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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.)