Full Text of HB4775 102nd General Assembly
HB4775 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4775 Introduced 1/27/2022, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/17-9 | from Ch. 46, par. 17-9 |
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Amends the Election Code. Removes a requirement that an election judge initial the ballot after the ballot is properly folded. Removes a requirement for the election authority to provide a space both above and below the perforation for the judge's initials and for the judge to endorse his or her initials in both spaces (in those election jurisdictions where perforated ballot cards are utilized of the type on which write-in votes can be cast above the perforation).
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| | A BILL FOR |
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| | | HB4775 | | LRB102 24821 AWJ 34066 b |
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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 | | Section 17-9 as follows: | 6 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
| 7 | | Sec. 17-9. Any person desiring to vote shall give his name | 8 | | and, if
required to do so, his residence to the judges of | 9 | | election, one of whom
shall thereupon announce the same in a | 10 | | loud and distinct tone of voice,
clear, and audible; the | 11 | | judges of elections shall check each application
for ballot | 12 | | against the list of voters registered in that precinct to
whom | 13 | | grace period, vote by mail,
or early
ballots have been issued | 14 | | for that election, which shall be
provided by the election | 15 | | authority and which list shall be available for
inspection by | 16 | | pollwatchers. A voter applying to vote in the
precinct on | 17 | | election day whose name appears on the list as having
been | 18 | | issued a grace period, vote by mail,
or early
ballot shall not | 19 | | be permitted to vote in the
precinct, except that a voter to | 20 | | whom a vote by mail ballot was issued may vote in the precinct | 21 | | if the voter submits to the election judges that vote by mail | 22 | | ballot for cancellation. If the voter is unable to submit the | 23 | | vote by mail ballot, it shall be sufficient for the voter to |
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| 1 | | submit to the election judges (i) a portion of the vote by mail | 2 | | ballot if the vote by mail ballot was torn or mutilated or (ii) | 3 | | an affidavit executed before the election judges specifying | 4 | | that (A) the voter never received a vote by mail ballot or (B) | 5 | | the voter completed and returned a vote by mail ballot and was | 6 | | informed that the election authority did not receive that vote | 7 | | by mail ballot. All applicable provisions of Articles
4, 5 or 6 | 8 | | shall be complied with and if such name is found on the | 9 | | register of
voters by the
officer having charge thereof, he | 10 | | shall likewise repeat said name, and
the voter shall be | 11 | | allowed to enter within the proximity of the voting
booths, as | 12 | | above provided. One of the judges shall give the voter one,
and | 13 | | only one of each ballot to be voted at the election , on the | 14 | | back of
which ballots such judge shall indorse his initials in | 15 | | such manner that
they may be seen when each such ballot is | 16 | | properly folded , and the
voter's name shall be immediately | 17 | | checked on the register list. In those
election jurisdictions | 18 | | where perforated ballot cards are utilized of the
type on | 19 | | which write-in votes can be cast above the perforation, the | 20 | | election
authority shall provide a space both above and below | 21 | | the perforation for
the judge's initials, and the judge shall | 22 | | endorse his or her initials in
both spaces. Whenever
a | 23 | | proposal for a constitutional amendment or for the calling of | 24 | | a
constitutional convention is to be voted upon at the | 25 | | election, the
separate blue ballot or ballots pertaining | 26 | | thereto shall, when being
handed to the voter, be placed on top |
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| 1 | | of the other ballots to be voted
at the election in such manner | 2 | | that the legend appearing on the back
thereof, as prescribed | 3 | | in Section 16-6 of this Act, shall be plainly
visible to the | 4 | | voter. At all elections, when a registry may be
required, if | 5 | | the name of any person so desiring to vote at such election
is | 6 | | not found on the register of voters, he or she shall not | 7 | | receive a ballot
until he or she shall have complied with the | 8 | | law prescribing the manner and
conditions of voting by | 9 | | unregistered voters. If any person desiring to
vote at any | 10 | | election shall be challenged, he or she shall not receive a | 11 | | ballot
until he or she shall have established his right to vote | 12 | | in the manner provided
hereinafter; and if he or she shall be | 13 | | challenged after he has received his
ballot, he shall not be | 14 | | permitted to vote until he or she has fully complied
with such | 15 | | requirements of the law upon being challenged. Besides the
| 16 | | election officer, not more than 2 voters in excess of the whole | 17 | | number
of voting booths provided shall be allowed within the | 18 | | proximity of the voting
booths at one
time. The provisions of | 19 | | this Act, so far as they require the
registration of voters as | 20 | | a condition to their being allowed to vote
shall not apply to | 21 | | persons otherwise entitled to vote, who are, at the
time of the | 22 | | election, or at any time within 60 days prior to such
election | 23 | | have been engaged in the military or naval service of the
| 24 | | United States, and who appear personally at the polling place | 25 | | on
election day and produce to the judges of election | 26 | | satisfactory evidence
thereof, but such persons, if otherwise |
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| 1 | | qualified to vote, shall be
permitted to vote at such election | 2 | | without previous registration.
| 3 | | All such persons shall also make an affidavit which shall | 4 | | be in
substantially the following form:
| 5 | | State of Illinois,)
| 6 | | ) ss.
| 7 | | County of ........)
| 8 | | ............... Precinct .......... Ward
| 9 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 10 | | of the
United States, of the age of 18 years or over, and that | 11 | | within the past
60 days prior to the date of this election at | 12 | | which I am applying to
vote, I have been engaged in the .... | 13 | | (military or naval) service of the
United States; and I am | 14 | | qualified to vote under and by virtue of the
Constitution and | 15 | | laws of the State of Illinois, and that I am a legally
| 16 | | qualified voter of this precinct and ward except that I have, | 17 | | because of
such service, been unable to register as a voter; | 18 | | that I now reside at
.... (insert street and number, if any) in | 19 | | this precinct and ward; that I
have maintained a legal | 20 | | residence in this precinct and ward for 30 days
and in this | 21 | | State 30 days next preceding this election.
| 22 | | .........................
| 23 | | Subscribed and sworn to before me on (insert date).
| 24 | | .........................
| 25 | | Judge of Election.
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| 1 | | The affidavit of any such person shall be supported by the | 2 | | affidavit
of a resident and qualified voter of any such | 3 | | precinct and ward, which
affidavit shall be in substantially | 4 | | the following form:
| 5 | | State of Illinois,)
| 6 | | ) ss.
| 7 | | County of ........)
| 8 | | ........... Precinct ........... Ward
| 9 | | I, ...., do solemnly swear (or affirm), that I am a | 10 | | resident of this
precinct and ward and entitled to vote at this | 11 | | election; that I am
acquainted with .... (name of the | 12 | | applicant); that I verily believe him
to be an actual bona fide | 13 | | resident of this precinct and ward and that I
verily believe | 14 | | that he or she has maintained a legal residence therein 30 days
| 15 | | and in this State 30 days next preceding this election.
| 16 | | .........................
| 17 | | Subscribed and sworn to before me on (insert date).
| 18 | | .........................
| 19 | | Judge of Election.
| 20 | | All affidavits made under the provisions of this Section | 21 | | shall be
enclosed in a separate envelope securely sealed, and | 22 | | shall be
transmitted with the returns of the elections to the | 23 | | county clerk or to
the board of election commissioners, who | 24 | | shall preserve the said
affidavits for the period of 6 months, | 25 | | during which period such
affidavits shall be deemed public |
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| 1 | | records and shall be freely open to
examination as such.
| 2 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
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