Illinois General Assembly

Previous General Assemblies

Full Text of SB2496  97th General Assembly

SB2496 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2496

 

Introduced 10/12/2011, by Sen. Kyle McCarter - Wm. Sam McCann - Matt Murphy, Dale A. Righter, Darin M. LaHood, et al.

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/17-9  from Ch. 46, par. 17-9
10 ILCS 5/18-5  from Ch. 46, par. 18-5

    Amends the Election Code. Requires that a person seeking to vote on election day present a government-issued photo identification card to the election judge (now, required only when voting early). Effective immediately.


LRB097 13467 HLH 57985 b

 

 

A BILL FOR

 

SB2496LRB097 13467 HLH 57985 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 and 18-5 as follows:
 
6    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
7    Sec. 17-9. Any person desiring to vote shall (i) present to
8the judges of election for verification of the person's
9identity his or her Illinois driver's license, his or her
10non-driver identification card issued by the Illinois
11Secretary of State, or another government-issued
12identification document containing his or her photograph and
13(ii) give his name and, if required to do so, his residence to
14the judges of election, one of whom shall thereupon announce
15the same in a loud and distinct tone of voice, clear, and
16audible; the judges of elections shall check each application
17for ballot against the list of voters registered in that
18precinct to whom grace period, absentee, or early ballots have
19been issued for that election, which shall be provided by the
20election authority and which list shall be available for
21inspection by pollwatchers. A voter applying to vote in the
22precinct on election day whose name appears on the list as
23having been issued a grace period, absentee, or early ballot

 

 

SB2496- 2 -LRB097 13467 HLH 57985 b

1shall not be permitted to vote in the precinct, except that a
2voter to whom an absentee ballot was issued may vote in the
3precinct if the voter submits to the election judges that
4absentee ballot for cancellation. If the voter is unable to
5submit the absentee ballot, it shall be sufficient for the
6voter to submit to the election judges (i) a portion of the
7absentee ballot if the absentee ballot was torn or mutilated or
8(ii) an affidavit executed before the election judges
9specifying that (A) the voter never received an absentee ballot
10or (B) the voter completed and returned an absentee ballot and
11was informed that the election authority did not receive that
12absentee ballot. All applicable provisions of Articles 4, 5 or
136 shall be complied with and if such name is found on the
14register of voters by the officer having charge thereof, he
15shall likewise repeat said name, and the voter shall be allowed
16to enter within the proximity of the voting booths, as above
17provided. One of the judges shall give the voter one, and only
18one of each ballot to be voted at the election, on the back of
19which ballots such judge shall indorse his initials in such
20manner that they may be seen when each such ballot is properly
21folded, and the voter's name shall be immediately checked on
22the register list. In those election jurisdictions where
23perforated ballot cards are utilized of the type on which
24write-in votes can be cast above the perforation, the election
25authority shall provide a space both above and below the
26perforation for the judge's initials, and the judge shall

 

 

SB2496- 3 -LRB097 13467 HLH 57985 b

1endorse his or her initials in both spaces. Whenever a proposal
2for a constitutional amendment or for the calling of a
3constitutional convention is to be voted upon at the election,
4the separate blue ballot or ballots pertaining thereto shall,
5when being handed to the voter, be placed on top of the other
6ballots to be voted at the election in such manner that the
7legend appearing on the back thereof, as prescribed in Section
816-6 of this Act, shall be plainly visible to the voter. At all
9elections, when a registry may be required, if the name of any
10person so desiring to vote at such election is not found on the
11register of voters, he or she shall not receive a ballot until
12he or she shall have complied with the law prescribing the
13manner and conditions of voting by unregistered voters. If any
14person desiring to vote at any election shall be challenged, he
15or she shall not receive a ballot until he or she shall have
16established his right to vote in the manner provided
17hereinafter; and if he or she shall be challenged after he has
18received his ballot, he shall not be permitted to vote until he
19or she has fully complied with such requirements of the law
20upon being challenged. Besides the election officer, not more
21than 2 voters in excess of the whole number of voting booths
22provided shall be allowed within the proximity of the voting
23booths at one time. The provisions of this Act, so far as they
24require the registration of voters as a condition to their
25being allowed to vote shall not apply to persons otherwise
26entitled to vote, who are, at the time of the election, or at

 

 

SB2496- 4 -LRB097 13467 HLH 57985 b

1any time within 60 days prior to such election have been
2engaged in the military or naval service of the United States,
3and who appear personally at the polling place on election day
4and produce to the judges of election satisfactory evidence
5thereof, but such persons, if otherwise qualified to vote,
6shall be permitted to vote at such election without previous
7registration.
8    All such persons shall also make an affidavit which shall
9be in substantially the following form:
10State of Illinois,)
11                  ) ss.
12County of ........)
13............... Precinct   .......... Ward
14    I, ...., do solemnly swear (or affirm) that I am a citizen
15of the United States, of the age of 18 years or over, and that
16within the past 60 days prior to the date of this election at
17which I am applying to vote, I have been engaged in the ....
18(military or naval) service of the United States; and I am
19qualified to vote under and by virtue of the Constitution and
20laws of the State of Illinois, and that I am a legally
21qualified voter of this precinct and ward except that I have,
22because of such service, been unable to register as a voter;
23that I now reside at .... (insert street and number, if any) in
24this precinct and ward; that I have maintained a legal
25residence in this precinct and ward for 30 days and in this
26State 30 days next preceding this election.

 

 

SB2496- 5 -LRB097 13467 HLH 57985 b

1
.........................
2    Subscribed and sworn to before me on (insert date).
3
.........................
4
Judge of Election.

 
5    The affidavit of any such person shall be supported by the
6affidavit of a resident and qualified voter of any such
7precinct and ward, which affidavit shall be in substantially
8the following form:
9State of Illinois,)
10                  ) ss.
11County of ........)
12........... Precinct   ........... Ward
13    I, ...., do solemnly swear (or affirm), that I am a
14resident of this precinct and ward and entitled to vote at this
15election; that I am acquainted with .... (name of the
16applicant); that I verily believe him to be an actual bona fide
17resident of this precinct and ward and that I verily believe
18that he or she has maintained a legal residence therein 30 days
19and in this State 30 days next preceding this election.
20
.........................
21    Subscribed and sworn to before me on (insert date).
22
.........................
23
Judge of Election.

 
24    All affidavits made under the provisions of this Section

 

 

SB2496- 6 -LRB097 13467 HLH 57985 b

1shall be enclosed in a separate envelope securely sealed, and
2shall be transmitted with the returns of the elections to the
3county clerk or to the board of election commissioners, who
4shall preserve the said affidavits for the period of 6 months,
5during which period such affidavits shall be deemed public
6records and shall be freely open to examination as such.
7(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
8    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
9    Sec. 18-5. Any person desiring to vote and whose name is
10found upon the register of voters by the person having charge
11thereof, shall (i) present to the judges of election for
12verification of the person's identity his or her Illinois
13driver's license, his or her non-driver identification card
14issued by the Illinois Secretary of State, or another
15government-issued identification document containing his or
16her photograph, (ii) then be questioned by one of the judges as
17to his nativity, his term of residence at present address,
18precinct, State and United States, his age, whether naturalized
19and if so the date of naturalization papers and court from
20which secured, and (iii) he shall be asked to state his
21residence when last previously registered and the date of the
22election for which he then registered. The judges of elections
23shall check each application for ballot against the list of
24voters registered in that precinct to whom grace period,
25absentee, and early ballots have been issued for that election,

 

 

SB2496- 7 -LRB097 13467 HLH 57985 b

1which shall be provided by the election authority and which
2list shall be available for inspection by pollwatchers. A voter
3applying to vote in the precinct on election day whose name
4appears on the list as having been issued a grace period,
5absentee, or early ballot shall not be permitted to vote in the
6precinct, except that a voter to whom an absentee ballot was
7issued may vote in the precinct if the voter submits to the
8election judges that absentee ballot for cancellation. If the
9voter is unable to submit the absentee ballot, it shall be
10sufficient for the voter to submit to the election judges (i) a
11portion of the absentee ballot if the absentee ballot was torn
12or mutilated or (ii) an affidavit executed before the election
13judges specifying that (A) the voter never received an absentee
14ballot or (B) the voter completed and returned an absentee
15ballot and was informed that the election authority did not
16receive that absentee ballot. If such person so registered
17shall be challenged as disqualified, the party challenging
18shall assign his reasons therefor, and thereupon one of the
19judges shall administer to him an oath to answer questions, and
20if he shall take the oath he shall then be questioned by the
21judge or judges touching such cause of challenge, and touching
22any other cause of disqualification. And he may also be
23questioned by the person challenging him in regard to his
24qualifications and identity. But if a majority of the judges
25are of the opinion that he is the person so registered and a
26qualified voter, his vote shall then be received accordingly.

 

 

SB2496- 8 -LRB097 13467 HLH 57985 b

1But if his vote be rejected by such judges, such person may
2afterward produce and deliver an affidavit to such judges,
3subscribed and sworn to by him before one of the judges, in
4which it shall be stated how long he has resided in such
5precinct, and state; that he is a citizen of the United States,
6and is a duly qualified voter in such precinct, and that he is
7the identical person so registered. In addition to such an
8affidavit, the person so challenged shall provide to the judges
9of election proof of residence by producing 2 forms of
10identification showing the person's current residence address,
11provided that such identification may include a lease or
12contract for a residence and not more than one piece of mail
13addressed to the person at his current residence address and
14postmarked not earlier than 30 days prior to the date of the
15election, or the person shall procure a witness personally
16known to the judges of election, and resident in the precinct
17(or district), or who shall be proved by some legal voter of
18such precinct or district, known to the judges to be such, who
19shall take the oath following, viz:
20    I do solemnly swear (or affirm) that I am a resident of
21this election precinct (or district), and entitled to vote at
22this election, and that I have been a resident of this State
23for 30 days last past, and am well acquainted with the person
24whose vote is now offered; that he is an actual and bona fide
25resident of this election precinct (or district), and has
26resided herein 30 days, and as I verily believe, in this State,

 

 

SB2496- 9 -LRB097 13467 HLH 57985 b

130 days next preceding this election.
2    The oath in each case may be administered by one of the
3judges of election, or by any officer, resident in the precinct
4or district, authorized by law to administer oaths. Also
5supported by an affidavit by a registered voter residing in
6such precinct, stating his own residence, and that he knows
7such person; and that he does reside at the place mentioned and
8has resided in such precinct and state for the length of time
9as stated by such person, which shall be subscribed and sworn
10to in the same way. For purposes of this Section, the
11submission of a photo identification issued by a college or
12university, accompanied by either (i) a copy of the applicant's
13contract or lease for a residence or (ii) one piece of mail
14addressed to the person at his or her current residence address
15and postmarked not earlier than 30 days prior to the date of
16the election, shall be sufficient to establish proof of
17residence. Whereupon the vote of such person shall be received,
18and entered as other votes. But such judges, having charge of
19such registers, shall state in their respective books the facts
20in such case, and the affidavits, so delivered to the judges,
21shall be preserved and returned to the office of the
22commissioners of election. Blank affidavits of the character
23aforesaid shall be sent out to the judges of all the precincts,
24and the judges of election shall furnish the same on demand and
25administer the oaths without criticism. Such oaths, if
26administered by any other officer than such judge of election,

 

 

SB2496- 10 -LRB097 13467 HLH 57985 b

1shall not be received. Whenever a proposal for a constitutional
2amendment or for the calling of a constitutional convention is
3to be voted upon at the election, the separate blue ballot or
4ballots pertaining thereto shall be placed on top of the other
5ballots to be voted at the election in such manner that the
6legend appearing on the back thereof, as prescribed in Section
716-6 of this Act, shall be plainly visible to the voter, and in
8this fashion the ballots shall be handed to the voter by the
9judge.
10    Immediately after voting, the voter shall be instructed
11whether the voting equipment, if used, accepted or rejected the
12ballot or identified the ballot as under-voted. A voter whose
13ballot is identified as under-voted for a statewide
14constitutional office may return to the voting booth and
15complete the voting of that ballot. A voter whose ballot is not
16accepted by the voting equipment may, upon surrendering the
17ballot, request and vote another ballot. The voter's
18surrendered ballot shall be initialed by the election judge and
19handled as provided in the appropriate Article governing that
20voting equipment.
21    The voter shall, upon quitting the voting booth, deliver to
22one of the judges of election all of the ballots, properly
23folded, which he received. The judge of election to whom the
24voter delivers his ballots shall not accept the same unless all
25of the ballots given to the voter are returned by him. If a
26voter delivers less than all of the ballots given to him, the

 

 

SB2496- 11 -LRB097 13467 HLH 57985 b

1judge to whom the same are offered shall advise him in a voice
2clearly audible to the other judges of election that the voter
3must return the remainder of the ballots. The statement of the
4judge to the voter shall clearly express the fact that the
5voter is not required to vote such remaining ballots but that
6whether or not he votes them he must fold and deliver them to
7the judge. In making such statement the judge of election shall
8not indicate by word, gesture or intonation of voice that the
9unreturned ballots shall be voted in any particular manner. No
10new voter shall be permitted to enter the voting booth of a
11voter who has failed to deliver the total number of ballots
12received by him until such voter has returned to the voting
13booth pursuant to the judge's request and again quit the booth
14with all of the ballots required to be returned by him. Upon
15receipt of all such ballots the judges of election shall enter
16the name of the voter, and his number, as above provided in
17this Section, and the judge to whom the ballots are delivered
18shall immediately put the ballots into the ballot box. If any
19voter who has failed to deliver all the ballots received by him
20refuses to return to the voting booth after being advised by
21the judge of election as herein provided, the judge shall
22inform the other judges of such refusal, and thereupon the
23ballot or ballots returned to the judge shall be deposited in
24the ballot box, the voter shall be permitted to depart from the
25polling place, and a new voter shall be permitted to enter the
26voting booth.

 

 

SB2496- 12 -LRB097 13467 HLH 57985 b

1    The judge of election who receives the ballot or ballots
2from the voter shall announce the residence and name of such
3voter in a loud voice. The judge shall put the ballot or
4ballots received from the voter into the ballot box in the
5presence of the voter and the judges of election, and in plain
6view of the public. The judges having charge of such registers
7shall then, in a column prepared thereon, in the same line of,
8the name of the voter, mark "Voted" or the letter "V".
9    No judge of election shall accept from any voter less than
10the full number of ballots received by such voter without first
11advising the voter in the manner above provided of the
12necessity of returning all of the ballots, nor shall any such
13judge advise such voter in a manner contrary to that which is
14herein permitted, or in any other manner violate the provisions
15of this Section; provided, that the acceptance by a judge of
16election of less than the full number of ballots delivered to a
17voter who refuses to return to the voting booth after being
18properly advised by such judge shall not be a violation of this
19Section.
20(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.