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92_HB4898ham001
LRB9213724REdvam01
1 AMENDMENT TO HOUSE BILL 4898
2 AMENDMENT NO. . Amend House Bill 4898 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Election Code is amended by adding
5 Section 1A-20 as follows:
6 (10 ILCS 5/1A-20 new)
7 Sec. 1A-20. Provisional ballots.
8 (a) Notwithstanding any other provision of this Code to
9 the contrary, the State Board of Elections shall adopt and
10 election authorities shall implement procedures for the
11 casting and counting of provisional ballots at any election
12 in accordance with this Section.
13 (b) A person claiming to be entitled to vote but whose
14 registration cannot be verified at the polling place shall be
15 given a provisional ballot. After the person has marked or
16 otherwise cast the provisional ballot, the provisional ballot
17 shall be placed in an envelope that indicates its provisional
18 status and shall be kept separately from non-provisional
19 ballots. If the election authority cannot verify the person's
20 valid registration through comparison of the signature on the
21 provisional ballot request with the signature on his or her
22 registration application, the provisional ballot shall not be
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1 counted. If the election authority verifies the person's
2 valid registration through comparison of the signature on the
3 provisional ballot request with the signature on his or her
4 registration application, the provisional ballot shall be
5 counted.
6 (c) Attempted verification of the person's valid
7 registration must be timely and efficient. Judges at the
8 polling place may be required to make a good faith effort to
9 contact the election authority for verification at the
10 person's request, and the election authority may be required
11 to make a good faith effort to attempt verification before
12 the provisional ballot has been cast. Once a provisional
13 ballot is cast, the election authority must review all
14 provisional ballot applications and make timely and good
15 faith efforts to verify the registration in order to include
16 all verified and validated provisional ballot votes in the
17 official abstract of votes and canvass of ballots. If the
18 person's signature on his or her provisional ballot request
19 varies from the signature on an otherwise valid registration
20 application solely because of the substitution of initials
21 for the first or middle name, the election authority may not
22 reject the provisional ballot as that of an unqualified
23 voter.
24 (d) A provisional ballot may be requested by a person
25 who has been provided an absentee ballot but who is unable to
26 surrender to the election judge his or her uncast ballot. The
27 provisional ballot shall not be counted if the absentee
28 ballot has been cast.
29 (e) An election authority must give notice to any person
30 who cast a provisional ballot that was not counted if the
31 reason the ballot was not counted was the person's lack of
32 valid registration. The notice must explain the steps
33 necessary for the person to properly register.
34 (f) To the extent possible, the rules adopted under this
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1 Section must apply to provisional ballots this Code's
2 procedures for handling and counting other types of ballots,
3 including the use of electronic voting systems.
4 (g) Notwithstanding any statutory provisions to the
5 contrary, those officials charged with making abstracts of
6 votes shall complete the abstracts within 14 days after any
7 election where provisional ballots have been cast.".