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90_HB2814
10 ILCS 5/7-47 from Ch. 46, par. 7-47
10 ILCS 5/17-12 from Ch. 46, par. 17-12
10 ILCS 5/18-5 from Ch. 46, par. 18-5
Amends the Election Code. Provides that the voter (now
the election judge) shall deposit his or her ballot in the
ballot box. Provides that the election judge shall observe
the voter depositing the ballot.
LRB9009129MWmg
LRB9009129MWmg
1 AN ACT to amend the Election Code by changing Sections
2 7-47, 17-2, and 18-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 7-47, 17-2, and 18-5 as follows:
7 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
8 Sec. 7-47. Folding and delivery of ballot; entry in
9 primary pollbook. Before leaving the booth, the primary
10 elector shall fold his primary ballot in such manner as to
11 conceal the marks thereon. The Such voter shall then vote by
12 depositing the forthwith by handing the primary judge the
13 primary ballot received by such voter. Thereupon the primary
14 judge shall deposit such primary ballot in the ballot box.
15 The primary judge shall observe the voter while the ballot is
16 deposited in the ballot box. One of the judges shall
17 thereupon enter in the primary poll book the name of the
18 primary elector, his residence and his party affiliation or
19 shall make the entries on the official poll record as
20 required by articles 4, 5 and 6, if any one of them is
21 applicable.
22 Where voting machines or electronic voting systems are
23 used, the provisions of this Section may be modified as
24 required or authorized by Article 24 or Article 24A,
25 whichever is applicable.
26 (Source: Laws 1965, p. 2220.)
27 (10 ILCS 5/17-12) (from Ch. 46, par. 17-12)
28 Sec. 17-12. Folding and delivery of ballot; entry in
29 pollbook. The ballot shall be folded by the voter and shown
30 delivered to one of the judges of election; and if the judge
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1 be satisfied, that the person offering the vote is a legal
2 voter, the judges of election shall enter the name of the
3 voter, and his number, under the proper heading in the poll
4 books, (except as otherwise provided in Articles 4, 5 or 6)
5 and the voter shall immediately put the ballot into the
6 ballot box. The judge shall observe the voter while the
7 ballot is deposited into the ballot box.
8 The voter shall in like manner fold and show to the
9 judges deliver the separate blue ballot or ballots pertaining
10 to a proposal or proposals for constitutional amendments or
11 the calling of a constitutional convention, if such proposal
12 or proposals have been submitted to a vote of the people at
13 such election and shall also in like manner fold and show to
14 the judges deliver the separate representative ballot
15 provided for in Article 8A in cases where that Article is
16 applicable. The judge of election to whom the voter shows
17 delivers his ballots shall not accept the same unless all of
18 the ballots given to the voter are returned by him. If a
19 voter shows the judge delivers less than all of the ballots
20 given to him, the judge to whom the same are offered shall
21 advise him in a voice clearly audible to the other judges of
22 election that the voter must return the remainder of the
23 ballots. The statement of the judge to the voter shall
24 clearly express the fact that the voter is not required to
25 vote such remaining ballots but that whether or not he votes
26 them he must fold and show deliver them to the judge. In
27 making such statement the judge of election shall not
28 indicate by word, gesture or intonation of voice that the
29 unreturned ballots shall be voted in any particular manner.
30 No new voter shall be permitted to enter the voting booth of
31 a voter who has failed to show the judge deliver the total
32 number of ballots received by him until such voter has
33 returned to the voting booth pursuant to the judge's request
34 and again quit the booth with all of the ballots required to
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1 be returned by him. Upon receipt of all such ballots the
2 judges of election shall enter the name of the voter, and his
3 number, as above provided in this Section, and the voter
4 judge to whom the ballots are delivered shall immediately put
5 the ballots into the ballot box but, in the case of an
6 election for Representatives in the General Assembly pursuant
7 to Article 8A, the official representative ballot shall be
8 placed in the separate ballot box provided for such purpose.
9 If any voter who has failed to show the judges deliver all
10 the ballots received by him refuses to return to the voting
11 booth after being advised by the judge of election as herein
12 provided, the judge shall inform the other judges of such
13 refusal, and thereupon the ballot or ballots shown returned
14 to the judge shall be deposited in the ballot box by the
15 voter, the voter shall be permitted to depart from the
16 polling place, and a new voter shall be permitted to enter
17 the voting booth.
18 No judge of election shall accept from any voter less
19 than the full number of ballots received by such voter
20 without first advising the voter in the manner above provided
21 of the necessity of returning all of the ballots, nor shall
22 any judge advise such voter in a manner contrary to that
23 which is herein permitted, or in any other manner violate the
24 provisions of this Section; provided that the acceptance by a
25 judge of election of less than the full number of ballots
26 delivered to a voter who refuses to return to the voting
27 booth after being properly advised by the judge shall not be
28 a violation of this Section.
29 (Source: Laws 1964, 1st S.S., p. 711.)
30 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
31 Sec. 18-5. Questioning of person desiring to vote; oath;
32 folding and delivery of ballot. Any person desiring to vote
33 and whose name is found upon the register of voters by the
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1 person having charge thereof, shall then be questioned by one
2 of the judges as to his nativity, his term of residence at
3 present address, precinct, State and United States, his age,
4 whether naturalized and if so the date of naturalization
5 papers and court from which secured, and he shall be asked to
6 state his residence when last previously registered and the
7 date of the election for which he then registered. The judges
8 of elections shall check each application for ballot against
9 the list of voters registered in that precinct to whom
10 absentee ballots have been issued for that election, which
11 shall be provided by the election authority and which list
12 shall be available for inspection by pollwatchers. A voter
13 applying to vote in the precinct on election day whose name
14 appears on the list as having been issued an absentee ballot
15 shall not be permitted to vote in the precinct unless that
16 voter submits to the judges of election, for cancellation or
17 revocation, his absentee ballot. In the case that the
18 voter's absentee ballot is not present in the polling place,
19 it shall be sufficient for any such voter to submit to the
20 judges of election in lieu of his absentee ballot, either a
21 portion of such ballot if torn or mutilated, an affidavit
22 executed before the judges of election specifying that the
23 voter never received an absentee ballot, or an affidavit
24 executed before the judges of election specifying that the
25 voter desires to cancel or revoke any absentee ballot that
26 may have been cast in the voter's name. If such person so
27 registered shall be challenged as disqualified, the party
28 challenging shall assign his reasons therefor, and thereupon
29 one of the judges shall administer to him an oath to answer
30 questions, and if he shall take the oath he shall then be
31 questioned by the judge or judges touching such cause of
32 challenge, and touching any other cause of disqualification.
33 And he may also be questioned by the person challenging him
34 in regard to his qualifications and identity. But if a
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1 majority of the judges are of the opinion that he is the
2 person so registered and a qualified voter, his vote shall
3 then be received accordingly. But if his vote be rejected by
4 such judges, such person may afterward produce and deliver an
5 affidavit to such judges, subscribed and sworn to by him
6 before one of the judges, in which it shall be stated how
7 long he has resided in such precinct, and state; that he is a
8 citizen of the United States, and is a duly qualified voter
9 in such precinct, and that he is the identical person so
10 registered. In addition to such an affidavit, the person so
11 challenged shall provide to the judges of election proof of
12 residence by producing 2 forms of identification showing the
13 person's current residence address, provided that such
14 identification to the person at his current residence address
15 and postmarked not earlier than 30 days prior to the date of
16 the election, or the person shall procure a witness
17 personally known to the judges of election, and resident in
18 the precinct (or district), or who shall be proved by some
19 legal voter of such precinct or district, known to the judges
20 to be such, who shall take the oath following, viz:
21 I do solemnly swear (or affirm) that I am a resident of
22 this election precinct (or district), and entitled to vote at
23 this election, and that I have been a resident of this State
24 for 30 days last past, and am well acquainted with the person
25 whose vote is now offered; that he is an actual and bona fide
26 resident of this election precinct (or district), and has
27 resided herein 30 days, and as I verily believe, in this
28 State, 30 days next preceding this election.
29 The oath in each case may be administered by one of the
30 judges of election, or by any officer, resident in the
31 precinct or district, authorized by law to administer oaths.
32 Also supported by an affidavit by a registered voter residing
33 in such precinct, stating his own residence, and that he
34 knows such person; and that he does reside at the place
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1 mentioned and has resided in such precinct and state for the
2 length of time as stated by such person, which shall be
3 subscribed and sworn to in the same way. Whereupon the vote
4 of such person shall be received, and entered as other votes.
5 But such judges, having charge of such registers, shall state
6 in their respective books the facts in such case, and the
7 affidavits, so delivered to the judges, shall be preserved
8 and returned to the office of the commissioners of election.
9 Blank affidavits of the character aforesaid shall be sent out
10 to the judges of all the precincts, and the judges of
11 election shall furnish the same on demand and administer the
12 oaths without criticism. Such oaths, if administered by any
13 other officer than such judge of election, shall not be
14 received. Whenever a proposal for a constitutional amendment
15 or for the calling of a constitutional convention is to be
16 voted upon at the election, the separate blue ballot or
17 ballots pertaining thereto shall be placed on top of the
18 other ballots to be voted at the election in such manner that
19 the legend appearing on the back thereof, as prescribed in
20 Section 16-6 of this Act, shall be plainly visible to the
21 voter, and in this fashion the ballots shall be handed to the
22 voter by the judge.
23 The voter shall, upon quitting the voting booth, show
24 deliver to one of the judges of election all of the ballots,
25 properly folded, which he received. The judge of election to
26 whom the voter shows delivers his ballots shall not accept
27 the same unless all of the ballots given to the voter are
28 returned by him. If a voter shows the judge delivers less
29 than all of the ballots given to him, the judge to whom the
30 same are offered shall advise him in a voice clearly audible
31 to the other judges of election that the voter must return
32 the remainder of the ballots. The statement of the judge to
33 the voter shall clearly express the fact that the voter is
34 not required to vote such remaining ballots but that whether
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1 or not he votes them he must fold and show deliver them to
2 the judge. In making such statement the judge of election
3 shall not indicate by word, gesture or intonation of voice
4 that the unreturned ballots shall be voted in any particular
5 manner. No new voter shall be permitted to enter the voting
6 booth of a voter who has failed to show the judge deliver the
7 total number of ballots received by him until such voter has
8 returned to the voting booth pursuant to the judge's request
9 and again quit the booth with all of the ballots required to
10 be returned by him. Upon receipt of all such ballots the
11 judges of election shall enter the name of the voter, and his
12 number, as above provided in this Section, and the voter
13 judge to whom the ballots are delivered shall immediately put
14 the ballots into the ballot box. If any voter who has failed
15 to return deliver all the ballots received by him refuses to
16 return to the voting booth after being advised by the judge
17 of election as herein provided, the judge shall inform the
18 other judges of such refusal, and thereupon the ballot or
19 ballots shown returned to the judge shall be deposited in the
20 ballot box by the voter, the voter shall be permitted to
21 depart from the polling place, and a new voter shall be
22 permitted to enter the 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 voter judge shall put the ballot
26 or ballots received from the voter into the ballot box in the
27 presence of the voter and the judges of election, and in
28 plain view of the public. The judges having charge of such
29 registers shall then, in a column prepared thereon, in the
30 same line of, the name of the voter, mark "Voted" or the
31 letter "V".
32 No judge of election shall accept from any voter less
33 than the full number of ballots received by such voter
34 without first advising the voter in the manner above provided
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1 of the necessity of returning all of the ballots, nor shall
2 any such judge advise such voter in a manner contrary to that
3 which is herein permitted, or in any other manner violate the
4 provisions of this Section; provided, that the acceptance by
5 a judge of election of less than the full number of ballots
6 delivered to a voter who refuses to return to the voting
7 booth after being properly advised by such judge shall not be
8 a violation of this Section.
9 (Source: P.A. 89-653, eff. 8-14-96.)