99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4100

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/17-9  from Ch. 46, par. 17-9
10 ILCS 5/18-5  from Ch. 46, par. 18-5
10 ILCS 5/19A-35

    Amends the Election Code. Requires that a person seeking to vote on election day present a government-issued photo identification card to the election judge. Provides that, in conducting early voting, election judges must verify the identity of the potential voter. Effective immediately.


LRB099 03784 MGM 23797 b

 

 

A BILL FOR

 

HB4100LRB099 03784 MGM 23797 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 17-9, 18-5, and 19A-35 as follows:
 
6    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
7    (Text of Section before amendment by P.A. 98-1171)
8    Sec. 17-9. Any person desiring to vote shall (i) present to
9the judges of election for verification of the person's
10identity his or her Illinois driver's license, his or her
11non-driver identification card issued by the Illinois
12Secretary of State, or another government-issued
13identification document containing his or her photograph and
14(ii) give his name and, if required to do so, his residence to
15the judges of election, one of whom shall thereupon announce
16the same in a loud and distinct tone of voice, clear, and
17audible; the judges of elections shall check each application
18for ballot against the list of voters registered in that
19precinct to whom grace period, absentee, or early ballots have
20been issued for that election, which shall be provided by the
21election authority and which list shall be available for
22inspection by pollwatchers. A voter applying to vote in the
23precinct on election day whose name appears on the list as

 

 

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1having been issued a grace period, absentee, or early ballot
2shall not be permitted to vote in the precinct, except that a
3voter to whom an absentee ballot was issued may vote in the
4precinct if the voter submits to the election judges that
5absentee ballot for cancellation. If the voter is unable to
6submit the absentee ballot, it shall be sufficient for the
7voter to submit to the election judges (i) a portion of the
8absentee ballot if the absentee ballot was torn or mutilated or
9(ii) an affidavit executed before the election judges
10specifying that (A) the voter never received an absentee ballot
11or (B) the voter completed and returned an absentee ballot and
12was informed that the election authority did not receive that
13absentee ballot. All applicable provisions of Articles 4, 5 or
146 shall be complied with and if such name is found on the
15register of voters by the officer having charge thereof, he
16shall likewise repeat said name, and the voter shall be allowed
17to enter within the proximity of the voting booths, as above
18provided. One of the judges shall give the voter one, and only
19one of each ballot to be voted at the election, on the back of
20which ballots such judge shall indorse his initials in such
21manner that they may be seen when each such ballot is properly
22folded, and the voter's name shall be immediately checked on
23the register list. In those election jurisdictions where
24perforated ballot cards are utilized of the type on which
25write-in votes can be cast above the perforation, the election
26authority shall provide a space both above and below the

 

 

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1perforation for the judge's initials, and the judge shall
2endorse his or her initials in both spaces. Whenever a proposal
3for a constitutional amendment or for the calling of a
4constitutional convention is to be voted upon at the election,
5the separate blue ballot or ballots pertaining thereto shall,
6when being handed to the voter, be placed on top of the other
7ballots to be voted at the election in such manner that the
8legend appearing on the back thereof, as prescribed in Section
916-6 of this Act, shall be plainly visible to the voter. At all
10elections, when a registry may be required, if the name of any
11person so desiring to vote at such election is not found on the
12register of voters, he or she shall not receive a ballot until
13he or she shall have complied with the law prescribing the
14manner and conditions of voting by unregistered voters. If any
15person desiring to vote at any election shall be challenged, he
16or she shall not receive a ballot until he or she shall have
17established his right to vote in the manner provided
18hereinafter; and if he or she shall be challenged after he has
19received his ballot, he shall not be permitted to vote until he
20or she has fully complied with such requirements of the law
21upon being challenged. Besides the election officer, not more
22than 2 voters in excess of the whole number of voting booths
23provided shall be allowed within the proximity of the voting
24booths at one time. The provisions of this Act, so far as they
25require the registration of voters as a condition to their
26being allowed to vote shall not apply to persons otherwise

 

 

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1entitled to vote, who are, at the time of the election, or at
2any time within 60 days prior to such election have been
3engaged in the military or naval service of the United States,
4and who appear personally at the polling place on election day
5and produce to the judges of election satisfactory evidence
6thereof, but such persons, if otherwise qualified to vote,
7shall be permitted to vote at such election without previous
8registration.
9    All such persons shall also make an affidavit which shall
10be in substantially the following form:
11State of Illinois,)
12                  ) ss.
13County of ........)
14............... Precinct   .......... Ward
15    I, ...., do solemnly swear (or affirm) that I am a citizen
16of the United States, of the age of 18 years or over, and that
17within the past 60 days prior to the date of this election at
18which I am applying to vote, I have been engaged in the ....
19(military or naval) service of the United States; and I am
20qualified to vote under and by virtue of the Constitution and
21laws of the State of Illinois, and that I am a legally
22qualified voter of this precinct and ward except that I have,
23because of such service, been unable to register as a voter;
24that I now reside at .... (insert street and number, if any) in
25this precinct and ward; that I have maintained a legal
26residence in this precinct and ward for 30 days and in this

 

 

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1State 30 days next preceding this election.
2
.........................
3    Subscribed and sworn to before me on (insert date).
4
.........................
5
Judge of Election.

 
6    The affidavit of any such person shall be supported by the
7affidavit of a resident and qualified voter of any such
8precinct and ward, which affidavit shall be in substantially
9the following form:
10State of Illinois,)
11                  ) ss.
12County of ........)
13........... Precinct   ........... Ward
14    I, ...., do solemnly swear (or affirm), that I am a
15resident of this precinct and ward and entitled to vote at this
16election; that I am acquainted with .... (name of the
17applicant); that I verily believe him to be an actual bona fide
18resident of this precinct and ward and that I verily believe
19that he or she has maintained a legal residence therein 30 days
20and in this State 30 days next preceding this election.
21
.........................
22    Subscribed and sworn to before me on (insert date).
23
.........................
24
Judge of Election.

 

 

 

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1    All affidavits made under the provisions of this Section
2shall be enclosed in a separate envelope securely sealed, and
3shall be transmitted with the returns of the elections to the
4county clerk or to the board of election commissioners, who
5shall preserve the said affidavits for the period of 6 months,
6during which period such affidavits shall be deemed public
7records and shall be freely open to examination as such.
8(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
9    (Text of Section after amendment by P.A. 98-1171)
10    Sec. 17-9. Any person desiring to vote shall (i) present to
11the judges of election for verification of the person's
12identity his or her Illinois driver's license, his or her
13non-driver identification card issued by the Illinois
14Secretary of State, or another government-issued
15identification document containing his or her photograph and
16(ii) give his name and, if required to do so, his residence to
17the judges of election, one of whom shall thereupon announce
18the same in a loud and distinct tone of voice, clear, and
19audible; the judges of elections shall check each application
20for ballot against the list of voters registered in that
21precinct to whom grace period, vote by mail, or early ballots
22have been issued for that election, which shall be provided by
23the election authority and which list shall be available for
24inspection by pollwatchers. A voter applying to vote in the
25precinct on election day whose name appears on the list as

 

 

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1having been issued a grace period, vote by mail, or early
2ballot shall not be permitted to vote in the precinct, except
3that a voter to whom a vote by mail ballot was issued may vote
4in the precinct if the voter submits to the election judges
5that vote by mail ballot for cancellation. If the voter is
6unable to submit the vote by mail ballot, it shall be
7sufficient for the voter to submit to the election judges (i) a
8portion of the vote by mail ballot if the vote by mail ballot
9was torn or mutilated or (ii) an affidavit executed before the
10election judges specifying that (A) the voter never received a
11vote by mail ballot or (B) the voter completed and returned a
12vote by mail ballot and was informed that the election
13authority did not receive that vote by mail ballot. All
14applicable provisions of Articles 4, 5 or 6 shall be complied
15with and if such name is found on the register of voters by the
16officer having charge thereof, he shall likewise repeat said
17name, and the voter shall be allowed to enter within the
18proximity of the voting booths, as above provided. One of the
19judges shall give the voter one, and only one of each ballot to
20be voted at the election, on the back of which ballots such
21judge shall indorse his initials in such manner that they may
22be seen when each such ballot is properly folded, and the
23voter's name shall be immediately checked on the register list.
24In those election jurisdictions where perforated ballot cards
25are utilized of the type on which write-in votes can be cast
26above the perforation, the election authority shall provide a

 

 

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1space both above and below the perforation for the judge's
2initials, and the judge shall endorse his or her initials in
3both spaces. Whenever a proposal for a constitutional amendment
4or for the calling of a constitutional convention is to be
5voted upon at the election, the separate blue ballot or ballots
6pertaining thereto shall, when being handed to the voter, be
7placed on top of the other ballots to be voted at the election
8in such manner that the legend appearing on the back thereof,
9as prescribed in Section 16-6 of this Act, shall be plainly
10visible to the voter. At all elections, when a registry may be
11required, if the name of any person so desiring to vote at such
12election is not found on the register of voters, he or she
13shall not receive a ballot until he or she shall have complied
14with the law prescribing the manner and conditions of voting by
15unregistered voters. If any person desiring to vote at any
16election shall be challenged, he or she shall not receive a
17ballot until he or she shall have established his right to vote
18in the manner provided hereinafter; and if he or she shall be
19challenged after he has received his ballot, he shall not be
20permitted to vote until he or she has fully complied with such
21requirements of the law upon being challenged. Besides the
22election officer, not more than 2 voters in excess of the whole
23number of voting booths provided shall be allowed within the
24proximity of the voting booths at one time. The provisions of
25this Act, so far as they require the registration of voters as
26a condition to their being allowed to vote shall not apply to

 

 

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1persons otherwise entitled to vote, who are, at the time of the
2election, or at any time within 60 days prior to such election
3have been engaged in the military or naval service of the
4United States, and who appear personally at the polling place
5on election day and produce to the judges of election
6satisfactory evidence thereof, but such persons, if otherwise
7qualified to vote, shall be permitted to vote at such election
8without previous registration.
9    All such persons shall also make an affidavit which shall
10be in substantially the following form:
11State of Illinois,)
12                  ) ss.
13County of ........)
14............... Precinct   .......... Ward
15    I, ...., do solemnly swear (or affirm) that I am a citizen
16of the United States, of the age of 18 years or over, and that
17within the past 60 days prior to the date of this election at
18which I am applying to vote, I have been engaged in the ....
19(military or naval) service of the United States; and I am
20qualified to vote under and by virtue of the Constitution and
21laws of the State of Illinois, and that I am a legally
22qualified voter of this precinct and ward except that I have,
23because of such service, been unable to register as a voter;
24that I now reside at .... (insert street and number, if any) in
25this precinct and ward; that I have maintained a legal
26residence in this precinct and ward for 30 days and in this

 

 

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1State 30 days next preceding this election.
2
.........................
3    Subscribed and sworn to before me on (insert date).
4
.........................
5
Judge of Election.

 
6    The affidavit of any such person shall be supported by the
7affidavit of a resident and qualified voter of any such
8precinct and ward, which affidavit shall be in substantially
9the following form:
10State of Illinois,)
11                  ) ss.
12County of ........)
13........... Precinct   ........... Ward
14    I, ...., do solemnly swear (or affirm), that I am a
15resident of this precinct and ward and entitled to vote at this
16election; that I am acquainted with .... (name of the
17applicant); that I verily believe him to be an actual bona fide
18resident of this precinct and ward and that I verily believe
19that he or she has maintained a legal residence therein 30 days
20and in this State 30 days next preceding this election.
21
.........................
22    Subscribed and sworn to before me on (insert date).
23
.........................
24
Judge of Election.

 

 

 

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1    All affidavits made under the provisions of this Section
2shall be enclosed in a separate envelope securely sealed, and
3shall be transmitted with the returns of the elections to the
4county clerk or to the board of election commissioners, who
5shall preserve the said affidavits for the period of 6 months,
6during which period such affidavits shall be deemed public
7records and shall be freely open to examination as such.
8(Source: P.A. 98-1171, eff. 6-1-15.)
 
9    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
10    (Text of Section before amendment by P.A. 98-1171)
11    Sec. 18-5. Any person desiring to vote and whose name is
12found upon the register of voters by the person having charge
13thereof, shall (i) present to the judges of election for
14verification of the person's identity his or her Illinois
15driver's license, his or her non-driver identification card
16issued by the Illinois Secretary of State, or another
17government-issued identification document containing his or
18her photograph, (ii) then be questioned by one of the judges as
19to his nativity, his term of residence at present address,
20precinct, State and United States, his age, whether naturalized
21and if so the date of naturalization papers and court from
22which secured, and (iii) he shall be asked to state his
23residence when last previously registered and the date of the
24election for which he then registered. The judges of elections
25shall check each application for ballot against the list of

 

 

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1voters registered in that precinct to whom grace period,
2absentee, and early ballots have been issued for that election,
3which shall be provided by the election authority and which
4list shall be available for inspection by pollwatchers. A voter
5applying to vote in the precinct on election day whose name
6appears on the list as having been issued a grace period,
7absentee, or early ballot shall not be permitted to vote in the
8precinct, except that a voter to whom an absentee ballot was
9issued may vote in the precinct if the voter submits to the
10election judges that absentee ballot for cancellation. If the
11voter is unable to submit the absentee ballot, it shall be
12sufficient for the voter to submit to the election judges (i) a
13portion of the absentee ballot if the absentee ballot was torn
14or mutilated or (ii) an affidavit executed before the election
15judges specifying that (A) the voter never received an absentee
16ballot or (B) the voter completed and returned an absentee
17ballot and was informed that the election authority did not
18receive that absentee ballot. If such person so registered
19shall be challenged as disqualified, the party challenging
20shall assign his reasons therefor, and thereupon one of the
21judges shall administer to him an oath to answer questions, and
22if he shall take the oath he shall then be questioned by the
23judge or judges touching such cause of challenge, and touching
24any other cause of disqualification. And he may also be
25questioned by the person challenging him in regard to his
26qualifications and identity. But if a majority of the judges

 

 

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1are of the opinion that he is the person so registered and a
2qualified voter, his vote shall then be received accordingly.
3But if his vote be rejected by such judges, such person may
4afterward produce and deliver an affidavit to such judges,
5subscribed and sworn to by him before one of the judges, in
6which it shall be stated how long he has resided in such
7precinct, and state; that he is a citizen of the United States,
8and is a duly qualified voter in such precinct, and that he is
9the identical person so registered. In addition to such an
10affidavit, the person so challenged shall provide to the judges
11of election proof of residence by producing 2 forms of
12identification showing the person's current residence address,
13provided that such identification may include a lease or
14contract for a residence and not more than one piece of mail
15addressed to the person at his current residence address and
16postmarked not earlier than 30 days prior to the date of the
17election, or the person shall procure a witness personally
18known to the judges of election, and resident in the precinct
19(or district), or who shall be proved by some legal voter of
20such precinct or district, known to the judges to be such, who
21shall take the oath following, viz:
22    I do solemnly swear (or affirm) that I am a resident of
23this election precinct (or district), and entitled to vote at
24this election, and that I have been a resident of this State
25for 30 days last past, and am well acquainted with the person
26whose vote is now offered; that he is an actual and bona fide

 

 

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1resident of this election precinct (or district), and has
2resided herein 30 days, and as I verily believe, in this State,
330 days next preceding this election.
4    The oath in each case may be administered by one of the
5judges of election, or by any officer, resident in the precinct
6or district, authorized by law to administer oaths. Also
7supported by an affidavit by a registered voter residing in
8such precinct, stating his own residence, and that he knows
9such person; and that he does reside at the place mentioned and
10has resided in such precinct and state for the length of time
11as stated by such person, which shall be subscribed and sworn
12to in the same way. For purposes of this Section, the
13submission of a photo identification issued by a college or
14university, accompanied by either (i) a copy of the applicant's
15contract or lease for a residence or (ii) one piece of mail
16addressed to the person at his or her current residence address
17and postmarked not earlier than 30 days prior to the date of
18the election, shall be sufficient to establish proof of
19residence. Whereupon the vote of such person shall be received,
20and entered as other votes. But such judges, having charge of
21such registers, shall state in their respective books the facts
22in such case, and the affidavits, so delivered to the judges,
23shall be preserved and returned to the office of the
24commissioners of election. Blank affidavits of the character
25aforesaid shall be sent out to the judges of all the precincts,
26and the judges of election shall furnish the same on demand and

 

 

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1administer the oaths without criticism. Such oaths, if
2administered by any other officer than such judge of election,
3shall not be received. Whenever a proposal for a constitutional
4amendment or for the calling of a constitutional convention is
5to be voted upon at the election, the separate blue ballot or
6ballots pertaining thereto shall be placed on top of the other
7ballots to be voted at the election in such manner that the
8legend appearing on the back thereof, as prescribed in Section
916-6 of this Act, shall be plainly visible to the voter, and in
10this fashion the ballots shall be handed to the voter by the
11judge.
12    Immediately after voting, the voter shall be instructed
13whether the voting equipment, if used, accepted or rejected the
14ballot or identified the ballot as under-voted. A voter whose
15ballot is identified as under-voted for a statewide
16constitutional office may return to the voting booth and
17complete the voting of that ballot. A voter whose ballot is not
18accepted by the voting equipment may, upon surrendering the
19ballot, request and vote another ballot. The voter's
20surrendered ballot shall be initialed by the election judge and
21handled as provided in the appropriate Article governing that
22voting equipment.
23    The voter shall, upon quitting the voting booth, deliver to
24one of the judges of election all of the ballots, properly
25folded, which he received. The judge of election to whom the
26voter delivers his ballots shall not accept the same unless all

 

 

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1of the ballots given to the voter are returned by him. If a
2voter delivers less than all of the ballots given to him, the
3judge to whom the same are offered shall advise him in a voice
4clearly audible to the other judges of election that the voter
5must return the remainder of the ballots. The statement of the
6judge to the voter shall clearly express the fact that the
7voter is not required to vote such remaining ballots but that
8whether or not he votes them he must fold and deliver them to
9the judge. In making such statement the judge of election shall
10not indicate by word, gesture or intonation of voice that the
11unreturned ballots shall be voted in any particular manner. No
12new voter shall be permitted to enter the voting booth of a
13voter who has failed to deliver the total number of ballots
14received by him until such voter has returned to the voting
15booth pursuant to the judge's request and again quit the booth
16with all of the ballots required to be returned by him. Upon
17receipt of all such ballots the judges of election shall enter
18the name of the voter, and his number, as above provided in
19this Section, and the judge to whom the ballots are delivered
20shall immediately put the ballots into the ballot box. If any
21voter who has failed to deliver all the ballots received by him
22refuses to return to the voting booth after being advised by
23the judge of election as herein provided, the judge shall
24inform the other judges of such refusal, and thereupon the
25ballot or ballots returned to the judge shall be deposited in
26the ballot box, the voter shall be permitted to depart from the

 

 

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1polling place, and a new voter shall be permitted to enter the
2voting booth.
3    The judge of election who receives the ballot or ballots
4from the voter shall announce the residence and name of such
5voter in a loud voice. The judge shall put the ballot or
6ballots received from the voter into the ballot box in the
7presence of the voter and the judges of election, and in plain
8view of the public. The judges having charge of such registers
9shall then, in a column prepared thereon, in the same line of,
10the name of the voter, mark "Voted" or the letter "V".
11    No judge of election shall accept from any voter less than
12the full number of ballots received by such voter without first
13advising the voter in the manner above provided of the
14necessity of returning all of the ballots, nor shall any such
15judge advise such voter in a manner contrary to that which is
16herein permitted, or in any other manner violate the provisions
17of this Section; provided, that the acceptance by a judge of
18election of less than the full number of ballots delivered to a
19voter who refuses to return to the voting booth after being
20properly advised by such judge shall not be a violation of this
21Section.
22(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
23    (Text of Section after amendment by P.A. 98-1171)
24    Sec. 18-5. Any person desiring to vote and whose name is
25found upon the register of voters by the person having charge

 

 

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1thereof, shall (i) present to the judges of election for
2verification of the person's identity his or her Illinois
3driver's license, his or her non-driver identification card
4issued by the Illinois Secretary of State, or another
5government-issued identification document containing his or
6her photograph, (ii) then be questioned by one of the judges as
7to his nativity, his term of residence at present address,
8precinct, State and United States, his age, whether naturalized
9and if so the date of naturalization papers and court from
10which secured, and (iii) he shall be asked to state his
11residence when last previously registered and the date of the
12election for which he then registered. The judges of elections
13shall check each application for ballot against the list of
14voters registered in that precinct to whom grace period, vote
15by mail, and early ballots have been issued for that election,
16which shall be provided by the election authority and which
17list shall be available for inspection by pollwatchers. A voter
18applying to vote in the precinct on election day whose name
19appears on the list as having been issued a grace period, vote
20by mail, or early ballot shall not be permitted to vote in the
21precinct, except that a voter to whom a vote by mail ballot was
22issued may vote in the precinct if the voter submits to the
23election judges that vote by mail ballot for cancellation. If
24the voter is unable to submit the vote by mail ballot, it shall
25be sufficient for the voter to submit to the election judges
26(i) a portion of the vote by mail ballot if the vote by mail

 

 

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1ballot was torn or mutilated or (ii) an affidavit executed
2before the election judges specifying that (A) the voter never
3received a vote by mail ballot or (B) the voter completed and
4returned a vote by mail ballot and was informed that the
5election authority did not receive that vote by mail ballot. If
6such person so registered shall be challenged as disqualified,
7the party challenging shall assign his reasons therefor, and
8thereupon one of the judges shall administer to him an oath to
9answer questions, and if he shall take the oath he shall then
10be questioned by the judge or judges touching such cause of
11challenge, and touching any other cause of disqualification.
12And he may also be questioned by the person challenging him in
13regard to his qualifications and identity. But if a majority of
14the judges are of the opinion that he is the person so
15registered and a qualified voter, his vote shall then be
16received accordingly. But if his vote be rejected by such
17judges, such person may afterward produce and deliver an
18affidavit to such judges, subscribed and sworn to by him before
19one of the judges, in which it shall be stated how long he has
20resided in such precinct, and state; that he is a citizen of
21the United States, and is a duly qualified voter in such
22precinct, and that he is the identical person so registered. In
23addition to such an affidavit, the person so challenged shall
24provide to the judges of election proof of residence by
25producing 2 forms of identification showing the person's
26current residence address, provided that such identification

 

 

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1may include a lease or contract for a residence and not more
2than one piece of mail addressed to the person at his current
3residence address and postmarked not earlier than 30 days prior
4to the date of the election, or the person shall procure a
5witness personally known to the judges of election, and
6resident in the precinct (or district), or who shall be proved
7by some legal voter of such precinct or district, known to the
8judges to be such, who shall take the oath following, viz:
9    I do solemnly swear (or affirm) that I am a resident of
10this election precinct (or district), and entitled to vote at
11this election, and that I have been a resident of this State
12for 30 days last past, and am well acquainted with the person
13whose vote is now offered; that he is an actual and bona fide
14resident of this election precinct (or district), and has
15resided herein 30 days, and as I verily believe, in this State,
1630 days next preceding this election.
17    The oath in each case may be administered by one of the
18judges of election, or by any officer, resident in the precinct
19or district, authorized by law to administer oaths. Also
20supported by an affidavit by a registered voter residing in
21such precinct, stating his own residence, and that he knows
22such person; and that he does reside at the place mentioned and
23has resided in such precinct and state for the length of time
24as stated by such person, which shall be subscribed and sworn
25to in the same way. For purposes of this Section, the
26submission of a photo identification issued by a college or

 

 

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1university, accompanied by either (i) a copy of the applicant's
2contract or lease for a residence or (ii) one piece of mail
3addressed to the person at his or her current residence address
4and postmarked not earlier than 30 days prior to the date of
5the election, shall be sufficient to establish proof of
6residence. Whereupon the vote of such person shall be received,
7and entered as other votes. But such judges, having charge of
8such registers, shall state in their respective books the facts
9in such case, and the affidavits, so delivered to the judges,
10shall be preserved and returned to the office of the
11commissioners of election. Blank affidavits of the character
12aforesaid shall be sent out to the judges of all the precincts,
13and the judges of election shall furnish the same on demand and
14administer the oaths without criticism. Such oaths, if
15administered by any other officer than such judge of election,
16shall not be received. Whenever a proposal for a constitutional
17amendment or for the calling of a constitutional convention is
18to be voted upon at the election, the separate blue ballot or
19ballots pertaining thereto shall be placed on top of the other
20ballots to be voted at the election in such manner that the
21legend appearing on the back thereof, as prescribed in Section
2216-6 of this Act, shall be plainly visible to the voter, and in
23this fashion the ballots shall be handed to the voter by the
24judge.
25    Immediately after voting, the voter shall be instructed
26whether the voting equipment, if used, accepted or rejected the

 

 

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1ballot or identified the ballot as under-voted. A voter whose
2ballot is identified as under-voted for a statewide
3constitutional office may return to the voting booth and
4complete the voting of that ballot. A voter whose ballot is not
5accepted by the voting equipment may, upon surrendering the
6ballot, request and vote another ballot. The voter's
7surrendered ballot shall be initialed by the election judge and
8handled as provided in the appropriate Article governing that
9voting equipment.
10    The voter shall, upon quitting the voting booth, deliver to
11one of the judges of election all of the ballots, properly
12folded, which he received. The judge of election to whom the
13voter delivers his ballots shall not accept the same unless all
14of the ballots given to the voter are returned by him. If a
15voter delivers less than all of the ballots given to him, the
16judge to whom the same are offered shall advise him in a voice
17clearly audible to the other judges of election that the voter
18must return the remainder of the ballots. The statement of the
19judge to the voter shall clearly express the fact that the
20voter is not required to vote such remaining ballots but that
21whether or not he votes them he must fold and deliver them to
22the judge. In making such statement the judge of election shall
23not indicate by word, gesture or intonation of voice that the
24unreturned ballots shall be voted in any particular manner. No
25new voter shall be permitted to enter the voting booth of a
26voter who has failed to deliver the total number of ballots

 

 

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1received by him until such voter has returned to the voting
2booth pursuant to the judge's request and again quit the booth
3with all of the ballots required to be returned by him. Upon
4receipt of all such ballots the judges of election shall enter
5the name of the voter, and his number, as above provided in
6this Section, and the judge to whom the ballots are delivered
7shall immediately put the ballots into the ballot box. If any
8voter who has failed to deliver all the ballots received by him
9refuses to return to the voting booth after being advised by
10the judge of election as herein provided, the judge shall
11inform the other judges of such refusal, and thereupon the
12ballot or ballots returned to the judge shall be deposited in
13the ballot box, the voter shall be permitted to depart from the
14polling place, and a new voter shall be permitted to enter the
15voting booth.
16    The judge of election who receives the ballot or ballots
17from the voter shall announce the residence and name of such
18voter in a loud voice. The judge shall put the ballot or
19ballots received from the voter into the ballot box in the
20presence of the voter and the judges of election, and in plain
21view of the public. The judges having charge of such registers
22shall then, in a column prepared thereon, in the same line of,
23the name of the voter, mark "Voted" or the letter "V".
24    No judge of election shall accept from any voter less than
25the full number of ballots received by such voter without first
26advising the voter in the manner above provided of the

 

 

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1necessity of returning all of the ballots, nor shall any such
2judge advise such voter in a manner contrary to that which is
3herein permitted, or in any other manner violate the provisions
4of this Section; provided, that the acceptance by a judge of
5election of less than the full number of ballots delivered to a
6voter who refuses to return to the voting booth after being
7properly advised by such judge shall not be a violation of this
8Section.
9(Source: P.A. 98-1171, eff. 6-1-15.)
 
10    (10 ILCS 5/19A-35)
11    (Text of Section before amendment by P.A. 98-1171)
12    Sec. 19A-35. Procedure for voting.
13    (a) Not more than 23 days before the start of the election,
14the county clerk shall make available to the election official
15conducting early voting by personal appearance a sufficient
16number of early ballots, envelopes, and printed voting
17instruction slips for the use of early voters. The election
18official shall receipt for all ballots received and shall
19return unused or spoiled ballots at the close of the early
20voting period to the county clerk and must strictly account for
21all ballots received. The ballots delivered to the election
22official must include early ballots for each precinct in the
23election authority's jurisdiction and must include separate
24ballots for each political subdivision conducting an election
25of officers or a referendum at that election.

 

 

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1    (b) In conducting early voting under this Article, the
2election judge or official is required to verify the signature
3of the early voter by comparison with the signature on the
4official registration card, and the judge or official must
5verify (i) the identity of the applicant, (ii) that the
6applicant is a registered voter, (iii) the precinct in which
7the applicant is registered, and (iv) the proper ballots of the
8political subdivision in which the applicant resides and is
9entitled to vote before providing an early ballot to the
10applicant. Except for during the 2014 general election, the
11applicant's identity must be verified by the applicant's
12presentation of an Illinois driver's license, a non-driver
13identification card issued by the Illinois Secretary of State,
14a photo identification card issued by a university or college,
15or another government-issued identification document
16containing the applicant's photograph. The election judge or
17official must verify the applicant's registration from the most
18recent poll list provided by the election authority, and if the
19applicant is not listed on that poll list, by telephoning the
20office of the election authority.
21    (b-5) A person requesting an early voting ballot to whom an
22absentee ballot was issued may vote early if the person submits
23that absentee ballot to the judges of election or official
24conducting early voting for cancellation. If the voter is
25unable to submit the absentee ballot, it shall be sufficient
26for the voter to submit to the judges or official (i) a portion

 

 

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1of the absentee ballot if the absentee ballot was torn or
2mutilated or (ii) an affidavit executed before the judges or
3official specifying that (A) the voter never received an
4absentee ballot or (B) the voter completed and returned an
5absentee ballot and was informed that the election authority
6did not receive that absentee ballot.
7    (b-10) Within one day after a voter casts an early voting
8ballot, the election authority shall transmit the voter's name,
9street address, and precinct, ward, township, and district
10numbers, as the case may be, to the State Board of Elections,
11which shall maintain those names and that information in an
12electronic format on its website, arranged by county and
13accessible to State and local political committees.
14    (b-15) Immediately after voting an early ballot, the voter
15shall be instructed whether the voting equipment accepted or
16rejected the ballot or identified that ballot as under-voted
17for a statewide constitutional office. A voter whose ballot is
18identified as under-voted may return to the voting booth and
19complete the voting of that ballot. A voter whose early voting
20ballot is not accepted by the voting equipment may, upon
21surrendering the ballot, request and vote another early voting
22ballot. The voter's surrendered ballot shall be initialed by
23the election judge or official conducting the early voting and
24handled as provided in the appropriate Article governing the
25voting equipment used.
26    (c) The sealed early ballots in their carrier envelope

 

 

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1shall be delivered by the election authority to the central
2ballot counting location before the close of the polls on the
3day of the election.
4(Source: P.A. 98-691, eff. 7-1-14.)
 
5    (Text of Section after amendment by P.A. 98-1171)
6    Sec. 19A-35. Procedure for voting.
7    (a) Not more than 23 days before the start of the election,
8the county clerk shall make available to the election official
9conducting early voting by personal appearance a sufficient
10number of early ballots, envelopes, and printed voting
11instruction slips for the use of early voters. The election
12official shall receipt for all ballots received and shall
13return unused or spoiled ballots at the close of the early
14voting period to the county clerk and must strictly account for
15all ballots received. The ballots delivered to the election
16official must include early ballots for each precinct in the
17election authority's jurisdiction and must include separate
18ballots for each political subdivision conducting an election
19of officers or a referendum at that election.
20    (b) In conducting early voting under this Article, the
21election judge or official is required to verify the signature
22of the early voter by comparison with the signature on the
23official registration card, and the judge or official must
24verify (i) that the applicant is a registered voter, (ii) the
25precinct in which the applicant is registered, and (iii) the

 

 

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1identity of the applicant, and (iv) the proper ballots of the
2political subdivision in which the applicant resides and is
3entitled to vote before providing an early ballot to the
4applicant. The election judge or official must verify the
5applicant's registration from the most recent poll list
6provided by the election authority, and if the applicant is not
7listed on that poll list, by telephoning the office of the
8election authority.
9    (b-5) A person requesting an early voting ballot to whom a
10vote by mail ballot was issued may vote early if the person
11submits that vote by mail ballot to the judges of election or
12official conducting early voting for cancellation. If the voter
13is unable to submit the vote by mail ballot, it shall be
14sufficient for the voter to submit to the judges or official
15(i) a portion of the vote by mail ballot if the vote by mail
16ballot was torn or mutilated or (ii) an affidavit executed
17before the judges or official specifying that (A) the voter
18never received a vote by mail ballot or (B) the voter completed
19and returned a vote by mail ballot and was informed that the
20election authority did not receive that vote by mail ballot.
21    (b-10) Within one day after a voter casts an early voting
22ballot, the election authority shall transmit the voter's name,
23street address, and precinct, ward, township, and district
24numbers, as the case may be, to the State Board of Elections,
25which shall maintain those names and that information in an
26electronic format on its website, arranged by county and

 

 

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1accessible to State and local political committees.
2    (b-15) Immediately after voting an early ballot, the voter
3shall be instructed whether the voting equipment accepted or
4rejected the ballot or identified that ballot as under-voted
5for a statewide constitutional office. A voter whose ballot is
6identified as under-voted may return to the voting booth and
7complete the voting of that ballot. A voter whose early voting
8ballot is not accepted by the voting equipment may, upon
9surrendering the ballot, request and vote another early voting
10ballot. The voter's surrendered ballot shall be initialed by
11the election judge or official conducting the early voting and
12handled as provided in the appropriate Article governing the
13voting equipment used.
14    (c) The sealed early ballots in their carrier envelope
15shall be delivered by the election authority to the central
16ballot counting location before the close of the polls on the
17day of the election.
18(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.