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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||||||||||||
5 | Sections 17-9, 18-5, and 18A-5 and by adding Sections 4-110, | ||||||||||||||||||||||||||||||||||
6 | 5-110, and 6-110 as follows: | ||||||||||||||||||||||||||||||||||
7 | (10 ILCS 5/4-110 new)
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8 | Sec. 4-110. Voter identification card. Each election | ||||||||||||||||||||||||||||||||||
9 | authority shall issue a voter identification card to each | ||||||||||||||||||||||||||||||||||
10 | registered voter in its jurisdiction who cannot afford to | ||||||||||||||||||||||||||||||||||
11 | obtain another form of photo identification card required for | ||||||||||||||||||||||||||||||||||
12 | presentation at the polling place under Sections 17-9 and 18-5. | ||||||||||||||||||||||||||||||||||
13 | The card shall include at least (i) the voter's name, | ||||||||||||||||||||||||||||||||||
14 | signature, and photograph, (ii) the name and seal of the | ||||||||||||||||||||||||||||||||||
15 | issuing election authority, and (iii) an expiration date | ||||||||||||||||||||||||||||||||||
16 | determined by rule of the election authority. | ||||||||||||||||||||||||||||||||||
17 | (10 ILCS 5/5-110 new)
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18 | Sec. 5-110. Voter identification card. Each election | ||||||||||||||||||||||||||||||||||
19 | authority shall issue a voter identification card to each | ||||||||||||||||||||||||||||||||||
20 | registered voter in its jurisdiction who cannot afford to | ||||||||||||||||||||||||||||||||||
21 | obtain another form of photo identification card required for | ||||||||||||||||||||||||||||||||||
22 | presentation at the polling place under Sections 17-9 and 18-5. |
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1 | The card shall include at least (i) the voter's name, | ||||||
2 | signature, and photograph, (ii) the name and seal of the | ||||||
3 | issuing election authority, and (iii) an expiration date. | ||||||
4 | (10 ILCS 5/6-110 new)
| ||||||
5 | Sec. 6-110. Voter identification card. Each election | ||||||
6 | authority shall issue a voter identification card to each | ||||||
7 | registered voter in its jurisdiction who cannot afford to | ||||||
8 | obtain another form of photo identification card required for | ||||||
9 | presentation at the polling place under Sections 17-9 and 18-5. | ||||||
10 | The card shall include at least (i) the voter's name, | ||||||
11 | signature, and photograph, (ii) the name and seal of the | ||||||
12 | issuing election authority, and (iii) an expiration date. | ||||||
13 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | ||||||
14 | Sec. 17-9. Any person desiring to vote shall (i) present to | ||||||
15 | the judges of election for verification of the person's | ||||||
16 | identity his or her Illinois driver's license, his or her | ||||||
17 | non-driver identification card issued by the Illinois | ||||||
18 | Secretary of State, his or her voter identification card, or | ||||||
19 | another government-issued identification document containing | ||||||
20 | his or her photograph and (ii) give his name and, if
required | ||||||
21 | to do so, his residence to the judges of election, one of whom
| ||||||
22 | shall thereupon announce the same in a loud and distinct tone | ||||||
23 | of voice,
clear, and audible; the judges of elections shall | ||||||
24 | check each application
for ballot against the list of voters |
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1 | registered in that precinct to
whom grace period, absentee,
or | ||||||
2 | early
ballots have been issued for that election, which shall | ||||||
3 | be
provided by the election authority and which list shall be | ||||||
4 | available for
inspection by pollwatchers. A voter applying to | ||||||
5 | vote in the
precinct on election day whose name appears on the | ||||||
6 | list as having
been issued a grace period, absentee,
or early
| ||||||
7 | ballot shall not be permitted to vote in the
precinct, except | ||||||
8 | that a voter to whom an absentee ballot was issued may vote in | ||||||
9 | the precinct if the voter submits to the election judges that | ||||||
10 | absentee ballot for cancellation. If the voter is unable to | ||||||
11 | submit the absentee ballot, it shall be sufficient for the | ||||||
12 | voter to submit to the election judges (i) a portion of the | ||||||
13 | absentee ballot if the absentee ballot was torn or mutilated or | ||||||
14 | (ii) an affidavit executed before the election judges | ||||||
15 | specifying that (A) the voter never received an absentee ballot | ||||||
16 | or (B) the voter completed and returned an absentee ballot and | ||||||
17 | was informed that the election authority did not receive that | ||||||
18 | absentee ballot. All applicable provisions of Articles
4, 5 or | ||||||
19 | 6 shall be complied with and if such name is found on the | ||||||
20 | register of
voters by the
officer having charge thereof, he | ||||||
21 | shall likewise repeat said name, and
the voter shall be allowed | ||||||
22 | to enter within the proximity of the voting
booths, as above | ||||||
23 | provided. One of the judges shall give the voter one,
and only | ||||||
24 | one of each ballot to be voted at the election, on the back of
| ||||||
25 | which ballots such judge shall indorse his initials in such | ||||||
26 | manner that
they may be seen when each such ballot is properly |
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1 | folded, and the
voter's name shall be immediately checked on | ||||||
2 | the register list. In those
election jurisdictions where | ||||||
3 | perforated ballot cards are utilized of the
type on which | ||||||
4 | write-in votes can be cast above the perforation, the election
| ||||||
5 | authority shall provide a space both above and below the | ||||||
6 | perforation for
the judge's initials, and the judge shall | ||||||
7 | endorse his or her initials in
both spaces. Whenever
a proposal | ||||||
8 | for a constitutional amendment or for the calling of a
| ||||||
9 | constitutional convention is to be voted upon at the election, | ||||||
10 | the
separate blue ballot or ballots pertaining thereto shall, | ||||||
11 | when being
handed to the voter, be placed on top of the other | ||||||
12 | ballots to be voted
at the election in such manner that the | ||||||
13 | legend appearing on the back
thereof, as prescribed in Section | ||||||
14 | 16-6 of this Act, shall be plainly
visible to the voter. At all | ||||||
15 | elections, when a registry may be
required, if the name of any | ||||||
16 | person so desiring to vote at such election
is not found on the | ||||||
17 | register of voters, he or she shall not receive a ballot
until | ||||||
18 | he or she shall have complied with the law prescribing the | ||||||
19 | manner and
conditions of voting by unregistered voters. If any | ||||||
20 | person desiring to
vote at any election shall be challenged, he | ||||||
21 | or she shall not receive a ballot
until he or she shall have | ||||||
22 | established his right to vote in the manner provided
| ||||||
23 | hereinafter; and if he or she shall be challenged after he has | ||||||
24 | received his
ballot, he shall not be permitted to vote until he | ||||||
25 | or she has fully complied
with such requirements of the law | ||||||
26 | upon being challenged. Besides the
election officer, not more |
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1 | than 2 voters in excess of the whole number
of voting booths | ||||||
2 | provided shall be allowed within the proximity of the voting
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3 | booths at one
time. The provisions of this Act, so far as they | ||||||
4 | require the
registration of voters as a condition to their | ||||||
5 | being allowed to vote
shall not apply to persons otherwise | ||||||
6 | entitled to vote, who are, at the
time of the election, or at | ||||||
7 | any time within 60 days prior to such
election have been | ||||||
8 | engaged in the military or naval service of the
United States, | ||||||
9 | and who appear personally at the polling place on
election day | ||||||
10 | and produce to the judges of election satisfactory evidence
| ||||||
11 | thereof, but such persons, if otherwise qualified to vote, | ||||||
12 | shall be
permitted to vote at such election without previous | ||||||
13 | registration.
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14 | All such persons shall also make an affidavit which shall | ||||||
15 | be in
substantially the following form:
| ||||||
16 | State of Illinois,)
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17 | ) ss.
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18 | County of ........)
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19 | ............... Precinct .......... Ward
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20 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
21 | of the
United States, of the age of 18 years or over, and that | ||||||
22 | within the past
60 days prior to the date of this election at | ||||||
23 | which I am applying to
vote, I have been engaged in the .... | ||||||
24 | (military or naval) service of the
United States; and I am | ||||||
25 | qualified to vote under and by virtue of the
Constitution and | ||||||
26 | laws of the State of Illinois, and that I am a legally
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1 | qualified voter of this precinct and ward except that I have, | ||||||
2 | because of
such service, been unable to register as a voter; | ||||||
3 | that I now reside at
.... (insert street and number, if any) in | ||||||
4 | this precinct and ward; that I
have maintained a legal | ||||||
5 | residence in this precinct and ward for 30 days
and in this | ||||||
6 | State 30 days next preceding this election.
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7 | .........................
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8 | Subscribed and sworn to before me on (insert date).
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9 | .........................
| ||||||
10 | Judge of Election.
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11 | The affidavit of any such person shall be supported by the | ||||||
12 | affidavit
of a resident and qualified voter of any such | ||||||
13 | precinct and ward, which
affidavit shall be in substantially | ||||||
14 | the following form:
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15 | State of Illinois,)
| ||||||
16 | ) ss.
| ||||||
17 | County of ........)
| ||||||
18 | ........... Precinct ........... Ward
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19 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
20 | resident of this
precinct and ward and entitled to vote at this | ||||||
21 | election; that I am
acquainted with .... (name of the | ||||||
22 | applicant); that I verily believe him
to be an actual bona fide | ||||||
23 | resident of this precinct and ward and that I
verily believe | ||||||
24 | that he or she has maintained a legal residence therein 30 days
| ||||||
25 | and in this State 30 days next preceding this election.
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1 | .........................
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2 | Subscribed and sworn to before me on (insert date).
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3 | .........................
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4 | Judge of Election.
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5 | All affidavits made under the provisions of this Section | ||||||
6 | shall be
enclosed in a separate envelope securely sealed, and | ||||||
7 | shall be
transmitted with the returns of the elections to the | ||||||
8 | county clerk or to
the board of election commissioners, who | ||||||
9 | shall preserve the said
affidavits for the period of 6 months, | ||||||
10 | during which period such
affidavits shall be deemed public | ||||||
11 | records and shall be freely open to
examination as such.
| ||||||
12 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| ||||||
13 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) | ||||||
14 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
15 | found upon
the register of voters by the person having charge | ||||||
16 | thereof, (i) present to the judges of election for verification | ||||||
17 | of the person's identity his or her Illinois driver's license, | ||||||
18 | his or her non-driver identification card issued by the | ||||||
19 | Illinois Secretary of State, his or her voter identification | ||||||
20 | card, or another government-issued identification document | ||||||
21 | containing his or her photograph, (ii) shall then
be questioned | ||||||
22 | by one of the judges as to his nativity, his term of
residence | ||||||
23 | at present address, precinct, State and United States, his
age, | ||||||
24 | whether naturalized and if so the date of naturalization papers |
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1 | and
court from which secured, and he shall be asked to state | ||||||
2 | his residence
when last previously registered and the date of | ||||||
3 | the election for which
he then registered. The judges of | ||||||
4 | elections shall check each application
for ballot against the | ||||||
5 | list of voters registered in that precinct to whom
grace | ||||||
6 | period, absentee, and early ballots have been issued for that | ||||||
7 | election, which shall
be provided
by the election authority and | ||||||
8 | which list shall be available for inspection
by pollwatchers. A | ||||||
9 | voter applying to vote in
the precinct on
election day whose | ||||||
10 | name appears on the list as having been issued a grace period, | ||||||
11 | absentee,
or early ballot shall not be permitted to vote in the | ||||||
12 | precinct, except that a voter to whom an absentee ballot was | ||||||
13 | issued may vote in the precinct if the voter submits to the | ||||||
14 | election judges that absentee ballot for cancellation. If the | ||||||
15 | voter is unable to submit the absentee ballot, it shall be | ||||||
16 | sufficient for the voter to submit to the election judges (i) a | ||||||
17 | portion of the absentee ballot if the absentee ballot was torn | ||||||
18 | or mutilated or (ii) an affidavit executed before the election | ||||||
19 | judges specifying that (A) the voter never received an absentee | ||||||
20 | ballot or (B) the voter completed and returned an absentee | ||||||
21 | ballot and was informed that the election authority did not | ||||||
22 | receive that absentee ballot.
If such person
so registered | ||||||
23 | shall be challenged as disqualified, the party challenging
| ||||||
24 | shall assign his reasons therefor, and thereupon one of the | ||||||
25 | judges shall
administer to him an oath to answer questions, and | ||||||
26 | if he shall take the
oath he shall then be questioned by the |
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1 | judge or judges touching such cause
of challenge, and touching | ||||||
2 | any other cause of disqualification. And he may
also be | ||||||
3 | questioned by the person challenging him in regard to his
| ||||||
4 | qualifications and identity. But if a majority of the judges | ||||||
5 | are of the
opinion that he is the person so registered and a | ||||||
6 | qualified voter, his vote
shall then be received accordingly. | ||||||
7 | But if his vote be rejected by such
judges, such person may | ||||||
8 | afterward produce and deliver an affidavit to such
judges, | ||||||
9 | subscribed and sworn to by him before one of the judges, in | ||||||
10 | which
it shall be stated how long he has resided in such | ||||||
11 | precinct, and state;
that he is a citizen of the United States, | ||||||
12 | and is a duly qualified voter in
such precinct, and that he is | ||||||
13 | the identical person so registered.
In addition to such an | ||||||
14 | affidavit, the person so challenged shall provide
to the judges | ||||||
15 | of election proof of residence by producing 2 forms of
| ||||||
16 | identification showing the person's current residence address, | ||||||
17 | provided
that such identification to the person at his current | ||||||
18 | residence address and
postmarked not earlier than 30 days prior | ||||||
19 | to the date of the
election, or the person shall procure a | ||||||
20 | witness personally known to the
judges of election, and | ||||||
21 | resident in the precinct (or district), or who
shall be proved | ||||||
22 | by some legal voter of such precinct or district, known to
the | ||||||
23 | judges to be such, who shall take the oath following, viz:
| ||||||
24 | I do solemnly swear (or affirm) that I am a resident of | ||||||
25 | this election
precinct (or district), and entitled to vote at | ||||||
26 | this election, and that I
have been a resident of this State |
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1 | for 30 days last past, and am well
acquainted with the person | ||||||
2 | whose vote is now offered; that he is an actual
and bona fide | ||||||
3 | resident of this election precinct (or district), and has
| ||||||
4 | resided herein 30 days, and as I verily believe, in this State, | ||||||
5 | 30 days
next preceding this election.
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6 | The oath in each case may be administered by one of the | ||||||
7 | judges of
election, or by any officer, resident in the precinct | ||||||
8 | or district,
authorized by law to administer oaths. Also | ||||||
9 | supported by an affidavit by a
registered voter residing in | ||||||
10 | such precinct, stating his own residence, and
that he knows | ||||||
11 | such person; and that he does reside at the place mentioned
and | ||||||
12 | has resided in such precinct and state for the length of time | ||||||
13 | as stated
by such person, which shall be subscribed and sworn | ||||||
14 | to in the same way.
Whereupon the vote of such person shall be | ||||||
15 | received, and entered as other
votes. But such judges, having | ||||||
16 | charge of such registers, shall state in
their respective books | ||||||
17 | the facts in such case, and the affidavits, so
delivered to the | ||||||
18 | judges, shall be preserved and returned to the office of
the | ||||||
19 | commissioners of election. Blank affidavits of the character | ||||||
20 | aforesaid
shall be sent out to the judges of all the precincts, | ||||||
21 | and the judges of
election shall furnish the same on demand and | ||||||
22 | administer the oaths without
criticism. Such oaths, if | ||||||
23 | administered by any other officer than such judge
of election, | ||||||
24 | shall not be received. Whenever a proposal for a
constitutional | ||||||
25 | amendment or for the calling of a constitutional convention
is | ||||||
26 | to be voted upon at the election, the separate blue ballot or |
| |||||||
| |||||||
1 | ballots
pertaining thereto shall be placed on top of the other | ||||||
2 | ballots to be voted
at the election in such manner that the | ||||||
3 | legend appearing on the back
thereof, as prescribed in Section | ||||||
4 | 16-6 of this Act, shall be plainly
visible to the voter, and in | ||||||
5 | this fashion the ballots shall be handed to
the voter by the | ||||||
6 | judge.
| ||||||
7 | The voter shall, upon quitting the voting booth, deliver to | ||||||
8 | one of
the judges of election all of the ballots, properly | ||||||
9 | folded, which he
received. The judge of election to whom the | ||||||
10 | voter delivers his ballots
shall not accept the same unless all | ||||||
11 | of the ballots given to the voter
are returned by him. If a | ||||||
12 | voter delivers less than all of the ballots
given to him, the | ||||||
13 | judge to whom the same are offered shall advise him in
a voice | ||||||
14 | clearly audible to the other judges of election that the voter
| ||||||
15 | must return the remainder of the ballots. The statement of the | ||||||
16 | judge to
the voter shall clearly express the fact that the | ||||||
17 | voter is not required
to vote such remaining ballots but that | ||||||
18 | whether or not he votes them he
must fold and deliver them to | ||||||
19 | the judge. In making such statement the
judge of election shall | ||||||
20 | not indicate by word, gesture or intonation of
voice that the | ||||||
21 | unreturned ballots shall be voted in any particular
manner. No | ||||||
22 | new voter shall be permitted to enter the voting booth of a
| ||||||
23 | voter who has failed to deliver the total number of ballots | ||||||
24 | received by
him until such voter has returned to the voting | ||||||
25 | booth pursuant to the
judge's request and again quit the booth | ||||||
26 | with all of the ballots
required to be returned by him. Upon |
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| |||||||
1 | receipt of all such ballots the
judges of election shall enter | ||||||
2 | the name of the voter, and his number, as
above provided in | ||||||
3 | this Section, and the judge to whom the ballots are
delivered | ||||||
4 | shall immediately put the ballots into the ballot box. If any
| ||||||
5 | voter who has failed to deliver all the ballots received by him | ||||||
6 | refuses
to return to the voting booth after being advised by | ||||||
7 | the judge of
election as herein provided, the judge shall | ||||||
8 | inform the other judges of
such refusal, and thereupon the | ||||||
9 | ballot or ballots returned to the judge
shall be deposited in | ||||||
10 | the ballot box, the voter shall be permitted to
depart from the | ||||||
11 | polling place, and a new voter shall be permitted to
enter the | ||||||
12 | voting booth.
| ||||||
13 | The judge of election who receives the ballot or ballots | ||||||
14 | from the
voter shall announce the residence and name of such | ||||||
15 | voter in a loud
voice. The judge shall put the ballot or | ||||||
16 | ballots received from the voter
into the ballot box in the | ||||||
17 | presence of the voter and the judges of
election, and in plain | ||||||
18 | view of the public. The judges having charge of
such registers | ||||||
19 | shall then, in a column prepared thereon, in the same
line of, | ||||||
20 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
21 | No judge of election shall accept from any voter less than | ||||||
22 | the full
number of ballots received by such voter without first | ||||||
23 | advising the
voter in the manner above provided of the | ||||||
24 | necessity of returning all of
the ballots, nor shall any such | ||||||
25 | judge advise such voter in a manner
contrary to that which is | ||||||
26 | herein permitted, or in any other manner
violate the provisions |
| |||||||
| |||||||
1 | of this Section; provided, that the acceptance by
a judge of | ||||||
2 | election of less than the full number of ballots delivered to
a | ||||||
3 | voter who refuses to return to the voting booth after being | ||||||
4 | properly
advised by such judge shall not be a violation of this | ||||||
5 | Section.
| ||||||
6 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| ||||||
7 | (10 ILCS 5/18A-5)
| ||||||
8 | Sec. 18A-5. Provisional voting; general provisions.
| ||||||
9 | (a) A person who claims to be a registered voter is | ||||||
10 | entitled to cast a
provisional ballot under the following | ||||||
11 | circumstances:
| ||||||
12 | (1) The person's name does not appear on the official | ||||||
13 | list of eligible
voters for the precinct in which
the | ||||||
14 | person seeks to vote. The official list is the centralized | ||||||
15 | statewide voter registration list established and | ||||||
16 | maintained in accordance with Section 1A-25;
| ||||||
17 | (2) The person's voting status has been challenged by | ||||||
18 | an election judge, a
pollwatcher, or any legal voter and | ||||||
19 | that challenge has been sustained by a
majority of the | ||||||
20 | election judges;
| ||||||
21 | (3) A federal or State court order extends the time for | ||||||
22 | closing the polls
beyond the time period established by | ||||||
23 | State law and the person votes during the
extended time | ||||||
24 | period; or
| ||||||
25 | (4) The voter registered to vote by mail and is |
| |||||||
| |||||||
1 | required by law to
present identification when voting | ||||||
2 | either in person or , in the case of a voter who registered | ||||||
3 | by mail, when voting by absentee ballot, but
fails to do | ||||||
4 | so.
| ||||||
5 | (b) The procedure for obtaining and casting a provisional | ||||||
6 | ballot at the
polling place
shall be as follows:
| ||||||
7 | (1) After first verifying through an examination of the | ||||||
8 | precinct register that the person's address is within the | ||||||
9 | precinct boundaries, an election judge at the polling place | ||||||
10 | shall notify a person who is
entitled to cast a provisional | ||||||
11 | ballot pursuant to subsection (a)
that he or she may cast a | ||||||
12 | provisional ballot in that election.
An election judge
must | ||||||
13 | accept any information provided by a person who casts a | ||||||
14 | provisional ballot
that the person believes supports his or | ||||||
15 | her claim that he or she is a duly
registered voter and | ||||||
16 | qualified to vote in the election. However, if the person's | ||||||
17 | residence address is outside the precinct boundaries, the | ||||||
18 | election judge shall inform the person of that fact, give | ||||||
19 | the person the appropriate telephone number of the election | ||||||
20 | authority in order to locate the polling place assigned to | ||||||
21 | serve that address, and instruct the person to go to the | ||||||
22 | proper polling place to vote.
| ||||||
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 that is available:
| ||||||
26 | (i) an affidavit stating the following:
|
| |||||||
| |||||||
1 | State of Illinois, County of ................, | ||||||
2 | Township
.............,
Precinct ........, Ward | ||||||
3 | ........, I, ......................., do solemnly
| ||||||
4 | swear (or affirm) that: I am a citizen of the United | ||||||
5 | States; I am 18 years of
age or older; I have resided | ||||||
6 | in this State and in this precinct for 30 days
| ||||||
7 | preceding this election; I have not voted in this | ||||||
8 | election; I am a duly
registered voter in every | ||||||
9 | respect; and I am eligible to vote in this election.
| ||||||
10 | Signature ...... Printed Name of Voter ....... Printed | ||||||
11 | Residence
Address of Voter ...... City
...... State | ||||||
12 | .... Zip Code ..... Telephone Number ...... Date of | ||||||
13 | Birth .......
and Illinois Driver's License Number | ||||||
14 | ....... or Last 4 digits of Social
Security
Number | ||||||
15 | ...... or State Identification Card
Number issued to | ||||||
16 | you by the Illinois Secretary of State........
| ||||||
17 | (ii) A box for the election judge to check one of the 3 | ||||||
18 | reasons why the
person was given a provisional ballot under | ||||||
19 | subsection (a) of Section 18A-5.
| ||||||
20 | (iii) An area for the election judge to affix his or | ||||||
21 | her signature and to
set forth any facts that support or | ||||||
22 | oppose the allegation that the person is
not qualified to | ||||||
23 | vote in the precinct in which the person is seeking to | ||||||
24 | vote.
| ||||||
25 | The written affidavit form described in this subsection | ||||||
26 | (b)(2) must be
printed on a multi-part form prescribed by the |
| |||||||
| |||||||
1 | county clerk or board of
election commissioners, as the case | ||||||
2 | may be.
| ||||||
3 | (3) After the person executes the portion of the written | ||||||
4 | affidavit described
in subsection (b)(2)(i) of this Section, | ||||||
5 | the election judge shall complete the
portion of the written | ||||||
6 | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| ||||||
7 | (4) The election judge shall give a copy of the completed | ||||||
8 | written affidavit
to the person. The election judge shall place | ||||||
9 | the original written affidavit in
a self-adhesive clear plastic | ||||||
10 | packing list envelope that must be attached to a
separate | ||||||
11 | envelope marked as a "provisional ballot envelope". The | ||||||
12 | election judge
shall also place any information provided by the | ||||||
13 | person who casts a provisional
ballot in the clear plastic | ||||||
14 | packing list envelope. Each county clerk or board
of election | ||||||
15 | commissioners, as the case may be,
must design, obtain or | ||||||
16 | procure self-adhesive clear plastic packing list
envelopes and | ||||||
17 | provisional ballot envelopes that are suitable for | ||||||
18 | implementing
this subsection (b)(4) of this Section.
| ||||||
19 | (5) The election judge shall provide the person with a | ||||||
20 | provisional ballot,
written instructions for casting a | ||||||
21 | provisional ballot, and the provisional
ballot envelope with | ||||||
22 | the clear plastic packing list envelope affixed to it,
which | ||||||
23 | contains the person's original written affidavit and, if any, | ||||||
24 | information
provided by the provisional voter to support his or | ||||||
25 | her claim that he or she is
a duly registered voter. An | ||||||
26 | election judge must also give the person written
information |
| |||||||
| |||||||
1 | that states that any person who casts a provisional ballot | ||||||
2 | shall be
able to ascertain, pursuant to guidelines established | ||||||
3 | by the State Board of
Elections, whether the provisional vote | ||||||
4 | was counted in the official canvass of
votes for that election | ||||||
5 | and, if the provisional vote was not counted, the
reason that | ||||||
6 | the vote 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 the | ||||||
10 | envelope, and return the envelope to an election judge, who
| ||||||
11 | shall then deposit the sealed provisional ballot envelope into | ||||||
12 | a securable
container separately identified and utilized for | ||||||
13 | containing sealed provisional
ballot envelopes. Ballots that | ||||||
14 | are provisional because they are cast after 7:00 p.m. by court
| ||||||
15 | order shall be kept separate from other provisional ballots. | ||||||
16 | Upon the closing of the polls, the securable container shall
be
| ||||||
17 | sealed with filament tape provided for that purpose, which | ||||||
18 | shall be wrapped
around the box lengthwise and crosswise, at | ||||||
19 | least twice each way, and each of
the election judges shall | ||||||
20 | sign the seal.
| ||||||
21 | (c) Instead of the affidavit form described in subsection | ||||||
22 | (b), the county
clerk or board of election commissioners, as | ||||||
23 | the case may be, may design and
use a multi-part affidavit form | ||||||
24 | that is imprinted upon or attached to the
provisional ballot | ||||||
25 | envelope described in subsection (b). If a county clerk or
| ||||||
26 | board of election commissioners elects to design and use its |
| |||||||
| |||||||
1 | own multi-part
affidavit form, then the county clerk or board | ||||||
2 | of election commissioners shall
establish a mechanism for | ||||||
3 | accepting any information the provisional voter has
supplied to | ||||||
4 | the election judge to support his or her claim that he or she | ||||||
5 | is a
duly registered voter. In all other respects, a county | ||||||
6 | clerk or board of
election commissioners shall establish | ||||||
7 | procedures consistent with subsection
(b).
| ||||||
8 | (d) The county clerk or board of election commissioners, as | ||||||
9 | the case may be,
shall use the completed affidavit form | ||||||
10 | described in subsection (b) to update
the person's voter | ||||||
11 | registration information in the State voter registration
| ||||||
12 | database and voter registration database of the county clerk or | ||||||
13 | board of
election commissioners, as the case may be. If a | ||||||
14 | person is later determined not
to be a registered voter based | ||||||
15 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
16 | processed by the county clerk or board of election
| ||||||
17 | commissioners, as the case may be, as a voter registration | ||||||
18 | application.
| ||||||
19 | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; | ||||||
20 | 94-645, eff. 8-22-05.)
|