Full Text of SB1393 98th General Assembly
SB1393 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1393 Introduced 2/6/2013, by Sen. William E. Brady SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1A-45 new | | 10 ILCS 5/4-15 | from Ch. 46, par. 4-15 | 10 ILCS 5/4-35 new | | 10 ILCS 5/5-21 | from Ch. 46, par. 5-21 | 10 ILCS 5/5-45 new | | 10 ILCS 5/6-57 | from Ch. 46, par. 6-57 | 10 ILCS 5/6-85 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 | |
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Amends the Election Code. Provides that the State Board of Elections shall assist the local election authorities in implementing a system in order to issue voter registration identification cards with a photograph of the elector. Provides that a person desiring to vote shall present a valid and current photograph identification. Provides that a person who fails to present the required identification is entitled to cast a provisional ballot. Provides that the State Board of Elections shall establish an aggressive voter education program concerning the provisions in this Act. Effective July 1, 2013.
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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 4-15, 5-21, 6-57, 17-9, 18-5, 18A-5, and 18A-15 and by | 6 | | adding Sections 1A-45, 4-35, 5-45, and 6-85 as follows: | 7 | | (10 ILCS 5/1A-45 new) | 8 | | Sec. 1A-45. Voter education program. The State Board of | 9 | | Elections must establish an aggressive voter education program | 10 | | concerning the provisions contained in this amendatory Act of | 11 | | the 98th General Assembly. The State Board of Elections must | 12 | | educate the public as follows: | 13 | | (1) Post information concerning changes contained in | 14 | | this amendatory Act of the 98th General Assembly in a | 15 | | conspicuous location at the offices of each election | 16 | | authority and the State Board of Elections and their | 17 | | respective websites. | 18 | | (2) Train election judges at their mandatory training | 19 | | sessions to answer questions by electors concerning the | 20 | | changes made by this amendatory Act of the 98th General | 21 | | Assembly. | 22 | | (3) Require documentation describing the changes made | 23 | | by this amendatory Act of the 98th General Assembly to be |
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| 1 | | disseminated by election judges at every election. | 2 | | (4) Coordinate with each local election authority so | 3 | | that at least 2 seminars are conducted in each county and | 4 | | each municipality operating under Article 6 of this Act | 5 | | prior to September 15, 2013. | 6 | | (5) Coordinate with local and service organizations to | 7 | | provide for additional informational seminars at a local or | 8 | | statewide level. | 9 | | (6) Place an advertisement describing the changes made | 10 | | by this amendatory Act of the 98th General Assembly in | 11 | | Illinois newspapers of general circulation by no later than | 12 | | September 15, 2013. | 13 | | (7) Coordinate with local media outlets to disseminate | 14 | | information concerning the changes made by this amendatory | 15 | | Act of the 98th General Assembly. | 16 | | (8) Notify each registered elector who does not have an | 17 | | Illinois issued driver's license or identification card of | 18 | | the provisions of this amendatory Act of the 98th General | 19 | | Assembly by no later than September 1, 2013. This notice | 20 | | must include the requirements to vote absentee, early, or | 21 | | on election day and a description of voting by provisional | 22 | | ballot. It also must state the availability of a free | 23 | | Illinois identification card pursuant to Section 12 of the | 24 | | Illinois Identification Card Act. | 25 | | In addition to the items above, the State Board of | 26 | | Elections may implement additional educational programs in its |
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| 1 | | discretion.
| 2 | | (10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
| 3 | | Sec. 4-15.
Within 5 days after a person registers or | 4 | | transfers his
registration at the office of the county clerk, | 5 | | such clerk shall send by
mail a certificate to such person | 6 | | setting forth the elector's name and
address as it appears upon | 7 | | the registration record card, and shall request
him in case of | 8 | | any error to present the certificate on or before the 7th
day | 9 | | next ensuing at the office of the county clerk in order to | 10 | | secure
correction of the error. The certificate shall contain | 11 | | on the outside a
request for the postmaster to return it within | 12 | | 5 days if it cannot be
delivered to the addressee at the | 13 | | address given thereon. Upon the return by
the post office of a | 14 | | certificate which it has been unable to deliver at the
given | 15 | | address because the addressee cannot be found there or because | 16 | | no
such address exists, a notice shall be at once sent through | 17 | | the United
States mail to such person at the address appearing | 18 | | upon his registration
record card requiring him to appear | 19 | | before the county clerk, within 5 days,
to answer questions | 20 | | touching his right to register. If the person notified
fails to | 21 | | appear at the county clerk's office within 5 days as directed | 22 | | or
if he appears and fails to prove his right to register, the | 23 | | county clerk
shall mark his registration card as incomplete and | 24 | | he shall not be
permitted to vote until his registration is | 25 | | satisfactorily completed.
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| 1 | | If an elector possesses such a certificate valid on its | 2 | | face, if his
name does not expressly appear to have been erased | 3 | | or withdrawn from the
precinct list as corrected and revised as | 4 | | provided by Section 4-11 of this
Article, if he makes an | 5 | | affidavit and attaches such certificate thereto,
and if such | 6 | | affidavit substantially in the form prescribed in Section 17-10
| 7 | | of this Act is sworn to before a judge of election on suitable | 8 | | forms
provided by the county clerk for that purpose, such | 9 | | elector shall be
permitted to vote even though his duplicate | 10 | | registration card is not to be
found in the precinct binder and | 11 | | even though his name is not to be found
upon the printed or any | 12 | | other list. | 13 | | If an elector loses or defaces the certificate, the elector | 14 | | may obtain a duplicate certificate from the county clerk upon | 15 | | request in person, or by telephone or mail.
| 16 | | (Source: Laws 1961, p. 3394 .)
| 17 | | (10 ILCS 5/4-35 new) | 18 | | Sec. 4-35. Voter registration identification cards. The | 19 | | State Board of Elections shall assist the county clerk in | 20 | | implementing a system in order to issue voter registration | 21 | | identification cards with a photograph of the elector. This | 22 | | voter registration identification card may be used for voting | 23 | | purposes only. This voter registration identification card | 24 | | shall be provided free of charge.
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| 1 | | (10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
| 2 | | Sec. 5-21.
To each person who registers at the office of | 3 | | the county, city,
village, incorporated town or town clerk, or | 4 | | any place designated by the
Board of County Commissioners under | 5 | | section 5-17 of article 5 and within
five days thereafter, the | 6 | | County Clerk shall send by mail a notice setting
forth the | 7 | | elector's name and address as it appears on the registration | 8 | | record
card, and shall request him in case of any error to | 9 | | present the notice on
or before the seventh day next ensuing at | 10 | | the office of the County Clerk
in order to secure the | 11 | | correction of the error. Such notice shall contain
on the | 12 | | outside a request for the postmaster to return it within five | 13 | | days
if it cannot be delivered to the addressee at the address | 14 | | given thereon.
Upon the return by the post office of such | 15 | | notice which it has been unable
to deliver at the given address | 16 | | because the addressee cannot be found there,
a notice shall be | 17 | | at once sent through the United States mail to such person
at | 18 | | the address appearing upon his registration record card | 19 | | requiring him
to appear before the County Clerk, within five | 20 | | days, to answer questions
touching his right to register. If | 21 | | the person notified fails to appear at
the County Clerk's | 22 | | office within five days as directed or if he appears
and fails | 23 | | to prove his right to register, the County Clerk shall cancel
| 24 | | his registration. | 25 | | If an elector loses or defaces the notice, the elector may | 26 | | obtain a duplicate notice from the County Clerk upon request in |
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| 1 | | person, or by telephone or mail.
| 2 | | (Source: P.A. 80-1469.)
| 3 | | (10 ILCS 5/5-45 new) | 4 | | Sec. 5-45. Voter registration identification cards. The | 5 | | State Board of Elections shall assist the county clerk in | 6 | | implementing a system in order to issue voter registration | 7 | | identification cards with a photograph of the elector. This | 8 | | voter registration identification card may be used for voting | 9 | | purposes only. This voter registration identification card | 10 | | shall be provided free of charge.
| 11 | | (10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
| 12 | | Sec. 6-57.
To each person who registers at the office of | 13 | | the board of
election commissioners or at any place designated | 14 | | by such board under
Section 6-51 of this Article, after the | 15 | | first registration under this
Article, the board shall send by | 16 | | mail a notice setting forth the elector's
name and address as | 17 | | it appears on the registration record card, and shall
request | 18 | | him in case of any error to present the notice on or before the
| 19 | | tenth day next ensuing at the office of the Board of Election | 20 | | Commissioners
in order to secure the correction of the error. | 21 | | Such notice shall contain
on the outside a request for the | 22 | | postmaster to return it within five days
if it cannot be | 23 | | delivered to the addressee at the address given thereon.
Upon | 24 | | the return by the post office of any such notice which it has |
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| 1 | | been
unable to deliver at the given address because the | 2 | | addressee cannot be
found there, a notice shall be at once sent | 3 | | through the United States mail
to such person at the address | 4 | | appearing upon his registration record card
requiring him to | 5 | | appear before the Board of Election Commissioners at a
time and | 6 | | place specified in the notice and show cause why his name | 7 | | should
not be cancelled from the register. Thereafter, | 8 | | proceedings shall be, as
nearly as may be, in conformity with | 9 | | those established by Section 6-52 of
this Article with respect | 10 | | to applications to complete registration. Such
notice may be | 11 | | sent at any time within thirty days after the registration of
| 12 | | any person, but such notice shall be sent within five days | 13 | | after the last
day of registration before any election, to all | 14 | | persons who have registered
since the last preceding election, | 15 | | and to whom no such notice has
theretofore been sent; and where | 16 | | the addressee cannot be found, notice
requiring such person to | 17 | | appear before the board of election commissioners
shall specify | 18 | | dates for hearing before the election not later than those
| 19 | | prescribed by Section 6-45 of this Article.
| 20 | | If an elector loses or defaces the notice, the elector may | 21 | | obtain a duplicate notice from the Board of Election | 22 | | Commissioners upon request in person, or by telephone or mail. | 23 | | (Source: Laws 1951, p. 1795 .)
| 24 | | (10 ILCS 5/6-85 new) | 25 | | Sec. 6-85. Voter registration identification cards. The |
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| 1 | | State Board of Elections shall assist the board of election | 2 | | commissioners in implementing a system in order to issue voter | 3 | | registration identification cards with a photograph of the | 4 | | elector. This voter registration identification card may be | 5 | | used for voting purposes only. This voter registration | 6 | | identification card shall be provided free of charge. | 7 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | 8 | | Sec. 17-9. Any person desiring to vote shall | 9 | | (1) produce a valid and current: | 10 | | (A) Illinois driver's license; | 11 | | (B) other form of identification containing a | 12 | | photograph issued by the Secretary of State; | 13 | | (C) passport; | 14 | | (D) military identification containing a | 15 | | photograph issued by the federal government; or | 16 | | (E) Illinois voter registration identification | 17 | | card containing a photograph issued pursuant to | 18 | | Section 4-35, 5-45, or 6-85; and | 19 | | (2) give his name and, if
required to do so, his | 20 | | residence to the judges of election, one of whom
shall | 21 | | thereupon announce the same in a loud and distinct tone of | 22 | | voice,
clear, and audible . ; | 23 | | The judges of elections shall compare the photograph contained | 24 | | on the required identification with the person seeking to vote. | 25 | | The judge shall verify that the photograph is that of the |
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| 1 | | person seeking to vote. The the judges of elections shall check | 2 | | each application
for ballot against the list of voters | 3 | | registered in that precinct to
whom grace period, absentee,
or | 4 | | early
ballots have been issued for that election, which shall | 5 | | be
provided by the election authority and which list shall be | 6 | | available for
inspection by pollwatchers. A voter applying to | 7 | | vote in the
precinct on election day whose name appears on the | 8 | | list as having
been issued a grace period, absentee,
or early
| 9 | | ballot shall not be permitted to vote in the
precinct, except | 10 | | that a voter to whom an absentee ballot was issued may vote in | 11 | | the precinct if the voter submits to the election judges that | 12 | | absentee ballot for cancellation. If the voter is unable to | 13 | | submit the absentee ballot, it shall be sufficient for the | 14 | | voter to submit to the election judges (i) a portion of the | 15 | | absentee ballot if the absentee ballot was torn or mutilated or | 16 | | (ii) an affidavit executed before the election judges | 17 | | specifying that (A) the voter never received an absentee ballot | 18 | | or (B) the voter completed and returned an absentee ballot and | 19 | | was informed that the election authority did not receive that | 20 | | absentee ballot. All applicable provisions of Articles
4, 5 or | 21 | | 6 shall be complied with and if such name is found on the | 22 | | register of
voters by the
officer having charge thereof, he | 23 | | shall likewise repeat said name, and
the voter shall be allowed | 24 | | to enter within the proximity of the voting
booths, as above | 25 | | provided. One of the judges shall give the voter one,
and only | 26 | | one of each ballot to be voted at the election, on the back of
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| 1 | | which ballots such judge shall indorse his initials in such | 2 | | manner that
they may be seen when each such ballot is properly | 3 | | folded, and the
voter's name shall be immediately checked on | 4 | | the register list. In those
election jurisdictions where | 5 | | perforated ballot cards are utilized of the
type on which | 6 | | write-in votes can be cast above the perforation, the election
| 7 | | authority shall provide a space both above and below the | 8 | | perforation for
the judge's initials, and the judge shall | 9 | | endorse his or her initials in
both spaces. Whenever
a proposal | 10 | | for a constitutional amendment or for the calling of a
| 11 | | constitutional convention is to be voted upon at the election, | 12 | | the
separate blue ballot or ballots pertaining thereto shall, | 13 | | when being
handed to the voter, be placed on top of the other | 14 | | ballots to be voted
at the election in such manner that the | 15 | | legend appearing on the back
thereof, as prescribed in Section | 16 | | 16-6 of this Act, shall be plainly
visible to the voter. At all | 17 | | elections, when a registry may be
required, if the name of any | 18 | | person so desiring to vote at such election
is not found on the | 19 | | register of voters, he or she shall not receive a ballot
until | 20 | | he or she shall have complied with the law prescribing the | 21 | | manner and
conditions of voting by unregistered voters. If any | 22 | | person desiring to
vote at any election shall be challenged, he | 23 | | or she shall not receive a ballot
until he or she shall have | 24 | | established his right to vote in the manner provided
| 25 | | hereinafter; and if he or she shall be challenged after he has | 26 | | received his
ballot, he shall not be permitted to vote until he |
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| 1 | | or she has fully complied
with such requirements of the law | 2 | | upon being challenged. Besides the
election officer, not more | 3 | | than 2 voters in excess of the whole number
of voting booths | 4 | | provided shall be allowed within the proximity of the voting
| 5 | | booths at one
time. The provisions of this Act, so far as they | 6 | | require the
registration of voters as a condition to their | 7 | | being allowed to vote
shall not apply to persons otherwise | 8 | | entitled to vote, who are, at the
time of the election, or at | 9 | | any time within 60 days prior to such
election have been | 10 | | engaged in the military or naval service of the
United States, | 11 | | and who appear personally at the polling place on
election day | 12 | | and produce to the judges of election satisfactory evidence
| 13 | | thereof, but such persons, if otherwise qualified to vote, | 14 | | shall be
permitted to vote at such election without previous | 15 | | registration.
| 16 | | All such persons shall also make an affidavit which shall | 17 | | be in
substantially the following form:
| 18 | | State of Illinois,)
| 19 | | ) ss.
| 20 | | County of ........)
| 21 | | ............... Precinct .......... Ward
| 22 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 23 | | of the
United States, of the age of 18 years or over, and that | 24 | | within the past
60 days prior to the date of this election at | 25 | | which I am applying to
vote, I have been engaged in the .... | 26 | | (military or naval) service of the
United States; and I am |
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| 1 | | qualified to vote under and by virtue of the
Constitution and | 2 | | laws of the State of Illinois, and that I am a legally
| 3 | | qualified voter of this precinct and ward except that I have, | 4 | | because of
such service, been unable to register as a voter; | 5 | | that I now reside at
.... (insert street and number, if any) in | 6 | | this precinct and ward; that I
have maintained a legal | 7 | | residence in this precinct and ward for 30 days
and in this | 8 | | State 30 days next preceding this election.
| 9 | | .........................
| 10 | | Subscribed and sworn to before me on (insert date).
| 11 | | .........................
| 12 | | Judge of Election.
| 13 | | The affidavit of any such person shall be supported by the | 14 | | affidavit
of a resident and qualified voter of any such | 15 | | precinct and ward, which
affidavit shall be in substantially | 16 | | the following form:
| 17 | | State of Illinois,)
| 18 | | ) ss.
| 19 | | County of ........)
| 20 | | ........... Precinct ........... Ward
| 21 | | I, ...., do solemnly swear (or affirm), that I am a | 22 | | resident of this
precinct and ward and entitled to vote at this | 23 | | election; that I am
acquainted with .... (name of the | 24 | | applicant); that I verily believe him
to be an actual bona fide | 25 | | resident of this precinct and ward and that I
verily believe |
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| 1 | | that he or she has maintained a legal residence therein 30 days
| 2 | | and in this State 30 days next preceding this election.
| 3 | | .........................
| 4 | | Subscribed and sworn to before me on (insert date).
| 5 | | .........................
| 6 | | Judge of Election.
| 7 | | All affidavits made under the provisions of this Section | 8 | | shall be
enclosed in a separate envelope securely sealed, and | 9 | | shall be
transmitted with the returns of the elections to the | 10 | | county clerk or to
the board of election commissioners, who | 11 | | shall preserve the said
affidavits for the period of 6 months, | 12 | | during which period such
affidavits shall be deemed public | 13 | | records and shall be freely open to
examination as such.
| 14 | | The purpose of the identification required under this | 15 | | Section is to confirm the person presenting himself or herself | 16 | | to vote is the elector on the list of registered voters.
| 17 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 18 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| 19 | | Sec. 18-5. Any person desiring to vote and whose name is | 20 | | found upon
the register of voters by the person having charge | 21 | | thereof, shall then
| 22 | | (1) produce a valid and current: | 23 | | (A) Illinois driver's license; | 24 | | (B) other form of identification containing a |
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| 1 | | photograph issued by the Secretary of State; | 2 | | (C) passport; | 3 | | (D) military identification containing a | 4 | | photograph issued by the federal government; or | 5 | | (E) Illinois voter registration identification | 6 | | card containing a photograph issued pursuant to | 7 | | Section 4-35, 5-45, or 6-85; | 8 | | (2) be questioned by one of the judges as to his | 9 | | nativity, his term of
residence at present address, | 10 | | precinct, State and United States, his
age, whether | 11 | | naturalized and if so the date of naturalization papers and
| 12 | | court from which secured ; , and | 13 | | (3) he shall be asked to state his residence
when last | 14 | | previously registered and the date of the election for | 15 | | which
he then registered. | 16 | | The judges of elections shall compare the photograph contained | 17 | | on the required identification with the person seeking to vote. | 18 | | The judge shall verify that the photograph is that of the | 19 | | person seeking to vote. The judges of elections shall check | 20 | | each application
for ballot against the list of voters | 21 | | registered in that precinct to whom
grace period, absentee, and | 22 | | early ballots have been issued for that election, which shall
| 23 | | be provided
by the election authority and which list shall be | 24 | | available for inspection
by pollwatchers. A voter applying to | 25 | | vote in
the precinct on
election day whose name appears on the | 26 | | list as having been issued a grace period, absentee,
or early |
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| 1 | | ballot shall not be permitted to vote in the precinct, except | 2 | | that a voter to whom an absentee ballot was issued may vote in | 3 | | the precinct if the voter submits to the election judges that | 4 | | absentee ballot for cancellation. If the voter is unable to | 5 | | submit the absentee ballot, it shall be sufficient for the | 6 | | voter to submit to the election judges (i) a portion of the | 7 | | absentee ballot if the absentee ballot was torn or mutilated or | 8 | | (ii) an affidavit executed before the election judges | 9 | | specifying that (A) the voter never received an absentee ballot | 10 | | or (B) the voter completed and returned an absentee ballot and | 11 | | was informed that the election authority did not receive that | 12 | | absentee ballot.
If such person
so registered shall be | 13 | | challenged as disqualified, the party challenging
shall assign | 14 | | his reasons therefor, and thereupon one of the judges shall
| 15 | | administer to him an oath to answer questions, and if he shall | 16 | | take the
oath he shall then be questioned by the judge or | 17 | | judges touching such cause
of challenge, and touching any other | 18 | | cause of disqualification. And he may
also be questioned by the | 19 | | person challenging him in regard to his
qualifications and | 20 | | identity. But if a majority of the judges are of the
opinion | 21 | | that he is the person so registered and a qualified voter, his | 22 | | vote
shall then be received accordingly. But if his vote be | 23 | | rejected by such
judges, such person may afterward produce and | 24 | | deliver an affidavit to such
judges, subscribed and sworn to by | 25 | | him before one of the judges, in which
it shall be stated how | 26 | | long he has resided in such precinct, and state;
that he is a |
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| 1 | | citizen of the United States, and is a duly qualified voter in
| 2 | | such precinct, and that he is the identical person so | 3 | | registered.
In addition to such an affidavit, the person so | 4 | | challenged shall provide
to the judges of election proof of | 5 | | residence by producing 2 forms of
identification showing the | 6 | | person's current residence address, provided
that such | 7 | | identification may include a lease or contract for a residence | 8 | | and not more than one piece of mail addressed to the person at | 9 | | his current residence address and
postmarked not earlier than | 10 | | 30 days prior to the date of the
election, or the person shall | 11 | | procure a witness personally known to the
judges of election, | 12 | | and resident in the precinct (or district), or who
shall be | 13 | | proved by some legal voter of such precinct or district, known | 14 | | to
the judges to be such, who shall take the oath following, | 15 | | viz:
| 16 | | I do solemnly swear (or affirm) that I am a resident of | 17 | | this election
precinct (or district), and entitled to vote at | 18 | | this election, and that I
have been a resident of this State | 19 | | for 30 days last past, and am well
acquainted with the person | 20 | | whose vote is now offered; that he is an actual
and bona fide | 21 | | resident of this election precinct (or district), and has
| 22 | | resided herein 30 days, and as I verily believe, in this State, | 23 | | 30 days
next preceding this election.
| 24 | | The oath in each case may be administered by one of the | 25 | | judges of
election, or by any officer, resident in the precinct | 26 | | or district,
authorized by law to administer oaths. Also |
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| 1 | | supported by an affidavit by a
registered voter residing in | 2 | | such precinct, stating his own residence, and
that he knows | 3 | | such person; and that he does reside at the place mentioned
and | 4 | | has resided in such precinct and state for the length of time | 5 | | as stated
by such person, which shall be subscribed and sworn | 6 | | to in the same way.
For purposes of this Section, the | 7 | | submission of a photo identification issued by a college or | 8 | | university, accompanied by either (i) a copy of the applicant's | 9 | | contract or lease for a residence or (ii) one piece of mail | 10 | | addressed to the person at his or her current residence address | 11 | | and postmarked not earlier than 30 days prior to the date of | 12 | | the election, shall be sufficient to establish proof of | 13 | | residence. Whereupon the vote of such person shall be received, | 14 | | and entered as other
votes. But such judges, having charge of | 15 | | such registers, shall state in
their respective books the facts | 16 | | in such case, and the affidavits, so
delivered to the judges, | 17 | | shall be preserved and returned to the office of
the | 18 | | commissioners of election. Blank affidavits of the character | 19 | | aforesaid
shall be sent out to the judges of all the precincts, | 20 | | and the judges of
election shall furnish the same on demand and | 21 | | administer the oaths without
criticism. Such oaths, if | 22 | | administered by any other officer than such judge
of election, | 23 | | shall not be received. Whenever a proposal for a
constitutional | 24 | | amendment or for the calling of a constitutional convention
is | 25 | | to be voted upon at the election, the separate blue ballot or | 26 | | ballots
pertaining thereto shall be placed on top of the other |
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| 1 | | ballots to be voted
at the election in such manner that the | 2 | | legend appearing on the back
thereof, as prescribed in Section | 3 | | 16-6 of this Act, shall be plainly
visible to the voter, and in | 4 | | this fashion the ballots shall be handed to
the voter by the | 5 | | judge.
| 6 | | Immediately after voting, the voter shall be instructed | 7 | | whether the voting equipment, if used, accepted or rejected the | 8 | | ballot or identified the ballot as under-voted. A voter whose | 9 | | ballot is identified as under-voted for a statewide | 10 | | constitutional office may return to the voting booth and | 11 | | complete the voting of that ballot. A voter whose ballot is not | 12 | | accepted by the voting equipment may, upon surrendering the | 13 | | ballot, request and vote another ballot. The voter's | 14 | | surrendered ballot shall be initialed by the election judge and | 15 | | handled as provided in the appropriate Article governing that | 16 | | voting equipment. | 17 | | The voter shall, upon quitting the voting booth, deliver to | 18 | | one of
the judges of election all of the ballots, properly | 19 | | folded, which he
received. The judge of election to whom the | 20 | | voter delivers his ballots
shall not accept the same unless all | 21 | | of the ballots given to the voter
are returned by him. If a | 22 | | voter delivers less than all of the ballots
given to him, the | 23 | | judge to whom the same are offered shall advise him in
a voice | 24 | | clearly audible to the other judges of election that the voter
| 25 | | must return the remainder of the ballots. The statement of the | 26 | | judge to
the voter shall clearly express the fact that the |
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| 1 | | voter is not required
to vote such remaining ballots but that | 2 | | whether or not he votes them he
must fold and deliver them to | 3 | | the judge. In making such statement the
judge of election shall | 4 | | not indicate by word, gesture or intonation of
voice that the | 5 | | unreturned ballots shall be voted in any particular
manner. No | 6 | | new voter shall be permitted to enter the voting booth of a
| 7 | | voter who has failed to deliver the total number of ballots | 8 | | received by
him until such voter has returned to the voting | 9 | | booth pursuant to the
judge's request and again quit the booth | 10 | | with all of the ballots
required to be returned by him. Upon | 11 | | receipt of all such ballots the
judges of election shall enter | 12 | | the name of the voter, and his number, as
above provided in | 13 | | this Section, and the judge to whom the ballots are
delivered | 14 | | shall immediately put the ballots into the ballot box. If any
| 15 | | voter who has failed to deliver all the ballots received by him | 16 | | refuses
to return to the voting booth after being advised by | 17 | | the judge of
election as herein provided, the judge shall | 18 | | inform the other judges of
such refusal, and thereupon the | 19 | | ballot or ballots returned to the judge
shall be deposited in | 20 | | the ballot box, the voter shall be permitted to
depart from the | 21 | | polling place, and a new voter shall be permitted to
enter the | 22 | | voting booth.
| 23 | | The judge of election who receives the ballot or ballots | 24 | | from the
voter shall announce the residence and name of such | 25 | | voter in a loud
voice. The judge shall put the ballot or | 26 | | ballots received from the voter
into the ballot box in the |
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| 1 | | presence of the voter and the judges of
election, and in plain | 2 | | view of the public. The judges having charge of
such registers | 3 | | shall then, in a column prepared thereon, in the same
line of, | 4 | | the name of the voter, mark "Voted" or the letter "V".
| 5 | | No judge of election shall accept from any voter less than | 6 | | the full
number of ballots received by such voter without first | 7 | | advising the
voter in the manner above provided of the | 8 | | necessity of returning all of
the ballots, nor shall any such | 9 | | judge advise such voter in a manner
contrary to that which is | 10 | | herein permitted, or in any other manner
violate the provisions | 11 | | of this Section; provided, that the acceptance by
a judge of | 12 | | election of less than the full number of ballots delivered to
a | 13 | | voter who refuses to return to the voting booth after being | 14 | | properly
advised by such judge shall not be a violation of this | 15 | | Section.
| 16 | | The purpose of the identification required under this | 17 | | Section is to confirm the person presenting himself or herself | 18 | | to vote is the elector on the list of registered voters. | 19 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 20 | | (10 ILCS 5/18A-5)
| 21 | | Sec. 18A-5. Provisional voting; general provisions.
| 22 | | (a) A person who claims to be a registered voter is | 23 | | entitled to cast a
provisional ballot under the following | 24 | | circumstances:
| 25 | | (1) The person's name does not appear on the official |
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| 1 | | list of eligible
voters for the precinct in which
the | 2 | | person seeks to vote. The official list is the centralized | 3 | | statewide voter registration list established and | 4 | | maintained in accordance with Section 1A-25;
| 5 | | (2) The person's voting status has been challenged by | 6 | | an election judge, a
pollwatcher, or any legal voter and | 7 | | that challenge has been sustained by a
majority of the | 8 | | election judges;
| 9 | | (3) A federal or State court order extends the time for | 10 | | closing the polls
beyond the time period established by | 11 | | State law and the person votes during the
extended time | 12 | | period;
| 13 | | (4) The voter registered to vote by mail and is | 14 | | required by law to
present identification when voting | 15 | | either in person or in the case of a voter who registered by | 16 | | mail, when voting by absentee ballot, but
fails to present | 17 | | the required identification described in Sections 17-9 and | 18 | | 18-5; or do so ;
| 19 | | (5) The voter's name appears on the list of voters who | 20 | | voted during the early voting period, but the voter claims | 21 | | not to have voted during the early voting period; or | 22 | | (6) The voter received an absentee ballot but did not | 23 | | return the absentee ballot to the election authority. | 24 | | (7) The voter is required by law to present | 25 | | identification when voting in person, but the judge of | 26 | | elections disputes that the photograph contained on the |
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| 1 | | required identification is the person seeking to vote. | 2 | | (b) The procedure for obtaining and casting a provisional | 3 | | ballot at the
polling place
shall be as follows:
| 4 | | (1) After first verifying through an examination of the | 5 | | precinct register that the person's address is within the | 6 | | precinct boundaries, an election judge at the polling place | 7 | | shall notify a person who is
entitled to cast a provisional | 8 | | ballot pursuant to subsection (a)
that he or she may cast a | 9 | | provisional ballot in that election.
An election judge
must | 10 | | accept any information provided by a person who casts a | 11 | | provisional ballot
that the person believes supports his or | 12 | | her claim that he or she is a duly
registered voter and | 13 | | qualified to vote in the election. However, if the person's | 14 | | residence address is outside the precinct boundaries, the | 15 | | election judge shall inform the person of that fact, give | 16 | | the person the appropriate telephone number of the election | 17 | | authority in order to locate the polling place assigned to | 18 | | serve that address, and instruct the person to go to the | 19 | | proper polling place to vote.
| 20 | | (2) The person shall execute a written form provided by | 21 | | the
election judge that shall state or contain all of the | 22 | | following that is available:
| 23 | |
(i) an affidavit stating the following:
| 24 | | State of Illinois, County of ................, | 25 | | Township
.............,
Precinct ........, Ward | 26 | | ........, I, ......................., do solemnly
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| 1 | | swear (or affirm) that: I am a citizen of the | 2 | | United States; I am 18 years of
age or older; I | 3 | | have resided in this State and in this precinct for | 4 | | 30 days
preceding this election; I have not voted | 5 | | in this election; I am a duly
registered voter in | 6 | | every respect; and I am eligible to vote in this | 7 | | election.
Signature ...... Printed Name of Voter | 8 | | ....... Printed Residence
Address of Voter ...... | 9 | | City
...... State .... Zip Code ..... Telephone | 10 | | Number ...... Date of Birth .......
and Illinois | 11 | | Driver's License Number ....... or Last 4 digits of | 12 | | Social
Security
Number ...... or State | 13 | | Identification Card
Number issued to you by the | 14 | | Illinois Secretary of State........
| 15 | | (ii) A box for the election judge to check one of | 16 | | the 6 reasons why the
person was given a provisional | 17 | | ballot under subsection (a) of Section 18A-5.
| 18 | | (iii) An area for the election judge to affix his | 19 | | or her signature and to
set forth any facts that | 20 | | support or oppose the allegation that the person is
not | 21 | | qualified to vote in the precinct in which the person | 22 | | is seeking to vote.
| 23 | | The written affidavit form described in this | 24 | | subsection (b)(2) must be
printed on a multi-part form | 25 | | prescribed by the county clerk or board of
election | 26 | | commissioners, as the case may be.
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| 1 | | (3) After the person executes the portion of the | 2 | | written affidavit described
in subsection (b)(2)(i) of | 3 | | this Section, the election judge shall complete the
portion | 4 | | of the written affidavit described in subsection | 5 | | (b)(2)(iii) and
(b)(2)(iv).
| 6 | | (4) The election judge shall give a copy of the | 7 | | completed written affidavit
to the person. The election | 8 | | judge shall place the original written affidavit in
a | 9 | | self-adhesive clear plastic packing list envelope that | 10 | | must be attached to a
separate envelope marked as a | 11 | | "provisional ballot envelope". The election judge
shall | 12 | | also place any information provided by the person who casts | 13 | | a provisional
ballot in the clear plastic packing list | 14 | | envelope. Each county clerk or board
of election | 15 | | commissioners, as the case may be,
must design, obtain or | 16 | | procure self-adhesive clear plastic packing list
envelopes | 17 | | and provisional ballot envelopes that are suitable for | 18 | | implementing
this subsection (b)(4) of this Section.
| 19 | | (5) The election judge shall provide the person with a | 20 | | provisional ballot,
written instructions for casting a | 21 | | provisional ballot, and the provisional
ballot envelope | 22 | | with the clear plastic packing list envelope affixed to it,
| 23 | | which contains the person's original written affidavit | 24 | | and, if any, information
provided by the provisional voter | 25 | | to support his or her claim that he or she is
a duly | 26 | | registered voter. An election judge must also give the |
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| 1 | | person written
information that states that any person who | 2 | | casts a provisional ballot shall be
able to ascertain, | 3 | | pursuant to guidelines established by the State Board of
| 4 | | Elections, whether the provisional vote was counted in the | 5 | | official canvass of
votes for that election and, if the | 6 | | provisional vote was not counted, the
reason that the vote | 7 | | was not counted.
| 8 | | (6) After the person has completed marking his or her | 9 | | provisional ballot, he
or she shall place the marked ballot | 10 | | inside of the provisional ballot envelope,
close and seal | 11 | | the envelope, and return the envelope to an election judge, | 12 | | who
shall then deposit the sealed provisional ballot | 13 | | envelope into a securable
container separately identified | 14 | | and utilized for containing sealed provisional
ballot | 15 | | envelopes. Ballots that are provisional because they are | 16 | | cast after 7:00 p.m. by court
order shall be kept separate | 17 | | from other provisional ballots. Upon the closing of the | 18 | | polls, the securable container shall
be
sealed with | 19 | | filament tape provided for that purpose, which shall be | 20 | | wrapped
around the box lengthwise and crosswise, at least | 21 | | twice each way, and each of
the election judges shall sign | 22 | | the seal.
| 23 | | (7) In addition to the written affidavit described in | 24 | | item (i) of paragraph (2) of this subsection (b), if a | 25 | | person is entitled to cast a provisional ballot under | 26 | | paragraph (4) of subsection (a) of this Section due to a |
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| 1 | | religious objection to being photographed, the person may | 2 | | complete an affidavit under penalty of perjury at the | 3 | | polling place and affirm that the person: (i) is the same | 4 | | individual who personally appeared at the polling place; | 5 | | (ii) cast the provisional ballot on election day; and (iii) | 6 | | has a religious objection to being photographed. Upon | 7 | | completion of the affidavit, the person may cast a | 8 | | provisional ballot. The affidavit must be submitted with | 9 | | the provisional ballot envelope as provided in paragraph | 10 | | (4) of this subsection (b) and be filed with the county | 11 | | clerk or board of election commissioners, as the case may | 12 | | be. | 13 | | (8) In addition to the written affidavit described in | 14 | | item (i) of paragraph (2) of this subsection (b), if a | 15 | | person is entitled to cast a provisional ballot under | 16 | | paragraph (4) of subsection (a) of this Section because the | 17 | | person suffers from a reasonable impediment that prevents | 18 | | the person from obtaining photographic identification, the | 19 | | person may complete an affidavit under the penalty of | 20 | | perjury at the polling place and affirm that the person: | 21 | | (i) is the same individual who personally appeared at the | 22 | | polling place; (ii) cast the provisional ballot on election | 23 | | day; and (iii) suffers from a reasonable impediment that | 24 | | prevents the person from obtaining photographic | 25 | | identification. The person also shall list the impediment, | 26 | | unless otherwise prohibited by State or federal law. Upon |
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| 1 | | completion of the affidavit, the person may cast a | 2 | | provisional ballot. The affidavit must be submitted with | 3 | | the provisional ballot envelope as provided in paragraph | 4 | | (4) of this subsection (b) and be filed with the county | 5 | | clerk or board of election commissioners, as the case may | 6 | | be. | 7 | | (c) Instead of the affidavit form described in subsection | 8 | | (b), the county
clerk or board of election commissioners, as | 9 | | the case may be, may design and
use a multi-part affidavit form | 10 | | that is imprinted upon or attached to the
provisional ballot | 11 | | envelope described in subsection (b). If a county clerk or
| 12 | | board of election commissioners elects to design and use its | 13 | | own multi-part
affidavit form, then the county clerk or board | 14 | | of election commissioners shall
establish a mechanism for | 15 | | accepting any information the provisional voter has
supplied to | 16 | | the election judge to support his or her claim that he or she | 17 | | is a
duly registered voter. In all other respects, a county | 18 | | clerk or board of
election commissioners shall establish | 19 | | procedures consistent with subsection
(b).
| 20 | | (d) The county clerk or board of election commissioners, as | 21 | | the case may be,
shall use the completed affidavit form | 22 | | described in subsection (b) to update
the person's voter | 23 | | registration information in the State voter registration
| 24 | | database and voter registration database of the county clerk or | 25 | | board of
election commissioners, as the case may be. If a | 26 | | person is later determined not
to be a registered voter based |
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| 1 | | on Section 18A-15 of this Code, then the
affidavit shall be | 2 | | processed by the county clerk or board of election
| 3 | | commissioners, as the case may be, as a voter registration | 4 | | application.
| 5 | | (Source: P.A. 97-766, eff. 7-6-12.)
| 6 | | (10 ILCS 5/18A-15)
| 7 | | Sec. 18A-15. Validating and counting provisional ballots.
| 8 | | (a) The county clerk or board of election commissioners | 9 | | shall complete the
validation and counting of provisional | 10 | | ballots within 14 calendar days of
the day of the election. The | 11 | | county clerk or board of election commissioners
shall have 7 | 12 | | calendar days from the completion of the validation and
| 13 | | counting of provisional ballots to conduct its final canvass. | 14 | | The State Board
of Elections shall complete within 31 calendar | 15 | | days of the election or sooner
if all the returns are received, | 16 | | its final canvass of the vote for all public
offices.
| 17 | | (b) Except as provided in subsection (i), if If a county | 18 | | clerk or board of election commissioners determines that all
of | 19 | | the following apply, then a provisional ballot is valid and | 20 | | shall be counted
as a vote:
| 21 | | (1) the provisional voter cast the provisional ballot | 22 | | in the correct
precinct based on the address provided by | 23 | | the provisional voter. The provisional voter's affidavit | 24 | | shall serve as a change of address request by that voter | 25 | | for registration purposes for the next ensuing election if |
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| 1 | | it bears an address different from that in the records of | 2 | | the election authority;
| 3 | | (2) the affidavit executed by the provisional voter | 4 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 5 | | a minimum, the provisional voter's first and last name, | 6 | | house number and street name, and signature or mark;
| 7 | | (3) the provisional voter is a registered voter based | 8 | | on information
available to the county clerk or board of | 9 | | election commissioners provided by or
obtained from any of | 10 | | the following:
| 11 | | i. the provisional voter;
| 12 | | ii. an election judge;
| 13 | | iii. the statewide voter registration database | 14 | | maintained by the State
Board of Elections;
| 15 | | iv. the records of the county clerk or board of | 16 | | election commissioners'
database; or
| 17 | | v. the records of the Secretary of State; and | 18 | | (4) for a provisional ballot cast under item (6) of | 19 | | subsection (a) of Section 18A-5, the voter did not vote by | 20 | | absentee ballot in the election at which the provisional | 21 | | ballot was cast.
| 22 | | (5) In the case of a provisional vote cast under | 23 | | paragraph (4) of subsection (a) of Section 18A-5, the | 24 | | provisional voter brings a valid and current photographic | 25 | | identification described in Sections 17-9 and 18-5 to the | 26 | | county clerk or board of election commissioners. |
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| 1 | | (c) With respect to subsection (b)(3) of this Section, the | 2 | | county clerk or
board of election commissioners shall | 3 | | investigate and record whether or not the specified information | 4 | | is available from each of the 5 identified sources. If the | 5 | | information is available from one or more of the identified | 6 | | sources, then the
county clerk or board of election | 7 | | commissioners shall seek to obtain the
information from each of | 8 | | those sources until satisfied, with information from at least | 9 | | one of those sources, that the provisional voter is registered | 10 | | and entitled to vote. The county clerk
or board of election | 11 | | commissioners shall use any information it obtains as the
basis | 12 | | for determining the voter registration status of the | 13 | | provisional voter.
If a conflict exists among the information | 14 | | available to the county clerk or
board of election | 15 | | commissioners as to the registration status of the
provisional | 16 | | voter, then the county clerk or board of election commissioners
| 17 | | shall make a
determination based on the totality of the | 18 | | circumstances. In a case where the
above information equally | 19 | | supports or opposes the registration status of the
voter, the | 20 | | county clerk or board of election commissioners shall decide in
| 21 | | favor of the provisional voter as being duly registered to | 22 | | vote. If the
statewide voter registration database maintained | 23 | | by the State Board of
Elections indicates that the provisional | 24 | | voter is registered to vote, but the
county clerk's or board of | 25 | | election commissioners' voter registration database
indicates | 26 | | that the provisional voter is not registered to vote, then the
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| 1 | | information found in the statewide voter registration database | 2 | | shall control
the matter and the provisional voter shall be | 3 | | deemed to be registered to vote.
If the records of the county | 4 | | clerk or board of election commissioners indicates
that the | 5 | | provisional
voter is registered to vote, but the statewide | 6 | | voter registration database
maintained by the State Board of | 7 | | Elections indicates that the provisional voter
is not | 8 | | registered to vote, then the information found in the records | 9 | | of the
county clerk or board of election commissioners shall | 10 | | control the matter and
the provisional voter shall be deemed to | 11 | | be registered to vote. If the
provisional voter's signature on | 12 | | his or her provisional ballot request varies
from the signature | 13 | | on
an otherwise valid registration application solely because | 14 | | of the substitution
of initials for the first or middle name, | 15 | | the election authority may not reject
the provisional ballot.
| 16 | | (d) In validating the registration status of a person | 17 | | casting a provisional
ballot, the county clerk or board of | 18 | | election commissioners shall not require a
provisional voter to | 19 | | complete any form other than the affidavit executed by the
| 20 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 21 | | addition,
the
county clerk or board of election commissioners | 22 | | shall not require all
provisional voters or
any particular | 23 | | class or group of provisional voters to appear personally | 24 | | before
the county clerk or board of election commissioners or | 25 | | as a matter of policy
require provisional voters to submit | 26 | | additional information to verify or
otherwise support the |
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| 1 | | information already submitted by the provisional voter.
The | 2 | | provisional voter may, within 2 calendar days after the | 3 | | election, submit
additional information to the county clerk or | 4 | | board of election commissioners.
This information must be | 5 | | received by the county clerk or board of election
commissioners | 6 | | within the 2-calendar-day period.
| 7 | | (e) If the county clerk or board of election commissioners | 8 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 9 | | apply, then the provisional
ballot is not valid
and may not be | 10 | | counted. The provisional ballot envelope containing the ballot
| 11 | | cast by the provisional voter may not be opened. The county | 12 | | clerk or board of
election commissioners shall write on the | 13 | | provisional ballot envelope the
following: "Provisional ballot | 14 | | determined invalid.".
| 15 | | (f) If the county clerk or board of election commissioners | 16 | | determines that a
provisional ballot is valid under this | 17 | | Section, then the provisional ballot
envelope shall be opened. | 18 | | The outside of each provisional ballot
envelope shall
also be
| 19 | | marked to identify the precinct and the date of the election.
| 20 | | (g) Provisional ballots determined to be valid shall be | 21 | | counted at the election authority's central ballot counting | 22 | | location and shall not be counted in precincts. The provisional | 23 | | ballots determined to be valid shall be added to the
vote
| 24 | | totals for the precincts from which they were cast in the order | 25 | | in which the
ballots were opened.
The validation and counting | 26 | | of provisional ballots shall be subject to the
provisions of |
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| 1 | | this Code that apply to pollwatchers.
If the provisional | 2 | | ballots are a ballot of a punch card
voting system, then the | 3 | | provisional ballot shall be counted in a manner
consistent with | 4 | | Article 24A. If the provisional ballots
are a ballot of optical | 5 | | scan or other type of approved electronic voting
system, then | 6 | | the provisional ballots shall be counted in a manner consistent
| 7 | | with Article 24B.
| 8 | | (h) As soon as the ballots have been counted, the election | 9 | | judges or
election officials shall, in
the presence of the | 10 | | county clerk or board of election commissioners, place each
of | 11 | | the following items in a separate envelope or bag: (1) all | 12 | | provisional
ballots, voted or spoiled; (2)
all provisional | 13 | | ballot envelopes of provisional ballots voted or spoiled; and
| 14 | | (3) all executed affidavits
of the provisional ballots voted or | 15 | | spoiled.
All provisional ballot envelopes for provisional | 16 | | voters who have been
determined
not to be registered to vote | 17 | | shall remain sealed. The county clerk or board of
election | 18 | | commissioners shall treat the provisional ballot envelope | 19 | | containing
the written affidavit as a voter registration | 20 | | application for that person for
the next election and process | 21 | | that application.
The election judges or election officials | 22 | | shall then
securely
seal each envelope or bag, initial the | 23 | | envelope or bag, and plainly mark on the
outside of the | 24 | | envelope or bag in ink the precinct in which the provisional
| 25 | | ballots were cast. The election judges or election officials | 26 | | shall then place
each sealed envelope or
bag into a box, secure |
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| 1 | | and seal it in the same manner as described in
item (6) of | 2 | | subsection (b) of Section 18A-5. Each election judge or | 3 | | election
official shall take and subscribe an oath
before the | 4 | | county clerk or
board of election commissioners that the | 5 | | election judge or election official
securely kept the
ballots | 6 | | and papers in the box, did not permit any person to open the | 7 | | box or
otherwise touch or tamper with the ballots and papers in | 8 | | the box, and has no
knowledge of any other person opening the | 9 | | box.
For purposes of this Section, the term "election official" | 10 | | means the county
clerk, a member of the board of election | 11 | | commissioners, as the case may be, and
their respective | 12 | | employees.
| 13 | | (i) If the county clerk or board of election commissioners, | 14 | | as the case may be, determines that a provisional ballot was | 15 | | cast only due to the provisional voter's inability to provide | 16 | | proof of identification and an affidavit is submitted pursuant | 17 | | to subsection (7) or (8) of subsection (b) of Section 18A-5, | 18 | | the county clerk or board of election commissioners, as the | 19 | | case may be, shall find that the provisional ballot is valid | 20 | | unless the county clerk or board of election commissioners has | 21 | | grounds to believe the affidavit is false. | 22 | | (j) Before making the determinations under subsection (b), | 23 | | and if the county clerk of board of election commissioners, as | 24 | | the case may be, determines that a provision ballot was cast | 25 | | for a cause other than the inability to provide proof of | 26 | | identification as required by described in Sections 17-9 and |
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| 1 | | 18-5, the county clerk or board of election commissioners shall | 2 | | note on the envelope containing the provisional ballot that the | 3 | | voter complied with the proof of identification requirement. | 4 | | (Source: P.A. 97-766, eff. 7-6-12.)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2013. |
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