Illinois 2023-2024 Regular Session

Illinois House Bill HB2928 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2928 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-14 new10 ILCS 5/3-8 new10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18A-5 10 ILCS 5/18A-15 10 ILCS 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35 Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning the receipt of vote by mail ballots, provides that an election authority shall appoint panels as needed of 3 election judges from the list of election judges submitted by the county parties to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. Provides the procedure for verifying or rejecting the signature. Provides that if a vote by mail ballot is rejected, the election authority shall notify the voter within 2 days after the rejection or within one day if the rejection occurs after election day and in all cases before the close of the period for counting provisional ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. LRB103 27837 BMS 54215 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2928 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-14 new10 ILCS 5/3-8 new10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18A-5 10 ILCS 5/18A-15 10 ILCS 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35 10 ILCS 5/1-14 new 10 ILCS 5/3-8 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 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35 Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning the receipt of vote by mail ballots, provides that an election authority shall appoint panels as needed of 3 election judges from the list of election judges submitted by the county parties to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. Provides the procedure for verifying or rejecting the signature. Provides that if a vote by mail ballot is rejected, the election authority shall notify the voter within 2 days after the rejection or within one day if the rejection occurs after election day and in all cases before the close of the period for counting provisional ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. LRB103 27837 BMS 54215 b LRB103 27837 BMS 54215 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2928 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/1-14 new10 ILCS 5/3-8 new10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18A-5 10 ILCS 5/18A-15 10 ILCS 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35 10 ILCS 5/1-14 new 10 ILCS 5/3-8 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 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35
4	4	10 ILCS 5/1-14 new
5	5	10 ILCS 5/3-8 new
6	6	10 ILCS 5/17-9 from Ch. 46, par. 17-9
7	7	10 ILCS 5/18-5 from Ch. 46, par. 18-5
8	8	10 ILCS 5/18A-5
9	9	10 ILCS 5/18A-15
10	10	10 ILCS 5/19-7 from Ch. 46, par. 19-7
11	11	10 ILCS 5/19A-35
12	12	Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning the receipt of vote by mail ballots, provides that an election authority shall appoint panels as needed of 3 election judges from the list of election judges submitted by the county parties to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. Provides the procedure for verifying or rejecting the signature. Provides that if a vote by mail ballot is rejected, the election authority shall notify the voter within 2 days after the rejection or within one day if the rejection occurs after election day and in all cases before the close of the period for counting provisional ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened.
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15	15	A BILL FOR
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17	17	HB2928 LRB103 27837 BMS 54215 b
18	18	1 AN ACT concerning elections.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Election Code is amended by changing
22	22	5 Sections 17-9, 18-5, 18A-5, 18A-15, 19-7, and 19A-35 and by
23	23	6 adding Sections 1-14 and 3-8 as follows:
24	24	7 (10 ILCS 5/1-14 new)
25	25	8 Sec. 1-14. Voter Identification Card.
26	26	9 (a) Issuance. The Secretary of State shall issue a Voter
27	27	10 Identification Card to each registered voter who does not have
28	28	11 an acceptable form of photo identification card as defined in
29	29	12 Section 3-8. The Voter Identification Card shall include at
30	30	13 least: (i) the voter's name, signature, and photograph; (ii)
31	31	14 the State seal; and (iii) the voter's current residence
32	32	15 address. A Voter Identification Card is valid for as long as
33	33	16 the registered voter maintains the name and residence on the
34	34	17 Card. A Voter Identification Card may not be used for any
35	35	18 purpose other than to vote in Illinois.
36	36	19 (b) Intent and purpose. It is the intent of the General
37	37	20 Assembly to provide the Secretary of State with guidance on
38	38	21 how to issue the Voter Identification Card to those
39	39	22 individuals who do not have an acceptable form of photo
40	40	23 identification as defined in Section 3-8.
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2928 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
45	45	10 ILCS 5/1-14 new10 ILCS 5/3-8 new10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18A-5 10 ILCS 5/18A-15 10 ILCS 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35 10 ILCS 5/1-14 new 10 ILCS 5/3-8 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 5/19-7 from Ch. 46, par. 19-7 10 ILCS 5/19A-35
46	46	10 ILCS 5/1-14 new
47	47	10 ILCS 5/3-8 new
48	48	10 ILCS 5/17-9 from Ch. 46, par. 17-9
49	49	10 ILCS 5/18-5 from Ch. 46, par. 18-5
50	50	10 ILCS 5/18A-5
51	51	10 ILCS 5/18A-15
52	52	10 ILCS 5/19-7 from Ch. 46, par. 19-7
53	53	10 ILCS 5/19A-35
54	54	Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning the receipt of vote by mail ballots, provides that an election authority shall appoint panels as needed of 3 election judges from the list of election judges submitted by the county parties to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. Provides the procedure for verifying or rejecting the signature. Provides that if a vote by mail ballot is rejected, the election authority shall notify the voter within 2 days after the rejection or within one day if the rejection occurs after election day and in all cases before the close of the period for counting provisional ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened.
55	55	LRB103 27837 BMS 54215 b LRB103 27837 BMS 54215 b
56	56	LRB103 27837 BMS 54215 b
57	57	A BILL FOR
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63	63	10 ILCS 5/1-14 new
64	64	10 ILCS 5/3-8 new
65	65	10 ILCS 5/17-9 from Ch. 46, par. 17-9
66	66	10 ILCS 5/18-5 from Ch. 46, par. 18-5
67	67	10 ILCS 5/18A-5
68	68	10 ILCS 5/18A-15
69	69	10 ILCS 5/19-7 from Ch. 46, par. 19-7
70	70	10 ILCS 5/19A-35
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89	89	1 (c) Application for the Voter Identification Card. Within
90	90	2 a reasonable time after the effective date of this amendatory
91	91	3 Act of the 103rd General Assembly, the Secretary of State
92	92	4 shall provide application forms for the Voter Identification
93	93	5 Card. Any registered voter who meets the criteria set forth in
94	94	6 this Section and who provides the proper documentation
95	95	7 required under subsection (d) shall receive a Voter
96	96	8 Identification Card.
97	97	9 (d) Documentation required. The Secretary of State shall
98	98	10 require the presentation and verification of the following
99	99	11 information for issuance of a Voter Registration Card:
100	100	12 (1) A photo identity document, except that a non-photo
101	101	13 identity document, as defined in subsection (e), is
102	102	14 acceptable if it includes both the applicant's name and
103	103	15 date of birth.
104	104	16 (2) Documentation showing the applicant's date of
105	105	17 birth.
106	106	18 (3) Evidence of voter registration.
107	107	19 (4) Documentation, as defined in subsection (f),
108	108	20 showing the applicant's name and principal residence
109	109	21 address.
110	110	22 (e) Non-photo identity document. A non-photo identity
111	111	23 document must include the applicant's name and date of birth.
112	112	24 Any of the following shall constitute a non-photo identity
113	113	25 document in lieu of a photo identity document:
114	114	26 (1) An original birth certificate or certified copy of
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125	125	1 a birth certificate.
126	126	2 (2) A voter registration card.
127	127	3 (3) A copy of records filed in court by the applicant
128	128	4 or on behalf of the applicant by the applicant's counsel.
129	129	5 (4) A naturalization document.
130	130	6 (5) A copy of the applicant's marriage license.
131	131	7 (6) A copy of the State or federal tax return filed by
132	132	8 the applicant for the previous calendar year.
133	133	9 (7) An original of the annual Social Security
134	134	10 statement received by the applicant for the current or
135	135	11 preceding calendar year.
136	136	12 (8) An original of a Medicare or Medicaid statement
137	137	13 received by the applicant.
138	138	14 (9) A certified school record or transcript for the
139	139	15 current or preceding calendar year.
140	140	16 (f) Documentation of name and address. Any of the
141	141	17 following documents shall be acceptable as documentation of
142	142	18 the applicant's name and current address:
143	143	19 (1) A voter registration card.
144	144	20 (2) A utility bill or cable bill.
145	145	21 (3) A bank statement issued within the last 60 days.
146	146	22 (4) A valid and current rental agreement.
147	147	23 (5) A copy of the State or federal tax return filed by
148	148	24 the applicant for the previous calendar year.
149	149	25 (6) A homeowner's insurance policy or bill for the
150	150	26 current or preceding year.
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161	161	1 (7) A mortgage, deed, or property tax bill for the
162	162	2 current or preceding year.
163	163	3 (8) A W-2 for the preceding calendar year.
164	164	4 (g) Exemptions. Voters who are indigent and unable to
165	165	5 obtain a Voter Identification Card without a fee and voters
166	166	6 who have a religious objection to being photographed may vote
167	167	7 a provisional ballot and sign an affidavit that indicates one
168	168	8 of the exemptions stated in this subsection. An indigent
169	169	9 person is defined as an individual whose income is 125% or less
170	170	10 of current federal poverty income guidelines.
171	171	11 (10 ILCS 5/3-8 new)
172	172	12 Sec. 3-8. Acceptable forms of photo identification for
173	173	13 voting purposes. As used in this Code, acceptable forms of
174	174	14 photo identification for voting purposes include:
175	175	15 (1) An Illinois Driver's License.
176	176	16 (2) A State Identification Card.
177	177	17 (3) An Illinois Disabled Person Identification Card.
178	178	18 (4) A Senior Citizen Identification Card.
179	179	19 (5) A FOID Card.
180	180	20 (6) A U.S. Passport with the voter's current address.
181	181	21 (7) Any other government-issued identification card
182	182	22 that includes the voter's name, current photograph, and
183	183	23 current address.
184	184	24 All photo identification cards must be valid and current.
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195	195	1 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
196	196	2 Sec. 17-9. Any person desiring to vote shall (i) present
197	197	3 to the judges of election for verification of the person's
198	198	4 identity a government-issued photo identification card, as
199	199	5 defined in Section 3-8, or his or her Voter Identification
200	200	6 Card and (ii) give his name and, if required to do so, his
201	201	7 residence to the judges of election, one of whom shall
202	202	8 thereupon announce the same in a loud and distinct tone of
203	203	9 voice, clear, and audible; the judges of elections shall check
204	204	10 each application for ballot against the list of voters
205	205	11 registered in that precinct to whom grace period, vote by
206	206	12 mail, or early ballots have been issued for that election,
207	207	13 which shall be provided by the election authority and which
208	208	14 list shall be available for inspection by pollwatchers. A
209	209	15 voter applying to vote in the precinct on election day whose
210	210	16 name appears on the list as having been issued a grace period,
211	211	17 vote by mail, or early ballot shall not be permitted to vote in
212	212	18 the precinct, except that a voter to whom a vote by mail ballot
213	213	19 was issued may vote in the precinct if the voter submits to the
214	214	20 election judges that vote by mail ballot for cancellation. If
215	215	21 the voter is unable to submit the vote by mail ballot, it shall
216	216	22 be sufficient for the voter to submit to the election judges
217	217	23 (i) a portion of the vote by mail ballot if the vote by mail
218	218	24 ballot was torn or mutilated or (ii) an affidavit executed
219	219	25 before the election judges specifying that (A) the voter never
220	220	26 received a vote by mail ballot or (B) the voter completed and
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231	231	1 returned a vote by mail ballot and was informed that the
232	232	2 election authority did not receive that vote by mail ballot.
233	233	3 All applicable provisions of Articles 4, 5 or 6 shall be
234	234	4 complied with and if such name is found on the register of
235	235	5 voters by the officer having charge thereof, he shall likewise
236	236	6 repeat said name, and the voter shall be allowed to enter
237	237	7 within the proximity of the voting booths, as above provided.
238	238	8 One of the judges shall give the voter one, and only one of
239	239	9 each ballot to be voted at the election, on the back of which
240	240	10 ballots such judge shall indorse his initials in such manner
241	241	11 that they may be seen when each such ballot is properly folded,
242	242	12 and the voter's name shall be immediately checked on the
243	243	13 register list. In those election jurisdictions where
244	244	14 perforated ballot cards are utilized of the type on which
245	245	15 write-in votes can be cast above the perforation, the election
246	246	16 authority shall provide a space both above and below the
247	247	17 perforation for the judge's initials, and the judge shall
248	248	18 endorse his or her initials in both spaces. Whenever a
249	249	19 proposal for a constitutional amendment or for the calling of
250	250	20 a constitutional convention is to be voted upon at the
251	251	21 election, the separate blue ballot or ballots pertaining
252	252	22 thereto shall, when being handed to the voter, be placed on top
253	253	23 of the other ballots to be voted at the election in such manner
254	254	24 that the legend appearing on the back thereof, as prescribed
255	255	25 in Section 16-6 of this Act, shall be plainly visible to the
256	256	26 voter. At all elections, when a registry may be required, if
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267	267	1 the name of any person so desiring to vote at such election is
268	268	2 not found on the register of voters, he or she shall not
269	269	3 receive a ballot until he or she shall have complied with the
270	270	4 law prescribing the manner and conditions of voting by
271	271	5 unregistered voters. If any person desiring to vote at any
272	272	6 election shall be challenged, he or she shall not receive a
273	273	7 ballot until he or she shall have established his right to vote
274	274	8 in the manner provided hereinafter; and if he or she shall be
275	275	9 challenged after he has received his ballot, he shall not be
276	276	10 permitted to vote until he or she has fully complied with such
277	277	11 requirements of the law upon being challenged. Besides the
278	278	12 election officer, not more than 2 voters in excess of the whole
279	279	13 number of voting booths provided shall be allowed within the
280	280	14 proximity of the voting booths at one time. The provisions of
281	281	15 this Act, so far as they require the registration of voters as
282	282	16 a condition to their being allowed to vote shall not apply to
283	283	17 persons otherwise entitled to vote, who are, at the time of the
284	284	18 election, or at any time within 60 days prior to such election
285	285	19 have been engaged in the military or naval service of the
286	286	20 United States, and who appear personally at the polling place
287	287	21 on election day and produce to the judges of election
288	288	22 satisfactory evidence thereof, but such persons, if otherwise
289	289	23 qualified to vote, shall be permitted to vote at such election
290	290	24 without previous registration.
291	291	25 All such persons shall also make an affidavit which shall
292	292	26 be in substantially the following form:
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303	303	1 State of Illinois,)
304	304	2 ) ss.
305	305	3 County of ........)
306	306	4 ............... Precinct .......... Ward
307	307	5 I, ...., do solemnly swear (or affirm) that I am a citizen
308	308	6 of the United States, of the age of 18 years or over, and that
309	309	7 within the past 60 days prior to the date of this election at
310	310	8 which I am applying to vote, I have been engaged in the ....
311	311	9 (military or naval) service of the United States; and I am
312	312	10 qualified to vote under and by virtue of the Constitution and
313	313	11 laws of the State of Illinois, and that I am a legally
314	314	12 qualified voter of this precinct and ward except that I have,
315	315	13 because of such service, been unable to register as a voter;
316	316	14 that I now reside at .... (insert street and number, if any) in
317	317	15 this precinct and ward; that I have maintained a legal
318	318	16 residence in this precinct and ward for 30 days and in this
319	319	17 State 30 days next preceding this election.
320	320	18 .........................
321	321	19 Subscribed and sworn to before me on (insert date).
322	322	20 .........................
323	323	21 Judge of Election.
324	324	22 The affidavit of any such person shall be supported by the
325	325	23 affidavit of a resident and qualified voter of any such
326	326	24 precinct and ward, which affidavit shall be in substantially
327	327	25 the following form:
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335	335	.........................
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339	339	Judge of Election.
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344	344	1 State of Illinois,)
345	345	2 ) ss.
346	346	3 County of ........)
347	347	4 ........... Precinct ........... Ward
348	348	5 I, ...., do solemnly swear (or affirm), that I am a
349	349	6 resident of this precinct and ward and entitled to vote at this
350	350	7 election; that I am acquainted with .... (name of the
351	351	8 applicant); that I verily believe him to be an actual bona fide
352	352	9 resident of this precinct and ward and that I verily believe
353	353	10 that he or she has maintained a legal residence therein 30 days
354	354	11 and in this State 30 days next preceding this election.
355	355	12 .........................
356	356	13 Subscribed and sworn to before me on (insert date).
357	357	14 .........................
358	358	15 Judge of Election.
359	359	16 All affidavits made under the provisions of this Section
360	360	17 shall be enclosed in a separate envelope securely sealed, and
361	361	18 shall be transmitted with the returns of the elections to the
362	362	19 county clerk or to the board of election commissioners, who
363	363	20 shall preserve the said affidavits for the period of 6 months,
364	364	21 during which period such affidavits shall be deemed public
365	365	22 records and shall be freely open to examination as such.
366	366	23 (Source: P.A. 98-1171, eff. 6-1-15.)
367	367	24 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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379	379	Judge of Election.
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384	384	1 Sec. 18-5. Any person desiring to vote and whose name is
385	385	2 found upon the register of voters by the person having charge
386	386	3 thereof, shall (i) present to the judges of election for
387	387	4 verification of the person's identity a government-issued
388	388	5 photo identification card, as defined in Section 3-8, or his
389	389	6 or her Voter Identification Card, (ii) shall then be
390	390	7 questioned by one of the judges as to his nativity, his term of
391	391	8 residence at present address, precinct, State and United
392	392	9 States, his age, whether naturalized and if so the date of
393	393	10 naturalization papers and court from which secured, and (iii)
394	394	11 he shall be asked to state his residence when last previously
395	395	12 registered and the date of the election for which he then
396	396	13 registered. The judges of elections shall check each
397	397	14 application for ballot against the list of voters registered
398	398	15 in that precinct to whom grace period, vote by mail, and early
399	399	16 ballots have been issued for that election, which shall be
400	400	17 provided by the election authority and which list shall be
401	401	18 available for inspection by pollwatchers. A voter applying to
402	402	19 vote in the precinct on election day whose name appears on the
403	403	20 list as having been issued a grace period, vote by mail, or
404	404	21 early ballot shall not be permitted to vote in the precinct,
405	405	22 except that a voter to whom a vote by mail ballot was issued
406	406	23 may vote in the precinct if the voter submits to the election
407	407	24 judges that vote by mail ballot for cancellation. If the voter
408	408	25 is unable to submit the vote by mail ballot, it shall be
409	409	26 sufficient for the voter to submit to the election judges (i) a
410	410
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420	420	1 portion of the vote by mail ballot if the vote by mail ballot
421	421	2 was torn or mutilated or (ii) an affidavit executed before the
422	422	3 election judges specifying that (A) the voter never received a
423	423	4 vote by mail ballot or (B) the voter completed and returned a
424	424	5 vote by mail ballot and was informed that the election
425	425	6 authority did not receive that vote by mail ballot. If such
426	426	7 person so registered shall be challenged as disqualified, the
427	427	8 party challenging shall assign his reasons therefor, and
428	428	9 thereupon one of the judges shall administer to him an oath to
429	429	10 answer questions, and if he shall take the oath he shall then
430	430	11 be questioned by the judge or judges touching such cause of
431	431	12 challenge, and touching any other cause of disqualification.
432	432	13 And he may also be questioned by the person challenging him in
433	433	14 regard to his qualifications and identity. But if a majority
434	434	15 of the judges are of the opinion that he is the person so
435	435	16 registered and a qualified voter, his vote shall then be
436	436	17 received accordingly. But if his vote be rejected by such
437	437	18 judges, such person may afterward produce and deliver an
438	438	19 affidavit to such judges, subscribed and sworn to by him
439	439	20 before one of the judges, in which it shall be stated how long
440	440	21 he has resided in such precinct, and state; that he is a
441	441	22 citizen of the United States, and is a duly qualified voter in
442	442	23 such precinct, and that he is the identical person so
443	443	24 registered. In addition to such an affidavit, the person so
444	444	25 challenged shall provide to the judges of election proof of
445	445	26 residence by producing 2 forms of identification showing the
446	446
447	447
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456	456	1 person's current residence address, provided that such
457	457	2 identification may include a lease or contract for a residence
458	458	3 and not more than one piece of mail addressed to the person at
459	459	4 his current residence address and postmarked not earlier than
460	460	5 30 days prior to the date of the election, or the person shall
461	461	6 procure a witness personally known to the judges of election,
462	462	7 and resident in the precinct (or district), or who shall be
463	463	8 proved by some legal voter of such precinct or district, known
464	464	9 to the judges to be such, who shall take the oath following,
465	465	10 viz:
466	466	11 I do solemnly swear (or affirm) that I am a resident of
467	467	12 this election precinct (or district), and entitled to vote at
468	468	13 this election, and that I have been a resident of this State
469	469	14 for 30 days last past, and am well acquainted with the person
470	470	15 whose vote is now offered; that he is an actual and bona fide
471	471	16 resident of this election precinct (or district), and has
472	472	17 resided herein 30 days, and as I verily believe, in this State,
473	473	18 30 days next preceding this election.
474	474	19 The oath in each case may be administered by one of the
475	475	20 judges of election, or by any officer, resident in the
476	476	21 precinct or district, authorized by law to administer oaths.
477	477	22 Also supported by an affidavit by a registered voter residing
478	478	23 in such precinct, stating his own residence, and that he knows
479	479	24 such person; and that he does reside at the place mentioned and
480	480	25 has resided in such precinct and state for the length of time
481	481	26 as stated by such person, which shall be subscribed and sworn
482	482
483	483
484	484
485	485
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492	492	1 to in the same way. For purposes of this Section, the
493	493	2 submission of a photo identification issued by a college or
494	494	3 university, accompanied by either (i) a copy of the
495	495	4 applicant's contract or lease for a residence or (ii) one
496	496	5 piece of mail addressed to the person at his or her current
497	497	6 residence address and postmarked not earlier than 30 days
498	498	7 prior to the date of the election, shall be sufficient to
499	499	8 establish proof of residence. Whereupon the vote of such
500	500	9 person shall be received, and entered as other votes. But such
501	501	10 judges, having charge of such registers, shall state in their
502	502	11 respective books the facts in such case, and the affidavits,
503	503	12 so delivered to the judges, shall be preserved and returned to
504	504	13 the office of the commissioners of election. Blank affidavits
505	505	14 of the character aforesaid shall be sent out to the judges of
506	506	15 all the precincts, and the judges of election shall furnish
507	507	16 the same on demand and administer the oaths without criticism.
508	508	17 Such oaths, if administered by any other officer than such
509	509	18 judge of election, shall not be received. Whenever a proposal
510	510	19 for a constitutional amendment or for the calling of a
511	511	20 constitutional convention is to be voted upon at the election,
512	512	21 the separate blue ballot or ballots pertaining thereto shall
513	513	22 be placed on top of the other ballots to be voted at the
514	514	23 election in such manner that the legend appearing on the back
515	515	24 thereof, as prescribed in Section 16-6 of this Act, shall be
516	516	25 plainly visible to the voter, and in this fashion the ballots
517	517	26 shall be handed to the voter by the judge.
518	518
519	519
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528	528	1 Immediately after voting, the voter shall be instructed
529	529	2 whether the voting equipment, if used, accepted or rejected
530	530	3 the ballot or identified the ballot as under-voted. A voter
531	531	4 whose ballot is identified as under-voted for a statewide
532	532	5 constitutional office may return to the voting booth and
533	533	6 complete the voting of that ballot. A voter whose ballot is not
534	534	7 accepted by the voting equipment may, upon surrendering the
535	535	8 ballot, request and vote another ballot. The voter's
536	536	9 surrendered ballot shall be initialed by the election judge
537	537	10 and handled as provided in the appropriate Article governing
538	538	11 that voting equipment.
539	539	12 The voter shall, upon quitting the voting booth, deliver
540	540	13 to one of the judges of election all of the ballots, properly
541	541	14 folded, which he received. The judge of election to whom the
542	542	15 voter delivers his ballots shall not accept the same unless
543	543	16 all of the ballots given to the voter are returned by him. If a
544	544	17 voter delivers less than all of the ballots given to him, the
545	545	18 judge to whom the same are offered shall advise him in a voice
546	546	19 clearly audible to the other judges of election that the voter
547	547	20 must return the remainder of the ballots. The statement of the
548	548	21 judge to the voter shall clearly express the fact that the
549	549	22 voter is not required to vote such remaining ballots but that
550	550	23 whether or not he votes them he must fold and deliver them to
551	551	24 the judge. In making such statement the judge of election
552	552	25 shall not indicate by word, gesture or intonation of voice
553	553	26 that the unreturned ballots shall be voted in any particular
554	554
555	555
556	556
557	557
558	558
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561	561
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564	564	1 manner. No new voter shall be permitted to enter the voting
565	565	2 booth of a voter who has failed to deliver the total number of
566	566	3 ballots received by him until such voter has returned to the
567	567	4 voting booth pursuant to the judge's request and again quit
568	568	5 the booth with all of the ballots required to be returned by
569	569	6 him. Upon receipt of all such ballots the judges of election
570	570	7 shall enter the name of the voter, and his number, as above
571	571	8 provided in this Section, and the judge to whom the ballots are
572	572	9 delivered shall immediately put the ballots into the ballot
573	573	10 box. If any voter who has failed to deliver all the ballots
574	574	11 received by him refuses to return to the voting booth after
575	575	12 being advised by the judge of election as herein provided, the
576	576	13 judge shall inform the other judges of such refusal, and
577	577	14 thereupon the ballot or ballots returned to the judge shall be
578	578	15 deposited in the ballot box, the voter shall be permitted to
579	579	16 depart from the polling place, and a new voter shall be
580	580	17 permitted to enter the voting booth.
581	581	18 The judge of election who receives the ballot or ballots
582	582	19 from the voter shall announce the residence and name of such
583	583	20 voter in a loud voice. The judge shall put the ballot or
584	584	21 ballots received from the voter into the ballot box in the
585	585	22 presence of the voter and the judges of election, and in plain
586	586	23 view of the public. The judges having charge of such registers
587	587	24 shall then, in a column prepared thereon, in the same line of,
588	588	25 the name of the voter, mark "Voted" or the letter "V".
589	589	26 No judge of election shall accept from any voter less than
590	590
591	591
592	592
593	593
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600	600	1 the full number of ballots received by such voter without
601	601	2 first advising the voter in the manner above provided of the
602	602	3 necessity of returning all of the ballots, nor shall any such
603	603	4 judge advise such voter in a manner contrary to that which is
604	604	5 herein permitted, or in any other manner violate the
605	605	6 provisions of this Section; provided, that the acceptance by a
606	606	7 judge of election of less than the full number of ballots
607	607	8 delivered to a voter who refuses to return to the voting booth
608	608	9 after being properly advised by such judge shall not be a
609	609	10 violation of this Section.
610	610	11 (Source: P.A. 98-1171, eff. 6-1-15.)
611	611	12 (10 ILCS 5/18A-5)
612	612	13 Sec. 18A-5. Provisional voting; general provisions.
613	613	14 (a) A person who claims to be a registered voter is
614	614	15 entitled to cast a provisional ballot under the following
615	615	16 circumstances:
616	616	17 (1) The person's name does not appear on the official
617	617	18 list of eligible voters for the precinct in which the
618	618	19 person seeks to vote and the person has refused an
619	619	20 opportunity to register at the polling location or another
620	620	21 grace period registration site. The official list is the
621	621	22 centralized statewide voter registration list established
622	622	23 and maintained in accordance with Section 1A-25;
623	623	24 (2) The person's voting status has been challenged by
624	624	25 an election judge, a pollwatcher, or any legal voter and
625	625
626	626
627	627
628	628
629	629
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631	631
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635	635	1 that challenge has been sustained by a majority of the
636	636	2 election judges;
637	637	3 (3) A federal or State court order extends the time
638	638	4 for closing the polls beyond the time period established
639	639	5 by State law and the person votes during the extended time
640	640	6 period;
641	641	7 (4) The voter registered to vote by mail and is
642	642	8 required by law to present identification when voting
643	643	9 either in person, in the case of a voter who registered by
644	644	10 mail, when voting or by early voting ballot, but fails to
645	645	11 provide an acceptable form of photo identification as
646	646	12 described in Section 3-8, or a Voter Identification Card
647	647	13 issued under Section 1-14 do so;
648	648	14 (5) The voter's name appears on the list of voters who
649	649	15 voted during the early voting period, but the voter claims
650	650	16 not to have voted during the early voting period;
651	651	17 (6) The voter received a vote by mail ballot but did
652	652	18 not return the vote by mail ballot to the election
653	653	19 authority; or
654	654	20 (7) The voter attempted to register to vote on
655	655	21 election day, but failed to provide the necessary
656	656	22 documentation.
657	657	23 (b) The procedure for obtaining and casting a provisional
658	658	24 ballot at the polling place shall be as follows:
659	659	25 (1) After first verifying through an examination of
660	660	26 the precinct register that the person's address is within
661	661
662	662
663	663
664	664
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671	671	1 the precinct boundaries, an election judge at the polling
672	672	2 place shall notify a person who is entitled to cast a
673	673	3 provisional ballot pursuant to subsection (a) that he or
674	674	4 she may cast a provisional ballot in that election. An
675	675	5 election judge must accept any information provided by a
676	676	6 person who casts a provisional ballot that the person
677	677	7 believes supports his or her claim that he or she is a duly
678	678	8 registered voter and qualified to vote in the election.
679	679	9 However, if the person's residence address is outside the
680	680	10 precinct boundaries, the election judge shall inform the
681	681	11 person of that fact, give the person the appropriate
682	682	12 telephone number of the election authority in order to
683	683	13 locate the polling place assigned to serve that address,
684	684	14 and instruct the person to go to the proper polling place
685	685	15 to vote.
686	686	16 (2) The person shall execute a written form provided
687	687	17 by the election judge that shall state or contain all of
688	688	18 the following that is available:
689	689	19 (i) an affidavit stating the following:
690	690	20 State of Illinois, County of ................,
691	691	21 Township ............., Precinct ........, Ward
692	692	22 ........, I, ......................., do solemnly
693	693	23 swear (or affirm) that: I am a citizen of the
694	694	24 United States; I am 18 years of age or older; I
695	695	25 have resided in this State and in this precinct
696	696	26 for 30 days preceding this election; I have not
697	697
698	698
699	699
700	700
701	701
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707	707	1 voted in this election; I am a duly registered
708	708	2 voter in every respect; and I am eligible to vote
709	709	3 in this election. Signature ...... Printed Name of
710	710	4 Voter ....... Printed Residence Address of Voter
711	711	5 ...... City ...... State .... Zip Code .....
712	712	6 Telephone Number ...... Date of Birth ....... and
713	713	7 Illinois Driver's License Number ....... or Last 4
714	714	8 digits of Social Security Number ...... or State
715	715	9 Identification Card Number issued to you by the
716	716	10 Illinois Secretary of State ........
717	717	11 (ii) A box for the election judge to check one of
718	718	12 the reasons why the person was given a provisional
719	719	13 ballot under subsection (a) of this Section.
720	720	14 (iii) An area for the election judge to affix his
721	721	15 or her signature and to set forth any facts that
722	722	16 support or oppose the allegation that the person is
723	723	17 not qualified to vote in the precinct in which the
724	724	18 person is seeking to vote.
725	725	19 The written affidavit form described in this
726	726	20 subsection (b)(2) must be printed on a multi-part form
727	727	21 prescribed by the county clerk or board of election
728	728	22 commissioners, as the case may be.
729	729	23 (3) After the person executes the portion of the
730	730	24 written affidavit described in subsection (b)(2)(i) of
731	731	25 this Section, the election judge shall complete the
732	732	26 portion of the written affidavit described in subsection
733	733
734	734
735	735
736	736
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739	739
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743	743	1 (b)(2)(iii) and (b)(2)(iv).
744	744	2 (4) The election judge shall give a copy of the
745	745	3 completed written affidavit to the person. The election
746	746	4 judge shall place the original written affidavit in a
747	747	5 self-adhesive clear plastic packing list envelope that
748	748	6 must be attached to a separate envelope marked as a
749	749	7 "provisional ballot envelope". The election judge shall
750	750	8 also place any information provided by the person who
751	751	9 casts a provisional ballot in the clear plastic packing
752	752	10 list envelope. Each county clerk or board of election
753	753	11 commissioners, as the case may be, must design, obtain or
754	754	12 procure self-adhesive clear plastic packing list envelopes
755	755	13 and provisional ballot envelopes that are suitable for
756	756	14 implementing this subsection (b)(4) of this Section.
757	757	15 (5) The election judge shall provide the person with a
758	758	16 provisional ballot, written instructions for casting a
759	759	17 provisional ballot, and the provisional ballot envelope
760	760	18 with the clear plastic packing list envelope affixed to
761	761	19 it, which contains the person's original written affidavit
762	762	20 and, if any, information provided by the provisional voter
763	763	21 to support his or her claim that he or she is a duly
764	764	22 registered voter. An election judge must also give the
765	765	23 person written information that states that any person who
766	766	24 casts a provisional ballot shall be able to ascertain,
767	767	25 pursuant to guidelines established by the State Board of
768	768	26 Elections, whether the provisional vote was counted in the
769	769
770	770
771	771
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779	779	1 official canvass of votes for that election and, if the
780	780	2 provisional vote was not counted, the reason that the vote
781	781	3 was not counted.
782	782	4 (6) After the person has completed marking his or her
783	783	5 provisional ballot, he or she shall place the marked
784	784	6 ballot inside of the provisional ballot envelope, close
785	785	7 and seal the envelope, and return the envelope to an
786	786	8 election judge, who shall then deposit the sealed
787	787	9 provisional ballot envelope into a securable container
788	788	10 separately identified and utilized for containing sealed
789	789	11 provisional ballot envelopes. Ballots that are provisional
790	790	12 because they are cast after 7:00 p.m. by court order shall
791	791	13 be kept separate from other provisional ballots. Upon the
792	792	14 closing of the polls, the securable container shall be
793	793	15 sealed with filament tape provided for that purpose, which
794	794	16 shall be wrapped around the box lengthwise and crosswise,
795	795	17 at least twice each way, and each of the election judges
796	796	18 shall sign the seal.
797	797	19 (c) Instead of the affidavit form described in subsection
798	798	20 (b), the county clerk or board of election commissioners, as
799	799	21 the case may be, may design and use a multi-part affidavit form
800	800	22 that is imprinted upon or attached to the provisional ballot
801	801	23 envelope described in subsection (b). If a county clerk or
802	802	24 board of election commissioners elects to design and use its
803	803	25 own multi-part affidavit form, then the county clerk or board
804	804	26 of election commissioners shall establish a mechanism for
805	805
806	806
807	807
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811	811
812	812
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815	815	1 accepting any information the provisional voter has supplied
816	816	2 to the election judge to support his or her claim that he or
817	817	3 she is a duly registered voter. In all other respects, a county
818	818	4 clerk or board of election commissioners shall establish
819	819	5 procedures consistent with subsection (b).
820	820	6 (d) The county clerk or board of election commissioners,
821	821	7 as the case may be, shall use the completed affidavit form
822	822	8 described in subsection (b) to update the person's voter
823	823	9 registration information in the State voter registration
824	824	10 database and voter registration database of the county clerk
825	825	11 or board of election commissioners, as the case may be. If a
826	826	12 person is later determined not to be a registered voter based
827	827	13 on Section 18A-15 of this Code, then the affidavit shall be
828	828	14 processed by the county clerk or board of election
829	829	15 commissioners, as the case may be, as a voter registration
830	830	16 application.
831	831	17 (Source: P.A. 100-201, eff. 8-18-17.)
832	832	18 (10 ILCS 5/18A-15)
833	833	19 Sec. 18A-15. Validating and counting provisional ballots.
834	834	20 (a) The county clerk or board of election commissioners
835	835	21 shall complete the validation and counting of provisional
836	836	22 ballots within 14 calendar days of the day of the election. The
837	837	23 county clerk or board of election commissioners shall have 7
838	838	24 calendar days from the completion of the validation and
839	839	25 counting of provisional ballots to conduct its final canvass.
840	840
841	841
842	842
843	843
844	844
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846	846
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850	850	1 The State Board of Elections shall complete within 31 calendar
851	851	2 days of the election or sooner if all the returns are received,
852	852	3 its final canvass of the vote for all public offices.
853	853	4 (b) If a county clerk or board of election commissioners
854	854	5 determines that all of the following apply, then a provisional
855	855	6 ballot is valid and shall be counted as a vote:
856	856	7 (1) the provisional voter cast the provisional ballot
857	857	8 in the correct precinct based on the address provided by
858	858	9 the provisional voter. The provisional voter's affidavit
859	859	10 shall serve as a change of address request by that voter
860	860	11 for registration purposes for the next ensuing election if
861	861	12 it bears an address different from that in the records of
862	862	13 the election authority. Votes for federal and statewide
863	863	14 offices on a provisional ballot cast in the incorrect
864	864	15 precinct that meet the other requirements of this
865	865	16 subsection shall be valid and counted in accordance with
866	866	17 this Article. As used in this item, "federal office" is
867	867	18 defined as provided in Section 20-1 and "statewide office"
868	868	19 means the Governor, Attorney General, Secretary of State,
869	869	20 Comptroller, and Treasurer. Votes for General Assembly,
870	870	21 countywide, citywide, or township office on a provisional
871	871	22 ballot cast in the incorrect precinct but in the correct
872	872	23 legislative district, representative district, county,
873	873	24 municipality, or township, as the case may be, shall be
874	874	25 valid and counted in accordance with this Article. As used
875	875	26 in this item, "citywide office" means an office elected by
876	876
877	877
878	878
879	879
880	880
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882	882
883	883
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886	886	1 the electors of an entire municipality. As used in this
887	887	2 item, "township office" means an office elected by the
888	888	3 electors of an entire township;
889	889	4 (2) the affidavit executed by the provisional voter
890	890	5 pursuant to subsection (b)(2) of Section 18A-5 contains,
891	891	6 at a minimum, the provisional voter's first and last name,
892	892	7 house number and street name, and signature or mark;
893	893	8 (3) except as permitted by item (5) of subsection (b)
894	894	9 of this Section, the provisional voter is a registered
895	895	10 voter based on information available to the county clerk
896	896	11 or board of election commissioners provided by or obtained
897	897	12 from any of the following:
898	898	13 i. the provisional voter;
899	899	14 ii. an election judge;
900	900	15 iii. the statewide voter registration database
901	901	16 maintained by the State Board of Elections;
902	902	17 iv. the records of the county clerk or board of
903	903	18 election commissioners' database; or
904	904	19 v. the records of the Secretary of State; and
905	905	20 (4) for a provisional ballot cast under item (6) of
906	906	21 subsection (a) of Section 18A-5, the voter did not vote by
907	907	22 mail ballot in the election at which the provisional
908	908	23 ballot was cast; or
909	909	24 (5) for a provisional ballot cast under item (7) of
910	910	25 subsection (a) of Section 18A-5, the voter provides the
911	911	26 election authority with the necessary documentation within
912	912
913	913
914	914
915	915
916	916
917	917	HB2928 - 24 - LRB103 27837 BMS 54215 b
918	918
919	919
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921	921	HB2928 - 25 - LRB103 27837 BMS 54215 b
922	922	1 7 days of election day.
923	923	2 (c) With respect to subsection (b)(3) of this Section, the
924	924	3 county clerk or board of election commissioners shall
925	925	4 investigate and record whether or not the specified
926	926	5 information is available from each of the 5 identified
927	927	6 sources. If the information is available from one or more of
928	928	7 the identified sources, then the county clerk or board of
929	929	8 election commissioners shall seek to obtain the information
930	930	9 from each of those sources until satisfied, with information
931	931	10 from at least one of those sources, that the provisional voter
932	932	11 is registered and entitled to vote. The county clerk or board
933	933	12 of election commissioners shall use any information it obtains
934	934	13 as the basis for determining the voter registration status of
935	935	14 the provisional voter. If a conflict exists among the
936	936	15 information available to the county clerk or board of election
937	937	16 commissioners as to the registration status of the provisional
938	938	17 voter, then the county clerk or board of election
939	939	18 commissioners shall make a determination based on the totality
940	940	19 of the circumstances. In a case where the above information
941	941	20 equally supports or opposes the registration status of the
942	942	21 voter, the county clerk or board of election commissioners
943	943	22 shall decide in favor of the provisional voter as being duly
944	944	23 registered to vote. If the statewide voter registration
945	945	24 database maintained by the State Board of Elections indicates
946	946	25 that the provisional voter is registered to vote, but the
947	947	26 county clerk's or board of election commissioners' voter
948	948
949	949
950	950
951	951
952	952
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954	954
955	955
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957	957	HB2928 - 26 - LRB103 27837 BMS 54215 b
958	958	1 registration database indicates that the provisional voter is
959	959	2 not registered to vote, then the information found in the
960	960	3 statewide voter registration database shall control the matter
961	961	4 and the provisional voter shall be deemed to be registered to
962	962	5 vote. If the records of the county clerk or board of election
963	963	6 commissioners indicates that the provisional voter is
964	964	7 registered to vote, but the statewide voter registration
965	965	8 database maintained by the State Board of Elections indicates
966	966	9 that the provisional voter is not registered to vote, then the
967	967	10 information found in the records of the county clerk or board
968	968	11 of election commissioners shall control the matter and the
969	969	12 provisional voter shall be deemed to be registered to vote. If
970	970	13 the provisional voter's signature on his or her provisional
971	971	14 ballot request varies from the signature on an otherwise valid
972	972	15 registration application solely because of the substitution of
973	973	16 initials for the first or middle name, the election authority
974	974	17 may not reject the provisional ballot.
975	975	18 (d) In validating the registration status of a person
976	976	19 casting a provisional ballot, the county clerk or board of
977	977	20 election commissioners shall not require a provisional voter
978	978	21 to complete any form other than the affidavit executed by the
979	979	22 provisional voter under subsection (b)(2) of Section 18A-5. In
980	980	23 addition, the county clerk or board of election commissioners
981	981	24 shall not require all provisional voters or any particular
982	982	25 class or group of provisional voters to appear personally
983	983	26 before the county clerk or board of election commissioners or
984	984
985	985
986	986
987	987
988	988
989	989	HB2928 - 26 - LRB103 27837 BMS 54215 b
990	990
991	991
992	992	HB2928- 27 -LRB103 27837 BMS 54215 b HB2928 - 27 - LRB103 27837 BMS 54215 b
993	993	HB2928 - 27 - LRB103 27837 BMS 54215 b
994	994	1 as a matter of policy require provisional voters to submit
995	995	2 additional information to verify or otherwise support the
996	996	3 information already submitted by the provisional voter. Within
997	997	4 2 calendar days after the election, the election authority
998	998	5 shall transmit by electronic means pursuant to a process
999	999	6 established by the State Board of Elections the name, street
1000	1000	7 address, e-mail address, and precinct, ward, township, and
1001	1001	8 district numbers, as the case may be, of each person casting a
1002	1002	9 provisional ballot to the State Board of Elections, which
1003	1003	10 shall maintain those names and that information in an
1004	1004	11 electronic format on its website, arranged by county and
1005	1005	12 accessible to State and local political committees. The
1006	1006	13 provisional voter may, within 7 calendar days after the
1007	1007	14 election, submit additional information to the county clerk or
1008	1008	15 board of election commissioners, except that in the case of
1009	1009	16 provisional voting under paragraph (4) of subsection (a) of
1010	1010	17 Section 18A-5, the provisional voter has 10 days to provide
1011	1011	18 the county clerk or board of election commissioners with the
1012	1012	19 required photo identification card. This information must be
1013	1013	20 received by the county clerk or board of election
1014	1014	21 commissioners within the applicable 7-calendar-day or
1015	1015	22 10-calendar-day period.
1016	1016	23 (e) If the county clerk or board of election commissioners
1017	1017	24 determines that subsection (b)(1), (b)(2), or (b)(3) does not
1018	1018	25 apply, then the provisional ballot is not valid and may not be
1019	1019	26 counted. The provisional ballot envelope containing the ballot
1020	1020
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025	HB2928 - 27 - LRB103 27837 BMS 54215 b
1026	1026
1027	1027
1028	1028	HB2928- 28 -LRB103 27837 BMS 54215 b HB2928 - 28 - LRB103 27837 BMS 54215 b
1029	1029	HB2928 - 28 - LRB103 27837 BMS 54215 b
1030	1030	1 cast by the provisional voter may not be opened. The county
1031	1031	2 clerk or board of election commissioners shall write on the
1032	1032	3 provisional ballot envelope the following: "Provisional ballot
1033	1033	4 determined invalid.".
1034	1034	5 (f) If the county clerk or board of election commissioners
1035	1035	6 determines that a provisional ballot is valid under this
1036	1036	7 Section, then the provisional ballot envelope shall be opened.
1037	1037	8 The outside of each provisional ballot envelope shall also be
1038	1038	9 marked to identify the precinct and the date of the election.
1039	1039	10 (g) Provisional ballots determined to be valid shall be
1040	1040	11 counted at the election authority's central ballot counting
1041	1041	12 location and shall not be counted in precincts. The
1042	1042	13 provisional ballots determined to be valid shall be added to
1043	1043	14 the vote totals for the precincts from which they were cast in
1044	1044	15 the order in which the ballots were opened. The validation and
1045	1045	16 counting of provisional ballots shall be subject to the
1046	1046	17 provisions of this Code that apply to pollwatchers. If the
1047	1047	18 provisional ballots are a ballot of a punch card voting
1048	1048	19 system, then the provisional ballot shall be counted in a
1049	1049	20 manner consistent with Article 24A. If the provisional ballots
1050	1050	21 are a ballot of optical scan or other type of approved
1051	1051	22 electronic voting system, then the provisional ballots shall
1052	1052	23 be counted in a manner consistent with Article 24B.
1053	1053	24 (h) As soon as the ballots have been counted, the election
1054	1054	25 judges or election officials shall, in the presence of the
1055	1055	26 county clerk or board of election commissioners, place each of
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061	HB2928 - 28 - LRB103 27837 BMS 54215 b
1062	1062
1063	1063
1064	1064	HB2928- 29 -LRB103 27837 BMS 54215 b HB2928 - 29 - LRB103 27837 BMS 54215 b
1065	1065	HB2928 - 29 - LRB103 27837 BMS 54215 b
1066	1066	1 the following items in a separate envelope or bag: (1) all
1067	1067	2 provisional ballots, voted or spoiled; (2) all provisional
1068	1068	3 ballot envelopes of provisional ballots voted or spoiled; and
1069	1069	4 (3) all executed affidavits of the provisional ballots voted
1070	1070	5 or spoiled. All provisional ballot envelopes for provisional
1071	1071	6 voters who have been determined not to be registered to vote
1072	1072	7 shall remain sealed. The county clerk or board of election
1073	1073	8 commissioners shall treat the provisional ballot envelope
1074	1074	9 containing the written affidavit as a voter registration
1075	1075	10 application for that person for the next election and process
1076	1076	11 that application. The election judges or election officials
1077	1077	12 shall then securely seal each envelope or bag, initial the
1078	1078	13 envelope or bag, and plainly mark on the outside of the
1079	1079	14 envelope or bag in ink the precinct in which the provisional
1080	1080	15 ballots were cast. The election judges or election officials
1081	1081	16 shall then place each sealed envelope or bag into a box, secure
1082	1082	17 and seal it in the same manner as described in item (6) of
1083	1083	18 subsection (b) of Section 18A-5. Each election judge or
1084	1084	19 election official shall take and subscribe an oath before the
1085	1085	20 county clerk or board of election commissioners that the
1086	1086	21 election judge or election official securely kept the ballots
1087	1087	22 and papers in the box, did not permit any person to open the
1088	1088	23 box or otherwise touch or tamper with the ballots and papers in
1089	1089	24 the box, and has no knowledge of any other person opening the
1090	1090	25 box. For purposes of this Section, the term "election
1091	1091	26 official" means the county clerk, a member of the board of
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097	HB2928 - 29 - LRB103 27837 BMS 54215 b
1098	1098
1099	1099
1100	1100	HB2928- 30 -LRB103 27837 BMS 54215 b HB2928 - 30 - LRB103 27837 BMS 54215 b
1101	1101	HB2928 - 30 - LRB103 27837 BMS 54215 b
1102	1102	1 election commissioners, as the case may be, and their
1103	1103	2 respective employees.
1104	1104	3 (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1105	1105	4 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
1106	1106	5 (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
1107	1107	6 Sec. 19-7. (a) Upon receipt of such vote by mail voter's
1108	1108	7 ballot, the election authority shall forthwith enclose the
1109	1109	8 same unopened, together with the application made by said vote
1110	1110	9 by mail voter in a large or carrier envelope which shall be
1111	1111	10 securely sealed and endorsed with the name and official title
1112	1112	11 of such officer and the words, "This envelope contains a vote
1113	1113	12 by mail ballot and must be opened on election day," together
1114	1114	13 with the number and description of the precinct in which said
1115	1115	14 ballot is to be voted, and such officer shall thereafter
1116	1116	15 safely keep the same in his office until counted by him as
1117	1117	16 provided in the next section.
1118	1118	17 (b) Within one day after receipt of such vote by mail
1119	1119	18 voter's ballot, the election authority shall transmit, by
1120	1120	19 electronic means pursuant to a process established by the
1121	1121	20 State Board of Elections, the voter's name, street address,
1122	1122	21 e-mail address, and precinct, ward, township, and district
1123	1123	22 numbers, as the case may be, to the State Board of Elections,
1124	1124	23 which shall maintain those names and that information in an
1125	1125	24 electronic format on its website, arranged by county and
1126	1126	25 accessible to State and local political committees.
1127	1127
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132	HB2928 - 30 - LRB103 27837 BMS 54215 b
1133	1133
1134	1134
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1136	1136	HB2928 - 31 - LRB103 27837 BMS 54215 b
1137	1137	1 (c) Notwithstanding any other provision of law to the
1138	1138	2 contrary, within 2 days after a vote by mail ballot is
1139	1139	3 received, but in all cases before the close of the period for
1140	1140	4 counting provisional ballots, the election authority shall
1141	1141	5 appoint panels as needed of 3 election judges, of which no more
1142	1142	6 than 2 shall be from the same political party, from the list of
1143	1143	7 election judges submitted by the county parties for this
1144	1144	8 specific purpose to compare the voter's signature on the
1145	1145	9 certification envelope of the vote by mail ballot with the
1146	1146	10 signature of the voter on file in the office of the election
1147	1147	11 authority. The signature shall be presumed to match unless 3
1148	1148	12 out of 3 election judges determine that the 2 signatures do not
1149	1149	13 match. A vote by mail ballot may only be rejected by a vote of
1150	1150	14 3 of 3 election judges and only for the following reasons: (1)
1151	1151	15 the signature on the certification envelope and the signature
1152	1152	16 used by the election authority for verification purposes do
1153	1153	17 not match or the certification envelope contains no signature;
1154	1154	18 (2) the ballot envelope was delivered opened; (3) the voter
1155	1155	19 has already cast a ballot; (4) if the voter voted in person on
1156	1156	20 election day; or (5) the voter is not a duly registered voter
1157	1157	21 in the precinct. If 3 of 3 election judges determine the ballot
1158	1158	22 should be rejected for any reasons stated in this subsection
1159	1159	23 (c), the judges shall mark across the face of the
1160	1160	24 certification envelope the word "rejected" and the date and
1161	1161	25 names of the judges voting to reject the ballot.
1162	1162	26 (d) If a vote by mail ballot is rejected, the election
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168	HB2928 - 31 - LRB103 27837 BMS 54215 b
1169	1169
1170	1170
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1172	1172	HB2928 - 32 - LRB103 27837 BMS 54215 b
1173	1173	1 authority shall notify the voter within 2 days after the
1174	1174	2 rejection or within one day if the rejection occurs after
1175	1175	3 election day and in all cases before the close of the period
1176	1176	4 for counting provisional ballots. The voter shall be notified
1177	1177	5 through mail or email, or both, and the notice shall inform the
1178	1178	6 voter of the reason or reasons the ballot was rejected. If the
1179	1179	7 ballot was rejected based on the signature or lack of a
1180	1180	8 signature, the voter shall be permitted to submit a statement
1181	1181	9 the voter cast the ballot, and upon receipt the ballot shall be
1182	1182	10 determined valid and counted before the close of the period
1183	1183	11 for counting provisional ballots. If the ballot was rejected
1184	1184	12 because the envelope was delivered opened, the voter shall be
1185	1185	13 permitted to vote in person or request to receive another vote
1186	1186	14 by mail ballot, provided the voter submits an application and
1187	1187	15 casts a new ballot prior to the close of polls on election day.
1188	1188	16 (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
1189	1189	17 (10 ILCS 5/19A-35)
1190	1190	18 Sec. 19A-35. Procedure for voting.
1191	1191	19 (a) Not more than 23 days before the start of the election,
1192	1192	20 the county clerk shall make available to the election official
1193	1193	21 conducting early voting by personal appearance a sufficient
1194	1194	22 number of early ballots, envelopes, and printed voting
1195	1195	23 instruction slips for the use of early voters. The election
1196	1196	24 official shall receipt for all ballots received and shall
1197	1197	25 return unused or spoiled ballots at the close of the early
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202
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1204	1204
1205	1205
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1207	1207	HB2928 - 33 - LRB103 27837 BMS 54215 b
1208	1208	1 voting period to the county clerk and must strictly account
1209	1209	2 for all ballots received. The ballots delivered to the
1210	1210	3 election official must include early ballots for each precinct
1211	1211	4 in the election authority's jurisdiction and must include
1212	1212	5 separate ballots for each political subdivision conducting an
1213	1213	6 election of officers or a referendum at that election.
1214	1214	7 (b) In conducting early voting under this Article, the
1215	1215	8 election judge or official is required to verify the signature
1216	1216	9 of the early voter by comparison with the signature on the
1217	1217	10 official registration card, and the judge or official must
1218	1218	11 verify (i) that the applicant is a registered voter, (ii) the
1219	1219	12 precinct in which the applicant is registered, and (iii) the
1220	1220	13 proper ballots of the political subdivision in which the
1221	1221	14 applicant resides and is entitled to vote, and (iv) the
1222	1222	15 applicant's identity, which must be verified by the
1223	1223	16 applicant's presentation of a government-issued photo
1224	1224	17 identification card, as defined in Section 3-8, or his or her
1225	1225	18 Voter Identification Card, before providing an early ballot to
1226	1226	19 the applicant. The election judge or official must verify the
1227	1227	20 applicant's registration from the most recent poll list
1228	1228	21 provided by the election authority, and if the applicant is
1229	1229	22 not listed on that poll list, by telephoning the office of the
1230	1230	23 election authority.
1231	1231	24 (b-5) A person requesting an early voting ballot to whom a
1232	1232	25 vote by mail ballot was issued may vote early if the person
1233	1233	26 submits that vote by mail ballot to the judges of election or
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238
1239	1239	HB2928 - 33 - LRB103 27837 BMS 54215 b
1240	1240
1241	1241
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1243	1243	HB2928 - 34 - LRB103 27837 BMS 54215 b
1244	1244	1 official conducting early voting for cancellation. If the
1245	1245	2 voter is unable to submit the vote by mail ballot, it shall be
1246	1246	3 sufficient for the voter to submit to the judges or official
1247	1247	4 (i) a portion of the vote by mail ballot if the vote by mail
1248	1248	5 ballot was torn or mutilated or (ii) an affidavit executed
1249	1249	6 before the judges or official specifying that (A) the voter
1250	1250	7 never received a vote by mail ballot or (B) the voter completed
1251	1251	8 and returned a vote by mail ballot and was informed that the
1252	1252	9 election authority did not receive that vote by mail ballot.
1253	1253	10 (b-10) Within one day after a voter casts an early voting
1254	1254	11 ballot, the election authority shall transmit the voter's
1255	1255	12 name, street address, and precinct, ward, township, and
1256	1256	13 district numbers, as the case may be, to the State Board of
1257	1257	14 Elections, which shall maintain those names and that
1258	1258	15 information in an electronic format on its website, arranged
1259	1259	16 by county and accessible to State and local political
1260	1260	17 committees.
1261	1261	18 (b-15) Immediately after voting an early ballot, the voter
1262	1262	19 shall be instructed whether the voting equipment accepted or
1263	1263	20 rejected the ballot or identified that ballot as under-voted
1264	1264	21 for a statewide constitutional office. A voter whose ballot is
1265	1265	22 identified as under-voted may return to the voting booth and
1266	1266	23 complete the voting of that ballot. A voter whose early voting
1267	1267	24 ballot is not accepted by the voting equipment may, upon
1268	1268	25 surrendering the ballot, request and vote another early voting
1269	1269	26 ballot. The voter's surrendered ballot shall be initialed by
1270	1270
1271	1271
1272	1272
1273	1273
1274	1274
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1276	1276
1277	1277
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1279	1279	HB2928 - 35 - LRB103 27837 BMS 54215 b
1280	1280	1 the election judge or official conducting the early voting and
1281	1281	2 handled as provided in the appropriate Article governing the
1282	1282	3 voting equipment used.
1283	1283	4 (c) The sealed early ballots in their carrier envelope
1284	1284	5 shall be delivered by the election authority to the central
1285	1285	6 ballot counting location before the close of the polls on the
1286	1286	7 day of the election.
1287	1287	8 (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292
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