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essential election management functions, including but |
not limited to production of voter lists, processing of |
absentee voters, production of individual, pre-printed |
applications to vote, administration of election |
judges, and polling place administration, but shall |
not prevent any election authority from using |
information from that election authority's own |
systems.
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(4) The registration information maintained by each |
election authority shall at all times be synchronized with |
that authority's information on the statewide list on a |
constant, real-time basis.
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To protect the privacy and confidentiality of voter |
registration information, the disclosure of any portion of the |
centralized statewide voter registration list to any person or |
entity other than to a State or local political committee and |
other than to a governmental entity for a governmental purpose |
is specifically prohibited.
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(10 ILCS 5/18A-5)
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Sec. 18A-5. Provisional voting; general provisions.
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(a) A person who claims to be a registered voter is |
entitled to cast a
provisional ballot under the following |
circumstances:
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(1) The person's name does not appear on the official |
list of eligible
voters, whether a list of active or |
inactive voters, for the precinct in which
the person seeks |
to vote. The official list is the centralized statewide |
voter registration list established and maintained in |
accordance with Section 1A-25;
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(2) The person's voting status has been challenged by |
an election judge, a
pollwatcher, or any legal voter and |
that challenge has been sustained by a
majority of the |
election judges; or
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(3) A federal or State court order extends the time for |
closing the polls
beyond the time period established by |
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State law and the person votes during the
extended time |
period.
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(b) The procedure for obtaining and casting a provisional |
ballot at the
polling place
shall be as follows:
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(1) An election judge at the polling place shall notify |
a person who is
entitled to cast a provisional ballot |
pursuant to subsection (a)
that he or she may cast a |
provisional ballot in that election.
An election judge
must |
accept any information provided by a person who casts a |
provisional ballot
that the person believes supports his or |
her claim that he or she is a duly
registered voter and |
qualified to vote in the election.
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(2) The person shall execute a written form provided by |
the
election judge that shall state or contain all of the |
following:
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(i) an affidavit stating the following:
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State of Illinois, County of ................, |
Township
.............,
Precinct ........, Ward |
........, I, ......................., do solemnly
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swear (or affirm) that: I am a citizen of the United |
States; I am 18 years of
age or older; I have resided |
in this State and in this precinct for 30 days
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preceding this election; I have not voted in this |
election; I am a duly
registered voter in every |
respect; and I am eligible to vote in this election.
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Signature ...... Printed Name of Voter ....... Printed |
Residence
Address of Voter ...... City
...... State |
.... Zip Code ..... Telephone Number ...... Date of |
Birth .......
and Driver's License Number ....... Last |
4 digits of Social
Security
Number ...... or State |
Identification Card
Number.
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(ii) Written instruction stating the following:
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In order to expedite the verification of your voter |
registration
status, the .... (insert name of county |
clerk of board of election
commissioners here) |
requests that you include your phone number and
both |
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the last four digits of your social security number and |
your driver's
license number or State Identification |
Card Number
issued to you by the Secretary of State.
At |
minimum, you are required to include either (A) your |
driver's license
number or State Identification Card |
Number
issued to you by the Secretary of State
or (B) |
the last
4 digits of your social security number.
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(iii) A box for the election judge to check one of the |
3 reasons why the
person was given a provisional ballot |
under subsection (a) of Section 18A-5.
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(iv) An area for the election judge to affix his or her |
signature and to
set forth any facts that support or oppose |
the allegation that the person is
not qualified to vote in |
the precinct in which the person is seeking to vote.
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The written affidavit form described in this subsection |
(b)(2) must be
printed on a multi-part form prescribed by the |
county clerk or board of
election commissioners, as the case |
may be.
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(3) After the person executes the portion of the written |
affidavit described
in subsection (b)(2)(i) of this Section, |
the election judge shall complete the
portion of the written |
affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
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(4) The election judge shall give a copy of the completed |
written affidavit
to the person. The election judge shall place |
the original written affidavit in
a self-adhesive clear plastic |
packing list envelope that must be attached to a
separate |
envelope marked as a "provisional ballot envelope". The |
election judge
shall also place any information provided by the |
person who casts a provisional
ballot in the clear plastic |
packing list envelope. Each county clerk or board
of election |
commissioners, as the case may be,
must design, obtain or |
procure self-adhesive clear plastic packing list
envelopes and |
provisional ballot envelopes that are suitable for |
implementing
this subsection (b)(4) of this Section.
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(5) The election judge shall provide the person with a |
provisional ballot,
written instructions for casting a |
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provisional ballot, and the provisional
ballot envelope with |
the clear plastic packing list envelope affixed to it,
which |
contains the person's original written affidavit and, if any, |
information
provided by the provisional voter to support his or |
her claim that he or she is
a duly registered voter. An |
election judge must also give the person written
information |
that states that any person who casts a provisional ballot |
shall be
able to ascertain, pursuant to guidelines established |
by the State Board of
Elections, whether the provisional vote |
was counted in the official canvass of
votes for that election |
and, if the provisional vote was not counted, the
reason that |
the vote was not counted.
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(6) After the person has completed marking his or her |
provisional ballot, he
or she shall place the marked ballot |
inside of the provisional ballot envelope,
close and seal the |
envelope, and return the envelope to an election judge, who
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shall then deposit the sealed provisional ballot envelope into |
a securable
container separately identified and utilized for |
containing sealed provisional
ballot envelopes. Upon the |
closing of the polls, the securable container shall
be
sealed |
with filament tape provided for that purpose, which shall be |
wrapped
around the box lengthwise and crosswise, at least twice |
each way, and each of
the election judges shall sign the seal.
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(c) Instead of the affidavit form described in subsection |
(b), the county
clerk or board of election commissioners, as |
the case may be, may design and
use a multi-part affidavit form |
that is imprinted upon or attached to the
provisional ballot |
envelope described in subsection (b). If a county clerk or
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board of election commissioners elects to design and use its |
own multi-part
affidavit form, then the county clerk or board |
of election commissioners shall
establish a mechanism for |
accepting any information the provisional voter has
supplied to |
the election judge to support his or her claim that he or she |
is a
duly registered voter. In all other respects, a county |
clerk or board of
election commissioners shall establish |
procedures consistent with subsection
(b).
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(d) The county clerk or board of election commissioners, as |
the case may be,
shall use the completed affidavit form |
described in subsection (b) to update
the person's voter |
registration information in the State voter registration
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database and voter registration database of the county clerk or |
board of
election commissioners, as the case may be. If a |
person is later determined not
to be a registered voter based |
on Section 18A-15 of this Code, then the
affidavit shall be |
processed by the county clerk or board of election
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commissioners, as the case may be, as a voter registration |
application.
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(Source: P.A. 93-574, eff. 8-21-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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