Bill Text: IL HB5372 | 2019-2020 | 101st General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5372 Detail]

Download: Illinois-2019-HB5372-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5372 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-14 new
10 ILCS 5/3-8 new
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35
Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card.
LRB101 16837 SMS 66236 b
A BILL FOR
HB5372 LRB101 16837 SMS 66236 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 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
Sections 1-14 and 3-8 as follows:
(10 ILCS 5/1-14 new)
Sec. 1-14. Voter Identification Card.
(a) Issuance. The Secretary of State shall issue a Voter
Identification Card to each registered voter who does not have
an acceptable form of photo identification card as defined in
Section 3-8. 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) Intent and purpose. It is the intent of the General
Assembly to provide the Secretary of State with guidance on how
to issue the Voter Identification Card to those individuals who
do not have an acceptable form of photo identification as
defined in Section 3-8.

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(c) Application for the Voter Identification Card. Within a
reasonable time after the effective date of this amendatory Act
of the 100th General Assembly, the Secretary of State shall
provide application forms 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.
(d) Documentation required. The Secretary of State shall
require the presentation and verification of the following
information for issuance of a Voter Registration Card:
(1) A photo identity document, except that a non-photo
identity document, as defined in subsection (e), is
acceptable if it includes both the applicant's name and
date of birth.
(2) Documentation showing the applicant's date of
birth.
(3) Evidence of voter registration.
(4) Documentation, as defined in subsection (f),
showing the applicant's name and principal residence
address.
(e) Non-photo identity document. A non-photo identity
document must include the applicant's name and date of birth.
Any of the following shall constitute a non-photo identity
document in lieu of a photo identity document:
(1) An original birth certificate or certified copy of
a birth certificate.

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(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.
(9) A certified school record or transcript for the
current or preceding calendar year.
(f) Documentation of name and address. Any of the following
documents shall be acceptable as documentation of the
applicant's name and current address:
(1) A voter registration card.
(2) A utility bill or cable bill.
(3) A bank statement issued within the last 60 days.
(4) A valid and current rental agreement.
(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

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current or preceding year.
(8) A W-2 for the preceding calendar year.
(g) Exemptions. 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
current federal poverty income guidelines.
(10 ILCS 5/3-8 new)
Sec. 3-8. Acceptable forms of photo identification for
voting purposes. As used in this Code, acceptable forms of
photo identification for voting purposes include:
(1) An Illinois Driver's License.
(2) A State Identification Card.
(3) An Illinois Disabled Person Identification Card.
(4) A Senior Citizen Identification Card.
(5) A FOID Card.
(6) A U.S. Passport with the voter's current address.
(7) Any other government-issued identification card
that includes the voter's name, current photograph, and
current address.
All photo identification cards must be valid and current.
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)

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Sec. 17-9. Any person desiring to vote shall (i) present to
the judges of election for verification of the person's
identity a government-issued photo identification card, as
defined in Section 3-8, or his or her Voter Identification Card
and (ii) give his name and, if required to do so, 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

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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 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

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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
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.

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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
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.

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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
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

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thereof, shall (i) present to the judges of election for
verification of the person's identity a government-issued
photo identification card, as defined in Section 3-8, or his or
her Voter Identification Card, (ii) shall then be questioned by
one of the judges as to his nativity, his term of residence at
present address, precinct, State and United States, 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 his residence when last previously registered and the
date of the election for which 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

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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 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

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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,
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

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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 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

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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
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

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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 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

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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 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

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closing the polls beyond the time period established by
State law and the person votes during the extended time
period;
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person, in the case of a voter who registered by
mail, when voting or by early voting ballot, but fails to
provide an acceptable form of photo identification as
described in Section 3-8, or a Voter Identification Card
issued under Section 1-14 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.
(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 provisional
ballot pursuant to subsection (a) that he or she may cast a
provisional ballot in that election. An election judge must

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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 in this
election. Signature ...... Printed Name of Voter
....... Printed Residence Address of Voter ......
City ...... State .... Zip Code ..... Telephone

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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
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

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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
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot

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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 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).

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(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,
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

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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
electors of an entire township;
(2) the affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-5 contains, at

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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
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
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

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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 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

HB5372 - 26 - LRB101 16837 SMS 66236 b
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
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

HB5372 - 27 - LRB101 16837 SMS 66236 b
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 the required photo
identification card. This information must be received by the
county clerk or board of election commissioners within the
applicable 7-calendar-day 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
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.

HB5372 - 28 - LRB101 16837 SMS 66236 b
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
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

HB5372 - 29 - LRB101 16837 SMS 66236 b
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.
(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.

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(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
applicant's identity, which must be verified by the applicant's
presentation of a government-issued photo identification card,
as defined in Section 3-8, or his or her Voter Identification
Card, before providing an early ballot to the applicant. The
election judge or official must verify the applicant's

HB5372 - 31 - LRB101 16837 SMS 66236 b
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 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

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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.)