The written affidavit form described in this subsection (b)(2) must be
printed on a multi-part form prescribed by the county clerk or board of
election commissioners, as the case may be.
(3) After the person executes the portion of the written affidavit described
in subsection (b)(2)(i) of this Section, the election judge shall complete the
portion of the written affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
(4) The election judge shall give a copy of the completed written affidavit
to the person. The election judge shall place the original written affidavit in
a self-adhesive clear plastic packing list envelope that must be attached to a
separate envelope marked as a "provisional ballot envelope". The election judge
shall also place any information provided by the person who casts a provisional
ballot in the clear plastic packing list envelope. Each county clerk or board
of election commissioners, as the case may be,
must design, obtain or procure self-adhesive clear plastic packing list
envelopes and provisional ballot envelopes that are suitable for implementing
this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a provisional ballot,
written instructions for casting a provisional ballot, and the provisional
ballot envelope with the clear plastic packing list envelope affixed to it,
which contains the person's original written affidavit and, if any, information
provided by the provisional voter to support his or her claim that he or she is
a duly registered voter. An election judge must also give the person written
information that states that any person who casts a provisional ballot shall be
able to ascertain, pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the official canvass of
votes for that election and, if the provisional vote was not counted, the
reason that the vote was not counted.
(6) After the person has completed marking his or her provisional ballot, he
or she shall place the marked ballot inside of the provisional ballot envelope,
close and seal the envelope, and return the envelope to an election judge, who
shall then deposit the sealed provisional ballot envelope into a securable
container separately identified and utilized for containing sealed provisional
ballot envelopes. Ballots that are provisional because they are cast after 7:00 p.m. by court
order shall be kept separate from other provisional ballots. Upon the closing of the polls, the securable container shall
be
sealed with filament tape provided for that purpose, which shall be wrapped
around the box lengthwise and crosswise, at least twice each way, and each of
the election judges shall sign the seal.
(c) Instead of the affidavit form described in subsection (b), the county
clerk or board of election commissioners, as the case may be, may design and
use a multi-part affidavit form that is imprinted upon or attached to the
provisional ballot envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its own multi-part
affidavit form, then the county clerk or board of election commissioners shall
establish a mechanism for accepting any information the provisional voter has
supplied to the election judge to support his or her claim that he or she is a
duly registered voter. In all other respects, a county clerk or board of
election commissioners shall establish procedures consistent with subsection
(b).
(d) The county clerk or board of election commissioners, as the case may be,
shall use the completed affidavit form described in subsection (b) to update
the person's voter registration information in the State voter registration
database and voter registration database of the county clerk or board of
election commissioners, as the case may be. If a person is later determined not
to be a registered voter based on Section 18A-15 of this Code, then the
affidavit shall be processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration application.
(Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; 94-645, eff. 8-22-05.)
|