97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3058

 

Introduced 2/23/2011, by Rep. Randy Ramey, Jr.

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-11 new
10 ILCS 5/3-6 new
10 ILCS 5/17-9  from Ch. 46, par. 17-9
10 ILCS 5/18-5  from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35

    Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions.


LRB097 08522 HLH 48649 b

 

 

A BILL FOR

 

HB3058LRB097 08522 HLH 48649 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
6Sections 1-11 and 3-6 as follows:
 
7    (10 ILCS 5/1-11 new)
8    Sec. 1-11. Voter Identification Card.
9    (a) Issuance. The Secretary of State shall issue a voter
10identification card to each registered voter who does not have
11an acceptable form of photo identification card as defined in
12Section 3-6. The card shall include at least: (i) the voter's
13name, signature, and photograph; (ii) the State seal; and (iii)
14the voter's current residence address. A Voter Identification
15Card is valid for as long as the registered voter maintains the
16name and residence on the card. A Voter Identification Card may
17not be used for any purpose other than to vote in Illinois.
18    (b) Intent and purpose. It is the intent of the General
19Assembly to provide the Secretary of State with guidance on how
20to issue the Voter Identification Card to those individuals who
21do not have an acceptable form of photo identification as
22defined in Section 3-6.
23    (c) Application for the Voter Identification Card. Within a

 

 

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1reasonable time after the effective date of this amendatory Act
2of the 97th General Assembly, the Secretary of State shall
3provide application forms for the Voter Identification Card.
4Any registered voter who meets the criteria set forth in this
5Section and who provides the proper documentation required
6under subsection (d) shall receive a Voter Identification Card.
7    (d) Documentation required. The Secretary of State shall
8require the presentation and verification of the following
9information for issuance of a Voter Registration Card:
10        (1) A photo identity document, except that a non-photo
11    identity document, as defined in subsection (e), is
12    acceptable if it includes both the applicant's name and
13    date of birth.
14        (2) Documentation showing the applicant's date of
15    birth.
16        (3) Evidence of voter registration.
17        (4) Documentation, as defined in subsection (f),
18    showing the applicant's name and principal residence
19    address.
20    (e) Non-photo identity document. A non-photo identity
21document must include the applicant's name and date of birth.
22Any of the following shall constitute a non-photo identity
23document in lieu of a photo identity document:
24        (1) Original birth certificate or certified copy of a
25    birth certificate.
26        (2) Voter registration card.

 

 

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1        (3) Copy of records filed in court by the applicant or
2    on behalf of the applicant by the applicant's counsel.
3        (4) Naturalization document.
4        (5) Copy of marriage license.
5        (6) Copy of State or federal tax return filed for the
6    previous calendar year.
7        (7) An original of the annual Social Security statement
8    received by the applicant for the current or preceding
9    calendar year.
10        (8) An original of a Medicare or Medicaid statement
11    received by the applicant.
12        (9) Certified school record or transcript for the
13    current or preceding calendar year.
14    (f) Documentation of name and address. Any of the following
15documents shall be acceptable as documentation of the
16applicant's name and current address:
17        (1) Voter registration card.
18        (2) Utility bill or cable bill.
19        (3) Bank statement issued within the last 60 days.
20        (4) Valid and current rental agreements.
21        (5) Copy of State or federal tax return for the
22    previous calendar year.
23        (6) Homeowner's insurance policy or bill for current or
24    preceding year.
25        (7) Mortgage, deed, or property tax bill for current or
26    preceding year.

 

 

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1        (8) W-2 for preceding calendar year.
2    (g) Exemptions. Voters who are indigent and unable to
3obtain a Voter Identification Card without a fee and voters who
4have a religious objection to being photographed may vote a
5provisional ballot and sign an affidavit that indicates one of
6the exemptions stated in this subsection. An indigent person is
7defined as an individual whose income is 125% or less of
8current federal poverty income guidelines.
 
9    (10 ILCS 5/3-6 new)
10    Sec. 3-6. Acceptable forms of photo identification for
11voting purposes. As used in this Code, acceptable forms of
12photo identification for voting purposes include:
13        (1) Illinois Driver's License.
14        (2) State Identification Card.
15        (3) Illinois Disabled Person Identification Card.
16        (4) Senior Citizen Identification Card.
17        (5) FOID Card.
18        (6) U.S. Passport with current address.
19        (7) Any other government-issued identification card
20    that includes name, current photograph, and current
21    address.
22    All photo identification cards must be valid and current.
 
23    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
24    Sec. 17-9. Any person desiring to vote shall (i) present to

 

 

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1the judges of election for verification of the person's
2identity a government-issued photo identification card, as
3defined in Section 3-6, or his or her Voter Identification Card
4and (ii) give his name and, if required to do so, his residence
5to the judges of election, one of whom shall thereupon announce
6the same in a loud and distinct tone of voice, clear, and
7audible; the judges of elections shall check each application
8for ballot against the list of voters registered in that
9precinct to whom grace period, absentee, or early ballots have
10been issued for that election, which shall be provided by the
11election authority and which list shall be available for
12inspection by pollwatchers. A voter applying to vote in the
13precinct on election day whose name appears on the list as
14having been issued a grace period, absentee, or early ballot
15shall not be permitted to vote in the precinct, except that a
16voter to whom an absentee ballot was issued may vote in the
17precinct if the voter submits to the election judges that
18absentee ballot for cancellation. If the voter is unable to
19submit the absentee ballot, it shall be sufficient for the
20voter to submit to the election judges (i) a portion of the
21absentee ballot if the absentee ballot was torn or mutilated or
22(ii) an affidavit executed before the election judges
23specifying that (A) the voter never received an absentee ballot
24or (B) the voter completed and returned an absentee ballot and
25was informed that the election authority did not receive that
26absentee ballot. All applicable provisions of Articles 4, 5 or

 

 

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16 shall be complied with and if such name is found on the
2register of voters by the officer having charge thereof, he
3shall likewise repeat said name, and the voter shall be allowed
4to enter within the proximity of the voting booths, as above
5provided. One of the judges shall give the voter one, and only
6one of each ballot to be voted at the election, on the back of
7which ballots such judge shall indorse his initials in such
8manner that they may be seen when each such ballot is properly
9folded, and the voter's name shall be immediately checked on
10the register list. In those election jurisdictions where
11perforated ballot cards are utilized of the type on which
12write-in votes can be cast above the perforation, the election
13authority shall provide a space both above and below the
14perforation for the judge's initials, and the judge shall
15endorse his or her initials in both spaces. Whenever a proposal
16for a constitutional amendment or for the calling of a
17constitutional convention is to be voted upon at the election,
18the separate blue ballot or ballots pertaining thereto shall,
19when being handed to the voter, be placed on top of the other
20ballots to be voted at the election in such manner that the
21legend appearing on the back thereof, as prescribed in Section
2216-6 of this Act, shall be plainly visible to the voter. At all
23elections, when a registry may be required, if the name of any
24person so desiring to vote at such election is not found on the
25register of voters, he or she shall not receive a ballot until
26he or she shall have complied with the law prescribing the

 

 

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1manner and conditions of voting by unregistered voters. If any
2person desiring to vote at any election shall be challenged, he
3or she shall not receive a ballot until he or she shall have
4established his right to vote in the manner provided
5hereinafter; and if he or she shall be challenged after he has
6received his ballot, he shall not be permitted to vote until he
7or she has fully complied with such requirements of the law
8upon being challenged. Besides the election officer, not more
9than 2 voters in excess of the whole number of voting booths
10provided shall be allowed within the proximity of the voting
11booths at one time. The provisions of this Act, so far as they
12require the registration of voters as a condition to their
13being allowed to vote shall not apply to persons otherwise
14entitled to vote, who are, at the time of the election, or at
15any time within 60 days prior to such election have been
16engaged in the military or naval service of the United States,
17and who appear personally at the polling place on election day
18and produce to the judges of election satisfactory evidence
19thereof, but such persons, if otherwise qualified to vote,
20shall be permitted to vote at such election without previous
21registration.
22    All such persons shall also make an affidavit which shall
23be in substantially the following form:
24State of Illinois,)
25                  ) ss.
26County of ........)

 

 

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1............... Precinct   .......... Ward
2    I, ...., do solemnly swear (or affirm) that I am a citizen
3of the United States, of the age of 18 years or over, and that
4within the past 60 days prior to the date of this election at
5which I am applying to vote, I have been engaged in the ....
6(military or naval) service of the United States; and I am
7qualified to vote under and by virtue of the Constitution and
8laws of the State of Illinois, and that I am a legally
9qualified voter of this precinct and ward except that I have,
10because of such service, been unable to register as a voter;
11that I now reside at .... (insert street and number, if any) in
12this precinct and ward; that I have maintained a legal
13residence in this precinct and ward for 30 days and in this
14State 30 days next preceding this election.
15
.........................
16    Subscribed and sworn to before me on (insert date).
17
.........................
18
Judge of Election.

 
19    The affidavit of any such person shall be supported by the
20affidavit of a resident and qualified voter of any such
21precinct and ward, which affidavit shall be in substantially
22the following form:
23State of Illinois,)
24                  ) ss.
25County of ........)

 

 

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1........... Precinct   ........... Ward
2    I, ...., do solemnly swear (or affirm), that I am a
3resident of this precinct and ward and entitled to vote at this
4election; that I am acquainted with .... (name of the
5applicant); that I verily believe him to be an actual bona fide
6resident of this precinct and ward and that I verily believe
7that he or she has maintained a legal residence therein 30 days
8and in this State 30 days next preceding this election.
9
.........................
10    Subscribed and sworn to before me on (insert date).
11
.........................
12
Judge of Election.

 
13    All affidavits made under the provisions of this Section
14shall be enclosed in a separate envelope securely sealed, and
15shall be transmitted with the returns of the elections to the
16county clerk or to the board of election commissioners, who
17shall preserve the said affidavits for the period of 6 months,
18during which period such affidavits shall be deemed public
19records and shall be freely open to examination as such.
20(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
21    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
22    Sec. 18-5. Any person desiring to vote and whose name is
23found upon the register of voters by the person having charge
24thereof, shall (i) present to the judges of election for

 

 

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1verification of the person's identity a government-issued
2photo identification card, as defined in Section 3-6, or his or
3her Voter Identification Card, (ii) shall then be questioned by
4one of the judges as to his nativity, his term of residence at
5present address, precinct, State and United States, his age,
6whether naturalized and if so the date of naturalization papers
7and court from which secured, and (iii) he shall be asked to
8state his residence when last previously registered and the
9date of the election for which he then registered. The judges
10of elections shall check each application for ballot against
11the list of voters registered in that precinct to whom grace
12period, absentee, and early ballots have been issued for that
13election, which shall be provided by the election authority and
14which list shall be available for inspection by pollwatchers. A
15voter applying to vote in the precinct on election day whose
16name appears on the list as having been issued a grace period,
17absentee, or early ballot shall not be permitted to vote in the
18precinct, except that a voter to whom an absentee ballot was
19issued may vote in the precinct if the voter submits to the
20election judges that absentee ballot for cancellation. If the
21voter is unable to submit the absentee ballot, it shall be
22sufficient for the voter to submit to the election judges (i) a
23portion of the absentee ballot if the absentee ballot was torn
24or mutilated or (ii) an affidavit executed before the election
25judges specifying that (A) the voter never received an absentee
26ballot or (B) the voter completed and returned an absentee

 

 

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1ballot and was informed that the election authority did not
2receive that absentee ballot. If such person so registered
3shall be challenged as disqualified, the party challenging
4shall assign his reasons therefor, and thereupon one of the
5judges shall administer to him an oath to answer questions, and
6if he shall take the oath he shall then be questioned by the
7judge or judges touching such cause of challenge, and touching
8any other cause of disqualification. And he may also be
9questioned by the person challenging him in regard to his
10qualifications and identity. But if a majority of the judges
11are of the opinion that he is the person so registered and a
12qualified voter, his vote shall then be received accordingly.
13But if his vote be rejected by such judges, such person may
14afterward produce and deliver an affidavit to such judges,
15subscribed and sworn to by him before one of the judges, in
16which it shall be stated how long he has resided in such
17precinct, and state; that he is a citizen of the United States,
18and is a duly qualified voter in such precinct, and that he is
19the identical person so registered. In addition to such an
20affidavit, the person so challenged shall provide to the judges
21of election proof of residence by producing 2 forms of
22identification showing the person's current residence address,
23provided that such identification may include a lease or
24contract for a residence and not more than one piece of mail
25addressed to the person at his current residence address and
26postmarked not earlier than 30 days prior to the date of the

 

 

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1election, or the person shall procure a witness personally
2known to the judges of election, and resident in the precinct
3(or district), or who shall be proved by some legal voter of
4such precinct or district, known to the judges to be such, who
5shall take the oath following, viz:
6    I do solemnly swear (or affirm) that I am a resident of
7this election precinct (or district), and entitled to vote at
8this election, and that I have been a resident of this State
9for 30 days last past, and am well acquainted with the person
10whose vote is now offered; that he is an actual and bona fide
11resident of this election precinct (or district), and has
12resided herein 30 days, and as I verily believe, in this State,
1330 days next preceding this election.
14    The oath in each case may be administered by one of the
15judges of election, or by any officer, resident in the precinct
16or district, authorized by law to administer oaths. Also
17supported by an affidavit by a registered voter residing in
18such precinct, stating his own residence, and that he knows
19such person; and that he does reside at the place mentioned and
20has resided in such precinct and state for the length of time
21as stated by such person, which shall be subscribed and sworn
22to in the same way. For purposes of this Section, the
23submission of a photo identification issued by a college or
24university, accompanied by either (i) a copy of the applicant's
25contract or lease for a residence or (ii) one piece of mail
26addressed to the person at his or her current residence address

 

 

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1and postmarked not earlier than 30 days prior to the date of
2the election, shall be sufficient to establish proof of
3residence. Whereupon the vote of such person shall be received,
4and entered as other votes. But such judges, having charge of
5such registers, shall state in their respective books the facts
6in such case, and the affidavits, so delivered to the judges,
7shall be preserved and returned to the office of the
8commissioners of election. Blank affidavits of the character
9aforesaid shall be sent out to the judges of all the precincts,
10and the judges of election shall furnish the same on demand and
11administer the oaths without criticism. Such oaths, if
12administered by any other officer than such judge of election,
13shall not be received. Whenever a proposal for a constitutional
14amendment or for the calling of a constitutional convention is
15to be voted upon at the election, the separate blue ballot or
16ballots pertaining thereto shall be placed on top of the other
17ballots to be voted at the election in such manner that the
18legend appearing on the back thereof, as prescribed in Section
1916-6 of this Act, shall be plainly visible to the voter, and in
20this fashion the ballots shall be handed to the voter by the
21judge.
22    Immediately after voting, the voter shall be instructed
23whether the voting equipment, if used, accepted or rejected the
24ballot or identified the ballot as under-voted. A voter whose
25ballot is identified as under-voted for a statewide
26constitutional office may return to the voting booth and

 

 

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1complete the voting of that ballot. A voter whose ballot is not
2accepted by the voting equipment may, upon surrendering the
3ballot, request and vote another ballot. The voter's
4surrendered ballot shall be initialed by the election judge and
5handled as provided in the appropriate Article governing that
6voting equipment.
7    The voter shall, upon quitting the voting booth, deliver to
8one of the judges of election all of the ballots, properly
9folded, which he received. The judge of election to whom the
10voter delivers his ballots shall not accept the same unless all
11of the ballots given to the voter are returned by him. If a
12voter delivers less than all of the ballots given to him, the
13judge to whom the same are offered shall advise him in a voice
14clearly audible to the other judges of election that the voter
15must return the remainder of the ballots. The statement of the
16judge to the voter shall clearly express the fact that the
17voter is not required to vote such remaining ballots but that
18whether or not he votes them he must fold and deliver them to
19the judge. In making such statement the judge of election shall
20not indicate by word, gesture or intonation of voice that the
21unreturned ballots shall be voted in any particular manner. No
22new voter shall be permitted to enter the voting booth of a
23voter who has failed to deliver the total number of ballots
24received by him until such voter has returned to the voting
25booth pursuant to the judge's request and again quit the booth
26with all of the ballots required to be returned by him. Upon

 

 

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1receipt of all such ballots the judges of election shall enter
2the name of the voter, and his number, as above provided in
3this Section, and the judge to whom the ballots are delivered
4shall immediately put the ballots into the ballot box. If any
5voter who has failed to deliver all the ballots received by him
6refuses to return to the voting booth after being advised by
7the judge of election as herein provided, the judge shall
8inform the other judges of such refusal, and thereupon the
9ballot or ballots returned to the judge shall be deposited in
10the ballot box, the voter shall be permitted to depart from the
11polling place, and a new voter shall be permitted to enter the
12voting booth.
13    The judge of election who receives the ballot or ballots
14from the voter shall announce the residence and name of such
15voter in a loud voice. The judge shall put the ballot or
16ballots received from the voter into the ballot box in the
17presence of the voter and the judges of election, and in plain
18view of the public. The judges having charge of such registers
19shall then, in a column prepared thereon, in the same line of,
20the name of the voter, mark "Voted" or the letter "V".
21    No judge of election shall accept from any voter less than
22the full number of ballots received by such voter without first
23advising the voter in the manner above provided of the
24necessity of returning all of the ballots, nor shall any such
25judge advise such voter in a manner contrary to that which is
26herein permitted, or in any other manner violate the provisions

 

 

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1of this Section; provided, that the acceptance by a judge of
2election of less than the full number of ballots delivered to a
3voter who refuses to return to the voting booth after being
4properly advised by such judge shall not be a violation of this
5Section.
6(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
7    (10 ILCS 5/18A-5)
8    Sec. 18A-5. Provisional voting; general provisions.
9    (a) A person who claims to be a registered voter is
10entitled to cast a provisional ballot under the following
11circumstances:
12        (1) The person's name does not appear on the official
13    list of eligible voters for the precinct in which the
14    person seeks to vote. The official list is the centralized
15    statewide voter registration list established and
16    maintained in accordance with Section 1A-25;
17        (2) The person's voting status has been challenged by
18    an election judge, a pollwatcher, or any legal voter and
19    that challenge has been sustained by a majority of the
20    election judges;
21        (3) A federal or State court order extends the time for
22    closing the polls beyond the time period established by
23    State law and the person votes during the extended time
24    period; or
25        (4) The voter registered to vote by mail and is

 

 

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1    required by law to present identification when voting
2    either in person or, in the case of a voter who registered
3    by mail, when voting by absentee ballot, but fails to
4    provide an acceptable form of photo identification as
5    described in Section 3-6 do so.
6    (b) The procedure for obtaining and casting a provisional
7ballot at the polling place shall be as follows:
8        (1) After first verifying through an examination of the
9    precinct register that the person's address is within the
10    precinct boundaries, an election judge at the polling place
11    shall notify a person who is entitled to cast a provisional
12    ballot pursuant to subsection (a) that he or she may cast a
13    provisional ballot in that election. An election judge must
14    accept any information provided by a person who casts a
15    provisional ballot that the person believes supports his or
16    her claim that he or she is a duly registered voter and
17    qualified to vote in the election. However, if the person's
18    residence address is outside the precinct boundaries, the
19    election judge shall inform the person of that fact, give
20    the person the appropriate telephone number of the election
21    authority in order to locate the polling place assigned to
22    serve that address, and instruct the person to go to the
23    proper polling place to vote.
24        (2) The person shall execute a written form provided by
25    the election judge that shall state or contain all of the
26    following that is available:

 

 

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1        (i) an affidavit stating the following:
2            State of Illinois, County of ................,
3        Township ............., Precinct ........, Ward
4        ........, I, ......................., do solemnly
5        swear (or affirm) that: I am a citizen of the United
6        States; I am 18 years of age or older; I have resided
7        in this State and in this precinct for 30 days
8        preceding this election; I have not voted in this
9        election; I am a duly registered voter in every
10        respect; and I am eligible to vote in this election.
11        Signature ...... Printed Name of Voter ....... Printed
12        Residence Address of Voter ...... City ...... State
13        .... Zip Code ..... Telephone Number ...... Date of
14        Birth ....... and Illinois Driver's License Number
15        ....... or Last 4 digits of Social Security Number
16        ...... or State Identification Card Number issued to
17        you by the Illinois Secretary of State........
18        (ii) A box for the election judge to check one of the 3
19    reasons why the person was given a provisional ballot under
20    subsection (a) of Section 18A-5.
21        (iii) An area for the election judge to affix his or
22    her signature and to set forth any facts that support or
23    oppose the allegation that the person is not qualified to
24    vote in the precinct in which the person is seeking to
25    vote.
26    The written affidavit form described in this subsection

 

 

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1(b)(2) must be printed on a multi-part form prescribed by the
2county clerk or board of election commissioners, as the case
3may be.
4    (3) After the person executes the portion of the written
5affidavit described in subsection (b)(2)(i) of this Section,
6the election judge shall complete the portion of the written
7affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
8    (4) The election judge shall give a copy of the completed
9written affidavit to the person. The election judge shall place
10the original written affidavit in a self-adhesive clear plastic
11packing list envelope that must be attached to a separate
12envelope marked as a "provisional ballot envelope". The
13election judge shall also place any information provided by the
14person who casts a provisional ballot in the clear plastic
15packing list envelope. Each county clerk or board of election
16commissioners, as the case may be, must design, obtain or
17procure self-adhesive clear plastic packing list envelopes and
18provisional ballot envelopes that are suitable for
19implementing this subsection (b)(4) of this Section.
20    (5) The election judge shall provide the person with a
21provisional ballot, written instructions for casting a
22provisional ballot, and the provisional ballot envelope with
23the clear plastic packing list envelope affixed to it, which
24contains the person's original written affidavit and, if any,
25information provided by the provisional voter to support his or
26her claim that he or she is a duly registered voter. An

 

 

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1election judge must also give the person written information
2that states that any person who casts a provisional ballot
3shall be able to ascertain, pursuant to guidelines established
4by the State Board of Elections, whether the provisional vote
5was counted in the official canvass of votes for that election
6and, if the provisional vote was not counted, the reason that
7the vote was not counted.
8    (6) After the person has completed marking his or her
9provisional ballot, he or she shall place the marked ballot
10inside of the provisional ballot envelope, close and seal the
11envelope, and return the envelope to an election judge, who
12shall then deposit the sealed provisional ballot envelope into
13a securable container separately identified and utilized for
14containing sealed provisional ballot envelopes. Ballots that
15are provisional because they are cast after 7:00 p.m. by court
16order shall be kept separate from other provisional ballots.
17Upon the closing of the polls, the securable container shall be
18sealed with filament tape provided for that purpose, which
19shall be wrapped around the box lengthwise and crosswise, at
20least twice each way, and each of the election judges shall
21sign the seal.
22    (c) Instead of the affidavit form described in subsection
23(b), the county clerk or board of election commissioners, as
24the case may be, may design and use a multi-part affidavit form
25that is imprinted upon or attached to the provisional ballot
26envelope described in subsection (b). If a county clerk or

 

 

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1board of election commissioners elects to design and use its
2own multi-part affidavit form, then the county clerk or board
3of election commissioners shall establish a mechanism for
4accepting any information the provisional voter has supplied to
5the election judge to support his or her claim that he or she
6is a duly registered voter. In all other respects, a county
7clerk or board of election commissioners shall establish
8procedures consistent with subsection (b).
9    (d) The county clerk or board of election commissioners, as
10the case may be, shall use the completed affidavit form
11described in subsection (b) to update the person's voter
12registration information in the State voter registration
13database and voter registration database of the county clerk or
14board of election commissioners, as the case may be. If a
15person is later determined not to be a registered voter based
16on Section 18A-15 of this Code, then the affidavit shall be
17processed by the county clerk or board of election
18commissioners, as the case may be, as a voter registration
19application.
20(Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05;
2194-645, eff. 8-22-05.)
 
22    (10 ILCS 5/18A-15)
23    Sec. 18A-15. Validating and counting provisional ballots.
24    (a) The county clerk or board of election commissioners
25shall complete the validation and counting of provisional

 

 

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1ballots within 14 calendar days of the day of the election. The
2county clerk or board of election commissioners shall have 7
3calendar days from the completion of the validation and
4counting of provisional ballots to conduct its final canvass.
5The State Board of Elections shall complete within 31 calendar
6days of the election or sooner if all the returns are received,
7its final canvass of the vote for all public offices.
8    (b) If a county clerk or board of election commissioners
9determines that all of the following apply, then a provisional
10ballot is valid and shall be counted as a vote:
11        (1) The provisional voter cast the provisional ballot
12    in the correct precinct based on the address provided by
13    the provisional voter. The provisional voter's affidavit
14    shall serve as a change of address request by that voter
15    for registration purposes for the next ensuing election if
16    it bears an address different from that in the records of
17    the election authority;
18        (2) The affidavit executed by the provisional voter
19    pursuant to subsection (b)(2) of Section 18A-5 contains, at
20    a minimum, the provisional voter's first and last name,
21    house number and street name, and signature or mark; and
22        (3) the provisional voter is a registered voter based
23    on information available to the county clerk or board of
24    election commissioners provided by or obtained from any of
25    the following:
26            i. the provisional voter;

 

 

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1            ii. an election judge;
2            iii. the statewide voter registration database
3        maintained by the State Board of Elections;
4            iv. the records of the county clerk or board of
5        election commissioners' database; or
6            v. the records of the Secretary of State.
7    (c) With respect to subsection (b)(3) of this Section, the
8county clerk or board of election commissioners shall
9investigate and record whether or not the specified information
10is available from each of the 5 identified sources. If the
11information is available from one or more of the identified
12sources, then the county clerk or board of election
13commissioners shall seek to obtain the information from each of
14those sources until satisfied, with information from at least
15one of those sources, that the provisional voter is registered
16and entitled to vote. The county clerk or board of election
17commissioners shall use any information it obtains as the basis
18for determining the voter registration status of the
19provisional voter. If a conflict exists among the information
20available to the county clerk or board of election
21commissioners as to the registration status of the provisional
22voter, then the county clerk or board of election commissioners
23shall make a determination based on the totality of the
24circumstances. In a case where the above information equally
25supports or opposes the registration status of the voter, the
26county clerk or board of election commissioners shall decide in

 

 

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1favor of the provisional voter as being duly registered to
2vote. If the statewide voter registration database maintained
3by the State Board of Elections indicates that the provisional
4voter is registered to vote, but the county clerk's or board of
5election commissioners' voter registration database indicates
6that the provisional voter is not registered to vote, then the
7information found in the statewide voter registration database
8shall control the matter and the provisional voter shall be
9deemed to be registered to vote. If the records of the county
10clerk or board of election commissioners indicates that the
11provisional voter is registered to vote, but the statewide
12voter registration database maintained by the State Board of
13Elections indicates that the provisional voter is not
14registered to vote, then the information found in the records
15of the county clerk or board of election commissioners shall
16control the matter and the provisional voter shall be deemed to
17be registered to vote. If the provisional voter's signature on
18his or her provisional ballot request varies from the signature
19on an otherwise valid registration application solely because
20of the substitution of initials for the first or middle name,
21the election authority may not reject the provisional ballot.
22    (d) In validating the registration status of a person
23casting a provisional ballot, the county clerk or board of
24election commissioners shall not require a provisional voter to
25complete any form other than the affidavit executed by the
26provisional voter under subsection (b)(2) of Section 18A-5. In

 

 

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1addition, the county clerk or board of election commissioners
2shall not require all provisional voters or any particular
3class or group of provisional voters to appear personally
4before the county clerk or board of election commissioners or
5as a matter of policy require provisional voters to submit
6additional information to verify or otherwise support the
7information already submitted by the provisional voter. The
8provisional voter may, within 2 calendar days after the
9election, submit additional information to the county clerk or
10board of election commissioners, except that in the case of
11provisional voting under subsection (a)(4) of Section 18A-5,
12the provisional voter has 10 days to provide the county clerk
13or board of election commissioners with the required photo
14identification card. This information must be received by the
15county clerk or board of election commissioners within the
16applicable 2-calendar-day or 10-calendar-day period.
17    (e) If the county clerk or board of election commissioners
18determines that subsection (b)(1), (b)(2), or (b)(3) does not
19apply, then the provisional ballot is not valid and may not be
20counted. The provisional ballot envelope containing the ballot
21cast by the provisional voter may not be opened. The county
22clerk or board of election commissioners shall write on the
23provisional ballot envelope the following: "Provisional ballot
24determined invalid.".
25    (f) If the county clerk or board of election commissioners
26determines that a provisional ballot is valid under this

 

 

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1Section, then the provisional ballot envelope shall be opened.
2The outside of each provisional ballot envelope shall also be
3marked to identify the precinct and the date of the election.
4    (g) Provisional ballots determined to be valid shall be
5counted at the election authority's central ballot counting
6location and shall not be counted in precincts. The provisional
7ballots determined to be valid shall be added to the vote
8totals for the precincts from which they were cast in the order
9in which the ballots were opened. The validation and counting
10of provisional ballots shall be subject to the provisions of
11this Code that apply to pollwatchers. If the provisional
12ballots are a ballot of a punch card voting system, then the
13provisional ballot shall be counted in a manner consistent with
14Article 24A. If the provisional ballots are a ballot of optical
15scan or other type of approved electronic voting system, then
16the provisional ballots shall be counted in a manner consistent
17with Article 24B.
18    (h) As soon as the ballots have been counted, the election
19judges or election officials shall, in the presence of the
20county clerk or board of election commissioners, place each of
21the following items in a separate envelope or bag: (1) all
22provisional ballots, voted or spoiled; (2) all provisional
23ballot envelopes of provisional ballots voted or spoiled; and
24(3) all executed affidavits of the provisional ballots voted or
25spoiled. All provisional ballot envelopes for provisional
26voters who have been determined not to be registered to vote

 

 

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1shall remain sealed. The county clerk or board of election
2commissioners shall treat the provisional ballot envelope
3containing the written affidavit as a voter registration
4application for that person for the next election and process
5that application. The election judges or election officials
6shall then securely seal each envelope or bag, initial the
7envelope or bag, and plainly mark on the outside of the
8envelope or bag in ink the precinct in which the provisional
9ballots were cast. The election judges or election officials
10shall then place each sealed envelope or bag into a box, secure
11and seal it in the same manner as described in item (6) of
12subsection (b) of Section 18A-5. Each election judge or
13election official shall take and subscribe an oath before the
14county clerk or board of election commissioners that the
15election judge or election official securely kept the ballots
16and papers in the box, did not permit any person to open the
17box or otherwise touch or tamper with the ballots and papers in
18the box, and has no knowledge of any other person opening the
19box. For purposes of this Section, the term "election official"
20means the county clerk, a member of the board of election
21commissioners, as the case may be, and their respective
22employees.
23(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
2494-1000, eff. 7-3-06.)
 
25    (10 ILCS 5/19A-35)

 

 

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1    Sec. 19A-35. Procedure for voting.
2    (a) Not more than 23 days before the start of the election,
3the county clerk shall make available to the election official
4conducting early voting by personal appearance a sufficient
5number of early ballots, envelopes, and printed voting
6instruction slips for the use of early voters. The election
7official shall receipt for all ballots received and shall
8return unused or spoiled ballots at the close of the early
9voting period to the county clerk and must strictly account for
10all ballots received. The ballots delivered to the election
11official must include early ballots for each precinct in the
12election authority's jurisdiction and must include separate
13ballots for each political subdivision conducting an election
14of officers or a referendum at that election.
15    (b) In conducting early voting under this Article, the
16election judge or official is required to verify the signature
17of the early voter by comparison with the signature on the
18official registration card, and the judge or official must
19verify (i) the identity of the applicant, (ii) that the
20applicant is a registered voter, (iii) the precinct in which
21the applicant is registered, and (iv) the proper ballots of the
22political subdivision in which the applicant resides and is
23entitled to vote before providing an early ballot to the
24applicant. The applicant's identity must be verified by the
25applicant's presentation of a government-issued photo
26identification card, as defined in Section 3-6, or his or her

 

 

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1Voter Identification Card an Illinois driver's license, a
2non-driver identification card issued by the Illinois
3Secretary of State, a photo identification card issued by a
4university or college, or another government-issued
5identification document containing the applicant's photograph.
6The election judge or official must verify the applicant's
7registration from the most recent poll list provided by the
8election authority, and if the applicant is not listed on that
9poll list, by telephoning the office of the election authority.
10    (b-5) A person requesting an early voting ballot to whom an
11absentee ballot was issued may vote early if the person submits
12that absentee ballot to the judges of election or official
13conducting early voting for cancellation. If the voter is
14unable to submit the absentee ballot, it shall be sufficient
15for the voter to submit to the judges or official (i) a portion
16of the absentee ballot if the absentee ballot was torn or
17mutilated or (ii) an affidavit executed before the judges or
18official specifying that (A) the voter never received an
19absentee ballot or (B) the voter completed and returned an
20absentee ballot and was informed that the election authority
21did not receive that absentee ballot.
22    (b-10) Within one day after a voter casts an early voting
23ballot, the election authority shall transmit the voter's name,
24street address, and precinct, ward, township, and district
25numbers, as the case may be, to the State Board of Elections,
26which shall maintain those names and that information in an

 

 

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1electronic format on its website, arranged by county and
2accessible to State and local political committees.
3    (b-15) Immediately after voting an early ballot, the voter
4shall be instructed whether the voting equipment accepted or
5rejected the ballot or identified that ballot as under-voted
6for a statewide constitutional office. A voter whose ballot is
7identified as under-voted may return to the voting booth and
8complete the voting of that ballot. A voter whose early voting
9ballot is not accepted by the voting equipment may, upon
10surrendering the ballot, request and vote another early voting
11ballot. The voter's surrendered ballot shall be initialed by
12the election judge or official conducting the early voting and
13handled as provided in the appropriate Article governing the
14voting equipment used.
15    (c) The sealed early ballots in their carrier envelope
16shall be delivered by the election authority to the central
17ballot counting location before the close of the polls on the
18day of the election.
19(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)