Full Text of HB0750 100th General Assembly
HB0750 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0750 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1-14 new | | 10 ILCS 5/3-7 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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 3-7 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 3-7. 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 how | 21 | | to issue the Voter Identification Card to those individuals who | 22 | | do not have an acceptable form of photo identification as | 23 | | defined in Section 3-7. |
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| 1 | | (c) Application for the Voter Identification Card. Within a | 2 | | reasonable time after the effective date of this amendatory Act | 3 | | of the 100th General Assembly, the Secretary of State shall | 4 | | provide application forms for the Voter Identification Card. | 5 | | Any registered voter who meets the criteria set forth in this | 6 | | Section and who provides the proper documentation required | 7 | | under subsection (d) shall receive a Voter Identification Card. | 8 | | (d) Documentation required. The Secretary of State shall | 9 | | require the presentation and verification of the following | 10 | | information for issuance of a Voter Registration Card: | 11 | | (1) A photo identity document, except that a non-photo | 12 | | identity document, as defined in subsection (e), is | 13 | | acceptable if it includes both the applicant's name and | 14 | | date of birth. | 15 | | (2) Documentation showing the applicant's date of | 16 | | birth. | 17 | | (3) Evidence of voter registration. | 18 | | (4) Documentation, as defined in subsection (f), | 19 | | showing the applicant's name and principal residence | 20 | | address. | 21 | | (e) Non-photo identity document. A non-photo identity | 22 | | document must include the applicant's name and date of birth. | 23 | | Any of the following shall constitute a non-photo identity | 24 | | document in lieu of a photo identity document: | 25 | | (1) An original birth certificate or certified copy of | 26 | | a birth certificate. |
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| 1 | | (2) A voter registration card. | 2 | | (3) A copy of records filed in court by the applicant | 3 | | or on behalf of the applicant by the applicant's counsel. | 4 | | (4) A naturalization document. | 5 | | (5) A copy of the applicant's marriage license. | 6 | | (6) A copy of the State or federal tax return filed by | 7 | | the applicant for the previous calendar year. | 8 | | (7) An original of the annual Social Security statement | 9 | | received by the applicant for the current or preceding | 10 | | calendar year. | 11 | | (8) An original of a Medicare or Medicaid statement | 12 | | received by the applicant. | 13 | | (9) A certified school record or transcript for the | 14 | | current or preceding calendar year. | 15 | | (f) Documentation of name and address. Any of the following | 16 | | documents shall be acceptable as documentation of the | 17 | | applicant's name and current address: | 18 | | (1) A voter registration card. | 19 | | (2) A utility bill or cable bill. | 20 | | (3) A bank statement issued within the last 60 days. | 21 | | (4) A valid and current rental agreement. | 22 | | (5) A copy of the State or federal tax return filed by | 23 | | the applicant for the previous calendar year. | 24 | | (6) A homeowner's insurance policy or bill for the | 25 | | current or preceding year. | 26 | | (7) A mortgage, deed, or property tax bill for the |
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| 1 | | current or preceding year. | 2 | | (8) A W-2 for the preceding calendar year. | 3 | | (g) Exemptions. Voters who are indigent and unable to | 4 | | obtain a Voter Identification Card without a fee and voters who | 5 | | have a religious objection to being photographed may vote a | 6 | | provisional ballot and sign an affidavit that indicates one of | 7 | | the exemptions stated in this subsection. An indigent person is | 8 | | defined as an individual whose income is 125% or less of | 9 | | current federal poverty income guidelines. | 10 | | (10 ILCS 5/3-7 new) | 11 | | Sec. 3-7. Acceptable forms of photo identification for | 12 | | voting purposes. As used in this Code, acceptable forms of | 13 | | photo identification for voting purposes include: | 14 | | (1) An Illinois Driver's License. | 15 | | (2) A State Identification Card. | 16 | | (3) An Illinois Disabled Person Identification Card. | 17 | | (4) A Senior Citizen Identification Card. | 18 | | (5) A FOID Card. | 19 | | (6) A U.S. Passport with the voter's current address. | 20 | | (7) Any other government-issued identification card | 21 | | that includes the voter's name, current photograph, and | 22 | | current address. | 23 | | All photo identification cards must be valid and current. | 24 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
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| 1 | | Sec. 17-9. Any person desiring to vote shall (i) present to | 2 | | the judges of election for verification of the person's | 3 | | identity a government-issued photo identification card, as | 4 | | defined in Section 3-7, or his or her Voter Identification Card | 5 | | and (ii) give his name and, if
required to do so, his residence | 6 | | to the judges of election, one of whom
shall thereupon announce | 7 | | the same in a loud and distinct tone of voice,
clear, and | 8 | | audible; the judges of elections shall check each application
| 9 | | for ballot against the list of voters registered in that | 10 | | precinct to
whom grace period, vote by mail,
or early
ballots | 11 | | have been issued for that election, which shall be
provided by | 12 | | the election authority and which list shall be available for
| 13 | | inspection by pollwatchers. A voter applying to vote in the
| 14 | | precinct on election day whose name appears on the list as | 15 | | having
been issued a grace period, vote by mail,
or early
| 16 | | ballot shall not be permitted to vote in the
precinct, except | 17 | | that a voter to whom a vote by mail ballot was issued may vote | 18 | | in the precinct if the voter submits to the election judges | 19 | | that vote by mail ballot for cancellation. If the voter is | 20 | | unable to submit the vote by mail ballot, it shall be | 21 | | sufficient for the voter to submit to the election judges (i) a | 22 | | portion of the vote by mail ballot if the vote by mail ballot | 23 | | was torn or mutilated or (ii) an affidavit executed before the | 24 | | election judges specifying that (A) the voter never received a | 25 | | vote by mail ballot or (B) the voter completed and returned a | 26 | | vote by mail ballot and was informed that the election |
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| 1 | | authority did not receive that vote by mail ballot. All | 2 | | applicable provisions of Articles
4, 5 or 6 shall be complied | 3 | | with and if such name is found on the register of
voters by the
| 4 | | officer having charge thereof, he shall likewise repeat said | 5 | | name, and
the voter shall be allowed to enter within the | 6 | | proximity of the voting
booths, as above provided. One of the | 7 | | judges shall give the voter one,
and only one of each ballot to | 8 | | be voted at the election, on the back of
which ballots such | 9 | | judge shall indorse his initials in such manner that
they may | 10 | | be seen when each such ballot is properly folded, and the
| 11 | | voter's name shall be immediately checked on the register list. | 12 | | In those
election jurisdictions where perforated ballot cards | 13 | | are utilized of the
type on which write-in votes can be cast | 14 | | above the perforation, the election
authority shall provide a | 15 | | space both above and below the perforation for
the judge's | 16 | | initials, and the judge shall endorse his or her initials in
| 17 | | both spaces. Whenever
a proposal for a constitutional amendment | 18 | | or for the calling of a
constitutional convention is to be | 19 | | voted upon at the election, the
separate blue ballot or ballots | 20 | | pertaining thereto shall, when being
handed to the voter, be | 21 | | placed on top of the other ballots to be voted
at the election | 22 | | in such manner that the legend appearing on the back
thereof, | 23 | | as prescribed in Section 16-6 of this Act, shall be plainly
| 24 | | visible to the voter. At all elections, when a registry may be
| 25 | | required, if the name of any person so desiring to vote at such | 26 | | election
is not found on the register of voters, he or she |
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| 1 | | shall not receive a ballot
until he or she shall have complied | 2 | | with the law prescribing the manner and
conditions of voting by | 3 | | unregistered voters. If any person desiring to
vote at any | 4 | | election shall be challenged, he or she shall not receive a | 5 | | ballot
until he or she shall have established his right to vote | 6 | | in the manner provided
hereinafter; and if he or she shall be | 7 | | challenged after he has received his
ballot, he shall not be | 8 | | permitted to vote until he or she has fully complied
with such | 9 | | requirements of the law upon being challenged. Besides the
| 10 | | election officer, not more than 2 voters in excess of the whole | 11 | | number
of voting booths provided shall be allowed within the | 12 | | proximity of the voting
booths at one
time. The provisions of | 13 | | this Act, so far as they require the
registration of voters as | 14 | | a condition to their being allowed to vote
shall not apply to | 15 | | persons otherwise entitled to vote, who are, at the
time of the | 16 | | election, or at any time within 60 days prior to such
election | 17 | | have been engaged in the military or naval service of the
| 18 | | United States, and who appear personally at the polling place | 19 | | on
election day and produce to the judges of election | 20 | | satisfactory evidence
thereof, but such persons, if otherwise | 21 | | qualified to vote, shall be
permitted to vote at such election | 22 | | without previous registration.
| 23 | | All such persons shall also make an affidavit which shall | 24 | | be in
substantially the following form:
| 25 | | State of Illinois,)
| 26 | | ) ss.
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| 1 | | County of ........)
| 2 | | ............... Precinct .......... Ward
| 3 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 4 | | of the
United States, of the age of 18 years or over, and that | 5 | | within the past
60 days prior to the date of this election at | 6 | | which I am applying to
vote, I have been engaged in the .... | 7 | | (military or naval) service of the
United States; and I am | 8 | | qualified to vote under and by virtue of the
Constitution and | 9 | | laws of the State of Illinois, and that I am a legally
| 10 | | qualified voter of this precinct and ward except that I have, | 11 | | because of
such service, been unable to register as a voter; | 12 | | that I now reside at
.... (insert street and number, if any) in | 13 | | this precinct and ward; that I
have maintained a legal | 14 | | residence in this precinct and ward for 30 days
and in this | 15 | | State 30 days next preceding this election.
| 16 | | .........................
| 17 | | Subscribed and sworn to before me on (insert date).
| 18 | | .........................
| 19 | | Judge of Election.
| 20 | | The affidavit of any such person shall be supported by the | 21 | | affidavit
of a resident and qualified voter of any such | 22 | | precinct and ward, which
affidavit shall be in substantially | 23 | | the following form:
| 24 | | State of Illinois,)
| 25 | | ) ss.
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| 1 | | County of ........)
| 2 | | ........... Precinct ........... Ward
| 3 | | I, ...., do solemnly swear (or affirm), that I am a | 4 | | resident of this
precinct and ward and entitled to vote at this | 5 | | election; that I am
acquainted with .... (name of the | 6 | | applicant); that I verily believe him
to be an actual bona fide | 7 | | resident of this precinct and ward and that I
verily believe | 8 | | that he or she has maintained a legal residence therein 30 days
| 9 | | and in this State 30 days next preceding this election.
| 10 | | .........................
| 11 | | Subscribed and sworn to before me on (insert date).
| 12 | | .........................
| 13 | | Judge of Election.
| 14 | | All affidavits made under the provisions of this Section | 15 | | shall be
enclosed in a separate envelope securely sealed, and | 16 | | shall be
transmitted with the returns of the elections to the | 17 | | county clerk or to
the board of election commissioners, who | 18 | | shall preserve the said
affidavits for the period of 6 months, | 19 | | during which period such
affidavits shall be deemed public | 20 | | records and shall be freely open to
examination as such.
| 21 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 22 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| 23 | | Sec. 18-5. Any person desiring to vote and whose name is | 24 | | 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 a government-issued | 3 | | photo identification card, as defined in Section 3-7, or his or | 4 | | her Voter Identification Card, (ii) shall then
be questioned by | 5 | | one of the judges as to his nativity, his term of
residence at | 6 | | present address, precinct, State and United States, his
age, | 7 | | whether naturalized and if so the date of naturalization papers | 8 | | and
court from which secured, and (iii) he shall be asked to | 9 | | state his residence
when last previously registered and the | 10 | | date of the election for which
he then registered. The judges | 11 | | of elections shall check each application
for ballot against | 12 | | the list of voters registered in that precinct to whom
grace | 13 | | period, vote by mail, and early ballots have been issued for | 14 | | that election, which shall
be provided
by the election | 15 | | authority and which list shall be available for inspection
by | 16 | | pollwatchers. A voter applying to vote in
the precinct on
| 17 | | election day whose name appears on the list as having been | 18 | | issued a grace period, vote by mail,
or early ballot shall not | 19 | | be permitted to vote in the precinct, except that a voter to | 20 | | whom a vote by mail ballot was issued may vote in the precinct | 21 | | if the voter submits to the election judges that vote by mail | 22 | | ballot for cancellation. If the voter is unable to submit the | 23 | | vote by mail ballot, it shall be sufficient for the voter to | 24 | | submit to the election judges (i) a portion of the vote by mail | 25 | | ballot if the vote by mail ballot was torn or mutilated or (ii) | 26 | | an affidavit executed before the election judges specifying |
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| 1 | | that (A) the voter never received a vote by mail ballot or (B) | 2 | | the voter completed and returned a vote by mail ballot and was | 3 | | informed that the election authority did not receive that vote | 4 | | by mail ballot.
If such person
so registered shall be | 5 | | challenged as disqualified, the party challenging
shall assign | 6 | | his reasons therefor, and thereupon one of the judges shall
| 7 | | administer to him an oath to answer questions, and if he shall | 8 | | take the
oath he shall then be questioned by the judge or | 9 | | judges touching such cause
of challenge, and touching any other | 10 | | cause of disqualification. And he may
also be questioned by the | 11 | | person challenging him in regard to his
qualifications and | 12 | | identity. But if a majority of the judges are of the
opinion | 13 | | that he is the person so registered and a qualified voter, his | 14 | | vote
shall then be received accordingly. But if his vote be | 15 | | rejected by such
judges, such person may afterward produce and | 16 | | deliver an affidavit to such
judges, subscribed and sworn to by | 17 | | him before one of the judges, in which
it shall be stated how | 18 | | long he has resided in such precinct, and state;
that he is a | 19 | | citizen of the United States, and is a duly qualified voter in
| 20 | | such precinct, and that he is the identical person so | 21 | | registered.
In addition to such an affidavit, the person so | 22 | | challenged shall provide
to the judges of election proof of | 23 | | residence by producing 2 forms of
identification showing the | 24 | | person's current residence address, provided
that such | 25 | | identification may include a lease or contract for a residence | 26 | | and not more than one piece of mail addressed to the person at |
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| 1 | | his current residence address and
postmarked not earlier than | 2 | | 30 days prior to the date of the
election, or the person shall | 3 | | procure a witness personally known to the
judges of election, | 4 | | and resident in the precinct (or district), or who
shall be | 5 | | proved by some legal voter of such precinct or district, known | 6 | | to
the judges to be such, who shall take the oath following, | 7 | | viz:
| 8 | | I do solemnly swear (or affirm) that I am a resident of | 9 | | this election
precinct (or district), and entitled to vote at | 10 | | this election, and that I
have been a resident of this State | 11 | | for 30 days last past, and am well
acquainted with the person | 12 | | whose vote is now offered; that he is an actual
and bona fide | 13 | | resident of this election precinct (or district), and has
| 14 | | resided herein 30 days, and as I verily believe, in this State, | 15 | | 30 days
next preceding this election.
| 16 | | The oath in each case may be administered by one of the | 17 | | judges of
election, or by any officer, resident in the precinct | 18 | | or district,
authorized by law to administer oaths. Also | 19 | | supported by an affidavit by a
registered voter residing in | 20 | | such precinct, stating his own residence, and
that he knows | 21 | | such person; and that he does reside at the place mentioned
and | 22 | | has resided in such precinct and state for the length of time | 23 | | as stated
by such person, which shall be subscribed and sworn | 24 | | to in the same way.
For purposes of this Section, the | 25 | | submission of a photo identification issued by a college or | 26 | | university, accompanied by either (i) a copy of the applicant's |
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| 1 | | contract or lease for a residence or (ii) one piece of mail | 2 | | addressed to the person at his or her current residence address | 3 | | and postmarked not earlier than 30 days prior to the date of | 4 | | the election, shall be sufficient to establish proof of | 5 | | residence. Whereupon the vote of such person shall be received, | 6 | | and entered as other
votes. But such judges, having charge of | 7 | | such registers, shall state in
their respective books the facts | 8 | | in such case, and the affidavits, so
delivered to the judges, | 9 | | shall be preserved and returned to the office of
the | 10 | | commissioners of election. Blank affidavits of the character | 11 | | aforesaid
shall be sent out to the judges of all the precincts, | 12 | | and the judges of
election shall furnish the same on demand and | 13 | | administer the oaths without
criticism. Such oaths, if | 14 | | administered by any other officer than such judge
of election, | 15 | | shall not be received. Whenever a proposal for a
constitutional | 16 | | amendment or for the calling of a constitutional convention
is | 17 | | to be voted upon at the election, the separate blue ballot or | 18 | | ballots
pertaining thereto shall be placed on top of the other | 19 | | ballots to be voted
at the election in such manner that the | 20 | | legend appearing on the back
thereof, as prescribed in Section | 21 | | 16-6 of this Act, shall be plainly
visible to the voter, and in | 22 | | this fashion the ballots shall be handed to
the voter by the | 23 | | judge.
| 24 | | Immediately after voting, the voter shall be instructed | 25 | | whether the voting equipment, if used, accepted or rejected the | 26 | | ballot or identified the ballot as under-voted. A voter whose |
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| 1 | | ballot is identified as under-voted for a statewide | 2 | | constitutional office may return to the voting booth and | 3 | | complete the voting of that ballot. A voter whose ballot is not | 4 | | accepted by the voting equipment may, upon surrendering the | 5 | | ballot, request and vote another ballot. The voter's | 6 | | surrendered ballot shall be initialed by the election judge and | 7 | | handled as provided in the appropriate Article governing that | 8 | | voting equipment. | 9 | | The voter shall, upon quitting the voting booth, deliver to | 10 | | one of
the judges of election all of the ballots, properly | 11 | | folded, which he
received. The judge of election to whom the | 12 | | voter delivers his ballots
shall not accept the same unless all | 13 | | of the ballots given to the voter
are returned by him. If a | 14 | | voter delivers less than all of the ballots
given to him, the | 15 | | judge to whom the same are offered shall advise him in
a voice | 16 | | clearly audible to the other judges of election that the voter
| 17 | | must return the remainder of the ballots. The statement of the | 18 | | judge to
the voter shall clearly express the fact that the | 19 | | voter is not required
to vote such remaining ballots but that | 20 | | whether or not he votes them he
must fold and deliver them to | 21 | | the judge. In making such statement the
judge of election shall | 22 | | not indicate by word, gesture or intonation of
voice that the | 23 | | unreturned ballots shall be voted in any particular
manner. No | 24 | | new voter shall be permitted to enter the voting booth of a
| 25 | | voter who has failed to deliver the total number of ballots | 26 | | received by
him until such voter has returned to the voting |
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| 1 | | booth pursuant to the
judge's request and again quit the booth | 2 | | with all of the ballots
required to be returned by him. Upon | 3 | | receipt of all such ballots the
judges of election shall enter | 4 | | the name of the voter, and his number, as
above provided in | 5 | | this Section, and the judge to whom the ballots are
delivered | 6 | | shall immediately put the ballots into the ballot box. If any
| 7 | | voter who has failed to deliver all the ballots received by him | 8 | | refuses
to return to the voting booth after being advised by | 9 | | the judge of
election as herein provided, the judge shall | 10 | | inform the other judges of
such refusal, and thereupon the | 11 | | ballot or ballots returned to the judge
shall be deposited in | 12 | | the ballot box, the voter shall be permitted to
depart from the | 13 | | polling place, and a new voter shall be permitted to
enter the | 14 | | voting booth.
| 15 | | The judge of election who receives the ballot or ballots | 16 | | from the
voter shall announce the residence and name of such | 17 | | voter in a loud
voice. The judge shall put the ballot or | 18 | | ballots received from the voter
into the ballot box in the | 19 | | presence of the voter and the judges of
election, and in plain | 20 | | view of the public. The judges having charge of
such registers | 21 | | shall then, in a column prepared thereon, in the same
line of, | 22 | | the name of the voter, mark "Voted" or the letter "V".
| 23 | | No judge of election shall accept from any voter less than | 24 | | the full
number of ballots received by such voter without first | 25 | | advising the
voter in the manner above provided of the | 26 | | necessity of returning all of
the ballots, nor shall any such |
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| 1 | | judge advise such voter in a manner
contrary to that which is | 2 | | herein permitted, or in any other manner
violate the provisions | 3 | | of this Section; provided, that the acceptance by
a judge of | 4 | | election of less than the full number of ballots delivered to
a | 5 | | voter who refuses to return to the voting booth after being | 6 | | properly
advised by such judge shall not be a violation of this | 7 | | Section.
| 8 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 9 | | (10 ILCS 5/18A-5)
| 10 | | Sec. 18A-5. Provisional voting; general provisions.
| 11 | | (a) A person who claims to be a registered voter is | 12 | | entitled to cast a
provisional ballot under the following | 13 | | circumstances:
| 14 | | (1) The person's name does not appear on the official | 15 | | list of eligible
voters for the precinct in which
the | 16 | | person seeks to vote and the person has refused an | 17 | | opportunity to register at the polling location or another | 18 | | grace period registration site. The official list is the | 19 | | centralized statewide voter registration list established | 20 | | and maintained in accordance with Section 1A-25;
| 21 | | (2) The person's voting status has been challenged by | 22 | | an election judge, a
pollwatcher, or any legal voter and | 23 | | that challenge has been sustained by a
majority of the | 24 | | election judges;
| 25 | | (3) A federal or State court order extends the time for |
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| 1 | | closing the polls
beyond the time period established by | 2 | | State law and the person votes during the
extended time | 3 | | period;
| 4 | | (4) The voter registered to vote by mail and is | 5 | | required by law to
present identification when voting | 6 | | either in person or , in the case of a voter who registered | 7 | | by mail, when voting by early voting ballot, but
fails to | 8 | | provide an acceptable form of photo identification as | 9 | | described in Section 3-7, or a Voter Identification Card | 10 | | issued under Section 1-14 do so ;
| 11 | | (5) The voter's name appears on the list of voters who | 12 | | voted during the early voting period, but the voter claims | 13 | | not to have voted during the early voting period; or | 14 | | (6) The voter received a vote by mail ballot but did | 15 | | not return the vote by mail ballot to the election | 16 | | authority; or | 17 | | (7) The voter attempted to register to vote on election | 18 | | day, but failed to provide the necessary documentation. | 19 | | (b) The procedure for obtaining and casting a provisional | 20 | | ballot at the
polling place
shall be as follows:
| 21 | | (1) After first verifying through an examination of the | 22 | | precinct register that the person's address is within the | 23 | | precinct boundaries, an election judge at the polling place | 24 | | shall notify a person who is
entitled to cast a provisional | 25 | | ballot pursuant to subsection (a)
that he or she may cast a | 26 | | provisional ballot in that election.
An election judge
must |
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| 1 | | accept any information provided by a person who casts a | 2 | | provisional ballot
that the person believes supports his or | 3 | | her claim that he or she is a duly
registered voter and | 4 | | qualified to vote in the election. However, if the person's | 5 | | residence address is outside the precinct boundaries, the | 6 | | election judge shall inform the person of that fact, give | 7 | | the person the appropriate telephone number of the election | 8 | | authority in order to locate the polling place assigned to | 9 | | serve that address, and instruct the person to go to the | 10 | | proper polling place to vote.
| 11 | | (2) The person shall execute a written form provided by | 12 | | the
election judge that shall state or contain all of the | 13 | | following that is available:
| 14 | |
(i) an affidavit stating the following:
| 15 | | State of Illinois, County of ................, | 16 | | Township
.............,
Precinct ........, Ward | 17 | | ........, I, ......................., do solemnly
| 18 | | swear (or affirm) that: I am a citizen of the | 19 | | United States; I am 18 years of
age or older; I | 20 | | have resided in this State and in this precinct for | 21 | | 30 days
preceding this election; I have not voted | 22 | | in this election; I am a duly
registered voter in | 23 | | every respect; and I am eligible to vote in this | 24 | | election.
Signature ...... Printed Name of Voter | 25 | | ....... Printed Residence
Address of Voter ...... | 26 | | City
...... State .... Zip Code ..... Telephone |
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| 1 | | Number ...... Date of Birth .......
and Illinois | 2 | | Driver's License Number ....... or Last 4 digits of | 3 | | Social
Security
Number ...... or State | 4 | | Identification Card
Number issued to you by the | 5 | | Illinois Secretary of State ........
| 6 | | (ii) A box for the election judge to check one of | 7 | | the 6 reasons why the
person was given a provisional | 8 | | ballot under subsection (a) of this Section 18A-5 .
| 9 | | (iii) An area for the election judge to affix his | 10 | | or her signature and to
set forth any facts that | 11 | | support or oppose the allegation that the person is
not | 12 | | qualified to vote in the precinct in which the person | 13 | | is seeking to vote.
| 14 | | The written affidavit form described in this | 15 | | subsection (b)(2) must be
printed on a multi-part form | 16 | | prescribed by the county clerk or board of
election | 17 | | commissioners, as the case may be.
| 18 | | (3) After the person executes the portion of the | 19 | | written affidavit described
in subsection (b)(2)(i) of | 20 | | this Section, the election judge shall complete the
portion | 21 | | of the written affidavit described in subsection | 22 | | (b)(2)(iii) and
(b)(2)(iv).
| 23 | | (4) The election judge shall give a copy of the | 24 | | completed written affidavit
to the person. The election | 25 | | judge shall place the original written affidavit in
a | 26 | | self-adhesive clear plastic packing list envelope that |
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| 1 | | must be attached to a
separate envelope marked as a | 2 | | "provisional ballot envelope". The election judge
shall | 3 | | also place any information provided by the person who casts | 4 | | a provisional
ballot in the clear plastic packing list | 5 | | envelope. Each county clerk or board
of election | 6 | | commissioners, as the case may be,
must design, obtain or | 7 | | procure self-adhesive clear plastic packing list
envelopes | 8 | | and provisional ballot envelopes that are suitable for | 9 | | implementing
this subsection (b)(4) of this Section.
| 10 | | (5) The election judge shall provide the person with a | 11 | | provisional ballot,
written instructions for casting a | 12 | | provisional ballot, and the provisional
ballot envelope | 13 | | with the clear plastic packing list envelope affixed to it,
| 14 | | which contains the person's original written affidavit | 15 | | and, if any, information
provided by the provisional voter | 16 | | to support his or her claim that he or she is
a duly | 17 | | registered voter. An election judge must also give the | 18 | | person written
information that states that any person who | 19 | | casts a provisional ballot shall be
able to ascertain, | 20 | | pursuant to guidelines established by the State Board of
| 21 | | Elections, whether the provisional vote was counted in the | 22 | | official canvass of
votes for that election and, if the | 23 | | provisional vote was not counted, the
reason that the vote | 24 | | was not counted.
| 25 | | (6) After the person has completed marking his or her | 26 | | provisional ballot, he
or she shall place the marked ballot |
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| 1 | | inside of the provisional ballot envelope,
close and seal | 2 | | the envelope, and return the envelope to an election judge, | 3 | | who
shall then deposit the sealed provisional ballot | 4 | | envelope into a securable
container separately identified | 5 | | and utilized for containing sealed provisional
ballot | 6 | | envelopes. Ballots that are provisional because they are | 7 | | cast after 7:00 p.m. by court
order shall be kept separate | 8 | | from other provisional ballots. Upon the closing of the | 9 | | polls, the securable container shall
be
sealed with | 10 | | filament tape provided for that purpose, which shall be | 11 | | wrapped
around the box lengthwise and crosswise, at least | 12 | | twice each way, and each of
the election judges shall sign | 13 | | the seal.
| 14 | | (c) Instead of the affidavit form described in subsection | 15 | | (b), the county
clerk or board of election commissioners, as | 16 | | the case may be, may design and
use a multi-part affidavit form | 17 | | that is imprinted upon or attached to the
provisional ballot | 18 | | envelope described in subsection (b). If a county clerk or
| 19 | | board of election commissioners elects to design and use its | 20 | | own multi-part
affidavit form, then the county clerk or board | 21 | | of election commissioners shall
establish a mechanism for | 22 | | accepting any information the provisional voter has
supplied to | 23 | | the election judge to support his or her claim that he or she | 24 | | is a
duly registered voter. In all other respects, a county | 25 | | clerk or board of
election commissioners shall establish | 26 | | procedures consistent with subsection
(b).
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| 1 | | (d) The county clerk or board of election commissioners, as | 2 | | the case may be,
shall use the completed affidavit form | 3 | | described in subsection (b) to update
the person's voter | 4 | | registration information in the State voter registration
| 5 | | database and voter registration database of the county clerk or | 6 | | board of
election commissioners, as the case may be. If a | 7 | | person is later determined not
to be a registered voter based | 8 | | on Section 18A-15 of this Code, then the
affidavit shall be | 9 | | processed by the county clerk or board of election
| 10 | | commissioners, as the case may be, as a voter registration | 11 | | application.
| 12 | | (Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14; | 13 | | 98-1171, eff. 6-1-15; revised 9-2-16.)
| 14 | | (10 ILCS 5/18A-15)
| 15 | | Sec. 18A-15. Validating and counting provisional ballots.
| 16 | | (a) The county clerk or board of election commissioners | 17 | | shall complete the
validation and counting of provisional | 18 | | ballots within 14 calendar days of
the day of the election. The | 19 | | county clerk or board of election commissioners
shall have 7 | 20 | | calendar days from the completion of the validation and
| 21 | | counting of provisional ballots to conduct its final canvass. | 22 | | The State Board
of Elections shall complete within 31 calendar | 23 | | days of the election or sooner
if all the returns are received, | 24 | | its final canvass of the vote for all public
offices.
| 25 | | (b) If a county clerk or board of election commissioners |
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| 1 | | determines that all
of the following apply, then a provisional | 2 | | ballot is valid and shall be counted
as a vote:
| 3 | | (1) the provisional voter cast the provisional ballot | 4 | | in the correct
precinct based on the address provided by | 5 | | the provisional voter. The provisional voter's affidavit | 6 | | shall serve as a change of address request by that voter | 7 | | for registration purposes for the next ensuing election if | 8 | | it bears an address different from that in the records of | 9 | | the election authority. Votes for federal and statewide | 10 | | offices on a provisional ballot cast in the incorrect | 11 | | precinct that meet the other requirements of this | 12 | | subsection shall be valid and counted in accordance with | 13 | | this Article. As used in this item, "federal office" is | 14 | | defined as provided in Section 20-1 and "statewide office" | 15 | | means the Governor, Attorney General, Secretary of State, | 16 | | Comptroller, and Treasurer. Votes for General Assembly, | 17 | | countywide, citywide, or township office on a provisional | 18 | | ballot cast in the incorrect precinct but in the correct | 19 | | legislative district, representative district, county, | 20 | | municipality, or township, as the case may be, shall be | 21 | | valid and counted in accordance with this Article. As used | 22 | | in this item, "citywide office" means an office elected by | 23 | | the electors of an entire municipality. As used in this | 24 | | item, "township office" means an office elected by the | 25 | | electors of an entire township;
| 26 | | (2) the affidavit executed by the provisional voter |
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| 1 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 2 | | a minimum, the provisional voter's first and last name, | 3 | | house number and street name, and signature or mark;
| 4 | | (3) except as permitted by item (5) of subsection (b) | 5 | | of this Section, the provisional voter is a registered | 6 | | voter based on information
available to the county clerk or | 7 | | board of election commissioners provided by or
obtained | 8 | | from any of the following:
| 9 | | i. the provisional voter;
| 10 | | ii. an election judge;
| 11 | | iii. the statewide voter registration database | 12 | | maintained by the State
Board of Elections;
| 13 | | iv. the records of the county clerk or board of | 14 | | election commissioners'
database; or
| 15 | | v. the records of the Secretary of State; and | 16 | | (4) for a provisional ballot cast under item (6) of | 17 | | subsection (a) of Section 18A-5, the voter did not vote by | 18 | | vote by mail ballot in the election at which the | 19 | | provisional ballot was cast; or
| 20 | | (5) for a provisional ballot cast under item (7) of | 21 | | subsection (a) of Section 18A-5, the voter provides the | 22 | | election authority with the necessary documentation within | 23 | | 7 days of election day. | 24 | | (c) With respect to subsection (b)(3) of this Section, the | 25 | | county clerk or
board of election commissioners shall | 26 | | investigate and record whether or not the specified information |
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| 1 | | is available from each of the 5 identified sources. If the | 2 | | information is available from one or more of the identified | 3 | | sources, then the
county clerk or board of election | 4 | | commissioners shall seek to obtain the
information from each of | 5 | | those sources until satisfied, with information from at least | 6 | | one of those sources, that the provisional voter is registered | 7 | | and entitled to vote. The county clerk
or board of election | 8 | | commissioners shall use any information it obtains as the
basis | 9 | | for determining the voter registration status of the | 10 | | provisional voter.
If a conflict exists among the information | 11 | | available to the county clerk or
board of election | 12 | | commissioners as to the registration status of the
provisional | 13 | | voter, then the county clerk or board of election commissioners
| 14 | | shall make a
determination based on the totality of the | 15 | | circumstances. In a case where the
above information equally | 16 | | supports or opposes the registration status of the
voter, the | 17 | | county clerk or board of election commissioners shall decide in
| 18 | | favor of the provisional voter as being duly registered to | 19 | | vote. If the
statewide voter registration database maintained | 20 | | by the State Board of
Elections indicates that the provisional | 21 | | voter is registered to vote, but the
county clerk's or board of | 22 | | election commissioners' voter registration database
indicates | 23 | | that the provisional voter is not registered to vote, then the
| 24 | | information found in the statewide voter registration database | 25 | | shall control
the matter and the provisional voter shall be | 26 | | deemed to be registered to vote.
If the records of the county |
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| 1 | | clerk or board of election commissioners indicates
that the | 2 | | provisional
voter is registered to vote, but the statewide | 3 | | voter registration database
maintained by the State Board of | 4 | | Elections indicates that the provisional voter
is not | 5 | | registered to vote, then the information found in the records | 6 | | of the
county clerk or board of election commissioners shall | 7 | | control the matter and
the provisional voter shall be deemed to | 8 | | be registered to vote. If the
provisional voter's signature on | 9 | | his or her provisional ballot request varies
from the signature | 10 | | on
an otherwise valid registration application solely because | 11 | | of the substitution
of initials for the first or middle name, | 12 | | the election authority may not reject
the provisional ballot.
| 13 | | (d) In validating the registration status of a person | 14 | | casting a provisional
ballot, the county clerk or board of | 15 | | election commissioners shall not require a
provisional voter to | 16 | | complete any form other than the affidavit executed by the
| 17 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 18 | | addition,
the
county clerk or board of election commissioners | 19 | | shall not require all
provisional voters or
any particular | 20 | | class or group of provisional voters to appear personally | 21 | | before
the county clerk or board of election commissioners or | 22 | | as a matter of policy
require provisional voters to submit | 23 | | additional information to verify or
otherwise support the | 24 | | information already submitted by the provisional voter.
Within | 25 | | 2 calendar days after the election, the election authority | 26 | | shall transmit by electronic means pursuant to a process |
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| 1 | | established by the State Board of Elections the name, street | 2 | | address, e-mail address, and precinct, ward, township, and | 3 | | district numbers, as the case may be, of each person casting a | 4 | | provisional ballot to the State Board of Elections, which shall | 5 | | maintain those names and that information in an electronic | 6 | | format on its website, arranged by county and accessible to | 7 | | State and local political committees. The provisional voter | 8 | | may, within 7 calendar days after the election, submit
| 9 | | additional information to the county clerk or board of election | 10 | | commissioners , except that in the case of provisional voting | 11 | | under item (4) of subsection (a) of Section 18A-5, the | 12 | | provisional voter has 10 days to provide the county clerk or | 13 | | board of election commissioners with the required photo | 14 | | identification card .
This information must be received by the | 15 | | county clerk or board of election
commissioners within the | 16 | | applicable 7-calendar-day or 10-calendar-day period.
| 17 | | (e) If the county clerk or board of election commissioners | 18 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 19 | | apply, then the provisional
ballot is not valid
and may not be | 20 | | counted. The provisional ballot envelope containing the ballot
| 21 | | cast by the provisional voter may not be opened. The county | 22 | | clerk or board of
election commissioners shall write on the | 23 | | provisional ballot envelope the
following: "Provisional ballot | 24 | | determined invalid.".
| 25 | | (f) If the county clerk or board of election commissioners | 26 | | determines that a
provisional ballot is valid under this |
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| 1 | | Section, then the provisional ballot
envelope shall be opened. | 2 | | The outside of each provisional ballot
envelope shall
also be
| 3 | | marked to identify the precinct and the date of the election.
| 4 | | (g) Provisional ballots determined to be valid shall be | 5 | | counted at the election authority's central ballot counting | 6 | | location and shall not be counted in precincts. The provisional | 7 | | ballots determined to be valid shall be added to the
vote
| 8 | | totals for the precincts from which they were cast in the order | 9 | | in which the
ballots were opened.
The validation and counting | 10 | | of provisional ballots shall be subject to the
provisions of | 11 | | this Code that apply to pollwatchers.
If the provisional | 12 | | ballots are a ballot of a punch card
voting system, then the | 13 | | provisional ballot shall be counted in a manner
consistent with | 14 | | Article 24A. If the provisional ballots
are a ballot of optical | 15 | | scan or other type of approved electronic voting
system, then | 16 | | the provisional ballots shall be counted in a manner consistent
| 17 | | with Article 24B.
| 18 | | (h) As soon as the ballots have been counted, the election | 19 | | judges or
election officials shall, in
the presence of the | 20 | | county clerk or board of election commissioners, place each
of | 21 | | the following items in a separate envelope or bag: (1) all | 22 | | provisional
ballots, voted or spoiled; (2)
all provisional | 23 | | ballot envelopes of provisional ballots voted or spoiled; and
| 24 | | (3) all executed affidavits
of the provisional ballots voted or | 25 | | spoiled.
All provisional ballot envelopes for provisional | 26 | | voters who have been
determined
not to be registered to vote |
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| 1 | | shall remain sealed. The county clerk or board of
election | 2 | | commissioners shall treat the provisional ballot envelope | 3 | | containing
the written affidavit as a voter registration | 4 | | application for that person for
the next election and process | 5 | | that application.
The election judges or election officials | 6 | | shall then
securely
seal each envelope or bag, initial the | 7 | | envelope or bag, and plainly mark on the
outside of the | 8 | | envelope or bag in ink the precinct in which the provisional
| 9 | | ballots were cast. The election judges or election officials | 10 | | shall then place
each sealed envelope or
bag into a box, secure | 11 | | and seal it in the same manner as described in
item (6) of | 12 | | subsection (b) of Section 18A-5. Each election judge or | 13 | | election
official shall take and subscribe an oath
before the | 14 | | county clerk or
board of election commissioners that the | 15 | | election judge or election official
securely kept the
ballots | 16 | | and papers in the box, did not permit any person to open the | 17 | | box or
otherwise touch or tamper with the ballots and papers in | 18 | | the box, and has no
knowledge of any other person opening the | 19 | | box.
For purposes of this Section, the term "election official" | 20 | | means the county
clerk, a member of the board of election | 21 | | commissioners, as the case may be, and
their respective | 22 | | employees.
| 23 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | 24 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 25 | | (10 ILCS 5/19A-35)
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| 1 | | Sec. 19A-35. Procedure for voting.
| 2 | | (a) Not more than 23 days before the start of the election, | 3 | | the county clerk
shall make available to the election official | 4 | | conducting early voting by
personal
appearance a sufficient | 5 | | number of early ballots, envelopes, and printed voting
| 6 | | instruction slips for the use of early voters. The election | 7 | | official shall
receipt for all ballots received and shall | 8 | | return unused or spoiled ballots at
the close of the early | 9 | | voting period to the county clerk and must strictly
account for | 10 | | all ballots received. The ballots delivered to the election
| 11 | | official must include early ballots for each precinct in the | 12 | | election
authority's jurisdiction and must include separate | 13 | | ballots for each political
subdivision conducting an election | 14 | | of officers or a referendum at that
election.
| 15 | | (b) In conducting early voting under this Article, the | 16 | | election judge or official is
required to verify the signature | 17 | | of the early voter by comparison with the
signature on the
| 18 | | official registration card, and the judge or official must | 19 | | verify (i) that the applicant is a registered voter, (ii) the
| 20 | | precinct in which the applicant is registered, and (iii) the | 21 | | proper ballots of
the political subdivision in which the | 22 | | applicant resides and is entitled to
vote before providing an | 23 | | early ballot to the applicant. The applicant's identity must be | 24 | | verified by the applicant's presentation of a | 25 | | government-issued photo identification card, as defined in | 26 | | Section 3-7, or his or her Voter Identification Card. The |
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| 1 | | election judge or official
must verify the applicant's | 2 | | registration from the most recent poll list
provided by the
| 3 | | election authority, and if the applicant is not listed on that | 4 | | poll list, by
telephoning the office of the election authority.
| 5 | | (b-5) A person requesting an early voting ballot to whom a | 6 | | vote by mail ballot was issued may vote early if the person | 7 | | submits that vote by mail ballot to the judges of election or | 8 | | official conducting early voting for cancellation. If the voter | 9 | | is unable to submit the vote by mail ballot, it shall be | 10 | | sufficient for the voter to submit to the judges or official | 11 | | (i) a portion of the vote by mail ballot if the vote by mail | 12 | | ballot was torn or mutilated or (ii) an affidavit executed | 13 | | before the judges or official specifying that (A) the voter | 14 | | never received a vote by mail ballot or (B) the voter completed | 15 | | and returned a vote by mail ballot and was informed that the | 16 | | election authority did not receive that vote by mail ballot. | 17 | | (b-10) Within one day after a voter casts an early voting | 18 | | ballot, the election authority shall transmit the voter's name, | 19 | | street address, and precinct, ward, township, and district | 20 | | numbers, as the case may be, to the State Board of Elections, | 21 | | which shall maintain those names and that information in an | 22 | | electronic format on its website, arranged by county and | 23 | | accessible to State and local political committees. | 24 | | (b-15) Immediately after voting an early ballot, the voter | 25 | | shall be instructed whether the voting equipment accepted or | 26 | | rejected the ballot or identified that ballot as under-voted |
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| 1 | | for a statewide constitutional office. A voter whose ballot is | 2 | | identified as under-voted may return to the voting booth and | 3 | | complete the voting of that ballot. A voter whose early voting | 4 | | ballot is not accepted by the voting equipment may, upon | 5 | | surrendering the ballot, request and vote another early voting | 6 | | ballot. The voter's surrendered ballot
shall be initialed by | 7 | | the election judge or official conducting the early voting and | 8 | | handled as provided in the appropriate
Article governing the | 9 | | voting equipment used.
| 10 | | (c) The sealed early ballots in their carrier envelope | 11 | | shall be delivered by
the election authority to the central | 12 | | ballot counting location before the close of the
polls on the | 13 | | day of the election.
| 14 | | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
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