Full Text of HB5213 97th General Assembly
HB5213 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5213 Introduced 2/8/2012, by Rep. Randy Ramey, Jr. SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1-11 new | | 10 ILCS 5/3-6 new | | 10 ILCS 5/17-9 | from Ch. 46, par. 17-9 | 10 ILCS 5/18-5 | from Ch. 46, par. 18-5 | 10 ILCS 5/18A-5 | | 10 ILCS 5/18A-15 | | 10 ILCS 5/19A-35 | |
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Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding | 6 | | Sections 1-11 and 3-6 as follows: | 7 | | (10 ILCS 5/1-11 new)
| 8 | | Sec. 1-11. Voter Identification Card. | 9 | | (a) Issuance. The Secretary of State shall issue a Voter | 10 | | Identification Card to each registered voter who does not have | 11 | | an acceptable form of photo identification card as defined in | 12 | | Section 3-6. The card shall include at least: (i) the voter's | 13 | | name, signature, and photograph; (ii) the State seal; and (iii) | 14 | | the voter's current residence address. A Voter Identification | 15 | | Card is valid for as long as the registered voter maintains the | 16 | | name and residence on the card. A Voter Identification Card may | 17 | | not be used for any purpose other than to vote in Illinois. | 18 | | (b) Intent and purpose. It is the intent of the General | 19 | | Assembly to provide the Secretary of State with guidance on how | 20 | | to issue the Voter Identification Card to those individuals who | 21 | | do not have an acceptable form of photo identification as | 22 | | defined in Section 3-6. | 23 | | (c) Application for the Voter Identification Card. Within a |
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| 1 | | reasonable time after the effective date of this amendatory Act | 2 | | of the 97th General Assembly, the Secretary of State shall | 3 | | provide application forms for the Voter Identification Card. | 4 | | Any registered voter who meets the criteria set forth in this | 5 | | Section and who provides the proper documentation required | 6 | | under subsection (d) shall receive a Voter Identification Card. | 7 | | (d) Documentation required. The Secretary of State shall | 8 | | require the presentation and verification of the following | 9 | | information for issuance of a Voter Identification Card: | 10 | | (1) a photo identity document, except that a non-photo | 11 | | identity document, as defined in subsection (e), is | 12 | | acceptable if it includes both the applicant's name and | 13 | | date of birth; | 14 | | (2) documentation showing the applicant's date of | 15 | | birth; | 16 | | (3) evidence of voter registration; and | 17 | | (4) documentation, as defined in subsection (f), | 18 | | showing the applicant's name and principal residence | 19 | | address. | 20 | | (e) Non-photo identity document. A non-photo identity | 21 | | document must include the applicant's name and date of birth. | 22 | | Any of the following shall constitute a non-photo identity | 23 | | document in lieu of a photo identity document: | 24 | | (1) an original birth certificate or certified copy of | 25 | | a birth certificate; | 26 | | (2) a voter registration card; |
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| 1 | | (3) a copy of records filed in court by the applicant | 2 | | or on behalf of the applicant by the applicant's counsel; | 3 | | (4) a naturalization document; | 4 | | (5) a copy of the applicant's marriage license; | 5 | | (6) a copy of the State or federal tax return filed by | 6 | | the applicant for the previous calendar year; | 7 | | (7) an original of the annual Social Security statement | 8 | | received by the applicant for the current or preceding | 9 | | calendar year; | 10 | | (8) an original of a Medicare or Medicaid statement | 11 | | received by the applicant; or | 12 | | (9) a certified school record or transcript for the | 13 | | current or preceding calendar year. | 14 | | (f) Documentation of name and address. Any of the following | 15 | | documents shall be acceptable as documentation of the | 16 | | applicant's name and current address: | 17 | | (1) a voter registration card; | 18 | | (2) a utility bill or cable bill; | 19 | | (3) a bank statement issued within the last 60 days; | 20 | | (4) valid and current rental agreements; | 21 | | (5) a copy of the State or federal tax return filed by | 22 | | the applicant for the previous calendar year; | 23 | | (6) a homeowner's insurance policy or bill for the | 24 | | current or preceding year; | 25 | | (7) a mortgage, deed, or property tax bill for the | 26 | | current or preceding year; or |
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| 1 | | (8) a W-2 for the preceding calendar year. | 2 | | (g) Exemptions. Voters who are indigent and unable to | 3 | | obtain a Voter Identification Card without a fee and voters who | 4 | | have a religious objection to being photographed may vote a | 5 | | provisional ballot and sign an affidavit that indicates one of | 6 | | the exemptions stated in this subsection. An indigent person is | 7 | | defined as an individual whose income is 125% or less of | 8 | | current federal poverty income guidelines. | 9 | | (10 ILCS 5/3-6 new)
| 10 | | Sec. 3-6. Acceptable forms of photo identification for | 11 | | voting purposes. As used in this Code, acceptable forms of | 12 | | photo identification for voting purposes include: | 13 | | (1) an Illinois Driver's License; | 14 | | (2) a State Identification Card; | 15 | | (3) an Illinois Disabled Person Identification Card; | 16 | | (4) a Senior Citizen Identification Card; | 17 | | (5) a FOID Card; | 18 | | (6) a U.S. Passport with the voter's current address; | 19 | | and | 20 | | (7) any other government-issued identification card | 21 | | that includes the voter's name, current photograph, and | 22 | | current address. | 23 | | All photo identification cards must be valid and current. | 24 | | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) |
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| 1 | | Sec. 17-9. Any person desiring to vote shall (i) present to | 2 | | the judges of election for verification of the person's | 3 | | identity a government-issued photo identification card, as | 4 | | defined in Section 3-6, or his or her Voter Identification Card | 5 | | and (ii) give his name and, if
required to do so, his residence | 6 | | to the judges of election, one of whom
shall thereupon announce | 7 | | the same in a loud and distinct tone of voice,
clear, and | 8 | | audible; the judges of elections shall check each application
| 9 | | for ballot against the list of voters registered in that | 10 | | precinct to
whom grace period, absentee,
or early
ballots have | 11 | | been issued for that election, which shall be
provided by the | 12 | | election authority and which list shall be available for
| 13 | | inspection by pollwatchers. A voter applying to vote in the
| 14 | | precinct on election day whose name appears on the list as | 15 | | having
been issued a grace period, absentee,
or early
ballot | 16 | | shall not be permitted to vote in the
precinct, except that a | 17 | | voter to whom an absentee ballot was issued may vote in the | 18 | | precinct if the voter submits to the election judges that | 19 | | absentee ballot for cancellation. If the voter is unable to | 20 | | submit the absentee ballot, it shall be sufficient for the | 21 | | voter to submit to the election judges (i) a portion of the | 22 | | absentee ballot if the absentee ballot was torn or mutilated or | 23 | | (ii) an affidavit executed before the election judges | 24 | | specifying that (A) the voter never received an absentee ballot | 25 | | or (B) the voter completed and returned an absentee ballot and | 26 | | was informed that the election authority did not receive that |
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| 1 | | absentee ballot. All applicable provisions of Articles
4, 5 or | 2 | | 6 shall be complied with and if such name is found on the | 3 | | register of
voters by the
officer having charge thereof, he | 4 | | shall likewise repeat said name, and
the voter shall be allowed | 5 | | to enter within the proximity of the voting
booths, as above | 6 | | provided. One of the judges shall give the voter one,
and only | 7 | | one of each ballot to be voted at the election, on the back of
| 8 | | which ballots such judge shall indorse his initials in such | 9 | | manner that
they may be seen when each such ballot is properly | 10 | | folded, and the
voter's name shall be immediately checked on | 11 | | the register list. In those
election jurisdictions where | 12 | | perforated ballot cards are utilized of the
type on which | 13 | | write-in votes can be cast above the perforation, the election
| 14 | | authority shall provide a space both above and below the | 15 | | perforation for
the judge's initials, and the judge shall | 16 | | endorse his or her initials in
both spaces. Whenever
a proposal | 17 | | for a constitutional amendment or for the calling of a
| 18 | | constitutional convention is to be voted upon at the election, | 19 | | the
separate blue ballot or ballots pertaining thereto shall, | 20 | | when being
handed to the voter, be placed on top of the other | 21 | | ballots to be voted
at the election in such manner that the | 22 | | legend appearing on the back
thereof, as prescribed in Section | 23 | | 16-6 of this Act, shall be plainly
visible to the voter. At all | 24 | | elections, when a registry may be
required, if the name of any | 25 | | person so desiring to vote at such election
is not found on the | 26 | | register of voters, he or she shall not receive a ballot
until |
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| 1 | | he or she shall have complied with the law prescribing the | 2 | | manner and
conditions of voting by unregistered voters. If any | 3 | | person desiring to
vote at any election shall be challenged, he | 4 | | or she shall not receive a ballot
until he or she shall have | 5 | | established his right to vote in the manner provided
| 6 | | hereinafter; and if he or she shall be challenged after he has | 7 | | received his
ballot, he shall not be permitted to vote until he | 8 | | or she has fully complied
with such requirements of the law | 9 | | upon being challenged. Besides the
election officer, not more | 10 | | than 2 voters in excess of the whole number
of voting booths | 11 | | provided shall be allowed within the proximity of the voting
| 12 | | booths at one
time. The provisions of this Act, so far as they | 13 | | require the
registration of voters as a condition to their | 14 | | being allowed to vote
shall not apply to persons otherwise | 15 | | entitled to vote, who are, at the
time of the election, or at | 16 | | any time within 60 days prior to such
election have been | 17 | | engaged in the military or naval service of the
United States, | 18 | | and who appear personally at the polling place on
election day | 19 | | and produce to the judges of election satisfactory evidence
| 20 | | thereof, but such persons, if otherwise qualified to vote, | 21 | | shall be
permitted to vote at such election without previous | 22 | | registration.
| 23 | | All such persons shall also make an affidavit which shall | 24 | | be in
substantially the following form:
| 25 | | State of Illinois,)
| 26 | | ) ss.
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| 1 | | County of ........)
| 2 | | ............... Precinct .......... Ward
| 3 | | I, ...., do solemnly swear (or affirm) that I am a citizen | 4 | | of the
United States, of the age of 18 years or over, and that | 5 | | within the past
60 days prior to the date of this election at | 6 | | which I am applying to
vote, I have been engaged in the .... | 7 | | (military or naval) service of the
United States; and I am | 8 | | qualified to vote under and by virtue of the
Constitution and | 9 | | laws of the State of Illinois, and that I am a legally
| 10 | | qualified voter of this precinct and ward except that I have, | 11 | | because of
such service, been unable to register as a voter; | 12 | | that I now reside at
.... (insert street and number, if any) in | 13 | | this precinct and ward; that I
have maintained a legal | 14 | | residence in this precinct and ward for 30 days
and in this | 15 | | State 30 days next preceding this election.
| 16 | | .........................
| 17 | | Subscribed and sworn to before me on (insert date).
| 18 | | .........................
| 19 | | Judge of Election.
| 20 | | The affidavit of any such person shall be supported by the | 21 | | affidavit
of a resident and qualified voter of any such | 22 | | precinct and ward, which
affidavit shall be in substantially | 23 | | the following form:
| 24 | | State of Illinois,)
| 25 | | ) ss.
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| 1 | | County of ........)
| 2 | | ........... Precinct ........... Ward
| 3 | | I, ...., do solemnly swear (or affirm), that I am a | 4 | | resident of this
precinct and ward and entitled to vote at this | 5 | | election; that I am
acquainted with .... (name of the | 6 | | applicant); that I verily believe him
to be an actual bona fide | 7 | | resident of this precinct and ward and that I
verily believe | 8 | | that he or she has maintained a legal residence therein 30 days
| 9 | | and in this State 30 days next preceding this election.
| 10 | | .........................
| 11 | | Subscribed and sworn to before me on (insert date).
| 12 | | .........................
| 13 | | Judge of Election.
| 14 | | All affidavits made under the provisions of this Section | 15 | | shall be
enclosed in a separate envelope securely sealed, and | 16 | | shall be
transmitted with the returns of the elections to the | 17 | | county clerk or to
the board of election commissioners, who | 18 | | shall preserve the said
affidavits for the period of 6 months, | 19 | | during which period such
affidavits shall be deemed public | 20 | | records and shall be freely open to
examination as such.
| 21 | | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 22 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| 23 | | Sec. 18-5. Any person desiring to vote and whose name is | 24 | | found upon
the register of voters by the person having charge |
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| 1 | | thereof, shall (i) present to the judges of election for | 2 | | verification of the person's identity a government-issued | 3 | | photo identification card, as defined in Section 3-6, or his or | 4 | | her Voter Identification Card, (ii) shall then
be questioned by | 5 | | one of the judges as to his nativity, his term of
residence at | 6 | | present address, precinct, State and United States, his
age, | 7 | | whether naturalized and if so the date of naturalization papers | 8 | | and
court from which secured, and (iii) he shall be asked to | 9 | | state his residence
when last previously registered and the | 10 | | date of the election for which
he then registered. The judges | 11 | | of elections shall check each application
for ballot against | 12 | | the list of voters registered in that precinct to whom
grace | 13 | | period, absentee, and early ballots have been issued for that | 14 | | election, which shall
be provided
by the election authority and | 15 | | which list shall be available for inspection
by pollwatchers. A | 16 | | voter applying to vote in
the precinct on
election day whose | 17 | | name appears on the list as having been issued a grace period, | 18 | | absentee,
or early ballot shall not be permitted to vote in the | 19 | | precinct, except that a voter to whom an absentee ballot was | 20 | | issued may vote in the precinct if the voter submits to the | 21 | | election judges that absentee ballot for cancellation. If the | 22 | | voter is unable to submit the absentee ballot, it shall be | 23 | | sufficient for the voter to submit to the election judges (i) a | 24 | | portion of the absentee ballot if the absentee ballot was torn | 25 | | or mutilated or (ii) an affidavit executed before the election | 26 | | judges specifying that (A) the voter never received an absentee |
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| 1 | | ballot or (B) the voter completed and returned an absentee | 2 | | ballot and was informed that the election authority did not | 3 | | receive that absentee ballot.
If such person
so registered | 4 | | shall be challenged as disqualified, the party challenging
| 5 | | shall assign his reasons therefor, and thereupon one of the | 6 | | judges shall
administer to him an oath to answer questions, and | 7 | | if he shall take the
oath he shall then be questioned by the | 8 | | judge or judges touching such cause
of challenge, and touching | 9 | | any other cause of disqualification. And he may
also be | 10 | | questioned by the person challenging him in regard to his
| 11 | | qualifications and identity. But if a majority of the judges | 12 | | are of the
opinion that he is the person so registered and a | 13 | | qualified voter, his vote
shall then be received accordingly. | 14 | | But if his vote be rejected by such
judges, such person may | 15 | | afterward produce and deliver an affidavit to such
judges, | 16 | | subscribed and sworn to by him before one of the judges, in | 17 | | which
it shall be stated how long he has resided in such | 18 | | precinct, and state;
that he is a citizen of the United States, | 19 | | and is a duly qualified voter in
such precinct, and that he is | 20 | | the identical person so registered.
In addition to such an | 21 | | affidavit, the person so challenged shall provide
to the judges | 22 | | of election proof of residence by producing 2 forms of
| 23 | | identification showing the person's current residence address, | 24 | | provided
that such identification may include a lease or | 25 | | contract for a residence and not more than one piece of mail | 26 | | addressed to the person at his current residence address and
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| 1 | | postmarked not earlier than 30 days prior to the date of the
| 2 | | election, or the person shall procure a witness personally | 3 | | known to the
judges of election, and resident in the precinct | 4 | | (or district), or who
shall be proved by some legal voter of | 5 | | such precinct or district, known to
the judges to be such, who | 6 | | shall take the oath following, viz:
| 7 | | I do solemnly swear (or affirm) that I am a resident of | 8 | | this election
precinct (or district), and entitled to vote at | 9 | | this election, and that I
have been a resident of this State | 10 | | for 30 days last past, and am well
acquainted with the person | 11 | | whose vote is now offered; that he is an actual
and bona fide | 12 | | resident of this election precinct (or district), and has
| 13 | | resided herein 30 days, and as I verily believe, in this State, | 14 | | 30 days
next preceding this election.
| 15 | | The oath in each case may be administered by one of the | 16 | | judges of
election, or by any officer, resident in the precinct | 17 | | or district,
authorized by law to administer oaths. Also | 18 | | supported by an affidavit by a
registered voter residing in | 19 | | such precinct, stating his own residence, and
that he knows | 20 | | such person; and that he does reside at the place mentioned
and | 21 | | has resided in such precinct and state for the length of time | 22 | | as stated
by such person, which shall be subscribed and sworn | 23 | | to in the same way.
For purposes of this Section, the | 24 | | submission of a photo identification issued by a college or | 25 | | university, accompanied by either (i) a copy of the applicant's | 26 | | contract or lease for a residence or (ii) one piece of mail |
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| 1 | | addressed to the person at his or her current residence address | 2 | | and postmarked not earlier than 30 days prior to the date of | 3 | | the election, shall be sufficient to establish proof of | 4 | | residence. Whereupon the vote of such person shall be received, | 5 | | and entered as other
votes. But such judges, having charge of | 6 | | such registers, shall state in
their respective books the facts | 7 | | in such case, and the affidavits, so
delivered to the judges, | 8 | | shall be preserved and returned to the office of
the | 9 | | commissioners of election. Blank affidavits of the character | 10 | | aforesaid
shall be sent out to the judges of all the precincts, | 11 | | and the judges of
election shall furnish the same on demand and | 12 | | administer the oaths without
criticism. Such oaths, if | 13 | | administered by any other officer than such judge
of election, | 14 | | shall not be received. Whenever a proposal for a
constitutional | 15 | | amendment or for the calling of a constitutional convention
is | 16 | | to be voted upon at the election, the separate blue ballot or | 17 | | ballots
pertaining thereto shall be placed on top of the other | 18 | | ballots to be voted
at the election in such manner that the | 19 | | legend appearing on the back
thereof, as prescribed in Section | 20 | | 16-6 of this Act, shall be plainly
visible to the voter, and in | 21 | | this fashion the ballots shall be handed to
the voter by the | 22 | | judge.
| 23 | | Immediately after voting, the voter shall be instructed | 24 | | whether the voting equipment, if used, accepted or rejected the | 25 | | ballot or identified the ballot as under-voted. A voter whose | 26 | | ballot is identified as under-voted for a statewide |
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| 1 | | constitutional office may return to the voting booth and | 2 | | complete the voting of that ballot. A voter whose ballot is not | 3 | | accepted by the voting equipment may, upon surrendering the | 4 | | ballot, request and vote another ballot. The voter's | 5 | | surrendered ballot shall be initialed by the election judge and | 6 | | handled as provided in the appropriate Article governing that | 7 | | voting equipment. | 8 | | The voter shall, upon quitting the voting booth, deliver to | 9 | | one of
the judges of election all of the ballots, properly | 10 | | folded, which he
received. The judge of election to whom the | 11 | | voter delivers his ballots
shall not accept the same unless all | 12 | | of the ballots given to the voter
are returned by him. If a | 13 | | voter delivers less than all of the ballots
given to him, the | 14 | | judge to whom the same are offered shall advise him in
a voice | 15 | | clearly audible to the other judges of election that the voter
| 16 | | must return the remainder of the ballots. The statement of the | 17 | | judge to
the voter shall clearly express the fact that the | 18 | | voter is not required
to vote such remaining ballots but that | 19 | | whether or not he votes them he
must fold and deliver them to | 20 | | the judge. In making such statement the
judge of election shall | 21 | | not indicate by word, gesture or intonation of
voice that the | 22 | | unreturned ballots shall be voted in any particular
manner. No | 23 | | new voter shall be permitted to enter the voting booth of a
| 24 | | voter who has failed to deliver the total number of ballots | 25 | | received by
him until such voter has returned to the voting | 26 | | booth pursuant to the
judge's request and again quit the booth |
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| 1 | | with all of the ballots
required to be returned by him. Upon | 2 | | receipt of all such ballots the
judges of election shall enter | 3 | | the name of the voter, and his number, as
above provided in | 4 | | this Section, and the judge to whom the ballots are
delivered | 5 | | shall immediately put the ballots into the ballot box. If any
| 6 | | voter who has failed to deliver all the ballots received by him | 7 | | refuses
to return to the voting booth after being advised by | 8 | | the judge of
election as herein provided, the judge shall | 9 | | inform the other judges of
such refusal, and thereupon the | 10 | | ballot or ballots returned to the judge
shall be deposited in | 11 | | the ballot box, the voter shall be permitted to
depart from the | 12 | | polling place, and a new voter shall be permitted to
enter the | 13 | | voting booth.
| 14 | | The judge of election who receives the ballot or ballots | 15 | | from the
voter shall announce the residence and name of such | 16 | | voter in a loud
voice. The judge shall put the ballot or | 17 | | ballots received from the voter
into the ballot box in the | 18 | | presence of the voter and the judges of
election, and in plain | 19 | | view of the public. The judges having charge of
such registers | 20 | | shall then, in a column prepared thereon, in the same
line of, | 21 | | the name of the voter, mark "Voted" or the letter "V".
| 22 | | No judge of election shall accept from any voter less than | 23 | | the full
number of ballots received by such voter without first | 24 | | advising the
voter in the manner above provided of the | 25 | | necessity of returning all of
the ballots, nor shall any such | 26 | | judge advise such voter in a manner
contrary to that which is |
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| 1 | | herein permitted, or in any other manner
violate the provisions | 2 | | of this Section; provided, that the acceptance by
a judge of | 3 | | election of less than the full number of ballots delivered to
a | 4 | | voter who refuses to return to the voting booth after being | 5 | | properly
advised by such judge shall not be a violation of this | 6 | | Section.
| 7 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 8 | | (10 ILCS 5/18A-5)
| 9 | | Sec. 18A-5. Provisional voting; general provisions.
| 10 | | (a) A person who claims to be a registered voter is | 11 | | entitled to cast a
provisional ballot under the following | 12 | | circumstances:
| 13 | | (1) The person's name does not appear on the official | 14 | | list of eligible
voters for the precinct in which
the | 15 | | person seeks to vote. The official list is the centralized | 16 | | statewide voter registration list established and | 17 | | maintained in accordance with Section 1A-25;
| 18 | | (2) The person's voting status has been challenged by | 19 | | an election judge, a
pollwatcher, or any legal voter and | 20 | | that challenge has been sustained by a
majority of the | 21 | | election judges;
| 22 | | (3) A federal or State court order extends the time for | 23 | | closing the polls
beyond the time period established by | 24 | | State law and the person votes during the
extended time | 25 | | period; or
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| 1 | | (4) The voter registered to vote by mail and is | 2 | | required by law to
present identification when voting | 3 | | either in person or , in the case of a voter who registered | 4 | | by mail, when voting by absentee ballot, but
fails to | 5 | | provide an acceptable form of photo identification as | 6 | | described in Section 3-6 do so .
| 7 | | (b) The procedure for obtaining and casting a provisional | 8 | | ballot at the
polling place
shall be as follows:
| 9 | | (1) After first verifying through an examination of the | 10 | | precinct register that the person's address is within the | 11 | | precinct boundaries, an election judge at the polling place | 12 | | shall notify a person who is
entitled to cast a provisional | 13 | | ballot pursuant to subsection (a)
that he or she may cast a | 14 | | provisional ballot in that election.
An election judge
must | 15 | | accept any information provided by a person who casts a | 16 | | provisional ballot
that the person believes supports his or | 17 | | her claim that he or she is a duly
registered voter and | 18 | | qualified to vote in the election. However, if the person's | 19 | | residence address is outside the precinct boundaries, the | 20 | | election judge shall inform the person of that fact, give | 21 | | the person the appropriate telephone number of the election | 22 | | authority in order to locate the polling place assigned to | 23 | | serve that address, and instruct the person to go to the | 24 | | proper polling place to vote.
| 25 | | (2) The person shall execute a written form provided by | 26 | | the
election judge that shall state or contain all of the |
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| 1 | | following that is available:
| 2 | | (i) an affidavit stating the following:
| 3 | | State of Illinois, County of ................, | 4 | | Township
.............,
Precinct ........, Ward | 5 | | ........, I, ......................., do solemnly
| 6 | | swear (or affirm) that: I am a citizen of the United | 7 | | States; I am 18 years of
age or older; I have resided | 8 | | in this State and in this precinct for 30 days
| 9 | | preceding this election; I have not voted in this | 10 | | election; I am a duly
registered voter in every | 11 | | respect; and I am eligible to vote in this election.
| 12 | | Signature ...... Printed Name of Voter ....... Printed | 13 | | Residence
Address of Voter ...... City
...... State | 14 | | .... Zip Code ..... Telephone Number ...... Date of | 15 | | Birth .......
and Illinois Driver's License Number | 16 | | ....... or Last 4 digits of Social
Security
Number | 17 | | ...... or State Identification Card
Number issued to | 18 | | you by the Illinois Secretary of State........
| 19 | | (ii) A box for the election judge to check one of the 3 | 20 | | reasons why the
person was given a provisional ballot under | 21 | | subsection (a) of Section 18A-5.
| 22 | | (iii) An area for the election judge to affix his or | 23 | | her signature and to
set forth any facts that support or | 24 | | oppose the allegation that the person is
not qualified to | 25 | | vote in the precinct in which the person is seeking to | 26 | | vote.
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| 1 | | The written affidavit form described in this subsection | 2 | | (b)(2) must be
printed on a multi-part form prescribed by the | 3 | | county clerk or board of
election commissioners, as the case | 4 | | may be.
| 5 | | (3) After the person executes the portion of the written | 6 | | affidavit described
in subsection (b)(2)(i) of this Section, | 7 | | the election judge shall complete the
portion of the written | 8 | | affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 9 | | (4) The election judge shall give a copy of the completed | 10 | | written affidavit
to the person. The election judge shall place | 11 | | the original written affidavit in
a self-adhesive clear plastic | 12 | | packing list envelope that must be attached to a
separate | 13 | | envelope marked as a "provisional ballot envelope". The | 14 | | election judge
shall also place any information provided by the | 15 | | person who casts a provisional
ballot in the clear plastic | 16 | | packing list envelope. Each county clerk or board
of election | 17 | | commissioners, as the case may be,
must design, obtain or | 18 | | procure self-adhesive clear plastic packing list
envelopes and | 19 | | provisional ballot envelopes that are suitable for | 20 | | implementing
this subsection (b)(4) of this Section.
| 21 | | (5) The election judge shall provide the person with a | 22 | | provisional ballot,
written instructions for casting a | 23 | | provisional ballot, and the provisional
ballot envelope with | 24 | | the clear plastic packing list envelope affixed to it,
which | 25 | | contains the person's original written affidavit and, if any, | 26 | | information
provided by the provisional voter to support his or |
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| 1 | | her claim that he or she is
a duly registered voter. An | 2 | | election judge must also give the person written
information | 3 | | that states that any person who casts a provisional ballot | 4 | | shall be
able to ascertain, pursuant to guidelines established | 5 | | by the State Board of
Elections, whether the provisional vote | 6 | | was counted in the official canvass of
votes for that election | 7 | | and, if the provisional vote was not counted, the
reason that | 8 | | the vote was not counted.
| 9 | | (6) After the person has completed marking his or her | 10 | | provisional ballot, he
or she shall place the marked ballot | 11 | | inside of the provisional ballot envelope,
close and seal the | 12 | | envelope, and return the envelope to an election judge, who
| 13 | | shall then deposit the sealed provisional ballot envelope into | 14 | | a securable
container separately identified and utilized for | 15 | | containing sealed provisional
ballot envelopes. Ballots that | 16 | | are provisional because they are cast after 7:00 p.m. by court
| 17 | | order shall be kept separate from other provisional ballots. | 18 | | Upon the closing of the polls, the securable container shall
be
| 19 | | sealed with filament tape provided for that purpose, which | 20 | | shall be wrapped
around the box lengthwise and crosswise, at | 21 | | least twice each way, and each of
the election judges shall | 22 | | sign the seal.
| 23 | | (c) Instead of the affidavit form described in subsection | 24 | | (b), the county
clerk or board of election commissioners, as | 25 | | the case may be, may design and
use a multi-part affidavit form | 26 | | that is imprinted upon or attached to the
provisional ballot |
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| 1 | | envelope described in subsection (b). If a county clerk or
| 2 | | board of election commissioners elects to design and use its | 3 | | own multi-part
affidavit form, then the county clerk or board | 4 | | of election commissioners shall
establish a mechanism for | 5 | | accepting any information the provisional voter has
supplied to | 6 | | the election judge to support his or her claim that he or she | 7 | | is a
duly registered voter. In all other respects, a county | 8 | | clerk or board of
election commissioners shall establish | 9 | | procedures consistent with subsection
(b).
| 10 | | (d) The county clerk or board of election commissioners, as | 11 | | the case may be,
shall use the completed affidavit form | 12 | | described in subsection (b) to update
the person's voter | 13 | | registration information in the State voter registration
| 14 | | database and voter registration database of the county clerk or | 15 | | board of
election commissioners, as the case may be. If a | 16 | | person is later determined not
to be a registered voter based | 17 | | on Section 18A-15 of this Code, then the
affidavit shall be | 18 | | processed by the county clerk or board of election
| 19 | | commissioners, as the case may be, as a voter registration | 20 | | application.
| 21 | | (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05; | 22 | | 94-645, eff. 8-22-05.)
| 23 | | (10 ILCS 5/18A-15)
| 24 | | Sec. 18A-15. Validating and counting provisional ballots.
| 25 | | (a) The county clerk or board of election commissioners |
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| 1 | | shall complete the
validation and counting of provisional | 2 | | ballots within 14 calendar days of
the day of the election. The | 3 | | county clerk or board of election commissioners
shall have 7 | 4 | | calendar days from the completion of the validation and
| 5 | | counting of provisional ballots to conduct its final canvass. | 6 | | The State Board
of Elections shall complete within 31 calendar | 7 | | days of the election or sooner
if all the returns are received, | 8 | | its final canvass of the vote for all public
offices.
| 9 | | (b) If a county clerk or board of election commissioners | 10 | | determines that all
of the following apply, then a provisional | 11 | | ballot is valid and shall be counted
as a vote:
| 12 | | (1) The provisional voter cast the provisional ballot | 13 | | in the correct
precinct based on the address provided by | 14 | | the provisional voter. The provisional voter's affidavit | 15 | | shall serve as a change of address request by that voter | 16 | | for registration purposes for the next ensuing election if | 17 | | it bears an address different from that in the records of | 18 | | the election authority;
| 19 | | (2) The affidavit executed by the provisional voter | 20 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 21 | | a minimum, the provisional voter's first and last name, | 22 | | house number and street name, and signature or mark; and
| 23 | | (3) the provisional voter is a registered voter based | 24 | | on information
available to the county clerk or board of | 25 | | election commissioners provided by or
obtained from any of | 26 | | the following:
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| 1 | | i. the provisional voter;
| 2 | | ii. an election judge;
| 3 | | iii. the statewide voter registration database | 4 | | maintained by the State
Board of Elections;
| 5 | | iv. the records of the county clerk or board of | 6 | | election commissioners'
database; or
| 7 | | v. the records of the Secretary of State.
| 8 | | (c) With respect to subsection (b)(3) of this Section, the | 9 | | county clerk or
board of election commissioners shall | 10 | | investigate and record whether or not the specified information | 11 | | is available from each of the 5 identified sources. If the | 12 | | information is available from one or more of the identified | 13 | | sources, then the
county clerk or board of election | 14 | | commissioners shall seek to obtain the
information from each of | 15 | | those sources until satisfied, with information from at least | 16 | | one of those sources, that the provisional voter is registered | 17 | | and entitled to vote. The county clerk
or board of election | 18 | | commissioners shall use any information it obtains as the
basis | 19 | | for determining the voter registration status of the | 20 | | provisional voter.
If a conflict exists among the information | 21 | | available to the county clerk or
board of election | 22 | | commissioners as to the registration status of the
provisional | 23 | | voter, then the county clerk or board of election commissioners
| 24 | | shall make a
determination based on the totality of the | 25 | | circumstances. In a case where the
above information equally | 26 | | supports or opposes the registration status of the
voter, the |
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| 1 | | county clerk or board of election commissioners shall decide in
| 2 | | favor of the provisional voter as being duly registered to | 3 | | vote. If the
statewide voter registration database maintained | 4 | | by the State Board of
Elections indicates that the provisional | 5 | | voter is registered to vote, but the
county clerk's or board of | 6 | | election commissioners' voter registration database
indicates | 7 | | that the provisional voter is not registered to vote, then the
| 8 | | information found in the statewide voter registration database | 9 | | shall control
the matter and the provisional voter shall be | 10 | | deemed to be registered to vote.
If the records of the county | 11 | | clerk or board of election commissioners indicates
that the | 12 | | provisional
voter is registered to vote, but the statewide | 13 | | voter registration database
maintained by the State Board of | 14 | | Elections indicates that the provisional voter
is not | 15 | | registered to vote, then the information found in the records | 16 | | of the
county clerk or board of election commissioners shall | 17 | | control the matter and
the provisional voter shall be deemed to | 18 | | be registered to vote. If the
provisional voter's signature on | 19 | | his or her provisional ballot request varies
from the signature | 20 | | on
an otherwise valid registration application solely because | 21 | | of the substitution
of initials for the first or middle name, | 22 | | the election authority may not reject
the provisional ballot.
| 23 | | (d) In validating the registration status of a person | 24 | | casting a provisional
ballot, the county clerk or board of | 25 | | election commissioners shall not require a
provisional voter to | 26 | | complete any form other than the affidavit executed by the
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| 1 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 2 | | addition,
the
county clerk or board of election commissioners | 3 | | shall not require all
provisional voters or
any particular | 4 | | class or group of provisional voters to appear personally | 5 | | before
the county clerk or board of election commissioners or | 6 | | as a matter of policy
require provisional voters to submit | 7 | | additional information to verify or
otherwise support the | 8 | | information already submitted by the provisional voter.
The | 9 | | provisional voter may, within 2 calendar days after the | 10 | | election, submit
additional information to the county clerk or | 11 | | board of election commissioners , except that in the case of | 12 | | provisional voting under subsection (a)(4) of Section 18A-5, | 13 | | the provisional voter has 10 days to provide the county clerk | 14 | | or board of election commissioners with the required photo | 15 | | identification card .
This information must be received by the | 16 | | county clerk or board of election
commissioners within the | 17 | | applicable 2-calendar-day or 10-calendar-day period.
| 18 | | (e) If the county clerk or board of election commissioners | 19 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 20 | | apply, then the provisional
ballot is not valid
and may not be | 21 | | counted. The provisional ballot envelope containing the ballot
| 22 | | cast by the provisional voter may not be opened. The county | 23 | | clerk or board of
election commissioners shall write on the | 24 | | provisional ballot envelope the
following: "Provisional ballot | 25 | | determined invalid.".
| 26 | | (f) If the county clerk or board of election commissioners |
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| 1 | | determines that a
provisional ballot is valid under this | 2 | | Section, then the provisional ballot
envelope shall be opened. | 3 | | The outside of each provisional ballot
envelope shall
also be
| 4 | | marked to identify the precinct and the date of the election.
| 5 | | (g) Provisional ballots determined to be valid shall be | 6 | | counted at the election authority's central ballot counting | 7 | | location and shall not be counted in precincts. The provisional | 8 | | ballots determined to be valid shall be added to the
vote
| 9 | | totals for the precincts from which they were cast in the order | 10 | | in which the
ballots were opened.
The validation and counting | 11 | | of provisional ballots shall be subject to the
provisions of | 12 | | this Code that apply to pollwatchers.
If the provisional | 13 | | ballots are a ballot of a punch card
voting system, then the | 14 | | provisional ballot shall be counted in a manner
consistent with | 15 | | Article 24A. If the provisional ballots
are a ballot of optical | 16 | | scan or other type of approved electronic voting
system, then | 17 | | the provisional ballots shall be counted in a manner consistent
| 18 | | with Article 24B.
| 19 | | (h) As soon as the ballots have been counted, the election | 20 | | judges or
election officials shall, in
the presence of the | 21 | | county clerk or board of election commissioners, place each
of | 22 | | the following items in a separate envelope or bag: (1) all | 23 | | provisional
ballots, voted or spoiled; (2)
all provisional | 24 | | ballot envelopes of provisional ballots voted or spoiled; and
| 25 | | (3) all executed affidavits
of the provisional ballots voted or | 26 | | spoiled.
All provisional ballot envelopes for provisional |
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| 1 | | voters who have been
determined
not to be registered to vote | 2 | | shall remain sealed. The county clerk or board of
election | 3 | | commissioners shall treat the provisional ballot envelope | 4 | | containing
the written affidavit as a voter registration | 5 | | application for that person for
the next election and process | 6 | | that application.
The election judges or election officials | 7 | | shall then
securely
seal each envelope or bag, initial the | 8 | | envelope or bag, and plainly mark on the
outside of the | 9 | | envelope or bag in ink the precinct in which the provisional
| 10 | | ballots were cast. The election judges or election officials | 11 | | shall then place
each sealed envelope or
bag into a box, secure | 12 | | and seal it in the same manner as described in
item (6) of | 13 | | subsection (b) of Section 18A-5. Each election judge or | 14 | | election
official shall take and subscribe an oath
before the | 15 | | county clerk or
board of election commissioners that the | 16 | | election judge or election official
securely kept the
ballots | 17 | | and papers in the box, did not permit any person to open the | 18 | | box or
otherwise touch or tamper with the ballots and papers in | 19 | | the box, and has no
knowledge of any other person opening the | 20 | | box.
For purposes of this Section, the term "election official" | 21 | | means the county
clerk, a member of the board of election | 22 | | commissioners, as the case may be, and
their respective | 23 | | employees.
| 24 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 25 | | 94-1000, eff. 7-3-06.)
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| 1 | | (10 ILCS 5/19A-35)
| 2 | | Sec. 19A-35. Procedure for voting.
| 3 | | (a) Not more than 23 days before the start of the election, | 4 | | the county clerk
shall make available to the election official | 5 | | conducting early voting by
personal
appearance a sufficient | 6 | | number of early ballots, envelopes, and printed voting
| 7 | | instruction slips for the use of early voters. The election | 8 | | official shall
receipt for all ballots received and shall | 9 | | return unused or spoiled ballots at
the close of the early | 10 | | voting period to the county clerk and must strictly
account for | 11 | | all ballots received. The ballots delivered to the election
| 12 | | official must include early ballots for each precinct in the | 13 | | election
authority's jurisdiction and must include separate | 14 | | ballots for each political
subdivision conducting an election | 15 | | of officers or a referendum at that
election.
| 16 | | (b) In conducting early voting under this Article, the | 17 | | election judge or official is
required to verify the signature | 18 | | of the early voter by comparison with the
signature on the
| 19 | | official registration card, and the judge or official must | 20 | | verify (i) the identity
of the applicant, (ii) that the | 21 | | applicant is a registered voter, (iii) the
precinct in which | 22 | | the applicant is registered, and (iv) the proper ballots of
the | 23 | | political subdivision in which the applicant resides and is | 24 | | entitled to
vote before providing an early ballot to the | 25 | | applicant.
The applicant's identity must be verified by the | 26 | | applicant's presentation of a government-issued photo |
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| 1 | | identification card, as defined in Section 3-6, or his or her | 2 | | Voter Identification Card an Illinois driver's license, a | 3 | | non-driver identification card issued by the Illinois | 4 | | Secretary of State, a photo identification card issued by a | 5 | | university or college, or another government-issued | 6 | | identification document containing the applicant's photograph . | 7 | | The election judge or official
must verify the applicant's | 8 | | registration from the most recent poll list
provided by the
| 9 | | election authority, and if the applicant is not listed on that | 10 | | poll list, by
telephoning the office of the election authority.
| 11 | | (b-5) A person requesting an early voting ballot to whom an | 12 | | absentee ballot was issued may vote early if the person submits | 13 | | that absentee ballot to the judges of election or official | 14 | | conducting early voting for cancellation. If the voter is | 15 | | unable to submit the absentee ballot, it shall be sufficient | 16 | | for the voter to submit to the judges or official (i) a portion | 17 | | of the absentee ballot if the absentee ballot was torn or | 18 | | mutilated or (ii) an affidavit executed before the judges or | 19 | | official specifying that (A) the voter never received an | 20 | | absentee ballot or (B) the voter completed and returned an | 21 | | absentee ballot and was informed that the election authority | 22 | | did not receive that absentee ballot. | 23 | | (b-10) Within one day after a voter casts an early voting | 24 | | ballot, the election authority shall transmit the voter's name, | 25 | | street address, and precinct, ward, township, and district | 26 | | numbers, as the case may be, to the State Board of Elections, |
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| 1 | | which shall maintain those names and that information in an | 2 | | electronic format on its website, arranged by county and | 3 | | accessible to State and local political committees. | 4 | | (b-15) Immediately after voting an early ballot, the voter | 5 | | shall be instructed whether the voting equipment accepted or | 6 | | rejected the ballot or identified that ballot as under-voted | 7 | | for a statewide constitutional office. A voter whose ballot is | 8 | | identified as under-voted may return to the voting booth and | 9 | | complete the voting of that ballot. A voter whose early voting | 10 | | ballot is not accepted by the voting equipment may, upon | 11 | | surrendering the ballot, request and vote another early voting | 12 | | ballot. The voter's surrendered ballot
shall be initialed by | 13 | | the election judge or official conducting the early voting and | 14 | | handled as provided in the appropriate
Article governing the | 15 | | voting equipment used.
| 16 | | (c) The sealed early ballots in their carrier envelope | 17 | | shall be delivered by
the election authority to the central | 18 | | ballot counting location before the close of the
polls on the | 19 | | day of the election.
| 20 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
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