned voters shall be tallied and canvassed as | ||||||
17 | votes from the precinct of the polling place to which such | ||||||
18 | voters have been reassigned. The election authority having | ||||||
19 | jurisdiction over the precinct shall approve all | ||||||
20 | administrative and polling place procedures. Such procedures | ||||||
21 | shall take into account voter convenience, and ensure that the | ||||||
22 | integrity of the election process is maintained and that the | ||||||
23 | secrecy of the ballot is not violated. | ||||||
24 | Except in the event of a fire, flood or total loss of heat | ||||||
25 | in a place fixed or established by any county board or election | ||||||
26 | authority pursuant to this Section as a polling place for an |
| |||||||
| |||||||
1 | election, no election authority shall change the location of a | ||||||
2 | polling place so established for any precinct after notice of | ||||||
3 | the place of holding the election for that precinct has been | ||||||
4 | given as required under Article 12 unless the election | ||||||
5 | authority notifies all registered voters in the precinct of | ||||||
6 | the change in location by first class mail in sufficient time | ||||||
7 | for such notice to be received by the registered voters in the | ||||||
8 | precinct at least one day prior to the date of the election. | ||||||
9 | The provisions of this Section apply to all precincts, | ||||||
10 | including those where voting machines or electronic voting | ||||||
11 | systems are used. | ||||||
12 | (Source: P.A. 102-668, eff. 11-15-21.) | ||||||
13 | (10 ILCS 5/11-8) | ||||||
14 | (Section scheduled to be repealed on July 1, 2029) | ||||||
15 | Sec. 11-8. Vote centers. | ||||||
16 | (a) Notwithstanding any law to the contrary, election | ||||||
17 | authorities shall establish at least 2 locations that provide | ||||||
18 | curbside voting one location to be located at : (i) at least one | ||||||
19 | location shall be located in a municipality with a population | ||||||
20 | of less than 5,000 that is accessible to the greatest number of | ||||||
21 | rural voters; and (ii) at least one location shall be located | ||||||
22 | in an office of the election authority or in the largest | ||||||
23 | municipality within its jurisdiction where all voters in its | ||||||
24 | jurisdiction are allowed to vote on election day during | ||||||
25 | polling place hours, regardless of the precinct in which they |
| |||||||
| |||||||
1 | are registered , and that location shall provide curbside | ||||||
2 | voting. Election authorities may establish more than one vote | ||||||
3 | center, but in jurisdictions with a population of more than | ||||||
4 | 500,000 inhabitants, the election authority shall establish at | ||||||
5 | least 2 vote centers . An election authority establishing such | ||||||
6 | a vote center location under this Section shall identify the | ||||||
7 | locations location and any health and safety requirements by | ||||||
8 | the 40th day preceding an election and shall certify such to | ||||||
9 | the State Board of Elections. | ||||||
10 | (b) This Section is repealed on July 1, 2029. | ||||||
11 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
12 | 102-1109, eff. 12-21-22; 103-467, eff. 8-4-23.) | ||||||
13 | (10 ILCS 5/16-5) (from Ch. 46, par. 16-5) | ||||||
14 | Sec. 16-5. Distribution of ballots. | ||||||
15 | (a) For all elections to which this article applies, the | ||||||
16 | county clerks, in their respective counties, shall have charge | ||||||
17 | of the printing of the ballots for all elections, including | ||||||
18 | referenda, and shall furnish them to the judges of election. | ||||||
19 | In municipalities and counties having a board of election | ||||||
20 | commissioners, such board shall have charge of the printing of | ||||||
21 | the ballots and furnish them to the judges of election within | ||||||
22 | the territory under their jurisdiction. Ballots shall be | ||||||
23 | printed and in possession of the respective election | ||||||
24 | authorities at least two days before each election and subject | ||||||
25 | to the inspection of candidates and their agents; if any |
| |||||||
| |||||||
1 | mistakes be discovered they shall be corrected without delay. | ||||||
2 | The election authority shall cause to be delivered to the | ||||||
3 | judges of election at the polling place of each precinct or | ||||||
4 | district, not less than twelve hours before the time fixed by | ||||||
5 | law for the opening of the polls therein, at least 10% more | ||||||
6 | ballots of the kind to be voted in such precinct or district | ||||||
7 | than the number of voters registered therein for the purposes | ||||||
8 | of such election, such ballots shall be put up in separate | ||||||
9 | sealed packages, with marks on the outside clearly designating | ||||||
10 | the polling place for which they are intended and the number of | ||||||
11 | ballots enclosed, and receipt therefor shall be given by the | ||||||
12 | judges of election to whom they are delivered, which receipt | ||||||
13 | shall be preserved by the election authority. The election | ||||||
14 | authority shall provide and retain at its office an ample | ||||||
15 | supply of ballots, in addition to those distributed to the | ||||||
16 | several voting precincts or districts, and if at any time on or | ||||||
17 | before the day of election the ballots furnished to any | ||||||
18 | precinct shall be lost, destroyed or exhausted before the | ||||||
19 | polls are closed, on written application signed by a majority | ||||||
20 | of the judges he or they shall immediately cause to be | ||||||
21 | delivered to such judges at the polling place, such additional | ||||||
22 | supply of ballots as may be required and sufficient to comply | ||||||
23 | with the provisions of this Act. | ||||||
24 | (b) No person, other than a person acting on behalf of an | ||||||
25 | election authority, shall print and distribute ballots to the | ||||||
26 | judges of election at a polling place at a precinct or |
| |||||||
| |||||||
1 | district. | ||||||
2 | (c) Each election authority shall keep a secure record of | ||||||
3 | the number of ballots printed and distributed to the judges of | ||||||
4 | election at each polling place of each precinct or district. | ||||||
5 | The State Board of Elections shall develop standards that each | ||||||
6 | election authority shall implement for the 2026 general | ||||||
7 | primary election, and all subsequent elections, to count and | ||||||
8 | track the number of ballots printed and distributed as | ||||||
9 | described in this Section. | ||||||
10 | (Source: P.A. 80-1469.) | ||||||
11 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | ||||||
12 | Sec. 17-9. Any person desiring to vote shall (i) present | ||||||
13 | to the judges of election for verification of the person's | ||||||
14 | identity a government-issued photo identification card, as | ||||||
15 | defined in Section 3-8, or his or her Voter Identification | ||||||
16 | Card and (ii) give his name and, if required to do so, his | ||||||
17 | residence to the judges of election, one of whom shall | ||||||
18 | thereupon announce the same in a loud and distinct tone of | ||||||
19 | voice, clear, and audible; the judges of elections shall check | ||||||
20 | each application for ballot against the list of voters | ||||||
21 | registered in that precinct to whom grace period, vote by | ||||||
22 | mail, or early ballots have been issued for that election, | ||||||
23 | which shall be provided by the election authority and which | ||||||
24 | list shall be available for inspection by pollwatchers. A | ||||||
25 | voter applying to vote in the precinct on election day whose |
| |||||||
| |||||||
1 | name appears on the list as having been issued a grace period, | ||||||
2 | vote by mail, or early ballot shall not be permitted to vote in | ||||||
3 | the precinct, except that a voter to whom a vote by mail ballot | ||||||
4 | was issued may vote in the precinct if the voter submits to the | ||||||
5 | election judges that vote by mail ballot for cancellation. If | ||||||
6 | the voter is unable to submit the vote by mail ballot, it shall | ||||||
7 | be sufficient for the voter to submit to the election judges | ||||||
8 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
9 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
10 | before the election judges specifying that (A) the voter never | ||||||
11 | received a vote by mail ballot or (B) the voter completed and | ||||||
12 | returned a vote by mail ballot and was informed that the | ||||||
13 | election authority did not receive that vote by mail ballot. | ||||||
14 | All applicable provisions of Articles 4, 5 or 6 shall be | ||||||
15 | complied with and if such name is found on the register of | ||||||
16 | voters by the officer having charge thereof, he shall likewise | ||||||
17 | repeat said name, and the voter shall be allowed to enter | ||||||
18 | within the proximity of the voting booths, as above provided. | ||||||
19 | One of the judges shall give the voter one, and only one of | ||||||
20 | each ballot to be voted at the election, on the back of which | ||||||
21 | ballots such judge shall indorse his initials in such manner | ||||||
22 | that they may be seen when each such ballot is properly folded, | ||||||
23 | and the voter's name shall be immediately checked on the | ||||||
24 | register list. In those election jurisdictions where | ||||||
25 | perforated ballot cards are utilized of the type on which | ||||||
26 | write-in votes can be cast above the perforation, the election |
| |||||||
| |||||||
1 | authority shall provide a space both above and below the | ||||||
2 | perforation for the judge's initials, and the judge shall | ||||||
3 | endorse his or her initials in both spaces. Whenever a | ||||||
4 | proposal for a constitutional amendment or for the calling of | ||||||
5 | a constitutional convention is to be voted upon at the | ||||||
6 | election, the separate blue ballot or ballots pertaining | ||||||
7 | thereto shall, when being handed to the voter, be placed on top | ||||||
8 | of the other ballots to be voted at the election in such manner | ||||||
9 | that the legend appearing on the back thereof, as prescribed | ||||||
10 | in Section 16-6 of this Act, shall be plainly visible to the | ||||||
11 | voter. At all elections, when a registry may be required, if | ||||||
12 | the name of any person so desiring to vote at such election is | ||||||
13 | not found on the register of voters, he or she shall not | ||||||
14 | receive a ballot until he or she shall have complied with the | ||||||
15 | law prescribing the manner and conditions of voting by | ||||||
16 | unregistered voters. If any person desiring to vote at any | ||||||
17 | election shall be challenged, he or she shall not receive a | ||||||
18 | ballot until he or she shall have established his right to vote | ||||||
19 | in the manner provided hereinafter; and if he or she shall be | ||||||
20 | challenged after he has received his ballot, he shall not be | ||||||
21 | permitted to vote until he or she has fully complied with such | ||||||
22 | requirements of the law upon being challenged. Besides the | ||||||
23 | election officer, not more than 2 voters in excess of the whole | ||||||
24 | number of voting booths provided shall be allowed within the | ||||||
25 | proximity of the voting booths at one time. The provisions of | ||||||
26 | this Act, so far as they require the registration of voters as |
| |||||||
| |||||||
1 | a condition to their being allowed to vote shall not apply to | ||||||
2 | persons otherwise entitled to vote, who are, at the time of the | ||||||
3 | election, or at any time within 60 days prior to such election | ||||||
4 | have been engaged in the military or naval service of the | ||||||
5 | United States, and who appear personally at the polling place | ||||||
6 | on election day and produce to the judges of election | ||||||
7 | satisfactory evidence thereof, but such persons, if otherwise | ||||||
8 | qualified to vote, shall be permitted to vote at such election | ||||||
9 | without previous registration. | ||||||
10 | All such persons shall also make an affidavit which shall | ||||||
11 | be in substantially the following form: | ||||||
12 | State of Illinois,)
| ||||||
13 | ) ss.
| ||||||
14 | County of ........)
| ||||||
15 | ............... Precinct .......... Ward | ||||||
16 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
17 | of the United States, of the age of 18 years or over, and that | ||||||
18 | within the past 60 days prior to the date of this election at | ||||||
19 | which I am applying to vote, I have been engaged in the .... | ||||||
20 | (military or naval) service of the United States; and I am | ||||||
21 | qualified to vote under and by virtue of the Constitution and | ||||||
22 | laws of the State of Illinois, and that I am a legally | ||||||
23 | qualified voter of this precinct and ward except that I have, | ||||||
24 | because of such service, been unable to register as a voter; | ||||||
25 | that I now reside at .... (insert street and number, if any) in | ||||||
26 | this precinct and ward; that I have maintained a legal |
| |||||||
| |||||||
1 | residence in this precinct and ward for 30 days and in this | ||||||
2 | State 30 days next preceding this election. | ||||||
3 | ......................... | ||||||
4 | Subscribed and sworn to before me on (insert date). | ||||||
5 | ......................... | ||||||
6 | Judge of Election. | ||||||
7 | The affidavit of any such person shall be supported by the | ||||||
8 | affidavit of a resident and qualified voter of any such | ||||||
9 | precinct and ward, which affidavit shall be in substantially | ||||||
10 | the following form: | ||||||
11 | State of Illinois,)
| ||||||
12 | ) ss.
| ||||||
13 | County of ........)
| ||||||
14 | ........... Precinct ........... Ward | ||||||
15 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
16 | resident of this precinct and ward and entitled to vote at this | ||||||
17 | election; that I am acquainted with .... (name of the | ||||||
18 | applicant); that I verily believe him to be an actual bona fide | ||||||
19 | resident of this precinct and ward and that I verily believe | ||||||
20 | that he or she has maintained a legal residence therein 30 days | ||||||
21 | and in this State 30 days next preceding this election. | ||||||
22 | ......................... | ||||||
23 | Subscribed and sworn to before me on (insert date). | ||||||
24 | ......................... | ||||||
25 | Judge of Election. |
| |||||||
| |||||||
1 | All affidavits made under the provisions of this Section | ||||||
2 | shall be enclosed in a separate envelope securely sealed, and | ||||||
3 | shall be transmitted with the returns of the elections to the | ||||||
4 | county clerk or to the board of election commissioners, who | ||||||
5 | shall preserve the said affidavits for the period of 6 months, | ||||||
6 | during which period such affidavits shall be deemed public | ||||||
7 | records and shall be freely open to examination as such. | ||||||
8 | (Source: P.A. 98-1171, eff. 6-1-15 .) | ||||||
9 | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29) | ||||||
10 | Sec. 17-29. (a) No judge of election, pollwatcher, or | ||||||
11 | other person shall, at any primary or election, do any | ||||||
12 | electioneering or soliciting of votes or engage in any | ||||||
13 | political discussion within any polling place, within 100 feet | ||||||
14 | of any polling place, or, at the option of a church or private | ||||||
15 | school, on any of the property of that church or private school | ||||||
16 | that is a polling place; no person shall interrupt, hinder or | ||||||
17 | oppose any voter while approaching within those areas for the | ||||||
18 | purpose of voting. Judges of election shall enforce the | ||||||
19 | provisions of this Section. | ||||||
20 | (b) Election officers shall place 2 or more cones, small | ||||||
21 | United States national flags, or some other marker a distance | ||||||
22 | of 100 horizontal feet from each entrance to the room used by | ||||||
23 | voters to engage in voting, which shall be known as the polling | ||||||
24 | room. If the polling room is located within a building that is |
| |||||||
| |||||||
1 | a private business, a public or private school, or a church or | ||||||
2 | other organization founded for the purpose of religious | ||||||
3 | worship and the distance of 100 horizontal feet ends within | ||||||
4 | the interior of the building, then the markers shall be placed | ||||||
5 | outside of the building at each entrance used by voters to | ||||||
6 | enter that building on the grounds adjacent to the | ||||||
7 | thoroughfare or walkway. If the polling room is located within | ||||||
8 | a public or private building with 2 or more floors and the | ||||||
9 | polling room is located on the ground floor, then the markers | ||||||
10 | shall be placed 100 horizontal feet from each entrance to the | ||||||
11 | polling room used by voters to engage in voting. If the polling | ||||||
12 | room is located in a public or private building with 2 or more | ||||||
13 | floors and the polling room is located on a floor above or | ||||||
14 | below the ground floor, then the markers shall be placed a | ||||||
15 | distance of 100 feet from the nearest elevator or staircase | ||||||
16 | used by voters on the ground floor to access the floor where | ||||||
17 | the polling room is located. The area within where the markers | ||||||
18 | are placed shall be known as a campaign free zone, and | ||||||
19 | electioneering is prohibited pursuant to this subsection. | ||||||
20 | Notwithstanding any other provision of this Section, a church | ||||||
21 | or private school may choose to apply the campaign free zone to | ||||||
22 | its entire property, and, if so, the markers shall be placed | ||||||
23 | near the boundaries on the grounds adjacent to the | ||||||
24 | thoroughfares or walkways leading to the entrances used by the | ||||||
25 | voters. If an election authority maintains a website, no later | ||||||
26 | than 5 days before election day, each election authority shall |
| |||||||
| |||||||
1 | post on its website the name and address of every polling place | ||||||
2 | designated as a campaign free zone. This information shall be | ||||||
3 | immediately provided to any person upon request, and a | ||||||
4 | requester shall not be required to submit a request under the | ||||||
5 | Freedom of Information Act. | ||||||
6 | The area on polling place property beyond the campaign | ||||||
7 | free zone, whether publicly or privately owned, is a public | ||||||
8 | forum for the time that the polls are open on an election day. | ||||||
9 | At the request of election officers any publicly owned | ||||||
10 | building must be made available for use as a polling place. A | ||||||
11 | person shall have the right to congregate and engage in | ||||||
12 | electioneering on any polling place property while the polls | ||||||
13 | are open beyond the campaign free zone, including but not | ||||||
14 | limited to, the placement of temporary signs. This subsection | ||||||
15 | shall be construed liberally in favor of persons engaging in | ||||||
16 | electioneering on all polling place property beyond the | ||||||
17 | campaign free zone for the time that the polls are open on an | ||||||
18 | election day. At or near the door of each polling place, the | ||||||
19 | election judges shall place signage indicating the proper | ||||||
20 | entrance to the polling place. In addition, the election | ||||||
21 | judges shall ensure that a sign identifying the location of | ||||||
22 | the polling place is placed on a nearby public roadway. The | ||||||
23 | State Board of Elections shall establish guidelines for the | ||||||
24 | placement of polling place signage. | ||||||
25 | (c) The regulation of electioneering on polling place | ||||||
26 | property on an election day, including but not limited to the |
| |||||||
| |||||||
1 | placement of temporary signs, is an exclusive power and | ||||||
2 | function of the State. A home rule unit may not regulate | ||||||
3 | electioneering and any ordinance or local law contrary to | ||||||
4 | subsection (c) is declared void. This is a denial and | ||||||
5 | limitation of home rule powers and functions under subsection | ||||||
6 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
7 | (d) As used in this Section, "electioneering" includes, | ||||||
8 | except in the ordinary course of business, the distribution of | ||||||
9 | food or drinks to voters. | ||||||
10 | (Source: P.A. 98-1171, eff. 6-1-15 .) | ||||||
11 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) | ||||||
12 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
13 | found upon the register of voters by the person having charge | ||||||
14 | thereof shall (i) present to the judges of election for | ||||||
15 | verification of the person's identity a government-issued | ||||||
16 | photo identification card, as defined in Section 3-8, or his | ||||||
17 | or her Voter Identification Card, (ii) , shall then be | ||||||
18 | questioned by one of the judges as to his nativity, his term of | ||||||
19 | residence at present address, precinct, State and United | ||||||
20 | States, his age, whether naturalized and if so the date of | ||||||
21 | naturalization papers and court from which secured, and (iii) | ||||||
22 | he shall be asked to state his residence when last previously | ||||||
23 | registered and the date of the election for which he then | ||||||
24 | registered. The judges of elections shall check each | ||||||
25 | application for ballot against the list of voters registered |
| |||||||
| |||||||
1 | in that precinct to whom grace period, vote by mail, and early | ||||||
2 | ballots have been issued for that election, which shall be | ||||||
3 | provided by the election authority and which list shall be | ||||||
4 | available for inspection by pollwatchers. A voter applying to | ||||||
5 | vote in the precinct on election day whose name appears on the | ||||||
6 | list as having been issued a grace period, vote by mail, or | ||||||
7 | early ballot shall not be permitted to vote in the precinct, | ||||||
8 | except that a voter to whom a vote by mail ballot was issued | ||||||
9 | may vote in the precinct if the voter submits to the election | ||||||
10 | judges that vote by mail ballot for cancellation. If the voter | ||||||
11 | is unable to submit the vote by mail ballot, it shall be | ||||||
12 | sufficient for the voter to submit to the election judges (i) a | ||||||
13 | portion of the vote by mail ballot if the vote by mail ballot | ||||||
14 | was torn or mutilated or (ii) an affidavit executed before the | ||||||
15 | election judges specifying that (A) the voter never received a | ||||||
16 | vote by mail ballot or (B) the voter completed and returned a | ||||||
17 | vote by mail ballot and was informed that the election | ||||||
18 | authority did not receive that vote by mail ballot. If such | ||||||
19 | person so registered shall be challenged as disqualified, the | ||||||
20 | party challenging shall assign his reasons therefor, and | ||||||
21 | thereupon one of the judges shall administer to him an oath to | ||||||
22 | answer questions, and if he shall take the oath he shall then | ||||||
23 | be questioned by the judge or judges touching such cause of | ||||||
24 | challenge, and touching any other cause of disqualification. | ||||||
25 | And he may also be questioned by the person challenging him in | ||||||
26 | regard to his qualifications and identity. But if a majority |
| |||||||
| |||||||
1 | of the judges are of the opinion that he is the person so | ||||||
2 | registered and a qualified voter, his vote shall then be | ||||||
3 | received accordingly. But if his vote be rejected by such | ||||||
4 | judges, such person may afterward produce and deliver an | ||||||
5 | affidavit to such judges, subscribed and sworn to by him | ||||||
6 | before one of the judges, in which it shall be stated how long | ||||||
7 | he has resided in such precinct, and state; that he is a | ||||||
8 | citizen of the United States, and is a duly qualified voter in | ||||||
9 | such precinct, and that he is the identical person so | ||||||
10 | registered. In addition to such an affidavit, the person so | ||||||
11 | challenged shall provide to the judges of election proof of | ||||||
12 | residence by producing 2 forms of identification showing the | ||||||
13 | person's current residence address, provided that such | ||||||
14 | identification may include a lease or contract for a residence | ||||||
15 | and not more than one piece of mail addressed to the person at | ||||||
16 | his current residence address and postmarked not earlier than | ||||||
17 | 30 days prior to the date of the election, or the person shall | ||||||
18 | procure a witness personally known to the judges of election, | ||||||
19 | and resident in the precinct (or district), or who shall be | ||||||
20 | proved by some legal voter of such precinct or district, known | ||||||
21 | to the judges to be such, who shall take the oath following, | ||||||
22 | viz: | ||||||
23 | I do solemnly swear (or affirm) that I am a resident of | ||||||
24 | this election precinct (or district), and entitled to vote at | ||||||
25 | this election, and that I have been a resident of this State | ||||||
26 | for 30 days last past, and am well acquainted with the person |
| |||||||
| |||||||
1 | whose vote is now offered; that he is an actual and bona fide | ||||||
2 | resident of this election precinct (or district), and has | ||||||
3 | resided herein 30 days, and as I verily believe, in this State, | ||||||
4 | 30 days next preceding this election. | ||||||
5 | The oath in each case may be administered by one of the | ||||||
6 | judges of election, or by any officer, resident in the | ||||||
7 | precinct or district, authorized by law to administer oaths. | ||||||
8 | Also supported by an affidavit by a registered voter residing | ||||||
9 | in such precinct, stating his own residence, and that he knows | ||||||
10 | such person; and that he does reside at the place mentioned and | ||||||
11 | has resided in such precinct and state for the length of time | ||||||
12 | as stated by such person, which shall be subscribed and sworn | ||||||
13 | to in the same way. For purposes of this Section, the | ||||||
14 | submission of a photo identification issued by a college or | ||||||
15 | university, accompanied by either (i) a copy of the | ||||||
16 | applicant's contract or lease for a residence or (ii) one | ||||||
17 | piece of mail addressed to the person at his or her current | ||||||
18 | residence address and postmarked not earlier than 30 days | ||||||
19 | prior to the date of the election, shall be sufficient to | ||||||
20 | establish proof of residence. Whereupon the vote of such | ||||||
21 | person shall be received, and entered as other votes. But such | ||||||
22 | judges, having charge of such registers, shall state in their | ||||||
23 | respective books the facts in such case, and the affidavits, | ||||||
24 | so delivered to the judges, shall be preserved and returned to | ||||||
25 | the office of the commissioners of election. Blank affidavits | ||||||
26 | of the character aforesaid shall be sent out to the judges of |
| |||||||
| |||||||
1 | all the precincts, and the judges of election shall furnish | ||||||
2 | the same on demand and administer the oaths without criticism. | ||||||
3 | Such oaths, if administered by any other officer than such | ||||||
4 | judge of election, shall not be received. Whenever a proposal | ||||||
5 | for a constitutional amendment or for the calling of a | ||||||
6 | constitutional convention is to be voted upon at the election, | ||||||
7 | the separate blue ballot or ballots pertaining thereto shall | ||||||
8 | be placed on top of the other ballots to be voted at the | ||||||
9 | election in such manner that the legend appearing on the back | ||||||
10 | thereof, as prescribed in Section 16-6 of this Act, shall be | ||||||
11 | plainly visible to the voter, and in this fashion the ballots | ||||||
12 | shall be handed to the voter by the judge. | ||||||
13 | Immediately after voting, the voter shall be instructed | ||||||
14 | whether the voting equipment, if used, accepted or rejected | ||||||
15 | the ballot or identified the ballot as under-voted. A voter | ||||||
16 | whose ballot is identified as under-voted for a statewide | ||||||
17 | constitutional office may return to the voting booth and | ||||||
18 | complete the voting of that ballot. A voter whose ballot is not | ||||||
19 | accepted by the voting equipment may, upon surrendering the | ||||||
20 | ballot, request and vote another ballot. The voter's | ||||||
21 | surrendered ballot shall be initialed by the election judge | ||||||
22 | and handled as provided in the appropriate Article governing | ||||||
23 | that voting equipment. | ||||||
24 | The voter shall, upon quitting the voting booth, deliver | ||||||
25 | to one of the judges of election all of the ballots, properly | ||||||
26 | folded, which he received. The judge of election to whom the |
| |||||||
| |||||||
1 | voter delivers his ballots shall not accept the same unless | ||||||
2 | all of the ballots given to the voter are returned by him. If a | ||||||
3 | voter delivers less than all of the ballots given to him, the | ||||||
4 | judge to whom the same are offered shall advise him in a voice | ||||||
5 | clearly audible to the other judges of election that the voter | ||||||
6 | must return the remainder of the ballots. The statement of the | ||||||
7 | judge to the voter shall clearly express the fact that the | ||||||
8 | voter is not required to vote such remaining ballots but that | ||||||
9 | whether or not he votes them he must fold and deliver them to | ||||||
10 | the judge. In making such statement the judge of election | ||||||
11 | shall not indicate by word, gesture or intonation of voice | ||||||
12 | that the unreturned ballots shall be voted in any particular | ||||||
13 | manner. No new voter shall be permitted to enter the voting | ||||||
14 | booth of a voter who has failed to deliver the total number of | ||||||
15 | ballots received by him until such voter has returned to the | ||||||
16 | voting booth pursuant to the judge's request and again quit | ||||||
17 | the booth with all of the ballots required to be returned by | ||||||
18 | him. Upon receipt of all such ballots the judges of election | ||||||
19 | shall enter the name of the voter, and his number, as above | ||||||
20 | provided in this Section, and the judge to whom the ballots are | ||||||
21 | delivered shall immediately put the ballots into the ballot | ||||||
22 | box. If any voter who has failed to deliver all the ballots | ||||||
23 | received by him refuses to return to the voting booth after | ||||||
24 | being advised by the judge of election as herein provided, the | ||||||
25 | judge shall inform the other judges of such refusal, and | ||||||
26 | thereupon the ballot or ballots returned to the judge shall be |
| |||||||
| |||||||
1 | deposited in the ballot box, the voter shall be permitted to | ||||||
2 | depart from the polling place, and a new voter shall be | ||||||
3 | permitted to enter the voting booth. | ||||||
4 | The judge of election who receives the ballot or ballots | ||||||
5 | from the voter shall announce the residence and name of such | ||||||
6 | voter in a loud voice. The judge shall put the ballot or | ||||||
7 | ballots received from the voter into the ballot box in the | ||||||
8 | presence of the voter and the judges of election, and in plain | ||||||
9 | view of the public. The judges having charge of such registers | ||||||
10 | shall then, in a column prepared thereon, in the same line of, | ||||||
11 | the name of the voter, mark "Voted" or the letter "V". | ||||||
12 | No judge of election shall accept from any voter less than | ||||||
13 | the full number of ballots received by such voter without | ||||||
14 | first advising the voter in the manner above provided of the | ||||||
15 | necessity of returning all of the ballots, nor shall any such | ||||||
16 | judge advise such voter in a manner contrary to that which is | ||||||
17 | herein permitted, or in any other manner violate the | ||||||
18 | provisions of this Section; provided, that the acceptance by a | ||||||
19 | judge of election of less than the full number of ballots | ||||||
20 | delivered to a voter who refuses to return to the voting booth | ||||||
21 | after being properly advised by such judge shall not be a | ||||||
22 | violation of this Section. | ||||||
23 | (Source: P.A. 98-1171, eff. 6-1-15 .) | ||||||
24 | (10 ILCS 5/18A-5) | ||||||
25 | Sec. 18A-5. Provisional voting; general provisions. |
| |||||||
| |||||||
1 | (a) A person who claims to be a registered voter is | ||||||
2 | entitled to cast a provisional ballot under the following | ||||||
3 | circumstances: | ||||||
4 | (1) The person's name does not appear on the official | ||||||
5 | list of eligible voters for the precinct in which the | ||||||
6 | person seeks to vote and the person has refused an | ||||||
7 | opportunity to register at the polling location or another | ||||||
8 | grace period registration site. The official list is the | ||||||
9 | centralized statewide voter registration list established | ||||||
10 | and maintained in accordance with Section 1A-25; | ||||||
11 | (2) The person's voting status has been challenged by | ||||||
12 | an election judge, a pollwatcher, or any legal voter and | ||||||
13 | that challenge has been sustained by a majority of the | ||||||
14 | election judges; | ||||||
15 | (3) A federal or State court order extends the time | ||||||
16 | for closing the polls beyond the time period established | ||||||
17 | by State law and the person votes during the extended time | ||||||
18 | period; | ||||||
19 | (4) The voter registered to vote by mail and is | ||||||
20 | required by law to present identification when voting | ||||||
21 | either in person , in the case of a voter who registered by | ||||||
22 | mail, when voting or by early voting ballot, but fails to | ||||||
23 | provide an acceptable form of photo identification, as | ||||||
24 | described in Section 3-8, or a Voter Identification Card | ||||||
25 | issued under Section 1-14 do so ; | ||||||
26 | (5) The voter's name appears on the list of voters who |
| |||||||
| |||||||
1 | voted during the early voting period, but the voter claims | ||||||
2 | not to have voted during the early voting period; | ||||||
3 | (6) The voter received a vote by mail ballot but did | ||||||
4 | not return the vote by mail ballot to the election | ||||||
5 | authority; or | ||||||
6 | (7) The voter attempted to register to vote on | ||||||
7 | election day, but failed to provide the necessary | ||||||
8 | documentation. | ||||||
9 | (b) The procedure for obtaining and casting a provisional | ||||||
10 | ballot at the polling place shall be as follows: | ||||||
11 | (1) After first verifying through an examination of | ||||||
12 | the precinct register that the person's address is within | ||||||
13 | the precinct boundaries, an election judge at the polling | ||||||
14 | place shall notify a person who is entitled to cast a | ||||||
15 | provisional ballot pursuant to subsection (a) that he or | ||||||
16 | she may cast a provisional ballot in that election. An | ||||||
17 | election judge must accept any information provided by a | ||||||
18 | person who casts a provisional ballot that the person | ||||||
19 | believes supports his or her claim that he or she is a duly | ||||||
20 | registered voter and qualified to vote in the election. | ||||||
21 | However, if the person's residence address is outside the | ||||||
22 | precinct boundaries, the election judge shall inform the | ||||||
23 | person of that fact, give the person the appropriate | ||||||
24 | telephone number of the election authority in order to | ||||||
25 | locate the polling place assigned to serve that address, | ||||||
26 | and instruct the person to go to the proper polling place |
| |||||||
| |||||||
1 | to vote. | ||||||
2 | (2) The person shall execute a written form provided | ||||||
3 | by the election judge that shall state or contain all of | ||||||
4 | the following that is available: | ||||||
5 | (i) an affidavit stating the following: | ||||||
6 | State of Illinois, County of ................, | ||||||
7 | Township ............., Precinct ........, Ward | ||||||
8 | ........, I, ......................., do solemnly | ||||||
9 | swear (or affirm) that: I am a citizen of the | ||||||
10 | United States; I am 18 years of age or older; I | ||||||
11 | have resided in this State and in this precinct | ||||||
12 | for 30 days preceding this election; I have not | ||||||
13 | voted in this election; I am a duly registered | ||||||
14 | voter in every respect; and I am eligible to vote | ||||||
15 | in this election. Signature ...... Printed Name of | ||||||
16 | Voter ....... Printed Residence Address of Voter | ||||||
17 | ...... City ...... State .... Zip Code ..... | ||||||
18 | Telephone Number ...... Date of Birth ....... and | ||||||
19 | Illinois Driver's License Number ....... or Last 4 | ||||||
20 | digits of Social Security Number ...... or State | ||||||
21 | Identification Card Number issued to you by the | ||||||
22 | Illinois Secretary of State ........ | ||||||
23 | (ii) A box for the election judge to check one of | ||||||
24 | the reasons why the person was given a provisional | ||||||
25 | ballot under subsection (a) of this Section. | ||||||
26 | (iii) An area for the election judge to affix his |
| |||||||
| |||||||
1 | or her signature and to set forth any facts that | ||||||
2 | support or oppose the allegation that the person is | ||||||
3 | not qualified to vote in the precinct in which the | ||||||
4 | person is seeking to vote. | ||||||
5 | The written affidavit form described in this | ||||||
6 | subsection (b)(2) must be printed on a multi-part form | ||||||
7 | prescribed by the county clerk or board of election | ||||||
8 | commissioners, as the case may be. | ||||||
9 | (3) After the person executes the portion of the | ||||||
10 | written affidavit described in subsection (b)(2)(i) of | ||||||
11 | this Section, the election judge shall complete the | ||||||
12 | portion of the written affidavit described in subsection | ||||||
13 | (b)(2)(iii) and (b)(2)(iv). | ||||||
14 | (4) The election judge shall give a copy of the | ||||||
15 | completed written affidavit to the person. The election | ||||||
16 | judge shall place the original written affidavit in a | ||||||
17 | self-adhesive clear plastic packing list envelope that | ||||||
18 | must be attached to a separate envelope marked as a | ||||||
19 | "provisional ballot envelope". The election judge shall | ||||||
20 | also place any information provided by the person who | ||||||
21 | casts a provisional ballot in the clear plastic packing | ||||||
22 | list envelope. Each county clerk or board of election | ||||||
23 | commissioners, as the case may be, must design, obtain or | ||||||
24 | procure self-adhesive clear plastic packing list envelopes | ||||||
25 | and provisional ballot envelopes that are suitable for | ||||||
26 | implementing this subsection (b)(4) of this Section. |
| |||||||
| |||||||
1 | (5) The election judge shall provide the person with a | ||||||
2 | provisional ballot, written instructions for casting a | ||||||
3 | provisional ballot, and the provisional ballot envelope | ||||||
4 | with the clear plastic packing list envelope affixed to | ||||||
5 | it, which contains the person's original written affidavit | ||||||
6 | and, if any, information provided by the provisional voter | ||||||
7 | to support his or her claim that he or she is a duly | ||||||
8 | registered voter. An election judge must also give the | ||||||
9 | person written information that states that any person who | ||||||
10 | casts a provisional ballot shall be able to ascertain, | ||||||
11 | pursuant to guidelines established by the State Board of | ||||||
12 | Elections, whether the provisional vote was counted in the | ||||||
13 | official canvass of votes for that election and, if the | ||||||
14 | provisional vote was not counted, the reason that the vote | ||||||
15 | was not counted. | ||||||
16 | (6) After the person has completed marking his or her | ||||||
17 | provisional ballot, he or she shall place the marked | ||||||
18 | ballot inside of the provisional ballot envelope, close | ||||||
19 | and seal the envelope, and return the envelope to an | ||||||
20 | election judge, who shall then deposit the sealed | ||||||
21 | provisional ballot envelope into a securable container | ||||||
22 | separately identified and utilized for containing sealed | ||||||
23 | provisional ballot envelopes. Ballots that are provisional | ||||||
24 | because they are cast after 7:00 p.m. by court order shall | ||||||
25 | be kept separate from other provisional ballots. Upon the | ||||||
26 | closing of the polls, the securable container shall be |
| |||||||
| |||||||
1 | sealed with filament tape provided for that purpose, which | ||||||
2 | shall be wrapped around the box lengthwise and crosswise, | ||||||
3 | at least twice each way, and each of the election judges | ||||||
4 | shall sign the seal. | ||||||
5 | (c) Instead of the affidavit form described in subsection | ||||||
6 | (b), the county clerk or board of election commissioners, as | ||||||
7 | the case may be, may design and use a multi-part affidavit form | ||||||
8 | that is imprinted upon or attached to the provisional ballot | ||||||
9 | envelope described in subsection (b). If a county clerk or | ||||||
10 | board of election commissioners elects to design and use its | ||||||
11 | own multi-part affidavit form, then the county clerk or board | ||||||
12 | of election commissioners shall establish a mechanism for | ||||||
13 | accepting any information the provisional voter has supplied | ||||||
14 | to the election judge to support his or her claim that he or | ||||||
15 | she is a duly registered voter. In all other respects, a county | ||||||
16 | clerk or board of election commissioners shall establish | ||||||
17 | procedures consistent with subsection (b). | ||||||
18 | (d) The county clerk or board of election commissioners, | ||||||
19 | as the case may be, shall use the completed affidavit form | ||||||
20 | described in subsection (b) to update the person's voter | ||||||
21 | registration information in the State voter registration | ||||||
22 | database and voter registration database of the county clerk | ||||||
23 | or board of election commissioners, as the case may be. If a | ||||||
24 | person is later determined not to be a registered voter based | ||||||
25 | on Section 18A-15 of this Code, then the affidavit shall be | ||||||
26 | processed by the county clerk or board of election |
| |||||||
| |||||||
1 | commissioners, as the case may be, as a voter registration | ||||||
2 | application. | ||||||
3 | (Source: P.A. 100-201, eff. 8-18-17.) | ||||||
4 | (10 ILCS 5/18A-15) | ||||||
5 | Sec. 18A-15. Validating and counting provisional ballots. | ||||||
6 | (a) The county clerk or board of election commissioners | ||||||
7 | shall complete the validation and counting of provisional | ||||||
8 | ballots within 7 14 calendar days after of the day of the | ||||||
9 | election. The county clerk or board of election commissioners | ||||||
10 | shall have 7 calendar days from the completion of the | ||||||
11 | validation and counting of provisional ballots to conduct its | ||||||
12 | final canvass. The State Board of Elections shall complete | ||||||
13 | within 31 calendar days of the election or sooner if all the | ||||||
14 | returns are received, its final canvass of the vote for all | ||||||
15 | public offices. | ||||||
16 | (b) If a county clerk or board of election commissioners | ||||||
17 | determines that all of the following apply, then a provisional | ||||||
18 | ballot is valid and shall be counted as a vote: | ||||||
19 | (1) the provisional voter cast the provisional ballot | ||||||
20 | in the correct precinct based on the address provided by | ||||||
21 | the provisional voter. The provisional voter's affidavit | ||||||
22 | shall serve as a change of address request by that voter | ||||||
23 | for registration purposes for the next ensuing election if | ||||||
24 | it bears an address different from that in the records of | ||||||
25 | the election authority. Votes for federal and statewide |
| |||||||
| |||||||
1 | offices on a provisional ballot cast in the incorrect | ||||||
2 | precinct that meet the other requirements of this | ||||||
3 | subsection shall be valid and counted in accordance with | ||||||
4 | this Article. As used in this item, "federal office" is | ||||||
5 | defined as provided in Section 20-1 and "statewide office" | ||||||
6 | means the Governor, Attorney General, Secretary of State, | ||||||
7 | Comptroller, and Treasurer. Votes for General Assembly, | ||||||
8 | countywide, citywide, or township office on a provisional | ||||||
9 | ballot cast in the incorrect precinct but in the correct | ||||||
10 | legislative district, representative district, county, | ||||||
11 | municipality, or township, as the case may be, shall be | ||||||
12 | valid and counted in accordance with this Article. As used | ||||||
13 | in this item, "citywide office" means an office elected by | ||||||
14 | the electors of an entire municipality. As used in this | ||||||
15 | item, "township office" means an office elected by the | ||||||
16 | electors of an entire township; | ||||||
17 | (2) the affidavit executed by the provisional voter | ||||||
18 | pursuant to subsection (b)(2) of Section 18A-5 contains, | ||||||
19 | at a minimum, the provisional voter's first and last name, | ||||||
20 | house number and street name, and signature or mark; | ||||||
21 | (3) except as permitted by item (5) of subsection (b) | ||||||
22 | of this Section, the provisional voter is a registered | ||||||
23 | voter based on information available to the county clerk | ||||||
24 | or board of election commissioners provided by or obtained | ||||||
25 | from any of the following: | ||||||
26 | i. the provisional voter; |
| |||||||
| |||||||
1 | ii. an election judge; | ||||||
2 | iii. the statewide voter registration database | ||||||
3 | maintained by the State Board of Elections; | ||||||
4 | iv. the records of the county clerk or board of | ||||||
5 | election commissioners' database; or | ||||||
6 | v. the records of the Secretary of State; and | ||||||
7 | (4) for a provisional ballot cast under item (6) of | ||||||
8 | subsection (a) of Section 18A-5, the voter did not vote by | ||||||
9 | mail ballot in the election at which the provisional | ||||||
10 | ballot was cast; or | ||||||
11 | (5) for a provisional ballot cast under item (7) of | ||||||
12 | subsection (a) of Section 18A-5, the voter provides the | ||||||
13 | election authority with the necessary documentation within | ||||||
14 | 7 days of election day. | ||||||
15 | (c) With respect to subsection (b)(3) of this Section, the | ||||||
16 | county clerk or board of election commissioners shall | ||||||
17 | investigate and record whether or not the specified | ||||||
18 | information is available from each of the 5 identified | ||||||
19 | sources. If the information is available from one or more of | ||||||
20 | the identified sources, then the county clerk or board of | ||||||
21 | election commissioners shall seek to obtain the information | ||||||
22 | from each of those sources until satisfied, with information | ||||||
23 | from at least one of those sources, that the provisional voter | ||||||
24 | is registered and entitled to vote. The county clerk or board | ||||||
25 | of election commissioners shall use any information it obtains | ||||||
26 | as the basis for determining the voter registration status of |
| |||||||
| |||||||
1 | the provisional voter. If a conflict exists among the | ||||||
2 | information available to the county clerk or board of election | ||||||
3 | commissioners as to the registration status of the provisional | ||||||
4 | voter, then the county clerk or board of election | ||||||
5 | commissioners shall make a determination based on the totality | ||||||
6 | of the circumstances. In a case where the above information | ||||||
7 | equally supports or opposes the registration status of the | ||||||
8 | voter, the county clerk or board of election commissioners | ||||||
9 | shall decide in favor of the provisional voter as being duly | ||||||
10 | registered to vote. If the statewide voter registration | ||||||
11 | database maintained by the State Board of Elections indicates | ||||||
12 | that the provisional voter is registered to vote, but the | ||||||
13 | county clerk's or board of election commissioners' voter | ||||||
14 | registration database indicates that the provisional voter is | ||||||
15 | not registered to vote, then the information found in the | ||||||
16 | statewide voter registration database shall control the matter | ||||||
17 | and the provisional voter shall be deemed to be registered to | ||||||
18 | vote. If the records of the county clerk or board of election | ||||||
19 | commissioners indicates that the provisional voter is | ||||||
20 | registered to vote, but the statewide voter registration | ||||||
21 | database maintained by the State Board of Elections indicates | ||||||
22 | that the provisional voter is not registered to vote, then the | ||||||
23 | information found in the records of the county clerk or board | ||||||
24 | of election commissioners shall control the matter and the | ||||||
25 | provisional voter shall be deemed to be registered to vote. If | ||||||
26 | the provisional voter's signature on his or her provisional |
| |||||||
| |||||||
1 | ballot request varies from the signature on an otherwise valid | ||||||
2 | registration application solely because of the substitution of | ||||||
3 | initials for the first or middle name, the election authority | ||||||
4 | may not reject the provisional ballot. | ||||||
5 | (d) In validating the registration status of a person | ||||||
6 | casting a provisional ballot, the county clerk or board of | ||||||
7 | election commissioners shall not require a provisional voter | ||||||
8 | to complete any form other than the affidavit executed by the | ||||||
9 | provisional voter under subsection (b)(2) of Section 18A-5. In | ||||||
10 | addition, the county clerk or board of election commissioners | ||||||
11 | shall not require all provisional voters or any particular | ||||||
12 | class or group of provisional voters to appear personally | ||||||
13 | before the county clerk or board of election commissioners or | ||||||
14 | as a matter of policy require provisional voters to submit | ||||||
15 | additional information to verify or otherwise support the | ||||||
16 | information already submitted by the provisional voter. Within | ||||||
17 | 2 calendar days after the election, the election authority | ||||||
18 | shall transmit by electronic means pursuant to a process | ||||||
19 | established by the State Board of Elections the name, street | ||||||
20 | address, e-mail address, and precinct, ward, township, and | ||||||
21 | district numbers, as the case may be, of each person casting a | ||||||
22 | provisional ballot to the State Board of Elections, which | ||||||
23 | shall maintain those names and that information in an | ||||||
24 | electronic format on its website, arranged by county and | ||||||
25 | accessible to State and local political committees. The | ||||||
26 | provisional voter may, within 7 calendar days after the |
| |||||||
| |||||||
1 | election, submit additional information to the county clerk or | ||||||
2 | board of election commissioners , except that in the case of | ||||||
3 | provisional voting under paragraph (4) of subsection (a) of | ||||||
4 | Section 18A-5, the provisional voter has 7 days to provide the | ||||||
5 | county clerk or board of election commissioners with the | ||||||
6 | required photo identification card . This information must be | ||||||
7 | received by the county clerk or board of election | ||||||
8 | commissioners within the applicable 7-calendar-day or | ||||||
9 | 10-calendar-day period. | ||||||
10 | (e) If the county clerk or board of election commissioners | ||||||
11 | determines that subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
12 | apply, then the provisional ballot is not valid and may not be | ||||||
13 | counted. The provisional ballot envelope containing the ballot | ||||||
14 | cast by the provisional voter may not be opened. The county | ||||||
15 | clerk or board of election commissioners shall write on the | ||||||
16 | provisional ballot envelope the following: "Provisional ballot | ||||||
17 | determined invalid.". | ||||||
18 | (f) If the county clerk or board of election commissioners | ||||||
19 | determines that a provisional ballot is valid under this | ||||||
20 | Section, then the provisional ballot envelope shall be opened. | ||||||
21 | The outside of each provisional ballot envelope shall also be | ||||||
22 | marked to identify the precinct and the date of the election. | ||||||
23 | (g) Provisional ballots determined to be valid shall be | ||||||
24 | counted at the election authority's central ballot counting | ||||||
25 | location and shall not be counted in precincts. The | ||||||
26 | provisional ballots determined to be valid shall be added to |
| |||||||
| |||||||
1 | the vote totals for the precincts from which they were cast in | ||||||
2 | the order in which the ballots were opened. The validation and | ||||||
3 | counting of provisional ballots shall be subject to the | ||||||
4 | provisions of this Code that apply to pollwatchers. If the | ||||||
5 | provisional ballots are a ballot of a punch card voting | ||||||
6 | system, then the provisional ballot shall be counted in a | ||||||
7 | manner consistent with Article 24A. If the provisional ballots | ||||||
8 | are a ballot of optical scan or other type of approved | ||||||
9 | electronic voting system, then the provisional ballots shall | ||||||
10 | be counted in a manner consistent with Article 24B. | ||||||
11 | (h) As soon as the ballots have been counted, the election | ||||||
12 | judges or election officials shall, in the presence of the | ||||||
13 | county clerk or board of election commissioners, place each of | ||||||
14 | the following items in a separate envelope or bag: (1) all | ||||||
15 | provisional ballots, voted or spoiled; (2) all provisional | ||||||
16 | ballot envelopes of provisional ballots voted or spoiled; and | ||||||
17 | (3) all executed affidavits of the provisional ballots voted | ||||||
18 | or spoiled. All provisional ballot envelopes for provisional | ||||||
19 | voters who have been determined not to be registered to vote | ||||||
20 | shall remain sealed. The county clerk or board of election | ||||||
21 | commissioners shall treat the provisional ballot envelope | ||||||
22 | containing the written affidavit as a voter registration | ||||||
23 | application for that person for the next election and process | ||||||
24 | that application. The election judges or election officials | ||||||
25 | shall then securely seal each envelope or bag, initial the | ||||||
26 | envelope or bag, and plainly mark on the outside of the |
| |||||||
| |||||||
1 | envelope or bag in ink the precinct in which the provisional | ||||||
2 | ballots were cast. The election judges or election officials | ||||||
3 | shall then place each sealed envelope or bag into a box, secure | ||||||
4 | and seal it in the same manner as described in item (6) of | ||||||
5 | subsection (b) of Section 18A-5. Each election judge or | ||||||
6 | election official shall take and subscribe an oath before the | ||||||
7 | county clerk or board of election commissioners that the | ||||||
8 | election judge or election official securely kept the ballots | ||||||
9 | and papers in the box, did not permit any person to open the | ||||||
10 | box or otherwise touch or tamper with the ballots and papers in | ||||||
11 | the box, and has no knowledge of any other person opening the | ||||||
12 | box. For purposes of this Section, the term "election | ||||||
13 | official" means the county clerk, a member of the board of | ||||||
14 | election commissioners, as the case may be, and their | ||||||
15 | respective employees. | ||||||
16 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
17 | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .) | ||||||
18 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
19 | Sec. 19-2. Except as otherwise provided in this Code, any | ||||||
20 | elector as defined in Section 19-1 may by mail or | ||||||
21 | electronically on the website of the appropriate election | ||||||
22 | authority, not more than 90 nor less than 30 5 days prior to | ||||||
23 | the date of such election, or by personal delivery not more | ||||||
24 | than 90 nor less than one day prior to the date of such | ||||||
25 | election, make application to the county clerk or to the Board |
| |||||||
| |||||||
1 | of Election Commissioners for an official ballot for the | ||||||
2 | voter's precinct to be voted at such election. Such a ballot | ||||||
3 | shall be delivered to the elector only upon separate | ||||||
4 | application by the elector for each election. Voters who make | ||||||
5 | an application for permanent vote by mail ballot status shall | ||||||
6 | follow the procedures specified in Section 19-3 and may apply | ||||||
7 | year round. Voters whose application for permanent vote by | ||||||
8 | mail status is accepted by the election authority shall remain | ||||||
9 | on the permanent vote by mail list until the voter requests to | ||||||
10 | be removed from permanent vote by mail status, the voter | ||||||
11 | provides notice to the election authority of a change in | ||||||
12 | registration that affects their registration status, or the | ||||||
13 | election authority receives confirmation that the voter has | ||||||
14 | subsequently registered to vote in another election authority | ||||||
15 | jurisdiction. The URL address at which voters may | ||||||
16 | electronically request a vote by mail ballot shall be fixed no | ||||||
17 | later than 90 calendar days before an election and shall not be | ||||||
18 | changed until after the election. | ||||||
19 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
20 | 102-687, eff. 12-17-21; 102-813, eff. 5-13-22.) | ||||||
21 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
22 | Sec. 19-3. Application for a vote by mail ballot. | ||||||
23 | (a) The application for a vote by mail ballot for a single | ||||||
24 | election shall be substantially in the following form: | ||||||
25 | APPLICATION FOR VOTE BY MAIL BALLOT |
| |||||||
| |||||||
1 | To be voted at the .... election in the County of .... and | ||||||
2 | State of Illinois. | ||||||
3 | I state that I am a resident of .... in the municipality of | ||||||
4 | .... in the county of ....; that I have resided at such address | ||||||
5 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
6 | the .... election to be held on ....; that I will not be | ||||||
7 | physically present in that county on the date of that | ||||||
8 | election; and that I wish to vote by mail. | ||||||
9 | I hereby make application for an official ballot or | ||||||
10 | ballots to be voted by me at such election, and I agree that I | ||||||
11 | shall return such ballot or ballots to the official issuing | ||||||
12 | the same prior to the closing of the polls on the date of the | ||||||
13 | election or, if returned by mail, postmarked no later than | ||||||
14 | election day, for counting no later than during the period for | ||||||
15 | counting provisional ballots, the last day of which is the 7th | ||||||
16 | 14th day following election day. | ||||||
17 | I understand that this application is made for an official | ||||||
18 | vote by mail ballot or ballots to be voted by me at the | ||||||
19 | election specified in this application and that I must submit | ||||||
20 | a separate application for an official vote by mail ballot or | ||||||
21 | ballots to be voted by me at any subsequent election. | ||||||
22 | Under penalties as provided by law pursuant to Section | ||||||
23 | 29-10 of the Election Code, the undersigned certifies that the | ||||||
24 | statements set forth in this application are true and correct. | ||||||
25 | .... | ||||||
26 | *fill in either (1), (2) or (3). |
| |||||||
| |||||||
1 | Post office address to which ballot is mailed: | ||||||
2 | ............... | ||||||
3 | (a-5) The application for a single vote by mail ballot | ||||||
4 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
5 | substantively similar to the application for a vote by mail | ||||||
6 | ballot for a single election and shall include: | ||||||
7 | I swear or affirm that I am a voter with a print | ||||||
8 | disability, and, as a result of this disability, I am | ||||||
9 | making a request to receive a vote by mail ballot | ||||||
10 | electronically so that I may privately and independently | ||||||
11 | mark, verify, and print my vote by mail ballot. | ||||||
12 | (b) (Blank). The application for permanent vote by mail | ||||||
13 | status shall be substantially in the following form: | ||||||
14 | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||||||
15 | I am currently a registered voter and wish to apply for | ||||||
16 | permanent vote by mail status. | ||||||
17 | I state that I am a resident of .... in the municipality of | ||||||
18 | .... in the county of ....; that I have resided at such address | ||||||
19 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
20 | the .... election to be held on ....; and that I wish to vote | ||||||
21 | by mail in: | ||||||
22 | ..... all subsequent elections that do not require a party | ||||||
23 | designation. | ||||||
24 | ..... all subsequent elections, and I wish to receive a | ||||||
25 | ................... Party vote by mail ballot in | ||||||
26 | elections that require a party designation. |
| |||||||
| |||||||
1 | I hereby make application for an official ballot or | ||||||
2 | ballots to be voted by me at such election, and I agree that I | ||||||
3 | shall return such ballot or ballots to the official issuing | ||||||
4 | the same prior to the closing of the polls on the date of the | ||||||
5 | election or, if returned by mail, postmarked no later than | ||||||
6 | election day, for counting no later than during the period for | ||||||
7 | counting provisional ballots, the last day of which is the | ||||||
8 | 14th day following election day. | ||||||
9 | Under penalties as provided by law under Section 29-10 of | ||||||
10 | the Election Code, the undersigned certifies that the | ||||||
11 | statements set forth in this application are true and correct. | ||||||
12 | .... | ||||||
13 | Post office address to which ballot is mailed: | ||||||
14 | |||||||
15 | (b-5) (Blank). The application for permanent vote by mail | ||||||
16 | ballots transmitted electronically pursuant to Section 19-2.6 | ||||||
17 | shall be substantively similar to the application for | ||||||
18 | permanent vote by mail status and shall include: | ||||||
19 | I swear or affirm that I am a voter with a | ||||||
20 | non-temporary print disability, and as a result of this | ||||||
21 | disability, I am making a request to receive vote by mail | ||||||
22 | ballots electronically so that I may privately and | ||||||
23 | independently mark, verify, and print my vote by mail | ||||||
24 | ballots. | ||||||
25 | (c) However, if application is made for a primary election | ||||||
26 | ballot, such application shall require the applicant to |
| |||||||
| |||||||
1 | designate the name of the political party with which the | ||||||
2 | applicant is affiliated. The election authority shall allow | ||||||
3 | any voter on permanent vote by mail status to change his or her | ||||||
4 | party affiliation for a primary election ballot by a method | ||||||
5 | and deadline published and selected by the election authority. | ||||||
6 | (d) If application is made electronically, the applicant | ||||||
7 | shall mark the box associated with the above described | ||||||
8 | statement included as part of the online application | ||||||
9 | certifying that the statements set forth in the application | ||||||
10 | under subsection (a) or (b) are true and correct, and a | ||||||
11 | signature is not required. | ||||||
12 | (e) Any person may produce, reproduce, distribute, or | ||||||
13 | return to an election authority an application under this | ||||||
14 | Section. If applications are sent to a post office box | ||||||
15 | controlled by any individual or organization that is not an | ||||||
16 | election authority, those applications shall (i) include a | ||||||
17 | valid and current phone number for the individual or | ||||||
18 | organization controlling the post office box and (ii) be | ||||||
19 | turned over to the appropriate election authority within 7 | ||||||
20 | days of receipt or, if received within 2 weeks of the election | ||||||
21 | in which an applicant intends to vote, within 2 days of | ||||||
22 | receipt. Failure to turn over the applications in compliance | ||||||
23 | with this paragraph shall constitute a violation of this Code | ||||||
24 | and shall be punishable as a petty offense with a fine of $100 | ||||||
25 | per application. Removing, tampering with, or otherwise | ||||||
26 | knowingly making the postmark on the application unreadable by |
| |||||||
| |||||||
1 | the election authority shall establish a rebuttable | ||||||
2 | presumption of a violation of this paragraph. Upon receipt, | ||||||
3 | the appropriate election authority shall accept and promptly | ||||||
4 | process any application under this Section submitted in a form | ||||||
5 | substantially similar to that required by this Section, | ||||||
6 | including any substantially similar production or reproduction | ||||||
7 | generated by the applicant. | ||||||
8 | (f) (Blank). An election authority may combine the | ||||||
9 | applications in subsections (a) and (b) onto one form, but the | ||||||
10 | distinction between the applications must be clear and the | ||||||
11 | form must provide check boxes for an applicant to indicate | ||||||
12 | whether he or she is applying for a single election vote by | ||||||
13 | mail ballot or for permanent vote by mail status. | ||||||
14 | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; | ||||||
15 | 103-467, eff. 8-4-23.) | ||||||
16 | (10 ILCS 5/19-4) (from Ch. 46, par. 19-4) | ||||||
17 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
18 | Immediately upon the receipt of such application either by | ||||||
19 | mail or electronic means, not more than 90 days nor less than | ||||||
20 | 30 5 days prior to such election, or by personal delivery not | ||||||
21 | more than 90 days nor less than one day prior to such election, | ||||||
22 | at the office of such election authority, it shall be the duty | ||||||
23 | of such election authority to examine the records to ascertain | ||||||
24 | whether or not such applicant is lawfully entitled to vote as | ||||||
25 | requested, including a verification of the applicant's |
| |||||||
| |||||||
1 | signature on file with the office of the election authority, | ||||||
2 | and if found so to be entitled to vote, to post within one | ||||||
3 | business day thereafter the name, street address, ward and | ||||||
4 | precinct number or township and district number, as the case | ||||||
5 | may be, of such applicant given on a list, the pages of which | ||||||
6 | are to be numbered consecutively to be kept by such election | ||||||
7 | authority for such purpose in a conspicuous, open and public | ||||||
8 | place accessible to the public at the entrance of the office of | ||||||
9 | such election authority, and in such a manner that such list | ||||||
10 | may be viewed without necessity of requesting permission | ||||||
11 | therefor. Within one day after posting the name and other | ||||||
12 | information of an applicant for a vote by mail ballot, the | ||||||
13 | election authority shall transmit by electronic means pursuant | ||||||
14 | to a process established by the State Board of Elections that | ||||||
15 | name and other posted information to the State Board of | ||||||
16 | Elections, which shall maintain those names and other | ||||||
17 | information in an electronic format on its website, arranged | ||||||
18 | by county and accessible to State and local political | ||||||
19 | committees. Within 2 business days after posting a name and | ||||||
20 | other information on the list within its office, but no sooner | ||||||
21 | than 40 days before an election, the election authority shall | ||||||
22 | mail, postage prepaid, or deliver in person in such office, or | ||||||
23 | deliver via electronic transmission pursuant to Section | ||||||
24 | 19-2.6, an official ballot or ballots if more than one are to | ||||||
25 | be voted at said election. Mail delivery of Temporarily Absent | ||||||
26 | Student ballot applications pursuant to Section 19-12.3 shall |
| |||||||
| |||||||
1 | be by nonforwardable mail. However, for the consolidated | ||||||
2 | election, vote by mail ballots for certain precincts may be | ||||||
3 | delivered to applicants not less than 25 days before the | ||||||
4 | election if so much time is required to have prepared and | ||||||
5 | printed the ballots containing the names of persons nominated | ||||||
6 | for offices at the consolidated primary. The election | ||||||
7 | authority shall enclose with each vote by mail ballot or | ||||||
8 | application written instructions on how voting assistance | ||||||
9 | shall be provided pursuant to Section 17-14 and a document, | ||||||
10 | written and approved by the State Board of Elections, | ||||||
11 | informing the vote by mail voter of the required postage for | ||||||
12 | returning the application and ballot, and enumerating the | ||||||
13 | circumstances under which a person is authorized to vote by | ||||||
14 | vote by mail ballot pursuant to this Article; such document | ||||||
15 | shall also include a statement informing the applicant that if | ||||||
16 | he or she falsifies or is solicited by another to falsify his | ||||||
17 | or her eligibility to cast a vote by mail ballot, such | ||||||
18 | applicant or other is subject to penalties pursuant to Section | ||||||
19 | 29-10 and Section 29-20 of the Election Code. Each election | ||||||
20 | authority shall maintain a list of the name, street address, | ||||||
21 | ward and precinct, or township and district number, as the | ||||||
22 | case may be, of all applicants who have returned vote by mail | ||||||
23 | ballots to such authority, and the name of such vote by mail | ||||||
24 | voter shall be added to such list within one business day from | ||||||
25 | receipt of such ballot. If the vote by mail ballot envelope | ||||||
26 | indicates that the voter was assisted in casting the ballot, |
| |||||||
| |||||||
1 | the name of the person so assisting shall be included on the | ||||||
2 | list. The list, the pages of which are to be numbered | ||||||
3 | consecutively, shall be kept by each election authority in a | ||||||
4 | conspicuous, open, and public place accessible to the public | ||||||
5 | at the entrance of the office of the election authority and in | ||||||
6 | a manner that the list may be viewed without necessity of | ||||||
7 | requesting permission for viewing. | ||||||
8 | Each election authority shall maintain a list for each | ||||||
9 | election of the voters to whom it has issued vote by mail | ||||||
10 | ballots. The list shall be maintained for each precinct within | ||||||
11 | the jurisdiction of the election authority. Prior to the | ||||||
12 | opening of the polls on election day, the election authority | ||||||
13 | shall deliver to the judges of election in each precinct the | ||||||
14 | list of registered voters in that precinct to whom vote by mail | ||||||
15 | ballots have been issued by mail. | ||||||
16 | Each election authority shall maintain a list for each | ||||||
17 | election of voters to whom it has issued temporarily absent | ||||||
18 | student ballots. The list shall be maintained for each | ||||||
19 | election jurisdiction within which such voters temporarily | ||||||
20 | abide. Immediately after the close of the period during which | ||||||
21 | application may be made by mail or electronic means for vote by | ||||||
22 | mail ballots, each election authority shall mail to each other | ||||||
23 | election authority within the State a certified list of all | ||||||
24 | such voters temporarily abiding within the jurisdiction of the | ||||||
25 | other election authority. | ||||||
26 | In the event that the return address of an application for |
| |||||||
| |||||||
1 | ballot by a physically incapacitated elector is that of a | ||||||
2 | facility licensed or certified under the Nursing Home Care | ||||||
3 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
4 | the ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
5 | jurisdiction of the election authority, and the applicant is a | ||||||
6 | registered voter in the precinct in which such facility is | ||||||
7 | located, the ballots shall be prepared and transmitted to a | ||||||
8 | responsible judge of election no later than 9 a.m. on the | ||||||
9 | Friday, Saturday, Sunday, or Monday immediately preceding the | ||||||
10 | election as designated by the election authority under Section | ||||||
11 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
12 | day the ballot to the applicant on the premises of the facility | ||||||
13 | from which application was made. The election authority shall | ||||||
14 | by mail notify the applicant in such facility that the ballot | ||||||
15 | will be delivered by a judge of election on the designated day. | ||||||
16 | All applications for vote by mail ballots shall be | ||||||
17 | available at the office of the election authority for public | ||||||
18 | inspection upon request from the time of receipt thereof by | ||||||
19 | the election authority until 30 days after the election, | ||||||
20 | except during the time such applications are kept in the | ||||||
21 | office of the election authority pursuant to Section 19-7, and | ||||||
22 | except during the time such applications are in the possession | ||||||
23 | of the judges of election. | ||||||
24 | Notwithstanding any provision of this Section to the | ||||||
25 | contrary, pursuant to subsection (a) of Section 30 of the | ||||||
26 | Address Confidentiality for Victims of Domestic Violence, |
| |||||||
| |||||||
1 | Sexual Assault, Human Trafficking, or Stalking Act, neither | ||||||
2 | the name nor the address of a program participant under that | ||||||
3 | Act shall be included in any list of registered voters | ||||||
4 | available to the public, including the lists referenced in | ||||||
5 | this Section. | ||||||
6 | (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22; | ||||||
7 | 102-1126, eff. 2-10-23.) | ||||||
8 | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6) | ||||||
9 | Sec. 19-6. Such vote by mail voter shall make and | ||||||
10 | subscribe to the certifications provided for in the | ||||||
11 | application and on the return envelope for the ballot, and | ||||||
12 | such ballot or ballots shall be folded by such voter in the | ||||||
13 | manner required to be folded before depositing the same in the | ||||||
14 | ballot box, and be deposited in such envelope and the envelope | ||||||
15 | securely sealed. The voter shall then endorse his certificate | ||||||
16 | upon the back of the envelope and the envelope shall be mailed | ||||||
17 | in person by such voter, postage prepaid, to the election | ||||||
18 | authority issuing the ballot or, if more convenient, it may be | ||||||
19 | delivered in person, by either the voter or by any person | ||||||
20 | authorized by the voter, except as prohibited in Section | ||||||
21 | 29-21, or by a company licensed as a motor carrier of property | ||||||
22 | by the Illinois Commerce Commission under the Illinois | ||||||
23 | Commercial Transportation Law, which is engaged in the | ||||||
24 | business of making deliveries. | ||||||
25 | Election authorities shall accept any vote by mail ballot |
| |||||||
| |||||||
1 | returned, including ballots returned with insufficient or no | ||||||
2 | postage. Election authorities may maintain one or more secure | ||||||
3 | collection sites for the postage-free return of vote by mail | ||||||
4 | ballots. Any election authority with collection sites shall | ||||||
5 | collect all ballots returned each day and process them as | ||||||
6 | required by this Code, including noting the day on which the | ||||||
7 | ballot was collected. Ballots returned to such collection | ||||||
8 | sites after close of business shall be dated as delivered the | ||||||
9 | next day, with the exception of ballots delivered on election | ||||||
10 | day, which shall be dated as received on election day. | ||||||
11 | Election authorities shall permit electors to return vote by | ||||||
12 | mail ballots at any collection site it has established through | ||||||
13 | the close of polls on election day. All collection sites shall | ||||||
14 | be secured by locks that may be opened only by election | ||||||
15 | authority personnel. The State Board of Elections shall | ||||||
16 | establish additional guidelines for the security of collection | ||||||
17 | sites. | ||||||
18 | It shall be unlawful for any person not the voter or a | ||||||
19 | person authorized by the voter to take the ballot and ballot | ||||||
20 | envelope of a voter for deposit into the mail unless the ballot | ||||||
21 | has been issued pursuant to application by a physically | ||||||
22 | incapacitated elector under Section 3-3 or a hospitalized | ||||||
23 | voter under Section 19-13, in which case any employee or | ||||||
24 | person under the direction of the facility in which the | ||||||
25 | elector or voter is located may deposit the ballot and ballot | ||||||
26 | envelope into the mail. If the voter authorized a person to |
| |||||||
| |||||||
1 | deliver the ballot to the election authority, the voter and | ||||||
2 | the person authorized to deliver the ballot shall complete the | ||||||
3 | authorization printed on the exterior envelope supplied by an | ||||||
4 | election authority for the return of the vote by mail ballot. | ||||||
5 | The exterior of the envelope supplied by an election authority | ||||||
6 | for the return of the vote by mail ballot shall include an | ||||||
7 | authorization in substantially the following form: | ||||||
8 | I ............ (voter) authorize ............... to take | ||||||
9 | the necessary steps to have this ballot delivered promptly to | ||||||
10 | the office of the election authority. | ||||||
11 | ....................... ........................
| ||||||
12 | Date Signature of voter | ||||||
13 | ...............................................
| ||||||
14 | Printed Name of Authorized Delivery Agent | ||||||
15 | ...............................................
| ||||||
16 | Signature of Authorized Delivery Agency | ||||||
17 | ...............................................
| ||||||
18 | Date Delivered to the Election Authority | ||||||
19 | (Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.) | ||||||
20 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) |
| |||||||
| |||||||
1 | Sec. 19-8. Time and place of counting ballots. | ||||||
2 | (a) (Blank.) | ||||||
3 | (b) Each vote by mail voter's ballot returned to an | ||||||
4 | election authority, by any means authorized by this Article, | ||||||
5 | and received by that election authority before the closing of | ||||||
6 | the polls on election day shall be endorsed by the receiving | ||||||
7 | election authority with the day and hour of receipt and may be | ||||||
8 | processed by the election authority beginning on the day it is | ||||||
9 | received by the election authority in the central ballot | ||||||
10 | counting location of the election authority, but the results | ||||||
11 | of the processing may not be counted until the day of the | ||||||
12 | election after 7:00 p.m., except as provided in subsections | ||||||
13 | (g) and (g-5). | ||||||
14 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
15 | election authority and postmarked no later than election day, | ||||||
16 | but that is received by the election authority after the polls | ||||||
17 | close on election day and before the close of the period for | ||||||
18 | counting provisional ballots cast at that election, shall be | ||||||
19 | endorsed by the receiving authority with the day and hour of | ||||||
20 | receipt and shall be counted at the central ballot counting | ||||||
21 | location of the election authority during the period for | ||||||
22 | counting provisional ballots. | ||||||
23 | Each vote by mail voter's ballot that is mailed to an | ||||||
24 | election authority absent a postmark or a barcode usable with | ||||||
25 | an intelligent mail barcode tracking system, but that is | ||||||
26 | received by the election authority after the polls close on |
| |||||||
| |||||||
1 | election day and before the close of the period for counting | ||||||
2 | provisional ballots cast at that election, shall be endorsed | ||||||
3 | by the receiving authority with the day and hour of receipt, | ||||||
4 | opened to inspect the date inserted on the certification, and, | ||||||
5 | if the certification date is election day or earlier and the | ||||||
6 | ballot is otherwise found to be valid under the requirements | ||||||
7 | of this Section, counted at the central ballot counting | ||||||
8 | location of the election authority during the period for | ||||||
9 | counting provisional ballots. Absent a date on the | ||||||
10 | certification, the ballot shall not be counted. | ||||||
11 | If an election authority is using an intelligent mail | ||||||
12 | barcode tracking system, a ballot that is mailed to an | ||||||
13 | election authority absent a postmark may be counted if the | ||||||
14 | intelligent mail barcode tracking system verifies the envelope | ||||||
15 | was mailed no later than election day. | ||||||
16 | (d) Special write-in vote by mail voter's blank ballots | ||||||
17 | returned to an election authority, by any means authorized by | ||||||
18 | this Article, and received by the election authority at any | ||||||
19 | time before the closing of the polls on election day shall be | ||||||
20 | endorsed by the receiving election authority with the day and | ||||||
21 | hour of receipt and shall be counted at the central ballot | ||||||
22 | counting location of the election authority during the same | ||||||
23 | period provided for counting vote by mail voters' ballots | ||||||
24 | under subsections (b), (g), and (g-5). Special write-in vote | ||||||
25 | by mail voter's blank ballots that are mailed to an election | ||||||
26 | authority and postmarked no later than election day, but that |
| |||||||
| |||||||
1 | are received by the election authority after the polls close | ||||||
2 | on election day and before the closing of the period for | ||||||
3 | counting provisional ballots cast at that election, shall be | ||||||
4 | endorsed by the receiving authority with the day and hour of | ||||||
5 | receipt and shall be counted at the central ballot counting | ||||||
6 | location of the election authority during the same periods | ||||||
7 | provided for counting vote by mail voters' ballots under | ||||||
8 | subsection (c). | ||||||
9 | (e) Except as otherwise provided in this Section, vote by | ||||||
10 | mail voters' ballots and special write-in vote by mail voter's | ||||||
11 | blank ballots received by the election authority after the | ||||||
12 | closing of the polls on an election day shall be endorsed by | ||||||
13 | the election authority receiving them with the day and hour of | ||||||
14 | receipt and shall be safely kept unopened by the election | ||||||
15 | authority for the period of time required for the preservation | ||||||
16 | of ballots used at the election, and shall then, without being | ||||||
17 | opened, be destroyed in like manner as the used ballots of that | ||||||
18 | election. | ||||||
19 | (f) Counting required under this Section to begin on | ||||||
20 | election day after the closing of the polls shall commence no | ||||||
21 | later than 8:00 p.m. and shall be conducted by a panel or | ||||||
22 | panels of election judges appointed in the manner provided by | ||||||
23 | law. The counting shall continue until all vote by mail | ||||||
24 | voters' ballots and special write-in vote by mail voter's | ||||||
25 | blank ballots required to be counted on election day have been | ||||||
26 | counted. Each vote by mail ballot returned to an election |
| |||||||
| |||||||
1 | authority, except those returned in accordance with the | ||||||
2 | procedures described in Sections 20-2, 20-2.1, 20-2.2, and | ||||||
3 | 20-2.3, shall be counted on or before the 7th day after the | ||||||
4 | election. | ||||||
5 | (g) The procedures set forth in Articles 17 and 18 of this | ||||||
6 | Code shall apply to all ballots counted under this Section. In | ||||||
7 | addition, within 2 days after a vote by mail ballot is | ||||||
8 | received, but in all cases before the close of the period for | ||||||
9 | counting provisional ballots, the election judge or official | ||||||
10 | shall compare the voter's signature on the certification | ||||||
11 | envelope of that vote by mail ballot with the voter's | ||||||
12 | signature on the application verified in accordance with | ||||||
13 | Section 19-4 or the signature of the voter on file in the | ||||||
14 | office of the election authority. If the election judge or | ||||||
15 | official determines that the 2 signatures match, and that the | ||||||
16 | vote by mail voter is otherwise qualified to cast a vote by | ||||||
17 | mail ballot, the election authority shall cast and count the | ||||||
18 | ballot on election day or the day the ballot is determined to | ||||||
19 | be valid, whichever is later, adding the results to the | ||||||
20 | precinct in which the voter is registered. If the election | ||||||
21 | judge or official determines that the signatures do not match, | ||||||
22 | or that the vote by mail voter is not qualified to cast a vote | ||||||
23 | by mail ballot, then without opening the certification | ||||||
24 | envelope, the judge or official shall mark across the face of | ||||||
25 | the certification envelope the word "Rejected" and shall not | ||||||
26 | cast or count the ballot. |
| |||||||
| |||||||
1 | In addition to the voter's signatures not matching, a vote | ||||||
2 | by mail ballot may be rejected by the election judge or | ||||||
3 | official: | ||||||
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 | ||||||
12 | these reasons apply, the judge or official shall mark across | ||||||
13 | the face of the certification envelope the word "Rejected" and | ||||||
14 | shall not cast or count the ballot. | ||||||
15 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
16 | judge or official for any reason, the election authority | ||||||
17 | shall, within 2 days after the rejection but in all cases | ||||||
18 | before the close of the period for counting provisional | ||||||
19 | ballots, notify the vote by mail voter that his or her ballot | ||||||
20 | was rejected. The notice shall inform the voter of the reason | ||||||
21 | or reasons the ballot was rejected and shall state that the | ||||||
22 | voter may appear before the election authority, on or before | ||||||
23 | the 7th 14th day after the election, to show cause as to why | ||||||
24 | the ballot should not be rejected. The voter may present | ||||||
25 | evidence to the election authority supporting his or her | ||||||
26 | contention that the ballot should be counted. The election |
| |||||||
| |||||||
1 | authority shall appoint a panel of 3 election judges to review | ||||||
2 | the contested ballot, application, and certification envelope, | ||||||
3 | as well as any evidence submitted by the vote by mail voter. No | ||||||
4 | more than 2 election judges on the reviewing panel shall be of | ||||||
5 | the same political party. The reviewing panel of election | ||||||
6 | judges shall make a final determination as to the validity of | ||||||
7 | the contested vote by mail ballot. The judges' determination | ||||||
8 | shall not be reviewable either administratively or judicially. | ||||||
9 | A vote by mail ballot subject to this subsection that is | ||||||
10 | determined to be valid shall be counted before the close of the | ||||||
11 | period for counting provisional ballots. | ||||||
12 | If a vote by mail ballot is rejected for any reason, the | ||||||
13 | election authority shall, within one day after the rejection, | ||||||
14 | transmit to the State Board of Elections by electronic means | ||||||
15 | the voter's name, street address, email address and precinct, | ||||||
16 | ward, township, and district numbers, as the case may be. If a | ||||||
17 | rejected vote by mail ballot is determined to be valid, the | ||||||
18 | election authority shall, within one day after the | ||||||
19 | determination, remove the name of the voter from the list | ||||||
20 | transmitted to the State Board of Elections. The State Board | ||||||
21 | of Elections shall maintain the names and information in an | ||||||
22 | electronic format on its website accessible to State and local | ||||||
23 | political committees. | ||||||
24 | Upon request by the State or local political committee, | ||||||
25 | each election authority shall, within one day after the | ||||||
26 | request, provide the following information about all rejected |
| |||||||
| |||||||
1 | vote by mail ballots: voter's name, street address, email | ||||||
2 | address and precinct, ward, township, and district numbers, as | ||||||
3 | the case may be. | ||||||
4 | (g-10) All vote by mail ballots determined to be valid | ||||||
5 | shall be added to the vote totals for the precincts for which | ||||||
6 | they were cast in the order in which the ballots were opened. | ||||||
7 | (h) Each political party, candidate, and qualified civic | ||||||
8 | organization shall be entitled to have present one pollwatcher | ||||||
9 | for each panel of election judges therein assigned. | ||||||
10 | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.) | ||||||
11 | (10 ILCS 5/19A-15) | ||||||
12 | Sec. 19A-15. Period for early voting; hours. | ||||||
13 | (a) Except as otherwise provided in this Code, the period | ||||||
14 | for early voting by personal appearance begins the 14th 40th | ||||||
15 | day preceding a general primary, consolidated primary, | ||||||
16 | consolidated, or general election and extends through the end | ||||||
17 | of the day before election day. | ||||||
18 | (b) Except as otherwise provided by this Section, a | ||||||
19 | permanent polling place for early voting must remain open | ||||||
20 | beginning the 14th 15th day before an election through the end | ||||||
21 | of the day before election day during the hours of 8:30 a.m. to | ||||||
22 | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that | ||||||
23 | beginning 8 days before election day, a permanent polling | ||||||
24 | place for early voting must remain open during the hours of | ||||||
25 | 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 |
| |||||||
| |||||||
1 | a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to | ||||||
2 | 4 p.m. on Sundays; except that, in addition to the hours | ||||||
3 | required by this subsection, a permanent polling place | ||||||
4 | designated by an election authority under subsections (c), | ||||||
5 | (d), and (e) of Section 19A-10 must remain open for a total of | ||||||
6 | at least 8 hours on any holiday during the early voting period | ||||||
7 | and a total of at least 14 hours on the final weekend during | ||||||
8 | the early voting period. | ||||||
9 | (c) Notwithstanding subsection (b), an election authority | ||||||
10 | may close an early voting polling place if the building in | ||||||
11 | which the polling place is located has been closed by the State | ||||||
12 | or unit of local government in response to a severe weather | ||||||
13 | emergency or other force majeure. The election authority shall | ||||||
14 | notify the State Board of Elections of any closure and shall | ||||||
15 | make reasonable efforts to provide notice to the public of an | ||||||
16 | alternative location for early voting. | ||||||
17 | (d) (Blank). | ||||||
18 | (Source: P.A. 102-15, eff. 6-17-21.) | ||||||
19 | (10 ILCS 5/19A-35) | ||||||
20 | Sec. 19A-35. Procedure for voting. | ||||||
21 | (a) Not more than 23 days before the start of the election, | ||||||
22 | the county clerk shall make available to the election official | ||||||
23 | conducting early voting by personal appearance a sufficient | ||||||
24 | number of early ballots, envelopes, and printed voting | ||||||
25 | instruction slips for the use of early voters. The election |
| |||||||
| |||||||
1 | official shall receipt for all ballots received and shall | ||||||
2 | return unused or spoiled ballots at the close of the early | ||||||
3 | voting period to the county clerk and must strictly account | ||||||
4 | for all ballots received. The ballots delivered to the | ||||||
5 | election official must include early ballots for each precinct | ||||||
6 | in the election authority's jurisdiction and must include | ||||||
7 | separate ballots for each political subdivision conducting an | ||||||
8 | election of officers or a referendum at that election. | ||||||
9 | (b) In conducting early voting under this Article, the | ||||||
10 | election judge or official is required to verify the signature | ||||||
11 | of the early voter by comparison with the signature on the | ||||||
12 | official registration card, and the judge or official must | ||||||
13 | verify (i) that the applicant is a registered voter, (ii) the | ||||||
14 | precinct in which the applicant is registered, and (iii) the | ||||||
15 | proper ballots of the political subdivision in which the | ||||||
16 | applicant resides and is entitled to vote , and (iv) the | ||||||
17 | applicant's identity, which must be verified by the | ||||||
18 | applicant's presentation of a government-issued photo | ||||||
19 | identification card, as defined in Section 3-8, or his or her | ||||||
20 | Voter Identification Card, before providing an early ballot to | ||||||
21 | the applicant. The election judge or official must verify the | ||||||
22 | applicant's registration from the most recent poll list | ||||||
23 | provided by the election authority, and if the applicant is | ||||||
24 | not listed on that poll list, by telephoning the office of the | ||||||
25 | election authority. | ||||||
26 | (b-5) A person requesting an early voting ballot to whom a |
| |||||||
| |||||||
1 | vote by mail ballot was issued may vote early if the person | ||||||
2 | submits that vote by mail ballot to the judges of election or | ||||||
3 | official conducting early voting for cancellation. If the | ||||||
4 | voter is unable to submit the vote by mail ballot, it shall be | ||||||
5 | sufficient for the voter to submit to the judges or official | ||||||
6 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
7 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
8 | before the judges or official specifying that (A) the voter | ||||||
9 | never received a vote by mail ballot or (B) the voter completed | ||||||
10 | and returned a vote by mail ballot and was informed that the | ||||||
11 | election authority did not receive that vote by mail ballot. | ||||||
12 | (b-10) Within one day after a voter casts an early voting | ||||||
13 | ballot, the election authority shall transmit the voter's | ||||||
14 | name, street address, and precinct, ward, township, and | ||||||
15 | district numbers, as the case may be, to the State Board of | ||||||
16 | Elections, which shall maintain those names and that | ||||||
17 | information in an electronic format on its website, arranged | ||||||
18 | by county and accessible to State and local political | ||||||
19 | committees. | ||||||
20 | (b-15) Immediately after voting an early ballot, the voter | ||||||
21 | shall be instructed whether the voting equipment accepted or | ||||||
22 | rejected the ballot or identified that ballot as under-voted | ||||||
23 | for a statewide constitutional office. A voter whose ballot is | ||||||
24 | identified as under-voted may return to the voting booth and | ||||||
25 | complete the voting of that ballot. A voter whose early voting | ||||||
26 | ballot is not accepted by the voting equipment may, upon |
| |||||||
| |||||||
1 | surrendering the ballot, request and vote another early voting | ||||||
2 | ballot. The voter's surrendered ballot shall be initialed by | ||||||
3 | the election judge or official conducting the early voting and | ||||||
4 | handled as provided in the appropriate Article governing the | ||||||
5 | voting equipment used. | ||||||
6 | (c) The sealed early ballots in their carrier envelope | ||||||
7 | shall be delivered by the election authority to the central | ||||||
8 | ballot counting location before the close of the polls on the | ||||||
9 | day of the election. | ||||||
10 | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .) | ||||||
11 | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2) | ||||||
12 | Sec. 20-2. Any member of the United States Service, | ||||||
13 | otherwise qualified to vote, who expects in the course of his | ||||||
14 | duties to be absent from the county in which he resides on the | ||||||
15 | day of holding any election may make application for a vote by | ||||||
16 | mail ballot to the election authority having jurisdiction over | ||||||
17 | his precinct of residence on the official postcard or on a form | ||||||
18 | furnished by the election authority as prescribed by Section | ||||||
19 | 20-3 of this Article not less than 10 days before the election. | ||||||
20 | A request pursuant to this Section shall entitle the applicant | ||||||
21 | to a vote by mail ballot for every election in one calendar | ||||||
22 | year. The original application for ballot shall be kept in the | ||||||
23 | office of the election authority for one year as authorization | ||||||
24 | to send a ballot to the voter for each election to be held | ||||||
25 | within that calendar year. A certified copy of such |
| |||||||
| |||||||
1 | application for ballot shall be sent each election with the | ||||||
2 | vote by mail ballot to the election authority's central ballot | ||||||
3 | counting location to be used in lieu of the original | ||||||
4 | application for ballot. No registration shall be required in | ||||||
5 | order to vote pursuant to this Section. | ||||||
6 | Ballots under this Section shall be mailed by the election | ||||||
7 | authority in the manner prescribed by Section 20-5 of this | ||||||
8 | Article and not otherwise. Ballots voted under this Section | ||||||
9 | must be returned postmarked no later than election day and | ||||||
10 | received for counting at the central ballot counting location | ||||||
11 | of the election authority on or before during the period for | ||||||
12 | counting provisional ballots, the last day of which is the | ||||||
13 | 14th day following election day. | ||||||
14 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
15 | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1) | ||||||
16 | Sec. 20-2.1. Citizens of the United States temporarily | ||||||
17 | residing outside the territorial limits of the United States | ||||||
18 | who are not registered but otherwise qualified to vote and who | ||||||
19 | expect to be absent from their county of residence during the | ||||||
20 | periods of voter registration provided for in Articles 4, 5 or | ||||||
21 | 6 of this Code and on the day of holding any election, may make | ||||||
22 | simultaneous application to the election authority having | ||||||
23 | jurisdiction over their precinct of residence for registration | ||||||
24 | by mail and vote by mail ballot not less than 30 days before | ||||||
25 | the election. Such application may be made on the official |
| |||||||
| |||||||
1 | postcard or on a form furnished by the election authority as | ||||||
2 | prescribed by Section 20-3 of this Article or by facsimile or | ||||||
3 | electronic transmission. A request pursuant to this Section | ||||||
4 | shall entitle the applicant to a vote by mail ballot for every | ||||||
5 | election in one calendar year. The original application for | ||||||
6 | ballot shall be kept in the office of the election authority | ||||||
7 | for one year as authorization to send a ballot to the voter for | ||||||
8 | each election to be held within that calendar year. A | ||||||
9 | certified copy of such application for ballot shall be sent | ||||||
10 | each election with the vote by mail ballot to the election | ||||||
11 | authority's central ballot counting location to be used in | ||||||
12 | lieu of the original application for ballot. | ||||||
13 | Registration shall be required in order to vote pursuant | ||||||
14 | to this Section. However, if the election authority receives | ||||||
15 | one of such applications after 30 days but not less than 10 | ||||||
16 | days before a Federal election, said applicant shall be sent a | ||||||
17 | ballot containing the Federal offices only and registration | ||||||
18 | for that election shall be waived. | ||||||
19 | Ballots under this Section shall be delivered by the | ||||||
20 | election authority in the manner prescribed by Section 20-5 of | ||||||
21 | this Article in person, by mail, or, if requested by the | ||||||
22 | applicant and the election authority has the capability, by | ||||||
23 | facsimile transmission or by electronic transmission. | ||||||
24 | Ballots voted under this Section must be returned | ||||||
25 | postmarked no later than election day and received for | ||||||
26 | counting at the central ballot counting location of the |
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1 | election authority on or before during the period for counting | ||||||
2 | provisional ballots, the last day of which is the 14th day | ||||||
3 | following election day. | ||||||
4 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
5 | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2) | ||||||
6 | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||||||
7 | qualified to vote, may make application to the election | ||||||
8 | authority having jurisdiction over his precinct of former | ||||||
9 | residence for a vote by mail ballot containing the Federal | ||||||
10 | offices only not less than 10 days before a Federal election. | ||||||
11 | Such application may be made on the official postcard or by | ||||||
12 | facsimile or electronic transmission. A request pursuant to | ||||||
13 | this Section shall entitle the applicant to a vote by mail | ||||||
14 | ballot for every election in one calendar year at which | ||||||
15 | Federal offices are filled. The original application for | ||||||
16 | ballot shall be kept in the office of the election authority | ||||||
17 | for one year as authorization to send a ballot to the voter for | ||||||
18 | each election to be held within that calendar year at which | ||||||
19 | Federal offices are filled. A certified copy of such | ||||||
20 | application for ballot shall be sent each election with the | ||||||
21 | vote by mail ballot to the election authority's central ballot | ||||||
22 | counting location to be used in lieu of the original | ||||||
23 | application for ballot. No registration shall be required in | ||||||
24 | order to vote pursuant to this Section. Ballots under this | ||||||
25 | Section shall be delivered by the election authority in the |
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1 | manner prescribed by Section 20-5 of this Article in person, | ||||||
2 | by mail, or, if requested by the applicant and the election | ||||||
3 | authority has the capability, by facsimile transmission or by | ||||||
4 | electronic transmission. Ballots voted under this Section must | ||||||
5 | be returned postmarked no later than election day and received | ||||||
6 | for counting at the central ballot counting location of the | ||||||
7 | election authority on or before during the period for counting | ||||||
8 | provisional ballots, the last day of which is the 14th day | ||||||
9 | following election day. | ||||||
10 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
11 | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3) | ||||||
12 | Sec. 20-2.3. Members of the Armed Forces and their spouses | ||||||
13 | and dependents. Any member of the United States Armed Forces | ||||||
14 | while on active duty, and his or her spouse and dependents, | ||||||
15 | otherwise qualified to vote, who expects in the course of his | ||||||
16 | or her duties to be absent from the county in which he or she | ||||||
17 | resides on the day of holding any election, in addition to any | ||||||
18 | other method of making application for vote by mail ballot | ||||||
19 | under this Article, may make application for a vote by mail | ||||||
20 | ballot to the election authority having jurisdiction over his | ||||||
21 | or her precinct of residence by a facsimile machine or | ||||||
22 | electronic transmission not less than 10 days before the | ||||||
23 | election. | ||||||
24 | Ballots under this Section shall be delivered by the | ||||||
25 | election authority in the manner prescribed by Section 20-5 of |
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1 | this Article in person, by mail, or, if requested by the | ||||||
2 | applicant and the election authority has the capability, by | ||||||
3 | facsimile transmission or by electronic transmission. Ballots | ||||||
4 | voted under this Section must be returned postmarked no later | ||||||
5 | than election day and received for counting at the central | ||||||
6 | ballot counting location of the election authority on or | ||||||
7 | before during the period for counting provisional ballots, the | ||||||
8 | last day of which is the 14th day following election day. | ||||||
9 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) | ||||||
10 | (10 ILCS 5/29-21 new) | ||||||
11 | Sec. 29-21. Ballot harvesting. | ||||||
12 | (a) Any person who, during an early voting period, gathers | ||||||
13 | on behalf of another and submits to an election authority more | ||||||
14 | than 3 vote by mail ballots shall be guilty of a Class 4 | ||||||
15 | felony. This Section does not apply to a person acting on | ||||||
16 | behalf of the U.S. Postal Service or a company licensed as a | ||||||
17 | motor carrier of property by the Illinois Commerce Commission | ||||||
18 | under the Illinois Commercial Transportation Law. | ||||||
19 | (b) Any person who is convicted of violating this Section | ||||||
20 | shall be ineligible for public employment for a period of 5 | ||||||
21 | years immediately following the completion of his sentence. | ||||||
22 | For the purpose of this subsection, "public employment" means | ||||||
23 | any elected or appointed office created by the Constitution or | ||||||
24 | laws of this State or by any ordinance of a unit of local | ||||||
25 | government. "Public employment" also includes any position as |
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1 | an employee of this State, a unit of local government, or a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | school district. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (10 ILCS 5/19-2.5 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 10. The Election Code is amended by repealing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 19-2.5. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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