(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is found upon
the register of voters by the person having charge thereof, shall then
be questioned by one of the judges as to his nativity, his term of
residence at present address, precinct, State and United States, his
age, whether naturalized and if so the date of naturalization papers and
court from which secured, and he shall be asked to state his residence
when last previously registered and the date of the election for which
he then registered. The judges of elections shall check each application
for ballot against the list of voters registered in that precinct to whom
grace period, vote by mail, and early ballots have been issued for that election, which shall
be provided
by the election authority and which list shall be available for inspection
by pollwatchers. A voter applying to vote in
the precinct on
election day whose name appears on the list as having been issued a grace period, vote by mail,
or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot.
If such person
so registered shall be challenged as disqualified, the party challenging
shall assign his reasons therefor, and thereupon one of the judges shall
administer to him an oath to answer questions, and if he shall take the
oath he shall then be questioned by the judge or judges touching such cause
of challenge, and touching any other cause of disqualification. And he may
also be questioned by the person challenging him in regard to his
qualifications and identity. But if a majority of the judges are of the
opinion that he is the person so registered and a qualified voter, his vote
shall then be received accordingly. But if his vote be rejected by such
judges, such person may afterward produce and deliver an affidavit to such
judges, subscribed and sworn to by him before one of the judges, in which
it shall be stated how long he has resided in such precinct, and state;
that he is a citizen of the United States, and is a duly qualified voter in
such precinct, and that he is the identical person so registered.
In addition to such an affidavit, the person so challenged shall provide
to the judges of election proof of residence by producing 2 forms of
identification showing the person's current residence address, provided
that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the
election, or the person shall procure a witness personally known to the
judges of election, and resident in the precinct (or district), or who
shall be proved by some legal voter of such precinct or district, known to
the judges to be such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of this election
precinct (or district), and entitled to vote at this election, and that I
have been a resident of this State for 30 days last past, and am well
acquainted with the person whose vote is now offered; that he is an actual
and bona fide resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State, 30 days
next preceding this election.
The oath in each case may be administered by one of the judges of
election, or by any officer, resident in the precinct or district,
authorized by law to administer oaths. Also supported by an affidavit by a
registered voter residing in such precinct, stating his own residence, and
that he knows such person; and that he does reside at the place mentioned
and has resided in such precinct and state for the length of time as stated
by such person, which shall be subscribed and sworn to in the same way.
For purposes of this Section, the submission of a photo identification issued by a college or university, accompanied by either (i) a copy of the applicant's contract or lease for a residence or (ii) one piece of mail addressed to the person at his or her current residence address and postmarked not earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Whereupon the vote of such person shall be received, and entered as other
votes. But such judges, having charge of such registers, shall state in
their respective books the facts in such case, and the affidavits, so
delivered to the judges, shall be preserved and returned to the office of
the commissioners of election. Blank affidavits of the character aforesaid
shall be sent out to the judges of all the precincts, and the judges of
election shall furnish the same on demand and administer the oaths without
criticism. Such oaths, if administered by any other officer than such judge
of election, shall not be received. Whenever a proposal for a
constitutional amendment or for the calling of a constitutional convention
is to be voted upon at the election, the separate blue ballot or ballots
pertaining thereto shall be placed on top of the other ballots to be voted
at the election in such manner that the legend appearing on the back
thereof, as prescribed in Section 16-6 of this Act, shall be plainly
visible to the voter, and in this fashion the ballots shall be handed to
the voter by the judge.
Immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted. A voter whose ballot is identified as under-voted for a statewide constitutional office may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment. The voter shall, upon quitting the voting booth, deliver to one of
the judges of election all of the ballots, properly folded, which he
received. The judge of election to whom the voter delivers his ballots
shall not accept the same unless all of the ballots given to the voter
are returned by him. If a voter delivers less than all of the ballots
given to him, the judge to whom the same are offered shall advise him in
a voice clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the judge to
the voter shall clearly express the fact that the voter is not required
to vote such remaining ballots but that whether or not he votes them he
must fold and deliver them to the judge. In making such statement the
judge of election shall not indicate by word, gesture or intonation of
voice that the unreturned ballots shall be voted in any particular
manner. No new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots received by
him until such voter has returned to the voting booth pursuant to the
judge's request and again quit the booth with all of the ballots
required to be returned by him. Upon receipt of all such ballots the
judges of election shall enter the name of the voter, and his number, as
above provided in this Section, and the judge to whom the ballots are
delivered shall immediately put the ballots into the ballot box. If any
voter who has failed to deliver all the ballots received by him refuses
to return to the voting booth after being advised by the judge of
election as herein provided, the judge shall inform the other judges of
such refusal, and thereupon the ballot or ballots returned to the judge
shall be deposited in the ballot box, the voter shall be permitted to
depart from the polling place, and a new voter shall be permitted to
enter the voting booth.
The judge of election who receives the ballot or ballots from the
voter shall announce the residence and name of such voter in a loud
voice. The judge shall put the ballot or ballots received from the voter
into the ballot box in the presence of the voter and the judges of
election, and in plain view of the public. The judges having charge of
such registers shall then, in a column prepared thereon, in the same
line of, the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than the full
number of ballots received by such voter without first advising the
voter in the manner above provided of the necessity of returning all of
the ballots, nor shall any such judge advise such voter in a manner
contrary to that which is herein permitted, or in any other manner
violate the provisions of this Section; provided, that the acceptance by
a judge of election of less than the full number of ballots delivered to
a voter who refuses to return to the voting booth after being properly
advised by such judge shall not be a violation of this Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
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