SB0172 EnrolledLRB098 04408 HLH 34436 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 1-3.5, 1-9, 1-12, 1A-8, 1A-16, 1A-16.5, 1A-25, 3-6,
64-6.3, 4-10, 4-50, 4-105, 5-9, 5-16.3, 5-50, 5-105, 6-29,
76-50.3, 6-100, 6-105, 7-15, 7-34, 10-7, 10-9, 11-4.1, 11-7,
812-1, 13-1, 13-1.1, 13-2, 13-10, 14-3.1, 14-3.2, 16-5.01, 17-8,
917-9, 17-18.1, 17-19.2, 17-21, 17-23, 17-29, 18-5, 18-9.2,
1018A-5, 18A-15, 19-2, 19-3, 19-4, 19-5, 19-6, 19-7, 19-8, 19-10,
1119-12.1, 19-12.2, 19-13, 19-15, 19-20, 19A-10, 19A-15, 19A-25,
1219A-35, 19A-75, 20-1, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-4,
1320-5, 20-6, 20-7, 20-8, 20-10, 20-13, 20-13.1, 20-25, 24-15,
1424-16, 24A-6, 24A-10, 24A-15.1, 24B-6, 24B-10, 24B-15.1,
1524C-1, 24C-6, 24C-11, 24C-13, 24C-15, 25-7, 28-9, 29-5, 29-20,
16and the heading of Article 19 and by adding Sections 1-9.1,
171-9.2, 1A-16.6, 1A-16.8, 1A-45, 18A-218, 18A-218.10,
1818A-218.20, 18A-218.30, and 18A-218.40 as follows:
 
19    (10 ILCS 5/1-3.5 new)
20    Sec. 1-3.5. Absentee voting. Any references to absentee
21ballots, absentee voters, absentee registration, or absentee
22voting procedures in this Code shall be construed to refer to
23vote by mail ballots, persons who vote by mail, registration by

 

 

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1mail, or voting by mail.
 
2    (10 ILCS 5/1-9)
3    Sec. 1-9. Central counting of grace period, early, vote by
4mail absentee, and provisional ballots. Notwithstanding any
5statutory provision to the contrary enacted before the
6effective date of this amendatory Act of the 94th General
7Assembly, all grace period ballots, early voting ballots, vote
8by mail absentee ballots, and provisional ballots to be counted
9shall be delivered to and counted at an election authority's
10central ballot counting location and not in precincts.
11References in this Code enacted before the effective date of
12this amendatory Act of the 94th General Assembly to delivery
13and counting of grace period ballots, early voting ballots,
14vote by mail absentee ballots, or provisional ballots to or at
15a precinct polling place or to the proper polling place shall
16be construed as references to delivery and counting of those
17ballots to and at the election authority's central ballot
18counting location.
19(Source: P.A. 94-1000, eff. 7-3-06.)
 
20    (10 ILCS 5/1-9.1 new)
21    Sec. 1-9.1. Ballot counting information dissemination.
22Each election authority maintaining a website must provide
2324-hour notice on its website of the date, time, and location
24of the analysis, processing, and counting of all ballot forms.

 

 

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1Each election authority must notify any political party or
2pollwatcher of the same information 24 hours before the count
3begins if such political party or pollwatcher has requested to
4be notified. Notification may be by electronic mail at the
5address provided by the requester.
 
6    (10 ILCS 5/1-9.2 new)
7    Sec. 1-9.2. Uncounted ballot information on website. No
8later than 48 hours after the closing of polling locations on
9election day, each election authority maintaining a website
10shall post the number of ballots that remain uncounted. The
11posting shall separate the number of ballots yet to be counted
12into the following categories: ballots cast on election day,
13early voting ballots, provisional ballots, vote by mail ballots
14received by the election authority but not counted, and vote by
15mail ballots sent by the election authority but have not been
16returned to the election authority. This information shall be
17updated on the website of the election authority each day until
18the period for counting provisional and vote by mail ballots
19has ended. All election authorities, regardless of whether they
20maintain a website, shall share the same information, separated
21in the same manner, with the State Board of Elections no later
22than 48 hours after the closing of polling locations on
23election day and each business day thereafter until the period
24for counting provisional and vote by mail ballots has ended.
 

 

 

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1    (10 ILCS 5/1-12)
2    Sec. 1-12. Public university voting.
3    (a) Each appropriate election authority shall, in addition
4to the early voting conducted at locations otherwise required
5by law, conduct early voting, grace period registration, and
6grace period voting at the student union in a high traffic
7location on the campus of a public university within the
8election authority's jurisdiction. The voting required by this
9subsection (a) to be conducted on campus must be conducted from
10the 6th day before a general primary or general election until
11and including the 4th day before a general primary or general
12election from 10:00 a.m. to 5 p.m. and as otherwise required by
13Article 19A of this Code, except that the voting required by
14this subsection (a) need not be conducted during a consolidated
15primary or consolidated election. If an election authority has
16voting equipment that can accommodate a ballot in every form
17required in the election authority's jurisdiction, then the
18election authority shall extend early voting and grace period
19registration and voting under this Section to any registered
20voter in the election authority's jurisdiction. However, if the
21election authority does not have voting equipment that can
22accommodate a ballot in every form required in the election
23authority's jurisdiction, then the election authority may
24limit early voting and grace period registration and voting
25under this Section to registered voters in precincts where the
26public university is located and precincts bordering the

 

 

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1university. Each public university shall make the space
2available at the student union in a high traffic area for, and
3cooperate and coordinate with the appropriate election
4authority in, the implementation of this subsection (a).
5    (b) (Blank). Each appropriate election authority shall, in
6addition to the voting conducted at locations otherwise
7required by law, conduct in-person absentee voting on election
8day in a high-traffic location on the campus of a public
9university within the election authority's jurisdiction. The
10procedures for conducting in-person absentee voting at a site
11established pursuant to this subsection (b) shall, to the
12extent practicable, be the same procedures required by Article
1319 of this Code for in-person absentee ballots. The election
14authority may limit in-person absentee voting under this
15subsection (b) to registered voters in precincts where the
16public university is located and precincts bordering the
17university. The election authority shall have voting equipment
18and ballots necessary to accommodate registered voters who may
19cast an in-person absentee ballot at a site established
20pursuant to this subsection (b). Each public university shall
21make the space available in a high-traffic area for, and
22cooperate and coordinate with the appropriate election
23authority in, the implementation of this subsection (b).
24    (c) For the purposes of this Section, "public university"
25means the University of Illinois, Illinois State University,
26Chicago State University, Governors State University, Southern

 

 

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1Illinois University, Northern Illinois University, Eastern
2Illinois University, Western Illinois University, and
3Northeastern Illinois University the University of Illinois at
4its campuses in Urbana-Champaign and Springfield, Southern
5Illinois University at its campuses in Carbondale and
6Edwardsville, Eastern Illinois University, Illinois State
7University, Northern Illinois University, and Western Illinois
8University at its campuses in Macomb and Moline.
9    (d) For the purposes of this Section, "student union" means
10the Student Center at 750 S. Halsted on the University of
11Illinois-Chicago campus; the Public Affairs Center at the
12University of Illinois at Springfield or a new building
13completed after the effective date of this Act housing student
14government at the University of Illinois at Springfield; the
15Illini Union at the University of Illinois at Urbana-Champaign;
16the SIUC Center at the Southern Illinois University at
17Carbondale campus; the Morris University Center at the Southern
18Illinois University at Edwardsville campus; the University
19Union at the Western Illinois University at the Macomb campus;
20the Holmes Student Center at the Northern Illinois University
21campus; the University Union at the Eastern Illinois University
22campus; NEIU Student Union at the Northeastern Illinois
23University campus; the Bone Student Center at the Illinois
24State University campus; the Cordell Reed Student Union at the
25Chicago State University campus; and the Hall of Governors in
26Building D at the Governors State University campus.

 

 

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1(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
2    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
3    Sec. 1A-8. The State Board of Elections shall exercise the
4following powers and perform the following duties in addition
5to any powers or duties otherwise provided for by law:
6        (1) Assume all duties and responsibilities of the State
7    Electoral Board and the Secretary of State as heretofore
8    provided in this Act;
9        (2) Disseminate information to and consult with
10    election authorities concerning the conduct of elections
11    and registration in accordance with the laws of this State
12    and the laws of the United States;
13        (3) Furnish to each election authority prior to each
14    primary and general election and any other election it
15    deems necessary, a manual of uniform instructions
16    consistent with the provisions of this Act which shall be
17    used by election authorities in the preparation of the
18    official manual of instruction to be used by the judges of
19    election in any such election. In preparing such manual,
20    the State Board shall consult with representatives of the
21    election authorities throughout the State. The State Board
22    may provide separate portions of the uniform instructions
23    applicable to different election jurisdictions which
24    administer elections under different options provided by
25    law. The State Board may by regulation require particular

 

 

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1    portions of the uniform instructions to be included in any
2    official manual of instructions published by election
3    authorities. Any manual of instructions published by any
4    election authority shall be identical with the manual of
5    uniform instructions issued by the Board, but may be
6    adapted by the election authority to accommodate special or
7    unusual local election problems, provided that all manuals
8    published by election authorities must be consistent with
9    the provisions of this Act in all respects and must receive
10    the approval of the State Board of Elections prior to
11    publication; provided further that if the State Board does
12    not approve or disapprove of a proposed manual within 60
13    days of its submission, the manual shall be deemed
14    approved.
15        (4) Prescribe and require the use of such uniform
16    forms, notices, and other supplies not inconsistent with
17    the provisions of this Act as it shall deem advisable which
18    shall be used by election authorities in the conduct of
19    elections and registrations;
20        (5) Prepare and certify the form of ballot for any
21    proposed amendment to the Constitution of the State of
22    Illinois, or any referendum to be submitted to the electors
23    throughout the State or, when required to do so by law, to
24    the voters of any area or unit of local government of the
25    State;
26        (6) Require such statistical reports regarding the

 

 

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1    conduct of elections and registration from election
2    authorities as may be deemed necessary;
3        (7) Review and inspect procedures and records relating
4    to conduct of elections and registration as may be deemed
5    necessary, and to report violations of election laws to the
6    appropriate State's Attorney or the Attorney General;
7        (8) Recommend to the General Assembly legislation to
8    improve the administration of elections and registration;
9        (9) Adopt, amend or rescind rules and regulations in
10    the performance of its duties provided that all such rules
11    and regulations must be consistent with the provisions of
12    this Article 1A or issued pursuant to authority otherwise
13    provided by law;
14        (10) Determine the validity and sufficiency of
15    petitions filed under Article XIV, Section 3, of the
16    Constitution of the State of Illinois of 1970;
17        (11) Maintain in its principal office a research
18    library that includes, but is not limited to, abstracts of
19    votes by precinct for general primary elections and general
20    elections, current precinct maps and current precinct poll
21    lists from all election jurisdictions within the State. The
22    research library shall be open to the public during regular
23    business hours. Such abstracts, maps and lists shall be
24    preserved as permanent records and shall be available for
25    examination and copying at a reasonable cost;
26        (12) Supervise the administration of the registration

 

 

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1    and election laws throughout the State;
2        (13) Obtain from the Department of Central Management
3    Services, under Section 405-250 of the Department of
4    Central Management Services Law (20 ILCS 405/405-250),
5    such use of electronic data processing equipment as may be
6    required to perform the duties of the State Board of
7    Elections and to provide election-related information to
8    candidates, public and party officials, interested civic
9    organizations and the general public in a timely and
10    efficient manner; and
11        (14) To take such action as may be necessary or
12    required to give effect to directions of the national
13    committee or State central committee of an established
14    political party under Sections 7-8, 7-11 and 7-14.1 or such
15    other provisions as may be applicable pertaining to the
16    selection of delegates and alternate delegates to an
17    established political party's national nominating
18    conventions or, notwithstanding any candidate
19    certification schedule contained within the Election Code,
20    the certification of the Presidential and Vice
21    Presidential candidate selected by the established
22    political party's national nominating convention; .
23        (15) To post all early voting sites separated by
24    election authority and hours of operation on its website at
25    least 5 business days before the period for early voting
26    begins; and

 

 

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1        (16) To post on its website the statewide totals, and
2    totals separated by each election authority, for each of
3    the counts received pursuant to Section 1-9.2.
4    The Board may by regulation delegate any of its duties or
5functions under this Article, except that final determinations
6and orders under this Article shall be issued only by the
7Board.
8    The requirement for reporting to the General Assembly shall
9be satisfied by filing copies of the report with the Speaker,
10the Minority Leader and the Clerk of the House of
11Representatives and the President, the Minority Leader and the
12Secretary of the Senate and the Legislative Research Unit, as
13required by Section 3.1 of "An Act to revise the law in
14relation to the General Assembly", approved February 25, 1874,
15as amended, and filing such additional copies with the State
16Government Report Distribution Center for the General Assembly
17as is required under paragraph (t) of Section 7 of the State
18Library Act.
19(Source: P.A. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
 
20    (10 ILCS 5/1A-16)
21    Sec. 1A-16. Voter registration information; Internet
22posting; processing of voter registration forms; content of
23such forms. Notwithstanding any law to the contrary, the
24following provisions shall apply to voter registration under
25this Code.

 

 

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1    (a) Voter registration information; Internet posting of
2voter registration form. Within 90 days after the effective
3date of this amendatory Act of the 93rd General Assembly, the
4State Board of Elections shall post on its World Wide Web site
5the following information:
6        (1) A comprehensive list of the names, addresses, phone
7    numbers, and websites, if applicable, of all county clerks
8    and boards of election commissioners in Illinois.
9        (2) A schedule of upcoming elections and the deadline
10    for voter registration.
11        (3) A downloadable, printable voter registration form,
12    in at least English and in Spanish versions, that a person
13    may complete and mail or submit to the State Board of
14    Elections or the appropriate county clerk or board of
15    election commissioners.
16Any forms described under paragraph (3) must state the
17following:
18        If you do not have a driver's license or social
19    security number, and this form is submitted by mail, and
20    you have never registered to vote in the jurisdiction you
21    are now registering in, then you must send, with this
22    application, either (i) a copy of a current and valid photo
23    identification, or (ii) a copy of a current utility bill,
24    bank statement, government check, paycheck, or other
25    government document that shows the name and address of the
26    voter. If you do not provide the information required

 

 

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1    above, then you will be required to provide election
2    officials with either (i) or (ii) described above the first
3    time you vote at a voting place or by absentee ballot.
4    (b) Acceptance of registration forms by the State Board of
5Elections and county clerks and board of election
6commissioners. The State Board of Elections, county clerks, and
7board of election commissioners shall accept all completed
8voter registration forms described in subsection (a)(3) of this
9Section and Sections 1A-17 and 1A-30 that are:
10        (1) postmarked on or before the day that voter
11    registration is closed under the Election Code;
12        (2) not postmarked, but arrives no later than 5 days
13    after the close of registration;
14        (3) submitted in person by a person using the form on
15    or before the day that voter registration is closed under
16    the Election Code; or
17        (4) submitted in person by a person who submits one or
18    more forms on behalf of one or more persons who used the
19    form on or before the day that voter registration is closed
20    under the Election Code.
21    Upon the receipt of a registration form, the State Board of
22Elections shall mark the date on which the form was received
23and send the form via first class mail to the appropriate
24county clerk or board of election commissioners, as the case
25may be, within 2 business days based upon the home address of
26the person submitting the registration form. The county clerk

 

 

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1and board of election commissioners shall accept and process
2any form received from the State Board of Elections.
3    (c) Processing of registration forms by county clerks and
4boards of election commissioners. The county clerk or board of
5election commissioners shall promulgate procedures for
6processing the voter registration form.
7    (d) Contents of the voter registration form. The State
8Board shall create a voter registration form, which must
9contain the following content:
10        (1) Instructions for completing the form.
11        (2) A summary of the qualifications to register to vote
12    in Illinois.
13        (3) Instructions for mailing in or submitting the form
14    in person.
15        (4) The phone number for the State Board of Elections
16    should a person submitting the form have questions.
17        (5) A box for the person to check that explains one of
18    3 reasons for submitting the form:
19            (a) new registration;
20            (b) change of address; or
21            (c) change of name.
22        (6) a box for the person to check yes or no that asks,
23    "Are you a citizen of the United States?", a box for the
24    person to check yes or no that asks, "Will you be 18 years
25    of age on or before election day?", and a statement of "If
26    you checked 'no' in response to either of these questions,

 

 

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1    then do not complete this form.".
2        (7) A space for the person to fill in his or her home
3    telephone number.
4        (8) Spaces for the person to fill in his or her first,
5    middle, and last names, street address (principal place of
6    residence), county, city, state, and zip code.
7        (9) Spaces for the person to fill in his or her mailing
8    address, city, state, and zip code if different from his or
9    her principal place of residence.
10        (10) A space for the person to fill in his or her
11    Illinois driver's license number if the person has a
12    driver's license.
13        (11) A space for a person without a driver's license to
14    fill in the last four digits of his or her social security
15    number if the person has a social security number.
16        (12) A space for a person without an Illinois driver's
17    license to fill in his or her identification number from
18    his or her State Identification card issued by the
19    Secretary of State.
20        (13) A space for the person to fill the name appearing
21    on his or her last voter registration, the street address
22    of his or her last registration, including the city,
23    county, state, and zip code.
24        (14) A space where the person swears or affirms the
25    following under penalty of perjury with his or her
26    signature:

 

 

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1            (a) "I am a citizen of the United States.";
2            (b) "I will be at least 18 years old on or before
3        the next election.";
4            (c) "I will have lived in the State of Illinois and
5        in my election precinct at least 30 days as of the date
6        of the next election."; and
7            "The information I have provided is true to the
8        best of my knowledge under penalty of perjury. If I
9        have provided false information, then I may be fined,
10        imprisoned, or if I am not a U.S. citizen, deported
11        from or refused entry into the United States."
12        (15) A space for the person to fill in his or her
13    e-mail address if he or she chooses to provide that
14    information.
15    (d-5) Compliance with federal law; rulemaking authority.
16The voter registration form described in this Section shall be
17consistent with the form prescribed by the Federal Election
18Commission under the National Voter Registration Act of 1993,
19P.L. 103-31, as amended from time to time, and the Help America
20Vote Act of 2002, P.L. 107-252, in all relevant respects. The
21State Board of Elections shall periodically update the form
22based on changes to federal or State law. The State Board of
23Elections shall promulgate any rules necessary for the
24implementation of this Section; provided that the rules comport
25with the letter and spirit of the National Voter Registration
26Act of 1993 and Help America Vote Act of 2002 and maximize the

 

 

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1opportunity for a person to register to vote.
2    (e) Forms available in paper form. The State Board of
3Elections shall make the voter registration form available in
4regular paper stock and form in sufficient quantities for the
5general public. The State Board of Elections may provide the
6voter registration form to the Secretary of State, county
7clerks, boards of election commissioners, designated agencies
8of the State of Illinois, and any other person or entity
9designated to have these forms by the Election Code in regular
10paper stock and form or some other format deemed suitable by
11the Board. Each county clerk or board of election commissioners
12has the authority to design and print its own voter
13registration form so long as the form complies with the
14requirements of this Section. The State Board of Elections,
15county clerks, boards of election commissioners, or other
16designated agencies of the State of Illinois required to have
17these forms under the Election Code shall provide a member of
18the public with any reasonable number of forms that he or she
19may request. Nothing in this Section shall permit the State
20Board of Elections, county clerk, board of election
21commissioners, or other appropriate election official who may
22accept a voter registration form to refuse to accept a voter
23registration form because the form is printed on photocopier or
24regular paper stock and form.
25    (f) (Blank).
26(Source: P.A. 98-115, eff. 10-1-13.)
 

 

 

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1    (10 ILCS 5/1A-16.5)
2    Sec. 1A-16.5. Online voter registration.
3    (a) The State Board of Elections shall establish and
4maintain a system for online voter registration that permits a
5person to apply to register to vote or to update his or her
6existing voter registration. In accordance with technical
7specifications provided by the State Board of Elections, each
8election authority shall maintain a voter registration system
9capable of receiving and processing voter registration
10application information, including electronic signatures, from
11the online voter registration system established by the State
12Board of Elections.
13    (b) The online voter registration system shall employ
14security measures to ensure the accuracy and integrity of voter
15registration applications submitted electronically pursuant to
16this Section.
17    (c) The Board may receive voter registration information
18provided by applicants using the State Board of Elections'
19website, may cross reference that information with data or
20information contained in the Secretary of State's database in
21order to match the information submitted by applicants, and may
22receive from the Secretary of State the applicant's digitized
23signature upon a successful match of that applicant's
24information with that contained in the Secretary of State's
25database.

 

 

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1    (d) Notwithstanding any other provision of law, a person
2who is qualified to register to vote and who has an authentic
3Illinois driver's license or State identification card issued
4by the Secretary of State may submit an application to register
5to vote electronically on a website maintained by the State
6Board of Elections.
7    (e) An online voter registration application shall contain
8all of the information that is required for a paper application
9as provided in Section 1A-16 of this Code, except that the
10applicant shall be required to provide:
11        (1) the applicant's full Illinois driver's license or
12    State identification card number;
13        (2) the last 4 digits of the applicant's social
14    security number; and
15        (3) the date the Illinois driver's license or State
16    identification card was issued.
17    (f) For an applicant's registration or change in
18registration to be accepted, the applicant shall mark the box
19associated with the following statement included as part of the
20online voter registration application:
21    "By clicking on the box below, I swear or affirm all of the
22following:
23    (1) I am the person whose name and identifying information
24is provided on this form, and I desire to register to vote in
25the State of Illinois.
26    (2) All the information I have provided on this form is

 

 

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1true and correct as of the date I am submitting this form.
2    (3) I authorize the Secretary of State to transmit to the
3State Board of Elections my signature that is on file with the
4Secretary of State and understand that such signature will be
5used by my local election authority on this online voter
6registration application for admission as an elector as if I
7had signed this form personally.".
8    (g) Immediately upon receiving a completed online voter
9registration application, the online voter registration system
10shall send, by electronic mail, a confirmation notice that the
11application has been received. Within 48 hours of receiving
12such an application, the online voter registration system shall
13send by electronic mail, a notice informing the applicant of
14whether the following information has been matched with the
15Secretary of State database:
16        (1) that the applicant has an authentic Illinois
17    driver's license or State identification card issued by the
18    Secretary of State and that the driver's license or State
19    identification number provided by the applicant matches
20    the driver's license or State identification card number
21    for that person on file with the Secretary of State;
22        (2) that the date of issuance of the Illinois driver's
23    license or State identification card listed on the
24    application matches the date of issuance of that card for
25    that person on file with the Secretary of State;
26        (3) that the date of birth provided by the applicant

 

 

SB0172 Enrolled- 21 -LRB098 04408 HLH 34436 b

1    matches the date of birth for that person on file with the
2    Secretary of State; and
3        (4) that the last 4 digits of the applicant's social
4    security number matches the last 4 digits for that person
5    on file with the Secretary of State.
6    (h) If the information provided by the applicant matches
7the information on the Secretary of State's databases for any
8driver's license and State identification card holder and is
9matched as provided in subsection (g) above, the online voter
10registration system shall:
11        (1) retrieve from the Secretary of State's database
12    files an electronic copy of the applicant's signature from
13    his or her Illinois driver's license or State
14    identification card and such signature shall be deemed to
15    be the applicant's signature on his or her online voter
16    registration application;
17        (2) within 2 days of receiving the application, forward
18    to the county clerk or board of election commissioners
19    having jurisdiction over the applicant's voter
20    registration: (i) the application, along with the
21    applicant's relevant data that can be directly loaded into
22    the jurisdiction's voter registration system and (ii) a
23    copy of the applicant's electronic signature and a
24    certification from the State Board of Elections that the
25    applicant's driver's license or State identification card
26    number, driver's license or State identification card date

 

 

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1    of issuance, and date of birth and social security
2    information have been successfully matched.
3    (i) Upon receipt of the online voter registration
4application, the county clerk or board of election
5commissioners having jurisdiction over the applicant's voter
6registration shall promptly search its voter registration
7database to determine whether the applicant is already
8registered to vote at the address on the application and
9whether the new registration would create a duplicate
10registration. If the applicant is already registered to vote at
11the address on the application, the clerk or board, as the case
12may be, shall send the applicant by first class mail, and
13electronic mail if the applicant has provided an electronic
14mail address on the original voter registration form for that
15address, a disposition notice as otherwise required by law
16informing the applicant that he or she is already registered to
17vote at such address. If the applicant is not already
18registered to vote at the address on the application and the
19applicant is otherwise eligible to register to vote, the clerk
20or board, as the case may be, shall:
21        (1) enter the name and address of the applicant on the
22    list of registered voters in the jurisdiction; and
23        (2) send by mail, and electronic mail if the applicant
24    has provided an electronic mail address on the voter
25    registration form, a disposition notice to the applicant as
26    otherwise provided by law setting forth the applicant's

 

 

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1    name and address as it appears on the application and
2    stating that the person is registered to vote.
3    (j) An electronic signature of the person submitting a
4duplicate registration application or a change of address form
5that is retrieved and imported from the Secretary of State's
6driver's license or State identification card database as
7provided herein may, in the discretion of the clerk or board,
8be substituted for and replace any existing signature for that
9individual in the voter registration database of the county
10clerk or board of election commissioners.
11    (k) Any new registration or change of address submitted
12electronically as provided in this Section shall become
13effective as of the date it is received by the county clerk or
14board of election commissioners having jurisdiction over said
15registration. Disposition notices prescribed in this Section
16shall be sent within 5 business days of receipt of the online
17application or change of address by the county clerk or board
18of election commissioners.
19    (l) All provisions of this Code governing voter
20registration and applicable thereto and not inconsistent with
21this Section shall apply to online voter registration under
22this Section. All applications submitted on a website
23maintained by the State Board of Elections shall be deemed
24timely filed if they are submitted no later than 11:59 p.m. on
25the final day for voter registration prior to an election.
26After the registration period for an upcoming election has

 

 

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1ended and until the 2nd day following such election, the web
2page containing the online voter registration form on the State
3Board of Elections website shall inform users of the procedure
4for grace period voting.
5    (m) The State Board of Elections shall maintain a list of
6the name, street address, e-mail address, and likely precinct,
7ward, township, and district numbers, as the case may be, of
8people who apply to vote online through the voter registration
9system and those names and that information shall be stored in
10an electronic format on its website, arranged by county and
11accessible to State and local political committees.
12    (n) The Illinois State Board of Elections shall develop or
13cause to be developed an online voter registration system able
14to be accessed by at least the top two most used mobile
15electronic operating systems by January 1, 2016. The Illinois
16State Board of Elections shall submit a report to the General
17Assembly and the Governor by January 31, 2014 detailing the
18progress made to implement the online voter registration system
19described in this Section.
20    (o) (Blank). The online voter registration system provided
21for in this Section shall be fully operational by July 1, 2014.
22    (p) Each State department that maintains an Internet
23website must include a hypertext link to the homepage website
24maintained and operated pursuant to this Section 1A-16.5. For
25the purposes of this Section, "State department" means the
26departments of State Government listed in Section 5-15 of the

 

 

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1Civil Administrative Code of Illinois (General Provisions and
2Departments of State Government).
3(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
 
4    (10 ILCS 5/1A-16.6 new)
5    Sec. 1A-16.6. Government agency voter registration.
6    (a) By April 1, 2016, the State Board of Elections shall
7establish and maintain a portal for government agency
8registration that permits an eligible person to electronically
9apply to register to vote or to update his or her existing
10voter registration whenever he or she conducts business, either
11online or in person, with a designated government agency. The
12portal shall interface with the online voter registration
13system established in Section 1A-16.5 of this Code and shall be
14capable of receiving and processing voter registration
15application information, including electronic signatures, from
16a designated government agency. The State Board of Elections
17shall modify the online voter registration system as necessary
18to implement this Section.
19    Voter registration data received from a designated
20government agency through the online registration system shall
21be processed as provided for in Section 1A-16.5 of this Code.
22    Whenever the registration interface is accessible to the
23general public, including, but not limited to, online
24transactions, the interface shall allow the applicant to
25complete the process as provided for in Section 1A-16.5 of this

 

 

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1Code. The online interface shall be capable of providing the
2applicant with the applicant's voter registration status with
3the State Board of Elections and, if registered, the
4applicant's current registration address. The applicant shall
5not be required to re-enter any registration data, such as
6name, address, and birth date, if the designated government
7agency already has that information on file. The applicant
8shall be informed that by choosing to register to vote or to
9update his or her existing voter registration, the applicant
10consents to the transfer of the applicant's personal
11information to the State Board of Elections.
12    Whenever a government employee is accessing the
13registration system while servicing the applicant, the
14government employee shall notify the applicant of the
15applicant's registration status with the State Board of
16Elections and, if registered, the applicant's current
17registration address. If the applicant elects to register to
18vote or to update his or her existing voter registration, the
19government employee shall collect the needed information and
20assist the applicant with his or her registration. The
21applicant shall be informed that by choosing to register to
22vote or to update his or her existing voter registration, the
23applicant consents to the transfer of the applicant's personal
24information to the State Board of Elections.
25    In accordance with technical specifications provided by
26the State Board of Elections, each designated government agency

 

 

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1shall maintain a data transfer mechanism capable of
2transmitting voter registration application information,
3including electronic signatures where available, to the online
4voter registration system established in Section 1A-16.5 of
5this Code. Each designated government agency shall establish
6and operate a voter registration system capable of transmitting
7voter registration application information to the portal as
8described in this Section by July 1, 2016.
9    (b) Whenever an applicant's data is transferred from a
10designated government agency, the agency must transmit a
11signature image if available. If no signature image was
12provided by the agency or if no signature image is available in
13the Secretary of State's database or the statewide voter
14registration database, the applicant must be notified that
15their registration will remain in a pending status and the
16applicant will be required to provide identification and a
17signature to the election authority on Election Day in the
18polling place or during early voting.
19    (c) The State Board of Elections shall track registration
20data received through the online registration system that
21originated from a designated government agency for the purposes
22of maintaining statistics required by the federal National
23Voter Registration Act of 1993, as amended.
24    (d) The State Board of Elections shall submit a report to
25the General Assembly and the Governor by December 1, 2015
26detailing the progress made to implement the government agency

 

 

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1voter registration portal described in this Section.
2    (e) The Board shall adopt rules, in consultation with the
3impacted agencies.
4    (f) As used in this Section, a "designated government
5agency" means the Secretary of State's Driver Services and
6Vehicle Services Departments, the Department of Human
7Services, the Department of Healthcare and Family Services, the
8Department of Employment Security, and the Department on Aging.
 
9    (10 ILCS 5/1A-16.8 new)
10    Sec. 1A-16.8. Automatic transfer of registration based
11upon information from the National Change of Address database.
12The State Board of Elections shall cross-reference the
13statewide voter registration database against the United
14States Postal Service's National Change of Address database
15twice each calendar year, April 15 and October 1 in
16odd-numbered years and April 15 and December 1 in even-numbered
17years, and shall share the findings with the election
18authorities. An election authority shall automatically
19register any voter who has moved into its jurisdiction from
20another jurisdiction in Illinois or has moved within its
21jurisdiction provided that:
22        (1) the election authority whose jurisdiction includes
23    the new registration address provides the voter an
24    opportunity to reject the change in registration address
25    through a mailing, sent by non-forwardable mail, to the new

 

 

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1    registration address, and
2        (2) when the election authority whose jurisdiction
3    includes the previous registration address is a different
4    election authority, then that election authority provides
5    the same opportunity through a mailing, sent by forwardable
6    mail, to the previous registration address.
7    This change in registration shall trigger the same
8inter-jurisdictional or intra-jurisdictional workflows as if
9the voter completed a new registration card, including the
10cancellation of the voter's previous registration. Should the
11registration of a voter be changed from one address to another
12within the State and should the voter appear at the polls and
13offer to vote from the prior registration address, attesting
14that the prior registration address is the true current
15address, the voter, if confirmed by the election authority as
16having been registered at the prior registration address and
17canceled only by the process authorized by this Section, shall
18be issued a regular ballot, and the change of registration
19address shall be canceled. If the election authority is unable
20to immediately confirm the registration, the voter shall be
21issued a provisional ballot and the provisional ballot shall be
22counted.
 
23    (10 ILCS 5/1A-25)
24    Sec. 1A-25. Centralized statewide voter registration list.
25The centralized statewide voter registration list required by

 

 

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1Title III, Subtitle A, Section 303 of the Help America Vote Act
2of 2002 shall be created and maintained by the State Board of
3Elections as provided in this Section.
4        (1) The centralized statewide voter registration list
5    shall be compiled from the voter registration data bases of
6    each election authority in this State.
7        (2) With the exception of voter registration forms
8    submitted electronically through an online voter
9    registration system, all new voter registration forms and
10    applications to register to vote, including those reviewed
11    by the Secretary of State at a driver services facility,
12    shall be transmitted only to the appropriate election
13    authority as required by Articles 4, 5, and 6 of this Code
14    and not to the State Board of Elections. All voter
15    registration forms submitted electronically to the State
16    Board of Elections through an online voter registration
17    system shall be transmitted to the appropriate election
18    authority as required by Section 1A-16.5. The election
19    authority shall process and verify each voter registration
20    form and electronically enter verified registrations on an
21    expedited basis onto the statewide voter registration
22    list. All original registration cards shall remain
23    permanently in the office of the election authority as
24    required by this Code.
25        (3) The centralized statewide voter registration list
26    shall:

 

 

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1            (i) Be designed to allow election authorities to
2        utilize the registration data on the statewide voter
3        registration list pertinent to voters registered in
4        their election jurisdiction on locally maintained
5        software programs that are unique to each
6        jurisdiction.
7            (ii) Allow each election authority to perform
8        essential election management functions, including but
9        not limited to production of voter lists, processing of
10        vote by mail absentee voters, production of
11        individual, pre-printed applications to vote,
12        administration of election judges, and polling place
13        administration, but shall not prevent any election
14        authority from using information from that election
15        authority's own systems.
16        (4) The registration information maintained by each
17    election authority shall be synchronized with that
18    authority's information on the statewide list at least once
19    every 24 hours.
20    To protect the privacy and confidentiality of voter
21registration information, the disclosure of any portion of the
22centralized statewide voter registration list to any person or
23entity other than to a State or local political committee and
24other than to a governmental entity for a governmental purpose
25is specifically prohibited except as follows: (1) subject to
26security measures adopted by the State Board of Elections

 

 

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1which, at a minimum, shall include the keeping of a catalog or
2database, available for public view, including the name,
3address, and telephone number of the person viewing the list as
4well as the time of that viewing, any person may view the list
5on a computer screen at the Springfield office of the State
6Board of Elections, during normal business hours other than
7during the 27 days before an election, but the person viewing
8the list under this exception may not print, duplicate,
9transmit, or alter the list; or (2) as may be required by an
10agreement the State Board of Elections has entered into with a
11multi-state voter registration list maintenance system.
12(Source: P.A. 98-115, eff. 7-29-13.)
 
13    (10 ILCS 5/1A-45 new)
14    Sec. 1A-45. Electronic Registration Information Center.
15    (a) The State Board of Elections shall enter into an
16agreement with the Electronic Registration Information Center
17effective no later than January 1, 2016, for the purpose of
18maintaining a statewide voter registration database. The State
19Board of Elections shall comply with the requirements of the
20Electronic Registration Information Center Membership
21Agreement. The State Board of Elections shall require a term in
22the Electronic Registration Information Center Membership
23Agreement that requires the State to share identification
24records contained in the Secretary of State's Driver Services
25Department and Vehicle Services Department, the Department of

 

 

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1Human Services, the Department of Healthcare and Family
2Services, the Department of Aging, and the Department of
3Employment Security databases (excluding those fields
4unrelated to voter eligibility, such as income or health
5information).
6    (b) The Secretary of State and the Board of Elections shall
7enter into an agreement to permit the Secretary of State to
8provide the State Board of Elections with any information
9required for compliance with the Electronic Registration
10Information Center Membership Agreement. The Secretary of
11State shall deliver this information as frequently as necessary
12for the State Board of Elections to comply with the Electronic
13Registration Information Center Membership Agreement.
14    (b-5) The State Board of Elections and the Department of
15Human Services, the Department of Healthcare and Family
16Services, the Department on Aging, and the Department of
17Employment Security shall enter into an agreement to require
18each department to provide the State Board of Elections with
19any information necessary to transmit member data under the
20Electronic Registration Information Center Membership
21Agreement. The director or secretary, as applicable, of each
22agency shall deliver this information on an annual basis to the
23State Board of Elections pursuant to the agreement between the
24entities.
25    (c) Any communication required to be delivered to a
26registrant or potential registrant pursuant to the Electronic

 

 

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1Registration Information Center Membership Agreement shall
2include at least the following message:
3        "Our records show people at this address may not be
4    registered to vote at this address, but you may be eligible
5    to register to vote or re-register to vote at this address.
6    If you are a U.S. Citizen, a resident of Illinois, and will
7    be 18 years old or older before the next general election
8    in November, you are qualified to vote.
9        We invite you to check your registration online at
10    (enter URL) or register to vote online at (enter URL), by
11    requesting a mail-in voter registration form by (enter
12    instructions for requesting a mail-in voter registration
13    form), or visiting the (name of election authority) office
14    at (address of election authority)."
15    The words "register to vote online at (enter URL)" shall be
16bolded and of a distinct nature from the other words in the
17message required by this subsection (c).
18    (d) Any communication required to be delivered to a
19potential registrant that has been identified by the Electronic
20Registration Information Center as eligible to vote but who is
21not registered to vote in Illinois shall be prepared and
22disseminated at the direction of the State Board of Elections.
23All other communications with potential registrants or
24re-registrants pursuant to the Electronic Registration
25Information Center Membership Agreement shall be prepared and
26disseminated at the direction of the appropriate election

 

 

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1authority.
2    (e) The Executive Director of the State Board of Elections
3or his or her designee shall serve as the Member Representative
4to the Electronic Registration Information Center.
5    (f) The State Board of Elections may adopt any rules
6necessary to enforce this Section or comply with the Electronic
7Registration Information Center Membership Agreement.
 
8    (10 ILCS 5/3-6)
9    Sec. 3-6. Voting age. Notwithstanding any other provision
10of law, a person who is 17 years old on the date of a primary
11election and who is otherwise qualified to vote is qualified to
12vote at that primary, including voting a vote by mail an
13absentee, grace period, or early voting ballot with respect to
14that primary, if that person will be 18 years old on the date
15of the immediately following general election.
16    References in this Code and elsewhere to the requirement
17that a person must be 18 years old to vote shall be interpreted
18in accordance with this Section.
19    For the purposes of this Act, an individual who is 17 years
20of age and who will be 18 years of age on the date of the
21general election shall be deemed competent to execute and
22attest to any voter registration forms.
23(Source: P.A. 98-51, eff. 1-1-14.)
 
24    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)

 

 

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1    Sec. 4-6.3. The county clerk may establish a temporary
2place of registration for such times and at such locations
3within the county as the county clerk may select. However, no
4temporary place of registration may be in operation during the
527 days preceding an election. Notice of the time and place of
6registration under this Section shall be published by the
7county clerk in a newspaper having a general circulation in the
8county not less than 3 nor more than 15 days before the holding
9of such registration.
10    Temporary places of registration shall be established so
11that the areas of concentration of population or use by the
12public are served, whether by facilities provided in places of
13private business or in public buildings or in mobile units.
14Areas which may be designated as temporary places of
15registration include, but are not limited to, facilities
16licensed or certified pursuant to the Nursing Home Care Act,
17the Specialized Mental Health Rehabilitation Act of 2013, or
18the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
19shopping centers, business districts, public buildings and
20county fairs.
21    Temporary places of registration shall be available to the
22public not less than 2 hours per year for each 1,000 population
23or fraction thereof in the county.
24    All temporary places of registration shall be manned by
25deputy county clerks or deputy registrars appointed pursuant to
26Section 4-6.2.

 

 

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1(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
2eff. 7-13-12; 98-104, eff. 7-22-13.)
 
3    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
4    Sec. 4-10. Except as herein provided, no person shall be
5registered, unless he applies in person to a registration
6officer, answers such relevant questions as may be asked of him
7by the registration officer, and executes the affidavit of
8registration. The registration officer shall require the
9applicant to furnish two forms of identification, and except in
10the case of a homeless individual, one of which must include
11his or her residence address. These forms of identification
12shall include, but not be limited to, any of the following:
13driver's license, social security card, public aid
14identification card, utility bill, employee or student
15identification card, lease or contract for a residence, credit
16card, or a civic, union or professional association membership
17card. The registration officer shall require a homeless
18individual to furnish evidence of his or her use of the mailing
19address stated. This use may be demonstrated by a piece of mail
20addressed to that individual and received at that address or by
21a statement from a person authorizing use of the mailing
22address. The registration officer shall require each applicant
23for registration to read or have read to him the affidavit of
24registration before permitting him to execute the affidavit.
25    One of the registration officers or a deputy registration

 

 

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1officer, county clerk, or clerk in the office of the county
2clerk, shall administer to all persons who shall personally
3apply to register the following oath or affirmation:
4    "You do solemnly swear (or affirm) that you will fully and
5truly answer all such questions as shall be put to you touching
6your name, place of residence, place of birth, your
7qualifications as an elector and your right as such to register
8and vote under the laws of the State of Illinois."
9    The registration officer shall satisfy himself that each
10applicant for registration is qualified to register before
11registering him. If the registration officer has reason to
12believe that the applicant is a resident of a Soldiers' and
13Sailors' Home or any facility which is licensed or certified
14pursuant to the Nursing Home Care Act, the Specialized Mental
15Health Rehabilitation Act of 2013, or the ID/DD Community Care
16Act, the following question shall be put, "When you entered the
17home which is your present address, was it your bona fide
18intention to become a resident thereof?" Any voter of a
19township, city, village or incorporated town in which such
20applicant resides, shall be permitted to be present at the
21place of any precinct registration and shall have the right to
22challenge any applicant who applies to be registered.
23    In case the officer is not satisfied that the applicant is
24qualified he shall forthwith notify such applicant in writing
25to appear before the county clerk to complete his registration.
26Upon the card of such applicant shall be written the word

 

 

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1"incomplete" and no such applicant shall be permitted to vote
2unless such registration is satisfactorily completed as
3hereinafter provided. No registration shall be taken and marked
4as incomplete if information to complete it can be furnished on
5the date of the original application.
6    Any person claiming to be an elector in any election
7precinct and whose registration card is marked "Incomplete" may
8make and sign an application in writing, under oath, to the
9county clerk in substance in the following form:
10    "I do solemnly swear that I, ...., did on (insert date)
11make application to the board of registry of the .... precinct
12of the township of .... (or to the county clerk of .... county)
13and that said board or clerk refused to complete my
14registration as a qualified voter in said precinct. That I
15reside in said precinct, that I intend to reside in said
16precinct, and am a duly qualified voter of said precinct and am
17entitled to be registered to vote in said precinct at the next
18election.
19(Signature of applicant) ............................."
 
20    All such applications shall be presented to the county
21clerk or to his duly authorized representative by the
22applicant, in person between the hours of 9:00 a.m. and 5:00
23p.m. on any day after the days on which the 1969 and 1970
24precinct re-registrations are held but not on any day within 27
25days preceding the ensuing general election and thereafter for

 

 

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1the registration provided in Section 4-7 all such applications
2shall be presented to the county clerk or his duly authorized
3representative by the applicant in person between the hours of
49:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
5the ensuing general election. Such application shall be heard
6by the county clerk or his duly authorized representative at
7the time the application is presented. If the applicant for
8registration has registered with the county clerk, such
9application may be presented to and heard by the county clerk
10or by his duly authorized representative upon the dates
11specified above or at any time prior thereto designated by the
12county clerk.
13    Any otherwise qualified person who is absent from his
14county of residence either due to business of the United States
15or because he is temporarily outside the territorial limits of
16the United States may become registered by mailing an
17application to the county clerk within the periods of
18registration provided for in this Article, or by simultaneous
19application for absentee registration by mail and vote by mail
20absentee ballot as provided in Article 20 of this Code.
21    Upon receipt of such application the county clerk shall
22immediately mail an affidavit of registration in duplicate,
23which affidavit shall contain the following and such other
24information as the State Board of Elections may think it proper
25to require for the identification of the applicant:
26    Name. The name of the applicant, giving surname and first

 

 

SB0172 Enrolled- 41 -LRB098 04408 HLH 34436 b

1or Christian name in full, and the middle name or the initial
2for such middle name, if any.
3    Sex.
4    Residence. The name and number of the street, avenue or
5other location of the dwelling, and such additional clear and
6definite description as may be necessary to determine the exact
7location of the dwelling of the applicant. Where the location
8cannot be determined by street and number, then the Section,
9congressional township and range number may be used, or such
10other information as may be necessary, including post office
11mailing address.
12    Electronic mail address, if the registrant has provided
13this information.
14    Term of residence in the State of Illinois and the
15precinct.
16    Nativity. The State or country in which the applicant was
17born.
18    Citizenship. Whether the applicant is native born or
19naturalized. If naturalized, the court, place and date of
20naturalization.
21    Age. Date of birth, by month, day and year.
22    Out of State address of ..........................
23
AFFIDAVIT OF REGISTRATION
24State of ...........)  
25                   )ss
26County of ..........)

 

 

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1    I hereby swear (or affirm) that I am a citizen of the
2United States; that on the day of the next election I shall
3have resided in the State of Illinois and in the election
4precinct 30 days; that I am fully qualified to vote, that I am
5not registered to vote anywhere else in the United States, that
6I intend to remain a resident of the State of Illinois and of
7the election precinct, that I intend to return to the State of
8Illinois, and that the above statements are true.
9
..............................
10
(His or her signature or mark)
11    Subscribed and sworn to before me, an officer qualified to
12administer oaths, on (insert date).
13
........................................
14
Signature of officer administering oath.
15    Upon receipt of the executed duplicate affidavit of
16Registration, the county clerk shall transfer the information
17contained thereon to duplicate Registration Cards provided for
18in Section 4-8 of this Article and shall attach thereto a copy
19of each of the duplicate affidavit of registration and
20thereafter such registration card and affidavit shall
21constitute the registration of such person the same as if he
22had applied for registration in person.
23(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
24eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
2598-756, eff. 7-16-14.)
 

 

 

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1    (10 ILCS 5/4-50)
2    Sec. 4-50. Grace period. Notwithstanding any other
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for an a primary or election and until and
7including the 3rd day of the before the primary or election,
8except that during the 2014 general election the period shall
9extend until the polls close on election day. During this grace
10period, an unregistered qualified elector may register to vote,
11and a registered voter may submit a change of address form, in
12person in the office of the election authority, at a permanent
13polling place established under Section 19A-10, at any other
14early voting site beginning 15 days prior to the election, at a
15polling place on election day, or at a voter registration
16location specifically designated for this purpose by the
17election authority. During the 2014 general election, an
18unregistered qualified elector may register to vote, and a
19registered voter may submit a change of address form, in person
20at any permanent polling place for early voting established
21under Section 19A-10 through election day. The election
22authority shall register that individual, or change a
23registered voter's address, in the same manner as otherwise
24provided by this Article for registration and change of
25address.
26    If a voter who registers or changes address during this

 

 

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1grace period wishes to vote at the first election or primary
2occurring during after the grace period, he or she must do so
3by grace period voting. The election authority shall offer
4in-person grace period voting at the authority's office, and
5any permanent polling place established under Section 19A-10,
6and at any other early voting site beginning 15 days prior to
7the election, at a polling place on election day, where grace
8period registration is required by this Section; and may offer
9in-person grace period voting at additional hours and locations
10specifically designated for the purpose of grace period voting
11by the election authority. The election authority may allow
12grace period voting by mail only if the election authority has
13no ballots prepared at the authority's office. Grace period
14voting shall be in a manner substantially similar to voting
15under Article 19A 19.
16    Within one day after a voter casts a grace period ballot,
17or within one day after the ballot is received by the election
18authority if the election authority allows grace period voting
19by mail, the election authority shall transmit by electronic
20means pursuant to a process established by the State Board of
21Elections the voter's name, street address, e-mail address, and
22precinct, ward, township, and district numbers, as the case may
23be, to the State Board of Elections, which shall maintain those
24names and that information in an electronic format on its
25website, arranged by county and accessible to State and local
26political committees. The name of each person issued a grace

 

 

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1period ballot shall also be placed on the appropriate precinct
2list of persons to whom vote by mail absentee and early ballots
3have been issued, for use as provided in Sections 17-9 and
418-5.
5    A person who casts a grace period ballot shall not be
6permitted to revoke that ballot and vote another ballot with
7respect to that primary or election. Ballots cast by persons
8who register or change address during the grace period at a
9location other than their designated polling place on election
10day must be transmitted to and counted at the election
11authority's central ballot counting location and shall not be
12transmitted to and counted at precinct polling places. The
13grace period ballots determined to be valid shall be added to
14the vote totals for the precincts for which they were cast in
15the order in which the ballots were opened.
16    In counties with a population of less than 100,000 that do
17not have electronic poll books, the election authority may opt
18out of registration in the polling place if the election
19authority establishes grace period registration and voting at
20other sites on election day at the following sites: (i) the
21election authority's main office and (ii) a polling place in
22each municipality where 20% or more of the county's residents
23reside if the election authority's main office is not located
24in that municipality. The election authority may establish
25other grace period registration and voting sites on election
26day provided that the election authority has met the notice

 

 

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1requirements of Section 19A-25 for permanent and temporary
2early voting sites.
3(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
498-691, eff. 7-1-14.)
 
5    (10 ILCS 5/4-105)
6    Sec. 4-105. First time voting. A person must vote for the
7first time in person and not by a vote by mail mailed absentee
8ballot if the person registered to vote by mail, unless the
9person first provides the appropriate election authority with
10sufficient proof of identity and the election authority
11verifies the person's proof of identity. Sufficient proof of
12identity shall be demonstrated by submission of the person's
13driver's license number or State identification card number or,
14if the person does not have either of those, verification by
15the last 4 digits of the person's social security number, a
16copy of a current and valid photo identification, or a copy of
17a current utility bill, bank statement, paycheck, government
18check, or other federal, State, or local government document
19that shows the person's name and address. A person may also
20demonstrate sufficient proof of identity by submission of a
21photo identification issued by a college or university
22accompanied by either a copy of the applicant's contract or
23lease for a residence or any postmarked mail delivered to the
24applicant at his or her current residence address. Persons who
25apply to register to vote by mail but provide inadequate proof

 

 

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1of identity to the election authority shall be notified by the
2election authority that the registration has not been fully
3completed and that the person remains ineligible to vote by
4mail or in person until such proof is presented.
5(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
6    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
7    Sec. 5-9. Except as herein provided, no person shall be
8registered unless he applies in person to registration officer,
9answers such relevant questions as may be asked of him by the
10registration officer, and executes the affidavit of
11registration. The registration officer shall require the
12applicant to furnish two forms of identification, and except in
13the case of a homeless individual, one of which must include
14his or her residence address. These forms of identification
15shall include, but not be limited to, any of the following:
16driver's license, social security card, public aid
17identification card, utility bill, employee or student
18identification card, lease or contract for a residence, credit
19card, or a civic, union or professional association membership
20card. The registration officer shall require a homeless
21individual to furnish evidence of his or her use of the mailing
22address stated. This use may be demonstrated by a piece of mail
23addressed to that individual and received at that address or by
24a statement from a person authorizing use of the mailing
25address. The registration officer shall require each applicant

 

 

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1for registration to read or have read to him the affidavit of
2registration before permitting him to execute the affidavit.
3    One of the Deputy Registrars, the Judge of Registration, or
4an Officer of Registration, County Clerk, or clerk in the
5office of the County Clerk, shall administer to all persons who
6shall personally apply to register the following oath or
7affirmation:
8    "You do solemnly swear (or affirm) that you will fully and
9truly answer all such questions as shall be put to you touching
10your place of residence, name, place of birth, your
11qualifications as an elector and your right as such to register
12and vote under the laws of the State of Illinois."
13    The Registration Officer shall satisfy himself that each
14applicant for registration is qualified to register before
15registering him. If the registration officer has reason to
16believe that the applicant is a resident of a Soldiers' and
17Sailors' Home or any facility which is licensed or certified
18pursuant to the Nursing Home Care Act, the Specialized Mental
19Health Rehabilitation Act of 2013, or the ID/DD Community Care
20Act, the following question shall be put, "When you entered the
21home which is your present address, was it your bona fide
22intention to become a resident thereof?" Any voter of a
23township, city, village or incorporated town in which such
24applicant resides, shall be permitted to be present at the
25place of precinct registration, and shall have the right to
26challenge any applicant who applies to be registered.

 

 

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1    In case the officer is not satisfied that the applicant is
2qualified, he shall forthwith in writing notify such applicant
3to appear before the County Clerk to furnish further proof of
4his qualifications. Upon the card of such applicant shall be
5written the word "Incomplete" and no such applicant shall be
6permitted to vote unless such registration is satisfactorily
7completed as hereinafter provided. No registration shall be
8taken and marked as "incomplete" if information to complete it
9can be furnished on the date of the original application.
10    Any person claiming to be an elector in any election
11precinct in such township, city, village or incorporated town
12and whose registration is marked "Incomplete" may make and sign
13an application in writing, under oath, to the County Clerk in
14substance in the following form:
15    "I do solemnly swear that I, .........., did on (insert
16date) make application to the Board of Registry of the ........
17precinct of ........ ward of the City of .... or of the
18......... District ......... Town of .......... (or to the
19County Clerk of .............) and ............ County; that
20said Board or Clerk refused to complete my registration as a
21qualified voter in said precinct, that I reside in said
22precinct (or that I intend to reside in said precinct), am a
23duly qualified voter and entitled to vote in said precinct at
24the next election.
25
...........................
26
(Signature of Applicant)"

 

 

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1    All such applications shall be presented to the County
2Clerk by the applicant, in person between the hours of nine
3o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
4the third week subsequent to the weeks in which the 1961 and
51962 precinct re-registrations are to be held, and thereafter
6for the registration provided in Section 5-17 of this Article,
7all such applications shall be presented to the County Clerk by
8the applicant in person between the hours of nine o'clock a.m.
9and nine o'clock p.m. on Monday and Tuesday of the third week
10prior to the date on which such election is to be held.
11    Any otherwise qualified person who is absent from his
12county of residence either due to business of the United States
13or because he is temporarily outside the territorial limits of
14the United States may become registered by mailing an
15application to the county clerk within the periods of
16registration provided for in this Article or by simultaneous
17application for absentee registration by mail and vote by mail
18absentee ballot as provided in Article 20 of this Code.
19    Upon receipt of such application the county clerk shall
20immediately mail an affidavit of registration in duplicate,
21which affidavit shall contain the following and such other
22information as the State Board of Elections may think it proper
23to require for the identification of the applicant:
24    Name. The name of the applicant, giving surname and first
25or Christian name in full, and the middle name or the initial
26for such middle name, if any.

 

 

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1    Sex.
2    Residence. The name and number of the street, avenue or
3other location of the dwelling, and such additional clear and
4definite description as may be necessary to determine the exact
5location of the dwelling of the applicant. Where the location
6cannot be determined by street and number, then the Section,
7congressional township and range number may be used, or such
8other information as may be necessary, including post office
9mailing address.
10    Electronic mail address, if the registrant has provided
11this information.
12    Term of residence in the State of Illinois and the
13precinct.
14    Nativity. The State or country in which the applicant was
15born.
16    Citizenship. Whether the applicant is native born or
17naturalized. If naturalized, the court, place and date of
18naturalization.
19    Age. Date of birth, by month, day and year.
20    Out of State address of ..........................
21
AFFIDAVIT OF REGISTRATION
22State of .........)  
23                 )ss
24County of ........)
25    I hereby swear (or affirm) that I am a citizen of the
26United States; that on the day of the next election I shall

 

 

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1have resided in the State of Illinois for 6 months and in the
2election precinct 30 days; that I am fully qualified to vote,
3that I am not registered to vote anywhere else in the United
4States, that I intend to remain a resident of the State of
5Illinois and of the election precinct, that I intend to return
6to the State of Illinois, and that the above statements are
7true.
8
..............................
9
(His or her signature or mark)
10    Subscribed and sworn to before me, an officer qualified to
11administer oaths, on (insert date).
12
........................................
13
Signature of officer administering oath.

 
14    Upon receipt of the executed duplicate affidavit of
15Registration, the county clerk shall transfer the information
16contained thereon to duplicate Registration Cards provided for
17in Section 5-7 of this Article and shall attach thereto a copy
18of each of the duplicate affidavit of registration and
19thereafter such registration card and affidavit shall
20constitute the registration of such person the same as if he
21had applied for registration in person.
22(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
23eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
2498-756, eff. 7-16-14.)
 

 

 

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1    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
2    Sec. 5-16.3. The county clerk may establish temporary
3places of registration for such times and at such locations
4within the county as the county clerk may select. However, no
5temporary place of registration may be in operation during the
627 days preceding an election. Notice of time and place of
7registration at any such temporary place of registration under
8this Section shall be published by the county clerk in a
9newspaper having a general circulation in the county not less
10than 3 nor more than 15 days before the holding of such
11registration.
12    Temporary places of registration shall be established so
13that the areas of concentration of population or use by the
14public are served, whether by facilities provided in places of
15private business or in public buildings or in mobile units.
16Areas which may be designated as temporary places of
17registration include, but are not limited to, facilities
18licensed or certified pursuant to the Nursing Home Care Act,
19the Specialized Mental Health Rehabilitation Act of 2013, or
20the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
21shopping centers, business districts, public buildings and
22county fairs.
23    Temporary places of registration shall be available to the
24public not less than 2 hours per year for each 1,000 population
25or fraction thereof in the county.
26    All temporary places of registration shall be manned by

 

 

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1deputy county clerks or deputy registrars appointed pursuant to
2Section 5-16.2.
3(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
4eff. 7-13-12; 98-104, eff. 7-22-13.)
 
5    (10 ILCS 5/5-50)
6    Sec. 5-50. Grace period. Notwithstanding any other
7provision of this Code to the contrary, each election authority
8shall establish procedures for the registration of voters and
9for change of address during the period from the close of
10registration for an a primary or election and until and
11including the 3rd day of the before the primary or election,
12except that during the 2014 general election the period shall
13extend until the polls close on election day. During this grace
14period, an unregistered qualified elector may register to vote,
15and a registered voter may submit a change of address form, in
16person in the office of the election authority, at a permanent
17polling place established under Section 19A-10, at any other
18early voting site beginning 15 days prior to the election, at a
19polling place on election day, or at a voter registration
20location specifically designated for this purpose by the
21election authority. During the 2014 general election, an
22unregistered qualified elector may register to vote, and a
23registered voter may submit a change of address form, in person
24at any permanent polling place for early voting established
25pursuant to Section 19A-10 through election day. The election

 

 

SB0172 Enrolled- 55 -LRB098 04408 HLH 34436 b

1authority shall register that individual, or change a
2registered voter's address, in the same manner as otherwise
3provided by this Article for registration and change of
4address.
5    If a voter who registers or changes address during this
6grace period wishes to vote at the first election or primary
7occurring during after the grace period, he or she must do so
8by grace period voting. The election authority shall offer
9in-person grace period voting at his or her office, and any
10permanent polling place established under Section 19A-10, and
11at any other early voting site beginning 15 days prior to the
12election, at a polling place on election day, where grace
13period registration is required by this Section; and may offer
14in-person grace period voting at additional hours and locations
15specifically designated for the purpose of grace period voting
16by the election authority. The election authority may allow
17grace period voting by mail only if the election authority has
18no ballots prepared at the authority's office. Grace period
19voting shall be in a manner substantially similar to voting
20under Article 19A 19.
21    Within one day after a voter casts a grace period ballot,
22or within one day after the ballot is received by the election
23authority if the election authority allows grace period voting
24by mail, the election authority shall transmit by electronic
25means pursuant to a process established by the State Board of
26Elections the voter's name, street address, e-mail address, and

 

 

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1precinct, ward, township, and district numbers, as the case may
2be, to the State Board of Elections, which shall maintain those
3names and that information in an electronic format on its
4website, arranged by county and accessible to State and local
5political committees. The name of each person issued a grace
6period ballot shall also be placed on the appropriate precinct
7list of persons to whom vote by mail absentee and early ballots
8have been issued, for use as provided in Sections 17-9 and
918-5.
10    A person who casts a grace period ballot shall not be
11permitted to revoke that ballot and vote another ballot with
12respect to that primary or election. Ballots cast by persons
13who register or change address during the grace period at a
14location other than their designated polling place on election
15day must be transmitted to and counted at the election
16authority's central ballot counting location and shall not be
17transmitted to and counted at precinct polling places. The
18grace period ballots determined to be valid shall be added to
19the vote totals for the precincts for which they were cast in
20the order in which the ballots were opened.
21    In counties with a population of less than 100,000 that do
22not have electronic poll books, the election authority may opt
23out of registration in the polling place if the election
24authority establishes grace period registration and voting at
25other sites on election day at the following sites: (i) the
26election authority's main office and (ii) a polling place in

 

 

SB0172 Enrolled- 57 -LRB098 04408 HLH 34436 b

1each municipality where 20% or more of the county's residents
2reside if the election authority's main office is not located
3in that municipality. The election authority may establish
4other grace period registration and voting sites on election
5day provided that the election authority has met the notice
6requirements of Section 19A-25 for permanent and temporary
7early voting sites.
8(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
998-691, eff. 7-1-14.)
 
10    (10 ILCS 5/5-105)
11    Sec. 5-105. First time voting. A person must vote for the
12first time in person and not by a vote by mail mailed absentee
13ballot if the person registered to vote by mail, unless the
14person first provides the appropriate election authority with
15sufficient proof of identity and the election authority
16verifies the person's proof of identity. Sufficient proof of
17identity shall be demonstrated by submission of the person's
18driver's license number or State identification card number or,
19if the person does not have either of those, verification by
20the last 4 digits of the person's social security number, a
21copy of a current and valid photo identification, or a copy of
22a current utility bill, bank statement, paycheck, government
23check, or other federal, State, or local government document
24that shows the person's name and address. A person may also
25demonstrate sufficient proof of identity by submission of a

 

 

SB0172 Enrolled- 58 -LRB098 04408 HLH 34436 b

1photo identification issued by a college or university
2accompanied by either a copy of the applicant's contract or
3lease for a residence or any postmarked mail delivered to the
4applicant at his or her current residence address. Persons who
5apply to register to vote by mail but provide inadequate proof
6of identity to the election authority shall be notified by the
7election authority that the registration has not been fully
8completed and that the person remains ineligible to vote by
9mail or in person until such proof is presented.
10(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
11    (10 ILCS 5/6-29)  (from Ch. 46, par. 6-29)
12    Sec. 6-29. For the purpose of registering voters under this
13Article, the office of the Board of Election Commissioners
14shall be open during ordinary business hours of each week day,
15from 9 a.m. to 12 o'clock noon on the last four Saturdays
16immediately preceding the end of the period of registration
17preceding each election, and such other days and such other
18times as the board may direct. During the 27 days immediately
19preceding any election there shall be no registration of voters
20at the office of the Board of Election Commissioners in cities,
21villages and incorporated towns of fewer than 200,000
22inhabitants. In cities, villages and incorporated towns of
23200,000 or more inhabitants, there shall be no registration of
24voters at the office of the Board of Election Commissioners
25during the 35 days immediately preceding any election;

 

 

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1provided, however, where no precinct registration is being
2conducted prior to any election then registration may be taken
3in the office of the Board up to and including the 28th day
4prior to such election. The Board of Election Commissioners may
5set up and establish as many branch offices for the purpose of
6taking registrations as it may deem necessary, and the branch
7offices may be open on any or all dates and hours during which
8registrations may be taken in the main office. All officers and
9employees of the Board of Election Commissioners who are
10authorized by such board to take registrations under this
11Article shall be considered officers of the circuit court, and
12shall be subject to the same control as is provided by Section
1314-5 of this Act with respect to judges of election.
14    In any election called for the submission of the revision
15or alteration of, or the amendments to the Constitution,
16submitted by a Constitutional Convention, the final day for
17registration at the office of the election authority charged
18with the printing of the ballot of this election shall be the
1915th day prior to the date of election.
20    The Board of Election Commissioners shall appoint one or
21more registration teams, consisting of 2 of its employees for
22each team, for the purpose of accepting the registration of any
23voter who files an affidavit, within the period for taking
24registrations provided for in this Article, that he is
25physically unable to appear at the office of the Board or at
26any appointed place of registration. On the day or days when a

 

 

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1precinct registration is being conducted such teams shall
2consist of one member from each of the 2 leading political
3parties who are serving on the Precinct Registration Board.
4Each team so designated shall visit each disabled person and
5shall accept the registration of such person the same as if he
6had applied for registration in person.
7    Any otherwise qualified person who is absent from his
8county of residence due to business of the United States, or
9who is temporarily residing outside the territorial limits of
10the United States, may make application to become registered by
11mail to the Board of Election Commissioners within the periods
12for registration provided for in this Article or by
13simultaneous application for absentee registration by mail and
14vote by mail absentee ballot as provided in Article 20 of this
15Code.
16    Upon receipt of such application the Board of Election
17Commissioners shall immediately mail an affidavit of
18registration in duplicate, which affidavit shall contain the
19following and such other information as the State Board of
20Elections may think it proper to require for the identification
21of the applicant:
22    Name. The name of the applicant, giving surname and first
23or Christian name in full, and the middle name or the initial
24for such middle name, if any.
25    Sex.
26    Residence. The name and number of the street, avenue or

 

 

SB0172 Enrolled- 61 -LRB098 04408 HLH 34436 b

1other location of the dwelling, and such additional clear and
2definite description as may be necessary to determine the exact
3location of the dwelling of the applicant. Where the location
4cannot be determined by street and number, then the section,
5congressional township and range number may be used, or such
6other information as may be necessary, including post office
7mailing address.
8    Electronic mail address, if the registrant has provided
9this information.
10    Term of residence in the State of Illinois and the
11precinct.
12    Nativity. The state or country in which the applicant was
13born.
14    Citizenship. Whether the applicant is native born or
15naturalized. If naturalized, the court, place and date of
16naturalization.
17    Age. Date of birth, by month, day and year.
18    Out of State address of ..................
19    
AFFIDAVIT OF REGISTRATION
20State of .........)
21                  ) ss.
22County of ........)
23    I hereby swear (or affirm) that I am a citizen of the
24United States; that on the day of the next election I shall
25have resided in the State of Illinois and in the election
26precinct 30 days; that I am fully qualified to vote, that I am

 

 

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1not registered to vote anywhere else in the United States, that
2I intend to remain a resident of the State of Illinois, and of
3the election precinct, that I intend to return to the State of
4Illinois, and that the above statements are true.
5
..............................
6
(His or her signature or mark)
7    Subscribed and sworn to before me, an officer qualified to
8administer oaths, on (insert date).
9
........................................
10
Signature of officer administering oath.
11    Upon receipt of the executed duplicate affidavit of
12Registration, the Board of Election Commissioners shall
13transfer the information contained thereon to duplicate
14Registration Cards provided for in Section 6-35 of this Article
15and shall attach thereto a copy of each of the duplicate
16affidavit of registration and thereafter such registration
17card and affidavit shall constitute the registration of such
18person the same as if he had applied for registration in
19person.
20(Source: P.A. 98-115, eff. 10-1-13.)
 
21    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
22    Sec. 6-50.3. The board of election commissioners may
23establish temporary places of registration for such times and
24at such locations as the board may select. However, no
25temporary place of registration may be in operation during the

 

 

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127 days preceding an election. Notice of the time and place of
2registration at any such temporary place of registration under
3this Section shall be published by the board of election
4commissioners in a newspaper having a general circulation in
5the city, village or incorporated town not less than 3 nor more
6than 15 days before the holding of such registration.
7    Temporary places of registration shall be established so
8that the areas of concentration of population or use by the
9public are served, whether by facilities provided in places of
10private business or in public buildings or in mobile units.
11Areas which may be designated as temporary places of
12registration include, but are not limited to, facilities
13licensed or certified pursuant to the Nursing Home Care Act,
14the Specialized Mental Health Rehabilitation Act of 2013, or
15the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
16shopping centers, business districts, public buildings and
17county fairs.
18    Temporary places of registration shall be available to the
19public not less than 2 hours per year for each 1,000 population
20or fraction thereof in the county.
21    All temporary places of registration shall be manned by
22employees of the board of election commissioners or deputy
23registrars appointed pursuant to Section 6-50.2.
24(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
25eff. 7-13-12; 98-104, eff. 7-22-13.)
 

 

 

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1    (10 ILCS 5/6-100)
2    Sec. 6-100. Grace period. Notwithstanding any other
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for an a primary or election and until and
7including the 3rd day of the before the primary or election,
8except that during the 2014 general election the period shall
9extend until the polls close on election day. During this grace
10period, an unregistered qualified elector may register to vote,
11and a registered voter may submit a change of address form, in
12person in the office of the election authority, at a permanent
13polling place established under Section 19A-10, at any other
14early voting site beginning 15 days prior to the election, at a
15polling place on election day, or at a voter registration
16location specifically designated for this purpose by the
17election authority. During the 2014 general election, an
18unregistered qualified elector may register to vote, and a
19registered voter may submit a change of address form, in person
20at any permanent polling place for early voting established
21pursuant to Section 19A-10 through election day. The election
22authority shall register that individual, or change a
23registered voter's address, in the same manner as otherwise
24provided by this Article for registration and change of
25address.
26    If a voter who registers or changes address during this

 

 

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1grace period wishes to vote at the first election or primary
2occurring during after the grace period. The election authority
3shall offer in-person grace period voting at the authority's
4office, and any permanent polling place established under
5Section 19A-10, and at any other early voting site beginning 15
6days prior to the election, at a polling place on election day,
7where grace period registration is required by this Section;
8and may offer in-person grace period voting at additional hours
9and locations specifically designated for the purpose of grace
10period voting by the election authority. The election authority
11may allow grace period voting by mail only if the election
12authority has no ballots prepared at the authority's office.
13Grace period voting shall be in a manner substantially similar
14to voting under Article 19A 19.
15    Within one day after a voter casts a grace period ballot,
16or within one day after the ballot is received by the election
17authority if the election authority allows grace period voting
18by mail, the election authority shall transmit by electronic
19means pursuant to a process established by the State Board of
20Elections the voter's name, street address, e-mail address, and
21precinct, ward, township, and district numbers, as the case may
22be, to the State Board of Elections, which shall maintain those
23names and that information in an electronic format on its
24website, arranged by county and accessible to State and local
25political committees. The name of each person issued a grace
26period ballot shall also be placed on the appropriate precinct

 

 

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1list of persons to whom vote by mail absentee and early ballots
2have been issued, for use as provided in Sections 17-9 and
318-5.
4    A person who casts a grace period ballot shall not be
5permitted to revoke that ballot and vote another ballot with
6respect to that primary or election. Ballots cast by persons
7who register or change address during the grace period at a
8location other than their designated polling place on election
9day must be transmitted to and counted at the election
10authority's central ballot counting location and shall not be
11transmitted to and counted at precinct polling places. The
12grace period ballots determined to be valid shall be added to
13the vote totals for the precincts for which they were cast in
14the order in which the ballots were opened.
15    In counties with a population of less than 100,000 that do
16not have electronic poll books, the election authority may opt
17out of registration in the polling place if the election
18authority establishes grace period registration and voting at
19other sites on election day at the following sites: (i) the
20election authority's main office and (ii) a polling place in
21each municipality where 20% or more of the county's residents
22reside if the election authority's main office is not located
23in that municipality. The election authority may establish
24other grace period registration and voting sites on election
25day provided that the election authority has met the notice
26requirements of Section 19A-25 for permanent and temporary

 

 

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1early voting sites.
2(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
398-691, eff. 7-1-14.)
 
4    (10 ILCS 5/6-105)
5    Sec. 6-105. First time voting. A person must vote for the
6first time in person and not by a vote by mail mailed absentee
7ballot if the person registered to vote by mail, unless the
8person first provides the appropriate election authority with
9sufficient proof of identity and the election authority
10verifies the person's proof of identity. Sufficient proof of
11identity shall be demonstrated by submission of the person's
12driver's license number or State identification card number or,
13if the person does not have either of those, verification by
14the last 4 digits of the person's social security number, a
15copy of a current and valid photo identification, or a copy of
16a current utility bill, bank statement, paycheck, government
17check, or other federal, State, or local government document
18that shows the person's name and address. A person may also
19demonstrate sufficient proof of identity by submission of a
20photo identification issued by a college or university
21accompanied by either a copy of the applicant's contract or
22lease for a residence or any postmarked mail delivered to the
23applicant at his or her current residence address. Persons who
24apply to register to vote by mail but provide inadequate proof
25of identity to the election authority shall be notified by the

 

 

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1election authority that the registration has not been fully
2completed and that the person remains ineligible to vote by
3mail or in person until such proof is presented.
4(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
5    (10 ILCS 5/7-15)  (from Ch. 46, par. 7-15)
6    Sec. 7-15. At least 60 days prior to each general and
7consolidated primary, the election authority shall provide
8public notice, calculated to reach elderly and handicapped
9voters, of the availability of registration and voting aids
10under the Federal Voting Accessibility for the Elderly and
11Handicapped Act, of the availability of assistance in marking
12the ballot, procedures for voting by a vote by mail absentee
13ballot, and procedures for early voting by personal appearance.
14At least 20 days before the general primary the county clerk of
15each county, and not more than 30 nor less than 10 days before
16the consolidated primary the election authority, shall prepare
17in the manner provided in this Act, a notice of such primary
18which notice shall state the time and place of holding the
19primary, the hours during which the polls will be open, the
20offices for which candidates will be nominated at such primary
21and the political parties entitled to participate therein,
22notwithstanding that no candidate of any such political party
23may be entitled to have his name printed on the primary ballot.
24Such notice shall also include the list of addresses of
25precinct polling places for the consolidated primary unless

 

 

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1such list is separately published by the election authority not
2less than 10 days before the consolidated primary.
3    In counties, municipalities, or towns having fewer than
4500,000 inhabitants notice of the general primary shall be
5published once in two or more newspapers published in the
6county, municipality or town, as the case may be, or if there
7is no such newspaper, then in any two or more newspapers
8published in the county and having a general circulation
9throughout the community.
10    In counties, municipalities, or towns having 500,000 or
11more inhabitants notice of the general primary shall be
12published at least 15 days prior to the primary by the same
13authorities and in the same manner as notice of election for
14general elections are required to be published in counties,
15municipalities or towns of 500,000 or more inhabitants under
16this Act.
17    Notice of the consolidated primary shall be published once
18in one or more newspapers published in each political
19subdivision having such primary, and if there is no such
20newspaper, then published once in a local, community newspaper
21having general circulation in the subdivision, and also once in
22a newspaper published in the county wherein the political
23subdivisions, or portions thereof, having such primary are
24situated.
25(Source: P.A. 94-645, eff. 8-22-05.)
 

 

 

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1    (10 ILCS 5/7-34)  (from Ch. 46, par. 7-34)
2    Sec. 7-34. Pollwatchers in a primary election shall be
3authorized in the following manner:
4    (1) Each established political party shall be entitled to
5appoint one pollwatcher per precinct. Such pollwatchers must be
6affiliated with the political party for which they are
7pollwatching and must be a registered voter in Illinois.
8    (2) Each candidate shall be entitled to appoint two
9pollwatchers per precinct. For Federal, State, county,
10township, and municipal primary elections, the pollwatchers
11must be registered to vote in Illinois.
12    (3) Each organization of citizens within the county or
13political subdivision, which has among its purposes or
14interests the investigation or prosecution of election frauds,
15and which shall have registered its name and address and the
16names and addresses of its principal officers with the proper
17election authority at least 40 days before the primary
18election, shall be entitled to appoint one pollwatcher per
19precinct. For all primary elections, the pollwatcher must be
20registered to vote in Illinois.
21    (3.5) Each State nonpartisan civic organization within the
22county or political subdivision shall be entitled to appoint
23one pollwatcher per precinct, provided that no more than 2
24pollwatchers appointed by State nonpartisan civic
25organizations shall be present in a precinct polling place at
26the same time. Each organization shall have registered the

 

 

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1names and addresses of its principal officers with the proper
2election authority at least 40 days before the primary
3election. The pollwatchers must be registered to vote in
4Illinois. For the purpose of this paragraph, a "State
5nonpartisan civic organization" means any corporation,
6unincorporated association, or organization that:
7        (i) as part of its written articles of incorporation,
8    bylaws, or charter or by separate written declaration, has
9    among its stated purposes the provision of voter
10    information and education, the protection of individual
11    voters' rights, and the promotion of free and equal
12    elections;
13        (ii) is organized or primarily conducts its activities
14    within the State of Illinois; and
15        (iii) continuously maintains an office or business
16    location within the State of Illinois, together with a
17    current listed telephone number (a post office box number
18    without a current listed telephone number is not
19    sufficient).
20    (4) Each organized group of proponents or opponents of a
21ballot proposition, which shall have registered the name and
22address of its organization or committee and the name and
23address of its chairman with the proper election authority at
24least 40 days before the primary election, shall be entitled to
25appoint one pollwatcher per precinct. The pollwatcher must be
26registered to vote in Illinois.

 

 

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1    (5) In any primary election held to nominate candidates for
2the offices of a municipality of less than 3,000,000 population
3that is situated in 2 or more counties, a pollwatcher who is a
4resident of a county in which any part of the municipality is
5situated shall be eligible to serve as a pollwatcher in any
6polling place located within such municipality, provided that
7such pollwatcher otherwise complies with the respective
8requirements of subsections (1) through (4) of this Section and
9is a registered voter whose residence is within Illinois.
10    All pollwatchers shall be required to have proper
11credentials. Such credentials shall be printed in sufficient
12quantities, shall be issued by and under the facsimile
13signature(s) of the election authority and shall be available
14for distribution at least 2 weeks prior to the election. Such
15credentials shall be authorized by the real or facsimile
16signature of the State or local party official or the candidate
17or the presiding officer of the civic organization or the
18chairman of the proponent or opponent group, as the case may
19be.
20    Pollwatcher credentials shall be in substantially the
21following form:
 
22
POLLWATCHER CREDENTIALS
23TO THE JUDGES OF ELECTION:
24    In accordance with the provisions of the Election Code, the
25undersigned hereby appoints ........... (name of pollwatcher)

 

 

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1at .......... (address) in the county of ...........,
2.......... (township or municipality) of ........... (name),
3State of Illinois and who is duly registered to vote from this
4address, to act as a pollwatcher in the ........... precinct of
5the .......... ward (if applicable) of the ...........
6(township or municipality) of ........... at the ...........
7election to be held on (insert date).
8........................  (Signature of Appointing Authority)
9........................  TITLE  (party official,  candidate,
10                                civic organization president,
11                        proponent or opponent group chairman)
12    Under penalties provided by law pursuant to Section 29-10
13of the Election Code, the undersigned pollwatcher certifies
14that he or she resides at .............. (address) in the
15county of ........., ......... (township or municipality) of
16.......... (name), State of Illinois, and is duly registered to
17vote in Illinois.
18...........................        ..........................
19(Precinct and/or Ward in           (Signature of Pollwatcher)
20Which Pollwatcher Resides)
 
21    Pollwatchers must present their credentials to the Judges
22of Election upon entering the polling place. Pollwatcher
23credentials properly executed and signed shall be proof of the
24qualifications of the pollwatcher authorized thereby. Such
25credentials are retained by the Judges and returned to the

 

 

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1Election Authority at the end of the day of election with the
2other election materials. Once a pollwatcher has surrendered a
3valid credential, he may leave and reenter the polling place
4provided that such continuing action does not disrupt the
5conduct of the election. Pollwatchers may be substituted during
6the course of the day, but established political parties,
7candidates, qualified civic organizations and proponents and
8opponents of a ballot proposition can have only as many
9pollwatchers at any given time as are authorized in this
10Article. A substitute must present his signed credential to the
11judges of election upon entering the polling place. Election
12authorities must provide a sufficient number of credentials to
13allow for substitution of pollwatchers. After the polls have
14closed, pollwatchers shall be allowed to remain until the
15canvass of votes is completed; but may leave and reenter only
16in cases of necessity, provided that such action is not so
17continuous as to disrupt the canvass of votes.
18    Candidates seeking office in a district or municipality
19encompassing 2 or more counties shall be admitted to any and
20all polling places throughout such district or municipality
21without regard to the counties in which such candidates are
22registered to vote. Actions of such candidates shall be
23governed in each polling place by the same privileges and
24limitations that apply to pollwatchers as provided in this
25Section. Any such candidate who engages in an activity in a
26polling place which could reasonably be construed by a majority

 

 

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1of the judges of election as campaign activity shall be removed
2forthwith from such polling place.
3    Candidates seeking office in a district or municipality
4encompassing 2 or more counties who desire to be admitted to
5polling places on election day in such district or municipality
6shall be required to have proper credentials. Such credentials
7shall be printed in sufficient quantities, shall be issued by
8and under the facsimile signature of the election authority of
9the election jurisdiction where the polling place in which the
10candidate seeks admittance is located, and shall be available
11for distribution at least 2 weeks prior to the election. Such
12credentials shall be signed by the candidate.
13    Candidate credentials shall be in substantially the
14following form:
 
15
CANDIDATE CREDENTIALS
16    TO THE JUDGES OF ELECTION:
17    In accordance with the provisions of the Election Code, I
18...... (name of candidate) hereby certify that I am a candidate
19for ....... (name of office) and seek admittance to .......
20precinct of the ....... ward (if applicable) of the .......
21(township or municipality) of ....... at the ....... election
22to be held on (insert date).
23.........................             .......................
24(Signature of Candidate)              OFFICE FOR WHICH
25                                      CANDIDATE SEEKS

 

 

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1                                      NOMINATION OR
2                                      ELECTION
 
3    Pollwatchers shall be permitted to observe all proceedings
4and view all reasonably requested records relating to the
5conduct of the election, provided the secrecy of the ballot is
6not impinged, and to station themselves in a position in the
7voting room as will enable them to observe the judges making
8the signature comparison between the voter application and the
9voter registration record card; provided, however, that such
10pollwatchers shall not be permitted to station themselves in
11such close proximity to the judges of election so as to
12interfere with the orderly conduct of the election and shall
13not, in any event, be permitted to handle election materials.
14Pollwatchers may challenge for cause the voting qualifications
15of a person offering to vote and may call to the attention of
16the judges of election any incorrect procedure or apparent
17violations of this Code.
18    If a majority of the judges of election determine that the
19polling place has become too overcrowded with pollwatchers so
20as to interfere with the orderly conduct of the election, the
21judges shall, by lot, limit such pollwatchers to a reasonable
22number, except that each candidate and each established or new
23political party shall be permitted to have at least one
24pollwatcher present.
25    Representatives of an election authority, with regard to an

 

 

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1election under its jurisdiction, the State Board of Elections,
2and law enforcement agencies, including but not limited to a
3United States Attorney, a State's attorney, the Attorney
4General, and a State, county, or local police department, in
5the performance of their official election duties, shall be
6permitted at all times to enter and remain in the polling
7place. Upon entering the polling place, such representatives
8shall display their official credentials or other
9identification to the judges of election.
10    Uniformed police officers assigned to polling place duty
11shall follow all lawful instructions of the judges of election.
12    The provisions of this Section shall also apply to
13supervised casting of vote by mail absentee ballots as provided
14in Section 19-12.2 of this Act.
15(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
 
16    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
17    Sec. 10-7. Any person whose name has been presented as a
18candidate, including nonpartisan and independent candidates,
19may cause his name to be withdrawn from any such nomination by
20his request in writing, signed by him and duly acknowledged
21before an officer qualified to take acknowledgment of deeds,
22and presented to the principal office or permanent branch
23office of the Board, the election authority, or the local
24election official, as the case may be, not later than the date
25for certification of candidates for the ballot. No name so

 

 

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1withdrawn shall be printed upon the ballots under the party
2appellation or title from which the candidate has withdrawn his
3name. If such a request for withdrawal is received after the
4date for certification of the candidates for the ballot, then
5the votes cast for the withdrawn candidate are invalid and
6shall not be reported by the election authority. If the name of
7the same person has been presented as a candidate for 2 or more
8offices which are incompatible so that the same person could
9not serve in more than one of such offices if elected, that
10person must withdraw as a candidate for all but one of such
11offices within the 5 business days following the last day for
12petition filing. If he fails to withdraw as a candidate for all
13but one of such offices within such time, his name shall not be
14certified, nor printed on the ballot, for any office. However,
15nothing in this section shall be construed as precluding a
16judge who is seeking retention in office from also being a
17candidate for another judicial office. Except as otherwise
18herein provided, in case the certificate of nomination or
19petition as provided for in this Article shall contain or
20exhibit the name of any candidate for any office upon more than
21one of said certificates or petitions (for the same office),
22then and in that case the Board or election authority or local
23election official, as the case may be, shall immediately notify
24said candidate of said fact and that his name appears
25unlawfully upon more than one of said certificates or petitions
26and that within 3 days from the receipt of said notification,

 

 

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1said candidate must elect as to which of said political party
2appellations or groups he desires his name to appear and remain
3under upon said ballot, and if said candidate refuses, fails or
4neglects to make such election, then and in that case the Board
5or election authority or local election official, as the case
6may be, shall permit the name of said candidate to appear or be
7printed or placed upon said ballot only under the political
8party appellation or group appearing on the certificate of
9nomination or petition, as the case may be, first filed, and
10shall strike or cause to be stricken the name of said candidate
11from all certificates of nomination and petitions filed after
12the first such certificate of nomination or petition.
13    Whenever the name of a candidate for an office is withdrawn
14from a new political party petition, it shall constitute a
15vacancy in nomination for that office which may be filled in
16accordance with Section 10-11 of this Article; provided, that
17if the names of all candidates for all offices on a new
18political party petition are withdrawn or such petition is
19declared invalid by an electoral board or upon judicial review,
20no vacancies in nomination for those offices shall exist and
21the filing of any notice or resolution purporting to fill
22vacancies in nomination shall have no legal effect.
23    Whenever the name of an independent candidate for an office
24is withdrawn or an independent candidate's petition is declared
25invalid by an electoral board or upon judicial review, no
26vacancy in nomination for that office shall exist and the

 

 

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1filing of any notice or resolution purporting to fill a vacancy
2in nomination shall have no legal effect.
3    All certificates of nomination and nomination papers when
4presented or filed shall be open, under proper regulation, to
5public inspection, and the State Board of Elections and the
6several election authorities and local election officials
7having charge of nomination papers shall preserve the same in
8their respective offices not less than 6 months.
9(Source: P.A. 98-115, eff. 7-29-13.)
 
10    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
11    Sec. 10-9. The following electoral boards are designated
12for the purpose of hearing and passing upon the objector's
13petition described in Section 10-8.
14        1. The State Board of Elections will hear and pass upon
15    objections to the nominations of candidates for State
16    offices, nominations of candidates for congressional or ,
17    legislative offices that are in more than one county or are
18    wholly located within a single county with a population of
19    less than 3,000,000 and judicial offices of districts,
20    subcircuits, or circuits situated in more than one county,
21    nominations of candidates for the offices of State's
22    attorney or regional superintendent of schools to be
23    elected from more than one county, and petitions for
24    proposed amendments to the Constitution of the State of
25    Illinois as provided for in Section 3 of Article XIV of the

 

 

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1    Constitution.
2        2. The county officers electoral board of a county with
3    a population of less than 3,000,000 to hear and pass upon
4    objections to the nominations of candidates for county
5    offices, for congressional, legislative and judicial
6    offices of a district, subcircuit, or circuit coterminous
7    with or less than a county, for any school district
8    offices, for the office of multi-township assessor where
9    candidates for such office are nominated in accordance with
10    this Code, and for all special district offices, shall be
11    composed of the county clerk, or an assistant designated by
12    the county clerk, the State's attorney of the county or an
13    Assistant State's Attorney designated by the State's
14    Attorney, and the clerk of the circuit court, or an
15    assistant designated by the clerk of the circuit court, of
16    the county, of whom the county clerk or his designee shall
17    be the chairman, except that in any county which has
18    established a county board of election commissioners that
19    board shall constitute the county officers electoral board
20    ex-officio. If a school district is located in 2 or more
21    counties, the county officers electoral board of the county
22    in which the principal office of the school district is
23    located shall hear and pass upon objections to nominations
24    of candidates for school district office in that school
25    district.
26        2.5. The county officers electoral board of a county

 

 

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1    with a population of 3,000,000 or more to hear and pass
2    upon objections to the nominations of candidates for county
3    offices, candidates for congressional and legislative
4    offices if the district is wholly within a county with a
5    population of 3,000,000 or more, unless the district is
6    wholly or partially within the jurisdiction of a municipal
7    board of election commissioners, and judicial offices of a
8    district, subcircuit, or circuit coterminous with or less
9    than a county, for any school district offices, for the
10    office of multi-township assessor where candidates for
11    such office are nominated in accordance with this Code, and
12    for all special district offices, shall be composed of the
13    county clerk, or an assistant designated by the county
14    clerk, the State's Attorney of the county or an Assistant
15    State's Attorney designated by the State's Attorney, and
16    the clerk of the circuit court, or an assistant designated
17    by the clerk of the circuit court, of the county, of whom
18    the county clerk or his designee shall be the chairman,
19    except that, in any county which has established a county
20    board of election commissioners, that board shall
21    constitute the county officers electoral board ex-officio.
22    If a school district is located in 2 or more counties, the
23    county officers electoral board of the county in which the
24    principal office of the school district is located shall
25    hear and pass upon objections to nominations of candidates
26    for school district office in that school district.

 

 

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1        3. The municipal officers electoral board to hear and
2    pass upon objections to the nominations of candidates for
3    officers of municipalities shall be composed of the mayor
4    or president of the board of trustees of the city, village
5    or incorporated town, and the city, village or incorporated
6    town clerk, and one member of the city council or board of
7    trustees, that member being designated who is eligible to
8    serve on the electoral board and has served the greatest
9    number of years as a member of the city council or board of
10    trustees, of whom the mayor or president of the board of
11    trustees shall be the chairman.
12        4. The township officers electoral board to pass upon
13    objections to the nominations of township officers shall be
14    composed of the township supervisor, the town clerk, and
15    that eligible town trustee elected in the township who has
16    had the longest term of continuous service as town trustee,
17    of whom the township supervisor shall be the chairman.
18        5. The education officers electoral board to hear and
19    pass upon objections to the nominations of candidates for
20    offices in community college districts shall be composed of
21    the presiding officer of the community college district
22    board, who shall be the chairman, the secretary of the
23    community college district board and the eligible elected
24    community college board member who has the longest term of
25    continuous service as a board member.
26        6. In all cases, however, where the Congressional,

 

 

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1    Legislative, or Representative district is wholly or
2    partially within the jurisdiction of a single municipal
3    board of election commissioners in Cook County and in all
4    cases where the school district or special district is
5    wholly within the jurisdiction of a municipal board of
6    election commissioners and in all cases where the
7    municipality or township is wholly or partially within the
8    jurisdiction of a municipal board of election
9    commissioners, the board of election commissioners shall
10    ex-officio constitute the electoral board.
11    For special districts situated in more than one county, the
12county officers electoral board of the county in which the
13principal office of the district is located has jurisdiction to
14hear and pass upon objections. For purposes of this Section,
15"special districts" means all political subdivisions other
16than counties, municipalities, townships and school and
17community college districts.
18    In the event that any member of the appropriate board is a
19candidate for the office with relation to which the objector's
20petition is filed, he shall not be eligible to serve on that
21board and shall not act as a member of the board and his place
22shall be filled as follows:
23        a. In the county officers electoral board by the county
24    treasurer, and if he or she is ineligible to serve, by the
25    sheriff of the county.
26        b. In the municipal officers electoral board by the

 

 

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1    eligible elected city council or board of trustees member
2    who has served the second greatest number of years as a
3    city council or board of trustees member.
4        c. In the township officers electoral board by the
5    eligible elected town trustee who has had the second
6    longest term of continuous service as a town trustee.
7        d. In the education officers electoral board by the
8    eligible elected community college district board member
9    who has had the second longest term of continuous service
10    as a board member.
11    In the event that the chairman of the electoral board is
12ineligible to act because of the fact that he or she is a
13candidate for the office with relation to which the objector's
14petition is filed, then the substitute chosen under the
15provisions of this Section shall be the chairman; In this case,
16the officer or board with whom the objector's petition is
17filed, shall transmit the certificate of nomination or
18nomination papers as the case may be, and the objector's
19petition to the substitute chairman of the electoral board.
20    When 2 or more eligible individuals, by reason of their
21terms of service on a city council or board of trustees,
22township board of trustees, or community college district
23board, qualify to serve on an electoral board, the one to serve
24shall be chosen by lot.
25    Any vacancies on an electoral board not otherwise filled
26pursuant to this Section shall be filled by public members

 

 

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1appointed by the Chief Judge of the Circuit Court for the
2county wherein the electoral board hearing is being held upon
3notification to the Chief Judge of such vacancies. The Chief
4Judge shall be so notified by a member of the electoral board
5or the officer or board with whom the objector's petition was
6filed. In the event that none of the individuals designated by
7this Section to serve on the electoral board are eligible, the
8chairman of an electoral board shall be designated by the Chief
9Judge.
10(Source: P.A. 98-115, eff. 7-29-13.)
 
11    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
12    Sec. 11-4.1. (a) In appointing polling places under this
13Article, the county board or board of election commissioners
14shall, insofar as they are convenient and available, use
15schools and other public buildings as polling places.
16    (b) Upon request of the county board or board of election
17commissioners, the proper agency of government (including
18school districts and units of local government) shall make a
19public building under its control available for use as a
20polling place on an election day and for a reasonably necessary
21time before and after election day, without charge. If the
22county board or board of election commissioners chooses a
23school to be a polling place, then the school district must
24make the school available for use as a polling place. However,
25for the day of the election, a school district is encouraged to

 

 

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1(i) close the school or (ii) hold a teachers institute on that
2day with students not in attendance.
3    (c) A government agency which makes a public building under
4its control available for use as a polling place shall (i)
5ensure the portion of the building to be used as the polling
6place is accessible to handicapped and elderly voters and (ii)
7allow the election authority to administer the election as
8authorized under this Code.
9    (d) If a qualified elector's precinct polling place is a
10school and the elector will be unable to enter that polling
11place without violating Section 11-9.3 of the Criminal Code of
122012 because the elector is a child sex offender as defined in
13Section 11-9.3 of the Criminal Code of 2012, that elector may
14vote by a vote by mail absentee ballot in accordance with
15Article 19 of this Code or may vote early in accordance with
16Article 19A of this Code.
17(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
 
18    (10 ILCS 5/11-7)  (from Ch. 46, par. 11-7)
19    Sec. 11-7. For the purpose of the conduct of any
20consolidated election, consolidated primary election, special
21municipal primary election or emergency referendum, an
22election authority may cluster up to four contiguous precincts
23as provided in this Section, which shall constitute a clustered
24voting zone. The common polling place for the clustered voting
25zone shall be located within the territory comprising the

 

 

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1clustered precincts. Unless the election authority specifies a
2larger number, only one election judge shall be appointed for
3each of the precincts in each clustered voting zone.
4    The judges so appointed may not all be affiliated with the
5same political party.
6    The conduct of an election in a clustered voting zone shall
7be under the general supervision of all the judges of election
8designated to serve in the clustered voting zone. The
9designated judges may perform the duties of election judges for
10the entire clustered voting zone. However, the requirements of
11Section 17-14 shall apply to voter assistance, the requirements
12of Section 24-10 shall apply to voter instruction, the
13requirement of Section 24A-10 shall apply to examination of
14vote by mail absentee ballots, and any disputes as to
15entitlement to vote, challenges, counting of ballots or other
16matters pertaining directly to voting shall be decided by those
17designated judges appointed for the precinct in which the
18affected voter resides or the disputed vote is to be counted.
19    This Section does not apply to any elections in
20municipalities with more than 1,000,000 inhabitants.
21(Source: P.A. 90-358, eff. 1-1-98.)
 
22    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
23    Sec. 12-1. At least 60 days prior to each general and
24consolidated election, the election authority shall provide
25public notice, calculated to reach elderly and handicapped

 

 

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1voters, of the availability of registration and voting aids
2under the Federal Voting Accessibility for the Elderly and
3Handicapped Act, of the availability of assistance in marking
4the ballot, procedures for voting by vote by mail absentee
5ballot, and procedures for voting early by personal appearance.
6    At least 30 days before any general election, and at least
720 days before any special congressional election, the county
8clerk shall publish a notice of the election in 2 or more
9newspapers published in the county, city, village,
10incorporated town or town, as the case may be, or if there is
11no such newspaper, then in any 2 or more newspapers published
12in the county and having a general circulation throughout the
13community. The notice may be substantially as follows:
14    Notice is hereby given that on (give date), at (give the
15place of holding the election and the name of the precinct or
16district) in the county of (name county), an election will be
17held for (give the title of the several offices to be filled),
18which election will be open at 6:00 a.m. and continued open
19until 7:00 p.m. of that day.
20    Dated at .... on (insert date).
21(Source: P.A. 94-645, eff. 8-22-05.)
 
22    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
23    Sec. 13-1. In counties not under township organization, the
24county board of commissioners shall at its meeting in July in
25each even-numbered year appoint in each election precinct 5

 

 

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1capable and discreet persons meeting the qualifications of
2Section 13-4 to be judges of election. Where neither voting
3machines nor electronic, mechanical or electric voting systems
4are used, the county board may, for any precinct with respect
5to which the board considers such action necessary or desirable
6in view of the number of voters, and shall for general
7elections for any precinct containing more than 600 registered
8voters, appoint in addition to the 5 judges of election a team
9of 5 tally judges. In such precincts the judges of election
10shall preside over the election during the hours the polls are
11open, and the tally judges, with the assistance of the holdover
12judges designated pursuant to Section 13-6.2, shall count the
13vote after the closing of the polls. However, the County Board
14of Commissioners may appoint 3 judges of election to serve in
15lieu of the 5 judges of election otherwise required by this
16Section to serve in any emergency referendum, or in any
17odd-year regular election or in any special primary or special
18election called for the purpose of filling a vacancy in the
19office of representative in the United States Congress or to
20nominate candidates for such purpose. The tally judges shall
21possess the same qualifications and shall be appointed in the
22same manner and with the same division between political
23parties as is provided for judges of election.
24    In addition to such precinct judges, the county board of
25commissioners shall appoint special panels of 3 judges each,
26who shall possess the same qualifications and shall be

 

 

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1appointed in the same manner and with the same division between
2political parties as is provided for other judges of election.
3The number of such panels of judges required shall be
4determined by regulations of the State Board of Elections which
5shall base the required numbers of special panels on the number
6of registered voters in the jurisdiction or the number of vote
7by mail absentee ballots voted at recent elections, or any
8combination of such factors.
9    Such appointment shall be confirmed by the court as
10provided in Section 13-3 of this Article. No more than 3
11persons of the same political party shall be appointed judges
12of the same election precinct or election judge panel. The
13appointment shall be made in the following manner: The county
14board of commissioners shall select and approve 3 persons as
15judges of election in each election precinct from a certified
16list, furnished by the chairman of the County Central Committee
17of the first leading political party in such precinct; and the
18county board of commissioners shall also select and approve 2
19persons as judges of election in each election precinct from a
20certified list, furnished by the chairman of the County Central
21Committee of the second leading political party. However, if
22only 3 judges of election serve in each election precinct, no
23more than 2 persons of the same political party shall be judges
24of election in the same election precinct; and which political
25party is entitled to 2 judges of election and which political
26party is entitled to one judge of election shall be determined

 

 

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1in the same manner as set forth in the next two preceding
2sentences with regard to 5 election judges in each precinct.
3Such certified list shall be filed with the county clerk not
4less than 10 days before the annual meeting of the county board
5of commissioners. Such list shall be arranged according to
6precincts. The chairman of each county central committee shall,
7insofar as possible, list persons who reside within the
8precinct in which they are to serve as judges. However, he may,
9in his sole discretion, submit the names of persons who reside
10outside the precinct but within the county embracing the
11precinct in which they are to serve. He must, however, submit
12the names of at least 2 residents of the precinct for each
13precinct in which his party is to have 3 judges and must submit
14the name of at least one resident of the precinct for each
15precinct in which his party is to have 2 judges. The county
16board of commissioners shall acknowledge in writing to each
17county chairman the names of all persons submitted on such
18certified list and the total number of persons listed thereon.
19If no such list is filed or such list is incomplete (that is,
20no names or an insufficient number of names are furnished for
21certain election precincts), the county board of commissioners
22shall make or complete such list from the names contained in
23the supplemental list provided for in Section 13-1.1. The
24election judges shall hold their office for 2 years from their
25appointment, and until their successors are duly appointed in
26the manner provided in this Act. The county board of

 

 

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1commissioners shall fill all vacancies in the office of judge
2of election at any time in the manner provided in this Act.
3(Source: P.A. 94-1000, eff. 7-3-06.)
 
4    (10 ILCS 5/13-1.1)  (from Ch. 46, par. 13-1.1)
5    Sec. 13-1.1. In addition to the list provided for in
6Section 13-1 or 13-2, the chairman of the county central
7committee, or each township committeeperson in a county with a
8population of more than 3,000,000, of each of the two leading
9political parties shall submit to the county board a
10supplemental list, arranged according to precincts in which
11they are to serve, of persons available as judges of election,
12the names and number of all persons listed thereon to be
13acknowledged in writing to the county chairman or township
14committeeperson, as the case may be, submitting such list by
15the county board. Vacancies among the judges of election shall
16be filled by selection from this supplemental list of persons
17qualified under Section 13-4. If the list provided for in
18Section 13-1 or 13-2 for any precinct is exhausted, then
19selection shall be made from the supplemental list submitted by
20the chairman of the county central committee, or each township
21committeeperson in a county with a population of more than
223,000,000, of the party. If such supplemental list is exhausted
23for any precinct, then selection shall be made from any of the
24persons on the supplemental list without regard to the
25precincts in which they are listed to serve. No selection or

 

 

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1appointment from the supplemental list shall be made more than
221 days prior to the date of precinct registration for those
3judges needed as precinct registrars, and more than 60 45 days
4prior to the date of an election for those additional persons
5needed as election judges. In any case where selection cannot
6be made from the supplemental list without violating Section
713-4, selection shall be made from outside the supplemental
8list of some person qualified under Section 13-4.
9(Source: P.A. 93-574, eff. 8-21-03.)
 
10    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
11    Sec. 13-2. In counties under the township organization the
12county board shall at its meeting in July in each even-numbered
13year except in counties containing a population of 3,000,000
14inhabitants or over and except when such judges are appointed
15by election commissioners, select in each election precinct in
16the county, 5 capable and discreet persons to be judges of
17election who shall possess the qualifications required by this
18Act for such judges. Where neither voting machines nor
19electronic, mechanical or electric voting systems are used, the
20county board may, for any precinct with respect to which the
21board considers such action necessary or desirable in view of
22the number of voters, and shall for general elections for any
23precinct containing more than 600 registered voters, appoint in
24addition to the 5 judges of election a team of 5 tally judges.
25In such precincts the judges of election shall preside over the

 

 

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1election during the hours the polls are open, and the tally
2judges, with the assistance of the holdover judges designated
3pursuant to Section 13-6.2, shall count the vote after the
4closing of the polls. The tally judges shall possess the same
5qualifications and shall be appointed in the same manner and
6with the same division between political parties as is provided
7for judges of election.
8    However, the county board may appoint 3 judges of election
9to serve in lieu of the 5 judges of election otherwise required
10by this Section to serve in any emergency referendum, or in any
11odd-year regular election or in any special primary or special
12election called for the purpose of filling a vacancy in the
13office of representative in the United States Congress or to
14nominate candidates for such purpose.
15    In addition to such precinct judges, the county board shall
16appoint special panels of 3 judges each, who shall possess the
17same qualifications and shall be appointed in the same manner
18and with the same division between political parties as is
19provided for other judges of election. The number of such
20panels of judges required shall be determined by regulations of
21the State Board of Elections, which shall base the required
22number of special panels on the number of registered voters in
23the jurisdiction or the number of absentee ballots voted at
24recent elections or any combination of such factors.
25    No more than 3 persons of the same political party shall be
26appointed judges in the same election district or undivided

 

 

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1precinct. The election of the judges of election in the various
2election precincts shall be made in the following manner: The
3county board shall select and approve 3 of the election judges
4in each precinct from a certified list furnished by the
5chairman of the County Central Committee of the first leading
6political party in such election precinct and shall also select
7and approve 2 judges of election in each election precinct from
8a certified list furnished by the chairman of the County
9Central Committee of the second leading political party in such
10election precinct. However, if only 3 judges of election serve
11in each election precinct, no more than 2 persons of the same
12political party shall be judges of election in the same
13election precinct; and which political party is entitled to 2
14judges of election and which political party is entitled to one
15judge of election shall be determined in the same manner as set
16forth in the next two preceding sentences with regard to 5
17election judges in each precinct. The respective County Central
18Committee chairman shall notify the county board by June 1 of
19each odd-numbered year immediately preceding the annual
20meeting of the county board whether or not such certified list
21will be filed by such chairman. Such list shall be arranged
22according to precincts. The chairman of each county central
23committee shall, insofar as possible, list persons who reside
24within the precinct in which they are to serve as judges.
25However, he may, in his sole discretion, submit the names of
26persons who reside outside the precinct but within the county

 

 

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1embracing the precinct in which they are to serve. He must,
2however, submit the names of at least 2 residents of the
3precinct for each precinct in which his party is to have 3
4judges and must submit the name of at least one resident of the
5precinct for each precinct in which his party is to have 2
6judges. Such certified list, if filed, shall be filed with the
7county clerk not less than 20 days before the annual meeting of
8the county board. The county board shall acknowledge in writing
9to each county chairman the names of all persons submitted on
10such certified list and the total number of persons listed
11thereon. If no such list is filed or the list is incomplete
12(that is, no names or an insufficient number of names are
13furnished for certain election precincts), the county board
14shall make or complete such list from the names contained in
15the supplemental list provided for in Section 13-1.1. Provided,
16further, that in any case where a township has been or shall be
17redistricted, in whole or in part, subsequent to one general
18election for Governor, and prior to the next, the judges of
19election to be selected for all new or altered precincts shall
20be selected in that one of the methods above detailed, which
21shall be applicable according to the facts and circumstances of
22the particular case, but the majority of such judges for each
23such precinct shall be selected from the first leading
24political party, and the minority judges from the second
25leading political party. Provided, further, that in counties
26having a population of 3,000,000 1,000,000 inhabitants or over

 

 

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1the selection of judges of election shall be made in the same
2manner in all respects as in other counties, except that the
3provisions relating to tally judges are inapplicable to such
4counties and except that the county board shall meet during the
5month of January for the purpose of making such selection, each
6township committeeperson shall assume the responsibilities
7given to the chairman of the county central committee in this
8Section for the precincts within his or her township, and the
9township committeeperson chairman of each county central
10committee shall notify the county board by the preceding
11October 1 whether or not the certified list will be filed. Such
12judges of election shall hold their office for 2 years from
13their appointment and until their successors are duly appointed
14in the manner provided in this Act. The county board shall fill
15all vacancies in the office of judges of elections at any time
16in the manner herein provided.
17    Such selections under this Section shall be confirmed by
18the circuit court as provided in Section 13-3 of this Article.
19(Source: P.A. 94-1000, eff. 7-3-06.)
 
20    (10 ILCS 5/13-10)  (from Ch. 46, par. 13-10)
21    Sec. 13-10. The compensation of the judges of all primaries
22and all elections, except judges supervising vote by mail
23absentee ballots as provided in Section 19-12.2 of this Act, in
24counties of less than 600,000 inhabitants shall be fixed by the
25respective county boards or boards of election commissioners in

 

 

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1all counties and municipalities, but in no case shall such
2compensation be less than $35 per day. The compensation of
3judges of all primaries and all elections not under the
4jurisdiction of the county clerk, except judges supervising
5vote by mail absentee balloting as provided in Section 19-12.2
6of this Act, in counties having a population of 2,000,000 or
7more shall be not less than $60 per day. The compensation of
8judges of all primaries and all elections under the
9jurisdiction of the county clerk, except judges supervising
10vote by mail absentee balloting as provided in Section 19-12.2
11of this Act, in counties having a population of 2,000,000 or
12more shall be not less than $60 per day. The compensation of
13judges of all primaries and all elections, except judges
14supervising vote by mail absentee ballots as provided in
15Section 19-12.2 of this Act, in counties having a population of
16at least 600,000 but less than 2,000,000 inhabitants shall be
17not less than $45 per day as fixed by the county board of
18election commissioners of each such county. In addition to
19their per day compensation and notwithstanding the limitations
20thereon stated herein, the judges of election, in all counties
21with a population of less than 600,000, shall be paid $3 each
22for each 100 voters or portion thereof, in excess of 200 voters
23voting for candidates in the election district or precinct
24wherein the judge is serving, whether a primary or an election
25is being held. However, no such extra compensation shall be
26paid to the judges of election in any precinct in which no

 

 

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1paper ballots are counted by such judges of election. The 2
2judges of election in counties having a population of less than
3600,000 who deliver the returns to the county clerk shall each
4be allowed and paid a sum to be determined by the election
5authority for such services and an additional sum per mile to
6be determined by the election authority for every mile
7necessarily travelled in going to and returning from the office
8or place to which they deliver the returns. The compensation
9for mileage shall be consistent with current rates paid for
10mileage to employees of the county.
11    However, all judges who have been certified by the County
12Clerk or Board of Election Commissioners as having
13satisfactorily completed, within the 2 years preceding the day
14of election, the training course for judges of election, as
15provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
16shall receive additional compensation of not less than $10 per
17day in counties of less than 600,000 inhabitants, the
18additional compensation of not less than $10 per day in
19counties having a population of at least 600,000 but less than
202,000,000 inhabitants as fixed by the county board of election
21commissioners of each such county, and additional compensation
22of not less than $20 per day in counties having a population of
232,000,000 or more for primaries and elections not under the
24jurisdiction of the county clerk, and additional compensation
25of not less than $20 per day in counties having a population of
262,000,000 or more for primaries and elections under the

 

 

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1jurisdiction of the county clerk.
2    In precincts in which there are tally judges, the
3compensation of the tally judges shall be 2/3 of that of the
4judges of election and each holdover judge shall be paid the
5compensation of a judge of election plus that of a tally judge.
6    Beginning on the effective date of this amendatory Act of
71998, the portion of an election judge's daily compensation
8reimbursed by the State Board of Elections is increased by $15.
9The increase provided by this amendatory Act of 1998 must be
10used to increase each judge's compensation and may not be used
11by the county to reduce its portion of a judge's compensation.
12    Beginning on the effective date of this amendatory Act of
13the 95th General Assembly, the portion of an election judge's
14daily compensation reimbursement by the State Board of
15Elections is increased by an additional $20. The increase
16provided by this amendatory Act of the 95th General Assembly
17must be used to increase each judge's compensation and may not
18be used by the election authority or election jurisdiction to
19reduce its portion of a judge's compensation.
20(Source: P.A. 95-699, eff. 11-9-07.)
 
21    (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
22    Sec. 14-3.1. The board of election commissioners shall,
23during the month of July of each even-numbered year, select for
24each election precinct within the jurisdiction of the board 5
25persons to be judges of election who shall possess the

 

 

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1qualifications required by this Act for such judges. The
2selection shall be made by a county board of election
3commissioners in the following manner: the county board of
4election commissioners shall select and approve 3 persons as
5judges of election in each election precinct from a certified
6list furnished by the chairman of the county central committee
7of the first leading political party in that precinct; the
8county board of election commissioners also shall select and
9approve 2 persons as judges of election in each election
10precinct from a certified list furnished by the chairman of the
11county central committee of the second leading political party
12in that precinct. The selection by a municipal board of
13election commissioners shall be made in the following manner:
14for each precinct, 3 judges shall be selected from one of the 2
15leading political parties and the other 2 judges shall be
16selected from the other leading political party; the parties
17entitled to 3 and 2 judges, respectively, in the several
18precincts shall be determined as provided in Section 14-4.
19However, a Board of Election Commissioners may appoint three
20judges of election to serve in lieu of the 5 judges of election
21otherwise required by this Section to serve in any emergency
22referendum, or in any odd-year regular election or in any
23special primary or special election called for the purpose of
24filling a vacancy in the office of representative in the United
25States Congress or to nominate candidates for such purpose.
26    If only 3 judges of election serve in each election

 

 

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1precinct, no more than 2 persons of the same political party
2shall be judges of election in the same election precinct, and
3which political party is entitled to 2 judges of election and
4which political party is entitled to one judge of election
5shall be determined as set forth in this Section for a county
6board of election commissioners' selection of 5 election judges
7in each precinct or in Section 14-4 for a municipal board of
8election commissioners' selection of election judges in each
9precinct, whichever is appropriate. In addition to such
10precinct judges, the board of election commissioners shall
11appoint special panels of 3 judges each, who shall possess the
12same qualifications and shall be appointed in the same manner
13and with the same division between political parties as is
14provided for other judges of election. The number of such
15panels of judges required shall be determined by regulation of
16the State Board of Elections, which shall base the required
17number of special panels on the number of registered voters in
18the jurisdiction or the number of absentee ballots voted at
19recent elections or any combination of such factors. A
20municipal board of election commissioners shall make the
21selections of persons qualified under Section 14-1 from
22certified lists furnished by the chairman of the respective
23county central committees, or each ward committeeperson in a
24municipality of 500,000 or more inhabitants, of the 2 leading
25political parties. Lists furnished by chairmen of county
26central committees or ward committeepersons, as the case may

 

 

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1be, under this Section shall be arranged according to
2precincts. The chairman of each county central committee or
3ward committeepersons, as the case may be, shall, insofar as
4possible, list persons who reside within the precinct in which
5they are to serve as judges. However, he may, in his sole
6discretion, submit the names of persons who reside outside the
7precinct but within the county embracing the precinct in which
8they are to serve. He must, however, submit the names of at
9least 2 residents of the precinct for each precinct in which
10his party is to have 3 judges and must submit the name of at
11least one resident of the precinct for each precinct in which
12his party is to have 2 judges. The board of election
13commissioners shall no later than March 1 of each even-numbered
14year notify the chairmen of the respective county central
15committees or ward committeepersons, as the case may be, of
16their responsibility to furnish such lists, and each such
17chairman shall furnish the board of election commissioners with
18the list for his party on or before May 1 of each even-numbered
19year. The board of election commissioners shall acknowledge in
20writing to each county chairman or ward committeepersons, as
21the case may be, the names of all persons submitted on such
22certified list and the total number of persons listed thereon.
23If no such list is furnished or if no names or an insufficient
24number of names are furnished for certain precincts, the board
25of election commissioners shall make or complete such list from
26the names contained in the supplemental list provided for in

 

 

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1Section 14-3.2. Judges of election shall hold their office for
22 years from their appointment and until their successors are
3duly appointed in the manner herein provided. The board of
4election commissioners shall, subject to the provisions of
5Section 14-3.2, fill all vacancies in the office of judges of
6election at any time in the manner herein provided.
7    Such selections under this Section shall be confirmed by
8the court as provided in Section 14-5.
9(Source: P.A. 94-1000, eff. 7-3-06.)
 
10    (10 ILCS 5/14-3.2)  (from Ch. 46, par. 14-3.2)
11    Sec. 14-3.2. In addition to the list provided for in
12Section 14-3.1, the chairman of the county central committee,
13or each ward committeeperson in a municipality of 500,000 or
14more inhabitants, of each of the 2 leading political parties
15shall furnish to the board of election commissioners a
16supplemental list, arranged according to precinct in which they
17are to serve, of persons available as judges of election, the
18names and number of all persons listed thereon to be
19acknowledged in writing to the county chairman or ward
20committeepersons, as the case may be, submitting such list by
21the board of election commissioners. The board of election
22commissioners shall select from this supplemental list persons
23qualified under Section 14-1, to fill vacancies among the
24judges of election. If the list provided for in Section 14-3.1
25for any precinct is exhausted, then selection shall be made

 

 

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1from the supplemental list furnished by the chairman of the
2county central committee or ward committeepersons, as the case
3may be, of the party. If such supplemental list is exhausted
4for any precinct, then selection shall be made from any of the
5persons on the supplemental list without regard to the
6precincts in which they are listed to serve. No selection or
7appointment from the supplemental list shall be made more than
821 days prior to the date of precinct registration for those
9judges needed as precinct registrars, and more than 60 45 days
10prior to the date of an election for those additional persons
11needed as election judges. In any case where selection cannot
12be made from the supplemental list without violating Section
1314-1, selection shall be made from outside the supplemental
14list of some person qualified under Section 14-1.
15(Source: P.A. 93-574, eff. 8-21-03.)
 
16    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
17    Sec. 16-5.01. (a) The election authority shall, at least 46
18days prior to the date of any election at which federal
19officers are elected and 45 days prior to any other regular
20election, have a sufficient number of ballots printed so that
21such ballots will be available for mailing 45 days prior to the
22date of the election to persons who have filed application for
23a ballot under the provisions of Article 20 of this Act.
24    (b) If at any election at which federal offices are elected
25or nominated the election authority is unable to comply with

 

 

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1the provisions of subsection (a), the election authority shall
2mail to each such person, in lieu of the ballot, a Special
3Write-in Vote by Mail Absentee Voter's Blank Ballot. The
4Special Write-in Vote by Mail Absentee Voter's Blank Ballot
5shall be used at all elections at which federal officers are
6elected or nominated and shall be prepared by the election
7authority in substantially the following form:
8
Special Write-in Vote by Mail Absentee Voter's Blank Ballot
9    (To vote for a person, write the title of the office and
10his or her name on the lines provided. Place to the left of and
11opposite the title of office a square and place a cross (X) in
12the square.)
13        Title of Office                 Name of Candidate
14(    )                                                       
15(    )                                                       
16(    )                                                       
17(    )                                                       
18(    )                                                       
19(    )                                                       
20    The election authority shall send with the Special Write-in
21Vote by Mail Absentee Voter's Blank Ballot a list of all
22referenda for which the voter is qualified to vote and all
23candidates for whom nomination papers have been filed and for
24whom the voter is qualified to vote. The voter shall be
25entitled to write in the name of any candidate seeking election
26and any referenda for which he or she is entitled to vote.

 

 

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1    On the back or outside of the ballot, so as to appear when
2folded, shall be printed the words "Official Ballot", the date
3of the election and a facsimile of the signature of the
4election authority who has caused the ballot to be printed.
5    The provisions of Article 20, insofar as they may be
6applicable to the Special Write-in Vote by Mail Absentee
7Voter's Blank Ballot, shall be applicable herein.
8    (c) Notwithstanding any provision of this Code or other law
9to the contrary, the governing body of a municipality may
10adopt, upon submission of a written statement by the
11municipality's election authority attesting to the
12administrative ability of the election authority to administer
13an election using a ranked ballot to the municipality's
14governing body, an ordinance requiring, and that
15municipality's election authority shall prepare, a ranked vote
16by mail absentee ballot for municipal and township office
17candidates to be voted on in the consolidated election. This
18ranked ballot shall be for use only by a qualified voter who
19either is a member of the United States military or will be
20outside of the United States on the consolidated primary
21election day and the consolidated election day. The ranked
22ballot shall contain a list of the titles of all municipal and
23township offices potentially contested at both the
24consolidated primary election and the consolidated election
25and the candidates for each office and shall permit the elector
26to vote in the consolidated election by indicating his or her

 

 

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1order of preference for each candidate for each office. To
2indicate his or her order of preference for each candidate for
3each office, the voter shall put the number one next to the
4name of the candidate who is the voter's first choice, the
5number 2 for his or her second choice, and so forth so that, in
6consecutive numerical order, a number indicating the voter's
7preference is written by the voter next to each candidate's
8name on the ranked ballot. The voter shall not be required to
9indicate his or her preference for more than one candidate on
10the ranked ballot. The voter may not cast a write-in vote using
11the ranked ballot for the consolidated election. The election
12authority shall, if using the ranked vote by mail absentee
13ballot authorized by this subsection, also prepare
14instructions for use of the ranked ballot. The ranked ballot
15for the consolidated election shall be mailed to the voter at
16the same time that the ballot for the consolidated primary
17election is mailed to the voter and the election authority
18shall accept the completed ranked ballot for the consolidated
19election when the authority accepts the completed ballot for
20the consolidated primary election.
21    The voter shall also be sent a vote by mail an absentee
22ballot for the consolidated election for those races that are
23not related to the results of the consolidated primary election
24as soon as the consolidated election ballot is certified.
25    The State Board of Elections shall adopt rules for election
26authorities for the implementation of this subsection,

 

 

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1including but not limited to the application for and counting
2of ranked ballots.
3(Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
4    (10 ILCS 5/17-8)  (from Ch. 46, par. 17-8)
5    Sec. 17-8. The county clerk shall provide in each polling
6place, so designated or provided a sufficient number of booths,
7which shall be provided with such supplies and conveniences,
8including shelves, pens, penholders, ink, blotters and
9pencils, as will enable the voter to prepare his ballot for
10voting, and in which voters may prepare their ballots screened
11from all observation as to the manner in which they do so. They
12shall be within plain view of election officers, and both they
13and the ballot boxes shall be within plain view of those within
14the proximity of the voting booths. Each of said booths shall
15have 3 sides enclosed, one side in front, to be closed with a
16curtain. Each side of each booth shall be 6 feet 4 inches and
17the curtain shall extend within 2 feet of the floor, which
18shall be closed while the voter is preparing his ballot. Each
19booth shall be at least 32 inches square and shall contain a
20shelf at least one foot wide, at a convenient height for
21writing. No person other than the election officers and the
22challengers allowed by law, and those admitted for the purpose
23of voting as herein provided, shall be permitted within the
24proximity of the voting booths, (i) except by authority of the
25election officers to keep order and enforce the law and (ii)

 

 

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1except that one or more children under the age of 18 may
2accompany their parent or guardian into the voting booth as
3long as a request to do so is made to the election officers
4and, in the sole discretion of the election officers, the child
5or children are not likely to disrupt or interfere with the
6voting process or influence the casting of a vote. The number
7of such voting booths shall not be less than one to every 75
8voters or fraction thereof who voted at the last preceding
9election in the precinct. The expense of providing booths and
10other things required in this Act shall be paid in the same
11manner as other election expenses.
12    Where electronic voting systems are used, a booth with a
13self-contained electronic voting device may be used. Each such
14booth shall have 3 sides enclosed and shall be equipped with a
15curtain for closing the front of the booth. The curtain must
16extend to within 2 feet of the floor. Each side shall be of
17such a height, in no event less than 5 feet, one inch, as to
18insure the secrecy of the voter. Each booth shall be at least
1932 inches square, provided, however, that where a booth is no
20more than 23 inches wide and the sides of such booth extend
21from a point below the device to a height of 5 feet, one inch,
22at the front of the booth, and such booth insures that voters
23may prepare their ballots in secrecy, such booth may be used.
24If an election authority provides each polling place with
25stickers or emblems to be given to voters indicating that the
26person has voted, no person who has voted shall be denied such

 

 

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1sticker or emblem.
2(Source: P.A. 94-288, eff. 1-1-06.)
 
3    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
4    Sec. 17-9. Any person desiring to vote shall give his name
5and, if required to do so, his residence to the judges of
6election, one of whom shall thereupon announce the same in a
7loud and distinct tone of voice, clear, and audible; the judges
8of elections shall check each application for ballot against
9the list of voters registered in that precinct to whom grace
10period, vote by mail absentee, or early ballots have been
11issued for that election, which shall be provided by the
12election authority and which list shall be available for
13inspection by pollwatchers. A voter applying to vote in the
14precinct on election day whose name appears on the list as
15having been issued a grace period, vote by mail absentee, or
16early ballot shall not be permitted to vote in the precinct,
17except that a voter to whom a vote by mail an absentee ballot
18was issued may vote in the precinct if the voter submits to the
19election judges that vote by mail absentee ballot for
20cancellation. If the voter is unable to submit the vote by mail
21absentee ballot, it shall be sufficient for the voter to submit
22to the election judges (i) a portion of the vote by mail
23absentee ballot if the vote by mail absentee ballot was torn or
24mutilated or (ii) an affidavit executed before the election
25judges specifying that (A) the voter never received a vote by

 

 

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1mail an absentee ballot or (B) the voter completed and returned
2a vote by mail an absentee ballot and was informed that the
3election authority did not receive that vote by mail absentee
4ballot. All applicable provisions of Articles 4, 5 or 6 shall
5be complied with and if such name is found on the register of
6voters by the officer having charge thereof, he shall likewise
7repeat said name, and the voter shall be allowed to enter
8within the proximity of the voting booths, as above provided.
9One of the judges shall give the voter one, and only one of
10each ballot to be voted at the election, on the back of which
11ballots such judge shall indorse his initials in such manner
12that they may be seen when each such ballot is properly folded,
13and the voter's name shall be immediately checked on the
14register list. In those election jurisdictions where
15perforated ballot cards are utilized of the type on which
16write-in votes can be cast above the perforation, the election
17authority shall provide a space both above and below the
18perforation for the judge's initials, and the judge shall
19endorse his or her initials in both spaces. Whenever a proposal
20for a constitutional amendment or for the calling of a
21constitutional convention is to be voted upon at the election,
22the separate blue ballot or ballots pertaining thereto shall,
23when being handed to the voter, be placed on top of the other
24ballots to be voted at the election in such manner that the
25legend appearing on the back thereof, as prescribed in Section
2616-6 of this Act, shall be plainly visible to the voter. At all

 

 

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1elections, when a registry may be required, if the name of any
2person so desiring to vote at such election is not found on the
3register of voters, he or she shall not receive a ballot until
4he or she shall have complied with the law prescribing the
5manner and conditions of voting by unregistered voters. If any
6person desiring to vote at any election shall be challenged, he
7or she shall not receive a ballot until he or she shall have
8established his right to vote in the manner provided
9hereinafter; and if he or she shall be challenged after he has
10received his ballot, he shall not be permitted to vote until he
11or she has fully complied with such requirements of the law
12upon being challenged. Besides the election officer, not more
13than 2 voters in excess of the whole number of voting booths
14provided shall be allowed within the proximity of the voting
15booths at one time. The provisions of this Act, so far as they
16require the registration of voters as a condition to their
17being allowed to vote shall not apply to persons otherwise
18entitled to vote, who are, at the time of the election, or at
19any time within 60 days prior to such election have been
20engaged in the military or naval service of the United States,
21and who appear personally at the polling place on election day
22and produce to the judges of election satisfactory evidence
23thereof, but such persons, if otherwise qualified to vote,
24shall be permitted to vote at such election without previous
25registration.
26    All such persons shall also make an affidavit which shall

 

 

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1be in substantially the following form:
2State of Illinois,)
3                  ) ss.
4County of ........)
5............... Precinct   .......... Ward
6    I, ...., do solemnly swear (or affirm) that I am a citizen
7of the United States, of the age of 18 years or over, and that
8within the past 60 days prior to the date of this election at
9which I am applying to vote, I have been engaged in the ....
10(military or naval) service of the United States; and I am
11qualified to vote under and by virtue of the Constitution and
12laws of the State of Illinois, and that I am a legally
13qualified voter of this precinct and ward except that I have,
14because of such service, been unable to register as a voter;
15that I now reside at .... (insert street and number, if any) in
16this precinct and ward; that I have maintained a legal
17residence in this precinct and ward for 30 days and in this
18State 30 days next preceding this election.
19
.........................
20    Subscribed and sworn to before me on (insert date).
21
.........................
22
Judge of Election.

 
23    The affidavit of any such person shall be supported by the
24affidavit of a resident and qualified voter of any such
25precinct and ward, which affidavit shall be in substantially

 

 

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1the following form:
2State of Illinois,)
3                  ) ss.
4County of ........)
5........... Precinct   ........... Ward
6    I, ...., do solemnly swear (or affirm), that I am a
7resident of this precinct and ward and entitled to vote at this
8election; that I am acquainted with .... (name of the
9applicant); that I verily believe him to be an actual bona fide
10resident of this precinct and ward and that I verily believe
11that he or she has maintained a legal residence therein 30 days
12and in this State 30 days next preceding this election.
13
.........................
14    Subscribed and sworn to before me on (insert date).
15
.........................
16
Judge of Election.

 
17    All affidavits made under the provisions of this Section
18shall be enclosed in a separate envelope securely sealed, and
19shall be transmitted with the returns of the elections to the
20county clerk or to the board of election commissioners, who
21shall preserve the said affidavits for the period of 6 months,
22during which period such affidavits shall be deemed public
23records and shall be freely open to examination as such.
24(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 

 

 

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1    (10 ILCS 5/17-18.1)  (from Ch. 46, par. 17-18.1)
2    Sec. 17-18.1. Wherever the judicial retention ballot to be
3used in any general election contains the names of more than 15
4judges on a separate paper ballot, the County Clerk or Board of
5Election Commissioners as the case may be, shall designate
6special judges of election for the purpose of tallying and
7canvassing the votes cast for and against the propositions for
8the retention of judges in office in such places and at such
9times as the County Clerk or Board of Election Commissioners
10determine. Special judges of election shall be designated from
11certified lists submitted by the respective chairmen of the
12county central committees of the two leading political parties.
13In the event that the County Clerk or Board of Election
14Commissioners as the case may be, decides that the counting of
15the retention ballots shall be performed in the precinct where
16such ballots are cast, 2 special judges of election shall be
17designated to tally and canvass the vote of each precinct with
18one being named from each of the 2 leading political parties.
19    In the event that the County Clerk or Board of Election
20Commissioners decides that the judicial retention ballots from
21several precincts shall be tallied and canvassed in a central
22or common location, then each major political party shall be
23entitled to an equal number of special election judges in each
24such central or common location. The County Clerk or Board of
25Election Commissioners, as the case may be, shall inform, no
26later than 75 days prior to such election, the respective

 

 

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1chairmen of the county central committees of the location or
2locations where the counting of retention ballots will be done,
3the number of names to be included on the certified lists, and
4the number of special election judges to be selected from those
5lists. If the certified list for either party is not submitted
6within thirty days after the chairmen have been so informed,
7the County Clerk or Board of Election Commissioners shall
8designate special judges of election for that party in whatever
9manner it determines.
10    The County Clerk or Board of Election Commissioners shall
11apply to the Circuit Court for the confirmation of the special
12judges of election designated under this Section. The court
13shall confirm or refuse to confirm such designations as the
14interest of the public may require. Those confirmed shall be
15officers of the court and subject to its disciplinary powers.
16    The County Clerk or Board of Election Commissioners shall,
17in the exercise of sound discretion, prescribe the forms,
18materials and supplies together with the procedures for
19completion and return thereof for use in such election by
20special judges of election. The special judges of election
21designated under this Section shall have full responsibility
22and authority for tallying and canvassing the votes pertaining
23to the retention of judges and the return of ballots and
24supplies.
25    If the County Clerk or Board of Election Commissioners
26decides that the counting of the retention ballots shall be

 

 

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1performed in the precinct where such ballots were cast, at
2least 2 ballot boxes shall be provided for paper retention
3ballots, one of which shall be used from the opening of the
4polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and
5the second of which shall be used from 9:00 a.m. until 12:00
6noon and from 3:00 p.m. until the closing of the polls;
7provided that if additional ballot boxes are provided, the
8additional boxes shall be used instead of reusing boxes used
9earlier. At the close of each such period of use, a ballot box
10used for retention ballots shall be immediately unsealed and
11opened and the ballots therein counted and tallied by the
12special judges of election. After counting and tallying the
13retention ballots, the special judges of election shall place
14the counted ballots in a container provided for that purpose by
15the County Clerk or Board of Election Commissioners and clearly
16marked with the appropriate printing and shall thereupon seal
17such container. One such container shall be provided for each
18of the four time periods and clearly designated as the
19container for the respective period. The tally shall be
20recorded on sheets provided by the County Clerk or Board of
21Election Commissioners and designated as tally sheets for the
22respective time periods. Before a ballot box may be reused, it
23shall in the presence of all of the judges of election be
24verified to be empty, whereupon it shall be resealed. After the
25close of the polls, and after the tally of votes cast by vote
26by mail absentee voters, the special judges of election shall

 

 

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1add together the tallies of all the ballot boxes used
2throughout the day, and complete the canvass of votes for
3retention of judges in the manner established by this Act. All
4of these procedures shall be carried out within the clear view
5of the other judges of election. The sealed containers of used
6retention ballots shall be returned with other voted ballots to
7the County Clerk or Board of Election Commissioners in the
8manner provided by this Act.
9    The compensation of a special judge of election may not
10exceed $30 per judge per precinct or district canvassed.
11    This Section does not affect any other office or the
12conduct of any other election held at the same time as the
13election for the retention of judges in office.
14(Source: P.A. 81-850; 81-1149.)
 
15    (10 ILCS 5/17-19.2)  (from Ch. 46, par. 17-19.2)
16    Sec. 17-19.2. Where a vacancy in nomination is filled
17pursuant to Section 7-61 or Section 10-11, the vote by mail
18absentee votes cast for the original candidate on the first
19ballot shall not be counted. For this purpose, in those
20jurisdictions where electronic voting systems are used, the
21election authority shall determine a method by which the first
22ballots containing the name of the original candidate may be
23segregated from the revised ballots containing the name of the
24successor candidate and separately counted.
25    Where a vacancy in nomination is not filled pursuant to

 

 

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1Section 7-61 or Section 10-11, all votes cast for the original
2candidate shall be counted for such candidate.
3(Source: P.A. 84-861.)
 
4    (10 ILCS 5/17-21)  (from Ch. 46, par. 17-21)
5    Sec. 17-21. When the votes shall have been examined and
6counted, the judges shall set down on a sheet or return form to
7be supplied to them, the name of every person voted for,
8written or printed at full length, the office for which such
9person received such votes, and the number he did receive and
10such additional information as is necessary to complete, as
11nearly as circumstances will admit, the following form, to-wit:
12
TALLY SHEET AND CERTIFICATE OF
13
RESULTS
14    We do hereby certify that at the .... election held in the
15precinct hereinafter (general or special) specified on (insert
16date), a total of .... voters requested and received ballots
17and we do further certify:
18    Number of blank ballots delivered to us ....
19    Number of vote by mail absentee ballots delivered to us
20....
21    Total number of ballots delivered to us ....
22    Number of blank and spoiled ballots returned.
23    (1) Total number of ballots cast (in box)....
24    .... Defective and Objected To ballots sealed in envelope
25    (2) .... Total number of ballots cast (in box)

 

 

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1
Line (2) equals line (1)
2    We further certify that each of the candidates for
3representative in the General Assembly received the number of
4votes ascribed to him on the separate tally sheet.
5    We further certify that each candidate received the number
6of votes set forth opposite his name or in the box containing
7his name on the tally sheet contained in the page or pages
8immediately following our signatures.
9    The undersigned actually served as judges and counted the
10ballots at the election on the .... day of .... in the ....
11precinct of the (1) *township of ...., or (2) *City of ...., or
12(3) *.... ward in the city of .... and the polls were opened at
136:00 A.M. and closed at 7:00 P.M. Certified by us.
14
*Fill in either (1), (2) or (3)
15        A B, ....(Address)
16        C D, ....(Address)
17        E F, ....(Address)
18        G H, ....(Address)
19        I J, ....(Address)
 
20    Each tally sheet shall be in substantially one of the
21following forms:
22-------------------------------------------------------------
23Candidate's
24Name ofCandidatesTotal
25officeNamesVote5101520

 

 

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1---
2UnitedJohn Smith7711
3States
4Senator
5---
6---
7Names of candidates
8Name ofand total vote
9officefor each5101520
10---
11For UnitedJohn Smith
12States
13Senator
14Total Vote..................
15---
16(Source: P.A. 98-463, eff. 8-16-13.)
 
17    (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
18    Sec. 17-23. Pollwatchers in a general election shall be
19authorized in the following manner:
20    (1) Each established political party shall be entitled to
21appoint two pollwatchers per precinct. Such pollwatchers must
22be affiliated with the political party for which they are
23pollwatching. For all elections, the pollwatchers must be
24registered to vote in Illinois.
25    (2) Each candidate shall be entitled to appoint two

 

 

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1pollwatchers per precinct. For all elections, the pollwatchers
2must be registered to vote in Illinois.
3    (3) Each organization of citizens within the county or
4political subdivision, which has among its purposes or
5interests the investigation or prosecution of election frauds,
6and which shall have registered its name and address and the
7name and addresses of its principal officers with the proper
8election authority at least 40 days before the election, shall
9be entitled to appoint one pollwatcher per precinct. For all
10elections, the pollwatcher must be registered to vote in
11Illinois.
12    (3.5) Each State nonpartisan civic organization within the
13county or political subdivision shall be entitled to appoint
14one pollwatcher per precinct, provided that no more than 2
15pollwatchers appointed by State nonpartisan civic
16organizations shall be present in a precinct polling place at
17the same time. Each organization shall have registered the
18names and addresses of its principal officers with the proper
19election authority at least 40 days before the election. The
20pollwatchers must be registered to vote in Illinois. For the
21purpose of this paragraph, a "State nonpartisan civic
22organization" means any corporation, unincorporated
23association, or organization that:
24        (i) as part of its written articles of incorporation,
25    bylaws, or charter or by separate written declaration, has
26    among its stated purposes the provision of voter

 

 

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1    information and education, the protection of individual
2    voters' rights, and the promotion of free and equal
3    elections;
4        (ii) is organized or primarily conducts its activities
5    within the State of Illinois; and
6        (iii) continuously maintains an office or business
7    location within the State of Illinois, together with a
8    current listed telephone number (a post office box number
9    without a current listed telephone number is not
10    sufficient).
11    (4) In any general election held to elect candidates for
12the offices of a municipality of less than 3,000,000 population
13that is situated in 2 or more counties, a pollwatcher who is a
14resident of Illinois shall be eligible to serve as a
15pollwatcher in any poll located within such municipality,
16provided that such pollwatcher otherwise complies with the
17respective requirements of subsections (1) through (3) of this
18Section and is a registered voter in Illinois.
19    (5) Each organized group of proponents or opponents of a
20ballot proposition, which shall have registered the name and
21address of its organization or committee and the name and
22address of its chairman with the proper election authority at
23least 40 days before the election, shall be entitled to appoint
24one pollwatcher per precinct. The pollwatcher must be
25registered to vote in Illinois.
26    All pollwatchers shall be required to have proper

 

 

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1credentials. Such credentials shall be printed in sufficient
2quantities, shall be issued by and under the facsimile
3signature(s) of the election authority or the State Board of
4Elections and shall be available for distribution by the
5election authority and State Board of Elections at least 2
6weeks prior to the election. Such credentials shall be
7authorized by the real or facsimile signature of the State or
8local party official or the candidate or the presiding officer
9of the civic organization or the chairman of the proponent or
10opponent group, as the case may be. Neither the election
11authority nor the State Board of Elections may require any such
12party official or the candidate or the presiding officer of the
13civic organization or the chairman of the proponent or opponent
14group to submit the names or other information concerning
15pollwatchers before making credentials available to such
16persons or organizations.
17    Pollwatcher credentials shall be in substantially the
18following form:
 
19
POLLWATCHER CREDENTIALS
20TO THE JUDGES OF ELECTION:
21    In accordance with the provisions of the Election Code, the
22undersigned hereby appoints .......... (name of pollwatcher)
23who resides at ........... (address) in the county of
24..........., .......... (township or municipality) of
25........... (name), State of Illinois and who is duly

 

 

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1registered to vote from this address, to act as a pollwatcher
2in the ........... precinct of the ........... ward (if
3applicable) of the ........... (township or municipality) of
4........... at the ........... election to be held on (insert
5date).
6........................  (Signature of Appointing Authority)
7......................... TITLE  (party official,  candidate,
8                                civic organization president,
9                        proponent or opponent group chairman)
 
10    Under penalties provided by law pursuant to Section 29-10
11of the Election Code, the undersigned pollwatcher certifies
12that he or she resides at ................ (address) in the
13county of ............, ......... (township or municipality)
14of ........... (name), State of Illinois, and is duly
15registered to vote in Illinois.
16..........................            .......................
17(Precinct and/or Ward in           (Signature of Pollwatcher)
18Which Pollwatcher Resides)
 
19    Pollwatchers must present their credentials to the Judges
20of Election upon entering the polling place. Pollwatcher
21credentials properly executed and signed shall be proof of the
22qualifications of the pollwatcher authorized thereby. Such
23credentials are retained by the Judges and returned to the
24Election Authority at the end of the day of election with the

 

 

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1other election materials. Once a pollwatcher has surrendered a
2valid credential, he may leave and reenter the polling place
3provided that such continuing action does not disrupt the
4conduct of the election. Pollwatchers may be substituted during
5the course of the day, but established political parties,
6candidates and qualified civic organizations can have only as
7many pollwatchers at any given time as are authorized in this
8Article. A substitute must present his signed credential to the
9judges of election upon entering the polling place. Election
10authorities must provide a sufficient number of credentials to
11allow for substitution of pollwatchers. After the polls have
12closed pollwatchers shall be allowed to remain until the
13canvass of votes is completed; but may leave and reenter only
14in cases of necessity, provided that such action is not so
15continuous as to disrupt the canvass of votes.
16    Candidates seeking office in a district or municipality
17encompassing 2 or more counties shall be admitted to any and
18all polling places throughout such district or municipality
19without regard to the counties in which such candidates are
20registered to vote. Actions of such candidates shall be
21governed in each polling place by the same privileges and
22limitations that apply to pollwatchers as provided in this
23Section. Any such candidate who engages in an activity in a
24polling place which could reasonably be construed by a majority
25of the judges of election as campaign activity shall be removed
26forthwith from such polling place.

 

 

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1    Candidates seeking office in a district or municipality
2encompassing 2 or more counties who desire to be admitted to
3polling places on election day in such district or municipality
4shall be required to have proper credentials. Such credentials
5shall be printed in sufficient quantities, shall be issued by
6and under the facsimile signature of the State Board of
7Elections or the election authority of the election
8jurisdiction where the polling place in which the candidate
9seeks admittance is located, and shall be available for
10distribution at least 2 weeks prior to the election. Such
11credentials shall be signed by the candidate.
12    Candidate credentials shall be in substantially the
13following form:
 
14
CANDIDATE CREDENTIALS
15    TO THE JUDGES OF ELECTION:
16    In accordance with the provisions of the Election Code, I
17...... (name of candidate) hereby certify that I am a candidate
18for ....... (name of office) and seek admittance to .......
19precinct of the ....... ward (if applicable) of the .......
20(township or municipality) of ....... at the ....... election
21to be held on (insert date).
22.........................             .......................
23(Signature of Candidate)              OFFICE FOR WHICH
24                                      CANDIDATE SEEKS
25                                      NOMINATION OR

 

 

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1                                      ELECTION
 
2    Pollwatchers shall be permitted to observe all proceedings
3and view all reasonably requested records relating to the
4conduct of the election, provided the secrecy of the ballot is
5not impinged, and to station themselves in a position in the
6voting room as will enable them to observe the judges making
7the signature comparison between the voter application and the
8voter registration record card; provided, however, that such
9pollwatchers shall not be permitted to station themselves in
10such close proximity to the judges of election so as to
11interfere with the orderly conduct of the election and shall
12not, in any event, be permitted to handle election materials.
13Pollwatchers may challenge for cause the voting qualifications
14of a person offering to vote and may call to the attention of
15the judges of election any incorrect procedure or apparent
16violations of this Code.
17    If a majority of the judges of election determine that the
18polling place has become too overcrowded with pollwatchers so
19as to interfere with the orderly conduct of the election, the
20judges shall, by lot, limit such pollwatchers to a reasonable
21number, except that each established or new political party
22shall be permitted to have at least one pollwatcher present.
23    Representatives of an election authority, with regard to an
24election under its jurisdiction, the State Board of Elections,
25and law enforcement agencies, including but not limited to a

 

 

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1United States Attorney, a State's attorney, the Attorney
2General, and a State, county, or local police department, in
3the performance of their official election duties, shall be
4permitted at all times to enter and remain in the polling
5place. Upon entering the polling place, such representatives
6shall display their official credentials or other
7identification to the judges of election.
8    Uniformed police officers assigned to polling place duty
9shall follow all lawful instructions of the judges of election.
10    The provisions of this Section shall also apply to
11supervised casting of vote by mail absentee ballots as provided
12in Section 19-12.2 of this Act.
13(Source: P.A. 98-115, eff. 7-29-13.)
 
14    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
15    Sec. 17-29. (a) No judge of election, pollwatcher, or other
16person shall, at any primary or election, do any electioneering
17or soliciting of votes or engage in any political discussion
18within any polling place, within 100 feet of any polling place,
19or, at the option of a church or private school, on any of the
20property of that church or private school that is a polling
21place; no person shall interrupt, hinder or oppose any voter
22while approaching within those areas for the purpose of voting.
23Judges of election shall enforce the provisions of this
24Section.
25    (b) Election officers shall place 2 or more cones, small

 

 

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1United States national flags, or some other marker a distance
2of 100 horizontal feet from each entrance to the room used by
3voters to engage in voting, which shall be known as the polling
4room. If the polling room is located within a building that is
5a private business, a public or private school, or a church or
6other organization founded for the purpose of religious worship
7and the distance of 100 horizontal feet ends within the
8interior of the building, then the markers shall be placed
9outside of the building at each entrance used by voters to
10enter that building on the grounds adjacent to the thoroughfare
11or walkway. If the polling room is located within a public or
12private building with 2 or more floors and the polling room is
13located on the ground floor, then the markers shall be placed
14100 horizontal feet from each entrance to the polling room used
15by voters to engage in voting. If the polling room is located
16in a public or private building with 2 or more floors and the
17polling room is located on a floor above or below the ground
18floor, then the markers shall be placed a distance of 100 feet
19from the nearest elevator or staircase used by voters on the
20ground floor to access the floor where the polling room is
21located. The area within where the markers are placed shall be
22known as a campaign free zone, and electioneering is prohibited
23pursuant to this subsection. Notwithstanding any other
24provision of this Section, a church or private school may
25choose to apply the campaign free zone to its entire property,
26and, if so, the markers shall be placed near the boundaries on

 

 

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1the grounds adjacent to the thoroughfares or walkways leading
2to the entrances used by the voters. If an election authority
3maintains a website, no later than 5 days before election day,
4each election authority shall post on its website the name and
5address of every polling place designated as a campaign free
6zone. This information shall be immediately provided to any
7person upon request, and a requester shall not be required to
8submit a request under the Freedom of Information Act.
9    The area on polling place property beyond the campaign free
10zone, whether publicly or privately owned, is a public forum
11for the time that the polls are open on an election day. At the
12request of election officers any publicly owned building must
13be made available for use as a polling place. A person shall
14have the right to congregate and engage in electioneering on
15any polling place property while the polls are open beyond the
16campaign free zone, including but not limited to, the placement
17of temporary signs. This subsection shall be construed
18liberally in favor of persons engaging in electioneering on all
19polling place property beyond the campaign free zone for the
20time that the polls are open on an election day. At or near the
21door of each polling place, the election judges shall place
22signage indicating the proper entrance to the polling place. In
23addition, the election judges shall ensure that a sign
24identifying the location of the polling place is placed on a
25nearby public roadway. The State Board of Elections shall
26establish guidelines for the placement of polling place

 

 

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1signage.
2    (c) The regulation of electioneering on polling place
3property on an election day, including but not limited to the
4placement of temporary signs, is an exclusive power and
5function of the State. A home rule unit may not regulate
6electioneering and any ordinance or local law contrary to
7subsection (c) is declared void. This is a denial and
8limitation of home rule powers and functions under subsection
9(h) of Section 6 of Article VII of the Illinois Constitution.
10(Source: P.A. 95-699, eff. 11-9-07.)
 
11    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
12    Sec. 18-5. Any person desiring to vote and whose name is
13found upon the register of voters by the person having charge
14thereof, shall then be questioned by one of the judges as to
15his nativity, his term of residence at present address,
16precinct, State and United States, his age, whether naturalized
17and if so the date of naturalization papers and court from
18which secured, and he shall be asked to state his residence
19when last previously registered and the date of the election
20for which he then registered. The judges of elections shall
21check each application for ballot against the list of voters
22registered in that precinct to whom grace period, vote by mail
23absentee, and early ballots have been issued for that election,
24which shall be provided by the election authority and which
25list shall be available for inspection by pollwatchers. A voter

 

 

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1applying to vote in the precinct on election day whose name
2appears on the list as having been issued a grace period, vote
3by mail absentee, or early ballot shall not be permitted to
4vote in the precinct, except that a voter to whom a vote by
5mail an absentee ballot was issued may vote in the precinct if
6the voter submits to the election judges that vote by mail
7absentee ballot for cancellation. If the voter is unable to
8submit the vote by mail absentee ballot, it shall be sufficient
9for the voter to submit to the election judges (i) a portion of
10the vote by mail absentee ballot if the vote by mail absentee
11ballot was torn or mutilated or (ii) an affidavit executed
12before the election judges specifying that (A) the voter never
13received a vote by mail an absentee ballot or (B) the voter
14completed and returned a vote by mail an absentee ballot and
15was informed that the election authority did not receive that
16vote by mail absentee ballot. If such person so registered
17shall be challenged as disqualified, the party challenging
18shall assign his reasons therefor, and thereupon one of the
19judges shall administer to him an oath to answer questions, and
20if he shall take the oath he shall then be questioned by the
21judge or judges touching such cause of challenge, and touching
22any other cause of disqualification. And he may also be
23questioned by the person challenging him in regard to his
24qualifications and identity. But if a majority of the judges
25are of the opinion that he is the person so registered and a
26qualified voter, his vote shall then be received accordingly.

 

 

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1But if his vote be rejected by such judges, such person may
2afterward produce and deliver an affidavit to such judges,
3subscribed and sworn to by him before one of the judges, in
4which it shall be stated how long he has resided in such
5precinct, and state; that he is a citizen of the United States,
6and is a duly qualified voter in such precinct, and that he is
7the identical person so registered. In addition to such an
8affidavit, the person so challenged shall provide to the judges
9of election proof of residence by producing 2 forms of
10identification showing the person's current residence address,
11provided that such identification may include a lease or
12contract for a residence and not more than one piece of mail
13addressed to the person at his current residence address and
14postmarked not earlier than 30 days prior to the date of the
15election, or the person shall procure a witness personally
16known to the judges of election, and resident in the precinct
17(or district), or who shall be proved by some legal voter of
18such precinct or district, known to the judges to be such, who
19shall take the oath following, viz:
20    I do solemnly swear (or affirm) that I am a resident of
21this election precinct (or district), and entitled to vote at
22this election, and that I have been a resident of this State
23for 30 days last past, and am well acquainted with the person
24whose vote is now offered; that he is an actual and bona fide
25resident of this election precinct (or district), and has
26resided herein 30 days, and as I verily believe, in this State,

 

 

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130 days next preceding this election.
2    The oath in each case may be administered by one of the
3judges of election, or by any officer, resident in the precinct
4or district, authorized by law to administer oaths. Also
5supported by an affidavit by a registered voter residing in
6such precinct, stating his own residence, and that he knows
7such person; and that he does reside at the place mentioned and
8has resided in such precinct and state for the length of time
9as stated by such person, which shall be subscribed and sworn
10to in the same way. For purposes of this Section, the
11submission of a photo identification issued by a college or
12university, accompanied by either (i) a copy of the applicant's
13contract or lease for a residence or (ii) one piece of mail
14addressed to the person at his or her current residence address
15and postmarked not earlier than 30 days prior to the date of
16the election, shall be sufficient to establish proof of
17residence. Whereupon the vote of such person shall be received,
18and entered as other votes. But such judges, having charge of
19such registers, shall state in their respective books the facts
20in such case, and the affidavits, so delivered to the judges,
21shall be preserved and returned to the office of the
22commissioners of election. Blank affidavits of the character
23aforesaid shall be sent out to the judges of all the precincts,
24and the judges of election shall furnish the same on demand and
25administer the oaths without criticism. Such oaths, if
26administered by any other officer than such judge of election,

 

 

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1shall not be received. Whenever a proposal for a constitutional
2amendment or for the calling of a constitutional convention is
3to be voted upon at the election, the separate blue ballot or
4ballots pertaining thereto shall be placed on top of the other
5ballots to be voted at the election in such manner that the
6legend appearing on the back thereof, as prescribed in Section
716-6 of this Act, shall be plainly visible to the voter, and in
8this fashion the ballots shall be handed to the voter by the
9judge.
10    Immediately after voting, the voter shall be instructed
11whether the voting equipment, if used, accepted or rejected the
12ballot or identified the ballot as under-voted. A voter whose
13ballot is identified as under-voted for a statewide
14constitutional office may return to the voting booth and
15complete the voting of that ballot. A voter whose ballot is not
16accepted by the voting equipment may, upon surrendering the
17ballot, request and vote another ballot. The voter's
18surrendered ballot shall be initialed by the election judge and
19handled as provided in the appropriate Article governing that
20voting equipment.
21    The voter shall, upon quitting the voting booth, deliver to
22one of the judges of election all of the ballots, properly
23folded, which he received. The judge of election to whom the
24voter delivers his ballots shall not accept the same unless all
25of the ballots given to the voter are returned by him. If a
26voter delivers less than all of the ballots given to him, the

 

 

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1judge to whom the same are offered shall advise him in a voice
2clearly audible to the other judges of election that the voter
3must return the remainder of the ballots. The statement of the
4judge to the voter shall clearly express the fact that the
5voter is not required to vote such remaining ballots but that
6whether or not he votes them he must fold and deliver them to
7the judge. In making such statement the judge of election shall
8not indicate by word, gesture or intonation of voice that the
9unreturned ballots shall be voted in any particular manner. No
10new voter shall be permitted to enter the voting booth of a
11voter who has failed to deliver the total number of ballots
12received by him until such voter has returned to the voting
13booth pursuant to the judge's request and again quit the booth
14with all of the ballots required to be returned by him. Upon
15receipt of all such ballots the judges of election shall enter
16the name of the voter, and his number, as above provided in
17this Section, and the judge to whom the ballots are delivered
18shall immediately put the ballots into the ballot box. If any
19voter who has failed to deliver all the ballots received by him
20refuses to return to the voting booth after being advised by
21the judge of election as herein provided, the judge shall
22inform the other judges of such refusal, and thereupon the
23ballot or ballots returned to the judge shall be deposited in
24the ballot box, the voter shall be permitted to depart from the
25polling place, and a new voter shall be permitted to enter the
26voting booth.

 

 

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1    The judge of election who receives the ballot or ballots
2from the voter shall announce the residence and name of such
3voter in a loud voice. The judge shall put the ballot or
4ballots received from the voter into the ballot box in the
5presence of the voter and the judges of election, and in plain
6view of the public. The judges having charge of such registers
7shall then, in a column prepared thereon, in the same line of,
8the name of the voter, mark "Voted" or the letter "V".
9    No judge of election shall accept from any voter less than
10the full number of ballots received by such voter without first
11advising the voter in the manner above provided of the
12necessity of returning all of the ballots, nor shall any such
13judge advise such voter in a manner contrary to that which is
14herein permitted, or in any other manner violate the provisions
15of this Section; provided, that the acceptance by a judge of
16election of less than the full number of ballots delivered to a
17voter who refuses to return to the voting booth after being
18properly advised by such judge shall not be a violation of this
19Section.
20(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
21    (10 ILCS 5/18-9.2)  (from Ch. 46, par. 18-9.2)
22    Sec. 18-9.2. Where a vacancy in nomination is filled
23pursuant to Section 7-61 or Section 10-11, the vote by mail
24absentee votes cast for the original candidate on the first
25ballot shall not be counted. For this purpose, in those

 

 

SB0172 Enrolled- 141 -LRB098 04408 HLH 34436 b

1jurisdictions where electronic voting systems are used, the
2election authority shall determine a method by which the first
3ballots containing the name of the original candidate may be
4segregated from the revised ballots containing the name of the
5successor candidate and separately counted.
6    Where a vacancy in nomination is not filled pursuant to
7Section 7-61 or Section 10-11, all votes cast for the original
8candidate shall be counted for such candidate.
9(Source: P.A. 84-861.)
 
10    (10 ILCS 5/18A-5)
11    Sec. 18A-5. Provisional voting; general provisions.
12    (a) A person who claims to be a registered voter is
13entitled to cast a provisional ballot under the following
14circumstances:
15        (1) The person's name does not appear on the official
16    list of eligible voters for the precinct in which the
17    person seeks to vote and the person has refused an
18    opportunity to register at the polling location or another
19    grace period registration site. The official list is the
20    centralized statewide voter registration list established
21    and maintained in accordance with Section 1A-25;
22        (2) The person's voting status has been challenged by
23    an election judge, a pollwatcher, or any legal voter and
24    that challenge has been sustained by a majority of the
25    election judges;

 

 

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1        (3) A federal or State court order extends the time for
2    closing the polls beyond the time period established by
3    State law and the person votes during the extended time
4    period;
5        (4) The voter registered to vote by mail and is
6    required by law to present identification when voting
7    either in person or by early voting absentee ballot, but
8    fails to do so;
9        (5) The voter's name appears on the list of voters who
10    voted during the early voting period, but the voter claims
11    not to have voted during the early voting period; or
12        (6) The voter received a vote by mail an absentee
13    ballot but did not return the vote by mail absentee ballot
14    to the election authority; or
15        (7) The voter attempted to register to vote on election
16    day, but failed to provide the necessary documentation
17    registered to vote during the grace period on the day
18    before election day or on election day during the 2014
19    general election.
20    (b) The procedure for obtaining and casting a provisional
21ballot at the polling place shall be as follows:
22        (1) After first verifying through an examination of the
23    precinct register that the person's address is within the
24    precinct boundaries, an election judge at the polling place
25    shall notify a person who is entitled to cast a provisional
26    ballot pursuant to subsection (a) that he or she may cast a

 

 

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

 

 

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

 

 

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

 

 

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1    provisional ballot, he or she shall place the marked ballot
2    inside of the provisional ballot envelope, close and seal
3    the envelope, and return the envelope to an election judge,
4    who shall then deposit the sealed provisional ballot
5    envelope into a securable container separately identified
6    and utilized for containing sealed provisional ballot
7    envelopes. Ballots that are provisional because they are
8    cast after 7:00 p.m. by court order shall be kept separate
9    from other provisional ballots. Upon the closing of the
10    polls, the securable container shall be sealed with
11    filament tape provided for that purpose, which shall be
12    wrapped around the box lengthwise and crosswise, at least
13    twice each way, and each of the election judges shall sign
14    the seal.
15    (c) Instead of the affidavit form described in subsection
16(b), the county clerk or board of election commissioners, as
17the case may be, may design and use a multi-part affidavit form
18that is imprinted upon or attached to the provisional ballot
19envelope described in subsection (b). If a county clerk or
20board of election commissioners elects to design and use its
21own multi-part affidavit form, then the county clerk or board
22of election commissioners shall establish a mechanism for
23accepting any information the provisional voter has supplied to
24the election judge to support his or her claim that he or she
25is a duly registered voter. In all other respects, a county
26clerk or board of election commissioners shall establish

 

 

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1procedures consistent with subsection (b).
2    (d) The county clerk or board of election commissioners, as
3the case may be, shall use the completed affidavit form
4described in subsection (b) to update the person's voter
5registration information in the State voter registration
6database and voter registration database of the county clerk or
7board of election commissioners, as the case may be. If a
8person is later determined not to be a registered voter based
9on Section 18A-15 of this Code, then the affidavit shall be
10processed by the county clerk or board of election
11commissioners, as the case may be, as a voter registration
12application.
13(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
 
14    (10 ILCS 5/18A-15)
15    Sec. 18A-15. Validating and counting provisional ballots.
16    (a) The county clerk or board of election commissioners
17shall complete the validation and counting of provisional
18ballots within 14 calendar days of the day of the election. The
19county clerk or board of election commissioners shall have 7
20calendar days from the completion of the validation and
21counting of provisional ballots to conduct its final canvass.
22The State Board of Elections shall complete within 31 calendar
23days of the election or sooner if all the returns are received,
24its final canvass of the vote for all public offices.
25    (b) If a county clerk or board of election commissioners

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1before the county clerk or board of election commissioners or
2as a matter of policy require provisional voters to submit
3additional information to verify or otherwise support the
4information already submitted by the provisional voter. Within
52 calendar days after the election, the election authority
6shall transmit by electronic means pursuant to a process
7established by the State Board of Elections the name, street
8address, e-mail address, and precinct, ward, township, and
9district numbers, as the case may be, of each person casting a
10provisional ballot to the State Board of Elections, which shall
11maintain those names and that information in an electronic
12format on its website, arranged by county and accessible to
13State and local political committees. The provisional voter
14may, within 7 calendar days after the election, submit
15additional information to the county clerk or board of election
16commissioners. This information must be received by the county
17clerk or board of election commissioners within the
187-calendar-day period.
19    (e) If the county clerk or board of election commissioners
20determines that subsection (b)(1), (b)(2), or (b)(3) does not
21apply, then the provisional ballot is not valid and may not be
22counted. The provisional ballot envelope containing the ballot
23cast by the provisional voter may not be opened. The county
24clerk or board of election commissioners shall write on the
25provisional ballot envelope the following: "Provisional ballot
26determined invalid.".

 

 

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

 

 

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1spoiled. All provisional ballot envelopes for provisional
2voters who have been determined not to be registered to vote
3shall remain sealed. The county clerk or board of election
4commissioners shall treat the provisional ballot envelope
5containing the written affidavit as a voter registration
6application for that person for the next election and process
7that application. The election judges or election officials
8shall then securely seal each envelope or bag, initial the
9envelope or bag, and plainly mark on the outside of the
10envelope or bag in ink the precinct in which the provisional
11ballots were cast. The election judges or election officials
12shall then place each sealed envelope or bag into a box, secure
13and seal it in the same manner as described in item (6) of
14subsection (b) of Section 18A-5. Each election judge or
15election official shall take and subscribe an oath before the
16county clerk or board of election commissioners that the
17election judge or election official securely kept the ballots
18and papers in the box, did not permit any person to open the
19box or otherwise touch or tamper with the ballots and papers in
20the box, and has no knowledge of any other person opening the
21box. For purposes of this Section, the term "election official"
22means the county clerk, a member of the board of election
23commissioners, as the case may be, and their respective
24employees.
25(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2698-691, eff. 7-1-14.)
 

 

 

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1    (10 ILCS 5/18A-218 new)
2    Sec. 18A-218. Interpretation of Article 18A. The Sections
3of this Article following this Section shall be supplemental to
4all other provisions of this Article and are intended to
5provide procedural requirements for the implementation of the
6provisions of this Article. In the case of a conflict between
7the Sections following this Section and the Sections preceding
8this Section, the Sections preceding this Section shall
9prevail.
 
10    (10 ILCS 5/18A-218.10 new)
11    Sec. 18A-218.10. Definitions relating to provisional
12ballots.
13    (a) As used in this Article:
14        "Citywide or villagewide office" means an office
15    elected by the electors of an entire municipality.
16        "Correct precinct" means the precinct containing the
17    addresses at which the provisional voter resides and at
18    which he or she is registered to vote.
19        "Countywide office" means the offices of Clerk,
20    Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
21    Auditor, County Board President, County Board Member or
22    County Commissioner in those counties that elect those
23    officers countywide, Coroner, Regional Superintendent of
24    Schools, Sanitary District Commissioners or Trustees,

 

 

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1    Assessor, Board of Review Members in those counties that
2    elect those officers countywide, and Treasurer.
3        "Election authority" means either the County Clerk,
4    County Board of Election Commissioners, or Municipal Board
5    of Election Commissioners, as the case may be.
6        "Election jurisdiction" means an entire county, in the
7    case of a county in which no city board of election
8    commissioners is located or that is under the jurisdiction
9    of a county board of election commissioners; the
10    territorial jurisdiction of a city board of election
11    commissioners; and the territory in a county outside of the
12    jurisdiction of a city board of election commissioners.
13    Election jurisdictions shall be determined according to
14    which election authority maintains the permanent
15    registration records of qualified electors.
16        "Incorrect precinct" means the precinct in which the
17    voter cast a provisional ballot, but is not the precinct
18    containing the address at which he or she is registered to
19    vote. In order for a provisional ballot to be eligible for
20    counting when cast in an incorrect precinct, that precinct
21    must be located within either the county or municipality in
22    which the voter is registered.
23        "Leading established political party" means one of the
24    two political parties whose candidates for Governor at the
25    most recent 3 gubernatorial elections received either the
26    highest or second highest average number of votes. The

 

 

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1    first leading political party is the party whose candidate
2    for Governor received the highest average number of votes
3    in the 3 most recent gubernatorial elections and the second
4    leading political party is the party whose candidate for
5    Governor received the second highest average number of
6    votes in the 3 most recent gubernatorial elections.
7        "Legislative district" means the district in which an
8    Illinois State Senator is elected to serve the residents.
9        "Persons entitled to vote provisionally" or
10    "provisional voter" means a person claiming to be a
11    registered voter who is entitled by Section 18A-5 of this
12    Code to vote a provisional ballot under the following
13    circumstances:
14            (1) The person's name does not appear on the
15        official list of eligible voters for the precinct in
16        which the person seeks to vote and the person has
17        refused an opportunity to register at the polling
18        location or another grace period registration site.
19            (2) The person's voting status has been
20        successfully challenged by an election judge, a
21        pollwatcher or any legal voter.
22            (3) A federal or State court order extends the time
23        for closing the polls beyond the time period
24        established by State law and the person votes during
25        the extended time period.
26            (4) The voter registered to vote by mail and is

 

 

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1        required by law to present identification when voting
2        either in person or by vote by mail ballot, but fails
3        to do so.
4            (5) The voter's name appears on the list of voters
5        who voted during the early voting period, but the voter
6        claims not to have voted during the early voting
7        period.
8            (6) The voter received a vote by mail ballot but
9        did not return the vote by mail ballot to the election
10        authority, and failed to surrender it to the election
11        judges.
12            (7) The voter attempted to register to vote on
13        election day, but failed to provide the necessary
14        documentation.
15        "Representative district" means the district from
16    which an Illinois State Representative is elected to serve
17    the residents.
18        "Statewide office" means the Constitutional offices of
19    Governor and Lt. Governor running jointly, Secretary of
20    State, Attorney General, Comptroller, and Treasurer.
21        "Township office" means an office elected by the
22    electors of an entire township.
23    (b) Procedures for Voting Provisionally in the Polling
24Place.
25        (1) If any of the 7 reasons cited in the definition of
26    provisional voter in subsection (a) for casting a

 

 

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1    provisional ballot exists, an election judge must accept
2    any information provided by a person who casts a
3    provisional ballot that the person believes supports his or
4    her claim that he or she is a duly registered voter and
5    qualified to vote in the election. However, if the person's
6    residence address is outside the precinct boundaries, the
7    election judge shall inform the person of that fact, give
8    the person the appropriate telephone number of the election
9    authority in order to locate the polling place assigned to
10    serve that address (or consult any alternative tools
11    provided by the election authority for determining a
12    voter's correct precinct polling place) and instruct the
13    person to go to the proper polling place to vote.
14        (2) Once it has been determined by the election judges
15    that the person is entitled to receive a provisional
16    ballot, and the voter has completed the provisional voter
17    affidavit, the voter shall be given a provisional ballot
18    and shall proceed to vote that ballot. Upon receipt of the
19    ballot by the election judges, the ballot shall be
20    transmitted to the election authority in accordance with
21    subsection (a) of Section 18A-10 of this Code.
22        (3) In the event that a provisional ballot is
23    mistakenly cast in a precinct other than the precinct that
24    contains the voter's address of registration (if the voter
25    believed he or she registered in the precinct in which he
26    or she voted provisionally, and the election judges should

 

 

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1    have, but did not direct the voter to vote in the correct
2    precinct), Section 218.20 shall apply.
 
3    (10 ILCS 5/18A-218.20 new)
4    Sec. 18A-218.20. Counting procedures for provisional
5ballots cast in an incorrect precinct within the same election
6authority's jurisdiction.
7    (a) The election authority shall:
8        (1) transmit to the State Board of Elections the
9    provisional voter's identifying information and voting
10    jurisdiction within 2 calendar days. Following that, and
11    subject to paragraph (2) below, if the election authority
12    having jurisdiction over the provisional voter determines
13    that the voter has cast a provisional ballot in an
14    incorrect precinct, the ballot shall still be counted using
15    the procedures established in subsection (b) of this
16    Section or Section 18A-218.30 if applicable. Jurisdictions
17    that use election machines authorized pursuant to Article
18    24C of this Code for casting provisional ballots may vary
19    procedures of this Section and Section 18A-218.30 as
20    appropriate for the counting of provisional ballots cast on
21    those machines.
22        (2) determine whether the voter was entitled to cast a
23    provisional ballot. The voter is entitled to cast a
24    provisional ballot if:
25            (A) the affidavit executed by the voter contains,

 

 

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1        at a minimum, the provisional voter's first and last
2        name, house number and street name, and signature or
3        mark;
4            (B) the provisional voter is a registered voter
5        based on information available to the county clerk or
6        board of election commissioners provided by or
7        obtained from the provisional voter, an election
8        judge, the Statewide voter registration database
9        maintained by the State Board of Elections, the records
10        of the county clerk or board of election commissioners'
11        database, or the records of the Secretary of State or
12        the voter is attempting to register but lacks the
13        necessary documentation; and
14            (C) the provisional voter did not vote using the
15        vote by mail ballot and did not vote during the period
16        for early voting.
17    (b) Once it has been determined by the election authority
18that the voter was entitled to vote a provisional ballot, even
19though it had been cast in an incorrect precinct, the election
20authority shall select a team or teams of 2 duly commissioned
21election judges, one from each of the two leading established
22political parties in Illinois, to count the votes that are
23eligible to be cast on the provisional ballot. In those
24jurisdictions that use election officials as defined in
25subsection (h) of Section 18A-15 of this Code, these duties may
26be performed by those election officials.

 

 

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1        (1) Votes cast for Statewide offices, the Office of
2    President of the United States (including votes cast in the
3    Presidential Preference Primary), and United States Senate
4    shall be counted on all provisional ballots cast in the
5    incorrect precinct.
6        (2) Votes cast for Representative in Congress,
7    delegate or alternate delegate to a national nominating
8    convention, State Senator, State Representative, or
9    countywide, citywide, villagewide, or township office
10    shall be counted if it is determined by the election judges
11    or officials that the voter would have been entitled to
12    vote for one or more of these offices had the voter voted
13    in the precinct in which he or she is registered to vote
14    (the correct precinct) and had the voter voted a ballot of
15    the correct ballot style containing all the offices and
16    candidates for which the voter was entitled to cast a
17    ballot (the correct ballot style). This determination
18    shall be made by comparing a sample ballot of the correct
19    ballot style with the actual provisional ballot cast by the
20    voter. If the same office (including the same district
21    number for a Congressional, Legislative or Representative
22    district) appears on both the correct ballot style sample
23    ballot and the provisional ballot cast by the voter, votes
24    for that office shall be counted. All votes cast for any
25    remaining offices (offices for which the voter would not
26    have been entitled to vote had he or she voted in the

 

 

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1    correct precinct) shall not be counted.
2        (3) No votes shall be counted for an office when the
3    voter voted for more candidates than he or she was allowed.
4        (4) Once it has been determined which offices are to be
5    counted and the provisional ballot contains no other votes,
6    the provisional ballot shall be counted pursuant to the
7    procedures set forth in this subsection (b).
8        (5) If a provisional ballot does not contain any valid
9    votes, the provisional ballot shall be marked invalid and
10    shall not be counted.
11        (6) Any provisional voting verification system
12    established by an election authority shall inform the
13    provisional voter that his or her provisional ballot was
14    partially counted because it was cast in an incorrect
15    precinct.
16        (7) If a provisional ballot only contains votes cast
17    for eligible offices, and does not contain any votes cast
18    for ineligible offices, the ballot may be tabulated without
19    having to be remade.
20        (8) If a provisional ballot contains both valid votes
21    that must be counted and invalid votes that cannot be
22    counted:
23            (A) the election judges, consisting in each case of
24        at least one of each of the 2 leading political
25        parties, shall, if the provisional ballot was cast on a
26        paper ballot sheet, proceed to remake the voted ballot

 

 

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1        onto a blank ballot that includes all of the offices
2        for which valid votes were cast, transferring only
3        valid votes. The original provisional ballot shall be
4        marked "Original Provisional Ballot" with a serial
5        number commencing at "1" and continuing consecutively
6        for ballots of that kind in the precinct. The duplicate
7        provisional ballot shall be marked "Duplicate
8        Provisional Ballot" and be given the same serial number
9        as the original ballot from which it was duplicated.
10        The duplicate provisional ballot shall then be treated
11        in the same manner as other provisional ballots.
12            (B) if the provisional ballot was cast on a direct
13        recording electronic voting device, the election
14        judges shall mark the original provisional ballot as a
15        partially counted defective electronic provisional
16        ballot because it was cast in the incorrect precinct
17        (or bear some similar notation) and proceed to either:
18                (i) remake the voted ballot by transferring
19            all valid votes to a duplicate paper ballot sheet
20            of the correct ballot style, marking the duplicate
21            ballot "Duplicate Electronic Provisional Ballot"
22            and then counting the duplicate provisional ballot
23            in the same manner as the other provisional ballots
24            marked on paper ballot sheets; or
25                (ii) transfer, or cause to be transferred, all
26            valid votes electronically to the correct

 

 

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1            precinct, which shall be counted and added to the
2            vote totals for the correct precinct, excluding
3            any votes that cannot be counted. If this method is
4            used, a permanent paper record must be generated
5            for both the defective provisional ballot and the
6            duplicate electronic provisional ballot.
7    (c) For provisional ballots cast at a partisan primary
8election, the judges shall use a duplicate ballot of the
9correct ballot style for the same political party as the ballot
10chosen by the voter.
11    (d) At least one qualified pollwatcher for each candidate,
12political party, and civic organization, as authorized by
13Section 17-23 of this Code, shall be permitted to observe the
14ballot remaking process.
 
15    (10 ILCS 5/18A-218.30 new)
16    Sec. 18A-218.30. Counting procedures for provisional
17ballots cast in an incorrect precinct within a different
18election authority's jurisdiction.
19    (a) The election authority having possession of the
20provisional ballot shall first notify the election authority
21having jurisdiction over the provisional voter that the voter
22cast a provisional ballot in its jurisdiction and provide
23whatever information is needed for the election authority to
24comply with the notification requirements set forth in
25subsection (d) of Section 18A-15 of this Code. For purpose of

 

 

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1determining which election authority has jurisdiction over the
2provisional voter, the election authority having possession of
3the provisional ballot shall use the address listed on the
4provisional ballot affidavit that was provided by the voter. If
5that address is different from the address at which the voter
6is registered, the ballot shall be rejected; however, the
7affidavit shall serve as a request to register at that address.
8If a voter cast a provisional ballot in an incorrect precinct
9located in the jurisdiction of an election authority other than
10the election authority having jurisdiction over the voter's
11correct precinct, but where the precinct is located within the
12same county as the 2 election authorities (e.g., a voter is
13registered in the City of Chicago, but casts a provisional
14ballot in suburban Cook County), the election authority in
15whose territory the provisional ballot was cast shall, after
16receipt of the provisional ballot, transmit it, along with the
17provisional voter's affidavit and any other documentation
18provided to the election judges, to the office of the election
19authority having jurisdiction over the voter's correct
20precinct. The ballot shall be sealed in a secure envelope or
21other suitable container and transmitted within 8 business days
22after the election at which it was cast. If the locations of
23the election authorities' offices are such that it is feasible
24to hand deliver the ballot, the ballot shall be sealed in a
25secure envelope and transmitted in that manner by 2 election
26judges (or election officials), one from each of the 2 leading

 

 

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1political parties. If the locations of the 2 election
2authorities are such that it is not feasible to hand deliver
3the ballot, the election authority having jurisdiction over the
4incorrect precinct shall cause the ballot to be sealed in a
5secure envelope and transmitted via express mail within 8
6business days after the election at which the ballot was cast,
7with a delivery date no later than the second business day
8following the mailing date. Upon receipt of the ballot by the
9election authority having jurisdiction over the correct
10precinct, the election authority shall proceed to remake, and
11count the votes on, the provisional ballot in accordance with
12the procedures described in Section 18A-218.20, including the
13determination of eligibility to cast a provisional ballot. Any
14information provided to the election authority within the 7 day
15period provided for in Section 18A-15 of this Code shall be
16sealed in a secure envelope and transmitted to the office of
17the election authority having jurisdiction over the voter's
18correct precinct, along with the provisional ballot of that
19voter.
20    (b) Incorrect precinct is located in a different county
21from the county where the voter is registered, but is located
22in the same municipality or legislative district as the one in
23which the voter is registered:
24        (1) The election authority having possession of the
25    provisional ballot shall first notify the election
26    authority having jurisdiction over the provisional voter

 

 

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1    that the voter cast a provisional ballot in its
2    jurisdiction and provide whatever information is needed
3    for the election authority to comply with the notification
4    requirements set forth in subsection (d) of Section 18A-15
5    of this Code. For purposes of determining which election
6    authority has jurisdiction over the provisional voter, the
7    election authority having possession of the provisional
8    ballot shall use the address listed on the provisional
9    ballot affidavit that was provided by the voter. If that
10    address is different from the address at which the voter is
11    registered, the ballot shall be rejected; however, the
12    affidavit shall serve as a request to register at that
13    address. The election authority shall then cause the
14    ballot, along with the provisional voter's affidavit and
15    any other documentation provided to the election judges, to
16    be transmitted via express mail within 8 business days
17    after the election at which the ballot was cast, with a
18    delivery date no later than the second business day
19    following the mailing date. Upon receipt of the ballot by
20    the election authority having jurisdiction over the
21    correct precinct, that election authority shall proceed to
22    remake and count the votes on the provisional ballot in
23    accordance with the procedures described in Section
24    18A-218.20, including the determination of eligibility to
25    cast a provisional ballot. Any information provided to the
26    election authority within the 7 day period provided for in

 

 

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1    Section 18A-15 of this Code shall be transmitted to the
2    office of the election authority having jurisdiction over
3    the voter's correct precinct, along with the provisional
4    ballot of that voter.
5        (2) If a voter casts a provisional ballot in a precinct
6    outside of the county in which he or she is registered and
7    outside of the municipality, representative district, or
8    legislative district in which he or she is registered (if
9    applicable), the ballot shall not be counted. It shall,
10    however, be transmitted via the U.S. Postal Service to the
11    election authority having jurisdiction over the voter's
12    correct precinct within 14 days after the election and
13    shall be kept for 2 months, the same length of time as is
14    required for other voted ballots.
15    For purposes of determining which election authority has
16jurisdiction over the provisional voter, the election
17authority having possession of the provisional ballot shall use
18the address listed on the provisional ballot affidavit that was
19provided by the voter. If such address is different from the
20address at which the voter is registered, the ballot shall be
21rejected, however the affidavit shall serve as a request to
22register at such address.
 
23    (10 ILCS 5/18A-218.40 new)
24    Sec. 18A-218.40. Follow-up procedures for provisional
25ballots. The original provisional ballot cast by the voter

 

 

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1shall be stored separately from other ballots voted in the
2election and shall be preserved in the same manner as original
3ballots that had to be remade for other reasons, such as a
4damaged ballot or as a result of a voter over-voting an office.
 
5    (10 ILCS 5/Art. 19 heading)
6
ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS

 
7    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
8    Sec. 19-2. Any elector as defined in Section 19-1 may by
9mail or electronically on the website of the appropriate
10election authority, not more than 90 nor less than 5 days prior
11to the date of such election, or by personal delivery not more
12than 90 nor less than one day prior to the date of such
13election, make application to the county clerk or to the Board
14of Election Commissioners for an official ballot for the
15voter's precinct to be voted at such election. The URL address
16at which voters may electronically request a vote by mail an
17absentee ballot shall be fixed no later than 90 calendar days
18before an election and shall not be changed until after the
19election. Such a ballot shall be delivered to the elector only
20upon separate application by the elector for each election.
21(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691,
22eff. 7-1-14.)
 
23    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)

 

 

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1    Sec. 19-3. The application for vote by mail absentee ballot
2shall be substantially in the following form:
3
APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT
4    To be voted at the .... election in the County of .... and
5State of Illinois, in the .... precinct of the (1) *township of
6.... (2) *City of .... or (3) *.... ward in the City of ....
7    I state that I am a resident of the .... precinct of the
8(1) *township of .... (2) *City of .... or (3) *.... ward in
9the city of .... residing at .... in such city or town in the
10county of .... and State of Illinois; that I have lived at such
11address for .... month(s) last past; that I am lawfully
12entitled to vote in such precinct at the .... election to be
13held therein on ....; and that I wish to vote by vote by mail
14absentee ballot.
15    I hereby make application for an official ballot or ballots
16to be voted by me at such election, and I agree that I shall
17return such ballot or ballots to the official issuing the same
18prior to the closing of the polls on the date of the election
19or, if returned by mail, postmarked no later than midnight
20preceding election day, for counting no later than during the
21period for counting provisional ballots, the last day of which
22is the 14th day following election day.
23    I understand that this application is made for an official
24vote by mail absentee ballot or ballots to be voted by me at
25the election specified in this application and that I must
26submit a separate application for an official vote by mail

 

 

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1absentee ballot or ballots to be voted by me at any subsequent
2election.
3    Under penalties as provided by law pursuant to Section
429-10 of The Election Code, the undersigned certifies that the
5statements set forth in this application are true and correct.
6
....
7
*fill in either (1), (2) or (3).
8
Post office address to which ballot is mailed:
9...............
10    However, if application is made for a primary election
11ballot, such application shall require the applicant to
12designate the name of the political party with which the
13applicant is affiliated.
14    If application is made electronically, the applicant shall
15mark the box associated with the above described statement
16included as part of the online application certifying that the
17statements set forth in this application are true and correct,
18and a signature is not required.
19    Any person may produce, reproduce, distribute, or return to
20an election authority the application for vote by mail absentee
21ballot. Upon receipt, the appropriate election authority shall
22accept and promptly process any application for vote by mail
23absentee ballot submitted in a form substantially similar to
24that required by this Section, including any substantially
25similar production or reproduction generated by the applicant.
26(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 

 

 

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1    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
2    Sec. 19-4. Mailing or delivery of ballots; time.
3Immediately upon the receipt of such application either by mail
4or electronic means, not more than 90 40 days nor less than 5
5days prior to such election, or by personal delivery not more
6than 90 40 days nor less than one day prior to such election,
7at the office of such election authority, it shall be the duty
8of such election authority to examine the records to ascertain
9whether or not such applicant is lawfully entitled to vote as
10requested, including a verification of the applicant's
11signature by comparison with the signature on the official
12registration record card, and if found so to be entitled to
13vote, to post within one business day thereafter the name,
14street address, ward and precinct number or township and
15district number, as the case may be, of such applicant given on
16a list, the pages of which are to be numbered consecutively to
17be kept by such election authority for such purpose in a
18conspicuous, open and public place accessible to the public at
19the entrance of the office of such election authority, and in
20such a manner that such list may be viewed without necessity of
21requesting permission therefor. Within one day after posting
22the name and other information of an applicant for a vote by
23mail an absentee ballot, the election authority shall transmit
24by electronic means pursuant to a process established by the
25State Board of Elections that name and other posted information

 

 

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1to the State Board of Elections, which shall maintain those
2names and other information in an electronic format on its
3website, arranged by county and accessible to State and local
4political committees. Within 2 business days after posting a
5name and other information on the list within its office, but
6no sooner than 40 days before an election, the election
7authority shall mail, postage prepaid, or deliver in person in
8such office an official ballot or ballots if more than one are
9to be voted at said election. Mail delivery of Temporarily
10Absent Student ballot applications pursuant to Section 19-12.3
11shall be by nonforwardable mail. However, for the consolidated
12election, vote by mail absentee ballots for certain precincts
13may be delivered to applicants not less than 25 days before the
14election if so much time is required to have prepared and
15printed the ballots containing the names of persons nominated
16for offices at the consolidated primary. The election authority
17shall enclose with each vote by mail absentee ballot or
18application written instructions on how voting assistance
19shall be provided pursuant to Section 17-14 and a document,
20written and approved by the State Board of Elections, informing
21the vote by mail voter of the required postage for returning
22the application and ballot, and enumerating the circumstances
23under which a person is authorized to vote by vote by mail
24absentee ballot pursuant to this Article; such document shall
25also include a statement informing the applicant that if he or
26she falsifies or is solicited by another to falsify his or her

 

 

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1eligibility to cast a vote by mail an absentee ballot, such
2applicant or other is subject to penalties pursuant to Section
329-10 and Section 29-20 of the Election Code. Each election
4authority shall maintain a list of the name, street address,
5ward and precinct, or township and district number, as the case
6may be, of all applicants who have returned vote by mail
7absentee ballots to such authority, and the name of such vote
8by mail absent voter shall be added to such list within one
9business day from receipt of such ballot. If the vote by mail
10absentee ballot envelope indicates that the voter was assisted
11in casting the ballot, the name of the person so assisting
12shall be included on the list. The list, the pages of which are
13to be numbered consecutively, shall be kept by each election
14authority in a conspicuous, open, and public place accessible
15to the public at the entrance of the office of the election
16authority and in a manner that the list may be viewed without
17necessity of requesting permission for viewing.
18    Each election authority shall maintain a list for each
19election of the voters to whom it has issued vote by mail
20absentee ballots. The list shall be maintained for each
21precinct within the jurisdiction of the election authority.
22Prior to the opening of the polls on election day, the election
23authority shall deliver to the judges of election in each
24precinct the list of registered voters in that precinct to whom
25vote by mail absentee ballots have been issued by mail.
26    Each election authority shall maintain a list for each

 

 

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1election of voters to whom it has issued temporarily absent
2student ballots. The list shall be maintained for each election
3jurisdiction within which such voters temporarily abide.
4Immediately after the close of the period during which
5application may be made by mail or electronic means for vote by
6mail absentee ballots, each election authority shall mail to
7each other election authority within the State a certified list
8of all such voters temporarily abiding within the jurisdiction
9of the other election authority.
10    In the event that the return address of an application for
11ballot by a physically incapacitated elector is that of a
12facility licensed or certified under the Nursing Home Care Act,
13the Specialized Mental Health Rehabilitation Act of 2013, or
14the ID/DD Community Care Act, within the jurisdiction of the
15election authority, and the applicant is a registered voter in
16the precinct in which such facility is located, the ballots
17shall be prepared and transmitted to a responsible judge of
18election no later than 9 a.m. on the Saturday, Sunday or Monday
19immediately preceding the election as designated by the
20election authority under Section 19-12.2. Such judge shall
21deliver in person on the designated day the ballot to the
22applicant on the premises of the facility from which
23application was made. The election authority shall by mail
24notify the applicant in such facility that the ballot will be
25delivered by a judge of election on the designated day.
26    All applications for vote by mail absentee ballots shall be

 

 

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1available at the office of the election authority for public
2inspection upon request from the time of receipt thereof by the
3election authority until 30 days after the election, except
4during the time such applications are kept in the office of the
5election authority pursuant to Section 19-7, and except during
6the time such applications are in the possession of the judges
7of election.
8(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
9eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
1098-756, eff. 7-16-14.)
 
11    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
12    Sec. 19-5. It shall be the duty of the election authority
13to fold the ballot or ballots in the manner specified by the
14statute for folding ballots prior to their deposit in the
15ballot box, and to enclose such ballot or ballots in an
16envelope unsealed to be furnished by him, which envelope shall
17bear upon the face thereof the name, official title and post
18office address of the election authority, and upon the other
19side a printed certification in substantially the following
20form:
21    I state that I am a resident of the .... precinct of the
22(1) *township of .... (2) *City of .... or (3) *.... ward in
23the city of .... residing at .... in such city or town in the
24county of .... and State of Illinois, that I have lived at such
25address for .... months last past; and that I am lawfully

 

 

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

 

 

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1
(Individual rendering assistance)
2
.................................
3
(Residence Address)
4    Under penalties of perjury as provided by law pursuant to
5Section 29-10 of The Election Code, the undersigned certifies
6that the statements set forth in this certification are true
7and correct.
8
.......................
9    In the case of a voter with a physical incapacity, marking
10a ballot in secret includes marking a ballot with the
11assistance of another individual, other than a candidate whose
12name appears on the ballot (unless the voter is the spouse or a
13parent, child, brother, or sister of the candidate), the
14voter's employer, an agent of that employer, or an officer or
15agent of the voter's union, when the voter's physical
16incapacity necessitates such assistance.
17    In the case of a physically incapacitated voter, marking a
18ballot in secret includes marking a ballot with the assistance
19of another individual, other than a candidate whose name
20appears on the ballot (unless the voter is the spouse or a
21parent, child, brother, or sister of the candidate), the
22voter's employer, an agent of that employer, or an officer or
23agent of the voter's union, when the voter's physical
24incapacity necessitates such assistance.
25    Provided, that if the ballot enclosed is to be voted at a
26primary election, the certification shall designate the name of

 

 

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1the political party with which the voter is affiliated.
2    In addition to the above, the election authority shall
3provide printed slips giving full instructions regarding the
4manner of marking and returning the ballot in order that the
5same may be counted, and shall furnish one of such printed
6slips to each of such applicants at the same time the ballot is
7delivered to him. Such instructions shall include the following
8statement: "In signing the certification on the vote by mail
9absentee ballot envelope, you are attesting that you personally
10marked this vote by mail absentee ballot in secret. If you are
11physically unable to mark the ballot, a friend or relative may
12assist you after completing the enclosed affidavit. Federal and
13State laws prohibit a candidate whose name appears on the
14ballot (unless you are the spouse or a parent, child, brother,
15or sister of the candidate), your employer, your employer's
16agent or an officer or agent of your union from assisting
17physically disabled voters."
18    In addition to the above, if a ballot to be provided to an
19elector pursuant to this Section contains a public question
20described in subsection (b) of Section 28-6 and the territory
21concerning which the question is to be submitted is not
22described on the ballot due to the space limitations of such
23ballot, the election authority shall provide a printed copy of
24a notice of the public question, which shall include a
25description of the territory in the manner required by Section
2616-7. The notice shall be furnished to the elector at the same

 

 

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1time the ballot is delivered to the elector.
2(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
3    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
4    Sec. 19-6. Such vote by mail absent voter shall make and
5subscribe to the certifications provided for in the application
6and on the return envelope for the ballot, and such ballot or
7ballots shall be folded by such voter in the manner required to
8be folded before depositing the same in the ballot box, and be
9deposited in such envelope and the envelope securely sealed.
10The voter shall then endorse his certificate upon the back of
11the envelope and the envelope shall be mailed in person by such
12voter, postage prepaid, to the election authority issuing the
13ballot or, if more convenient, it may be delivered in person,
14by either the voter or by any person authorized by the voter a
15spouse, parent, child, brother or sister of the voter, or by a
16company licensed as a motor carrier of property by the Illinois
17Commerce Commission under the Illinois Commercial
18Transportation Law, which is engaged in the business of making
19deliveries. It shall be unlawful for any person not the voter
20or a person authorized by the voter, his or her spouse, parent,
21child, brother, or sister, or a representative of a company
22engaged in the business of making deliveries to the election
23authority to take the ballot and ballot envelope of a voter for
24deposit into the mail unless the ballot has been issued
25pursuant to application by a physically incapacitated elector

 

 

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1under Section 3-3 or a hospitalized voter under Section 19-13,
2in which case any employee or person under the direction of the
3facility in which the elector or voter is located may deposit
4the ballot and ballot envelope into the mail. If the voter
5authorized a person to deliver the ballot to the election
6authority, the voter and the person authorized to deliver the
7ballot shall complete the authorization printed on the exterior
8envelope supplied by an election authority for the return of
9the vote by mail ballot. The exterior of the envelope supplied
10by an election authority for the return of the vote by mail
11ballot shall include an authorization in substantially the
12following form:
 
13    I ............ (voter) authorize ............... to take
14the necessary steps to have this ballot delivered promptly to
15the office of the election authority.
 
16.......................              ........................
17         Date                           Signature of voter
 
18...............................................
19Printed Name of Authorized Delivery Agent
 
20...............................................
21Signature of Authorized Delivery Agency
 

 

 

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1...............................................
2Date Delivered to the Election Authority
3If an absentee voter gives his ballot and ballot envelope to a
4spouse, parent, child, brother or sister of the voter or to a
5company which is engaged in the business of making deliveries
6for delivery to the election authority, the voter shall give an
7authorization form to the person making the delivery. The
8person making the delivery shall present the authorization to
9the election authority. The authorization shall be in
10substantially the following form:
11    I ............ (absentee voter) authorize ...............
12to take my ballot to the office of the election authority.
13.......................              ........................
14         Date                           Signature of voter
 
15.......................              ........................
16         Hour                                 Address
 
17.......................              ........................
18         Date                        Signature of Authorized
19                                            Individual
 
20.......................              ........................
21         Hour                          Relationship (if any)
22(Source: P.A. 89-653, eff. 8-14-96.)
 

 

 

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1    (10 ILCS 5/19-7)  (from Ch. 46, par. 19-7)
2    Sec. 19-7. (a) Upon receipt of such vote by mail absent
3voter's ballot, the election authority shall forthwith enclose
4the same unopened, together with the application made by said
5vote by mail absent voter in a large or carrier envelope which
6shall be securely sealed and endorsed with the name and
7official title of such officer and the words, "This envelope
8contains a vote by mail an absent voter's ballot and must be
9opened on election day," together with the number and
10description of the precinct in which said ballot is to be
11voted, and such officer shall thereafter safely keep the same
12in his office until counted by him as provided in the next
13section.
14    (b) Within one day after receipt of such vote by mail
15absent voter's ballot, the election authority shall transmit,
16by electronic means pursuant to a process established by the
17State Board of Elections, the voter's name, street address,
18e-mail address, and precinct, ward, township, and district
19numbers, as the case may be, to the State Board of Elections,
20which shall maintain those names and that information in an
21electronic format on its website, arranged by county and
22accessible to State and local political committees.
23(Source: P.A. 98-115, eff. 7-29-13.)
 
24    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
25    Sec. 19-8. Time and place of counting ballots.

 

 

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1    (a) (Blank.)
2    (b) Each vote by mail absent voter's ballot returned to an
3election authority, by any means authorized by this Article,
4and received by that election authority before the closing of
5the polls on election day shall be endorsed by the receiving
6election authority with the day and hour of receipt and may be
7processed by the election authority beginning on the 15th day
8before election day shall be counted in the central ballot
9counting location of the election authority, but the results of
10the processing may not be counted until on the day of the
11election after 7:00 p.m., except as provided in subsections (g)
12and (g-5).
13    (c) Each vote by mail absent voter's ballot that is mailed
14to an election authority and postmarked no later than by the
15midnight preceding the opening of the polls on election day,
16but that is received by the election authority after the polls
17close on election day and before the close of the period for
18counting provisional ballots cast at that election, shall be
19endorsed by the receiving authority with the day and hour of
20receipt and shall be counted at the central ballot counting
21location of the election authority during the period for
22counting provisional ballots.
23    Each vote by mail absent voter's ballot that is mailed to
24an election authority absent a postmark, but that is received
25by the election authority after the polls close on election day
26and before the close of the period for counting provisional

 

 

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1ballots cast at that election, shall be endorsed by the
2receiving authority with the day and hour of receipt, opened to
3inspect the date inserted on the certification, and, if the
4certification date is a date preceding the election day and the
5ballot is otherwise found to be valid under the requirements of
6this Section, counted at the central ballot counting location
7of the election authority during the period for counting
8provisional ballots. Absent a date on the certification, the
9ballot shall not be counted.
10    (d) Special write-in vote by mail absentee voter's blank
11ballots returned to an election authority, by any means
12authorized by this Article, and received by the election
13authority at any time before the closing of the polls on
14election day shall be endorsed by the receiving election
15authority with the day and hour of receipt and shall be counted
16at the central ballot counting location of the election
17authority during the same period provided for counting vote by
18mail absent voters' ballots under subsections (b), (g), and
19(g-5). Special write-in vote by mail absentee voter's blank
20ballots that are mailed to an election authority and postmarked
21no later than by the midnight preceding the opening of the
22polls on election day, but that are received by the election
23authority after the polls close on election day and before the
24closing of the period for counting provisional ballots cast at
25that election, shall be endorsed by the receiving authority
26with the day and hour of receipt and shall be counted at the

 

 

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1central ballot counting location of the election authority
2during the same periods provided for counting vote by mail
3absent voters' ballots under subsection (c).
4    (e) Except as otherwise provided in this Section, vote by
5mail absent voters' ballots and special write-in vote by mail
6absentee voter's blank ballots received by the election
7authority after the closing of the polls on an election day
8shall be endorsed by the election authority receiving them with
9the day and hour of receipt and shall be safely kept unopened
10by the election authority for the period of time required for
11the preservation of ballots used at the election, and shall
12then, without being opened, be destroyed in like manner as the
13used ballots of that election.
14    (f) Counting required under this Section to begin on
15election day after the closing of the polls shall commence no
16later than 8:00 p.m. and shall be conducted by a panel or
17panels of election judges appointed in the manner provided by
18law. The counting shall continue until all vote by mail absent
19voters' ballots and special write-in vote by mail absentee
20voter's blank ballots required to be counted on election day
21have been counted.
22    (g) The procedures set forth in Articles 17 and 18 of this
23Code shall apply to all ballots counted under this Section. In
24addition, within 2 days after a vote by mail an absentee
25ballot, other than an in-person absentee ballot, is received,
26but in all cases before the close of the period for counting

 

 

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1provisional ballots, the election judge or official shall
2compare the voter's signature on the certification envelope of
3that vote by mail absentee ballot with the signature of the
4voter on file in the office of the election authority. If the
5election judge or official determines that the 2 signatures
6match, and that the vote by mail absentee voter is otherwise
7qualified to cast a vote by mail an absentee ballot, the
8election authority shall cast and count the ballot on election
9day or the day the ballot is determined to be valid, whichever
10is later, adding the results to the precinct in which the voter
11is registered. If the election judge or official determines
12that the signatures do not match, or that the vote by mail
13absentee voter is not qualified to cast a vote by mail an
14absentee ballot, then without opening the certification
15envelope, the judge or official shall mark across the face of
16the certification envelope the word "Rejected" and shall not
17cast or count the ballot.
18    In addition to the voter's signatures not matching, a vote
19by mail an absentee ballot may be rejected by the election
20judge or official:
21        (1) if the ballot envelope is open or has been opened
22    and resealed;
23        (2) if the voter has already cast an early or grace
24    period ballot;
25        (3) if the voter voted in person on election day or the
26    voter is not a duly registered voter in the precinct; or

 

 

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1        (4) on any other basis set forth in this Code.
2    If the election judge or official determines that any of
3these reasons apply, the judge or official shall mark across
4the face of the certification envelope the word "Rejected" and
5shall not cast or count the ballot.
6    (g-5) If a vote by mail an absentee ballot, other than an
7in-person absentee ballot, is rejected by the election judge or
8official for any reason, the election authority shall, within 2
9days after the rejection but in all cases before the close of
10the period for counting provisional ballots, notify the vote by
11mail absentee voter that his or her ballot was rejected. The
12notice shall inform the voter of the reason or reasons the
13ballot was rejected and shall state that the voter may appear
14before the election authority, on or before the 14th day after
15the election, to show cause as to why the ballot should not be
16rejected. The voter may present evidence to the election
17authority supporting his or her contention that the ballot
18should be counted. The election authority shall appoint a panel
19of 3 election judges to review the contested ballot,
20application, and certification envelope, as well as any
21evidence submitted by the vote by mail absentee voter. No more
22than 2 election judges on the reviewing panel shall be of the
23same political party. The reviewing panel of election judges
24shall make a final determination as to the validity of the
25contested vote by mail absentee ballot. The judges'
26determination shall not be reviewable either administratively

 

 

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1or judicially.
2    A vote by mail An absentee ballot subject to this
3subsection that is determined to be valid shall be counted
4before the close of the period for counting provisional
5ballots.
6    (g-10) All vote by mail absentee ballots determined to be
7valid shall be added to the vote totals for the precincts for
8which they were cast in the order in which the ballots were
9opened.
10    (h) Each political party, candidate, and qualified civic
11organization shall be entitled to have present one pollwatcher
12for each panel of election judges therein assigned.
13(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
1495-699, eff. 11-9-07.)
 
15    (10 ILCS 5/19-10)  (from Ch. 46, par. 19-10)
16    Sec. 19-10. Pollwatchers may be appointed to observe early
17in-person absentee voting procedures and view all reasonably
18requested records relating to the conduct of the election,
19provided the secrecy of the ballot is not impinged, at the
20office of the election authority as well as at municipal,
21township or road district clerks' offices where such early
22absentee voting is conducted. Such pollwatchers shall qualify
23and be appointed in the same manner as provided in Sections
247-34 and 17-23, except each candidate, political party or
25organization of citizens may appoint only one pollwatcher for

 

 

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1each location where early in-person absentee voting is
2conducted. Pollwatchers must be registered to vote in Illinois
3and possess valid pollwatcher credentials.
4    In the polling place on election day, pollwatchers shall be
5permitted to be present during the casting of the absent
6voters' ballots and the vote of any absent voter may be
7challenged for cause the same as if he were present and voted
8in person, and the judges of the election or a majority thereof
9shall have power and authority to hear and determine the
10legality of such ballot; Provided, however, that if a challenge
11to any absent voter's right to vote is sustained, notice of the
12same must be given by the judges of election by mail addressed
13to the voter's place of residence.
14    Where certain vote by mail absent voters' ballots are
15counted on the day of the election in the office of the
16election authority as provided in Section 19-8 of this Act,
17each political party, candidate and qualified civic
18organization shall be entitled to have present one pollwatcher
19for each panel of election judges therein assigned. Such
20pollwatchers shall be subject to the same provisions as are
21provided for pollwatchers in Sections 7-34 and 17-23 of this
22Code, and shall be permitted to observe the election judges
23making the signature comparison between that which is on the
24ballot envelope and that which is on the permanent voter
25registration record card taken from the master file.
26(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 

 

 

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1    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
2    Sec. 19-12.1. Any qualified elector who has secured an
3Illinois Person with a Disability Identification Card in
4accordance with the Illinois Identification Card Act,
5indicating that the person named thereon has a Class 1A or
6Class 2 disability or any qualified voter who has a permanent
7physical incapacity of such a nature as to make it improbable
8that he will be able to be present at the polls at any future
9election, or any voter who is a resident of (i) a federally
10operated veterans' home, hospital, or facility located in
11Illinois or (ii) a facility licensed or certified pursuant to
12the Nursing Home Care Act, the Specialized Mental Health
13Rehabilitation Act of 2013, or the ID/DD Community Care Act and
14has a condition or disability of such a nature as to make it
15improbable that he will be able to be present at the polls at
16any future election, may secure a disabled voter's or nursing
17home resident's identification card, which will enable him to
18vote under this Article as a physically incapacitated or
19nursing home voter. For the purposes of this Section,
20"federally operated veterans' home, hospital, or facility"
21means the long-term care facilities at the Jesse Brown VA
22Medical Center, Illiana Health Care System, Edward Hines, Jr.
23VA Hospital, Marion VA Medical Center, and Captain James A.
24Lovell Federal Health Care Center.
25    Application for a disabled voter's or nursing home

 

 

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1resident's identification card shall be made either: (a) in
2writing, with voter's sworn affidavit, to the county clerk or
3board of election commissioners, as the case may be, and shall
4be accompanied by the affidavit of the attending physician
5specifically describing the nature of the physical incapacity
6or the fact that the voter is a nursing home resident and is
7physically unable to be present at the polls on election days;
8or (b) by presenting, in writing or otherwise, to the county
9clerk or board of election commissioners, as the case may be,
10proof that the applicant has secured an Illinois Person with a
11Disability Identification Card indicating that the person
12named thereon has a Class 1A or Class 2 disability. Upon the
13receipt of either the sworn-to application and the physician's
14affidavit or proof that the applicant has secured an Illinois
15Person with a Disability Identification Card indicating that
16the person named thereon has a Class 1A or Class 2 disability,
17the county clerk or board of election commissioners shall issue
18a disabled voter's or nursing home resident's identification
19card. Such identification cards shall be issued for a period of
205 years, upon the expiration of which time the voter may secure
21a new card by making application in the same manner as is
22prescribed for the issuance of an original card, accompanied by
23a new affidavit of the attending physician. The date of
24expiration of such five-year period shall be made known to any
25interested person by the election authority upon the request of
26such person. Applications for the renewal of the identification

 

 

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1cards shall be mailed to the voters holding such cards not less
2than 3 months prior to the date of expiration of the cards.
3    Each disabled voter's or nursing home resident's
4identification card shall bear an identification number, which
5shall be clearly noted on the voter's original and duplicate
6registration record cards. In the event the holder becomes
7physically capable of resuming normal voting, he must surrender
8his disabled voter's or nursing home resident's identification
9card to the county clerk or board of election commissioners
10before the next election.
11    The holder of a disabled voter's or nursing home resident's
12identification card may make application by mail for an
13official ballot within the time prescribed by Section 19-2.
14Such application shall contain the same information as is
15included in the form of application for ballot by a physically
16incapacitated elector prescribed in Section 19-3 except that it
17shall also include the applicant's disabled voter's
18identification card number and except that it need not be sworn
19to. If an examination of the records discloses that the
20applicant is lawfully entitled to vote, he shall be mailed a
21ballot as provided in Section 19-4. The ballot envelope shall
22be the same as that prescribed in Section 19-5 for physically
23disabled voters, and the manner of voting and returning the
24ballot shall be the same as that provided in this Article for
25other vote by mail absentee ballots, except that a statement to
26be subscribed to by the voter but which need not be sworn to

 

 

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1shall be placed on the ballot envelope in lieu of the affidavit
2prescribed by Section 19-5.
3    Any person who knowingly subscribes to a false statement in
4connection with voting under this Section shall be guilty of a
5Class A misdemeanor.
6    For the purposes of this Section, "nursing home resident"
7includes a resident of (i) a federally operated veterans' home,
8hospital, or facility located in Illinois or (ii) a facility
9licensed under the ID/DD Community Care Act or the Specialized
10Mental Health Rehabilitation Act of 2013. For the purposes of
11this Section, "federally operated veterans' home, hospital, or
12facility" means the long-term care facilities at the Jesse
13Brown VA Medical Center, Illiana Health Care System, Edward
14Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
15James A. Lovell Federal Health Care Center.
16(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
17eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
1898-104, eff. 7-22-13.)
 
19    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
20    Sec. 19-12.2. Voting by physically incapacitated electors
21who have made proper application to the election authority not
22later than 5 days before the regular primary and general
23election of 1980 and before each election thereafter shall be
24conducted on the premises of (i) federally operated veterans'
25homes, hospitals, and facilities located in Illinois or (ii)

 

 

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1facilities licensed or certified pursuant to the Nursing Home
2Care Act, the Specialized Mental Health Rehabilitation Act of
32013, or the ID/DD Community Care Act for the sole benefit of
4residents of such homes, hospitals, and facilities. For the
5purposes of this Section, "federally operated veterans' home,
6hospital, or facility" means the long-term care facilities at
7the Jesse Brown VA Medical Center, Illiana Health Care System,
8Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
9Captain James A. Lovell Federal Health Care Center. Such voting
10shall be conducted during any continuous period sufficient to
11allow all applicants to cast their ballots between the hours of
129 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
13Monday immediately preceding the regular election. This vote by
14mail absentee voting on one of said days designated by the
15election authority shall be supervised by two election judges
16who must be selected by the election authority in the following
17order of priority: (1) from the panel of judges appointed for
18the precinct in which such home, hospital, or facility is
19located, or from a panel of judges appointed for any other
20precinct within the jurisdiction of the election authority in
21the same ward or township, as the case may be, in which the
22home, hospital, or facility is located or, only in the case
23where a judge or judges from the precinct, township or ward are
24unavailable to serve, (3) from a panel of judges appointed for
25any other precinct within the jurisdiction of the election
26authority. The two judges shall be from different political

 

 

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1parties. Not less than 30 days before each regular election,
2the election authority shall have arranged with the chief
3administrative officer of each home, hospital, or facility in
4his or its election jurisdiction a mutually convenient time
5period on the Friday, Saturday, Sunday or Monday immediately
6preceding the election for such voting on the premises of the
7home, hospital, or facility and shall post in a prominent place
8in his or its office a notice of the agreed day and time period
9for conducting such voting at each home, hospital, or facility;
10provided that the election authority shall not later than noon
11on the Thursday before the election also post the names and
12addresses of those homes, hospitals, and facilities from which
13no applications were received and in which no supervised vote
14by mail absentee voting will be conducted. All provisions of
15this Code applicable to pollwatchers shall be applicable
16herein. To the maximum extent feasible, voting booths or
17screens shall be provided to insure the privacy of the voter.
18Voting procedures shall be as described in Article 17 of this
19Code, except that ballots shall be treated as vote by mail
20absentee ballots and shall not be counted until the close of
21the polls on the following day. After the last voter has
22concluded voting, the judges shall seal the ballots in an
23envelope and affix their signatures across the flap of the
24envelope. Immediately thereafter, the judges shall bring the
25sealed envelope to the office of the election authority who
26shall deliver such ballots to the election authority's central

 

 

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1ballot counting location prior to the closing of the polls on
2the day of election. The judges of election shall also report
3to the election authority the name of any applicant in the
4home, hospital, or facility who, due to unforeseen circumstance
5or condition or because of a religious holiday, was unable to
6vote. In this event, the election authority may appoint a
7qualified person from his or its staff to deliver the ballot to
8such applicant on the day of election. This staff person shall
9follow the same procedures prescribed for judges conducting
10vote by mail absentee voting in such homes, hospitals, or
11facilities and shall return the ballot to the central ballot
12counting location before the polls close. However, if the home,
13hospital, or facility from which the application was made is
14also used as a regular precinct polling place for that voter,
15voting procedures heretofore prescribed may be implemented by 2
16of the election judges of opposite party affiliation assigned
17to that polling place during the hours of voting on the day of
18the election. Judges of election shall be compensated not less
19than $25.00 for conducting vote by mail absentee voting in such
20homes, hospitals, or facilities.
21    Not less than 120 days before each regular election, the
22Department of Public Health shall certify to the State Board of
23Elections a list of the facilities licensed or certified
24pursuant to the Nursing Home Care Act, the Specialized Mental
25Health Rehabilitation Act of 2013, or the ID/DD Community Care
26Act. The lists shall indicate the approved bed capacity and the

 

 

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1name of the chief administrative officer of each such home,
2hospital, or facility, and the State Board of Elections shall
3certify the same to the appropriate election authority within
420 days thereafter.
5(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
6eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
 
7    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
8    Sec. 19-13. Any qualified voter who has been admitted to a
9hospital, nursing home, or rehabilitation center due to an
10illness or physical injury not more than 14 days before an
11election shall be entitled to personal delivery of a vote by
12mail an absentee ballot in the hospital, nursing home, or
13rehabilitation center subject to the following conditions:
14    (1) The voter completes the Application for Physically
15Incapacitated Elector as provided in Section 19-3, stating as
16reasons therein that he is a patient in ............... (name
17of hospital/home/center), ............... located at,
18............... (address of hospital/home/center),
19............... (county, city/village), was admitted for
20............... (nature of illness or physical injury), on
21............... (date of admission), and does not expect to be
22released from the hospital/home/center on or before the day of
23election or, if released, is expected to be homebound on the
24day of the election and unable to travel to the polling place.
25    (2) The voter's physician completes a Certificate of

 

 

SB0172 Enrolled- 200 -LRB098 04408 HLH 34436 b

1Attending Physician in a form substantially as follows:
2
CERTIFICATE OF ATTENDING PHYSICIAN
3    I state that I am a physician, duly licensed to practice in
4the State of .........; that .......... is a patient in
5.......... (name of hospital/home/center), located at
6............. (address of hospital/home/center),
7................. (county, city/village); that such individual
8was admitted for ............. (nature of illness or physical
9injury), on ............ (date of admission); and that I have
10examined such individual in the State in which I am licensed to
11practice medicine and do not expect such individual to be
12released from the hospital/home/center on or before the day of
13election or, if released, to be able to travel to the polling
14place on election day.
15    Under penalties as provided by law pursuant to Section
1629-10 of The Election Code, the undersigned certifies that the
17statements set forth in this certification are true and
18correct.
19
(Signature) ...............
20
(Date licensed) ............
21    (3) Any person who is registered to vote in the same
22precinct as the admitted voter or any legal relative of the
23admitted voter may present such voter's vote by mail absentee
24ballot application, completed as prescribed in paragraph 1,
25accompanied by the physician's certificate, completed as
26prescribed in paragraph 2, to the election authority. Such

 

 

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1precinct voter or relative shall execute and sign an affidavit
2furnished by the election authority attesting that he is a
3registered voter in the same precinct as the admitted voter or
4that he is a legal relative of the admitted voter and stating
5the nature of the relationship. Such precinct voter or relative
6shall further attest that he has been authorized by the
7admitted voter to obtain his or her vote by mail absentee
8ballot from the election authority and deliver such ballot to
9him in the hospital, home, or center.
10    Upon receipt of the admitted voter's application,
11physician's certificate, and the affidavit of the precinct
12voter or the relative, the election authority shall examine the
13registration records to determine if the applicant is qualified
14to vote and, if found to be qualified, shall provide the
15precinct voter or the relative the vote by mail absentee ballot
16for delivery to the applicant.
17    Upon receipt of the vote by mail absentee ballot, the
18admitted voter shall mark the ballot in secret and subscribe to
19the certifications on the vote by mail absentee ballot return
20envelope. After depositing the ballot in the return envelope
21and securely sealing the envelope, such voter shall give the
22envelope to the precinct voter or the relative who shall
23deliver it to the election authority in sufficient time for the
24ballot to be delivered by the election authority to the
25election authority's central ballot counting location before 7
26p.m. on election day.

 

 

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1    Upon receipt of the admitted voter's vote by mail absentee
2ballot, the ballot shall be counted in the manner prescribed in
3this Article.
4(Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06;
595-878, eff. 1-1-09.)
 
6    (10 ILCS 5/19-15)
7    Sec. 19-15. Precinct tabulation optical scan technology
8voting equipment. If the election authority has adopted the use
9of Precinct Tabulation Optical Scan Technology voting
10equipment pursuant to Article 24B of this Code, and the
11provisions of the Article are in conflict with the provisions
12of this Article 19, the provisions of Article 24B shall govern
13the procedures followed by the election authority, its judges
14of elections, and all employees and agents, provided that vote
15by mail absentee ballots are counted at the election
16authority's central ballot counting location. In following the
17provisions of Article 24B, the election authority is authorized
18to develop and implement procedures to fully utilize Precinct
19Tabulation Optical Scan Technology voting equipment, at the
20central ballot counting location, authorized by the State Board
21of Elections as long as the procedure is not in conflict with
22either Article 24B or the administrative rules of the State
23Board of Elections.
24(Source: P.A. 94-1000, eff. 7-3-06.)
 

 

 

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1    (10 ILCS 5/19-20)
2    Sec. 19-20. Report on vote by mail absentee ballots. This
3Section applies to vote by mail absentee ballots other than
4in-person absentee ballots.
5    On or before the 21st day after an election, each election
6authority shall transmit to the State Board of Elections the
7following information with respect to that election:
8        (1) The number, by precinct, of vote by mail absentee
9    ballots requested, provided, and counted.
10        (2) The number of rejected vote by mail absentee
11    ballots.
12        (3) The number of voters seeking review of rejected
13    vote by mail absentee ballots pursuant to subsection (g-5)
14    of Section 19-8.
15        (4) The number of vote by mail absentee ballots counted
16    following review pursuant to subsection (g-5) of Section
17    19-8.
18On or before the 28th day after an election, the State Board of
19Elections shall compile the information received under this
20Section with respect to that election and make that information
21available to the public.
22(Source: P.A. 94-1000, eff. 7-3-06.)
 
23    (10 ILCS 5/19A-10)
24    Sec. 19A-10. Permanent polling places for early voting.
25    (a) An election authority may establish permanent polling

 

 

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1places for early voting by personal appearance at locations
2throughout the election authority's jurisdiction, including
3but not limited to a municipal clerk's office, a township
4clerk's office, a road district clerk's office, or a county or
5local public agency office. Any Except as otherwise provided in
6subsection (b), any person entitled to vote early by personal
7appearance may do so at any polling place established for early
8voting.
9    (b) (Blank). If it is impractical for the election
10authority to provide at each polling place for early voting a
11ballot in every form required in the election authority's
12jurisdiction, the election authority may:
13        (1) provide appropriate forms of ballots to the office
14    of the municipal clerk in a municipality not having a board
15    of election commissioners; the township clerk; or in
16    counties not under township organization, the road
17    district clerk; and
18        (2) limit voting at that polling place to registered
19    voters in that municipality, ward or group of wards,
20    township, or road district.
21    If the early voting polling place does not have the correct
22ballot form for a person seeking to vote early, the election
23judge or election official conducting early voting at that
24polling place shall inform the person of that fact, give the
25person the appropriate telephone number of the election
26authority in order to locate an early voting polling place with

 

 

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1the correct ballot form for use in that person's assigned
2precinct, and instruct the person to go to the proper early
3voting polling place to vote early.
4    (c) During each general primary and general election, each
5election authority in a county with a population over 250,000
6shall establish at least one permanent polling place for early
7voting by personal appearance at a location within each of the
83 largest municipalities within its jurisdiction. If any of the
93 largest municipalities is over 80,000, the election authority
10shall establish at least 2 permanent polling places within the
11municipality. All population figures shall be determined by the
12federal census.
13    (d) During each general primary and general election, each
14board of election commissioners established under Article 6 of
15this Code in any city, village, or incorporated town with a
16population over 100,000 shall establish at least 2 permanent
17polling places for early voting by personal appearance. All
18population figures shall be determined by the federal census.
19    (e) During each general primary and general election, each
20election authority in a county with a population of over
21100,000 but under 250,000 persons shall establish at least one
22permanent polling place for early voting by personal
23appearance. The location for early voting may be the election
24authority's main office or another location designated by the
25election authority. The election authority may designate
26additional sites for early voting by personal appearance. All

 

 

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1population figures shall be determined by the federal census.
2    (f) No permanent polling place required by this Section
3shall be located within 1.5 miles from another permanent
4polling place required by this Section, unless such permanent
5polling place is within a municipality with a population of
6500,000 or more.
7(Source: P.A. 98-691, eff. 7-1-14.)
 
8    (10 ILCS 5/19A-15)
9    Sec. 19A-15. Period for early voting; hours.
10    (a) The period for early voting by personal appearance
11begins the 40th 15th day preceding a general primary,
12consolidated primary, consolidated, or general election and
13extends through the end of the 3rd day before election day,
14except that for the 2014 general election the period for early
15voting by personal appearance shall extend through the 2nd day
16before election day.
17    (b) Except as otherwise provided by this Section, a
18permanent polling place for early voting must remain open
19beginning the 15th day before an election through the end of
20the day before election day during the hours of 8:30 a.m. to
214:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
22beginning 8 days before election day, a permanent polling place
23for early voting must remain open during the hours of 8:30 a.m.
24to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 a.m. to 12:00
25p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00

 

 

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1p.m. to 3:00 p.m. on Sundays; except that, in addition to the
2hours required by this subsection, a permanent early voting
3polling place designated by an election authority under
4subsections subsection (c), (d), and (e) of Section 19A-10 must
5remain open for a total of at least 8 hours on any holiday
6during the early voting period and a total of at least 14 hours
7on the final weekend during the early voting period. For the
82014 general election, a permanent polling place for early
9voting must remain open during the hours of 8:30 a.m. to 4:30
10p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that
11beginning 8 days before election day, a permanent polling place
12for early voting must remain open during the hours of 8:30 a.m.
13to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general
14election, a permanent polling place for early voting shall
15remain open during the hours of 9:00 a.m. to 12:00 p.m. on
16Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that,
17in addition to the hours required by this subsection (b), a
18permanent early voting place designated by an election
19authority under subsection (c) of Section 19A-10 must remain
20open for a total of at least 14 hours on the final weekend
21during the early voting period.
22    (c) Notwithstanding subsection subsections (a) and (b), an
23election authority may close an early voting polling place if
24the building in which the polling place is located has been
25closed by the State or unit of local government in response to
26a severe weather emergency or other force majeure. In the event

 

 

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1of a closure, the election authority shall conduct early voting
2on the 2nd day before election day from 8:30 a.m. to 4:30 p.m.
3or 9:00 a.m. to 5:00 p.m. The election authority shall notify
4the State Board of Elections of any closure and shall make
5reasonable efforts to provide notice to the public of an
6alternative location for early voting the extended early voting
7period.
8    (d) (Blank). Notwithstanding subsections (a) and (b), in
92013 only, an election authority may close an early voting
10place on Good Friday, Holy Saturday, and Easter Sunday,
11provided that the early voting place remains open 2 hours later
12on April 3, 4, and 5 of 2013. The election authority shall
13notify the State Board of Elections of any closure and shall
14provide notice to the public of the closure and the extended
15hours during the final week.
16(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
17eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
18    (10 ILCS 5/19A-25)
19    Sec. 19A-25. Schedule of locations and times for early
20voting.
21    (a) The election authority shall publish during the week
22before the period for early voting and at least once each week
23during the period for early voting in a newspaper of general
24circulation in the election authority's jurisdiction a
25schedule stating:

 

 

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1        (1) the location of each permanent and temporary
2    polling place for early voting and the precincts served by
3    each location; and
4        (2) the dates and hours that early voting will be
5    conducted at each location.
6    (b) The election authority shall post a copy of the
7schedule at any office or other location that is to be used as
8a polling place for early voting. The schedule must be posted
9continuously for a period beginning not later than the 10th 5th
10day before the first day of the period for early voting by
11personal appearance and ending on the last day of that period.
12    (c) The election authority must make copies of the schedule
13available to the public in reasonable quantities without charge
14during the period of posting.
15    (d) If the election authority maintains a website, it shall
16make the schedule available on its website.
17    (e) No additional permanent polling places for early voting
18may be established after the schedule is published under this
19Section. Additional temporary locations may be established
20after the schedule is published, provided that the location is
21open to all eligible voters. The location, dates, and hours
22shall be reported to the State Board of Elections and posted on
23the election authority's website.
24    (f) At least 10 days before the period for early voting
25begins, each election authority shall provide the State Board
26of Elections with a list of all early voting sites and the

 

 

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1hours each site will be open.
2(Source: P.A. 94-645, eff. 8-22-05.)
 
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 for
13all ballots received. The ballots delivered to the election
14official must include early ballots for each precinct in the
15election authority's jurisdiction and must include separate
16ballots for each political subdivision conducting an election
17of 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) (i) the identity of the applicant, (ii) that the
23applicant is a registered voter, (ii) (iii) the precinct in
24which the applicant is registered, and (iii) (iv) the proper
25ballots of the political subdivision in which the applicant

 

 

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1resides and is entitled to vote before providing an early
2ballot to the applicant. Except for during the 2014 general
3election, the applicant's identity must be verified by the
4applicant's presentation of an Illinois driver's license, a
5non-driver identification card issued by the Illinois
6Secretary of State, a photo identification card issued by a
7university or college, or another government-issued
8identification document containing the applicant's photograph.
9The election judge or official must verify the applicant's
10registration from the most recent poll list provided by the
11election authority, and if the applicant is not listed on that
12poll list, by telephoning the office of the election authority.
13    (b-5) A person requesting an early voting ballot to whom a
14vote by mail an absentee ballot was issued may vote early if
15the person submits that vote by mail absentee ballot to the
16judges of election or official conducting early voting for
17cancellation. If the voter is unable to submit the vote by mail
18absentee ballot, it shall be sufficient for the voter to submit
19to the judges or official (i) a portion of the vote by mail
20absentee ballot if the vote by mail absentee ballot was torn or
21mutilated or (ii) an affidavit executed before the judges or
22official specifying that (A) the voter never received a vote by
23mail an absentee ballot or (B) the voter completed and returned
24a vote by mail an absentee ballot and was informed that the
25election authority did not receive that vote by mail absentee
26ballot.

 

 

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1    (b-10) Within one day after a voter casts an early voting
2ballot, the election authority shall transmit the voter's name,
3street address, and precinct, ward, township, and district
4numbers, as the case may be, to the State Board of Elections,
5which shall maintain those names and that information in an
6electronic format on its website, arranged by county and
7accessible to State and local political committees.
8    (b-15) Immediately after voting an early ballot, the voter
9shall be instructed whether the voting equipment accepted or
10rejected the ballot or identified that ballot as under-voted
11for a statewide constitutional office. A voter whose ballot is
12identified as under-voted may return to the voting booth and
13complete the voting of that ballot. A voter whose early voting
14ballot is not accepted by the voting equipment may, upon
15surrendering the ballot, request and vote another early voting
16ballot. The voter's surrendered ballot shall be initialed by
17the election judge or official conducting the early voting and
18handled as provided in the appropriate Article governing the
19voting equipment used.
20    (c) The sealed early ballots in their carrier envelope
21shall be delivered by the election authority to the central
22ballot counting location before the close of the polls on the
23day of the election.
24(Source: P.A. 98-691, eff. 7-1-14.)
 
25    (10 ILCS 5/19A-75)

 

 

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1    Sec. 19A-75. Early voting in jurisdictions using Direct
2Recording Electronic Voting Systems under Article 24C.
3Election authorities that have adopted for use Direct Recording
4Electronic Voting Systems under Article 24C may either use
5those voting systems to conduct early voting or, so long as at
6least one Direct Recording Electronic Voting System device is
7available at each early voting polling place, use whatever
8method the election authority uses for vote by mail absentee
9balloting conducted by mail; provided that no early ballots are
10counted before the polls close on election day.
11(Source: P.A. 94-645, eff. 8-22-05.)
 
12    (10 ILCS 5/20-1)  (from Ch. 46, par. 20-1)
13    Sec. 20-1. The following words and phrases contained in
14this Article shall be construed as follows:
15    1. "Territorial limits of the United States" means each of
16the several States of the United States and includes the
17District of Columbia, the Commonwealth of Puerto Rico, Guam and
18the Virgin Islands; but does not include American Samoa, the
19Canal Zone, the Trust Territory of the Pacific Islands or any
20other territory or possession of the United States.
21    2. "Member of the United States Service" means (a) members
22of the Armed Forces while on active duty and their spouses and
23dependents of voting age when residing with or accompanying
24them, (b) members of the Merchant Marine of the United States
25and their spouses and dependents when residing with or

 

 

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1accompanying them and (c) United States government employees
2serving outside the territorial limits of the United States.
3    3. "Citizens of the United States temporarily residing
4outside the territorial limits of the United States" means
5civilian citizens of the United States and their spouses and
6dependents of voting age when residing with or accompanying
7them, who maintain a precinct residence in a county in this
8State and whose intent to return may be ascertained.
9    4. "Non-Resident Civilian Citizens" means civilian
10citizens of the United States (a) who reside outside the
11territorial limits of the United States, (b) who had maintained
12a precinct residence in a county in this State immediately
13prior to their departure from the United States, (c) who do not
14maintain a residence and are not registered to vote in any
15other State, and (d) whose intent to return to this State may
16be uncertain.
17    5. "Official postcard" means the postcard application for
18registration to vote or for a vote by mail an absen