Illinois 2025-2026 Regular Session

Illinois House Bill HB1769 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1769 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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. 18-510 ILCS 5/18A-510 ILCS 5/18A-1510 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. LRB104 07773 SPS 17818 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1769 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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. 18-510 ILCS 5/18A-510 ILCS 5/18A-1510 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 5/19A-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. LRB104 07773 SPS 17818 b LRB104 07773 SPS 17818 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1769 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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. 18-510 ILCS 5/18A-510 ILCS 5/18A-1510 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 5/19A-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 5/19A-35
11	11	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.
12	12	LRB104 07773 SPS 17818 b LRB104 07773 SPS 17818 b
13	13	LRB104 07773 SPS 17818 b
14	14	A BILL FOR
15	15	HB1769LRB104 07773 SPS 17818 b HB1769 LRB104 07773 SPS 17818 b
16	16	HB1769 LRB104 07773 SPS 17818 b
17	17	1 AN ACT concerning elections.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Election Code is amended by changing
21	21	5 Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
22	22	6 Sections 1-14 and 3-8 as follows:
23	23	7 (10 ILCS 5/1-14 new)
24	24	8 Sec. 1-14. Voter Identification Card.
25	25	9 (a) Issuance. The Secretary of State shall issue a Voter
26	26	10 Identification Card to each registered voter who does not have
27	27	11 an acceptable form of photo identification card as defined in
28	28	12 Section 3-8. The Voter Identification Card shall include at
29	29	13 least: (i) the voter's name, signature, and photograph; (ii)
30	30	14 the State seal; and (iii) the voter's current residence
31	31	15 address. A Voter Identification Card is valid for as long as
32	32	16 the registered voter maintains the name and residence on the
33	33	17 Card. A Voter Identification Card may not be used for any
34	34	18 purpose other than to vote in Illinois.
35	35	19 (b) Intent and purpose. It is the intent of the General
36	36	20 Assembly to provide the Secretary of State with guidance on
37	37	21 how to issue the Voter Identification Card to those
38	38	22 individuals who do not have an acceptable form of photo
39	39	23 identification as defined in Section 3-8.
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43	43	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1769 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
44	44	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. 18-510 ILCS 5/18A-510 ILCS 5/18A-1510 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 5/19A-35
45	45	10 ILCS 5/1-14 new
46	46	10 ILCS 5/3-8 new
47	47	10 ILCS 5/17-9 from Ch. 46, par. 17-9
48	48	10 ILCS 5/18-5 from Ch. 46, par. 18-5
49	49	10 ILCS 5/18A-5
50	50	10 ILCS 5/18A-15
51	51	10 ILCS 5/19A-35
52	52	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.
53	53	LRB104 07773 SPS 17818 b LRB104 07773 SPS 17818 b
54	54	LRB104 07773 SPS 17818 b
55	55	A BILL FOR
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61	61	10 ILCS 5/1-14 new
62	62	10 ILCS 5/3-8 new
63	63	10 ILCS 5/17-9 from Ch. 46, par. 17-9
64	64	10 ILCS 5/18-5 from Ch. 46, par. 18-5
65	65	10 ILCS 5/18A-5
66	66	10 ILCS 5/18A-15
67	67	10 ILCS 5/19A-35
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86	86	1 (c) Application for the Voter Identification Card. Within
87	87	2 a reasonable time after the effective date of this amendatory
88	88	3 Act of the 104th General Assembly, the Secretary of State
89	89	4 shall provide application forms for the Voter Identification
90	90	5 Card. Any registered voter who meets the criteria set forth in
91	91	6 this Section and who provides the proper documentation
92	92	7 required under subsection (d) shall receive a Voter
93	93	8 Identification Card.
94	94	9 (d) Documentation required. The Secretary of State shall
95	95	10 require the presentation and verification of the following
96	96	11 information for issuance of a Voter Registration Card:
97	97	12 (1) A photo identity document, except that a non-photo
98	98	13 identity document, as defined in subsection (e), is
99	99	14 acceptable if it includes both the applicant's name and
100	100	15 date of birth.
101	101	16 (2) Documentation showing the applicant's date of
102	102	17 birth.
103	103	18 (3) Evidence of voter registration.
104	104	19 (4) Documentation, as defined in subsection (f),
105	105	20 showing the applicant's name and principal residence
106	106	21 address.
107	107	22 (e) Non-photo identity document. A non-photo identity
108	108	23 document must include the applicant's name and date of birth.
109	109	24 Any of the following shall constitute a non-photo identity
110	110	25 document in lieu of a photo identity document:
111	111	26 (1) An original birth certificate or certified copy of
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122	122	1 a birth certificate.
123	123	2 (2) A voter registration card.
124	124	3 (3) A copy of records filed in court by the applicant
125	125	4 or on behalf of the applicant by the applicant's counsel.
126	126	5 (4) A naturalization document.
127	127	6 (5) A copy of the applicant's marriage license.
128	128	7 (6) A copy of the State or federal tax return filed by
129	129	8 the applicant for the previous calendar year.
130	130	9 (7) An original of the annual Social Security
131	131	10 statement received by the applicant for the current or
132	132	11 preceding calendar year.
133	133	12 (8) An original of a Medicare or Medicaid statement
134	134	13 received by the applicant.
135	135	14 (9) A certified school record or transcript for the
136	136	15 current or preceding calendar year.
137	137	16 (f) Documentation of name and address. Any of the
138	138	17 following documents shall be acceptable as documentation of
139	139	18 the applicant's name and current address:
140	140	19 (1) A voter registration card.
141	141	20 (2) A utility bill or cable bill.
142	142	21 (3) A bank statement issued within the last 60 days.
143	143	22 (4) A valid and current rental agreement.
144	144	23 (5) A copy of the State or federal tax return filed by
145	145	24 the applicant for the previous calendar year.
146	146	25 (6) A homeowner's insurance policy or bill for the
147	147	26 current or preceding year.
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158	158	1 (7) A mortgage, deed, or property tax bill for the
159	159	2 current or preceding year.
160	160	3 (8) A W-2 for the preceding calendar year.
161	161	4 (g) Exemptions. Voters who are indigent and unable to
162	162	5 obtain a Voter Identification Card without a fee and voters
163	163	6 who have a religious objection to being photographed may vote
164	164	7 a provisional ballot and sign an affidavit that indicates one
165	165	8 of the exemptions stated in this subsection. An indigent
166	166	9 person is defined as an individual whose income is 125% or less
167	167	10 of current federal poverty income guidelines.
168	168	11 (10 ILCS 5/3-8 new)
169	169	12 Sec. 3-8. Acceptable forms of photo identification for
170	170	13 voting purposes. As used in this Code, acceptable forms of
171	171	14 photo identification for voting purposes include:
172	172	15 (1) An Illinois Driver's License.
173	173	16 (2) A State Identification Card.
174	174	17 (3) An Illinois Disabled Person Identification Card.
175	175	18 (4) A Senior Citizen Identification Card.
176	176	19 (5) A FOID Card.
177	177	20 (6) A U.S. Passport with the voter's current address.
178	178	21 (7) Any other government-issued identification card
179	179	22 that includes the voter's name, current photograph, and
180	180	23 current address.
181	181	24 All photo identification cards must be valid and current.
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192	192	1 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
193	193	2 Sec. 17-9. Any person desiring to vote shall (i) present
194	194	3 to the judges of election for verification of the person's
195	195	4 identity a government-issued photo identification card, as
196	196	5 defined in Section 3-8, or his or her Voter Identification
197	197	6 Card and (ii) give his name and, if required to do so, his
198	198	7 residence to the judges of election, one of whom shall
199	199	8 thereupon announce the same in a loud and distinct tone of
200	200	9 voice, clear, and audible; the judges of elections shall check
201	201	10 each application for ballot against the list of voters
202	202	11 registered in that precinct to whom grace period, vote by
203	203	12 mail, or early ballots have been issued for that election,
204	204	13 which shall be provided by the election authority and which
205	205	14 list shall be available for inspection by pollwatchers. A
206	206	15 voter applying to vote in the precinct on election day whose
207	207	16 name appears on the list as having been issued a grace period,
208	208	17 vote by mail, or early ballot shall not be permitted to vote in
209	209	18 the precinct, except that a voter to whom a vote by mail ballot
210	210	19 was issued may vote in the precinct if the voter submits to the
211	211	20 election judges that vote by mail ballot for cancellation. If
212	212	21 the voter is unable to submit the vote by mail ballot, it shall
213	213	22 be sufficient for the voter to submit to the election judges
214	214	23 (i) a portion of the vote by mail ballot if the vote by mail
215	215	24 ballot was torn or mutilated or (ii) an affidavit executed
216	216	25 before the election judges specifying that (A) the voter never
217	217	26 received a vote by mail ballot or (B) the voter completed and
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228	228	1 returned a vote by mail ballot and was informed that the
229	229	2 election authority did not receive that vote by mail ballot.
230	230	3 All applicable provisions of Articles 4, 5 or 6 shall be
231	231	4 complied with and if such name is found on the register of
232	232	5 voters by the officer having charge thereof, he shall likewise
233	233	6 repeat said name, and the voter shall be allowed to enter
234	234	7 within the proximity of the voting booths, as above provided.
235	235	8 One of the judges shall give the voter one, and only one of
236	236	9 each ballot to be voted at the election, on the back of which
237	237	10 ballots such judge shall indorse his initials in such manner
238	238	11 that they may be seen when each such ballot is properly folded,
239	239	12 and the voter's name shall be immediately checked on the
240	240	13 register list. In those election jurisdictions where
241	241	14 perforated ballot cards are utilized of the type on which
242	242	15 write-in votes can be cast above the perforation, the election
243	243	16 authority shall provide a space both above and below the
244	244	17 perforation for the judge's initials, and the judge shall
245	245	18 endorse his or her initials in both spaces. Whenever a
246	246	19 proposal for a constitutional amendment or for the calling of
247	247	20 a constitutional convention is to be voted upon at the
248	248	21 election, the separate blue ballot or ballots pertaining
249	249	22 thereto shall, when being handed to the voter, be placed on top
250	250	23 of the other ballots to be voted at the election in such manner
251	251	24 that the legend appearing on the back thereof, as prescribed
252	252	25 in Section 16-6 of this Act, shall be plainly visible to the
253	253	26 voter. At all elections, when a registry may be required, if
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264	264	1 the name of any person so desiring to vote at such election is
265	265	2 not found on the register of voters, he or she shall not
266	266	3 receive a ballot until he or she shall have complied with the
267	267	4 law prescribing the manner and conditions of voting by
268	268	5 unregistered voters. If any person desiring to vote at any
269	269	6 election shall be challenged, he or she shall not receive a
270	270	7 ballot until he or she shall have established his right to vote
271	271	8 in the manner provided hereinafter; and if he or she shall be
272	272	9 challenged after he has received his ballot, he shall not be
273	273	10 permitted to vote until he or she has fully complied with such
274	274	11 requirements of the law upon being challenged. Besides the
275	275	12 election officer, not more than 2 voters in excess of the whole
276	276	13 number of voting booths provided shall be allowed within the
277	277	14 proximity of the voting booths at one time. The provisions of
278	278	15 this Act, so far as they require the registration of voters as
279	279	16 a condition to their being allowed to vote shall not apply to
280	280	17 persons otherwise entitled to vote, who are, at the time of the
281	281	18 election, or at any time within 60 days prior to such election
282	282	19 have been engaged in the military or naval service of the
283	283	20 United States, and who appear personally at the polling place
284	284	21 on election day and produce to the judges of election
285	285	22 satisfactory evidence thereof, but such persons, if otherwise
286	286	23 qualified to vote, shall be permitted to vote at such election
287	287	24 without previous registration.
288	288	25 All such persons shall also make an affidavit which shall
289	289	26 be in substantially the following form:
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300	300	1 State of Illinois,)
301	301	2 ) ss.
302	302	3 County of ........)
303	303	4 ............... Precinct .......... Ward
304	304	5 I, ...., do solemnly swear (or affirm) that I am a citizen
305	305	6 of the United States, of the age of 18 years or over, and that
306	306	7 within the past 60 days prior to the date of this election at
307	307	8 which I am applying to vote, I have been engaged in the ....
308	308	9 (military or naval) service of the United States; and I am
309	309	10 qualified to vote under and by virtue of the Constitution and
310	310	11 laws of the State of Illinois, and that I am a legally
311	311	12 qualified voter of this precinct and ward except that I have,
312	312	13 because of such service, been unable to register as a voter;
313	313	14 that I now reside at .... (insert street and number, if any) in
314	314	15 this precinct and ward; that I have maintained a legal
315	315	16 residence in this precinct and ward for 30 days and in this
316	316	17 State 30 days next preceding this election.
317	317	18 .........................
318	318	19 Subscribed and sworn to before me on (insert date).
319	319	20 .........................
320	320	21 Judge of Election.
321	321	22 The affidavit of any such person shall be supported by the
322	322	23 affidavit of a resident and qualified voter of any such
323	323	24 precinct and ward, which affidavit shall be in substantially
324	324	25 the following form:
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336	336	Judge of Election.
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341	341	1 State of Illinois,)
342	342	2 ) ss.
343	343	3 County of ........)
344	344	4 ........... Precinct ........... Ward
345	345	5 I, ...., do solemnly swear (or affirm), that I am a
346	346	6 resident of this precinct and ward and entitled to vote at this
347	347	7 election; that I am acquainted with .... (name of the
348	348	8 applicant); that I verily believe him to be an actual bona fide
349	349	9 resident of this precinct and ward and that I verily believe
350	350	10 that he or she has maintained a legal residence therein 30 days
351	351	11 and in this State 30 days next preceding this election.
352	352	12 .........................
353	353	13 Subscribed and sworn to before me on (insert date).
354	354	14 .........................
355	355	15 Judge of Election.
356	356	16 All affidavits made under the provisions of this Section
357	357	17 shall be enclosed in a separate envelope securely sealed, and
358	358	18 shall be transmitted with the returns of the elections to the
359	359	19 county clerk or to the board of election commissioners, who
360	360	20 shall preserve the said affidavits for the period of 6 months,
361	361	21 during which period such affidavits shall be deemed public
362	362	22 records and shall be freely open to examination as such.
363	363	23 (Source: P.A. 98-1171, eff. 6-1-15.)
364	364	24 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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376	376	Judge of Election.
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381	381	1 Sec. 18-5. Any person desiring to vote and whose name is
382	382	2 found upon the register of voters by the person having charge
383	383	3 thereof, shall (i) present to the judges of election for
384	384	4 verification of the person's identity a government-issued
385	385	5 photo identification card, as defined in Section 3-8, or his
386	386	6 or her Voter Identification Card, (ii) shall then be
387	387	7 questioned by one of the judges as to his nativity, his term of
388	388	8 residence at present address, precinct, State and United
389	389	9 States, his age, whether naturalized and if so the date of
390	390	10 naturalization papers and court from which secured, and (iii)
391	391	11 he shall be asked to state his residence when last previously
392	392	12 registered and the date of the election for which he then
393	393	13 registered. The judges of elections shall check each
394	394	14 application for ballot against the list of voters registered
395	395	15 in that precinct to whom grace period, vote by mail, and early
396	396	16 ballots have been issued for that election, which shall be
397	397	17 provided by the election authority and which list shall be
398	398	18 available for inspection by pollwatchers. A voter applying to
399	399	19 vote in the precinct on election day whose name appears on the
400	400	20 list as having been issued a grace period, vote by mail, or
401	401	21 early ballot shall not be permitted to vote in the precinct,
402	402	22 except that a voter to whom a vote by mail ballot was issued
403	403	23 may vote in the precinct if the voter submits to the election
404	404	24 judges that vote by mail ballot for cancellation. If the voter
405	405	25 is unable to submit the vote by mail ballot, it shall be
406	406	26 sufficient for the voter to submit to the election judges (i) a
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417	417	1 portion of the vote by mail ballot if the vote by mail ballot
418	418	2 was torn or mutilated or (ii) an affidavit executed before the
419	419	3 election judges specifying that (A) the voter never received a
420	420	4 vote by mail ballot or (B) the voter completed and returned a
421	421	5 vote by mail ballot and was informed that the election
422	422	6 authority did not receive that vote by mail ballot. If such
423	423	7 person so registered shall be challenged as disqualified, the
424	424	8 party challenging shall assign his reasons therefor, and
425	425	9 thereupon one of the judges shall administer to him an oath to
426	426	10 answer questions, and if he shall take the oath he shall then
427	427	11 be questioned by the judge or judges touching such cause of
428	428	12 challenge, and touching any other cause of disqualification.
429	429	13 And he may also be questioned by the person challenging him in
430	430	14 regard to his qualifications and identity. But if a majority
431	431	15 of the judges are of the opinion that he is the person so
432	432	16 registered and a qualified voter, his vote shall then be
433	433	17 received accordingly. But if his vote be rejected by such
434	434	18 judges, such person may afterward produce and deliver an
435	435	19 affidavit to such judges, subscribed and sworn to by him
436	436	20 before one of the judges, in which it shall be stated how long
437	437	21 he has resided in such precinct, and state; that he is a
438	438	22 citizen of the United States, and is a duly qualified voter in
439	439	23 such precinct, and that he is the identical person so
440	440	24 registered. In addition to such an affidavit, the person so
441	441	25 challenged shall provide to the judges of election proof of
442	442	26 residence by producing 2 forms of identification showing the
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453	453	1 person's current residence address, provided that such
454	454	2 identification may include a lease or contract for a residence
455	455	3 and not more than one piece of mail addressed to the person at
456	456	4 his current residence address and postmarked not earlier than
457	457	5 30 days prior to the date of the election, or the person shall
458	458	6 procure a witness personally known to the judges of election,
459	459	7 and resident in the precinct (or district), or who shall be
460	460	8 proved by some legal voter of such precinct or district, known
461	461	9 to the judges to be such, who shall take the oath following,
462	462	10 viz:
463	463	11 I do solemnly swear (or affirm) that I am a resident of
464	464	12 this election precinct (or district), and entitled to vote at
465	465	13 this election, and that I have been a resident of this State
466	466	14 for 30 days last past, and am well acquainted with the person
467	467	15 whose vote is now offered; that he is an actual and bona fide
468	468	16 resident of this election precinct (or district), and has
469	469	17 resided herein 30 days, and as I verily believe, in this State,
470	470	18 30 days next preceding this election.
471	471	19 The oath in each case may be administered by one of the
472	472	20 judges of election, or by any officer, resident in the
473	473	21 precinct or district, authorized by law to administer oaths.
474	474	22 Also supported by an affidavit by a registered voter residing
475	475	23 in such precinct, stating his own residence, and that he knows
476	476	24 such person; and that he does reside at the place mentioned and
477	477	25 has resided in such precinct and state for the length of time
478	478	26 as stated by such person, which shall be subscribed and sworn
479	479
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482	482
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489	489	1 to in the same way. For purposes of this Section, the
490	490	2 submission of a photo identification issued by a college or
491	491	3 university, accompanied by either (i) a copy of the
492	492	4 applicant's contract or lease for a residence or (ii) one
493	493	5 piece of mail addressed to the person at his or her current
494	494	6 residence address and postmarked not earlier than 30 days
495	495	7 prior to the date of the election, shall be sufficient to
496	496	8 establish proof of residence. Whereupon the vote of such
497	497	9 person shall be received, and entered as other votes. But such
498	498	10 judges, having charge of such registers, shall state in their
499	499	11 respective books the facts in such case, and the affidavits,
500	500	12 so delivered to the judges, shall be preserved and returned to
501	501	13 the office of the commissioners of election. Blank affidavits
502	502	14 of the character aforesaid shall be sent out to the judges of
503	503	15 all the precincts, and the judges of election shall furnish
504	504	16 the same on demand and administer the oaths without criticism.
505	505	17 Such oaths, if administered by any other officer than such
506	506	18 judge of election, shall not be received. Whenever a proposal
507	507	19 for a constitutional amendment or for the calling of a
508	508	20 constitutional convention is to be voted upon at the election,
509	509	21 the separate blue ballot or ballots pertaining thereto shall
510	510	22 be placed on top of the other ballots to be voted at the
511	511	23 election in such manner that the legend appearing on the back
512	512	24 thereof, as prescribed in Section 16-6 of this Act, shall be
513	513	25 plainly visible to the voter, and in this fashion the ballots
514	514	26 shall be handed to the voter by the judge.
515	515
516	516
517	517
518	518
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525	525	1 Immediately after voting, the voter shall be instructed
526	526	2 whether the voting equipment, if used, accepted or rejected
527	527	3 the ballot or identified the ballot as under-voted. A voter
528	528	4 whose ballot is identified as under-voted for a statewide
529	529	5 constitutional office may return to the voting booth and
530	530	6 complete the voting of that ballot. A voter whose ballot is not
531	531	7 accepted by the voting equipment may, upon surrendering the
532	532	8 ballot, request and vote another ballot. The voter's
533	533	9 surrendered ballot shall be initialed by the election judge
534	534	10 and handled as provided in the appropriate Article governing
535	535	11 that voting equipment.
536	536	12 The voter shall, upon quitting the voting booth, deliver
537	537	13 to one of the judges of election all of the ballots, properly
538	538	14 folded, which he received. The judge of election to whom the
539	539	15 voter delivers his ballots shall not accept the same unless
540	540	16 all of the ballots given to the voter are returned by him. If a
541	541	17 voter delivers less than all of the ballots given to him, the
542	542	18 judge to whom the same are offered shall advise him in a voice
543	543	19 clearly audible to the other judges of election that the voter
544	544	20 must return the remainder of the ballots. The statement of the
545	545	21 judge to the voter shall clearly express the fact that the
546	546	22 voter is not required to vote such remaining ballots but that
547	547	23 whether or not he votes them he must fold and deliver them to
548	548	24 the judge. In making such statement the judge of election
549	549	25 shall not indicate by word, gesture or intonation of voice
550	550	26 that the unreturned ballots shall be voted in any particular
551	551
552	552
553	553
554	554
555	555
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561	561	1 manner. No new voter shall be permitted to enter the voting
562	562	2 booth of a voter who has failed to deliver the total number of
563	563	3 ballots received by him until such voter has returned to the
564	564	4 voting booth pursuant to the judge's request and again quit
565	565	5 the booth with all of the ballots required to be returned by
566	566	6 him. Upon receipt of all such ballots the judges of election
567	567	7 shall enter the name of the voter, and his number, as above
568	568	8 provided in this Section, and the judge to whom the ballots are
569	569	9 delivered shall immediately put the ballots into the ballot
570	570	10 box. If any voter who has failed to deliver all the ballots
571	571	11 received by him refuses to return to the voting booth after
572	572	12 being advised by the judge of election as herein provided, the
573	573	13 judge shall inform the other judges of such refusal, and
574	574	14 thereupon the ballot or ballots returned to the judge shall be
575	575	15 deposited in the ballot box, the voter shall be permitted to
576	576	16 depart from the polling place, and a new voter shall be
577	577	17 permitted to enter the voting booth.
578	578	18 The judge of election who receives the ballot or ballots
579	579	19 from the voter shall announce the residence and name of such
580	580	20 voter in a loud voice. The judge shall put the ballot or
581	581	21 ballots received from the voter into the ballot box in the
582	582	22 presence of the voter and the judges of election, and in plain
583	583	23 view of the public. The judges having charge of such registers
584	584	24 shall then, in a column prepared thereon, in the same line of,
585	585	25 the name of the voter, mark "Voted" or the letter "V".
586	586	26 No judge of election shall accept from any voter less than
587	587
588	588
589	589
590	590
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593	593
594	594
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597	597	1 the full number of ballots received by such voter without
598	598	2 first advising the voter in the manner above provided of the
599	599	3 necessity of returning all of the ballots, nor shall any such
600	600	4 judge advise such voter in a manner contrary to that which is
601	601	5 herein permitted, or in any other manner violate the
602	602	6 provisions of this Section; provided, that the acceptance by a
603	603	7 judge of election of less than the full number of ballots
604	604	8 delivered to a voter who refuses to return to the voting booth
605	605	9 after being properly advised by such judge shall not be a
606	606	10 violation of this Section.
607	607	11 (Source: P.A. 98-1171, eff. 6-1-15.)
608	608	12 (10 ILCS 5/18A-5)
609	609	13 Sec. 18A-5. Provisional voting; general provisions.
610	610	14 (a) A person who claims to be a registered voter is
611	611	15 entitled to cast a provisional ballot under the following
612	612	16 circumstances:
613	613	17 (1) The person's name does not appear on the official
614	614	18 list of eligible voters for the precinct in which the
615	615	19 person seeks to vote and the person has refused an
616	616	20 opportunity to register at the polling location or another
617	617	21 grace period registration site. The official list is the
618	618	22 centralized statewide voter registration list established
619	619	23 and maintained in accordance with Section 1A-25;
620	620	24 (2) The person's voting status has been challenged by
621	621	25 an election judge, a pollwatcher, or any legal voter and
622	622
623	623
624	624
625	625
626	626
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628	628
629	629
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632	632	1 that challenge has been sustained by a majority of the
633	633	2 election judges;
634	634	3 (3) A federal or State court order extends the time
635	635	4 for closing the polls beyond the time period established
636	636	5 by State law and the person votes during the extended time
637	637	6 period;
638	638	7 (4) The voter registered to vote by mail and is
639	639	8 required by law to present identification when voting
640	640	9 either in person, in the case of a voter who registered by
641	641	10 mail, when voting or by early voting ballot, but fails to
642	642	11 provide an acceptable form of photo identification as
643	643	12 described in Section 3-8, or a Voter Identification Card
644	644	13 issued under Section 1-14 do so;
645	645	14 (5) The voter's name appears on the list of voters who
646	646	15 voted during the early voting period, but the voter claims
647	647	16 not to have voted during the early voting period;
648	648	17 (6) The voter received a vote by mail ballot but did
649	649	18 not return the vote by mail ballot to the election
650	650	19 authority; or
651	651	20 (7) The voter attempted to register to vote on
652	652	21 election day, but failed to provide the necessary
653	653	22 documentation.
654	654	23 (b) The procedure for obtaining and casting a provisional
655	655	24 ballot at the polling place shall be as follows:
656	656	25 (1) After first verifying through an examination of
657	657	26 the precinct register that the person's address is within
658	658
659	659
660	660
661	661
662	662
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664	664
665	665
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668	668	1 the precinct boundaries, an election judge at the polling
669	669	2 place shall notify a person who is entitled to cast a
670	670	3 provisional ballot pursuant to subsection (a) that he or
671	671	4 she may cast a provisional ballot in that election. An
672	672	5 election judge must accept any information provided by a
673	673	6 person who casts a provisional ballot that the person
674	674	7 believes supports his or her claim that he or she is a duly
675	675	8 registered voter and qualified to vote in the election.
676	676	9 However, if the person's residence address is outside the
677	677	10 precinct boundaries, the election judge shall inform the
678	678	11 person of that fact, give the person the appropriate
679	679	12 telephone number of the election authority in order to
680	680	13 locate the polling place assigned to serve that address,
681	681	14 and instruct the person to go to the proper polling place
682	682	15 to vote.
683	683	16 (2) The person shall execute a written form provided
684	684	17 by the election judge that shall state or contain all of
685	685	18 the following that is available:
686	686	19 (i) an affidavit stating the following:
687	687	20 State of Illinois, County of ................,
688	688	21 Township ............., Precinct ........, Ward
689	689	22 ........, I, ......................., do solemnly
690	690	23 swear (or affirm) that: I am a citizen of the
691	691	24 United States; I am 18 years of age or older; I
692	692	25 have resided in this State and in this precinct
693	693	26 for 30 days preceding this election; I have not
694	694
695	695
696	696
697	697
698	698
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700	700
701	701
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704	704	1 voted in this election; I am a duly registered
705	705	2 voter in every respect; and I am eligible to vote
706	706	3 in this election. Signature ...... Printed Name of
707	707	4 Voter ....... Printed Residence Address of Voter
708	708	5 ...... City ...... State .... Zip Code .....
709	709	6 Telephone Number ...... Date of Birth ....... and
710	710	7 Illinois Driver's License Number ....... or Last 4
711	711	8 digits of Social Security Number ...... or State
712	712	9 Identification Card Number issued to you by the
713	713	10 Illinois Secretary of State ........
714	714	11 (ii) A box for the election judge to check one of
715	715	12 the reasons why the person was given a provisional
716	716	13 ballot under subsection (a) of this Section.
717	717	14 (iii) An area for the election judge to affix his
718	718	15 or her signature and to set forth any facts that
719	719	16 support or oppose the allegation that the person is
720	720	17 not qualified to vote in the precinct in which the
721	721	18 person is seeking to vote.
722	722	19 The written affidavit form described in this
723	723	20 subsection (b)(2) must be printed on a multi-part form
724	724	21 prescribed by the county clerk or board of election
725	725	22 commissioners, as the case may be.
726	726	23 (3) After the person executes the portion of the
727	727	24 written affidavit described in subsection (b)(2)(i) of
728	728	25 this Section, the election judge shall complete the
729	729	26 portion of the written affidavit described in subsection
730	730
731	731
732	732
733	733
734	734
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736	736
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740	740	1 (b)(2)(iii) and (b)(2)(iv).
741	741	2 (4) The election judge shall give a copy of the
742	742	3 completed written affidavit to the person. The election
743	743	4 judge shall place the original written affidavit in a
744	744	5 self-adhesive clear plastic packing list envelope that
745	745	6 must be attached to a separate envelope marked as a
746	746	7 "provisional ballot envelope". The election judge shall
747	747	8 also place any information provided by the person who
748	748	9 casts a provisional ballot in the clear plastic packing
749	749	10 list envelope. Each county clerk or board of election
750	750	11 commissioners, as the case may be, must design, obtain or
751	751	12 procure self-adhesive clear plastic packing list envelopes
752	752	13 and provisional ballot envelopes that are suitable for
753	753	14 implementing this subsection (b)(4) of this Section.
754	754	15 (5) The election judge shall provide the person with a
755	755	16 provisional ballot, written instructions for casting a
756	756	17 provisional ballot, and the provisional ballot envelope
757	757	18 with the clear plastic packing list envelope affixed to
758	758	19 it, which contains the person's original written affidavit
759	759	20 and, if any, information provided by the provisional voter
760	760	21 to support his or her claim that he or she is a duly
761	761	22 registered voter. An election judge must also give the
762	762	23 person written information that states that any person who
763	763	24 casts a provisional ballot shall be able to ascertain,
764	764	25 pursuant to guidelines established by the State Board of
765	765	26 Elections, whether the provisional vote was counted in the
766	766
767	767
768	768
769	769
770	770
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776	776	1 official canvass of votes for that election and, if the
777	777	2 provisional vote was not counted, the reason that the vote
778	778	3 was not counted.
779	779	4 (6) After the person has completed marking his or her
780	780	5 provisional ballot, he or she shall place the marked
781	781	6 ballot inside of the provisional ballot envelope, close
782	782	7 and seal the envelope, and return the envelope to an
783	783	8 election judge, who shall then deposit the sealed
784	784	9 provisional ballot envelope into a securable container
785	785	10 separately identified and utilized for containing sealed
786	786	11 provisional ballot envelopes. Ballots that are provisional
787	787	12 because they are cast after 7:00 p.m. by court order shall
788	788	13 be kept separate from other provisional ballots. Upon the
789	789	14 closing of the polls, the securable container shall be
790	790	15 sealed with filament tape provided for that purpose, which
791	791	16 shall be wrapped around the box lengthwise and crosswise,
792	792	17 at least twice each way, and each of the election judges
793	793	18 shall sign the seal.
794	794	19 (c) Instead of the affidavit form described in subsection
795	795	20 (b), the county clerk or board of election commissioners, as
796	796	21 the case may be, may design and use a multi-part affidavit form
797	797	22 that is imprinted upon or attached to the provisional ballot
798	798	23 envelope described in subsection (b). If a county clerk or
799	799	24 board of election commissioners elects to design and use its
800	800	25 own multi-part affidavit form, then the county clerk or board
801	801	26 of election commissioners shall establish a mechanism for
802	802
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808	808
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812	812	1 accepting any information the provisional voter has supplied
813	813	2 to the election judge to support his or her claim that he or
814	814	3 she is a duly registered voter. In all other respects, a county
815	815	4 clerk or board of election commissioners shall establish
816	816	5 procedures consistent with subsection (b).
817	817	6 (d) The county clerk or board of election commissioners,
818	818	7 as the case may be, shall use the completed affidavit form
819	819	8 described in subsection (b) to update the person's voter
820	820	9 registration information in the State voter registration
821	821	10 database and voter registration database of the county clerk
822	822	11 or board of election commissioners, as the case may be. If a
823	823	12 person is later determined not to be a registered voter based
824	824	13 on Section 18A-15 of this Code, then the affidavit shall be
825	825	14 processed by the county clerk or board of election
826	826	15 commissioners, as the case may be, as a voter registration
827	827	16 application.
828	828	17 (Source: P.A. 100-201, eff. 8-18-17.)
829	829	18 (10 ILCS 5/18A-15)
830	830	19 Sec. 18A-15. Validating and counting provisional ballots.
831	831	20 (a) The county clerk or board of election commissioners
832	832	21 shall complete the validation and counting of provisional
833	833	22 ballots within 14 calendar days of the day of the election. The
834	834	23 county clerk or board of election commissioners shall have 7
835	835	24 calendar days from the completion of the validation and
836	836	25 counting of provisional ballots to conduct its final canvass.
837	837
838	838
839	839
840	840
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843	843
844	844
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847	847	1 The State Board of Elections shall complete within 31 calendar
848	848	2 days of the election or sooner if all the returns are received,
849	849	3 its final canvass of the vote for all public offices.
850	850	4 (b) If a county clerk or board of election commissioners
851	851	5 determines that all of the following apply, then a provisional
852	852	6 ballot is valid and shall be counted as a vote:
853	853	7 (1) the provisional voter cast the provisional ballot
854	854	8 in the correct precinct based on the address provided by
855	855	9 the provisional voter. The provisional voter's affidavit
856	856	10 shall serve as a change of address request by that voter
857	857	11 for registration purposes for the next ensuing election if
858	858	12 it bears an address different from that in the records of
859	859	13 the election authority. Votes for federal and statewide
860	860	14 offices on a provisional ballot cast in the incorrect
861	861	15 precinct that meet the other requirements of this
862	862	16 subsection shall be valid and counted in accordance with
863	863	17 this Article. As used in this item, "federal office" is
864	864	18 defined as provided in Section 20-1 and "statewide office"
865	865	19 means the Governor, Attorney General, Secretary of State,
866	866	20 Comptroller, and Treasurer. Votes for General Assembly,
867	867	21 countywide, citywide, or township office on a provisional
868	868	22 ballot cast in the incorrect precinct but in the correct
869	869	23 legislative district, representative district, county,
870	870	24 municipality, or township, as the case may be, shall be
871	871	25 valid and counted in accordance with this Article. As used
872	872	26 in this item, "citywide office" means an office elected by
873	873
874	874
875	875
876	876
877	877
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879	879
880	880
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883	883	1 the electors of an entire municipality. As used in this
884	884	2 item, "township office" means an office elected by the
885	885	3 electors of an entire township;
886	886	4 (2) the affidavit executed by the provisional voter
887	887	5 pursuant to subsection (b)(2) of Section 18A-5 contains,
888	888	6 at a minimum, the provisional voter's first and last name,
889	889	7 house number and street name, and signature or mark;
890	890	8 (3) except as permitted by item (5) of subsection (b)
891	891	9 of this Section, the provisional voter is a registered
892	892	10 voter based on information available to the county clerk
893	893	11 or board of election commissioners provided by or obtained
894	894	12 from any of the following:
895	895	13 i. the provisional voter;
896	896	14 ii. an election judge;
897	897	15 iii. the statewide voter registration database
898	898	16 maintained by the State Board of Elections;
899	899	17 iv. the records of the county clerk or board of
900	900	18 election commissioners' database; or
901	901	19 v. the records of the Secretary of State; and
902	902	20 (4) for a provisional ballot cast under item (6) of
903	903	21 subsection (a) of Section 18A-5, the voter did not vote by
904	904	22 mail ballot in the election at which the provisional
905	905	23 ballot was cast; or
906	906	24 (5) for a provisional ballot cast under item (7) of
907	907	25 subsection (a) of Section 18A-5, the voter provides the
908	908	26 election authority with the necessary documentation within
909	909
910	910
911	911
912	912
913	913
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915	915
916	916
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919	919	1 7 days of election day.
920	920	2 (c) With respect to subsection (b)(3) of this Section, the
921	921	3 county clerk or board of election commissioners shall
922	922	4 investigate and record whether or not the specified
923	923	5 information is available from each of the 5 identified
924	924	6 sources. If the information is available from one or more of
925	925	7 the identified sources, then the county clerk or board of
926	926	8 election commissioners shall seek to obtain the information
927	927	9 from each of those sources until satisfied, with information
928	928	10 from at least one of those sources, that the provisional voter
929	929	11 is registered and entitled to vote. The county clerk or board
930	930	12 of election commissioners shall use any information it obtains
931	931	13 as the basis for determining the voter registration status of
932	932	14 the provisional voter. If a conflict exists among the
933	933	15 information available to the county clerk or board of election
934	934	16 commissioners as to the registration status of the provisional
935	935	17 voter, then the county clerk or board of election
936	936	18 commissioners shall make a determination based on the totality
937	937	19 of the circumstances. In a case where the above information
938	938	20 equally supports or opposes the registration status of the
939	939	21 voter, the county clerk or board of election commissioners
940	940	22 shall decide in favor of the provisional voter as being duly
941	941	23 registered to vote. If the statewide voter registration
942	942	24 database maintained by the State Board of Elections indicates
943	943	25 that the provisional voter is registered to vote, but the
944	944	26 county clerk's or board of election commissioners' voter
945	945
946	946
947	947
948	948
949	949
950	950	HB1769 - 25 - LRB104 07773 SPS 17818 b
951	951
952	952
953	953	HB1769- 26 -LRB104 07773 SPS 17818 b HB1769 - 26 - LRB104 07773 SPS 17818 b
954	954	HB1769 - 26 - LRB104 07773 SPS 17818 b
955	955	1 registration database indicates that the provisional voter is
956	956	2 not registered to vote, then the information found in the
957	957	3 statewide voter registration database shall control the matter
958	958	4 and the provisional voter shall be deemed to be registered to
959	959	5 vote. If the records of the county clerk or board of election
960	960	6 commissioners indicates that the provisional voter is
961	961	7 registered to vote, but the statewide voter registration
962	962	8 database maintained by the State Board of Elections indicates
963	963	9 that the provisional voter is not registered to vote, then the
964	964	10 information found in the records of the county clerk or board
965	965	11 of election commissioners shall control the matter and the
966	966	12 provisional voter shall be deemed to be registered to vote. If
967	967	13 the provisional voter's signature on his or her provisional
968	968	14 ballot request varies from the signature on an otherwise valid
969	969	15 registration application solely because of the substitution of
970	970	16 initials for the first or middle name, the election authority
971	971	17 may not reject the provisional ballot.
972	972	18 (d) In validating the registration status of a person
973	973	19 casting a provisional ballot, the county clerk or board of
974	974	20 election commissioners shall not require a provisional voter
975	975	21 to complete any form other than the affidavit executed by the
976	976	22 provisional voter under subsection (b)(2) of Section 18A-5. In
977	977	23 addition, the county clerk or board of election commissioners
978	978	24 shall not require all provisional voters or any particular
979	979	25 class or group of provisional voters to appear personally
980	980	26 before the county clerk or board of election commissioners or
981	981
982	982
983	983
984	984
985	985
986	986	HB1769 - 26 - LRB104 07773 SPS 17818 b
987	987
988	988
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990	990	HB1769 - 27 - LRB104 07773 SPS 17818 b
991	991	1 as a matter of policy require provisional voters to submit
992	992	2 additional information to verify or otherwise support the
993	993	3 information already submitted by the provisional voter. Within
994	994	4 2 calendar days after the election, the election authority
995	995	5 shall transmit by electronic means pursuant to a process
996	996	6 established by the State Board of Elections the name, street
997	997	7 address, e-mail address, and precinct, ward, township, and
998	998	8 district numbers, as the case may be, of each person casting a
999	999	9 provisional ballot to the State Board of Elections, which
1000	1000	10 shall maintain those names and that information in an
1001	1001	11 electronic format on its website, arranged by county and
1002	1002	12 accessible to State and local political committees. The
1003	1003	13 provisional voter may, within 7 calendar days after the
1004	1004	14 election, submit additional information to the county clerk or
1005	1005	15 board of election commissioners, except that in the case of
1006	1006	16 provisional voting under paragraph (4) of subsection (a) of
1007	1007	17 Section 18A-5, the provisional voter has 10 days to provide
1008	1008	18 the county clerk or board of election commissioners with the
1009	1009	19 required photo identification card. This information must be
1010	1010	20 received by the county clerk or board of election
1011	1011	21 commissioners within the applicable 7-calendar-day or
1012	1012	22 10-calendar-day period.
1013	1013	23 (e) If the county clerk or board of election commissioners
1014	1014	24 determines that subsection (b)(1), (b)(2), or (b)(3) does not
1015	1015	25 apply, then the provisional ballot is not valid and may not be
1016	1016	26 counted. The provisional ballot envelope containing the ballot
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022	HB1769 - 27 - LRB104 07773 SPS 17818 b
1023	1023
1024	1024
1025	1025	HB1769- 28 -LRB104 07773 SPS 17818 b HB1769 - 28 - LRB104 07773 SPS 17818 b
1026	1026	HB1769 - 28 - LRB104 07773 SPS 17818 b
1027	1027	1 cast by the provisional voter may not be opened. The county
1028	1028	2 clerk or board of election commissioners shall write on the
1029	1029	3 provisional ballot envelope the following: "Provisional ballot
1030	1030	4 determined invalid.".
1031	1031	5 (f) If the county clerk or board of election commissioners
1032	1032	6 determines that a provisional ballot is valid under this
1033	1033	7 Section, then the provisional ballot envelope shall be opened.
1034	1034	8 The outside of each provisional ballot envelope shall also be
1035	1035	9 marked to identify the precinct and the date of the election.
1036	1036	10 (g) Provisional ballots determined to be valid shall be
1037	1037	11 counted at the election authority's central ballot counting
1038	1038	12 location and shall not be counted in precincts. The
1039	1039	13 provisional ballots determined to be valid shall be added to
1040	1040	14 the vote totals for the precincts from which they were cast in
1041	1041	15 the order in which the ballots were opened. The validation and
1042	1042	16 counting of provisional ballots shall be subject to the
1043	1043	17 provisions of this Code that apply to pollwatchers. If the
1044	1044	18 provisional ballots are a ballot of a punch card voting
1045	1045	19 system, then the provisional ballot shall be counted in a
1046	1046	20 manner consistent with Article 24A. If the provisional ballots
1047	1047	21 are a ballot of optical scan or other type of approved
1048	1048	22 electronic voting system, then the provisional ballots shall
1049	1049	23 be counted in a manner consistent with Article 24B.
1050	1050	24 (h) As soon as the ballots have been counted, the election
1051	1051	25 judges or election officials shall, in the presence of the
1052	1052	26 county clerk or board of election commissioners, place each of
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058	HB1769 - 28 - LRB104 07773 SPS 17818 b
1059	1059
1060	1060
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1062	1062	HB1769 - 29 - LRB104 07773 SPS 17818 b
1063	1063	1 the following items in a separate envelope or bag: (1) all
1064	1064	2 provisional ballots, voted or spoiled; (2) all provisional
1065	1065	3 ballot envelopes of provisional ballots voted or spoiled; and
1066	1066	4 (3) all executed affidavits of the provisional ballots voted
1067	1067	5 or spoiled. All provisional ballot envelopes for provisional
1068	1068	6 voters who have been determined not to be registered to vote
1069	1069	7 shall remain sealed. The county clerk or board of election
1070	1070	8 commissioners shall treat the provisional ballot envelope
1071	1071	9 containing the written affidavit as a voter registration
1072	1072	10 application for that person for the next election and process
1073	1073	11 that application. The election judges or election officials
1074	1074	12 shall then securely seal each envelope or bag, initial the
1075	1075	13 envelope or bag, and plainly mark on the outside of the
1076	1076	14 envelope or bag in ink the precinct in which the provisional
1077	1077	15 ballots were cast. The election judges or election officials
1078	1078	16 shall then place each sealed envelope or bag into a box, secure
1079	1079	17 and seal it in the same manner as described in item (6) of
1080	1080	18 subsection (b) of Section 18A-5. Each election judge or
1081	1081	19 election official shall take and subscribe an oath before the
1082	1082	20 county clerk or board of election commissioners that the
1083	1083	21 election judge or election official securely kept the ballots
1084	1084	22 and papers in the box, did not permit any person to open the
1085	1085	23 box or otherwise touch or tamper with the ballots and papers in
1086	1086	24 the box, and has no knowledge of any other person opening the
1087	1087	25 box. For purposes of this Section, the term "election
1088	1088	26 official" means the county clerk, a member of the board of
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093
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1095	1095
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1098	1098	HB1769 - 30 - LRB104 07773 SPS 17818 b
1099	1099	1 election commissioners, as the case may be, and their
1100	1100	2 respective employees.
1101	1101	3 (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1102	1102	4 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
1103	1103	5 (10 ILCS 5/19A-35)
1104	1104	6 Sec. 19A-35. Procedure for voting.
1105	1105	7 (a) Not more than 23 days before the start of the election,
1106	1106	8 the county clerk shall make available to the election official
1107	1107	9 conducting early voting by personal appearance a sufficient
1108	1108	10 number of early ballots, envelopes, and printed voting
1109	1109	11 instruction slips for the use of early voters. The election
1110	1110	12 official shall receipt for all ballots received and shall
1111	1111	13 return unused or spoiled ballots at the close of the early
1112	1112	14 voting period to the county clerk and must strictly account
1113	1113	15 for all ballots received. The ballots delivered to the
1114	1114	16 election official must include early ballots for each precinct
1115	1115	17 in the election authority's jurisdiction and must include
1116	1116	18 separate ballots for each political subdivision conducting an
1117	1117	19 election of officers or a referendum at that election.
1118	1118	20 (b) In conducting early voting under this Article, the
1119	1119	21 election judge or official is required to verify the signature
1120	1120	22 of the early voter by comparison with the signature on the
1121	1121	23 official registration card, and the judge or official must
1122	1122	24 verify (i) that the applicant is a registered voter, (ii) the
1123	1123	25 precinct in which the applicant is registered, and (iii) the
1124	1124
1125	1125
1126	1126
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1134	1134	1 proper ballots of the political subdivision in which the
1135	1135	2 applicant resides and is entitled to vote before providing an
1136	1136	3 early ballot to the applicant. The applicant's identity must
1137	1137	4 be verified by the applicant's presentation of a
1138	1138	5 government-issued photo identification card, as defined in
1139	1139	6 Section 3-8, or his or her Voter Identification Card. The
1140	1140	7 election judge or official must verify the applicant's
1141	1141	8 registration from the most recent poll list provided by the
1142	1142	9 election authority, and if the applicant is not listed on that
1143	1143	10 poll list, by telephoning the office of the election
1144	1144	11 authority.
1145	1145	12 (b-5) A person requesting an early voting ballot to whom a
1146	1146	13 vote by mail ballot was issued may vote early if the person
1147	1147	14 submits that vote by mail ballot to the judges of election or
1148	1148	15 official conducting early voting for cancellation. If the
1149	1149	16 voter is unable to submit the vote by mail ballot, it shall be
1150	1150	17 sufficient for the voter to submit to the judges or official
1151	1151	18 (i) a portion of the vote by mail ballot if the vote by mail
1152	1152	19 ballot was torn or mutilated or (ii) an affidavit executed
1153	1153	20 before the judges or official specifying that (A) the voter
1154	1154	21 never received a vote by mail ballot or (B) the voter completed
1155	1155	22 and returned a vote by mail ballot and was informed that the
1156	1156	23 election authority did not receive that vote by mail ballot.
1157	1157	24 (b-10) Within one day after a voter casts an early voting
1158	1158	25 ballot, the election authority shall transmit the voter's
1159	1159	26 name, street address, and precinct, ward, township, and
1160	1160
1161	1161
1162	1162
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