Sen. William R. Haine
Filed: 11/17/2004
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1 | AMENDMENT TO HOUSE BILL 640
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2 | AMENDMENT NO. ______. Amend House Bill 640 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by adding Section | ||||||
5 | 1A-25 and changing Section 18A-5 as follows: | ||||||
6 | (10 ILCS 5/1A-25 new) | ||||||
7 | Sec. 1A-25. Centralized statewide voter registration list. | ||||||
8 | The centralized statewide voter registration list required by | ||||||
9 | Title III, Subtitle A, Section 303 of the Help America Vote Act | ||||||
10 | of 2002 shall be created and maintained by the State Board of | ||||||
11 | Elections as provided in this Section. | ||||||
12 | (1) The centralized statewide voter registration list | ||||||
13 | shall be compiled from the voter registration data bases of | ||||||
14 | each election authority in this State.
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15 | (2) All new voter registration forms and applications | ||||||
16 | to register to vote shall be transmitted to the appropriate | ||||||
17 | election authority. The election authority shall process | ||||||
18 | and verify each voter registration form and electronically | ||||||
19 | enter verified registrations on an expedited basis onto the | ||||||
20 | statewide voter registration list. All original | ||||||
21 | registration cards shall remain permanently in the office | ||||||
22 | of the election authority as required by Sections 4-20, | ||||||
23 | 5-28, and 6-65.
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24 | (3) The centralized statewide voter registration list |
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1 | shall:
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2 | (i) Be designed to allow election authorities to | ||||||
3 | utilize the registration data on the statewide voter | ||||||
4 | registration list pertinent to voters registered in | ||||||
5 | their election jurisdiction on locally maintained | ||||||
6 | software programs that are unique to each | ||||||
7 | jurisdiction.
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8 | (ii) Allow each election authority to perform | ||||||
9 | essential election management functions, including but | ||||||
10 | not limited to production of voter lists, processing of | ||||||
11 | absentee voters, production of individual, pre-printed | ||||||
12 | applications to vote, administration of election | ||||||
13 | judges, and polling place administration, but shall | ||||||
14 | not prevent any election authority from using | ||||||
15 | information from that election authority's own | ||||||
16 | systems.
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17 | (4) The registration information maintained by each | ||||||
18 | election authority shall at all times be synchronized with | ||||||
19 | that authority's information on the statewide list on a | ||||||
20 | constant, real-time basis.
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21 | To protect the privacy and confidentiality of voter | ||||||
22 | registration information, the disclosure of any portion of the | ||||||
23 | centralized statewide voter registration list to any person or | ||||||
24 | entity other than to a State or local political committee and | ||||||
25 | other than to a governmental entity for a governmental purpose | ||||||
26 | is specifically prohibited.
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27 | (10 ILCS 5/18A-5)
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28 | Sec. 18A-5. Provisional voting; general provisions.
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29 | (a) A person who claims to be a registered voter is | ||||||
30 | entitled to cast a
provisional ballot under the following | ||||||
31 | circumstances:
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32 | (1) The person's name does not appear on the official | ||||||
33 | list of eligible
voters , whether a list of active or |
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1 | inactive voters, for the precinct in which
the person seeks | ||||||
2 | to vote . The official list is the centralized statewide | ||||||
3 | voter registration list established and maintained in | ||||||
4 | accordance with Section 1A-25 ;
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5 | (2) The person's voting status has been challenged by | ||||||
6 | an election judge, a
pollwatcher, or any legal voter and | ||||||
7 | that challenge has been sustained by a
majority of the | ||||||
8 | election judges; or
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9 | (3) A federal or State court order extends the time for | ||||||
10 | closing the polls
beyond the time period established by | ||||||
11 | State law and the person votes during the
extended time | ||||||
12 | period.
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13 | (b) The procedure for obtaining and casting a provisional | ||||||
14 | ballot at the
polling place
shall be as follows:
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15 | (1) An election judge at the polling place shall notify | ||||||
16 | a person who is
entitled to cast a provisional ballot | ||||||
17 | pursuant to subsection (a)
that he or she may cast a | ||||||
18 | provisional ballot in that election.
An election judge
must | ||||||
19 | accept any information provided by a person who casts a | ||||||
20 | provisional ballot
that the person believes supports his or | ||||||
21 | her claim that he or she is a duly
registered voter and | ||||||
22 | qualified to vote in the election.
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23 | (2) The person shall execute a written form provided by | ||||||
24 | the
election judge that shall state or contain all of the | ||||||
25 | following:
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26 | (i) an affidavit stating the following:
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27 | State of Illinois, County of ................, | ||||||
28 | Township
.............,
Precinct ........, Ward | ||||||
29 | ........, I, ......................., do solemnly
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30 | swear (or affirm) that: I am a citizen of the United | ||||||
31 | States; I am 18 years of
age or older; I have resided | ||||||
32 | in this State and in this precinct for 30 days
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33 | preceding this election; I have not voted in this | ||||||
34 | election; I am a duly
registered voter in every |
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1 | respect; and I am eligible to vote in this election.
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2 | Signature ...... Printed Name of Voter ....... Printed | ||||||
3 | Residence
Address of Voter ...... City
...... State | ||||||
4 | .... Zip Code ..... Telephone Number ...... Date of | ||||||
5 | Birth .......
and Driver's License Number ....... Last | ||||||
6 | 4 digits of Social
Security
Number ...... or State | ||||||
7 | Identification Card
Number.
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8 | (ii) Written instruction stating the following:
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9 | In order to expedite the verification of your voter | ||||||
10 | registration
status, the .... (insert name of county | ||||||
11 | clerk of board of election
commissioners here) | ||||||
12 | requests that you include your phone number and
both | ||||||
13 | the last four digits of your social security number and | ||||||
14 | your driver's
license number or State Identification | ||||||
15 | Card Number
issued to you by the Secretary of State.
At | ||||||
16 | minimum, you are required to include either (A) your | ||||||
17 | driver's license
number or State Identification Card | ||||||
18 | Number
issued to you by the Secretary of State
or (B) | ||||||
19 | the last
4 digits of your social security number.
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20 | (iii) A box for the election judge to check one of the | ||||||
21 | 3 reasons why the
person was given a provisional ballot | ||||||
22 | under subsection (a) of Section 18A-5.
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23 | (iv) An area for the election judge to affix his or her | ||||||
24 | signature and to
set forth any facts that support or oppose | ||||||
25 | the allegation that the person is
not qualified to vote in | ||||||
26 | the precinct in which the person is seeking to vote.
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27 | The written affidavit form described in this subsection | ||||||
28 | (b)(2) must be
printed on a multi-part form prescribed by the | ||||||
29 | county clerk or board of
election commissioners, as the case | ||||||
30 | may be.
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31 | (3) After the person executes the portion of the written | ||||||
32 | affidavit described
in subsection (b)(2)(i) of this Section, | ||||||
33 | the election judge shall complete the
portion of the written | ||||||
34 | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
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1 | (4) The election judge shall give a copy of the completed | ||||||
2 | written affidavit
to the person. The election judge shall place | ||||||
3 | the original written affidavit in
a self-adhesive clear plastic | ||||||
4 | packing list envelope that must be attached to a
separate | ||||||
5 | envelope marked as a "provisional ballot envelope". The | ||||||
6 | election judge
shall also place any information provided by the | ||||||
7 | person who casts a provisional
ballot in the clear plastic | ||||||
8 | packing list envelope. Each county clerk or board
of election | ||||||
9 | commissioners, as the case may be,
must design, obtain or | ||||||
10 | procure self-adhesive clear plastic packing list
envelopes and | ||||||
11 | provisional ballot envelopes that are suitable for | ||||||
12 | implementing
this subsection (b)(4) of this Section.
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13 | (5) The election judge shall provide the person with a | ||||||
14 | provisional ballot,
written instructions for casting a | ||||||
15 | provisional ballot, and the provisional
ballot envelope with | ||||||
16 | the clear plastic packing list envelope affixed to it,
which | ||||||
17 | contains the person's original written affidavit and, if any, | ||||||
18 | information
provided by the provisional voter to support his or | ||||||
19 | her claim that he or she is
a duly registered voter. An | ||||||
20 | election judge must also give the person written
information | ||||||
21 | that states that any person who casts a provisional ballot | ||||||
22 | shall be
able to ascertain, pursuant to guidelines established | ||||||
23 | by the State Board of
Elections, whether the provisional vote | ||||||
24 | was counted in the official canvass of
votes for that election | ||||||
25 | and, if the provisional vote was not counted, the
reason that | ||||||
26 | the vote was not counted.
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27 | (6) After the person has completed marking his or her | ||||||
28 | provisional ballot, he
or she shall place the marked ballot | ||||||
29 | inside of the provisional ballot envelope,
close and seal the | ||||||
30 | envelope, and return the envelope to an election judge, who
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31 | shall then deposit the sealed provisional ballot envelope into | ||||||
32 | a securable
container separately identified and utilized for | ||||||
33 | containing sealed provisional
ballot envelopes. Upon the | ||||||
34 | closing of the polls, the securable container shall
be
sealed |
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1 | with filament tape provided for that purpose, which shall be | ||||||
2 | wrapped
around the box lengthwise and crosswise, at least twice | ||||||
3 | each way, and each of
the election judges shall sign the seal.
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4 | (c) Instead of the affidavit form described in subsection | ||||||
5 | (b), the county
clerk or board of election commissioners, as | ||||||
6 | the case may be, may design and
use a multi-part affidavit form | ||||||
7 | that is imprinted upon or attached to the
provisional ballot | ||||||
8 | envelope described in subsection (b). If a county clerk or
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9 | board of election commissioners elects to design and use its | ||||||
10 | own multi-part
affidavit form, then the county clerk or board | ||||||
11 | of election commissioners shall
establish a mechanism for | ||||||
12 | accepting any information the provisional voter has
supplied to | ||||||
13 | the election judge to support his or her claim that he or she | ||||||
14 | is a
duly registered voter. In all other respects, a county | ||||||
15 | clerk or board of
election commissioners shall establish | ||||||
16 | procedures consistent with subsection
(b).
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17 | (d) The county clerk or board of election commissioners, as | ||||||
18 | the case may be,
shall use the completed affidavit form | ||||||
19 | described in subsection (b) to update
the person's voter | ||||||
20 | registration information in the State voter registration
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21 | database and voter registration database of the county clerk or | ||||||
22 | board of
election commissioners, as the case may be. If a | ||||||
23 | person is later determined not
to be a registered voter based | ||||||
24 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
25 | processed by the county clerk or board of election
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26 | commissioners, as the case may be, as a voter registration | ||||||
27 | application.
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28 | (Source: P.A. 93-574, eff. 8-21-03.)
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29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law.".
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