State of Illinois
92nd General Assembly
Legislation

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92_HB2316

 
                                               LRB9206260MWks

 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 7-44, 17-9, and 18-5 as follows:

 6        (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
 7        Sec. 7-44. Any person desiring to vote at a primary shall
 8    state  his  name,  residence  and  party  affiliation  to the
 9    primary judges, one of whom shall thereupon announce the same
10    in a distinct tone of voice, sufficiently loud to be heard by
11    all persons in the polling place. When article 4, 5 or  6  is
12    applicable   the  Certificate  of  Registered  Voter  therein
13    prescribed shall be made and signed  and  the  official  poll
14    record  shall  be made. If the person desiring to vote is not
15    challenged, one of the primary judges shall give to him  one,
16    and  only  one,  primary  ballot  of the political party with
17    which he declares himself affiliated, on the  back  of  which
18    such  primary judge shall endorse his initials in such manner
19    that they may be seen when the  primary  ballot  is  properly
20    folded. If the person desiring to vote is challenged he shall
21    not receive a primary ballot from the primary judges until he
22    shall  have  established  his  right  to  vote as hereinafter
23    provided.  No  person  who  refuses  to   state   his   party
24    affiliation shall be allowed to vote at a primary.
25        Copies  of  a  list  of registered voters in the precinct
26    must be prepared and posted in a  least  2  places  near  the
27    voting  booths.   At  least  once  every hour until the polls
28    close, one of the judges of elections must draw a line with a
29    pen or indelible pencil through the name of each  person  who
30    has voted.
31        A  person  who  declares  his  party  affiliation  with a
 
                            -2-                LRB9206260MWks
 1    statewide established political party and requests a  primary
 2    ballot  of  such  party  may  nonetheless  also  declare  his
 3    affiliation  with a political party established only within a
 4    political subdivision, and may also vote in  the  primary  of
 5    such local party on the same election day, provided that such
 6    voter  may not vote in both such party primaries with respect
 7    to offices of the same political  subdivision.   However,  no
 8    person declaring his affiliation with a statewide established
 9    political  party  may  vote  in  the  primary  of  any  other
10    statewide political party on the same election day.
11    (Source: P.A. 81-1535.)

12        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
13        Sec.  17-9.   Any  person desiring to vote shall give his
14    name and, if required to do so, his residence to  the  judges
15    of election, one of whom shall thereupon announce the same in
16    a  loud  and  distinct tone of voice, clear, and audible; the
17    judges of elections shall check each application  for  ballot
18    against  the  list  of  voters registered in that precinct to
19    whom absentee ballots have been  issued  for  that  election,
20    which  shall  be provided by the election authority and which
21    list shall be available for inspection  by  pollwatchers.   A
22    voter  applying to vote in the precinct on election day whose
23    name appears on the list as having been  issued  an  absentee
24    ballot  shall not be permitted to vote in the precinct unless
25    that  voter  submits  to  the   judges   of   election,   for
26    cancellation  or revocation, his absentee ballot. In the case
27    that the voter's  absentee  ballot  is  not  present  in  the
28    polling  place,  it shall be sufficient for any such voter to
29    submit to the judges of election  in  lieu  of  his  absentee
30    ballot, either a portion of such ballot if torn or mutilated,
31    an   affidavit   executed   before  the  judges  of  election
32    specifying that the voter never received an absentee  ballot,
33    or  an  affidavit  executed  before  the  judges  of election
 
                            -3-                LRB9206260MWks
 1    specifying that the voter desires to  cancel  or  revoke  any
 2    absentee  ballot that may have been cast in the voter's name.
 3    All applicable provisions of Articles 4,  5  or  6  shall  be
 4    complied  with  and  if such name is found on the register of
 5    voters  by  the  officer  having  charge  thereof,  he  shall
 6    likewise repeat said name, and the voter shall be allowed  to
 7    enter  within  the  proximity  of the voting booths, as above
 8    provided.  One of the judges shall give the  voter  one,  and
 9    only  one  of each ballot to be voted at the election, on the
10    back of which ballots such judge shall indorse  his  initials
11    in such manner that they may be seen when each such ballot is
12    properly  folded,  and  the voter's name shall be immediately
13    checked on the register list. In those election jurisdictions
14    where perforated ballot cards are utilized  of  the  type  on
15    which  write-in  votes can be cast above the perforation, the
16    election authority shall provide a space both above and below
17    the perforation for the judge's initials, and the judge shall
18    endorse his or her  initials  in  both  spaces.   Whenever  a
19    proposal for a constitutional amendment or for the calling of
20    a  constitutional  convention  is  to  be  voted  upon at the
21    election, the separate  blue  ballot  or  ballots  pertaining
22    thereto  shall,  when being handed to the voter, be placed on
23    top of the other ballots to be voted at the election in  such
24    manner  that  the  legend  appearing  on the back thereof, as
25    prescribed in Section 16-6 of  this  Act,  shall  be  plainly
26    visible  to the voter.  At all elections, when a registry may
27    be required, if the name of any person so desiring to vote at
28    such election is not found on the register of voters,  he  or
29    she  shall  not  receive  a ballot until he or she shall have
30    complied with the law prescribing the manner  and  conditions
31    of  voting by unregistered voters.  If any person desiring to
32    vote at any election shall be challenged, he or she shall not
33    receive a ballot until he or she shall have  established  his
34    right  to  vote in the manner provided hereinafter; and if he
 
                            -4-                LRB9206260MWks
 1    or she shall be challenged after he has received his  ballot,
 2    he  shall  not be permitted to vote until he or she has fully
 3    complied  with  such  requirements  of  the  law  upon  being
 4    challenged.  Besides the election officer, not  more  than  2
 5    voters  in  excess  of  the  whole  number  of  voting booths
 6    provided shall be allowed within the proximity of the  voting
 7    booths  at  one  time.  The provisions of this Act, so far as
 8    they require the registration of voters  as  a  condition  to
 9    their  being  allowed  to  vote  shall  not  apply to persons
10    otherwise entitled to vote, who  are,  at  the  time  of  the
11    election,  or  at  any  time  within  60  days  prior to such
12    election have been engaged in the military or  naval  service
13    of  the  United  States,  and  who  appear  personally at the
14    polling place on election day and produce to  the  judges  of
15    election  satisfactory evidence thereof, but such persons, if
16    otherwise qualified to vote, shall be permitted  to  vote  at
17    such election without previous registration.
18        All such persons shall also make an affidavit which shall
19    be in substantially the following form:
20    State of Illinois,)
21                      ) ss.
22    County of ........)
23    ............... Precinct   .......... Ward
24        I,  ....,  do  solemnly  swear  (or  affirm)  that I am a
25    citizen of the United States, of the age of 18 years or over,
26    and that within the past 60 days prior to the  date  of  this
27    election  at which I am applying to vote, I have been engaged
28    in the .... (military or naval) service of the United States;
29    and I am qualified  to  vote  under  and  by  virtue  of  the
30    Constitution and laws of the State of Illinois, and that I am
31    a  legally  qualified  voter of this precinct and ward except
32    that I have, because of such service, been unable to register
33    as a voter; that I now reside  at  ....  (insert  street  and
34    number,  if  any)  in  this  precinct  and  ward; that I have
 
                            -5-                LRB9206260MWks
 1    maintained a legal residence in this precinct and ward for 30
 2    days 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        The affidavit of any such person shall  be  supported  by
 8    the  affidavit  of a resident and qualified voter of any such
 9    precinct and ward, which affidavit shall be in  substantially
10    the following form:
11    State of Illinois,)
12                      ) ss.
13    County of ........)
14    ........... Precinct   ........... Ward
15        I,  ....,  do  solemnly  swear  (or  affirm), that I am a
16    resident of this precinct and ward and entitled  to  vote  at
17    this  election;  that  I am acquainted with .... (name of the
18    applicant); that I verily believe him to be  an  actual  bona
19    fide  resident  of  this  precinct and ward and that I verily
20    believe that he or  she  has  maintained  a  legal  residence
21    therein 30 days and in this State 30 days next preceding this
22    election.
23                                        .........................
24        Subscribed and sworn to before me on (insert date).
25                                        .........................
26                                               Judge of Election.

27        All  affidavits made under the provisions of this Section
28    shall be enclosed in a separate envelope securely sealed, and
29    shall be transmitted with the returns of the elections to the
30    county clerk or to the board of election  commissioners,  who
31    shall  preserve  the  said  affidavits  for  the  period of 6
32    months, during which period such affidavits shall  be  deemed
33    public  records  and  shall  be freely open to examination as
 
                            -6-                LRB9206260MWks
 1    such.
 2        Copies of a list of registered  voters  in  the  precinct
 3    must  be  prepared  and  posted  in a least 2 places near the
 4    voting booths.  At least once  every  hour  until  the  polls
 5    close, one of the judges of elections must draw a line with a
 6    pen  or  indelible pencil through the name of each person who
 7    has voted.
 8    (Source: P.A. 91-357, eff. 7-29-99.)

 9        (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
10        Sec. 18-5.  Any person desiring to vote and whose name is
11    found upon the register of voters by the person having charge
12    thereof, shall then be questioned by one of the judges as  to
13    his  nativity,  his  term  of  residence  at present address,
14    precinct,  State  and  United  States,   his   age,   whether
15    naturalized  and  if so the date of naturalization papers and
16    court from which secured, and he shall be asked to state  his
17    residence when last previously registered and the date of the
18    election   for  which  he  then  registered.  The  judges  of
19    elections shall check each application for ballot against the
20    list of voters registered in that precinct to  whom  absentee
21    ballots  have  been  issued for that election, which shall be
22    provided by the election authority and which  list  shall  be
23    available for inspection by pollwatchers. A voter applying to
24    vote  in  the  precinct on election day whose name appears on
25    the list as having been issued an absentee ballot  shall  not
26    be  permitted  to  vote  in  the  precinct  unless that voter
27    submits to  the  judges  of  election,  for  cancellation  or
28    revocation,  his  absentee  ballot.   In  the  case  that the
29    voter's absentee ballot is not present in the polling  place,
30    it  shall  be  sufficient for any such voter to submit to the
31    judges of election in lieu of his absentee ballot,  either  a
32    portion  of  such  ballot  if torn or mutilated, an affidavit
33    executed before the judges of election  specifying  that  the
 
                            -7-                LRB9206260MWks
 1    voter  never  received  an  absentee  ballot, or an affidavit
 2    executed before the judges of election  specifying  that  the
 3    voter  desires  to  cancel or revoke any absentee ballot that
 4    may have been cast in the voter's name.  If  such  person  so
 5    registered  shall  be  challenged  as disqualified, the party
 6    challenging shall assign his reasons therefor, and  thereupon
 7    one  of  the judges shall administer to him an oath to answer
 8    questions, and if he shall take the oath  he  shall  then  be
 9    questioned  by  the  judge  or  judges touching such cause of
10    challenge, and touching any other cause of  disqualification.
11    And  he  may also be questioned by the person challenging him
12    in regard to  his  qualifications  and  identity.  But  if  a
13    majority  of  the  judges  are  of the opinion that he is the
14    person so registered and a qualified voter,  his  vote  shall
15    then  be received accordingly. But if his vote be rejected by
16    such judges, such person may afterward produce and deliver an
17    affidavit to such judges, subscribed  and  sworn  to  by  him
18    before  one  of  the  judges, in which it shall be stated how
19    long he has resided in such precinct, and state; that he is a
20    citizen of the United States, and is a duly  qualified  voter
21    in  such  precinct,  and  that  he is the identical person so
22    registered. In addition to such an affidavit, the  person  so
23    challenged  shall  provide to the judges of election proof of
24    residence by producing 2 forms of identification showing  the
25    person's   current  residence  address,  provided  that  such
26    identification to the person at his current residence address
27    and postmarked not earlier than 30 days prior to the date  of
28    the   election,   or  the  person  shall  procure  a  witness
29    personally known to the judges of election, and  resident  in
30    the  precinct  (or  district), or who shall be proved by some
31    legal voter of such precinct or district, known to the judges
32    to be such, who shall take the oath following, viz:
33        I do solemnly swear (or affirm) that I am a  resident  of
34    this election precinct (or district), and entitled to vote at
 
                            -8-                LRB9206260MWks
 1    this  election, and that I have been a resident of this State
 2    for 30 days last past, and am well acquainted with the person
 3    whose vote is now offered; that he is an actual and bona fide
 4    resident of this election precinct  (or  district),  and  has
 5    resided  herein  30  days,  and  as I verily believe, in this
 6    State, 30 days next preceding this election.
 7        The oath in each case may be administered by one  of  the
 8    judges  of  election,  or  by  any  officer,  resident in the
 9    precinct or district, authorized by law to administer  oaths.
10    Also supported by an affidavit by a registered voter residing
11    in  such  precinct,  stating  his  own residence, and that he
12    knows such person; and that  he  does  reside  at  the  place
13    mentioned  and has resided in such precinct and state for the
14    length of time as stated  by  such  person,  which  shall  be
15    subscribed  and  sworn to in the same way. Whereupon the vote
16    of such person shall be received, and entered as other votes.
17    But such judges, having charge of such registers, shall state
18    in their respective books the facts in  such  case,  and  the
19    affidavits,  so  delivered  to the judges, shall be preserved
20    and returned to the office of the commissioners of  election.
21    Blank affidavits of the character aforesaid shall be sent out
22    to  the  judges  of  all  the  precincts,  and  the judges of
23    election shall furnish the same on demand and administer  the
24    oaths  without  criticism. Such oaths, if administered by any
25    other officer than such  judge  of  election,  shall  not  be
26    received.  Whenever a proposal for a constitutional amendment
27    or for the calling of a constitutional convention  is  to  be
28    voted  upon  at  the  election,  the  separate blue ballot or
29    ballots pertaining thereto shall be  placed  on  top  of  the
30    other ballots to be voted at the election in such manner that
31    the  legend  appearing  on the back thereof, as prescribed in
32    Section 16-6 of this Act, shall be  plainly  visible  to  the
33    voter, and in this fashion the ballots shall be handed to the
34    voter by the judge.
 
                            -9-                LRB9206260MWks
 1        Copies  of  a  list  of registered voters in the precinct
 2    must be prepared and posted in a  least  2  places  near  the
 3    voting  booths.   At  least  once  every hour until the polls
 4    close, one of the judges of elections must draw a line with a
 5    pen or indelible pencil through the name of each  person  who
 6    has voted.
 7        The  voter shall, upon quitting the voting booth, deliver
 8    to one of the judges of election all of the ballots, properly
 9    folded, which he received. The judge of election to whom  the
10    voter  delivers  his ballots shall not accept the same unless
11    all of the ballots given to the voter are returned by him. If
12    a voter delivers less than all of the ballots given  to  him,
13    the  judge to whom the same are offered shall advise him in a
14    voice clearly audible to the other judges  of  election  that
15    the  voter  must  return  the  remainder  of the ballots. The
16    statement of the judge to the voter shall clearly express the
17    fact that the voter is not required to  vote  such  remaining
18    ballots  but  that  whether or not he votes them he must fold
19    and deliver them to the judge. In making such  statement  the
20    judge  of  election  shall  not  indicate by word, gesture or
21    intonation of voice that  the  unreturned  ballots  shall  be
22    voted  in  any  particular  manner.  No  new  voter  shall be
23    permitted to enter the voting booth of a voter who has failed
24    to deliver the total number of ballots received by him  until
25    such  voter  has returned to the voting booth pursuant to the
26    judge's request and again quit the  booth  with  all  of  the
27    ballots  required  to be returned by him. Upon receipt of all
28    such ballots the judges of election shall enter the  name  of
29    the voter, and his number, as above provided in this section,
30    and  the  judge  to  whom  the  ballots  are  delivered shall
31    immediately put the ballots into the ballot box. If any voter
32    who has failed to deliver all the  ballots  received  by  him
33    refuses  to return to the voting booth after being advised by
34    the judge of election as herein  provided,  the  judge  shall
 
                            -10-               LRB9206260MWks
 1    inform  the  other  judges of such refusal, and thereupon the
 2    ballot or ballots returned to the judge shall be deposited in
 3    the ballot box, the voter shall be permitted to  depart  from
 4    the  polling  place,  and  a  new voter shall be permitted to
 5    enter the voting booth.
 6        The judge of election who receives the ballot or  ballots
 7    from  the voter shall announce the residence and name of such
 8    voter in a loud voice. The judge  shall  put  the  ballot  or
 9    ballots  received  from  the voter into the ballot box in the
10    presence of the voter and the  judges  of  election,  and  in
11    plain  view  of  the public. The judges having charge of such
12    registers shall then, in a column prepared  thereon,  in  the
13    same  line  of,  the  name  of the voter, mark "Voted" or the
14    letter "V".
15        No judge of election shall accept  from  any  voter  less
16    than  the  full  number  of  ballots  received  by such voter
17    without first advising the voter in the manner above provided
18    of the necessity of returning all of the ballots,  nor  shall
19    any such judge advise such voter in a manner contrary to that
20    which is herein permitted, or in any other manner violate the
21    provisions  of this section; provided, that the acceptance by
22    a judge of election of less than the full number  of  ballots
23    delivered  to  a  voter  who  refuses to return to the voting
24    booth after being properly advised by such judge shall not be
25    a violation of this Section.
26    (Source: P.A. 89-653, eff. 8-14-96.)

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