SB2949 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2949

 

Introduced 10/26/2021, by Sen. Darren Bailey

 

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

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


LRB102 20949 HLH 29845 b

 

 

A BILL FOR

 

SB2949LRB102 20949 HLH 29845 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
6Sections 1-14 and 3-8 as follows:
 
7    (10 ILCS 5/1-14 new)
8    Sec. 1-14. Voter Identification Card.
9    (a) Issuance. The Secretary of State shall issue a Voter
10Identification Card to each registered voter who does not have
11an acceptable form of photo identification card as defined in
12Section 3-8. The Voter Identification Card shall include at
13least: (i) the voter's name, signature, and photograph; (ii)
14the State seal; and (iii) the voter's current residence
15address. A Voter Identification Card is valid for as long as
16the registered voter maintains the name and residence on the
17Card. A Voter Identification Card may not be used for any
18purpose other than to vote in Illinois. A Voter Identification
19Card shall be provided to each registered voter free of
20charge.
21    (b) Application for the Voter Identification Card. Within
22a reasonable time after the effective date of this amendatory
23Act of the 102nd General Assembly, the Secretary of State

 

 

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1shall provide application forms for the Voter Identification
2Card. The Secretary of State shall adopt rules for the
3implementation of this Section, including, but not limited to,
4procedures for the verification of the identity of registered
5voters.
6    (c) Exemptions. Voters who have a religious objection to
7being photographed may vote a provisional ballot and sign an
8affidavit that indicates that the exemption stated in this
9subsection applies.
 
10    (10 ILCS 5/3-8 new)
11    Sec. 3-8. Acceptable forms of photo identification for
12voting purposes. As used in this Code, acceptable forms of
13photo 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
2to the judges of election for verification of the person's
3identity a government-issued photo identification card, as
4defined in Section 3-8, or his or her Voter Identification
5Card and (ii) give his name and, if required to do so, his
6residence to the judges of election, one of whom shall
7thereupon announce the same in a loud and distinct tone of
8voice, clear, and audible; the judges of elections shall check
9each application for ballot against the list of voters
10registered in that precinct to whom grace period, vote by
11mail, or early ballots have been issued for that election,
12which shall be provided by the election authority and which
13list shall be available for inspection by pollwatchers. A
14voter applying to vote in the precinct on election day whose
15name appears on the list as having been issued a grace period,
16vote by mail, or early ballot shall not be permitted to vote in
17the precinct, except that a voter to whom a vote by mail ballot
18was issued may vote in the precinct if the voter submits to the
19election judges that vote by mail ballot for cancellation. If
20the voter is unable to submit the vote by mail ballot, it shall
21be sufficient for the voter to submit to the election judges
22(i) a portion of the vote by mail ballot if the vote by mail
23ballot was torn or mutilated or (ii) an affidavit executed
24before the election judges specifying that (A) the voter never
25received a vote by mail ballot or (B) the voter completed and
26returned a vote by mail ballot and was informed that the

 

 

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

 

 

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

 

 

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

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

 

 

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

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

 

 

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

 

 

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

 

 

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1identification may include a lease or contract for a residence
2and not more than one piece of mail addressed to the person at
3his current residence address and postmarked not earlier than
430 days prior to the date of the election, or the person shall
5procure a witness personally known to the judges of election,
6and resident in the precinct (or district), or who shall be
7proved by some legal voter of such precinct or district, known
8to the judges to be such, who shall take the oath following,
9viz:
10    I do solemnly swear (or affirm) that I am a resident of
11this election precinct (or district), and entitled to vote at
12this election, and that I have been a resident of this State
13for 30 days last past, and am well acquainted with the person
14whose vote is now offered; that he is an actual and bona fide
15resident of this election precinct (or district), and has
16resided herein 30 days, and as I verily believe, in this State,
1730 days next preceding this election.
18    The oath in each case may be administered by one of the
19judges of election, or by any officer, resident in the
20precinct or district, authorized by law to administer oaths.
21Also supported by an affidavit by a registered voter residing
22in such precinct, stating his own residence, and that he knows
23such person; and that he does reside at the place mentioned and
24has resided in such precinct and state for the length of time
25as stated by such person, which shall be subscribed and sworn
26to in the same way. For purposes of this Section, the

 

 

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

 

 

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1whether the voting equipment, if used, accepted or rejected
2the ballot or identified the ballot as under-voted. A voter
3whose ballot is identified as under-voted for a statewide
4constitutional office may return to the voting booth and
5complete the voting of that ballot. A voter whose ballot is not
6accepted by the voting equipment may, upon surrendering the
7ballot, request and vote another ballot. The voter's
8surrendered ballot shall be initialed by the election judge
9and handled as provided in the appropriate Article governing
10that voting equipment.
11    The voter shall, upon quitting the voting booth, deliver
12to one of the judges of election all of the ballots, properly
13folded, which he received. The judge of election to whom the
14voter delivers his ballots shall not accept the same unless
15all of the ballots given to the voter are returned by him. If a
16voter delivers less than all of the ballots given to him, the
17judge to whom the same are offered shall advise him in a voice
18clearly audible to the other judges of election that the voter
19must return the remainder of the ballots. The statement of the
20judge to the voter shall clearly express the fact that the
21voter is not required to vote such remaining ballots but that
22whether or not he votes them he must fold and deliver them to
23the judge. In making such statement the judge of election
24shall not indicate by word, gesture or intonation of voice
25that the unreturned ballots shall be voted in any particular
26manner. No new voter shall be permitted to enter the voting

 

 

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1booth of a voter who has failed to deliver the total number of
2ballots received by him until such voter has returned to the
3voting booth pursuant to the judge's request and again quit
4the booth with all of the ballots required to be returned by
5him. Upon receipt of all such ballots the judges of election
6shall enter the name of the voter, and his number, as above
7provided in this Section, and the judge to whom the ballots are
8delivered shall immediately put the ballots into the ballot
9box. If any voter who has failed to deliver all the ballots
10received by him refuses to return to the voting booth after
11being advised by the judge of election as herein provided, the
12judge shall inform the other judges of such refusal, and
13thereupon the ballot or ballots returned to the judge shall be
14deposited in the ballot box, the voter shall be permitted to
15depart from the polling place, and a new voter shall be
16permitted to enter the voting booth.
17    The judge of election who receives the ballot or ballots
18from the voter shall announce the residence and name of such
19voter in a loud voice. The judge shall put the ballot or
20ballots received from the voter into the ballot box in the
21presence of the voter and the judges of election, and in plain
22view of the public. The judges having charge of such registers
23shall then, in a column prepared thereon, in the same line of,
24the name of the voter, mark "Voted" or the letter "V".
25    No judge of election shall accept from any voter less than
26the full number of ballots received by such voter without

 

 

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1first advising the voter in the manner above provided of the
2necessity of returning all of the ballots, nor shall any such
3judge advise such voter in a manner contrary to that which is
4herein permitted, or in any other manner violate the
5provisions of this Section; provided, that the acceptance by a
6judge of election of less than the full number of ballots
7delivered to a voter who refuses to return to the voting booth
8after being properly advised by such judge shall not be a
9violation of this Section.
10(Source: P.A. 98-1171, eff. 6-1-15.)
 
11    (10 ILCS 5/18A-5)
12    Sec. 18A-5. Provisional voting; general provisions.
13    (a) A person who claims to be a registered voter is
14entitled to cast a provisional ballot under the following
15circumstances:
16        (1) The person's name does not appear on the official
17    list of eligible voters for the precinct in which the
18    person seeks to vote and the person has refused an
19    opportunity to register at the polling location or another
20    grace period registration site. The official list is the
21    centralized statewide voter registration list established
22    and maintained in accordance with Section 1A-25;
23        (2) The person's voting status has been challenged by
24    an election judge, a pollwatcher, or any legal voter and
25    that challenge has been sustained by a majority of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1to the election judge to support his or her claim that he or
2she is a duly registered voter. In all other respects, a county
3clerk or board of election commissioners shall establish
4procedures consistent with subsection (b).
5    (d) The county clerk or board of election commissioners,
6as the case may be, shall use the completed affidavit form
7described in subsection (b) to update the person's voter
8registration information in the State voter registration
9database and voter registration database of the county clerk
10or board of election commissioners, as the case may be. If a
11person is later determined not to be a registered voter based
12on Section 18A-15 of this Code, then the affidavit shall be
13processed by the county clerk or board of election
14commissioners, as the case may be, as a voter registration
15application.
16(Source: P.A. 100-201, eff. 8-18-17.)
 
17    (10 ILCS 5/18A-15)
18    Sec. 18A-15. Validating and counting provisional ballots.
19    (a) The county clerk or board of election commissioners
20shall complete the validation and counting of provisional
21ballots within 14 calendar days of the day of the election. The
22county clerk or board of election commissioners shall have 7
23calendar days from the completion of the validation and
24counting of provisional ballots to conduct its final canvass.
25The State Board of Elections shall complete within 31 calendar

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1additional information to verify or otherwise support the
2information already submitted by the provisional voter. Within
32 calendar days after the election, the election authority
4shall transmit by electronic means pursuant to a process
5established by the State Board of Elections the name, street
6address, e-mail address, and precinct, ward, township, and
7district numbers, as the case may be, of each person casting a
8provisional ballot to the State Board of Elections, which
9shall maintain those names and that information in an
10electronic format on its website, arranged by county and
11accessible to State and local political committees. The
12provisional voter may, within 7 calendar days after the
13election, submit additional information to the county clerk or
14board of election commissioners, except that in the case of
15provisional voting under paragraph (4) of subsection (a) of
16Section 18A-5, the provisional voter has 10 days to provide
17the county clerk or board of election commissioners with the
18required photo identification card. This information must be
19received by the county clerk or board of election
20commissioners within the applicable 7-calendar-day or
2110-calendar-day period.
22    (e) If the county clerk or board of election commissioners
23determines that subsection (b)(1), (b)(2), or (b)(3) does not
24apply, then the provisional ballot is not valid and may not be
25counted. The provisional ballot envelope containing the ballot
26cast by the provisional voter may not be opened. The county

 

 

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

 

 

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

 

 

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1respective employees.
2(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
398-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
4    (10 ILCS 5/19A-35)
5    Sec. 19A-35. Procedure for voting.
6    (a) Not more than 23 days before the start of the election,
7the county clerk shall make available to the election official
8conducting early voting by personal appearance a sufficient
9number of early ballots, envelopes, and printed voting
10instruction slips for the use of early voters. The election
11official shall receipt for all ballots received and shall
12return unused or spoiled ballots at the close of the early
13voting period to the county clerk and must strictly account
14for all ballots received. The ballots delivered to the
15election official must include early ballots for each precinct
16in the election authority's jurisdiction and must include
17separate ballots for each political subdivision conducting an
18election of officers or a referendum at that election.
19    (b) In conducting early voting under this Article, the
20election judge or official is required to verify the signature
21of the early voter by comparison with the signature on the
22official registration card, and the judge or official must
23verify (i) that the applicant is a registered voter, (ii) the
24precinct in which the applicant is registered, and (iii) the
25proper ballots of the political subdivision in which the

 

 

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

 

 

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