102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2326

 

Introduced 2/26/2021, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-3  from Ch. 46, par. 1-3
10 ILCS 5/4-8  from Ch. 46, par. 4-8
10 ILCS 5/4-8.01  from Ch. 46, par. 4-8.01
10 ILCS 5/5-7  from Ch. 46, par. 5-7
10 ILCS 5/5-7.01  from Ch. 46, par. 5-7.01
10 ILCS 5/6-35  from Ch. 46, par. 6-35
10 ILCS 5/6-35.01  from Ch. 46, par. 6-35.01
10 ILCS 5/7-47.1  from Ch. 46, par. 7-47.1
10 ILCS 5/7-48  from Ch. 46, par. 7-48
10 ILCS 5/12-1  from Ch. 46, par. 12-1
10 ILCS 5/17-14  from Ch. 46, par. 17-14
10 ILCS 5/19-2.4 new
10 ILCS 5/19-5  from Ch. 46, par. 19-5
10 ILCS 5/19A-40
10 ILCS 5/24C-11

    Amends the Election Code. Changes the definition of "person with a disability" to include a person having an intellectual or developmental disability. Makes conforming changes throughout the Code. Requires an election authority to provide public notice 75 days (rather than 60 days) before each general and consolidated election calculated to reach elderly voters and voters with disabilities, of the availability of registration and voting aids under the Federal Voting Accessibility for the Elderly and Handicapped Act, of the availability of assistance in marking the ballot, procedures for voting by vote by mail ballot, and procedures for voting early by personal appearance. Provides that county clerks shall mail by non-forwardable mail an official ballot with a return identification envelope and a secrecy envelope not sooner than the 20th day before the date of any election and not later than the 14th day before the date of any election to each voter with a disability. Provides the State Board of Elections, in partnership with the Department of Human Services, rulemaking authority to allow recipients of a vote by mail ballot to return their ballot by other means than mail.


LRB102 15669 SMS 21033 b

 

 

A BILL FOR

 

SB2326LRB102 15669 SMS 21033 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 1-3, 4-8, 4-8.01, 5-7, 5-7.01, 6-35, 6-35.01, 7-47.1,
67-48, 12-1, 17-14, 19-5, 19A-40, and 24C-11 and by adding
7Section 19-2.4 as follows:
 
8    (10 ILCS 5/1-3)  (from Ch. 46, par. 1-3)
9    Sec. 1-3. As used in this Act, unless the context
10otherwise requires:
11    1. "Election" includes the submission of all questions of
12public policy, propositions, and all measures submitted to
13popular vote, and includes primary elections when so indicated
14by the context.
15    2. "Regular election" means the general, general primary,
16consolidated and consolidated primary elections regularly
17scheduled in Article 2A. The even numbered year municipal
18primary established in Article 2A is a regular election only
19with respect to those municipalities in which a primary is
20required to be held on such date.
21    3. "Special election" means an election not regularly
22recurring at fixed intervals, irrespective of whether it is
23held at the same time and place and by the same election

 

 

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1officers as a regular election.
2    4. "General election" means the biennial election at which
3members of the General Assembly are elected. "General primary
4election", "consolidated election" and "consolidated primary
5election" mean the respective elections or the election dates
6designated and established in Article 2A of this Code.
7    5. "Municipal election" means an election or primary,
8either regular or special, in cities, villages, and
9incorporated towns; and "municipality" means any such city,
10village or incorporated town.
11    6. "Political or governmental subdivision" means any unit
12of local government, or school district in which elections are
13or may be held. "Political or governmental subdivision" also
14includes, for election purposes, Regional Boards of School
15Trustees, and Township Boards of School Trustees.
16    7. The word "township" and the word "town" shall apply
17interchangeably to the type of governmental organization
18established in accordance with the provisions of the Township
19Code. The term "incorporated town" shall mean a municipality
20referred to as an incorporated town in the Illinois Municipal
21Code, as now or hereafter amended.
22    8. "Election authority" means a county clerk or a Board of
23Election Commissioners.
24    9. "Election Jurisdiction" means (a) an entire county, in
25the case of a county in which no city board of election
26commissioners is located or which is under the jurisdiction of

 

 

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1a county board of election commissioners; (b) the territorial
2jurisdiction of a city board of election commissioners; and
3(c) the territory in a county outside of the jurisdiction of a
4city board of election commissioners. In each instance
5election jurisdiction shall be determined according to which
6election authority maintains the permanent registration
7records of qualified electors.
8    10. "Local election official" means the clerk or secretary
9of a unit of local government or school district, as the case
10may be, the treasurer of a township board of school trustees,
11and the regional superintendent of schools with respect to the
12various school officer elections and school referenda for
13which the regional superintendent is assigned election duties
14by The School Code, as now or hereafter amended.
15    11. "Judges of election", "primary judges" and similar
16terms, as applied to cases where there are 2 sets of judges,
17when used in connection with duties at an election during the
18hours the polls are open, refer to the team of judges of
19election on duty during such hours; and, when used with
20reference to duties after the closing of the polls, refer to
21the team of tally judges designated to count the vote after the
22closing of the polls and the holdover judges designated
23pursuant to Section 13-6.2 or 14-5.2. In such case, where,
24after the closing of the polls, any act is required to be
25performed by each of the judges of election, it shall be
26performed by each of the tally judges and by each of the

 

 

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1holdover judges.
2    12. "Petition" of candidacy as used in Sections 7-10 and
37-10.1 shall consist of a statement of candidacy, candidate's
4statement containing oath, and sheets containing signatures of
5qualified primary electors bound together.
6    13. "Election district" and "precinct", when used with
7reference to a 30-day residence requirement, means the
8smallest constituent territory in which electors vote as a
9unit at the same polling place in any election governed by this
10Act.
11    14. "District" means any area which votes as a unit for the
12election of any officer, other than the State or a unit of
13local government or school district, and includes, but is not
14limited to, legislative, congressional and judicial districts,
15judicial circuits, county board districts, municipal and
16sanitary district wards, school board districts, and
17precincts.
18    15. "Question of public policy" or "public question" means
19any question, proposition or measure submitted to the voters
20at an election dealing with subject matter other than the
21nomination or election of candidates and shall include, but is
22not limited to, any bond or tax referendum, and questions
23relating to the Constitution.
24    16. "Ordinance providing the form of government of a
25municipality or county pursuant to Article VII of the
26Constitution" includes ordinances, resolutions and petitions

 

 

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1adopted by referendum which provide for the form of
2government, the officers or the manner of selection or terms
3of office of officers of such municipality or county, pursuant
4to the provisions of Sections 4, 6 or 7 of Article VII of the
5Constitution.
6    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
76-60, and 6-66 shall include a computer tape or computer disc
8or other electronic data processing information containing
9voter information.
10    18. "Accessible" means accessible to persons with
11disabilities and elderly individuals for the purpose of voting
12or registration, as determined by rule of the State Board of
13Elections.
14    19. "Elderly" means 65 years of age or older.
15    20. "Person with a disability", "disability", "disabled
16voter", or "voter with a disability" means a person having a
17temporary or permanent physical disability or an intellectual
18or developmental disability.
19    21. "Leading political party" means one of the two
20political parties whose candidates for governor at the most
21recent three gubernatorial elections received either the
22highest or second highest average number of votes. The
23political party whose candidates for governor received the
24highest average number of votes shall be known as the first
25leading political party and the political party whose
26candidates for governor received the second highest average

 

 

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1number of votes shall be known as the second leading political
2party.
3    22. "Business day" means any day in which the office of an
4election authority, local election official or the State Board
5of Elections is open to the public for a minimum of 7 hours.
6    23. "Homeless individual" means any person who has a
7nontraditional residence, including, but not limited to, a
8shelter, day shelter, park bench, street corner, or space
9under a bridge.
10    24. "Signature" means a name signed in ink or in digitized
11form. This definition does not apply to a nominating or
12candidate petition or a referendum petition.
13    25. "Intelligent mail barcode tracking system" means a
14printed trackable barcode attached to the return business
15reply envelope for mail-in ballots under Article 19 or Article
1620 that allows an election authority to determine the date the
17envelope was mailed in absence of a postmark.
18(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
 
19    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
20    Sec. 4-8. The county clerk shall provide a sufficient
21number of blank forms for the registration of electors, which
22shall be known as registration record cards and which shall
23consist of loose leaf sheets or cards, of suitable size to
24contain in plain writing and figures the data hereinafter
25required thereon or shall consist of computer cards of

 

 

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1suitable nature to contain the data required thereon. The
2registration record cards, which shall include an affidavit of
3registration as hereinafter provided, shall be executed in
4duplicate.
5    The registration record card shall contain the following
6and such other information as the county clerk may think it
7proper to require for the identification of the applicant for
8registration:
9    Name. The name of the applicant, giving surname and first
10or Christian name in full, and the middle name or the initial
11for such middle name, if any.
12    Sex.
13    Residence. The name and number of the street, avenue, or
14other location of the dwelling, including the apartment, unit
15or room number, if any, and in the case of a mobile home the
16lot number, and such additional clear and definite description
17as may be necessary to determine the exact location of the
18dwelling of the applicant. Where the location cannot be
19determined by street and number, then the section,
20congressional township and range number may be used, or such
21other description as may be necessary, including post-office
22mailing address. In the case of a homeless individual, the
23individual's voting residence that is his or her mailing
24address shall be included on his or her registration record
25card.
26    Term of residence in the State of Illinois and precinct.

 

 

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1This information shall be furnished by the applicant stating
2the place or places where he resided and the dates during which
3he resided in such place or places during the year next
4preceding the date of the next ensuing election.
5    Nativity. The state or country in which the applicant was
6born.
7    Citizenship. Whether the applicant is native born or
8naturalized. If naturalized, the court, place, and date of
9naturalization.
10    Date of application for registration, i.e., the day, month
11and year when applicant presented himself for registration.
12    Age. Date of birth, by month, day and year.
13    Disability Physical disability of the applicant, if any,
14at the time of registration, which would require assistance in
15voting.
16    The county and state in which the applicant was last
17registered.
18    Electronic mail address, if any.
19    Signature of voter. The applicant, after the registration
20and in the presence of a deputy registrar or other officer of
21registration shall be required to sign his or her name in ink
22or digitized form to the affidavit on both the original and
23duplicate registration record cards.
24    Signature of deputy registrar or officer of registration.
25    In case applicant is unable to sign his name, he may affix
26his mark to the affidavit. In such case the officer empowered

 

 

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1to give the registration oath shall write a detailed
2description of the applicant in the space provided on the back
3or at the bottom of the card or sheet; and shall ask the
4following questions and record the answers thereto:
5    Father's first name.
6    Mother's first name.
7    From what address did the applicant last register?
8    Reason for inability to sign name.
9    Each applicant for registration shall make an affidavit in
10substantially the following form:
11
AFFIDAVIT OF REGISTRATION
12STATE OF ILLINOIS
13COUNTY OF .......
14    I hereby swear (or affirm) that I am a citizen of the
15United States; that on the date of the next election I shall
16have resided in the State of Illinois and in the election
17precinct in which I reside 30 days and that I intend that this
18location shall be my residence; that I am fully qualified to
19vote, and that the above statements are true.
20
..............................
21
(His or her signature or mark)
22    Subscribed and sworn to before me on (insert date).
23..................................
24Signature of registration officer.
25(To be signed in presence of registrant.)
 

 

 

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1    Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4    Each registration record card shall be numbered according
5to precincts, and may be serially or otherwise marked for
6identification in such manner as the county clerk may
7determine.
8    The registration cards shall be deemed public records and
9shall be open to inspection during regular business hours,
10except during the 27 days immediately preceding any election.
11On written request of any candidate or objector or any person
12intending to object to a petition, the election authority
13shall extend its hours for inspection of registration cards
14and other records of the election authority during the period
15beginning with the filing of petitions under Sections 7-10,
168-8, 10-6 or 28-3 and continuing through the termination of
17electoral board hearings on any objections to petitions
18containing signatures of registered voters in the jurisdiction
19of the election authority. The extension shall be for a period
20of hours sufficient to allow adequate opportunity for
21examination of the records but the election authority is not
22required to extend its hours beyond the period beginning at
23its normal opening for business and ending at midnight. If the
24business hours are so extended, the election authority shall
25post a public notice of such extended hours. Registration
26record cards may also be inspected, upon approval of the

 

 

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1officer in charge of the cards, during the 27 days immediately
2preceding any election. Registration record cards shall also
3be open to inspection by certified judges and poll watchers
4and challengers at the polling place on election day, but only
5to the extent necessary to determine the question of the right
6of a person to vote or to serve as a judge of election. At no
7time shall poll watchers or challengers be allowed to
8physically handle the registration record cards.
9    Updated copies of computer tapes or computer discs or
10other electronic data processing information containing voter
11registration information shall be furnished by the county
12clerk within 10 days after December 15 and May 15 each year and
13within 10 days after each registration period is closed to the
14State Board of Elections in a form prescribed by the Board. For
15the purposes of this Section, a registration period is closed
1627 days before the date of any regular or special election.
17Registration information shall include, but not be limited to,
18the following information: name, sex, residence, telephone
19number, if any, age, party affiliation, if applicable,
20precinct, ward, township, county, and representative,
21legislative and congressional districts. In the event of
22noncompliance, the State Board of Elections is directed to
23obtain compliance forthwith with this nondiscretionary duty of
24the election authority by instituting legal proceedings in the
25circuit court of the county in which the election authority
26maintains the registration information. The costs of

 

 

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1furnishing updated copies of tapes or discs shall be paid at a
2rate of $.00034 per name of registered voters in the election
3jurisdiction, but not less than $50 per tape or disc and shall
4be paid from appropriations made to the State Board of
5Elections for reimbursement to the election authority for such
6purpose. The State Board shall furnish copies of such tapes,
7discs, other electronic data or compilations thereof to state
8political committees registered pursuant to the Illinois
9Campaign Finance Act or the Federal Election Campaign Act and
10to governmental entities, at their request and at a reasonable
11cost. To protect the privacy and confidentiality of voter
12registration information, the disclosure of electronic voter
13registration records to any person or entity other than to a
14State or local political committee and other than to a
15governmental entity for a governmental purpose is specifically
16prohibited except as follows: subject to security measures
17adopted by the State Board of Elections which, at a minimum,
18shall include the keeping of a catalog or database, available
19for public view, including the name, address, and telephone
20number of the person viewing the list as well as the time of
21that viewing, any person may view the centralized statewide
22voter registration list on a computer screen at the
23Springfield office of the State Board of Elections, during
24normal business hours other than during the 27 days before an
25election, but the person viewing the list under this exception
26may not print, duplicate, transmit, or alter the list. Copies

 

 

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1of the tapes, discs, or other electronic data shall be
2furnished by the county clerk to local political committees
3and governmental entities at their request and at a reasonable
4cost. Reasonable cost of the tapes, discs, et cetera for this
5purpose would be the cost of duplication plus 15% for
6administration. The individual representing a political
7committee requesting copies of such tapes shall make a sworn
8affidavit that the information shall be used only for bona
9fide political purposes, including by or for candidates for
10office or incumbent office holders. Such tapes, discs or other
11electronic data shall not be used under any circumstances by
12any political committee or individuals for purposes of
13commercial solicitation or other business purposes. If such
14tapes contain information on county residents related to the
15operations of county government in addition to registration
16information, that information shall not be used under any
17circumstances for commercial solicitation or other business
18purposes. The prohibition in this Section against using the
19computer tapes or computer discs or other electronic data
20processing information containing voter registration
21information for purposes of commercial solicitation or other
22business purposes shall be prospective only from the effective
23date of this amended Act of 1979. Any person who violates this
24provision shall be guilty of a Class 4 felony.
25    The State Board of Elections shall promulgate, by October
261, 1987, such regulations as may be necessary to ensure

 

 

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1uniformity throughout the State in electronic data processing
2of voter registration information. The regulations shall
3include, but need not be limited to, specifications for
4uniform medium, communications protocol and file structure to
5be employed by the election authorities of this State in the
6electronic data processing of voter registration information.
7Each election authority utilizing electronic data processing
8of voter registration information shall comply with such
9regulations on and after May 15, 1988.
10    If the applicant for registration was last registered in
11another county within this State, he shall also sign a
12certificate authorizing cancellation of the former
13registration. The certificate shall be in substantially the
14following form:
15To the County Clerk of.... County, Illinois. (or)
16To the Election Commission of the City of ...., Illinois.
17    This is to certify that I am registered in your (county)
18(city) and that my residence was ............................
19Having moved out of your (county) (city), I hereby authorize
20you to cancel said registration in your office.
21Dated at ...., Illinois, on (insert date).
22
.................................
23
(Signature of Voter)
24Attest: ................,  County Clerk, .............
25County, Illinois.
26    The cancellation certificate shall be mailed immediately

 

 

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1by the County Clerk to the County Clerk (or election
2commission as the case may be) where the applicant was
3formerly registered. Receipt of such certificate shall be full
4authority for cancellation of any previous registration.
5(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
6    (10 ILCS 5/4-8.01)  (from Ch. 46, par. 4-8.01)
7    Sec. 4-8.01. If an applicant for registration reports a
8permanent physical disability which would require assistance
9in voting, the county clerk shall mark all his registration
10cards in the right margin on the front of the card with a band
11of ink running the full margin which shall be of contrast to,
12and easily distinguishable from, the color of the card. If an
13applicant for registration declares upon properly witnessed
14oath, with his signature or mark affixed, that he cannot read
15the English language and that he will require assistance in
16voting, all his registration cards shall be marked in a manner
17similar to the marking on the cards of a voter who requires
18assistance because of physical disability, except that the
19marking shall be of a different distinguishing color.
20Following each election the cards of any voter who has
21requested assistance as a voter with a disability, and has
22stated that the disability is permanent, or who has received
23assistance because of inability to read the English language,
24shall be marked in the same manner.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
2    Sec. 5-7. The county clerk shall provide a sufficient
3number of blank forms for the registration of electors which
4shall be known as registration record cards and which shall
5consist of loose leaf sheets or cards, of suitable size to
6contain in plain writing and figures the data hereinafter
7required thereon or shall consist of computer cards of
8suitable nature to contain the data required thereon. The
9registration record cards, which shall include an affidavit of
10registration as hereinafter provided, shall be executed in
11duplicate.
12    The registration record card shall contain the following
13and such other information as the county clerk may think it
14proper to require for the identification of the applicant for
15registration:
16    Name. The name of the applicant, giving surname and first
17or Christian name in full, and the middle name or the initial
18for such middle name, if any.
19    Sex.
20    Residence. The name and number of the street, avenue, or
21other location of the dwelling, including the apartment, unit
22or room number, if any, and in the case of a mobile home the
23lot number, and such additional clear and definite description
24as may be necessary to determine the exact location of the
25dwelling of the applicant, including post-office mailing

 

 

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1address. In the case of a homeless individual, the
2individual's voting residence that is his or her mailing
3address shall be included on his or her registration record
4card.
5    Term of residence in the State of Illinois and the
6precinct. Which questions may be answered by the applicant
7stating, in excess of 30 days in the State and in excess of 30
8days in the precinct.
9    Nativity. The State or country in which the applicant was
10born.
11    Citizenship. Whether the applicant is native born or
12naturalized. If naturalized, the court, place and date of
13naturalization.
14    Date of application for registration, i.e., the day, month
15and year when applicant presented himself for registration.
16    Age. Date of birth, by month, day and year.
17    Disability Physical disability of the applicant, if any,
18at the time of registration, which would require assistance in
19voting.
20    The county and state in which the applicant was last
21registered.
22    Electronic mail address, if any.
23    Signature of voter. The applicant, after the registration
24and in the presence of a deputy registrar or other officer of
25registration shall be required to sign his or her name in ink
26or digitized form to the affidavit on the original and

 

 

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1duplicate registration record card.
2    Signature of Deputy Registrar.
3    In case applicant is unable to sign his name, he may affix
4his mark to the affidavit. In such case the officer empowered
5to give the registration oath shall write a detailed
6description of the applicant in the space provided at the
7bottom of the card or sheet; and shall ask the following
8questions and record the answers thereto:
9    Father's first name .......................
10    Mother's first name .......................
11    From what address did you last register?
12    Reason for inability to sign name.
13    Each applicant for registration shall make an affidavit in
14substantially the following form:
15
AFFIDAVIT OF REGISTRATION
16State of Illinois)
17                 )ss
18County of        )
19    I hereby swear (or affirm) that I am a citizen of the
20United States; that on the date of the next election I shall
21have resided in the State of Illinois and in the election
22precinct in which I reside 30 days; that I am fully qualified
23to vote. That I intend that this location shall be my residence
24and that the above statements are true.
25
..............................
26
(His or her signature or mark)

 

 

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1    Subscribed and sworn to before me on (insert date).
2.........................................
3    Signature of Registration Officer.
4(To be signed in presence of Registrant.)
 
5    Space shall be provided upon the face of each registration
6record card for the notation of the voting record of the person
7registered thereon.
8    Each registration record card shall be numbered according
9to towns and precincts, wards, cities and villages, as the
10case may be, and may be serially or otherwise marked for
11identification in such manner as the county clerk may
12determine.
13    The registration cards shall be deemed public records and
14shall be open to inspection during regular business hours,
15except during the 27 days immediately preceding any election.
16On written request of any candidate or objector or any person
17intending to object to a petition, the election authority
18shall extend its hours for inspection of registration cards
19and other records of the election authority during the period
20beginning with the filing of petitions under Sections 7-10,
218-8, 10-6 or 28-3 and continuing through the termination of
22electoral board hearings on any objections to petitions
23containing signatures of registered voters in the jurisdiction
24of the election authority. The extension shall be for a period
25of hours sufficient to allow adequate opportunity for

 

 

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1examination of the records but the election authority is not
2required to extend its hours beyond the period beginning at
3its normal opening for business and ending at midnight. If the
4business hours are so extended, the election authority shall
5post a public notice of such extended hours. Registration
6record cards may also be inspected, upon approval of the
7officer in charge of the cards, during the 27 days immediately
8preceding any election. Registration record cards shall also
9be open to inspection by certified judges and poll watchers
10and challengers at the polling place on election day, but only
11to the extent necessary to determine the question of the right
12of a person to vote or to serve as a judge of election. At no
13time shall poll watchers or challengers be allowed to
14physically handle the registration record cards.
15    Updated copies of computer tapes or computer discs or
16other electronic data processing information containing voter
17registration information shall be furnished by the county
18clerk within 10 days after December 15 and May 15 each year and
19within 10 days after each registration period is closed to the
20State Board of Elections in a form prescribed by the Board. For
21the purposes of this Section, a registration period is closed
2227 days before the date of any regular or special election.
23Registration information shall include, but not be limited to,
24the following information: name, sex, residence, telephone
25number, if any, age, party affiliation, if applicable,
26precinct, ward, township, county, and representative,

 

 

SB2326- 21 -LRB102 15669 SMS 21033 b

1legislative and congressional districts. In the event of
2noncompliance, the State Board of Elections is directed to
3obtain compliance forthwith with this nondiscretionary duty of
4the election authority by instituting legal proceedings in the
5circuit court of the county in which the election authority
6maintains the registration information. The costs of
7furnishing updated copies of tapes or discs shall be paid at a
8rate of $.00034 per name of registered voters in the election
9jurisdiction, but not less than $50 per tape or disc and shall
10be paid from appropriations made to the State Board of
11Elections for reimbursement to the election authority for such
12purpose. The State Board shall furnish copies of such tapes,
13discs, other electronic data or compilations thereof to state
14political committees registered pursuant to the Illinois
15Campaign Finance Act or the Federal Election Campaign Act and
16to governmental entities, at their request and at a reasonable
17cost. To protect the privacy and confidentiality of voter
18registration information, the disclosure of electronic voter
19registration records to any person or entity other than to a
20State or local political committee and other than to a
21governmental entity for a governmental purpose is specifically
22prohibited except as follows: subject to security measures
23adopted by the State Board of Elections which, at a minimum,
24shall include the keeping of a catalog or database, available
25for public view, including the name, address, and telephone
26number of the person viewing the list as well as the time of

 

 

SB2326- 22 -LRB102 15669 SMS 21033 b

1that viewing, any person may view the centralized statewide
2voter registration list on a computer screen at the
3Springfield office of the State Board of Elections, during
4normal business hours other than during the 27 days before an
5election, but the person viewing the list under this exception
6may not print, duplicate, transmit, or alter the list. Copies
7of the tapes, discs or other electronic data shall be
8furnished by the county clerk to local political committees
9and governmental entities at their request and at a reasonable
10cost. Reasonable cost of the tapes, discs, et cetera for this
11purpose would be the cost of duplication plus 15% for
12administration. The individual representing a political
13committee requesting copies of such tapes shall make a sworn
14affidavit that the information shall be used only for bona
15fide political purposes, including by or for candidates for
16office or incumbent office holders. Such tapes, discs or other
17electronic data shall not be used under any circumstances by
18any political committee or individuals for purposes of
19commercial solicitation or other business purposes. If such
20tapes contain information on county residents related to the
21operations of county government in addition to registration
22information, that information shall not be used under any
23circumstances for commercial solicitation or other business
24purposes. The prohibition in this Section against using the
25computer tapes or computer discs or other electronic data
26processing information containing voter registration

 

 

SB2326- 23 -LRB102 15669 SMS 21033 b

1information for purposes of commercial solicitation or other
2business purposes shall be prospective only from the effective
3date of this amended Act of 1979. Any person who violates this
4provision shall be guilty of a Class 4 felony.
5    The State Board of Elections shall promulgate, by October
61, 1987, such regulations as may be necessary to ensure
7uniformity throughout the State in electronic data processing
8of voter registration information. The regulations shall
9include, but need not be limited to, specifications for
10uniform medium, communications protocol and file structure to
11be employed by the election authorities of this State in the
12electronic data processing of voter registration information.
13Each election authority utilizing electronic data processing
14of voter registration information shall comply with such
15regulations on and after May 15, 1988.
16    If the applicant for registration was last registered in
17another county within this State, he shall also sign a
18certificate authorizing cancellation of the former
19registration. The certificate shall be in substantially the
20following form:
21To the County Clerk of .... County, Illinois. To the Election
22Commission of the City of ...., Illinois.
23    This is to certify that I am registered in your (county)
24(city) and that my residence was .....
25    Having moved out of your (county) (city), I hereby
26authorize you to cancel said registration in your office.

 

 

SB2326- 24 -LRB102 15669 SMS 21033 b

1Dated at .... Illinois, on (insert date).
2
....................
3
(Signature of Voter)
4
Attest ......, County Clerk, ........ County, Illinois.
5    The cancellation certificate shall be mailed immediately
6by the county clerk to the county clerk (or election
7commission as the case may be) where the applicant was
8formerly registered. Receipt of such certificate shall be full
9authority for cancellation of any previous registration.
10(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
11    (10 ILCS 5/5-7.01)  (from Ch. 46, par. 5-7.01)
12    Sec. 5-7.01. If an applicant for registration reports a
13permanent physical disability which would require assistance
14in voting, the county clerk shall mark all his registration
15cards in the right margin on the front of the card with a band
16of ink running the full margin which shall be of contrast to,
17and easily distinguishable from, the color of the card. If an
18applicant for registration declares upon properly witnessed
19oath, with his signature or mark affixed, that he cannot read
20the English language and that he will require assistance in
21voting, all his registration cards shall be marked in a manner
22similar to the marking on the cards of a voter who requires
23assistance because of physical disability, except that the
24marking shall be of a different distinguishing color.
25Following each election the cards of any voter who has

 

 

SB2326- 25 -LRB102 15669 SMS 21033 b

1requested assistance as a voter with a disability, and has
2stated that the disability is permanent, or who has received
3assistance because of inability to read the English language,
4shall be marked in the same manner.
5(Source: P.A. 99-143, eff. 7-27-15.)
 
6    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
7    Sec. 6-35. The Boards of Election Commissioners shall
8provide a sufficient number of blank forms for the
9registration of electors which shall be known as registration
10record cards and which shall consist of loose leaf sheets or
11cards, of suitable size to contain in plain writing and
12figures the data hereinafter required thereon or shall consist
13of computer cards of suitable nature to contain the data
14required thereon. The registration record cards, which shall
15include an affidavit of registration as hereinafter provided,
16shall be executed in duplicate. The duplicate of which may be a
17carbon copy of the original or a copy of the original made by
18the use of other method or material used for making
19simultaneous true copies or duplications.
20    The registration record card shall contain the following
21and such other information as the Board of Election
22Commissioners may think it proper to require for the
23identification of the applicant for registration:
24    Name. The name of the applicant, giving surname and first
25or Christian name in full, and the middle name or the initial

 

 

SB2326- 26 -LRB102 15669 SMS 21033 b

1for such middle name, if any.
2    Sex.
3    Residence. The name and number of the street, avenue, or
4other location of the dwelling, including the apartment, unit
5or room number, if any, and in the case of a mobile home the
6lot number, and such additional clear and definite description
7as may be necessary to determine the exact location of the
8dwelling of the applicant, including post-office mailing
9address. In the case of a homeless individual, the
10individual's voting residence that is his or her mailing
11address shall be included on his or her registration record
12card.
13    Term of residence in the State of Illinois and the
14precinct.
15    Nativity. The state or country in which the applicant was
16born.
17    Citizenship. Whether the applicant is native born or
18naturalized. If naturalized, the court, place, and date of
19naturalization.
20    Date of application for registration, i.e., the day, month
21and year when the applicant presented himself for
22registration.
23    Age. Date of birth, by month, day and year.
24    Disability Physical disability of the applicant, if any,
25at the time of registration, which would require assistance in
26voting.

 

 

SB2326- 27 -LRB102 15669 SMS 21033 b

1    The county and state in which the applicant was last
2registered.
3    Electronic mail address, if any.
4    Signature of voter. The applicant, after registration and
5in the presence of a deputy registrar or other officer of
6registration shall be required to sign his or her name in ink
7or digitized form to the affidavit on both the original and the
8duplicate registration record card.
9    Signature of deputy registrar.
10    In case applicant is unable to sign his name, he may affix
11his mark to the affidavit. In such case the registration
12officer shall write a detailed description of the applicant in
13the space provided at the bottom of the card or sheet; and
14shall ask the following questions and record the answers
15thereto:
16    Father's first name .........................
17    Mother's first name .........................
18    From what address did you last register? ....
19    Reason for inability to sign name ...........
20    Each applicant for registration shall make an affidavit in
21substantially the following form:
22
AFFIDAVIT OF REGISTRATION
23State of Illinois  )
24                   )ss
25County of .......  )
26    I hereby swear (or affirm) that I am a citizen of the

 

 

SB2326- 28 -LRB102 15669 SMS 21033 b

1United States, that on the day of the next election I shall
2have resided in the State of Illinois and in the election
3precinct 30 days and that I intend that this location is my
4residence; that I am fully qualified to vote, and that the
5above statements are true.
6
..............................
7
(His or her signature or mark)
8    Subscribed and sworn to before me on (insert date).
9......................................
10    Signature of registration officer
11(to be signed in presence of registrant).
12    Space shall be provided upon the face of each registration
13record card for the notation of the voting record of the person
14registered thereon.
15    Each registration record card shall be numbered according
16to wards or precincts, as the case may be, and may be serially
17or otherwise marked for identification in such manner as the
18Board of Election Commissioners may determine.
19    The registration cards shall be deemed public records and
20shall be open to inspection during regular business hours,
21except during the 27 days immediately preceding any election.
22On written request of any candidate or objector or any person
23intending to object to a petition, the election authority
24shall extend its hours for inspection of registration cards
25and other records of the election authority during the period
26beginning with the filing of petitions under Sections 7-10,

 

 

SB2326- 29 -LRB102 15669 SMS 21033 b

18-8, 10-6 or 28-3 and continuing through the termination of
2electoral board hearings on any objections to petitions
3containing signatures of registered voters in the jurisdiction
4of the election authority. The extension shall be for a period
5of hours sufficient to allow adequate opportunity for
6examination of the records but the election authority is not
7required to extend its hours beyond the period beginning at
8its normal opening for business and ending at midnight. If the
9business hours are so extended, the election authority shall
10post a public notice of such extended hours. Registration
11record cards may also be inspected, upon approval of the
12officer in charge of the cards, during the 27 days immediately
13preceding any election. Registration record cards shall also
14be open to inspection by certified judges and poll watchers
15and challengers at the polling place on election day, but only
16to the extent necessary to determine the question of the right
17of a person to vote or to serve as a judge of election. At no
18time shall poll watchers or challengers be allowed to
19physically handle the registration record cards.
20    Updated copies of computer tapes or computer discs or
21other electronic data processing information containing voter
22registration information shall be furnished by the Board of
23Election Commissioners within 10 days after December 15 and
24May 15 each year and within 10 days after each registration
25period is closed to the State Board of Elections in a form
26prescribed by the State Board. For the purposes of this

 

 

SB2326- 30 -LRB102 15669 SMS 21033 b

1Section, a registration period is closed 27 days before the
2date of any regular or special election. Registration
3information shall include, but not be limited to, the
4following information: name, sex, residence, telephone number,
5if any, age, party affiliation, if applicable, precinct, ward,
6township, county, and representative, legislative and
7congressional districts. In the event of noncompliance, the
8State Board of Elections is directed to obtain compliance
9forthwith with this nondiscretionary duty of the election
10authority by instituting legal proceedings in the circuit
11court of the county in which the election authority maintains
12the registration information. The costs of furnishing updated
13copies of tapes or discs shall be paid at a rate of $.00034 per
14name of registered voters in the election jurisdiction, but
15not less than $50 per tape or disc and shall be paid from
16appropriations made to the State Board of Elections for
17reimbursement to the election authority for such purpose. The
18State Board shall furnish copies of such tapes, discs, other
19electronic data or compilations thereof to state political
20committees registered pursuant to the Illinois Campaign
21Finance Act or the Federal Election Campaign Act and to
22governmental entities, at their request and at a reasonable
23cost. To protect the privacy and confidentiality of voter
24registration information, the disclosure of electronic voter
25registration records to any person or entity other than to a
26State or local political committee and other than to a

 

 

SB2326- 31 -LRB102 15669 SMS 21033 b

1governmental entity for a governmental purpose is specifically
2prohibited except as follows: subject to security measures
3adopted by the State Board of Elections which, at a minimum,
4shall include the keeping of a catalog or database, available
5for public view, including the name, address, and telephone
6number of the person viewing the list as well as the time of
7that viewing, any person may view the centralized statewide
8voter registration list on a computer screen at the
9Springfield office of the State Board of Elections, during
10normal business hours other than during the 27 days before an
11election, but the person viewing the list under this exception
12may not print, duplicate, transmit, or alter the list. Copies
13of the tapes, discs or other electronic data shall be
14furnished by the Board of Election Commissioners to local
15political committees and governmental entities at their
16request and at a reasonable cost. Reasonable cost of the
17tapes, discs, et cetera for this purpose would be the cost of
18duplication plus 15% for administration. The individual
19representing a political committee requesting copies of such
20tapes shall make a sworn affidavit that the information shall
21be used only for bona fide political purposes, including by or
22for candidates for office or incumbent office holders. Such
23tapes, discs or other electronic data shall not be used under
24any circumstances by any political committee or individuals
25for purposes of commercial solicitation or other business
26purposes. If such tapes contain information on county

 

 

SB2326- 32 -LRB102 15669 SMS 21033 b

1residents related to the operations of county government in
2addition to registration information, that information shall
3not be used under any circumstances for commercial
4solicitation or other business purposes. The prohibition in
5this Section against using the computer tapes or computer
6discs or other electronic data processing information
7containing voter registration information for purposes of
8commercial solicitation or other business purposes shall be
9prospective only from the effective date of this amended Act
10of 1979. Any person who violates this provision shall be
11guilty of a Class 4 felony.
12    The State Board of Elections shall promulgate, by October
131, 1987, such regulations as may be necessary to ensure
14uniformity throughout the State in electronic data processing
15of voter registration information. The regulations shall
16include, but need not be limited to, specifications for
17uniform medium, communications protocol and file structure to
18be employed by the election authorities of this State in the
19electronic data processing of voter registration information.
20Each election authority utilizing electronic data processing
21of voter registration information shall comply with such
22regulations on and after May 15, 1988.
23    If the applicant for registration was last registered in
24another county within this State, he shall also sign a
25certificate authorizing cancellation of the former
26registration. The certificate shall be in substantially the

 

 

SB2326- 33 -LRB102 15669 SMS 21033 b

1following form:
2To the County Clerk of .... County, Illinois.
3To the Election Commission of the City of ...., Illinois.
4    This is to certify that I am registered in your (county)
5(city) and that my residence was ..... Having moved out of your
6(county), (city), I hereby authorize you to cancel that
7registration in your office.
8    Dated at ...., Illinois, on (insert date).
9
....................
10
(Signature of Voter)
11    Attest ...., Clerk, Election Commission of the City
12of...., Illinois.
13    The cancellation certificate shall be mailed immediately
14by the clerk of the Election Commission to the county clerk,
15(or Election Commission as the case may be) where the
16applicant was formerly registered. Receipt of such certificate
17shall be full authority for cancellation of any previous
18registration.
19(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
20    (10 ILCS 5/6-35.01)  (from Ch. 46, par. 6-35.01)
21    Sec. 6-35.01. If an applicant for registration reports a
22permanent physical disability which would require assistance
23in voting, the board of election commissioners shall mark all
24his registration cards in the right margin on the front of the
25card with a band of ink running the full margin which shall be

 

 

SB2326- 34 -LRB102 15669 SMS 21033 b

1of contrast to, and easily distinguishable from, the color of
2the card. If an applicant for registration declares upon
3properly witnessed oath, with his signature or mark affixed,
4that he cannot read the English language and that he will
5require assistance in voting, all his registration cards shall
6be marked in a manner similar to the marking on the cards of a
7voter who requires assistance because of physical disability,
8except that the marking shall be of a different distinguishing
9color. Following each election the cards of any voter who has
10requested assistance as a voter with a disability, and has
11stated that the disability is permanent, or who has received
12assistance because of inability to read the English language,
13shall be marked in the same manner.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    (10 ILCS 5/7-47.1)  (from Ch. 46, par. 7-47.1)
16    Sec. 7-47.1. (a) In the case of an emergency, as
17determined by the State Board of Elections, or if the Board
18determines that all potential polling places have been
19surveyed by the election authority and that no accessible
20polling place, as defined by rule of the State Board of
21Elections, is available within a precinct nor is the election
22authority able to make a polling place within the precinct
23temporarily accessible, the Board, upon written application by
24the election authority, is authorized to grant an exemption
25from the accessibility requirements of the Federal Voting

 

 

SB2326- 35 -LRB102 15669 SMS 21033 b

1Accessibility for the Elderly and Handicapped Act (Public Law
298-435). Such exemption shall be valid for a period of 2 years.
3    (b) Any temporarily or permanently physically disabled
4voter who, because of structural features of the building in
5which the polling place is located, is unable to access or
6enter the polling place, may request that 2 judges of election
7of opposite party affiliation deliver a ballot to him or her at
8the point where he or she is unable to continue forward motion
9toward the polling place; but, in no case, shall a ballot be
10delivered to the voter beyond 50 feet of the entrance to the
11building in which the polling place is located. Such request
12shall be made to the election authority not later than the
13close of business at the election authority's office on the
14day before the election and on a form prescribed by the State
15Board of Elections. The election authority shall notify the
16judges of election for the appropriate precinct polling places
17of such requests.
18    Weather permitting, 2 judges of election shall deliver to
19the disabled voter the ballot which he or she is entitled to
20vote, a portable voting booth or other enclosure that will
21allow such voter to mark his or her ballot in secrecy, and a
22marking device.
23    (c) The voter must complete the entire voting process,
24including the application for ballot from which the judges of
25election shall compare the voter's signature with the
26signature on his or her registration record card in the

 

 

SB2326- 36 -LRB102 15669 SMS 21033 b

1precinct binder.
2    After the voter has marked his or her ballot and placed it
3in the ballot envelope (or folded it in the manner prescribed
4for paper ballots), the 2 judges of election shall return the
5ballot to the polling place and give it to the judge in charge
6of the ballot box who shall deposit it therein.
7    Pollwatchers as provided in Sections 7-34 and 17-23 of
8this Code shall be permitted to accompany the judges and
9observe the above procedure.
10    No assistance may be given to such voter in marking his or
11her ballot, unless the voter requests assistance and completes
12the affidavit required by Section 17-14 of this Code.
13(Source: P.A. 84-808.)
 
14    (10 ILCS 5/7-48)  (from Ch. 46, par. 7-48)
15    Sec. 7-48. Any primary elector who may declare upon oath,
16properly witnessed and with his or her signature or mark
17affixed, that he or she requires assistance to vote by reason
18of blindness, physical disability or inability to read, write
19or speak the English language, shall, upon request, be
20assisted in marking his or her primary ballot in the same
21manner as provided by this Act for general elections.
22(Source: P.A. 84-808.)
 
23    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
24    Sec. 12-1. At least 75 60 days prior to each general and

 

 

SB2326- 37 -LRB102 15669 SMS 21033 b

1consolidated election, the election authority shall provide
2public notice, calculated to reach elderly voters and voters
3with disabilities, of the availability of registration and
4voting aids under the Federal Voting Accessibility for the
5Elderly and Handicapped Act, of the availability of assistance
6in marking the ballot, procedures for voting by vote by mail
7ballot, and procedures for voting early by personal
8appearance.
9    At least 30 days before any general election, and at least
1020 days before any special congressional election, the county
11clerk shall publish a notice of the election in 2 or more
12newspapers published in the county, city, village,
13incorporated town or town, as the case may be, or if there is
14no such newspaper, then in any 2 or more newspapers published
15in the county and having a general circulation throughout the
16community. The notice may be substantially as follows:
17    Notice is hereby given that on (give date), at (give the
18place of holding the election and the name of the precinct or
19district) in the county of (name county), an election will be
20held for (give the title of the several offices to be filled),
21which election will be open at 6:00 a.m. and continued open
22until 7:00 p.m. of that day.
23    Dated at .... on (insert date).
24(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
 
25    (10 ILCS 5/17-14)  (from Ch. 46, par. 17-14)

 

 

SB2326- 38 -LRB102 15669 SMS 21033 b

1    Sec. 17-14. Any voter who declares upon oath, properly
2witnessed and with his or her signature or mark affixed, that
3he or she requires assistance to vote by reason of blindness,
4physical disability or inability to read, write or speak the
5English language shall, upon request, be assisted in marking
6his or her ballot, by 2 judges of election of different
7political parties, to be selected by all judges of election of
8each precinct at the opening of the polls or by a person of the
9voter's choice, other than the voter's employer or agent of
10that employer or officer or agent of the voter's union. A voter
11who presents an Illinois Person with a Disability
12Identification Card, issued to that person under the
13provisions of the Illinois Identification Card Act, indicating
14that such voter has a Class 1A or Class 2 disability under the
15provisions of Section 4A of the Illinois Identification Card
16Act, or a voter who declares upon oath, properly witnessed,
17that by reason of any physical disability he is unable to mark
18his ballot shall, upon request, be assisted in marking his
19ballot by 2 of the election officers of different parties as
20provided above in this Section or by a person of the voter's
21choice other than the voter's employer or agent of that
22employer or officer or agent of the voter's union. Such voter
23shall state specifically the reason why he cannot vote without
24assistance and, in the case of a voter with a physical
25disability, what his physical disability is. Prior to entering
26the voting booth, the person providing the assistance, if

 

 

SB2326- 39 -LRB102 15669 SMS 21033 b

1other than 2 judges of election, shall be presented with
2written instructions on how assistance shall be provided. This
3instruction shall be prescribed by the State Board of
4Elections and shall include the penalties for attempting to
5influence the voter's choice of candidates, party, or votes in
6relation to any question on the ballot and for not marking the
7ballot as directed by the voter. Additionally, the person
8providing the assistance shall sign an oath, swearing not to
9influence the voter's choice of candidates, party, or votes in
10relation to any question on the ballot and to cast the ballot
11as directed by the voter. The oath shall be prescribed by the
12State Board of Elections and shall include the penalty for
13violating this Section. In the voting booth, such person shall
14mark the ballot as directed by the voter, and shall thereafter
15give no information regarding the same. The judges of election
16shall enter upon the poll lists or official poll record after
17the name of any elector who received such assistance in
18marking his ballot a memorandum of the fact and if the
19disability is permanent. Intoxication shall not be regarded as
20a physical disability, and no intoxicated person shall be
21entitled to assistance in marking his ballot.
22    No person shall secure or attempt to secure assistance in
23voting who is not blind, a person with a physical disability,
24or illiterate as herein provided, nor shall any person
25knowingly assist a voter in voting contrary to the provisions
26of this Section.

 

 

SB2326- 40 -LRB102 15669 SMS 21033 b

1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    (10 ILCS 5/19-2.4 new)
3    Sec. 19-2.4. Disability automatic vote by mail.
4    (a) For an election held on the date of a general election
5or consolidated election, the county clerk shall mail by
6non-forwardable mail an official ballot with a return
7identification envelope and a secrecy envelope not sooner than
8the 20th day before the date of the election and not later than
9the 14th day before the date of the election to each voter with
10a disability.
11    (b) For an election held on the date of a primary election
12or consolidated primary, the county clerk shall mail by
13non-forwardable mail an official ballot with a return
14identification envelope and a secrecy envelope not sooner than
15the 20th day before the date of the election and not later than
16the 14th day before the date of the election to each voter with
17a disability.
18    (c) The State Board of Elections, in partnership with the
19Department of Human Services, shall adopt rules that allow a
20recipient of a vote by mail ballot to return their ballot by
21other means than mail.
 
22    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
23    Sec. 19-5. It shall be the duty of the election authority
24to fold the ballot or ballots in the manner specified by the

 

 

SB2326- 41 -LRB102 15669 SMS 21033 b

1statute for folding ballots prior to their deposit in the
2ballot box, and to enclose such ballot or ballots in an
3envelope unsealed to be furnished by him, which envelope shall
4bear upon the face thereof the name, official title and post
5office address of the election authority, and upon the other
6side a printed certification in substantially the following
7form:
8    I state that I am a resident of the .... precinct of the
9(1) *township of .... (2) *City of .... or (3) *.... ward in
10the city of .... residing at .... in such city or town in the
11county of .... and State of Illinois, that I have lived at such
12address for .... months last past; and that I am lawfully
13entitled to vote in such precinct at the .... election to be
14held on .....
15*fill in either (1), (2) or (3).
16    I further state that I personally marked the enclosed
17ballot in secret.
18    Under penalties of perjury as provided by law pursuant to
19Section 29-10 of The Election Code, the undersigned certifies
20that the statements set forth in this certification are true
21and correct.
22
.......................
23    If the ballot is to go to an elector who is physically
24incapacitated and needs assistance marking the ballot, the
25envelope shall bear upon the back thereof a certification in
26substantially the following form:

 

 

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1    I state that I am a resident of the .... precinct of the
2(1) *township of .... (2) *City of .... or (3) *.... ward in
3the city of .... residing at .... in such city or town in the
4county of .... and State of Illinois, that I have lived at such
5address for .... months last past; that I am lawfully entitled
6to vote in such precinct at the .... election to be held on
7....; that I am physically incapable of personally marking the
8ballot for such election.
9*fill in either (1), (2) or (3).
10    I further state that I marked the enclosed ballot in
11secret with the assistance of
12
.................................
13
(Individual rendering assistance)
14
.................................
15
(Residence Address)
16    Under penalties of perjury as provided by law pursuant to
17Section 29-10 of The Election Code, the undersigned certifies
18that the statements set forth in this certification are true
19and correct.
20
.......................
21    In the case of a voter with a physical incapacity, marking
22a ballot in secret includes marking a ballot with the
23assistance of another individual, other than a candidate whose
24name appears on the ballot (unless the voter is the spouse or a
25parent, child, brother, or sister of the candidate), the
26voter's employer, an agent of that employer, or an officer or

 

 

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1agent of the voter's union, when the voter's physical
2incapacity necessitates such assistance.
3    In the case of a physically incapacitated voter, marking a
4ballot in secret includes marking a ballot with the assistance
5of another individual, other than a candidate whose name
6appears on the ballot (unless the voter is the spouse or a
7parent, child, brother, or sister of the candidate), the
8voter's employer, an agent of that employer, or an officer or
9agent of the voter's union, when the voter's physical
10incapacity necessitates such assistance.
11    Provided, that if the ballot enclosed is to be voted at a
12primary election, the certification shall designate the name
13of the political party with which the voter is affiliated.
14    In addition to the above, the election authority shall
15provide printed slips giving full instructions regarding the
16manner of marking and returning the ballot in order that the
17same may be counted, and shall furnish one of such printed
18slips to each of such applicants at the same time the ballot is
19delivered to him. Such instructions shall include the
20following statement: "In signing the certification on the vote
21by mail ballot envelope, you are attesting that you personally
22marked this vote by mail ballot in secret. If you are
23physically unable to mark the ballot, a friend or relative may
24assist you after completing the enclosed affidavit. Federal
25and State laws prohibit a candidate whose name appears on the
26ballot (unless you are the spouse or a parent, child, brother,

 

 

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1or sister of the candidate), your employer, your employer's
2agent or an officer or agent of your union from assisting
3voters with physical disabilities."
4    In addition to the above, if a ballot to be provided to an
5elector pursuant to this Section contains a public question
6described in subsection (b) of Section 28-6 and the territory
7concerning which the question is to be submitted is not
8described on the ballot due to the space limitations of such
9ballot, the election authority shall provide a printed copy of
10a notice of the public question, which shall include a
11description of the territory in the manner required by Section
1216-7. The notice shall be furnished to the elector at the same
13time the ballot is delivered to the elector.
14(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
 
15    (10 ILCS 5/19A-40)
16    Sec. 19A-40. Enclosure of ballots in envelope. It is the
17duty of the election judge or official to fold the ballot or
18ballots in the manner specified by the statute for folding
19ballots prior to their deposit in the ballot box, and to
20enclose the ballot or ballots in an envelope unsealed to be
21furnished by him or her, which envelope shall bear upon the
22face thereof the name, official title, and post office address
23of the election authority, and upon the other side a printed
24certification in substantially the following form:
25    I state that I am a resident of the .... precinct of the

 

 

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1(1) *township of .... (2) *City of .... or (3) *.... ward in
2the city of .... residing at .... in that city or town in the
3county of .... and State of Illinois, that I have lived at that
4address for .... months last past; that I am lawfully entitled
5to vote in that precinct at the .... election to be held on
6.... .
7*fill in either (1), (2) or (3).
8    I further state that I personally marked the enclosed
9ballot in secret.
10    Under penalties of perjury as provided by law pursuant to
11Section 29-10 of the Election Code, the undersigned certifies
12that the statements set forth in this certification are true
13and correct.
14
.......................
15    If the ballot enclosed is to be voted at a primary
16election, the certification shall designate the name of the
17political party with which the voter is affiliated.
18    In addition to the above, the election authority shall
19provide printed slips giving full instructions regarding the
20manner of marking and returning the ballot in order that the
21same may be counted, and shall furnish one of the printed slips
22to each of such applicants at the same time the ballot is
23delivered to him or her. The instructions shall include the
24following statement: "In signing the certification on the
25early ballot envelope, you are attesting that you personally
26marked this early ballot in secret. If you are physically

 

 

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1unable to mark the ballot, a friend or relative may assist you.
2Federal and State laws prohibit your employer, your employer's
3agent, or an officer or agent of your union from assisting
4voters with physical disabilities."
5    In addition to the above, if a ballot to be provided to a
6voter pursuant to this Section contains a public question
7described in subsection (b) of Section 28-6 and the territory
8concerning which the question is to be submitted is not
9described on the ballot due to the space limitations of the
10ballot, the election authority shall provide a printed copy of
11a notice of the public question, which shall include a
12description of the territory in the manner required by Section
1316-7. The notice shall be furnished to the voter at the same
14time the ballot is delivered to the voter.
15(Source: P.A. 99-143, eff. 7-27-15.)
 
16    (10 ILCS 5/24C-11)
17    Sec. 24C-11. Functional requirements. A Direct Recording
18Electronic Voting System shall, in addition to satisfying the
19other requirements of this Article, fulfill the following
20functional requirements:
21    (a) Provide a voter in a primary election with the means of
22casting a ballot containing votes for any and all candidates
23of the party or parties of his or her choice, and for any and
24all non-partisan candidates and public questions and preclude
25the voter from voting for any candidate of any other political

 

 

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1party except when legally permitted. In a general election,
2the system shall provide the voter with means of selecting the
3appropriate number of candidates for any office, and of voting
4on any public question on the ballot to which he or she is
5entitled to vote.
6    (b) If a voter is not entitled to vote for particular
7candidates or public questions appearing on the ballot, the
8system shall prevent the selection of the prohibited votes.
9    (c) Once the proper ballot has been selected, the system
10devices shall provide a means of enabling the recording of
11votes and the casting of said ballot.
12    (d) System voting devices shall provide voting choices
13that are clear to the voter and labels indicating the names of
14every candidate and the text of every public question on the
15voter's ballot. Each label shall identify the selection button
16or switch, or the active area of the ballot associated with it.
17The system shall be able to incorporate minimal,
18easy-to-follow on-screen instruction for the voter on how to
19cast a ballot.
20    (e) Voting devices shall (i) enable the voter to vote for
21any and all candidates and public questions appearing on the
22ballot for which the voter is lawfully entitled to vote, in any
23legal number and combination; (ii) detect and reject all votes
24for an office or upon a public question when the voter has cast
25more votes for the office or upon the public question than the
26voter is entitled to cast; (iii) notify the voter if the

 

 

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1voter's choices as recorded on the ballot for an office or
2public question are fewer than or exceed the number that the
3voter is entitled to vote for on that office or public question
4and the effect of casting more or fewer votes than legally
5permitted; (iv) notify the voter if the voter has failed to
6completely cast a vote for an office or public question
7appearing on the ballot; and (v) permit the voter, in a private
8and independent manner, to verify the votes selected by the
9voter, to change the ballot or to correct any error on the
10ballot before the ballot is completely cast and counted. A
11means shall be provided to indicate each selection after it
12has been made or canceled.
13    (f) System voting devices shall provide a means for the
14voter to signify that the selection of candidates and public
15questions has been completed. Upon activation, the system
16shall record an image of the completed ballot, increment the
17proper ballot position registers, and shall signify to the
18voter that the ballot has been cast. The system shall then
19prevent any further attempt to vote until it has been reset or
20re-enabled by a judge of election.
21    (g) Each system voting device shall be equipped with a
22public counter that can be set to zero prior to the opening of
23the polling place, and that records the number of ballots cast
24at a particular election. The counter shall be incremented
25only by the casting of a ballot. The counter shall be designed
26to prevent disabling or resetting by other than authorized

 

 

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1persons after the polls close. The counter shall be visible to
2all judges of election so long as the device is installed at
3the polling place.
4    (h) Each system voting device shall be equipped with a
5protective counter that records all of the testing and
6election ballots cast since the unit was built. This counter
7shall be designed so that its reading cannot be changed by any
8cause other than the casting of a ballot. The protective
9counter shall be incapable of ever being reset and it shall be
10visible at all times when the device is configured for
11testing, maintenance, or election use.
12    (i) All system devices shall provide a means of preventing
13further voting once the polling place has closed and after all
14eligible voters have voted. Such means of control shall
15incorporate a visible indication of system status. Each device
16shall prevent any unauthorized use, prevent tampering with
17ballot labels and preclude its re-opening once the poll
18closing has been completed for that election.
19    (j) The system shall produce a printed summary report of
20the votes cast upon each voting device. Until the proper
21sequence of events associated with closing the polling place
22has been completed, the system shall not allow the printing of
23a report or the extraction of data. The printed report shall
24also contain all system audit information to be required by
25the election authority. Data shall not be altered or otherwise
26destroyed by report generation and the system shall ensure the

 

 

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1integrity and security of data for a period of at least 6
2months after the polls close.
3    (k) If more than one voting device is used in a polling
4place, the system shall provide a means to manually or
5electronically consolidate the data from all such units into a
6single report even if different voting systems are used to
7record ballots. The system shall also be capable of merging
8the vote tabulation results produced by other vote tabulation
9systems, if necessary.
10    (l) System functions shall be implemented such that
11unauthorized access to them is prevented and the execution of
12authorized functions in an improper sequence is precluded.
13System functions shall be executable only in the intended
14manner and order, and only under the intended conditions. If
15the preconditions to a system function have not been met, the
16function shall be precluded from executing by the system's
17control logic.
18    (m) All system voting devices shall incorporate at least 3
19memories in the machine itself and in its programmable memory
20devices.
21    (n) The system shall include capabilities of recording and
22reporting the date and time of normal and abnormal events and
23of maintaining a permanent record of audit information that
24cannot be turned off. Provisions shall be made to detect and
25record significant events (e.g., casting a ballot, error
26conditions that cannot be disposed of by the system itself,

 

 

SB2326- 51 -LRB102 15669 SMS 21033 b

1time-dependent or programmed events that occur without the
2intervention of the voter or a judge of election).
3    (o) The system and each system voting device must be
4capable of creating, printing and maintaining a permanent
5paper record and an electronic image of each ballot that is
6cast such that records of individual ballots are maintained by
7a subsystem independent and distinct from the main vote
8detection, interpretation, processing and reporting path. The
9electronic images of each ballot must protect the integrity of
10the data and the anonymity of each voter, for example, by means
11of storage location scrambling. The ballot image records may
12be either machine-readable or manually transcribed, or both,
13at the discretion of the election authority.
14    (p) The system shall include built-in test, measurement
15and diagnostic software and hardware for detecting and
16reporting the system's status and degree of operability.
17    (q) The system shall contain provisions for maintaining
18the integrity of memory voting and audit data during an
19election and for a period of at least 6 months thereafter and
20shall provide the means for creating an audit trail.
21    (r) The system shall be fully accessible so as to permit
22blind or visually impaired voters as well as voters with
23physical disabilities to exercise their right to vote in
24private and without assistance.
25    (s) The system shall provide alternative language
26accessibility if required pursuant to Section 203 of the

 

 

SB2326- 52 -LRB102 15669 SMS 21033 b

1Voting Rights Act of 1965.
2    (t) Each voting device shall enable a voter to vote for a
3person whose name does not appear on the ballot.
4    (u) The system shall record and count accurately each vote
5properly cast for or against any candidate and for or against
6any public question, including the names of all candidates
7whose names are written in by the voters.
8    (v) The system shall allow for accepting provisional
9ballots and for separating such provisional ballots from
10precinct totals until authorized by the election authority.
11    (w) The system shall provide an effective audit trail as
12defined in Section 24C-2 in this Code.
13    (x) The system shall be suitably designed for the purpose
14used, be durably constructed, and be designed for safety,
15accuracy and efficiency.
16    (y) The system shall comply with all provisions of
17federal, State and local election laws and regulations and any
18future modifications to those laws and regulations.
19(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)