Bill Text: IL HB3658 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions for Voter Identification Cards. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity acceptable photo identification or a Voter Identification Card. Defines "acceptable photo identification".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-03-19 - Added Co-Sponsor Rep. Jackie Haas [HB3658 Detail]

Download: Illinois-2023-HB3658-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3658 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/1-14 new
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35
Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions for Voter Identification Cards. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity acceptable photo identification or a Voter Identification Card. Defines "acceptable photo identification".
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A BILL FOR
HB3658 LRB103 05123 AWJ 50137 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 1-3, 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by
adding Section 1-14 as follows:
(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
Sec. 1-3. As used in this Act, unless the context
otherwise requires:
1. "Election" includes the submission of all questions of
public policy, propositions, and all measures submitted to
popular vote, and includes primary elections when so indicated
by the context.
2. "Regular election" means the general, general primary,
consolidated and consolidated primary elections regularly
scheduled in Article 2A. The even numbered year municipal
primary established in Article 2A is a regular election only
with respect to those municipalities in which a primary is
required to be held on such date.
3. "Special election" means an election not regularly
recurring at fixed intervals, irrespective of whether it is
held at the same time and place and by the same election
officers as a regular election.

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4. "General election" means the biennial election at which
members of the General Assembly are elected. "General primary
election", "consolidated election" and "consolidated primary
election" mean the respective elections or the election dates
designated and established in Article 2A of this Code.
5. "Municipal election" means an election or primary,
either regular or special, in cities, villages, and
incorporated towns; and "municipality" means any such city,
village or incorporated town.
6. "Political or governmental subdivision" means any unit
of local government, or school district in which elections are
or may be held. "Political or governmental subdivision" also
includes, for election purposes, Regional Boards of School
Trustees, and Township Boards of School Trustees.
7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization
established in accordance with the provisions of the Township
Code. The term "incorporated town" shall mean a municipality
referred to as an incorporated town in the Illinois Municipal
Code, as now or hereafter amended.
8. "Election authority" means a county clerk or a Board of
Election Commissioners.
9. "Election Jurisdiction" means (a) an entire county, in
the case of a county in which no city board of election
commissioners is located or which is under the jurisdiction of
a county board of election commissioners; (b) the territorial

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jurisdiction of a city board of election commissioners; and
(c) the territory in a county outside of the jurisdiction of a
city board of election commissioners. In each instance
election jurisdiction shall be determined according to which
election authority maintains the permanent registration
records of qualified electors.
10. "Local election official" means the clerk or secretary
of a unit of local government or school district, as the case
may be, the treasurer of a township board of school trustees,
and the regional superintendent of schools with respect to the
various school officer elections and school referenda for
which the regional superintendent is assigned election duties
by The School Code, as now or hereafter amended.
11. "Judges of election", "primary judges" and similar
terms, as applied to cases where there are 2 sets of judges,
when used in connection with duties at an election during the
hours the polls are open, refer to the team of judges of
election on duty during such hours; and, when used with
reference to duties after the closing of the polls, refer to
the team of tally judges designated to count the vote after the
closing of the polls and the holdover judges designated
pursuant to Section 13-6.2 or 14-5.2. In such case, where,
after the closing of the polls, any act is required to be
performed by each of the judges of election, it shall be
performed by each of the tally judges and by each of the
holdover judges.

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12. "Petition" of candidacy as used in Sections 7-10 and
7-10.1 shall consist of a statement of candidacy, candidate's
statement containing oath, and sheets containing signatures of
qualified primary electors bound together.
13. "Election district" and "precinct", when used with
reference to a 30-day residence requirement, means the
smallest constituent territory in which electors vote as a
unit at the same polling place in any election governed by this
Act.
14. "District" means any area which votes as a unit for the
election of any officer, other than the State or a unit of
local government or school district, and includes, but is not
limited to, legislative, congressional and judicial districts,
judicial circuits, county board districts, municipal and
sanitary district wards, school board districts, and
precincts.
15. "Question of public policy" or "public question" means
any question, proposition or measure submitted to the voters
at an election dealing with subject matter other than the
nomination or election of candidates and shall include, but is
not limited to, any bond or tax referendum, and questions
relating to the Constitution.
16. "Ordinance providing the form of government of a
municipality or county pursuant to Article VII of the
Constitution" includes ordinances, resolutions and petitions
adopted by referendum which provide for the form of

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government, the officers or the manner of selection or terms
of office of officers of such municipality or county, pursuant
to the provisions of Sections 4, 6 or 7 of Article VII of the
Constitution.
17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
6-60, and 6-66 shall include a computer tape or computer disc
or other electronic data processing information containing
voter information.
18. "Accessible" means accessible to persons with
disabilities and elderly individuals for the purpose of voting
or registration, as determined by rule of the State Board of
Elections.
19. "Elderly" means 65 years of age or older.
20. "Person with a disability" means a person having a
temporary or permanent physical disability.
21. "Leading political party" means one of the two
political parties whose candidates for governor at the most
recent three gubernatorial elections received either the
highest or second highest average number of votes. The
political party whose candidates for governor received the
highest average number of votes shall be known as the first
leading political party and the political party whose
candidates for governor received the second highest average
number of votes shall be known as the second leading political
party.
22. "Business day" means any day in which the office of an

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election authority, local election official or the State Board
of Elections is open to the public for a minimum of 7 hours.
23. "Homeless individual" means any person who has a
nontraditional residence, including, but not limited to, a
shelter, day shelter, park bench, street corner, or space
under a bridge.
24. "Signature" means a name signed in ink or in digitized
form. This definition does not apply to a nominating or
candidate petition or a referendum petition.
25. "Intelligent mail barcode tracking system" means a
printed trackable barcode attached to the return business
reply envelope for mail-in ballots under Article 19 or Article
20 that allows an election authority to determine the date the
envelope was mailed in absence of a postmark.
26. "Acceptable photo identification" as used in Sections
1-14, 17-9, 18-5, 18A-5, 18A-15, and 19A-35 means any of the
following unexpired forms of photo identification:
(1) an Illinois Driver's License;
(2) a State identification card;
(3) an Illinois Disabled Person Identification Card;
(4) a Firearm Owners Identification Card;
(5) a U.S. Passport with the voter's current address;
or
(6) any other government-issued identification card
that includes the voter's name, current photograph, and
current address.

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(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
(10 ILCS 5/1-14 new)
Sec. 1-14. Voter Identification Card.
(a) The Secretary of State shall issue a Voter
Identification Card to each registered voter who does not have
an acceptable photo identification card. The Voter
Identification Card shall include at least: (i) the voter's
name, signature, and photograph; (ii) the State seal; and
(iii) the voter's current residence address. A Voter
Identification Card is valid for as long as the registered
voter maintains the name and residence on the Card. A Voter
Identification Card may not be used for any purpose other than
to vote in Illinois.
(b) No later than 3 months after the effective date of this
amendatory Act of the 103rd General Assembly, the Secretary of
State shall create and make available an application form for
the Voter Identification Card. Any registered voter who meets
the criteria set forth in this Section and who provides the
proper documentation required under subsection (d) shall
receive a Voter Identification Card.
(c) The Secretary of State shall require the presentation
and verification of the following information for issuance of
a Voter Registration Card:
(1) documentation of the applicant's identity using
one of the documents described in subsection (d);

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(2) evidence of voter registration; and
(3) documentation of the applicant's name and
principal residence address using one of the documents
described in subsection (e).
(d) Documentation of an applicant's identity must include
the applicant's name and date of birth. Any of the following
constitute acceptable documentation of an applicant's
identity:
(1) an original birth certificate or certified copy of
a birth certificate;
(2) a voter registration card;
(3) a copy of records filed in court by the applicant
or on behalf of the applicant by the applicant's counsel;
(4) a naturalization document;
(5) a copy of the applicant's marriage license;
(6) a copy of the State or federal tax return filed by
the applicant for the previous calendar year;
(7) an original of the annual Social Security
statement received by the applicant for the current or
preceding calendar year;
(8) an original of a Medicare or Medicaid statement
received by the applicant; or
(9) a certified school record or transcript for the
current or preceding calendar year.
(e) Any of the following constitute acceptable
documentation of an applicant's name and current address:

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(1) a voter registration card;
(2) a utility bill or cable bill;
(3) a bank statement issued within the last 60 days;
(4) a rental agreement in which the agreement's rental
term has not expired;
(5) a copy of the State or federal tax return filed by
the applicant for the previous calendar year;
(6) a homeowner's insurance policy or bill for the
current or preceding year;
(7) a mortgage, deed, or property tax bill for the
current or preceding year; or
(8) a W-2 for the preceding calendar year.
(f) Voters who are indigent and unable to obtain a Voter
Identification Card without a fee and voters who have a
religious objection to being photographed may vote a
provisional ballot and sign an affidavit that indicates one of
the exemptions stated in this subsection. An indigent person
is defined as an individual whose income is 125% or less of the
federal poverty income guidelines at the time the person is
voting.
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote (i) shall present
to the judges of election acceptable photo identification or a
Voter Identification Card for verification of the person's
identity and (ii) shall state the person's give his name and,

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if required to do so, the person's his residence to the judges
of election, one of whom shall thereupon announce the same in a
loud and distinct tone of voice, clear, and audible; the
judges of elections shall check each application for ballot
against the list of voters registered in that precinct to whom
grace period, vote by mail, or early ballots have been issued
for that election, which shall be provided by the election
authority and which list shall be available for inspection by
pollwatchers. A voter applying to vote in the precinct on
election day whose name appears on the list as having been
issued a grace period, vote by mail, or early ballot shall not
be permitted to vote in the precinct, except that a voter to
whom a vote by mail ballot was issued may vote in the precinct
if the voter submits to the election judges that vote by mail
ballot for cancellation. If the voter is unable to submit the
vote by mail ballot, it shall be sufficient for the voter to
submit to the election judges (i) a portion of the vote by mail
ballot if the vote by mail ballot was torn or mutilated or (ii)
an affidavit executed before the election judges specifying
that (A) the voter never received a vote by mail ballot or (B)
the voter completed and returned a vote by mail ballot and was
informed that the election authority did not receive that vote
by mail ballot. All applicable provisions of Articles 4, 5 or 6
shall be complied with and if such name is found on the
register of voters by the officer having charge thereof, he
shall likewise repeat said name, and the voter shall be

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allowed to enter within the proximity of the voting booths, as
above provided. One of the judges shall give the voter one, and
only one of each ballot to be voted at the election, on the
back of which ballots such judge shall indorse his initials in
such manner that they may be seen when each such ballot is
properly folded, and the voter's name shall be immediately
checked on the register list. In those election jurisdictions
where perforated ballot cards are utilized of the type on
which write-in votes can be cast above the perforation, the
election authority shall provide a space both above and below
the perforation for the judge's initials, and the judge shall
endorse his or her initials in both spaces. Whenever a
proposal for a constitutional amendment or for the calling of
a constitutional convention is to be voted upon at the
election, the separate blue ballot or ballots pertaining
thereto shall, when being handed to the voter, be placed on top
of the other ballots to be voted at the election in such manner
that the legend appearing on the back thereof, as prescribed
in Section 16-6 of this Act, shall be plainly visible to the
voter. At all elections, when a registry may be required, if
the name of any person so desiring to vote at such election is
not found on the register of voters, he or she shall not
receive a ballot until he or she shall have complied with the
law prescribing the manner and conditions of voting by
unregistered voters. If any person desiring to vote at any
election shall be challenged, he or she shall not receive a

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ballot until he or she shall have established his right to vote
in the manner provided hereinafter; and if he or she shall be
challenged after he has received his ballot, he shall not be
permitted to vote until he or she has fully complied with such
requirements of the law upon being challenged. Besides the
election officer, not more than 2 voters in excess of the whole
number of voting booths provided shall be allowed within the
proximity of the voting booths at one time. The provisions of
this Act, so far as they require the registration of voters as
a condition to their being allowed to vote shall not apply to
persons otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such election
have been engaged in the military or naval service of the
United States, and who appear personally at the polling place
on election day and produce to the judges of election
satisfactory evidence thereof, but such persons, if otherwise
qualified to vote, shall be permitted to vote at such election
without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
State of Illinois,)
) ss.
County of ........)
............... Precinct .......... Ward
I, ...., do solemnly swear (or affirm) that I am a citizen
of the United States, of the age of 18 years or over, and that

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within the past 60 days prior to the date of this election at
which I am applying to vote, I have been engaged in the ....
(military or naval) service of the United States; and I am
qualified to vote under and by virtue of the Constitution and
laws of the State of Illinois, and that I am a legally
qualified voter of this precinct and ward except that I have,
because of such service, been unable to register as a voter;
that I now reside at .... (insert street and number, if any) in
this precinct and ward; that I have maintained a legal
residence in this precinct and ward for 30 days and in this
State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
The affidavit of any such person shall be supported by the
affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
State of Illinois,)
) ss.
County of ........)
........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at this

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election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona fide
resident of this precinct and ward and that I verily believe
that he or she has maintained a legal residence therein 30 days
and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6 months,
during which period such affidavits shall be deemed public
records and shall be freely open to examination as such.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is
found upon the register of voters by the person having charge
thereof, (i) shall present to the judges of election
acceptable photo identification or a Voter Identification Card
for verification of the person's identity, (ii) shall then be
questioned by one of the judges as to the person's his

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nativity, the person's his term of residence at present
address, precinct, State and United States, the person's his
age, whether naturalized and if so the date of naturalization
papers and court from which secured, and (iii) he shall be
asked to state the person's his residence when last previously
registered and the date of the election for which the person he
then registered. The judges of elections shall check each
application for ballot against the list of voters registered
in that precinct to whom grace period, vote by mail, and early
ballots have been issued for that election, which shall be
provided by the election authority and which list shall be
available for inspection by pollwatchers. A voter applying to
vote in the precinct on election day whose name appears on the
list as having been issued a grace period, vote by mail, or
early ballot shall not be permitted to vote in the precinct,
except that a voter to whom a vote by mail ballot was issued
may vote in the precinct if the voter submits to the election
judges that vote by mail ballot for cancellation. If the voter
is unable to submit the vote by mail ballot, it shall be
sufficient for the voter to submit to the election judges (i) a
portion of the vote by mail ballot if the vote by mail ballot
was torn or mutilated or (ii) an affidavit executed before the
election judges specifying that (A) the voter never received a
vote by mail ballot or (B) the voter completed and returned a
vote by mail ballot and was informed that the election
authority did not receive that vote by mail ballot. If such

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person so registered shall be challenged as disqualified, the
party challenging shall assign his reasons therefor, and
thereupon one of the judges shall administer to him an oath to
answer questions, and if he shall take the oath he shall then
be questioned by the judge or judges touching such cause of
challenge, and touching any other cause of disqualification.
And he may also be questioned by the person challenging him in
regard to his qualifications and identity. But if a majority
of the judges are of the opinion that he is the person so
registered and a qualified voter, his vote shall then be
received accordingly. But if his vote be rejected by such
judges, such person may afterward produce and deliver an
affidavit to such judges, subscribed and sworn to by him
before one of the judges, in which it shall be stated how long
he has resided in such precinct, and state; that he is a
citizen of the United States, and is a duly qualified voter in
such precinct, and that he is the identical person so
registered. In addition to such an affidavit, the person so
challenged shall provide to the judges of election proof of
residence by producing 2 forms of identification showing the
person's current residence address, provided that such
identification may include a lease or contract for a residence
and not more than one piece of mail addressed to the person at
his current residence address and postmarked not earlier than
30 days prior to the date of the election, or the person shall
procure a witness personally known to the judges of election,

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and resident in the precinct (or district), or who shall be
proved by some legal voter of such precinct or district, known
to the judges to be such, who shall take the oath following,
viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
The oath in each case may be administered by one of the
judges of election, or by any officer, resident in the
precinct or district, authorized by law to administer oaths.
Also supported by an affidavit by a registered voter residing
in such precinct, stating his own residence, and that he knows
such person; and that he does reside at the place mentioned and
has resided in such precinct and state for the length of time
as stated by such person, which shall be subscribed and sworn
to in the same way. For purposes of this Section, the
submission of a photo identification issued by a college or
university, accompanied by either (i) a copy of the
applicant's contract or lease for a residence or (ii) one
piece of mail addressed to the person at his or her current
residence address and postmarked not earlier than 30 days

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prior to the date of the election, shall be sufficient to
establish proof of residence. Whereupon the vote of such
person shall be received, and entered as other votes. But such
judges, having charge of such registers, shall state in their
respective books the facts in such case, and the affidavits,
so delivered to the judges, shall be preserved and returned to
the office of the commissioners of election. Blank affidavits
of the character aforesaid shall be sent out to the judges of
all the precincts, and the judges of election shall furnish
the same on demand and administer the oaths without criticism.
Such oaths, if administered by any other officer than such
judge of election, shall not be received. Whenever a proposal
for a constitutional amendment or for the calling of a
constitutional convention is to be voted upon at the election,
the separate blue ballot or ballots pertaining thereto shall
be placed on top of the other ballots to be voted at the
election in such manner that the legend appearing on the back
thereof, as prescribed in Section 16-6 of this Act, shall be
plainly visible to the voter, and in this fashion the ballots
shall be handed to the voter by the judge.
Immediately after voting, the voter shall be instructed
whether the voting equipment, if used, accepted or rejected
the ballot or identified the ballot as under-voted. A voter
whose ballot is identified as under-voted for a statewide
constitutional office may return to the voting booth and
complete the voting of that ballot. A voter whose ballot is not

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accepted by the voting equipment may, upon surrendering the
ballot, request and vote another ballot. The voter's
surrendered ballot shall be initialed by the election judge
and handled as provided in the appropriate Article governing
that voting equipment.
The voter shall, upon quitting the voting booth, deliver
to one of the judges of election all of the ballots, properly
folded, which he received. The judge of election to whom the
voter delivers his ballots shall not accept the same unless
all of the ballots given to the voter are returned by him. If a
voter delivers less than all of the ballots given to him, the
judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the
voter is not required to vote such remaining ballots but that
whether or not he votes them he must fold and deliver them to
the judge. In making such statement the judge of election
shall not indicate by word, gesture or intonation of voice
that the unreturned ballots shall be voted in any particular
manner. No new voter shall be permitted to enter the voting
booth of a voter who has failed to deliver the total number of
ballots received by him until such voter has returned to the
voting booth pursuant to the judge's request and again quit
the booth with all of the ballots required to be returned by
him. Upon receipt of all such ballots the judges of election

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shall enter the name of the voter, and his number, as above
provided in this Section, and the judge to whom the ballots are
delivered shall immediately put the ballots into the ballot
box. If any voter who has failed to deliver all the ballots
received by him refuses to return to the voting booth after
being advised by the judge of election as herein provided, the
judge shall inform the other judges of such refusal, and
thereupon the ballot or ballots returned to the judge shall be
deposited in the ballot box, the voter shall be permitted to
depart from the polling place, and a new voter shall be
permitted to enter the voting booth.
The judge of election who receives the ballot or ballots
from the voter shall announce the residence and name of such
voter in a loud voice. The judge shall put the ballot or
ballots received from the voter into the ballot box in the
presence of the voter and the judges of election, and in plain
view of the public. The judges having charge of such registers
shall then, in a column prepared thereon, in the same line of,
the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than
the full number of ballots received by such voter without
first advising the voter in the manner above provided of the
necessity of returning all of the ballots, nor shall any such
judge advise such voter in a manner contrary to that which is
herein permitted, or in any other manner violate the
provisions of this Section; provided, that the acceptance by a

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judge of election of less than the full number of ballots
delivered to a voter who refuses to return to the voting booth
after being properly advised by such judge shall not be a
violation of this Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the official
list of eligible voters for the precinct in which the
person seeks to vote and the person has refused an
opportunity to register at the polling location or another
grace period registration site. The official list is the
centralized statewide voter registration list established
and maintained in accordance with Section 1A-25;
(2) The person's voting status has been challenged by
an election judge, a pollwatcher, or any legal voter and
that challenge has been sustained by a majority of the
election judges;
(3) A federal or State court order extends the time
for closing the polls beyond the time period established
by State law and the person votes during the extended time
period;

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(4) The voter registered to vote by mail and is
required by law to present acceptable photo identification
or a Voter Identification Card identification when voting
either in person, in the case of a voter who registered by
mail, or by early voting ballot, but fails to provide
acceptable photo identification or a Voter Identification
Card do so;
(5) The voter's name appears on the list of voters who
voted during the early voting period, but the voter claims
not to have voted during the early voting period;
(6) The voter received a vote by mail ballot but did
not return the vote by mail ballot to the election
authority; or
(7) The voter attempted to register to vote on
election day, but failed to provide the necessary
documentation; or .
(8) The voter has signed an affidavit attesting under
subsection (f) of Section 1-14 that the voter has a
religious objection to being photographed or the voter is
indigent and unable to obtain a Voter Identification Card.
(b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
(1) After first verifying through an examination of
the precinct register that the person's address is within
the precinct boundaries, an election judge at the polling
place shall notify a person who is entitled to cast a

HB3658 - 23 - LRB103 05123 AWJ 50137 b
provisional ballot pursuant to subsection (a) that he or
she may cast a provisional ballot in that election. An
election judge must accept any information provided by a
person who casts a provisional ballot that the person
believes supports his or her claim that he or she is a duly
registered voter and qualified to vote in the election.
However, if the person's residence address is outside the
precinct boundaries, the election judge shall inform the
person of that fact, give the person the appropriate
telephone number of the election authority in order to
locate the polling place assigned to serve that address,
and instruct the person to go to the proper polling place
to vote.
(2) The person shall execute a written form provided
by the election judge that shall state or contain all of
the following that is available:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly
swear (or affirm) that: I am a citizen of the
United States; I am 18 years of age or older; I
have resided in this State and in this precinct
for 30 days preceding this election; I have not
voted in this election; I am a duly registered
voter in every respect; and I am eligible to vote

HB3658 - 24 - LRB103 05123 AWJ 50137 b
in this election. Signature ...... Printed Name of
Voter ....... Printed Residence Address of Voter
...... City ...... State .... Zip Code .....
Telephone Number ...... Date of Birth ....... and
Illinois Driver's License Number ....... or Last 4
digits of Social Security Number ...... or State
Identification Card Number issued to you by the
Illinois Secretary of State ........
(ii) A box for the election judge to check one of
the reasons why the person was given a provisional
ballot under subsection (a) of this Section.
(iii) An area for the election judge to affix his
or her signature and to set forth any facts that
support or oppose the allegation that the person is
not qualified to vote in the precinct in which the
person is seeking to vote.
The written affidavit form described in this
subsection (b)(2) must be printed on a multi-part form
prescribed by the county clerk or board of election
commissioners, as the case may be.
(3) After the person executes the portion of the
written affidavit described in subsection (b)(2)(i) of
this Section, the election judge shall complete the
portion of the written affidavit described in subsection
(b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the

HB3658 - 25 - LRB103 05123 AWJ 50137 b
completed written affidavit to the person. The election
judge shall place the original written affidavit in a
self-adhesive clear plastic packing list envelope that
must be attached to a separate envelope marked as a
"provisional ballot envelope". The election judge shall
also place any information provided by the person who
casts a provisional ballot in the clear plastic packing
list envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or
procure self-adhesive clear plastic packing list envelopes
and provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope
with the clear plastic packing list envelope affixed to
it, which contains the person's original written affidavit
and, if any, information provided by the provisional voter
to support his or her claim that he or she is a duly
registered voter. An election judge must also give the
person written information that states that any person who
casts a provisional ballot shall be able to ascertain,
pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the
official canvass of votes for that election and, if the
provisional vote was not counted, the reason that the vote

HB3658 - 26 - LRB103 05123 AWJ 50137 b
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked
ballot inside of the provisional ballot envelope, close
and seal the envelope, and return the envelope to an
election judge, who shall then deposit the sealed
provisional ballot envelope into a securable container
separately identified and utilized for containing sealed
provisional ballot envelopes. Ballots that are provisional
because they are cast after 7:00 p.m. by court order shall
be kept separate from other provisional ballots. Upon the
closing of the polls, the securable container shall be
sealed with filament tape provided for that purpose, which
shall be wrapped around the box lengthwise and crosswise,
at least twice each way, and each of the election judges
shall sign the seal.
(c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for
accepting any information the provisional voter has supplied
to the election judge to support his or her claim that he or

HB3658 - 27 - LRB103 05123 AWJ 50137 b
she is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
(d) The county clerk or board of election commissioners,
as the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk
or board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 100-201, eff. 8-18-17.)
(10 ILCS 5/18A-15)
Sec. 18A-15. Validating and counting provisional ballots.
(a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.
The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,

HB3658 - 28 - LRB103 05123 AWJ 50137 b
its final canvass of the vote for all public offices.
(b) If a county clerk or board of election commissioners
determines that all of the following apply, then a provisional
ballot is valid and shall be counted as a vote:
(1) the provisional voter cast the provisional ballot
in the correct precinct based on the address provided by
the provisional voter. The provisional voter's affidavit
shall serve as a change of address request by that voter
for registration purposes for the next ensuing election if
it bears an address different from that in the records of
the election authority. Votes for federal and statewide
offices on a provisional ballot cast in the incorrect
precinct that meet the other requirements of this
subsection shall be valid and counted in accordance with
this Article. As used in this item, "federal office" is
defined as provided in Section 20-1 and "statewide office"
means the Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer. Votes for General Assembly,
countywide, citywide, or township office on a provisional
ballot cast in the incorrect precinct but in the correct
legislative district, representative district, county,
municipality, or township, as the case may be, shall be
valid and counted in accordance with this Article. As used
in this item, "citywide office" means an office elected by
the electors of an entire municipality. As used in this
item, "township office" means an office elected by the

HB3658 - 29 - LRB103 05123 AWJ 50137 b
electors of an entire township;
(2) the affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-5 contains,
at a minimum, the provisional voter's first and last name,
house number and street name, and signature or mark;
(3) except as permitted by item (5) of subsection (b)
of this Section, the provisional voter is a registered
voter based on information available to the county clerk
or board of election commissioners provided by or obtained
from any of the following:
i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
maintained by the State Board of Elections;
iv. the records of the county clerk or board of
election commissioners' database; or
v. the records of the Secretary of State; and
(4) for a provisional ballot cast under item (6) of
subsection (a) of Section 18A-5, the voter did not vote by
mail ballot in the election at which the provisional
ballot was cast; or
(5) for a provisional ballot cast under item (7) of
subsection (a) of Section 18A-5, the voter provides the
election authority with the necessary documentation within
7 days of election day.
(c) With respect to subsection (b)(3) of this Section, the

HB3658 - 30 - LRB103 05123 AWJ 50137 b
county clerk or board of election commissioners shall
investigate and record whether or not the specified
information is available from each of the 5 identified
sources. If the information is available from one or more of
the identified sources, then the county clerk or board of
election commissioners shall seek to obtain the information
from each of those sources until satisfied, with information
from at least one of those sources, that the provisional voter
is registered and entitled to vote. The county clerk or board
of election commissioners shall use any information it obtains
as the basis for determining the voter registration status of
the provisional voter. If a conflict exists among the
information available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election
commissioners shall make a determination based on the totality
of the circumstances. In a case where the above information
equally supports or opposes the registration status of the
voter, the county clerk or board of election commissioners
shall decide in favor of the provisional voter as being duly
registered to vote. If the statewide voter registration
database maintained by the State Board of Elections indicates
that the provisional voter is registered to vote, but the
county clerk's or board of election commissioners' voter
registration database indicates that the provisional voter is
not registered to vote, then the information found in the

HB3658 - 31 - LRB103 05123 AWJ 50137 b
statewide voter registration database shall control the matter
and the provisional voter shall be deemed to be registered to
vote. If the records of the county clerk or board of election
commissioners indicates that the provisional voter is
registered to vote, but the statewide voter registration
database maintained by the State Board of Elections indicates
that the provisional voter is not registered to vote, then the
information found in the records of the county clerk or board
of election commissioners shall control the matter and the
provisional voter shall be deemed to be registered to vote. If
the provisional voter's signature on his or her provisional
ballot request varies from the signature on an otherwise valid
registration application solely because of the substitution of
initials for the first or middle name, the election authority
may not reject the provisional ballot.
(d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter
to complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the

HB3658 - 32 - LRB103 05123 AWJ 50137 b
information already submitted by the provisional voter. Within
2 calendar days after the election, the election authority
shall transmit by electronic means pursuant to a process
established by the State Board of Elections the name, street
address, e-mail address, and precinct, ward, township, and
district numbers, as the case may be, of each person casting a
provisional ballot to the State Board of Elections, which
shall maintain those names and that information in an
electronic format on its website, arranged by county and
accessible to State and local political committees. The
provisional voter may, within 7 calendar days after the
election, submit additional information to the county clerk or
board of election commissioners, except that in the case of
provisional voting under paragraph (4) of subsection (a) of
Section 18A-5, the provisional voter has 10 days to provide
the county clerk or board of election commissioners with
acceptable photo identification or a Voter Identification
Card. This information must be received by the county clerk or
board of election commissioners within the applicable
7-calendar-day period or 10-calendar-day period.
(e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the

HB3658 - 33 - LRB103 05123 AWJ 50137 b
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
(f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this
Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
(g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The
provisional ballots determined to be valid shall be added to
the vote totals for the precincts from which they were cast in
the order in which the ballots were opened. The validation and
counting of provisional ballots shall be subject to the
provisions of this Code that apply to pollwatchers. If the
provisional ballots are a ballot of a punch card voting
system, then the provisional ballot shall be counted in a
manner consistent with Article 24A. If the provisional ballots
are a ballot of optical scan or other type of approved
electronic voting system, then the provisional ballots shall
be counted in a manner consistent with Article 24B.
(h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional

HB3658 - 34 - LRB103 05123 AWJ 50137 b
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted
or spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote
shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure
and seal it in the same manner as described in item (6) of
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election
official" means the county clerk, a member of the board of
election commissioners, as the case may be, and their
respective employees.

HB3658 - 35 - LRB103 05123 AWJ 50137 b
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19A-35)
Sec. 19A-35. Procedure for voting.
(a) Not more than 23 days before the start of the election,
the county clerk shall make available to the election official
conducting early voting by personal appearance a sufficient
number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. The election
official shall receipt for all ballots received and shall
return unused or spoiled ballots at the close of the early
voting period to the county clerk and must strictly account
for all ballots received. The ballots delivered to the
election official must include early ballots for each precinct
in the election authority's jurisdiction and must include
separate ballots for each political subdivision conducting an
election of officers or a referendum at that election.
(b) In conducting early voting under this Article, the
election judge or official is required to verify the signature
of the early voter by comparison with the signature on the
official registration card, and the judge or official must
verify (i) that the applicant is a registered voter, (ii) the
precinct in which the applicant is registered, and (iii) the
proper ballots of the political subdivision in which the
applicant resides and is entitled to vote, and (iv) the

HB3658 - 36 - LRB103 05123 AWJ 50137 b
applicant's identity by the applicant's presentation of
acceptable photo identification or a Voter Identification Card
before providing an early ballot to the applicant. The
election judge or official must verify the applicant's
registration from the most recent poll list provided by the
election authority, and if the applicant is not listed on that
poll list, by telephoning the office of the election
authority.
(b-5) A person requesting an early voting ballot to whom a
vote by mail ballot was issued may vote early if the person
submits that vote by mail ballot to the judges of election or
official conducting early voting for cancellation. If the
voter is unable to submit the vote by mail ballot, it shall be
sufficient for the voter to submit to the judges or official
(i) a portion of the vote by mail ballot if the vote by mail
ballot was torn or mutilated or (ii) an affidavit executed
before the judges or official specifying that (A) the voter
never received a vote by mail ballot or (B) the voter completed
and returned a vote by mail ballot and was informed that the
election authority did not receive that vote by mail ballot.
(b-10) Within one day after a voter casts an early voting
ballot, the election authority shall transmit the voter's
name, street address, and precinct, ward, township, and
district numbers, as the case may be, to the State Board of
Elections, which shall maintain those names and that
information in an electronic format on its website, arranged

HB3658 - 37 - LRB103 05123 AWJ 50137 b
by county and accessible to State and local political
committees.
(b-15) Immediately after voting an early ballot, the voter
shall be instructed whether the voting equipment accepted or
rejected the ballot or identified that ballot as under-voted
for a statewide constitutional office. A voter whose ballot is
identified as under-voted may return to the voting booth and
complete the voting of that ballot. A voter whose early voting
ballot is not accepted by the voting equipment may, upon
surrendering the ballot, request and vote another early voting
ballot. The voter's surrendered ballot shall be initialed by
the election judge or official conducting the early voting and
handled as provided in the appropriate Article governing the
voting equipment used.
(c) The sealed early ballots in their carrier envelope
shall be delivered by the election authority to the central
ballot counting location before the close of the polls on the
day of the election.
(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)