103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3658

 

Introduced 2/17/2023, by Rep. Ryan Spain

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-3  from Ch. 46, par. 1-3
10 ILCS 5/1-14 new
10 ILCS 5/17-9  from Ch. 46, par. 17-9
10 ILCS 5/18-5  from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35

    Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions for Voter Identification Cards. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity acceptable photo identification or a Voter Identification Card. Defines "acceptable photo identification".


LRB103 05123 AWJ 50137 b

 

 

A BILL FOR

 

HB3658LRB103 05123 AWJ 50137 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, 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by
6adding Section 1-14 as follows:
 
7    (10 ILCS 5/1-3)  (from Ch. 46, par. 1-3)
8    Sec. 1-3. As used in this Act, unless the context
9otherwise requires:
10    1. "Election" includes the submission of all questions of
11public policy, propositions, and all measures submitted to
12popular vote, and includes primary elections when so indicated
13by the context.
14    2. "Regular election" means the general, general primary,
15consolidated and consolidated primary elections regularly
16scheduled in Article 2A. The even numbered year municipal
17primary established in Article 2A is a regular election only
18with respect to those municipalities in which a primary is
19required to be held on such date.
20    3. "Special election" means an election not regularly
21recurring at fixed intervals, irrespective of whether it is
22held at the same time and place and by the same election
23officers as a regular election.

 

 

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

 

 

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

 

 

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1    12. "Petition" of candidacy as used in Sections 7-10 and
27-10.1 shall consist of a statement of candidacy, candidate's
3statement containing oath, and sheets containing signatures of
4qualified primary electors bound together.
5    13. "Election district" and "precinct", when used with
6reference to a 30-day residence requirement, means the
7smallest constituent territory in which electors vote as a
8unit at the same polling place in any election governed by this
9Act.
10    14. "District" means any area which votes as a unit for the
11election of any officer, other than the State or a unit of
12local government or school district, and includes, but is not
13limited to, legislative, congressional and judicial districts,
14judicial circuits, county board districts, municipal and
15sanitary district wards, school board districts, and
16precincts.
17    15. "Question of public policy" or "public question" means
18any question, proposition or measure submitted to the voters
19at an election dealing with subject matter other than the
20nomination or election of candidates and shall include, but is
21not limited to, any bond or tax referendum, and questions
22relating to the Constitution.
23    16. "Ordinance providing the form of government of a
24municipality or county pursuant to Article VII of the
25Constitution" includes ordinances, resolutions and petitions
26adopted by referendum which provide for the form of

 

 

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

 

 

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1election authority, local election official or the State Board
2of Elections is open to the public for a minimum of 7 hours.
3    23. "Homeless individual" means any person who has a
4nontraditional residence, including, but not limited to, a
5shelter, day shelter, park bench, street corner, or space
6under a bridge.
7    24. "Signature" means a name signed in ink or in digitized
8form. This definition does not apply to a nominating or
9candidate petition or a referendum petition.
10    25. "Intelligent mail barcode tracking system" means a
11printed trackable barcode attached to the return business
12reply envelope for mail-in ballots under Article 19 or Article
1320 that allows an election authority to determine the date the
14envelope was mailed in absence of a postmark.
15    26. "Acceptable photo identification" as used in Sections
161-14, 17-9, 18-5, 18A-5, 18A-15, and 19A-35 means any of the
17following unexpired forms of photo identification:
18        (1) an Illinois Driver's License;
19        (2) a State identification card;
20        (3) an Illinois Disabled Person Identification Card;
21        (4) a Firearm Owners Identification Card;
22        (5) a U.S. Passport with the voter's current address;
23    or
24        (6) any other government-issued identification card
25    that includes the voter's name, current photograph, and
26    current address.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
 
2    (10 ILCS 5/1-14 new)
3    Sec. 1-14. Voter Identification Card.
4    (a) The Secretary of State shall issue a Voter
5Identification Card to each registered voter who does not have
6an acceptable photo identification card. The Voter
7Identification Card shall include at least: (i) the voter's
8name, signature, and photograph; (ii) the State seal; and
9(iii) the voter's current residence address. A Voter
10Identification Card is valid for as long as the registered
11voter maintains the name and residence on the Card. A Voter
12Identification Card may not be used for any purpose other than
13to vote in Illinois.
14    (b) No later than 3 months after the effective date of this
15amendatory Act of the 103rd General Assembly, the Secretary of
16State shall create and make available an application form for
17the Voter Identification Card. Any registered voter who meets
18the criteria set forth in this Section and who provides the
19proper documentation required under subsection (d) shall
20receive a Voter Identification Card.
21    (c) The Secretary of State shall require the presentation
22and verification of the following information for issuance of
23a Voter Registration Card:
24        (1) documentation of the applicant's identity using
25    one of the documents described in subsection (d);

 

 

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1        (2) evidence of voter registration; and
2        (3) documentation of the applicant's name and
3    principal residence address using one of the documents
4    described in subsection (e).
5    (d) Documentation of an applicant's identity must include
6the applicant's name and date of birth. Any of the following
7constitute acceptable documentation of an applicant's
8identity:
9        (1) an original birth certificate or certified copy of
10    a birth certificate;
11        (2) a voter registration card;
12        (3) a copy of records filed in court by the applicant
13    or on behalf of the applicant by the applicant's counsel;
14        (4) a naturalization document;
15        (5) a copy of the applicant's marriage license;
16        (6) a copy of the State or federal tax return filed by
17    the applicant for the previous calendar year;
18        (7) an original of the annual Social Security
19    statement received by the applicant for the current or
20    preceding calendar year;
21        (8) an original of a Medicare or Medicaid statement
22    received by the applicant; or
23        (9) a certified school record or transcript for the
24    current or preceding calendar year.
25    (e) Any of the following constitute acceptable
26documentation of an applicant's name and current address:

 

 

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1        (1) a voter registration card;
2        (2) a utility bill or cable bill;
3        (3) a bank statement issued within the last 60 days;
4        (4) a rental agreement in which the agreement's rental
5    term has not expired;
6        (5) a copy of the State or federal tax return filed by
7    the applicant for the previous calendar year;
8        (6) a homeowner's insurance policy or bill for the
9    current or preceding year;
10        (7) a mortgage, deed, or property tax bill for the
11    current or preceding year; or
12        (8) a W-2 for the preceding calendar year.
13    (f) Voters who are indigent and unable to obtain a Voter
14Identification Card without a fee and voters who have a
15religious objection to being photographed may vote a
16provisional ballot and sign an affidavit that indicates one of
17the exemptions stated in this subsection. An indigent person
18is defined as an individual whose income is 125% or less of the
19federal poverty income guidelines at the time the person is
20voting.
 
21    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
22    Sec. 17-9. Any person desiring to vote (i) shall present
23to the judges of election acceptable photo identification or a
24Voter Identification Card for verification of the person's
25identity and (ii) shall state the person's give his name and,

 

 

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1if required to do so, the person's his residence to the judges
2of election, one of whom shall thereupon announce the same in a
3loud and distinct tone of voice, clear, and audible; the
4judges of elections shall check each application for ballot
5against the list of voters registered in that precinct to whom
6grace period, vote by mail, or early ballots have been issued
7for that election, which shall be provided by the election
8authority and which list shall be available for inspection by
9pollwatchers. A voter applying to vote in the precinct on
10election day whose name appears on the list as having been
11issued a grace period, vote by mail, or early ballot shall not
12be permitted to vote in the precinct, except that a voter to
13whom a vote by mail ballot was issued may vote in the precinct
14if the voter submits to the election judges that vote by mail
15ballot for cancellation. If the voter is unable to submit the
16vote by mail ballot, it shall be sufficient for the voter to
17submit to the election judges (i) a portion of the vote by mail
18ballot if the vote by mail ballot was torn or mutilated or (ii)
19an affidavit executed before the election judges specifying
20that (A) the voter never received a vote by mail ballot or (B)
21the voter completed and returned a vote by mail ballot and was
22informed that the election authority did not receive that vote
23by mail ballot. All applicable provisions of Articles 4, 5 or 6
24shall be complied with and if such name is found on the
25register of voters by the officer having charge thereof, he
26shall likewise repeat said name, and the voter shall be

 

 

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1allowed to enter within the proximity of the voting booths, as
2above provided. One of the judges shall give the voter one, and
3only one of each ballot to be voted at the election, on the
4back of which ballots such judge shall indorse his initials in
5such manner that they may be seen when each such ballot is
6properly folded, and the voter's name shall be immediately
7checked on the register list. In those election jurisdictions
8where perforated ballot cards are utilized of the type on
9which write-in votes can be cast above the perforation, the
10election authority shall provide a space both above and below
11the perforation for the judge's initials, and the judge shall
12endorse his or her initials in both spaces. Whenever a
13proposal for a constitutional amendment or for the calling of
14a constitutional convention is to be voted upon at the
15election, the separate blue ballot or ballots pertaining
16thereto shall, when being handed to the voter, be placed on top
17of the other ballots to be voted at the election in such manner
18that the legend appearing on the back thereof, as prescribed
19in Section 16-6 of this Act, shall be plainly visible to the
20voter. At all elections, when a registry may be required, if
21the name of any person so desiring to vote at such election is
22not found on the register of voters, he or she shall not
23receive a ballot until he or she shall have complied with the
24law prescribing the manner and conditions of voting by
25unregistered voters. If any person desiring to vote at any
26election shall be challenged, he or she shall not receive a

 

 

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1ballot until he or she shall have established his right to vote
2in the manner provided hereinafter; and if he or she shall be
3challenged after he has received his ballot, he shall not be
4permitted to vote until he or she has fully complied with such
5requirements of the law upon being challenged. Besides the
6election officer, not more than 2 voters in excess of the whole
7number of voting booths provided shall be allowed within the
8proximity of the voting booths at one time. The provisions of
9this Act, so far as they require the registration of voters as
10a condition to their being allowed to vote shall not apply to
11persons otherwise entitled to vote, who are, at the time of the
12election, or at any time within 60 days prior to such election
13have been engaged in the military or naval service of the
14United States, and who appear personally at the polling place
15on election day and produce to the judges of election
16satisfactory evidence thereof, but such persons, if otherwise
17qualified to vote, shall be permitted to vote at such election
18without previous registration.
19    All such persons shall also make an affidavit which shall
20be in substantially the following form:
21State of Illinois,)
22                  ) ss.
23County of ........)
24............... Precinct   .......... Ward
25    I, ...., do solemnly swear (or affirm) that I am a citizen
26of the United States, of the age of 18 years or over, and that

 

 

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1within the past 60 days prior to the date of this election at
2which I am applying to vote, I have been engaged in the ....
3(military or naval) service of the United States; and I am
4qualified to vote under and by virtue of the Constitution and
5laws of the State of Illinois, and that I am a legally
6qualified voter of this precinct and ward except that I have,
7because of such service, been unable to register as a voter;
8that I now reside at .... (insert street and number, if any) in
9this precinct and ward; that I have maintained a legal
10residence in this precinct and ward for 30 days and in this
11State 30 days next preceding this election.
12
.........................
13    Subscribed and sworn to before me on (insert date).
14
.........................
15
Judge of Election.

 
16    The affidavit of any such person shall be supported by the
17affidavit of a resident and qualified voter of any such
18precinct and ward, which affidavit shall be in substantially
19the following form:
20State of Illinois,)
21                  ) ss.
22County of ........)
23........... Precinct   ........... Ward
24    I, ...., do solemnly swear (or affirm), that I am a
25resident of this precinct and ward and entitled to vote at this

 

 

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1election; that I am acquainted with .... (name of the
2applicant); that I verily believe him to be an actual bona fide
3resident of this precinct and ward and that I verily believe
4that he or she has maintained a legal residence therein 30 days
5and in this State 30 days next preceding this election.
6
.........................
7    Subscribed and sworn to before me on (insert date).
8
.........................
9
Judge of Election.

 
10    All affidavits made under the provisions of this Section
11shall be enclosed in a separate envelope securely sealed, and
12shall be transmitted with the returns of the elections to the
13county clerk or to the board of election commissioners, who
14shall preserve the said affidavits for the period of 6 months,
15during which period such affidavits shall be deemed public
16records and shall be freely open to examination as such.
17(Source: P.A. 98-1171, eff. 6-1-15.)
 
18    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
19    Sec. 18-5. Any person desiring to vote and whose name is
20found upon the register of voters by the person having charge
21thereof, (i) shall present to the judges of election
22acceptable photo identification or a Voter Identification Card
23for verification of the person's identity, (ii) shall then be
24questioned by one of the judges as to the person's his

 

 

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1nativity, the person's his term of residence at present
2address, precinct, State and United States, the person's his
3age, whether naturalized and if so the date of naturalization
4papers and court from which secured, and (iii) he shall be
5asked to state the person's his residence when last previously
6registered and the date of the election for which the person he
7then registered. The judges of elections shall check each
8application for ballot against the list of voters registered
9in that precinct to whom grace period, vote by mail, and early
10ballots have been issued for that election, which shall be
11provided by the election authority and which list shall be
12available for inspection by pollwatchers. A voter applying to
13vote in the precinct on election day whose name appears on the
14list as having been issued a grace period, vote by mail, or
15early ballot shall not be permitted to vote in the precinct,
16except that a voter to whom a vote by mail ballot was issued
17may vote in the precinct if the voter submits to the election
18judges that vote by mail ballot for cancellation. If the voter
19is unable to submit the vote by mail ballot, it shall be
20sufficient for the voter to submit to the election judges (i) a
21portion of the vote by mail ballot if the vote by mail ballot
22was torn or mutilated or (ii) an affidavit executed before the
23election judges specifying that (A) the voter never received a
24vote by mail ballot or (B) the voter completed and returned a
25vote by mail ballot and was informed that the election
26authority did not receive that vote by mail ballot. If such

 

 

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1person so registered shall be challenged as disqualified, the
2party challenging shall assign his reasons therefor, and
3thereupon one of the judges shall administer to him an oath to
4answer questions, and if he shall take the oath he shall then
5be questioned by the judge or judges touching such cause of
6challenge, and touching any other cause of disqualification.
7And he may also be questioned by the person challenging him in
8regard to his qualifications and identity. But if a majority
9of the judges are of the opinion that he is the person so
10registered and a qualified voter, his vote shall then be
11received accordingly. But if his vote be rejected by such
12judges, such person may afterward produce and deliver an
13affidavit to such judges, subscribed and sworn to by him
14before one of the judges, in which it shall be stated how long
15he has resided in such precinct, and state; that he is a
16citizen of the United States, and is a duly qualified voter in
17such precinct, and that he is the identical person so
18registered. In addition to such an affidavit, the person so
19challenged shall provide to the judges of election proof of
20residence by producing 2 forms of identification showing the
21person's current residence address, provided that such
22identification may include a lease or contract for a residence
23and not more than one piece of mail addressed to the person at
24his current residence address and postmarked not earlier than
2530 days prior to the date of the election, or the person shall
26procure a witness personally known to the judges of election,

 

 

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1and resident in the precinct (or district), or who shall be
2proved by some legal voter of such precinct or district, known
3to the judges to be such, who shall take the oath following,
4viz:
5    I do solemnly swear (or affirm) that I am a resident of
6this election precinct (or district), and entitled to vote at
7this election, and that I have been a resident of this State
8for 30 days last past, and am well acquainted with the person
9whose vote is now offered; that he is an actual and bona fide
10resident of this election precinct (or district), and has
11resided herein 30 days, and as I verily believe, in this State,
1230 days next preceding this election.
13    The oath in each case may be administered by one of the
14judges of election, or by any officer, resident in the
15precinct or district, authorized by law to administer oaths.
16Also supported by an affidavit by a registered voter residing
17in such precinct, stating his own residence, and that he knows
18such person; and that he does reside at the place mentioned and
19has resided in such precinct and state for the length of time
20as stated by such person, which shall be subscribed and sworn
21to in the same way. For purposes of this Section, the
22submission of a photo identification issued by a college or
23university, accompanied by either (i) a copy of the
24applicant's contract or lease for a residence or (ii) one
25piece of mail addressed to the person at his or her current
26residence address and postmarked not earlier than 30 days

 

 

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1prior to the date of the election, shall be sufficient to
2establish proof of residence. Whereupon the vote of such
3person shall be received, and entered as other votes. But such
4judges, having charge of such registers, shall state in their
5respective books the facts in such case, and the affidavits,
6so delivered to the judges, shall be preserved and returned to
7the office of the commissioners of election. Blank affidavits
8of the character aforesaid shall be sent out to the judges of
9all the precincts, and the judges of election shall furnish
10the same on demand and administer the oaths without criticism.
11Such oaths, if administered by any other officer than such
12judge of election, shall not be received. Whenever a proposal
13for a constitutional amendment or for the calling of a
14constitutional convention is to be voted upon at the election,
15the separate blue ballot or ballots pertaining thereto shall
16be placed on top of the other ballots to be voted at the
17election in such manner that the legend appearing on the back
18thereof, as prescribed in Section 16-6 of this Act, shall be
19plainly visible to the voter, and in this fashion the ballots
20shall be handed to the voter by the judge.
21    Immediately after voting, the voter shall be instructed
22whether the voting equipment, if used, accepted or rejected
23the ballot or identified the ballot as under-voted. A voter
24whose ballot is identified as under-voted for a statewide
25constitutional office may return to the voting booth and
26complete the voting of that ballot. A voter whose ballot is not

 

 

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1accepted by the voting equipment may, upon surrendering the
2ballot, request and vote another ballot. The voter's
3surrendered ballot shall be initialed by the election judge
4and handled as provided in the appropriate Article governing
5that voting equipment.
6    The voter shall, upon quitting the voting booth, deliver
7to one of the judges of election all of the ballots, properly
8folded, which he received. The judge of election to whom the
9voter delivers his ballots shall not accept the same unless
10all of the ballots given to the voter are returned by him. If a
11voter delivers less than all of the ballots given to him, the
12judge to whom the same are offered shall advise him in a voice
13clearly audible to the other judges of election that the voter
14must return the remainder of the ballots. The statement of the
15judge to the voter shall clearly express the fact that the
16voter is not required to vote such remaining ballots but that
17whether or not he votes them he must fold and deliver them to
18the judge. In making such statement the judge of election
19shall not indicate by word, gesture or intonation of voice
20that the unreturned ballots shall be voted in any particular
21manner. No new voter shall be permitted to enter the voting
22booth of a voter who has failed to deliver the total number of
23ballots received by him until such voter has returned to the
24voting booth pursuant to the judge's request and again quit
25the booth with all of the ballots required to be returned by
26him. Upon receipt of all such ballots the judges of election

 

 

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1shall enter the name of the voter, and his number, as above
2provided in this Section, and the judge to whom the ballots are
3delivered shall immediately put the ballots into the ballot
4box. If any voter who has failed to deliver all the ballots
5received by him refuses to return to the voting booth after
6being advised by the judge of election as herein provided, the
7judge shall inform the other judges of such refusal, and
8thereupon the ballot or ballots returned to the judge shall be
9deposited in the ballot box, the voter shall be permitted to
10depart from the polling place, and a new voter shall be
11permitted to enter the voting booth.
12    The judge of election who receives the ballot or ballots
13from the voter shall announce the residence and name of such
14voter in a loud voice. The judge shall put the ballot or
15ballots received from the voter into the ballot box in the
16presence of the voter and the judges of election, and in plain
17view of the public. The judges having charge of such registers
18shall then, in a column prepared thereon, in the same line of,
19the name of the voter, mark "Voted" or the letter "V".
20    No judge of election shall accept from any voter less than
21the full number of ballots received by such voter without
22first advising the voter in the manner above provided of the
23necessity of returning all of the ballots, nor shall any such
24judge advise such voter in a manner contrary to that which is
25herein permitted, or in any other manner violate the
26provisions of this Section; provided, that the acceptance by a

 

 

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1judge of election of less than the full number of ballots
2delivered to a voter who refuses to return to the voting booth
3after being properly advised by such judge shall not be a
4violation of this Section.
5(Source: P.A. 98-1171, eff. 6-1-15.)
 
6    (10 ILCS 5/18A-5)
7    Sec. 18A-5. Provisional voting; general provisions.
8    (a) A person who claims to be a registered voter is
9entitled to cast a provisional ballot under the following
10circumstances:
11        (1) The person's name does not appear on the official
12    list of eligible voters for the precinct in which the
13    person seeks to vote and the person has refused an
14    opportunity to register at the polling location or another
15    grace period registration site. The official list is the
16    centralized statewide voter registration list established
17    and maintained in accordance with Section 1A-25;
18        (2) The person's voting status has been challenged by
19    an election judge, a pollwatcher, or any legal voter and
20    that challenge has been sustained by a majority of the
21    election judges;
22        (3) A federal or State court order extends the time
23    for closing the polls beyond the time period established
24    by State law and the person votes during the extended time
25    period;

 

 

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1        (4) The voter registered to vote by mail and is
2    required by law to present acceptable photo identification
3    or a Voter Identification Card identification when voting
4    either in person, in the case of a voter who registered by
5    mail, or by early voting ballot, but fails to provide
6    acceptable photo identification or a Voter Identification
7    Card do so;
8        (5) The voter's name appears on the list of voters who
9    voted during the early voting period, but the voter claims
10    not to have voted during the early voting period;
11        (6) The voter received a vote by mail ballot but did
12    not return the vote by mail ballot to the election
13    authority; or
14        (7) The voter attempted to register to vote on
15    election day, but failed to provide the necessary
16    documentation; or .
17        (8) The voter has signed an affidavit attesting under
18    subsection (f) of Section 1-14 that the voter has a
19    religious objection to being photographed or the voter is
20    indigent and unable to obtain a Voter Identification Card.
21    (b) The procedure for obtaining and casting a provisional
22ballot at the polling place shall be as follows:
23        (1) After first verifying through an examination of
24    the precinct register that the person's address is within
25    the precinct boundaries, an election judge at the polling
26    place shall notify a person who is entitled to cast a

 

 

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1    provisional ballot pursuant to subsection (a) that he or
2    she may cast a provisional ballot in that election. An
3    election judge must accept any information provided by a
4    person who casts a provisional ballot that the person
5    believes supports his or her claim that he or she is a duly
6    registered voter and qualified to vote in the election.
7    However, if the person's residence address is outside the
8    precinct boundaries, the election judge shall inform the
9    person of that fact, give the person the appropriate
10    telephone number of the election authority in order to
11    locate the polling place assigned to serve that address,
12    and instruct the person to go to the proper polling place
13    to vote.
14        (2) The person shall execute a written form provided
15    by the election judge that shall state or contain all of
16    the following that is available:
17             (i) an affidavit stating the following:
18                State of Illinois, County of ................,
19            Township ............., Precinct ........, Ward
20            ........, I, ......................., do solemnly
21            swear (or affirm) that: I am a citizen of the
22            United States; I am 18 years of age or older; I
23            have resided in this State and in this precinct
24            for 30 days preceding this election; I have not
25            voted in this election; I am a duly registered
26            voter in every respect; and I am eligible to vote

 

 

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1            in this election. Signature ...... Printed Name of
2            Voter ....... Printed Residence Address of Voter
3            ...... City ...... State .... Zip Code .....
4            Telephone Number ...... Date of Birth ....... and
5            Illinois Driver's License Number ....... or Last 4
6            digits of Social Security Number ...... or State
7            Identification Card Number issued to you by the
8            Illinois Secretary of State ........
9            (ii) A box for the election judge to check one of
10        the reasons why the person was given a provisional
11        ballot under subsection (a) of this Section.
12            (iii) An area for the election judge to affix his
13        or her signature and to set forth any facts that
14        support or oppose the allegation that the person is
15        not qualified to vote in the precinct in which the
16        person is seeking to vote.
17        The written affidavit form described in this
18    subsection (b)(2) must be printed on a multi-part form
19    prescribed by the county clerk or board of election
20    commissioners, as the case may be.
21        (3) After the person executes the portion of the
22    written affidavit described in subsection (b)(2)(i) of
23    this Section, the election judge shall complete the
24    portion of the written affidavit described in subsection
25    (b)(2)(iii) and (b)(2)(iv).
26        (4) The election judge shall give a copy of the

 

 

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1    completed written affidavit to the person. The election
2    judge shall place the original written affidavit in a
3    self-adhesive clear plastic packing list envelope that
4    must be attached to a separate envelope marked as a
5    "provisional ballot envelope". The election judge shall
6    also place any information provided by the person who
7    casts a provisional ballot in the clear plastic packing
8    list envelope. Each county clerk or board of election
9    commissioners, as the case may be, must design, obtain or
10    procure self-adhesive clear plastic packing list envelopes
11    and provisional ballot envelopes that are suitable for
12    implementing this subsection (b)(4) of this Section.
13        (5) The election judge shall provide the person with a
14    provisional ballot, written instructions for casting a
15    provisional ballot, and the provisional ballot envelope
16    with the clear plastic packing list envelope affixed to
17    it, which contains the person's original written affidavit
18    and, if any, information provided by the provisional voter
19    to support his or her claim that he or she is a duly
20    registered voter. An election judge must also give the
21    person written information that states that any person who
22    casts a provisional ballot shall be able to ascertain,
23    pursuant to guidelines established by the State Board of
24    Elections, whether the provisional vote was counted in the
25    official canvass of votes for that election and, if the
26    provisional vote was not counted, the reason that the vote

 

 

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1    was not counted.
2        (6) After the person has completed marking his or her
3    provisional ballot, he or she shall place the marked
4    ballot inside of the provisional ballot envelope, close
5    and seal the envelope, and return the envelope to an
6    election judge, who shall then deposit the sealed
7    provisional ballot envelope into a securable container
8    separately identified and utilized for containing sealed
9    provisional ballot envelopes. Ballots that are provisional
10    because they are cast after 7:00 p.m. by court order shall
11    be kept separate from other provisional ballots. Upon the
12    closing of the polls, the securable container shall be
13    sealed with filament tape provided for that purpose, which
14    shall be wrapped around the box lengthwise and crosswise,
15    at least twice each way, and each of the election judges
16    shall sign the seal.
17    (c) Instead of the affidavit form described in subsection
18(b), the county clerk or board of election commissioners, as
19the case may be, may design and use a multi-part affidavit form
20that is imprinted upon or attached to the provisional ballot
21envelope described in subsection (b). If a county clerk or
22board of election commissioners elects to design and use its
23own multi-part affidavit form, then the county clerk or board
24of election commissioners shall establish a mechanism for
25accepting any information the provisional voter has supplied
26to the election judge to support his or her claim that he or

 

 

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1she is a duly registered voter. In all other respects, a county
2clerk or board of election commissioners shall establish
3procedures consistent with subsection (b).
4    (d) The county clerk or board of election commissioners,
5as the case may be, shall use the completed affidavit form
6described in subsection (b) to update the person's voter
7registration information in the State voter registration
8database and voter registration database of the county clerk
9or board of election commissioners, as the case may be. If a
10person is later determined not to be a registered voter based
11on Section 18A-15 of this Code, then the affidavit shall be
12processed by the county clerk or board of election
13commissioners, as the case may be, as a voter registration
14application.
15(Source: P.A. 100-201, eff. 8-18-17.)
 
16    (10 ILCS 5/18A-15)
17    Sec. 18A-15. Validating and counting provisional ballots.
18    (a) The county clerk or board of election commissioners
19shall complete the validation and counting of provisional
20ballots within 14 calendar days of the day of the election. The
21county clerk or board of election commissioners shall have 7
22calendar days from the completion of the validation and
23counting of provisional ballots to conduct its final canvass.
24The State Board of Elections shall complete within 31 calendar
25days of the election or sooner if all the returns are received,

 

 

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1its final canvass of the vote for all public offices.
2    (b) If a county clerk or board of election commissioners
3determines that all of the following apply, then a provisional
4ballot is valid and shall be counted as a vote:
5        (1) the provisional voter cast the provisional ballot
6    in the correct precinct based on the address provided by
7    the provisional voter. The provisional voter's affidavit
8    shall serve as a change of address request by that voter
9    for registration purposes for the next ensuing election if
10    it bears an address different from that in the records of
11    the election authority. Votes for federal and statewide
12    offices on a provisional ballot cast in the incorrect
13    precinct that meet the other requirements of this
14    subsection shall be valid and counted in accordance with
15    this Article. As used in this item, "federal office" is
16    defined as provided in Section 20-1 and "statewide office"
17    means the Governor, Attorney General, Secretary of State,
18    Comptroller, and Treasurer. Votes for General Assembly,
19    countywide, citywide, or township office on a provisional
20    ballot cast in the incorrect precinct but in the correct
21    legislative district, representative district, county,
22    municipality, or township, as the case may be, shall be
23    valid and counted in accordance with this Article. As used
24    in this item, "citywide office" means an office elected by
25    the electors of an entire municipality. As used in this
26    item, "township office" means an office elected by the

 

 

HB3658- 29 -LRB103 05123 AWJ 50137 b

1    electors of an entire township;
2        (2) the affidavit executed by the provisional voter
3    pursuant to subsection (b)(2) of Section 18A-5 contains,
4    at a minimum, the provisional voter's first and last name,
5    house number and street name, and signature or mark;
6        (3) except as permitted by item (5) of subsection (b)
7    of this Section, the provisional voter is a registered
8    voter based on information available to the county clerk
9    or board of election commissioners provided by or obtained
10    from any of the following:
11            i. the provisional voter;
12            ii. an election judge;
13            iii. the statewide voter registration database
14        maintained by the State Board of Elections;
15            iv. the records of the county clerk or board of
16        election commissioners' database; or
17            v. the records of the Secretary of State; and
18        (4) for a provisional ballot cast under item (6) of
19    subsection (a) of Section 18A-5, the voter did not vote by
20    mail ballot in the election at which the provisional
21    ballot was cast; or
22        (5) for a provisional ballot cast under item (7) of
23    subsection (a) of Section 18A-5, the voter provides the
24    election authority with the necessary documentation within
25    7 days of election day.
26    (c) With respect to subsection (b)(3) of this Section, the

 

 

HB3658- 30 -LRB103 05123 AWJ 50137 b

1county clerk or board of election commissioners shall
2investigate and record whether or not the specified
3information is available from each of the 5 identified
4sources. If the information is available from one or more of
5the identified sources, then the county clerk or board of
6election commissioners shall seek to obtain the information
7from each of those sources until satisfied, with information
8from at least one of those sources, that the provisional voter
9is registered and entitled to vote. The county clerk or board
10of election commissioners shall use any information it obtains
11as the basis for determining the voter registration status of
12the provisional voter. If a conflict exists among the
13information available to the county clerk or board of election
14commissioners as to the registration status of the provisional
15voter, then the county clerk or board of election
16commissioners shall make a determination based on the totality
17of the circumstances. In a case where the above information
18equally supports or opposes the registration status of the
19voter, the county clerk or board of election commissioners
20shall decide in favor of the provisional voter as being duly
21registered to vote. If the statewide voter registration
22database maintained by the State Board of Elections indicates
23that the provisional voter is registered to vote, but the
24county clerk's or board of election commissioners' voter
25registration database indicates that the provisional voter is
26not registered to vote, then the information found in the

 

 

HB3658- 31 -LRB103 05123 AWJ 50137 b

1statewide voter registration database shall control the matter
2and the provisional voter shall be deemed to be registered to
3vote. If the records of the county clerk or board of election
4commissioners indicates that the provisional voter is
5registered to vote, but the statewide voter registration
6database maintained by the State Board of Elections indicates
7that the provisional voter is not registered to vote, then the
8information found in the records of the county clerk or board
9of election commissioners shall control the matter and the
10provisional voter shall be deemed to be registered to vote. If
11the provisional voter's signature on his or her provisional
12ballot request varies from the signature on an otherwise valid
13registration application solely because of the substitution of
14initials for the first or middle name, the election authority
15may not reject the provisional ballot.
16    (d) In validating the registration status of a person
17casting a provisional ballot, the county clerk or board of
18election commissioners shall not require a provisional voter
19to complete any form other than the affidavit executed by the
20provisional voter under subsection (b)(2) of Section 18A-5. In
21addition, the county clerk or board of election commissioners
22shall not require all provisional voters or any particular
23class or group of provisional voters to appear personally
24before the county clerk or board of election commissioners or
25as a matter of policy require provisional voters to submit
26additional information to verify or otherwise support the

 

 

HB3658- 32 -LRB103 05123 AWJ 50137 b

1information already submitted by the provisional voter. Within
22 calendar days after the election, the election authority
3shall transmit by electronic means pursuant to a process
4established by the State Board of Elections the name, street
5address, e-mail address, and precinct, ward, township, and
6district numbers, as the case may be, of each person casting a
7provisional ballot to the State Board of Elections, which
8shall maintain those names and that information in an
9electronic format on its website, arranged by county and
10accessible to State and local political committees. The
11provisional voter may, within 7 calendar days after the
12election, submit additional information to the county clerk or
13board of election commissioners, except that in the case of
14provisional voting under paragraph (4) of subsection (a) of
15Section 18A-5, the provisional voter has 10 days to provide
16the county clerk or board of election commissioners with
17acceptable photo identification or a Voter Identification
18Card. This information must be received by the county clerk or
19board of election commissioners within the applicable
207-calendar-day period or 10-calendar-day period.
21    (e) If the county clerk or board of election commissioners
22determines that subsection (b)(1), (b)(2), or (b)(3) does not
23apply, then the provisional ballot is not valid and may not be
24counted. The provisional ballot envelope containing the ballot
25cast by the provisional voter may not be opened. The county
26clerk or board of election commissioners shall write on the

 

 

HB3658- 33 -LRB103 05123 AWJ 50137 b

1provisional ballot envelope the following: "Provisional ballot
2determined invalid.".
3    (f) If the county clerk or board of election commissioners
4determines that a provisional ballot is valid under this
5Section, then the provisional ballot envelope shall be opened.
6The outside of each provisional ballot envelope shall also be
7marked to identify the precinct and the date of the election.
8    (g) Provisional ballots determined to be valid shall be
9counted at the election authority's central ballot counting
10location and shall not be counted in precincts. The
11provisional ballots determined to be valid shall be added to
12the vote totals for the precincts from which they were cast in
13the order in which the ballots were opened. The validation and
14counting of provisional ballots shall be subject to the
15provisions of this Code that apply to pollwatchers. If the
16provisional ballots are a ballot of a punch card voting
17system, then the provisional ballot shall be counted in a
18manner consistent with Article 24A. If the provisional ballots
19are a ballot of optical scan or other type of approved
20electronic voting system, then the provisional ballots shall
21be counted in a manner consistent with Article 24B.
22    (h) As soon as the ballots have been counted, the election
23judges or election officials shall, in the presence of the
24county clerk or board of election commissioners, place each of
25the following items in a separate envelope or bag: (1) all
26provisional ballots, voted or spoiled; (2) all provisional

 

 

HB3658- 34 -LRB103 05123 AWJ 50137 b

1ballot envelopes of provisional ballots voted or spoiled; and
2(3) all executed affidavits of the provisional ballots voted
3or spoiled. All provisional ballot envelopes for provisional
4voters who have been determined not to be registered to vote
5shall remain sealed. The county clerk or board of election
6commissioners shall treat the provisional ballot envelope
7containing the written affidavit as a voter registration
8application for that person for the next election and process
9that application. The election judges or election officials
10shall then securely seal each envelope or bag, initial the
11envelope or bag, and plainly mark on the outside of the
12envelope or bag in ink the precinct in which the provisional
13ballots were cast. The election judges or election officials
14shall then place each sealed envelope or bag into a box, secure
15and seal it in the same manner as described in item (6) of
16subsection (b) of Section 18A-5. Each election judge or
17election official shall take and subscribe an oath before the
18county clerk or board of election commissioners that the
19election judge or election official securely kept the ballots
20and papers in the box, did not permit any person to open the
21box or otherwise touch or tamper with the ballots and papers in
22the box, and has no knowledge of any other person opening the
23box. For purposes of this Section, the term "election
24official" means the county clerk, a member of the board of
25election commissioners, as the case may be, and their
26respective employees.

 

 

HB3658- 35 -LRB103 05123 AWJ 50137 b

1(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
298-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
3    (10 ILCS 5/19A-35)
4    Sec. 19A-35. Procedure for voting.
5    (a) Not more than 23 days before the start of the election,
6the county clerk shall make available to the election official
7conducting early voting by personal appearance a sufficient
8number of early ballots, envelopes, and printed voting
9instruction slips for the use of early voters. The election
10official shall receipt for all ballots received and shall
11return unused or spoiled ballots at the close of the early
12voting period to the county clerk and must strictly account
13for all ballots received. The ballots delivered to the
14election official must include early ballots for each precinct
15in the election authority's jurisdiction and must include
16separate ballots for each political subdivision conducting an
17election of officers or a referendum at that election.
18    (b) In conducting early voting under this Article, the
19election judge or official is required to verify the signature
20of the early voter by comparison with the signature on the
21official registration card, and the judge or official must
22verify (i) that the applicant is a registered voter, (ii) the
23precinct in which the applicant is registered, and (iii) the
24proper ballots of the political subdivision in which the
25applicant resides and is entitled to vote, and (iv) the

 

 

HB3658- 36 -LRB103 05123 AWJ 50137 b

1applicant's identity by the applicant's presentation of
2acceptable photo identification or a Voter Identification Card
3before providing an early ballot to the applicant. The
4election judge or official must verify the applicant's
5registration from the most recent poll list provided by the
6election authority, and if the applicant is not listed on that
7poll list, by telephoning the office of the election
8authority.
9    (b-5) A person requesting an early voting ballot to whom a
10vote by mail ballot was issued may vote early if the person
11submits that vote by mail ballot to the judges of election or
12official conducting early voting for cancellation. If the
13voter is unable to submit the vote by mail ballot, it shall be
14sufficient for the voter to submit to the judges or official
15(i) a portion of the vote by mail ballot if the vote by mail
16ballot was torn or mutilated or (ii) an affidavit executed
17before the judges or official specifying that (A) the voter
18never received a vote by mail ballot or (B) the voter completed
19and returned a vote by mail ballot and was informed that the
20election authority did not receive that vote by mail ballot.
21    (b-10) Within one day after a voter casts an early voting
22ballot, the election authority shall transmit the voter's
23name, street address, and precinct, ward, township, and
24district numbers, as the case may be, to the State Board of
25Elections, which shall maintain those names and that
26information in an electronic format on its website, arranged

 

 

HB3658- 37 -LRB103 05123 AWJ 50137 b

1by county and accessible to State and local political
2committees.
3    (b-15) Immediately after voting an early ballot, the voter
4shall be instructed whether the voting equipment accepted or
5rejected the ballot or identified that ballot as under-voted
6for a statewide constitutional office. A voter whose ballot is
7identified as under-voted may return to the voting booth and
8complete the voting of that ballot. A voter whose early voting
9ballot is not accepted by the voting equipment may, upon
10surrendering the ballot, request and vote another early voting
11ballot. The voter's surrendered ballot shall be initialed by
12the election judge or official conducting the early voting and
13handled as provided in the appropriate Article governing the
14voting equipment used.
15    (c) The sealed early ballots in their carrier envelope
16shall be delivered by the election authority to the central
17ballot counting location before the close of the polls on the
18day of the election.
19(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)