Full Text of HB2967 103rd General Assembly
HB2967 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2967 Introduced 2/16/2023, by Rep. Christopher "C.D" Davidsmeyer 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 | |
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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.
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| | A BILL FOR |
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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 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding | 6 | | Sections 1-14 and 3-8 as follows: | 7 | | (10 ILCS 5/1-14 new) | 8 | | Sec. 1-14. Voter Identification Card. | 9 | | (a) Issuance. The Secretary of State shall issue a Voter | 10 | | Identification Card to each registered voter who does not have | 11 | | an acceptable form of photo identification card as defined in | 12 | | Section 3-8. The Voter Identification Card shall include at | 13 | | least: (i) the voter's name, signature, and photograph; (ii) | 14 | | the State seal; and (iii) the voter's current residence | 15 | | address. A Voter Identification Card is valid for as long as | 16 | | the registered voter maintains the name and residence on the | 17 | | Card. A Voter Identification Card may not be used for any | 18 | | purpose other than to vote in Illinois. | 19 | | (b) Intent and purpose. It is the intent of the General | 20 | | Assembly to provide the Secretary of State with guidance on | 21 | | how to issue the Voter Identification Card to those | 22 | | individuals who do not have an acceptable form of photo | 23 | | identification as defined in Section 3-8. |
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| 1 | | (c) Application for the Voter Identification Card. Within | 2 | | a reasonable time after the effective date of this amendatory | 3 | | Act of the 103rd General Assembly, the Secretary of State | 4 | | shall provide application forms for the Voter Identification | 5 | | Card. Any registered voter who meets the criteria set forth in | 6 | | this Section and who provides the proper documentation | 7 | | required under subsection (d) shall receive a Voter | 8 | | Identification Card. | 9 | | (d) Documentation required. The Secretary of State shall | 10 | | require the presentation and verification of the following | 11 | | information for issuance of a Voter Registration Card: | 12 | | (1) A photo identity document, except that a non-photo | 13 | | identity document, as defined in subsection (e), is | 14 | | acceptable if it includes both the applicant's name and | 15 | | date of birth. | 16 | | (2) Documentation showing the applicant's date of | 17 | | birth. | 18 | | (3) Evidence of voter registration. | 19 | | (4) Documentation, as defined in subsection (f), | 20 | | showing the applicant's name and principal residence | 21 | | address. | 22 | | (e) Non-photo identity document. A non-photo identity | 23 | | document must include the applicant's name and date of birth. | 24 | | Any of the following shall constitute a non-photo identity | 25 | | document in lieu of a photo identity document: | 26 | | (1) An original birth certificate or certified copy of |
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| 1 | | a birth certificate. | 2 | | (2) A voter registration card. | 3 | | (3) A copy of records filed in court by the applicant | 4 | | or on behalf of the applicant by the applicant's counsel. | 5 | | (4) A naturalization document. | 6 | | (5) A copy of the applicant's marriage license. | 7 | | (6) A copy of the State or federal tax return filed by | 8 | | the applicant for the previous calendar year. | 9 | | (7) An original of the annual Social Security | 10 | | statement received by the applicant for the current or | 11 | | preceding calendar year. | 12 | | (8) An original of a Medicare or Medicaid statement | 13 | | received by the applicant. | 14 | | (9) A certified school record or transcript for the | 15 | | current or preceding calendar year. | 16 | | (f) Documentation of name and address. Any of the | 17 | | following documents shall be acceptable as documentation of | 18 | | the applicant's name and current address: | 19 | | (1) A voter registration card. | 20 | | (2) A utility bill or cable bill. | 21 | | (3) A bank statement issued within the last 60 days. | 22 | | (4) A valid and current rental agreement. | 23 | | (5) A copy of the State or federal tax return filed by | 24 | | the applicant for the previous calendar year. | 25 | | (6) A homeowner's insurance policy or bill for the | 26 | | current or preceding year. |
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| 1 | | (7) A mortgage, deed, or property tax bill for the | 2 | | current or preceding year. | 3 | | (8) A W-2 for the preceding calendar year. | 4 | | (g) Exemptions. Voters who are indigent and unable to | 5 | | obtain a Voter Identification Card without a fee and voters | 6 | | who have a religious objection to being photographed may vote | 7 | | a provisional ballot and sign an affidavit that indicates one | 8 | | of the exemptions stated in this subsection. An indigent | 9 | | person is defined as an individual whose income is 125% or less | 10 | | of current federal poverty income guidelines. | 11 | | (10 ILCS 5/3-8 new) | 12 | | Sec. 3-8. Acceptable forms of photo identification for | 13 | | voting purposes. As used in this Code, acceptable forms of | 14 | | photo identification for voting purposes include: | 15 | | (1) An Illinois Driver's License. | 16 | | (2) A State Identification Card. | 17 | | (3) An Illinois Disabled Person Identification Card. | 18 | | (4) A Senior Citizen Identification Card. | 19 | | (5) A FOID Card. | 20 | | (6) A U.S. Passport with the voter's current address. | 21 | | (7) Any other government-issued identification card | 22 | | that includes the voter's name, current photograph, and | 23 | | current address. | 24 | | All photo identification cards must be valid and current. |
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| 1 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
| 2 | | Sec. 17-9. Any person desiring to vote shall (i) present | 3 | | to the judges of election for verification of the person's | 4 | | identity a government-issued photo identification card, as | 5 | | defined in Section 3-8, or his or her Voter Identification | 6 | | Card and (ii) give his name and, if
required to do so, his | 7 | | residence to the judges of election, one of whom
shall | 8 | | thereupon announce the same in a loud and distinct tone of | 9 | | voice,
clear, and audible; the judges of elections shall check | 10 | | each application
for ballot against the list of voters | 11 | | registered in that precinct to
whom grace period, vote by | 12 | | mail,
or early
ballots have been issued for that election, | 13 | | which shall be
provided by the election authority and which | 14 | | list shall be available for
inspection by pollwatchers. A | 15 | | voter applying to vote in the
precinct on election day whose | 16 | | name appears on the list as having
been issued a grace period, | 17 | | vote by mail,
or early
ballot shall not be permitted to vote in | 18 | | the
precinct, except that a voter to whom a vote by mail ballot | 19 | | was issued may vote in the precinct if the voter submits to the | 20 | | election judges that vote by mail ballot for cancellation. If | 21 | | the voter is unable to submit the vote by mail ballot, it shall | 22 | | be sufficient for the voter to submit to the election judges | 23 | | (i) a portion of the vote by mail ballot if the vote by mail | 24 | | ballot was torn or mutilated or (ii) an affidavit executed | 25 | | before the election judges specifying that (A) the voter never | 26 | | received a vote by mail ballot or (B) the voter completed and |
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| 1 | | returned a vote by mail ballot and was informed that the | 2 | | election authority did not receive that vote by mail ballot. | 3 | | All applicable provisions of Articles
4, 5 or 6 shall be | 4 | | complied with and if such name is found on the register of
| 5 | | voters by the
officer having charge thereof, he shall likewise | 6 | | repeat said name, and
the voter shall be allowed to enter | 7 | | within the proximity of the voting
booths, as above provided. | 8 | | One of the judges shall give the voter one,
and only one of | 9 | | each ballot to be voted at the election, on the back of
which | 10 | | ballots such judge shall indorse his initials in such manner | 11 | | that
they may be seen when each such ballot is properly folded, | 12 | | and the
voter's name shall be immediately checked on the | 13 | | register list. In those
election jurisdictions where | 14 | | perforated ballot cards are utilized of the
type on which | 15 | | write-in votes can be cast above the perforation, the election
| 16 | | authority shall provide a space both above and below the | 17 | | perforation for
the judge's initials, and the judge shall | 18 | | endorse his or her initials in
both spaces. Whenever
a | 19 | | proposal for a constitutional amendment or for the calling of | 20 | | a
constitutional convention is to be voted upon at the | 21 | | election, the
separate blue ballot or ballots pertaining | 22 | | thereto shall, when being
handed to the voter, be placed on top | 23 | | of the other ballots to be voted
at the election in such manner | 24 | | that the legend appearing on the back
thereof, as prescribed | 25 | | in Section 16-6 of this Act, shall be plainly
visible to the | 26 | | voter. At all elections, when a registry may be
required, if |
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| 1 | | the name of any person so desiring to vote at such election
is | 2 | | not found on the register of voters, he or she shall not | 3 | | receive a ballot
until he or she shall have complied with the | 4 | | law prescribing the manner and
conditions of voting by | 5 | | unregistered voters. If any person desiring to
vote at any | 6 | | election shall be challenged, he or she shall not receive a | 7 | | ballot
until he or she shall have established his right to vote | 8 | | in the manner provided
hereinafter; and if he or she shall be | 9 | | challenged after he has received his
ballot, he shall not be | 10 | | permitted to vote until he or she has fully complied
with such | 11 | | requirements of the law upon being challenged. Besides the
| 12 | | election officer, not more than 2 voters in excess of the whole | 13 | | number
of voting booths provided shall be allowed within the | 14 | | proximity of the voting
booths at one
time. The provisions of | 15 | | this Act, so far as they require the
registration of voters as | 16 | | a condition to their being allowed to vote
shall not apply to | 17 | | persons otherwise entitled to vote, who are, at the
time of the | 18 | | election, or at any time within 60 days prior to such
election | 19 | | have been engaged in the military or naval service of the
| 20 | | United States, and who appear personally at the polling place | 21 | | on
election day and produce to the judges of election | 22 | | satisfactory evidence
thereof, but such persons, if otherwise | 23 | | qualified to vote, shall be
permitted to vote at such election | 24 | | without previous registration.
| 25 | | All such persons shall also make an affidavit which shall | 26 | | be in
substantially the following form:
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| 1 | | State of Illinois,)
| 2 | | ) ss.
| 3 | | County of ........)
| 4 | | ............... Precinct .......... Ward
| 5 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 6 | | of the
United States, of the age of 18 years or over, and that | 7 | | within the past
60 days prior to the date of this election at | 8 | | which I am applying to
vote, I have been engaged in the .... | 9 | | (military or naval) service of the
United States; and I am | 10 | | qualified to vote under and by virtue of the
Constitution and | 11 | | laws of the State of Illinois, and that I am a legally
| 12 | | qualified voter of this precinct and ward except that I have, | 13 | | because of
such service, been unable to register as a voter; | 14 | | that I now reside at
.... (insert street and number, if any) in | 15 | | this precinct and ward; that I
have maintained a legal | 16 | | residence in this precinct and ward for 30 days
and in this | 17 | | State 30 days next preceding this election.
| 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 | 23 | | affidavit
of a resident and qualified voter of any such | 24 | | precinct and ward, which
affidavit shall be in substantially | 25 | | the following form:
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| 1 | | State of Illinois,)
| 2 | | ) ss.
| 3 | | County of ........)
| 4 | | ........... Precinct ........... Ward
| 5 | | I, ...., do solemnly swear (or affirm), that I am a | 6 | | resident of this
precinct and ward and entitled to vote at this | 7 | | election; that I am
acquainted with .... (name of the | 8 | | applicant); that I verily believe him
to be an actual bona fide | 9 | | resident of this precinct and ward and that I
verily believe | 10 | | that he or she has maintained a legal residence therein 30 days
| 11 | | and 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 | 17 | | shall be
enclosed in a separate envelope securely sealed, and | 18 | | shall be
transmitted with the returns of the elections to the | 19 | | county clerk or to
the board of election commissioners, who | 20 | | shall preserve the said
affidavits for the period of 6 months, | 21 | | during which period such
affidavits shall be deemed public | 22 | | records and shall be freely open to
examination as such.
| 23 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 24 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| 1 | | Sec. 18-5. Any person desiring to vote and whose name is | 2 | | found upon
the register of voters by the person having charge | 3 | | thereof, shall (i) present to the judges of election for | 4 | | verification of the person's identity a government-issued | 5 | | photo identification card, as defined in Section 3-8, or his | 6 | | or her Voter Identification Card, (ii) shall then
be | 7 | | questioned by one of the judges as to his nativity, his term of
| 8 | | residence at present address, precinct, State and United | 9 | | States, his
age, whether naturalized and if so the date of | 10 | | naturalization papers and
court from which secured, and (iii) | 11 | | he shall be asked to state his residence
when last previously | 12 | | registered and the date of the election for which
he then | 13 | | registered. The judges of elections shall check each | 14 | | application
for ballot against the list of voters registered | 15 | | in that precinct to whom
grace period, vote by mail, and early | 16 | | ballots have been issued for that election, which shall
be | 17 | | provided
by the election authority and which list shall be | 18 | | available for inspection
by pollwatchers. A voter applying to | 19 | | vote in
the precinct on
election day whose name appears on the | 20 | | list as having been issued a grace period, vote by mail,
or | 21 | | early ballot shall not be permitted to vote in the precinct, | 22 | | except that a voter to whom a vote by mail ballot was issued | 23 | | may vote in the precinct if the voter submits to the election | 24 | | judges that vote by mail ballot for cancellation. If the voter | 25 | | is unable to submit the vote by mail ballot, it shall be | 26 | | sufficient for the voter to submit to the election judges (i) a |
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| 1 | | portion of the vote by mail ballot if the vote by mail ballot | 2 | | was torn or mutilated or (ii) an affidavit executed before the | 3 | | election judges specifying that (A) the voter never received a | 4 | | vote by mail ballot or (B) the voter completed and returned a | 5 | | vote by mail ballot and was informed that the election | 6 | | authority did not receive that vote by mail ballot.
If such | 7 | | person
so registered shall be challenged as disqualified, the | 8 | | party challenging
shall assign his reasons therefor, and | 9 | | thereupon one of the judges shall
administer to him an oath to | 10 | | answer questions, and if he shall take the
oath he shall then | 11 | | be questioned by the judge or judges touching such cause
of | 12 | | challenge, and touching any other cause of disqualification. | 13 | | And he may
also be questioned by the person challenging him in | 14 | | regard to his
qualifications and identity. But if a majority | 15 | | of the judges are of the
opinion that he is the person so | 16 | | registered and a qualified voter, his vote
shall then be | 17 | | received accordingly. But if his vote be rejected by such
| 18 | | judges, such person may afterward produce and deliver an | 19 | | affidavit to such
judges, subscribed and sworn to by him | 20 | | before one of the judges, in which
it shall be stated how long | 21 | | he has resided in such precinct, and state;
that he is a | 22 | | citizen of the United States, and is a duly qualified voter in
| 23 | | such precinct, and that he is the identical person so | 24 | | registered.
In addition to such an affidavit, the person so | 25 | | challenged shall provide
to the judges of election proof of | 26 | | residence by producing 2 forms of
identification showing the |
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| 1 | | person's current residence address, provided
that such | 2 | | identification may include a lease or contract for a residence | 3 | | and not more than one piece of mail addressed to the person at | 4 | | his current residence address and
postmarked not earlier than | 5 | | 30 days prior to the date of the
election, or the person shall | 6 | | procure a witness personally known to the
judges of election, | 7 | | and resident in the precinct (or district), or who
shall be | 8 | | proved by some legal voter of such precinct or district, known | 9 | | to
the judges to be such, who shall take the oath following, | 10 | | viz:
| 11 | | I do solemnly swear (or affirm) that I am a resident of | 12 | | this election
precinct (or district), and entitled to vote at | 13 | | this election, and that I
have been a resident of this State | 14 | | for 30 days last past, and am well
acquainted with the person | 15 | | whose vote is now offered; that he is an actual
and bona fide | 16 | | resident of this election precinct (or district), and has
| 17 | | resided herein 30 days, and as I verily believe, in this State, | 18 | | 30 days
next preceding this election.
| 19 | | The oath in each case may be administered by one of the | 20 | | judges of
election, or by any officer, resident in the | 21 | | precinct or district,
authorized by law to administer oaths. | 22 | | Also supported by an affidavit by a
registered voter residing | 23 | | in such precinct, stating his own residence, and
that he knows | 24 | | such person; and that he does reside at the place mentioned
and | 25 | | has resided in such precinct and state for the length of time | 26 | | as stated
by such person, which shall be subscribed and sworn |
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| 1 | | to in the same way.
For purposes of this Section, the | 2 | | submission of a photo identification issued by a college or | 3 | | university, accompanied by either (i) a copy of the | 4 | | applicant's contract or lease for a residence or (ii) one | 5 | | piece of mail addressed to the person at his or her current | 6 | | residence address and postmarked not earlier than 30 days | 7 | | prior to the date of the election, shall be sufficient to | 8 | | establish proof of residence. Whereupon the vote of such | 9 | | person shall be received, and entered as other
votes. But such | 10 | | judges, having charge of such registers, shall state in
their | 11 | | respective books the facts in such case, and the affidavits, | 12 | | so
delivered to the judges, shall be preserved and returned to | 13 | | the office of
the commissioners of election. Blank affidavits | 14 | | of the character aforesaid
shall be sent out to the judges of | 15 | | all the precincts, and the judges of
election shall furnish | 16 | | the same on demand and administer the oaths without
criticism. | 17 | | Such oaths, if administered by any other officer than such | 18 | | judge
of election, shall not be received. Whenever a proposal | 19 | | for a
constitutional amendment or for the calling of a | 20 | | constitutional convention
is to be voted upon at the election, | 21 | | the separate blue ballot or ballots
pertaining thereto shall | 22 | | be placed on top of the other ballots to be voted
at the | 23 | | election in such manner that the legend appearing on the back
| 24 | | thereof, as prescribed in Section 16-6 of this Act, shall be | 25 | | plainly
visible to the voter, and in this fashion the ballots | 26 | | shall be handed to
the voter by the judge.
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| 1 | | Immediately after voting, the voter shall be instructed | 2 | | whether the voting equipment, if used, accepted or rejected | 3 | | the ballot or identified the ballot as under-voted. A voter | 4 | | whose ballot is identified as under-voted for a statewide | 5 | | constitutional office may return to the voting booth and | 6 | | complete the voting of that ballot. A voter whose ballot is not | 7 | | accepted by the voting equipment may, upon surrendering the | 8 | | ballot, request and vote another ballot. The voter's | 9 | | surrendered ballot shall be initialed by the election judge | 10 | | and handled as provided in the appropriate Article governing | 11 | | that voting equipment. | 12 | | The voter shall, upon quitting the voting booth, deliver | 13 | | to one of
the judges of election all of the ballots, properly | 14 | | folded, which he
received. The judge of election to whom the | 15 | | voter delivers his ballots
shall not accept the same unless | 16 | | all of the ballots given to the voter
are returned by him. If a | 17 | | voter delivers less than all of the ballots
given to him, the | 18 | | judge to whom the same are offered shall advise him in
a voice | 19 | | clearly audible to the other judges of election that the voter
| 20 | | must return the remainder of the ballots. The statement of the | 21 | | judge to
the voter shall clearly express the fact that the | 22 | | voter is not required
to vote such remaining ballots but that | 23 | | whether or not he votes them he
must fold and deliver them to | 24 | | the judge. In making such statement the
judge of election | 25 | | shall not indicate by word, gesture or intonation of
voice | 26 | | that the unreturned ballots shall be voted in any particular
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| 1 | | manner. No new voter shall be permitted to enter the voting | 2 | | booth of a
voter who has failed to deliver the total number of | 3 | | ballots received by
him until such voter has returned to the | 4 | | voting booth pursuant to the
judge's request and again quit | 5 | | the booth with all of the ballots
required to be returned by | 6 | | him. Upon receipt of all such ballots the
judges of election | 7 | | shall enter the name of the voter, and his number, as
above | 8 | | provided in this Section, and the judge to whom the ballots are
| 9 | | delivered shall immediately put the ballots into the ballot | 10 | | box. If any
voter who has failed to deliver all the ballots | 11 | | received by him refuses
to return to the voting booth after | 12 | | being advised by the judge of
election as herein provided, the | 13 | | judge shall inform the other judges of
such refusal, and | 14 | | thereupon the ballot or ballots returned to the judge
shall be | 15 | | deposited in the ballot box, the voter shall be permitted to
| 16 | | depart from the polling place, and a new voter shall be | 17 | | permitted to
enter the voting booth.
| 18 | | The judge of election who receives the ballot or ballots | 19 | | from the
voter shall announce the residence and name of such | 20 | | voter in a loud
voice. The judge shall put the ballot or | 21 | | ballots received from the voter
into the ballot box in the | 22 | | presence of the voter and the judges of
election, and in plain | 23 | | view of the public. The judges having charge of
such registers | 24 | | shall then, in a column prepared thereon, in the same
line of, | 25 | | the name of the voter, mark "Voted" or the letter "V".
| 26 | | No judge of election shall accept from any voter less than |
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| 1 | | the full
number of ballots received by such voter without | 2 | | first advising the
voter in the manner above provided of the | 3 | | necessity of returning all of
the ballots, nor shall any such | 4 | | judge advise such voter in a manner
contrary to that which is | 5 | | herein permitted, or in any other manner
violate the | 6 | | provisions of this Section; provided, that the acceptance by
a | 7 | | judge of election of less than the full number of ballots | 8 | | delivered to
a voter who refuses to return to the voting booth | 9 | | after being properly
advised by such judge shall not be a | 10 | | violation of this Section.
| 11 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 12 | | (10 ILCS 5/18A-5)
| 13 | | Sec. 18A-5. Provisional voting; general provisions.
| 14 | | (a) A person who claims to be a registered voter is | 15 | | entitled to cast a
provisional ballot under the following | 16 | | circumstances:
| 17 | | (1) The person's name does not appear on the official | 18 | | list of eligible
voters for the precinct in which
the | 19 | | person seeks to vote and the person has refused an | 20 | | opportunity to register at the polling location or another | 21 | | grace period registration site. The official list is the | 22 | | centralized statewide voter registration list established | 23 | | and maintained in accordance with Section 1A-25;
| 24 | | (2) The person's voting status has been challenged by | 25 | | an election judge, a
pollwatcher, or any legal voter and |
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| 1 | | that challenge has been sustained by a
majority of the | 2 | | election judges;
| 3 | | (3) A federal or State court order extends the time | 4 | | for closing the polls
beyond the time period established | 5 | | by State law and the person votes during the
extended time | 6 | | period;
| 7 | | (4) The voter registered to vote by mail and is | 8 | | required by law to
present identification when voting | 9 | | either in person , in the case of a voter who registered by | 10 | | mail, when voting or by early voting ballot, but
fails to | 11 | | provide an acceptable form of photo identification as | 12 | | described in Section 3-8, or a Voter Identification Card | 13 | | issued under Section 1-14 do so ;
| 14 | | (5) The voter's name appears on the list of voters who | 15 | | voted during the early voting period, but the voter claims | 16 | | not to have voted during the early voting period; | 17 | | (6) The voter received a vote by mail ballot but did | 18 | | not return the vote by mail ballot to the election | 19 | | authority; or | 20 | | (7) The voter attempted to register to vote on | 21 | | election day, but failed to provide the necessary | 22 | | documentation. | 23 | | (b) The procedure for obtaining and casting a provisional | 24 | | ballot at the
polling place
shall be as follows:
| 25 | | (1) After first verifying through an examination of | 26 | | the precinct register that the person's address is within |
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| 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 |
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| 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 |
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| 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 |
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| 1 | | official canvass of
votes for that election and, if the | 2 | | provisional vote was not counted, the
reason that the vote | 3 | | was not counted.
| 4 | | (6) After the person has completed marking his or her | 5 | | provisional ballot, he
or she shall place the marked | 6 | | ballot inside of the provisional ballot envelope,
close | 7 | | and seal the envelope, and return the envelope to an | 8 | | election judge, who
shall then deposit the sealed | 9 | | provisional ballot envelope into a securable
container | 10 | | separately identified and utilized for containing sealed | 11 | | provisional
ballot envelopes. Ballots that are provisional | 12 | | because they are cast after 7:00 p.m. by court
order shall | 13 | | be kept separate from other provisional ballots. Upon the | 14 | | closing of the polls, the securable container shall
be
| 15 | | sealed with filament tape provided for that purpose, which | 16 | | shall be wrapped
around the box lengthwise and crosswise, | 17 | | at least twice each way, and each of
the election judges | 18 | | shall sign the seal.
| 19 | | (c) Instead of the affidavit form described in subsection | 20 | | (b), the county
clerk or board of election commissioners, as | 21 | | the case may be, may design and
use a multi-part affidavit form | 22 | | that is imprinted upon or attached to the
provisional ballot | 23 | | envelope described in subsection (b). If a county clerk or
| 24 | | board of election commissioners elects to design and use its | 25 | | own multi-part
affidavit form, then the county clerk or board | 26 | | of election commissioners shall
establish a mechanism for |
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| 1 | | accepting any information the provisional voter has
supplied | 2 | | to the election judge to support his or her claim that he or | 3 | | she is a
duly registered voter. In all other respects, a county | 4 | | clerk or board of
election commissioners shall establish | 5 | | procedures consistent with subsection
(b).
| 6 | | (d) The county clerk or board of election commissioners, | 7 | | as the case may be,
shall use the completed affidavit form | 8 | | described in subsection (b) to update
the person's voter | 9 | | registration information in the State voter registration
| 10 | | database and voter registration database of the county clerk | 11 | | or board of
election commissioners, as the case may be. If a | 12 | | person is later determined not
to be a registered voter based | 13 | | on Section 18A-15 of this Code, then the
affidavit shall be | 14 | | processed by the county clerk or board of election
| 15 | | commissioners, as the case may be, as a voter registration | 16 | | application.
| 17 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 18 | | (10 ILCS 5/18A-15)
| 19 | | Sec. 18A-15. Validating and counting provisional ballots.
| 20 | | (a) The county clerk or board of election commissioners | 21 | | shall complete the
validation and counting of provisional | 22 | | ballots within 14 calendar days of
the day of the election. The | 23 | | county clerk or board of election commissioners
shall have 7 | 24 | | calendar days from the completion of the validation and
| 25 | | counting of provisional ballots to conduct its final canvass. |
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| 1 | | The State Board
of Elections shall complete within 31 calendar | 2 | | days of the election or sooner
if all the returns are received, | 3 | | its final canvass of the vote for all public
offices.
| 4 | | (b) If a county clerk or board of election commissioners | 5 | | determines that all
of the following apply, then a provisional | 6 | | ballot is valid and shall be counted
as a vote:
| 7 | | (1) the provisional voter cast the provisional ballot | 8 | | in the correct
precinct based on the address provided by | 9 | | the provisional voter. The provisional voter's affidavit | 10 | | shall serve as a change of address request by that voter | 11 | | for registration purposes for the next ensuing election if | 12 | | it bears an address different from that in the records of | 13 | | the election authority. Votes for federal and statewide | 14 | | offices on a provisional ballot cast in the incorrect | 15 | | precinct that meet the other requirements of this | 16 | | subsection shall be valid and counted in accordance with | 17 | | this Article. As used in this item, "federal office" is | 18 | | defined as provided in Section 20-1 and "statewide office" | 19 | | means the Governor, Attorney General, Secretary of State, | 20 | | Comptroller, and Treasurer. Votes for General Assembly, | 21 | | countywide, citywide, or township office on a provisional | 22 | | ballot cast in the incorrect precinct but in the correct | 23 | | legislative district, representative district, county, | 24 | | municipality, or township, as the case may be, shall be | 25 | | valid and counted in accordance with this Article. As used | 26 | | in this item, "citywide office" means an office elected by |
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| 1 | | the electors of an entire municipality. As used in this | 2 | | item, "township office" means an office elected by the | 3 | | electors of an entire township;
| 4 | | (2) the affidavit executed by the provisional voter | 5 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, | 6 | | at a minimum, the provisional voter's first and last name, | 7 | | house number and street name, and signature or mark;
| 8 | | (3) except as permitted by item (5) of subsection (b) | 9 | | of this Section, the provisional voter is a registered | 10 | | voter based on information
available to the county clerk | 11 | | or board of election commissioners provided by or
obtained | 12 | | from any of the following:
| 13 | | i. the provisional voter;
| 14 | | ii. an election judge;
| 15 | | iii. the statewide voter registration database | 16 | | maintained by the State
Board of Elections;
| 17 | | iv. the records of the county clerk or board of | 18 | | election commissioners'
database; or
| 19 | | v. the records of the Secretary of State; and | 20 | | (4) for a provisional ballot cast under item (6) of | 21 | | subsection (a) of Section 18A-5, the voter did not vote by | 22 | | mail ballot in the election at which the provisional | 23 | | ballot was cast; or
| 24 | | (5) for a provisional ballot cast under item (7) of | 25 | | subsection (a) of Section 18A-5, the voter provides the | 26 | | election authority with the necessary documentation within |
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| 1 | | 7 days of election day. | 2 | | (c) With respect to subsection (b)(3) of this Section, the | 3 | | county clerk or
board of election commissioners shall | 4 | | investigate and record whether or not the specified | 5 | | information is available from each of the 5 identified | 6 | | sources. If the information is available from one or more of | 7 | | the identified sources, then the
county clerk or board of | 8 | | election commissioners shall seek to obtain the
information | 9 | | from each of those sources until satisfied, with information | 10 | | from at least one of those sources, that the provisional voter | 11 | | is registered and entitled to vote. The county clerk
or board | 12 | | of election commissioners shall use any information it obtains | 13 | | as the
basis for determining the voter registration status of | 14 | | the provisional voter.
If a conflict exists among the | 15 | | information available to the county clerk or
board of election | 16 | | commissioners as to the registration status of the
provisional | 17 | | voter, then the county clerk or board of election | 18 | | commissioners
shall make a
determination based on the totality | 19 | | of the circumstances. In a case where the
above information | 20 | | equally supports or opposes the registration status of the
| 21 | | voter, the county clerk or board of election commissioners | 22 | | shall decide in
favor of the provisional voter as being duly | 23 | | registered to vote. If the
statewide voter registration | 24 | | database maintained by the State Board of
Elections indicates | 25 | | that the provisional voter is registered to vote, but the
| 26 | | county clerk's or board of election commissioners' voter |
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| 1 | | registration database
indicates that the provisional voter is | 2 | | not registered to vote, then the
information found in the | 3 | | statewide voter registration database shall control
the matter | 4 | | and the provisional voter shall be deemed to be registered to | 5 | | vote.
If the records of the county clerk or board of election | 6 | | commissioners indicates
that the provisional
voter is | 7 | | registered to vote, but the statewide voter registration | 8 | | database
maintained by the State Board of Elections indicates | 9 | | that the provisional voter
is not registered to vote, then the | 10 | | information found in the records of the
county clerk or board | 11 | | of election commissioners shall control the matter and
the | 12 | | provisional voter shall be deemed to be registered to vote. If | 13 | | the
provisional voter's signature on his or her provisional | 14 | | ballot request varies
from the signature on
an otherwise valid | 15 | | registration application solely because of the substitution
of | 16 | | initials for the first or middle name, the election authority | 17 | | may not reject
the provisional ballot.
| 18 | | (d) In validating the registration status of a person | 19 | | casting a provisional
ballot, the county clerk or board of | 20 | | election commissioners shall not require a
provisional voter | 21 | | to complete any form other than the affidavit executed by the
| 22 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 23 | | addition,
the
county clerk or board of election commissioners | 24 | | shall not require all
provisional voters or
any particular | 25 | | class or group of provisional voters to appear personally | 26 | | before
the county clerk or board of election commissioners or |
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| 1 | | as a matter of policy
require provisional voters to submit | 2 | | additional information to verify or
otherwise support the | 3 | | information already submitted by the provisional voter.
Within | 4 | | 2 calendar days after the election, the election authority | 5 | | shall transmit by electronic means pursuant to a process | 6 | | established by the State Board of Elections the name, street | 7 | | address, e-mail address, and precinct, ward, township, and | 8 | | district numbers, as the case may be, of each person casting a | 9 | | provisional ballot to the State Board of Elections, which | 10 | | shall maintain those names and that information in an | 11 | | electronic format on its website, arranged by county and | 12 | | accessible to State and local political committees. The | 13 | | provisional voter may, within 7 calendar days after the | 14 | | election, submit
additional information to the county clerk or | 15 | | board of election commissioners , except that in the case of | 16 | | provisional voting under paragraph (4) of subsection (a) of | 17 | | Section 18A-5, the provisional voter has 10 days to provide | 18 | | the county clerk or board of election commissioners with the | 19 | | required photo identification card .
This information must be | 20 | | received by the county clerk or board of election
| 21 | | commissioners within the applicable 7-calendar-day or | 22 | | 10-calendar-day period.
| 23 | | (e) If the county clerk or board of election commissioners | 24 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 25 | | apply, then the provisional
ballot is not valid
and may not be | 26 | | counted. The provisional ballot envelope containing the ballot
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| 1 | | cast by the provisional voter may not be opened. The county | 2 | | clerk or board of
election commissioners shall write on the | 3 | | provisional ballot envelope the
following: "Provisional ballot | 4 | | determined invalid.".
| 5 | | (f) If the county clerk or board of election commissioners | 6 | | determines that a
provisional ballot is valid under this | 7 | | Section, then the provisional ballot
envelope shall be opened. | 8 | | The outside of each provisional ballot
envelope shall
also be
| 9 | | marked to identify the precinct and the date of the election.
| 10 | | (g) Provisional ballots determined to be valid shall be | 11 | | counted at the election authority's central ballot counting | 12 | | location and shall not be counted in precincts. The | 13 | | provisional ballots determined to be valid shall be added to | 14 | | the
vote
totals for the precincts from which they were cast in | 15 | | the order in which the
ballots were opened.
The validation and | 16 | | counting of provisional ballots shall be subject to the
| 17 | | provisions of this Code that apply to pollwatchers.
If the | 18 | | provisional ballots are a ballot of a punch card
voting | 19 | | system, then the provisional ballot shall be counted in a | 20 | | manner
consistent with Article 24A. If the provisional ballots
| 21 | | are a ballot of optical scan or other type of approved | 22 | | electronic voting
system, then the provisional ballots shall | 23 | | be counted in a manner consistent
with Article 24B.
| 24 | | (h) As soon as the ballots have been counted, the election | 25 | | judges or
election officials shall, in
the presence of the | 26 | | county clerk or board of election commissioners, place each
of |
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| 1 | | the following items in a separate envelope or bag: (1) all | 2 | | provisional
ballots, voted or spoiled; (2)
all provisional | 3 | | ballot envelopes of provisional ballots voted or spoiled; and
| 4 | | (3) all executed affidavits
of the provisional ballots voted | 5 | | or spoiled.
All provisional ballot envelopes for provisional | 6 | | voters who have been
determined
not to be registered to vote | 7 | | shall remain sealed. The county clerk or board of
election | 8 | | commissioners shall treat the provisional ballot envelope | 9 | | containing
the written affidavit as a voter registration | 10 | | application for that person for
the next election and process | 11 | | that application.
The election judges or election officials | 12 | | shall then
securely
seal each envelope or bag, initial the | 13 | | envelope or bag, and plainly mark on the
outside of the | 14 | | envelope or bag in ink the precinct in which the provisional
| 15 | | ballots were cast. The election judges or election officials | 16 | | shall then place
each sealed envelope or
bag into a box, secure | 17 | | and seal it in the same manner as described in
item (6) of | 18 | | subsection (b) of Section 18A-5. Each election judge or | 19 | | election
official shall take and subscribe an oath
before the | 20 | | county clerk or
board of election commissioners that the | 21 | | election judge or election official
securely kept the
ballots | 22 | | and papers in the box, did not permit any person to open the | 23 | | box or
otherwise touch or tamper with the ballots and papers in | 24 | | the box, and has no
knowledge of any other person opening the | 25 | | box.
For purposes of this Section, the term "election | 26 | | official" means the county
clerk, a member of the board of |
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| 1 | | election commissioners, as the case may be, and
their | 2 | | respective employees.
| 3 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | 4 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 5 | | (10 ILCS 5/19A-35)
| 6 | | Sec. 19A-35. Procedure for voting.
| 7 | | (a) Not more than 23 days before the start of the election, | 8 | | the county clerk
shall make available to the election official | 9 | | conducting early voting by
personal
appearance a sufficient | 10 | | number of early ballots, envelopes, and printed voting
| 11 | | instruction slips for the use of early voters. The election | 12 | | official shall
receipt for all ballots received and shall | 13 | | return unused or spoiled ballots at
the close of the early | 14 | | voting period to the county clerk and must strictly
account | 15 | | for all ballots received. The ballots delivered to the | 16 | | election
official must include early ballots for each precinct | 17 | | in the election
authority's jurisdiction and must include | 18 | | separate ballots for each political
subdivision conducting an | 19 | | election of officers or a referendum at that
election.
| 20 | | (b) In conducting early voting under this Article, the | 21 | | election judge or official is
required to verify the signature | 22 | | of the early voter by comparison with the
signature on the
| 23 | | official registration card, and the judge or official must | 24 | | verify (i) that the applicant is a registered voter, (ii) the
| 25 | | precinct in which the applicant is registered, and (iii) the |
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| 1 | | proper ballots of
the political subdivision in which the | 2 | | applicant resides and is entitled to
vote before providing an | 3 | | early ballot to the applicant. The applicant's identity must | 4 | | be verified by the applicant's presentation of a | 5 | | government-issued photo identification card, as defined in | 6 | | Section 3-8, or his or her Voter Identification Card. The | 7 | | election judge or official
must verify the applicant's | 8 | | registration from the most recent poll list
provided by the
| 9 | | election authority, and if the applicant is not listed on that | 10 | | poll list, by
telephoning the office of the election | 11 | | authority.
| 12 | | (b-5) A person requesting an early voting ballot to whom a | 13 | | vote by mail ballot was issued may vote early if the person | 14 | | submits that vote by mail ballot to the judges of election or | 15 | | official conducting early voting for cancellation. If the | 16 | | voter is unable to submit the vote by mail ballot, it shall be | 17 | | sufficient for the voter to submit to the judges or official | 18 | | (i) a portion of the vote by mail ballot if the vote by mail | 19 | | ballot was torn or mutilated or (ii) an affidavit executed | 20 | | before the judges or official specifying that (A) the voter | 21 | | never received a vote by mail ballot or (B) the voter completed | 22 | | and returned a vote by mail ballot and was informed that the | 23 | | election authority did not receive that vote by mail ballot. | 24 | | (b-10) Within one day after a voter casts an early voting | 25 | | ballot, the election authority shall transmit the voter's | 26 | | name, street address, and precinct, ward, township, and |
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| 1 | | district numbers, as the case may be, to the State Board of | 2 | | Elections, which shall maintain those names and that | 3 | | information in an electronic format on its website, arranged | 4 | | by county and accessible to State and local political | 5 | | committees. | 6 | | (b-15) Immediately after voting an early ballot, the voter | 7 | | shall be instructed whether the voting equipment accepted or | 8 | | rejected the ballot or identified that ballot as under-voted | 9 | | for a statewide constitutional office. A voter whose ballot is | 10 | | identified as under-voted may return to the voting booth and | 11 | | complete the voting of that ballot. A voter whose early voting | 12 | | ballot is not accepted by the voting equipment may, upon | 13 | | surrendering the ballot, request and vote another early voting | 14 | | ballot. The voter's surrendered ballot
shall be initialed by | 15 | | the election judge or official conducting the early voting and | 16 | | handled as provided in the appropriate
Article governing the | 17 | | voting equipment used.
| 18 | | (c) The sealed early ballots in their carrier envelope | 19 | | shall be delivered by
the election authority to the central | 20 | | ballot counting location before the close of the
polls on the | 21 | | day of the election.
| 22 | | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
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