104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1539 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-510 ILCS 5/18A-1510 ILCS 5/19A-35 Amends the Election Code. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity an Illinois driver's license or an Illinois Identification Card. Provides that a person who claims to be a registered voter is entitled to cast a provisional ballot if the voter fails to provide the required Illinois driver's license or Illinois Identification Card. Provides that a provisional voter has 7 days to provide the county clerk or board of election commissioners with the provisional voter's Illinois driver's license or Illinois Identification Card. Effective immediately. LRB104 08182 SPS 18232 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1539 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-510 ILCS 5/18A-1510 ILCS 5/19A-35 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-15 10 ILCS 5/19A-35 Amends the Election Code. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity an Illinois driver's license or an Illinois Identification Card. Provides that a person who claims to be a registered voter is entitled to cast a provisional ballot if the voter fails to provide the required Illinois driver's license or Illinois Identification Card. Provides that a provisional voter has 7 days to provide the county clerk or board of election commissioners with the provisional voter's Illinois driver's license or Illinois Identification Card. Effective immediately. LRB104 08182 SPS 18232 b LRB104 08182 SPS 18232 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1539 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-510 ILCS 5/18A-1510 ILCS 5/19A-35 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-15 10 ILCS 5/19A-35
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-15
10 ILCS 5/19A-35
Amends the Election Code. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity an Illinois driver's license or an Illinois Identification Card. Provides that a person who claims to be a registered voter is entitled to cast a provisional ballot if the voter fails to provide the required Illinois driver's license or Illinois Identification Card. Provides that a provisional voter has 7 days to provide the county clerk or board of election commissioners with the provisional voter's Illinois driver's license or Illinois Identification Card. Effective immediately.
LRB104 08182 SPS 18232 b LRB104 08182 SPS 18232 b
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A BILL FOR
HB1539LRB104 08182 SPS 18232 b HB1539 LRB104 08182 SPS 18232 b
HB1539 LRB104 08182 SPS 18232 b
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-15, and 19A-35 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
8 to the judges of election for verification of the person's
9 identity an Illinois driver's license or an Illinois
10 Identification Card and (ii) give his name and, if required to
11 do so, his residence to the judges of election, one of whom
12 shall thereupon announce the same in a loud and distinct tone
13 of voice, clear, and audible; the judges of elections shall
14 check each application for ballot against the list of voters
15 registered in that precinct to whom grace period, vote by
16 mail, or early ballots have been issued for that election,
17 which shall be provided by the election authority and which
18 list shall be available for inspection by pollwatchers. A
19 voter applying to vote in the precinct on election day whose
20 name appears on the list as having been issued a grace period,
21 vote by mail, or early ballot shall not be permitted to vote in
22 the precinct, except that a voter to whom a vote by mail ballot
23 was issued may vote in the precinct if the voter submits to the
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB1539 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
10 ILCS 5/17-9 from Ch. 46, par. 17-910 ILCS 5/18-5 from Ch. 46, par. 18-510 ILCS 5/18A-1510 ILCS 5/19A-35 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-15 10 ILCS 5/19A-35
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-15
10 ILCS 5/19A-35
Amends the Election Code. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity an Illinois driver's license or an Illinois Identification Card. Provides that a person who claims to be a registered voter is entitled to cast a provisional ballot if the voter fails to provide the required Illinois driver's license or Illinois Identification Card. Provides that a provisional voter has 7 days to provide the county clerk or board of election commissioners with the provisional voter's Illinois driver's license or Illinois Identification Card. Effective immediately.
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A BILL FOR
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-15
10 ILCS 5/19A-35
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1 election judges that vote by mail ballot for cancellation. If
2 the voter is unable to submit the vote by mail ballot, it shall
3 be sufficient for the voter to submit to the election judges
4 (i) a portion of the vote by mail ballot if the vote by mail
5 ballot was torn or mutilated or (ii) an affidavit executed
6 before the election judges specifying that (A) the voter never
7 received a vote by mail ballot or (B) the voter completed and
8 returned a vote by mail ballot and was informed that the
9 election authority did not receive that vote by mail ballot.
10 All applicable provisions of Articles 4, 5 or 6 shall be
11 complied with and if such name is found on the register of
12 voters by the officer having charge thereof, he shall likewise
13 repeat said name, and the voter shall be allowed to enter
14 within the proximity of the voting booths, as above provided.
15 One of the judges shall give the voter one, and only one of
16 each ballot to be voted at the election, on the back of which
17 ballots such judge shall indorse his initials in such manner
18 that they may be seen when each such ballot is properly folded,
19 and the voter's name shall be immediately checked on the
20 register list. In those election jurisdictions where
21 perforated ballot cards are utilized of the type on which
22 write-in votes can be cast above the perforation, the election
23 authority shall provide a space both above and below the
24 perforation for the judge's initials, and the judge shall
25 endorse his or her initials in both spaces. Whenever a
26 proposal for a constitutional amendment or for the calling of
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1 a constitutional convention is to be voted upon at the
2 election, the separate blue ballot or ballots pertaining
3 thereto shall, when being handed to the voter, be placed on top
4 of the other ballots to be voted at the election in such manner
5 that the legend appearing on the back thereof, as prescribed
6 in Section 16-6 of this Act, shall be plainly visible to the
7 voter. At all elections, when a registry may be required, if
8 the name of any person so desiring to vote at such election is
9 not found on the register of voters, he or she shall not
10 receive a ballot until he or she shall have complied with the
11 law prescribing the manner and conditions of voting by
12 unregistered voters. If any person desiring to vote at any
13 election shall be challenged, he or she shall not receive a
14 ballot until he or she shall have established his right to vote
15 in the manner provided hereinafter; and if he or she shall be
16 challenged after he has received his ballot, he shall not be
17 permitted to vote until he or she has fully complied with such
18 requirements of the law upon being challenged. Besides the
19 election officer, not more than 2 voters in excess of the whole
20 number of voting booths provided shall be allowed within the
21 proximity of the voting booths at one time. The provisions of
22 this Act, so far as they require the registration of voters as
23 a condition to their being allowed to vote shall not apply to
24 persons otherwise entitled to vote, who are, at the time of the
25 election, or at any time within 60 days prior to such election
26 have been engaged in the military or naval service of the
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1 United States, and who appear personally at the polling place
2 on election day and produce to the judges of election
3 satisfactory evidence thereof, but such persons, if otherwise
4 qualified to vote, shall be permitted to vote at such election
5 without previous registration.
6 All such persons shall also make an affidavit which shall
7 be in substantially the following form:
8 State of Illinois,)
9 ) ss.
10 County of ........)
11 ............... Precinct .......... Ward
12 I, ...., do solemnly swear (or affirm) that I am a citizen
13 of the United States, of the age of 18 years or over, and that
14 within the past 60 days prior to the date of this election at
15 which I am applying to vote, I have been engaged in the ....
16 (military or naval) service of the United States; and I am
17 qualified to vote under and by virtue of the Constitution and
18 laws of the State of Illinois, and that I am a legally
19 qualified voter of this precinct and ward except that I have,
20 because of such service, been unable to register as a voter;
21 that I now reside at .... (insert street and number, if any) in
22 this precinct and ward; that I have maintained a legal
23 residence in this precinct and ward for 30 days and in this
24 State 30 days next preceding this election.
25 .........................
26 Subscribed and sworn to before me on (insert date).
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1 .........................
2 Judge of Election.
3 The affidavit of any such person shall be supported by the
4 affidavit of a resident and qualified voter of any such
5 precinct and ward, which affidavit shall be in substantially
6 the following form:
7 State of Illinois,)
8 ) ss.
9 County of ........)
10 ........... Precinct ........... Ward
11 I, ...., do solemnly swear (or affirm), that I am a
12 resident of this precinct and ward and entitled to vote at this
13 election; that I am acquainted with .... (name of the
14 applicant); that I verily believe him to be an actual bona fide
15 resident of this precinct and ward and that I verily believe
16 that he or she has maintained a legal residence therein 30 days
17 and in this State 30 days next preceding this election.
18 .........................
19 Subscribed and sworn to before me on (insert date).
20 .........................
21 Judge of Election.
22 All affidavits made under the provisions of this Section
23 shall be enclosed in a separate envelope securely sealed, and
24 shall be transmitted with the returns of the elections to the
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.........................
Judge of Election.
.........................
.........................
Judge of Election.
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1 county clerk or to the board of election commissioners, who
2 shall preserve the said affidavits for the period of 6 months,
3 during which period such affidavits shall be deemed public
4 records and shall be freely open to examination as such.
5 (Source: P.A. 98-1171, eff. 6-1-15.)
6 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
7 Sec. 18-5. Any person desiring to vote and whose name is
8 found upon the register of voters by the person having charge
9 thereof shall (i) present to the judges of election for
10 verification of the person's identity an Illinois driver's
11 license or an Illinois Identification Card, (ii) , shall then
12 be questioned by one of the judges as to his nativity, his term
13 of residence at present address, precinct, State and United
14 States, his age, whether naturalized and if so the date of
15 naturalization papers and court from which secured, and (iii)
16 he shall be asked to state his residence when last previously
17 registered and the date of the election for which he then
18 registered. The judges of elections shall check each
19 application for ballot against the list of voters registered
20 in that precinct to whom grace period, vote by mail, and early
21 ballots have been issued for that election, which shall be
22 provided by the election authority and which list shall be
23 available for inspection by pollwatchers. A voter applying to
24 vote in the precinct on election day whose name appears on the
25 list as having been issued a grace period, vote by mail, or
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1 early ballot shall not be permitted to vote in the precinct,
2 except that a voter to whom a vote by mail ballot was issued
3 may vote in the precinct if the voter submits to the election
4 judges that vote by mail ballot for cancellation. If the voter
5 is unable to submit the vote by mail ballot, it shall be
6 sufficient for the voter to submit to the election judges (i) a
7 portion of the vote by mail ballot if the vote by mail ballot
8 was torn or mutilated or (ii) an affidavit executed before the
9 election judges specifying that (A) the voter never received a
10 vote by mail ballot or (B) the voter completed and returned a
11 vote by mail ballot and was informed that the election
12 authority did not receive that vote by mail ballot. If such
13 person so registered shall be challenged as disqualified, the
14 party challenging shall assign his reasons therefor, and
15 thereupon one of the judges shall administer to him an oath to
16 answer questions, and if he shall take the oath he shall then
17 be questioned by the judge or judges touching such cause of
18 challenge, and touching any other cause of disqualification.
19 And he may also be questioned by the person challenging him in
20 regard to his qualifications and identity. But if a majority
21 of the judges are of the opinion that he is the person so
22 registered and a qualified voter, his vote shall then be
23 received accordingly. But if his vote be rejected by such
24 judges, such person may afterward produce and deliver an
25 affidavit to such judges, subscribed and sworn to by him
26 before one of the judges, in which it shall be stated how long
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1 he has resided in such precinct, and state; that he is a
2 citizen of the United States, and is a duly qualified voter in
3 such precinct, and that he is the identical person so
4 registered. In addition to such an affidavit, the person so
5 challenged shall provide to the judges of election proof of
6 residence by producing 2 forms of identification showing the
7 person's current residence address, provided that such
8 identification may include a lease or contract for a residence
9 and not more than one piece of mail addressed to the person at
10 his current residence address and postmarked not earlier than
11 30 days prior to the date of the election, or the person shall
12 procure a witness personally known to the judges of election,
13 and resident in the precinct (or district), or who shall be
14 proved by some legal voter of such precinct or district, known
15 to the judges to be such, who shall take the oath following,
16 viz:
17 I do solemnly swear (or affirm) that I am a resident of
18 this election precinct (or district), and entitled to vote at
19 this election, and that I have been a resident of this State
20 for 30 days last past, and am well acquainted with the person
21 whose vote is now offered; that he is an actual and bona fide
22 resident of this election precinct (or district), and has
23 resided herein 30 days, and as I verily believe, in this State,
24 30 days next preceding this election.
25 The oath in each case may be administered by one of the
26 judges of election, or by any officer, resident in the
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1 precinct or district, authorized by law to administer oaths.
2 Also supported by an affidavit by a registered voter residing
3 in such precinct, stating his own residence, and that he knows
4 such person; and that he does reside at the place mentioned and
5 has resided in such precinct and state for the length of time
6 as stated by such person, which shall be subscribed and sworn
7 to in the same way. For purposes of this Section, the
8 submission of a photo identification issued by a college or
9 university, accompanied by either (i) a copy of the
10 applicant's contract or lease for a residence or (ii) one
11 piece of mail addressed to the person at his or her current
12 residence address and postmarked not earlier than 30 days
13 prior to the date of the election, shall be sufficient to
14 establish proof of residence. Whereupon the vote of such
15 person shall be received, and entered as other votes. But such
16 judges, having charge of such registers, shall state in their
17 respective books the facts in such case, and the affidavits,
18 so delivered to the judges, shall be preserved and returned to
19 the office of the commissioners of election. Blank affidavits
20 of the character aforesaid shall be sent out to the judges of
21 all the precincts, and the judges of election shall furnish
22 the same on demand and administer the oaths without criticism.
23 Such oaths, if administered by any other officer than such
24 judge of election, shall not be received. Whenever a proposal
25 for a constitutional amendment or for the calling of a
26 constitutional convention is to be voted upon at the election,
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1 the separate blue ballot or ballots pertaining thereto shall
2 be placed on top of the other ballots to be voted at the
3 election in such manner that the legend appearing on the back
4 thereof, as prescribed in Section 16-6 of this Act, shall be
5 plainly visible to the voter, and in this fashion the ballots
6 shall be handed to the voter by the judge.
7 Immediately after voting, the voter shall be instructed
8 whether the voting equipment, if used, accepted or rejected
9 the ballot or identified the ballot as under-voted. A voter
10 whose ballot is identified as under-voted for a statewide
11 constitutional office may return to the voting booth and
12 complete the voting of that ballot. A voter whose ballot is not
13 accepted by the voting equipment may, upon surrendering the
14 ballot, request and vote another ballot. The voter's
15 surrendered ballot shall be initialed by the election judge
16 and handled as provided in the appropriate Article governing
17 that voting equipment.
18 The voter shall, upon quitting the voting booth, deliver
19 to one of the judges of election all of the ballots, properly
20 folded, which he received. The judge of election to whom the
21 voter delivers his ballots shall not accept the same unless
22 all of the ballots given to the voter are returned by him. If a
23 voter delivers less than all of the ballots given to him, the
24 judge to whom the same are offered shall advise him in a voice
25 clearly audible to the other judges of election that the voter
26 must return the remainder of the ballots. The statement of the
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1 judge to the voter shall clearly express the fact that the
2 voter is not required to vote such remaining ballots but that
3 whether or not he votes them he must fold and deliver them to
4 the judge. In making such statement the judge of election
5 shall not indicate by word, gesture or intonation of voice
6 that the unreturned ballots shall be voted in any particular
7 manner. No new voter shall be permitted to enter the voting
8 booth of a voter who has failed to deliver the total number of
9 ballots received by him until such voter has returned to the
10 voting booth pursuant to the judge's request and again quit
11 the booth with all of the ballots required to be returned by
12 him. Upon receipt of all such ballots the judges of election
13 shall enter the name of the voter, and his number, as above
14 provided in this Section, and the judge to whom the ballots are
15 delivered shall immediately put the ballots into the ballot
16 box. If any voter who has failed to deliver all the ballots
17 received by him refuses to return to the voting booth after
18 being advised by the judge of election as herein provided, the
19 judge shall inform the other judges of such refusal, and
20 thereupon the ballot or ballots returned to the judge shall be
21 deposited in the ballot box, the voter shall be permitted to
22 depart from the polling place, and a new voter shall be
23 permitted to enter the voting booth.
24 The judge of election who receives the ballot or ballots
25 from the voter shall announce the residence and name of such
26 voter in a loud voice. The judge shall put the ballot or
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1 ballots received from the voter into the ballot box in the
2 presence of the voter and the judges of election, and in plain
3 view of the public. The judges having charge of such registers
4 shall then, in a column prepared thereon, in the same line of,
5 the name of the voter, mark "Voted" or the letter "V".
6 No judge of election shall accept from any voter less than
7 the full number of ballots received by such voter without
8 first advising the voter in the manner above provided of the
9 necessity of returning all of the ballots, nor shall any such
10 judge advise such voter in a manner contrary to that which is
11 herein permitted, or in any other manner violate the
12 provisions of this Section; provided, that the acceptance by a
13 judge of election of less than the full number of ballots
14 delivered to a voter who refuses to return to the voting booth
15 after being properly advised by such judge shall not be a
16 violation of this Section.
17 (Source: P.A. 98-1171, eff. 6-1-15.)
18 (10 ILCS 5/18A-15)
19 Sec. 18A-15. Validating and counting provisional ballots.
20 (a) The county clerk or board of election commissioners
21 shall complete the validation and counting of provisional
22 ballots within 14 calendar days of the day of the election. The
23 county clerk or board of election commissioners shall have 7
24 calendar days from the completion of the validation and
25 counting of provisional ballots to conduct its final canvass.
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1 The State Board of Elections shall complete within 31 calendar
2 days of the election or sooner if all the returns are received,
3 its final canvass of the vote for all public offices.
4 (b) If a county clerk or board of election commissioners
5 determines that all of the following apply, then a provisional
6 ballot is valid and shall be counted as a vote:
7 (1) the provisional voter cast the provisional ballot
8 in the correct precinct based on the address provided by
9 the provisional voter. The provisional voter's affidavit
10 shall serve as a change of address request by that voter
11 for registration purposes for the next ensuing election if
12 it bears an address different from that in the records of
13 the election authority. Votes for federal and statewide
14 offices on a provisional ballot cast in the incorrect
15 precinct that meet the other requirements of this
16 subsection shall be valid and counted in accordance with
17 this Article. As used in this item, "federal office" is
18 defined as provided in Section 20-1 and "statewide office"
19 means the Governor, Attorney General, Secretary of State,
20 Comptroller, and Treasurer. Votes for General Assembly,
21 countywide, citywide, or township office on a provisional
22 ballot cast in the incorrect precinct but in the correct
23 legislative district, representative district, county,
24 municipality, or township, as the case may be, shall be
25 valid and counted in accordance with this Article. As used
26 in this item, "citywide office" means an office elected by
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1 the electors of an entire municipality. As used in this
2 item, "township office" means an office elected by the
3 electors of an entire township;
4 (2) the affidavit executed by the provisional voter
5 pursuant to subsection (b)(2) of Section 18A-5 contains,
6 at a minimum, the provisional voter's first and last name,
7 house number and street name, and signature or mark;
8 (3) except as permitted by item (5) of subsection (b)
9 of this Section, the provisional voter is a registered
10 voter based on information available to the county clerk
11 or board of election commissioners provided by or obtained
12 from any of the following:
13 i. the provisional voter;
14 ii. an election judge;
15 iii. the statewide voter registration database
16 maintained by the State Board of Elections;
17 iv. the records of the county clerk or board of
18 election commissioners' database; or
19 v. the records of the Secretary of State; and
20 (4) for a provisional ballot cast under item (6) of
21 subsection (a) of Section 18A-5, the voter did not vote by
22 mail ballot in the election at which the provisional
23 ballot was cast; or
24 (5) for a provisional ballot cast under item (7) of
25 subsection (a) of Section 18A-5, the voter provides the
26 election authority with the necessary documentation within
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1 7 days of election day.
2 (c) With respect to subsection (b)(3) of this Section, the
3 county clerk or board of election commissioners shall
4 investigate and record whether or not the specified
5 information is available from each of the 5 identified
6 sources. If the information is available from one or more of
7 the identified sources, then the county clerk or board of
8 election commissioners shall seek to obtain the information
9 from each of those sources until satisfied, with information
10 from at least one of those sources, that the provisional voter
11 is registered and entitled to vote. The county clerk or board
12 of election commissioners shall use any information it obtains
13 as the basis for determining the voter registration status of
14 the provisional voter. If a conflict exists among the
15 information available to the county clerk or board of election
16 commissioners as to the registration status of the provisional
17 voter, then the county clerk or board of election
18 commissioners shall make a determination based on the totality
19 of the circumstances. In a case where the above information
20 equally supports or opposes the registration status of the
21 voter, the county clerk or board of election commissioners
22 shall decide in favor of the provisional voter as being duly
23 registered to vote. If the statewide voter registration
24 database maintained by the State Board of Elections indicates
25 that the provisional voter is registered to vote, but the
26 county clerk's or board of election commissioners' voter
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1 registration database indicates that the provisional voter is
2 not registered to vote, then the information found in the
3 statewide voter registration database shall control the matter
4 and the provisional voter shall be deemed to be registered to
5 vote. If the records of the county clerk or board of election
6 commissioners indicates that the provisional voter is
7 registered to vote, but the statewide voter registration
8 database maintained by the State Board of Elections indicates
9 that the provisional voter is not registered to vote, then the
10 information found in the records of the county clerk or board
11 of election commissioners shall control the matter and the
12 provisional voter shall be deemed to be registered to vote. If
13 the provisional voter's signature on his or her provisional
14 ballot request varies from the signature on an otherwise valid
15 registration application solely because of the substitution of
16 initials for the first or middle name, the election authority
17 may not reject the provisional ballot.
18 (d) In validating the registration status of a person
19 casting a provisional ballot, the county clerk or board of
20 election commissioners shall not require a provisional voter
21 to complete any form other than the affidavit executed by the
22 provisional voter under subsection (b)(2) of Section 18A-5. In
23 addition, the county clerk or board of election commissioners
24 shall not require all provisional voters or any particular
25 class or group of provisional voters to appear personally
26 before the county clerk or board of election commissioners or
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1 as a matter of policy require provisional voters to submit
2 additional information to verify or otherwise support the
3 information already submitted by the provisional voter. Within
4 2 calendar days after the election, the election authority
5 shall transmit by electronic means pursuant to a process
6 established by the State Board of Elections the name, street
7 address, e-mail address, and precinct, ward, township, and
8 district numbers, as the case may be, of each person casting a
9 provisional ballot to the State Board of Elections, which
10 shall maintain those names and that information in an
11 electronic format on its website, arranged by county and
12 accessible to State and local political committees. The
13 provisional voter may, within 7 calendar days after the
14 election, submit additional information to the county clerk or
15 board of election commissioners, except that in the case of
16 provisional voting under paragraph (4) of subsection (a) of
17 Section 18A-5, the provisional voter has 7 days to provide the
18 county clerk or board of election commissioners with the
19 provisional voter's Illinois driver's license or Illinois
20 Identification Card. This information must be received by the
21 county clerk or board of election commissioners within the
22 7-calendar-day period.
23 (e) If the county clerk or board of election commissioners
24 determines that subsection (b)(1), (b)(2), or (b)(3) does not
25 apply, then the provisional ballot is not valid and may not be
26 counted. The provisional ballot envelope containing the ballot
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1 cast by the provisional voter may not be opened. The county
2 clerk or board of election commissioners shall write on the
3 provisional ballot envelope the following: "Provisional ballot
4 determined invalid.".
5 (f) If the county clerk or board of election commissioners
6 determines that a provisional ballot is valid under this
7 Section, then the provisional ballot envelope shall be opened.
8 The outside of each provisional ballot envelope shall also be
9 marked to identify the precinct and the date of the election.
10 (g) Provisional ballots determined to be valid shall be
11 counted at the election authority's central ballot counting
12 location and shall not be counted in precincts. The
13 provisional ballots determined to be valid shall be added to
14 the vote totals for the precincts from which they were cast in
15 the order in which the ballots were opened. The validation and
16 counting of provisional ballots shall be subject to the
17 provisions of this Code that apply to pollwatchers. If the
18 provisional ballots are a ballot of a punch card voting
19 system, then the provisional ballot shall be counted in a
20 manner consistent with Article 24A. If the provisional ballots
21 are a ballot of optical scan or other type of approved
22 electronic voting system, then the provisional ballots shall
23 be counted in a manner consistent with Article 24B.
24 (h) As soon as the ballots have been counted, the election
25 judges or election officials shall, in the presence of the
26 county clerk or board of election commissioners, place each of
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1 the following items in a separate envelope or bag: (1) all
2 provisional ballots, voted or spoiled; (2) all provisional
3 ballot envelopes of provisional ballots voted or spoiled; and
4 (3) all executed affidavits of the provisional ballots voted
5 or spoiled. All provisional ballot envelopes for provisional
6 voters who have been determined not to be registered to vote
7 shall remain sealed. The county clerk or board of election
8 commissioners shall treat the provisional ballot envelope
9 containing the written affidavit as a voter registration
10 application for that person for the next election and process
11 that application. The election judges or election officials
12 shall then securely seal each envelope or bag, initial the
13 envelope or bag, and plainly mark on the outside of the
14 envelope or bag in ink the precinct in which the provisional
15 ballots were cast. The election judges or election officials
16 shall then place each sealed envelope or bag into a box, secure
17 and seal it in the same manner as described in item (6) of
18 subsection (b) of Section 18A-5. Each election judge or
19 election official shall take and subscribe an oath before the
20 county clerk or board of election commissioners that the
21 election judge or election official securely kept the ballots
22 and papers in the box, did not permit any person to open the
23 box or otherwise touch or tamper with the ballots and papers in
24 the box, and has no knowledge of any other person opening the
25 box. For purposes of this Section, the term "election
26 official" means the county clerk, a member of the board of
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1 election commissioners, as the case may be, and their
2 respective employees.
3 (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
4 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
5 (10 ILCS 5/19A-35)
6 Sec. 19A-35. Procedure for voting.
7 (a) Not more than 23 days before the start of the election,
8 the county clerk shall make available to the election official
9 conducting early voting by personal appearance a sufficient
10 number of early ballots, envelopes, and printed voting
11 instruction slips for the use of early voters. The election
12 official shall receipt for all ballots received and shall
13 return unused or spoiled ballots at the close of the early
14 voting period to the county clerk and must strictly account
15 for all ballots received. The ballots delivered to the
16 election official must include early ballots for each precinct
17 in the election authority's jurisdiction and must include
18 separate ballots for each political subdivision conducting an
19 election of officers or a referendum at that election.
20 (b) In conducting early voting under this Article, the
21 election judge or official is required to verify the signature
22 of the early voter by comparison with the signature on the
23 official registration card, and the judge or official must
24 verify (i) that the applicant is a registered voter, (ii) the
25 precinct in which the applicant is registered, and (iii) the
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1 proper ballots of the political subdivision in which the
2 applicant resides and is entitled to vote, and (iv) the
3 applicant's identity, which must be verified by the
4 applicant's presentation of an Illinois driver's license or an
5 Illinois Identification Card, before providing an early ballot
6 to the applicant. The election judge or official must verify
7 the applicant's registration from the most recent poll list
8 provided by the election authority, and if the applicant is
9 not listed on that poll list, by telephoning the office of the
10 election authority.
11 (b-5) A person requesting an early voting ballot to whom a
12 vote by mail ballot was issued may vote early if the person
13 submits that vote by mail ballot to the judges of election or
14 official conducting early voting for cancellation. If the
15 voter is unable to submit the vote by mail ballot, it shall be
16 sufficient for the voter to submit to the judges or official
17 (i) a portion of the vote by mail ballot if the vote by mail
18 ballot was torn or mutilated or (ii) an affidavit executed
19 before the judges or official specifying that (A) the voter
20 never received a vote by mail ballot or (B) the voter completed
21 and returned a vote by mail ballot and was informed that the
22 election authority did not receive that vote by mail ballot.
23 (b-10) Within one day after a voter casts an early voting
24 ballot, the election authority shall transmit the voter's
25 name, street address, and precinct, ward, township, and
26 district numbers, as the case may be, to the State Board of
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1 Elections, which shall maintain those names and that
2 information in an electronic format on its website, arranged
3 by county and accessible to State and local political
4 committees.
5 (b-15) Immediately after voting an early ballot, the voter
6 shall be instructed whether the voting equipment accepted or
7 rejected the ballot or identified that ballot as under-voted
8 for a statewide constitutional office. A voter whose ballot is
9 identified as under-voted may return to the voting booth and
10 complete the voting of that ballot. A voter whose early voting
11 ballot is not accepted by the voting equipment may, upon
12 surrendering the ballot, request and vote another early voting
13 ballot. The voter's surrendered ballot shall be initialed by
14 the election judge or official conducting the early voting and
15 handled as provided in the appropriate Article governing the
16 voting equipment used.
17 (c) The sealed early ballots in their carrier envelope
18 shall be delivered by the election authority to the central
19 ballot counting location before the close of the polls on the
20 day of the election.
21 (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
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