Rep. David Reis
Filed: 4/16/2008
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1 | AMENDMENT TO HOUSE BILL 4403
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2 | AMENDMENT NO. ______. Amend House Bill 4403, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Election Code is amended by changing | ||||||
6 | Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding | ||||||
7 | Sections 1-11 and 3-6 as follows: | ||||||
8 | (10 ILCS 5/1-11 new)
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9 | Sec. 1-11. Voter Identification Card. | ||||||
10 | (a) Issuance. The Secretary of State shall issue a voter | ||||||
11 | identification card to each registered voter who does not have | ||||||
12 | an acceptable form of photo identification card as defined in | ||||||
13 | Section 3-6. The card shall include at least: (i) the voter's | ||||||
14 | name, signature, and photograph; (ii) the State seal; and (iii) | ||||||
15 | the voter's current residence address. A Voter Identification | ||||||
16 | Card is valid for as long as the registered voter maintains the |
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1 | name and residence on the card. A Voter Identification Card may | ||||||
2 | not be used for any purpose other than to vote in Illinois. | ||||||
3 | (b) Intent and purpose. It is the intent of the General | ||||||
4 | Assembly to provide the Secretary of State with guidance on how | ||||||
5 | to issue the Voter Identification Card to those individuals who | ||||||
6 | do not have an acceptable form of photo identification as | ||||||
7 | defined in Section 3-6. | ||||||
8 | (c) Application for the Voter Identification Card. Within a | ||||||
9 | reasonable time after the effective date of this amendatory Act | ||||||
10 | of the 95th General Assembly, the Secretary of State shall | ||||||
11 | provide application forms for the Voter Identification Card. | ||||||
12 | Any registered voter who meets the criteria set forth in this | ||||||
13 | Section and who provides the proper documentation required | ||||||
14 | under subsection (d) shall receive a Voter Identification Card. | ||||||
15 | (d) Documentation required. The Secretary of State shall | ||||||
16 | require the presentation and verification of the following | ||||||
17 | information for issuance of a Voter Registration Card: | ||||||
18 | (1) A photo identity document, except that a non-photo | ||||||
19 | identity document, as defined in subsection (e), is | ||||||
20 | acceptable if it includes both the applicant's name and | ||||||
21 | date of birth. | ||||||
22 | (2) Documentation showing the applicant's date of | ||||||
23 | birth. | ||||||
24 | (3) Evidence of voter registration. | ||||||
25 | (4) Documentation, as defined in subsection (f), | ||||||
26 | showing the applicant's name and principal residence |
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1 | address. | ||||||
2 | (e) Non-photo identity document. A non-photo identity | ||||||
3 | document must include the applicant's name and date of birth. | ||||||
4 | Any of the following shall constitute a non-photo identity | ||||||
5 | document in lieu of a photo identity document: | ||||||
6 | (1) Original birth certificate or certified copy of a | ||||||
7 | birth certificate. | ||||||
8 | (2) Voter registration card. | ||||||
9 | (3) Copy of records filed in court by the applicant or | ||||||
10 | on behalf of the applicant by the applicant's counsel. | ||||||
11 | (4) Naturalization document. | ||||||
12 | (5) Copy of marriage license. | ||||||
13 | (6) Copy of State or federal tax return filed for the | ||||||
14 | previous calendar year. | ||||||
15 | (7) An original of the annual Social Security statement | ||||||
16 | received by the applicant for the current or preceding | ||||||
17 | calendar year. | ||||||
18 | (8) An original of a Medicare or Medicaid statement | ||||||
19 | received by the applicant. | ||||||
20 | (9) Certified school record or transcript for the | ||||||
21 | current or preceding calendar year. | ||||||
22 | (f) Documentation of name and address. Any of the following | ||||||
23 | documents shall be acceptable as documentation of the | ||||||
24 | applicant's name and current address: | ||||||
25 | (1) Voter registration card. | ||||||
26 | (2) Utility bill or cable bill. |
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1 | (3) Bank statement issued within the last 60 days. | ||||||
2 | (4) Valid and current rental agreements. | ||||||
3 | (5) Copy of State or federal tax return for the | ||||||
4 | previous calendar year. | ||||||
5 | (6) Homeowner's insurance policy or bill for current or | ||||||
6 | preceding year. | ||||||
7 | (7) Mortgage, deed, or property tax bill for current or | ||||||
8 | preceding year. | ||||||
9 | (8) W-2 for preceding calendar year. | ||||||
10 | (g) Exemptions. Voters who are indigent and unable to | ||||||
11 | obtain a Voter Identification Card without a fee and voters who | ||||||
12 | have a religious objection to being photographed may vote a | ||||||
13 | provisional ballot and sign an affidavit that indicates one of | ||||||
14 | the exemptions stated in this subsection. An indigent person is | ||||||
15 | defined as an individual whose income is 125% or less of | ||||||
16 | current federal poverty income guidelines. | ||||||
17 | (10 ILCS 5/3-6 new)
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18 | Sec. 3-6. Acceptable forms of photo identification for | ||||||
19 | voting purposes. As used in this Code, acceptable forms of | ||||||
20 | photo identification for voting purposes include: | ||||||
21 | (1) Illinois Driver's License. | ||||||
22 | (2) State Identification Card. | ||||||
23 | (3) Illinois Disabled Person Identification Card. | ||||||
24 | (4) Senior Citizen Identification Card. | ||||||
25 | (5) FOID Card. |
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1 | (6) U.S. Passport with current address. | ||||||
2 | (7) Any other government-issued identification card | ||||||
3 | that includes name, current photograph, and current | ||||||
4 | address. | ||||||
5 | All photo identification cards must be valid and current. | ||||||
6 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | ||||||
7 | Sec. 17-9. Any person desiring to vote shall (i) present to | ||||||
8 | the judges of election for verification of the person's | ||||||
9 | identity a government-issued photo identification card, as | ||||||
10 | defined in Section 3-6, or his or her Voter Identification Card | ||||||
11 | and (ii) give his name and, if
required to do so, his residence | ||||||
12 | to the judges of election, one of whom
shall thereupon announce | ||||||
13 | the same in a loud and distinct tone of voice,
clear, and | ||||||
14 | audible; the judges of elections shall check each application
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15 | for ballot against the list of voters registered in that | ||||||
16 | precinct to
whom grace period, absentee,
or early
ballots have | ||||||
17 | been issued for that election, which shall be
provided by the | ||||||
18 | election authority and which list shall be available for
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19 | inspection by pollwatchers. A voter applying to vote in the
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20 | precinct on election day whose name appears on the list as | ||||||
21 | having
been issued a grace period, absentee,
or early
ballot | ||||||
22 | shall not be permitted to vote in the
precinct, except that a | ||||||
23 | voter to whom an absentee ballot was issued may vote in the | ||||||
24 | precinct if the voter submits to the election judges that | ||||||
25 | absentee ballot for cancellation. If the voter is unable to |
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1 | submit the absentee ballot, it shall be sufficient for the | ||||||
2 | voter to submit to the election judges (i) a portion of the | ||||||
3 | absentee ballot if the absentee ballot was torn or mutilated or | ||||||
4 | (ii) an affidavit executed before the election judges | ||||||
5 | specifying that (A) the voter never received an absentee ballot | ||||||
6 | or (B) the voter completed and returned an absentee ballot and | ||||||
7 | was informed that the election authority did not receive that | ||||||
8 | absentee ballot. All applicable provisions of Articles
4, 5 or | ||||||
9 | 6 shall be complied with and if such name is found on the | ||||||
10 | register of
voters by the
officer having charge thereof, he | ||||||
11 | shall likewise repeat said name, and
the voter shall be allowed | ||||||
12 | to enter within the proximity of the voting
booths, as above | ||||||
13 | provided. One of the judges shall give the voter one,
and only | ||||||
14 | one of each ballot to be voted at the election, on the back of
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15 | which ballots such judge shall indorse his initials in such | ||||||
16 | manner that
they may be seen when each such ballot is properly | ||||||
17 | folded, and the
voter's name shall be immediately checked on | ||||||
18 | the register list. In those
election jurisdictions where | ||||||
19 | perforated ballot cards are utilized of the
type on which | ||||||
20 | write-in votes can be cast above the perforation, the election
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21 | authority shall provide a space both above and below the | ||||||
22 | perforation for
the judge's initials, and the judge shall | ||||||
23 | endorse his or her initials in
both spaces. Whenever
a proposal | ||||||
24 | for a constitutional amendment or for the calling of a
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25 | constitutional convention is to be voted upon at the election, | ||||||
26 | the
separate blue ballot or ballots pertaining thereto shall, |
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1 | when being
handed to the voter, 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. At all | ||||||
5 | elections, when a registry may be
required, if the name of any | ||||||
6 | person so desiring to vote at such election
is not found on the | ||||||
7 | register of voters, he or she shall not receive a ballot
until | ||||||
8 | he or she shall have complied with the law prescribing the | ||||||
9 | manner and
conditions of voting by unregistered voters. If any | ||||||
10 | person desiring to
vote at any election shall be challenged, he | ||||||
11 | or she shall not receive a ballot
until he or she shall have | ||||||
12 | established his right to vote in the manner provided
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13 | hereinafter; and if he or she shall be challenged after he has | ||||||
14 | received his
ballot, he shall not be permitted to vote until he | ||||||
15 | or she has fully complied
with such requirements of the law | ||||||
16 | upon being challenged. Besides the
election officer, not more | ||||||
17 | than 2 voters in excess of the whole number
of voting booths | ||||||
18 | provided shall be allowed within the proximity of the voting
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19 | booths at one
time. The provisions of this Act, so far as they | ||||||
20 | require the
registration of voters as a condition to their | ||||||
21 | being allowed to vote
shall not apply to persons otherwise | ||||||
22 | entitled to vote, who are, at the
time of the election, or at | ||||||
23 | any time within 60 days prior to such
election have been | ||||||
24 | engaged in the military or naval service of the
United States, | ||||||
25 | and who appear personally at the polling place on
election day | ||||||
26 | and produce to the judges of election satisfactory evidence
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1 | thereof, but such persons, if otherwise qualified to vote, | ||||||
2 | shall be
permitted to vote at such election without previous | ||||||
3 | registration.
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4 | All such persons shall also make an affidavit which shall | ||||||
5 | be in
substantially the following form:
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6 | State of Illinois,)
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7 | ) ss.
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8 | County of ........)
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9 | ............... Precinct .......... Ward
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10 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
11 | of the
United States, of the age of 18 years or over, and that | ||||||
12 | within the past
60 days prior to the date of this election at | ||||||
13 | which I am applying to
vote, I have been engaged in the .... | ||||||
14 | (military or naval) service of the
United States; and I am | ||||||
15 | qualified to vote under and by virtue of the
Constitution and | ||||||
16 | laws of the State of Illinois, and that I am a legally
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17 | qualified voter of this precinct and ward except that I have, | ||||||
18 | because of
such service, been unable to register as a voter; | ||||||
19 | that I now reside at
.... (insert street and number, if any) in | ||||||
20 | this precinct and ward; that I
have maintained a legal | ||||||
21 | residence in this precinct and ward for 30 days
and in this | ||||||
22 | State 30 days next preceding this election.
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23 | .........................
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24 | Subscribed and sworn to before me on (insert date).
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25 | .........................
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26 | Judge of Election.
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1 | The affidavit of any such person shall be supported by the | ||||||
2 | affidavit
of a resident and qualified voter of any such | ||||||
3 | precinct and ward, which
affidavit shall be in substantially | ||||||
4 | the following form:
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5 | State of Illinois,)
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6 | ) ss.
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7 | County of ........)
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8 | ........... Precinct ........... Ward
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9 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
10 | resident of this
precinct and ward and entitled to vote at this | ||||||
11 | election; that I am
acquainted with .... (name of the | ||||||
12 | applicant); that I verily believe him
to be an actual bona fide | ||||||
13 | resident of this precinct and ward and that I
verily believe | ||||||
14 | that he or she has maintained a legal residence therein 30 days
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15 | and in this State 30 days next preceding this election.
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16 | .........................
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17 | Subscribed and sworn to before me on (insert date).
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18 | .........................
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19 | Judge of Election.
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20 | All affidavits made under the provisions of this Section | ||||||
21 | shall be
enclosed in a separate envelope securely sealed, and | ||||||
22 | shall be
transmitted with the returns of the elections to the | ||||||
23 | county clerk or to
the board of election commissioners, who | ||||||
24 | shall preserve the said
affidavits for the period of 6 months, |
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1 | during which period such
affidavits shall be deemed public | ||||||
2 | records and shall be freely open to
examination as such.
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3 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
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4 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) | ||||||
5 | Sec. 18-5. Any person desiring to vote , and whose name is | ||||||
6 | found upon
the register of voters by the person having charge | ||||||
7 | thereof, shall (i) present to the judges of election for | ||||||
8 | verification of the person's identity a government-issued | ||||||
9 | photo identification card, as defined in Section 3-6, or his or | ||||||
10 | her Voter Identification Card, (ii) shall then
be questioned by | ||||||
11 | one of the judges as to his nativity, his term of
residence at | ||||||
12 | present address, precinct, State and United States, his
age, | ||||||
13 | whether naturalized and if so the date of naturalization papers | ||||||
14 | and
court from which secured, and (iii) he shall be asked to | ||||||
15 | state his residence
when last previously registered and the | ||||||
16 | date of the election for which
he then registered. The judges | ||||||
17 | of elections shall check each application
for ballot against | ||||||
18 | the list of voters registered in that precinct to whom
grace | ||||||
19 | period, absentee, and early ballots have been issued for that | ||||||
20 | election, which shall
be provided
by the election authority and | ||||||
21 | which list shall be available for inspection
by pollwatchers. A | ||||||
22 | voter applying to vote in
the precinct on
election day whose | ||||||
23 | name appears on the list as having been issued a grace period, | ||||||
24 | absentee,
or early ballot shall not be permitted to vote in the | ||||||
25 | precinct, except that a voter to whom an absentee ballot was |
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1 | issued may vote in the precinct if the voter submits to the | ||||||
2 | election judges that absentee ballot for cancellation. If the | ||||||
3 | voter is unable to submit the absentee ballot, it shall be | ||||||
4 | sufficient for the voter to submit to the election judges (i) a | ||||||
5 | portion of the absentee ballot if the absentee ballot was torn | ||||||
6 | or mutilated or (ii) an affidavit executed before the election | ||||||
7 | judges specifying that (A) the voter never received an absentee | ||||||
8 | ballot or (B) the voter completed and returned an absentee | ||||||
9 | ballot and was informed that the election authority did not | ||||||
10 | receive that absentee ballot.
If such person
so registered | ||||||
11 | shall be challenged as disqualified, the party challenging
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12 | shall assign his reasons therefor, and thereupon one of the | ||||||
13 | judges shall
administer to him an oath to answer questions, and | ||||||
14 | if he shall take the
oath he shall then be questioned by the | ||||||
15 | judge or judges touching such cause
of challenge, and touching | ||||||
16 | any other cause of disqualification. And he may
also be | ||||||
17 | questioned by the person challenging him in regard to his
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18 | qualifications and identity. But if a majority of the judges | ||||||
19 | are of the
opinion that he is the person so registered and a | ||||||
20 | qualified voter, his vote
shall then be received accordingly. | ||||||
21 | But if his vote be rejected by such
judges, such person may | ||||||
22 | afterward produce and deliver an affidavit to such
judges, | ||||||
23 | subscribed and sworn to by him before one of the judges, in | ||||||
24 | which
it shall be stated how long he has resided in such | ||||||
25 | precinct, and state;
that he is a citizen of the United States, | ||||||
26 | and is a duly qualified voter in
such precinct, and that he is |
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1 | the identical person so registered.
In addition to such an | ||||||
2 | affidavit, the person so challenged shall provide
to the judges | ||||||
3 | of election proof of residence by producing 2 forms of
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4 | identification showing the person's current residence address, | ||||||
5 | provided
that such identification to the person at his current | ||||||
6 | residence address and
postmarked not earlier than 30 days prior | ||||||
7 | to the date of the
election, or the person shall procure a | ||||||
8 | witness personally known to the
judges of election, and | ||||||
9 | resident in the precinct (or district), or who
shall be proved | ||||||
10 | by some legal voter of such precinct or district, known to
the | ||||||
11 | judges to be such, who shall take the oath following, viz:
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12 | I do solemnly swear (or affirm) that I am a resident of | ||||||
13 | this election
precinct (or district), and entitled to vote at | ||||||
14 | this election, and that I
have been a resident of this State | ||||||
15 | for 30 days last past, and am well
acquainted with the person | ||||||
16 | whose vote is now offered; that he is an actual
and bona fide | ||||||
17 | resident of this election precinct (or district), and has
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18 | resided herein 30 days, and as I verily believe, in this State, | ||||||
19 | 30 days
next preceding this election.
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20 | The oath in each case may be administered by one of the | ||||||
21 | judges of
election, or by any officer, resident in the precinct | ||||||
22 | or district,
authorized by law to administer oaths. Also | ||||||
23 | supported by an affidavit by a
registered voter residing in | ||||||
24 | such precinct, stating his own residence, and
that he knows | ||||||
25 | such person; and that he does reside at the place mentioned
and | ||||||
26 | has resided in such precinct and state for the length of time |
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1 | as stated
by such person, which shall be subscribed and sworn | ||||||
2 | to in the same way.
Whereupon the vote of such person shall be | ||||||
3 | received, and entered as other
votes. But such judges, having | ||||||
4 | charge of such registers, shall state in
their respective books | ||||||
5 | the facts in such case, and the affidavits, so
delivered to the | ||||||
6 | judges, shall be preserved and returned to the office of
the | ||||||
7 | commissioners of election. Blank affidavits of the character | ||||||
8 | aforesaid
shall be sent out to the judges of all the precincts, | ||||||
9 | and the judges of
election shall furnish the same on demand and | ||||||
10 | administer the oaths without
criticism. Such oaths, if | ||||||
11 | administered by any other officer than such judge
of election, | ||||||
12 | shall not be received. Whenever a proposal for a
constitutional | ||||||
13 | amendment or for the calling of a constitutional convention
is | ||||||
14 | to be voted upon at the election, the separate blue ballot or | ||||||
15 | ballots
pertaining thereto shall be placed on top of the other | ||||||
16 | ballots to be voted
at the election in such manner that the | ||||||
17 | legend appearing on the back
thereof, as prescribed in Section | ||||||
18 | 16-6 of this Act, shall be plainly
visible to the voter, and in | ||||||
19 | this fashion the ballots shall be handed to
the voter by the | ||||||
20 | judge.
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21 | Immediately after voting, the voter shall be instructed | ||||||
22 | whether the voting equipment, if used, accepted or rejected the | ||||||
23 | ballot or identified the ballot as under-voted. A voter whose | ||||||
24 | ballot is identified as under-voted for a statewide | ||||||
25 | constitutional office may return to the voting booth and | ||||||
26 | complete the voting of that ballot. A voter whose ballot is not |
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1 | accepted by the voting equipment may, upon surrendering the | ||||||
2 | ballot, request and vote another ballot. The voter's | ||||||
3 | surrendered ballot shall be initialed by the election judge and | ||||||
4 | handled as provided in the appropriate Article governing that | ||||||
5 | voting equipment. | ||||||
6 | The voter shall, upon quitting the voting booth, deliver to | ||||||
7 | one of
the judges of election all of the ballots, properly | ||||||
8 | folded, which he
received. The judge of election to whom the | ||||||
9 | voter delivers his ballots
shall not accept the same unless all | ||||||
10 | of the ballots given to the voter
are returned by him. If a | ||||||
11 | voter delivers less than all of the ballots
given to him, the | ||||||
12 | judge to whom the same are offered shall advise him in
a voice | ||||||
13 | clearly audible to the other judges of election that the voter
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14 | must return the remainder of the ballots. The statement of the | ||||||
15 | judge to
the voter shall clearly express the fact that the | ||||||
16 | voter is not required
to vote such remaining ballots but that | ||||||
17 | whether or not he votes them he
must fold and deliver them to | ||||||
18 | the judge. In making such statement the
judge of election shall | ||||||
19 | not indicate by word, gesture or intonation of
voice that the | ||||||
20 | unreturned ballots shall be voted in any particular
manner. No | ||||||
21 | new voter shall be permitted to enter the voting booth of a
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22 | voter who has failed to deliver the total number of ballots | ||||||
23 | received by
him until such voter has returned to the voting | ||||||
24 | booth pursuant to the
judge's request and again quit the booth | ||||||
25 | with all of the ballots
required to be returned by him. Upon | ||||||
26 | receipt of all such ballots the
judges of election shall enter |
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1 | the name of the voter, and his number, as
above provided in | ||||||
2 | this Section, and the judge to whom the ballots are
delivered | ||||||
3 | shall immediately put the ballots into the ballot box. If any
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4 | voter who has failed to deliver all the ballots received by him | ||||||
5 | refuses
to return to the voting booth after being advised by | ||||||
6 | the judge of
election as herein provided, the judge shall | ||||||
7 | inform the other judges of
such refusal, and thereupon the | ||||||
8 | ballot or ballots returned to the judge
shall be deposited in | ||||||
9 | the ballot box, the voter shall be permitted to
depart from the | ||||||
10 | polling place, and a new voter shall be permitted to
enter the | ||||||
11 | voting booth.
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12 | The judge of election who receives the ballot or ballots | ||||||
13 | from the
voter shall announce the residence and name of such | ||||||
14 | voter in a loud
voice. The judge shall put the ballot or | ||||||
15 | ballots received from the voter
into the ballot box in the | ||||||
16 | presence of the voter and the judges of
election, and in plain | ||||||
17 | view of the public. The judges having charge of
such registers | ||||||
18 | shall then, in a column prepared thereon, in the same
line of, | ||||||
19 | the name of the voter, mark "Voted" or the letter "V".
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20 | No judge of election shall accept from any voter less than | ||||||
21 | the full
number of ballots received by such voter without first | ||||||
22 | advising the
voter in the manner above provided of the | ||||||
23 | necessity of returning all of
the ballots, nor shall any such | ||||||
24 | judge advise such voter in a manner
contrary to that which is | ||||||
25 | herein permitted, or in any other manner
violate the provisions | ||||||
26 | of this Section; provided, that the acceptance by
a judge of |
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1 | election of less than the full number of ballots delivered to
a | ||||||
2 | voter who refuses to return to the voting booth after being | ||||||
3 | properly
advised by such judge shall not be a violation of this | ||||||
4 | Section.
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5 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
6 | 95-699, eff. 11-9-07.)
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7 | (10 ILCS 5/18A-5)
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8 | Sec. 18A-5. Provisional voting; general provisions.
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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 | ||||||
4 | provide an acceptable form of photo identification as | ||||||
5 | described in Section 3-6 do so .
| ||||||
6 | (b) The procedure for obtaining and casting a provisional | ||||||
7 | ballot at the
polling place
shall be as follows:
| ||||||
8 | (1) After first verifying through an examination of the | ||||||
9 | precinct register that the person's address is within the | ||||||
10 | precinct boundaries, an election judge at the polling place | ||||||
11 | shall notify a person who is
entitled to cast a provisional | ||||||
12 | ballot pursuant to subsection (a)
that he or she may cast a | ||||||
13 | provisional ballot in that election.
An election judge
must | ||||||
14 | accept any information provided by a person who casts a | ||||||
15 | provisional ballot
that the person believes supports his or | ||||||
16 | her claim that he or she is a duly
registered voter and | ||||||
17 | qualified to vote in the election. However, if the person's | ||||||
18 | residence address is outside the precinct boundaries, the | ||||||
19 | election judge shall inform the person of that fact, give | ||||||
20 | the person the appropriate telephone number of the election | ||||||
21 | authority in order to locate the polling place assigned to | ||||||
22 | serve that address, and instruct the person to go to the | ||||||
23 | proper polling place to vote.
| ||||||
24 | (2) The person shall execute a written form provided by | ||||||
25 | the
election judge that shall state or contain all of the | ||||||
26 | following that is available:
|
| |||||||
| |||||||
1 | (i) an affidavit stating the following:
| ||||||
2 | State of Illinois, County of ................, | ||||||
3 | Township
.............,
Precinct ........, Ward | ||||||
4 | ........, I, ......................., do solemnly
| ||||||
5 | swear (or affirm) that: I am a citizen of the United | ||||||
6 | States; I am 18 years of
age or older; I have resided | ||||||
7 | in this State and in this precinct for 30 days
| ||||||
8 | preceding this election; I have not voted in this | ||||||
9 | election; I am a duly
registered voter in every | ||||||
10 | respect; and I am eligible to vote in this election.
| ||||||
11 | Signature ...... Printed Name of Voter ....... Printed | ||||||
12 | Residence
Address of Voter ...... City
...... State | ||||||
13 | .... Zip Code ..... Telephone Number ...... Date of | ||||||
14 | Birth .......
and Illinois Driver's License Number | ||||||
15 | ....... or Last 4 digits of Social
Security
Number | ||||||
16 | ...... or State Identification Card
Number issued to | ||||||
17 | you by the Illinois Secretary of State........
| ||||||
18 | (ii) A box for the election judge to check one of the 3 | ||||||
19 | reasons why the
person was given a provisional ballot under | ||||||
20 | subsection (a) of Section 18A-5.
| ||||||
21 | (iii) An area for the election judge to affix his or | ||||||
22 | her signature and to
set forth any facts that support or | ||||||
23 | oppose the allegation that the person is
not qualified to | ||||||
24 | vote in the precinct in which the person is seeking to | ||||||
25 | vote.
| ||||||
26 | The written affidavit form described in this subsection |
| |||||||
| |||||||
1 | (b)(2) must be
printed on a multi-part form prescribed by the | ||||||
2 | county clerk or board of
election commissioners, as the case | ||||||
3 | may be.
| ||||||
4 | (3) After the person executes the portion of the written | ||||||
5 | affidavit described
in subsection (b)(2)(i) of this Section, | ||||||
6 | the election judge shall complete the
portion of the written | ||||||
7 | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| ||||||
8 | (4) The election judge shall give a copy of the completed | ||||||
9 | written affidavit
to the person. The election judge shall place | ||||||
10 | the original written affidavit in
a self-adhesive clear plastic | ||||||
11 | packing list envelope that must be attached to a
separate | ||||||
12 | envelope marked as a "provisional ballot envelope". The | ||||||
13 | election judge
shall also place any information provided by the | ||||||
14 | person who casts a provisional
ballot in the clear plastic | ||||||
15 | packing list envelope. Each county clerk or board
of election | ||||||
16 | commissioners, as the case may be,
must design, obtain or | ||||||
17 | procure self-adhesive clear plastic packing list
envelopes and | ||||||
18 | provisional ballot envelopes that are suitable for | ||||||
19 | implementing
this subsection (b)(4) of this Section.
| ||||||
20 | (5) The election judge shall provide the person with a | ||||||
21 | provisional ballot,
written instructions for casting a | ||||||
22 | provisional ballot, and the provisional
ballot envelope with | ||||||
23 | the clear plastic packing list envelope affixed to it,
which | ||||||
24 | contains the person's original written affidavit and, if any, | ||||||
25 | information
provided by the provisional voter to support his or | ||||||
26 | her claim that he or she is
a duly registered voter. An |
| |||||||
| |||||||
1 | election judge must also give the person written
information | ||||||
2 | that states that any person who casts a provisional ballot | ||||||
3 | shall be
able to ascertain, pursuant to guidelines established | ||||||
4 | by the State Board of
Elections, whether the provisional vote | ||||||
5 | was counted in the official canvass of
votes for that election | ||||||
6 | and, if the provisional vote was not counted, the
reason that | ||||||
7 | the vote was not counted.
| ||||||
8 | (6) After the person has completed marking his or her | ||||||
9 | provisional ballot, he
or she shall place the marked ballot | ||||||
10 | inside of the provisional ballot envelope,
close and seal the | ||||||
11 | envelope, and return the envelope to an election judge, who
| ||||||
12 | shall then deposit the sealed provisional ballot envelope into | ||||||
13 | a securable
container separately identified and utilized for | ||||||
14 | containing sealed provisional
ballot envelopes. Ballots that | ||||||
15 | are provisional because they are cast after 7:00 p.m. by court
| ||||||
16 | order shall be kept separate from other provisional ballots. | ||||||
17 | Upon the closing of the polls, the securable container shall
be
| ||||||
18 | sealed with filament tape provided for that purpose, which | ||||||
19 | shall be wrapped
around the box lengthwise and crosswise, at | ||||||
20 | least twice each way, and each of
the election judges shall | ||||||
21 | sign the seal.
| ||||||
22 | (c) Instead of the affidavit form described in subsection | ||||||
23 | (b), the county
clerk or board of election commissioners, as | ||||||
24 | the case may be, may design and
use a multi-part affidavit form | ||||||
25 | that is imprinted upon or attached to the
provisional ballot | ||||||
26 | envelope described in subsection (b). If a county clerk or
|
| |||||||
| |||||||
1 | board of election commissioners elects to design and use its | ||||||
2 | own multi-part
affidavit form, then the county clerk or board | ||||||
3 | of election commissioners shall
establish a mechanism for | ||||||
4 | accepting any information the provisional voter has
supplied to | ||||||
5 | the election judge to support his or her claim that he or she | ||||||
6 | is a
duly registered voter. In all other respects, a county | ||||||
7 | clerk or board of
election commissioners shall establish | ||||||
8 | procedures consistent with subsection
(b).
| ||||||
9 | (d) The county clerk or board of election commissioners, as | ||||||
10 | the case may be,
shall use the completed affidavit form | ||||||
11 | described in subsection (b) to update
the person's voter | ||||||
12 | registration information in the State voter registration
| ||||||
13 | database and voter registration database of the county clerk or | ||||||
14 | board of
election commissioners, as the case may be. If a | ||||||
15 | person is later determined not
to be a registered voter based | ||||||
16 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
17 | processed by the county clerk or board of election
| ||||||
18 | commissioners, as the case may be, as a voter registration | ||||||
19 | application.
| ||||||
20 | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; | ||||||
21 | 94-645, eff. 8-22-05.)
| ||||||
22 | (10 ILCS 5/18A-15)
| ||||||
23 | Sec. 18A-15. Validating and counting provisional ballots.
| ||||||
24 | (a) The county clerk or board of election commissioners | ||||||
25 | shall complete the
validation and counting of provisional |
| |||||||
| |||||||
1 | ballots within 14 calendar days of
the day of the election. The | ||||||
2 | county clerk or board of election commissioners
shall have 7 | ||||||
3 | calendar days from the completion of the validation and
| ||||||
4 | counting of provisional ballots to conduct its final canvass. | ||||||
5 | The State Board
of Elections shall complete within 31 calendar | ||||||
6 | days of the election or sooner
if all the returns are received, | ||||||
7 | its final canvass of the vote for all public
offices.
| ||||||
8 | (b) If a county clerk or board of election commissioners | ||||||
9 | determines that all
of the following apply, then a provisional | ||||||
10 | ballot is valid and shall be counted
as a vote:
| ||||||
11 | (1) The provisional voter cast the provisional ballot | ||||||
12 | in the correct
precinct based on the address provided by | ||||||
13 | the provisional voter. The provisional voter's affidavit | ||||||
14 | shall serve as a change of address request by that voter | ||||||
15 | for registration purposes for the next ensuing election if | ||||||
16 | it bears an address different from that in the records of | ||||||
17 | the election authority;
| ||||||
18 | (2) The affidavit executed by the provisional voter | ||||||
19 | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | ||||||
20 | a minimum, the provisional voter's first and last name, | ||||||
21 | house number and street name, and signature or mark; and
| ||||||
22 | (3) the provisional voter is a registered voter based | ||||||
23 | on information
available to the county clerk or board of | ||||||
24 | election commissioners provided by or
obtained from any of | ||||||
25 | the following:
| ||||||
26 | i. the provisional voter;
|
| |||||||
| |||||||
1 | ii. an election judge;
| ||||||
2 | iii. the statewide voter registration database | ||||||
3 | maintained by the State
Board of Elections;
| ||||||
4 | iv. the records of the county clerk or board of | ||||||
5 | election commissioners'
database; or
| ||||||
6 | v. the records of the Secretary of State.
| ||||||
7 | (c) With respect to subsection (b)(3) of this Section, the | ||||||
8 | county clerk or
board of election commissioners shall | ||||||
9 | investigate and record whether or not the specified information | ||||||
10 | is available from each of the 5 identified sources. If the | ||||||
11 | information is available from one or more of the identified | ||||||
12 | sources, then the
county clerk or board of election | ||||||
13 | commissioners shall seek to obtain the
information from each of | ||||||
14 | those sources until satisfied, with information from at least | ||||||
15 | one of those sources, that the provisional voter is registered | ||||||
16 | and entitled to vote. The county clerk
or board of election | ||||||
17 | commissioners shall use any information it obtains as the
basis | ||||||
18 | for determining the voter registration status of the | ||||||
19 | provisional voter.
If a conflict exists among the information | ||||||
20 | available to the county clerk or
board of election | ||||||
21 | commissioners as to the registration status of the
provisional | ||||||
22 | voter, then the county clerk or board of election commissioners
| ||||||
23 | shall make a
determination based on the totality of the | ||||||
24 | circumstances. In a case where the
above information equally | ||||||
25 | supports or opposes the registration status of the
voter, the | ||||||
26 | county clerk or board of election commissioners shall decide in
|
| |||||||
| |||||||
1 | favor of the provisional voter as being duly registered to | ||||||
2 | vote. If the
statewide voter registration database maintained | ||||||
3 | by the State Board of
Elections indicates that the provisional | ||||||
4 | voter is registered to vote, but the
county clerk's or board of | ||||||
5 | election commissioners' voter registration database
indicates | ||||||
6 | that the provisional voter is not registered to vote, then the
| ||||||
7 | information found in the statewide voter registration database | ||||||
8 | shall control
the matter and the provisional voter shall be | ||||||
9 | deemed to be registered to vote.
If the records of the county | ||||||
10 | clerk or board of election commissioners indicates
that the | ||||||
11 | provisional
voter is registered to vote, but the statewide | ||||||
12 | voter registration database
maintained by the State Board of | ||||||
13 | Elections indicates that the provisional voter
is not | ||||||
14 | registered to vote, then the information found in the records | ||||||
15 | of the
county clerk or board of election commissioners shall | ||||||
16 | control the matter and
the provisional voter shall be deemed to | ||||||
17 | be registered to vote. If the
provisional voter's signature on | ||||||
18 | his or her provisional ballot request varies
from the signature | ||||||
19 | on
an otherwise valid registration application solely because | ||||||
20 | of the substitution
of initials for the first or middle name, | ||||||
21 | the election authority may not reject
the provisional ballot.
| ||||||
22 | (d) In validating the registration status of a person | ||||||
23 | casting a provisional
ballot, the county clerk or board of | ||||||
24 | election commissioners shall not require a
provisional voter to | ||||||
25 | complete any form other than the affidavit executed by the
| ||||||
26 | provisional voter under subsection (b)(2) of Section 18A-5. In |
| |||||||
| |||||||
1 | addition,
the
county clerk or board of election commissioners | ||||||
2 | shall not require all
provisional voters or
any particular | ||||||
3 | class or group of provisional voters to appear personally | ||||||
4 | before
the county clerk or board of election commissioners or | ||||||
5 | as a matter of policy
require provisional voters to submit | ||||||
6 | additional information to verify or
otherwise support the | ||||||
7 | information already submitted by the provisional voter.
The | ||||||
8 | provisional voter may, within 2 calendar days after the | ||||||
9 | election, submit
additional information to the county clerk or | ||||||
10 | board of election commissioners , except that in the case of | ||||||
11 | provisional voting under subsection (a)(4) of Section 18A-5, | ||||||
12 | the provisional voter has 10 days to provide the county clerk | ||||||
13 | or board of election commissioners with the required photo | ||||||
14 | identification card .
This information must be received by the | ||||||
15 | county clerk or board of election
commissioners within the | ||||||
16 | applicable 2-calendar-day or 10-calendar-day period.
| ||||||
17 | (e) If the county clerk or board of election commissioners | ||||||
18 | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
19 | apply, then the provisional
ballot is not valid
and may not be | ||||||
20 | counted. The provisional ballot envelope containing the ballot
| ||||||
21 | cast by the provisional voter may not be opened. The county | ||||||
22 | clerk or board of
election commissioners shall write on the | ||||||
23 | provisional ballot envelope the
following: "Provisional ballot | ||||||
24 | determined invalid.".
| ||||||
25 | (f) If the county clerk or board of election commissioners | ||||||
26 | determines that a
provisional ballot is valid under this |
| |||||||
| |||||||
1 | Section, then the provisional ballot
envelope shall be opened. | ||||||
2 | The outside of each provisional ballot
envelope shall
also be
| ||||||
3 | marked to identify the precinct and the date of the election.
| ||||||
4 | (g) Provisional ballots determined to be valid shall be | ||||||
5 | counted at the election authority's central ballot counting | ||||||
6 | location and shall not be counted in precincts. The provisional | ||||||
7 | ballots determined to be valid shall be added to the
vote
| ||||||
8 | totals for the precincts from which they were cast in the order | ||||||
9 | in which the
ballots were opened.
The validation and counting | ||||||
10 | of provisional ballots shall be subject to the
provisions of | ||||||
11 | this Code that apply to pollwatchers.
If the provisional | ||||||
12 | ballots are a ballot of a punch card
voting system, then the | ||||||
13 | provisional ballot shall be counted in a manner
consistent with | ||||||
14 | Article 24A. If the provisional ballots
are a ballot of optical | ||||||
15 | scan or other type of approved electronic voting
system, then | ||||||
16 | the provisional ballots shall be counted in a manner consistent
| ||||||
17 | with Article 24B.
| ||||||
18 | (h) As soon as the ballots have been counted, the election | ||||||
19 | judges or
election officials shall, in
the presence of the | ||||||
20 | county clerk or board of election commissioners, place each
of | ||||||
21 | the following items in a separate envelope or bag: (1) all | ||||||
22 | provisional
ballots, voted or spoiled; (2)
all provisional | ||||||
23 | ballot envelopes of provisional ballots voted or spoiled; and
| ||||||
24 | (3) all executed affidavits
of the provisional ballots voted or | ||||||
25 | spoiled.
All provisional ballot envelopes for provisional | ||||||
26 | voters who have been
determined
not to be registered to vote |
| |||||||
| |||||||
1 | shall remain sealed. The county clerk or board of
election | ||||||
2 | commissioners shall treat the provisional ballot envelope | ||||||
3 | containing
the written affidavit as a voter registration | ||||||
4 | application for that person for
the next election and process | ||||||
5 | that application.
The election judges or election officials | ||||||
6 | shall then
securely
seal each envelope or bag, initial the | ||||||
7 | envelope or bag, and plainly mark on the
outside of the | ||||||
8 | envelope or bag in ink the precinct in which the provisional
| ||||||
9 | ballots were cast. The election judges or election officials | ||||||
10 | shall then place
each sealed envelope or
bag into a box, secure | ||||||
11 | and seal it in the same manner as described in
item (6) of | ||||||
12 | subsection (b) of Section 18A-5. Each election judge or | ||||||
13 | election
official shall take and subscribe an oath
before the | ||||||
14 | county clerk or
board of election commissioners that the | ||||||
15 | election judge or election official
securely kept the
ballots | ||||||
16 | and papers in the box, did not permit any person to open the | ||||||
17 | box or
otherwise touch or tamper with the ballots and papers in | ||||||
18 | the box, and has no
knowledge of any other person opening the | ||||||
19 | box.
For purposes of this Section, the term "election official" | ||||||
20 | means the county
clerk, a member of the board of election | ||||||
21 | commissioners, as the case may be, and
their respective | ||||||
22 | employees.
| ||||||
23 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
24 | 94-1000, eff. 7-3-06.)
| ||||||
25 | (10 ILCS 5/19A-35)
|
| |||||||
| |||||||
1 | Sec. 19A-35. Procedure for voting.
| ||||||
2 | (a) Not more than 23 days before the start of the election, | ||||||
3 | the county clerk
shall make available to the election official | ||||||
4 | conducting early voting by
personal
appearance a sufficient | ||||||
5 | number of early ballots, envelopes, and printed voting
| ||||||
6 | instruction slips for the use of early voters. The election | ||||||
7 | official shall
receipt for all ballots received and shall | ||||||
8 | return unused or spoiled ballots at
the close of the early | ||||||
9 | voting period to the county clerk and must strictly
account for | ||||||
10 | all ballots received. The ballots delivered to the election
| ||||||
11 | official must include early ballots for each precinct in the | ||||||
12 | election
authority's jurisdiction and must include separate | ||||||
13 | ballots for each political
subdivision conducting an election | ||||||
14 | of officers or a referendum at that
election.
| ||||||
15 | (b) In conducting early voting under this Article, the | ||||||
16 | election judge or official is
required to verify the signature | ||||||
17 | of the early voter by comparison with the
signature on the
| ||||||
18 | official registration card, and the judge or official must | ||||||
19 | verify (i) the identity
of the applicant, (ii) that the | ||||||
20 | applicant is a registered voter, (iii) the
precinct in which | ||||||
21 | the applicant is registered, and (iv) the proper ballots of
the | ||||||
22 | political subdivision in which the applicant resides and is | ||||||
23 | entitled to
vote before providing an early ballot to the | ||||||
24 | applicant.
The applicant's identity must be verified by the | ||||||
25 | applicant's presentation of a government-issued photo | ||||||
26 | identification card, as defined in Section 3-6, or his or her |
| |||||||
| |||||||
1 | Voter Identification Card an Illinois driver's license, a | ||||||
2 | non-driver identification card issued by the Illinois | ||||||
3 | Secretary of State, or another government-issued | ||||||
4 | identification document containing the applicant's photograph . | ||||||
5 | The election judge or official
must verify the applicant's | ||||||
6 | registration from the most recent poll list
provided by the
| ||||||
7 | election authority, and if the applicant is not listed on that | ||||||
8 | poll list, by
telephoning the office of the election authority.
| ||||||
9 | (b-5) A person requesting an early voting ballot to whom an | ||||||
10 | absentee ballot was issued may vote early if the person submits | ||||||
11 | that absentee ballot to the judges of election or official | ||||||
12 | conducting early voting for cancellation. If the voter is | ||||||
13 | unable to submit the absentee ballot, it shall be sufficient | ||||||
14 | for the voter to submit to the judges or official (i) a portion | ||||||
15 | of the absentee ballot if the absentee ballot was torn or | ||||||
16 | mutilated or (ii) an affidavit executed before the judges or | ||||||
17 | official specifying that (A) the voter never received an | ||||||
18 | absentee ballot or (B) the voter completed and returned an | ||||||
19 | absentee ballot and was informed that the election authority | ||||||
20 | did not receive that absentee ballot. | ||||||
21 | (b-10) Within one day after a voter casts an early voting | ||||||
22 | ballot, the election authority shall transmit the voter's name, | ||||||
23 | street address, and precinct, ward, township, and district | ||||||
24 | numbers, as the case may be, to the State Board of Elections, | ||||||
25 | which shall maintain those names and that information in an | ||||||
26 | electronic format on its website, arranged by county and |
| |||||||
| |||||||
1 | accessible to State and local political committees. | ||||||
2 | (b-15) Immediately after voting an early ballot, the voter | ||||||
3 | shall be instructed whether the voting equipment accepted or | ||||||
4 | rejected the ballot or identified that ballot as under-voted | ||||||
5 | for a statewide constitutional office. A voter whose ballot is | ||||||
6 | identified as under-voted may return to the voting booth and | ||||||
7 | complete the voting of that ballot. A voter whose early voting | ||||||
8 | ballot is not accepted by the voting equipment may, upon | ||||||
9 | surrendering the ballot, request and vote another early voting | ||||||
10 | ballot. The voter's surrendered ballot
shall be initialed by | ||||||
11 | the election judge or official conducting the early voting and | ||||||
12 | handled as provided in the appropriate
Article governing the | ||||||
13 | voting equipment used.
| ||||||
14 | (c) The sealed early ballots in their carrier envelope | ||||||
15 | shall be delivered by
the election authority to the central | ||||||
16 | ballot counting location before the close of the
polls on the | ||||||
17 | day of the election.
| ||||||
18 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
19 | 95-699, eff. 11-9-07.)".
|