Illinois General Assembly - Full Text of Public Act 094-0288
Illinois General Assembly

Previous General Assemblies

Public Act 094-0288




Public Act 094-0288
HB1125 Enrolled LRB094 08365 JAM 38558 b

    AN ACT concerning elections.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Election Code is amended by changing
Sections 17-8 and 17-11 as follows:
    (10 ILCS 5/17-8)  (from Ch. 46, par. 17-8)
    Sec. 17-8. The county clerk shall provide in each polling
place, so designated or provided a sufficient number of booths,
which shall be provided with such supplies and conveniences,
including shelves, pens, penholders, ink, blotters and
pencils, as will enable the voter to prepare his ballot for
voting, and in which voters may prepare their ballots screened
from all observation as to the manner in which they do so. They
shall be within plain view of election officers, and both they
and the ballot boxes shall be within plain view of those within
the proximity of the voting booths. Each of said booths shall
have 3 sides enclosed, one side in front, to be closed with a
curtain. Each side of each booth shall be 6 feet 4 inches and
the curtain shall extend within 2 feet of the floor, which
shall be closed while the voter is preparing his ballot. Each
booth shall be at least 32 inches square and shall contain a
shelf at least one foot wide, at a convenient height for
writing. No person other than the election officers and the
challengers allowed by law, and those admitted for the purpose
of voting as herein provided, shall be permitted within the
proximity of the voting booths, (i) except by authority of the
election officers to keep order and enforce the law and (ii)
except that one or more children under the age of 18 may
accompany their parent or guardian into the voting booth as
long as a request to do so is made to the election officers
and, in the sole discretion of the election officers, the child
or children are not likely to disrupt or interfere with the
voting process or influence the casting of a vote. The number
of such voting booths shall not be less than one to every 75
voters or fraction thereof who voted at the last preceding
election in the precinct. The expense of providing booths and
other things required in this Act shall be paid in the same
manner as other election expenses.
    Where electronic voting systems are used, a booth with a
self-contained electronic voting device may be used. Each such
booth shall have 3 sides enclosed and shall be equipped with a
curtain for closing the front of the booth. The curtain must
extend to within 2 feet of the floor. Each side shall be of
such a height, in no event less than 5 feet, one inch, as to
insure the secrecy of the voter. Each booth shall be at least
32 inches square, provided, however, that where a booth is no
more than 23 inches wide and the sides of such booth extend
from a point below the device to a height of 5 feet, one inch,
at the front of the booth, and such booth insures that voters
may prepare their ballots in secrecy, such booth may be used.
(Source: P.A. 89-653, eff. 8-14-96.)
    (10 ILCS 5/17-11)  (from Ch. 46, par. 17-11)
    Sec. 17-11. On receipt of his ballot the voter shall
forthwith, and without leaving the inclosed space, retire
alone, or accompanied by children as provided in Section 17-8,
to one of the voting booths so provided and shall prepare his
ballot by making in the appropriate margin or place a cross (X)
opposite the name of the candidate of his choice for each
office to be filled, or by writing in the name of the candidate
of his choice in a blank space on said ticket, making a cross
(X) opposite thereto; and in case of a question submitted to
the vote of the people, by making in the appropriate margin or
place a cross (X) against the answer he desires to give. A
cross (X) in the square in front of the bracket enclosing the
names of a team of candidates for Governor and Lieutenant
Governor counts as one vote for each of such candidates. Before
leaving the voting booth the voter shall fold his ballot in
such manner as to conceal the marks thereon. He shall then vote
forthwith in the manner herein provided, except that the number
corresponding to the number of the voter on the poll books
shall not be indorsed on the back of his ballot. He shall mark
and deliver his ballot without undue delay, and shall quit said
inclosed space as soon as he has voted. No voter shall be
allowed to occupy a voting booth already occupied by another,
nor remain within said inclosed space more than ten minutes,
nor to occupy a voting booth more than five minutes in case all
of said voting booths are in use and other voters waiting to
occupy the same. No voter not an election officer, shall, after
having voted, be allowed to re-enter said inclosed space during
said election. No person shall take or remove any ballot from
the polling place before the close of the poll. No voter shall
vote or offer to vote any ballot except such as he has received
from the judges of election in charge of the ballots. Any voter
who shall, by accident or mistake, spoil his ballot, may, on
returning said spoiled ballot, receive another in place thereof
only after the word "spoiled" has been written in ink
diagonally across the entire face of the ballot returned by the
    Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 89-700, eff. 1-17-97.)

Effective Date: 1/1/2006