Full Text of SB2035 97th General Assembly
SB2035 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2035 Introduced 2/10/2011, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/17-9 | from Ch. 46, par. 17-9 | 10 ILCS 5/18-5 | from Ch. 46, par. 18-5 |
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Amends the Election Code. Requires that a person seeking to vote on election day present a government-issued photo identification card to the election judge (now, required only when voting early). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 17-9 and 18-5 as follows: | 6 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | 7 | | Sec. 17-9. Any person desiring to vote shall (i) present to | 8 | | the judges of election for verification of the person's | 9 | | identity his or her Illinois driver's license, his or her | 10 | | non-driver identification card issued by the Illinois | 11 | | Secretary of State, or another government-issued | 12 | | identification document containing his or her photograph and | 13 | | (ii) give his name and, if
required to do so, his residence to | 14 | | the judges of election, one of whom
shall thereupon announce | 15 | | the same in a loud and distinct tone of voice,
clear, and | 16 | | audible; the judges of elections shall check each application
| 17 | | for ballot against the list of voters registered in that | 18 | | precinct to
whom grace period, absentee,
or early
ballots have | 19 | | been issued for that election, which shall be
provided by the | 20 | | election authority and which list shall be available for
| 21 | | inspection by pollwatchers. A voter applying to vote in the
| 22 | | precinct on election day whose name appears on the list as | 23 | | having
been issued a grace period, absentee,
or early
ballot |
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| 1 | | shall not be permitted to vote in the
precinct, except that a | 2 | | voter to whom an absentee ballot was issued may vote in the | 3 | | 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. All applicable provisions of Articles
4, 5 or | 13 | | 6 shall be complied with and if such name is found on the | 14 | | register of
voters by the
officer having charge thereof, he | 15 | | shall likewise repeat said name, and
the voter shall be allowed | 16 | | to enter within the proximity of the voting
booths, as above | 17 | | provided. One of the judges shall give the voter one,
and only | 18 | | one of each ballot to be voted at the election, on the back of
| 19 | | which ballots such judge shall indorse his initials in such | 20 | | manner that
they may be seen when each such ballot is properly | 21 | | folded, and the
voter's name shall be immediately checked on | 22 | | the register list. In those
election jurisdictions where | 23 | | perforated ballot cards are utilized of the
type on which | 24 | | write-in votes can be cast above the perforation, the election
| 25 | | authority shall provide a space both above and below the | 26 | | perforation for
the judge's initials, and the judge shall |
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| 1 | | endorse his or her initials in
both spaces. Whenever
a proposal | 2 | | for a constitutional amendment or for the calling of a
| 3 | | constitutional convention is to be voted upon at the election, | 4 | | the
separate blue ballot or ballots pertaining thereto shall, | 5 | | when being
handed to the voter, be placed on top of the other | 6 | | ballots to be voted
at the election in such manner that the | 7 | | legend appearing on the back
thereof, as prescribed in Section | 8 | | 16-6 of this Act, shall be plainly
visible to the voter. At all | 9 | | elections, when a registry may be
required, if the name of any | 10 | | person so desiring to vote at such election
is not found on the | 11 | | register of voters, he or she shall not receive a ballot
until | 12 | | he or she shall have complied with the law prescribing the | 13 | | manner and
conditions of voting by unregistered voters. If any | 14 | | person desiring to
vote at any election shall be challenged, he | 15 | | or she shall not receive a ballot
until he or she shall have | 16 | | established his right to vote in the manner provided
| 17 | | hereinafter; and if he or she shall be challenged after he has | 18 | | received his
ballot, he shall not be permitted to vote until he | 19 | | or she has fully complied
with such requirements of the law | 20 | | upon being challenged. Besides the
election officer, not more | 21 | | than 2 voters in excess of the whole number
of voting booths | 22 | | provided shall be allowed within the proximity of the voting
| 23 | | booths at one
time. The provisions of this Act, so far as they | 24 | | require the
registration of voters as a condition to their | 25 | | being allowed to vote
shall not apply to persons otherwise | 26 | | entitled to vote, who are, at the
time of the election, or at |
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| 1 | | any time within 60 days prior to such
election have been | 2 | | engaged in the military or naval service of the
United States, | 3 | | and who appear personally at the polling place on
election day | 4 | | and produce to the judges of election satisfactory evidence
| 5 | | thereof, but such persons, if otherwise qualified to vote, | 6 | | shall be
permitted to vote at such election without previous | 7 | | registration.
| 8 | | All such persons shall also make an affidavit which shall | 9 | | be in
substantially the following form:
| 10 | | State of Illinois,)
| 11 | | ) ss.
| 12 | | County of ........)
| 13 | | ............... Precinct .......... Ward
| 14 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 15 | | of the
United States, of the age of 18 years or over, and that | 16 | | within the past
60 days prior to the date of this election at | 17 | | which I am applying to
vote, I have been engaged in the .... | 18 | | (military or naval) service of the
United States; and I am | 19 | | qualified to vote under and by virtue of the
Constitution and | 20 | | laws of the State of Illinois, and that I am a legally
| 21 | | qualified voter of this precinct and ward except that I have, | 22 | | because of
such service, been unable to register as a voter; | 23 | | that I now reside at
.... (insert street and number, if any) in | 24 | | this precinct and ward; that I
have maintained a legal | 25 | | residence in this precinct and ward for 30 days
and in this | 26 | | State 30 days next preceding this election.
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| 1 | | .........................
| 2 | | Subscribed and sworn to before me on (insert date).
| 3 | | .........................
| 4 | | Judge of Election.
| 5 | | The affidavit of any such person shall be supported by the | 6 | | affidavit
of a resident and qualified voter of any such | 7 | | precinct and ward, which
affidavit shall be in substantially | 8 | | the following form:
| 9 | | State of Illinois,)
| 10 | | ) ss.
| 11 | | County of ........)
| 12 | | ........... Precinct ........... Ward
| 13 | | I, ...., do solemnly swear (or affirm), that I am a | 14 | | resident of this
precinct and ward and entitled to vote at this | 15 | | election; that I am
acquainted with .... (name of the | 16 | | applicant); that I verily believe him
to be an actual bona fide | 17 | | resident of this precinct and ward and that I
verily believe | 18 | | that he or she has maintained a legal residence therein 30 days
| 19 | | and in this State 30 days next preceding this election.
| 20 | | .........................
| 21 | | Subscribed and sworn to before me on (insert date).
| 22 | | .........................
| 23 | | Judge of Election.
| 24 | | All affidavits made under the provisions of this Section |
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| 1 | | shall be
enclosed in a separate envelope securely sealed, and | 2 | | shall be
transmitted with the returns of the elections to the | 3 | | county clerk or to
the board of election commissioners, who | 4 | | shall preserve the said
affidavits for the period of 6 months, | 5 | | during which period such
affidavits shall be deemed public | 6 | | records and shall be freely open to
examination as such.
| 7 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 8 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| 9 | | Sec. 18-5. Any person desiring to vote and whose name is | 10 | | found upon
the register of voters by the person having charge | 11 | | thereof, shall (i) present to the judges of election for | 12 | | verification of the person's identity his or her Illinois | 13 | | driver's license, his or her non-driver identification card | 14 | | issued by the Illinois Secretary of State, or another | 15 | | government-issued identification document containing his or | 16 | | her photograph, (ii) then
be questioned by one of the judges as | 17 | | to his nativity, his term of
residence at present address, | 18 | | precinct, State and United States, his
age, whether naturalized | 19 | | and if so the date of naturalization papers and
court from | 20 | | which secured, and (iii) he shall be asked to state his | 21 | | residence
when last previously registered and the date of the | 22 | | election for which
he then registered. The judges of elections | 23 | | shall check each application
for ballot against the list of | 24 | | voters registered in that precinct to whom
grace period, | 25 | | absentee, and early ballots have been issued for that election, |
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| 1 | | which shall
be provided
by the election authority and which | 2 | | list shall be available for inspection
by pollwatchers. A voter | 3 | | applying to vote in
the precinct on
election day whose name | 4 | | appears on the list as having been issued a grace period, | 5 | | absentee,
or early ballot shall not be permitted to vote in the | 6 | | precinct, except that a voter to whom an absentee ballot was | 7 | | issued may vote in the precinct if the voter submits to the | 8 | | election judges that absentee ballot for cancellation. If the | 9 | | voter is unable to submit the absentee ballot, it shall be | 10 | | sufficient for the voter to submit to the election judges (i) a | 11 | | portion of the absentee ballot if the absentee ballot was torn | 12 | | or mutilated or (ii) an affidavit executed before the election | 13 | | judges specifying that (A) the voter never received an absentee | 14 | | ballot or (B) the voter completed and returned an absentee | 15 | | ballot and was informed that the election authority did not | 16 | | receive that absentee ballot.
If such person
so registered | 17 | | shall be challenged as disqualified, the party challenging
| 18 | | shall assign his reasons therefor, and thereupon one of the | 19 | | judges shall
administer to him an oath to answer questions, and | 20 | | if he shall take the
oath he shall then be questioned by the | 21 | | judge or judges touching such cause
of challenge, and touching | 22 | | any other cause of disqualification. And he may
also be | 23 | | questioned by the person challenging him in regard to his
| 24 | | qualifications and identity. But if a majority of the judges | 25 | | are of the
opinion that he is the person so registered and a | 26 | | qualified voter, his vote
shall then be received accordingly. |
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| 1 | | But if his vote be rejected by such
judges, such person may | 2 | | afterward produce and deliver an affidavit to such
judges, | 3 | | subscribed and sworn to by him before one of the judges, in | 4 | | which
it shall be stated how long he has resided in such | 5 | | precinct, and state;
that he is a citizen of the United States, | 6 | | and is a duly qualified voter in
such precinct, and that he is | 7 | | the identical person so registered.
In addition to such an | 8 | | affidavit, the person so challenged shall provide
to the judges | 9 | | of election proof of residence by producing 2 forms of
| 10 | | identification showing the person's current residence address, | 11 | | provided
that such identification may include a lease or | 12 | | contract for a residence and not more than one piece of mail | 13 | | addressed to the person at his current residence address and
| 14 | | postmarked not earlier than 30 days prior to the date of the
| 15 | | election, or the person shall procure a witness personally | 16 | | known to the
judges of election, and resident in the precinct | 17 | | (or district), or who
shall be proved by some legal voter of | 18 | | such precinct or district, known to
the judges to be such, who | 19 | | shall take the oath following, viz:
| 20 | | I do solemnly swear (or affirm) that I am a resident of | 21 | | this election
precinct (or district), and entitled to vote at | 22 | | this election, and that I
have been a resident of this State | 23 | | for 30 days last past, and am well
acquainted with the person | 24 | | whose vote is now offered; that he is an actual
and bona fide | 25 | | resident of this election precinct (or district), and has
| 26 | | resided herein 30 days, and as I verily believe, in this State, |
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| 1 | | 30 days
next preceding this election.
| 2 | | The oath in each case may be administered by one of the | 3 | | judges of
election, or by any officer, resident in the precinct | 4 | | or district,
authorized by law to administer oaths. Also | 5 | | supported by an affidavit by a
registered voter residing in | 6 | | such precinct, stating his own residence, and
that he knows | 7 | | such person; and that he does reside at the place mentioned
and | 8 | | has resided in such precinct and state for the length of time | 9 | | as stated
by such person, which shall be subscribed and sworn | 10 | | to in the same way.
For purposes of this Section, the | 11 | | submission of a photo identification issued by a college or | 12 | | university, accompanied by either (i) a copy of the applicant's | 13 | | contract or lease for a residence or (ii) one piece of mail | 14 | | addressed to the person at his or her current residence address | 15 | | and postmarked not earlier than 30 days prior to the date of | 16 | | the election, shall be sufficient to establish proof of | 17 | | residence. Whereupon the vote of such person shall be received, | 18 | | and entered as other
votes. But such judges, having charge of | 19 | | such registers, shall state in
their respective books the facts | 20 | | in such case, and the affidavits, so
delivered to the judges, | 21 | | shall be preserved and returned to the office of
the | 22 | | commissioners of election. Blank affidavits of the character | 23 | | aforesaid
shall be sent out to the judges of all the precincts, | 24 | | and the judges of
election shall furnish the same on demand and | 25 | | administer the oaths without
criticism. Such oaths, if | 26 | | administered by any other officer than such judge
of election, |
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| 1 | | shall not be received. Whenever a proposal for a
constitutional | 2 | | amendment or for the calling of a constitutional convention
is | 3 | | to be voted upon at the election, the separate blue ballot or | 4 | | ballots
pertaining thereto shall be placed on top of the other | 5 | | ballots to be voted
at the election in such manner that the | 6 | | legend appearing on the back
thereof, as prescribed in Section | 7 | | 16-6 of this Act, shall be plainly
visible to the voter, and in | 8 | | this fashion the ballots shall be handed to
the voter by the | 9 | | judge.
| 10 | | Immediately after voting, the voter shall be instructed | 11 | | whether the voting equipment, if used, accepted or rejected the | 12 | | ballot or identified the ballot as under-voted. A voter whose | 13 | | ballot is identified as under-voted for a statewide | 14 | | constitutional office may return to the voting booth and | 15 | | complete the voting of that ballot. A voter whose ballot is not | 16 | | accepted by the voting equipment may, upon surrendering the | 17 | | ballot, request and vote another ballot. The voter's | 18 | | surrendered ballot shall be initialed by the election judge and | 19 | | handled as provided in the appropriate Article governing that | 20 | | voting equipment. | 21 | | The voter shall, upon quitting the voting booth, deliver to | 22 | | one of
the judges of election all of the ballots, properly | 23 | | folded, which he
received. The judge of election to whom the | 24 | | voter delivers his ballots
shall not accept the same unless all | 25 | | of the ballots given to the voter
are returned by him. If a | 26 | | voter delivers less than all of the ballots
given to him, the |
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| 1 | | judge to whom the same are offered shall advise him in
a voice | 2 | | clearly audible to the other judges of election that the voter
| 3 | | must return the remainder of the ballots. The statement of the | 4 | | judge to
the voter shall clearly express the fact that the | 5 | | voter is not required
to vote such remaining ballots but that | 6 | | whether or not he votes them he
must fold and deliver them to | 7 | | the judge. In making such statement the
judge of election shall | 8 | | not indicate by word, gesture or intonation of
voice that the | 9 | | unreturned ballots shall be voted in any particular
manner. No | 10 | | new voter shall be permitted to enter the voting booth of a
| 11 | | voter who has failed to deliver the total number of ballots | 12 | | received by
him until such voter has returned to the voting | 13 | | booth pursuant to the
judge's request and again quit the booth | 14 | | with all of the ballots
required to be returned by him. Upon | 15 | | receipt of all such ballots the
judges of election shall enter | 16 | | the name of the voter, and his number, as
above provided in | 17 | | this Section, and the judge to whom the ballots are
delivered | 18 | | shall immediately put the ballots into the ballot box. If any
| 19 | | voter who has failed to deliver all the ballots received by him | 20 | | refuses
to return to the voting booth after being advised by | 21 | | the judge of
election as herein provided, the judge shall | 22 | | inform the other judges of
such refusal, and thereupon the | 23 | | ballot or ballots returned to the judge
shall be deposited in | 24 | | the ballot box, the voter shall be permitted to
depart from the | 25 | | polling place, and a new voter shall be permitted to
enter the | 26 | | voting booth.
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| 1 | | The judge of election who receives the ballot or ballots | 2 | | from the
voter shall announce the residence and name of such | 3 | | voter in a loud
voice. The judge shall put the ballot or | 4 | | ballots received from the voter
into the ballot box in the | 5 | | presence of the voter and the judges of
election, and in plain | 6 | | view of the public. The judges having charge of
such registers | 7 | | shall then, in a column prepared thereon, in the same
line of, | 8 | | the name of the voter, mark "Voted" or the letter "V".
| 9 | | No judge of election shall accept from any voter less than | 10 | | the full
number of ballots received by such voter without first | 11 | | advising the
voter in the manner above provided of the | 12 | | necessity of returning all of
the ballots, nor shall any such | 13 | | judge advise such voter in a manner
contrary to that which is | 14 | | herein permitted, or in any other manner
violate the provisions | 15 | | of this Section; provided, that the acceptance by
a judge of | 16 | | election of less than the full number of ballots delivered to
a | 17 | | voter who refuses to return to the voting booth after being | 18 | | properly
advised by such judge shall not be a violation of this | 19 | | Section.
| 20 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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