Rep. Barbara Flynn Currie

Filed: 12/3/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 172

2    AMENDMENT NO. ______. Amend Senate Bill 172 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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118A-218.20, 18A-218.30, and 18A-218.40, as follows:
 
2    (10 ILCS 5/1-3.5 new)
3    Sec. 1-3.5. Absentee voting. Any references to absentee
4ballots, absentee voters, absentee registration, or absentee
5voting procedures in this Code shall be construed to refer to
6vote by mail ballots, persons who vote by mail, registration by
7mail, or voting by mail.
 
8    (10 ILCS 5/1-9)
9    Sec. 1-9. Central counting of grace period, early, vote by
10mail absentee, and provisional ballots. Notwithstanding any
11statutory provision to the contrary enacted before the
12effective date of this amendatory Act of the 94th General
13Assembly, all grace period ballots, early voting ballots, vote
14by mail absentee ballots, and provisional ballots to be counted
15shall be delivered to and counted at an election authority's
16central ballot counting location and not in precincts.
17References in this Code enacted before the effective date of
18this amendatory Act of the 94th General Assembly to delivery
19and counting of grace period ballots, early voting ballots,
20vote by mail absentee ballots, or provisional ballots to or at
21a precinct polling place or to the proper polling place shall
22be construed as references to delivery and counting of those
23ballots to and at the election authority's central ballot
24counting location.

 

 

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1(Source: P.A. 94-1000, eff. 7-3-06.)
 
2    (10 ILCS 5/1-9.1 new)
3    Sec. 1-9.1. Ballot counting information dissemination.
4Each election authority maintaining a website must provide
524-hour notice on its website of the date, time, and location
6of the analysis, processing, and counting of all ballot forms.
7Each election authority must notify any political party or
8pollwatcher of the same information 24 hours before the count
9begins if such political party or pollwatcher has requested to
10be notified. Notification may be by electronic mail at the
11address provided by the requester.
 
12    (10 ILCS 5/1-9.2 new)
13    Sec. 1-9.2. Uncounted ballot information on website. No
14later than 48 hours after the closing of polling locations on
15election day, each election authority maintaining a website
16shall post the number of ballots that remain uncounted. The
17posting shall separate the number of ballots yet to be counted
18into the following categories: ballots cast on election day,
19early voting ballots, provisional ballots, vote by mail ballots
20received by the election authority but not counted, and vote by
21mail ballots sent by the election authority but have not been
22returned to the election authority. This information shall be
23updated on the website of the election authority each day until
24the period for counting provisional and vote by mail ballots

 

 

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1has ended. All election authorities, regardless of whether they
2maintain a website, shall share the same information, separated
3in the same manner, with the State Board of Elections no later
4than 48 hours after the closing of polling locations on
5election day and each business day thereafter until the period
6for counting provisional and vote by mail ballots has ended.
 
7    (10 ILCS 5/1-12)
8    Sec. 1-12. Public university voting.
9    (a) Each appropriate election authority shall, in addition
10to the early voting conducted at locations otherwise required
11by law, conduct early voting, grace period registration, and
12grace period voting at the student union in a high traffic
13location on the campus of a public university within the
14election authority's jurisdiction. The voting required by this
15subsection (a) to be conducted on campus must be conducted from
16the 6th day before a general primary or general election until
17and including the 4th day before a general primary or general
18election from 10:00 a.m. to 5 p.m. and as otherwise required by
19Article 19A of this Code, except that the voting required by
20this subsection (a) need not be conducted during a consolidated
21primary or consolidated election. If an election authority has
22voting equipment that can accommodate a ballot in every form
23required in the election authority's jurisdiction, then the
24election authority shall extend early voting and grace period
25registration and voting under this Section to any registered

 

 

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1voter in the election authority's jurisdiction. However, if the
2election authority does not have voting equipment that can
3accommodate a ballot in every form required in the election
4authority's jurisdiction, then the election authority may
5limit early voting and grace period registration and voting
6under this Section to registered voters in precincts where the
7public university is located and precincts bordering the
8university. Each public university shall make the space
9available at the student union in a high traffic area for, and
10cooperate and coordinate with the appropriate election
11authority in, the implementation of this subsection (a).
12    (b) (Blank). Each appropriate election authority shall, in
13addition to the voting conducted at locations otherwise
14required by law, conduct in-person absentee voting on election
15day in a high-traffic location on the campus of a public
16university within the election authority's jurisdiction. The
17procedures for conducting in-person absentee voting at a site
18established pursuant to this subsection (b) shall, to the
19extent practicable, be the same procedures required by Article
2019 of this Code for in-person absentee ballots. The election
21authority may limit in-person absentee voting under this
22subsection (b) to registered voters in precincts where the
23public university is located and precincts bordering the
24university. The election authority shall have voting equipment
25and ballots necessary to accommodate registered voters who may
26cast an in-person absentee ballot at a site established

 

 

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1pursuant to this subsection (b). Each public university shall
2make the space available in a high-traffic area for, and
3cooperate and coordinate with the appropriate election
4authority in, the implementation of this subsection (b).
5    (c) For the purposes of this Section, "public university"
6means the University of Illinois, Illinois State University,
7Chicago State University, Governors State University, Southern
8Illinois University, Northern Illinois University, Eastern
9Illinois University, Western Illinois University, and
10Northeastern Illinois University the University of Illinois at
11its campuses in Urbana-Champaign and Springfield, Southern
12Illinois University at its campuses in Carbondale and
13Edwardsville, Eastern Illinois University, Illinois State
14University, Northern Illinois University, and Western Illinois
15University at its campuses in Macomb and Moline.
16    (d) For the purposes of this Section, "student union" means
17the Student Center at 750 S. Halsted on the University of
18Illinois-Chicago campus; the Public Affair Center at the
19University of Illinois at Springfield or a new building
20completed after the effective date of this Act housing student
21government at the University of Illinois at Springfield; the
22Illini Union at the University of Illinois at Urbana-Champaign;
23the SIUC Center at the Southern Illinois University at
24Carbondale campus; the Morris University Center at the Southern
25Illinois University at Edwardsville campus; the University
26Union at the Western Illinois University at the Macomb campus;

 

 

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1the Holmes Student Center at the Northern Illinois University
2campus; the University Union at the Eastern Illinois University
3campus; NEIU Student Union at the Northeastern Illinois
4University campus; the Bone Student Center at the Illinois
5State University campus; the Cordell Reed Student Union at the
6Chicago State University campus; and the Hall of Governors in
7Building D at the Governors State University campus.
8(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
9    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
10    Sec. 1A-8. The State Board of Elections shall exercise the
11following powers and perform the following duties in addition
12to any powers or duties otherwise provided for by law:
13        (1) Assume all duties and responsibilities of the State
14    Electoral Board and the Secretary of State as heretofore
15    provided in this Act;
16        (2) Disseminate information to and consult with
17    election authorities concerning the conduct of elections
18    and registration in accordance with the laws of this State
19    and the laws of the United States;
20        (3) Furnish to each election authority prior to each
21    primary and general election and any other election it
22    deems necessary, a manual of uniform instructions
23    consistent with the provisions of this Act which shall be
24    used by election authorities in the preparation of the
25    official manual of instruction to be used by the judges of

 

 

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1    election in any such election. In preparing such manual,
2    the State Board shall consult with representatives of the
3    election authorities throughout the State. The State Board
4    may provide separate portions of the uniform instructions
5    applicable to different election jurisdictions which
6    administer elections under different options provided by
7    law. The State Board may by regulation require particular
8    portions of the uniform instructions to be included in any
9    official manual of instructions published by election
10    authorities. Any manual of instructions published by any
11    election authority shall be identical with the manual of
12    uniform instructions issued by the Board, but may be
13    adapted by the election authority to accommodate special or
14    unusual local election problems, provided that all manuals
15    published by election authorities must be consistent with
16    the provisions of this Act in all respects and must receive
17    the approval of the State Board of Elections prior to
18    publication; provided further that if the State Board does
19    not approve or disapprove of a proposed manual within 60
20    days of its submission, the manual shall be deemed
21    approved.
22        (4) Prescribe and require the use of such uniform
23    forms, notices, and other supplies not inconsistent with
24    the provisions of this Act as it shall deem advisable which
25    shall be used by election authorities in the conduct of
26    elections and registrations;

 

 

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1        (5) Prepare and certify the form of ballot for any
2    proposed amendment to the Constitution of the State of
3    Illinois, or any referendum to be submitted to the electors
4    throughout the State or, when required to do so by law, to
5    the voters of any area or unit of local government of the
6    State;
7        (6) Require such statistical reports regarding the
8    conduct of elections and registration from election
9    authorities as may be deemed necessary;
10        (7) Review and inspect procedures and records relating
11    to conduct of elections and registration as may be deemed
12    necessary, and to report violations of election laws to the
13    appropriate State's Attorney or the Attorney General;
14        (8) Recommend to the General Assembly legislation to
15    improve the administration of elections and registration;
16        (9) Adopt, amend or rescind rules and regulations in
17    the performance of its duties provided that all such rules
18    and regulations must be consistent with the provisions of
19    this Article 1A or issued pursuant to authority otherwise
20    provided by law;
21        (10) Determine the validity and sufficiency of
22    petitions filed under Article XIV, Section 3, of the
23    Constitution of the State of Illinois of 1970;
24        (11) Maintain in its principal office a research
25    library that includes, but is not limited to, abstracts of
26    votes by precinct for general primary elections and general

 

 

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1    elections, current precinct maps and current precinct poll
2    lists from all election jurisdictions within the State. The
3    research library shall be open to the public during regular
4    business hours. Such abstracts, maps and lists shall be
5    preserved as permanent records and shall be available for
6    examination and copying at a reasonable cost;
7        (12) Supervise the administration of the registration
8    and election laws throughout the State;
9        (13) Obtain from the Department of Central Management
10    Services, under Section 405-250 of the Department of
11    Central Management Services Law (20 ILCS 405/405-250),
12    such use of electronic data processing equipment as may be
13    required to perform the duties of the State Board of
14    Elections and to provide election-related information to
15    candidates, public and party officials, interested civic
16    organizations and the general public in a timely and
17    efficient manner; and
18        (14) To take such action as may be necessary or
19    required to give effect to directions of the national
20    committee or State central committee of an established
21    political party under Sections 7-8, 7-11 and 7-14.1 or such
22    other provisions as may be applicable pertaining to the
23    selection of delegates and alternate delegates to an
24    established political party's national nominating
25    conventions or, notwithstanding any candidate
26    certification schedule contained within the Election Code,

 

 

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1    the certification of the Presidential and Vice
2    Presidential candidate selected by the established
3    political party's national nominating convention; .
4        (15) To post all early voting sites separated by
5    election authority and hours of operation on its website at
6    least 5 business days before the period for early voting
7    begins; and
8        (16) To post on its website the statewide totals, and
9    totals separated by each election authority, for each of
10    the counts received pursuant to Section 1-9.2.
11    The Board may by regulation delegate any of its duties or
12functions under this Article, except that final determinations
13and orders under this Article shall be issued only by the
14Board.
15    The requirement for reporting to the General Assembly shall
16be satisfied by filing copies of the report with the Speaker,
17the Minority Leader and the Clerk of the House of
18Representatives and the President, the Minority Leader and the
19Secretary of the Senate and the Legislative Research Unit, as
20required by Section 3.1 of "An Act to revise the law in
21relation to the General Assembly", approved February 25, 1874,
22as amended, and filing such additional copies with the State
23Government Report Distribution Center for the General Assembly
24as is required under paragraph (t) of Section 7 of the State
25Library Act.
26(Source: P.A. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
 

 

 

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1    (10 ILCS 5/1A-16)
2    Sec. 1A-16. Voter registration information; Internet
3posting; processing of voter registration forms; content of
4such forms. Notwithstanding any law to the contrary, the
5following provisions shall apply to voter registration under
6this Code.
7    (a) Voter registration information; Internet posting of
8voter registration form. Within 90 days after the effective
9date of this amendatory Act of the 93rd General Assembly, the
10State Board of Elections shall post on its World Wide Web site
11the following information:
12        (1) A comprehensive list of the names, addresses, phone
13    numbers, and websites, if applicable, of all county clerks
14    and boards of election commissioners in Illinois.
15        (2) A schedule of upcoming elections and the deadline
16    for voter registration.
17        (3) A downloadable, printable voter registration form,
18    in at least English and in Spanish versions, that a person
19    may complete and mail or submit to the State Board of
20    Elections or the appropriate county clerk or board of
21    election commissioners.
22Any forms described under paragraph (3) must state the
23following:
24        If you do not have a driver's license or social
25    security number, and this form is submitted by mail, and

 

 

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1    you have never registered to vote in the jurisdiction you
2    are now registering in, then you must send, with this
3    application, either (i) a copy of a current and valid photo
4    identification, or (ii) a copy of a current utility bill,
5    bank statement, government check, paycheck, or other
6    government document that shows the name and address of the
7    voter. If you do not provide the information required
8    above, then you will be required to provide election
9    officials with either (i) or (ii) described above the first
10    time you vote at a voting place or by absentee ballot.
11    (b) Acceptance of registration forms by the State Board of
12Elections and county clerks and board of election
13commissioners. The State Board of Elections, county clerks, and
14board of election commissioners shall accept all completed
15voter registration forms described in subsection (a)(3) of this
16Section and Sections 1A-17 and 1A-30 that are:
17        (1) postmarked on or before the day that voter
18    registration is closed under the Election Code;
19        (2) not postmarked, but arrives no later than 5 days
20    after the close of registration;
21        (3) submitted in person by a person using the form on
22    or before the day that voter registration is closed under
23    the Election Code; or
24        (4) submitted in person by a person who submits one or
25    more forms on behalf of one or more persons who used the
26    form on or before the day that voter registration is closed

 

 

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1    under the Election Code.
2    Upon the receipt of a registration form, the State Board of
3Elections shall mark the date on which the form was received
4and send the form via first class mail to the appropriate
5county clerk or board of election commissioners, as the case
6may be, within 2 business days based upon the home address of
7the person submitting the registration form. The county clerk
8and board of election commissioners shall accept and process
9any form received from the State Board of Elections.
10    (c) Processing of registration forms by county clerks and
11boards of election commissioners. The county clerk or board of
12election commissioners shall promulgate procedures for
13processing the voter registration form.
14    (d) Contents of the voter registration form. The State
15Board shall create a voter registration form, which must
16contain the following content:
17        (1) Instructions for completing the form.
18        (2) A summary of the qualifications to register to vote
19    in Illinois.
20        (3) Instructions for mailing in or submitting the form
21    in person.
22        (4) The phone number for the State Board of Elections
23    should a person submitting the form have questions.
24        (5) A box for the person to check that explains one of
25    3 reasons for submitting the form:
26            (a) new registration;

 

 

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1            (b) change of address; or
2            (c) change of name.
3        (6) a box for the person to check yes or no that asks,
4    "Are you a citizen of the United States?", a box for the
5    person to check yes or no that asks, "Will you be 18 years
6    of age on or before election day?", and a statement of "If
7    you checked 'no' in response to either of these questions,
8    then do not complete this form.".
9        (7) A space for the person to fill in his or her home
10    telephone number.
11        (8) Spaces for the person to fill in his or her first,
12    middle, and last names, street address (principal place of
13    residence), county, city, state, and zip code.
14        (9) Spaces for the person to fill in his or her mailing
15    address, city, state, and zip code if different from his or
16    her principal place of residence.
17        (10) A space for the person to fill in his or her
18    Illinois driver's license number if the person has a
19    driver's license.
20        (11) A space for a person without a driver's license to
21    fill in the last four digits of his or her social security
22    number if the person has a social security number.
23        (12) A space for a person without an Illinois driver's
24    license to fill in his or her identification number from
25    his or her State Identification card issued by the
26    Secretary of State.

 

 

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1        (13) A space for the person to fill the name appearing
2    on his or her last voter registration, the street address
3    of his or her last registration, including the city,
4    county, state, and zip code.
5        (14) A space where the person swears or affirms the
6    following under penalty of perjury with his or her
7    signature:
8            (a) "I am a citizen of the United States.";
9            (b) "I will be at least 18 years old on or before
10        the next election.";
11            (c) "I will have lived in the State of Illinois and
12        in my election precinct at least 30 days as of the date
13        of the next election."; and
14            "The information I have provided is true to the
15        best of my knowledge under penalty of perjury. If I
16        have provided false information, then I may be fined,
17        imprisoned, or if I am not a U.S. citizen, deported
18        from or refused entry into the United States."
19        (15) A space for the person to fill in his or her
20    e-mail address if he or she chooses to provide that
21    information.
22    (d-5) Compliance with federal law; rulemaking authority.
23The voter registration form described in this Section shall be
24consistent with the form prescribed by the Federal Election
25Commission under the National Voter Registration Act of 1993,
26P.L. 103-31, as amended from time to time, and the Help America

 

 

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1Vote Act of 2002, P.L. 107-252, in all relevant respects. The
2State Board of Elections shall periodically update the form
3based on changes to federal or State law. The State Board of
4Elections shall promulgate any rules necessary for the
5implementation of this Section; provided that the rules comport
6with the letter and spirit of the National Voter Registration
7Act of 1993 and Help America Vote Act of 2002 and maximize the
8opportunity for a person to register to vote.
9    (e) Forms available in paper form. The State Board of
10Elections shall make the voter registration form available in
11regular paper stock and form in sufficient quantities for the
12general public. The State Board of Elections may provide the
13voter registration form to the Secretary of State, county
14clerks, boards of election commissioners, designated agencies
15of the State of Illinois, and any other person or entity
16designated to have these forms by the Election Code in regular
17paper stock and form or some other format deemed suitable by
18the Board. Each county clerk or board of election commissioners
19has the authority to design and print its own voter
20registration form so long as the form complies with the
21requirements of this Section. The State Board of Elections,
22county clerks, boards of election commissioners, or other
23designated agencies of the State of Illinois required to have
24these forms under the Election Code shall provide a member of
25the public with any reasonable number of forms that he or she
26may request. Nothing in this Section shall permit the State

 

 

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1Board of Elections, county clerk, board of election
2commissioners, or other appropriate election official who may
3accept a voter registration form to refuse to accept a voter
4registration form because the form is printed on photocopier or
5regular paper stock and form.
6    (f) (Blank).
7(Source: P.A. 98-115, eff. 10-1-13.)
 
8    (10 ILCS 5/1A-16.5)
9    Sec. 1A-16.5. Online voter registration.
10    (a) The State Board of Elections shall establish and
11maintain a system for online voter registration that permits a
12person to apply to register to vote or to update his or her
13existing voter registration. In accordance with technical
14specifications provided by the State Board of Elections, each
15election authority shall maintain a voter registration system
16capable of receiving and processing voter registration
17application information, including electronic signatures, from
18the online voter registration system established by the State
19Board of Elections.
20    (b) The online voter registration system shall employ
21security measures to ensure the accuracy and integrity of voter
22registration applications submitted electronically pursuant to
23this Section.
24    (c) The Board may receive voter registration information
25provided by applicants using the State Board of Elections'

 

 

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1website, may cross reference that information with data or
2information contained in the Secretary of State's database in
3order to match the information submitted by applicants, and may
4receive from the Secretary of State the applicant's digitized
5signature upon a successful match of that applicant's
6information with that contained in the Secretary of State's
7database.
8    (d) Notwithstanding any other provision of law, a person
9who is qualified to register to vote and who has an authentic
10Illinois driver's license or State identification card issued
11by the Secretary of State may submit an application to register
12to vote electronically on a website maintained by the State
13Board of Elections.
14    (e) An online voter registration application shall contain
15all of the information that is required for a paper application
16as provided in Section 1A-16 of this Code, except that the
17applicant shall be required to provide:
18        (1) the applicant's full Illinois driver's license or
19    State identification card number;
20        (2) the last 4 digits of the applicant's social
21    security number; and
22        (3) the date the Illinois driver's license or State
23    identification card was issued.
24    (f) For an applicant's registration or change in
25registration to be accepted, the applicant shall mark the box
26associated with the following statement included as part of the

 

 

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

 

 

09800SB0172ham002- 21 -LRB098 04408 MGM 62714 a

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

 

 

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1    registration: (i) the application, along with the
2    applicant's relevant data that can be directly loaded into
3    the jurisdiction's voter registration system and (ii) a
4    copy of the applicant's electronic signature and a
5    certification from the State Board of Elections that the
6    applicant's driver's license or State identification card
7    number, driver's license or State identification card date
8    of issuance, and date of birth and social security
9    information have been successfully matched.
10    (i) Upon receipt of the online voter registration
11application, the county clerk or board of election
12commissioners having jurisdiction over the applicant's voter
13registration shall promptly search its voter registration
14database to determine whether the applicant is already
15registered to vote at the address on the application and
16whether the new registration would create a duplicate
17registration. If the applicant is already registered to vote at
18the address on the application, the clerk or board, as the case
19may be, shall send the applicant by first class mail, and
20electronic mail if the applicant has provided an electronic
21mail address on the original voter registration form for that
22address, a disposition notice as otherwise required by law
23informing the applicant that he or she is already registered to
24vote at such address. If the applicant is not already
25registered to vote at the address on the application and the
26applicant is otherwise eligible to register to vote, the clerk

 

 

09800SB0172ham002- 23 -LRB098 04408 MGM 62714 a

1or board, as the case may be, shall:
2        (1) enter the name and address of the applicant on the
3    list of registered voters in the jurisdiction; and
4        (2) send by mail, and electronic mail if the applicant
5    has provided an electronic mail address on the voter
6    registration form, a disposition notice to the applicant as
7    otherwise provided by law setting forth the applicant's
8    name and address as it appears on the application and
9    stating that the person is registered to vote.
10    (j) An electronic signature of the person submitting a
11duplicate registration application or a change of address form
12that is retrieved and imported from the Secretary of State's
13driver's license or State identification card database as
14provided herein may, in the discretion of the clerk or board,
15be substituted for and replace any existing signature for that
16individual in the voter registration database of the county
17clerk or board of election commissioners.
18    (k) Any new registration or change of address submitted
19electronically as provided in this Section shall become
20effective as of the date it is received by the county clerk or
21board of election commissioners having jurisdiction over said
22registration. Disposition notices prescribed in this Section
23shall be sent within 5 business days of receipt of the online
24application or change of address by the county clerk or board
25of election commissioners.
26    (l) All provisions of this Code governing voter

 

 

09800SB0172ham002- 24 -LRB098 04408 MGM 62714 a

1registration and applicable thereto and not inconsistent with
2this Section shall apply to online voter registration under
3this Section. All applications submitted on a website
4maintained by the State Board of Elections shall be deemed
5timely filed if they are submitted no later than 11:59 p.m. on
6the final day for voter registration prior to an election.
7After the registration period for an upcoming election has
8ended and until the 2nd day following such election, the web
9page containing the online voter registration form on the State
10Board of Elections website shall inform users of the procedure
11for grace period voting.
12    (m) The State Board of Elections shall maintain a list of
13the name, street address, e-mail address, and likely precinct,
14ward, township, and district numbers, as the case may be, of
15people who apply to vote online through the voter registration
16system and those names and that information shall be stored in
17an electronic format on its website, arranged by county and
18accessible to State and local political committees.
19    (n) The Illinois State Board of Elections shall develop or
20cause to be developed an online voter registration system able
21to be accessed by at least the top two most used mobile
22electronic operating systems by January 1, 2016. The Illinois
23State Board of Elections shall submit a report to the General
24Assembly and the Governor by January 31, 2014 detailing the
25progress made to implement the online voter registration system
26described in this Section.

 

 

09800SB0172ham002- 25 -LRB098 04408 MGM 62714 a

1    (o) (Blank). The online voter registration system provided
2for in this Section shall be fully operational by July 1, 2014.
3    (p) Each State department that maintains an Internet
4website must include a hypertext link to the homepage website
5maintained and operated pursuant to this Section 1A-16.5. For
6the purposes of this Section, "State department" means the
7departments of State Government listed in Section 5-15 of the
8Civil Administrative Code of Illinois (General Provisions and
9Departments of State Government).
10(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
 
11    (10 ILCS 5/1A-16.6 new)
12    Sec. 1A-16.6. Government agency voter registration.
13    (a) By April 1, 2016, the State Board of Elections shall
14establish and maintain a portal for government agency
15registration that permits an eligible person to electronically
16apply to register to vote or to update his or her existing
17voter registration whenever he or she conducts business, either
18online or in person, with a designated government agency. The
19portal shall interface with the online voter registration
20system established in Section 1A-16.5 of this Code and shall be
21capable of receiving and processing voter registration
22application information, including electronic signatures, from
23a designated government agency. The State Board of Elections
24shall modify the online voter registration system as necessary
25to implement this Section.

 

 

09800SB0172ham002- 26 -LRB098 04408 MGM 62714 a

1    Voter registration data received from a designated
2government agency through the online registration system shall
3be processed as provided for in Section 1A-16.5 of this Code.
4    Whenever the registration interface is accessible to the
5general public, including, but not limited to, online
6transactions, the interface shall allow the applicant to
7complete the process as provided for in Section 1A-16.5 of this
8Code. The online interface shall be capable of providing the
9applicant with the applicant's voter registration status with
10the State Board of Elections and, if registered, the
11applicant's current registration address. The applicant shall
12not be required to re-enter any registration data, such as
13name, address, and birth date, if the designated government
14agency already has that information on file. The applicant
15shall be informed that by choosing to register to vote or to
16update his or her existing voter registration, the applicant
17consents to the transfer of the applicant's personal
18information to the State Board of Elections.
19    Whenever a government employee is accessing the
20registration system while servicing the applicant, the
21government employee shall notify the applicant of the
22applicant's registration status with the State Board of
23Elections and, if registered, the applicant's current
24registration address. If the applicant elects to register to
25vote or to update his or her existing voter registration, the
26government employee shall collect the needed information and

 

 

09800SB0172ham002- 27 -LRB098 04408 MGM 62714 a

1assist the applicant with his or her registration. The
2applicant shall be informed that by choosing to register to
3vote or to update his or her existing voter registration, the
4applicant consents to the transfer of the applicant's personal
5information to the State Board of Elections.
6    In accordance with technical specifications provided by
7the State Board of Elections, each designated government agency
8shall maintain a data transfer mechanism capable of
9transmitting voter registration application information,
10including electronic signatures where available, to the online
11voter registration system established in Section 1A-16.5 of
12this Code. Each designated government agency shall establish
13and operate a voter registration system capable of transmitting
14voter registration application information to the portal as
15described in this Section by July 1, 2016.
16    (b) Whenever an applicant's data is transferred from a
17designated government agency, the agency must transmit a
18signature image if available. If no signature image was
19provided by the agency or if no signature image is available in
20the Secretary of State's database or the statewide voter
21registration database, the applicant must be notified that
22their registration will remain in a pending status and the
23applicant will be required to provide identification and a
24signature to the election authority on Election Day in the
25polling place or during early voting.
26    (c) The State Board of Elections shall track registration

 

 

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1data received through the online registration system that
2originated from a designated government agency for the purposes
3of maintaining statistics required by the federal National
4Voter Registration Act of 1993, as amended.
5    (d) The State Board of Elections shall submit a report to
6the General Assembly and the Governor by December 1, 2015
7detailing the progress made to implement the government agency
8voter registration portal described in this Section.
9    (e) The Board shall adopt rules, in consultation with the
10impacted agencies.
11    (f) As used in this Section a "designated government
12agency" means the Secretary of State's Driver Services and
13Vehicle Services Departments, the Department of Human
14Services, the Department of Healthcare and Family Services, the
15Department of Employment Security, and the Department on Aging.
 
16    (10 ILCS 5/1A-16.8 new)
17    Sec. 1A-16.8. Automatic transfer of registration based
18upon information from the National Change of Address database.
19The State Board of Elections shall cross-reference the
20statewide voter registration database against the United
21States Postal Service's National Change of Address database
22twice each calendar year, April 15 and October 1 in
23odd-numbered years and April 15 and December 1 in even-numbered
24years, and shall share the findings with the election
25authorities. An election authority shall automatically

 

 

09800SB0172ham002- 29 -LRB098 04408 MGM 62714 a

1register any voter who has moved into its jurisdiction from
2another jurisdiction in Illinois or has moved within its
3jurisdiction provided that:
4        (1) the election authority whose jurisdiction includes
5    the new registration address provides the voter an
6    opportunity to reject the change in registration address
7    through a mailing, sent by non-forwardable mail, to the new
8    registration address, and
9        (2) when the election authority whose jurisdiction
10    includes the previous registration address is a different
11    election authority, then that election authority provides
12    the same opportunity through a mailing, sent by forwardable
13    mail, to the previous registration address.
14    This change in registration shall trigger the same
15inter-jurisdictional or intra-jurisdictional workflows as if
16the voter completed a new registration card, including the
17cancellation of the voter's previous registration. Should the
18registration of a voter be changed from one address to another
19within the State and should the voter appear at the polls and
20offer to vote from the prior registration address, attesting
21that the prior registration address is the true current
22address, the voter, if confirmed by the election authority as
23having been registered at the prior registration address and
24canceled only by the process authorized by this Section, shall
25be issued a regular ballot, and the change of registration
26address shall be canceled. If the election authority is unable

 

 

09800SB0172ham002- 30 -LRB098 04408 MGM 62714 a

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

 

 

09800SB0172ham002- 31 -LRB098 04408 MGM 62714 a

1    form and electronically enter verified registrations on an
2    expedited basis onto the statewide voter registration
3    list. All original registration cards shall remain
4    permanently in the office of the election authority as
5    required by this Code.
6        (3) The centralized statewide voter registration list
7    shall:
8            (i) Be designed to allow election authorities to
9        utilize the registration data on the statewide voter
10        registration list pertinent to voters registered in
11        their election jurisdiction on locally maintained
12        software programs that are unique to each
13        jurisdiction.
14            (ii) Allow each election authority to perform
15        essential election management functions, including but
16        not limited to production of voter lists, processing of
17        vote by mail absentee voters, production of
18        individual, pre-printed applications to vote,
19        administration of election judges, and polling place
20        administration, but shall not prevent any election
21        authority from using information from that election
22        authority's own systems.
23        (4) The registration information maintained by each
24    election authority shall be synchronized with that
25    authority's information on the statewide list at least once
26    every 24 hours.

 

 

09800SB0172ham002- 32 -LRB098 04408 MGM 62714 a

1    To protect the privacy and confidentiality of voter
2registration information, the disclosure of any portion of the
3centralized statewide voter registration list to any person or
4entity other than to a State or local political committee and
5other than to a governmental entity for a governmental purpose
6is specifically prohibited except as follows: (1) subject to
7security measures adopted by the State Board of Elections
8which, at a minimum, shall include the keeping of a catalog or
9database, available for public view, including the name,
10address, and telephone number of the person viewing the list as
11well as the time of that viewing, any person may view the list
12on a computer screen at the Springfield office of the State
13Board of Elections, during normal business hours other than
14during the 27 days before an election, but the person viewing
15the list under this exception may not print, duplicate,
16transmit, or alter the list; or (2) as may be required by an
17agreement the State Board of Elections has entered into with a
18multi-state voter registration list maintenance system.
19(Source: P.A. 98-115, eff. 7-29-13.)
 
20    (10 ILCS 5/1A-45 new)
21    Sec. 1A-45. Electronic Registration Information Center.
22    (a) The State Board of Elections shall enter into an
23agreement with the Electronic Registration Information Center
24effective no later than January 1, 2016, for the purpose of
25maintaining a statewide voter registration database. The State

 

 

09800SB0172ham002- 33 -LRB098 04408 MGM 62714 a

1Board of Elections shall comply with the requirements of the
2Electronic Registration Information Center Membership
3Agreement. The State Board of Elections shall require a term in
4the Electronic Registration Information Center Membership
5Agreement that requires the State to share identification
6records contained in the Secretary of State's Driver Services
7Department and Vehicle Services Department, the Department of
8Human Services, the Department of Healthcare and Family
9Services, the Department of Aging, and the Department of
10Employment Security databases (excluding those fields
11unrelated to voter eligibility, such as income or health
12information).
13    (b) The Secretary of State and the Board of Elections shall
14enter into an agreement to permit the Secretary of State to
15provide the State Board of Elections with any information
16required for compliance with the Electronic Registration
17Information Center Membership Agreement. The Secretary of
18State shall deliver this information as frequently as necessary
19for the State Board of Elections to comply with the Electronic
20Registration Information Center Membership Agreement.
21    (b-5) The State Board of Elections and the Department of
22Human Services, the Department of Healthcare and Family
23Services, the Department on Aging, and the Department of
24Employment Security shall enter into an agreement to require
25each department to provide the State Board of Elections with
26any information necessary to transmit member data under the

 

 

09800SB0172ham002- 34 -LRB098 04408 MGM 62714 a

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

 

 

09800SB0172ham002- 35 -LRB098 04408 MGM 62714 a

1Registration Information Center as eligible to vote but who is
2not registered to vote in Illinois shall be prepared and
3disseminated at the direction of the State Board of Elections.
4All other communications with potential registrants or
5re-registrants pursuant to the Electronic Registration
6Information Center Membership Agreement shall be prepared and
7disseminated at the direction of the appropriate election
8authority.
9    (e) The Executive Director of the State Board of Elections
10or his or her designee shall serve as the Member Representative
11to the Electronic Registration Information Center.
12    (f) The State Board of Elections may adopt any rules
13necessary to enforce this Section or comply with the Electronic
14Registration Information Center Membership Agreement.
 
15    (10 ILCS 5/3-6)
16    Sec. 3-6. Voting age. Notwithstanding any other provision
17of law, a person who is 17 years old on the date of a primary
18election and who is otherwise qualified to vote is qualified to
19vote at that primary, including voting a vote by mail an
20absentee, grace period, or early voting ballot with respect to
21that primary, if that person will be 18 years old on the date
22of the immediately following general election.
23    References in this Code and elsewhere to the requirement
24that a person must be 18 years old to vote shall be interpreted
25in accordance with this Section.

 

 

09800SB0172ham002- 36 -LRB098 04408 MGM 62714 a

1    For the purposes of this Act, an individual who is 17 years
2of age and who will be 18 years of age on the date of the
3general election shall be deemed competent to execute and
4attest to any voter registration forms.
5(Source: P.A. 98-51, eff. 1-1-14.)
 
6    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
7    Sec. 4-6.3. The county clerk may establish a temporary
8place of registration for such times and at such locations
9within the county as the county clerk may select. However, no
10temporary place of registration may be in operation during the
1127 days preceding an election. Notice of the time and place of
12registration under this Section shall be published by the
13county clerk in a newspaper having a general circulation in the
14county not less than 3 nor more than 15 days before the holding
15of such registration.
16    Temporary places of registration shall be established so
17that the areas of concentration of population or use by the
18public are served, whether by facilities provided in places of
19private business or in public buildings or in mobile units.
20Areas which may be designated as temporary places of
21registration include, but are not limited to, facilities
22licensed or certified pursuant to the Nursing Home Care Act,
23the Specialized Mental Health Rehabilitation Act of 2013, or
24the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
25shopping centers, business districts, public buildings and

 

 

09800SB0172ham002- 37 -LRB098 04408 MGM 62714 a

1county fairs.
2    Temporary places of registration shall be available to the
3public not less than 2 hours per year for each 1,000 population
4or fraction thereof in the county.
5    All temporary places of registration shall be manned by
6deputy county clerks or deputy registrars appointed pursuant to
7Section 4-6.2.
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.)
 
10    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
11    Sec. 4-10. Except as herein provided, no person shall be
12registered, unless he applies in person to a registration
13officer, answers such relevant questions as may be asked of him
14by the registration officer, and executes the affidavit of
15registration. The registration officer shall require the
16applicant to furnish two forms of identification, and except in
17the case of a homeless individual, one of which must include
18his or her residence address. These forms of identification
19shall include, but not be limited to, any of the following:
20driver's license, social security card, public aid
21identification card, utility bill, employee or student
22identification card, lease or contract for a residence, credit
23card, or a civic, union or professional association membership
24card. The registration officer shall require a homeless
25individual to furnish evidence of his or her use of the mailing

 

 

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

 

 

09800SB0172ham002- 39 -LRB098 04408 MGM 62714 a

1applicant resides, shall be permitted to be present at the
2place of any precinct registration and shall have the right to
3challenge any applicant who applies to be registered.
4    In case the officer is not satisfied that the applicant is
5qualified he shall forthwith notify such applicant in writing
6to appear before the county clerk to complete his registration.
7Upon the card of such applicant shall be written the word
8"incomplete" and no such applicant shall be permitted to vote
9unless such registration is satisfactorily completed as
10hereinafter provided. No registration shall be taken and marked
11as incomplete if information to complete it can be furnished on
12the date of the original application.
13    Any person claiming to be an elector in any election
14precinct and whose registration card is marked "Incomplete" may
15make and sign an application in writing, under oath, to the
16county clerk in substance in the following form:
17    "I do solemnly swear that I, ...., did on (insert date)
18make application to the board of registry of the .... precinct
19of the township of .... (or to the county clerk of .... county)
20and that said board or clerk refused to complete my
21registration as a qualified voter in said precinct. That I
22reside in said precinct, that I intend to reside in said
23precinct, and am a duly qualified voter of said precinct and am
24entitled to be registered to vote in said precinct at the next
25election.
26(Signature of applicant) ............................."
 

 

 

09800SB0172ham002- 40 -LRB098 04408 MGM 62714 a

1    All such applications shall be presented to the county
2clerk or to his duly authorized representative by the
3applicant, in person between the hours of 9:00 a.m. and 5:00
4p.m. on any day after the days on which the 1969 and 1970
5precinct re-registrations are held but not on any day within 27
6days preceding the ensuing general election and thereafter for
7the registration provided in Section 4-7 all such applications
8shall be presented to the county clerk or his duly authorized
9representative by the applicant in person between the hours of
109:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
11the ensuing general election. Such application shall be heard
12by the county clerk or his duly authorized representative at
13the time the application is presented. If the applicant for
14registration has registered with the county clerk, such
15application may be presented to and heard by the county clerk
16or by his duly authorized representative upon the dates
17specified above or at any time prior thereto designated by the
18county clerk.
19    Any otherwise qualified person who is absent from his
20county of residence either due to business of the United States
21or because he is temporarily outside the territorial limits of
22the United States may become registered by mailing an
23application to the county clerk within the periods of
24registration provided for in this Article, or by simultaneous
25application for absentee registration by mail and vote by mail

 

 

09800SB0172ham002- 41 -LRB098 04408 MGM 62714 a

1absentee ballot as provided in Article 20 of this Code.
2    Upon receipt of such application the county clerk shall
3immediately mail an affidavit of registration in duplicate,
4which affidavit shall contain the following and such other
5information as the State Board of Elections may think it proper
6to require for the identification of the applicant:
7    Name. The name of the applicant, giving surname and first
8or Christian name in full, and the middle name or the initial
9for such middle name, if any.
10    Sex.
11    Residence. The name and number of the street, avenue or
12other location of the dwelling, and such additional clear and
13definite description as may be necessary to determine the exact
14location of the dwelling of the applicant. Where the location
15cannot be determined by street and number, then the Section,
16congressional township and range number may be used, or such
17other information as may be necessary, including post office
18mailing address.
19    Electronic mail address, if the registrant has provided
20this information.
21    Term of residence in the State of Illinois and the
22precinct.
23    Nativity. The State or country in which the applicant was
24born.
25    Citizenship. Whether the applicant is native born or
26naturalized. If naturalized, the court, place and date of

 

 

09800SB0172ham002- 42 -LRB098 04408 MGM 62714 a

1naturalization.
2    Age. Date of birth, by month, day and year.
3    Out of State address of ..........................
4
AFFIDAVIT OF REGISTRATION
5State of ...........)  
6                   )ss
7County of ..........)
8    I hereby swear (or affirm) that I am a citizen of the
9United States; that on the day of the next election I shall
10have resided in the State of Illinois and in the election
11precinct 30 days; that I am fully qualified to vote, that I am
12not registered to vote anywhere else in the United States, that
13I intend to remain a resident of the State of Illinois and of
14the election precinct, that I intend to return to the State of
15Illinois, and that the above statements are true.
16
..............................
17
(His or her signature or mark)
18    Subscribed and sworn to before me, an officer qualified to
19administer oaths, on (insert date).
20
........................................
21
Signature of officer administering oath.
22    Upon receipt of the executed duplicate affidavit of
23Registration, the county clerk shall transfer the information
24contained thereon to duplicate Registration Cards provided for
25in Section 4-8 of this Article and shall attach thereto a copy
26of each of the duplicate affidavit of registration and

 

 

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1thereafter such registration card and affidavit shall
2constitute the registration of such person the same as if he
3had applied for registration in person.
4(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
5eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
698-756, eff. 7-16-14.)
 
7    (10 ILCS 5/4-50)
8    Sec. 4-50. Grace period. Notwithstanding any other
9provision of this Code to the contrary, each election authority
10shall establish procedures for the registration of voters and
11for change of address during the period from the close of
12registration for an a primary or election and until and
13including the 3rd day of the before the primary or election,
14except that during the 2014 general election the period shall
15extend until the polls close on election day. During this grace
16period, an unregistered qualified elector may register to vote,
17and a registered voter may submit a change of address form, in
18person in the office of the election authority, at a permanent
19polling place established under Section 19A-10, at any other
20early voting site beginning 15 days prior to the election, at a
21polling place on election day, or at a voter registration
22location specifically designated for this purpose by the
23election authority. During the 2014 general election, an
24unregistered qualified elector may register to vote, and a
25registered voter may submit a change of address form, in person

 

 

09800SB0172ham002- 44 -LRB098 04408 MGM 62714 a

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

 

 

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1means pursuant to a process established by the State Board of
2Elections the voter's name, street address, e-mail address, and
3precinct, ward, township, and district numbers, as the case may
4be, to the State Board of Elections, which shall maintain those
5names and that information in an electronic format on its
6website, arranged by county and accessible to State and local
7political committees. The name of each person issued a grace
8period ballot shall also be placed on the appropriate precinct
9list of persons to whom vote by mail absentee and early ballots
10have been issued, for use as provided in Sections 17-9 and
1118-5.
12    A person who casts a grace period ballot shall not be
13permitted to revoke that ballot and vote another ballot with
14respect to that primary or election. Ballots cast by persons
15who register or change address during the grace period at a
16location other than their designated polling place on election
17day must be transmitted to and counted at the election
18authority's central ballot counting location and shall not be
19transmitted to and counted at precinct polling places. The
20grace period ballots determined to be valid shall be added to
21the vote totals for the precincts for which they were cast in
22the order in which the ballots were opened.
23    In counties with a population of less than 100,000 that do
24not have electronic poll books, the election authority may opt
25out of registration in the polling place if the election
26authority establishes grace period registration and voting at

 

 

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1other sites on election day at the following sites: (i) the
2election authority's main office and (ii) a polling place in
3each municipality where 20% or more of the county's residents
4reside if the election authority's main office is not located
5in that municipality. The election authority may establish
6other grace period registration and voting sites on election
7day provided that the election authority has met the notice
8requirements of Section 19A-25 for permanent and temporary
9early voting sites.
10(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1198-691, eff. 7-1-14.)
 
12    (10 ILCS 5/4-105)
13    Sec. 4-105. First time voting. A person must vote for the
14first time in person and not by a vote by mail mailed absentee
15ballot if the person registered to vote by mail, unless the
16person first provides the appropriate election authority with
17sufficient proof of identity and the election authority
18verifies the person's proof of identity. Sufficient proof of
19identity shall be demonstrated by submission of the person's
20driver's license number or State identification card number or,
21if the person does not have either of those, verification by
22the last 4 digits of the person's social security number, a
23copy of a current and valid photo identification, or a copy of
24a current utility bill, bank statement, paycheck, government
25check, or other federal, State, or local government document

 

 

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1that shows the person's name and address. A person may also
2demonstrate sufficient proof of identity by submission of a
3photo identification issued by a college or university
4accompanied by either a copy of the applicant's contract or
5lease for a residence or any postmarked mail delivered to the
6applicant at his or her current residence address. Persons who
7apply to register to vote by mail but provide inadequate proof
8of identity to the election authority shall be notified by the
9election authority that the registration has not been fully
10completed and that the person remains ineligible to vote by
11mail or in person until such proof is presented.
12(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
13    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
14    Sec. 5-9. Except as herein provided, no person shall be
15registered unless he applies in person to registration officer,
16answers such relevant questions as may be asked of him by the
17registration officer, and executes the affidavit of
18registration. The registration officer shall require the
19applicant to furnish two forms of identification, and except in
20the case of a homeless individual, one of which must include
21his or her residence address. These forms of identification
22shall include, but not be limited to, any of the following:
23driver's license, social security card, public aid
24identification card, utility bill, employee or student
25identification card, lease or contract for a residence, credit

 

 

09800SB0172ham002- 48 -LRB098 04408 MGM 62714 a

1card, or a civic, union or professional association membership
2card. The registration officer shall require a homeless
3individual to furnish evidence of his or her use of the mailing
4address stated. This use may be demonstrated by a piece of mail
5addressed to that individual and received at that address or by
6a statement from a person authorizing use of the mailing
7address. The registration officer shall require each applicant
8for registration to read or have read to him the affidavit of
9registration before permitting him to execute the affidavit.
10    One of the Deputy Registrars, the Judge of Registration, or
11an Officer of Registration, County Clerk, or clerk in the
12office of the County Clerk, shall administer to all persons who
13shall personally apply to register the following oath or
14affirmation:
15    "You do solemnly swear (or affirm) that you will fully and
16truly answer all such questions as shall be put to you touching
17your place of residence, name, place of birth, your
18qualifications as an elector and your right as such to register
19and vote under the laws of the State of Illinois."
20    The Registration Officer shall satisfy himself that each
21applicant for registration is qualified to register before
22registering him. If the registration officer has reason to
23believe that the applicant is a resident of a Soldiers' and
24Sailors' Home or any facility which is licensed or certified
25pursuant to the Nursing Home Care Act, the Specialized Mental
26Health Rehabilitation Act of 2013, or the ID/DD Community Care

 

 

09800SB0172ham002- 49 -LRB098 04408 MGM 62714 a

1Act, the following question shall be put, "When you entered the
2home which is your present address, was it your bona fide
3intention to become a resident thereof?" Any voter of a
4township, city, village or incorporated town in which such
5applicant resides, shall be permitted to be present at the
6place of precinct registration, and shall have the right to
7challenge any applicant who applies to be registered.
8    In case the officer is not satisfied that the applicant is
9qualified, he shall forthwith in writing notify such applicant
10to appear before the County Clerk to furnish further proof of
11his qualifications. Upon the card of such applicant shall be
12written the word "Incomplete" and no such applicant shall be
13permitted to vote unless such registration is satisfactorily
14completed as hereinafter provided. No registration shall be
15taken and marked as "incomplete" if information to complete it
16can be furnished on the date of the original application.
17    Any person claiming to be an elector in any election
18precinct in such township, city, village or incorporated town
19and whose registration is marked "Incomplete" may make and sign
20an application in writing, under oath, to the County Clerk in
21substance in the following form:
22    "I do solemnly swear that I, .........., did on (insert
23date) make application to the Board of Registry of the ........
24precinct of ........ ward of the City of .... or of the
25......... District ......... Town of .......... (or to the
26County Clerk of .............) and ............ County; that

 

 

09800SB0172ham002- 50 -LRB098 04408 MGM 62714 a

1said Board or Clerk refused to complete my registration as a
2qualified voter in said precinct, that I reside in said
3precinct (or that I intend to reside in said precinct), am a
4duly qualified voter and entitled to vote in said precinct at
5the next election.
6
...........................
7
(Signature of Applicant)"
8    All such applications shall be presented to the County
9Clerk by the applicant, in person between the hours of nine
10o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
11the third week subsequent to the weeks in which the 1961 and
121962 precinct re-registrations are to be held, and thereafter
13for the registration provided in Section 5-17 of this Article,
14all such applications shall be presented to the County Clerk by
15the applicant in person between the hours of nine o'clock a.m.
16and nine o'clock p.m. on Monday and Tuesday of the third week
17prior to the date on which such election is to be held.
18    Any otherwise qualified person who is absent from his
19county of residence either due to business of the United States
20or because he is temporarily outside the territorial limits of
21the United States may become registered by mailing an
22application to the county clerk within the periods of
23registration provided for in this Article or by simultaneous
24application for absentee registration by mail and vote by mail
25absentee ballot as provided in Article 20 of this Code.
26    Upon receipt of such application the county clerk shall

 

 

09800SB0172ham002- 51 -LRB098 04408 MGM 62714 a

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

 

 

09800SB0172ham002- 52 -LRB098 04408 MGM 62714 a

1    Out of State address of ..........................
2
AFFIDAVIT OF REGISTRATION
3State of .........)  
4                 )ss
5County of ........)
6    I hereby swear (or affirm) that I am a citizen of the
7United States; that on the day of the next election I shall
8have resided in the State of Illinois for 6 months and in the
9election precinct 30 days; that I am fully qualified to vote,
10that I am not registered to vote anywhere else in the United
11States, that I intend to remain a resident of the State of
12Illinois and of the election precinct, that I intend to return
13to the State of Illinois, and that the above statements are
14true.
15
..............................
16
(His or her signature or mark)
17    Subscribed and sworn to before me, an officer qualified to
18administer oaths, on (insert date).
19
........................................
20
Signature of officer administering oath.

 
21    Upon receipt of the executed duplicate affidavit of
22Registration, the county clerk shall transfer the information
23contained thereon to duplicate Registration Cards provided for
24in Section 5-7 of this Article and shall attach thereto a copy
25of each of the duplicate affidavit of registration and

 

 

09800SB0172ham002- 53 -LRB098 04408 MGM 62714 a

1thereafter such registration card and affidavit shall
2constitute the registration of such person the same as if he
3had applied for registration in person.
4(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
5eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
698-756, eff. 7-16-14.)
 
7    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
8    Sec. 5-16.3. The county clerk may establish temporary
9places of registration for such times and at such locations
10within the county as the county clerk may select. However, no
11temporary place of registration may be in operation during the
1227 days preceding an election. Notice of time and place of
13registration at any such temporary place of registration under
14this Section shall be published by the county clerk in a
15newspaper having a general circulation in the county not less
16than 3 nor more than 15 days before the holding of such
17registration.
18    Temporary places of registration shall be established so
19that the areas of concentration of population or use by the
20public are served, whether by facilities provided in places of
21private business or in public buildings or in mobile units.
22Areas which may be designated as temporary places of
23registration include, but are not limited to, facilities
24licensed or certified pursuant to the Nursing Home Care Act,
25the Specialized Mental Health Rehabilitation Act of 2013, or

 

 

09800SB0172ham002- 54 -LRB098 04408 MGM 62714 a

1the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
2shopping centers, business districts, public buildings and
3county fairs.
4    Temporary places of registration shall be available to the
5public not less than 2 hours per year for each 1,000 population
6or fraction thereof in the county.
7    All temporary places of registration shall be manned by
8deputy county clerks or deputy registrars appointed pursuant to
9Section 5-16.2.
10(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
11eff. 7-13-12; 98-104, eff. 7-22-13.)
 
12    (10 ILCS 5/5-50)
13    Sec. 5-50. Grace period. Notwithstanding any other
14provision of this Code to the contrary, each election authority
15shall establish procedures for the registration of voters and
16for change of address during the period from the close of
17registration for an a primary or election and until and
18including the 3rd day of the before the primary or election,
19except that during the 2014 general election the period shall
20extend until the polls close on election day. During this grace
21period, an unregistered qualified elector may register to vote,
22and a registered voter may submit a change of address form, in
23person in the office of the election authority, at a permanent
24polling place established under Section 19A-10, at any other
25early voting site beginning 15 days prior to the election, at a

 

 

09800SB0172ham002- 55 -LRB098 04408 MGM 62714 a

1polling place on election day, or at a voter registration
2location specifically designated for this purpose by the
3election authority. During the 2014 general election, an
4unregistered qualified elector may register to vote, and a
5registered voter may submit a change of address form, in person
6at any permanent polling place for early voting established
7pursuant to Section 19A-10 through election day. The election
8authority shall register that individual, or change a
9registered voter's address, in the same manner as otherwise
10provided by this Article for registration and change of
11address.
12    If a voter who registers or changes address during this
13grace period wishes to vote at the first election or primary
14occurring during after the grace period, he or she must do so
15by grace period voting. The election authority shall offer
16in-person grace period voting at his or her office, and any
17permanent polling place established under Section 19A-10, and
18at any other early voting site beginning 15 days prior to the
19election, at a polling place on election day, where grace
20period registration is required by this Section; and may offer
21in-person grace period voting at additional hours and locations
22specifically designated for the purpose of grace period voting
23by the election authority. The election authority may allow
24grace period voting by mail only if the election authority has
25no ballots prepared at the authority's office. Grace period
26voting shall be in a manner substantially similar to voting

 

 

09800SB0172ham002- 56 -LRB098 04408 MGM 62714 a

1under Article 19A 19.
2    Within one day after a voter casts a grace period ballot,
3or within one day after the ballot is received by the election
4authority if the election authority allows grace period voting
5by mail, the election authority shall transmit by electronic
6means pursuant to a process established by the State Board of
7Elections the voter's name, street address, e-mail address, and
8precinct, ward, township, and district numbers, as the case may
9be, to the State Board of Elections, which shall maintain those
10names and that information in an electronic format on its
11website, arranged by county and accessible to State and local
12political committees. The name of each person issued a grace
13period ballot shall also be placed on the appropriate precinct
14list of persons to whom vote by mail absentee and early ballots
15have been issued, for use as provided in Sections 17-9 and
1618-5.
17    A person who casts a grace period ballot shall not be
18permitted to revoke that ballot and vote another ballot with
19respect to that primary or election. Ballots cast by persons
20who register or change address during the grace period at a
21location other than their designated polling place on election
22day must be transmitted to and counted at the election
23authority's central ballot counting location and shall not be
24transmitted to and counted at precinct polling places. The
25grace period ballots determined to be valid shall be added to
26the vote totals for the precincts for which they were cast in

 

 

09800SB0172ham002- 57 -LRB098 04408 MGM 62714 a

1the order in which the ballots were opened.
2    In counties with a population of less than 100,000 that do
3not have electronic poll books, the election authority may opt
4out of registration in the polling place if the election
5authority establishes grace period registration and voting at
6other sites on election day at the following sites: (i) the
7election authority's main office and (ii) a polling place in
8each municipality where 20% or more of the county's residents
9reside if the election authority's main office is not located
10in that municipality. The election authority may establish
11other grace period registration and voting sites on election
12day provided that the election authority has met the notice
13requirements of Section 19A-25 for permanent and temporary
14early voting sites.
15(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1698-691, eff. 7-1-14.)
 
17    (10 ILCS 5/5-105)
18    Sec. 5-105. First time voting. A person must vote for the
19first time in person and not by a vote by mail mailed absentee
20ballot if the person registered to vote by mail, unless the
21person first provides the appropriate election authority with
22sufficient proof of identity and the election authority
23verifies the person's proof of identity. Sufficient proof of
24identity shall be demonstrated by submission of the person's
25driver's license number or State identification card number or,

 

 

09800SB0172ham002- 58 -LRB098 04408 MGM 62714 a

1if the person does not have either of those, verification by
2the last 4 digits of the person's social security number, a
3copy of a current and valid photo identification, or a copy of
4a current utility bill, bank statement, paycheck, government
5check, or other federal, State, or local government document
6that shows the person's name and address. A person may also
7demonstrate sufficient proof of identity by submission of a
8photo identification issued by a college or university
9accompanied by either a copy of the applicant's contract or
10lease for a residence or any postmarked mail delivered to the
11applicant at his or her current residence address. Persons who
12apply to register to vote by mail but provide inadequate proof
13of identity to the election authority shall be notified by the
14election authority that the registration has not been fully
15completed and that the person remains ineligible to vote by
16mail or in person until such proof is presented.
17(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
18    (10 ILCS 5/6-29)  (from Ch. 46, par. 6-29)
19    Sec. 6-29. For the purpose of registering voters under this
20Article, the office of the Board of Election Commissioners
21shall be open during ordinary business hours of each week day,
22from 9 a.m. to 12 o'clock noon on the last four Saturdays
23immediately preceding the end of the period of registration
24preceding each election, and such other days and such other
25times as the board may direct. During the 27 days immediately

 

 

09800SB0172ham002- 59 -LRB098 04408 MGM 62714 a

1preceding any election there shall be no registration of voters
2at the office of the Board of Election Commissioners in cities,
3villages and incorporated towns of fewer than 200,000
4inhabitants. In cities, villages and incorporated towns of
5200,000 or more inhabitants, there shall be no registration of
6voters at the office of the Board of Election Commissioners
7during the 35 days immediately preceding any election;
8provided, however, where no precinct registration is being
9conducted prior to any election then registration may be taken
10in the office of the Board up to and including the 28th day
11prior to such election. The Board of Election Commissioners may
12set up and establish as many branch offices for the purpose of
13taking registrations as it may deem necessary, and the branch
14offices may be open on any or all dates and hours during which
15registrations may be taken in the main office. All officers and
16employees of the Board of Election Commissioners who are
17authorized by such board to take registrations under this
18Article shall be considered officers of the circuit court, and
19shall be subject to the same control as is provided by Section
2014-5 of this Act with respect to judges of election.
21    In any election called for the submission of the revision
22or alteration of, or the amendments to the Constitution,
23submitted by a Constitutional Convention, the final day for
24registration at the office of the election authority charged
25with the printing of the ballot of this election shall be the
2615th day prior to the date of election.

 

 

09800SB0172ham002- 60 -LRB098 04408 MGM 62714 a

1    The Board of Election Commissioners shall appoint one or
2more registration teams, consisting of 2 of its employees for
3each team, for the purpose of accepting the registration of any
4voter who files an affidavit, within the period for taking
5registrations provided for in this Article, that he is
6physically unable to appear at the office of the Board or at
7any appointed place of registration. On the day or days when a
8precinct registration is being conducted such teams shall
9consist of one member from each of the 2 leading political
10parties who are serving on the Precinct Registration Board.
11Each team so designated shall visit each disabled person and
12shall accept the registration of such person the same as if he
13had applied for registration in person.
14    Any otherwise qualified person who is absent from his
15county of residence due to business of the United States, or
16who is temporarily residing outside the territorial limits of
17the United States, may make application to become registered by
18mail to the Board of Election Commissioners within the periods
19for registration provided for in this Article or by
20simultaneous application for absentee registration by mail and
21vote by mail absentee ballot as provided in Article 20 of this
22Code.
23    Upon receipt of such application the Board of Election
24Commissioners shall immediately mail an affidavit of
25registration in duplicate, which affidavit shall contain the
26following and such other information as the State Board of

 

 

09800SB0172ham002- 61 -LRB098 04408 MGM 62714 a

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

 

 

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1State of .........)
2                  ) ss.
3County of ........)
4    I hereby swear (or affirm) that I am a citizen of the
5United States; that on the day of the next election I shall
6have resided in the State of Illinois and in the election
7precinct 30 days; that I am fully qualified to vote, that I am
8not registered to vote anywhere else in the United States, that
9I intend to remain a resident of the State of Illinois, and of
10the election precinct, that I intend to return to the State of
11Illinois, and that the above statements are true.
12
..............................
13
(His or her signature or mark)
14    Subscribed and sworn to before me, an officer qualified to
15administer oaths, on (insert date).
16
........................................
17
Signature of officer administering oath.
18    Upon receipt of the executed duplicate affidavit of
19Registration, the Board of Election Commissioners shall
20transfer the information contained thereon to duplicate
21Registration Cards provided for in Section 6-35 of this Article
22and shall attach thereto a copy of each of the duplicate
23affidavit of registration and thereafter such registration
24card and affidavit shall constitute the registration of such
25person the same as if he had applied for registration in
26person.

 

 

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1(Source: P.A. 98-115, eff. 10-1-13.)
 
2    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
3    Sec. 6-50.3. The board of election commissioners may
4establish temporary places of registration for such times and
5at such locations as the board may select. However, no
6temporary place of registration may be in operation during the
727 days preceding an election. Notice of the time and place of
8registration at any such temporary place of registration under
9this Section shall be published by the board of election
10commissioners in a newspaper having a general circulation in
11the city, village or incorporated town not less than 3 nor more
12than 15 days before the holding of such registration.
13    Temporary places of registration shall be established so
14that the areas of concentration of population or use by the
15public are served, whether by facilities provided in places of
16private business or in public buildings or in mobile units.
17Areas which may be designated as temporary places of
18registration include, but are not limited to, facilities
19licensed or certified pursuant to the Nursing Home Care Act,
20the Specialized Mental Health Rehabilitation Act of 2013, or
21the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
22shopping centers, business districts, public buildings and
23county fairs.
24    Temporary places of registration shall be available to the
25public not less than 2 hours per year for each 1,000 population

 

 

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1or fraction thereof in the county.
2    All temporary places of registration shall be manned by
3employees of the board of election commissioners or deputy
4registrars appointed pursuant to Section 6-50.2.
5(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
6eff. 7-13-12; 98-104, eff. 7-22-13.)
 
7    (10 ILCS 5/6-100)
8    Sec. 6-100. Grace period. Notwithstanding any other
9provision of this Code to the contrary, each election authority
10shall establish procedures for the registration of voters and
11for change of address during the period from the close of
12registration for an a primary or election and until and
13including the 3rd day of the before the primary or election,
14except that during the 2014 general election the period shall
15extend until the polls close on election day. During this grace
16period, an unregistered qualified elector may register to vote,
17and a registered voter may submit a change of address form, in
18person in the office of the election authority, at a permanent
19polling place established under Section 19A-10, at any other
20early voting site beginning 15 days prior to the election, at a
21polling place on election day, or at a voter registration
22location specifically designated for this purpose by the
23election authority. During the 2014 general election, an
24unregistered qualified elector may register to vote, and a
25registered voter may submit a change of address form, in person

 

 

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

 

 

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1Elections the voter's name, street address, e-mail address, and
2precinct, ward, township, and district numbers, as the case may
3be, to the State Board of Elections, which shall maintain those
4names and that information in an electronic format on its
5website, arranged by county and accessible to State and local
6political committees. The name of each person issued a grace
7period ballot shall also be placed on the appropriate precinct
8list of persons to whom vote by mail absentee and early ballots
9have been issued, for use as provided in Sections 17-9 and
1018-5.
11    A person who casts a grace period ballot shall not be
12permitted to revoke that ballot and vote another ballot with
13respect to that primary or election. Ballots cast by persons
14who register or change address during the grace period at a
15location other than their designated polling place on election
16day must be transmitted to and counted at the election
17authority's central ballot counting location and shall not be
18transmitted to and counted at precinct polling places. The
19grace period ballots determined to be valid shall be added to
20the vote totals for the precincts for which they were cast in
21the order in which the ballots were opened.
22    In counties with a population of less than 100,000 that do
23not have electronic poll books, the election authority may opt
24out of registration in the polling place if the election
25authority establishes grace period registration and voting at
26other sites on election day at the following sites: (i) the

 

 

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1election authority's main office and (ii) a polling place in
2each municipality where 20% or more of the county's residents
3reside if the election authority's main office is not located
4in that municipality. The election authority may establish
5other grace period registration and voting sites on election
6day provided that the election authority has met the notice
7requirements of Section 19A-25 for permanent and temporary
8early voting sites.
9(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1098-691, eff. 7-1-14.)
 
11    (10 ILCS 5/6-105)
12    Sec. 6-105. First time voting. A person must vote for the
13first time in person and not by a vote by mail mailed absentee
14ballot if the person registered to vote by mail, unless the
15person first provides the appropriate election authority with
16sufficient proof of identity and the election authority
17verifies the person's proof of identity. Sufficient proof of
18identity shall be demonstrated by submission of the person's
19driver's license number or State identification card number or,
20if the person does not have either of those, verification by
21the last 4 digits of the person's social security number, a
22copy of a current and valid photo identification, or a copy of
23a current utility bill, bank statement, paycheck, government
24check, or other federal, State, or local government document
25that shows the person's name and address. A person may also

 

 

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1demonstrate sufficient proof of identity by submission of a
2photo identification issued by a college or university
3accompanied by either a copy of the applicant's contract or
4lease for a residence or any postmarked mail delivered to the
5applicant at his or her current residence address. Persons who
6apply to register to vote by mail but provide inadequate proof
7of identity to the election authority shall be notified by the
8election authority that the registration has not been fully
9completed and that the person remains ineligible to vote by
10mail or in person until such proof is presented.
11(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
12    (10 ILCS 5/7-15)  (from Ch. 46, par. 7-15)
13    Sec. 7-15. At least 60 days prior to each general and
14consolidated primary, the election authority shall provide
15public notice, calculated to reach elderly and handicapped
16voters, of the availability of registration and voting aids
17under the Federal Voting Accessibility for the Elderly and
18Handicapped Act, of the availability of assistance in marking
19the ballot, procedures for voting by a vote by mail absentee
20ballot, and procedures for early voting by personal appearance.
21At least 20 days before the general primary the county clerk of
22each county, and not more than 30 nor less than 10 days before
23the consolidated primary the election authority, shall prepare
24in the manner provided in this Act, a notice of such primary
25which notice shall state the time and place of holding the

 

 

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1primary, the hours during which the polls will be open, the
2offices for which candidates will be nominated at such primary
3and the political parties entitled to participate therein,
4notwithstanding that no candidate of any such political party
5may be entitled to have his name printed on the primary ballot.
6Such notice shall also include the list of addresses of
7precinct polling places for the consolidated primary unless
8such list is separately published by the election authority not
9less than 10 days before the consolidated primary.
10    In counties, municipalities, or towns having fewer than
11500,000 inhabitants notice of the general primary shall be
12published once in two or more newspapers published in the
13county, municipality or town, as the case may be, or if there
14is no such newspaper, then in any two or more newspapers
15published in the county and having a general circulation
16throughout the community.
17    In counties, municipalities, or towns having 500,000 or
18more inhabitants notice of the general primary shall be
19published at least 15 days prior to the primary by the same
20authorities and in the same manner as notice of election for
21general elections are required to be published in counties,
22municipalities or towns of 500,000 or more inhabitants under
23this Act.
24    Notice of the consolidated primary shall be published once
25in one or more newspapers published in each political
26subdivision having such primary, and if there is no such

 

 

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1newspaper, then published once in a local, community newspaper
2having general circulation in the subdivision, and also once in
3a newspaper published in the county wherein the political
4subdivisions, or portions thereof, having such primary are
5situated.
6(Source: P.A. 94-645, eff. 8-22-05.)
 
7    (10 ILCS 5/7-34)  (from Ch. 46, par. 7-34)
8    Sec. 7-34. Pollwatchers in a primary election shall be
9authorized in the following manner:
10    (1) Each established political party shall be entitled to
11appoint one pollwatcher per precinct. Such pollwatchers must be
12affiliated with the political party for which they are
13pollwatching and must be a registered voter in Illinois.
14    (2) Each candidate shall be entitled to appoint two
15pollwatchers per precinct. For Federal, State, county,
16township, and municipal primary elections, the pollwatchers
17must be registered to vote in Illinois.
18    (3) Each organization of citizens within the county or
19political subdivision, which has among its purposes or
20interests the investigation or prosecution of election frauds,
21and which shall have registered its name and address and the
22names and addresses of its principal officers with the proper
23election authority at least 40 days before the primary
24election, shall be entitled to appoint one pollwatcher per
25precinct. For all primary elections, the pollwatcher must be

 

 

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1registered to vote in Illinois.
2    (3.5) Each State nonpartisan civic organization within the
3county or political subdivision shall be entitled to appoint
4one pollwatcher per precinct, provided that no more than 2
5pollwatchers appointed by State nonpartisan civic
6organizations shall be present in a precinct polling place at
7the same time. Each organization shall have registered the
8names and addresses of its principal officers with the proper
9election authority at least 40 days before the primary
10election. The pollwatchers must be registered to vote in
11Illinois. For the purpose of this paragraph, a "State
12nonpartisan civic organization" means any corporation,
13unincorporated association, or organization that:
14        (i) as part of its written articles of incorporation,
15    bylaws, or charter or by separate written declaration, has
16    among its stated purposes the provision of voter
17    information and education, the protection of individual
18    voters' rights, and the promotion of free and equal
19    elections;
20        (ii) is organized or primarily conducts its activities
21    within the State of Illinois; and
22        (iii) continuously maintains an office or business
23    location within the State of Illinois, together with a
24    current listed telephone number (a post office box number
25    without a current listed telephone number is not
26    sufficient).

 

 

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1    (4) Each organized group of proponents or opponents of a
2ballot proposition, which shall have registered the name and
3address of its organization or committee and the name and
4address of its chairman with the proper election authority at
5least 40 days before the primary election, shall be entitled to
6appoint one pollwatcher per precinct. The pollwatcher must be
7registered to vote in Illinois.
8    (5) In any primary election held to nominate candidates for
9the offices of a municipality of less than 3,000,000 population
10that is situated in 2 or more counties, a pollwatcher who is a
11resident of a county in which any part of the municipality is
12situated shall be eligible to serve as a pollwatcher in any
13polling place located within such municipality, provided that
14such pollwatcher otherwise complies with the respective
15requirements of subsections (1) through (4) of this Section and
16is a registered voter whose residence is within Illinois.
17    All pollwatchers shall be required to have proper
18credentials. Such credentials shall be printed in sufficient
19quantities, shall be issued by and under the facsimile
20signature(s) of the election authority and shall be available
21for distribution at least 2 weeks prior to the election. Such
22credentials shall be authorized by the real or facsimile
23signature of the State or local party official or the candidate
24or the presiding officer of the civic organization or the
25chairman of the proponent or opponent group, as the case may
26be.

 

 

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1    Pollwatcher credentials shall be in substantially the
2following form:
 
3
POLLWATCHER CREDENTIALS
4TO THE JUDGES OF ELECTION:
5    In accordance with the provisions of the Election Code, the
6undersigned hereby appoints ........... (name of pollwatcher)
7at .......... (address) in the county of ...........,
8.......... (township or municipality) of ........... (name),
9State of Illinois and who is duly registered to vote from this
10address, to act as a pollwatcher in the ........... precinct of
11the .......... ward (if applicable) of the ...........
12(township or municipality) of ........... at the ...........
13election to be held on (insert date).
14........................  (Signature of Appointing Authority)
15........................  TITLE  (party official,  candidate,
16                                civic organization president,
17                        proponent or opponent group chairman)
18    Under penalties provided by law pursuant to Section 29-10
19of the Election Code, the undersigned pollwatcher certifies
20that he or she resides at .............. (address) in the
21county of ........., ......... (township or municipality) of
22.......... (name), State of Illinois, and is duly registered to
23vote in Illinois.
24...........................        ..........................
25(Precinct and/or Ward in           (Signature of Pollwatcher)

 

 

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1Which Pollwatcher Resides)
 
2    Pollwatchers must present their credentials to the Judges
3of Election upon entering the polling place. Pollwatcher
4credentials properly executed and signed shall be proof of the
5qualifications of the pollwatcher authorized thereby. Such
6credentials are retained by the Judges and returned to the
7Election Authority at the end of the day of election with the
8other election materials. Once a pollwatcher has surrendered a
9valid credential, he may leave and reenter the polling place
10provided that such continuing action does not disrupt the
11conduct of the election. Pollwatchers may be substituted during
12the course of the day, but established political parties,
13candidates, qualified civic organizations and proponents and
14opponents of a ballot proposition can have only as many
15pollwatchers at any given time as are authorized in this
16Article. A substitute must present his signed credential to the
17judges of election upon entering the polling place. Election
18authorities must provide a sufficient number of credentials to
19allow for substitution of pollwatchers. After the polls have
20closed, pollwatchers shall be allowed to remain until the
21canvass of votes is completed; but may leave and reenter only
22in cases of necessity, provided that such action is not so
23continuous as to disrupt the canvass of votes.
24    Candidates seeking office in a district or municipality
25encompassing 2 or more counties shall be admitted to any and

 

 

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1all polling places throughout such district or municipality
2without regard to the counties in which such candidates are
3registered to vote. Actions of such candidates shall be
4governed in each polling place by the same privileges and
5limitations that apply to pollwatchers as provided in this
6Section. Any such candidate who engages in an activity in a
7polling place which could reasonably be construed by a majority
8of the judges of election as campaign activity shall be removed
9forthwith from such polling place.
10    Candidates seeking office in a district or municipality
11encompassing 2 or more counties who desire to be admitted to
12polling places on election day in such district or municipality
13shall be required to have proper credentials. Such credentials
14shall be printed in sufficient quantities, shall be issued by
15and under the facsimile signature of the election authority of
16the election jurisdiction where the polling place in which the
17candidate seeks admittance is located, and shall be available
18for distribution at least 2 weeks prior to the election. Such
19credentials shall be signed by the candidate.
20    Candidate credentials shall be in substantially the
21following form:
 
22
CANDIDATE CREDENTIALS
23    TO THE JUDGES OF ELECTION:
24    In accordance with the provisions of the Election Code, I
25...... (name of candidate) hereby certify that I am a candidate

 

 

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1for ....... (name of office) and seek admittance to .......
2precinct of the ....... ward (if applicable) of the .......
3(township or municipality) of ....... at the ....... election
4to be held on (insert date).
5.........................             .......................
6(Signature of Candidate)              OFFICE FOR WHICH
7                                      CANDIDATE SEEKS
8                                      NOMINATION OR
9                                      ELECTION
 
10    Pollwatchers shall be permitted to observe all proceedings
11and view all reasonably requested records relating to the
12conduct of the election, provided the secrecy of the ballot is
13not impinged, and to station themselves in a position in the
14voting room as will enable them to observe the judges making
15the signature comparison between the voter application and the
16voter registration record card; provided, however, that such
17pollwatchers shall not be permitted to station themselves in
18such close proximity to the judges of election so as to
19interfere with the orderly conduct of the election and shall
20not, in any event, be permitted to handle election materials.
21Pollwatchers may challenge for cause the voting qualifications
22of a person offering to vote and may call to the attention of
23the judges of election any incorrect procedure or apparent
24violations of this Code.
25    If a majority of the judges of election determine that the

 

 

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1polling place has become too overcrowded with pollwatchers so
2as to interfere with the orderly conduct of the election, the
3judges shall, by lot, limit such pollwatchers to a reasonable
4number, except that each candidate and each established or new
5political party shall be permitted to have at least one
6pollwatcher present.
7    Representatives of an election authority, with regard to an
8election under its jurisdiction, the State Board of Elections,
9and law enforcement agencies, including but not limited to a
10United States Attorney, a State's attorney, the Attorney
11General, and a State, county, or local police department, in
12the performance of their official election duties, shall be
13permitted at all times to enter and remain in the polling
14place. Upon entering the polling place, such representatives
15shall display their official credentials or other
16identification to the judges of election.
17    Uniformed police officers assigned to polling place duty
18shall follow all lawful instructions of the judges of election.
19    The provisions of this Section shall also apply to
20supervised casting of vote by mail absentee ballots as provided
21in Section 19-12.2 of this Act.
22(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
 
23    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
24    Sec. 10-7. Any person whose name has been presented as a
25candidate, including nonpartisan and independent candidates,

 

 

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1may cause his name to be withdrawn from any such nomination by
2his request in writing, signed by him and duly acknowledged
3before an officer qualified to take acknowledgment of deeds,
4and presented to the principal office or permanent branch
5office of the Board, the election authority, or the local
6election official, as the case may be, not later than the date
7for certification of candidates for the ballot. No name so
8withdrawn shall be printed upon the ballots under the party
9appellation or title from which the candidate has withdrawn his
10name. If such a request for withdrawal is received after the
11date for certification of the candidates for the ballot, then
12the votes cast for the withdrawn candidate are invalid and
13shall not be reported by the election authority. If the name of
14the same person has been presented as a candidate for 2 or more
15offices which are incompatible so that the same person could
16not serve in more than one of such offices if elected, that
17person must withdraw as a candidate for all but one of such
18offices within the 5 business days following the last day for
19petition filing. If he fails to withdraw as a candidate for all
20but one of such offices within such time, his name shall not be
21certified, nor printed on the ballot, for any office. However,
22nothing in this section shall be construed as precluding a
23judge who is seeking retention in office from also being a
24candidate for another judicial office. Except as otherwise
25herein provided, in case the certificate of nomination or
26petition as provided for in this Article shall contain or

 

 

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1exhibit the name of any candidate for any office upon more than
2one of said certificates or petitions (for the same office),
3then and in that case the Board or election authority or local
4election official, as the case may be, shall immediately notify
5said candidate of said fact and that his name appears
6unlawfully upon more than one of said certificates or petitions
7and that within 3 days from the receipt of said notification,
8said candidate must elect as to which of said political party
9appellations or groups he desires his name to appear and remain
10under upon said ballot, and if said candidate refuses, fails or
11neglects to make such election, then and in that case the Board
12or election authority or local election official, as the case
13may be, shall permit the name of said candidate to appear or be
14printed or placed upon said ballot only under the political
15party appellation or group appearing on the certificate of
16nomination or petition, as the case may be, first filed, and
17shall strike or cause to be stricken the name of said candidate
18from all certificates of nomination and petitions filed after
19the first such certificate of nomination or petition.
20    Whenever the name of a candidate for an office is withdrawn
21from a new political party petition, it shall constitute a
22vacancy in nomination for that office which may be filled in
23accordance with Section 10-11 of this Article; provided, that
24if the names of all candidates for all offices on a new
25political party petition are withdrawn or such petition is
26declared invalid by an electoral board or upon judicial review,

 

 

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1no vacancies in nomination for those offices shall exist and
2the filing of any notice or resolution purporting to fill
3vacancies in nomination shall have no legal effect.
4    Whenever the name of an independent candidate for an office
5is withdrawn or an independent candidate's petition is declared
6invalid by an electoral board or upon judicial review, no
7vacancy in nomination for that office shall exist and the
8filing of any notice or resolution purporting to fill a vacancy
9in nomination shall have no legal effect.
10    All certificates of nomination and nomination papers when
11presented or filed shall be open, under proper regulation, to
12public inspection, and the State Board of Elections and the
13several election authorities and local election officials
14having charge of nomination papers shall preserve the same in
15their respective offices not less than 6 months.
16(Source: P.A. 98-115, eff. 7-29-13.)
 
17    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
18    Sec. 10-9. The following electoral boards are designated
19for the purpose of hearing and passing upon the objector's
20petition described in Section 10-8.
21        1. The State Board of Elections will hear and pass upon
22    objections to the nominations of candidates for State
23    offices, nominations of candidates for congressional or ,
24    legislative offices that are in more than one county or are
25    wholly located within a single county with a population of

 

 

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1    less than 3,000,000 and judicial offices of districts,
2    subcircuits, or circuits situated in more than one county,
3    nominations of candidates for the offices of State's
4    attorney or regional superintendent of schools to be
5    elected from more than one county, and petitions for
6    proposed amendments to the Constitution of the State of
7    Illinois as provided for in Section 3 of Article XIV of the
8    Constitution.
9        2. The county officers electoral board of a county with
10    a population of less than 3,000,000 to hear and pass upon
11    objections to the nominations of candidates for county
12    offices, for congressional, legislative and judicial
13    offices of a district, subcircuit, or circuit coterminous
14    with or less than a county, for any school district
15    offices, for the office of multi-township assessor where
16    candidates for such office are nominated in accordance with
17    this Code, and for all special district offices, shall be
18    composed of the county clerk, or an assistant designated by
19    the county clerk, the State's attorney of the county or an
20    Assistant State's Attorney designated by the State's
21    Attorney, and the clerk of the circuit court, or an
22    assistant designated by the clerk of the circuit court, of
23    the county, of whom the county clerk or his designee shall
24    be the chairman, except that in any county which has
25    established a county board of election commissioners that
26    board shall constitute the county officers electoral board

 

 

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

 

 

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1    board of election commissioners that board shall
2    constitute the county officers electoral board ex-officio.
3    If a school district is located in 2 or more counties, the
4    county officers electoral board of the county in which the
5    principal office of the school district is located shall
6    hear and pass upon objections to nominations of candidates
7    for school district office in that school district.
8        3. The municipal officers electoral board to hear and
9    pass upon objections to the nominations of candidates for
10    officers of municipalities shall be composed of the mayor
11    or president of the board of trustees of the city, village
12    or incorporated town, and the city, village or incorporated
13    town clerk, and one member of the city council or board of
14    trustees, that member being designated who is eligible to
15    serve on the electoral board and has served the greatest
16    number of years as a member of the city council or board of
17    trustees, of whom the mayor or president of the board of
18    trustees shall be the chairman.
19        4. The township officers electoral board to pass upon
20    objections to the nominations of township officers shall be
21    composed of the township supervisor, the town clerk, and
22    that eligible town trustee elected in the township who has
23    had the longest term of continuous service as town trustee,
24    of whom the township supervisor shall be the chairman.
25        5. The education officers electoral board to hear and
26    pass upon objections to the nominations of candidates for

 

 

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1    offices in community college districts shall be composed of
2    the presiding officer of the community college district
3    board, who shall be the chairman, the secretary of the
4    community college district board and the eligible elected
5    community college board member who has the longest term of
6    continuous service as a board member.
7        6. In all cases, however, where the Congressional,
8    Legislative, or Representative district is wholly or
9    partially within the jurisdiction of a single municipal
10    board of election commissioners in Cook County and in all
11    cases where the school district or special district is
12    wholly within the jurisdiction of a municipal board of
13    election commissioners and in all cases where the
14    municipality or township is wholly or partially within the
15    jurisdiction of a municipal board of election
16    commissioners, the board of election commissioners shall
17    ex-officio constitute the electoral board.
18    For special districts situated in more than one county, the
19county officers electoral board of the county in which the
20principal office of the district is located has jurisdiction to
21hear and pass upon objections. For purposes of this Section,
22"special districts" means all political subdivisions other
23than counties, municipalities, townships and school and
24community college districts.
25    In the event that any member of the appropriate board is a
26candidate for the office with relation to which the objector's

 

 

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

 

 

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1    When 2 or more eligible individuals, by reason of their
2terms of service on a city council or board of trustees,
3township board of trustees, or community college district
4board, qualify to serve on an electoral board, the one to serve
5shall be chosen by lot.
6    Any vacancies on an electoral board not otherwise filled
7pursuant to this Section shall be filled by public members
8appointed by the Chief Judge of the Circuit Court for the
9county wherein the electoral board hearing is being held upon
10notification to the Chief Judge of such vacancies. The Chief
11Judge shall be so notified by a member of the electoral board
12or the officer or board with whom the objector's petition was
13filed. In the event that none of the individuals designated by
14this Section to serve on the electoral board are eligible, the
15chairman of an electoral board shall be designated by the Chief
16Judge.
17(Source: P.A. 98-115, eff. 7-29-13.)
 
18    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
19    Sec. 11-4.1. (a) In appointing polling places under this
20Article, the county board or board of election commissioners
21shall, insofar as they are convenient and available, use
22schools and other public buildings as polling places.
23    (b) Upon request of the county board or board of election
24commissioners, the proper agency of government (including
25school districts and units of local government) shall make a

 

 

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1public building under its control available for use as a
2polling place on an election day and for a reasonably necessary
3time before and after election day, without charge. If the
4county board or board of election commissioners chooses a
5school to be a polling place, then the school district must
6make the school available for use as a polling place. However,
7for the day of the election, a school district is encouraged to
8(i) close the school or (ii) hold a teachers institute on that
9day with students not in attendance.
10    (c) A government agency which makes a public building under
11its control available for use as a polling place shall (i)
12ensure the portion of the building to be used as the polling
13place is accessible to handicapped and elderly voters and (ii)
14allow the election authority to administer the election as
15authorized under this Code.
16    (d) If a qualified elector's precinct polling place is a
17school and the elector will be unable to enter that polling
18place without violating Section 11-9.3 of the Criminal Code of
192012 because the elector is a child sex offender as defined in
20Section 11-9.3 of the Criminal Code of 2012, that elector may
21vote by a vote by mail absentee ballot in accordance with
22Article 19 of this Code or may vote early in accordance with
23Article 19A of this Code.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
 
25    (10 ILCS 5/11-7)  (from Ch. 46, par. 11-7)

 

 

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1    Sec. 11-7. For the purpose of the conduct of any
2consolidated election, consolidated primary election, special
3municipal primary election or emergency referendum, an
4election authority may cluster up to four contiguous precincts
5as provided in this Section, which shall constitute a clustered
6voting zone. The common polling place for the clustered voting
7zone shall be located within the territory comprising the
8clustered precincts. Unless the election authority specifies a
9larger number, only one election judge shall be appointed for
10each of the precincts in each clustered voting zone.
11    The judges so appointed may not all be affiliated with the
12same political party.
13    The conduct of an election in a clustered voting zone shall
14be under the general supervision of all the judges of election
15designated to serve in the clustered voting zone. The
16designated judges may perform the duties of election judges for
17the entire clustered voting zone. However, the requirements of
18Section 17-14 shall apply to voter assistance, the requirements
19of Section 24-10 shall apply to voter instruction, the
20requirement of Section 24A-10 shall apply to examination of
21vote by mail absentee ballots, and any disputes as to
22entitlement to vote, challenges, counting of ballots or other
23matters pertaining directly to voting shall be decided by those
24designated judges appointed for the precinct in which the
25affected voter resides or the disputed vote is to be counted.
26    This Section does not apply to any elections in

 

 

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1municipalities with more than 1,000,000 inhabitants.
2(Source: P.A. 90-358, eff. 1-1-98.)
 
3    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
4    Sec. 12-1. At least 60 days prior to each general and
5consolidated election, the election authority shall provide
6public notice, calculated to reach elderly and handicapped
7voters, of the availability of registration and voting aids
8under the Federal Voting Accessibility for the Elderly and
9Handicapped Act, of the availability of assistance in marking
10the ballot, procedures for voting by vote by mail absentee
11ballot, and procedures for voting early by personal appearance.
12    At least 30 days before any general election, and at least
1320 days before any special congressional election, the county
14clerk shall publish a notice of the election in 2 or more
15newspapers published in the county, city, village,
16incorporated town or town, as the case may be, or if there is
17no such newspaper, then in any 2 or more newspapers published
18in the county and having a general circulation throughout the
19community. The notice may be substantially as follows:
20    Notice is hereby given that on (give date), at (give the
21place of holding the election and the name of the precinct or
22district) in the county of (name county), an election will be
23held for (give the title of the several offices to be filled),
24which election will be open at 6:00 a.m. and continued open
25until 7:00 p.m. of that day.

 

 

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1    Dated at .... on (insert date).
2(Source: P.A. 94-645, eff. 8-22-05.)
 
3    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
4    Sec. 13-1. In counties not under township organization, the
5county board of commissioners shall at its meeting in July in
6each even-numbered year appoint in each election precinct 5
7capable and discreet persons meeting the qualifications of
8Section 13-4 to be judges of election. Where neither voting
9machines nor electronic, mechanical or electric voting systems
10are used, the county board may, for any precinct with respect
11to which the board considers such action necessary or desirable
12in view of the number of voters, and shall for general
13elections for any precinct containing more than 600 registered
14voters, appoint in addition to the 5 judges of election a team
15of 5 tally judges. In such precincts the judges of election
16shall preside over the election during the hours the polls are
17open, and the tally judges, with the assistance of the holdover
18judges designated pursuant to Section 13-6.2, shall count the
19vote after the closing of the polls. However, the County Board
20of Commissioners may appoint 3 judges of election to serve in
21lieu of the 5 judges of election otherwise required by this
22Section to serve in any emergency referendum, or in any
23odd-year regular election or in any special primary or special
24election called for the purpose of filling a vacancy in the
25office of representative in the United States Congress or to

 

 

09800SB0172ham002- 91 -LRB098 04408 MGM 62714 a

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

 

 

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1certified list, furnished by the chairman of the County Central
2Committee of the second leading political party. However, if
3only 3 judges of election serve in each election precinct, no
4more than 2 persons of the same political party shall be judges
5of election in the same election precinct; and which political
6party is entitled to 2 judges of election and which political
7party is entitled to one judge of election shall be determined
8in the same manner as set forth in the next two preceding
9sentences with regard to 5 election judges in each precinct.
10Such certified list shall be filed with the county clerk not
11less than 10 days before the annual meeting of the county board
12of commissioners. Such list shall be arranged according to
13precincts. The chairman of each county central committee shall,
14insofar as possible, list persons who reside within the
15precinct in which they are to serve as judges. However, he may,
16in his sole discretion, submit the names of persons who reside
17outside the precinct but within the county embracing the
18precinct in which they are to serve. He must, however, submit
19the names of at least 2 residents of the precinct for each
20precinct in which his party is to have 3 judges and must submit
21the name of at least one resident of the precinct for each
22precinct in which his party is to have 2 judges. The county
23board of commissioners shall acknowledge in writing to each
24county chairman the names of all persons submitted on such
25certified list and the total number of persons listed thereon.
26If no such list is filed or such list is incomplete (that is,

 

 

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1no names or an insufficient number of names are furnished for
2certain election precincts), the county board of commissioners
3shall make or complete such list from the names contained in
4the supplemental list provided for in Section 13-1.1. The
5election judges shall hold their office for 2 years from their
6appointment, and until their successors are duly appointed in
7the manner provided in this Act. The county board of
8commissioners shall fill all vacancies in the office of judge
9of election at any time in the manner provided in this Act.
10(Source: P.A. 94-1000, eff. 7-3-06.)
 
11    (10 ILCS 5/13-1.1)  (from Ch. 46, par. 13-1.1)
12    Sec. 13-1.1. In addition to the list provided for in
13Section 13-1 or 13-2, the chairman of the county central
14committee, or each township committeeperson in a county with a
15population of more than 3,000,000, of each of the two leading
16political parties shall submit to the county board a
17supplemental list, arranged according to precincts in which
18they are to serve, of persons available as judges of election,
19the names and number of all persons listed thereon to be
20acknowledged in writing to the county chairman or township
21committeeperson, as the case may be, submitting such list by
22the county board. Vacancies among the judges of election shall
23be filled by selection from this supplemental list of persons
24qualified under Section 13-4. If the list provided for in
25Section 13-1 or 13-2 for any precinct is exhausted, then

 

 

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1selection shall be made from the supplemental list submitted by
2the chairman of the county central committee, or each township
3committeeperson in a county with a population of more than
43,000,000, of the party. If such supplemental list is exhausted
5for any precinct, then selection shall be made from any of the
6persons on the supplemental list without regard to the
7precincts in which they are listed to serve. No selection or
8appointment from the supplemental list shall be made more than
921 days prior to the date of precinct registration for those
10judges needed as precinct registrars, and more than 60 45 days
11prior to the date of an election for those additional persons
12needed as election judges. In any case where selection cannot
13be made from the supplemental list without violating Section
1413-4, selection shall be made from outside the supplemental
15list of some person qualified under Section 13-4.
16(Source: P.A. 93-574, eff. 8-21-03.)
 
17    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
18    Sec. 13-2. In counties under the township organization the
19county board shall at its meeting in July in each even-numbered
20year except in counties containing a population of 3,000,000
21inhabitants or over and except when such judges are appointed
22by election commissioners, select in each election precinct in
23the county, 5 capable and discreet persons to be judges of
24election who shall possess the qualifications required by this
25Act for such judges. Where neither voting machines nor

 

 

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1electronic, mechanical or electric voting systems are used, the
2county board may, for any precinct with respect to which the
3board considers such action necessary or desirable in view of
4the number of voters, and shall for general elections for any
5precinct containing more than 600 registered voters, appoint in
6addition to the 5 judges of election a team of 5 tally judges.
7In such precincts the judges of election shall preside over the
8election during the hours the polls are open, and the tally
9judges, with the assistance of the holdover judges designated
10pursuant to Section 13-6.2, shall count the vote after the
11closing of the polls. The tally judges shall possess the same
12qualifications and shall be appointed in the same manner and
13with the same division between political parties as is provided
14for judges of election.
15    However, the county board may appoint 3 judges of election
16to serve in lieu of the 5 judges of election otherwise required
17by this Section to serve in any emergency referendum, or in any
18odd-year regular election or in any special primary or special
19election called for the purpose of filling a vacancy in the
20office of representative in the United States Congress or to
21nominate candidates for such purpose.
22    In addition to such precinct judges, the county board shall
23appoint special panels of 3 judges each, who shall possess the
24same qualifications and shall be appointed in the same manner
25and with the same division between political parties as is
26provided for other judges of election. The number of such

 

 

09800SB0172ham002- 96 -LRB098 04408 MGM 62714 a

1panels of judges required shall be determined by regulations of
2the State Board of Elections, which shall base the required
3number of special panels on the number of registered voters in
4the jurisdiction or the number of absentee ballots voted at
5recent elections or any combination of such factors.
6    No more than 3 persons of the same political party shall be
7appointed judges in the same election district or undivided
8precinct. The election of the judges of election in the various
9election precincts shall be made in the following manner: The
10county board shall select and approve 3 of the election judges
11in each precinct from a certified list furnished by the
12chairman of the County Central Committee of the first leading
13political party in such election precinct and shall also select
14and approve 2 judges of election in each election precinct from
15a certified list furnished by the chairman of the County
16Central Committee of the second leading political party in such
17election precinct. However, if only 3 judges of election serve
18in each election precinct, no more than 2 persons of the same
19political party shall be judges of election in the same
20election precinct; and which political party is entitled to 2
21judges of election and which political party is entitled to one
22judge of election shall be determined in the same manner as set
23forth in the next two preceding sentences with regard to 5
24election judges in each precinct. The respective County Central
25Committee chairman shall notify the county board by June 1 of
26each odd-numbered year immediately preceding the annual

 

 

09800SB0172ham002- 97 -LRB098 04408 MGM 62714 a

1meeting of the county board whether or not such certified list
2will be filed by such chairman. Such list shall be arranged
3according to precincts. The chairman of each county central
4committee shall, insofar as possible, list persons who reside
5within the precinct in which they are to serve as judges.
6However, he may, in his sole discretion, submit the names of
7persons who reside outside the precinct but within the county
8embracing the precinct in which they are to serve. He must,
9however, submit the names of at least 2 residents of the
10precinct for each precinct in which his party is to have 3
11judges and must submit the name of at least one resident of the
12precinct for each precinct in which his party is to have 2
13judges. Such certified list, if filed, shall be filed with the
14county clerk not less than 20 days before the annual meeting of
15the county board. The county board shall acknowledge in writing
16to each county chairman the names of all persons submitted on
17such certified list and the total number of persons listed
18thereon. If no such list is filed or the list is incomplete
19(that is, no names or an insufficient number of names are
20furnished for certain election precincts), the county board
21shall make or complete such list from the names contained in
22the supplemental list provided for in Section 13-1.1. Provided,
23further, that in any case where a township has been or shall be
24redistricted, in whole or in part, subsequent to one general
25election for Governor, and prior to the next, the judges of
26election to be selected for all new or altered precincts shall

 

 

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1be selected in that one of the methods above detailed, which
2shall be applicable according to the facts and circumstances of
3the particular case, but the majority of such judges for each
4such precinct shall be selected from the first leading
5political party, and the minority judges from the second
6leading political party. Provided, further, that in counties
7having a population of 3,000,000 1,000,000 inhabitants or over
8the selection of judges of election shall be made in the same
9manner in all respects as in other counties, except that the
10provisions relating to tally judges are inapplicable to such
11counties and except that the county board shall meet during the
12month of January for the purpose of making such selection, each
13township committeeperson shall assume the responsibilities
14given to the chairman of the county central committee in this
15Section for the precincts within his or her township, and the
16township committeeperson chairman of each county central
17committee shall notify the county board by the preceding
18October 1 whether or not the certified list will be filed. Such
19judges of election shall hold their office for 2 years from
20their appointment and until their successors are duly appointed
21in the manner provided in this Act. The county board shall fill
22all vacancies in the office of judges of elections at any time
23in the manner herein provided.
24    Such selections under this Section shall be confirmed by
25the circuit court as provided in Section 13-3 of this Article.
26(Source: P.A. 94-1000, eff. 7-3-06.)
 

 

 

09800SB0172ham002- 99 -LRB098 04408 MGM 62714 a

1    (10 ILCS 5/13-10)  (from Ch. 46, par. 13-10)
2    Sec. 13-10. The compensation of the judges of all primaries
3and all elections, except judges supervising vote by mail
4absentee ballots as provided in Section 19-12.2 of this Act, in
5counties of less than 600,000 inhabitants shall be fixed by the
6respective county boards or boards of election commissioners in
7all counties and municipalities, but in no case shall such
8compensation be less than $35 per day. The compensation of
9judges of all primaries and all elections not under the
10jurisdiction of the county clerk, except judges supervising
11vote by mail absentee balloting as provided in Section 19-12.2
12of this Act, in counties having a population of 2,000,000 or
13more shall be not less than $60 per day. The compensation of
14judges of all primaries and all elections under the
15jurisdiction of the county clerk, except judges supervising
16vote by mail absentee balloting as provided in Section 19-12.2
17of this Act, in counties having a population of 2,000,000 or
18more shall be not less than $60 per day. The compensation of
19judges of all primaries and all elections, except judges
20supervising vote by mail absentee ballots as provided in
21Section 19-12.2 of this Act, in counties having a population of
22at least 600,000 but less than 2,000,000 inhabitants shall be
23not less than $45 per day as fixed by the county board of
24election commissioners of each such county. In addition to
25their per day compensation and notwithstanding the limitations

 

 

09800SB0172ham002- 100 -LRB098 04408 MGM 62714 a

1thereon stated herein, the judges of election, in all counties
2with a population of less than 600,000, shall be paid $3 each
3for each 100 voters or portion thereof, in excess of 200 voters
4voting for candidates in the election district or precinct
5wherein the judge is serving, whether a primary or an election
6is being held. However, no such extra compensation shall be
7paid to the judges of election in any precinct in which no
8paper ballots are counted by such judges of election. The 2
9judges of election in counties having a population of less than
10600,000 who deliver the returns to the county clerk shall each
11be allowed and paid a sum to be determined by the election
12authority for such services and an additional sum per mile to
13be determined by the election authority for every mile
14necessarily travelled in going to and returning from the office
15or place to which they deliver the returns. The compensation
16for mileage shall be consistent with current rates paid for
17mileage to employees of the county.
18    However, all judges who have been certified by the County
19Clerk or Board of Election Commissioners as having
20satisfactorily completed, within the 2 years preceding the day
21of election, the training course for judges of election, as
22provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
23shall receive additional compensation of not less than $10 per
24day in counties of less than 600,000 inhabitants, the
25additional compensation of not less than $10 per day in
26counties having a population of at least 600,000 but less than

 

 

09800SB0172ham002- 101 -LRB098 04408 MGM 62714 a

12,000,000 inhabitants as fixed by the county board of election
2commissioners of each such county, and additional compensation
3of not less than $20 per day in counties having a population of
42,000,000 or more for primaries and elections not under the
5jurisdiction of the county clerk, and additional compensation
6of not less than $20 per day in counties having a population of
72,000,000 or more for primaries and elections under the
8jurisdiction of the county clerk.
9    In precincts in which there are tally judges, the
10compensation of the tally judges shall be 2/3 of that of the
11judges of election and each holdover judge shall be paid the
12compensation of a judge of election plus that of a tally judge.
13    Beginning on the effective date of this amendatory Act of
141998, the portion of an election judge's daily compensation
15reimbursed by the State Board of Elections is increased by $15.
16The increase provided by this amendatory Act of 1998 must be
17used to increase each judge's compensation and may not be used
18by the county to reduce its portion of a judge's compensation.
19    Beginning on the effective date of this amendatory Act of
20the 95th General Assembly, the portion of an election judge's
21daily compensation reimbursement by the State Board of
22Elections is increased by an additional $20. The increase
23provided by this amendatory Act of the 95th General Assembly
24must be used to increase each judge's compensation and may not
25be used by the election authority or election jurisdiction to
26reduce its portion of a judge's compensation.

 

 

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1(Source: P.A. 95-699, eff. 11-9-07.)
 
2    (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
3    Sec. 14-3.1. The board of election commissioners shall,
4during the month of July of each even-numbered year, select for
5each election precinct within the jurisdiction of the board 5
6persons to be judges of election who shall possess the
7qualifications required by this Act for such judges. The
8selection shall be made by a county board of election
9commissioners in the following manner: the county board of
10election commissioners shall select and approve 3 persons as
11judges of election in each election precinct from a certified
12list furnished by the chairman of the county central committee
13of the first leading political party in that precinct; the
14county board of election commissioners also shall select and
15approve 2 persons as judges of election in each election
16precinct from a certified list furnished by the chairman of the
17county central committee of the second leading political party
18in that precinct. The selection by a municipal board of
19election commissioners shall be made in the following manner:
20for each precinct, 3 judges shall be selected from one of the 2
21leading political parties and the other 2 judges shall be
22selected from the other leading political party; the parties
23entitled to 3 and 2 judges, respectively, in the several
24precincts shall be determined as provided in Section 14-4.
25However, a Board of Election Commissioners may appoint three

 

 

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1judges of election to serve in lieu of the 5 judges of election
2otherwise required by this Section to serve in any emergency
3referendum, or in any odd-year regular election or in any
4special primary or special election called for the purpose of
5filling a vacancy in the office of representative in the United
6States Congress or to nominate candidates for such purpose.
7    If only 3 judges of election serve in each election
8precinct, no more than 2 persons of the same political party
9shall be judges of election in the same election precinct, and
10which political party is entitled to 2 judges of election and
11which political party is entitled to one judge of election
12shall be determined as set forth in this Section for a county
13board of election commissioners' selection of 5 election judges
14in each precinct or in Section 14-4 for a municipal board of
15election commissioners' selection of election judges in each
16precinct, whichever is appropriate. In addition to such
17precinct judges, the board of election commissioners shall
18appoint special panels of 3 judges each, who shall possess the
19same qualifications and shall be appointed in the same manner
20and with the same division between political parties as is
21provided for other judges of election. The number of such
22panels of judges required shall be determined by regulation of
23the State Board of Elections, which shall base the required
24number of special panels on the number of registered voters in
25the jurisdiction or the number of absentee ballots voted at
26recent elections or any combination of such factors. A

 

 

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1municipal board of election commissioners shall make the
2selections of persons qualified under Section 14-1 from
3certified lists furnished by the chairman of the respective
4county central committees, or each ward committeeperson in a
5municipality of 500,000 or more inhabitants, of the 2 leading
6political parties. Lists furnished by chairmen of county
7central committees or ward committeepersons, as the case may
8be, under this Section shall be arranged according to
9precincts. The chairman of each county central committee or
10ward committeepersons, as the case may be, shall, insofar as
11possible, list persons who reside within the precinct in which
12they are to serve as judges. However, he may, in his sole
13discretion, submit the names of persons who reside outside the
14precinct but within the county embracing the precinct in which
15they are to serve. He must, however, submit the names of at
16least 2 residents of the precinct for each precinct in which
17his party is to have 3 judges and must submit the name of at
18least one resident of the precinct for each precinct in which
19his party is to have 2 judges. The board of election
20commissioners shall no later than March 1 of each even-numbered
21year notify the chairmen of the respective county central
22committees or ward committeepersons, as the case may be, of
23their responsibility to furnish such lists, and each such
24chairman shall furnish the board of election commissioners with
25the list for his party on or before May 1 of each even-numbered
26year. The board of election commissioners shall acknowledge in

 

 

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1writing to each county chairman or ward committeepersons, as
2the case may be, the names of all persons submitted on such
3certified list and the total number of persons listed thereon.
4If no such list is furnished or if no names or an insufficient
5number of names are furnished for certain precincts, the board
6of election commissioners shall make or complete such list from
7the names contained in the supplemental list provided for in
8Section 14-3.2. Judges of election shall hold their office for
92 years from their appointment and until their successors are
10duly appointed in the manner herein provided. The board of
11election commissioners shall, subject to the provisions of
12Section 14-3.2, fill all vacancies in the office of judges of
13election at any time in the manner herein provided.
14    Such selections under this Section shall be confirmed by
15the court as provided in Section 14-5.
16(Source: P.A. 94-1000, eff. 7-3-06.)
 
17    (10 ILCS 5/14-3.2)  (from Ch. 46, par. 14-3.2)
18    Sec. 14-3.2. In addition to the list provided for in
19Section 14-3.1, the chairman of the county central committee,
20or each ward committeeperson in a municipality of 500,000 or
21more inhabitants, of each of the 2 leading political parties
22shall furnish to the board of election commissioners a
23supplemental list, arranged according to precinct in which they
24are to serve, of persons available as judges of election, the
25names and number of all persons listed thereon to be

 

 

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1acknowledged in writing to the county chairman or ward
2committeepersons, as the case may be, submitting such list by
3the board of election commissioners. The board of election
4commissioners shall select from this supplemental list persons
5qualified under Section 14-1, to fill vacancies among the
6judges of election. If the list provided for in Section 14-3.1
7for any precinct is exhausted, then selection shall be made
8from the supplemental list furnished by the chairman of the
9county central committee or ward committeepersons, as the case
10may be, of the party. If such supplemental list is exhausted
11for any precinct, then selection shall be made from any of the
12persons on the supplemental list without regard to the
13precincts in which they are listed to serve. No selection or
14appointment from the supplemental list shall be made more than
1521 days prior to the date of precinct registration for those
16judges needed as precinct registrars, and more than 60 45 days
17prior to the date of an election for those additional persons
18needed as election judges. In any case where selection cannot
19be made from the supplemental list without violating Section
2014-1, selection shall be made from outside the supplemental
21list of some person qualified under Section 14-1.
22(Source: P.A. 93-574, eff. 8-21-03.)
 
23    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
24    Sec. 16-5.01. (a) The election authority shall, at least 46
25days prior to the date of any election at which federal

 

 

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1officers are elected and 45 days prior to any other regular
2election, have a sufficient number of ballots printed so that
3such ballots will be available for mailing 45 days prior to the
4date of the election to persons who have filed application for
5a ballot under the provisions of Article 20 of this Act.
6    (b) If at any election at which federal offices are elected
7or nominated the election authority is unable to comply with
8the provisions of subsection (a), the election authority shall
9mail to each such person, in lieu of the ballot, a Special
10Write-in Vote by Mail Absentee Voter's Blank Ballot. The
11Special Write-in Vote by Mail Absentee Voter's Blank Ballot
12shall be used at all elections at which federal officers are
13elected or nominated and shall be prepared by the election
14authority in substantially the following form:
15
Special Write-in Vote by Mail Absentee Voter's Blank Ballot
16    (To vote for a person, write the title of the office and
17his or her name on the lines provided. Place to the left of and
18opposite the title of office a square and place a cross (X) in
19the square.)
20        Title of Office                 Name of Candidate
21(    )                                                       
22(    )                                                       
23(    )                                                       
24(    )                                                       
25(    )                                                       
26(    )                                                       

 

 

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

 

 

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1outside of the United States on the consolidated primary
2election day and the consolidated election day. The ranked
3ballot shall contain a list of the titles of all municipal and
4township offices potentially contested at both the
5consolidated primary election and the consolidated election
6and the candidates for each office and shall permit the elector
7to vote in the consolidated election by indicating his or her
8order of preference for each candidate for each office. To
9indicate his or her order of preference for each candidate for
10each office, the voter shall put the number one next to the
11name of the candidate who is the voter's first choice, the
12number 2 for his or her second choice, and so forth so that, in
13consecutive numerical order, a number indicating the voter's
14preference is written by the voter next to each candidate's
15name on the ranked ballot. The voter shall not be required to
16indicate his or her preference for more than one candidate on
17the ranked ballot. The voter may not cast a write-in vote using
18the ranked ballot for the consolidated election. The election
19authority shall, if using the ranked vote by mail absentee
20ballot authorized by this subsection, also prepare
21instructions for use of the ranked ballot. The ranked ballot
22for the consolidated election shall be mailed to the voter at
23the same time that the ballot for the consolidated primary
24election is mailed to the voter and the election authority
25shall accept the completed ranked ballot for the consolidated
26election when the authority accepts the completed ballot for

 

 

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1the consolidated primary election.
2    The voter shall also be sent a vote by mail an absentee
3ballot for the consolidated election for those races that are
4not related to the results of the consolidated primary election
5as soon as the consolidated election ballot is certified.
6    The State Board of Elections shall adopt rules for election
7authorities for the implementation of this subsection,
8including but not limited to the application for and counting
9of ranked ballots.
10(Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
11    (10 ILCS 5/17-8)  (from Ch. 46, par. 17-8)
12    Sec. 17-8. The county clerk shall provide in each polling
13place, so designated or provided a sufficient number of booths,
14which shall be provided with such supplies and conveniences,
15including shelves, pens, penholders, ink, blotters and
16pencils, as will enable the voter to prepare his ballot for
17voting, and in which voters may prepare their ballots screened
18from all observation as to the manner in which they do so. They
19shall be within plain view of election officers, and both they
20and the ballot boxes shall be within plain view of those within
21the proximity of the voting booths. Each of said booths shall
22have 3 sides enclosed, one side in front, to be closed with a
23curtain. Each side of each booth shall be 6 feet 4 inches and
24the curtain shall extend within 2 feet of the floor, which
25shall be closed while the voter is preparing his ballot. Each

 

 

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1booth shall be at least 32 inches square and shall contain a
2shelf at least one foot wide, at a convenient height for
3writing. No person other than the election officers and the
4challengers allowed by law, and those admitted for the purpose
5of voting as herein provided, shall be permitted within the
6proximity of the voting booths, (i) except by authority of the
7election officers to keep order and enforce the law and (ii)
8except that one or more children under the age of 18 may
9accompany their parent or guardian into the voting booth as
10long as a request to do so is made to the election officers
11and, in the sole discretion of the election officers, the child
12or children are not likely to disrupt or interfere with the
13voting process or influence the casting of a vote. The number
14of such voting booths shall not be less than one to every 75
15voters or fraction thereof who voted at the last preceding
16election in the precinct. The expense of providing booths and
17other things required in this Act shall be paid in the same
18manner as other election expenses.
19    Where electronic voting systems are used, a booth with a
20self-contained electronic voting device may be used. Each such
21booth shall have 3 sides enclosed and shall be equipped with a
22curtain for closing the front of the booth. The curtain must
23extend to within 2 feet of the floor. Each side shall be of
24such a height, in no event less than 5 feet, one inch, as to
25insure the secrecy of the voter. Each booth shall be at least
2632 inches square, provided, however, that where a booth is no

 

 

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1more than 23 inches wide and the sides of such booth extend
2from a point below the device to a height of 5 feet, one inch,
3at the front of the booth, and such booth insures that voters
4may prepare their ballots in secrecy, such booth may be used.
5If an election authority provides each polling place with
6stickers or emblems to be given to voters indicating that the
7person has voted, no person who has voted shall be denied such
8sticker or emblem.
9(Source: P.A. 94-288, eff. 1-1-06.)
 
10    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
11    Sec. 17-9. Any person desiring to vote shall give his name
12and, if required to do so, his residence to the judges of
13election, one of whom shall thereupon announce the same in a
14loud and distinct tone of voice, clear, and audible; the judges
15of elections shall check each application for ballot against
16the list of voters registered in that precinct to whom grace
17period, vote by mail absentee, or early ballots have been
18issued for that election, which shall be provided by the
19election authority and which list shall be available for
20inspection by pollwatchers. A voter applying to vote in the
21precinct on election day whose name appears on the list as
22having been issued a grace period, vote by mail absentee, or
23early ballot shall not be permitted to vote in the precinct,
24except that a voter to whom a vote by mail an absentee ballot
25was issued may vote in the precinct if the voter submits to the

 

 

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1election judges that vote by mail absentee ballot for
2cancellation. If the voter is unable to submit the vote by mail
3absentee ballot, it shall be sufficient for the voter to submit
4to the election judges (i) a portion of the vote by mail
5absentee ballot if the vote by mail absentee ballot was torn or
6mutilated or (ii) an affidavit executed before the election
7judges specifying that (A) the voter never received a vote by
8mail an absentee ballot or (B) the voter completed and returned
9a vote by mail an absentee ballot and was informed that the
10election authority did not receive that vote by mail absentee
11ballot. All applicable provisions of Articles 4, 5 or 6 shall
12be complied with and if such name is found on the register of
13voters by the officer having charge thereof, he shall likewise
14repeat said name, and the voter shall be allowed to enter
15within the proximity of the voting booths, as above provided.
16One of the judges shall give the voter one, and only one of
17each ballot to be voted at the election, on the back of which
18ballots such judge shall indorse his initials in such manner
19that they may be seen when each such ballot is properly folded,
20and the voter's name shall be immediately checked on the
21register list. In those election jurisdictions where
22perforated ballot cards are utilized of the type on which
23write-in votes can be cast above the perforation, the election
24authority shall provide a space both above and below the
25perforation for the judge's initials, and the judge shall
26endorse his or her initials in both spaces. Whenever a proposal

 

 

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1for a constitutional amendment or for the calling of a
2constitutional convention is to be voted upon at the election,
3the separate blue ballot or ballots pertaining thereto shall,
4when being handed to the voter, 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. At all
8elections, when a registry may be required, if the name of any
9person so desiring to vote at such election is not found on the
10register of voters, he or she shall not receive a ballot until
11he or she shall have complied with the law prescribing the
12manner and conditions of voting by unregistered voters. If any
13person desiring to vote at any election shall be challenged, he
14or she shall not receive a ballot until he or she shall have
15established his right to vote in the manner provided
16hereinafter; and if he or she shall be challenged after he has
17received his ballot, he shall not be permitted to vote until he
18or she has fully complied with such requirements of the law
19upon being challenged. Besides the election officer, not more
20than 2 voters in excess of the whole number of voting booths
21provided shall be allowed within the proximity of the voting
22booths at one time. The provisions of this Act, so far as they
23require the registration of voters as a condition to their
24being allowed to vote shall not apply to persons otherwise
25entitled to vote, who are, at the time of the election, or at
26any time within 60 days prior to such election have been

 

 

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1engaged in the military or naval service of the United States,
2and who appear personally at the polling place on election day
3and produce to the judges of election satisfactory evidence
4thereof, but such persons, if otherwise qualified to vote,
5shall be permitted to vote at such election without previous
6registration.
7    All such persons shall also make an affidavit which shall
8be in substantially the following form:
9State of Illinois,)
10                  ) ss.
11County of ........)
12............... Precinct   .......... Ward
13    I, ...., do solemnly swear (or affirm) that I am a citizen
14of the United States, of the age of 18 years or over, and that
15within the past 60 days prior to the date of this election at
16which I am applying to vote, I have been engaged in the ....
17(military or naval) service of the United States; and I am
18qualified to vote under and by virtue of the Constitution and
19laws of the State of Illinois, and that I am a legally
20qualified voter of this precinct and ward except that I have,
21because of such service, been unable to register as a voter;
22that I now reside at .... (insert street and number, if any) in
23this precinct and ward; that I have maintained a legal
24residence in this precinct and ward for 30 days and in this
25State 30 days next preceding this election.
26
.........................

 

 

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1    Subscribed and sworn to before me on (insert date).
2
.........................
3
Judge of Election.

 
4    The affidavit of any such person shall be supported by the
5affidavit of a resident and qualified voter of any such
6precinct and ward, which affidavit shall be in substantially
7the following form:
8State of Illinois,)
9                  ) ss.
10County of ........)
11........... Precinct   ........... Ward
12    I, ...., do solemnly swear (or affirm), that I am a
13resident of this precinct and ward and entitled to vote at this
14election; that I am acquainted with .... (name of the
15applicant); that I verily believe him to be an actual bona fide
16resident of this precinct and ward and that I verily believe
17that he or she has maintained a legal residence therein 30 days
18and in this State 30 days next preceding this election.
19
.........................
20    Subscribed and sworn to before me on (insert date).
21
.........................
22
Judge of Election.

 
23    All affidavits made under the provisions of this Section
24shall be enclosed in a separate envelope securely sealed, and

 

 

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1shall be transmitted with the returns of the elections to the
2county clerk or to the board of election commissioners, who
3shall preserve the said affidavits for the period of 6 months,
4during which period such affidavits shall be deemed public
5records and shall be freely open to examination as such.
6(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
7    (10 ILCS 5/17-18.1)  (from Ch. 46, par. 17-18.1)
8    Sec. 17-18.1. Wherever the judicial retention ballot to be
9used in any general election contains the names of more than 15
10judges on a separate paper ballot, the County Clerk or Board of
11Election Commissioners as the case may be, shall designate
12special judges of election for the purpose of tallying and
13canvassing the votes cast for and against the propositions for
14the retention of judges in office in such places and at such
15times as the County Clerk or Board of Election Commissioners
16determine. Special judges of election shall be designated from
17certified lists submitted by the respective chairmen of the
18county central committees of the two leading political parties.
19In the event that the County Clerk or Board of Election
20Commissioners as the case may be, decides that the counting of
21the retention ballots shall be performed in the precinct where
22such ballots are cast, 2 special judges of election shall be
23designated to tally and canvass the vote of each precinct with
24one being named from each of the 2 leading political parties.
25    In the event that the County Clerk or Board of Election

 

 

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1Commissioners decides that the judicial retention ballots from
2several precincts shall be tallied and canvassed in a central
3or common location, then each major political party shall be
4entitled to an equal number of special election judges in each
5such central or common location. The County Clerk or Board of
6Election Commissioners, as the case may be, shall inform, no
7later than 75 days prior to such election, the respective
8chairmen of the county central committees of the location or
9locations where the counting of retention ballots will be done,
10the number of names to be included on the certified lists, and
11the number of special election judges to be selected from those
12lists. If the certified list for either party is not submitted
13within thirty days after the chairmen have been so informed,
14the County Clerk or Board of Election Commissioners shall
15designate special judges of election for that party in whatever
16manner it determines.
17    The County Clerk or Board of Election Commissioners shall
18apply to the Circuit Court for the confirmation of the special
19judges of election designated under this Section. The court
20shall confirm or refuse to confirm such designations as the
21interest of the public may require. Those confirmed shall be
22officers of the court and subject to its disciplinary powers.
23    The County Clerk or Board of Election Commissioners shall,
24in the exercise of sound discretion, prescribe the forms,
25materials and supplies together with the procedures for
26completion and return thereof for use in such election by

 

 

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1special judges of election. The special judges of election
2designated under this Section shall have full responsibility
3and authority for tallying and canvassing the votes pertaining
4to the retention of judges and the return of ballots and
5supplies.
6    If the County Clerk or Board of Election Commissioners
7decides that the counting of the retention ballots shall be
8performed in the precinct where such ballots were cast, at
9least 2 ballot boxes shall be provided for paper retention
10ballots, one of which shall be used from the opening of the
11polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and
12the second of which shall be used from 9:00 a.m. until 12:00
13noon and from 3:00 p.m. until the closing of the polls;
14provided that if additional ballot boxes are provided, the
15additional boxes shall be used instead of reusing boxes used
16earlier. At the close of each such period of use, a ballot box
17used for retention ballots shall be immediately unsealed and
18opened and the ballots therein counted and tallied by the
19special judges of election. After counting and tallying the
20retention ballots, the special judges of election shall place
21the counted ballots in a container provided for that purpose by
22the County Clerk or Board of Election Commissioners and clearly
23marked with the appropriate printing and shall thereupon seal
24such container. One such container shall be provided for each
25of the four time periods and clearly designated as the
26container for the respective period. The tally shall be

 

 

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1recorded on sheets provided by the County Clerk or Board of
2Election Commissioners and designated as tally sheets for the
3respective time periods. Before a ballot box may be reused, it
4shall in the presence of all of the judges of election be
5verified to be empty, whereupon it shall be resealed. After the
6close of the polls, and after the tally of votes cast by vote
7by mail absentee voters, the special judges of election shall
8add together the tallies of all the ballot boxes used
9throughout the day, and complete the canvass of votes for
10retention of judges in the manner established by this Act. All
11of these procedures shall be carried out within the clear view
12of the other judges of election. The sealed containers of used
13retention ballots shall be returned with other voted ballots to
14the County Clerk or Board of Election Commissioners in the
15manner provided by this Act.
16    The compensation of a special judge of election may not
17exceed $30 per judge per precinct or district canvassed.
18    This Section does not affect any other office or the
19conduct of any other election held at the same time as the
20election for the retention of judges in office.
21(Source: P.A. 81-850; 81-1149.)
 
22    (10 ILCS 5/17-19.2)  (from Ch. 46, par. 17-19.2)
23    Sec. 17-19.2. Where a vacancy in nomination is filled
24pursuant to Section 7-61 or Section 10-11, the vote by mail
25absentee votes cast for the original candidate on the first

 

 

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1ballot shall not be counted. For this purpose, in those
2jurisdictions where electronic voting systems are used, the
3election authority shall determine a method by which the first
4ballots containing the name of the original candidate may be
5segregated from the revised ballots containing the name of the
6successor candidate and separately counted.
7    Where a vacancy in nomination is not filled pursuant to
8Section 7-61 or Section 10-11, all votes cast for the original
9candidate shall be counted for such candidate.
10(Source: P.A. 84-861.)
 
11    (10 ILCS 5/17-21)  (from Ch. 46, par. 17-21)
12    Sec. 17-21. When the votes shall have been examined and
13counted, the judges shall set down on a sheet or return form to
14be supplied to them, the name of every person voted for,
15written or printed at full length, the office for which such
16person received such votes, and the number he did receive and
17such additional information as is necessary to complete, as
18nearly as circumstances will admit, the following form, to-wit:
19
TALLY SHEET AND CERTIFICATE OF
20
RESULTS
21    We do hereby certify that at the .... election held in the
22precinct hereinafter (general or special) specified on (insert
23date), a total of .... voters requested and received ballots
24and we do further certify:
25    Number of blank ballots delivered to us ....

 

 

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1    Number of vote by mail absentee ballots delivered to us
2....
3    Total number of ballots delivered to us ....
4    Number of blank and spoiled ballots returned.
5    (1) Total number of ballots cast (in box)....
6    .... Defective and Objected To ballots sealed in envelope
7    (2) .... Total number of ballots cast (in box)
8
Line (2) equals line (1)
9    We further certify that each of the candidates for
10representative in the General Assembly received the number of
11votes ascribed to him on the separate tally sheet.
12    We further certify that each candidate received the number
13of votes set forth opposite his name or in the box containing
14his name on the tally sheet contained in the page or pages
15immediately following our signatures.
16    The undersigned actually served as judges and counted the
17ballots at the election on the .... day of .... in the ....
18precinct of the (1) *township of ...., or (2) *City of ...., or
19(3) *.... ward in the city of .... and the polls were opened at
206:00 A.M. and closed at 7:00 P.M. Certified by us.
21
*Fill in either (1), (2) or (3)
22        A B, ....(Address)
23        C D, ....(Address)
24        E F, ....(Address)
25        G H, ....(Address)
26        I J, ....(Address)
 

 

 

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1    Each tally sheet shall be in substantially one of the
2following forms:
3-------------------------------------------------------------
4Candidate's
5Name ofCandidatesTotal
6officeNamesVote5101520
7---
8UnitedJohn Smith7711
9States
10Senator
11---
12---
13Names of candidates
14Name ofand total vote
15officefor each5101520
16---
17For UnitedJohn Smith
18States
19Senator
20Total Vote..................
21---
22(Source: P.A. 98-463, eff. 8-16-13.)
 
23    (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
24    Sec. 17-23. Pollwatchers in a general election shall be

 

 

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

 

 

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1pollwatchers must be registered to vote in Illinois. For the
2purpose of this paragraph, a "State nonpartisan civic
3organization" means any corporation, unincorporated
4association, or organization that:
5        (i) as part of its written articles of incorporation,
6    bylaws, or charter or by separate written declaration, has
7    among its stated purposes the provision of voter
8    information and education, the protection of individual
9    voters' rights, and the promotion of free and equal
10    elections;
11        (ii) is organized or primarily conducts its activities
12    within the State of Illinois; and
13        (iii) continuously maintains an office or business
14    location within the State of Illinois, together with a
15    current listed telephone number (a post office box number
16    without a current listed telephone number is not
17    sufficient).
18    (4) In any general election held to elect candidates for
19the offices of a municipality of less than 3,000,000 population
20that is situated in 2 or more counties, a pollwatcher who is a
21resident of Illinois shall be eligible to serve as a
22pollwatcher in any poll located within such municipality,
23provided that such pollwatcher otherwise complies with the
24respective requirements of subsections (1) through (3) of this
25Section and is a registered voter in Illinois.
26    (5) Each organized group of proponents or opponents of a

 

 

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1ballot proposition, which shall have registered the name and
2address of its organization or committee and the name and
3address of its chairman with the proper election authority at
4least 40 days before the election, shall be entitled to appoint
5one pollwatcher per precinct. The pollwatcher must be
6registered to vote in Illinois.
7    All pollwatchers shall be required to have proper
8credentials. Such credentials shall be printed in sufficient
9quantities, shall be issued by and under the facsimile
10signature(s) of the election authority or the State Board of
11Elections and shall be available for distribution by the
12election authority and State Board of Elections at least 2
13weeks prior to the election. Such credentials shall be
14authorized by the real or facsimile signature of the State or
15local party official or the candidate or the presiding officer
16of the civic organization or the chairman of the proponent or
17opponent group, as the case may be. Neither the election
18authority nor the State Board of Elections may require any such
19party official or the candidate or the presiding officer of the
20civic organization or the chairman of the proponent or opponent
21group to submit the names or other information concerning
22pollwatchers before making credentials available to such
23persons or organizations.
24    Pollwatcher credentials shall be in substantially the
25following form:
 

 

 

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1
POLLWATCHER CREDENTIALS
2TO THE JUDGES OF ELECTION:
3    In accordance with the provisions of the Election Code, the
4undersigned hereby appoints .......... (name of pollwatcher)
5who resides at ........... (address) in the county of
6..........., .......... (township or municipality) of
7........... (name), State of Illinois and who is duly
8registered to vote from this address, to act as a pollwatcher
9in the ........... precinct of the ........... ward (if
10applicable) of the ........... (township or municipality) of
11........... at the ........... election to be held on (insert
12date).
13........................  (Signature of Appointing Authority)
14......................... TITLE  (party official,  candidate,
15                                civic organization president,
16                        proponent or opponent group chairman)
 
17    Under penalties provided by law pursuant to Section 29-10
18of the Election Code, the undersigned pollwatcher certifies
19that he or she resides at ................ (address) in the
20county of ............, ......... (township or municipality)
21of ........... (name), State of Illinois, and is duly
22registered to vote in Illinois.
23..........................            .......................
24(Precinct and/or Ward in           (Signature of Pollwatcher)
25Which Pollwatcher Resides)
 

 

 

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1    Pollwatchers must present their credentials to the Judges
2of Election upon entering the polling place. Pollwatcher
3credentials properly executed and signed shall be proof of the
4qualifications of the pollwatcher authorized thereby. Such
5credentials are retained by the Judges and returned to the
6Election Authority at the end of the day of election with the
7other election materials. Once a pollwatcher has surrendered a
8valid credential, he may leave and reenter the polling place
9provided that such continuing action does not disrupt the
10conduct of the election. Pollwatchers may be substituted during
11the course of the day, but established political parties,
12candidates and qualified civic organizations can have only as
13many pollwatchers at any given time as are authorized in this
14Article. A substitute must present his signed credential to the
15judges of election upon entering the polling place. Election
16authorities must provide a sufficient number of credentials to
17allow for substitution of pollwatchers. After the polls have
18closed pollwatchers shall be allowed to remain until the
19canvass of votes is completed; but may leave and reenter only
20in cases of necessity, provided that such action is not so
21continuous as to disrupt the canvass of votes.
22    Candidates seeking office in a district or municipality
23encompassing 2 or more counties shall be admitted to any and
24all polling places throughout such district or municipality
25without regard to the counties in which such candidates are

 

 

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1registered to vote. Actions of such candidates shall be
2governed in each polling place by the same privileges and
3limitations that apply to pollwatchers as provided in this
4Section. Any such candidate who engages in an activity in a
5polling place which could reasonably be construed by a majority
6of the judges of election as campaign activity shall be removed
7forthwith from such polling place.
8    Candidates seeking office in a district or municipality
9encompassing 2 or more counties who desire to be admitted to
10polling places on election day in such district or municipality
11shall be required to have proper credentials. Such credentials
12shall be printed in sufficient quantities, shall be issued by
13and under the facsimile signature of the State Board of
14Elections or the election authority of the election
15jurisdiction where the polling place in which the candidate
16seeks admittance is located, and shall be available for
17distribution at least 2 weeks prior to the election. Such
18credentials shall be signed by the candidate.
19    Candidate credentials shall be in substantially the
20following form:
 
21
CANDIDATE CREDENTIALS
22    TO THE JUDGES OF ELECTION:
23    In accordance with the provisions of the Election Code, I
24...... (name of candidate) hereby certify that I am a candidate
25for ....... (name of office) and seek admittance to .......

 

 

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1precinct of the ....... ward (if applicable) of the .......
2(township or municipality) of ....... at the ....... election
3to be held on (insert date).
4.........................             .......................
5(Signature of Candidate)              OFFICE FOR WHICH
6                                      CANDIDATE SEEKS
7                                      NOMINATION OR
8                                      ELECTION
 
9    Pollwatchers shall be permitted to observe all proceedings
10and view all reasonably requested records relating to the
11conduct of the election, provided the secrecy of the ballot is
12not impinged, and to station themselves in a position in the
13voting room as will enable them to observe the judges making
14the signature comparison between the voter application and the
15voter registration record card; provided, however, that such
16pollwatchers shall not be permitted to station themselves in
17such close proximity to the judges of election so as to
18interfere with the orderly conduct of the election and shall
19not, in any event, be permitted to handle election materials.
20Pollwatchers may challenge for cause the voting qualifications
21of a person offering to vote and may call to the attention of
22the judges of election any incorrect procedure or apparent
23violations of this Code.
24    If a majority of the judges of election determine that the
25polling place has become too overcrowded with pollwatchers so

 

 

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1as to interfere with the orderly conduct of the election, the
2judges shall, by lot, limit such pollwatchers to a reasonable
3number, except that each established or new political party
4shall be permitted to have at least one pollwatcher present.
5    Representatives of an election authority, with regard to an
6election under its jurisdiction, the State Board of Elections,
7and law enforcement agencies, including but not limited to a
8United States Attorney, a State's attorney, the Attorney
9General, and a State, county, or local police department, in
10the performance of their official election duties, shall be
11permitted at all times to enter and remain in the polling
12place. Upon entering the polling place, such representatives
13shall display their official credentials or other
14identification to the judges of election.
15    Uniformed police officers assigned to polling place duty
16shall follow all lawful instructions of the judges of election.
17    The provisions of this Section shall also apply to
18supervised casting of vote by mail absentee ballots as provided
19in Section 19-12.2 of this Act.
20(Source: P.A. 98-115, eff. 7-29-13.)
 
21    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
22    Sec. 17-29. (a) No judge of election, pollwatcher, or other
23person shall, at any primary or election, do any electioneering
24or soliciting of votes or engage in any political discussion
25within any polling place, within 100 feet of any polling place,

 

 

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1or, at the option of a church or private school, on any of the
2property of that church or private school that is a polling
3place; no person shall interrupt, hinder or oppose any voter
4while approaching within those areas for the purpose of voting.
5Judges of election shall enforce the provisions of this
6Section.
7    (b) Election officers shall place 2 or more cones, small
8United States national flags, or some other marker a distance
9of 100 horizontal feet from each entrance to the room used by
10voters to engage in voting, which shall be known as the polling
11room. If the polling room is located within a building that is
12a private business, a public or private school, or a church or
13other organization founded for the purpose of religious worship
14and the distance of 100 horizontal feet ends within the
15interior of the building, then the markers shall be placed
16outside of the building at each entrance used by voters to
17enter that building on the grounds adjacent to the thoroughfare
18or walkway. If the polling room is located within a public or
19private building with 2 or more floors and the polling room is
20located on the ground floor, then the markers shall be placed
21100 horizontal feet from each entrance to the polling room used
22by voters to engage in voting. If the polling room is located
23in a public or private building with 2 or more floors and the
24polling room is located on a floor above or below the ground
25floor, then the markers shall be placed a distance of 100 feet
26from the nearest elevator or staircase used by voters on the

 

 

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1ground floor to access the floor where the polling room is
2located. The area within where the markers are placed shall be
3known as a campaign free zone, and electioneering is prohibited
4pursuant to this subsection. Notwithstanding any other
5provision of this Section, a church or private school may
6choose to apply the campaign free zone to its entire property,
7and, if so, the markers shall be placed near the boundaries on
8the grounds adjacent to the thoroughfares or walkways leading
9to the entrances used by the voters. If an election authority
10maintains a website, no later than 5 days before election day,
11each election authority shall post on its website the name and
12address of every polling place designated as a campaign free
13zone. This information shall be immediately provided to any
14person upon request, and a requester shall not be required to
15submit a request under the Freedom of Information Act.
16    The area on polling place property beyond the campaign free
17zone, whether publicly or privately owned, is a public forum
18for the time that the polls are open on an election day. At the
19request of election officers any publicly owned building must
20be made available for use as a polling place. A person shall
21have the right to congregate and engage in electioneering on
22any polling place property while the polls are open beyond the
23campaign free zone, including but not limited to, the placement
24of temporary signs. This subsection shall be construed
25liberally in favor of persons engaging in electioneering on all
26polling place property beyond the campaign free zone for the

 

 

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1time that the polls are open on an election day. At or near the
2door of each polling place, the election judges shall place
3signage indicating the proper entrance to the polling place. In
4addition, the election judges shall ensure that a sign
5identifying the location of the polling place is placed on a
6nearby public roadway. The State Board of Elections shall
7establish guidelines for the placement of polling place
8signage.
9    (c) The regulation of electioneering on polling place
10property on an election day, including but not limited to the
11placement of temporary signs, is an exclusive power and
12function of the State. A home rule unit may not regulate
13electioneering and any ordinance or local law contrary to
14subsection (c) is declared void. This is a denial and
15limitation of home rule powers and functions under subsection
16(h) of Section 6 of Article VII of the Illinois Constitution.
17(Source: P.A. 95-699, eff. 11-9-07.)
 
18    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
19    Sec. 18-5. Any person desiring to vote and whose name is
20found upon the register of voters by the person having charge
21thereof, shall then be questioned by one of the judges as to
22his nativity, his term of residence at present address,
23precinct, State and United States, his age, whether naturalized
24and if so the date of naturalization papers and court from
25which secured, and he shall be asked to state his residence

 

 

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1when last previously registered and the date of the election
2for which he then registered. The judges of elections shall
3check each application for ballot against the list of voters
4registered in that precinct to whom grace period, vote by mail
5absentee, and early ballots have been issued for that election,
6which shall be provided by the election authority and which
7list shall be available for inspection by pollwatchers. A voter
8applying to vote in the precinct on election day whose name
9appears on the list as having been issued a grace period, vote
10by mail absentee, or early ballot shall not be permitted to
11vote in the precinct, except that a voter to whom a vote by
12mail an absentee ballot was issued may vote in the precinct if
13the voter submits to the election judges that vote by mail
14absentee ballot for cancellation. If the voter is unable to
15submit the vote by mail absentee ballot, it shall be sufficient
16for the voter to submit to the election judges (i) a portion of
17the vote by mail absentee ballot if the vote by mail absentee
18ballot was torn or mutilated or (ii) an affidavit executed
19before the election judges specifying that (A) the voter never
20received a vote by mail an absentee ballot or (B) the voter
21completed and returned a vote by mail an absentee ballot and
22was informed that the election authority did not receive that
23vote by mail absentee ballot. If such person so registered
24shall be challenged as disqualified, the party challenging
25shall assign his reasons therefor, and thereupon one of the
26judges shall administer to him an oath to answer questions, and

 

 

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1if he shall take the oath he shall then be questioned by the
2judge or judges touching such cause of challenge, and touching
3any other cause of disqualification. And he may also be
4questioned by the person challenging him in regard to his
5qualifications and identity. But if a majority of the judges
6are of the opinion that he is the person so registered and a
7qualified voter, his vote shall then be received accordingly.
8But if his vote be rejected by such judges, such person may
9afterward produce and deliver an affidavit to such judges,
10subscribed and sworn to by him before one of the judges, in
11which it shall be stated how long he has resided in such
12precinct, and state; that he is a citizen of the United States,
13and is a duly qualified voter in such precinct, and that he is
14the identical person so registered. In addition to such an
15affidavit, the person so challenged shall provide to the judges
16of election proof of residence by producing 2 forms of
17identification showing the person's current residence address,
18provided that such identification may include a lease or
19contract for a residence and not more than one piece of mail
20addressed to the person at his current residence address and
21postmarked not earlier than 30 days prior to the date of the
22election, or the person shall procure a witness personally
23known to the judges of election, and resident in the precinct
24(or district), or who shall be proved by some legal voter of
25such precinct or district, known to the judges to be such, who
26shall take the oath following, viz:

 

 

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1    I do solemnly swear (or affirm) that I am a resident of
2this election precinct (or district), and entitled to vote at
3this election, and that I have been a resident of this State
4for 30 days last past, and am well acquainted with the person
5whose vote is now offered; that he is an actual and bona fide
6resident of this election precinct (or district), and has
7resided herein 30 days, and as I verily believe, in this State,
830 days next preceding this election.
9    The oath in each case may be administered by one of the
10judges of election, or by any officer, resident in the precinct
11or district, authorized by law to administer oaths. Also
12supported by an affidavit by a registered voter residing in
13such precinct, stating his own residence, and that he knows
14such person; and that he does reside at the place mentioned and
15has resided in such precinct and state for the length of time
16as stated by such person, which shall be subscribed and sworn
17to in the same way. For purposes of this Section, the
18submission of a photo identification issued by a college or
19university, accompanied by either (i) a copy of the applicant's
20contract or lease for a residence or (ii) one piece of mail
21addressed to the person at his or her current residence address
22and postmarked not earlier than 30 days prior to the date of
23the election, shall be sufficient to establish proof of
24residence. Whereupon the vote of such person shall be received,
25and entered as other votes. But such judges, having charge of
26such registers, shall state in their respective books the facts

 

 

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1in such case, and the affidavits, so delivered to the judges,
2shall be preserved and returned to the office of the
3commissioners of election. Blank affidavits of the character
4aforesaid shall be sent out to the judges of all the precincts,
5and the judges of election shall furnish the same on demand and
6administer the oaths without criticism. Such oaths, if
7administered by any other officer than such judge of election,
8shall not be received. Whenever a proposal for a constitutional
9amendment or for the calling of a constitutional convention is
10to be voted upon at the election, the separate blue ballot or
11ballots pertaining thereto shall be placed on top of the other
12ballots to be voted at the election in such manner that the
13legend appearing on the back thereof, as prescribed in Section
1416-6 of this Act, shall be plainly visible to the voter, and in
15this fashion the ballots shall be handed to the voter by the
16judge.
17    Immediately after voting, the voter shall be instructed
18whether the voting equipment, if used, accepted or rejected the
19ballot or identified the ballot as under-voted. A voter whose
20ballot is identified as under-voted for a statewide
21constitutional office may return to the voting booth and
22complete the voting of that ballot. A voter whose ballot is not
23accepted by the voting equipment may, upon surrendering the
24ballot, request and vote another ballot. The voter's
25surrendered ballot shall be initialed by the election judge and
26handled as provided in the appropriate Article governing that

 

 

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

 

 

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1refuses to return to the voting booth after being advised by
2the judge of election as herein provided, the judge shall
3inform the other judges of such refusal, and thereupon the
4ballot or ballots returned to the judge shall be deposited in
5the ballot box, the voter shall be permitted to depart from the
6polling place, and a new voter shall be permitted to enter the
7voting booth.
8    The judge of election who receives the ballot or ballots
9from the voter shall announce the residence and name of such
10voter in a loud voice. The judge shall put the ballot or
11ballots received from the voter into the ballot box in the
12presence of the voter and the judges of election, and in plain
13view of the public. The judges having charge of such registers
14shall then, in a column prepared thereon, in the same line of,
15the name of the voter, mark "Voted" or the letter "V".
16    No judge of election shall accept from any voter less than
17the full number of ballots received by such voter without first
18advising the voter in the manner above provided of the
19necessity of returning all of the ballots, nor shall any such
20judge advise such voter in a manner contrary to that which is
21herein permitted, or in any other manner violate the provisions
22of this Section; provided, that the acceptance by a judge of
23election of less than the full number of ballots delivered to a
24voter who refuses to return to the voting booth after being
25properly advised by such judge shall not be a violation of this
26Section.

 

 

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1(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
2    (10 ILCS 5/18-9.2)  (from Ch. 46, par. 18-9.2)
3    Sec. 18-9.2. Where a vacancy in nomination is filled
4pursuant to Section 7-61 or Section 10-11, the vote by mail
5absentee votes cast for the original candidate on the first
6ballot shall not be counted. For this purpose, in those
7jurisdictions where electronic voting systems are used, the
8election authority shall determine a method by which the first
9ballots containing the name of the original candidate may be
10segregated from the revised ballots containing the name of the
11successor candidate and separately counted.
12    Where a vacancy in nomination is not filled pursuant to
13Section 7-61 or Section 10-11, all votes cast for the original
14candidate shall be counted for such candidate.
15(Source: P.A. 84-861.)
 
16    (10 ILCS 5/18A-5)
17    Sec. 18A-5. Provisional voting; general provisions.
18    (a) A person who claims to be a registered voter is
19entitled to cast a provisional ballot under the following
20circumstances:
21        (1) The person's name does not appear on the official
22    list of eligible voters for the precinct in which the
23    person seeks to vote and the person has refused an
24    opportunity to register at the polling location or another

 

 

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1    grace period registration site. The official list is the
2    centralized statewide voter registration list established
3    and maintained in accordance with Section 1A-25;
4        (2) The person's voting status has been challenged by
5    an election judge, a pollwatcher, or any legal voter and
6    that challenge has been sustained by a majority of the
7    election judges;
8        (3) A federal or State court order extends the time for
9    closing the polls beyond the time period established by
10    State law and the person votes during the extended time
11    period;
12        (4) The voter registered to vote by mail and is
13    required by law to present identification when voting
14    either in person or by early voting absentee ballot, but
15    fails to do so;
16        (5) The voter's name appears on the list of voters who
17    voted during the early voting period, but the voter claims
18    not to have voted during the early voting period; or
19        (6) The voter received a vote by mail an absentee
20    ballot but did not return the vote by mail absentee ballot
21    to the election authority; or
22        (7) The voter attempted to register to vote on election
23    day, but failed to provide the necessary documentation
24    registered to vote during the grace period on the day
25    before election day or on election day during the 2014
26    general election.

 

 

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1    (b) The procedure for obtaining and casting a provisional
2ballot at the polling place shall be as follows:
3        (1) After first verifying through an examination of the
4    precinct register that the person's address is within the
5    precinct boundaries, an election judge at the polling place
6    shall notify a person who is entitled to cast a provisional
7    ballot pursuant to subsection (a) that he or she may cast a
8    provisional ballot in that election. An election judge must
9    accept any information provided by a person who casts a
10    provisional ballot that the person believes supports his or
11    her claim that he or she is a duly registered voter and
12    qualified to vote in the election. However, if the person's
13    residence address is outside the precinct boundaries, the
14    election judge shall inform the person of that fact, give
15    the person the appropriate telephone number of the election
16    authority in order to locate the polling place assigned to
17    serve that address, and instruct the person to go to the
18    proper polling place to vote.
19        (2) The person shall execute a written form provided by
20    the election judge that shall state or contain all of the
21    following that is available:
22             (i) an affidavit stating the following:
23                State of Illinois, County of ................,
24            Township ............., Precinct ........, Ward
25            ........, I, ......................., do solemnly
26            swear (or affirm) that: I am a citizen of the

 

 

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1            United States; I am 18 years of age or older; I
2            have resided in this State and in this precinct for
3            30 days preceding this election; I have not voted
4            in this election; I am a duly registered voter in
5            every respect; and I am eligible to vote in this
6            election. Signature ...... Printed Name of Voter
7            ....... Printed Residence Address of Voter ......
8            City ...... State .... Zip Code ..... Telephone
9            Number ...... Date of Birth ....... and Illinois
10            Driver's License Number ....... or Last 4 digits of
11            Social Security Number ...... or State
12            Identification Card Number issued to you by the
13            Illinois Secretary of State........
14            (ii) A box for the election judge to check one of
15        the 6 reasons why the person was given a provisional
16        ballot under subsection (a) of Section 18A-5.
17            (iii) An area for the election judge to affix his
18        or her signature and to set forth any facts that
19        support or oppose the allegation that the person is not
20        qualified to vote in the precinct in which the person
21        is seeking to vote.
22        The written affidavit form described in this
23    subsection (b)(2) must be printed on a multi-part form
24    prescribed by the county clerk or board of election
25    commissioners, as the case may be.
26        (3) After the person executes the portion of the

 

 

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1    written affidavit described in subsection (b)(2)(i) of
2    this Section, the election judge shall complete the portion
3    of the written affidavit described in subsection
4    (b)(2)(iii) and (b)(2)(iv).
5        (4) The election judge shall give a copy of the
6    completed written affidavit to the person. The election
7    judge shall place the original written affidavit in a
8    self-adhesive clear plastic packing list envelope that
9    must be attached to a separate envelope marked as a
10    "provisional ballot envelope". The election judge shall
11    also place any information provided by the person who casts
12    a provisional ballot in the clear plastic packing list
13    envelope. Each county clerk or board of election
14    commissioners, as the case may be, must design, obtain or
15    procure self-adhesive clear plastic packing list envelopes
16    and provisional ballot envelopes that are suitable for
17    implementing this subsection (b)(4) of this Section.
18        (5) The election judge shall provide the person with a
19    provisional ballot, written instructions for casting a
20    provisional ballot, and the provisional ballot envelope
21    with the clear plastic packing list envelope affixed to it,
22    which contains the person's original written affidavit
23    and, if any, information provided by the provisional voter
24    to support his or her claim that he or she is a duly
25    registered voter. An election judge must also give the
26    person written information that states that any person who

 

 

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

 

 

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1board of election commissioners elects to design and use its
2own multi-part affidavit form, then the county clerk or board
3of election commissioners shall establish a mechanism for
4accepting any information the provisional voter has supplied to
5the election judge to support his or her claim that he or she
6is a duly registered voter. In all other respects, a county
7clerk or board of election commissioners shall establish
8procedures consistent with subsection (b).
9    (d) The county clerk or board of election commissioners, as
10the case may be, shall use the completed affidavit form
11described in subsection (b) to update the person's voter
12registration information in the State voter registration
13database and voter registration database of the county clerk or
14board of election commissioners, as the case may be. If a
15person is later determined not to be a registered voter based
16on Section 18A-15 of this Code, then the affidavit shall be
17processed by the county clerk or board of election
18commissioners, as the case may be, as a voter registration
19application.
20(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
 
21    (10 ILCS 5/18A-15)
22    Sec. 18A-15. Validating and counting provisional ballots.
23    (a) The county clerk or board of election commissioners
24shall complete the validation and counting of provisional
25ballots within 14 calendar days of the day of the election. The

 

 

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1county clerk or board of election commissioners shall have 7
2calendar days from the completion of the validation and
3counting of provisional ballots to conduct its final canvass.
4The State Board of Elections shall complete within 31 calendar
5days of the election or sooner if all the returns are received,
6its final canvass of the vote for all public offices.
7    (b) If a county clerk or board of election commissioners
8determines that all of the following apply, then a provisional
9ballot is valid and shall be counted as a vote:
10        (1) the provisional voter cast the provisional ballot
11    in the correct precinct based on the address provided by
12    the provisional voter unless the provisional voter cast a
13    ballot pursuant to paragraph (7) of subsection (a) of
14    Section 18A-5, in which case the provisional ballot must
15    have been cast in the correct election jurisdiction based
16    on the address provided. The provisional voter's affidavit
17    shall serve as a change of address request by that voter
18    for registration purposes for the next ensuing election if
19    it bears an address different from that in the records of
20    the election authority. Votes for federal and statewide
21    offices on a provisional ballot cast in the incorrect
22    precinct that meet the other requirements of this
23    subsection shall be valid and counted in accordance with
24    this Article rules adopted by the State Board of Elections.
25    As used in this item, "federal office" is defined as
26    provided in Section 20-1 and "statewide office" means the

 

 

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1    Governor, Attorney General, Secretary of State,
2    Comptroller, and Treasurer. Votes for General Assembly,
3    countywide, citywide, or township office on a provisional
4    ballot cast in the incorrect precinct but in the correct
5    legislative district, representative district, county,
6    municipality, or township, as the case may be, shall be
7    valid and counted in accordance with this Article rules
8    adopted by the State Board of Elections. As used in this
9    item, "citywide office" means an office elected by the
10    electors of an entire municipality. As used in this item,
11    "township office" means an office elected by the electors
12    of an entire township;
13        (2) the affidavit executed by the provisional voter
14    pursuant to subsection (b)(2) of Section 18A-5 contains, at
15    a minimum, the provisional voter's first and last name,
16    house number and street name, and signature or mark;
17        (3) except as permitted by item (5) of subsection (b)
18    of this Section, the provisional voter is a registered
19    voter based on information available to the county clerk or
20    board of election commissioners provided by or obtained
21    from any of the following:
22            i. the provisional voter;
23            ii. an election judge;
24            iii. the statewide voter registration database
25        maintained by the State Board of Elections;
26            iv. the records of the county clerk or board of

 

 

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1        election commissioners' database; or
2            v. the records of the Secretary of State; and
3        (4) for a provisional ballot cast under item (6) of
4    subsection (a) of Section 18A-5, the voter did not vote by
5    vote by mail absentee ballot in the election at which the
6    provisional ballot was cast; or .
7        (5) for a provisional ballot cast under item (7) of
8    subsection (a) of Section 18A-5, the voter provides the
9    election authority with the necessary documentation within
10    7 days of election day.
11    (c) With respect to subsection (b)(3) of this Section, the
12county clerk or board of election commissioners shall
13investigate and record whether or not the specified information
14is available from each of the 5 identified sources. If the
15information is available from one or more of the identified
16sources, then the county clerk or board of election
17commissioners shall seek to obtain the information from each of
18those sources until satisfied, with information from at least
19one of those sources, that the provisional voter is registered
20and entitled to vote. The county clerk or board of election
21commissioners shall use any information it obtains as the basis
22for determining the voter registration status of the
23provisional voter. If a conflict exists among the information
24available to the county clerk or board of election
25commissioners as to the registration status of the provisional
26voter, then the county clerk or board of election commissioners

 

 

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1shall make a determination based on the totality of the
2circumstances. In a case where the above information equally
3supports or opposes the registration status of the voter, the
4county clerk or board of election commissioners shall decide in
5favor of the provisional voter as being duly registered to
6vote. If the statewide voter registration database maintained
7by the State Board of Elections indicates that the provisional
8voter is registered to vote, but the county clerk's or board of
9election commissioners' voter registration database indicates
10that the provisional voter is not registered to vote, then the
11information found in the statewide voter registration database
12shall control the matter and the provisional voter shall be
13deemed to be registered to vote. If the records of the county
14clerk or board of election commissioners indicates that the
15provisional voter is registered to vote, but the statewide
16voter registration database maintained by the State Board of
17Elections indicates that the provisional voter is not
18registered to vote, then the information found in the records
19of the county clerk or board of election commissioners shall
20control the matter and the provisional voter shall be deemed to
21be registered to vote. If the provisional voter's signature on
22his or her provisional ballot request varies from the signature
23on an otherwise valid registration application solely because
24of the substitution of initials for the first or middle name,
25the election authority may not reject the provisional ballot.
26    (d) In validating the registration status of a person

 

 

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1casting a provisional ballot, the county clerk or board of
2election commissioners shall not require a provisional voter to
3complete any form other than the affidavit executed by the
4provisional voter under subsection (b)(2) of Section 18A-5. In
5addition, the county clerk or board of election commissioners
6shall not require all provisional voters or any particular
7class or group of provisional voters to appear personally
8before the county clerk or board of election commissioners or
9as a matter of policy require provisional voters to submit
10additional information to verify or otherwise support the
11information already submitted by the provisional voter. Within
122 calendar days after the election, the election authority
13shall transmit by electronic means pursuant to a process
14established by the State Board of Elections the name, street
15address, e-mail address, and precinct, ward, township, and
16district numbers, as the case may be, of each person casting a
17provisional ballot to the State Board of Elections, which shall
18maintain those names and that information in an electronic
19format on its website, arranged by county and accessible to
20State and local political committees. The provisional voter
21may, within 7 calendar days after the election, submit
22additional information to the county clerk or board of election
23commissioners. This information must be received by the county
24clerk or board of election commissioners within the
257-calendar-day period.
26    (e) If the county clerk or board of election commissioners

 

 

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

 

 

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1    (h) As soon as the ballots have been counted, the election
2judges or election officials shall, in the presence of the
3county clerk or board of election commissioners, place each of
4the following items in a separate envelope or bag: (1) all
5provisional ballots, voted or spoiled; (2) all provisional
6ballot envelopes of provisional ballots voted or spoiled; and
7(3) all executed affidavits of the provisional ballots voted or
8spoiled. All provisional ballot envelopes for provisional
9voters who have been determined not to be registered to vote
10shall remain sealed. The county clerk or board of election
11commissioners shall treat the provisional ballot envelope
12containing the written affidavit as a voter registration
13application for that person for the next election and process
14that application. The election judges or election officials
15shall then securely seal each envelope or bag, initial the
16envelope or bag, and plainly mark on the outside of the
17envelope or bag in ink the precinct in which the provisional
18ballots were cast. The election judges or election officials
19shall then place each sealed envelope or bag into a box, secure
20and seal it in the same manner as described in item (6) of
21subsection (b) of Section 18A-5. Each election judge or
22election official shall take and subscribe an oath before the
23county clerk or board of election commissioners that the
24election judge or election official securely kept the ballots
25and papers in the box, did not permit any person to open the
26box or otherwise touch or tamper with the ballots and papers in

 

 

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1the box, and has no knowledge of any other person opening the
2box. For purposes of this Section, the term "election official"
3means the county clerk, a member of the board of election
4commissioners, as the case may be, and their respective
5employees.
6(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
798-691, eff. 7-1-14.)
 
8    (10 ILCS 5/18A-218 new)
9    Sec. 18A-218. Interpretation of Article 18A. The Sections
10of this Article following this Section shall be supplemental to
11all other provisions of this Article and are intended to
12provide procedural requirements for the implementation of the
13provisions of this Article. In the case of a conflict between
14the Sections following this Section and the Sections preceding
15this Section, the Sections preceding this Section shall
16prevail.
 
17    (10 ILCS 5/18A-218.10 new)
18    Sec. 18A-218.10. Definitions relating to provisional
19ballots.
20    (a) As used in this Article:
21        "Citywide or villagewide office" means an office
22    elected by the electors of an entire municipality.
23        "Correct precinct" means the precinct containing the
24    addresses at which the provisional voter resides and at

 

 

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1    which he or she is registered to vote.
2        "Countywide office" means the offices of Clerk,
3    Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
4    Auditor, County Board President, County Board Member or
5    County Commissioner in those counties that elect those
6    officers countywide, Coroner, Regional Superintendent of
7    Schools, Sanitary District Commissioners or Trustees,
8    Assessor, Board of Review Members in those counties that
9    elect those officers countywide, and Treasurer.
10        "Election authority" means either the County Clerk,
11    County Board of Election Commissioners, or Municipal Board
12    of Election Commissioners, as the case may be.
13        "Election jurisdiction" means an entire county, in the
14    case of a county in which no city board of election
15    commissioners is located or that is under the jurisdiction
16    of a county board of election commissioners; the
17    territorial jurisdiction of a city board of election
18    commissioners; and the territory in a county outside of the
19    jurisdiction of a city board of election commissioners.
20    Election jurisdictions shall be determined according to
21    which election authority maintains the permanent
22    registration records of qualified electors.
23        "Incorrect precinct" means the precinct in which the
24    voter cast a provisional ballot, but is not the precinct
25    containing the address at which he or she is registered to
26    vote. In order for a provisional ballot to be eligible for

 

 

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1    counting when cast in an incorrect precinct, that precinct
2    must be located within either the county or municipality in
3    which the voter is registered.
4        "Leading established political party" means one of the
5    two political parties whose candidates for Governor at the
6    most recent 3 gubernatorial elections received either the
7    highest or second highest average number of votes. The
8    first leading political party is the party whose candidate
9    for Governor received the highest average number of votes
10    in the 3 most recent gubernatorial elections and the second
11    leading political party is the party whose candidate for
12    Governor received the second highest average number of
13    votes in the 3 most recent gubernatorial elections.
14        "Legislative district" means the district in which an
15    Illinois State Senator is elected to serve the residents.
16        "Persons entitled to vote provisionally" or
17    "provisional voter" means a person claiming to be a
18    registered voter who is entitled by Section 18A-5 of this
19    Code to vote a provisional ballot under the following
20    circumstances:
21            (1) The person's name does not appear on the
22        official list of eligible voters for the precinct in
23        which the person seeks to vote and the person has
24        refused an opportunity to register at the polling
25        location or another grace period registration site.
26            (2) The person's voting status has been

 

 

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1        successfully challenged by an election judge, a
2        pollwatcher or any legal voter.
3            (3) A federal or State court order extends the time
4        for closing the polls beyond the time period
5        established by State law and the person votes during
6        the extended time period.
7            (4) The voter registered to vote by mail and is
8        required by law to present identification when voting
9        either in person or by vote by mail ballot, but fails
10        to do so.
11            (5) The voter's name appears on the list of voters
12        who voted during the early voting period, but the voter
13        claims not to have voted during the early voting
14        period.
15            (6) The voter received a vote by mail ballot but
16        did not return the vote by mail ballot to the election
17        authority, and failed to surrender it to the election
18        judges.
19            (7) The voter attempted to register to vote on
20        election day, but failed to provide the necessary
21        documentation.
22        "Representative district" means the district from
23    which an Illinois State Representative is elected to serve
24    the residents.
25        "Statewide office" means the Constitutional offices of
26    Governor and Lt. Governor running jointly, Secretary of

 

 

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1    State, Attorney General, Comptroller, and Treasurer.
2        "Township office" means an office elected by the
3    electors of an entire township.
4    (b) Procedures for Voting Provisionally in the Polling
5Place.
6        (1) If any of the 7 reasons cited in the definition of
7    provisional voter in subsection (a) for casting a
8    provisional ballot exists, an election judge must accept
9    any information provided by a person who casts a
10    provisional ballot that the person believes supports his or
11    her claim that he or she is a duly registered voter and
12    qualified to vote in the election. However, if the person's
13    residence address is outside the precinct boundaries, the
14    election judge shall inform the person of that fact, give
15    the person the appropriate telephone number of the election
16    authority in order to locate the polling place assigned to
17    serve that address (or consult any alternative tools
18    provided by the election authority for determining a
19    voter's correct precinct polling place) and instruct the
20    person to go to the proper polling place to vote.
21        (2) Once it has been determined by the election judges
22    that the person is entitled to receive a provisional
23    ballot, and the voter has completed the provisional voter
24    affidavit, the voter shall be given a provisional ballot
25    and shall proceed to vote that ballot. Upon receipt of the
26    ballot by the election judges, the ballot shall be

 

 

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1    transmitted to the election authority in accordance with
2    subsection (a) of Section 18A-10 of this Code.
3        (3) In the event that a provisional ballot is
4    mistakenly cast in a precinct other than the precinct that
5    contains the voter's address of registration (if the voter
6    believed he or she registered in the precinct in which he
7    or she voted provisionally, and the election judges should
8    have, but did not direct the voter to vote in the correct
9    precinct), Section 218.20 shall apply.
 
10    (10 ILCS 5/18A-218.20 new)
11    Sec. 18A-218.20. Counting procedures for provisional
12ballots cast in an incorrect precinct within the same election
13authority's jurisdiction.
14    (a) The election authority shall:
15        (1) transmit to the State Board of Elections the
16    provisional voter's identifying information and voting
17    jurisdiction within 2 calendar days. Following that, and
18    subject to paragraph (2) below, if the election authority
19    having jurisdiction over the provisional voter determines
20    that the voter has cast a provisional ballot in an
21    incorrect precinct, the ballot shall still be counted using
22    the procedures established in subsection (b) of this
23    Section or Section 18A-218.30 if applicable. Jurisdictions
24    that use election machines authorized pursuant to Article
25    24C of this Code for casting provisional ballots may vary

 

 

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1    procedures of this Section and Section 18A-218.30 as
2    appropriate for the counting of provisional ballots cast on
3    those machines.
4        (2) determine whether the voter was entitled to cast a
5    provisional ballot. The voter is entitled to cast a
6    provisional ballot if:
7            (A) the affidavit executed by the voter contains,
8        at a minimum, the provisional voter's first and last
9        name, house number and street name, and signature or
10        mark;
11            (B) the provisional voter is a registered voter
12        based on information available to the county clerk or
13        board of election commissioners provided by or
14        obtained from the provisional voter, an election
15        judge, the Statewide voter registration database
16        maintained by the State Board of Elections, the records
17        of the county clerk or board of election commissioners'
18        database, or the records of the Secretary of State or
19        the voter is attempting to register but lacks the
20        necessary documentation; and
21            (C) the provisional voter did not vote using the
22        vote by mail ballot and did not vote during the period
23        for early voting.
24    (b) Once it has been determined by the election authority
25that the voter was entitled to vote a provisional ballot, even
26though it had been cast in an incorrect precinct, the election

 

 

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1authority shall select a team or teams of 2 duly commissioned
2election judges, one from each of the two leading established
3political parties in Illinois to count the votes that are
4eligible to be cast on the provisional ballot. In those
5jurisdictions that use election officials as defined in
6subsection (h) of Section 18A-15 of this Code, these duties may
7be performed by those election officials.
8        (1) Votes cast for Statewide offices, the Office of
9    President of the United States (including votes cast in the
10    Presidential Preference Primary), and United States Senate
11    shall be counted on all provisional ballots cast in the
12    incorrect precinct.
13        (2) Votes cast for Representative in Congress,
14    delegate or alternate delegate to a national nominating
15    convention, State Senator, State Representative, or
16    countywide, citywide, villagewide, or township office
17    shall be counted if it is determined by the election judges
18    or officials that the voter would have been entitled to
19    vote for one or more of these offices had the voter voted
20    in the precinct in which he or she is registered to vote
21    (the correct precinct) and had the voter voted a ballot of
22    the correct ballot style containing all the offices and
23    candidates for which the voter was entitled to cast a
24    ballot (the correct ballot style). This determination
25    shall be made by comparing a sample ballot of the correct
26    ballot style with the actual provisional ballot cast by the

 

 

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1    voter. If the same office (including the same district
2    number for a Congressional, Legislative or Representative
3    district) appears on both the correct ballot style sample
4    ballot and the provisional ballot cast by the voter, votes
5    for that office shall be counted. All votes cast for any
6    remaining offices (offices for which the voter would not
7    have been entitled to vote had he or she voted in the
8    correct precinct) shall not be counted.
9        (3) No votes shall be counted for an office when the
10    voter voted for more candidates than he or she was allowed.
11        (4) Once it has been determined which offices are to be
12    counted and the provisional ballot contains no other votes,
13    the provisional ballot shall be counted pursuant to the
14    procedures set forth in this subsection (b).
15        (5) If a provisional ballot does not contain any valid
16    votes, the provisional ballot shall be marked invalid and
17    shall not be counted.
18        (6) Any provisional voting verification system
19    established by an election authority shall inform the
20    provisional voter that his or her provisional ballot was
21    partially counted because it was cast in an incorrect
22    precinct.
23        (7) If a provisional ballot only contains votes cast
24    for eligible offices, and does not contain any votes cast
25    for ineligible offices, the ballot may be tabulated without
26    having to be remade.

 

 

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1        (8) If a provisional ballot contains both valid votes
2    that must be counted and invalid votes that cannot be
3    counted:
4            (A) the election judges, consisting in each case of
5        at least one of each of the 2 leading political
6        parties, shall, if the provisional ballot was cast on a
7        paper ballot sheet, proceed to remake the voted ballot
8        onto a blank ballot that includes all of the offices
9        for which valid votes were cast, transferring only
10        valid votes. The original provisional ballot shall be
11        marked "Original Provisional Ballot" with a serial
12        number commencing at "1" and continuing consecutively
13        for ballots of that kind in the precinct. The duplicate
14        provisional ballot shall be marked "Duplicate
15        Provisional Ballot" and be given the same serial number
16        as the original ballot from which it was duplicated.
17        The duplicate provisional ballot shall then be treated
18        in the same manner as other provisional ballots.
19            (B) if the provisional ballot was cast on a direct
20        recording electronic voting device, the election
21        judges shall mark the original provisional ballot as a
22        partially counted defective electronic provisional
23        ballot because it was cast in the incorrect precinct
24        (or bear some similar notation) and proceed to either:
25                (i) remake the voted ballot by transferring
26            all valid votes to a duplicate paper ballot sheet

 

 

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1            of the correct ballot style, marking the duplicate
2            ballot "Duplicate Electronic Provisional Ballot"
3            and then counting the duplicate provisional ballot
4            in the same manner as the other provisional ballots
5            marked on paper ballot sheets; or
6                (ii) transfer, or cause to be transferred, all
7            valid votes electronically to the correct
8            precinct, which shall be counted and added to the
9            vote totals for the correct precinct, excluding
10            any votes that cannot be counted. If this method is
11            used, a permanent paper record must be generated
12            for both the defective provisional ballot and the
13            duplicate electronic provisional ballot.
14    (c) For provisional ballots cast at a partisan primary
15election, the judges shall use a duplicate ballot of the
16correct ballot style for the same political party as the ballot
17chosen by the voter.
18    (d) At least one qualified pollwatcher for each candidate,
19political party, and civic organization, as authorized by
20Section 17-23 of this Code, shall be permitted to observe the
21ballot remaking process.
 
22    (10 ILCS 5/18A-218.30 new)
23    Sec. 18A-218.30. Counting procedures for provisional
24ballots cast in an incorrect precinct within a different
25election authority's jurisdiction.

 

 

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1    (a) The election authority having possession of the
2provisional ballot shall first notify the election authority
3having jurisdiction over the provisional voter that the voter
4cast a provisional ballot in its jurisdiction and provide
5whatever information is needed for the election authority to
6comply with the notification requirements set forth in
7subsection (d) of Section 18A-15 of this Code. For purpose of
8determining which election authority has jurisdiction over the
9provisional voter, the election authority having possession of
10the provisional ballot shall use the address listed on the
11provisional ballot affidavit that was provided by the voter. If
12that address is different from the address at which the voter
13is registered the ballot shall be rejected; however, the
14affidavit shall serve as a request to register at that address.
15If a voter cast a provisional ballot in an incorrect precinct
16located in the jurisdiction of an election authority other than
17the election authority having jurisdiction over the voter's
18correct precinct, but where the precinct is located within the
19same county as the 2 election authorities (e.g., a voter is
20registered in the City of Chicago, but casts a provisional
21ballot in suburban Cook County), the election authority in
22whose territory the provisional ballot was cast shall, after
23receipt of the provisional ballot, transmit it, along with the
24provisional voter's affidavit and any other documentation
25provided to the election judges, to the office of the election
26authority having jurisdiction over the voter's correct

 

 

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

 

 

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

 

 

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1    the election authority having jurisdiction over the
2    correct precinct, that election authority shall proceed to
3    remake and count the votes on the provisional ballot in
4    accordance with the procedures described in Section
5    18A-218.20, including the determination of eligibility to
6    cast a provisional ballot. Any information provided to the
7    election authority within the 7 day period provided for in
8    Section 18A-15 of this Code shall be transmitted to the
9    office of the election authority having jurisdiction over
10    the voter's correct precinct, along with the provisional
11    ballot of that voter.
12        (2) If a voter casts a provisional ballot in a precinct
13    outside of the county in which he or she is registered and
14    outside of the municipality, representative district, or
15    legislative district in which he or she is registered (if
16    applicable), the ballot shall not be counted. It shall,
17    however, be transmitted via the U.S. Postal Service to the
18    election authority having jurisdiction over the voter's
19    correct precinct within 14 days after the election and
20    shall be kept for 2 months, the same length of time as is
21    required for other voted ballots.
22    For purposes of determining which election authority has
23jurisdiction over the provisional voter, the election
24authority having possession of the provisional ballot shall use
25the address listed on the provisional ballot affidavit that was
26provided by the voter. If such address is different from the

 

 

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1address at which the voter is registered, the ballot shall be
2rejected, however the affidavit shall serve as a request to
3register at such address.
 
4    (10 ILCS 5/18A-218.40 new)
5    Sec. 18A-218.40. Follow-up procedures for provisional
6ballots. The original provisional ballot cast by the voter
7shall be stored separately from other ballots voted in the
8election and shall be preserved in the same manner as original
9ballots that had to be remade for other reasons, such as a
10damaged ballot or as a result of a voter over-voting an office.
 
11    (10 ILCS 5/Art. 19 heading)
12
ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS

 
13    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
14    Sec. 19-2. Any elector as defined in Section 19-1 may by
15mail or electronically on the website of the appropriate
16election authority, not more than 90 nor less than 5 days prior
17to the date of such election, or by personal delivery not more
18than 90 nor less than one day prior to the date of such
19election, make application to the county clerk or to the Board
20of Election Commissioners for an official ballot for the
21voter's precinct to be voted at such election. The URL address
22at which voters may electronically request a vote by mail an
23absentee ballot shall be fixed no later than 90 calendar days

 

 

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1before an election and shall not be changed until after the
2election. Such a ballot shall be delivered to the elector only
3upon separate application by the elector for each election.
4(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691,
5eff. 7-1-14.)
 
6    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
7    Sec. 19-3. The application for vote by mail absentee ballot
8shall be substantially in the following form:
9
APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT
10    To be voted at the .... election in the County of .... and
11State of Illinois, in the .... precinct of the (1) *township of
12.... (2) *City of .... or (3) *.... ward in the City of ....
13    I state that I am a resident of the .... precinct of the
14(1) *township of .... (2) *City of .... or (3) *.... ward in
15the city of .... residing at .... in such city or town in the
16county of .... and State of Illinois; that I have lived at such
17address for .... month(s) last past; that I am lawfully
18entitled to vote in such precinct at the .... election to be
19held therein on ....; and that I wish to vote by vote by mail
20absentee ballot.
21    I hereby make application for an official ballot or ballots
22to be voted by me at such election, and I agree that I shall
23return such ballot or ballots to the official issuing the same
24prior to the closing of the polls on the date of the election
25or, if returned by mail, postmarked no later than midnight

 

 

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1preceding election day, for counting no later than during the
2period for counting provisional ballots, the last day of which
3is the 14th day following election day.
4    I understand that this application is made for an official
5vote by mail absentee ballot or ballots to be voted by me at
6the election specified in this application and that I must
7submit a separate application for an official vote by mail
8absentee ballot or ballots to be voted by me at any subsequent
9election.
10    Under penalties as provided by law pursuant to Section
1129-10 of The Election Code, the undersigned certifies that the
12statements set forth in this application are true and correct.
13
....
14
*fill in either (1), (2) or (3).
15
Post office address to which ballot is mailed:
16...............
17    However, if application is made for a primary election
18ballot, such application shall require the applicant to
19designate the name of the political party with which the
20applicant is affiliated.
21    If application is made electronically, the applicant shall
22mark the box associated with the above described statement
23included as part of the online application certifying that the
24statements set forth in this application are true and correct,
25and a signature is not required.
26    Any person may produce, reproduce, distribute, or return to

 

 

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1an election authority the application for vote by mail absentee
2ballot. Upon receipt, the appropriate election authority shall
3accept and promptly process any application for vote by mail
4absentee ballot submitted in a form substantially similar to
5that required by this Section, including any substantially
6similar production or reproduction generated by the applicant.
7(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
8    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
9    Sec. 19-4. Mailing or delivery of ballots; time.
10Immediately upon the receipt of such application either by mail
11or electronic means, not more than 90 40 days nor less than 5
12days prior to such election, or by personal delivery not more
13than 90 40 days nor less than one day prior to such election,
14at the office of such election authority, it shall be the duty
15of such election authority to examine the records to ascertain
16whether or not such applicant is lawfully entitled to vote as
17requested, including a verification of the applicant's
18signature by comparison with the signature on the official
19registration record card, and if found so to be entitled to
20vote, to post within one business day thereafter the name,
21street address, ward and precinct number or township and
22district number, as the case may be, of such applicant given on
23a list, the pages of which are to be numbered consecutively to
24be kept by such election authority for such purpose in a
25conspicuous, open and public place accessible to the public at

 

 

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1the entrance of the office of such election authority, and in
2such a manner that such list may be viewed without necessity of
3requesting permission therefor. Within one day after posting
4the name and other information of an applicant for a vote by
5mail an absentee ballot, the election authority shall transmit
6by electronic means pursuant to a process established by the
7State Board of Elections that name and other posted information
8to the State Board of Elections, which shall maintain those
9names and other information in an electronic format on its
10website, arranged by county and accessible to State and local
11political committees. Within 2 business days after posting a
12name and other information on the list within its office, but
13no sooner than 40 days before an election, the election
14authority shall mail, postage prepaid, or deliver in person in
15such office an official ballot or ballots if more than one are
16to be voted at said election. Mail delivery of Temporarily
17Absent Student ballot applications pursuant to Section 19-12.3
18shall be by nonforwardable mail. However, for the consolidated
19election, vote by mail absentee ballots for certain precincts
20may be delivered to applicants not less than 25 days before the
21election if so much time is required to have prepared and
22printed the ballots containing the names of persons nominated
23for offices at the consolidated primary. The election authority
24shall enclose with each vote by mail absentee ballot or
25application written instructions on how voting assistance
26shall be provided pursuant to Section 17-14 and a document,

 

 

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1written and approved by the State Board of Elections, informing
2the vote by mail voter of the required postage for returning
3the application and ballot, and enumerating the circumstances
4under which a person is authorized to vote by vote by mail
5absentee ballot pursuant to this Article; such document shall
6also include a statement informing the applicant that if he or
7she falsifies or is solicited by another to falsify his or her
8eligibility to cast a vote by mail an absentee ballot, such
9applicant or other is subject to penalties pursuant to Section
1029-10 and Section 29-20 of the Election Code. Each election
11authority shall maintain a list of the name, street address,
12ward and precinct, or township and district number, as the case
13may be, of all applicants who have returned vote by mail
14absentee ballots to such authority, and the name of such vote
15by mail absent voter shall be added to such list within one
16business day from receipt of such ballot. If the vote by mail
17absentee ballot envelope indicates that the voter was assisted
18in casting the ballot, the name of the person so assisting
19shall be included on the list. The list, the pages of which are
20to be numbered consecutively, shall be kept by each election
21authority in a conspicuous, open, and public place accessible
22to the public at the entrance of the office of the election
23authority and in a manner that the list may be viewed without
24necessity of requesting permission for viewing.
25    Each election authority shall maintain a list for each
26election of the voters to whom it has issued vote by mail

 

 

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

 

 

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1election authority under Section 19-12.2. Such judge shall
2deliver in person on the designated day the ballot to the
3applicant on the premises of the facility from which
4application was made. The election authority shall by mail
5notify the applicant in such facility that the ballot will be
6delivered by a judge of election on the designated day.
7    All applications for vote by mail absentee ballots shall be
8available at the office of the election authority for public
9inspection upon request from the time of receipt thereof by the
10election authority until 30 days after the election, except
11during the time such applications are kept in the office of the
12election authority pursuant to Section 19-7, and except during
13the time such applications are in the possession of the judges
14of election.
15(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
16eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
1798-756, eff. 7-16-14.)
 
18    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
19    Sec. 19-5. It shall be the duty of the election authority
20to fold the ballot or ballots in the manner specified by the
21statute for folding ballots prior to their deposit in the
22ballot box, and to enclose such ballot or ballots in an
23envelope unsealed to be furnished by him, which envelope shall
24bear upon the face thereof the name, official title and post
25office address of the election authority, and upon the other

 

 

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

 

 

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

 

 

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

 

 

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1described in subsection (b) of Section 28-6 and the territory
2concerning which the question is to be submitted is not
3described on the ballot due to the space limitations of such
4ballot, the election authority shall provide a printed copy of
5a notice of the public question, which shall include a
6description of the territory in the manner required by Section
716-7. The notice shall be furnished to the elector at the same
8time the ballot is delivered to the elector.
9(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
10    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
11    Sec. 19-6. Such vote by mail absent voter shall make and
12subscribe to the certifications provided for in the application
13and on the return envelope for the ballot, and such ballot or
14ballots shall be folded by such voter in the manner required to
15be folded before depositing the same in the ballot box, and be
16deposited in such envelope and the envelope securely sealed.
17The voter shall then endorse his certificate upon the back of
18the envelope and the envelope shall be mailed in person by such
19voter, postage prepaid, to the election authority issuing the
20ballot or, if more convenient, it may be delivered in person,
21by either the voter or by any person authorized by the voter a
22spouse, parent, child, brother or sister of the voter, or by a
23company licensed as a motor carrier of property by the Illinois
24Commerce Commission under the Illinois Commercial
25Transportation Law, which is engaged in the business of making

 

 

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1deliveries. It shall be unlawful for any person not the voter
2or a person authorized by the voter, his or her spouse, parent,
3child, brother, or sister, or a representative of a company
4engaged in the business of making deliveries to the election
5authority to take the ballot and ballot envelope of a voter for
6deposit into the mail unless the ballot has been issued
7pursuant to application by a physically incapacitated elector
8under Section 3-3 or a hospitalized voter under Section 19-13,
9in which case any employee or person under the direction of the
10facility in which the elector or voter is located may deposit
11the ballot and ballot envelope into the mail. If the voter
12authorized a person to deliver the ballot to the election
13authority, the voter and the person authorized to deliver the
14ballot shall complete the authorization printed on the exterior
15envelope supplied by an election authority for the return of
16the vote by mail ballot. The exterior of the envelope supplied
17by an election authority for the return of the vote by mail
18ballot shall include an authorization in substantially the
19following form:
 
20    I ............ (voter) authorize ............... to take
21the necessary steps to have this ballot delivered promptly to
22the office of the election authority.
 
23.......................              ........................
24         Date                           Signature of voter
 

 

 

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

 

 

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1         Date                        Signature of Authorized
2                                            Individual
 
3.......................              ........................
4         Hour                          Relationship (if any)
5(Source: P.A. 89-653, eff. 8-14-96.)
 
6    (10 ILCS 5/19-7)  (from Ch. 46, par. 19-7)
7    Sec. 19-7. (a) Upon receipt of such vote by mail absent
8voter's ballot, the election authority shall forthwith enclose
9the same unopened, together with the application made by said
10vote by mail absent voter in a large or carrier envelope which
11shall be securely sealed and endorsed with the name and
12official title of such officer and the words, "This envelope
13contains a vote by mail an absent voter's ballot and must be
14opened on election day," together with the number and
15description of the precinct in which said ballot is to be
16voted, and such officer shall thereafter safely keep the same
17in his office until counted by him as provided in the next
18section.
19    (b) Within one day after receipt of such vote by mail
20absent voter's ballot, the election authority shall transmit,
21by electronic means pursuant to a process established by the
22State Board of Elections, the voter's name, street address,
23e-mail address, and precinct, ward, township, and district
24numbers, as the case may be, to the State Board of Elections,

 

 

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1which shall maintain those names and that information in an
2electronic format on its website, arranged by county and
3accessible to State and local political committees.
4(Source: P.A. 98-115, eff. 7-29-13.)
 
5    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
6    Sec. 19-8. Time and place of counting ballots.
7    (a) (Blank.)
8    (b) Each vote by mail absent voter's ballot returned to an
9election authority, by any means authorized by this Article,
10and received by that election authority before the closing of
11the polls on election day shall be endorsed by the receiving
12election authority with the day and hour of receipt and may be
13processed by the election authority beginning on the 15th day
14before election day shall be counted in the central ballot
15counting location of the election authority, but the results of
16the processing may not be counted until on the day of the
17election after 7:00 p.m., except as provided in subsections (g)
18and (g-5).
19    (c) Each vote by mail absent voter's ballot that is mailed
20to an election authority and postmarked no later than by the
21midnight preceding the opening of the polls on election day,
22but that is received by the election authority after the polls
23close on election day and before the close of the period for
24counting provisional ballots cast at that election, shall be
25endorsed by the receiving authority with the day and hour of

 

 

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1receipt and shall be counted at the central ballot counting
2location of the election authority during the period for
3counting provisional ballots.
4    Each vote by mail absent voter's ballot that is mailed to
5an election authority absent a postmark, but that is received
6by the election authority after the polls close on election day
7and before the close of the period for counting provisional
8ballots cast at that election, shall be endorsed by the
9receiving authority with the day and hour of receipt, opened to
10inspect the date inserted on the certification, and, if the
11certification date is a date preceding the election day and the
12ballot is otherwise found to be valid under the requirements of
13this Section, counted at the central ballot counting location
14of the election authority during the period for counting
15provisional ballots. Absent a date on the certification, the
16ballot shall not be counted.
17    (d) Special write-in vote by mail absentee voter's blank
18ballots returned to an election authority, by any means
19authorized by this Article, and received by the election
20authority at any time before the closing of the polls on
21election day shall be endorsed by the receiving election
22authority with the day and hour of receipt and shall be counted
23at the central ballot counting location of the election
24authority during the same period provided for counting vote by
25mail absent voters' ballots under subsections (b), (g), and
26(g-5). Special write-in vote by mail absentee voter's blank

 

 

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

 

 

09800SB0172ham002- 188 -LRB098 04408 MGM 62714 a

1voter's blank ballots required to be counted on election day
2have been counted.
3    (g) The procedures set forth in Articles 17 and 18 of this
4Code shall apply to all ballots counted under this Section. In
5addition, within 2 days after a vote by mail an absentee
6ballot, other than an in-person absentee ballot, is received,
7but in all cases before the close of the period for counting
8provisional ballots, the election judge or official shall
9compare the voter's signature on the certification envelope of
10that vote by mail absentee ballot with the signature of the
11voter on file in the office of the election authority. If the
12election judge or official determines that the 2 signatures
13match, and that the vote by mail absentee voter is otherwise
14qualified to cast a vote by mail an absentee ballot, the
15election authority shall cast and count the ballot on election
16day or the day the ballot is determined to be valid, whichever
17is later, adding the results to the precinct in which the voter
18is registered. If the election judge or official determines
19that the signatures do not match, or that the vote by mail
20absentee voter is not qualified to cast a vote by mail an
21absentee ballot, then without opening the certification
22envelope, the judge or official shall mark across the face of
23the certification envelope the word "Rejected" and shall not
24cast or count the ballot.
25    In addition to the voter's signatures not matching, a vote
26by mail an absentee ballot may be rejected by the election

 

 

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1judge or official:
2        (1) if the ballot envelope is open or has been opened
3    and resealed;
4        (2) if the voter has already cast an early or grace
5    period ballot;
6        (3) if the voter voted in person on election day or the
7    voter is not a duly registered voter in the precinct; or
8        (4) on any other basis set forth in this Code.
9    If the election judge or official determines that any of
10these reasons apply, the judge or official shall mark across
11the face of the certification envelope the word "Rejected" and
12shall not cast or count the ballot.
13    (g-5) If a vote by mail an absentee ballot, other than an
14in-person absentee ballot, is rejected by the election judge or
15official for any reason, the election authority shall, within 2
16days after the rejection but in all cases before the close of
17the period for counting provisional ballots, notify the vote by
18mail absentee voter that his or her ballot was rejected. The
19notice shall inform the voter of the reason or reasons the
20ballot was rejected and shall state that the voter may appear
21before the election authority, on or before the 14th day after
22the election, to show cause as to why the ballot should not be
23rejected. The voter may present evidence to the election
24authority supporting his or her contention that the ballot
25should be counted. The election authority shall appoint a panel
26of 3 election judges to review the contested ballot,

 

 

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1application, and certification envelope, as well as any
2evidence submitted by the vote by mail absentee voter. No more
3than 2 election judges on the reviewing panel shall be of the
4same political party. The reviewing panel of election judges
5shall make a final determination as to the validity of the
6contested vote by mail absentee ballot. The judges'
7determination shall not be reviewable either administratively
8or judicially.
9    A vote by mail An absentee ballot subject to this
10subsection that is determined to be valid shall be counted
11before the close of the period for counting provisional
12ballots.
13    (g-10) All vote by mail absentee ballots determined to be
14valid shall be added to the vote totals for the precincts for
15which they were cast in the order in which the ballots were
16opened.
17    (h) Each political party, candidate, and qualified civic
18organization shall be entitled to have present one pollwatcher
19for each panel of election judges therein assigned.
20(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2195-699, eff. 11-9-07.)
 
22    (10 ILCS 5/19-10)  (from Ch. 46, par. 19-10)
23    Sec. 19-10. Pollwatchers may be appointed to observe early
24in-person absentee voting procedures and view all reasonably
25requested records relating to the conduct of the election,

 

 

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1provided the secrecy of the ballot is not impinged, at the
2office of the election authority as well as at municipal,
3township or road district clerks' offices where such early
4absentee voting is conducted. Such pollwatchers shall qualify
5and be appointed in the same manner as provided in Sections
67-34 and 17-23, except each candidate, political party or
7organization of citizens may appoint only one pollwatcher for
8each location where early in-person absentee voting is
9conducted. Pollwatchers must be registered to vote in Illinois
10and possess valid pollwatcher credentials.
11    In the polling place on election day, pollwatchers shall be
12permitted to be present during the casting of the absent
13voters' ballots and the vote of any absent voter may be
14challenged for cause the same as if he were present and voted
15in person, and the judges of the election or a majority thereof
16shall have power and authority to hear and determine the
17legality of such ballot; Provided, however, that if a challenge
18to any absent voter's right to vote is sustained, notice of the
19same must be given by the judges of election by mail addressed
20to the voter's place of residence.
21    Where certain vote by mail absent voters' ballots are
22counted on the day of the election in the office of the
23election authority as provided in Section 19-8 of this Act,
24each political party, candidate and qualified civic
25organization shall be entitled to have present one pollwatcher
26for each panel of election judges therein assigned. Such

 

 

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1pollwatchers shall be subject to the same provisions as are
2provided for pollwatchers in Sections 7-34 and 17-23 of this
3Code, and shall be permitted to observe the election judges
4making the signature comparison between that which is on the
5ballot envelope and that which is on the permanent voter
6registration record card taken from the master file.
7(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
8    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
9    Sec. 19-12.1. Any qualified elector who has secured an
10Illinois Person with a Disability Identification Card in
11accordance with the Illinois Identification Card Act,
12indicating that the person named thereon has a Class 1A or
13Class 2 disability or any qualified voter who has a permanent
14physical incapacity of such a nature as to make it improbable
15that he will be able to be present at the polls at any future
16election, or any voter who is a resident of (i) a federally
17operated veterans' home, hospital, or facility located in
18Illinois or (ii) a facility licensed or certified pursuant to
19the Nursing Home Care Act, the Specialized Mental Health
20Rehabilitation Act of 2013, or the ID/DD Community Care Act and
21has a condition or disability of such a nature as to make it
22improbable that he will be able to be present at the polls at
23any future election, may secure a disabled voter's or nursing
24home resident's identification card, which will enable him to
25vote under this Article as a physically incapacitated or

 

 

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1nursing home voter. For the purposes of this Section,
2"federally operated veterans' home, hospital, or facility"
3means the long-term care facilities at the Jesse Brown VA
4Medical Center, Illiana Health Care System, Edward Hines, Jr.
5VA Hospital, Marion VA Medical Center, and Captain James A.
6Lovell Federal Health Care Center.
7    Application for a disabled voter's or nursing home
8resident's identification card shall be made either: (a) in
9writing, with voter's sworn affidavit, to the county clerk or
10board of election commissioners, as the case may be, and shall
11be accompanied by the affidavit of the attending physician
12specifically describing the nature of the physical incapacity
13or the fact that the voter is a nursing home resident and is
14physically unable to be present at the polls on election days;
15or (b) by presenting, in writing or otherwise, to the county
16clerk or board of election commissioners, as the case may be,
17proof that the applicant has secured an Illinois Person with a
18Disability Identification Card indicating that the person
19named thereon has a Class 1A or Class 2 disability. Upon the
20receipt of either the sworn-to application and the physician's
21affidavit or proof that the applicant has secured an Illinois
22Person with a Disability Identification Card indicating that
23the person named thereon has a Class 1A or Class 2 disability,
24the county clerk or board of election commissioners shall issue
25a disabled voter's or nursing home resident's identification
26card. Such identification cards shall be issued for a period of

 

 

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15 years, upon the expiration of which time the voter may secure
2a new card by making application in the same manner as is
3prescribed for the issuance of an original card, accompanied by
4a new affidavit of the attending physician. The date of
5expiration of such five-year period shall be made known to any
6interested person by the election authority upon the request of
7such person. Applications for the renewal of the identification
8cards shall be mailed to the voters holding such cards not less
9than 3 months prior to the date of expiration of the cards.
10    Each disabled voter's or nursing home resident's
11identification card shall bear an identification number, which
12shall be clearly noted on the voter's original and duplicate
13registration record cards. In the event the holder becomes
14physically capable of resuming normal voting, he must surrender
15his disabled voter's or nursing home resident's identification
16card to the county clerk or board of election commissioners
17before the next election.
18    The holder of a disabled voter's or nursing home resident's
19identification card may make application by mail for an
20official ballot within the time prescribed by Section 19-2.
21Such application shall contain the same information as is
22included in the form of application for ballot by a physically
23incapacitated elector prescribed in Section 19-3 except that it
24shall also include the applicant's disabled voter's
25identification card number and except that it need not be sworn
26to. If an examination of the records discloses that the

 

 

09800SB0172ham002- 195 -LRB098 04408 MGM 62714 a

1applicant is lawfully entitled to vote, he shall be mailed a
2ballot as provided in Section 19-4. The ballot envelope shall
3be the same as that prescribed in Section 19-5 for physically
4disabled voters, and the manner of voting and returning the
5ballot shall be the same as that provided in this Article for
6other vote by mail absentee ballots, except that a statement to
7be subscribed to by the voter but which need not be sworn to
8shall be placed on the ballot envelope in lieu of the affidavit
9prescribed by Section 19-5.
10    Any person who knowingly subscribes to a false statement in
11connection with voting under this Section shall be guilty of a
12Class A misdemeanor.
13    For the purposes of this Section, "nursing home resident"
14includes a resident of (i) a federally operated veterans' home,
15hospital, or facility located in Illinois or (ii) a facility
16licensed under the ID/DD Community Care Act or the Specialized
17Mental Health Rehabilitation Act of 2013. For the purposes of
18this Section, "federally operated veterans' home, hospital, or
19facility" means the long-term care facilities at the Jesse
20Brown VA Medical Center, Illiana Health Care System, Edward
21Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
22James A. Lovell Federal Health Care Center.
23(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
2598-104, eff. 7-22-13.)
 

 

 

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1    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
2    Sec. 19-12.2. Voting by physically incapacitated electors
3who have made proper application to the election authority not
4later than 5 days before the regular primary and general
5election of 1980 and before each election thereafter shall be
6conducted on the premises of (i) federally operated veterans'
7homes, hospitals, and facilities located in Illinois or (ii)
8facilities licensed or certified pursuant to the Nursing Home
9Care Act, the Specialized Mental Health Rehabilitation Act of
102013, or the ID/DD Community Care Act for the sole benefit of
11residents of such homes, hospitals, and facilities. For the
12purposes of this Section, "federally operated veterans' home,
13hospital, or facility" means the long-term care facilities at
14the Jesse Brown VA Medical Center, Illiana Health Care System,
15Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
16Captain James A. Lovell Federal Health Care Center. Such voting
17shall be conducted during any continuous period sufficient to
18allow all applicants to cast their ballots between the hours of
199 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
20Monday immediately preceding the regular election. This vote by
21mail absentee voting on one of said days designated by the
22election authority shall be supervised by two election judges
23who must be selected by the election authority in the following
24order of priority: (1) from the panel of judges appointed for
25the precinct in which such home, hospital, or facility is
26located, or from a panel of judges appointed for any other

 

 

09800SB0172ham002- 197 -LRB098 04408 MGM 62714 a

1precinct within the jurisdiction of the election authority in
2the same ward or township, as the case may be, in which the
3home, hospital, or facility is located or, only in the case
4where a judge or judges from the precinct, township or ward are
5unavailable to serve, (3) from a panel of judges appointed for
6any other precinct within the jurisdiction of the election
7authority. The two judges shall be from different political
8parties. Not less than 30 days before each regular election,
9the election authority shall have arranged with the chief
10administrative officer of each home, hospital, or facility in
11his or its election jurisdiction a mutually convenient time
12period on the Friday, Saturday, Sunday or Monday immediately
13preceding the election for such voting on the premises of the
14home, hospital, or facility and shall post in a prominent place
15in his or its office a notice of the agreed day and time period
16for conducting such voting at each home, hospital, or facility;
17provided that the election authority shall not later than noon
18on the Thursday before the election also post the names and
19addresses of those homes, hospitals, and facilities from which
20no applications were received and in which no supervised vote
21by mail absentee voting will be conducted. All provisions of
22this Code applicable to pollwatchers shall be applicable
23herein. To the maximum extent feasible, voting booths or
24screens shall be provided to insure the privacy of the voter.
25Voting procedures shall be as described in Article 17 of this
26Code, except that ballots shall be treated as vote by mail

 

 

09800SB0172ham002- 198 -LRB098 04408 MGM 62714 a

1absentee ballots and shall not be counted until the close of
2the polls on the following day. After the last voter has
3concluded voting, the judges shall seal the ballots in an
4envelope and affix their signatures across the flap of the
5envelope. Immediately thereafter, the judges shall bring the
6sealed envelope to the office of the election authority who
7shall deliver such ballots to the election authority's central
8ballot counting location prior to the closing of the polls on
9the day of election. The judges of election shall also report
10to the election authority the name of any applicant in the
11home, hospital, or facility who, due to unforeseen circumstance
12or condition or because of a religious holiday, was unable to
13vote. In this event, the election authority may appoint a
14qualified person from his or its staff to deliver the ballot to
15such applicant on the day of election. This staff person shall
16follow the same procedures prescribed for judges conducting
17vote by mail absentee voting in such homes, hospitals, or
18facilities and shall return the ballot to the central ballot
19counting location before the polls close. However, if the home,
20hospital, or facility from which the application was made is
21also used as a regular precinct polling place for that voter,
22voting procedures heretofore prescribed may be implemented by 2
23of the election judges of opposite party affiliation assigned
24to that polling place during the hours of voting on the day of
25the election. Judges of election shall be compensated not less
26than $25.00 for conducting vote by mail absentee voting in such

 

 

09800SB0172ham002- 199 -LRB098 04408 MGM 62714 a

1homes, hospitals, or facilities.
2    Not less than 120 days before each regular election, the
3Department of Public Health shall certify to the State Board of
4Elections a list of the facilities licensed or certified
5pursuant to the Nursing Home Care Act, the Specialized Mental
6Health Rehabilitation Act of 2013, or the ID/DD Community Care
7Act. The lists shall indicate the approved bed capacity and the
8name of the chief administrative officer of each such home,
9hospital, or facility, and the State Board of Elections shall
10certify the same to the appropriate election authority within
1120 days thereafter.
12(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
13eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
 
14    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
15    Sec. 19-13. Any qualified voter who has been admitted to a
16hospital, nursing home, or rehabilitation center due to an
17illness or physical injury not more than 14 days before an
18election shall be entitled to personal delivery of a vote by
19mail an absentee ballot in the hospital, nursing home, or
20rehabilitation center subject to the following conditions:
21    (1) The voter completes the Application for Physically
22Incapacitated Elector as provided in Section 19-3, stating as
23reasons therein that he is a patient in ............... (name
24of hospital/home/center), ............... located at,
25............... (address of hospital/home/center),

 

 

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1............... (county, city/village), was admitted for
2............... (nature of illness or physical injury), on
3............... (date of admission), and does not expect to be
4released from the hospital/home/center on or before the day of
5election or, if released, is expected to be homebound on the
6day of the election and unable to travel to the polling place.
7    (2) The voter's physician completes a Certificate of
8Attending Physician in a form substantially as follows:
9
CERTIFICATE OF ATTENDING PHYSICIAN
10    I state that I am a physician, duly licensed to practice in
11the State of .........; that .......... is a patient in
12.......... (name of hospital/home/center), located at
13............. (address of hospital/home/center),
14................. (county, city/village); that such individual
15was admitted for ............. (nature of illness or physical
16injury), on ............ (date of admission); and that I have
17examined such individual in the State in which I am licensed to
18practice medicine and do not expect such individual to be
19released from the hospital/home/center on or before the day of
20election or, if released, to be able to travel to the polling
21place on election day.
22    Under penalties as provided by law pursuant to Section
2329-10 of The Election Code, the undersigned certifies that the
24statements set forth in this certification are true and
25correct.
26
(Signature) ...............

 

 

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1
(Date licensed) ............
2    (3) Any person who is registered to vote in the same
3precinct as the admitted voter or any legal relative of the
4admitted voter may present such voter's vote by mail absentee
5ballot application, completed as prescribed in paragraph 1,
6accompanied by the physician's certificate, completed as
7prescribed in paragraph 2, to the election authority. Such
8precinct voter or relative shall execute and sign an affidavit
9furnished by the election authority attesting that he is a
10registered voter in the same precinct as the admitted voter or
11that he is a legal relative of the admitted voter and stating
12the nature of the relationship. Such precinct voter or relative
13shall further attest that he has been authorized by the
14admitted voter to obtain his or her vote by mail absentee
15ballot from the election authority and deliver such ballot to
16him in the hospital, home, or center.
17    Upon receipt of the admitted voter's application,
18physician's certificate, and the affidavit of the precinct
19voter or the relative, the election authority shall examine the
20registration records to determine if the applicant is qualified
21to vote and, if found to be qualified, shall provide the
22precinct voter or the relative the vote by mail absentee ballot
23for delivery to the applicant.
24    Upon receipt of the vote by mail absentee ballot, the
25admitted voter shall mark the ballot in secret and subscribe to
26the certifications on the vote by mail absentee ballot return

 

 

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1envelope. After depositing the ballot in the return envelope
2and securely sealing the envelope, such voter shall give the
3envelope to the precinct voter or the relative who shall
4deliver it to the election authority in sufficient time for the
5ballot to be delivered by the election authority to the
6election authority's central ballot counting location before 7
7p.m. on election day.
8    Upon receipt of the admitted voter's vote by mail absentee
9ballot, the ballot shall be counted in the manner prescribed in
10this Article.
11(Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06;
1295-878, eff. 1-1-09.)
 
13    (10 ILCS 5/19-15)
14    Sec. 19-15. Precinct tabulation optical scan technology
15voting equipment. If the election authority has adopted the use
16of Precinct Tabulation Optical Scan Technology voting
17equipment pursuant to Article 24B of this Code, and the
18provisions of the Article are in conflict with the provisions
19of this Article 19, the provisions of Article 24B shall govern
20the procedures followed by the election authority, its judges
21of elections, and all employees and agents, provided that vote
22by mail absentee ballots are counted at the election
23authority's central ballot counting location. In following the
24provisions of Article 24B, the election authority is authorized
25to develop and implement procedures to fully utilize Precinct

 

 

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1Tabulation Optical Scan Technology voting equipment, at the
2central ballot counting location, authorized by the State Board
3of Elections as long as the procedure is not in conflict with
4either Article 24B or the administrative rules of the State
5Board of Elections.
6(Source: P.A. 94-1000, eff. 7-3-06.)
 
7    (10 ILCS 5/19-20)
8    Sec. 19-20. Report on vote by mail absentee ballots. This
9Section applies to vote by mail absentee ballots other than
10in-person absentee ballots.
11    On or before the 21st day after an election, each election
12authority shall transmit to the State Board of Elections the
13following information with respect to that election:
14        (1) The number, by precinct, of vote by mail absentee
15    ballots requested, provided, and counted.
16        (2) The number of rejected vote by mail absentee
17    ballots.
18        (3) The number of voters seeking review of rejected
19    vote by mail absentee ballots pursuant to subsection (g-5)
20    of Section 19-8.
21        (4) The number of vote by mail absentee ballots counted
22    following review pursuant to subsection (g-5) of Section
23    19-8.
24On or before the 28th day after an election, the State Board of
25Elections shall compile the information received under this

 

 

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1Section with respect to that election and make that information
2available to the public.
3(Source: P.A. 94-1000, eff. 7-3-06.)
 
4    (10 ILCS 5/19A-10)
5    Sec. 19A-10. Permanent polling places for early voting.
6    (a) An election authority may establish permanent polling
7places for early voting by personal appearance at locations
8throughout the election authority's jurisdiction, including
9but not limited to a municipal clerk's office, a township
10clerk's office, a road district clerk's office, or a county or
11local public agency office. Any Except as otherwise provided in
12subsection (b), any person entitled to vote early by personal
13appearance may do so at any polling place established for early
14voting.
15    (b) (Blank). If it is impractical for the election
16authority to provide at each polling place for early voting a
17ballot in every form required in the election authority's
18jurisdiction, the election authority may:
19        (1) provide appropriate forms of ballots to the office
20    of the municipal clerk in a municipality not having a board
21    of election commissioners; the township clerk; or in
22    counties not under township organization, the road
23    district clerk; and
24        (2) limit voting at that polling place to registered
25    voters in that municipality, ward or group of wards,

 

 

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1    township, or road district.
2    If the early voting polling place does not have the correct
3ballot form for a person seeking to vote early, the election
4judge or election official conducting early voting at that
5polling place shall inform the person of that fact, give the
6person the appropriate telephone number of the election
7authority in order to locate an early voting polling place with
8the correct ballot form for use in that person's assigned
9precinct, and instruct the person to go to the proper early
10voting polling place to vote early.
11    (c) During each general primary and general election, each
12election authority in a county with a population over 250,000
13shall establish at least one permanent polling place for early
14voting by personal appearance at a location within each of the
153 largest municipalities within its jurisdiction. If any of the
163 largest municipalities is over 80,000, the election authority
17shall establish at least 2 permanent polling places within the
18municipality. All population figures shall be determined by the
19federal census.
20    (d) During each general primary and general election, each
21board of election commissioners established under Article 6 of
22this Code in any city, village, or incorporated town with a
23population over 100,000 shall establish at least 2 permanent
24polling places for early voting by personal appearance. All
25population figures shall be determined by the federal census.
26    (e) During each general primary and general election, each

 

 

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1election authority in a county with a population of over
2100,000 but under 250,000 persons shall establish at least one
3permanent polling place for early voting by personal
4appearance. The location for early voting may be the election
5authority's main office or another location designated by the
6election authority. The election authority may designate
7additional sites for early voting by personal appearance. All
8population figures shall be determined by the federal census.
9    (f) No permanent polling place required by this Section
10shall be located within 1.5 miles from another permanent
11polling place required by this Section, unless such permanent
12polling place is within a municipality with a population of
13500,000 or more.
14(Source: P.A. 98-691, eff. 7-1-14.)
 
15    (10 ILCS 5/19A-15)
16    Sec. 19A-15. Period for early voting; hours.
17    (a) The period for early voting by personal appearance
18begins the 40th 15th day preceding a general primary,
19consolidated primary, consolidated, or general election and
20extends through the end of the 3rd day before election day,
21except that for the 2014 general election the period for early
22voting by personal appearance shall extend through the 2nd day
23before election day.
24    (b) Except as otherwise provided by this Section, a
25permanent polling place for early voting must remain open

 

 

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1beginning the 15th day before an election through the end of
2the day before election day during the hours of 8:30 a.m. to
34:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
4beginning 8 days before election day, a permanent polling place
5for early voting must remain open during the hours of 8:30 a.m.
6to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 a.m. to 12:00
7p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00
8p.m. to 3:00 p.m. on Sundays; except that, in addition to the
9hours required by this subsection, a permanent early voting
10polling place designated by an election authority under
11subsections subsection (c), (d), and (e) of Section 19A-10 must
12remain open for a total of at least 8 hours on any holiday
13during the early voting period and a total of at least 14 hours
14on the final weekend during the early voting period. For the
152014 general election, a permanent polling place for early
16voting must remain open during the hours of 8:30 a.m. to 4:30
17p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that
18beginning 8 days before election day, a permanent polling place
19for early voting must remain open during the hours of 8:30 a.m.
20to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general
21election, a permanent polling place for early voting shall
22remain open during the hours of 9:00 a.m. to 12:00 p.m. on
23Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that,
24in addition to the hours required by this subsection (b), a
25permanent early voting place designated by an election
26authority under subsection (c) of Section 19A-10 must remain

 

 

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1open for a total of at least 14 hours on the final weekend
2during the early voting period.
3    (c) Notwithstanding subsection subsections (a) and (b), an
4election authority may close an early voting polling place if
5the building in which the polling place is located has been
6closed by the State or unit of local government in response to
7a severe weather emergency or other force majeure. In the event
8of a closure, the election authority shall conduct early voting
9on the 2nd day before election day from 8:30 a.m. to 4:30 p.m.
10or 9:00 a.m. to 5:00 p.m. The election authority shall notify
11the State Board of Elections of any closure and shall make
12reasonable efforts to provide notice to the public of an
13alternative location for early voting the extended early voting
14period.
15    (d) (Blank). Notwithstanding subsections (a) and (b), in
162013 only, an election authority may close an early voting
17place on Good Friday, Holy Saturday, and Easter Sunday,
18provided that the early voting place remains open 2 hours later
19on April 3, 4, and 5 of 2013. The election authority shall
20notify the State Board of Elections of any closure and shall
21provide notice to the public of the closure and the extended
22hours during the final week.
23(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
24eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
25    (10 ILCS 5/19A-25)

 

 

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1    Sec. 19A-25. Schedule of locations and times for early
2voting.
3    (a) The election authority shall publish during the week
4before the period for early voting and at least once each week
5during the period for early voting in a newspaper of general
6circulation in the election authority's jurisdiction a
7schedule stating:
8        (1) the location of each permanent and temporary
9    polling place for early voting and the precincts served by
10    each location; and
11        (2) the dates and hours that early voting will be
12    conducted at each location.
13    (b) The election authority shall post a copy of the
14schedule at any office or other location that is to be used as
15a polling place for early voting. The schedule must be posted
16continuously for a period beginning not later than the 10th 5th
17day before the first day of the period for early voting by
18personal appearance and ending on the last day of that period.
19    (c) The election authority must make copies of the schedule
20available to the public in reasonable quantities without charge
21during the period of posting.
22    (d) If the election authority maintains a website, it shall
23make the schedule available on its website.
24    (e) No additional permanent polling places for early voting
25may be established after the schedule is published under this
26Section. Additional temporary locations may be established

 

 

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1after the schedule is published, provided that the location is
2open to all eligible voters. The location, dates, and hours
3shall be reported to the State Board of Elections and posted on
4the election authority's website.
5    (f) At least 10 days before the period for early voting
6begins, each election authority shall provide the State Board
7of Elections with a list of all early voting sites and the
8hours each site will be open.
9(Source: P.A. 94-645, eff. 8-22-05.)
 
10    (10 ILCS 5/19A-35)
11    Sec. 19A-35. Procedure for voting.
12    (a) Not more than 23 days before the start of the election,
13the county clerk shall make available to the election official
14conducting early voting by personal appearance a sufficient
15number of early ballots, envelopes, and printed voting
16instruction slips for the use of early voters. The election
17official shall receipt for all ballots received and shall
18return unused or spoiled ballots at the close of the early
19voting period to the county clerk and must strictly account for
20all ballots received. The ballots delivered to the election
21official must include early ballots for each precinct in the
22election authority's jurisdiction and must include separate
23ballots for each political subdivision conducting an election
24of officers or a referendum at that election.
25    (b) In conducting early voting under this Article, the

 

 

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1election judge or official is required to verify the signature
2of the early voter by comparison with the signature on the
3official registration card, and the judge or official must
4verify (i) (i) the identity of the applicant, (ii) that the
5applicant is a registered voter, (ii) (iii) the precinct in
6which the applicant is registered, and (iii) (iv) the proper
7ballots of the political subdivision in which the applicant
8resides and is entitled to vote before providing an early
9ballot to the applicant. Except for during the 2014 general
10election, the applicant's identity must be verified by the
11applicant's presentation of an Illinois driver's license, a
12non-driver identification card issued by the Illinois
13Secretary of State, a photo identification card issued by a
14university or college, or another government-issued
15identification document containing the applicant's photograph.
16The election judge or official must verify the applicant's
17registration from the most recent poll list provided by the
18election authority, and if the applicant is not listed on that
19poll list, by telephoning the office of the election authority.
20    (b-5) A person requesting an early voting ballot to whom a
21vote by mail an absentee ballot was issued may vote early if
22the person submits that vote by mail absentee ballot to the
23judges of election or official conducting early voting for
24cancellation. If the voter is unable to submit the vote by mail
25absentee ballot, it shall be sufficient for the voter to submit
26to the judges or official (i) a portion of the vote by mail

 

 

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1absentee ballot if the vote by mail absentee ballot was torn or
2mutilated or (ii) an affidavit executed before the judges or
3official specifying that (A) the voter never received a vote by
4mail an absentee ballot or (B) the voter completed and returned
5a vote by mail an absentee ballot and was informed that the
6election authority did not receive that vote by mail absentee
7ballot.
8    (b-10) Within one day after a voter casts an early voting
9ballot, the election authority shall transmit the voter's name,
10street address, and precinct, ward, township, and district
11numbers, as the case may be, to the State Board of Elections,
12which shall maintain those names and that information in an
13electronic format on its website, arranged by county and
14accessible to State and local political committees.
15    (b-15) Immediately after voting an early ballot, the voter
16shall be instructed whether the voting equipment accepted or
17rejected the ballot or identified that ballot as under-voted
18for a statewide constitutional office. A voter whose ballot is
19identified as under-voted may return to the voting booth and
20complete the voting of that ballot. A voter whose early voting
21ballot is not accepted by the voting equipment may, upon
22surrendering the ballot, request and vote another early voting
23ballot. The voter's surrendered ballot shall be initialed by
24the election judge or official conducting the early voting and
25handled as provided in the appropriate Article governing the
26voting equipment used.

 

 

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1    (c) The sealed early ballots in their carrier envelope
2shall be delivered by the election authority to the central
3ballot counting location before the close of the polls on the
4day of the election.
5(Source: P.A. 98-691, eff. 7-1-14.)
 
6    (10 ILCS 5/19A-75)
7    Sec. 19A-75. Early voting in jurisdictions using Direct
8Recording Electronic Voting Systems under Article 24C.
9Election authorities that have adopted for use Direct Recording
10Electronic Voting Systems under Article 24C may either use
11those voting systems to conduct early voting or, so long as at
12least one Direct Recording Electronic Voting System device is
13available at each early voting polling place, use whatever
14method the election authority uses for vote by mail absentee
15balloting conducted by mail; provided that no early ballots are
16counted before the polls close on election day.
17(Source: P.A. 94-645, eff. 8-22-05.)
 
18    (10 ILCS 5/20-1)  (from Ch. 46, par. 20-1)
19    Sec. 20-1. The following words and phrases contained in
20this Article shall be construed as follows:
21    1. "Territorial limits of the United States" means each of
22the several States of the United States and includes the
23District of Columbia, the Commonwealth of Puerto Rico, Guam and
24the Virgin Islands; but does not include American Samoa, the

 

 

09800SB0172ham002- 214 -LRB098 04408 MGM 62714 a

1Canal Zone, the Trust Territory of the Pacific Islands or any
2other territory or possession of the United States.
3    2. "Member of the United States Service" means (a) members
4of the Armed Forces while on active duty and their spouses and
5dependents of voting age when residing with or accompanying
6them, (b) members of the Merchant Marine of the United States
7and their spouses and dependents when residing with or
8accompanying them and (c) United States government employees
9serving outside the territorial limits of the United States.
10    3. "Citizens of the United States temporarily residing
11outside the territorial limits of the United States" means
12civilian citizens of the United States and their spouses and
13dependents of voting age when residing with or accompanying
14them, who maintain a precinct residence in a county in this
15State and whose intent to return may be ascertained.
16    4. "Non-Resident Civilian Citizens" means civilian
17citizens of the United States (a) who reside outside the
18territorial limits of the United States, (b) who had maintained
19a precinct residence in a county in this State immediately
20prior to their departure from the United States, (c) who do not
21maintain a residence and are not registered to vote in any
22other State, and (d) whose intent to return to this State may
23be uncertain.
24    5. "Official postcard" means the postcard application for
25