Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0181 Latest Draft

Bill / Introduced Version Filed 01/17/2025

                            104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0181 Introduced 1/17/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: See Index Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning electioneering at voting precincts, provides that electioneering includes the distribution of food or drinks to voters. Provides that each election authority shall establish procedures for the registration of voters and for change of address during the period from the close of registration for an election until the 7th day before the election (currently, the day of the election). Provides that a polling place shall not be located in any residential building, including, but not limited to, an apartment or dormitory. Provides that election authorities shall establish vote centers in at least 2 locations. Specifies the locations where vote centers shall be located. Provides that each election authority shall keep a secure record of the number of ballots printed and distributed to the judges of election at each polling place of each precinct or district. Provides that the State Board of Elections shall develop standards that each election authority shall implement for the 2026 general primary election, and all subsequent elections, to count and track the number of ballots printed and distributed. Removes provisions allowing voters to apply for permanent vote by mail status. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Provides that the county clerk or board of election commissioners shall complete the validation and counting of provisional ballots within 7 calendar days (rather than 14 calendar days) of the day after the election. Provides that specified vote by mail ballots returned to an election authority shall be counted on or before the 7th day after the election. Provides that any person who, during an early voting period, gathers on behalf of another and submits to an election authority more than 3 vote by mail ballots shall be guilty of a Class 4 felony. Makes other changes. LRB104 07582 SPS 17626 b   A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0181 Introduced 1/17/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:  See Index See Index  Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning electioneering at voting precincts, provides that electioneering includes the distribution of food or drinks to voters. Provides that each election authority shall establish procedures for the registration of voters and for change of address during the period from the close of registration for an election until the 7th day before the election (currently, the day of the election). Provides that a polling place shall not be located in any residential building, including, but not limited to, an apartment or dormitory. Provides that election authorities shall establish vote centers in at least 2 locations. Specifies the locations where vote centers shall be located. Provides that each election authority shall keep a secure record of the number of ballots printed and distributed to the judges of election at each polling place of each precinct or district. Provides that the State Board of Elections shall develop standards that each election authority shall implement for the 2026 general primary election, and all subsequent elections, to count and track the number of ballots printed and distributed. Removes provisions allowing voters to apply for permanent vote by mail status. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Provides that the county clerk or board of election commissioners shall complete the validation and counting of provisional ballots within 7 calendar days (rather than 14 calendar days) of the day after the election. Provides that specified vote by mail ballots returned to an election authority shall be counted on or before the 7th day after the election. Provides that any person who, during an early voting period, gathers on behalf of another and submits to an election authority more than 3 vote by mail ballots shall be guilty of a Class 4 felony. Makes other changes.  LRB104 07582 SPS 17626 b     LRB104 07582 SPS 17626 b   A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0181 Introduced 1/17/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning electioneering at voting precincts, provides that electioneering includes the distribution of food or drinks to voters. Provides that each election authority shall establish procedures for the registration of voters and for change of address during the period from the close of registration for an election until the 7th day before the election (currently, the day of the election). Provides that a polling place shall not be located in any residential building, including, but not limited to, an apartment or dormitory. Provides that election authorities shall establish vote centers in at least 2 locations. Specifies the locations where vote centers shall be located. Provides that each election authority shall keep a secure record of the number of ballots printed and distributed to the judges of election at each polling place of each precinct or district. Provides that the State Board of Elections shall develop standards that each election authority shall implement for the 2026 general primary election, and all subsequent elections, to count and track the number of ballots printed and distributed. Removes provisions allowing voters to apply for permanent vote by mail status. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Provides that the county clerk or board of election commissioners shall complete the validation and counting of provisional ballots within 7 calendar days (rather than 14 calendar days) of the day after the election. Provides that specified vote by mail ballots returned to an election authority shall be counted on or before the 7th day after the election. Provides that any person who, during an early voting period, gathers on behalf of another and submits to an election authority more than 3 vote by mail ballots shall be guilty of a Class 4 felony. Makes other changes.
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    LRB104 07582 SPS 17626 b
A BILL FOR
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  SB0181  LRB104 07582 SPS 17626 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 4-7, 5-17, 6-31, 6-31, 6-100, 7-41, 11-2, 11-8, 16-5,
6  17-9, 17-29, 18-5, 18A-5, 18A-15, 19-2, 19-3, 19-4, 19-6,
7  19-8, 19A-15, 20-2, 20-2.1, 20-2.2, and 20-2.3 and 19A-35 and
8  by adding Sections 1-14, 3-8, and 29-21 as follows:
9  (10 ILCS 5/1-14 new)
10  Sec. 1-14. Voter Identification Card.
11  (a) The Secretary of State shall issue a Voter
12  Identification Card to each registered voter who does not have
13  an acceptable form of photo identification card as defined in
14  Section 3-8. The Voter Identification Card shall include at
15  least: (i) the voter's name, signature, and photograph; (ii)
16  the State seal; and (iii) the voter's current residence
17  address. A Voter Identification Card is valid for as long as
18  the registered voter maintains the name and residence on the
19  Card. A Voter Identification Card may not be used for any
20  purpose other than to vote in Illinois.
21  (b) It is the intent of the General Assembly to provide the
22  Secretary of State with guidance on how to issue the Voter
23  Identification Card to those individuals who do not have an

 

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0181 Introduced 1/17/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning electioneering at voting precincts, provides that electioneering includes the distribution of food or drinks to voters. Provides that each election authority shall establish procedures for the registration of voters and for change of address during the period from the close of registration for an election until the 7th day before the election (currently, the day of the election). Provides that a polling place shall not be located in any residential building, including, but not limited to, an apartment or dormitory. Provides that election authorities shall establish vote centers in at least 2 locations. Specifies the locations where vote centers shall be located. Provides that each election authority shall keep a secure record of the number of ballots printed and distributed to the judges of election at each polling place of each precinct or district. Provides that the State Board of Elections shall develop standards that each election authority shall implement for the 2026 general primary election, and all subsequent elections, to count and track the number of ballots printed and distributed. Removes provisions allowing voters to apply for permanent vote by mail status. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Provides that the county clerk or board of election commissioners shall complete the validation and counting of provisional ballots within 7 calendar days (rather than 14 calendar days) of the day after the election. Provides that specified vote by mail ballots returned to an election authority shall be counted on or before the 7th day after the election. Provides that any person who, during an early voting period, gathers on behalf of another and submits to an election authority more than 3 vote by mail ballots shall be guilty of a Class 4 felony. Makes other changes.
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    LRB104 07582 SPS 17626 b
A BILL FOR

 

 

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1  acceptable form of photo identification as defined in Section
2  3-8.
3  (c) Within a reasonable time after the effective date of
4  this amendatory Act of the 104th General Assembly, the
5  Secretary of State shall provide application forms for the
6  Voter Identification Card. Any registered voter who meets the
7  criteria set forth in this Section and who provides the proper
8  documentation required under subsection (d) shall receive a
9  Voter Identification Card.
10  (d) The Secretary of State shall require the presentation
11  and verification of the following information for issuance of
12  a Voter Registration Card:
13  (1) A photo identity document, except that a non-photo
14  identity document, as defined in subsection (e), is
15  acceptable if it includes both the applicant's name and
16  date of birth.
17  (2) Documentation showing the applicant's date of
18  birth.
19  (3) Evidence of voter registration.
20  (4) Documentation, as defined in subsection (f),
21  showing the applicant's name and principal residence
22  address.
23  (e) A non-photo identity document must include the
24  applicant's name and date of birth. Any of the following shall
25  constitute a non-photo identity document in lieu of a photo
26  identity document:

 

 

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1  (1) An original birth certificate or certified copy of
2  a birth certificate.
3  (2) A voter registration card.
4  (3) A copy of records filed in court by the applicant
5  or on behalf of the applicant by the applicant's counsel.
6  (4) A naturalization document.
7  (5) A copy of the applicant's marriage license.
8  (6) A copy of the State or federal tax return filed by
9  the applicant for the previous calendar year.
10  (7) An original of the annual Social Security
11  statement received by the applicant for the current or
12  preceding calendar year.
13  (8) An original of a Medicare or Medicaid statement
14  received by the applicant.
15  (9) A certified school record or transcript for the
16  current or preceding calendar year.
17  (f) Any of the following documents shall be acceptable as
18  documentation of the applicant's name and current address:
19  (1) A voter registration card.
20  (2) A utility bill or cable bill.
21  (3) A bank statement issued within the last 60 days.
22  (4) A valid and current rental agreement.
23  (5) A copy of the State or federal tax return filed by
24  the applicant for the previous calendar year.
25  (6) A homeowner's insurance policy or bill for the
26  current or preceding year.

 

 

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1  (7) A mortgage, deed, or property tax bill for the
2  current or preceding year.
3  (8) A W-2 for the preceding calendar year.
4  (g) Voters who are indigent and unable to obtain a Voter
5  Identification Card without a fee and voters who have a
6  religious objection to being photographed may vote a
7  provisional ballot and sign an affidavit which indicates that
8  one of the exemptions stated in this subsection applies. As
9  used in this Section, "indigent person" means an individual
10  whose income is 125% or less of the current federal poverty
11  income guidelines updated periodically in the Federal Register
12  by the U.S. Department of Health and Human Services under the
13  authority of 42 U.S.C. 9902(2).
14  (10 ILCS 5/3-8 new)
15  Sec. 3-8. Acceptable forms of photo identification for
16  voting purposes. As used in this Code, acceptable forms of
17  photo identification for voting purposes include:
18  (1) An Illinois Driver's License.
19  (2) An Illinois Identification Card.
20  (3) An Illinois Disabled Person Identification Card.
21  (4) A Senior Citizen Identification Card.
22  (5) A FOID Card.
23  (6) A U.S. Passport with the voter's current address.
24  (7) Any other government-issued identification card
25  that includes the voter's name, current photograph, and

 

 

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1  current address.
2  All photo identification cards must be valid and current.
3  (10 ILCS 5/4-7) (from Ch. 46, par. 4-7)
4  Sec. 4-7. In counties having a re-registration in 1969 and
5  1970, there shall be 3 days of precinct re-registration in
6  each precinct. The first of such 3 days shall be Friday,
7  November 21, 1969; the second, Friday, December 19, 1969; and
8  the third, Tuesday, January 15, 1970. In all counties over
9  1,000,000 population, or in counties under 1,000,000
10  population if the county clerk determines to have precinct
11  registration in the county pursuant to Section 4-6.1 there
12  shall be one day of precinct registration preceding each
13  regular election on the first Tuesday after the first Monday
14  in November of even numbered years, on Saturday preceding the
15  Tuesday 6 weeks preceding the election. The county board shall
16  have authority to designate 2 days of registration in each
17  precinct, in which event the second day of precinct
18  registration shall be 29 days before such election. On each
19  day of registration, the registration places shall be opened
20  at noon and remain open until 9:00 P.M. The provisions of
21  Section 4-3 of this Article shall apply to the selection of
22  places of registration or re-registration under this Section.
23  At least 20 days prior to a precinct registration or
24  re-registration, the county clerk shall publish a notice of
25  registration or re-registration, giving the dates, hours and

 

 

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1  places of registration or re-registration, in a newspaper of
2  general circulation published in the county, if there is one,
3  or otherwise in a newspaper of general circulation in such
4  county.
5  The election authorities shall issue credentials to
6  registration day pollwatchers in the manner and on the terms
7  prescribed in Section 17-23 with respect to pollwatchers at
8  elections. Registration day pollwatchers shall be allowed to
9  see the names and addresses of the people who have registered
10  during the course of the day.
11  No person shall, at any precinct registration or
12  reregistration, do any electioneering or soliciting of votes
13  or engage in any political discussion within any precinct
14  registration place or within 30 feet thereof. Nothing in this
15  Act shall be construed to prohibit any candidate from being
16  present in or near any precinct registration place. All
17  persons who register to vote at any precinct registration
18  place must be residents of the precinct in which they
19  register.
20  As used in this Section, "electioneering" includes, except
21  in the ordinary course of business, the distribution of food
22  or drinks to voters.
23  (Source: P.A. 81-1535.)
24  (10 ILCS 5/5-17) (from Ch. 46, par. 5-17)
25  Sec. 5-17. If the county clerk determines, as provided in

 

 

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1  Section 5-16.1, to have precinct registration in the county,
2  the board of county commissioners shall, prior to any general
3  state election held in the month of November of any even
4  numbered year designate a day or days and shall designate
5  convenient places in the townships or cities or villages or
6  incorporated towns for registration of voters. Such day or
7  days shall not be more than 36 nor less than 28 days before
8  such election.
9  The provisions of Section 5-3 of this Article shall apply
10  to the selection of places of registration under this Section
11  and the provisions of Section 5-3 relative to the attendance
12  of police officers during the conduct of such registration
13  shall also apply.
14  The officers of registration chosen to conduct
15  registrations under the provisions of this Section shall be
16  chosen by the county clerk.
17  In choosing officers of registration, the county clerk
18  shall choose only persons residing in the township in which
19  the place of registration is located. He shall choose, in each
20  precinct, 3 officers of registration, at least one from each
21  of the 2 major political parties. The county clerk may appoint
22  additional officers of registration in precincts which have
23  had sudden increases in population.
24  The officers so chosen shall be voters registered under
25  the provisions of this Article 5, and shall have the same
26  qualifications and take the same oath as required of

 

 

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1  registration officers under Section 5-4 of this Article 5, and
2  shall be subject to the same penalties.
3  The places of registration designated by the board of
4  county commissioners under the provisions of this Section
5  shall be open from 8 a.m. to 9 p.m. on such day or days as may
6  be specified by the board of county commissioners.
7  Registration under this Section shall be made in the same
8  manner as provided for precinct registration under the
9  provisions of this Article 5, but the canvass of registration
10  shall be made by 2 registration officers of different
11  political affiliations, said registration officers to be
12  designated by the county clerk and the hearing and final
13  revision of the registry heretofore conducted by the board of
14  revision shall be performed by the county clerk or his deputy
15  on the Monday and Tuesday following precinct registration.
16  Said revision under this Section shall take place at the
17  office of the county clerk between the hours of 9 a.m. and 9
18  p.m.
19  The registration officers shall make their returns to the
20  county clerk not later than noon of the day following the last
21  day of the canvass of registration provided by this Section.
22  The election authorities shall issue credentials to
23  registration day pollwatchers in the manner and on the terms
24  prescribed in Section 17-23 with respect to pollwatchers at
25  elections. Registration day pollwatchers shall be allowed to
26  see the names and addresses of the people who have registered

 

 

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1  during the course of the day.
2  No person shall, at any precinct registration or
3  reregistration, do any electioneering or soliciting of votes
4  or engage in any political discussion within any precinct
5  registration place or within 30 feet thereof. Nothing in this
6  Act shall be construed to prohibit any candidate from being
7  present in or near any precinct registration place. All
8  persons who register to vote at any precinct registration
9  place must be residents of the precinct in which they
10  register.
11  As used in this Section, "electioneering" includes, except
12  in the ordinary course of business, the distribution of food
13  or drinks to voters.
14  (Source: P.A. 81-1535.)
15  (10 ILCS 5/6-31) (from Ch. 46, par. 6-31)
16  Sec. 6-31. In addition to the registration authorized at
17  the office of the Board of Election Commissioners, there shall
18  be two days of registration in each precinct preceding the
19  election to be held on the first Tuesday after the first Monday
20  in November, 1936. The place of registration in each precinct
21  shall be designated by the Board of Election Commissioners,
22  and public notice thereof given, and the provisions of Article
23  11, Section 11-4 of this Act shall apply thereto. The
24  registration places so designated shall be open from 8:00
25  o'clock a.m. until 9:00 o'clock p.m. on each of such days of

 

 

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1  registration.
2  The first of said two days of registration shall be on
3  Saturday preceding the Tuesday four weeks before said
4  election; the second of said two days of registration shall be
5  on Tuesday three weeks preceding said election; provided,
6  however, that in cities, villages and incorporated towns of
7  200,000 or more, having a board of election commissioners, and
8  in cities, villages and incorporated towns within the
9  jurisdiction of said board of election commissioners, the
10  first day of registration shall be on Saturday preceding the
11  Tuesday six weeks preceding said election; and the second day
12  of such registration shall be on Tuesday four weeks preceding
13  said election.
14  In addition to the two days of registration hereinabove
15  provided, the Board of Election Commissioners may provide for
16  additional days of registration (not exceeding two) before
17  said election. The last day so designated shall be earlier
18  than the last day of registration hereinabove provided for
19  cities, villages and incorporated towns under the jurisdiction
20  of such Board.
21  For the registration held in accordance with the terms of
22  this section there shall be a board of registry composed of two
23  deputy registrars and one judge of registration for each
24  precinct. The political party with which the minority member
25  of the Board of Election Commissioners is affiliated, shall be
26  entitled to be represented by one deputy registrar in each

 

 

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1  precinct. The political party with which the majority of the
2  members of the Board of Election Commissioners are affiliated
3  shall be entitled to be represented by one deputy registrar in
4  each precinct.
5  In the even numbered precincts the political party with
6  which a majority of the members of the Board of Election
7  Commissioners are affiliated, shall be entitled to be
8  represented by the judge of registration.
9  In the odd numbered precincts the party represented by the
10  minority member of the Board of Election Commissioners shall
11  be entitled to be represented by the judge of registration.
12  Such board shall cause the printed list and supplement of
13  the registration for the previous election to be posted up at
14  the place of registration two days before such registration,
15  with a printed notice of the time and place of the next
16  registration. After the first registration under this article,
17  the printed lists required to be posted shall be those for the
18  precincts served by the registration places designated by the
19  Board of Election Commissioners.
20  The election authorities shall issue credentials to
21  registration day pollwatchers in the manner and on the terms
22  prescribed in Section 17-23 with respect to pollwatchers at
23  elections. Registration day pollwatchers shall be allowed to
24  see the names and addresses of the people who have registered
25  during the course of the day.
26  No person shall, at any precinct registration or

 

 

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1  reregistration, do any electioneering or soliciting of votes
2  or engage in any political discussion within any precinct
3  registration place or within 30 feet thereof. Nothing in this
4  Act shall be construed to prohibit any candidate from being
5  present in or near any precinct registration place. All
6  persons who register to vote at any precinct registration
7  place must be residents of the precinct in which they
8  register.
9  As used in this Section, "electioneering" includes, except
10  in the ordinary course of business, the distribution of food
11  or drinks to voters.
12  (Source: P.A. 81-1535.)
13  (10 ILCS 5/6-100)
14  Sec. 6-100. Grace period.  Notwithstanding any other
15  provision of this Code to the contrary, each election
16  authority shall establish procedures for the registration of
17  voters and for change of address during the period from the
18  close of registration for an election until the 7th day before
19  the election and including the day of the election. During
20  this grace period, an unregistered qualified elector may
21  register to vote, and a registered voter may submit a change of
22  address form, in person in the office of the election
23  authority, at a permanent polling place established under
24  Section 19A-10, at any other early voting site beginning 15
25  days prior to the election, at a polling place on election day,

 

 

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1  or at a voter registration location specifically designated
2  for this purpose by the election authority. Grace period
3  registration and changes of address shall also be conducted
4  for eligible residents in connection with voting at facilities
5  under Section 19-12.2 of this Code. The election authority
6  shall register that individual, or change a registered voter's
7  address, in the same manner as otherwise provided by this
8  Article for registration and change of address.
9  If a voter who registers or changes address during this
10  grace period wishes to vote at the election or primary
11  occurring during the grace period. The election authority
12  shall offer in-person grace period voting at the authority's
13  office, any permanent polling place established under Section
14  19A-10, and at any other early voting site beginning 15 days
15  prior to the election, at a polling place on election day,
16  where grace period registration is required by this Section;
17  and may offer in-person grace period voting at additional
18  hours and locations specifically designated for the purpose of
19  grace period voting by the election authority. The election
20  authority may allow grace period voting by mail only if the
21  election authority has no ballots prepared at the authority's
22  office. Grace period voting shall be in a manner substantially
23  similar to voting under Article 19A.
24  Within one day after a voter casts a grace period ballot,
25  or within one day after the ballot is received by the election
26  authority if the election authority allows grace period voting

 

 

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1  by mail, the election authority shall transmit by electronic
2  means pursuant to a process established by the State Board of
3  Elections the voter's name, street address, e-mail address,
4  and precinct, ward, township, and district numbers, as the
5  case may be, to the State Board of Elections, which shall
6  maintain those names and that information in an electronic
7  format on its website, arranged by county and accessible to
8  State and local political committees. The name of each person
9  issued a grace period ballot shall also be placed on the
10  appropriate precinct list of persons to whom vote by mail and
11  early ballots have been issued, for use as provided in
12  Sections 17-9 and 18-5.
13  A person who casts a grace period ballot shall not be
14  permitted to revoke that ballot and vote another ballot with
15  respect to that primary or election. Ballots cast by persons
16  who register or change address during the grace period at a
17  location other than their designated polling place on election
18  day must be transmitted to and counted at the election
19  authority's central ballot counting location and shall not be
20  transmitted to and counted at precinct polling places. The
21  grace period ballots determined to be valid shall be added to
22  the vote totals for the precincts for which they were cast in
23  the order in which the ballots were opened.
24  In counties with a population of less than 100,000 that do
25  not have electronic poll books, the election authority may opt
26  out of registration in the polling place if the election

 

 

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1  authority establishes grace period registration and voting at
2  other sites on election day at the following sites: (i) the
3  election authority's main office and (ii) a polling place in
4  each municipality where 20% or more of the county's residents
5  reside if the election authority's main office is not located
6  in that municipality. The election authority may establish
7  other grace period registration and voting sites on election
8  day provided that the election authority has met the notice
9  requirements of Section 19A-25 for permanent and temporary
10  early voting sites.
11  (Source: P.A. 100-442, eff. 8-25-17.)
12  (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
13  Sec. 7-41. (a) All officers upon whom is imposed by law the
14  duty of designating and providing polling places for general
15  elections, shall provide in each such polling place so
16  designated and provided, a sufficient number of booths for
17  such primary election, which booths shall be provided with
18  shelves, such supplies and pencils as will enable the voter to
19  prepare his ballot for voting and in which voters may prepare
20  their ballots screened from all observation as to the manner
21  in which they do so. Such booths shall be within plain view of
22  the election officers and both they and the ballot boxes shall
23  be within plain view of those within the proximity of the
24  voting booths. No person other than election officers and the
25  challengers allowed by law and those admitted for the purpose

 

 

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1  of voting, as hereinafter provided, shall be permitted within
2  the proximity of the voting booths, except by authority of the
3  primary officers to keep order and enforce the law.
4  (b) The number of such voting booths shall not be less than
5  one to every seventy-five voters or fraction thereof, who
6  voted at the last preceding election in the precinct or
7  election district.
8  (c) No person shall do any electioneering or soliciting of
9  votes on primary day within any polling place or within one
10  hundred feet of any polling place, or, at the option of a
11  church or private school, on any of the property of that church
12  or private school that is a polling place. Election officers
13  shall place 2 or more cones, small United States national
14  flags, or some other marker a distance of 100 horizontal feet
15  from each entrance to the room used by voters to engage in
16  voting, which shall be known as the polling room. If the
17  polling room is located within a building that is a private
18  business, a public or private school, or a church or other
19  organization founded for the purpose of religious worship and
20  the distance of 100 horizontal feet ends within the interior
21  of the building, then the markers shall be placed outside of
22  the building at each entrance used by voters to enter that
23  building on the grounds adjacent to the thoroughfare or
24  walkway. If the polling room is located within a public or
25  private building with 2 or more floors and the polling room is
26  located on the ground floor, then the markers shall be placed

 

 

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1  100 horizontal feet from each entrance to the polling room
2  used by voters to engage in voting. If the polling room is
3  located in a public or private building with 2 or more floors
4  and the polling room is located on a floor above or below the
5  ground floor, then the markers shall be placed a distance of
6  100 feet from the nearest elevator or staircase used by voters
7  on the ground floor to access the floor where the polling room
8  is located. The area within where the markers are placed shall
9  be known as a campaign free zone, and electioneering is
10  prohibited pursuant to this subsection. Notwithstanding any
11  other provision of this Section, a church or private school
12  may choose to apply the campaign free zone to its entire
13  property, and, if so, the markers shall be placed near the
14  boundaries on the grounds adjacent to the thoroughfares or
15  walkways leading to the entrances used by the voters. At or
16  near the door of each polling place, the election judges shall
17  place signage indicating the proper entrance to the polling
18  place. In addition, the election judges shall ensure that a
19  sign identifying the location of the polling place is placed
20  on a nearby public roadway. The State Board of Elections shall
21  establish guidelines for the placement of polling place
22  signage.
23  The area on polling place property beyond the campaign
24  free zone, whether publicly or privately owned, is a public
25  forum for the time that the polls are open on an election day.
26  At the request of election officers any publicly owned

 

 

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1  building must be made available for use as a polling place. A
2  person shall have the right to congregate and engage in
3  electioneering on any polling place property while the polls
4  are open beyond the campaign free zone, including but not
5  limited to, the placement of temporary signs. This subsection
6  shall be construed liberally in favor of persons engaging in
7  electioneering on all polling place property beyond the
8  campaign free zone for the time that the polls are open on an
9  election day.
10  (d) The regulation of electioneering on polling place
11  property on an election day, including but not limited to the
12  placement of temporary signs, is an exclusive power and
13  function of the State. A home rule unit may not regulate
14  electioneering and any ordinance or local law contrary to
15  subsection (c) is declared void. This is a denial and
16  limitation of home rule powers and functions under subsection
17  (h) of Section 6 of Article VII of the Illinois Constitution.
18  (e) As used in this Section, "electioneering" includes,
19  except in the ordinary course of business, the distribution of
20  food or drinks to voters.
21  (Source: P.A. 95-699, eff. 11-9-07.)
22  (10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
23  Sec. 11-2. Election precincts. The County Board in each
24  county, except in counties having a population of 3,000,000
25  inhabitants or over, shall, at its regular meeting in June or

 

 

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1  an adjourned meeting in July, divide its election precincts so
2  that each precinct shall contain, as near as may be
3  practicable, 1,200 registered voters. Insofar as is
4  practicable, each precinct shall be situated within a single
5  congressional, legislative and representative district and in
6  not more than one County Board district and one municipal
7  ward. In order to situate each precinct within a single
8  district or ward, the County Board shall change the boundaries
9  of election precincts after each decennial census as soon as
10  is practicable following the completion of congressional and
11  legislative redistricting, except that, in 2021, the county
12  board shall change the boundaries at a regular or special
13  meeting within 60 days after the effective date of this
14  amendatory Act of the 102nd General Assembly. In determining
15  whether a division of precincts should be made, the county
16  board may anticipate increased voter registration in any
17  precinct in which there is in progress new construction of
18  dwelling units which will be occupied by voters more than 30
19  days before the next election. Each district shall be composed
20  of contiguous territory in as compact form as can be for the
21  convenience of the electors voting therein. The several county
22  boards in establishing districts shall describe them by metes
23  and bounds and number them. And so often thereafter as it shall
24  appear by the number of votes cast at the general election held
25  in November of any year, that any election district or
26  undivided election precinct contains more than 1,200

 

 

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1  registered voters, the County Board of the county in which the
2  district or precinct may be, shall at its regular meeting in
3  June, or an adjourned meeting in July next, after such
4  November election, redivide or readjust such election district
5  or election precinct, so that no district or election precinct
6  shall contain more than the number of votes above specified.
7  If for any reason the County Board fails in any year to
8  redivide or readjust the election districts or election
9  precinct, then the districts or precincts as then existing
10  shall continue until the next regular June meeting of the
11  County Board; at which regular June meeting or an adjourned
12  meeting in July the County Board shall redivide or readjust
13  the election districts or election precincts in manner as
14  herein required. When at any meeting of the County Board any
15  redivision, readjustment or change in name or number of
16  election districts or election precincts is made by the County
17  Board, the County Clerk shall immediately notify the State
18  Board of Elections of such redivision, readjustment or change.
19  The County Board in every case shall fix and establish the
20  places for holding elections in its respective county and all
21  elections shall be held at the places so fixed. The polling
22  places shall in all cases be upon the ground floor in the front
23  room, the entrance to which is in a highway or public street
24  which is at least 40 feet wide, and is as near the center of
25  the voting population of the precinct as is practicable, and
26  for the convenience of the greatest number of electors to vote

 

 

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1  thereat; provided, however, where the County Board is unable
2  to secure a suitable polling place within the boundaries of a
3  precinct, it may select a polling place at the most
4  conveniently located suitable place outside the precinct; but
5  in no case shall an election be held in any residential
6  building, including, but not limited to, an apartment or
7  dormitory, or any room used or occupied as a saloon, dramshop,
8  bowling alley or as a place of resort for idlers and
9  disreputable persons, billiard hall or in any room connected
10  therewith by doors or hallways. No person shall be permitted
11  to vote at any election except at the polling place for the
12  precinct in which he resides, except as otherwise provided in
13  this Section or Article 19 of this Act. In counties having a
14  population of 3,000,000 inhabitants or over the County Board
15  shall divide its election precincts and shall fix and
16  establish places for holding elections as hereinbefore
17  provided during the month of January instead of at its regular
18  meeting in June or at an adjourned meeting in July.
19  However, in the event that additional divisions of
20  election precincts are indicated after a division made by the
21  County Board in the month of January, such additional
22  divisions may be made by the County Board in counties having a
23  population of 3,000,000 inhabitants or over, at the regular
24  meeting in June or at adjourned meeting in July. The county
25  board of such county may divide or readjust precincts at any
26  meeting of the county board when the voter registration in a

 

 

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1  precinct has increased beyond 1,800 registered voters and an
2  election is scheduled before the next regular January or June
3  meeting of the county board.
4  When in any city, village or incorporated town territory
5  has been annexed thereto or disconnected therefrom, which
6  annexation or disconnection becomes effective after election
7  precincts or election districts have been established as above
8  provided in this Section, the clerk of the municipality shall
9  inform the county clerk thereof as provided in Section 4-21,
10  5-28.1, or 6-31.1, whichever is applicable. In the event that
11  a regular meeting of the County Board is to be held after such
12  notification and before any election, the County Board shall,
13  at its next regular meeting establish new election precinct
14  lines in affected territory. In the event that no regular
15  meeting of the County Board is to be held before such election
16  the county clerk shall, within 5 days after being so informed,
17  call a special meeting of the county board on a day fixed by
18  him not more than 20 days thereafter for the purpose of
19  establishing election precincts or election districts in the
20  affected territory for the ensuing elections.
21  At any consolidated primary or consolidated election at
22  which municipal officers are to be elected, and at any
23  emergency referendum at which a public question relating to a
24  municipality is to be voted on, notwithstanding any other
25  provision of this Code, the election authority shall establish
26  a polling place within such municipality, upon the request of

 

 

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1  the municipal council or board of trustees at least 60 days
2  before the election and provided that the municipality
3  provides a suitable polling place. To accomplish this purpose,
4  the election authority may establish an election precinct
5  constituting a single municipality of under 500 population for
6  all elections, notwithstanding the minimum precinct size
7  otherwise specified herein.
8  Notwithstanding the above, when there are no more than 50
9  registered voters in a precinct who are entitled to vote in a
10  local government or school district election, the election
11  authority having jurisdiction over the precinct is authorized
12  to reassign such voters to one or more polling places in
13  adjacent precincts, within or without the election authority's
14  jurisdiction, for that election. For the purposes of such
15  local government or school district election only, the votes
16  of the reassigned voters shall be tallied and canvassed as
17  votes from the precinct of the polling place to which such
18  voters have been reassigned. The election authority having
19  jurisdiction over the precinct shall approve all
20  administrative and polling place procedures. Such procedures
21  shall take into account voter convenience, and ensure that the
22  integrity of the election process is maintained and that the
23  secrecy of the ballot is not violated.
24  Except in the event of a fire, flood or total loss of heat
25  in a place fixed or established by any county board or election
26  authority pursuant to this Section as a polling place for an

 

 

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1  election, no election authority shall change the location of a
2  polling place so established for any precinct after notice of
3  the place of holding the election for that precinct has been
4  given as required under Article 12 unless the election
5  authority notifies all registered voters in the precinct of
6  the change in location by first class mail in sufficient time
7  for such notice to be received by the registered voters in the
8  precinct at least one day prior to the date of the election.
9  The provisions of this Section apply to all precincts,
10  including those where voting machines or electronic voting
11  systems are used.
12  (Source: P.A. 102-668, eff. 11-15-21.)
13  (10 ILCS 5/11-8)
14  (Section scheduled to be repealed on July 1, 2029)
15  Sec. 11-8. Vote centers.
16  (a) Notwithstanding any law to the contrary, election
17  authorities shall establish at least 2 locations that provide
18  curbside voting one location to be located at : (i) at least one
19  location shall be located in a municipality with a population
20  of less than 5,000 that is accessible to the greatest number of
21  rural voters; and (ii) at least one location shall be located
22  in an office of the election authority or in the largest
23  municipality within its jurisdiction where all voters in its
24  jurisdiction are allowed to vote on election day during
25  polling place hours, regardless of the precinct in which they

 

 

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1  are registered, and that location shall provide curbside
2  voting. Election authorities may establish more than one vote
3  center, but in jurisdictions with a population of more than
4  500,000 inhabitants, the election authority shall establish at
5  least 2 vote centers. An election authority establishing such
6  a vote center location under this Section shall identify the
7  locations location and any health and safety requirements by
8  the 40th day preceding an election and shall certify such to
9  the State Board of Elections.
10  (b) This Section is repealed on July 1, 2029.
11  (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
12  102-1109, eff. 12-21-22; 103-467, eff. 8-4-23.)
13  (10 ILCS 5/16-5) (from Ch. 46, par. 16-5)
14  Sec. 16-5. Distribution of ballots.
15  (a) For all elections to which this article applies, the
16  county clerks, in their respective counties, shall have charge
17  of the printing of the ballots for all elections, including
18  referenda, and shall furnish them to the judges of election.
19  In municipalities and counties having a board of election
20  commissioners, such board shall have charge of the printing of
21  the ballots and furnish them to the judges of election within
22  the territory under their jurisdiction. Ballots shall be
23  printed and in possession of the respective election
24  authorities at least two days before each election and subject
25  to the inspection of candidates and their agents; if any

 

 

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1  mistakes be discovered they shall be corrected without delay.
2  The election authority shall cause to be delivered to the
3  judges of election at the polling place of each precinct or
4  district, not less than twelve hours before the time fixed by
5  law for the opening of the polls therein, at least 10% more
6  ballots of the kind to be voted in such precinct or district
7  than the number of voters registered therein for the purposes
8  of such election, such ballots shall be put up in separate
9  sealed packages, with marks on the outside clearly designating
10  the polling place for which they are intended and the number of
11  ballots enclosed, and receipt therefor shall be given by the
12  judges of election to whom they are delivered, which receipt
13  shall be preserved by the election authority. The election
14  authority shall provide and retain at its office an ample
15  supply of ballots, in addition to those distributed to the
16  several voting precincts or districts, and if at any time on or
17  before the day of election the ballots furnished to any
18  precinct shall be lost, destroyed or exhausted before the
19  polls are closed, on written application signed by a majority
20  of the judges he or they shall immediately cause to be
21  delivered to such judges at the polling place, such additional
22  supply of ballots as may be required and sufficient to comply
23  with the provisions of this Act.
24  (b) No person, other than a person acting on behalf of an
25  election authority, shall print and distribute ballots to the
26  judges of election at a polling place at a precinct or

 

 

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1  district.
2  (c) Each election authority shall keep a secure record of
3  the number of ballots printed and distributed to the judges of
4  election at each polling place of each precinct or district.
5  The State Board of Elections shall develop standards that each
6  election authority shall implement for the 2026 general
7  primary election, and all subsequent elections, to count and
8  track the number of ballots printed and distributed as
9  described in this Section.
10  (Source: P.A. 80-1469.)
11  (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
12  Sec. 17-9. Any person desiring to vote shall (i) present
13  to the judges of election for verification of the person's
14  identity a government-issued photo identification card, as
15  defined in Section 3-8, or his or her Voter Identification
16  Card and (ii) give his name and, if required to do so, his
17  residence to the judges of election, one of whom shall
18  thereupon announce the same in a loud and distinct tone of
19  voice, clear, and audible; the judges of elections shall check
20  each application for ballot against the list of voters
21  registered in that precinct to whom grace period, vote by
22  mail, or early ballots have been issued for that election,
23  which shall be provided by the election authority and which
24  list shall be available for inspection by pollwatchers. A
25  voter applying to vote in the precinct on election day whose

 

 

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1  name appears on the list as having been issued a grace period,
2  vote by mail, or early ballot shall not be permitted to vote in
3  the precinct, except that a voter to whom a vote by mail ballot
4  was issued may vote in the precinct if the voter submits to the
5  election judges that vote by mail ballot for cancellation. If
6  the voter is unable to submit the vote by mail ballot, it shall
7  be sufficient for the voter to submit to the election judges
8  (i) a portion of the vote by mail ballot if the vote by mail
9  ballot was torn or mutilated or (ii) an affidavit executed
10  before the election judges specifying that (A) the voter never
11  received a vote by mail ballot or (B) the voter completed and
12  returned a vote by mail ballot and was informed that the
13  election authority did not receive that vote by mail ballot.
14  All applicable provisions of Articles 4, 5 or 6 shall be
15  complied with and if such name is found on the register of
16  voters by the officer having charge thereof, he shall likewise
17  repeat said name, and the voter shall be allowed to enter
18  within the proximity of the voting booths, as above provided.
19  One of the judges shall give the voter one, and only one of
20  each ballot to be voted at the election, on the back of which
21  ballots such judge shall indorse his initials in such manner
22  that they may be seen when each such ballot is properly folded,
23  and the voter's name shall be immediately checked on the
24  register list. In those election jurisdictions where
25  perforated ballot cards are utilized of the type on which
26  write-in votes can be cast above the perforation, the election

 

 

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1  authority shall provide a space both above and below the
2  perforation for the judge's initials, and the judge shall
3  endorse his or her initials in both spaces. Whenever a
4  proposal for a constitutional amendment or for the calling of
5  a constitutional convention is to be voted upon at the
6  election, the separate blue ballot or ballots pertaining
7  thereto shall, when being handed to the voter, be placed on top
8  of the other ballots to be voted at the election in such manner
9  that the legend appearing on the back thereof, as prescribed
10  in Section 16-6 of this Act, shall be plainly visible to the
11  voter. At all elections, when a registry may be required, if
12  the name of any person so desiring to vote at such election is
13  not found on the register of voters, he or she shall not
14  receive a ballot until he or she shall have complied with the
15  law prescribing the manner and conditions of voting by
16  unregistered voters. If any person desiring to vote at any
17  election shall be challenged, he or she shall not receive a
18  ballot until he or she shall have established his right to vote
19  in the manner provided hereinafter; and if he or she shall be
20  challenged after he has received his ballot, he shall not be
21  permitted to vote until he or she has fully complied with such
22  requirements of the law upon being challenged. Besides the
23  election officer, not more than 2 voters in excess of the whole
24  number of voting booths provided shall be allowed within the
25  proximity of the voting booths at one time. The provisions of
26  this Act, so far as they require the registration of voters as

 

 

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1  a condition to their being allowed to vote shall not apply to
2  persons otherwise entitled to vote, who are, at the time of the
3  election, or at any time within 60 days prior to such election
4  have been engaged in the military or naval service of the
5  United States, and who appear personally at the polling place
6  on election day and produce to the judges of election
7  satisfactory evidence thereof, but such persons, if otherwise
8  qualified to vote, shall be permitted to vote at such election
9  without previous registration.
10  All such persons shall also make an affidavit which shall
11  be in substantially the following form:
12  State of Illinois,)
13  ) ss.
14  County of ........)
15  ............... Precinct .......... Ward
16  I, ...., do solemnly swear (or affirm) that I am a citizen
17  of the United States, of the age of 18 years or over, and that
18  within the past 60 days prior to the date of this election at
19  which I am applying to vote, I have been engaged in the ....
20  (military or naval) service of the United States; and I am
21  qualified to vote under and by virtue of the Constitution and
22  laws of the State of Illinois, and that I am a legally
23  qualified voter of this precinct and ward except that I have,
24  because of such service, been unable to register as a voter;
25  that I now reside at .... (insert street and number, if any) in
26  this precinct and ward; that I have maintained a legal

 

 

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1  residence in this precinct and ward for 30 days and in this
2  State 30 days next preceding this election.
3  .........................
4  Subscribed and sworn to before me on (insert date).
5  .........................
6  Judge of Election.
7  The affidavit of any such person shall be supported by the
8  affidavit of a resident and qualified voter of any such
9  precinct and ward, which affidavit shall be in substantially
10  the following form:
11  State of Illinois,)
12  ) ss.
13  County of ........)
14  ........... Precinct ........... Ward
15  I, ...., do solemnly swear (or affirm), that I am a
16  resident of this precinct and ward and entitled to vote at this
17  election; that I am acquainted with .... (name of the
18  applicant); that I verily believe him to be an actual bona fide
19  resident of this precinct and ward and that I verily believe
20  that he or she has maintained a legal residence therein 30 days
21  and in this State 30 days next preceding this election.
22  .........................
23  Subscribed and sworn to before me on (insert date).
24  .........................
25  Judge of Election.

 

 

  SB0181 - 31 - LRB104 07582 SPS 17626 b

.........................

.........................

Judge of Election.

.........................

.........................

Judge of Election.


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1  All affidavits made under the provisions of this Section
2  shall be enclosed in a separate envelope securely sealed, and
3  shall be transmitted with the returns of the elections to the
4  county clerk or to the board of election commissioners, who
5  shall preserve the said affidavits for the period of 6 months,
6  during which period such affidavits shall be deemed public
7  records and shall be freely open to examination as such.
8  (Source: P.A. 98-1171, eff. 6-1-15.)
9  (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
10  Sec. 17-29. (a) No judge of election, pollwatcher, or
11  other person shall, at any primary or election, do any
12  electioneering or soliciting of votes or engage in any
13  political discussion within any polling place, within 100 feet
14  of any polling place, or, at the option of a church or private
15  school, on any of the property of that church or private school
16  that is a polling place; no person shall interrupt, hinder or
17  oppose any voter while approaching within those areas for the
18  purpose of voting. Judges of election shall enforce the
19  provisions of this Section.
20  (b) Election officers shall place 2 or more cones, small
21  United States national flags, or some other marker a distance
22  of 100 horizontal feet from each entrance to the room used by
23  voters to engage in voting, which shall be known as the polling
24  room. If the polling room is located within a building that is

 

 

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1  a private business, a public or private school, or a church or
2  other organization founded for the purpose of religious
3  worship and the distance of 100 horizontal feet ends within
4  the interior of the building, then the markers shall be placed
5  outside of the building at each entrance used by voters to
6  enter that building on the grounds adjacent to the
7  thoroughfare or walkway. If the polling room is located within
8  a public or private building with 2 or more floors and the
9  polling room is located on the ground floor, then the markers
10  shall be placed 100 horizontal feet from each entrance to the
11  polling room used by voters to engage in voting. If the polling
12  room is located in a public or private building with 2 or more
13  floors and the polling room is located on a floor above or
14  below the ground floor, then the markers shall be placed a
15  distance of 100 feet from the nearest elevator or staircase
16  used by voters on the ground floor to access the floor where
17  the polling room is located. The area within where the markers
18  are placed shall be known as a campaign free zone, and
19  electioneering is prohibited pursuant to this subsection.
20  Notwithstanding any other provision of this Section, a church
21  or private school may choose to apply the campaign free zone to
22  its entire property, and, if so, the markers shall be placed
23  near the boundaries on the grounds adjacent to the
24  thoroughfares or walkways leading to the entrances used by the
25  voters. If an election authority maintains a website, no later
26  than 5 days before election day, each election authority shall

 

 

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1  post on its website the name and address of every polling place
2  designated as a campaign free zone. This information shall be
3  immediately provided to any person upon request, and a
4  requester shall not be required to submit a request under the
5  Freedom of Information Act.
6  The area on polling place property beyond the campaign
7  free zone, whether publicly or privately owned, is a public
8  forum for the time that the polls are open on an election day.
9  At the request of election officers any publicly owned
10  building must be made available for use as a polling place. A
11  person shall have the right to congregate and engage in
12  electioneering on any polling place property while the polls
13  are open beyond the campaign free zone, including but not
14  limited to, the placement of temporary signs. This subsection
15  shall be construed liberally in favor of persons engaging in
16  electioneering on all polling place property beyond the
17  campaign free zone for the time that the polls are open on an
18  election day. At or near the door of each polling place, the
19  election judges shall place signage indicating the proper
20  entrance to the polling place. In addition, the election
21  judges shall ensure that a sign identifying the location of
22  the polling place is placed on a nearby public roadway. The
23  State Board of Elections shall establish guidelines for the
24  placement of polling place signage.
25  (c) The regulation of electioneering on polling place
26  property on an election day, including but not limited to the

 

 

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1  placement of temporary signs, is an exclusive power and
2  function of the State. A home rule unit may not regulate
3  electioneering and any ordinance or local law contrary to
4  subsection (c) is declared void. This is a denial and
5  limitation of home rule powers and functions under subsection
6  (h) of Section 6 of Article VII of the Illinois Constitution.
7  (d) As used in this Section, "electioneering" includes,
8  except in the ordinary course of business, the distribution of
9  food or drinks to voters.
10  (Source: P.A. 98-1171, eff. 6-1-15.)
11  (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
12  Sec. 18-5. Any person desiring to vote and whose name is
13  found upon the register of voters by the person having charge
14  thereof shall (i) present to the judges of election for
15  verification of the person's identity a government-issued
16  photo identification card, as defined in Section 3-8, or his
17  or her Voter Identification Card, (ii) , shall then be
18  questioned by one of the judges as to his nativity, his term of
19  residence at present address, precinct, State and United
20  States, his age, whether naturalized and if so the date of
21  naturalization papers and court from which secured, and (iii)
22  he shall be asked to state his residence when last previously
23  registered and the date of the election for which he then
24  registered. The judges of elections shall check each
25  application for ballot against the list of voters registered

 

 

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1  in that precinct to whom grace period, vote by mail, and early
2  ballots have been issued for that election, which shall be
3  provided by the election authority and which list shall be
4  available for inspection by pollwatchers. A voter applying to
5  vote in the precinct on election day whose name appears on the
6  list as having been issued a grace period, vote by mail, or
7  early ballot shall not be permitted to vote in the precinct,
8  except that a voter to whom a vote by mail ballot was issued
9  may vote in the precinct if the voter submits to the election
10  judges that vote by mail ballot for cancellation. If the voter
11  is unable to submit the vote by mail ballot, it shall be
12  sufficient for the voter to submit to the election judges (i) a
13  portion of the vote by mail ballot if the vote by mail ballot
14  was torn or mutilated or (ii) an affidavit executed before the
15  election judges specifying that (A) the voter never received a
16  vote by mail ballot or (B) the voter completed and returned a
17  vote by mail ballot and was informed that the election
18  authority did not receive that vote by mail ballot. If such
19  person so registered shall be challenged as disqualified, the
20  party challenging shall assign his reasons therefor, and
21  thereupon one of the judges shall administer to him an oath to
22  answer questions, and if he shall take the oath he shall then
23  be questioned by the judge or judges touching such cause of
24  challenge, and touching any other cause of disqualification.
25  And he may also be questioned by the person challenging him in
26  regard to his qualifications and identity. But if a majority

 

 

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1  of the judges are of the opinion that he is the person so
2  registered and a qualified voter, his vote shall then be
3  received accordingly. But if his vote be rejected by such
4  judges, such person may afterward produce and deliver an
5  affidavit to such judges, subscribed and sworn to by him
6  before one of the judges, in which it shall be stated how long
7  he has resided in such precinct, and state; that he is a
8  citizen of the United States, and is a duly qualified voter in
9  such precinct, and that he is the identical person so
10  registered. In addition to such an affidavit, the person so
11  challenged shall provide to the judges of election proof of
12  residence by producing 2 forms of identification showing the
13  person's current residence address, provided that such
14  identification may include a lease or contract for a residence
15  and not more than one piece of mail addressed to the person at
16  his current residence address and postmarked not earlier than
17  30 days prior to the date of the election, or the person shall
18  procure a witness personally known to the judges of election,
19  and resident in the precinct (or district), or who shall be
20  proved by some legal voter of such precinct or district, known
21  to the judges to be such, who shall take the oath following,
22  viz:
23  I do solemnly swear (or affirm) that I am a resident of
24  this election precinct (or district), and entitled to vote at
25  this election, and that I have been a resident of this State
26  for 30 days last past, and am well acquainted with the person

 

 

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1  whose vote is now offered; that he is an actual and bona fide
2  resident of this election precinct (or district), and has
3  resided herein 30 days, and as I verily believe, in this State,
4  30 days next preceding this election.
5  The oath in each case may be administered by one of the
6  judges of election, or by any officer, resident in the
7  precinct or district, authorized by law to administer oaths.
8  Also supported by an affidavit by a registered voter residing
9  in such precinct, stating his own residence, and that he knows
10  such person; and that he does reside at the place mentioned and
11  has resided in such precinct and state for the length of time
12  as stated by such person, which shall be subscribed and sworn
13  to in the same way. For purposes of this Section, the
14  submission of a photo identification issued by a college or
15  university, accompanied by either (i) a copy of the
16  applicant's contract or lease for a residence or (ii) one
17  piece of mail addressed to the person at his or her current
18  residence address and postmarked not earlier than 30 days
19  prior to the date of the election, shall be sufficient to
20  establish proof of residence. Whereupon the vote of such
21  person shall be received, and entered as other votes. But such
22  judges, having charge of such registers, shall state in their
23  respective books the facts in such case, and the affidavits,
24  so delivered to the judges, shall be preserved and returned to
25  the office of the commissioners of election. Blank affidavits
26  of the character aforesaid shall be sent out to the judges of

 

 

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1  all the precincts, and the judges of election shall furnish
2  the same on demand and administer the oaths without criticism.
3  Such oaths, if administered by any other officer than such
4  judge of election, shall not be received. Whenever a proposal
5  for a constitutional amendment or for the calling of a
6  constitutional convention is to be voted upon at the election,
7  the separate blue ballot or ballots pertaining thereto shall
8  be placed on top of the other ballots to be voted at the
9  election in such manner that the legend appearing on the back
10  thereof, as prescribed in Section 16-6 of this Act, shall be
11  plainly visible to the voter, and in this fashion the ballots
12  shall be handed to the voter by the judge.
13  Immediately after voting, the voter shall be instructed
14  whether the voting equipment, if used, accepted or rejected
15  the ballot or identified the ballot as under-voted. A voter
16  whose ballot is identified as under-voted for a statewide
17  constitutional office may return to the voting booth and
18  complete the voting of that ballot. A voter whose ballot is not
19  accepted by the voting equipment may, upon surrendering the
20  ballot, request and vote another ballot. The voter's
21  surrendered ballot shall be initialed by the election judge
22  and handled as provided in the appropriate Article governing
23  that voting equipment.
24  The voter shall, upon quitting the voting booth, deliver
25  to one of the judges of election all of the ballots, properly
26  folded, which he received. The judge of election to whom the

 

 

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1  voter delivers his ballots shall not accept the same unless
2  all of the ballots given to the voter are returned by him. If a
3  voter delivers less than all of the ballots given to him, the
4  judge to whom the same are offered shall advise him in a voice
5  clearly audible to the other judges of election that the voter
6  must return the remainder of the ballots. The statement of the
7  judge to the voter shall clearly express the fact that the
8  voter is not required to vote such remaining ballots but that
9  whether or not he votes them he must fold and deliver them to
10  the judge. In making such statement the judge of election
11  shall not indicate by word, gesture or intonation of voice
12  that the unreturned ballots shall be voted in any particular
13  manner. No new voter shall be permitted to enter the voting
14  booth of a voter who has failed to deliver the total number of
15  ballots received by him until such voter has returned to the
16  voting booth pursuant to the judge's request and again quit
17  the booth with all of the ballots required to be returned by
18  him. Upon receipt of all such ballots the judges of election
19  shall enter the name of the voter, and his number, as above
20  provided in this Section, and the judge to whom the ballots are
21  delivered shall immediately put the ballots into the ballot
22  box. If any voter who has failed to deliver all the ballots
23  received by him refuses to return to the voting booth after
24  being advised by the judge of election as herein provided, the
25  judge shall inform the other judges of such refusal, and
26  thereupon the ballot or ballots returned to the judge shall be

 

 

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1  deposited in the ballot box, the voter shall be permitted to
2  depart from the polling place, and a new voter shall be
3  permitted to enter the voting booth.
4  The judge of election who receives the ballot or ballots
5  from the voter shall announce the residence and name of such
6  voter in a loud voice. The judge shall put the ballot or
7  ballots received from the voter into the ballot box in the
8  presence of the voter and the judges of election, and in plain
9  view of the public. The judges having charge of such registers
10  shall then, in a column prepared thereon, in the same line of,
11  the name of the voter, mark "Voted" or the letter "V".
12  No judge of election shall accept from any voter less than
13  the full number of ballots received by such voter without
14  first advising the voter in the manner above provided of the
15  necessity of returning all of the ballots, nor shall any such
16  judge advise such voter in a manner contrary to that which is
17  herein permitted, or in any other manner violate the
18  provisions of this Section; provided, that the acceptance by a
19  judge of election of less than the full number of ballots
20  delivered to a voter who refuses to return to the voting booth
21  after being properly advised by such judge shall not be a
22  violation of this Section.
23  (Source: P.A. 98-1171, eff. 6-1-15.)
24  (10 ILCS 5/18A-5)
25  Sec. 18A-5. Provisional voting; general provisions.

 

 

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1  (a) A person who claims to be a registered voter is
2  entitled to cast a provisional ballot under the following
3  circumstances:
4  (1) The person's name does not appear on the official
5  list of eligible voters for the precinct in which the
6  person seeks to vote and the person has refused an
7  opportunity to register at the polling location or another
8  grace period registration site. The official list is the
9  centralized statewide voter registration list established
10  and maintained in accordance with Section 1A-25;
11  (2) The person's voting status has been challenged by
12  an election judge, a pollwatcher, or any legal voter and
13  that challenge has been sustained by a majority of the
14  election judges;
15  (3) A federal or State court order extends the time
16  for closing the polls beyond the time period established
17  by State law and the person votes during the extended time
18  period;
19  (4) The voter registered to vote by mail and is
20  required by law to present identification when voting
21  either in person, in the case of a voter who registered by
22  mail, when voting or by early voting ballot, but fails to
23  provide an acceptable form of photo identification, as
24  described in Section 3-8, or a Voter Identification Card
25  issued under Section 1-14 do so;
26  (5) The voter's name appears on the list of voters who

 

 

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1  voted during the early voting period, but the voter claims
2  not to have voted during the early voting period;
3  (6) The voter received a vote by mail ballot but did
4  not return the vote by mail ballot to the election
5  authority; or
6  (7) The voter attempted to register to vote on
7  election day, but failed to provide the necessary
8  documentation.
9  (b) The procedure for obtaining and casting a provisional
10  ballot at the polling place shall be as follows:
11  (1) After first verifying through an examination of
12  the precinct register that the person's address is within
13  the precinct boundaries, an election judge at the polling
14  place shall notify a person who is entitled to cast a
15  provisional ballot pursuant to subsection (a) that he or
16  she may cast a provisional ballot in that election. An
17  election judge must accept any information provided by a
18  person who casts a provisional ballot that the person
19  believes supports his or her claim that he or she is a duly
20  registered voter and qualified to vote in the election.
21  However, if the person's residence address is outside the
22  precinct boundaries, the election judge shall inform the
23  person of that fact, give the person the appropriate
24  telephone number of the election authority in order to
25  locate the polling place assigned to serve that address,
26  and instruct the person to go to the proper polling place

 

 

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1  to vote.
2  (2) The person shall execute a written form provided
3  by the election judge that shall state or contain all of
4  the following that is available:
5  (i) an affidavit stating the following:
6  State of Illinois, County of ................,
7  Township ............., Precinct ........, Ward
8  ........, I, ......................., do solemnly
9  swear (or affirm) that: I am a citizen of the
10  United States; I am 18 years of age or older; I
11  have resided in this State and in this precinct
12  for 30 days preceding this election; I have not
13  voted in this election; I am a duly registered
14  voter in every respect; and I am eligible to vote
15  in this election. Signature ...... Printed Name of
16  Voter ....... Printed Residence Address of Voter
17  ...... City ...... State .... Zip Code .....
18  Telephone Number ...... Date of Birth ....... and
19  Illinois Driver's License Number ....... or Last 4
20  digits of Social Security Number ...... or State
21  Identification Card Number issued to you by the
22  Illinois Secretary of State ........
23  (ii) A box for the election judge to check one of
24  the reasons why the person was given a provisional
25  ballot under subsection (a) of this Section.
26  (iii) An area for the election judge to affix his

 

 

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1  or her signature and to set forth any facts that
2  support or oppose the allegation that the person is
3  not qualified to vote in the precinct in which the
4  person is seeking to vote.
5  The written affidavit form described in this
6  subsection (b)(2) must be printed on a multi-part form
7  prescribed by the county clerk or board of election
8  commissioners, as the case may be.
9  (3) After the person executes the portion of the
10  written affidavit described in subsection (b)(2)(i) of
11  this Section, the election judge shall complete the
12  portion of the written affidavit described in subsection
13  (b)(2)(iii) and (b)(2)(iv).
14  (4) The election judge shall give a copy of the
15  completed written affidavit to the person. The election
16  judge shall place the original written affidavit in a
17  self-adhesive clear plastic packing list envelope that
18  must be attached to a separate envelope marked as a
19  "provisional ballot envelope". The election judge shall
20  also place any information provided by the person who
21  casts a provisional ballot in the clear plastic packing
22  list envelope. Each county clerk or board of election
23  commissioners, as the case may be, must design, obtain or
24  procure self-adhesive clear plastic packing list envelopes
25  and provisional ballot envelopes that are suitable for
26  implementing this subsection (b)(4) of this Section.

 

 

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1  (5) The election judge shall provide the person with a
2  provisional ballot, written instructions for casting a
3  provisional ballot, and the provisional ballot envelope
4  with the clear plastic packing list envelope affixed to
5  it, which contains the person's original written affidavit
6  and, if any, information provided by the provisional voter
7  to support his or her claim that he or she is a duly
8  registered voter. An election judge must also give the
9  person written information that states that any person who
10  casts a provisional ballot shall be able to ascertain,
11  pursuant to guidelines established by the State Board of
12  Elections, whether the provisional vote was counted in the
13  official canvass of votes for that election and, if the
14  provisional vote was not counted, the reason that the vote
15  was not counted.
16  (6) After the person has completed marking his or her
17  provisional ballot, he or she shall place the marked
18  ballot inside of the provisional ballot envelope, close
19  and seal the envelope, and return the envelope to an
20  election judge, who shall then deposit the sealed
21  provisional ballot envelope into a securable container
22  separately identified and utilized for containing sealed
23  provisional ballot envelopes. Ballots that are provisional
24  because they are cast after 7:00 p.m. by court order shall
25  be kept separate from other provisional ballots. Upon the
26  closing of the polls, the securable container shall be

 

 

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1  sealed with filament tape provided for that purpose, which
2  shall be wrapped around the box lengthwise and crosswise,
3  at least twice each way, and each of the election judges
4  shall sign the seal.
5  (c) Instead of the affidavit form described in subsection
6  (b), the county clerk or board of election commissioners, as
7  the case may be, may design and use a multi-part affidavit form
8  that is imprinted upon or attached to the provisional ballot
9  envelope described in subsection (b). If a county clerk or
10  board of election commissioners elects to design and use its
11  own multi-part affidavit form, then the county clerk or board
12  of election commissioners shall establish a mechanism for
13  accepting any information the provisional voter has supplied
14  to the election judge to support his or her claim that he or
15  she is a duly registered voter. In all other respects, a county
16  clerk or board of election commissioners shall establish
17  procedures consistent with subsection (b).
18  (d) The county clerk or board of election commissioners,
19  as the case may be, shall use the completed affidavit form
20  described in subsection (b) to update the person's voter
21  registration information in the State voter registration
22  database and voter registration database of the county clerk
23  or board of election commissioners, as the case may be. If a
24  person is later determined not to be a registered voter based
25  on Section 18A-15 of this Code, then the affidavit shall be
26  processed by the county clerk or board of election

 

 

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1  commissioners, as the case may be, as a voter registration
2  application.
3  (Source: P.A. 100-201, eff. 8-18-17.)
4  (10 ILCS 5/18A-15)
5  Sec. 18A-15. Validating and counting provisional ballots.
6  (a) The county clerk or board of election commissioners
7  shall complete the validation and counting of provisional
8  ballots within 7 14 calendar days after of the day of the
9  election. The county clerk or board of election commissioners
10  shall have 7 calendar days from the completion of the
11  validation and counting of provisional ballots to conduct its
12  final canvass. The State Board of Elections shall complete
13  within 31 calendar days of the election or sooner if all the
14  returns are received, its final canvass of the vote for all
15  public offices.
16  (b) If a county clerk or board of election commissioners
17  determines that all of the following apply, then a provisional
18  ballot is valid and shall be counted as a vote:
19  (1) the provisional voter cast the provisional ballot
20  in the correct precinct based on the address provided by
21  the provisional voter. The provisional voter's affidavit
22  shall serve as a change of address request by that voter
23  for registration purposes for the next ensuing election if
24  it bears an address different from that in the records of
25  the election authority. Votes for federal and statewide

 

 

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1  offices on a provisional ballot cast in the incorrect
2  precinct that meet the other requirements of this
3  subsection shall be valid and counted in accordance with
4  this Article. As used in this item, "federal office" is
5  defined as provided in Section 20-1 and "statewide office"
6  means the Governor, Attorney General, Secretary of State,
7  Comptroller, and Treasurer. Votes for General Assembly,
8  countywide, citywide, or township office on a provisional
9  ballot cast in the incorrect precinct but in the correct
10  legislative district, representative district, county,
11  municipality, or township, as the case may be, shall be
12  valid and counted in accordance with this Article. As used
13  in this item, "citywide office" means an office elected by
14  the electors of an entire municipality. As used in this
15  item, "township office" means an office elected by the
16  electors of an entire township;
17  (2) the affidavit executed by the provisional voter
18  pursuant to subsection (b)(2) of Section 18A-5 contains,
19  at a minimum, the provisional voter's first and last name,
20  house number and street name, and signature or mark;
21  (3) except as permitted by item (5) of subsection (b)
22  of this Section, the provisional voter is a registered
23  voter based on information available to the county clerk
24  or board of election commissioners provided by or obtained
25  from any of the following:
26  i. the provisional voter;

 

 

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1  ii. an election judge;
2  iii. the statewide voter registration database
3  maintained by the State Board of Elections;
4  iv. the records of the county clerk or board of
5  election commissioners' database; or
6  v. the records of the Secretary of State; and
7  (4) for a provisional ballot cast under item (6) of
8  subsection (a) of Section 18A-5, the voter did not vote by
9  mail ballot in the election at which the provisional
10  ballot was cast; or
11  (5) for a provisional ballot cast under item (7) of
12  subsection (a) of Section 18A-5, the voter provides the
13  election authority with the necessary documentation within
14  7 days of election day.
15  (c) With respect to subsection (b)(3) of this Section, the
16  county clerk or board of election commissioners shall
17  investigate and record whether or not the specified
18  information is available from each of the 5 identified
19  sources. If the information is available from one or more of
20  the identified sources, then the county clerk or board of
21  election commissioners shall seek to obtain the information
22  from each of those sources until satisfied, with information
23  from at least one of those sources, that the provisional voter
24  is registered and entitled to vote. The county clerk or board
25  of election commissioners shall use any information it obtains
26  as the basis for determining the voter registration status of

 

 

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1  the provisional voter. If a conflict exists among the
2  information available to the county clerk or board of election
3  commissioners as to the registration status of the provisional
4  voter, then the county clerk or board of election
5  commissioners shall make a determination based on the totality
6  of the circumstances. In a case where the above information
7  equally supports or opposes the registration status of the
8  voter, the county clerk or board of election commissioners
9  shall decide in favor of the provisional voter as being duly
10  registered to vote. If the statewide voter registration
11  database maintained by the State Board of Elections indicates
12  that the provisional voter is registered to vote, but the
13  county clerk's or board of election commissioners' voter
14  registration database indicates that the provisional voter is
15  not registered to vote, then the information found in the
16  statewide voter registration database shall control the matter
17  and the provisional voter shall be deemed to be registered to
18  vote. If the records of the county clerk or board of election
19  commissioners indicates that the provisional voter is
20  registered to vote, but the statewide voter registration
21  database maintained by the State Board of Elections indicates
22  that the provisional voter is not registered to vote, then the
23  information found in the records of the county clerk or board
24  of election commissioners shall control the matter and the
25  provisional voter shall be deemed to be registered to vote. If
26  the provisional voter's signature on his or her provisional

 

 

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1  ballot request varies from the signature on an otherwise valid
2  registration application solely because of the substitution of
3  initials for the first or middle name, the election authority
4  may not reject the provisional ballot.
5  (d) In validating the registration status of a person
6  casting a provisional ballot, the county clerk or board of
7  election commissioners shall not require a provisional voter
8  to complete any form other than the affidavit executed by the
9  provisional voter under subsection (b)(2) of Section 18A-5. In
10  addition, the county clerk or board of election commissioners
11  shall not require all provisional voters or any particular
12  class or group of provisional voters to appear personally
13  before the county clerk or board of election commissioners or
14  as a matter of policy require provisional voters to submit
15  additional information to verify or otherwise support the
16  information already submitted by the provisional voter. Within
17  2 calendar days after the election, the election authority
18  shall transmit by electronic means pursuant to a process
19  established by the State Board of Elections the name, street
20  address, e-mail address, and precinct, ward, township, and
21  district numbers, as the case may be, of each person casting a
22  provisional ballot to the State Board of Elections, which
23  shall maintain those names and that information in an
24  electronic format on its website, arranged by county and
25  accessible to State and local political committees. The
26  provisional voter may, within 7 calendar days after the

 

 

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1  election, submit additional information to the county clerk or
2  board of election commissioners, except that in the case of
3  provisional voting under paragraph (4) of subsection (a) of
4  Section 18A-5, the provisional voter has 7 days to provide the
5  county clerk or board of election commissioners with the
6  required photo identification card. This information must be
7  received by the county clerk or board of election
8  commissioners within the applicable 7-calendar-day or
9  10-calendar-day period.
10  (e) If the county clerk or board of election commissioners
11  determines that subsection (b)(1), (b)(2), or (b)(3) does not
12  apply, then the provisional ballot is not valid and may not be
13  counted. The provisional ballot envelope containing the ballot
14  cast by the provisional voter may not be opened. The county
15  clerk or board of election commissioners shall write on the
16  provisional ballot envelope the following: "Provisional ballot
17  determined invalid.".
18  (f) If the county clerk or board of election commissioners
19  determines that a provisional ballot is valid under this
20  Section, then the provisional ballot envelope shall be opened.
21  The outside of each provisional ballot envelope shall also be
22  marked to identify the precinct and the date of the election.
23  (g) Provisional ballots determined to be valid shall be
24  counted at the election authority's central ballot counting
25  location and shall not be counted in precincts. The
26  provisional ballots determined to be valid shall be added to

 

 

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1  the vote totals for the precincts from which they were cast in
2  the order in which the ballots were opened. The validation and
3  counting of provisional ballots shall be subject to the
4  provisions of this Code that apply to pollwatchers. If the
5  provisional ballots are a ballot of a punch card voting
6  system, then the provisional ballot shall be counted in a
7  manner consistent with Article 24A. If the provisional ballots
8  are a ballot of optical scan or other type of approved
9  electronic voting system, then the provisional ballots shall
10  be counted in a manner consistent with Article 24B.
11  (h) As soon as the ballots have been counted, the election
12  judges or election officials shall, in the presence of the
13  county clerk or board of election commissioners, place each of
14  the following items in a separate envelope or bag: (1) all
15  provisional ballots, voted or spoiled; (2) all provisional
16  ballot envelopes of provisional ballots voted or spoiled; and
17  (3) all executed affidavits of the provisional ballots voted
18  or spoiled. All provisional ballot envelopes for provisional
19  voters who have been determined not to be registered to vote
20  shall remain sealed. The county clerk or board of election
21  commissioners shall treat the provisional ballot envelope
22  containing the written affidavit as a voter registration
23  application for that person for the next election and process
24  that application. The election judges or election officials
25  shall then securely seal each envelope or bag, initial the
26  envelope or bag, and plainly mark on the outside of the

 

 

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1  envelope or bag in ink the precinct in which the provisional
2  ballots were cast. The election judges or election officials
3  shall then place each sealed envelope or bag into a box, secure
4  and seal it in the same manner as described in item (6) of
5  subsection (b) of Section 18A-5. Each election judge or
6  election official shall take and subscribe an oath before the
7  county clerk or board of election commissioners that the
8  election judge or election official securely kept the ballots
9  and papers in the box, did not permit any person to open the
10  box or otherwise touch or tamper with the ballots and papers in
11  the box, and has no knowledge of any other person opening the
12  box. For purposes of this Section, the term "election
13  official" means the county clerk, a member of the board of
14  election commissioners, as the case may be, and their
15  respective employees.
16  (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
17  98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
18  (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
19  Sec. 19-2. Except as otherwise provided in this Code, any
20  elector as defined in Section 19-1 may by mail or
21  electronically on the website of the appropriate election
22  authority, not more than 90 nor less than 30 5 days prior to
23  the date of such election, or by personal delivery not more
24  than 90 nor less than one day prior to the date of such
25  election, make application to the county clerk or to the Board

 

 

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1  of Election Commissioners for an official ballot for the
2  voter's precinct to be voted at such election. Such a ballot
3  shall be delivered to the elector only upon separate
4  application by the elector for each election. Voters who make
5  an application for permanent vote by mail ballot status shall
6  follow the procedures specified in Section 19-3 and may apply
7  year round. Voters whose application for permanent vote by
8  mail status is accepted by the election authority shall remain
9  on the permanent vote by mail list until the voter requests to
10  be removed from permanent vote by mail status, the voter
11  provides notice to the election authority of a change in
12  registration that affects their registration status, or the
13  election authority receives confirmation that the voter has
14  subsequently registered to vote in another election authority
15  jurisdiction. The URL address at which voters may
16  electronically request a vote by mail ballot shall be fixed no
17  later than 90 calendar days before an election and shall not be
18  changed until after the election.
19  (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
20  102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)
21  (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
22  Sec. 19-3. Application for a vote by mail ballot.
23  (a) The application for a vote by mail ballot for a single
24  election shall be substantially in the following form:
25  APPLICATION FOR VOTE BY MAIL BALLOT

 

 

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1  To be voted at the .... election in the County of .... and
2  State of Illinois.
3  I state that I am a resident of .... in the municipality of
4  .... in the county of ....; that I have resided at such address
5  for at least 30 days; that I am lawfully entitled to vote at
6  the .... election to be held on ....; that I will not be
7  physically present in that county on the date of that
8  election; and that I wish to vote by mail.
9  I hereby make application for an official ballot or
10  ballots to be voted by me at such election, and I agree that I
11  shall return such ballot or ballots to the official issuing
12  the same prior to the closing of the polls on the date of the
13  election or, if returned by mail, postmarked no later than
14  election day, for counting no later than during the period for
15  counting provisional ballots, the last day of which is the 7th
16  14th day following election day.
17  I understand that this application is made for an official
18  vote by mail ballot or ballots to be voted by me at the
19  election specified in this application and that I must submit
20  a separate application for an official vote by mail ballot or
21  ballots to be voted by me at any subsequent election.
22  Under penalties as provided by law pursuant to Section
23  29-10 of the Election Code, the undersigned certifies that the
24  statements set forth in this application are true and correct.
25  ....
26  *fill in either (1), (2) or (3).

 

 

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1  Post office address to which ballot is mailed:
2  ...............
3  (a-5) The application for a single vote by mail ballot
4  transmitted electronically pursuant to Section 19-2.6 shall be
5  substantively similar to the application for a vote by mail
6  ballot for a single election and shall include:
7  I swear or affirm that I am a voter with a print
8  disability, and, as a result of this disability, I am
9  making a request to receive a vote by mail ballot
10  electronically so that I may privately and independently
11  mark, verify, and print my vote by mail ballot.
12  (b) (Blank). The application for permanent vote by mail
13  status shall be substantially in the following form:
14  APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
15  I am currently a registered voter and wish to apply for
16  permanent vote by mail status.
17  I state that I am a resident of .... in the municipality of
18  .... in the county of ....; that I have resided at such address
19  for at least 30 days; that I am lawfully entitled to vote at
20  the .... election to be held on ....; and that I wish to vote
21  by mail in:
22  ..... all subsequent elections that do not require a party
23  designation.
24  ..... all subsequent elections, and I wish to receive a
25  ................... Party vote by mail ballot in
26  elections that require a party designation.

 

 

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1  I hereby make application for an official ballot or
2  ballots to be voted by me at such election, and I agree that I
3  shall return such ballot or ballots to the official issuing
4  the same prior to the closing of the polls on the date of the
5  election or, if returned by mail, postmarked no later than
6  election day, for counting no later than during the period for
7  counting provisional ballots, the last day of which is the
8  14th day following election day.
9  Under penalties as provided by law under Section 29-10 of
10  the Election Code, the undersigned certifies that the
11  statements set forth in this application are true and correct.
12  ....
13  Post office address to which ballot is mailed:
14  .............................................................
15  (b-5) (Blank). The application for permanent vote by mail
16  ballots transmitted electronically pursuant to Section 19-2.6
17  shall be substantively similar to the application for
18  permanent vote by mail status and shall include:
19  I swear or affirm that I am a voter with a
20  non-temporary print disability, and as a result of this
21  disability, I am making a request to receive vote by mail
22  ballots electronically so that I may privately and
23  independently mark, verify, and print my vote by mail
24  ballots.
25  (c) However, if application is made for a primary election
26  ballot, such application shall require the applicant to

 

 

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1  designate the name of the political party with which the
2  applicant is affiliated. The election authority shall allow
3  any voter on permanent vote by mail status to change his or her
4  party affiliation for a primary election ballot by a method
5  and deadline published and selected by the election authority.
6  (d) If application is made electronically, the applicant
7  shall mark the box associated with the above described
8  statement included as part of the online application
9  certifying that the statements set forth in the application
10  under subsection (a) or (b) are true and correct, and a
11  signature is not required.
12  (e) Any person may produce, reproduce, distribute, or
13  return to an election authority an application under this
14  Section. If applications are sent to a post office box
15  controlled by any individual or organization that is not an
16  election authority, those applications shall (i) include a
17  valid and current phone number for the individual or
18  organization controlling the post office box and (ii) be
19  turned over to the appropriate election authority within 7
20  days of receipt or, if received within 2 weeks of the election
21  in which an applicant intends to vote, within 2 days of
22  receipt. Failure to turn over the applications in compliance
23  with this paragraph shall constitute a violation of this Code
24  and shall be punishable as a petty offense with a fine of $100
25  per application. Removing, tampering with, or otherwise
26  knowingly making the postmark on the application unreadable by

 

 

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1  the election authority shall establish a rebuttable
2  presumption of a violation of this paragraph. Upon receipt,
3  the appropriate election authority shall accept and promptly
4  process any application under this Section submitted in a form
5  substantially similar to that required by this Section,
6  including any substantially similar production or reproduction
7  generated by the applicant.
8  (f) (Blank). An election authority may combine the
9  applications in subsections (a) and (b) onto one form, but the
10  distinction between the applications must be clear and the
11  form must provide check boxes for an applicant to indicate
12  whether he or she is applying for a single election vote by
13  mail ballot or for permanent vote by mail status.
14  (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22;
15  103-467, eff. 8-4-23.)
16  (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
17  Sec. 19-4. Mailing or delivery of ballots; time.
18  Immediately upon the receipt of such application either by
19  mail or electronic means, not more than 90 days nor less than
20  30 5 days prior to such election, or by personal delivery not
21  more than 90 days nor less than one day prior to such election,
22  at the office of such election authority, it shall be the duty
23  of such election authority to examine the records to ascertain
24  whether or not such applicant is lawfully entitled to vote as
25  requested, including a verification of the applicant's

 

 

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1  signature on file with the office of the election authority,
2  and if found so to be entitled to vote, to post within one
3  business day thereafter the name, street address, ward and
4  precinct number or township and district number, as the case
5  may be, of such applicant given on a list, the pages of which
6  are to be numbered consecutively to be kept by such election
7  authority for such purpose in a conspicuous, open and public
8  place accessible to the public at the entrance of the office of
9  such election authority, and in such a manner that such list
10  may be viewed without necessity of requesting permission
11  therefor. Within one day after posting the name and other
12  information of an applicant for a vote by mail ballot, the
13  election authority shall transmit by electronic means pursuant
14  to a process established by the State Board of Elections that
15  name and other posted information to the State Board of
16  Elections, which shall maintain those names and other
17  information in an electronic format on its website, arranged
18  by county and accessible to State and local political
19  committees. Within 2 business days after posting a name and
20  other information on the list within its office, but no sooner
21  than 40 days before an election, the election authority shall
22  mail, postage prepaid, or deliver in person in such office, or
23  deliver via electronic transmission pursuant to Section
24  19-2.6, an official ballot or ballots if more than one are to
25  be voted at said election. Mail delivery of Temporarily Absent
26  Student ballot applications pursuant to Section 19-12.3 shall

 

 

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1  be by nonforwardable mail. However, for the consolidated
2  election, vote by mail ballots for certain precincts may be
3  delivered to applicants not less than 25 days before the
4  election if so much time is required to have prepared and
5  printed the ballots containing the names of persons nominated
6  for offices at the consolidated primary. The election
7  authority shall enclose with each vote by mail ballot or
8  application written instructions on how voting assistance
9  shall be provided pursuant to Section 17-14 and a document,
10  written and approved by the State Board of Elections,
11  informing the vote by mail voter of the required postage for
12  returning the application and ballot, and enumerating the
13  circumstances under which a person is authorized to vote by
14  vote by mail ballot pursuant to this Article; such document
15  shall also include a statement informing the applicant that if
16  he or she falsifies or is solicited by another to falsify his
17  or her eligibility to cast a vote by mail ballot, such
18  applicant or other is subject to penalties pursuant to Section
19  29-10 and Section 29-20 of the Election Code. Each election
20  authority shall maintain a list of the name, street address,
21  ward and precinct, or township and district number, as the
22  case may be, of all applicants who have returned vote by mail
23  ballots to such authority, and the name of such vote by mail
24  voter shall be added to such list within one business day from
25  receipt of such ballot. If the vote by mail ballot envelope
26  indicates that the voter was assisted in casting the ballot,

 

 

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1  the name of the person so assisting shall be included on the
2  list. The list, the pages of which are to be numbered
3  consecutively, shall be kept by each election authority in a
4  conspicuous, open, and public place accessible to the public
5  at the entrance of the office of the election authority and in
6  a manner that the list may be viewed without necessity of
7  requesting permission for viewing.
8  Each election authority shall maintain a list for each
9  election of the voters to whom it has issued vote by mail
10  ballots. The list shall be maintained for each precinct within
11  the jurisdiction of the election authority. Prior to the
12  opening of the polls on election day, the election authority
13  shall deliver to the judges of election in each precinct the
14  list of registered voters in that precinct to whom vote by mail
15  ballots have been issued by mail.
16  Each election authority shall maintain a list for each
17  election of voters to whom it has issued temporarily absent
18  student ballots. The list shall be maintained for each
19  election jurisdiction within which such voters temporarily
20  abide. Immediately after the close of the period during which
21  application may be made by mail or electronic means for vote by
22  mail ballots, each election authority shall mail to each other
23  election authority within the State a certified list of all
24  such voters temporarily abiding within the jurisdiction of the
25  other election authority.
26  In the event that the return address of an application for

 

 

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1  ballot by a physically incapacitated elector is that of a
2  facility licensed or certified under the Nursing Home Care
3  Act, the Specialized Mental Health Rehabilitation Act of 2013,
4  the ID/DD Community Care Act, or the MC/DD Act, within the
5  jurisdiction of the election authority, and the applicant is a
6  registered voter in the precinct in which such facility is
7  located, the ballots shall be prepared and transmitted to a
8  responsible judge of election no later than 9 a.m. on the
9  Friday, Saturday, Sunday, or Monday immediately preceding the
10  election as designated by the election authority under Section
11  19-12.2. Such judge shall deliver in person on the designated
12  day the ballot to the applicant on the premises of the facility
13  from which application was made. The election authority shall
14  by mail notify the applicant in such facility that the ballot
15  will be delivered by a judge of election on the designated day.
16  All applications for vote by mail ballots shall be
17  available at the office of the election authority for public
18  inspection upon request from the time of receipt thereof by
19  the election authority until 30 days after the election,
20  except during the time such applications are kept in the
21  office of the election authority pursuant to Section 19-7, and
22  except during the time such applications are in the possession
23  of the judges of election.
24  Notwithstanding any provision of this Section to the
25  contrary, pursuant to subsection (a) of Section 30 of the
26  Address Confidentiality for Victims of Domestic Violence,

 

 

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1  Sexual Assault, Human Trafficking, or Stalking Act, neither
2  the name nor the address of a program participant under that
3  Act shall be included in any list of registered voters
4  available to the public, including the lists referenced in
5  this Section.
6  (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22;
7  102-1126, eff. 2-10-23.)
8  (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
9  Sec. 19-6. Such vote by mail voter shall make and
10  subscribe to the certifications provided for in the
11  application and on the return envelope for the ballot, and
12  such ballot or ballots shall be folded by such voter in the
13  manner required to be folded before depositing the same in the
14  ballot box, and be deposited in such envelope and the envelope
15  securely sealed. The voter shall then endorse his certificate
16  upon the back of the envelope and the envelope shall be mailed
17  in person by such voter, postage prepaid, to the election
18  authority issuing the ballot or, if more convenient, it may be
19  delivered in person, by either the voter or by any person
20  authorized by the voter, except as prohibited in Section
21  29-21, or by a company licensed as a motor carrier of property
22  by the Illinois Commerce Commission under the Illinois
23  Commercial Transportation Law, which is engaged in the
24  business of making deliveries.
25  Election authorities shall accept any vote by mail ballot

 

 

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1  returned, including ballots returned with insufficient or no
2  postage. Election authorities may maintain one or more secure
3  collection sites for the postage-free return of vote by mail
4  ballots. Any election authority with collection sites shall
5  collect all ballots returned each day and process them as
6  required by this Code, including noting the day on which the
7  ballot was collected. Ballots returned to such collection
8  sites after close of business shall be dated as delivered the
9  next day, with the exception of ballots delivered on election
10  day, which shall be dated as received on election day.
11  Election authorities shall permit electors to return vote by
12  mail ballots at any collection site it has established through
13  the close of polls on election day. All collection sites shall
14  be secured by locks that may be opened only by election
15  authority personnel. The State Board of Elections shall
16  establish additional guidelines for the security of collection
17  sites.
18  It shall be unlawful for any person not the voter or a
19  person authorized by the voter to take the ballot and ballot
20  envelope of a voter for deposit into the mail unless the ballot
21  has been issued pursuant to application by a physically
22  incapacitated elector under Section 3-3 or a hospitalized
23  voter under Section 19-13, in which case any employee or
24  person under the direction of the facility in which the
25  elector or voter is located may deposit the ballot and ballot
26  envelope into the mail. If the voter authorized a person to

 

 

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1  deliver the ballot to the election authority, the voter and
2  the person authorized to deliver the ballot shall complete the
3  authorization printed on the exterior envelope supplied by an
4  election authority for the return of the vote by mail ballot.
5  The exterior of the envelope supplied by an election authority
6  for the return of the vote by mail ballot shall include an
7  authorization in substantially the following form:
8  I ............ (voter) authorize ............... to take
9  the necessary steps to have this ballot delivered promptly to
10  the office of the election authority.
11  ....................... ........................
12  Date Signature of voter
13  ...............................................
14  Printed Name of Authorized Delivery Agent
15  ...............................................
16  Signature of Authorized Delivery Agency
17  ...............................................
18  Date Delivered to the Election Authority
19  (Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.)
20  (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)

 

 

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1  Sec. 19-8. Time and place of counting ballots.
2  (a) (Blank.)
3  (b) Each vote by mail voter's ballot returned to an
4  election authority, by any means authorized by this Article,
5  and received by that election authority before the closing of
6  the polls on election day shall be endorsed by the receiving
7  election authority with the day and hour of receipt and may be
8  processed by the election authority beginning on the day it is
9  received by the election authority in the central ballot
10  counting location of the election authority, but the results
11  of the processing may not be counted until the day of the
12  election after 7:00 p.m., except as provided in subsections
13  (g) and (g-5).
14  (c) Each vote by mail voter's ballot that is mailed to an
15  election authority and postmarked no later than election day,
16  but that is received by the election authority after the polls
17  close on election day and before the close of the period for
18  counting provisional ballots cast at that election, shall be
19  endorsed by the receiving authority with the day and hour of
20  receipt and shall be counted at the central ballot counting
21  location of the election authority during the period for
22  counting provisional ballots.
23  Each vote by mail voter's ballot that is mailed to an
24  election authority absent a postmark or a barcode usable with
25  an intelligent mail barcode tracking system, but that is
26  received by the election authority after the polls close on

 

 

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1  election day and before the close of the period for counting
2  provisional ballots cast at that election, shall be endorsed
3  by the receiving authority with the day and hour of receipt,
4  opened to inspect the date inserted on the certification, and,
5  if the certification date is election day or earlier and the
6  ballot is otherwise found to be valid under the requirements
7  of this Section, counted at the central ballot counting
8  location of the election authority during the period for
9  counting provisional ballots. Absent a date on the
10  certification, the ballot shall not be counted.
11  If an election authority is using an intelligent mail
12  barcode tracking system, a ballot that is mailed to an
13  election authority absent a postmark may be counted if the
14  intelligent mail barcode tracking system verifies the envelope
15  was mailed no later than election day.
16  (d) Special write-in vote by mail voter's blank ballots
17  returned to an election authority, by any means authorized by
18  this Article, and received by the election authority at any
19  time before the closing of the polls on election day shall be
20  endorsed by the receiving election authority with the day and
21  hour of receipt and shall be counted at the central ballot
22  counting location of the election authority during the same
23  period provided for counting vote by mail voters' ballots
24  under subsections (b), (g), and (g-5). Special write-in vote
25  by mail voter's blank ballots that are mailed to an election
26  authority and postmarked no later than election day, but that

 

 

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1  are received by the election authority after the polls close
2  on election day and before the closing of the period for
3  counting provisional ballots cast at that election, shall be
4  endorsed by the receiving authority with the day and hour of
5  receipt and shall be counted at the central ballot counting
6  location of the election authority during the same periods
7  provided for counting vote by mail voters' ballots under
8  subsection (c).
9  (e) Except as otherwise provided in this Section, vote by
10  mail voters' ballots and special write-in vote by mail voter's
11  blank ballots received by the election authority after the
12  closing of the polls on an election day shall be endorsed by
13  the election authority receiving them with the day and hour of
14  receipt and shall be safely kept unopened by the election
15  authority for the period of time required for the preservation
16  of ballots used at the election, and shall then, without being
17  opened, be destroyed in like manner as the used ballots of that
18  election.
19  (f) Counting required under this Section to begin on
20  election day after the closing of the polls shall commence no
21  later than 8:00 p.m. and shall be conducted by a panel or
22  panels of election judges appointed in the manner provided by
23  law. The counting shall continue until all vote by mail
24  voters' ballots and special write-in vote by mail voter's
25  blank ballots required to be counted on election day have been
26  counted. Each vote by mail ballot returned to an election

 

 

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1  authority, except those returned in accordance with the
2  procedures described in Sections 20-2, 20-2.1, 20-2.2, and
3  20-2.3, shall be counted on or before the 7th day after the
4  election.
5  (g) The procedures set forth in Articles 17 and 18 of this
6  Code shall apply to all ballots counted under this Section. In
7  addition, within 2 days after a vote by mail ballot is
8  received, but in all cases before the close of the period for
9  counting provisional ballots, the election judge or official
10  shall compare the voter's signature on the certification
11  envelope of that vote by mail ballot with the voter's
12  signature on the application verified in accordance with
13  Section 19-4 or the signature of the voter on file in the
14  office of the election authority. If the election judge or
15  official determines that the 2 signatures match, and that the
16  vote by mail voter is otherwise qualified to cast a vote by
17  mail ballot, the election authority shall cast and count the
18  ballot on election day or the day the ballot is determined to
19  be valid, whichever is later, adding the results to the
20  precinct in which the voter is registered. If the election
21  judge or official determines that the signatures do not match,
22  or that the vote by mail voter is not qualified to cast a vote
23  by mail ballot, then without opening the certification
24  envelope, the judge or official shall mark across the face of
25  the certification envelope the word "Rejected" and shall not
26  cast or count the ballot.

 

 

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1  In addition to the voter's signatures not matching, a vote
2  by mail ballot may be rejected by the election judge or
3  official:
4  (1) if the ballot envelope is open or has been opened
5  and resealed;
6  (2) if the voter has already cast an early or grace
7  period ballot;
8  (3) if the voter voted in person on election day or the
9  voter is not a duly registered voter in the precinct; or
10  (4) on any other basis set forth in this Code.
11  If the election judge or official determines that any of
12  these reasons apply, the judge or official shall mark across
13  the face of the certification envelope the word "Rejected" and
14  shall not cast or count the ballot.
15  (g-5) If a vote by mail ballot is rejected by the election
16  judge or official for any reason, the election authority
17  shall, within 2 days after the rejection but in all cases
18  before the close of the period for counting provisional
19  ballots, notify the vote by mail voter that his or her ballot
20  was rejected. The notice shall inform the voter of the reason
21  or reasons the ballot was rejected and shall state that the
22  voter may appear before the election authority, on or before
23  the 7th 14th day after the election, to show cause as to why
24  the ballot should not be rejected. The voter may present
25  evidence to the election authority supporting his or her
26  contention that the ballot should be counted. The election

 

 

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1  authority shall appoint a panel of 3 election judges to review
2  the contested ballot, application, and certification envelope,
3  as well as any evidence submitted by the vote by mail voter. No
4  more than 2 election judges on the reviewing panel shall be of
5  the same political party. The reviewing panel of election
6  judges shall make a final determination as to the validity of
7  the contested vote by mail ballot. The judges' determination
8  shall not be reviewable either administratively or judicially.
9  A vote by mail ballot subject to this subsection that is
10  determined to be valid shall be counted before the close of the
11  period for counting provisional ballots.
12  If a vote by mail ballot is rejected for any reason, the
13  election authority shall, within one day after the rejection,
14  transmit to the State Board of Elections by electronic means
15  the voter's name, street address, email address and precinct,
16  ward, township, and district numbers, as the case may be. If a
17  rejected vote by mail ballot is determined to be valid, the
18  election authority shall, within one day after the
19  determination, remove the name of the voter from the list
20  transmitted to the State Board of Elections. The State Board
21  of Elections shall maintain the names and information in an
22  electronic format on its website accessible to State and local
23  political committees.
24  Upon request by the State or local political committee,
25  each election authority shall, within one day after the
26  request, provide the following information about all rejected

 

 

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1  vote by mail ballots: voter's name, street address, email
2  address and precinct, ward, township, and district numbers, as
3  the case may be.
4  (g-10) All vote by mail ballots determined to be valid
5  shall be added to the vote totals for the precincts for which
6  they were cast in the order in which the ballots were opened.
7  (h) Each political party, candidate, and qualified civic
8  organization shall be entitled to have present one pollwatcher
9  for each panel of election judges therein assigned.
10  (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.)
11  (10 ILCS 5/19A-15)
12  Sec. 19A-15. Period for early voting; hours.
13  (a) Except as otherwise provided in this Code, the period
14  for early voting by personal appearance begins the 14th 40th
15  day preceding a general primary, consolidated primary,
16  consolidated, or general election and extends through the end
17  of the day before election day.
18  (b) Except as otherwise provided by this Section, a
19  permanent polling place for early voting must remain open
20  beginning the 14th 15th day before an election through the end
21  of the day before election day during the hours of 8:30 a.m. to
22  4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
23  beginning 8 days before election day, a permanent polling
24  place for early voting must remain open during the hours of
25  8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00

 

 

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1  a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to
2  4 p.m. on Sundays; except that, in addition to the hours
3  required by this subsection, a permanent polling place
4  designated by an election authority under subsections (c),
5  (d), and (e) of Section 19A-10 must remain open for a total of
6  at least 8 hours on any holiday during the early voting period
7  and a total of at least 14 hours on the final weekend during
8  the early voting period.
9  (c) Notwithstanding subsection (b), an election authority
10  may close an early voting polling place if the building in
11  which the polling place is located has been closed by the State
12  or unit of local government in response to a severe weather
13  emergency or other force majeure. The election authority shall
14  notify the State Board of Elections of any closure and shall
15  make reasonable efforts to provide notice to the public of an
16  alternative location for early voting.
17  (d) (Blank).
18  (Source: P.A. 102-15, eff. 6-17-21.)
19  (10 ILCS 5/19A-35)
20  Sec. 19A-35. Procedure for voting.
21  (a) Not more than 23 days before the start of the election,
22  the county clerk shall make available to the election official
23  conducting early voting by personal appearance a sufficient
24  number of early ballots, envelopes, and printed voting
25  instruction slips for the use of early voters. The election

 

 

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1  official shall receipt for all ballots received and shall
2  return unused or spoiled ballots at the close of the early
3  voting period to the county clerk and must strictly account
4  for all ballots received. The ballots delivered to the
5  election official must include early ballots for each precinct
6  in the election authority's jurisdiction and must include
7  separate ballots for each political subdivision conducting an
8  election of officers or a referendum at that election.
9  (b) In conducting early voting under this Article, the
10  election judge or official is required to verify the signature
11  of the early voter by comparison with the signature on the
12  official registration card, and the judge or official must
13  verify (i) that the applicant is a registered voter, (ii) the
14  precinct in which the applicant is registered, and (iii) the
15  proper ballots of the political subdivision in which the
16  applicant resides and is entitled to vote, and (iv) the
17  applicant's identity, which must be verified by the
18  applicant's presentation of a government-issued photo
19  identification card, as defined in Section 3-8, or his or her
20  Voter Identification Card, before providing an early ballot to
21  the applicant. The election judge or official must verify the
22  applicant's registration from the most recent poll list
23  provided by the election authority, and if the applicant is
24  not listed on that poll list, by telephoning the office of the
25  election authority.
26  (b-5) A person requesting an early voting ballot to whom a

 

 

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1  vote by mail ballot was issued may vote early if the person
2  submits that vote by mail ballot to the judges of election or
3  official conducting early voting for cancellation. If the
4  voter is unable to submit the vote by mail ballot, it shall be
5  sufficient for the voter to submit to the judges or official
6  (i) a portion of the vote by mail ballot if the vote by mail
7  ballot was torn or mutilated or (ii) an affidavit executed
8  before the judges or official specifying that (A) the voter
9  never received a vote by mail ballot or (B) the voter completed
10  and returned a vote by mail ballot and was informed that the
11  election authority did not receive that vote by mail ballot.
12  (b-10) Within one day after a voter casts an early voting
13  ballot, the election authority shall transmit the voter's
14  name, street address, and precinct, ward, township, and
15  district numbers, as the case may be, to the State Board of
16  Elections, which shall maintain those names and that
17  information in an electronic format on its website, arranged
18  by county and accessible to State and local political
19  committees.
20  (b-15) Immediately after voting an early ballot, the voter
21  shall be instructed whether the voting equipment accepted or
22  rejected the ballot or identified that ballot as under-voted
23  for a statewide constitutional office. A voter whose ballot is
24  identified as under-voted may return to the voting booth and
25  complete the voting of that ballot. A voter whose early voting
26  ballot is not accepted by the voting equipment may, upon

 

 

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1  surrendering the ballot, request and vote another early voting
2  ballot. The voter's surrendered ballot shall be initialed by
3  the election judge or official conducting the early voting and
4  handled as provided in the appropriate Article governing the
5  voting equipment used.
6  (c) The sealed early ballots in their carrier envelope
7  shall be delivered by the election authority to the central
8  ballot counting location before the close of the polls on the
9  day of the election.
10  (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
11  (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
12  Sec. 20-2. Any member of the United States Service,
13  otherwise qualified to vote, who expects in the course of his
14  duties to be absent from the county in which he resides on the
15  day of holding any election may make application for a vote by
16  mail ballot to the election authority having jurisdiction over
17  his precinct of residence on the official postcard or on a form
18  furnished by the election authority as prescribed by Section
19  20-3 of this Article not less than 10 days before the election.
20  A request pursuant to this Section shall entitle the applicant
21  to a vote by mail ballot for every election in one calendar
22  year. The original application for ballot shall be kept in the
23  office of the election authority for one year as authorization
24  to send a ballot to the voter for each election to be held
25  within that calendar year. A certified copy of such

 

 

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1  application for ballot shall be sent each election with the
2  vote by mail ballot to the election authority's central ballot
3  counting location to be used in lieu of the original
4  application for ballot. No registration shall be required in
5  order to vote pursuant to this Section.
6  Ballots under this Section shall be mailed by the election
7  authority in the manner prescribed by Section 20-5 of this
8  Article and not otherwise. Ballots voted under this Section
9  must be returned postmarked no later than election day and
10  received for counting at the central ballot counting location
11  of the election authority on or before during the period for
12  counting provisional ballots, the last day of which is the
13  14th day following election day.
14  (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
15  (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
16  Sec. 20-2.1. Citizens of the United States temporarily
17  residing outside the territorial limits of the United States
18  who are not registered but otherwise qualified to vote and who
19  expect to be absent from their county of residence during the
20  periods of voter registration provided for in Articles 4, 5 or
21  6 of this Code and on the day of holding any election, may make
22  simultaneous application to the election authority having
23  jurisdiction over their precinct of residence for registration
24  by mail and vote by mail ballot not less than 30 days before
25  the election. Such application may be made on the official

 

 

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1  postcard or on a form furnished by the election authority as
2  prescribed by Section 20-3 of this Article or by facsimile or
3  electronic transmission. A request pursuant to this Section
4  shall entitle the applicant to a vote by mail ballot for every
5  election in one calendar year. The original application for
6  ballot shall be kept in the office of the election authority
7  for one year as authorization to send a ballot to the voter for
8  each election to be held within that calendar year. A
9  certified copy of such application for ballot shall be sent
10  each election with the vote by mail ballot to the election
11  authority's central ballot counting location to be used in
12  lieu of the original application for ballot.
13  Registration shall be required in order to vote pursuant
14  to this Section. However, if the election authority receives
15  one of such applications after 30 days but not less than 10
16  days before a Federal election, said applicant shall be sent a
17  ballot containing the Federal offices only and registration
18  for that election shall be waived.
19  Ballots under this Section shall be delivered by the
20  election authority in the manner prescribed by Section 20-5 of
21  this Article in person, by mail, or, if requested by the
22  applicant and the election authority has the capability, by
23  facsimile transmission or by electronic transmission.
24  Ballots voted under this Section must be returned
25  postmarked no later than election day and received for
26  counting at the central ballot counting location of the

 

 

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1  election authority on or before during the period for counting
2  provisional ballots, the last day of which is the 14th day
3  following election day.
4  (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
5  (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
6  Sec. 20-2.2. Any non-resident civilian citizen, otherwise
7  qualified to vote, may make application to the election
8  authority having jurisdiction over his precinct of former
9  residence for a vote by mail ballot containing the Federal
10  offices only not less than 10 days before a Federal election.
11  Such application may be made on the official postcard or by
12  facsimile or electronic transmission. A request pursuant to
13  this Section shall entitle the applicant to a vote by mail
14  ballot for every election in one calendar year at which
15  Federal offices are filled. The original application for
16  ballot shall be kept in the office of the election authority
17  for one year as authorization to send a ballot to the voter for
18  each election to be held within that calendar year at which
19  Federal offices are filled. A certified copy of such
20  application for ballot shall be sent each election with the
21  vote by mail ballot to the election authority's central ballot
22  counting location to be used in lieu of the original
23  application for ballot. No registration shall be required in
24  order to vote pursuant to this Section. Ballots under this
25  Section shall be delivered by the election authority in the

 

 

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1  manner prescribed by Section 20-5 of this Article in person,
2  by mail, or, if requested by the applicant and the election
3  authority has the capability, by facsimile transmission or by
4  electronic transmission. Ballots voted under this Section must
5  be returned postmarked no later than election day and received
6  for counting at the central ballot counting location of the
7  election authority on or before during the period for counting
8  provisional ballots, the last day of which is the 14th day
9  following election day.
10  (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
11  (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
12  Sec. 20-2.3. Members of the Armed Forces and their spouses
13  and dependents. Any member of the United States Armed Forces
14  while on active duty, and his or her spouse and dependents,
15  otherwise qualified to vote, who expects in the course of his
16  or her duties to be absent from the county in which he or she
17  resides on the day of holding any election, in addition to any
18  other method of making application for vote by mail ballot
19  under this Article, may make application for a vote by mail
20  ballot to the election authority having jurisdiction over his
21  or her precinct of residence by a facsimile machine or
22  electronic transmission not less than 10 days before the
23  election.
24  Ballots under this Section shall be delivered by the
25  election authority in the manner prescribed by Section 20-5 of

 

 

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1  this Article in person, by mail, or, if requested by the
2  applicant and the election authority has the capability, by
3  facsimile transmission or by electronic transmission. Ballots
4  voted under this Section must be returned postmarked no later
5  than election day and received for counting at the central
6  ballot counting location of the election authority on or
7  before during the period for counting provisional ballots, the
8  last day of which is the 14th day following election day.
9  (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
10  (10 ILCS 5/29-21 new)
11  Sec. 29-21. Ballot harvesting.
12  (a) Any person who, during an early voting period, gathers
13  on behalf of another and submits to an election authority more
14  than 3 vote by mail ballots shall be guilty of a Class 4
15  felony. This Section does not apply to a person acting on
16  behalf of the U.S. Postal Service or a company licensed as a
17  motor carrier of property by the Illinois Commerce Commission
18  under the Illinois Commercial Transportation Law.
19  (b) Any person who is convicted of violating this Section
20  shall be ineligible for public employment for a period of 5
21  years immediately following the completion of his sentence.
22  For the purpose of this subsection, "public employment" means
23  any elected or appointed office created by the Constitution or
24  laws of this State or by any ordinance of a unit of local
25  government. "Public employment" also includes any position as

 

 

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1  an employee of this State, a unit of local government, or a
2  school district.
3  (10 ILCS 5/19-2.5 rep.)
4  Section 10. The Election Code is amended by repealing
5  Section 19-2.5.
SB0181- 86 -LRB104 07582 SPS 17626 b 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/1-14 new4 10 ILCS 5/3-8 new5 10 ILCS 5/4-7from Ch. 46, par. 4-76 10 ILCS 5/5-17from Ch. 46, par. 5-177 10 ILCS 5/6-31from Ch. 46, par. 6-318 10 ILCS 5/6-1009 10 ILCS 5/7-41from Ch. 46, par. 7-4110 10 ILCS 5/11-2from Ch. 46, par. 11-211 10 ILCS 5/11-812 10 ILCS 5/16-5from Ch. 46, par. 16-513 10 ILCS 5/17-9from Ch. 46, par. 17-914 10 ILCS 5/17-29from Ch. 46, par. 17-2915 10 ILCS 5/18-5from Ch. 46, par. 18-516 10 ILCS 5/18A-517 10 ILCS 5/18A-1518 10 ILCS 5/19-2from Ch. 46, par. 19-219 10 ILCS 5/19-3from Ch. 46, par. 19-320 10 ILCS 5/19-4from Ch. 46, par. 19-421 10 ILCS 5/19-6from Ch. 46, par. 19-622 10 ILCS 5/19-8from Ch. 46, par. 19-823 10 ILCS 5/19A-1524 10 ILCS 5/19A-3525 10 ILCS 5/20-2from Ch. 46, par. 20-2  SB0181- 87 -LRB104 07582 SPS 17626 b  SB0181- 86 -LRB104 07582 SPS 17626 b   SB0181 - 86 - LRB104 07582 SPS 17626 b  1  INDEX 2  Statutes amended in order of appearance  3  10 ILCS 5/1-14 new   4  10 ILCS 5/3-8 new   5  10 ILCS 5/4-7 from Ch. 46, par. 4-7  6  10 ILCS 5/5-17 from Ch. 46, par. 5-17  7  10 ILCS 5/6-31 from Ch. 46, par. 6-31  8  10 ILCS 5/6-100   9  10 ILCS 5/7-41 from Ch. 46, par. 7-41  10  10 ILCS 5/11-2 from Ch. 46, par. 11-2  11  10 ILCS 5/11-8   12  10 ILCS 5/16-5 from Ch. 46, par. 16-5  13  10 ILCS 5/17-9 from Ch. 46, par. 17-9  14  10 ILCS 5/17-29 from Ch. 46, par. 17-29  15  10 ILCS 5/18-5 from Ch. 46, par. 18-5  16  10 ILCS 5/18A-5   17  10 ILCS 5/18A-15   18  10 ILCS 5/19-2 from Ch. 46, par. 19-2  19  10 ILCS 5/19-3 from Ch. 46, par. 19-3  20  10 ILCS 5/19-4 from Ch. 46, par. 19-4  21  10 ILCS 5/19-6 from Ch. 46, par. 19-6  22  10 ILCS 5/19-8 from Ch. 46, par. 19-8  23  10 ILCS 5/19A-15   24  10 ILCS 5/19A-35   25  10 ILCS 5/20-2 from Ch. 46, par. 20-2   SB0181- 87 -LRB104 07582 SPS 17626 b   SB0181 - 87 - LRB104 07582 SPS 17626 b
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  SB0181 - 86 - LRB104 07582 SPS 17626 b
1  INDEX
2  Statutes amended in order of appearance
3  10 ILCS 5/1-14 new
4  10 ILCS 5/3-8 new
5  10 ILCS 5/4-7 from Ch. 46, par. 4-7
6  10 ILCS 5/5-17 from Ch. 46, par. 5-17
7  10 ILCS 5/6-31 from Ch. 46, par. 6-31
8  10 ILCS 5/6-100
9  10 ILCS 5/7-41 from Ch. 46, par. 7-41
10  10 ILCS 5/11-2 from Ch. 46, par. 11-2
11  10 ILCS 5/11-8
12  10 ILCS 5/16-5 from Ch. 46, par. 16-5
13  10 ILCS 5/17-9 from Ch. 46, par. 17-9
14  10 ILCS 5/17-29 from Ch. 46, par. 17-29
15  10 ILCS 5/18-5 from Ch. 46, par. 18-5
16  10 ILCS 5/18A-5
17  10 ILCS 5/18A-15
18  10 ILCS 5/19-2 from Ch. 46, par. 19-2
19  10 ILCS 5/19-3 from Ch. 46, par. 19-3
20  10 ILCS 5/19-4 from Ch. 46, par. 19-4
21  10 ILCS 5/19-6 from Ch. 46, par. 19-6
22  10 ILCS 5/19-8 from Ch. 46, par. 19-8
23  10 ILCS 5/19A-15
24  10 ILCS 5/19A-35
25  10 ILCS 5/20-2 from Ch. 46, par. 20-2
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  SB0181 - 86 - LRB104 07582 SPS 17626 b
1  INDEX
2  Statutes amended in order of appearance
3  10 ILCS 5/1-14 new
4  10 ILCS 5/3-8 new
5  10 ILCS 5/4-7 from Ch. 46, par. 4-7
6  10 ILCS 5/5-17 from Ch. 46, par. 5-17
7  10 ILCS 5/6-31 from Ch. 46, par. 6-31
8  10 ILCS 5/6-100
9  10 ILCS 5/7-41 from Ch. 46, par. 7-41
10  10 ILCS 5/11-2 from Ch. 46, par. 11-2
11  10 ILCS 5/11-8
12  10 ILCS 5/16-5 from Ch. 46, par. 16-5
13  10 ILCS 5/17-9 from Ch. 46, par. 17-9
14  10 ILCS 5/17-29 from Ch. 46, par. 17-29
15  10 ILCS 5/18-5 from Ch. 46, par. 18-5
16  10 ILCS 5/18A-5
17  10 ILCS 5/18A-15
18  10 ILCS 5/19-2 from Ch. 46, par. 19-2
19  10 ILCS 5/19-3 from Ch. 46, par. 19-3
20  10 ILCS 5/19-4 from Ch. 46, par. 19-4
21  10 ILCS 5/19-6 from Ch. 46, par. 19-6
22  10 ILCS 5/19-8 from Ch. 46, par. 19-8
23  10 ILCS 5/19A-15
24  10 ILCS 5/19A-35
25  10 ILCS 5/20-2 from Ch. 46, par. 20-2

 

 

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