Full Text of HB4224 94th General Assembly
HB4224 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4224
Introduced 12/06/05, by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/17-9 |
from Ch. 46, par. 17-9 |
10 ILCS 5/18-5 |
from Ch. 46, par. 18-5 |
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Amends the Election Code. Requires that a person seeking to vote in person on election day present a government-issued photo identification to the election judge.
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A BILL FOR
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HB4224 |
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LRB094 15715 JAM 50925 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 17-9 and 18-5 as follows: | 6 |
| (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | 7 |
| Sec. 17-9. Any person desiring to vote shall (i) present to | 8 |
| the judges of election for verification of the person's | 9 |
| identity his or her Illinois driver's license, his or her | 10 |
| non-driver identification card issued by the Illinois | 11 |
| Secretary of State, or another government-issued | 12 |
| identification document containing his or her photograph and | 13 |
| (ii) give his name and, if
required to do so, his residence to | 14 |
| the judges of election, one of whom
shall thereupon announce | 15 |
| the same in a loud and distinct tone of voice,
clear, and | 16 |
| audible; the judges of elections shall check each application
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| for ballot against the list of voters registered in that | 18 |
| precinct to
whom absentee
or early
ballots have been issued for | 19 |
| that election, which shall be
provided by the election | 20 |
| authority and which list shall be available for
inspection by | 21 |
| pollwatchers. A voter applying to vote in the
precinct on | 22 |
| election day whose name appears on the list as having
been | 23 |
| issued an absentee
or early
ballot shall not be permitted to | 24 |
| vote in the
precinct. All applicable provisions of Articles
4, | 25 |
| 5 or 6 shall be complied with and if such name is found on the | 26 |
| register of
voters by the
officer having charge thereof, he | 27 |
| shall likewise repeat said name, and
the voter shall be allowed | 28 |
| to enter within the proximity of the voting
booths, as above | 29 |
| provided. One of the judges shall give the voter one,
and only | 30 |
| one of each ballot to be voted at the election, on the back of
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| which ballots such judge shall indorse his initials in such | 32 |
| manner that
they may be seen when each such ballot is properly |
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HB4224 |
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LRB094 15715 JAM 50925 b |
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| folded, and the
voter's name shall be immediately checked on | 2 |
| the register list. In those
election jurisdictions where | 3 |
| perforated ballot cards are utilized of the
type on which | 4 |
| write-in votes can be cast above the perforation, the election
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| authority shall provide a space both above and below the | 6 |
| perforation for
the judge's initials, and the judge shall | 7 |
| endorse his or her initials in
both spaces. Whenever
a proposal | 8 |
| for a constitutional amendment or for the calling of a
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| constitutional convention is to be voted upon at the election, | 10 |
| the
separate blue ballot or ballots pertaining thereto shall, | 11 |
| when being
handed to the voter, be placed on top of the other | 12 |
| ballots to be voted
at the election in such manner that the | 13 |
| legend appearing on the back
thereof, as prescribed in Section | 14 |
| 16-6 of this Act, shall be plainly
visible to the voter. At all | 15 |
| elections, when a registry may be
required, if the name of any | 16 |
| person so desiring to vote at such election
is not found on the | 17 |
| register of voters, he or she shall not receive a ballot
until | 18 |
| he or she shall have complied with the law prescribing the | 19 |
| manner and
conditions of voting by unregistered voters. If any | 20 |
| person desiring to
vote at any election shall be challenged, he | 21 |
| or she shall not receive a ballot
until he or she shall have | 22 |
| established his right to vote in the manner provided
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| hereinafter; and if he or she shall be challenged after he has | 24 |
| received his
ballot, he shall not be permitted to vote until he | 25 |
| or she has fully complied
with such requirements of the law | 26 |
| upon being challenged. Besides the
election officer, not more | 27 |
| than 2 voters in excess of the whole number
of voting booths | 28 |
| provided shall be allowed within the proximity of the voting
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| booths at one
time. The provisions of this Act, so far as they | 30 |
| require the
registration of voters as a condition to their | 31 |
| being allowed to vote
shall not apply to persons otherwise | 32 |
| entitled to vote, who are, at the
time of the election, or at | 33 |
| any time within 60 days prior to such
election have been | 34 |
| engaged in the military or naval service of the
United States, | 35 |
| and who appear personally at the polling place on
election day | 36 |
| and produce to the judges of election satisfactory evidence
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HB4224 |
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| thereof, but such persons, if otherwise qualified to vote, | 2 |
| shall be
permitted to vote at such election without previous | 3 |
| registration.
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| All such persons shall also make an affidavit which shall | 5 |
| be in
substantially the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ............... Precinct .......... Ward
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| I, ...., do solemnly swear (or affirm) that I am a citizen | 11 |
| of the
United States, of the age of 18 years or over, and that | 12 |
| within the past
60 days prior to the date of this election at | 13 |
| which I am applying to
vote, I have been engaged in the .... | 14 |
| (military or naval) service of the
United States; and I am | 15 |
| qualified to vote under and by virtue of the
Constitution and | 16 |
| laws of the State of Illinois, and that I am a legally
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| qualified voter of this precinct and ward except that I have, | 18 |
| because of
such service, been unable to register as a voter; | 19 |
| that I now reside at
.... (insert street and number, if any) in | 20 |
| this precinct and ward; that I
have maintained a legal | 21 |
| residence in this precinct and ward for 30 days
and in this | 22 |
| State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| The affidavit of any such person shall be supported by the | 28 |
| affidavit
of a resident and qualified voter of any such | 29 |
| precinct and ward, which
affidavit shall be in substantially | 30 |
| the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ........... Precinct ........... Ward
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| I, ...., do solemnly swear (or affirm), that I am a |
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| resident of this
precinct and ward and entitled to vote at this | 2 |
| election; that I am
acquainted with .... (name of the | 3 |
| applicant); that I verily believe him
to be an actual bona fide | 4 |
| resident of this precinct and ward and that I
verily believe | 5 |
| that he or she has maintained a legal residence therein 30 days
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| and in this State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| All affidavits made under the provisions of this Section | 12 |
| shall be
enclosed in a separate envelope securely sealed, and | 13 |
| shall be
transmitted with the returns of the elections to the | 14 |
| county clerk or to
the board of election commissioners, who | 15 |
| shall preserve the said
affidavits for the period of 6 months, | 16 |
| during which period such
affidavits shall be deemed public | 17 |
| records and shall be freely open to
examination as such.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| Sec. 18-5. Any person desiring to vote and whose name is | 21 |
| found upon
the register of voters by the person having charge | 22 |
| thereof, shall (i) present to the judges of election for | 23 |
| verification of the person's identity his or her Illinois | 24 |
| driver's license, his or her non-driver identification card | 25 |
| issued by the Illinois Secretary of State, or another | 26 |
| government-issued identification document containing his or | 27 |
| her photograph, (ii) then
be questioned by one of the judges as | 28 |
| to his nativity, his term of
residence at present address, | 29 |
| precinct, State and United States, his
age, whether naturalized | 30 |
| and if so the date of naturalization papers and
court from | 31 |
| which secured, and (iii)
he shall be asked to state his | 32 |
| residence
when last previously registered and the date of the | 33 |
| election for which
he then registered. The judges of elections | 34 |
| shall check each application
for ballot against the list of |
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| voters registered in that precinct to whom
absentee and early | 2 |
| ballots have been issued for that election, which shall
be | 3 |
| provided
by the election authority and which list shall be | 4 |
| available for inspection
by pollwatchers. A voter applying to | 5 |
| vote in
the precinct on
election day whose name appears on the | 6 |
| list as having been issued an absentee
or early ballot shall | 7 |
| not be permitted to vote in the precinct.
If such person
so | 8 |
| registered shall be challenged as disqualified, the party | 9 |
| challenging
shall assign his reasons therefor, and thereupon | 10 |
| one of the judges shall
administer to him an oath to answer | 11 |
| questions, and if he shall take the
oath he shall then be | 12 |
| questioned by the judge or judges touching such cause
of | 13 |
| challenge, and touching any other cause of disqualification. | 14 |
| And he may
also be questioned by the person challenging him in | 15 |
| regard to his
qualifications and identity. But if a majority of | 16 |
| the judges are of the
opinion that he is the person so | 17 |
| registered and a qualified voter, his vote
shall then be | 18 |
| received accordingly. But if his vote be rejected by such
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| judges, such person may afterward produce and deliver an | 20 |
| affidavit to such
judges, subscribed and sworn to by him before | 21 |
| one of the judges, in which
it shall be stated how long he has | 22 |
| resided in such precinct, and state;
that he is a citizen of | 23 |
| the United States, and is a duly qualified voter in
such | 24 |
| precinct, and that he is the identical person so registered.
In | 25 |
| addition to such an affidavit, the person so challenged shall | 26 |
| provide
to the judges of election proof of residence by | 27 |
| producing 2 forms of
identification showing the person's | 28 |
| current residence address, provided
that such identification | 29 |
| to the person at his current residence address and
postmarked | 30 |
| not earlier than 30 days prior to the date of the
election, or | 31 |
| the person shall procure a witness personally known to the
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| judges of election, and resident in the precinct (or district), | 33 |
| or who
shall be proved by some legal voter of such precinct or | 34 |
| district, known to
the judges to be such, who shall take the | 35 |
| oath following, viz:
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| I do solemnly swear (or affirm) that I am a resident of |
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| this election
precinct (or district), and entitled to vote at | 2 |
| this election, and that I
have been a resident of this State | 3 |
| for 30 days last past, and am well
acquainted with the person | 4 |
| whose vote is now offered; that he is an actual
and bona fide | 5 |
| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, | 7 |
| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the | 9 |
| judges of
election, or by any officer, resident in the precinct | 10 |
| or district,
authorized by law to administer oaths. Also | 11 |
| supported by an affidavit by a
registered voter residing in | 12 |
| such precinct, stating his own residence, and
that he knows | 13 |
| such person; and that he does reside at the place mentioned
and | 14 |
| has resided in such precinct and state for the length of time | 15 |
| as stated
by such person, which shall be subscribed and sworn | 16 |
| to in the same way.
Whereupon the vote of such person shall be | 17 |
| received, and entered as other
votes. But such judges, having | 18 |
| charge of such registers, shall state in
their respective books | 19 |
| the facts in such case, and the affidavits, so
delivered to the | 20 |
| judges, shall be preserved and returned to the office of
the | 21 |
| commissioners of election. Blank affidavits of the character | 22 |
| aforesaid
shall be sent out to the judges of all the precincts, | 23 |
| and the judges of
election shall furnish the same on demand and | 24 |
| administer the oaths without
criticism. Such oaths, if | 25 |
| administered by any other officer than such judge
of election, | 26 |
| shall not be received. Whenever a proposal for a
constitutional | 27 |
| amendment or for the calling of a constitutional convention
is | 28 |
| to be voted upon at the election, the separate blue ballot or | 29 |
| ballots
pertaining thereto shall be placed on top of the other | 30 |
| ballots to be voted
at the election in such manner that the | 31 |
| legend appearing on the back
thereof, as prescribed in Section | 32 |
| 16-6 of this Act, shall be plainly
visible to the voter, and in | 33 |
| this fashion the ballots shall be handed to
the voter by the | 34 |
| judge.
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| The voter shall, upon quitting the voting booth, deliver to | 36 |
| one of
the judges of election all of the ballots, properly |
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LRB094 15715 JAM 50925 b |
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| folded, which he
received. The judge of election to whom the | 2 |
| voter delivers his ballots
shall not accept the same unless all | 3 |
| of the ballots given to the voter
are returned by him. If a | 4 |
| voter delivers less than all of the ballots
given to him, the | 5 |
| judge to whom the same are offered shall advise him in
a voice | 6 |
| clearly audible to the other judges of election that the voter
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| must return the remainder of the ballots. The statement of the | 8 |
| judge to
the voter shall clearly express the fact that the | 9 |
| voter is not required
to vote such remaining ballots but that | 10 |
| whether or not he votes them he
must fold and deliver them to | 11 |
| the judge. In making such statement the
judge of election shall | 12 |
| not indicate by word, gesture or intonation of
voice that the | 13 |
| unreturned ballots shall be voted in any particular
manner. No | 14 |
| new voter shall be permitted to enter the voting booth of a
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| voter who has failed to deliver the total number of ballots | 16 |
| received by
him until such voter has returned to the voting | 17 |
| booth pursuant to the
judge's request and again quit the booth | 18 |
| with all of the ballots
required to be returned by him. Upon | 19 |
| receipt of all such ballots the
judges of election shall enter | 20 |
| the name of the voter, and his number, as
above provided in | 21 |
| this Section, and the judge to whom the ballots are
delivered | 22 |
| shall immediately put the ballots into the ballot box. If any
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| voter who has failed to deliver all the ballots received by him | 24 |
| refuses
to return to the voting booth after being advised by | 25 |
| the judge of
election as herein provided, the judge shall | 26 |
| inform the other judges of
such refusal, and thereupon the | 27 |
| ballot or ballots returned to the judge
shall be deposited in | 28 |
| the ballot box, the voter shall be permitted to
depart from the | 29 |
| polling place, and a new voter shall be permitted to
enter the | 30 |
| voting booth.
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| The judge of election who receives the ballot or ballots | 32 |
| from the
voter shall announce the residence and name of such | 33 |
| voter in a loud
voice. The judge shall put the ballot or | 34 |
| ballots received from the voter
into the ballot box in the | 35 |
| presence of the voter and the judges of
election, and in plain | 36 |
| view of the public. The judges having charge of
such registers |
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| shall then, in a column prepared thereon, in the same
line of, | 2 |
| the name of the voter, mark "Voted" or the letter "V".
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| No judge of election shall accept from any voter less than | 4 |
| the full
number of ballots received by such voter without first | 5 |
| advising the
voter in the manner above provided of the | 6 |
| necessity of returning all of
the ballots, nor shall any such | 7 |
| judge advise such voter in a manner
contrary to that which is | 8 |
| herein permitted, or in any other manner
violate the provisions | 9 |
| of this Section; provided, that the acceptance by
a judge of | 10 |
| election of less than the full number of ballots delivered to
a | 11 |
| voter who refuses to return to the voting booth after being | 12 |
| properly
advised by such judge shall not be a violation of this | 13 |
| Section.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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