Full Text of SB2079 96th General Assembly
SB2079 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2079
Introduced 2/20/2009, by Sen. Chris Lauzen SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/17-9 |
from Ch. 46, par. 17-9 |
10 ILCS 5/18-5 |
from Ch. 46, par. 18-5 |
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Amends the Election Code. Requires that a person seeking to vote on election day present a government-issued photo identification card to the election judge (now, required only when voting early). Effective immediately.
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A BILL FOR
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SB2079 |
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LRB096 04722 JAM 14785 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 17-9 and 18-5 as follows: | 6 |
| (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | 7 |
| Sec. 17-9. Any person desiring to vote shall (i) present to | 8 |
| the judges of election for verification of the person's | 9 |
| identity his or her Illinois driver's license, his or her | 10 |
| non-driver identification card issued by the Illinois | 11 |
| Secretary of State, or another government-issued | 12 |
| identification document containing his or her photograph and | 13 |
| (ii) give his name and, if
required to do so, his residence to | 14 |
| the judges of election, one of whom
shall thereupon announce | 15 |
| the same in a loud and distinct tone of voice,
clear, and | 16 |
| audible; the judges of elections shall check each application
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| for ballot against the list of voters registered in that | 18 |
| precinct to
whom grace period, absentee,
or early
ballots have | 19 |
| been issued for that election, which shall be
provided by the | 20 |
| election authority and which list shall be available for
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| inspection by pollwatchers. A voter applying to vote in the
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| precinct on election day whose name appears on the list as | 23 |
| having
been issued a grace period, absentee,
or early
ballot |
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| shall not be permitted to vote in the
precinct, except that a | 2 |
| voter to whom an absentee ballot was issued may vote in the | 3 |
| precinct if the voter submits to the election judges that | 4 |
| absentee ballot for cancellation. If the voter is unable to | 5 |
| submit the absentee ballot, it shall be sufficient for the | 6 |
| voter to submit to the election judges (i) a portion of the | 7 |
| absentee ballot if the absentee ballot was torn or mutilated or | 8 |
| (ii) an affidavit executed before the election judges | 9 |
| specifying that (A) the voter never received an absentee ballot | 10 |
| or (B) the voter completed and returned an absentee ballot and | 11 |
| was informed that the election authority did not receive that | 12 |
| absentee ballot. All applicable provisions of Articles
4, 5 or | 13 |
| 6 shall be complied with and if such name is found on the | 14 |
| register of
voters by the
officer having charge thereof, he | 15 |
| shall likewise repeat said name, and
the voter shall be allowed | 16 |
| to enter within the proximity of the voting
booths, as above | 17 |
| provided. One of the judges shall give the voter one,
and only | 18 |
| one of each ballot to be voted at the election, on the back of
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| which ballots such judge shall indorse his initials in such | 20 |
| manner that
they may be seen when each such ballot is properly | 21 |
| folded, and the
voter's name shall be immediately checked on | 22 |
| the register list. In those
election jurisdictions where | 23 |
| perforated ballot cards are utilized of the
type on which | 24 |
| write-in votes can be cast above the perforation, the election
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| authority shall provide a space both above and below the | 26 |
| perforation for
the judge's initials, and the judge shall |
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| endorse his or her initials in
both spaces. Whenever
a proposal | 2 |
| for a constitutional amendment or for the calling of a
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| constitutional convention is to be voted upon at the election, | 4 |
| the
separate blue ballot or ballots pertaining thereto shall, | 5 |
| when being
handed to the voter, be placed on top of the other | 6 |
| ballots to be voted
at the election in such manner that the | 7 |
| legend appearing on the back
thereof, as prescribed in Section | 8 |
| 16-6 of this Act, shall be plainly
visible to the voter. At all | 9 |
| elections, when a registry may be
required, if the name of any | 10 |
| person so desiring to vote at such election
is not found on the | 11 |
| register of voters, he or she shall not receive a ballot
until | 12 |
| he or she shall have complied with the law prescribing the | 13 |
| manner and
conditions of voting by unregistered voters. If any | 14 |
| person desiring to
vote at any election shall be challenged, he | 15 |
| or she shall not receive a ballot
until he or she shall have | 16 |
| established his right to vote in the manner provided
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| hereinafter; and if he or she shall be challenged after he has | 18 |
| received his
ballot, he shall not be permitted to vote until he | 19 |
| or she has fully complied
with such requirements of the law | 20 |
| upon being challenged. Besides the
election officer, not more | 21 |
| than 2 voters in excess of the whole number
of voting booths | 22 |
| provided shall be allowed within the proximity of the voting
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| booths at one
time. The provisions of this Act, so far as they | 24 |
| require the
registration of voters as a condition to their | 25 |
| being allowed to vote
shall not apply to persons otherwise | 26 |
| entitled to vote, who are, at the
time of the election, or at |
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| any time within 60 days prior to such
election have been | 2 |
| engaged in the military or naval service of the
United States, | 3 |
| and who appear personally at the polling place on
election day | 4 |
| and produce to the judges of election satisfactory evidence
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| thereof, but such persons, if otherwise qualified to vote, | 6 |
| shall be
permitted to vote at such election without previous | 7 |
| registration.
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| All such persons shall also make an affidavit which shall | 9 |
| be in
substantially the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ............... Precinct .......... Ward
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| I, ...., do solemnly swear (or affirm) that I am a citizen | 15 |
| of the
United States, of the age of 18 years or over, and that | 16 |
| within the past
60 days prior to the date of this election at | 17 |
| which I am applying to
vote, I have been engaged in the .... | 18 |
| (military or naval) service of the
United States; and I am | 19 |
| qualified to vote under and by virtue of the
Constitution and | 20 |
| laws of the State of Illinois, and that I am a legally
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| qualified voter of this precinct and ward except that I have, | 22 |
| because of
such service, been unable to register as a voter; | 23 |
| that I now reside at
.... (insert street and number, if any) in | 24 |
| this precinct and ward; that I
have maintained a legal | 25 |
| residence in this precinct and ward for 30 days
and in this | 26 |
| State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| The affidavit of any such person shall be supported by the | 6 |
| affidavit
of a resident and qualified voter of any such | 7 |
| precinct and ward, which
affidavit shall be in substantially | 8 |
| the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ........... Precinct ........... Ward
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| I, ...., do solemnly swear (or affirm), that I am a | 14 |
| resident of this
precinct and ward and entitled to vote at this | 15 |
| election; that I am
acquainted with .... (name of the | 16 |
| applicant); that I verily believe him
to be an actual bona fide | 17 |
| resident of this precinct and ward and that I
verily believe | 18 |
| that he or she has maintained a legal residence therein 30 days
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| and in this State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| All affidavits made under the provisions of this Section |
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| shall be
enclosed in a separate envelope securely sealed, and | 2 |
| shall be
transmitted with the returns of the elections to the | 3 |
| county clerk or to
the board of election commissioners, who | 4 |
| shall preserve the said
affidavits for the period of 6 months, | 5 |
| during which period such
affidavits shall be deemed public | 6 |
| records and shall be freely open to
examination as such.
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| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) | 9 |
| Sec. 18-5. Any person desiring to vote and whose name is | 10 |
| found upon
the register of voters by the person having charge | 11 |
| thereof, shall (i) present to the judges of election for | 12 |
| verification of the person's identity his or her Illinois | 13 |
| driver's license, his or her non-driver identification card | 14 |
| issued by the Illinois Secretary of State, or another | 15 |
| government-issued identification document containing his or | 16 |
| her photograph, (ii) then
be questioned by one of the judges as | 17 |
| to his nativity, his term of
residence at present address, | 18 |
| precinct, State and United States, his
age, whether naturalized | 19 |
| and if so the date of naturalization papers and
court from | 20 |
| which secured, and (iii) he shall be asked to state his | 21 |
| residence
when last previously registered and the date of the | 22 |
| election for which
he then registered. The judges of elections | 23 |
| shall check each application
for ballot against the list of | 24 |
| voters registered in that precinct to whom
grace period, | 25 |
| absentee, and early ballots have been issued for that election, |
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| which shall
be provided
by the election authority and which | 2 |
| list shall be available for inspection
by pollwatchers. A voter | 3 |
| applying to vote in
the precinct on
election day whose name | 4 |
| appears on the list as having been issued a grace period, | 5 |
| absentee,
or early ballot shall not be permitted to vote in the | 6 |
| precinct, except that a voter to whom an absentee ballot was | 7 |
| issued may vote in the precinct if the voter submits to the | 8 |
| election judges that absentee ballot for cancellation. If the | 9 |
| voter is unable to submit the absentee ballot, it shall be | 10 |
| sufficient for the voter to submit to the election judges (i) a | 11 |
| portion of the absentee ballot if the absentee ballot was torn | 12 |
| or mutilated or (ii) an affidavit executed before the election | 13 |
| judges specifying that (A) the voter never received an absentee | 14 |
| ballot or (B) the voter completed and returned an absentee | 15 |
| ballot and was informed that the election authority did not | 16 |
| receive that absentee ballot.
If such person
so registered | 17 |
| shall be challenged as disqualified, the party challenging
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| shall assign his reasons therefor, and thereupon one of the | 19 |
| judges shall
administer to him an oath to answer questions, and | 20 |
| if he shall take the
oath he shall then be questioned by the | 21 |
| judge or judges touching such cause
of challenge, and touching | 22 |
| any other cause of disqualification. And he may
also be | 23 |
| questioned by the person challenging him in regard to his
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| qualifications and identity. But if a majority of the judges | 25 |
| are of the
opinion that he is the person so registered and a | 26 |
| qualified voter, his vote
shall then be received accordingly. |
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| But if his vote be rejected by such
judges, such person may | 2 |
| afterward produce and deliver an affidavit to such
judges, | 3 |
| subscribed and sworn to by him before one of the judges, in | 4 |
| which
it shall be stated how long he has resided in such | 5 |
| precinct, and state;
that he is a citizen of the United States, | 6 |
| and is a duly qualified voter in
such precinct, and that he is | 7 |
| the identical person so registered.
In addition to such an | 8 |
| affidavit, the person so challenged shall provide
to the judges | 9 |
| of election proof of residence by producing 2 forms of
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| identification showing the person's current residence address, | 11 |
| provided
that such identification to the person at his current | 12 |
| residence address and
postmarked not earlier than 30 days prior | 13 |
| to the date of the
election, or the person shall procure a | 14 |
| witness personally known to the
judges of election, and | 15 |
| resident in the precinct (or district), or who
shall be proved | 16 |
| by some legal voter of such precinct or district, known to
the | 17 |
| judges to be such, who shall take the oath following, viz:
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| I do solemnly swear (or affirm) that I am a resident of | 19 |
| this election
precinct (or district), and entitled to vote at | 20 |
| this election, and that I
have been a resident of this State | 21 |
| for 30 days last past, and am well
acquainted with the person | 22 |
| whose vote is now offered; that he is an actual
and bona fide | 23 |
| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, | 25 |
| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the |
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| judges of
election, or by any officer, resident in the precinct | 2 |
| or district,
authorized by law to administer oaths. Also | 3 |
| supported by an affidavit by a
registered voter residing in | 4 |
| such precinct, stating his own residence, and
that he knows | 5 |
| such person; and that he does reside at the place mentioned
and | 6 |
| has resided in such precinct and state for the length of time | 7 |
| as stated
by such person, which shall be subscribed and sworn | 8 |
| to in the same way.
Whereupon the vote of such person shall be | 9 |
| received, and entered as other
votes. But such judges, having | 10 |
| charge of such registers, shall state in
their respective books | 11 |
| the facts in such case, and the affidavits, so
delivered to the | 12 |
| judges, shall be preserved and returned to the office of
the | 13 |
| commissioners of election. Blank affidavits of the character | 14 |
| aforesaid
shall be sent out to the judges of all the precincts, | 15 |
| and the judges of
election shall furnish the same on demand and | 16 |
| administer the oaths without
criticism. Such oaths, if | 17 |
| administered by any other officer than such judge
of election, | 18 |
| shall not be received. Whenever a proposal for a
constitutional | 19 |
| amendment or for the calling of a constitutional convention
is | 20 |
| to be voted upon at the election, the separate blue ballot or | 21 |
| ballots
pertaining thereto shall be placed on top of the other | 22 |
| ballots to be voted
at the election in such manner that the | 23 |
| legend appearing on the back
thereof, as prescribed in Section | 24 |
| 16-6 of this Act, shall be plainly
visible to the voter, and in | 25 |
| this fashion the ballots shall be handed to
the voter by the | 26 |
| judge.
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| Immediately after voting, the voter shall be instructed | 2 |
| whether the voting equipment, if used, accepted or rejected the | 3 |
| ballot or identified the ballot as under-voted. A voter whose | 4 |
| 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 and | 10 |
| handled as provided in the appropriate Article governing that | 11 |
| voting equipment. | 12 |
| The voter shall, upon quitting the voting booth, deliver to | 13 |
| 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 all | 16 |
| 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
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| 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 shall | 25 |
| not indicate by word, gesture or intonation of
voice that the | 26 |
| unreturned ballots shall be voted in any particular
manner. No |
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| new voter shall be permitted to enter the voting booth of a
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| voter who has failed to deliver the total number of ballots | 3 |
| received by
him until such voter has returned to the voting | 4 |
| booth pursuant to the
judge's request and again quit the booth | 5 |
| with all of the ballots
required to be returned by him. Upon | 6 |
| receipt of all such ballots the
judges of election shall enter | 7 |
| the name of the voter, and his number, as
above provided in | 8 |
| this Section, and the judge to whom the ballots are
delivered | 9 |
| shall immediately put the ballots into the ballot box. If any
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| voter who has failed to deliver all the ballots received by him | 11 |
| refuses
to return to the voting booth after being advised by | 12 |
| the judge of
election as herein provided, the judge shall | 13 |
| inform the other judges of
such refusal, and thereupon the | 14 |
| ballot or ballots returned to the judge
shall be deposited in | 15 |
| the ballot box, the voter shall be permitted to
depart from the | 16 |
| polling place, and a new voter shall be permitted to
enter the | 17 |
| voting booth.
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| 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".
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| No judge of election shall accept from any voter less than |
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| the full
number of ballots received by such voter without first | 2 |
| 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 provisions | 6 |
| of this Section; provided, that the acceptance by
a judge of | 7 |
| election of less than the full number of ballots delivered to
a | 8 |
| voter who refuses to return to the voting booth after being | 9 |
| properly
advised by such judge shall not be a violation of this | 10 |
| Section.
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| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | 12 |
| 95-699, eff. 11-9-07.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law. |
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