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Public Act 096-0317
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| HB4077 Enrolled |
LRB096 08375 JAM 18487 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing |
Sections 4-10, 4-105, 5-9, 5-105, 6-37, 6-105, 17-10, 18-5, and |
19A-35 as follows:
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(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
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Sec. 4-10.
Except as herein provided, no person shall be |
registered,
unless he applies in person to a registration |
officer, answers such
relevant questions as may be asked of him |
by the registration officer,
and executes the affidavit of |
registration. The registration officer shall
require the |
applicant to furnish two forms of identification, and except in |
the
case of a homeless individual, one of which must include |
his or her residence
address. These forms of identification |
shall include, but not be limited to,
any of the following: |
driver's license, social security card, public aid
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identification card, utility bill, employee or student |
identification card,
lease or contract for a residence, credit |
card, or a civic, union or professional association membership |
card.
The registration officer shall require a homeless |
individual to furnish
evidence of his or her use of the mailing |
address stated. This use may be
demonstrated by a piece of mail |
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addressed to that individual and received at
that address or by |
a statement from a person authorizing use of the mailing
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address. The registration officer shall require each applicant |
for
registration to read or have read to him the affidavit of |
registration
before permitting him to execute the affidavit.
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One of the registration officers or a deputy registration |
officer,
county clerk, or clerk in the office of the county |
clerk, shall
administer to all persons who shall personally |
apply to register the
following oath or affirmation:
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"You do solemnly swear (or affirm) that you will fully and |
truly
answer all such questions as shall be put to you touching |
your name,
place of residence, place of birth, your |
qualifications as an elector
and your right as such to register |
and vote under the laws of the State
of Illinois."
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The registration officer shall satisfy himself that each |
applicant
for registration is qualified to register before |
registering him. If the
registration officer has reason to |
believe that the applicant is a resident
of a Soldiers' and |
Sailors' Home or any facility which is licensed or certified
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pursuant to the Nursing Home Care Act, the following question |
shall be put,
"When you entered the home which is your present |
address, was it your bona
fide intention to become a resident |
thereof?" Any voter of a township, city,
village or |
incorporated town in which such applicant resides, shall be
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permitted to be present at the place of any precinct |
registration and shall
have the right to challenge any |
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applicant who applies to be registered.
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In case the officer is not satisfied that the applicant is |
qualified
he shall forthwith notify such applicant in writing |
to appear before the
county clerk to complete his registration. |
Upon the card of such
applicant shall be written the word |
"incomplete" and no such applicant
shall be permitted to vote |
unless such registration is satisfactorily
completed as |
hereinafter provided. No registration shall be taken and
marked |
as incomplete if information to complete it can be furnished on
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the date of the original application.
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Any person claiming to be an elector in any election |
precinct and
whose registration card is marked "Incomplete" may |
make and sign an
application in writing, under oath, to the |
county clerk in substance in
the following form:
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"I do solemnly swear that I, ...., did on (insert date) |
make
application to the board of registry of the .... precinct |
of the township of
.... (or to the county clerk of .... county) |
and that said board or clerk
refused to complete my |
registration as a qualified voter in said
precinct. That I |
reside in said precinct, that I intend to reside in said
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precinct, and am a duly qualified voter of said precinct and am |
entitled to be
registered to vote in said precinct at the next |
election.
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(Signature of applicant) ............................."
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All such applications shall be presented to the county |
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clerk or to
his duly authorized representative by the |
applicant, in person between
the hours of 9:00 a.m. and 5:00 |
p.m. on any day after the days on
which the 1969 and 1970 |
precinct re-registrations are held but not on
any day within 27 |
days preceding the ensuing general election and
thereafter for |
the registration provided in Section 4-7 all such
applications |
shall be presented to the county clerk or his duly
authorized |
representative by the applicant in person between the hours
of |
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding |
the
ensuing general election. Such application shall be heard |
by the county
clerk or his duly authorized representative at |
the time the application
is presented. If the applicant for |
registration has registered with the
county clerk, such |
application may be presented to and heard by the
county clerk |
or by his duly authorized representative upon the dates
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specified above or at any time prior thereto designated by the |
county clerk.
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Any otherwise qualified person who is absent from his |
county of
residence either due to business of the United States |
or because he is
temporarily outside the territorial limits of |
the United States may
become registered by mailing an |
application to the county clerk within
the periods of |
registration provided for in this Article, or by simultaneous
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application for absentee registration and absentee ballot as |
provided in
Article 20 of this Code.
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Upon receipt of such application the county clerk shall |
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immediately
mail an affidavit of registration in duplicate, |
which affidavit shall
contain the following and such other |
information as the State Board of
Elections may think it proper |
to require for the identification of the
applicant:
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Name. The name of the applicant, giving surname and first |
or
Christian name in full, and the middle name or the initial |
for such
middle name, if any.
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Sex.
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Residence. The name and number of the street, avenue or |
other
location of the dwelling, and such additional clear and |
definite
description as may be necessary to determine the exact |
location of the
dwelling of the applicant. Where the location |
cannot be determined by
street and number, then the Section, |
congressional township and range
number may be used, or such |
other information as may be necessary,
including post office |
mailing address.
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Term of residence in the State of Illinois and the |
precinct.
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Nativity. The State or country in which the applicant was |
born.
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Citizenship. Whether the applicant is native born or |
naturalized. If
naturalized, the court, place and date of |
naturalization.
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Age. Date of birth, by month, day and year.
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Out of State address of ..........................
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AFFIDAVIT OF REGISTRATION
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State of ...........)
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)ss
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County of ..........)
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I hereby swear (or affirm) that I am a citizen of the |
United States;
that on the day of the next election I shall |
have resided in the State
of Illinois and in the election |
precinct 30 days; that I am
fully qualified to vote, that I am |
not registered to vote anywhere else
in the United States, that |
I intend to remain a resident of the State of
Illinois and of |
the election precinct, that I intend to return to the State
of |
Illinois, and that the above statements are true.
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..............................
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(His or her signature or mark)
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Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
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........................................
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Signature of officer administering oath.
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Upon receipt of the executed duplicate affidavit of |
Registration, the
county clerk shall transfer the information |
contained thereon to
duplicate Registration Cards provided for |
in Section 4-8 of this Article
and shall attach thereto a copy |
of each of the duplicate affidavit of
registration and |
thereafter such registration card and affidavit shall
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constitute the registration of such person the same as if he |
had applied
for registration in person.
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(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
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(10 ILCS 5/4-105)
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Sec. 4-105. First time voting. A person must vote for the |
first time in person and not by a mailed absentee ballot if the |
person registered to vote by mail, unless the person first |
provides the appropriate election authority with sufficient |
proof of identity and the election authority verifies the |
person's proof of identity. Sufficient proof of identity shall |
be demonstrated by submission of the person's driver's license |
number or State identification card number or, if the person |
does not have either of those, verification by the last 4 |
digits of the person's social security number, a copy of a |
current and valid photo identification, or a copy of a current |
utility bill, bank statement, paycheck, government check, or |
other federal, State, or local government document that shows |
the person's name and address. A person may also demonstrate |
sufficient proof of identity by submission of a photo |
identification issued by a college or university accompanied by |
either a copy of the applicant's contract or lease for a |
residence or any postmarked mail delivered to the applicant at |
his or her current residence address. Persons who apply to |
register to vote by mail but provide inadequate proof of |
identity to the election authority shall be notified by the |
election authority that the registration has not been fully |
completed and that the person remains ineligible to vote by |
mail or in person until such proof is presented.
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(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
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(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
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Sec. 5-9.
Except as herein provided, no person shall be |
registered
unless he applies in person to registration officer, |
answers such
relevant questions as may be asked of him by the |
registration officer,
and executes the affidavit of |
registration. The registration officer shall
require the |
applicant to furnish two forms of identification, and except in |
the
case of a homeless individual, one of which must include |
his or her residence
address. These forms of identification |
shall include, but not be limited to,
any of the following: |
driver's license, social security card, public aid
|
identification card, utility bill, employee or student |
identification card,
lease or contract for a residence, credit |
card, or a civic, union or professional association membership |
card.
The registration officer shall require a homeless |
individual to furnish
evidence of his or her use of the mailing |
address stated. This use may be
demonstrated by a piece of mail |
addressed to that individual and received at
that address or by |
a statement from a person authorizing use of the mailing
|
address. The registration officer shall require each applicant |
for registration
to read or have read to him the affidavit of |
registration before permitting him
to execute the affidavit.
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One of the Deputy Registrars, the Judge of Registration, or |
an
Officer of Registration, County Clerk, or clerk in the |
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office of the
County Clerk, shall administer to all persons who |
shall personally apply
to register the following oath or |
affirmation:
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"You do solemnly swear (or affirm) that you will fully and |
truly
answer all such questions as shall be put to you touching |
your place of
residence, name, place of birth, your |
qualifications as an elector and
your right as such to register |
and vote under the laws of the State of
Illinois."
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The Registration Officer shall satisfy himself that each |
applicant
for registration is qualified to register before |
registering him. If the
registration officer has reason to |
believe that the applicant is a resident
of a Soldiers' and |
Sailors' Home or any facility which is licensed or certified
|
pursuant to the Nursing Home Care Act, the following question |
shall be put,
"When you entered the home which is your present |
address, was it your bona fide
intention to become a resident |
thereof?" Any voter of a township, city,
village or |
incorporated town in which such applicant resides, shall be
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permitted to be present at the place of precinct registration, |
and shall have
the right to challenge any applicant who applies |
to be registered.
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In case the officer is not satisfied that the applicant is |
qualified,
he shall forthwith in writing notify such applicant |
to appear before the
County Clerk to furnish further proof of |
his qualifications. Upon the
card of such applicant shall be |
written the word "Incomplete" and no
such applicant shall be |
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permitted to vote unless such registration is
satisfactorily |
completed as hereinafter provided. No registration shall
be |
taken and marked as "incomplete" if information to complete it |
can be
furnished on the date of the original application.
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Any person claiming to be an elector in any election |
precinct in such
township, city, village or incorporated town |
and whose registration is
marked "Incomplete" may make and sign |
an application in writing, under
oath, to the County Clerk in |
substance in the following form:
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"I do solemnly swear that I, .........., did on (insert |
date) make application to the Board of Registry of the ........
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precinct of ........ ward of the City of .... or of the |
......... District
......... Town of .......... (or to the |
County Clerk of .............) and
............ County; that |
said Board or Clerk refused to complete my
registration as a |
qualified voter in said precinct, that I reside in said
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precinct (or that I intend to reside in said precinct), am a |
duly qualified
voter and entitled to vote in said precinct at |
the next election.
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...........................
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(Signature of Applicant)"
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All such applications shall be presented to the County |
Clerk by the
applicant, in person between the hours of nine |
o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of |
the third week subsequent to
the weeks in which the 1961 and |
1962 precinct re-registrations are to be
held, and thereafter |
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for the registration provided in Section 5-17 of
this Article, |
all such applications shall be presented to the County
Clerk by |
the applicant in person between the hours of nine o'clock a.m.
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and nine o'clock p.m. on Monday and Tuesday of the third week
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prior to the date on which such election is to be held.
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Any otherwise qualified person who is absent from his |
county of
residence either due to business of the United States |
or because he is
temporarily outside the territorial limits of |
the United States may
become registered by mailing an |
application to the county clerk within
the periods of |
registration provided for in this Article or by simultaneous
|
application for absentee registration and absentee ballot as |
provided in
Article 20 of this Code.
|
Upon receipt of such application the county clerk shall |
immediately
mail an affidavit of registration in duplicate, |
which affidavit shall
contain the following and such other |
information as the State Board of
Elections may think it proper |
to require for the identification of the
applicant:
|
Name. The name of the applicant, giving surname and first |
or
Christian name in full, and the middle name or the initial |
for such
middle name, if any.
|
Sex.
|
Residence. The name and number of the street, avenue or |
other
location of the dwelling, and such additional clear and |
definite
description as may be necessary to determine the exact |
location of the
dwelling of the applicant. Where the location |
|
cannot be determined by
street and number, then the Section, |
congressional township and range
number may be used, or such |
other information as may be necessary,
including post office |
mailing address.
|
Term of residence in the State of Illinois and the |
precinct.
|
Nativity. The State or country in which the applicant was |
born.
|
Citizenship. Whether the applicant is native born or |
naturalized. If
naturalized, the court, place and date of |
naturalization.
|
Age. Date of birth, by month, day and year.
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Out of State address of ..........................
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AFFIDAVIT OF REGISTRATION
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State of .........)
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)ss
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County of ........)
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I hereby swear (or affirm) that I am a citizen of the |
United States;
that on the day of the next election I shall |
have resided in the State
of Illinois for 6 months and in the |
election precinct 30 days; that I am
fully qualified to vote, |
that I am not registered to vote anywhere else
in the United |
States, that I intend to remain a resident of the State of
|
Illinois and of the election precinct, that I intend to return |
to the State
of Illinois, and that the above statements are |
true.
|
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..............................
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(His or her signature or mark)
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Subscribed and sworn to before me, an officer qualified to |
administer
oaths, on (insert date).
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........................................
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Signature of officer administering oath.
|
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Upon receipt of the executed duplicate affidavit of |
Registration, the
county clerk shall transfer the information |
contained thereon to
duplicate Registration Cards provided for |
in Section 5-7 of this Article
and shall attach thereto a copy |
of each of the duplicate affidavit of
registration and |
thereafter such registration card and affidavit shall
|
constitute the registration of such person the same as if he |
had applied
for registration in person.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(10 ILCS 5/5-105)
|
Sec. 5-105. First time voting. A person must vote for the |
first time in person and not by a mailed absentee ballot if the |
person registered to vote by mail, unless the person first |
provides the appropriate election authority with sufficient |
proof of identity and the election authority verifies the |
person's proof of identity. Sufficient proof of identity shall |
be demonstrated by submission of the person's driver's license |
|
number or State identification card number or, if the person |
does not have either of those, verification by the last 4 |
digits of the person's social security number, a copy of a |
current and valid photo identification, or a copy of a current |
utility bill, bank statement, paycheck, government check, or |
other federal, State, or local government document that shows |
the person's name and address. A person may also demonstrate |
sufficient proof of identity by submission of a photo |
identification issued by a college or university accompanied by |
either a copy of the applicant's contract or lease for a |
residence or any postmarked mail delivered to the applicant at |
his or her current residence address. Persons who apply to |
register to vote by mail but provide inadequate proof of |
identity to the election authority shall be notified by the |
election authority that the registration has not been fully |
completed and that the person remains ineligible to vote by |
mail or in person until such proof is presented.
|
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
|
(10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
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Sec. 6-37.
Except as otherwise provided for in Section 6-29 |
of this
Article, no person shall be registered unless he |
applies in person to a
registration officer, answers such |
relevant questions as may be asked of
him by the registration |
officer, and executes the affidavit of registration.
The |
registration officer shall require the applicant to furnish
two |
|
forms of identification, and except in the case of a homeless |
individual,
one of which must include his or her residence |
address. These forms of
identification shall include, but not |
be limited to, any of the following:
driver's license, social |
security card, public aid identification card, utility
bill, |
employee or student identification card, lease or contract for |
a residence, credit card, or a civic,
union or professional |
association membership card. The registration
officer shall |
require a homeless individual to furnish evidence of his or
her |
use of the mailing address stated. This use may be demonstrated |
by a
piece of mail addressed to that individual and received at |
that address or
by a statement from a person authorizing use of |
the mailing address. The
registration officer shall require |
each applicant for registration to read or
have read to him the |
affidavit of registration before permitting him to execute
the |
affidavit.
|
The registration officer shall satisfy himself that each |
applicant for
registration is qualified to register before |
registering him. Any voter of
the ward, village or incorporated |
town in which such applicant resides,
shall be permitted to be |
present at the place of registration, and shall
have the right |
to challenge any applicant who applies to be registered.
|
In case the officer is not satisfied that the applicant is |
qualified he
shall forthwith in writing notify such applicant |
to appear before the board
of election commissioners to furnish |
further proof of his qualification.
Upon the card of such |
|
applicant shall be written the word "incomplete" and
no such |
applicant shall be permitted to vote unless such registration |
is
satisfactorily completed as hereinafter provided.
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Any person claiming to be an elector in any election |
precinct in such
city, village or incorporated town and whose |
registration is marked
"incomplete" may make and sign an |
application in writing, under oath, to
the board of election |
commissioners in substance in the following form:
|
"I do solemnly swear that I,.... did on .... make |
application to the
board of registry of the .... precinct of |
.... ward of the city of ....(or
to the board of election |
commissioners of ....) and that said board refused
to complete |
my registration as a qualified voter in said precinct, that I
|
reside in said precinct, am a duly qualified voter and entitled |
to vote in
said precinct at the next election.
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....(Signature of Applicant)"
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In all cities, villages or incorporated towns having a |
population of
less than 200,000 all such applications shall be |
presented to the board of
election commissioners by the |
applicant, in person, between the hours of
nine o'clock a.m., |
and five o'clock p.m. on Tuesday or Wednesday of the
second |
week prior to the week in which such election is to be held, |
and in
all municipalities having a population of more than |
200,000 and having a
board of election commissioners and in all |
cities, villages and
incorporated towns within the |
jurisdiction of such board, all such
applications shall be |
|
presented to the board of election commissioners by
the |
applicant, in person between the hours of nine o'clock a.m. and |
five
o'clock p.m., on Monday and Tuesday of the third week |
prior to the week in
which such election is to be held.
|
(Source: P.A. 87-1241.)
|
(10 ILCS 5/6-105)
|
Sec. 6-105. First time voting. A person must vote for the |
first time in person and not by a mailed absentee ballot if the |
person registered to vote by mail, unless the person first |
provides the appropriate election authority with sufficient |
proof of identity and the election authority verifies the |
person's proof of identity. Sufficient proof of identity shall |
be demonstrated by submission of the person's driver's license |
number or State identification card number or, if the person |
does not have either of those, verification by the last 4 |
digits of the person's social security number, a copy of a |
current and valid photo identification, or a copy of a current |
utility bill, bank statement, paycheck, government check, or |
other federal, State, or local government document that shows |
the person's name and address. A person may also demonstrate |
sufficient proof of identity by submission of a photo |
identification issued by a college or university accompanied by |
either a copy of the applicant's contract or lease for a |
residence or any postmarked mail delivered to the applicant at |
his or her current residence address. Persons who apply to |
|
register to vote by mail but provide inadequate proof of |
identity to the election authority shall be notified by the |
election authority that the registration has not been fully |
completed and that the person remains ineligible to vote by |
mail or in person until such proof is presented.
|
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
|
(10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
|
Sec. 17-10.
(a) Whenever, at any election, in any precinct, |
any
person offering to vote is not personally known to the |
judges of
election to have the qualifications required in this |
Act, if his vote is
challenged by a legal voter at such |
election, he or she shall make and
subscribe an affidavit, in |
the following form, which shall be retained
by the judges of |
election, and returned by them affixed to the poll
books or |
with the official poll record:
|
State of Illinois)
|
)ss.
|
County of .......)
|
I, ...., do solemnly swear (or affirm) that I am a citizen |
of the
United States; that I am 18 years of age or over; that I |
have resided in this
State and in this election district 30 |
days next preceding this
election; that I have not voted at |
this election; that I am a duly
qualified voter in every |
respect; that I now reside at (here give the
particular house |
or place of residence, and, if in a town or city, the
street |
|
and number), in this election district; *1. that I registered |
to
vote from said address; *2. that I changed my residence to |
the above
address from ...., both of which are in this election |
district; *3.
that I changed my name from .... to that which I |
have signed below; *4. that
I have not changed my residence but |
my address has changed as a result of
implementation of a 9-1-1 |
emergency telephone system.
|
So help me God, (or "This I do solemnly and sincerely |
affirm", as the
case may be).
|
.........................
|
Subscribed and sworn to before me on (insert date).
|
.........................
|
*1. If registration is not required, draw a line through 1 |
above.
|
*2. Fill in the blank ONLY if you have moved within 2 |
years.
|
*3. Fill in the blank ONLY if you have changed your name |
within 2 years.
|
*4. Fill in the blank ONLY if you have not changed your |
residence but your
address has changed as a result of |
implementation of a 9-1-1 emergency
telephone system.
|
In addition to such an affidavit, the person so challenged |
shall
provide to the judges of election proof of residence by |
producing
two forms of identification showing the person's |
current residence address,
provided that such identification |
|
may include a lease or contract for a residence and not more |
than one
piece of mail addressed to the person at his current |
residence address and
postmarked not earlier than 30 days prior |
to the date of the election, or
the person shall
procure a |
witness personally known to the judges of election, and
|
resident in the precinct (or district), or who shall be proved |
by some
legal voter of such precinct or district, known to the |
judges to be
such, who shall take the oath following, viz:
|
I do solemnly swear (or affirm) that I am a resident of |
this election
precinct (or district), and entitled to vote at |
this election, and that
I have been a resident of this State |
for 30 days last past, and am well
acquainted with the person |
whose vote is now offered; that he is an
actual and bona fide |
resident of this election precinct (or district),
and has |
resided herein 30 days, and as I verily believe, in this State,
|
30 days next preceding this election.
|
The oath in each case may be administered by either of the |
judges of
election, or by any officer, resident in the precinct |
or district,
authorized by law to administer oaths.
|
(b) Whenever, at any regular or special election, in any |
precinct, district,
city, village, incorporated town, town or |
ward, any person offering to vote
has moved therefrom within 30 |
days prior to said regular or special election,
he shall make |
and subscribe an affidavit, in the following form, which shall
|
be supported by
providing to the judges of election proof of |
residence by producing
two forms of identification showing the |
|
person's current residence address,
provided that such |
identification may include not more than one
piece of mail |
addressed to the person at his current residence address and
|
postmarked not earlier than 30 days prior to the date of the |
election, or by
one affidavit of a registered voter in the |
precinct, as provided
herein, both of which shall be retained |
by the judges of election, and
returned by them affixed to the |
poll books or with the official poll record:
|
State of Illinois)
|
)ss.
|
County of .......)
|
I, ........., do solemnly swear (or affirm) that I am a |
citizen of the
United States; that I am 18 years of age; that I |
have not
voted at this election; that prior to 30 days |
preceding this election I
was a duly qualified and registered |
voter in every respect in this election
district; that I have |
recently moved from (here give the particular house
or place of |
residence, and, if in a town or city, the street and number),
|
in this election district; that I now reside at (here give the |
particular
house or place of residence, and, if in a town or |
city, the street and number),
in another election district in |
the State.
|
So help me God, (or "This I do solemnly and sincerely |
affirm", as the
case may be).
|
......................
|
Subscribed and sworn to before me on (insert date).
|
|
......................
|
State of Illinois)
|
)ss.
|
County of .......)
|
......... Precinct ........ Ward
|
I, ........, do solemnly swear (or affirm), that I am a |
resident of this
precinct and entitled to vote at this |
election; that I am acquainted with
.... (name of the |
applicant); that I verily believe him to have been an
actual |
bona fide resident and registered voter of this precinct and |
that
he maintained a legal residence therein, 30 days next |
preceding this election.
|
....................
|
Subscribed and sworn to before me on (insert date).
|
....................
|
Judge of Election.
|
|
The oath may be administered by either of the judges of |
election, or by
any officer, resident in the precinct or |
district, authorized by law to
administer oaths.
|
(c) For purposes of this Section, the submission of a photo |
identification issued by a college or university, accompanied |
by either (i) a copy of the applicant's contract or lease for a |
residence or (ii) one piece of mail addressed to the person at |
his or her current residence address and postmarked not earlier |
|
than 30 days prior to the date of the election, shall be |
sufficient to establish proof of residence. |
(Source: P.A. 90-664, eff. 7-30-98; 91-357, eff. 7-29-99.)
|
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
|
Sec. 18-5. Any person desiring to vote and whose name is |
found upon
the register of voters by the person having charge |
thereof, shall then
be questioned by one of the judges as to |
his nativity, his term of
residence at present address, |
precinct, State and United States, his
age, whether naturalized |
and if so the date of naturalization papers and
court from |
which secured, and he shall be asked to state his residence
|
when last previously registered and the date of the election |
for which
he then registered. The judges of elections shall |
check each application
for ballot against the list of voters |
registered in that precinct to whom
grace period, absentee, and |
early ballots have been issued for that election, which shall
|
be provided
by the election authority and which list shall be |
available for inspection
by pollwatchers. A voter applying to |
vote in
the precinct on
election day whose name appears on the |
list as having been issued a grace period, absentee,
or early |
ballot shall not be permitted to vote in the precinct, except |
that a voter to whom an absentee ballot was issued may vote in |
the precinct if the voter submits to the election judges that |
absentee ballot for cancellation. If the voter is unable to |
submit the absentee ballot, it shall be sufficient for the |
|
voter to submit to the election judges (i) a portion of the |
absentee ballot if the absentee ballot was torn or mutilated or |
(ii) an affidavit executed before the election judges |
specifying that (A) the voter never received an absentee ballot |
or (B) the voter completed and returned an absentee ballot and |
was informed that the election authority did not receive that |
absentee ballot.
If such person
so registered shall be |
challenged as disqualified, the party challenging
shall assign |
his reasons therefor, and thereupon one of the judges shall
|
administer to him an oath to answer questions, and if he shall |
take the
oath he shall then be questioned by the judge or |
judges touching such cause
of challenge, and touching any other |
cause of disqualification. And he may
also be questioned by the |
person challenging him in regard to his
qualifications and |
identity. But if a majority of the judges are of the
opinion |
that he is the person so registered and a qualified voter, his |
vote
shall then be received accordingly. But if his vote be |
rejected by such
judges, such person may afterward produce and |
deliver an affidavit to such
judges, subscribed and sworn to by |
him before one of the judges, in which
it shall be stated how |
long he has resided in such precinct, and state;
that he is a |
citizen of the United States, and is a duly qualified voter in
|
such precinct, and that he is the identical person so |
registered.
In addition to such an affidavit, the person so |
challenged shall provide
to the judges of election proof of |
residence by producing 2 forms of
identification showing the |
|
person's current residence address, provided
that such |
identification may include a lease or contract for a residence |
and not more than one piece of mail addressed to the person at |
his current residence address and
postmarked not earlier than |
30 days prior to the date of the
election, or the person shall |
procure a witness personally known to the
judges of election, |
and resident in the precinct (or district), or who
shall be |
proved by some legal voter of such precinct or district, known |
to
the judges to be such, who shall take the oath following, |
viz:
|
I do solemnly swear (or affirm) that I am a resident of |
this election
precinct (or district), and entitled to vote at |
this election, and that I
have been a resident of this State |
for 30 days last past, and am well
acquainted with the person |
whose vote is now offered; that he is an actual
and bona fide |
resident of this election precinct (or district), and has
|
resided herein 30 days, and as I verily believe, in this State, |
30 days
next preceding this election.
|
The oath in each case may be administered by one of the |
judges of
election, or by any officer, resident in the precinct |
or district,
authorized by law to administer oaths. Also |
supported by an affidavit by a
registered voter residing in |
such precinct, stating his own residence, and
that he knows |
such person; and that he does reside at the place mentioned
and |
has resided in such precinct and state for the length of time |
as stated
by such person, which shall be subscribed and sworn |
|
to in the same way.
For purposes of this Section, the |
submission of a photo identification issued by a college or |
university, accompanied by either (i) a copy of the applicant's |
contract or lease for a residence or (ii) one piece of mail |
addressed to the person at his or her current residence address |
and postmarked not earlier than 30 days prior to the date of |
the election, shall be sufficient to establish proof of |
residence. Whereupon the vote of such person shall be received, |
and entered as other
votes. But such judges, having charge of |
such registers, shall state in
their respective books the facts |
in such case, and the affidavits, so
delivered to the judges, |
shall be preserved and returned to the office of
the |
commissioners of election. Blank affidavits of the character |
aforesaid
shall be sent out to the judges of all the precincts, |
and the judges of
election shall furnish the same on demand and |
administer the oaths without
criticism. Such oaths, if |
administered by any other officer than such judge
of election, |
shall not be received. Whenever a proposal for a
constitutional |
amendment or for the calling of a constitutional convention
is |
to be voted upon at the election, the separate blue ballot or |
ballots
pertaining thereto shall be placed on top of the other |
ballots to be voted
at the election in such manner that the |
legend appearing on the back
thereof, as prescribed in Section |
16-6 of this Act, shall be plainly
visible to the voter, and in |
this fashion the ballots shall be handed to
the voter by the |
judge.
|
|
Immediately after voting, the voter shall be instructed |
whether the voting equipment, if used, accepted or rejected the |
ballot or identified the ballot as under-voted. A voter whose |
ballot is identified as under-voted for a statewide |
constitutional office may return to the voting booth and |
complete the voting of that ballot. A voter whose ballot is not |
accepted by the voting equipment may, upon surrendering the |
ballot, request and vote another ballot. The voter's |
surrendered ballot shall be initialed by the election judge and |
handled as provided in the appropriate Article governing that |
voting equipment. |
The voter shall, upon quitting the voting booth, deliver to |
one of
the judges of election all of the ballots, properly |
folded, which he
received. The judge of election to whom the |
voter delivers his ballots
shall not accept the same unless all |
of the ballots given to the voter
are returned by him. If a |
voter delivers less than all of the ballots
given to him, the |
judge to whom the same are offered shall advise him in
a voice |
clearly audible to the other judges of election that the voter
|
must return the remainder of the ballots. The statement of the |
judge to
the voter shall clearly express the fact that the |
voter is not required
to vote such remaining ballots but that |
whether or not he votes them he
must fold and deliver them to |
the judge. In making such statement the
judge of election shall |
not indicate by word, gesture or intonation of
voice that the |
unreturned ballots shall be voted in any particular
manner. No |
|
new voter shall be permitted to enter the voting booth of a
|
voter who has failed to deliver the total number of ballots |
received by
him until such voter has returned to the voting |
booth pursuant to the
judge's request and again quit the booth |
with all of the ballots
required to be returned by him. Upon |
receipt of all such ballots the
judges of election shall enter |
the name of the voter, and his number, as
above provided in |
this Section, and the judge to whom the ballots are
delivered |
shall immediately put the ballots into the ballot box. If any
|
voter who has failed to deliver all the ballots received by him |
refuses
to return to the voting booth after being advised by |
the judge of
election as herein provided, the judge shall |
inform the other judges of
such refusal, and thereupon the |
ballot or ballots returned to the judge
shall be deposited in |
the ballot box, the voter shall be permitted to
depart from the |
polling place, and a new voter shall be permitted to
enter the |
voting booth.
|
The judge of election who receives the ballot or ballots |
from the
voter shall announce the residence and name of such |
voter in a loud
voice. The judge shall put the ballot or |
ballots received from the voter
into the ballot box in the |
presence of the voter and the judges of
election, and in plain |
view of the public. The judges having charge of
such registers |
shall then, in a column prepared thereon, in the same
line of, |
the name of the voter, mark "Voted" or the letter "V".
|
No judge of election shall accept from any voter less than |
|
the full
number of ballots received by such voter without first |
advising the
voter in the manner above provided of the |
necessity of returning all of
the ballots, nor shall any such |
judge advise such voter in a manner
contrary to that which is |
herein permitted, or in any other manner
violate the provisions |
of this Section; provided, that the acceptance by
a judge of |
election of less than the full number of ballots delivered to
a |
voter who refuses to return to the voting booth after being |
properly
advised by such judge shall not be a violation of this |
Section.
|
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; |
95-699, eff. 11-9-07.)
|
(10 ILCS 5/19A-35)
|
Sec. 19A-35. Procedure for voting.
|
(a) Not more than 23 days before the start of the election, |
the county clerk
shall make available to the election official |
conducting early voting by
personal
appearance a sufficient |
number of early ballots, envelopes, and printed voting
|
instruction slips for the use of early voters. The election |
official shall
receipt for all ballots received and shall |
return unused or spoiled ballots at
the close of the early |
voting period to the county clerk and must strictly
account for |
all ballots received. The ballots delivered to the election
|
official must include early ballots for each precinct in the |
election
authority's jurisdiction and must include separate |
|
ballots for each political
subdivision conducting an election |
of officers or a referendum at that
election.
|
(b) In conducting early voting under this Article, the |
election judge or official is
required to verify the signature |
of the early voter by comparison with the
signature on the
|
official registration card, and the judge or official must |
verify (i) the identity
of the applicant, (ii) that the |
applicant is a registered voter, (iii) the
precinct in which |
the applicant is registered, and (iv) the proper ballots of
the |
political subdivision in which the applicant resides and is |
entitled to
vote before providing an early ballot to the |
applicant.
The applicant's identity must be verified by the |
applicant's presentation of an Illinois driver's license, a |
non-driver identification card issued by the Illinois |
Secretary of State, a photo identification card issued by a |
university or college, or another government-issued |
identification document containing the applicant's photograph. |
The election judge or official
must verify the applicant's |
registration from the most recent poll list
provided by the
|
election authority, and if the applicant is not listed on that |
poll list, by
telephoning the office of the election authority.
|
(b-5) A person requesting an early voting ballot to whom an |
absentee ballot was issued may vote early if the person submits |
that absentee ballot to the judges of election or official |
conducting early voting for cancellation. If the voter is |
unable to submit the absentee ballot, it shall be sufficient |
|
for the voter to submit to the judges or official (i) a portion |
of the absentee ballot if the absentee ballot was torn or |
mutilated or (ii) an affidavit executed before the judges or |
official specifying that (A) the voter never received an |
absentee ballot or (B) the voter completed and returned an |
absentee ballot and was informed that the election authority |
did not receive that absentee ballot. |
(b-10) Within one day after a voter casts an early voting |
ballot, the election authority shall transmit the voter's name, |
street address, and precinct, ward, township, and district |
numbers, as the case may be, to the State Board of Elections, |
which shall maintain those names and that information in an |
electronic format on its website, arranged by county and |
accessible to State and local political committees. |
(b-15) Immediately after voting an early ballot, the voter |
shall be instructed whether the voting equipment accepted or |
rejected the ballot or identified that ballot as under-voted |
for a statewide constitutional office. A voter whose ballot is |
identified as under-voted may return to the voting booth and |
complete the voting of that ballot. A voter whose early voting |
ballot is not accepted by the voting equipment may, upon |
surrendering the ballot, request and vote another early voting |
ballot. The voter's surrendered ballot
shall be initialed by |
the election judge or official conducting the early voting and |
handled as provided in the appropriate
Article governing the |
voting equipment used.
|