Full Text of HB4100 99th General Assembly
HB4100 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4100 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/17-9 | from Ch. 46, par. 17-9 | 10 ILCS 5/18-5 | from Ch. 46, par. 18-5 | 10 ILCS 5/19A-35 | |
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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. Provides that, in conducting early voting, election judges must verify the identity of the potential voter. Effective immediately.
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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, and 19A-35 as follows: | 6 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
| 7 | | (Text of Section before amendment by P.A. 98-1171 ) | 8 | | Sec. 17-9. Any person desiring to vote shall (i) present to | 9 | | the judges of election for verification of the person's | 10 | | identity his or her Illinois driver's license, his or her | 11 | | non-driver identification card issued by the Illinois | 12 | | Secretary of State, or another government-issued | 13 | | identification document containing his or her photograph and | 14 | | (ii) give his name and, if
required to do so, his residence to | 15 | | the judges of election, one of whom
shall thereupon announce | 16 | | the same in a loud and distinct tone of voice,
clear, and | 17 | | audible; the judges of elections shall check each application
| 18 | | for ballot against the list of voters registered in that | 19 | | precinct to
whom grace period, absentee,
or early
ballots have | 20 | | been issued for that election, which shall be
provided by the | 21 | | election authority and which list shall be available for
| 22 | | inspection by pollwatchers. A voter applying to vote in the
| 23 | | precinct on election day whose name appears on the list as |
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| 1 | | having
been issued a grace period, absentee,
or early
ballot | 2 | | shall not be permitted to vote in the
precinct, except that a | 3 | | voter to whom an absentee ballot was issued may vote in the | 4 | | precinct if the voter submits to the election judges that | 5 | | absentee ballot for cancellation. If the voter is unable to | 6 | | submit the absentee ballot, it shall be sufficient for the | 7 | | voter to submit to the election judges (i) a portion of the | 8 | | absentee ballot if the absentee ballot was torn or mutilated or | 9 | | (ii) an affidavit executed before the election judges | 10 | | specifying that (A) the voter never received an absentee ballot | 11 | | or (B) the voter completed and returned an absentee ballot and | 12 | | was informed that the election authority did not receive that | 13 | | absentee ballot. All applicable provisions of Articles
4, 5 or | 14 | | 6 shall be complied with and if such name is found on the | 15 | | register of
voters by the
officer having charge thereof, he | 16 | | shall likewise repeat said name, and
the voter shall be allowed | 17 | | to enter within the proximity of the voting
booths, as above | 18 | | provided. One of the judges shall give the voter one,
and only | 19 | | one of each ballot to be voted at the election, on the back of
| 20 | | which ballots such judge shall indorse his initials in such | 21 | | manner that
they may be seen when each such ballot is properly | 22 | | folded, and the
voter's name shall be immediately checked on | 23 | | the register list. In those
election jurisdictions where | 24 | | perforated ballot cards are utilized of the
type on which | 25 | | write-in votes can be cast above the perforation, the election
| 26 | | authority shall provide a space both above and below the |
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| 1 | | perforation for
the judge's initials, and the judge shall | 2 | | endorse his or her initials in
both spaces. Whenever
a proposal | 3 | | for a constitutional amendment or for the calling of a
| 4 | | constitutional convention is to be voted upon at the election, | 5 | | the
separate blue ballot or ballots pertaining thereto shall, | 6 | | when being
handed to the voter, be placed on top of the other | 7 | | ballots to be voted
at the election in such manner that the | 8 | | legend appearing on the back
thereof, as prescribed in Section | 9 | | 16-6 of this Act, shall be plainly
visible to the voter. At all | 10 | | elections, when a registry may be
required, if the name of any | 11 | | person so desiring to vote at such election
is not found on the | 12 | | register of voters, he or she shall not receive a ballot
until | 13 | | he or she shall have complied with the law prescribing the | 14 | | manner and
conditions of voting by unregistered voters. If any | 15 | | person desiring to
vote at any election shall be challenged, he | 16 | | or she shall not receive a ballot
until he or she shall have | 17 | | established his right to vote in the manner provided
| 18 | | hereinafter; and if he or she shall be challenged after he has | 19 | | received his
ballot, he shall not be permitted to vote until he | 20 | | or she has fully complied
with such requirements of the law | 21 | | upon being challenged. Besides the
election officer, not more | 22 | | than 2 voters in excess of the whole number
of voting booths | 23 | | provided shall be allowed within the proximity of the voting
| 24 | | booths at one
time. The provisions of this Act, so far as they | 25 | | require the
registration of voters as a condition to their | 26 | | being allowed to vote
shall not apply to persons otherwise |
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| 1 | | entitled to vote, who are, at the
time of the election, or at | 2 | | any time within 60 days prior to such
election have been | 3 | | engaged in the military or naval service of the
United States, | 4 | | and who appear personally at the polling place on
election day | 5 | | and produce to the judges of election satisfactory evidence
| 6 | | thereof, but such persons, if otherwise qualified to vote, | 7 | | shall be
permitted to vote at such election without previous | 8 | | registration.
| 9 | | All such persons shall also make an affidavit which shall | 10 | | be in
substantially the following form:
| 11 | | State of Illinois,)
| 12 | | ) ss.
| 13 | | County of ........)
| 14 | | ............... Precinct .......... Ward
| 15 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 16 | | of the
United States, of the age of 18 years or over, and that | 17 | | within the past
60 days prior to the date of this election at | 18 | | which I am applying to
vote, I have been engaged in the .... | 19 | | (military or naval) service of the
United States; and I am | 20 | | qualified to vote under and by virtue of the
Constitution and | 21 | | laws of the State of Illinois, and that I am a legally
| 22 | | qualified voter of this precinct and ward except that I have, | 23 | | because of
such service, been unable to register as a voter; | 24 | | that I now reside at
.... (insert street and number, if any) in | 25 | | this precinct and ward; that I
have maintained a legal | 26 | | residence in this precinct and ward for 30 days
and in this |
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| 1 | | State 30 days next preceding this election.
| 2 | | .........................
| 3 | | Subscribed and sworn to before me on (insert date).
| 4 | | .........................
| 5 | | Judge of Election.
| 6 | | The affidavit of any such person shall be supported by the | 7 | | affidavit
of a resident and qualified voter of any such | 8 | | precinct and ward, which
affidavit shall be in substantially | 9 | | the following form:
| 10 | | State of Illinois,)
| 11 | | ) ss.
| 12 | | County of ........)
| 13 | | ........... Precinct ........... Ward
| 14 | | I, ...., do solemnly swear (or affirm), that I am a | 15 | | resident of this
precinct and ward and entitled to vote at this | 16 | | election; that I am
acquainted with .... (name of the | 17 | | applicant); that I verily believe him
to be an actual bona fide | 18 | | resident of this precinct and ward and that I
verily believe | 19 | | that he or she has maintained a legal residence therein 30 days
| 20 | | and in this State 30 days next preceding this election.
| 21 | | .........................
| 22 | | Subscribed and sworn to before me on (insert date).
| 23 | | .........................
| 24 | | Judge of Election.
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| 1 | | All affidavits made under the provisions of this Section | 2 | | shall be
enclosed in a separate envelope securely sealed, and | 3 | | shall be
transmitted with the returns of the elections to the | 4 | | county clerk or to
the board of election commissioners, who | 5 | | shall preserve the said
affidavits for the period of 6 months, | 6 | | during which period such
affidavits shall be deemed public | 7 | | records and shall be freely open to
examination as such.
| 8 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 9 | | (Text of Section after amendment by P.A. 98-1171 ) | 10 | | Sec. 17-9. Any person desiring to vote shall (i) present to | 11 | | the judges of election for verification of the person's | 12 | | identity his or her Illinois driver's license, his or her | 13 | | non-driver identification card issued by the Illinois | 14 | | Secretary of State, or another government-issued | 15 | | identification document containing his or her photograph and | 16 | | (ii) give his name and, if
required to do so, his residence to | 17 | | the judges of election, one of whom
shall thereupon announce | 18 | | the same in a loud and distinct tone of voice,
clear, and | 19 | | audible; the judges of elections shall check each application
| 20 | | for ballot against the list of voters registered in that | 21 | | precinct to
whom grace period, vote by mail,
or early
ballots | 22 | | have been issued for that election, which shall be
provided by | 23 | | the election authority and which list shall be available for
| 24 | | inspection by pollwatchers. A voter applying to vote in the
| 25 | | precinct on election day whose name appears on the list as |
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| 1 | | having
been issued a grace period, vote by mail,
or early
| 2 | | ballot shall not be permitted to vote in the
precinct, except | 3 | | that a voter to whom a vote by mail ballot was issued may vote | 4 | | in the precinct if the voter submits to the election judges | 5 | | that vote by mail ballot for cancellation. If the voter is | 6 | | unable to submit the vote by mail ballot, it shall be | 7 | | sufficient for the voter to submit to the election judges (i) a | 8 | | portion of the vote by mail ballot if the vote by mail ballot | 9 | | was torn or mutilated or (ii) an affidavit executed before the | 10 | | election judges specifying that (A) the voter never received a | 11 | | vote by mail ballot or (B) the voter completed and returned a | 12 | | vote by mail ballot and was informed that the election | 13 | | authority did not receive that vote by mail ballot. All | 14 | | applicable provisions of Articles
4, 5 or 6 shall be complied | 15 | | with and if such name is found on the register of
voters by the
| 16 | | officer having charge thereof, he shall likewise repeat said | 17 | | name, and
the voter shall be allowed to enter within the | 18 | | proximity of the voting
booths, as above provided. One of the | 19 | | judges shall give the voter one,
and only one of each ballot to | 20 | | be voted at the election, on the back of
which ballots such | 21 | | judge shall indorse his initials in such manner that
they may | 22 | | be seen when each such ballot is properly folded, and the
| 23 | | voter's name shall be immediately checked on the register list. | 24 | | In those
election jurisdictions where perforated ballot cards | 25 | | are utilized of the
type on which write-in votes can be cast | 26 | | above the perforation, the election
authority shall provide a |
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| 1 | | space both above and below the perforation for
the judge's | 2 | | initials, and the judge shall endorse his or her initials in
| 3 | | both spaces. Whenever
a proposal for a constitutional amendment | 4 | | or for the calling of a
constitutional convention is to be | 5 | | voted upon at the election, the
separate blue ballot or ballots | 6 | | pertaining thereto shall, when being
handed to the voter, be | 7 | | placed on top of the other ballots to be voted
at the election | 8 | | in such manner that the legend appearing on the back
thereof, | 9 | | as prescribed in Section 16-6 of this Act, shall be plainly
| 10 | | visible to the voter. At all elections, when a registry may be
| 11 | | required, if the name of any person so desiring to vote at such | 12 | | election
is not found on the register of voters, he or she | 13 | | shall not receive a ballot
until he or she shall have complied | 14 | | with the law prescribing the manner and
conditions of voting by | 15 | | unregistered voters. If any person desiring to
vote at any | 16 | | election shall be challenged, he or she shall not receive a | 17 | | ballot
until he or she shall have established his right to vote | 18 | | in the manner provided
hereinafter; and if he or she shall be | 19 | | challenged after he has received his
ballot, he shall not be | 20 | | permitted to vote until he or she has fully complied
with such | 21 | | requirements of the law upon being challenged. Besides the
| 22 | | election officer, not more than 2 voters in excess of the whole | 23 | | number
of voting booths provided shall be allowed within the | 24 | | proximity of the voting
booths at one
time. The provisions of | 25 | | this Act, so far as they require the
registration of voters as | 26 | | a condition to their being allowed to vote
shall not apply to |
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| 1 | | persons otherwise entitled to vote, who are, at the
time of the | 2 | | election, or at any time within 60 days prior to such
election | 3 | | have been engaged in the military or naval service of the
| 4 | | United States, and who appear personally at the polling place | 5 | | on
election day and produce to the judges of election | 6 | | satisfactory evidence
thereof, but such persons, if otherwise | 7 | | qualified to vote, shall be
permitted to vote at such election | 8 | | without previous registration.
| 9 | | All such persons shall also make an affidavit which shall | 10 | | be in
substantially the following form:
| 11 | | State of Illinois,)
| 12 | | ) ss.
| 13 | | County of ........)
| 14 | | ............... Precinct .......... Ward
| 15 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 16 | | of the
United States, of the age of 18 years or over, and that | 17 | | within the past
60 days prior to the date of this election at | 18 | | which I am applying to
vote, I have been engaged in the .... | 19 | | (military or naval) service of the
United States; and I am | 20 | | qualified to vote under and by virtue of the
Constitution and | 21 | | laws of the State of Illinois, and that I am a legally
| 22 | | qualified voter of this precinct and ward except that I have, | 23 | | because of
such service, been unable to register as a voter; | 24 | | that I now reside at
.... (insert street and number, if any) in | 25 | | this precinct and ward; that I
have maintained a legal | 26 | | residence in this precinct and ward for 30 days
and in this |
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| 1 | | State 30 days next preceding this election.
| 2 | | .........................
| 3 | | Subscribed and sworn to before me on (insert date).
| 4 | | .........................
| 5 | | Judge of Election.
| 6 | | The affidavit of any such person shall be supported by the | 7 | | affidavit
of a resident and qualified voter of any such | 8 | | precinct and ward, which
affidavit shall be in substantially | 9 | | the following form:
| 10 | | State of Illinois,)
| 11 | | ) ss.
| 12 | | County of ........)
| 13 | | ........... Precinct ........... Ward
| 14 | | I, ...., do solemnly swear (or affirm), that I am a | 15 | | resident of this
precinct and ward and entitled to vote at this | 16 | | election; that I am
acquainted with .... (name of the | 17 | | applicant); that I verily believe him
to be an actual bona fide | 18 | | resident of this precinct and ward and that I
verily believe | 19 | | that he or she has maintained a legal residence therein 30 days
| 20 | | and in this State 30 days next preceding this election.
| 21 | | .........................
| 22 | | Subscribed and sworn to before me on (insert date).
| 23 | | .........................
| 24 | | Judge of Election.
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| 1 | | All affidavits made under the provisions of this Section | 2 | | shall be
enclosed in a separate envelope securely sealed, and | 3 | | shall be
transmitted with the returns of the elections to the | 4 | | county clerk or to
the board of election commissioners, who | 5 | | shall preserve the said
affidavits for the period of 6 months, | 6 | | during which period such
affidavits shall be deemed public | 7 | | records and shall be freely open to
examination as such.
| 8 | | (Source: P.A. 98-1171, eff. 6-1-15.)
| 9 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| 10 | | (Text of Section before amendment by P.A. 98-1171 ) | 11 | | Sec. 18-5. Any person desiring to vote and whose name is | 12 | | found upon
the register of voters by the person having charge | 13 | | thereof, shall (i) present to the judges of election for | 14 | | verification of the person's identity his or her Illinois | 15 | | driver's license, his or her non-driver identification card | 16 | | issued by the Illinois Secretary of State, or another | 17 | | government-issued identification document containing his or | 18 | | her photograph, (ii) then
be questioned by one of the judges as | 19 | | to his nativity, his term of
residence at present address, | 20 | | precinct, State and United States, his
age, whether naturalized | 21 | | and if so the date of naturalization papers and
court from | 22 | | which secured, and (iii) he shall be asked to state his | 23 | | residence
when last previously registered and the date of the | 24 | | election for which
he then registered. The judges of elections | 25 | | shall check each application
for ballot against the list of |
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| 1 | | voters registered in that precinct to whom
grace period, | 2 | | absentee, and early ballots have been issued for that election, | 3 | | which shall
be provided
by the election authority and which | 4 | | list shall be available for inspection
by pollwatchers. A voter | 5 | | applying to vote in
the precinct on
election day whose name | 6 | | appears on the list as having been issued a grace period, | 7 | | absentee,
or early ballot shall not be permitted to vote in the | 8 | | precinct, except that a voter to whom an absentee ballot was | 9 | | issued may vote in the precinct if the voter submits to the | 10 | | election judges that absentee ballot for cancellation. If the | 11 | | voter is unable to submit the absentee ballot, it shall be | 12 | | sufficient for the voter to submit to the election judges (i) a | 13 | | portion of the absentee ballot if the absentee ballot was torn | 14 | | or mutilated or (ii) an affidavit executed before the election | 15 | | judges specifying that (A) the voter never received an absentee | 16 | | ballot or (B) the voter completed and returned an absentee | 17 | | ballot and was informed that the election authority did not | 18 | | receive that absentee ballot.
If such person
so registered | 19 | | shall be challenged as disqualified, the party challenging
| 20 | | shall assign his reasons therefor, and thereupon one of the | 21 | | judges shall
administer to him an oath to answer questions, and | 22 | | if he shall take the
oath he shall then be questioned by the | 23 | | judge or judges touching such cause
of challenge, and touching | 24 | | any other cause of disqualification. And he may
also be | 25 | | questioned by the person challenging him in regard to his
| 26 | | qualifications and identity. But if a majority of the judges |
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| 1 | | are of the
opinion that he is the person so registered and a | 2 | | qualified voter, his vote
shall then be received accordingly. | 3 | | But if his vote be rejected by such
judges, such person may | 4 | | afterward produce and deliver an affidavit to such
judges, | 5 | | subscribed and sworn to by him before one of the judges, in | 6 | | which
it shall be stated how long he has resided in such | 7 | | precinct, and state;
that he is a citizen of the United States, | 8 | | and is a duly qualified voter in
such precinct, and that he is | 9 | | the identical person so registered.
In addition to such an | 10 | | affidavit, the person so challenged shall provide
to the judges | 11 | | of election proof of residence by producing 2 forms of
| 12 | | identification showing the person's current residence address, | 13 | | provided
that such identification may include a lease or | 14 | | contract for a residence and not more than one piece of mail | 15 | | addressed to the person at his current residence address and
| 16 | | postmarked not earlier than 30 days prior to the date of the
| 17 | | election, or the person shall procure a witness personally | 18 | | known to the
judges of election, and resident in the precinct | 19 | | (or district), or who
shall be proved by some legal voter of | 20 | | such precinct or district, known to
the judges to be such, who | 21 | | shall take the oath following, viz:
| 22 | | I do solemnly swear (or affirm) that I am a resident of | 23 | | this election
precinct (or district), and entitled to vote at | 24 | | this election, and that I
have been a resident of this State | 25 | | for 30 days last past, and am well
acquainted with the person | 26 | | whose vote is now offered; that he is an actual
and bona fide |
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| 1 | | resident of this election precinct (or district), and has
| 2 | | resided herein 30 days, and as I verily believe, in this State, | 3 | | 30 days
next preceding this election.
| 4 | | The oath in each case may be administered by one of the | 5 | | judges of
election, or by any officer, resident in the precinct | 6 | | or district,
authorized by law to administer oaths. Also | 7 | | supported by an affidavit by a
registered voter residing in | 8 | | such precinct, stating his own residence, and
that he knows | 9 | | such person; and that he does reside at the place mentioned
and | 10 | | has resided in such precinct and state for the length of time | 11 | | as stated
by such person, which shall be subscribed and sworn | 12 | | to in the same way.
For purposes of this Section, the | 13 | | submission of a photo identification issued by a college or | 14 | | university, accompanied by either (i) a copy of the applicant's | 15 | | contract or lease for a residence or (ii) one piece of mail | 16 | | addressed to the person at his or her current residence address | 17 | | and postmarked not earlier than 30 days prior to the date of | 18 | | the election, shall be sufficient to establish proof of | 19 | | residence. Whereupon the vote of such person shall be received, | 20 | | and entered as other
votes. But such judges, having charge of | 21 | | such registers, shall state in
their respective books the facts | 22 | | in such case, and the affidavits, so
delivered to the judges, | 23 | | shall be preserved and returned to the office of
the | 24 | | commissioners of election. Blank affidavits of the character | 25 | | aforesaid
shall be sent out to the judges of all the precincts, | 26 | | and the judges of
election shall furnish the same on demand and |
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| 1 | | administer the oaths without
criticism. Such oaths, if | 2 | | administered by any other officer than such judge
of election, | 3 | | shall not be received. Whenever a proposal for a
constitutional | 4 | | amendment or for the calling of a constitutional convention
is | 5 | | to be voted upon at the election, the separate blue ballot or | 6 | | ballots
pertaining thereto shall be placed on top of the other | 7 | | ballots to be voted
at the election in such manner that the | 8 | | legend appearing on the back
thereof, as prescribed in Section | 9 | | 16-6 of this Act, shall be plainly
visible to the voter, and in | 10 | | this fashion the ballots shall be handed to
the voter by the | 11 | | judge.
| 12 | | Immediately after voting, the voter shall be instructed | 13 | | whether the voting equipment, if used, accepted or rejected the | 14 | | ballot or identified the ballot as under-voted. A voter whose | 15 | | ballot is identified as under-voted for a statewide | 16 | | constitutional office may return to the voting booth and | 17 | | complete the voting of that ballot. A voter whose ballot is not | 18 | | accepted by the voting equipment may, upon surrendering the | 19 | | ballot, request and vote another ballot. The voter's | 20 | | surrendered ballot shall be initialed by the election judge and | 21 | | handled as provided in the appropriate Article governing that | 22 | | voting equipment. | 23 | | The voter shall, upon quitting the voting booth, deliver to | 24 | | one of
the judges of election all of the ballots, properly | 25 | | folded, which he
received. The judge of election to whom the | 26 | | voter delivers his ballots
shall not accept the same unless all |
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| 1 | | of the ballots given to the voter
are returned by him. If a | 2 | | voter delivers less than all of the ballots
given to him, the | 3 | | judge to whom the same are offered shall advise him in
a voice | 4 | | clearly audible to the other judges of election that the voter
| 5 | | must return the remainder of the ballots. The statement of the | 6 | | judge to
the voter shall clearly express the fact that the | 7 | | voter is not required
to vote such remaining ballots but that | 8 | | whether or not he votes them he
must fold and deliver them to | 9 | | the judge. In making such statement the
judge of election shall | 10 | | not indicate by word, gesture or intonation of
voice that the | 11 | | unreturned ballots shall be voted in any particular
manner. No | 12 | | new voter shall be permitted to enter the voting booth of a
| 13 | | voter who has failed to deliver the total number of ballots | 14 | | received by
him until such voter has returned to the voting | 15 | | booth pursuant to the
judge's request and again quit the booth | 16 | | with all of the ballots
required to be returned by him. Upon | 17 | | receipt of all such ballots the
judges of election shall enter | 18 | | the name of the voter, and his number, as
above provided in | 19 | | this Section, and the judge to whom the ballots are
delivered | 20 | | shall immediately put the ballots into the ballot box. If any
| 21 | | voter who has failed to deliver all the ballots received by him | 22 | | refuses
to return to the voting booth after being advised by | 23 | | the judge of
election as herein provided, the judge shall | 24 | | inform the other judges of
such refusal, and thereupon the | 25 | | ballot or ballots returned to the judge
shall be deposited in | 26 | | the ballot box, the voter shall be permitted to
depart from the |
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| 1 | | polling place, and a new voter shall be permitted to
enter the | 2 | | voting booth.
| 3 | | The judge of election who receives the ballot or ballots | 4 | | from the
voter shall announce the residence and name of such | 5 | | voter in a loud
voice. The judge shall put the ballot or | 6 | | ballots received from the voter
into the ballot box in the | 7 | | presence of the voter and the judges of
election, and in plain | 8 | | view of the public. The judges having charge of
such registers | 9 | | shall then, in a column prepared thereon, in the same
line of, | 10 | | the name of the voter, mark "Voted" or the letter "V".
| 11 | | No judge of election shall accept from any voter less than | 12 | | the full
number of ballots received by such voter without first | 13 | | advising the
voter in the manner above provided of the | 14 | | necessity of returning all of
the ballots, nor shall any such | 15 | | judge advise such voter in a manner
contrary to that which is | 16 | | herein permitted, or in any other manner
violate the provisions | 17 | | of this Section; provided, that the acceptance by
a judge of | 18 | | election of less than the full number of ballots delivered to
a | 19 | | voter who refuses to return to the voting booth after being | 20 | | properly
advised by such judge shall not be a violation of this | 21 | | Section.
| 22 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 23 | | (Text of Section after amendment by P.A. 98-1171 ) | 24 | | Sec. 18-5. Any person desiring to vote and whose name is | 25 | | found upon
the register of voters by the person having charge |
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| 1 | | thereof, shall (i) present to the judges of election for | 2 | | verification of the person's identity his or her Illinois | 3 | | driver's license, his or her non-driver identification card | 4 | | issued by the Illinois Secretary of State, or another | 5 | | government-issued identification document containing his or | 6 | | her photograph, (ii) then
be questioned by one of the judges as | 7 | | to his nativity, his term of
residence at present address, | 8 | | precinct, State and United States, his
age, whether naturalized | 9 | | and if so the date of naturalization papers and
court from | 10 | | which secured, and (iii) he shall be asked to state his | 11 | | residence
when last previously registered and the date of the | 12 | | election for which
he then registered. The judges of elections | 13 | | shall check each application
for ballot against the list of | 14 | | voters registered in that precinct to whom
grace period, vote | 15 | | by mail, and early ballots have been issued for that election, | 16 | | which shall
be provided
by the election authority and which | 17 | | list shall be available for inspection
by pollwatchers. A voter | 18 | | applying to vote in
the precinct on
election day whose name | 19 | | appears on the list as having been issued a grace period, vote | 20 | | by mail,
or early ballot shall not be permitted to vote in the | 21 | | precinct, except that a voter to whom a vote by mail ballot was | 22 | | issued may vote in the precinct if the voter submits to the | 23 | | election judges that vote by mail ballot for cancellation. If | 24 | | the voter is unable to submit the vote by mail ballot, it shall | 25 | | be sufficient for the voter to submit to the election judges | 26 | | (i) a portion of the vote by mail ballot if the vote by mail |
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| 1 | | ballot was torn or mutilated or (ii) an affidavit executed | 2 | | before the election judges specifying that (A) the voter never | 3 | | received a vote by mail ballot or (B) the voter completed and | 4 | | returned a vote by mail ballot and was informed that the | 5 | | election authority did not receive that vote by mail ballot.
If | 6 | | such person
so registered shall be challenged as disqualified, | 7 | | the party challenging
shall assign his reasons therefor, and | 8 | | thereupon one of the judges shall
administer to him an oath to | 9 | | answer questions, and if he shall take the
oath he shall then | 10 | | be questioned by the judge or judges touching such cause
of | 11 | | challenge, and touching any other cause of disqualification. | 12 | | And he may
also be questioned by the person challenging him in | 13 | | regard to his
qualifications and identity. But if a majority of | 14 | | the judges are of the
opinion that he is the person so | 15 | | registered and a qualified voter, his vote
shall then be | 16 | | received accordingly. But if his vote be rejected by such
| 17 | | judges, such person may afterward produce and deliver an | 18 | | affidavit to such
judges, subscribed and sworn to by him before | 19 | | one of the judges, in which
it shall be stated how long he has | 20 | | resided in such precinct, and state;
that he is a citizen of | 21 | | the United States, and is a duly qualified voter in
such | 22 | | precinct, and that he is the identical person so registered.
In | 23 | | addition to such an affidavit, the person so challenged shall | 24 | | provide
to the judges of election proof of residence by | 25 | | producing 2 forms of
identification showing the person's | 26 | | current residence address, provided
that such identification |
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| 1 | | may include a lease or contract for a residence and not more | 2 | | than one piece of mail addressed to the person at his current | 3 | | residence address and
postmarked not earlier than 30 days prior | 4 | | to the date of the
election, or the person shall procure a | 5 | | witness personally known to the
judges of election, and | 6 | | resident in the precinct (or district), or who
shall be proved | 7 | | by some legal voter of such precinct or district, known to
the | 8 | | judges to be such, who shall take the oath following, viz:
| 9 | | I do solemnly swear (or affirm) that I am a resident of | 10 | | this election
precinct (or district), and entitled to vote at | 11 | | this election, and that I
have been a resident of this State | 12 | | for 30 days last past, and am well
acquainted with the person | 13 | | whose vote is now offered; that he is an actual
and bona fide | 14 | | resident of this election precinct (or district), and has
| 15 | | resided herein 30 days, and as I verily believe, in this State, | 16 | | 30 days
next preceding this election.
| 17 | | The oath in each case may be administered by one of the | 18 | | judges of
election, or by any officer, resident in the precinct | 19 | | or district,
authorized by law to administer oaths. Also | 20 | | supported by an affidavit by a
registered voter residing in | 21 | | such precinct, stating his own residence, and
that he knows | 22 | | such person; and that he does reside at the place mentioned
and | 23 | | has resided in such precinct and state for the length of time | 24 | | as stated
by such person, which shall be subscribed and sworn | 25 | | to in the same way.
For purposes of this Section, the | 26 | | submission of a photo identification issued by a college or |
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| 1 | | university, accompanied by either (i) a copy of the applicant's | 2 | | contract or lease for a residence or (ii) one piece of mail | 3 | | addressed to the person at his or her current residence address | 4 | | and postmarked not earlier than 30 days prior to the date of | 5 | | the election, shall be sufficient to establish proof of | 6 | | residence. Whereupon the vote of such person shall be received, | 7 | | and entered as other
votes. But such judges, having charge of | 8 | | such registers, shall state in
their respective books the facts | 9 | | in such case, and the affidavits, so
delivered to the judges, | 10 | | shall be preserved and returned to the office of
the | 11 | | commissioners of election. Blank affidavits of the character | 12 | | aforesaid
shall be sent out to the judges of all the precincts, | 13 | | and the judges of
election shall furnish the same on demand and | 14 | | administer the oaths without
criticism. Such oaths, if | 15 | | administered by any other officer than such judge
of election, | 16 | | shall not be received. Whenever a proposal for a
constitutional | 17 | | amendment or for the calling of a constitutional convention
is | 18 | | to be voted upon at the election, the separate blue ballot or | 19 | | ballots
pertaining thereto shall be placed on top of the other | 20 | | ballots to be voted
at the election in such manner that the | 21 | | legend appearing on the back
thereof, as prescribed in Section | 22 | | 16-6 of this Act, shall be plainly
visible to the voter, and in | 23 | | this fashion the ballots shall be handed to
the voter by the | 24 | | judge.
| 25 | | Immediately after voting, the voter shall be instructed | 26 | | whether the voting equipment, if used, accepted or rejected the |
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| 1 | | ballot or identified the ballot as under-voted. A voter whose | 2 | | ballot is identified as under-voted for a statewide | 3 | | constitutional office may return to the voting booth and | 4 | | complete the voting of that ballot. A voter whose ballot is not | 5 | | accepted by the voting equipment may, upon surrendering the | 6 | | ballot, request and vote another ballot. The voter's | 7 | | surrendered ballot shall be initialed by the election judge and | 8 | | handled as provided in the appropriate Article governing that | 9 | | voting equipment. | 10 | | The voter shall, upon quitting the voting booth, deliver to | 11 | | one of
the judges of election all of the ballots, properly | 12 | | folded, which he
received. The judge of election to whom the | 13 | | voter delivers his ballots
shall not accept the same unless all | 14 | | of the ballots given to the voter
are returned by him. If a | 15 | | voter delivers less than all of the ballots
given to him, the | 16 | | judge to whom the same are offered shall advise him in
a voice | 17 | | clearly audible to the other judges of election that the voter
| 18 | | must return the remainder of the ballots. The statement of the | 19 | | judge to
the voter shall clearly express the fact that the | 20 | | voter is not required
to vote such remaining ballots but that | 21 | | whether or not he votes them he
must fold and deliver them to | 22 | | the judge. In making such statement the
judge of election shall | 23 | | not indicate by word, gesture or intonation of
voice that the | 24 | | unreturned ballots shall be voted in any particular
manner. No | 25 | | new voter shall be permitted to enter the voting booth of a
| 26 | | voter who has failed to deliver the total number of ballots |
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| 1 | | received by
him until such voter has returned to the voting | 2 | | booth pursuant to the
judge's request and again quit the booth | 3 | | with all of the ballots
required to be returned by him. Upon | 4 | | receipt of all such ballots the
judges of election shall enter | 5 | | the name of the voter, and his number, as
above provided in | 6 | | this Section, and the judge to whom the ballots are
delivered | 7 | | shall immediately put the ballots into the ballot box. If any
| 8 | | voter who has failed to deliver all the ballots received by him | 9 | | refuses
to return to the voting booth after being advised by | 10 | | the judge of
election as herein provided, the judge shall | 11 | | inform the other judges of
such refusal, and thereupon the | 12 | | ballot or ballots returned to the judge
shall be deposited in | 13 | | the ballot box, the voter shall be permitted to
depart from the | 14 | | polling place, and a new voter shall be permitted to
enter the | 15 | | voting booth.
| 16 | | The judge of election who receives the ballot or ballots | 17 | | from the
voter shall announce the residence and name of such | 18 | | voter in a loud
voice. The judge shall put the ballot or | 19 | | ballots received from the voter
into the ballot box in the | 20 | | presence of the voter and the judges of
election, and in plain | 21 | | view of the public. The judges having charge of
such registers | 22 | | shall then, in a column prepared thereon, in the same
line of, | 23 | | the name of the voter, mark "Voted" or the letter "V".
| 24 | | No judge of election shall accept from any voter less than | 25 | | the full
number of ballots received by such voter without first | 26 | | advising the
voter in the manner above provided of the |
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| 1 | | necessity of returning all of
the ballots, nor shall any such | 2 | | judge advise such voter in a manner
contrary to that which is | 3 | | herein permitted, or in any other manner
violate the provisions | 4 | | of this Section; provided, that the acceptance by
a judge of | 5 | | election of less than the full number of ballots delivered to
a | 6 | | voter who refuses to return to the voting booth after being | 7 | | properly
advised by such judge shall not be a violation of this | 8 | | Section.
| 9 | | (Source: P.A. 98-1171, eff. 6-1-15.)
| 10 | | (10 ILCS 5/19A-35)
| 11 | | (Text of Section before amendment by P.A. 98-1171 ) | 12 | | Sec. 19A-35. Procedure for voting.
| 13 | | (a) Not more than 23 days before the start of the election, | 14 | | the county clerk
shall make available to the election official | 15 | | conducting early voting by
personal
appearance a sufficient | 16 | | number of early ballots, envelopes, and printed voting
| 17 | | instruction slips for the use of early voters. The election | 18 | | official shall
receipt for all ballots received and shall | 19 | | return unused or spoiled ballots at
the close of the early | 20 | | voting period to the county clerk and must strictly
account for | 21 | | all ballots received. The ballots delivered to the election
| 22 | | official must include early ballots for each precinct in the | 23 | | election
authority's jurisdiction and must include separate | 24 | | ballots for each political
subdivision conducting an election | 25 | | of officers or a referendum at that
election.
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| 1 | | (b) In conducting early voting under this Article, the | 2 | | election judge or official is
required to verify the signature | 3 | | of the early voter by comparison with the
signature on the
| 4 | | official registration card, and the judge or official must | 5 | | verify (i) the identity
of the applicant, (ii) that the | 6 | | applicant is a registered voter, (iii) the
precinct in which | 7 | | the applicant is registered, and (iv) the proper ballots of
the | 8 | | political subdivision in which the applicant resides and is | 9 | | entitled to
vote before providing an early ballot to the | 10 | | applicant. Except for during the 2014 general election, the | 11 | | applicant's identity must be verified by the applicant's | 12 | | presentation of an Illinois driver's license, a non-driver | 13 | | identification card issued by the Illinois Secretary of State, | 14 | | a photo identification card issued by a university or college, | 15 | | or another government-issued identification document | 16 | | containing the applicant's photograph. The election judge or | 17 | | official
must verify the applicant's registration from the most | 18 | | recent poll list
provided by the
election authority, and if the | 19 | | applicant is not listed on that poll list, by
telephoning the | 20 | | office of the election authority.
| 21 | | (b-5) A person requesting an early voting ballot to whom an | 22 | | absentee ballot was issued may vote early if the person submits | 23 | | that absentee ballot to the judges of election or official | 24 | | conducting early voting for cancellation. If the voter is | 25 | | unable to submit the absentee ballot, it shall be sufficient | 26 | | for the voter to submit to the judges or official (i) a portion |
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| 1 | | of the absentee ballot if the absentee ballot was torn or | 2 | | mutilated or (ii) an affidavit executed before the judges or | 3 | | official specifying that (A) the voter never received an | 4 | | absentee ballot or (B) the voter completed and returned an | 5 | | absentee ballot and was informed that the election authority | 6 | | did not receive that absentee ballot. | 7 | | (b-10) Within one day after a voter casts an early voting | 8 | | ballot, the election authority shall transmit the voter's name, | 9 | | street address, and precinct, ward, township, and district | 10 | | numbers, as the case may be, to the State Board of Elections, | 11 | | which shall maintain those names and that information in an | 12 | | electronic format on its website, arranged by county and | 13 | | accessible to State and local political committees. | 14 | | (b-15) Immediately after voting an early ballot, the voter | 15 | | shall be instructed whether the voting equipment accepted or | 16 | | rejected the ballot or identified that ballot as under-voted | 17 | | for a statewide constitutional office. A voter whose ballot is | 18 | | identified as under-voted may return to the voting booth and | 19 | | complete the voting of that ballot. A voter whose early voting | 20 | | ballot is not accepted by the voting equipment may, upon | 21 | | surrendering the ballot, request and vote another early voting | 22 | | ballot. The voter's surrendered ballot
shall be initialed by | 23 | | the election judge or official conducting the early voting and | 24 | | handled as provided in the appropriate
Article governing the | 25 | | voting equipment used.
| 26 | | (c) The sealed early ballots in their carrier envelope |
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| 1 | | shall be delivered by
the election authority to the central | 2 | | ballot counting location before the close of the
polls on the | 3 | | day of the election.
| 4 | | (Source: P.A. 98-691, eff. 7-1-14.) | 5 | | (Text of Section after amendment by P.A. 98-1171 ) | 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 for | 15 | | all ballots received. The ballots delivered to the election
| 16 | | official must include early ballots for each precinct in the | 17 | | election
authority's jurisdiction and must include separate | 18 | | ballots for each political
subdivision conducting an election | 19 | | 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 | | identity of the applicant, and (iv) the proper ballots of
the | 2 | | political subdivision in which the applicant resides and is | 3 | | entitled to
vote before providing an early ballot to the | 4 | | applicant. The election judge or official
must verify the | 5 | | applicant's registration from the most recent poll list
| 6 | | provided by the
election authority, and if the applicant is not | 7 | | listed on that poll list, by
telephoning the office of the | 8 | | election authority.
| 9 | | (b-5) A person requesting an early voting ballot to whom a | 10 | | vote by mail ballot was issued may vote early if the person | 11 | | submits that vote by mail ballot to the judges of election or | 12 | | official conducting early voting for cancellation. If the voter | 13 | | is unable to submit the vote by mail ballot, it shall be | 14 | | sufficient for the voter to submit to the judges or official | 15 | | (i) a portion of the vote by mail ballot if the vote by mail | 16 | | ballot was torn or mutilated or (ii) an affidavit executed | 17 | | before the judges or official specifying that (A) the voter | 18 | | never received a vote by mail ballot or (B) the voter completed | 19 | | and returned a vote by mail ballot and was informed that the | 20 | | election authority did not receive that vote by mail ballot. | 21 | | (b-10) Within one day after a voter casts an early voting | 22 | | ballot, the election authority shall transmit the voter's name, | 23 | | street address, and precinct, ward, township, and district | 24 | | numbers, as the case may be, to the State Board of Elections, | 25 | | which shall maintain those names and that information in an | 26 | | electronic format on its website, arranged by county and |
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| 1 | | accessible to State and local political committees. | 2 | | (b-15) Immediately after voting an early ballot, the voter | 3 | | shall be instructed whether the voting equipment accepted or | 4 | | rejected the ballot or identified that ballot as under-voted | 5 | | for a statewide constitutional office. A voter whose ballot is | 6 | | identified as under-voted may return to the voting booth and | 7 | | complete the voting of that ballot. A voter whose early voting | 8 | | ballot is not accepted by the voting equipment may, upon | 9 | | surrendering the ballot, request and vote another early voting | 10 | | ballot. The voter's surrendered ballot
shall be initialed by | 11 | | the election judge or official conducting the early voting and | 12 | | handled as provided in the appropriate
Article governing the | 13 | | voting equipment used.
| 14 | | (c) The sealed early ballots in their carrier envelope | 15 | | shall be delivered by
the election authority to the central | 16 | | ballot counting location before the close of the
polls on the | 17 | | day of the election.
| 18 | | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
| 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act. |
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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