Rep. Jay C. Hoffman
Filed: 4/18/2007
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1 | AMENDMENT TO HOUSE BILL 2670
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2 | AMENDMENT NO. ______. Amend House Bill 2670 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 4-50, 5-50, 6-100, 19-8, 19A-35, 19A-75, and 20-8 as | ||||||
6 | follows: | ||||||
7 | (10 ILCS 5/4-50) | ||||||
8 | Sec. 4-50. Grace period. Notwithstanding any other | ||||||
9 | provision of this
Code to the contrary, each election authority | ||||||
10 | shall
establish procedures for the registration of voters and | ||||||
11 | for change of address during the period from the close of
| ||||||
12 | registration for a primary or election and until the 14th day | ||||||
13 | before the
primary or election. During this grace period, an | ||||||
14 | unregistered qualified
elector may
register to vote, and a | ||||||
15 | registered voter may submit a change of address form, in person | ||||||
16 | in the office of the election
authority or at a voter |
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1 | registration location specifically designated for this
purpose | ||||||
2 | by the election authority. The election authority shall
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3 | register that individual, or change a registered voter's | ||||||
4 | address, in the same manner as otherwise provided by this | ||||||
5 | Article for registration and change of address. | ||||||
6 | If a voter who registers or changes address during this | ||||||
7 | grace period wishes to vote at the first election or primary | ||||||
8 | occurring after the grace period, he or she must do so by grace | ||||||
9 | period voting, either in person in the office of the election | ||||||
10 | authority or at a location specifically designated for this | ||||||
11 | purpose by the election authority, or by mail, at the | ||||||
12 | discretion of the election authority. Grace period voting shall | ||||||
13 | be in a manner substantially similar to voting under Article | ||||||
14 | 19. | ||||||
15 | Within one day after a voter casts a grace period ballot, | ||||||
16 | the election authority shall transmit the voter's name, street | ||||||
17 | address, and precinct, ward, township, and district numbers, as | ||||||
18 | the case may be, to the State Board of Elections, which shall | ||||||
19 | maintain those names and that information in an electronic | ||||||
20 | format on its website, arranged by county and accessible to | ||||||
21 | State and local political committees. The name of each person | ||||||
22 | issued a grace period ballot shall also be placed on the | ||||||
23 | appropriate precinct list of persons to whom absentee and early | ||||||
24 | ballots have been issued, for use as provided in Sections 17-9 | ||||||
25 | and 18-5. | ||||||
26 | A person who casts a grace period ballot shall not be |
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1 | permitted to revoke that ballot and vote another ballot with | ||||||
2 | respect to that primary or election. Ballots cast by persons | ||||||
3 | who register or change address during the grace period must be | ||||||
4 | transmitted to and counted at the election authority's central | ||||||
5 | ballot counting location , at the same time provided in | ||||||
6 | subsections (b) and (f) of Section 19-8 for the counting of | ||||||
7 | absentee ballots, and shall not be transmitted to and counted | ||||||
8 | at precinct polling places.
The grace period ballots determined | ||||||
9 | to be valid shall be added to the vote totals for the precincts | ||||||
10 | for which they were cast in the order in which the ballots were | ||||||
11 | opened.
At least one day before the election, the election | ||||||
12 | authority shall provide the appropriate county central | ||||||
13 | committee chairperson of each established political party with | ||||||
14 | written notice of the time and location of the counting of | ||||||
15 | grace period ballots.
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16 | If the election authority begins the counting of absentee | ||||||
17 | ballots before the close of the polls on election day, then the | ||||||
18 | election authority shall begin the counting of grace period | ||||||
19 | ballots at the same time before the close of the polls on | ||||||
20 | election day and the authorization of pollwatchers at the | ||||||
21 | counting of absentee ballots before the close of the polls on | ||||||
22 | election day under subsection (h) of Section 19-8 shall apply | ||||||
23 | to the counting of grace period ballots before the close of the | ||||||
24 | polls on election day (but shall not increase the number of | ||||||
25 | pollwatchers authorized by subsection (h) of Section 19-8). | ||||||
26 | Results of grace period voting may be made public in accordance |
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1 | with the provisions of this Code but in no event earlier than | ||||||
2 | the close of the polls on election day.
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3 | (Source: P.A. 93-1082, eff. 7-1-05; 94-1000, eff. 7-3-06.) | ||||||
4 | (10 ILCS 5/5-50) | ||||||
5 | Sec. 5-50. Grace period. Notwithstanding any other | ||||||
6 | provision of this
Code to the contrary, each election authority | ||||||
7 | shall
establish procedures for the registration of voters and | ||||||
8 | for change of address during the period from the close of
| ||||||
9 | registration for a primary or election and until the 14th day | ||||||
10 | before the
primary or election. During this grace period, an | ||||||
11 | unregistered qualified
elector may
register to vote, and a | ||||||
12 | registered voter may submit a change of address form, in person | ||||||
13 | in the office of the election
authority or at a voter | ||||||
14 | registration location specifically designated for this
purpose | ||||||
15 | by the election authority. The election authority shall
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16 | register that individual, or change a registered voter's | ||||||
17 | address, in the same manner as otherwise provided by this | ||||||
18 | Article for registration and change of address. | ||||||
19 |
If a voter who registers or changes address during this | ||||||
20 | grace period wishes to vote at the first election or primary | ||||||
21 | occurring after the grace period, he or she must do so by grace | ||||||
22 | period voting, either in person in the office of the election | ||||||
23 | authority or at a location specifically designated for this | ||||||
24 | purpose by the election authority, or by mail, at the | ||||||
25 | discretion of the election authority. Grace period voting shall |
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1 | be in a manner substantially similar to voting under Article | ||||||
2 | 19. | ||||||
3 | Within one day after a voter casts a grace period ballot, | ||||||
4 | the election authority shall transmit the voter's name, street | ||||||
5 | address, and precinct, ward, township, and district numbers, as | ||||||
6 | the case may be, to the State Board of Elections, which shall | ||||||
7 | maintain those names and that information in an electronic | ||||||
8 | format on its website, arranged by county and accessible to | ||||||
9 | State and local political committees. The name of each person | ||||||
10 | issued a grace period ballot shall also be placed on the | ||||||
11 | appropriate precinct list of persons to whom absentee and early | ||||||
12 | ballots have been issued, for use as provided in Sections 17-9 | ||||||
13 | and 18-5. | ||||||
14 | A person who casts a grace period ballot shall not be | ||||||
15 | permitted to revoke that ballot and vote another ballot with | ||||||
16 | respect to that primary or election. Ballots cast by persons | ||||||
17 | who register or change address during the grace period must be | ||||||
18 | transmitted to and counted at the election authority's central | ||||||
19 | ballot counting location , at the same time provided in | ||||||
20 | subsections (b) and (f) of Section 19-8 for the counting of | ||||||
21 | absentee ballots, and shall not be transmitted to and counted | ||||||
22 | at precinct polling places. The grace period ballots determined | ||||||
23 | to be valid shall be added to the vote totals for the precincts | ||||||
24 | for which they were cast in the order in which the ballots were | ||||||
25 | opened.
At least one day before the election, the election | ||||||
26 | authority shall provide the appropriate county central |
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1 | committee chairperson of each established political party with | ||||||
2 | written notice of the time and location of the counting of | ||||||
3 | grace period ballots.
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4 | If the election authority begins the counting of absentee | ||||||
5 | ballots before the close of the polls on election day, then the | ||||||
6 | election authority shall begin the counting of grace period | ||||||
7 | ballots at the same time before the close of the polls on | ||||||
8 | election day and the authorization of pollwatchers at the | ||||||
9 | counting of absentee ballots before the close of the polls on | ||||||
10 | election day under subsection (h) of Section 19-8 shall apply | ||||||
11 | to the counting of grace period ballots before the close of the | ||||||
12 | polls on election day (but shall not increase the number of | ||||||
13 | pollwatchers authorized by subsection (h) of Section 19-8). | ||||||
14 | Results of grace period voting may be made public in accordance | ||||||
15 | with the provisions of this Code but in no event earlier than | ||||||
16 | the close of the polls on election day.
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17 | (Source: P.A. 93-1082, eff. 7-1-05; 94-1000, eff. 7-3-06.) | ||||||
18 | (10 ILCS 5/6-100) | ||||||
19 | Sec. 6-100. Grace period. Notwithstanding any other | ||||||
20 | provision of this
Code to the contrary, each election authority | ||||||
21 | shall
establish procedures for the registration of voters and | ||||||
22 | for change of address during the period from the close of
| ||||||
23 | registration for a primary or election and until the 14th day | ||||||
24 | before the
primary or election. During this grace period, an | ||||||
25 | unregistered qualified
elector may
register to vote, and a |
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1 | registered voter may submit a change of address form, in person | ||||||
2 | in the office of the election
authority or at a voter | ||||||
3 | registration location specifically designated for this
purpose | ||||||
4 | by the election authority. The election authority shall
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5 | register that individual, or change a registered voter's | ||||||
6 | address, in the same manner as otherwise provided by this | ||||||
7 | Article for registration and change of address. | ||||||
8 | If a voter who registers or changes address during this | ||||||
9 | grace period wishes to vote at the first election or primary | ||||||
10 | occurring after the grace period, he or she must do so by grace | ||||||
11 | period voting, either in person in the office of the election | ||||||
12 | authority or at a location specifically designated for this | ||||||
13 | purpose by the election authority, or by mail, at the | ||||||
14 | discretion of the election authority. Grace period voting shall | ||||||
15 | be in a manner substantially similar to voting under Article | ||||||
16 | 19. | ||||||
17 | Within one day after a voter casts a grace period ballot, | ||||||
18 | the election authority shall transmit the voter's name, street | ||||||
19 | address, and precinct, ward, township, and district numbers, as | ||||||
20 | the case may be, to the State Board of Elections, which shall | ||||||
21 | maintain those names and that information in an electronic | ||||||
22 | format on its website, arranged by county and accessible to | ||||||
23 | State and local political committees. The name of each person | ||||||
24 | issued a grace period ballot shall also be placed on the | ||||||
25 | appropriate precinct list of persons to whom absentee and early | ||||||
26 | ballots have been issued, for use as provided in Sections 17-9 |
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1 | and 18-5. | ||||||
2 | A person who casts a grace period ballot shall not be | ||||||
3 | permitted to revoke that ballot and vote another ballot with | ||||||
4 | respect to that primary or election. Ballots cast by persons | ||||||
5 | who register or change address during the grace period must be | ||||||
6 | transmitted to and counted at the election authority's central | ||||||
7 | ballot counting location , at the same time provided in | ||||||
8 | subsections (b) and (f) of Section 19-8 for the counting of | ||||||
9 | absentee ballots, and shall not be transmitted to and counted | ||||||
10 | at precinct polling places. The grace period ballots determined | ||||||
11 | to be valid shall be added to the vote totals for the precincts | ||||||
12 | for which they were cast in the order in which the ballots were | ||||||
13 | opened.
At least one day before the election, the election | ||||||
14 | authority shall provide the appropriate county central | ||||||
15 | committee chairperson of each established political party with | ||||||
16 | written notice of the time and location of the counting of | ||||||
17 | grace period ballots.
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18 | If the election authority begins the counting of absentee | ||||||
19 | ballots before the close of the polls on election day, then the | ||||||
20 | election authority shall begin the counting of grace period | ||||||
21 | ballots at the same time before the close of the polls on | ||||||
22 | election day and the authorization of pollwatchers at the | ||||||
23 | counting of absentee ballots before the close of the polls on | ||||||
24 | election day under subsection (h) of Section 19-8 shall apply | ||||||
25 | to the counting of grace period ballots before the close of the | ||||||
26 | polls on election day (but shall not increase the number of |
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1 | pollwatchers authorized by subsection (h) of Section 19-8). | ||||||
2 | Results of grace period voting may be made public in accordance | ||||||
3 | with the provisions of this Code but in no event earlier than | ||||||
4 | the close of the polls on election day.
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5 | (Source: P.A. 93-1082, eff. 7-1-05; 94-1000, eff. 7-3-06.)
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6 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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7 | Sec. 19-8. Time and place of counting ballots. | ||||||
8 | (a) (Blank.) | ||||||
9 | (b) Each absent voter's ballot returned to an election | ||||||
10 | authority, by any means authorized by this Article, and | ||||||
11 | received by that election authority before the closing of the | ||||||
12 | polls on election day shall be endorsed by the receiving | ||||||
13 | election authority with the day and hour of receipt and shall | ||||||
14 | be counted in the central ballot counting location of the | ||||||
15 | election authority on the day of the election after 7:00 p.m. , | ||||||
16 | except as provided in subsections (g) and (g-5).
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17 | (c) Each absent voter's ballot that is mailed to an | ||||||
18 | election authority and postmarked by the midnight preceding the | ||||||
19 | opening of the polls on election day, but that is received by | ||||||
20 | the election authority after the polls close on election day | ||||||
21 | and before the close of the period for counting provisional | ||||||
22 | ballots cast at that election, shall be endorsed by the | ||||||
23 | receiving authority with the day and hour of receipt and shall | ||||||
24 | be counted at the central ballot counting location of the | ||||||
25 | election authority during the period for counting provisional |
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1 | ballots. | ||||||
2 | (d) Special write-in absentee voter's blank ballots | ||||||
3 | returned to an election authority, by any means authorized by | ||||||
4 | this Article, and received by the election authority at any | ||||||
5 | time before the closing of the polls on election day shall be | ||||||
6 | endorsed by the receiving election authority with the day and | ||||||
7 | hour of receipt and shall be counted at the central ballot | ||||||
8 | counting location of the election authority during the same | ||||||
9 | period provided for counting absent voters' ballots under | ||||||
10 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
11 | voter's blank ballots that are mailed to an election authority | ||||||
12 | and postmarked by the midnight preceding the opening of the | ||||||
13 | polls on election day, but that are received by the election | ||||||
14 | authority after the polls close on election day and before the | ||||||
15 | closing of the period for counting provisional ballots cast at | ||||||
16 | that election, shall be endorsed by the receiving authority | ||||||
17 | with the day and hour of receipt and shall be counted at the | ||||||
18 | central ballot counting location of the election authority | ||||||
19 | during the same periods provided for counting absent voters' | ||||||
20 | ballots under subsection (c). | ||||||
21 | (e) Except as otherwise provided in this Section, absent | ||||||
22 | voters' ballots and special write-in absentee voter's blank | ||||||
23 | ballots received by the election authority after the closing of | ||||||
24 | the polls on an
election day shall be endorsed by the election | ||||||
25 | authority receiving them
with the day and hour of receipt and | ||||||
26 | shall be safely kept unopened by the
election authority for the |
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1 | period of time required for the preservation of
ballots used at | ||||||
2 | the election, and shall then, without being opened, be
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3 | destroyed in like manner as the used ballots of that election.
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4 | (f) Counting required under this Section to begin on | ||||||
5 | election day after the closing of the polls shall commence no | ||||||
6 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
7 | panels of election judges appointed in the manner provided
by | ||||||
8 | law. The counting shall continue until all absent voters' | ||||||
9 | ballots and special write-in absentee voter's blank ballots | ||||||
10 | required to be counted on election day have been counted. At | ||||||
11 | least one day before the election, the election authority shall | ||||||
12 | provide the appropriate county central committee chairperson | ||||||
13 | of each established political party with written notice of the | ||||||
14 | time and location of the counting of absentee ballots.
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15 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
16 | Code shall apply to all ballots counted under
this Section. In | ||||||
17 | addition, within 2 days after an absentee ballot, other than an | ||||||
18 | in-person absentee ballot, is received, but in all cases before | ||||||
19 | the close of the period for counting provisional ballots, the | ||||||
20 | election judge or official shall compare the voter's signature | ||||||
21 | on the certification envelope of that absentee ballot with the | ||||||
22 | signature of the voter on file in the office of the election | ||||||
23 | authority. If the election judge or official determines that | ||||||
24 | the 2 signatures match, and that the absentee voter is | ||||||
25 | otherwise qualified to cast an absentee ballot, the election | ||||||
26 | authority shall cast and count the ballot on election day or |
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1 | the day the ballot is determined to be valid, whichever is | ||||||
2 | later, adding the results to the precinct in which the voter is | ||||||
3 | registered. If the election judge or official determines that | ||||||
4 | the signatures do not match, or that the absentee voter is not | ||||||
5 | qualified to cast an absentee ballot, then without opening the | ||||||
6 | certification envelope, the judge or official shall mark across | ||||||
7 | the face of the certification envelope the word "Rejected" and | ||||||
8 | shall not cast or count the ballot. | ||||||
9 | In addition to the voter's signatures not matching, an | ||||||
10 | absentee ballot may be rejected by the election judge or | ||||||
11 | official: | ||||||
12 | (1) if the ballot envelope is open or has been opened | ||||||
13 | and resealed; | ||||||
14 | (2) if the voter has already cast an early or grace | ||||||
15 | period ballot; | ||||||
16 | (3) if the voter voted in person on election day or the | ||||||
17 | voter is not a duly registered voter in the precinct; or | ||||||
18 | (4) on any other basis set forth in this Code. | ||||||
19 | If the election judge or official determines that any of | ||||||
20 | these reasons apply, the judge or official shall mark across | ||||||
21 | the face of the certification envelope the word "Rejected" and | ||||||
22 | shall not cast or count the ballot.
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23 | (g-5) If an absentee ballot, other than an in-person | ||||||
24 | absentee ballot, is rejected by the election judge or official | ||||||
25 | for any reason, the election authority shall, within 2 days | ||||||
26 | after the rejection but in all cases before the close of the |
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1 | period for counting provisional ballots, notify the absentee | ||||||
2 | voter that his or her ballot was rejected. The notice shall | ||||||
3 | inform the voter of the reason or reasons the ballot was | ||||||
4 | rejected and shall state that the voter may appear before the | ||||||
5 | election authority, on or before the 14th day after the | ||||||
6 | election, to show cause as to why the ballot should not be | ||||||
7 | rejected. The voter may present evidence to the election | ||||||
8 | authority supporting his or her contention that the ballot | ||||||
9 | should be counted. The election authority shall appoint a panel | ||||||
10 | of 3 election judges to review the contested ballot, | ||||||
11 | application, and certification envelope, as well as any | ||||||
12 | evidence submitted by the absentee voter. No more than 2 | ||||||
13 | election judges on the reviewing panel shall be of the same | ||||||
14 | political party. The reviewing panel of election judges shall | ||||||
15 | make a final determination as to the validity of the contested | ||||||
16 | absentee ballot. The judges' determination shall not be | ||||||
17 | reviewable either administratively or judicially. | ||||||
18 | An absentee ballot subject to this subsection that is | ||||||
19 | determined to be valid shall be counted before the close of the | ||||||
20 | period for counting provisional ballots.
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21 | (g-10) All absentee ballots determined to be valid shall be | ||||||
22 | added to the vote totals for the precincts for which they were | ||||||
23 | cast in the order in which the ballots were opened.
Results of | ||||||
24 | absentee voting may be made public in accordance with the | ||||||
25 | provisions of this Code but in no event earlier than the | ||||||
26 | closing of the polls on election day.
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1 | (h) Each political party, candidate, and qualified civic | ||||||
2 | organization shall be entitled to have present , including at | ||||||
3 | any counting before the close of the polls on election day, one | ||||||
4 | pollwatcher for each panel of election judges therein assigned.
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5 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
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6 | (10 ILCS 5/19A-35)
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7 | Sec. 19A-35. Procedure for voting.
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8 | (a) Not more than 23 days before the start of the election, | ||||||
9 | the county clerk
shall make available to the election official | ||||||
10 | conducting early voting by
personal
appearance a sufficient | ||||||
11 | number of early ballots, envelopes, and printed voting
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12 | instruction slips for the use of early voters. The election | ||||||
13 | official shall
receipt for all ballots received and shall | ||||||
14 | return unused or spoiled ballots at
the close of the early | ||||||
15 | voting period to the county clerk and must strictly
account for | ||||||
16 | all ballots received. The ballots delivered to the election
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17 | official must include early ballots for each precinct in the | ||||||
18 | election
authority's jurisdiction and must include separate | ||||||
19 | ballots for each political
subdivision conducting an election | ||||||
20 | of officers or a referendum at that
election.
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21 | (b) In conducting early voting under this Article, the | ||||||
22 | election judge or official is
required to verify the signature | ||||||
23 | of the early voter by comparison with the
signature on the
| ||||||
24 | official registration card, and the judge or official must | ||||||
25 | verify (i) the identity
of the applicant, (ii) that the |
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1 | applicant is a registered voter, (iii) the
precinct in which | ||||||
2 | the applicant is registered, and (iv) the proper ballots of
the | ||||||
3 | political subdivision in which the applicant resides and is | ||||||
4 | entitled to
vote before providing an early ballot to the | ||||||
5 | applicant. The applicant's identity must be verified by the | ||||||
6 | applicant's presentation of an Illinois driver's license, a | ||||||
7 | non-driver identification card issued by the Illinois | ||||||
8 | Secretary of State, or another government-issued | ||||||
9 | identification document containing the applicant's photograph. | ||||||
10 | The election judge or official
must verify the applicant's | ||||||
11 | registration from the most recent poll list
provided by the
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12 | election authority, and if the applicant is not listed on that | ||||||
13 | poll list, by
telephoning the office of the election authority.
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14 | (b-5) A person requesting an early voting ballot to whom an | ||||||
15 | absentee ballot was issued may vote early if the person submits | ||||||
16 | that absentee ballot to the judges of election or official | ||||||
17 | conducting early voting for cancellation. If the voter is | ||||||
18 | unable to submit the absentee ballot, it shall be sufficient | ||||||
19 | for the voter to submit to the judges or official (i) a portion | ||||||
20 | of the absentee ballot if the absentee ballot was torn or | ||||||
21 | mutilated or (ii) an affidavit executed before the judges or | ||||||
22 | official specifying that (A) the voter never received an | ||||||
23 | absentee ballot or (B) the voter completed and returned an | ||||||
24 | absentee ballot and was informed that the election authority | ||||||
25 | did not receive that absentee ballot. | ||||||
26 | (b-10) Within one day after a voter casts an early voting |
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1 | ballot, the election authority shall transmit the voter's name, | ||||||
2 | street address, and precinct, ward, township, and district | ||||||
3 | numbers, as the case may be, to the State Board of Elections, | ||||||
4 | which shall maintain those names and that information in an | ||||||
5 | electronic format on its website, arranged by county and | ||||||
6 | accessible to State and local political committees. | ||||||
7 | (b-15) This subsection applies to early voting polling | ||||||
8 | places using optical scan technology voting equipment subject | ||||||
9 | to Article 24B. Immediately after voting an early ballot, the | ||||||
10 | voter shall be instructed whether the voting equipment accepted | ||||||
11 | or rejected the ballot. A voter whose early voting ballot is | ||||||
12 | not accepted by the voting equipment may, upon surrendering the | ||||||
13 | ballot, request and vote another early voting ballot. The | ||||||
14 | voter's ballot that was not accepted shall be initialed by the | ||||||
15 | election judge or official conducting the early voting and | ||||||
16 | handled as provided in Article 24B.
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17 | (c) The sealed early ballots in their carrier envelope | ||||||
18 | shall be delivered by
the election authority to the central | ||||||
19 | ballot counting location before the close of the
polls on the | ||||||
20 | day of the election ; except that if the election authority | ||||||
21 | begins the counting of absentee ballots before the close of the | ||||||
22 | polls on election day, then the election authority must begin | ||||||
23 | counting early voting ballots at the same time before the close | ||||||
24 | of the polls on election day and (i) the early voting ballots | ||||||
25 | must be delivered to the central ballot counting location in | ||||||
26 | sufficient time for the commencement of counting and (ii) the |
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1 | authorization of pollwatchers at the counting of absentee | ||||||
2 | ballots before the close of the polls on election day under | ||||||
3 | subsection (h) of Section 19-8 shall apply to the counting of | ||||||
4 | early voting ballots before the close of the polls on election | ||||||
5 | day (but shall not increase the number of pollwatchers | ||||||
6 | authorized by subsection (h) of Section 19-8). At least one day | ||||||
7 | before the election, the election authority shall provide the | ||||||
8 | appropriate county central committee chairperson of each | ||||||
9 | established political party with written notice of the time and | ||||||
10 | location of the counting of early voting ballots. Results of | ||||||
11 | early voting nay be made public in accordance with the | ||||||
12 | provisions of this Code but in no event earlier than the close | ||||||
13 | of the polls on election day .
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14 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.) | ||||||
15 | (10 ILCS 5/19A-75)
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16 | Sec. 19A-75. Early voting in jurisdictions using Direct | ||||||
17 | Recording Electronic Voting Systems under Article 24C. | ||||||
18 | Election authorities that have adopted for use Direct Recording | ||||||
19 | Electronic Voting Systems under Article 24C may either use | ||||||
20 | those voting systems to conduct early voting or, so long as at | ||||||
21 | least one Direct Recording Electronic Voting System device is | ||||||
22 | available at each early voting polling place, use whatever | ||||||
23 | method the election authority uses for absentee balloting | ||||||
24 | conducted by mail; provided that no early ballots are counted | ||||||
25 | before the polls close on election day.
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1 | (Source: P.A. 94-645, eff. 8-22-05.)
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2 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
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3 | Sec. 20-8. Time and place of counting ballots. | ||||||
4 | (a) (Blank.) | ||||||
5 | (b) Each absent voter's ballot returned to an election | ||||||
6 | authority, by any means authorized by this Article, and | ||||||
7 | received by that election authority before the closing of the | ||||||
8 | polls on election day shall be endorsed by the receiving | ||||||
9 | election authority with the day and hour of receipt and shall | ||||||
10 | be counted in the central ballot counting location of the | ||||||
11 | election authority on the day of the election after 7:00 p.m. , | ||||||
12 | except as provided in subsections (g) and (g-5).
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13 | (c) Each absent voter's ballot that is mailed to an | ||||||
14 | election authority and postmarked by the midnight preceding the | ||||||
15 | opening of the polls on election day, but that is received by | ||||||
16 | the election authority after the polls close on election day | ||||||
17 | and before the close of the period for counting provisional | ||||||
18 | ballots cast at that election, shall be endorsed by the | ||||||
19 | receiving authority with the day and hour of receipt and shall | ||||||
20 | be counted at the central ballot counting location of the | ||||||
21 | election authority during the period for counting provisional | ||||||
22 | ballots. | ||||||
23 | (d) Special write-in absentee voter's blank ballots | ||||||
24 | returned to an election authority, by any means authorized by | ||||||
25 | this Article, and received by the election authority at any |
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1 | time before the closing of the polls on election day shall be | ||||||
2 | endorsed by the receiving election authority with the day and | ||||||
3 | hour of receipt and shall be counted at the central ballot | ||||||
4 | counting location of the election authority during the same | ||||||
5 | period provided for counting absent voters' ballots under | ||||||
6 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
7 | voter's blank ballot that are mailed to an election authority | ||||||
8 | and postmarked by midnight preceding the opening of the polls | ||||||
9 | on election day, but that are received by the election | ||||||
10 | authority after the polls close on election day and before the | ||||||
11 | closing of the period for counting provisional ballots cast at | ||||||
12 | that election, shall be endorsed by the receiving authority | ||||||
13 | with the day and hour of receipt and shall be counted at the | ||||||
14 | central ballot counting location of the election authority | ||||||
15 | during the same periods provided for counting absent voters' | ||||||
16 | ballots under subsection (c).
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17 | (e) Except as otherwise provided in this Section, absent | ||||||
18 | voters' ballots and special write-in absentee voter's blank | ||||||
19 | ballots received by the election authority after the closing of | ||||||
20 | the polls on the day of election shall be
endorsed by the | ||||||
21 | person receiving the ballots with the day and hour of
receipt | ||||||
22 | and shall be safely kept unopened by the election authority for
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23 | the period of time required for the preservation of ballots | ||||||
24 | used at the
election, and shall then, without being opened, be | ||||||
25 | destroyed in like
manner as the used ballots of that election.
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26 | (f) Counting required under this Section to begin on |
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1 | election day after the closing of the polls shall commence no | ||||||
2 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
3 | panels of election judges appointed in the manner provided
by | ||||||
4 | law. The counting shall continue until all absent voters' | ||||||
5 | ballots and special write-in absentee voter's blank ballots | ||||||
6 | required to be counted on election day have been counted. At | ||||||
7 | least one day before the election, the election authority shall | ||||||
8 | provide the appropriate county central committee chairperson | ||||||
9 | of each established political party with written notice of the | ||||||
10 | time and location of the counting of absentee ballots.
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11 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
12 | Code shall apply to all ballots counted under
this Section. In | ||||||
13 | addition, within 2 days after a ballot subject to this Article | ||||||
14 | is received, but in all cases before the close of the period | ||||||
15 | for counting provisional ballots, the election judge or | ||||||
16 | official shall compare the voter's signature on the | ||||||
17 | certification envelope of that ballot with the signature of the | ||||||
18 | voter on file in the office of the election authority. If the | ||||||
19 | election judge or official determines that the 2 signatures | ||||||
20 | match, and that the voter is otherwise qualified to cast a | ||||||
21 | ballot under this Article, the election authority shall cast | ||||||
22 | and count the ballot on election day or the day the ballot is | ||||||
23 | determined to be valid, whichever is later, adding the results | ||||||
24 | to the precinct in which the voter is registered. If the | ||||||
25 | election judge or official determines that the signatures do | ||||||
26 | not match, or that the voter is not qualified to cast a ballot |
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1 | under this Article, then without opening the certification | ||||||
2 | envelope, the judge or official shall mark across the face of | ||||||
3 | the certification envelope the word "Rejected" and shall not | ||||||
4 | cast or count the ballot. | ||||||
5 | In addition to the voter's signatures not matching, a | ||||||
6 | ballot subject to this Article may be rejected by the election | ||||||
7 | judge or official: | ||||||
8 | (1) if the ballot envelope is open or has been opened | ||||||
9 | and resealed; | ||||||
10 | (2) if the voter has already cast an early or grace | ||||||
11 | period ballot; | ||||||
12 | (3) if the voter voted in person on election day or the | ||||||
13 | voter is not a duly registered voter in the precinct; or | ||||||
14 | (4) on any other basis set forth in this Code. | ||||||
15 | If the election judge or official determines that any of | ||||||
16 | these reasons apply, the judge or official shall mark across | ||||||
17 | the face of the certification envelope the word "Rejected" and | ||||||
18 | shall not cast or count the ballot. | ||||||
19 | (g-5) If a ballot subject to this Article is rejected by | ||||||
20 | the election judge or official for any reason, the election | ||||||
21 | authority shall, within 2 days after the rejection but in all | ||||||
22 | cases before the close of the period for counting provisional | ||||||
23 | ballots, notify the voter that his or her ballot was rejected. | ||||||
24 | The notice shall inform the voter of the reason or reasons the | ||||||
25 | ballot was rejected and shall state that the voter may appear | ||||||
26 | before the election authority, on or before the 14th day after |
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1 | the election, to show cause as to why the ballot should not be | ||||||
2 | rejected. The voter may present evidence to the election | ||||||
3 | authority supporting his or her contention that the ballot | ||||||
4 | should be counted. The election authority shall appoint a panel | ||||||
5 | of 3 election judges to review the contested ballot, | ||||||
6 | application, and certification envelope, as well as any | ||||||
7 | evidence submitted by the absentee voter. No more than 2 | ||||||
8 | election judges on the reviewing panel shall be of the same | ||||||
9 | political party. The reviewing panel of election judges shall | ||||||
10 | make a final determination as to the validity of the contested | ||||||
11 | ballot. The judges' determination shall not be reviewable | ||||||
12 | either administratively or judicially. | ||||||
13 | A ballot subject to this subsection that is determined to | ||||||
14 | be valid shall be counted before the close of the period for | ||||||
15 | counting provisional ballots. | ||||||
16 | (g-10) All ballots determined to be valid shall be added to | ||||||
17 | the vote totals for the precincts for which they were cast in | ||||||
18 | the order in which the ballots were opened.
Results of absentee | ||||||
19 | voting may be made public in accordance with the provisions of | ||||||
20 | this Code but in no event earlier than the closing of the polls | ||||||
21 | on election day.
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22 | (h) Each political party,
candidate, and qualified civic | ||||||
23 | organization shall be entitled to have
present , including at | ||||||
24 | any counting before the close of the polls on election day, one | ||||||
25 | pollwatcher for each panel of election judges therein assigned.
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26 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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