Illinois General Assembly - Full Text of HB1973
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1973  102nd General Assembly

HB1973 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1973

 

Introduced 2/17/2021, by Rep. Chris Miller

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-14 new
10 ILCS 5/3-8 new
10 ILCS 5/17-9  from Ch. 46, par. 17-9
10 ILCS 5/18-5  from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35

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


LRB102 11810 SMS 17145 b

 

 

A BILL FOR

 

HB1973LRB102 11810 SMS 17145 b

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

 

 

HB1973- 2 -LRB102 11810 SMS 17145 b

1    (c) Application for the Voter Identification Card. Within
2a reasonable time after the effective date of this amendatory
3Act of the 102nd General Assembly, the Secretary of State
4shall provide application forms for the Voter Identification
5Card. Any registered voter who meets the criteria set forth in
6this Section and who provides the proper documentation
7required under subsection (d) shall receive a Voter
8Identification Card.
9    (d) Documentation required. The Secretary of State shall
10require the presentation and verification of the following
11information for issuance of a Voter Registration Card:
12        (1) A photo identity document, except that a non-photo
13    identity document, as defined in subsection (e), is
14    acceptable if it includes both the applicant's name and
15    date of birth.
16        (2) Documentation showing the applicant's date of
17    birth.
18        (3) Evidence of voter registration.
19        (4) Documentation, as defined in subsection (f),
20    showing the applicant's name and principal residence
21    address.
22    (e) Non-photo identity document. A non-photo identity
23document must include the applicant's name and date of birth.
24Any of the following shall constitute a non-photo identity
25document in lieu of a photo identity document:
26        (1) An original birth certificate or certified copy of

 

 

HB1973- 3 -LRB102 11810 SMS 17145 b

1    a birth certificate.
2        (2) A voter registration card.
3        (3) A copy of records filed in court by the applicant
4    or on behalf of the applicant by the applicant's counsel.
5        (4) A naturalization document.
6        (5) A copy of the applicant's marriage license.
7        (6) A copy of the State or federal tax return filed by
8    the applicant for the previous calendar year.
9        (7) An original of the annual Social Security
10    statement received by the applicant for the current or
11    preceding calendar year.
12        (8) An original of a Medicare or Medicaid statement
13    received by the applicant.
14        (9) A certified school record or transcript for the
15    current or preceding calendar year.
16    (f) Documentation of name and address. Any of the
17following documents shall be acceptable as documentation of
18the 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.

 

 

HB1973- 4 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 5 -LRB102 11810 SMS 17145 b

1    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
2    Sec. 17-9. Any person desiring to vote shall (i) present
3to the judges of election for verification of the person's
4identity a government-issued photo identification card, as
5defined in Section 3-8, or his or her Voter Identification
6Card and (ii) give his name and, if required to do so, his
7residence to the judges of election, one of whom shall
8thereupon announce the same in a loud and distinct tone of
9voice, clear, and audible; the judges of elections shall check
10each application for ballot against the list of voters
11registered in that precinct to whom grace period, vote by
12mail, or early ballots have been issued for that election,
13which shall be provided by the election authority and which
14list shall be available for inspection by pollwatchers. A
15voter applying to vote in the precinct on election day whose
16name appears on the list as having been issued a grace period,
17vote by mail, or early ballot shall not be permitted to vote in
18the precinct, except that a voter to whom a vote by mail ballot
19was issued may vote in the precinct if the voter submits to the
20election judges that vote by mail ballot for cancellation. If
21the voter is unable to submit the vote by mail ballot, it shall
22be sufficient for the voter to submit to the election judges
23(i) a portion of the vote by mail ballot if the vote by mail
24ballot was torn or mutilated or (ii) an affidavit executed
25before the election judges specifying that (A) the voter never
26received a vote by mail ballot or (B) the voter completed and

 

 

HB1973- 6 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 7 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 8 -LRB102 11810 SMS 17145 b

1State of Illinois,)
2                  ) ss.
3County of ........)
4............... Precinct   .......... Ward
5    I, ...., do solemnly swear (or affirm) that I am a citizen
6of the United States, of the age of 18 years or over, and that
7within the past 60 days prior to the date of this election at
8which I am applying to vote, I have been engaged in the ....
9(military or naval) service of the United States; and I am
10qualified to vote under and by virtue of the Constitution and
11laws of the State of Illinois, and that I am a legally
12qualified voter of this precinct and ward except that I have,
13because of such service, been unable to register as a voter;
14that I now reside at .... (insert street and number, if any) in
15this precinct and ward; that I have maintained a legal
16residence in this precinct and ward for 30 days and in this
17State 30 days next preceding this election.
18
.........................
19    Subscribed and sworn to before me on (insert date).
20
.........................
21
Judge of Election.

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

 

 

HB1973- 9 -LRB102 11810 SMS 17145 b

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

 
16    All affidavits made under the provisions of this Section
17shall be enclosed in a separate envelope securely sealed, and
18shall be transmitted with the returns of the elections to the
19county clerk or to the board of election commissioners, who
20shall preserve the said affidavits for the period of 6 months,
21during which period such affidavits shall be deemed public
22records and shall be freely open to examination as such.
23(Source: P.A. 98-1171, eff. 6-1-15.)
 
24    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)

 

 

HB1973- 10 -LRB102 11810 SMS 17145 b

1    Sec. 18-5. Any person desiring to vote and whose name is
2found upon the register of voters by the person having charge
3thereof, shall (i) present to the judges of election for
4verification of the person's identity a government-issued
5photo identification card, as defined in Section 3-8, or his
6or her Voter Identification Card, (ii) shall then be
7questioned by one of the judges as to his nativity, his term of
8residence at present address, precinct, State and United
9States, his age, whether naturalized and if so the date of
10naturalization papers and court from which secured, and (iii)
11he shall be asked to state his residence when last previously
12registered and the date of the election for which he then
13registered. The judges of elections shall check each
14application for ballot against the list of voters registered
15in that precinct to whom grace period, vote by mail, and early
16ballots have been issued for that election, which shall be
17provided by the election authority and which list shall be
18available for inspection by pollwatchers. A voter applying to
19vote in the precinct on election day whose name appears on the
20list as having been issued a grace period, vote by mail, or
21early ballot shall not be permitted to vote in the precinct,
22except that a voter to whom a vote by mail ballot was issued
23may vote in the precinct if the voter submits to the election
24judges that vote by mail ballot for cancellation. If the voter
25is unable to submit the vote by mail ballot, it shall be
26sufficient for the voter to submit to the election judges (i) a

 

 

HB1973- 11 -LRB102 11810 SMS 17145 b

1portion of the vote by mail ballot if the vote by mail ballot
2was torn or mutilated or (ii) an affidavit executed before the
3election judges specifying that (A) the voter never received a
4vote by mail ballot or (B) the voter completed and returned a
5vote by mail ballot and was informed that the election
6authority did not receive that vote by mail ballot. If such
7person so registered shall be challenged as disqualified, the
8party challenging shall assign his reasons therefor, and
9thereupon one of the judges shall administer to him an oath to
10answer questions, and if he shall take the oath he shall then
11be questioned by the judge or judges touching such cause of
12challenge, and touching any other cause of disqualification.
13And he may also be questioned by the person challenging him in
14regard to his qualifications and identity. But if a majority
15of the judges are of the opinion that he is the person so
16registered and a qualified voter, his vote shall then be
17received accordingly. But if his vote be rejected by such
18judges, such person may afterward produce and deliver an
19affidavit to such judges, subscribed and sworn to by him
20before one of the judges, in which it shall be stated how long
21he has resided in such precinct, and state; that he is a
22citizen of the United States, and is a duly qualified voter in
23such precinct, and that he is the identical person so
24registered. In addition to such an affidavit, the person so
25challenged shall provide to the judges of election proof of
26residence by producing 2 forms of identification showing the

 

 

HB1973- 12 -LRB102 11810 SMS 17145 b

1person's current residence address, provided that such
2identification may include a lease or contract for a residence
3and not more than one piece of mail addressed to the person at
4his current residence address and postmarked not earlier than
530 days prior to the date of the election, or the person shall
6procure a witness personally known to the judges of election,
7and resident in the precinct (or district), or who shall be
8proved by some legal voter of such precinct or district, known
9to the judges to be such, who shall take the oath following,
10viz:
11    I do solemnly swear (or affirm) that I am a resident of
12this election precinct (or district), and entitled to vote at
13this election, and that I have been a resident of this State
14for 30 days last past, and am well acquainted with the person
15whose vote is now offered; that he is an actual and bona fide
16resident of this election precinct (or district), and has
17resided herein 30 days, and as I verily believe, in this State,
1830 days next preceding this election.
19    The oath in each case may be administered by one of the
20judges of election, or by any officer, resident in the
21precinct or district, authorized by law to administer oaths.
22Also supported by an affidavit by a registered voter residing
23in such precinct, stating his own residence, and that he knows
24such person; and that he does reside at the place mentioned and
25has resided in such precinct and state for the length of time
26as stated by such person, which shall be subscribed and sworn

 

 

HB1973- 13 -LRB102 11810 SMS 17145 b

1to in the same way. For purposes of this Section, the
2submission of a photo identification issued by a college or
3university, accompanied by either (i) a copy of the
4applicant's contract or lease for a residence or (ii) one
5piece of mail addressed to the person at his or her current
6residence address and postmarked not earlier than 30 days
7prior to the date of the election, shall be sufficient to
8establish proof of residence. Whereupon the vote of such
9person shall be received, and entered as other votes. But such
10judges, having charge of such registers, shall state in their
11respective books the facts in such case, and the affidavits,
12so delivered to the judges, shall be preserved and returned to
13the office of the commissioners of election. Blank affidavits
14of the character aforesaid shall be sent out to the judges of
15all the precincts, and the judges of election shall furnish
16the same on demand and administer the oaths without criticism.
17Such oaths, if administered by any other officer than such
18judge of election, shall not be received. Whenever a proposal
19for a constitutional amendment or for the calling of a
20constitutional convention is to be voted upon at the election,
21the separate blue ballot or ballots pertaining thereto shall
22be placed on top of the other ballots to be voted at the
23election in such manner that the legend appearing on the back
24thereof, as prescribed in Section 16-6 of this Act, shall be
25plainly visible to the voter, and in this fashion the ballots
26shall be handed to the voter by the judge.

 

 

HB1973- 14 -LRB102 11810 SMS 17145 b

1    Immediately after voting, the voter shall be instructed
2whether the voting equipment, if used, accepted or rejected
3the ballot or identified the ballot as under-voted. A voter
4whose ballot is identified as under-voted for a statewide
5constitutional office may return to the voting booth and
6complete the voting of that ballot. A voter whose ballot is not
7accepted by the voting equipment may, upon surrendering the
8ballot, request and vote another ballot. The voter's
9surrendered ballot shall be initialed by the election judge
10and handled as provided in the appropriate Article governing
11that voting equipment.
12    The voter shall, upon quitting the voting booth, deliver
13to one of the judges of election all of the ballots, properly
14folded, which he received. The judge of election to whom the
15voter delivers his ballots shall not accept the same unless
16all of the ballots given to the voter are returned by him. If a
17voter delivers less than all of the ballots given to him, the
18judge to whom the same are offered shall advise him in a voice
19clearly audible to the other judges of election that the voter
20must return the remainder of the ballots. The statement of the
21judge to the voter shall clearly express the fact that the
22voter is not required to vote such remaining ballots but that
23whether or not he votes them he must fold and deliver them to
24the judge. In making such statement the judge of election
25shall not indicate by word, gesture or intonation of voice
26that the unreturned ballots shall be voted in any particular

 

 

HB1973- 15 -LRB102 11810 SMS 17145 b

1manner. No new voter shall be permitted to enter the voting
2booth of a voter who has failed to deliver the total number of
3ballots received by him until such voter has returned to the
4voting booth pursuant to the judge's request and again quit
5the booth with all of the ballots required to be returned by
6him. Upon receipt of all such ballots the judges of election
7shall enter the name of the voter, and his number, as above
8provided in this Section, and the judge to whom the ballots are
9delivered shall immediately put the ballots into the ballot
10box. If any voter who has failed to deliver all the ballots
11received by him refuses to return to the voting booth after
12being advised by the judge of election as herein provided, the
13judge shall inform the other judges of such refusal, and
14thereupon the ballot or ballots returned to the judge shall be
15deposited in the ballot box, the voter shall be permitted to
16depart from the polling place, and a new voter shall be
17permitted to enter the voting booth.
18    The judge of election who receives the ballot or ballots
19from the voter shall announce the residence and name of such
20voter in a loud voice. The judge shall put the ballot or
21ballots received from the voter into the ballot box in the
22presence of the voter and the judges of election, and in plain
23view of the public. The judges having charge of such registers
24shall then, in a column prepared thereon, in the same line of,
25the name of the voter, mark "Voted" or the letter "V".
26    No judge of election shall accept from any voter less than

 

 

HB1973- 16 -LRB102 11810 SMS 17145 b

1the full number of ballots received by such voter without
2first advising the voter in the manner above provided of the
3necessity of returning all of the ballots, nor shall any such
4judge advise such voter in a manner contrary to that which is
5herein permitted, or in any other manner violate the
6provisions of this Section; provided, that the acceptance by a
7judge of election of less than the full number of ballots
8delivered to a voter who refuses to return to the voting booth
9after being properly advised by such judge shall not be a
10violation of this Section.
11(Source: P.A. 98-1171, eff. 6-1-15.)
 
12    (10 ILCS 5/18A-5)
13    Sec. 18A-5. Provisional voting; general provisions.
14    (a) A person who claims to be a registered voter is
15entitled to cast a provisional ballot under the following
16circumstances:
17        (1) The person's name does not appear on the official
18    list of eligible voters for the precinct in which the
19    person seeks to vote and the person has refused an
20    opportunity to register at the polling location or another
21    grace period registration site. The official list is the
22    centralized statewide voter registration list established
23    and maintained in accordance with Section 1A-25;
24        (2) The person's voting status has been challenged by
25    an election judge, a pollwatcher, or any legal voter and

 

 

HB1973- 17 -LRB102 11810 SMS 17145 b

1    that challenge has been sustained by a majority of the
2    election judges;
3        (3) A federal or State court order extends the time
4    for closing the polls beyond the time period established
5    by State law and the person votes during the extended time
6    period;
7        (4) The voter registered to vote by mail and is
8    required by law to present identification when voting
9    either in person, in the case of a voter who registered by
10    mail, when voting or by early voting ballot, but fails to
11    provide an acceptable form of photo identification as
12    described in Section 3-8, or a Voter Identification Card
13    issued under Section 1-14 do so;
14        (5) The voter's name appears on the list of voters who
15    voted during the early voting period, but the voter claims
16    not to have voted during the early voting period;
17        (6) The voter received a vote by mail ballot but did
18    not return the vote by mail ballot to the election
19    authority; or
20        (7) The voter attempted to register to vote on
21    election day, but failed to provide the necessary
22    documentation.
23    (b) The procedure for obtaining and casting a provisional
24ballot at the polling place shall be as follows:
25        (1) After first verifying through an examination of
26    the precinct register that the person's address is within

 

 

HB1973- 18 -LRB102 11810 SMS 17145 b

1    the precinct boundaries, an election judge at the polling
2    place shall notify a person who is entitled to cast a
3    provisional ballot pursuant to subsection (a) that he or
4    she may cast a provisional ballot in that election. An
5    election judge must accept any information provided by a
6    person who casts a provisional ballot that the person
7    believes supports his or her claim that he or she is a duly
8    registered voter and qualified to vote in the election.
9    However, if the person's residence address is outside the
10    precinct boundaries, the election judge shall inform the
11    person of that fact, give the person the appropriate
12    telephone number of the election authority in order to
13    locate the polling place assigned to serve that address,
14    and instruct the person to go to the proper polling place
15    to vote.
16        (2) The person shall execute a written form provided
17    by the election judge that shall state or contain all of
18    the following that is available:
19             (i) an affidavit stating the following:
20                State of Illinois, County of ................,
21            Township ............., Precinct ........, Ward
22            ........, I, ......................., do solemnly
23            swear (or affirm) that: I am a citizen of the
24            United States; I am 18 years of age or older; I
25            have resided in this State and in this precinct
26            for 30 days preceding this election; I have not

 

 

HB1973- 19 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 20 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 21 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 22 -LRB102 11810 SMS 17145 b

1accepting any information the provisional voter has supplied
2to the election judge to support his or her claim that he or
3she is a duly registered voter. In all other respects, a county
4clerk or board of election commissioners shall establish
5procedures consistent with subsection (b).
6    (d) The county clerk or board of election commissioners,
7as the case may be, shall use the completed affidavit form
8described in subsection (b) to update the person's voter
9registration information in the State voter registration
10database and voter registration database of the county clerk
11or board of election commissioners, as the case may be. If a
12person is later determined not to be a registered voter based
13on Section 18A-15 of this Code, then the affidavit shall be
14processed by the county clerk or board of election
15commissioners, as the case may be, as a voter registration
16application.
17(Source: P.A. 100-201, eff. 8-18-17.)
 
18    (10 ILCS 5/18A-15)
19    Sec. 18A-15. Validating and counting provisional ballots.
20    (a) The county clerk or board of election commissioners
21shall complete the validation and counting of provisional
22ballots within 14 calendar days of the day of the election. The
23county clerk or board of election commissioners shall have 7
24calendar days from the completion of the validation and
25counting of provisional ballots to conduct its final canvass.

 

 

HB1973- 23 -LRB102 11810 SMS 17145 b

1The State Board of Elections shall complete within 31 calendar
2days of the election or sooner if all the returns are received,
3its final canvass of the vote for all public offices.
4    (b) If a county clerk or board of election commissioners
5determines that all of the following apply, then a provisional
6ballot is valid and shall be counted as a vote:
7        (1) the provisional voter cast the provisional ballot
8    in the correct precinct based on the address provided by
9    the provisional voter. The provisional voter's affidavit
10    shall serve as a change of address request by that voter
11    for registration purposes for the next ensuing election if
12    it bears an address different from that in the records of
13    the election authority. Votes for federal and statewide
14    offices on a provisional ballot cast in the incorrect
15    precinct that meet the other requirements of this
16    subsection shall be valid and counted in accordance with
17    this Article. As used in this item, "federal office" is
18    defined as provided in Section 20-1 and "statewide office"
19    means the Governor, Attorney General, Secretary of State,
20    Comptroller, and Treasurer. Votes for General Assembly,
21    countywide, citywide, or township office on a provisional
22    ballot cast in the incorrect precinct but in the correct
23    legislative district, representative district, county,
24    municipality, or township, as the case may be, shall be
25    valid and counted in accordance with this Article. As used
26    in this item, "citywide office" means an office elected by

 

 

HB1973- 24 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 25 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 26 -LRB102 11810 SMS 17145 b

1registration database indicates that the provisional voter is
2not registered to vote, then the information found in the
3statewide voter registration database shall control the matter
4and the provisional voter shall be deemed to be registered to
5vote. If the records of the county clerk or board of election
6commissioners indicates that the provisional voter is
7registered to vote, but the statewide voter registration
8database maintained by the State Board of Elections indicates
9that the provisional voter is not registered to vote, then the
10information found in the records of the county clerk or board
11of election commissioners shall control the matter and the
12provisional voter shall be deemed to be registered to vote. If
13the provisional voter's signature on his or her provisional
14ballot request varies from the signature on an otherwise valid
15registration application solely because of the substitution of
16initials for the first or middle name, the election authority
17may not reject the provisional ballot.
18    (d) In validating the registration status of a person
19casting a provisional ballot, the county clerk or board of
20election commissioners shall not require a provisional voter
21to complete any form other than the affidavit executed by the
22provisional voter under subsection (b)(2) of Section 18A-5. In
23addition, the county clerk or board of election commissioners
24shall not require all provisional voters or any particular
25class or group of provisional voters to appear personally
26before the county clerk or board of election commissioners or

 

 

HB1973- 27 -LRB102 11810 SMS 17145 b

1as a matter of policy require provisional voters to submit
2additional information to verify or otherwise support the
3information already submitted by the provisional voter. Within
42 calendar days after the election, the election authority
5shall transmit by electronic means pursuant to a process
6established by the State Board of Elections the name, street
7address, e-mail address, and precinct, ward, township, and
8district numbers, as the case may be, of each person casting a
9provisional ballot to the State Board of Elections, which
10shall maintain those names and that information in an
11electronic format on its website, arranged by county and
12accessible to State and local political committees. The
13provisional voter may, within 7 calendar days after the
14election, submit additional information to the county clerk or
15board of election commissioners, except that in the case of
16provisional voting under paragraph (4) of subsection (a) of
17Section 18A-5, the provisional voter has 10 days to provide
18the county clerk or board of election commissioners with the
19required photo identification card. This information must be
20received by the county clerk or board of election
21commissioners within the applicable 7-calendar-day or
2210-calendar-day period.
23    (e) If the county clerk or board of election commissioners
24determines that subsection (b)(1), (b)(2), or (b)(3) does not
25apply, then the provisional ballot is not valid and may not be
26counted. The provisional ballot envelope containing the ballot

 

 

HB1973- 28 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 29 -LRB102 11810 SMS 17145 b

1the following items in a separate envelope or bag: (1) all
2provisional ballots, voted or spoiled; (2) all provisional
3ballot envelopes of provisional ballots voted or spoiled; and
4(3) all executed affidavits of the provisional ballots voted
5or spoiled. All provisional ballot envelopes for provisional
6voters who have been determined not to be registered to vote
7shall remain sealed. The county clerk or board of election
8commissioners shall treat the provisional ballot envelope
9containing the written affidavit as a voter registration
10application for that person for the next election and process
11that application. The election judges or election officials
12shall then securely seal each envelope or bag, initial the
13envelope or bag, and plainly mark on the outside of the
14envelope or bag in ink the precinct in which the provisional
15ballots were cast. The election judges or election officials
16shall then place each sealed envelope or bag into a box, secure
17and seal it in the same manner as described in item (6) of
18subsection (b) of Section 18A-5. Each election judge or
19election official shall take and subscribe an oath before the
20county clerk or board of election commissioners that the
21election judge or election official securely kept the ballots
22and papers in the box, did not permit any person to open the
23box or otherwise touch or tamper with the ballots and papers in
24the box, and has no knowledge of any other person opening the
25box. For purposes of this Section, the term "election
26official" means the county clerk, a member of the board of

 

 

HB1973- 30 -LRB102 11810 SMS 17145 b

1election commissioners, as the case may be, and their
2respective employees.
3(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
498-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
5    (10 ILCS 5/19A-35)
6    Sec. 19A-35. Procedure for voting.
7    (a) Not more than 23 days before the start of the election,
8the county clerk shall make available to the election official
9conducting early voting by personal appearance a sufficient
10number of early ballots, envelopes, and printed voting
11instruction slips for the use of early voters. The election
12official shall receipt for all ballots received and shall
13return unused or spoiled ballots at the close of the early
14voting period to the county clerk and must strictly account
15for all ballots received. The ballots delivered to the
16election official must include early ballots for each precinct
17in the election authority's jurisdiction and must include
18separate ballots for each political subdivision conducting an
19election of officers or a referendum at that election.
20    (b) In conducting early voting under this Article, the
21election judge or official is required to verify the signature
22of the early voter by comparison with the signature on the
23official registration card, and the judge or official must
24verify (i) that the applicant is a registered voter, (ii) the
25precinct in which the applicant is registered, and (iii) the

 

 

HB1973- 31 -LRB102 11810 SMS 17145 b

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

 

 

HB1973- 32 -LRB102 11810 SMS 17145 b

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