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1     AN ACT in relation to elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by adding Section
5 1A-25 and changing Section 18A-5 as follows:
 
6     (10 ILCS 5/1A-25 new)
7     Sec. 1A-25. Centralized statewide voter registration list.
8 The centralized statewide voter registration list required by
9 Title III, Subtitle A, Section 303 of the Help America Vote Act
10 of 2002 shall be created and maintained by the State Board of
11 Elections as provided in this Section.
12         (1) The centralized statewide voter registration list
13     shall be compiled from the voter registration data bases of
14     each election authority in this State.
15         (2) All new voter registration forms and applications
16     to register to vote shall be transmitted to the appropriate
17     election authority. The election authority shall process
18     and verify each voter registration form and electronically
19     enter verified registrations on an expedited basis onto the
20     statewide voter registration list. All original
21     registration cards shall remain permanently in the office
22     of the election authority as required by Sections 4-20,
23     5-28, and 6-65.
24         (3) The centralized statewide voter registration list
25     shall:
26             (i) Be designed to allow election authorities to
27         utilize the registration data on the statewide voter
28         registration list pertinent to voters registered in
29         their election jurisdiction on locally maintained
30         software programs that are unique to each
31         jurisdiction.
32             (ii) Allow each election authority to perform

 

 

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1         essential election management functions, including but
2         not limited to production of voter lists, processing of
3         absentee voters, production of individual, pre-printed
4         applications to vote, administration of election
5         judges, and polling place administration, but shall
6         not prevent any election authority from using
7         information from that election authority's own
8         systems.
9         (4) The registration information maintained by each
10     election authority shall at all times be synchronized with
11     that authority's information on the statewide list on a
12     constant, real-time basis.
13     To protect the privacy and confidentiality of voter
14 registration information, the disclosure of any portion of the
15 centralized statewide voter registration list to any person or
16 entity other than to a State or local political committee and
17 other than to a governmental entity for a governmental purpose
18 is specifically prohibited.
 
19     (10 ILCS 5/18A-5)
20     Sec. 18A-5. Provisional voting; general provisions.
21     (a) A person who claims to be a registered voter is
22 entitled to cast a provisional ballot under the following
23 circumstances:
24         (1) The person's name does not appear on the official
25     list of eligible voters, whether a list of active or
26     inactive voters, for the precinct in which the person seeks
27     to vote. The official list is the centralized statewide
28     voter registration list established and maintained in
29     accordance with Section 1A-25;
30         (2) The person's voting status has been challenged by
31     an election judge, a pollwatcher, or any legal voter and
32     that challenge has been sustained by a majority of the
33     election judges; or
34         (3) A federal or State court order extends the time for
35     closing the polls beyond the time period established by

 

 

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1     State law and the person votes during the extended time
2     period.
3     (b) The procedure for obtaining and casting a provisional
4 ballot at the polling place shall be as follows:
5         (1) An election judge at the polling place shall notify
6     a person who is entitled to cast a provisional ballot
7     pursuant to subsection (a) that he or she may cast a
8     provisional ballot in that election. An election judge must
9     accept any information provided by a person who casts a
10     provisional ballot that the person believes supports his or
11     her claim that he or she is a duly registered voter and
12     qualified to vote in the election.
13         (2) The person shall execute a written form provided by
14     the election judge that shall state or contain all of the
15     following:
16         (i) an affidavit stating the following:
17             State of Illinois, County of ................,
18         Township ............., Precinct ........, Ward
19         ........, I, ......................., do solemnly
20         swear (or affirm) that: I am a citizen of the United
21         States; I am 18 years of age or older; I have resided
22         in this State and in this precinct for 30 days
23         preceding this election; I have not voted in this
24         election; I am a duly registered voter in every
25         respect; and I am eligible to vote in this election.
26         Signature ...... Printed Name of Voter ....... Printed
27         Residence Address of Voter ...... City ...... State
28         .... Zip Code ..... Telephone Number ...... Date of
29         Birth ....... and Driver's License Number ....... Last
30         4 digits of Social Security Number ...... or State
31         Identification Card Number.
32         (ii) Written instruction stating the following:
33             In order to expedite the verification of your voter
34         registration status, the .... (insert name of county
35         clerk of board of election commissioners here)
36         requests that you include your phone number and both

 

 

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1         the last four digits of your social security number and
2         your driver's license number or State Identification
3         Card Number issued to you by the Secretary of State. At
4         minimum, you are required to include either (A) your
5         driver's license number or State Identification Card
6         Number issued to you by the Secretary of State or (B)
7         the last 4 digits of your social security number.
8         (iii) A box for the election judge to check one of the
9     3 reasons why the person was given a provisional ballot
10     under subsection (a) of Section 18A-5.
11         (iv) An area for the election judge to affix his or her
12     signature and to set forth any facts that support or oppose
13     the allegation that the person is not qualified to vote in
14     the precinct in which the person is seeking to vote.
15     The written affidavit form described in this subsection
16 (b)(2) must be printed on a multi-part form prescribed by the
17 county clerk or board of election commissioners, as the case
18 may be.
19     (3) After the person executes the portion of the written
20 affidavit described in subsection (b)(2)(i) of this Section,
21 the election judge shall complete the portion of the written
22 affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
23     (4) The election judge shall give a copy of the completed
24 written affidavit to the person. The election judge shall place
25 the original written affidavit in a self-adhesive clear plastic
26 packing list envelope that must be attached to a separate
27 envelope marked as a "provisional ballot envelope". The
28 election judge shall also place any information provided by the
29 person who casts a provisional ballot in the clear plastic
30 packing list envelope. Each county clerk or board of election
31 commissioners, as the case may be, must design, obtain or
32 procure self-adhesive clear plastic packing list envelopes and
33 provisional ballot envelopes that are suitable for
34 implementing this subsection (b)(4) of this Section.
35     (5) The election judge shall provide the person with a
36 provisional ballot, written instructions for casting a

 

 

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1 provisional ballot, and the provisional ballot envelope with
2 the clear plastic packing list envelope affixed to it, which
3 contains the person's original written affidavit and, if any,
4 information provided by the provisional voter to support his or
5 her claim that he or she is a duly registered voter. An
6 election judge must also give the person written information
7 that states that any person who casts a provisional ballot
8 shall be able to ascertain, pursuant to guidelines established
9 by the State Board of Elections, whether the provisional vote
10 was counted in the official canvass of votes for that election
11 and, if the provisional vote was not counted, the reason that
12 the vote was not counted.
13     (6) After the person has completed marking his or her
14 provisional ballot, he or she shall place the marked ballot
15 inside of the provisional ballot envelope, close and seal the
16 envelope, and return the envelope to an election judge, who
17 shall then deposit the sealed provisional ballot envelope into
18 a securable container separately identified and utilized for
19 containing sealed provisional ballot envelopes. Upon the
20 closing of the polls, the securable container shall be sealed
21 with filament tape provided for that purpose, which shall be
22 wrapped around the box lengthwise and crosswise, at least twice
23 each way, and each of the election judges shall sign the seal.
24     (c) Instead of the affidavit form described in subsection
25 (b), the county clerk or board of election commissioners, as
26 the case may be, may design and use a multi-part affidavit form
27 that is imprinted upon or attached to the provisional ballot
28 envelope described in subsection (b). If a county clerk or
29 board of election commissioners elects to design and use its
30 own multi-part affidavit form, then the county clerk or board
31 of election commissioners shall establish a mechanism for
32 accepting any information the provisional voter has supplied to
33 the election judge to support his or her claim that he or she
34 is a duly registered voter. In all other respects, a county
35 clerk or board of election commissioners shall establish
36 procedures consistent with subsection (b).

 

 

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1     (d) The county clerk or board of election commissioners, as
2 the case may be, shall use the completed affidavit form
3 described in subsection (b) to update the person's voter
4 registration information in the State voter registration
5 database and voter registration database of the county clerk or
6 board of election commissioners, as the case may be. If a
7 person is later determined not to be a registered voter based
8 on Section 18A-15 of this Code, then the affidavit shall be
9 processed by the county clerk or board of election
10 commissioners, as the case may be, as a voter registration
11 application.
12 (Source: P.A. 93-574, eff. 8-21-03.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.