Public Act 093-1071
 
HB0640 Enrolled LRB093 05385 JAM 05475 b

    AN ACT in relation to elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by adding Section
1A-25 and changing Section 18A-5 as follows:
 
    (10 ILCS 5/1A-25 new)
    Sec. 1A-25. Centralized statewide voter registration list.
The centralized statewide voter registration list required by
Title III, Subtitle A, Section 303 of the Help America Vote Act
of 2002 shall be created and maintained by the State Board of
Elections as provided in this Section.
        (1) The centralized statewide voter registration list
    shall be compiled from the voter registration data bases of
    each election authority in this State.
        (2) All new voter registration forms and applications
    to register to vote shall be transmitted to the appropriate
    election authority. The election authority shall process
    and verify each voter registration form and electronically
    enter verified registrations on an expedited basis onto the
    statewide voter registration list. All original
    registration cards shall remain permanently in the office
    of the election authority as required by Sections 4-20,
    5-28, and 6-65.
        (3) The centralized statewide voter registration list
    shall:
            (i) Be designed to allow election authorities to
        utilize the registration data on the statewide voter
        registration list pertinent to voters registered in
        their election jurisdiction on locally maintained
        software programs that are unique to each
        jurisdiction.
            (ii) Allow each election authority to perform
        essential election management functions, including but
        not limited to production of voter lists, processing of
        absentee voters, production of individual, pre-printed
        applications to vote, administration of election
        judges, and polling place administration, but shall
        not prevent any election authority from using
        information from that election authority's own
        systems.
        (4) The registration information maintained by each
    election authority shall at all times be synchronized with
    that authority's information on the statewide list on a
    constant, real-time basis.
    To protect the privacy and confidentiality of voter
registration information, the disclosure of any portion of the
centralized statewide voter registration list to any person or
entity other than to a State or local political committee and
other than to a governmental entity for a governmental purpose
is specifically prohibited.
 
    (10 ILCS 5/18A-5)
    Sec. 18A-5. Provisional voting; general provisions.
    (a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
        (1) The person's name does not appear on the official
    list of eligible voters, whether a list of active or
    inactive voters, for the precinct in which the person seeks
    to vote. The official list is the centralized statewide
    voter registration list established and maintained in
    accordance with Section 1A-25;
        (2) The person's voting status has been challenged by
    an election judge, a pollwatcher, or any legal voter and
    that challenge has been sustained by a majority of the
    election judges; or
        (3) A federal or State court order extends the time for
    closing the polls beyond the time period established by
    State law and the person votes during the extended time
    period.
    (b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
        (1) An election judge at the polling place shall notify
    a person who is entitled to cast a provisional ballot
    pursuant to subsection (a) that he or she may cast a
    provisional ballot in that election. An election judge must
    accept any information provided by a person who casts a
    provisional ballot that the person believes supports his or
    her claim that he or she is a duly registered voter and
    qualified to vote in the election.
        (2) The person shall execute a written form provided by
    the election judge that shall state or contain all of the
    following:
        (i) an affidavit stating the following:
            State of Illinois, County of ................,
        Township ............., Precinct ........, Ward
        ........, I, ......................., do solemnly
        swear (or affirm) that: I am a citizen of the United
        States; I am 18 years of age or older; I have resided
        in this State and in this precinct for 30 days
        preceding this election; I have not voted in this
        election; I am a duly registered voter in every
        respect; and I am eligible to vote in this election.
        Signature ...... Printed Name of Voter ....... Printed
        Residence Address of Voter ...... City ...... State
        .... Zip Code ..... Telephone Number ...... Date of
        Birth ....... and Driver's License Number ....... Last
        4 digits of Social Security Number ...... or State
        Identification Card Number.
        (ii) Written instruction stating the following:
            In order to expedite the verification of your voter
        registration status, the .... (insert name of county
        clerk of board of election commissioners here)
        requests that you include your phone number and both
        the last four digits of your social security number and
        your driver's license number or State Identification
        Card Number issued to you by the Secretary of State. At
        minimum, you are required to include either (A) your
        driver's license number or State Identification Card
        Number issued to you by the Secretary of State or (B)
        the last 4 digits of your social security number.
        (iii) A box for the election judge to check one of the
    3 reasons why the person was given a provisional ballot
    under subsection (a) of Section 18A-5.
        (iv) An area for the election judge to affix his or her
    signature and to set forth any facts that support or oppose
    the allegation that the person is not qualified to vote in
    the precinct in which the person is seeking to vote.
    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. 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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 1/18/2005