Full Text of SB0453 94th General Assembly
SB0453sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/2/2005
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09400SB0453sam001 |
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LRB094 09859 JAM 42851 a |
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| AMENDMENT TO SENATE BILL 453
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| AMENDMENT NO. ______. Amend Senate Bill 453 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Election Code is amended by changing | 5 |
| Sections 18A-5 and 18A-15 as follows:
| 6 |
| (10 ILCS 5/18A-5)
| 7 |
| (Text of Section before amendment by P.A. 93-1071 )
| 8 |
| Sec. 18A-5. Provisional voting; general provisions.
| 9 |
| (a) A person who claims to be a registered voter is | 10 |
| entitled to cast a
provisional ballot under the following | 11 |
| circumstances:
| 12 |
| (1) The person's name does not appear on the official | 13 |
| list of eligible
voters, whether a list of active or | 14 |
| inactive voters, for the precinct in which
the person seeks | 15 |
| to vote;
| 16 |
| (2) The person's voting status has been challenged by | 17 |
| an election judge, a
pollwatcher, or any legal voter and | 18 |
| that challenge has been sustained by a
majority of the | 19 |
| election judges; or
| 20 |
| (3) A federal or State court order extends the time for | 21 |
| closing the polls
beyond the time period established by | 22 |
| State law and the person votes during the
extended time | 23 |
| period ; or .
| 24 |
| (4) The voter registered to vote by mail and is |
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| required by law to
present identification when voting | 2 |
| either in person or by absentee ballot, but
fails to do so. | 3 |
| (b) The procedure for obtaining and casting a provisional | 4 |
| ballot at the
polling place
shall be as follows:
| 5 |
| (1) After first verifying through an examination of the | 6 |
| precinct register that the person's address is within the | 7 |
| precinct boundaries, an
An election judge at the polling | 8 |
| place shall notify a person who is
entitled to cast a | 9 |
| provisional ballot pursuant to subsection (a)
that he or | 10 |
| she may cast a provisional ballot in that election.
An | 11 |
| election judge
must accept any information provided by a | 12 |
| person who casts a provisional ballot
that the person | 13 |
| believes supports his or her claim that he or she is a duly
| 14 |
| registered voter and qualified to vote in the election. | 15 |
| However, if the person's residence address is outside the | 16 |
| precinct boundaries, the election judge shall inform the | 17 |
| person of that fact, give the person the appropriate | 18 |
| telephone number of the election authority in order to | 19 |
| locate the polling place assigned to serve that address, | 20 |
| and instruct the person to go to the proper polling place | 21 |
| to vote.
| 22 |
| (2) The person shall execute a written form provided by | 23 |
| the
election judge that shall state or contain all of the | 24 |
| following that is available :
| 25 |
| (i) an affidavit stating the following:
| 26 |
| State of Illinois, County of ................, | 27 |
| Township
.............,
Precinct ........, Ward | 28 |
| ........, I, ......................., do solemnly
| 29 |
| swear (or affirm) that: I am a citizen of the United | 30 |
| States; I am 18 years of
age or older; I have resided | 31 |
| in this State and in this precinct for 30 days
| 32 |
| preceding this election; I have not voted in this | 33 |
| election; I am a duly
registered voter in every | 34 |
| respect; and I am eligible to vote in this election.
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| Signature ...... Printed Name of Voter ....... Printed | 2 |
| Residence
Address of Voter ...... City
...... State | 3 |
| .... Zip Code ..... Telephone Number ...... Date of | 4 |
| Birth .......
and Driver's License Number ....... or | 5 |
| Last 4 digits of Social
Security
Number ...... or State | 6 |
| Identification Card
Number issued to you by the | 7 |
| Illinois Secretary of State....... .
| 8 |
| (ii) Written instruction stating the following:
| 9 |
| In order to expedite the verification of your voter | 10 |
| registration
status, the .... (insert name of county | 11 |
| clerk of board of election
commissioners here) | 12 |
| requests that you include your phone number and
both | 13 |
| the last four digits of your social security number and | 14 |
| your driver's
license number or State Identification | 15 |
| Card Number
issued to you by the Secretary of State.
At | 16 |
| minimum, you are required to include either (A) your | 17 |
| driver's license
number or State Identification Card | 18 |
| Number
issued to you by the Secretary of State
or (B) | 19 |
| the last
4 digits of your social security number.
| 20 |
| (ii)
(iii) A box for the election judge to check one of | 21 |
| the 4
3 reasons why the
person was given a provisional | 22 |
| ballot under subsection (a) of Section 18A-5.
| 23 |
| (iii)
(iv) An area for the election judge to affix his | 24 |
| or her signature and to
set forth any facts that support or | 25 |
| oppose the allegation that the person is
not qualified to | 26 |
| vote in the precinct in which the person is seeking to | 27 |
| vote.
| 28 |
| The written affidavit form described in this subsection | 29 |
| (b)(2) must be
printed on a multi-part form prescribed by the | 30 |
| county clerk or board of
election commissioners, as the case | 31 |
| may be.
| 32 |
| (3) After the person executes the portion of the written | 33 |
| affidavit described
in subsection (b)(2)(i) of this Section, | 34 |
| the election judge shall complete the
portion of the written |
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| affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 2 |
| (4) The election judge shall give a copy of the completed | 3 |
| written affidavit
to the person. The election judge shall place | 4 |
| the original written affidavit in
a self-adhesive clear plastic | 5 |
| packing list envelope that must be attached to a
separate | 6 |
| envelope marked as a "provisional ballot envelope". The | 7 |
| election judge
shall also place any information provided by the | 8 |
| person who casts a provisional
ballot in the clear plastic | 9 |
| packing list envelope. Each county clerk or board
of election | 10 |
| commissioners, as the case may be,
must design, obtain or | 11 |
| procure self-adhesive clear plastic packing list
envelopes and | 12 |
| provisional ballot envelopes that are suitable for | 13 |
| implementing
this subsection (b)(4) of this Section.
| 14 |
| (5) The election judge shall provide the person with a | 15 |
| provisional ballot,
written instructions for casting a | 16 |
| provisional ballot, and the provisional
ballot envelope with | 17 |
| the clear plastic packing list envelope affixed to it,
which | 18 |
| contains the person's original written affidavit and, if any, | 19 |
| information
provided by the provisional voter to support his or | 20 |
| her claim that he or she is
a duly registered voter. An | 21 |
| election judge must also give the person written
information | 22 |
| that states that any person who casts a provisional ballot | 23 |
| shall be
able to ascertain, pursuant to guidelines established | 24 |
| by the State Board of
Elections, whether the provisional vote | 25 |
| was counted in the official canvass of
votes for that election | 26 |
| and, if the provisional vote was not counted, the
reason that | 27 |
| the vote was not counted.
| 28 |
| (6) After the person has completed marking his or her | 29 |
| provisional ballot, he
or she shall place the marked ballot | 30 |
| inside of the provisional ballot envelope,
close and seal the | 31 |
| envelope, and return the envelope to an election judge, who
| 32 |
| shall then deposit the sealed provisional ballot envelope into | 33 |
| a securable
container separately identified and utilized for | 34 |
| containing sealed provisional
ballot envelopes. Ballots that |
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| are provisional because they are cast after 7:00 p.m. by court
| 2 |
| order shall be kept separate from other provisional ballots. | 3 |
| Upon the closing of the polls, the securable container shall
be
| 4 |
| sealed with filament tape provided for that purpose, which | 5 |
| shall be wrapped
around the box lengthwise and crosswise, at | 6 |
| least twice each way, and each of
the election judges shall | 7 |
| sign the seal.
| 8 |
| (c) Instead of the affidavit form described in subsection | 9 |
| (b), the county
clerk or board of election commissioners, as | 10 |
| the case may be, may design and
use a multi-part affidavit form | 11 |
| that is imprinted upon or attached to the
provisional ballot | 12 |
| envelope described in subsection (b). If a county clerk or
| 13 |
| board of election commissioners elects to design and use its | 14 |
| own multi-part
affidavit form, then the county clerk or board | 15 |
| of election commissioners shall
establish a mechanism for | 16 |
| accepting any information the provisional voter has
supplied to | 17 |
| the election judge to support his or her claim that he or she | 18 |
| is a
duly registered voter. In all other respects, a county | 19 |
| clerk or board of
election commissioners shall establish | 20 |
| procedures consistent with subsection
(b).
| 21 |
| (d) The county clerk or board of election commissioners, as | 22 |
| the case may be,
shall use the completed affidavit form | 23 |
| described in subsection (b) to update
the person's voter | 24 |
| registration information in the State voter registration
| 25 |
| database and voter registration database of the county clerk or | 26 |
| board of
election commissioners, as the case may be. If a | 27 |
| person is later determined not
to be a registered voter based | 28 |
| on Section 18A-15 of this Code, then the
affidavit shall be | 29 |
| processed by the county clerk or board of election
| 30 |
| commissioners, as the case may be, as a voter registration | 31 |
| application.
| 32 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 33 |
| (Text of Section after amendment by P.A. 93-1071 )
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LRB094 09859 JAM 42851 a |
|
| 1 |
| Sec. 18A-5. Provisional voting; general provisions.
| 2 |
| (a) A person who claims to be a registered voter is | 3 |
| entitled to cast a
provisional ballot under the following | 4 |
| circumstances:
| 5 |
| (1) The person's name does not appear on the official | 6 |
| list of eligible
voters for the precinct in which
the | 7 |
| person seeks to vote. The official list is the centralized | 8 |
| statewide voter registration list established and | 9 |
| maintained in accordance with Section 1A-25;
| 10 |
| (2) The person's voting status has been challenged by | 11 |
| an election judge, a
pollwatcher, or any legal voter and | 12 |
| that challenge has been sustained by a
majority of the | 13 |
| election judges; or
| 14 |
| (3) A federal or State court order extends the time for | 15 |
| closing the polls
beyond the time period established by | 16 |
| State law and the person votes during the
extended time | 17 |
| period ; or .
| 18 |
| (4) The voter registered to vote by mail and is | 19 |
| required by law to
present identification when voting | 20 |
| either in person or by absentee ballot, but
fails to do so. | 21 |
| (b) The procedure for obtaining and casting a provisional | 22 |
| ballot at the
polling place
shall be as follows:
| 23 |
| (1) After first verifying through an examination of the | 24 |
| precinct register that the person's address is within the | 25 |
| precinct boundaries, an
An election judge at the polling | 26 |
| place shall notify a person who is
entitled to cast a | 27 |
| provisional ballot pursuant to subsection (a)
that he or | 28 |
| she may cast a provisional ballot in that election.
An | 29 |
| election judge
must accept any information provided by a | 30 |
| person who casts a provisional ballot
that the person | 31 |
| believes supports his or her claim that he or she is a duly
| 32 |
| registered voter and qualified to vote in the election. | 33 |
| However, if the person's residence address is outside the | 34 |
| precinct boundaries, the election judge shall inform the |
|
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| person of that fact, give the person the appropriate | 2 |
| telephone number of the election authority in order to | 3 |
| locate the polling place assigned to serve that address, | 4 |
| and instruct the person to go to the proper polling place | 5 |
| to vote.
| 6 |
| (2) The person shall execute a written form provided by | 7 |
| the
election judge that shall state or contain all of the | 8 |
| following that is available :
| 9 |
| (i) an affidavit stating the following:
| 10 |
| State of Illinois, County of ................, | 11 |
| Township
.............,
Precinct ........, Ward | 12 |
| ........, I, ......................., do solemnly
| 13 |
| swear (or affirm) that: I am a citizen of the United | 14 |
| States; I am 18 years of
age or older; I have resided | 15 |
| in this State and in this precinct for 30 days
| 16 |
| preceding this election; I have not voted in this | 17 |
| election; I am a duly
registered voter in every | 18 |
| respect; and I am eligible to vote in this election.
| 19 |
| Signature ...... Printed Name of Voter ....... Printed | 20 |
| Residence
Address of Voter ...... City
...... State | 21 |
| .... Zip Code ..... Telephone Number ...... Date of | 22 |
| Birth .......
and Driver's License Number ....... or | 23 |
| Last 4 digits of Social
Security
Number ...... or State | 24 |
| Identification Card
Number issued to you by the | 25 |
| Illinois Secretary of State....... .
| 26 |
| (ii) Written instruction stating the following:
| 27 |
| In order to expedite the verification of your voter | 28 |
| registration
status, the .... (insert name of county | 29 |
| clerk of board of election
commissioners here) | 30 |
| requests that you include your phone number and
both | 31 |
| the last four digits of your social security number and | 32 |
| your driver's
license number or State Identification | 33 |
| Card Number
issued to you by the Secretary of State.
At | 34 |
| minimum, you are required to include either (A) your |
|
|
|
09400SB0453sam001 |
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LRB094 09859 JAM 42851 a |
|
| 1 |
| driver's license
number or State Identification Card | 2 |
| Number
issued to you by the Secretary of State
or (B) | 3 |
| the last
4 digits of your social security number.
| 4 |
| (ii)
(iii) A box for the election judge to check one of | 5 |
| the 4
3 reasons why the
person was given a provisional | 6 |
| ballot under subsection (a) of Section 18A-5.
| 7 |
| (iii)
(iv) An area for the election judge to affix his | 8 |
| or her signature and to
set forth any facts that support or | 9 |
| oppose the allegation that the person is
not qualified to | 10 |
| vote in the precinct in which the person is seeking to | 11 |
| vote.
| 12 |
| The written affidavit form described in this subsection | 13 |
| (b)(2) must be
printed on a multi-part form prescribed by the | 14 |
| county clerk or board of
election commissioners, as the case | 15 |
| may be.
| 16 |
| (3) After the person executes the portion of the written | 17 |
| affidavit described
in subsection (b)(2)(i) of this Section, | 18 |
| the election judge shall complete the
portion of the written | 19 |
| affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 20 |
| (4) The election judge shall give a copy of the completed | 21 |
| written affidavit
to the person. The election judge shall place | 22 |
| the original written affidavit in
a self-adhesive clear plastic | 23 |
| packing list envelope that must be attached to a
separate | 24 |
| envelope marked as a "provisional ballot envelope". The | 25 |
| election judge
shall also place any information provided by the | 26 |
| person who casts a provisional
ballot in the clear plastic | 27 |
| packing list envelope. Each county clerk or board
of election | 28 |
| commissioners, as the case may be,
must design, obtain or | 29 |
| procure self-adhesive clear plastic packing list
envelopes and | 30 |
| provisional ballot envelopes that are suitable for | 31 |
| implementing
this subsection (b)(4) of this Section.
| 32 |
| (5) The election judge shall provide the person with a | 33 |
| provisional ballot,
written instructions for casting a | 34 |
| provisional ballot, and the provisional
ballot envelope with |
|
|
|
09400SB0453sam001 |
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LRB094 09859 JAM 42851 a |
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| 1 |
| the clear plastic packing list envelope affixed to it,
which | 2 |
| contains the person's original written affidavit and, if any, | 3 |
| information
provided by the provisional voter to support his or | 4 |
| her claim that he or she is
a duly registered voter. An | 5 |
| election judge must also give the person written
information | 6 |
| that states that any person who casts a provisional ballot | 7 |
| shall be
able to ascertain, pursuant to guidelines established | 8 |
| by the State Board of
Elections, whether the provisional vote | 9 |
| was counted in the official canvass of
votes for that election | 10 |
| and, if the provisional vote was not counted, the
reason that | 11 |
| the vote was not counted.
| 12 |
| (6) After the person has completed marking his or her | 13 |
| provisional ballot, he
or she shall place the marked ballot | 14 |
| inside of the provisional ballot envelope,
close and seal the | 15 |
| envelope, and return the envelope to an election judge, who
| 16 |
| shall then deposit the sealed provisional ballot envelope into | 17 |
| a securable
container separately identified and utilized for | 18 |
| containing sealed provisional
ballot envelopes. Ballots that | 19 |
| are provisional because they are cast after 7:00 p.m. by court
| 20 |
| order shall be kept separate from other provisional ballots. | 21 |
| Upon the closing of the polls, the securable container shall
be
| 22 |
| sealed with filament tape provided for that purpose, which | 23 |
| shall be wrapped
around the box lengthwise and crosswise, at | 24 |
| least twice each way, and each of
the election judges shall | 25 |
| sign the seal.
| 26 |
| (c) Instead of the affidavit form described in subsection | 27 |
| (b), the county
clerk or board of election commissioners, as | 28 |
| the case may be, may design and
use a multi-part affidavit form | 29 |
| that is imprinted upon or attached to the
provisional ballot | 30 |
| envelope described in subsection (b). If a county clerk or
| 31 |
| board of election commissioners elects to design and use its | 32 |
| own multi-part
affidavit form, then the county clerk or board | 33 |
| of election commissioners shall
establish a mechanism for | 34 |
| accepting any information the provisional voter has
supplied to |
|
|
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LRB094 09859 JAM 42851 a |
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| 1 |
| the election judge to support his or her claim that he or she | 2 |
| is a
duly registered voter. In all other respects, a county | 3 |
| clerk or board of
election commissioners shall establish | 4 |
| procedures consistent with subsection
(b).
| 5 |
| (d) The county clerk or board of election commissioners, as | 6 |
| the case may be,
shall use the completed affidavit form | 7 |
| described in subsection (b) to update
the person's voter | 8 |
| registration information in the State voter registration
| 9 |
| database and voter registration database of the county clerk or | 10 |
| board of
election commissioners, as the case may be. If a | 11 |
| person is later determined not
to be a registered voter based | 12 |
| on Section 18A-15 of this Code, then the
affidavit shall be | 13 |
| processed by the county clerk or board of election
| 14 |
| commissioners, as the case may be, as a voter registration | 15 |
| application.
| 16 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 6-1-05.)
| 17 |
| (10 ILCS 5/18A-15)
| 18 |
| Sec. 18A-15. Validating and counting provisional ballots.
| 19 |
| (a) The county clerk or board of election commissioners | 20 |
| shall complete the
validation and counting of provisional | 21 |
| ballots within 14 calendar days of
the day of the election. The | 22 |
| county clerk or board of election commissioners
shall have 7 | 23 |
| calendar days from the completion of the validation and
| 24 |
| counting of provisional ballots to conduct its final canvass. | 25 |
| The State Board
of Elections shall complete within 31 calendar | 26 |
| days of the election or sooner
if all the returns are received, | 27 |
| its final canvass of the vote for all public
offices.
| 28 |
| (b) If a county clerk or board of election commissioners | 29 |
| determines that all
of the following apply, then a provisional | 30 |
| ballot is valid and shall be counted
as a vote:
| 31 |
| (1) The provisional voter cast the provisional ballot | 32 |
| in the correct
precinct based on the address provided by | 33 |
| the provisional voter;
|
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| (2) The affidavit executed by the provisional voter | 2 |
| pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 3 |
| a minimum, the provisional voter's first and last name, | 4 |
| house number and street name, and signature or mark
18A-10 | 5 |
| is properly executed ; and
| 6 |
| (3) the provisional voter is a registered voter based | 7 |
| on information
available to the county clerk or board of | 8 |
| election commissioners provided by or
obtained from any of | 9 |
| the following:
| 10 |
| i. the provisional voter;
| 11 |
| ii. an election judge;
| 12 |
| iii. the statewide voter registration database | 13 |
| maintained by the State
Board of Elections;
| 14 |
| iv. the records of the county clerk or board of | 15 |
| election commissioners'
database; or
| 16 |
| v. the records of the Secretary of State.
| 17 |
| (c) With respect to subsection (b)(3) of this Section, the | 18 |
| county clerk or
board of election commissioners shall | 19 |
| investigate whether each of the 5
types of information is | 20 |
| available and record whether this information is or is
not | 21 |
| available. If one or more types of information is available, | 22 |
| then the
county clerk or board of election commissioners shall | 23 |
| obtain all relevant
information from all sources identified in | 24 |
| subsection (b)(3) or until satisfied that the provisional voter | 25 |
| is registered and entitled to vote . The county clerk
or board | 26 |
| of election commissioners shall use any information it obtains | 27 |
| as the
basis for determining the voter registration status of | 28 |
| the provisional voter.
If a conflict exists among the | 29 |
| information available to the county clerk or
board of election | 30 |
| commissioners as to the registration status of the
provisional | 31 |
| voter, then the county clerk or board of election commissioners
| 32 |
| shall make a
determination based on the totality of the | 33 |
| circumstances. In a case where the
above information equally | 34 |
| supports or opposes the registration status of the
voter, the |
|
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| county clerk or board of election commissioners shall decide in
| 2 |
| favor of the provisional voter as being duly registered to | 3 |
| vote. If the
statewide voter registration database maintained | 4 |
| by the State Board of
Elections indicates that the provisional | 5 |
| voter is registered to vote, but the
county clerk's or board of | 6 |
| election commissioners' voter registration database
indicates | 7 |
| that the provisional voter is not registered to vote, then the
| 8 |
| information found in the statewide voter registration database | 9 |
| shall control
the matter and the provisional voter shall be | 10 |
| deemed to be registered to vote.
If the records of the county | 11 |
| clerk or board of election commissioners indicates
that the | 12 |
| provisional
voter is registered to vote, but the statewide | 13 |
| voter registration database
maintained by the State Board of | 14 |
| Elections indicates that the provisional voter
is not | 15 |
| registered to vote, then the information found in the records | 16 |
| of the
county clerk or board of election commissioners shall | 17 |
| control the matter and
the provisional voter shall be deemed to | 18 |
| be registered to vote. If the
provisional voter's signature on | 19 |
| his or her provisional ballot request varies
from the signature | 20 |
| on
an otherwise valid registration application solely because | 21 |
| of the substitution
of initials for the first or middle name, | 22 |
| the election authority may not reject
the provisional ballot.
| 23 |
| (d) In validating the registration status of a person | 24 |
| casting a provisional
ballot, the county clerk or board of | 25 |
| election commissioners shall not require a
provisional voter to | 26 |
| complete any form other than the affidavit executed by the
| 27 |
| provisional voter under subsection (b)(2) of Section 18A-5. In | 28 |
| addition,
the
county clerk or board of election commissioners | 29 |
| shall not require all
provisional voters or
any particular | 30 |
| class or group of provisional voters to appear personally | 31 |
| before
the county clerk or board of election commissioners or | 32 |
| as a matter of policy
require provisional voters to submit | 33 |
| additional information to verify or
otherwise support the | 34 |
| information already submitted by the provisional voter.
The |
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| provisional voter may, within 2 calendar days after the | 2 |
| election, submit
additional information to the county clerk or | 3 |
| board of election commissioners.
This information must be | 4 |
| received by the county clerk or board of election
commissioners | 5 |
| within the 2-calendar-day period.
| 6 |
| (e) If the county clerk or board of election commissioners | 7 |
| determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 8 |
| apply, then the provisional
ballot is not valid
and may not be | 9 |
| counted. The provisional ballot envelope containing the ballot
| 10 |
| cast by the provisional voter may not be opened. The county | 11 |
| clerk or board of
election commissioners shall write on the | 12 |
| provisional ballot envelope the
following: "Provisional ballot | 13 |
| determined invalid.".
| 14 |
| (f) If the county clerk or board of election commissioners | 15 |
| determines that a
provisional ballot is valid under this | 16 |
| Section, then the provisional ballot
envelope shall be opened. | 17 |
| The outside of each provisional ballot
envelope shall
also be
| 18 |
| marked to identify the precinct and the date of the election.
| 19 |
| (g) The provisional ballots determined to be valid shall be | 20 |
| added to the
vote
totals for the precincts from which they were | 21 |
| cast in the order in which the
ballots were opened.
The county | 22 |
| clerk or board of election commissioners may, in the | 23 |
| alternative,
create a separate provisional-voter precinct for | 24 |
| the purpose of counting and
recording provisional ballots and | 25 |
| adding the recorded votes to its official
canvass.
The | 26 |
| validation and counting of provisional ballots shall be subject | 27 |
| to the
provisions of this Code that apply to pollwatchers.
If | 28 |
| the provisional ballots are a ballot of a punch card
voting | 29 |
| system, then the provisional ballot shall be counted in a | 30 |
| manner
consistent with Article 24A. If the provisional ballots
| 31 |
| are a ballot of optical scan or other type of approved | 32 |
| electronic voting
system, then the provisional ballots shall be | 33 |
| counted in a manner consistent
with Article 24B.
| 34 |
| (h) As soon as the ballots have been counted, the election |
|
|
|
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|
| 1 |
| judges or
election officials shall, in
the presence of the | 2 |
| county clerk or board of election commissioners, place each
of | 3 |
| the following items in a separate envelope or bag: (1) all | 4 |
| provisional
ballots, voted or spoiled; (2)
all provisional | 5 |
| ballot envelopes of provisional ballots voted or spoiled; and
| 6 |
| (3) all executed affidavits
of the provisional ballots voted or | 7 |
| spoiled.
All provisional ballot envelopes for provisional | 8 |
| voters who have been
determined
not to be registered to vote | 9 |
| shall remain sealed. The county clerk or board of
election | 10 |
| commissioners shall treat the provisional ballot envelope | 11 |
| containing
the written affidavit as a voter registration | 12 |
| application for that person for
the next election and process | 13 |
| that application.
The election judges or election officials | 14 |
| shall then
securely
seal each envelope or bag, initial the | 15 |
| envelope or bag, and plainly mark on the
outside of the | 16 |
| envelope or bag in ink the precinct in which the provisional
| 17 |
| ballots were cast. The election judges or election officials | 18 |
| shall then place
each sealed envelope or
bag into a box, secure | 19 |
| and seal it in the same manner as described in
item (6) of | 20 |
| subsection (b) of Section 18A-5. Each election judge or | 21 |
| election
official shall take and subscribe an oath
before the | 22 |
| county clerk or
board of election commissioners that the | 23 |
| election judge or election official
securely kept the
ballots | 24 |
| and papers in the box, did not permit any person to open the | 25 |
| box or
otherwise touch or tamper with the ballots and papers in | 26 |
| the box, and has no
knowledge of any other person opening the | 27 |
| box.
For purposes of this Section, the term "election official" | 28 |
| means the county
clerk, a member of the board of election | 29 |
| commissioners, as the case may be, and
their respective | 30 |
| employees.
| 31 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 32 |
| Section 95. No acceleration or delay. Where this Act makes | 33 |
| changes in a
statute that is represented in this Act by text |
|
|
|
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LRB094 09859 JAM 42851 a |
|
| 1 |
| that is not yet or no longer in
effect (for example, a Section | 2 |
| represented by multiple versions), the use of
that text does | 3 |
| not accelerate or delay the taking effect of (i) the changes
| 4 |
| made by this Act or (ii) provisions derived from any other | 5 |
| Public Act. | 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|