Bill Text: IL SB0181 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Election Code. Requires Voter Identification Cards for those who do not have acceptable photo identification. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card. In provisions concerning electioneering at voting precincts, provides that electioneering includes the distribution of food or drinks to voters. Provides that each election authority shall establish procedures for the registration of voters and for change of address during the period from the close of registration for an election until the 7th day before the election (currently, the day of the election). Provides that a polling place shall not be located in any residential building, including, but not limited to, an apartment or dormitory. Provides that election authorities shall establish vote centers in at least 2 locations. Specifies the locations where vote centers shall be located. Provides that each election authority shall keep a secure record of the number of ballots printed and distributed to the judges of election at each polling place of each precinct or district. Provides that the State Board of Elections shall develop standards that each election authority shall implement for the 2026 general primary election, and all subsequent elections, to count and track the number of ballots printed and distributed. Removes provisions allowing voters to apply for permanent vote by mail status. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Provides that the county clerk or board of election commissioners shall complete the validation and counting of provisional ballots within 7 calendar days (rather than 14 calendar days) of the day after the election. Provides that specified vote by mail ballots returned to an election authority shall be counted on or before the 7th day after the election. Provides that any person who, during an early voting period, gathers on behalf of another and submits to an election authority more than 3 vote by mail ballots shall be guilty of a Class 4 felony. Makes other changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-28 - Assigned to Executive [SB0181 Detail]
Download: Illinois-2025-SB0181-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||
5 | Sections 4-7, 5-17, 6-31, 6-31, 6-100, 7-41, 11-2, 11-8, 16-5, | |||||||||||||||||||
6 | 17-9, 17-29, 18-5, 18A-5, 18A-15, 19-2, 19-3, 19-4, 19-6, | |||||||||||||||||||
7 | 19-8, 19A-15, 20-2, 20-2.1, 20-2.2, and 20-2.3 and 19A-35 and | |||||||||||||||||||
8 | by adding Sections 1-14, 3-8, and 29-21 as follows:
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9 | (10 ILCS 5/1-14 new) | |||||||||||||||||||
10 | Sec. 1-14. Voter Identification Card. | |||||||||||||||||||
11 | (a) The Secretary of State shall issue a Voter | |||||||||||||||||||
12 | Identification Card to each registered voter who does not have | |||||||||||||||||||
13 | an acceptable form of photo identification card as defined in | |||||||||||||||||||
14 | Section 3-8. The Voter Identification Card shall include at | |||||||||||||||||||
15 | least: (i) the voter's name, signature, and photograph; (ii) | |||||||||||||||||||
16 | the State seal; and (iii) the voter's current residence | |||||||||||||||||||
17 | address. A Voter Identification Card is valid for as long as | |||||||||||||||||||
18 | the registered voter maintains the name and residence on the | |||||||||||||||||||
19 | Card. A Voter Identification Card may not be used for any | |||||||||||||||||||
20 | purpose other than to vote in Illinois. | |||||||||||||||||||
21 | (b) It is the intent of the General Assembly to provide the | |||||||||||||||||||
22 | Secretary of State with guidance on how to issue the Voter | |||||||||||||||||||
23 | Identification Card to those individuals who do not have an |
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1 | acceptable form of photo identification as defined in Section | ||||||
2 | 3-8. | ||||||
3 | (c) Within a reasonable time after the effective date of | ||||||
4 | this amendatory Act of the 104th General Assembly, the | ||||||
5 | Secretary of State shall provide application forms for the | ||||||
6 | Voter Identification Card. Any registered voter who meets the | ||||||
7 | criteria set forth in this Section and who provides the proper | ||||||
8 | documentation required under subsection (d) shall receive a | ||||||
9 | Voter Identification Card. | ||||||
10 | (d) The Secretary of State shall require the presentation | ||||||
11 | and verification of the following information for issuance of | ||||||
12 | a Voter Registration Card: | ||||||
13 | (1) A photo identity document, except that a non-photo | ||||||
14 | identity document, as defined in subsection (e), is | ||||||
15 | acceptable if it includes both the applicant's name and | ||||||
16 | date of birth. | ||||||
17 | (2) Documentation showing the applicant's date of | ||||||
18 | birth. | ||||||
19 | (3) Evidence of voter registration. | ||||||
20 | (4) Documentation, as defined in subsection (f), | ||||||
21 | showing the applicant's name and principal residence | ||||||
22 | address. | ||||||
23 | (e) A non-photo identity document must include the | ||||||
24 | applicant's name and date of birth. Any of the following shall | ||||||
25 | constitute a non-photo identity document in lieu of a photo | ||||||
26 | identity document: |
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1 | (1) An original birth certificate or certified copy of | ||||||
2 | a birth certificate. | ||||||
3 | (2) A voter registration card. | ||||||
4 | (3) A copy of records filed in court by the applicant | ||||||
5 | or on behalf of the applicant by the applicant's counsel. | ||||||
6 | (4) A naturalization document. | ||||||
7 | (5) A copy of the applicant's marriage license. | ||||||
8 | (6) A copy of the State or federal tax return filed by | ||||||
9 | the applicant for the previous calendar year. | ||||||
10 | (7) An original of the annual Social Security | ||||||
11 | statement received by the applicant for the current or | ||||||
12 | preceding calendar year. | ||||||
13 | (8) An original of a Medicare or Medicaid statement | ||||||
14 | received by the applicant. | ||||||
15 | (9) A certified school record or transcript for the | ||||||
16 | current or preceding calendar year. | ||||||
17 | (f) Any of the following documents shall be acceptable as | ||||||
18 | documentation of the applicant's name and current address: | ||||||
19 | (1) A voter registration card. | ||||||
20 | (2) A utility bill or cable bill. | ||||||
21 | (3) A bank statement issued within the last 60 days. | ||||||
22 | (4) A valid and current rental agreement. | ||||||
23 | (5) A copy of the State or federal tax return filed by | ||||||
24 | the applicant for the previous calendar year. | ||||||
25 | (6) A homeowner's insurance policy or bill for the | ||||||
26 | current or preceding year. |
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1 | (7) A mortgage, deed, or property tax bill for the | ||||||
2 | current or preceding year. | ||||||
3 | (8) A W-2 for the preceding calendar year. | ||||||
4 | (g) Voters who are indigent and unable to obtain a Voter | ||||||
5 | Identification Card without a fee and voters who have a | ||||||
6 | religious objection to being photographed may vote a | ||||||
7 | provisional ballot and sign an affidavit which indicates that | ||||||
8 | one of the exemptions stated in this subsection applies. As | ||||||
9 | used in this Section, "indigent person" means an individual | ||||||
10 | whose income is 125% or less of the current federal poverty | ||||||
11 | income guidelines updated periodically in the Federal Register | ||||||
12 | by the U.S. Department of Health and Human Services under the | ||||||
13 | authority of 42 U.S.C. 9902(2).
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14 | (10 ILCS 5/3-8 new) | ||||||
15 | Sec. 3-8. Acceptable forms of photo identification for | ||||||
16 | voting purposes. As used in this Code, acceptable forms of | ||||||
17 | photo identification for voting purposes include: | ||||||
18 | (1) An Illinois Driver's License. | ||||||
19 | (2) An Illinois Identification Card. | ||||||
20 | (3) An Illinois Disabled Person Identification Card. | ||||||
21 | (4) A Senior Citizen Identification Card. | ||||||
22 | (5) A FOID Card. | ||||||
23 | (6) A U.S. Passport with the voter's current address. | ||||||
24 | (7) Any other government-issued identification card | ||||||
25 | that includes the voter's name, current photograph, and |
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1 | current address. | ||||||
2 | All photo identification cards must be valid and current.
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3 | (10 ILCS 5/4-7) (from Ch. 46, par. 4-7) | ||||||
4 | Sec. 4-7. In counties having a re-registration in 1969 and | ||||||
5 | 1970, there shall be 3 days of precinct re-registration in | ||||||
6 | each precinct. The first of such 3 days shall be Friday, | ||||||
7 | November 21, 1969; the second, Friday, December 19, 1969; and | ||||||
8 | the third, Tuesday, January 15, 1970. In all counties over | ||||||
9 | 1,000,000 population, or in counties under 1,000,000 | ||||||
10 | population if the county clerk determines to have precinct | ||||||
11 | registration in the county pursuant to Section 4-6.1 there | ||||||
12 | shall be one day of precinct registration preceding each | ||||||
13 | regular election on the first Tuesday after the first Monday | ||||||
14 | in November of even numbered years, on Saturday preceding the | ||||||
15 | Tuesday 6 weeks preceding the election. The county board shall | ||||||
16 | have authority to designate 2 days of registration in each | ||||||
17 | precinct, in which event the second day of precinct | ||||||
18 | registration shall be 29 days before such election. On each | ||||||
19 | day of registration, the registration places shall be opened | ||||||
20 | at noon and remain open until 9:00 P.M. The provisions of | ||||||
21 | Section 4-3 of this Article shall apply to the selection of | ||||||
22 | places of registration or re-registration under this Section. | ||||||
23 | At least 20 days prior to a precinct registration or | ||||||
24 | re-registration, the county clerk shall publish a notice of | ||||||
25 | registration or re-registration, giving the dates, hours and |
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1 | places of registration or re-registration, in a newspaper of | ||||||
2 | general circulation published in the county, if there is one, | ||||||
3 | or otherwise in a newspaper of general circulation in such | ||||||
4 | county. | ||||||
5 | The election authorities shall issue credentials to | ||||||
6 | registration day pollwatchers in the manner and on the terms | ||||||
7 | prescribed in Section 17-23 with respect to pollwatchers at | ||||||
8 | elections. Registration day pollwatchers shall be allowed to | ||||||
9 | see the names and addresses of the people who have registered | ||||||
10 | during the course of the day. | ||||||
11 | No person shall, at any precinct registration or | ||||||
12 | reregistration, do any electioneering or soliciting of votes | ||||||
13 | or engage in any political discussion within any precinct | ||||||
14 | registration place or within 30 feet thereof. Nothing in this | ||||||
15 | Act shall be construed to prohibit any candidate from being | ||||||
16 | present in or near any precinct registration place. All | ||||||
17 | persons who register to vote at any precinct registration | ||||||
18 | place must be residents of the precinct in which they | ||||||
19 | register. | ||||||
20 | As used in this Section, "electioneering" includes, except | ||||||
21 | in the ordinary course of business, the distribution of food | ||||||
22 | or drinks to voters. | ||||||
23 | (Source: P.A. 81-1535.)
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24 | (10 ILCS 5/5-17) (from Ch. 46, par. 5-17) | ||||||
25 | Sec. 5-17. If the county clerk determines, as provided in |
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1 | Section 5-16.1, to have precinct registration in the county, | ||||||
2 | the board of county commissioners shall, prior to any general | ||||||
3 | state election held in the month of November of any even | ||||||
4 | numbered year designate a day or days and shall designate | ||||||
5 | convenient places in the townships or cities or villages or | ||||||
6 | incorporated towns for registration of voters. Such day or | ||||||
7 | days shall not be more than 36 nor less than 28 days before | ||||||
8 | such election. | ||||||
9 | The provisions of Section 5-3 of this Article shall apply | ||||||
10 | to the selection of places of registration under this Section | ||||||
11 | and the provisions of Section 5-3 relative to the attendance | ||||||
12 | of police officers during the conduct of such registration | ||||||
13 | shall also apply. | ||||||
14 | The officers of registration chosen to conduct | ||||||
15 | registrations under the provisions of this Section shall be | ||||||
16 | chosen by the county clerk. | ||||||
17 | In choosing officers of registration, the county clerk | ||||||
18 | shall choose only persons residing in the township in which | ||||||
19 | the place of registration is located. He shall choose, in each | ||||||
20 | precinct, 3 officers of registration, at least one from each | ||||||
21 | of the 2 major political parties. The county clerk may appoint | ||||||
22 | additional officers of registration in precincts which have | ||||||
23 | had sudden increases in population. | ||||||
24 | The officers so chosen shall be voters registered under | ||||||
25 | the provisions of this Article 5, and shall have the same | ||||||
26 | qualifications and take the same oath as required of |
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1 | registration officers under Section 5-4 of this Article 5, and | ||||||
2 | shall be subject to the same penalties. | ||||||
3 | The places of registration designated by the board of | ||||||
4 | county commissioners under the provisions of this Section | ||||||
5 | shall be open from 8 a.m. to 9 p.m. on such day or days as may | ||||||
6 | be specified by the board of county commissioners. | ||||||
7 | Registration under this Section shall be made in the same | ||||||
8 | manner as provided for precinct registration under the | ||||||
9 | provisions of this Article 5, but the canvass of registration | ||||||
10 | shall be made by 2 registration officers of different | ||||||
11 | political affiliations, said registration officers to be | ||||||
12 | designated by the county clerk and the hearing and final | ||||||
13 | revision of the registry heretofore conducted by the board of | ||||||
14 | revision shall be performed by the county clerk or his deputy | ||||||
15 | on the Monday and Tuesday following precinct registration. | ||||||
16 | Said revision under this Section shall take place at the | ||||||
17 | office of the county clerk between the hours of 9 a.m. and 9 | ||||||
18 | p.m. | ||||||
19 | The registration officers shall make their returns to the | ||||||
20 | county clerk not later than noon of the day following the last | ||||||
21 | day of the canvass of registration provided by this Section. | ||||||
22 | The election authorities shall issue credentials to | ||||||
23 | registration day pollwatchers in the manner and on the terms | ||||||
24 | prescribed in Section 17-23 with respect to pollwatchers at | ||||||
25 | elections. Registration day pollwatchers shall be allowed to | ||||||
26 | see the names and addresses of the people who have registered |
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1 | during the course of the day. | ||||||
2 | No person shall, at any precinct registration or | ||||||
3 | reregistration, do any electioneering or soliciting of votes | ||||||
4 | or engage in any political discussion within any precinct | ||||||
5 | registration place or within 30 feet thereof. Nothing in this | ||||||
6 | Act shall be construed to prohibit any candidate from being | ||||||
7 | present in or near any precinct registration place. All | ||||||
8 | persons who register to vote at any precinct registration | ||||||
9 | place must be residents of the precinct in which they | ||||||
10 | register. | ||||||
11 | As used in this Section, "electioneering" includes, except | ||||||
12 | in the ordinary course of business, the distribution of food | ||||||
13 | or drinks to voters. | ||||||
14 | (Source: P.A. 81-1535.)
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15 | (10 ILCS 5/6-31) (from Ch. 46, par. 6-31) | ||||||
16 | Sec. 6-31. In addition to the registration authorized at | ||||||
17 | the office of the Board of Election Commissioners, there shall | ||||||
18 | be two days of registration in each precinct preceding the | ||||||
19 | election to be held on the first Tuesday after the first Monday | ||||||
20 | in November, 1936. The place of registration in each precinct | ||||||
21 | shall be designated by the Board of Election Commissioners, | ||||||
22 | and public notice thereof given, and the provisions of Article | ||||||
23 | 11, Section 11-4 of this Act shall apply thereto. The | ||||||
24 | registration places so designated shall be open from 8:00 | ||||||
25 | o'clock a.m. until 9:00 o'clock p.m. on each of such days of |
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1 | registration. | ||||||
2 | The first of said two days of registration shall be on | ||||||
3 | Saturday preceding the Tuesday four weeks before said | ||||||
4 | election; the second of said two days of registration shall be | ||||||
5 | on Tuesday three weeks preceding said election; provided, | ||||||
6 | however, that in cities, villages and incorporated towns of | ||||||
7 | 200,000 or more, having a board of election commissioners, and | ||||||
8 | in cities, villages and incorporated towns within the | ||||||
9 | jurisdiction of said board of election commissioners, the | ||||||
10 | first day of registration shall be on Saturday preceding the | ||||||
11 | Tuesday six weeks preceding said election; and the second day | ||||||
12 | of such registration shall be on Tuesday four weeks preceding | ||||||
13 | said election. | ||||||
14 | In addition to the two days of registration hereinabove | ||||||
15 | provided, the Board of Election Commissioners may provide for | ||||||
16 | additional days of registration (not exceeding two) before | ||||||
17 | said election. The last day so designated shall be earlier | ||||||
18 | than the last day of registration hereinabove provided for | ||||||
19 | cities, villages and incorporated towns under the jurisdiction | ||||||
20 | of such Board. | ||||||
21 | For the registration held in accordance with the terms of | ||||||
22 | this section there shall be a board of registry composed of two | ||||||
23 | deputy registrars and one judge of registration for each | ||||||
24 | precinct. The political party with which the minority member | ||||||
25 | of the Board of Election Commissioners is affiliated, shall be | ||||||
26 | entitled to be represented by one deputy registrar in each |
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1 | precinct. The political party with which the majority of the | ||||||
2 | members of the Board of Election Commissioners are affiliated | ||||||
3 | shall be entitled to be represented by one deputy registrar in | ||||||
4 | each precinct. | ||||||
5 | In the even numbered precincts the political party with | ||||||
6 | which a majority of the members of the Board of Election | ||||||
7 | Commissioners are affiliated, shall be entitled to be | ||||||
8 | represented by the judge of registration. | ||||||
9 | In the odd numbered precincts the party represented by the | ||||||
10 | minority member of the Board of Election Commissioners shall | ||||||
11 | be entitled to be represented by the judge of registration. | ||||||
12 | Such board shall cause the printed list and supplement of | ||||||
13 | the registration for the previous election to be posted up at | ||||||
14 | the place of registration two days before such registration, | ||||||
15 | with a printed notice of the time and place of the next | ||||||
16 | registration. After the first registration under this article, | ||||||
17 | the printed lists required to be posted shall be those for the | ||||||
18 | precincts served by the registration places designated by the | ||||||
19 | Board of Election Commissioners. | ||||||
20 | The election authorities shall issue credentials to | ||||||
21 | registration day pollwatchers in the manner and on the terms | ||||||
22 | prescribed in Section 17-23 with respect to pollwatchers at | ||||||
23 | elections. Registration day pollwatchers shall be allowed to | ||||||
24 | see the names and addresses of the people who have registered | ||||||
25 | during the course of the day. | ||||||
26 | No person shall, at any precinct registration or |
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1 | reregistration, do any electioneering or soliciting of votes | ||||||
2 | or engage in any political discussion within any precinct | ||||||
3 | registration place or within 30 feet thereof. Nothing in this | ||||||
4 | Act shall be construed to prohibit any candidate from being | ||||||
5 | present in or near any precinct registration place. All | ||||||
6 | persons who register to vote at any precinct registration | ||||||
7 | place must be residents of the precinct in which they | ||||||
8 | register. | ||||||
9 | As used in this Section, "electioneering" includes, except | ||||||
10 | in the ordinary course of business, the distribution of food | ||||||
11 | or drinks to voters. | ||||||
12 | (Source: P.A. 81-1535.)
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13 | (10 ILCS 5/6-100) | ||||||
14 | Sec. 6-100. Grace period. Notwithstanding any other | ||||||
15 | provision of this Code to the contrary, each election | ||||||
16 | authority shall establish procedures for the registration of | ||||||
17 | voters and for change of address during the period from the | ||||||
18 | close of registration for an election until the 7th day before | ||||||
19 | the election and including the day of the election . During | ||||||
20 | this grace period, an unregistered qualified elector may | ||||||
21 | register to vote, and a registered voter may submit a change of | ||||||
22 | address form, in person in the office of the election | ||||||
23 | authority, at a permanent polling place established under | ||||||
24 | Section 19A-10, at any other early voting site beginning 15 | ||||||
25 | days prior to the election, at a polling place on election day, |
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1 | or at a voter registration location specifically designated | ||||||
2 | for this purpose by the election authority. Grace period | ||||||
3 | registration and changes of address shall also be conducted | ||||||
4 | for eligible residents in connection with voting at facilities | ||||||
5 | under Section 19-12.2 of this Code. The election authority | ||||||
6 | shall register that individual, or change a registered voter's | ||||||
7 | address, in the same manner as otherwise provided by this | ||||||
8 | Article for registration and change of address. | ||||||
9 | If a voter who registers or changes address during this | ||||||
10 | grace period wishes to vote at the election or primary | ||||||
11 | occurring during the grace period. The election authority | ||||||
12 | shall offer in-person grace period voting at the authority's | ||||||
13 | office, any permanent polling place established under Section | ||||||
14 | 19A-10, and at any other early voting site beginning 15 days | ||||||
15 | prior to the election, at a polling place on election day, | ||||||
16 | where grace period registration is required by this Section; | ||||||
17 | and may offer in-person grace period voting at additional | ||||||
18 | hours and locations specifically designated for the purpose of | ||||||
19 | grace period voting by the election authority. The election | ||||||
20 | authority may allow grace period voting by mail only if the | ||||||
21 | election authority has no ballots prepared at the authority's | ||||||
22 | office. Grace period voting shall be in a manner substantially | ||||||
23 | similar to voting under Article 19A. | ||||||
24 | Within one day after a voter casts a grace period ballot, | ||||||
25 | or within one day after the ballot is received by the election | ||||||
26 | authority if the election authority allows grace period voting |
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1 | by mail, the election authority shall transmit by electronic | ||||||
2 | means pursuant to a process established by the State Board of | ||||||
3 | Elections the voter's name, street address, e-mail address, | ||||||
4 | and precinct, ward, township, and district numbers, as the | ||||||
5 | case may be, to the State Board of Elections, which shall | ||||||
6 | maintain those names and that information in an electronic | ||||||
7 | format on its website, arranged by county and accessible to | ||||||
8 | State and local political committees. The name of each person | ||||||
9 | issued a grace period ballot shall also be placed on the | ||||||
10 | appropriate precinct list of persons to whom vote by mail and | ||||||
11 | early ballots have been issued, for use as provided in | ||||||
12 | Sections 17-9 and 18-5. | ||||||
13 | A person who casts a grace period ballot shall not be | ||||||
14 | permitted to revoke that ballot and vote another ballot with | ||||||
15 | respect to that primary or election. Ballots cast by persons | ||||||
16 | who register or change address during the grace period at a | ||||||
17 | location other than their designated polling place on election | ||||||
18 | day must be transmitted to and counted at the election | ||||||
19 | authority's central ballot counting location and shall not be | ||||||
20 | transmitted to and counted at precinct polling places. The | ||||||
21 | grace period ballots determined to be valid shall be added to | ||||||
22 | the vote totals for the precincts for which they were cast in | ||||||
23 | the order in which the ballots were opened. | ||||||
24 | In counties with a population of less than 100,000 that do | ||||||
25 | not have electronic poll books, the election authority may opt | ||||||
26 | out of registration in the polling place if the election |
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1 | authority establishes grace period registration and voting at | ||||||
2 | other sites on election day at the following sites: (i) the | ||||||
3 | election authority's main office and (ii) a polling place in | ||||||
4 | each municipality where 20% or more of the county's residents | ||||||
5 | reside if the election authority's main office is not located | ||||||
6 | in that municipality. The election authority may establish | ||||||
7 | other grace period registration and voting sites on election | ||||||
8 | day provided that the election authority has met the notice | ||||||
9 | requirements of Section 19A-25 for permanent and temporary | ||||||
10 | early voting sites. | ||||||
11 | (Source: P.A. 100-442, eff. 8-25-17.)
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12 | (10 ILCS 5/7-41) (from Ch. 46, par. 7-41) | ||||||
13 | Sec. 7-41. (a) All officers upon whom is imposed by law the | ||||||
14 | duty of designating and providing polling places for general | ||||||
15 | elections, shall provide in each such polling place so | ||||||
16 | designated and provided, a sufficient number of booths for | ||||||
17 | such primary election, which booths shall be provided with | ||||||
18 | shelves, such supplies and pencils as will enable the voter to | ||||||
19 | prepare his ballot for voting and in which voters may prepare | ||||||
20 | their ballots screened from all observation as to the manner | ||||||
21 | in which they do so. Such booths shall be within plain view of | ||||||
22 | the election officers and both they and the ballot boxes shall | ||||||
23 | be within plain view of those within the proximity of the | ||||||
24 | voting booths. No person other than election officers and the | ||||||
25 | challengers allowed by law and those admitted for the purpose |
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1 | of voting, as hereinafter provided, shall be permitted within | ||||||
2 | the proximity of the voting booths, except by authority of the | ||||||
3 | primary officers to keep order and enforce the law. | ||||||
4 | (b) The number of such voting booths shall not be less than | ||||||
5 | one to every seventy-five voters or fraction thereof, who | ||||||
6 | voted at the last preceding election in the precinct or | ||||||
7 | election district. | ||||||
8 | (c) No person shall do any electioneering or soliciting of | ||||||
9 | votes on primary day within any polling place or within one | ||||||
10 | hundred feet of any polling place, or, at the option of a | ||||||
11 | church or private school, on any of the property of that church | ||||||
12 | or private school that is a polling place. Election officers | ||||||
13 | shall place 2 or more cones, small United States national | ||||||
14 | flags, or some other marker a distance of 100 horizontal feet | ||||||
15 | from each entrance to the room used by voters to engage in | ||||||
16 | voting, which shall be known as the polling room. If the | ||||||
17 | polling room is located within a building that is a private | ||||||
18 | business, a public or private school, or a church or other | ||||||
19 | organization founded for the purpose of religious worship and | ||||||
20 | the distance of 100 horizontal feet ends within the interior | ||||||
21 | of the building, then the markers shall be placed outside of | ||||||
22 | the building at each entrance used by voters to enter that | ||||||
23 | building on the grounds adjacent to the thoroughfare or | ||||||
24 | walkway. If the polling room is located within a public or | ||||||
25 | private building with 2 or more floors and the polling room is | ||||||
26 | located on the ground floor, then the markers shall be placed |
| |||||||
| |||||||
1 | 100 horizontal feet from each entrance to the polling room | ||||||
2 | used by voters to engage in voting. If the polling room is | ||||||
3 | located in a public or private building with 2 or more floors | ||||||
4 | and the polling room is located on a floor above or below the | ||||||
5 | ground floor, then the markers shall be placed a distance of | ||||||
6 | 100 feet from the nearest elevator or staircase used by voters | ||||||
7 | on the ground floor to access the floor where the polling room | ||||||
8 | is located. The area within where the markers are placed shall | ||||||
9 | be known as a campaign free zone, and electioneering is | ||||||
10 | prohibited pursuant to this subsection. Notwithstanding any | ||||||
11 | other provision of this Section, a church or private school | ||||||
12 | may choose to apply the campaign free zone to its entire | ||||||
13 | property, and, if so, the markers shall be placed near the | ||||||
14 | boundaries on the grounds adjacent to the thoroughfares or | ||||||
15 | walkways leading to the entrances used by the voters. At or | ||||||
16 | near the door of each polling place, the election judges shall | ||||||
17 | place signage indicating the proper entrance to the polling | ||||||
18 | place. In addition, the election judges shall ensure that a | ||||||
19 | sign identifying the location of the polling place is placed | ||||||
20 | on a nearby public roadway. The State Board of Elections shall | ||||||
21 | establish guidelines for the placement of polling place | ||||||
22 | signage. | ||||||
23 | The area on polling place property beyond the campaign | ||||||
24 | free zone, whether publicly or privately owned, is a public | ||||||
25 | forum for the time that the polls are open on an election day. | ||||||
26 | At the request of election officers any publicly owned |
| |||||||
| |||||||
1 | building must be made available for use as a polling place. A | ||||||
2 | person shall have the right to congregate and engage in | ||||||
3 | electioneering on any polling place property while the polls | ||||||
4 | are open beyond the campaign free zone, including but not | ||||||
5 | limited to, the placement of temporary signs. This subsection | ||||||
6 | shall be construed liberally in favor of persons engaging in | ||||||
7 | electioneering on all polling place property beyond the | ||||||
8 | campaign free zone for the time that the polls are open on an | ||||||
9 | election day. | ||||||
10 | (d) The regulation of electioneering on polling place | ||||||
11 | property on an election day, including but not limited to the | ||||||
12 | placement of temporary signs, is an exclusive power and | ||||||
13 | function of the State. A home rule unit may not regulate | ||||||
14 | electioneering and any ordinance or local law contrary to | ||||||
15 | subsection (c) is declared void. This is a denial and | ||||||
16 | limitation of home rule powers and functions under subsection | ||||||
17 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
18 | (e) As used in this Section, "electioneering" includes, | ||||||
19 | except in the ordinary course of business, the distribution of | ||||||
20 | food or drinks to voters. | ||||||
21 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
22 | (10 ILCS 5/11-2) (from Ch. 46, par. 11-2) | ||||||
23 | Sec. 11-2. Election precincts. The County Board in each | ||||||
24 | county, except in counties having a population of 3,000,000 | ||||||
25 | inhabitants or over, shall, at its regular meeting in June or |
| |||||||
| |||||||
1 | an adjourned meeting in July, divide its election precincts so | ||||||
2 | that each precinct shall contain, as near as may be | ||||||
3 | practicable, 1,200 registered voters. Insofar as is | ||||||
4 | practicable, each precinct shall be situated within a single | ||||||
5 | congressional, legislative and representative district and in | ||||||
6 | not more than one County Board district and one municipal | ||||||
7 | ward. In order to situate each precinct within a single | ||||||
8 | district or ward, the County Board shall change the boundaries | ||||||
9 | of election precincts after each decennial census as soon as | ||||||
10 | is practicable following the completion of congressional and | ||||||
11 | legislative redistricting, except that, in 2021, the county | ||||||
12 | board shall change the boundaries at a regular or special | ||||||
13 | meeting within 60 days after the effective date of this | ||||||
14 | amendatory Act of the 102nd General Assembly. In determining | ||||||
15 | whether a division of precincts should be made, the county | ||||||
16 | board may anticipate increased voter registration in any | ||||||
17 | precinct in which there is in progress new construction of | ||||||
18 | dwelling units which will be occupied by voters more than 30 | ||||||
19 | days before the next election. Each district shall be composed | ||||||
20 | of contiguous territory in as compact form as can be for the | ||||||
21 | convenience of the electors voting therein. The several county | ||||||
22 | boards in establishing districts shall describe them by metes | ||||||
23 | and bounds and number them. And so often thereafter as it shall | ||||||
24 | appear by the number of votes cast at the general election held | ||||||
25 | in November of any year, that any election district or | ||||||
26 | undivided election precinct contains more than 1,200 |
| |||||||
| |||||||
1 | registered voters, the County Board of the county in which the | ||||||
2 | district or precinct may be, shall at its regular meeting in | ||||||
3 | June, or an adjourned meeting in July next, after such | ||||||
4 | November election, redivide or readjust such election district | ||||||
5 | or election precinct, so that no district or election precinct | ||||||
6 | shall contain more than the number of votes above specified. | ||||||
7 | If for any reason the County Board fails in any year to | ||||||
8 | redivide or readjust the election districts or election | ||||||
9 | precinct, then the districts or precincts as then existing | ||||||
10 | shall continue until the next regular June meeting of the | ||||||
11 | County Board; at which regular June meeting or an adjourned | ||||||
12 | meeting in July the County Board shall redivide or readjust | ||||||
13 | the election districts or election precincts in manner as | ||||||
14 | herein required. When at any meeting of the County Board any | ||||||
15 | redivision, readjustment or change in name or number of | ||||||
16 | election districts or election precincts is made by the County | ||||||
17 | Board, the County Clerk shall immediately notify the State | ||||||
18 | Board of Elections of such redivision, readjustment or change. | ||||||
19 | The County Board in every case shall fix and establish the | ||||||
20 | places for holding elections in its respective county and all | ||||||
21 | elections shall be held at the places so fixed. The polling | ||||||
22 | places shall in all cases be upon the ground floor in the front | ||||||
23 | room, the entrance to which is in a highway or public street | ||||||
24 | which is at least 40 feet wide, and is as near the center of | ||||||
25 | the voting population of the precinct as is practicable, and | ||||||
26 | for the convenience of the greatest number of electors to vote |
| |||||||
| |||||||
1 | thereat; provided, however, where the County Board is unable | ||||||
2 | to secure a suitable polling place within the boundaries of a | ||||||
3 | precinct, it may select a polling place at the most | ||||||
4 | conveniently located suitable place outside the precinct; but | ||||||
5 | in no case shall an election be held in any residential | ||||||
6 | building, including, but not limited to, an apartment or | ||||||
7 | dormitory, or any room used or occupied as a saloon, dramshop, | ||||||
8 | bowling alley or as a place of resort for idlers and | ||||||
9 | disreputable persons, billiard hall or in any room connected | ||||||
10 | therewith by doors or hallways. No person shall be permitted | ||||||
11 | to vote at any election except at the polling place for the | ||||||
12 | precinct in which he resides, except as otherwise provided in | ||||||
13 | this Section or Article 19 of this Act. In counties having a | ||||||
14 | population of 3,000,000 inhabitants or over the County Board | ||||||
15 | shall divide its election precincts and shall fix and | ||||||
16 | establish places for holding elections as hereinbefore | ||||||
17 | provided during the month of January instead of at its regular | ||||||
18 | meeting in June or at an adjourned meeting in July. | ||||||
19 | However, in the event that additional divisions of | ||||||
20 | election precincts are indicated after a division made by the | ||||||
21 | County Board in the month of January, such additional | ||||||
22 | divisions may be made by the County Board in counties having a | ||||||
23 | population of 3,000,000 inhabitants or over, at the regular | ||||||
24 | meeting in June or at adjourned meeting in July. The county | ||||||
25 | board of such county may divide or readjust precincts at any | ||||||
26 | meeting of the county board when the voter registration in a |
| |||||||
| |||||||
1 | precinct has increased beyond 1,800 registered voters and an | ||||||
2 | election is scheduled before the next regular January or June | ||||||
3 | meeting of the county board. | ||||||
4 | When in any city, village or incorporated town territory | ||||||
5 | has been annexed thereto or disconnected therefrom, which | ||||||
6 | annexation or disconnection becomes effective after election | ||||||
7 | precincts or election districts have been established as above | ||||||
8 | provided in this Section, the clerk of the municipality shall | ||||||
9 | inform the county clerk thereof as provided in Section 4-21, | ||||||
10 | 5-28.1, or 6-31.1, whichever is applicable. In the event that | ||||||
11 | a regular meeting of the County Board is to be held after such | ||||||
12 | notification and before any election, the County Board shall, | ||||||
13 | at its next regular meeting establish new election precinct | ||||||
14 | lines in affected territory. In the event that no regular | ||||||
15 | meeting of the County Board is to be held before such election | ||||||
16 | the county clerk shall, within 5 days after being so informed, | ||||||
17 | call a special meeting of the county board on a day fixed by | ||||||
18 | him not more than 20 days thereafter for the purpose of | ||||||
19 | establishing election precincts or election districts in the | ||||||
20 | affected territory for the ensuing elections. | ||||||
21 | At any consolidated primary or consolidated election at | ||||||
22 | which municipal officers are to be elected, and at any | ||||||
23 | emergency referendum at which a public question relating to a | ||||||
24 | municipality is to be voted on, notwithstanding any other | ||||||
25 | provision of this Code, the election authority shall establish | ||||||
26 | a polling place within such municipality, upon the request of |
| |||||||
| |||||||
1 | the municipal council or board of trustees at least 60 days | ||||||
2 | before the election and provided that the municipality | ||||||
3 | provides a suitable polling place. To accomplish this purpose, | ||||||
4 | the election authority may establish an election precinct | ||||||
5 | constituting a single municipality of under 500 population for | ||||||
6 | all elections, notwithstanding the minimum precinct size | ||||||
7 | otherwise specified herein. | ||||||
8 | Notwithstanding the above, when there are no more than 50 | ||||||
9 | registered voters in a precinct who are entitled to vote in a | ||||||
10 | local government or school district election, the election | ||||||
11 | authority having jurisdiction over the precinct is authorized | ||||||
12 | to reassign such voters to one or more polling places in | ||||||
13 | adjacent precincts, within or without the election authority's | ||||||
14 | jurisdiction, for that election. For the purposes of such | ||||||
15 | local government or school district election only, the votes | ||||||
16 | of the reassigned voters shall be tallied and canvassed as | ||||||
17 | votes from the precinct of the polling place to which such | ||||||
18 | voters have been reassigned. The election authority having | ||||||
19 | jurisdiction over the precinct shall approve all | ||||||
20 | administrative and polling place procedures. Such procedures | ||||||
21 | shall take into account voter convenience, and ensure that the | ||||||
22 | integrity of the election process is maintained and that the | ||||||
23 | secrecy of the ballot is not violated. | ||||||
24 | Except in the event of a fire, flood or total loss of heat | ||||||
25 | in a place fixed or established by any county board or election | ||||||
26 | authority pursuant to this Section as a polling place for an |
| |||||||
| |||||||
1 | election, no election authority shall change the location of a | ||||||
2 | polling place so established for any precinct after notice of | ||||||
3 | the place of holding the election for that precinct has been | ||||||
4 | given as required under Article 12 unless the election | ||||||
5 | authority notifies all registered voters in the precinct of | ||||||
6 | the change in location by first class mail in sufficient time | ||||||
7 | for such notice to be received by the registered voters in the | ||||||
8 | precinct at least one day prior to the date of the election. | ||||||
9 | The provisions of this Section apply to all precincts, | ||||||
10 | including those where voting machines or electronic voting | ||||||
11 | systems are used. | ||||||
12 | (Source: P.A. 102-668, eff. 11-15-21.)
| ||||||
13 | (10 ILCS 5/11-8) | ||||||
14 | (Section scheduled to be repealed on July 1, 2029) | ||||||
15 | Sec. 11-8. Vote centers. | ||||||
16 | (a) Notwithstanding any law to the contrary, election | ||||||
17 | authorities shall establish at least 2 locations that provide | ||||||
18 | curbside voting one location to be located at : (i) at least one | ||||||
19 | location shall be located in a municipality with a population | ||||||
20 | of less than 5,000 that is accessible to the greatest number of | ||||||
21 | rural voters; and (ii) at least one location shall be located | ||||||
22 | in an office of the election authority or in the largest | ||||||
23 | municipality within its jurisdiction where all voters in its | ||||||
24 | jurisdiction are allowed to vote on election day during | ||||||
25 | polling place hours, regardless of the precinct in which they |
| |||||||
| |||||||
1 | are registered , and that location shall provide curbside | ||||||
2 | voting. Election authorities may establish more than one vote | ||||||
3 | center, but in jurisdictions with a population of more than | ||||||
4 | 500,000 inhabitants, the election authority shall establish at | ||||||
5 | least 2 vote centers . An election authority establishing such | ||||||
6 | a vote center location under this Section shall identify the | ||||||
7 | locations location and any health and safety requirements by | ||||||
8 | the 40th day preceding an election and shall certify such to | ||||||
9 | the State Board of Elections. | ||||||
10 | (b) This Section is repealed on July 1, 2029. | ||||||
11 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
12 | 102-1109, eff. 12-21-22; 103-467, eff. 8-4-23.)
| ||||||
13 | (10 ILCS 5/16-5) (from Ch. 46, par. 16-5) | ||||||
14 | Sec. 16-5. Distribution of ballots. | ||||||
15 | (a) For all elections to which this article applies, the | ||||||
16 | county clerks, in their respective counties, shall have charge | ||||||
17 | of the printing of the ballots for all elections, including | ||||||
18 | referenda, and shall furnish them to the judges of election. | ||||||
19 | In municipalities and counties having a board of election | ||||||
20 | commissioners, such board shall have charge of the printing of | ||||||
21 | the ballots and furnish them to the judges of election within | ||||||
22 | the territory under their jurisdiction. Ballots shall be | ||||||
23 | printed and in possession of the respective election | ||||||
24 | authorities at least two days before each election and subject | ||||||
25 | to the inspection of candidates and their agents; if any |
| |||||||
| |||||||
1 | mistakes be discovered they shall be corrected without delay. | ||||||
2 | The election authority shall cause to be delivered to the | ||||||
3 | judges of election at the polling place of each precinct or | ||||||
4 | district, not less than twelve hours before the time fixed by | ||||||
5 | law for the opening of the polls therein, at least 10% more | ||||||
6 | ballots of the kind to be voted in such precinct or district | ||||||
7 | than the number of voters registered therein for the purposes | ||||||
8 | of such election, such ballots shall be put up in separate | ||||||
9 | sealed packages, with marks on the outside clearly designating | ||||||
10 | the polling place for which they are intended and the number of | ||||||
11 | ballots enclosed, and receipt therefor shall be given by the | ||||||
12 | judges of election to whom they are delivered, which receipt | ||||||
13 | shall be preserved by the election authority. The election | ||||||
14 | authority shall provide and retain at its office an ample | ||||||
15 | supply of ballots, in addition to those distributed to the | ||||||
16 | several voting precincts or districts, and if at any time on or | ||||||
17 | before the day of election the ballots furnished to any | ||||||
18 | precinct shall be lost, destroyed or exhausted before the | ||||||
19 | polls are closed, on written application signed by a majority | ||||||
20 | of the judges he or they shall immediately cause to be | ||||||
21 | delivered to such judges at the polling place, such additional | ||||||
22 | supply of ballots as may be required and sufficient to comply | ||||||
23 | with the provisions of this Act. | ||||||
24 | (b) No person, other than a person acting on behalf of an | ||||||
25 | election authority, shall print and distribute ballots to the | ||||||
26 | judges of election at a polling place at a precinct or |
| |||||||
| |||||||
1 | district. | ||||||
2 | (c) Each election authority shall keep a secure record of | ||||||
3 | the number of ballots printed and distributed to the judges of | ||||||
4 | election at each polling place of each precinct or district. | ||||||
5 | The State Board of Elections shall develop standards that each | ||||||
6 | election authority shall implement for the 2026 general | ||||||
7 | primary election, and all subsequent elections, to count and | ||||||
8 | track the number of ballots printed and distributed as | ||||||
9 | described in this Section. | ||||||
10 | (Source: P.A. 80-1469.)
| ||||||
11 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) | ||||||
12 | Sec. 17-9. Any person desiring to vote shall (i) present | ||||||
13 | to the judges of election for verification of the person's | ||||||
14 | identity a government-issued photo identification card, as | ||||||
15 | defined in Section 3-8, or his or her Voter Identification | ||||||
16 | Card and (ii) give his name and, if required to do so, his | ||||||
17 | residence to the judges of election, one of whom shall | ||||||
18 | thereupon announce the same in a loud and distinct tone of | ||||||
19 | voice, clear, and audible; the judges of elections shall check | ||||||
20 | each application for ballot against the list of voters | ||||||
21 | registered in that precinct to whom grace period, vote by | ||||||
22 | mail, or early ballots have been issued for that election, | ||||||
23 | which shall be provided by the election authority and which | ||||||
24 | list shall be available for inspection by pollwatchers. A | ||||||
25 | voter applying to vote in the precinct on election day whose |
| |||||||
| |||||||
1 | name appears on the list as having been issued a grace period, | ||||||
2 | vote by mail, or early ballot shall not be permitted to vote in | ||||||
3 | the precinct, except that a voter to whom a vote by mail ballot | ||||||
4 | was issued may vote in the precinct if the voter submits to the | ||||||
5 | election judges that vote by mail ballot for cancellation. If | ||||||
6 | the voter is unable to submit the vote by mail ballot, it shall | ||||||
7 | be sufficient for the voter to submit to the election judges | ||||||
8 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
9 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
10 | before the election judges specifying that (A) the voter never | ||||||
11 | received a vote by mail ballot or (B) the voter completed and | ||||||
12 | returned a vote by mail ballot and was informed that the | ||||||
13 | election authority did not receive that vote by mail ballot. | ||||||
14 | All applicable provisions of Articles 4, 5 or 6 shall be | ||||||
15 | complied with and if such name is found on the register of | ||||||
16 | voters by the officer having charge thereof, he shall likewise | ||||||
17 | repeat said name, and the voter shall be allowed to enter | ||||||
18 | within the proximity of the voting booths, as above provided. | ||||||
19 | One of the judges shall give the voter one, and only one of | ||||||
20 | each ballot to be voted at the election, on the back of which | ||||||
21 | ballots such judge shall indorse his initials in such manner | ||||||
22 | that they may be seen when each such ballot is properly folded, | ||||||
23 | and the voter's name shall be immediately checked on the | ||||||
24 | register list. In those election jurisdictions where | ||||||
25 | perforated ballot cards are utilized of the type on which | ||||||
26 | write-in votes can be cast above the perforation, the election |
| |||||||
| |||||||
1 | authority shall provide a space both above and below the | ||||||
2 | perforation for the judge's initials, and the judge shall | ||||||
3 | endorse his or her initials in both spaces. Whenever a | ||||||
4 | proposal for a constitutional amendment or for the calling of | ||||||
5 | a constitutional convention is to be voted upon at the | ||||||
6 | election, the separate blue ballot or ballots pertaining | ||||||
7 | thereto shall, when being handed to the voter, be placed on top | ||||||
8 | of the other ballots to be voted at the election in such manner | ||||||
9 | that the legend appearing on the back thereof, as prescribed | ||||||
10 | in Section 16-6 of this Act, shall be plainly visible to the | ||||||
11 | voter. At all elections, when a registry may be required, if | ||||||
12 | the name of any person so desiring to vote at such election is | ||||||
13 | not found on the register of voters, he or she shall not | ||||||
14 | receive a ballot until he or she shall have complied with the | ||||||
15 | law prescribing the manner and conditions of voting by | ||||||
16 | unregistered voters. If any person desiring to vote at any | ||||||
17 | election shall be challenged, he or she shall not receive a | ||||||
18 | ballot until he or she shall have established his right to vote | ||||||
19 | in the manner provided hereinafter; and if he or she shall be | ||||||
20 | challenged after he has received his ballot, he shall not be | ||||||
21 | permitted to vote until he or she has fully complied with such | ||||||
22 | requirements of the law upon being challenged. Besides the | ||||||
23 | election officer, not more than 2 voters in excess of the whole | ||||||
24 | number of voting booths provided shall be allowed within the | ||||||
25 | proximity of the voting booths at one time. The provisions of | ||||||
26 | this Act, so far as they require the registration of voters as |
| |||||||
| |||||||
1 | a condition to their being allowed to vote shall not apply to | ||||||
2 | persons otherwise entitled to vote, who are, at the time of the | ||||||
3 | election, or at any time within 60 days prior to such election | ||||||
4 | have been engaged in the military or naval service of the | ||||||
5 | United States, and who appear personally at the polling place | ||||||
6 | on election day and produce to the judges of election | ||||||
7 | satisfactory evidence thereof, but such persons, if otherwise | ||||||
8 | qualified to vote, shall be permitted to vote at such election | ||||||
9 | without previous registration. | ||||||
10 | All such persons shall also make an affidavit which shall | ||||||
11 | be in substantially the following form: | ||||||
12 | State of Illinois,)
| ||||||
13 | ) ss.
| ||||||
14 | County of ........)
| ||||||
15 | ............... Precinct .......... Ward | ||||||
16 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
17 | of the United States, of the age of 18 years or over, and that | ||||||
18 | within the past 60 days prior to the date of this election at | ||||||
19 | which I am applying to vote, I have been engaged in the .... | ||||||
20 | (military or naval) service of the United States; and I am | ||||||
21 | qualified to vote under and by virtue of the Constitution and | ||||||
22 | laws of the State of Illinois, and that I am a legally | ||||||
23 | qualified voter of this precinct and ward except that I have, | ||||||
24 | because of such service, been unable to register as a voter; | ||||||
25 | that I now reside at .... (insert street and number, if any) in | ||||||
26 | this precinct and ward; that I have maintained a legal |
| |||||||
| |||||||
1 | residence in this precinct and ward for 30 days and in this | ||||||
2 | State 30 days next preceding this election. | ||||||
3 | ......................... | ||||||
4 | Subscribed and sworn to before me on (insert date). | ||||||
5 | ......................... | ||||||
6 | Judge of Election. | ||||||
7 | The affidavit of any such person shall be supported by the | ||||||
8 | affidavit of a resident and qualified voter of any such | ||||||
9 | precinct and ward, which affidavit shall be in substantially | ||||||
10 | the following form: | ||||||
11 | State of Illinois,)
| ||||||
12 | ) ss.
| ||||||
13 | County of ........)
| ||||||
14 | ........... Precinct ........... Ward | ||||||
15 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
16 | resident of this precinct and ward and entitled to vote at this | ||||||
17 | election; that I am acquainted with .... (name of the | ||||||
18 | applicant); that I verily believe him to be an actual bona fide | ||||||
19 | resident of this precinct and ward and that I verily believe | ||||||
20 | that he or she has maintained a legal residence therein 30 days | ||||||
21 | and in this State 30 days next preceding this election. | ||||||
22 | ......................... | ||||||
23 | Subscribed and sworn to before me on (insert date). | ||||||
24 | ......................... | ||||||
25 | Judge of Election. |
| |||||||
| |||||||
1 | All affidavits made under the provisions of this Section | ||||||
2 | shall be enclosed in a separate envelope securely sealed, and | ||||||
3 | shall be transmitted with the returns of the elections to the | ||||||
4 | county clerk or to the board of election commissioners, who | ||||||
5 | shall preserve the said affidavits for the period of 6 months, | ||||||
6 | during which period such affidavits shall be deemed public | ||||||
7 | records and shall be freely open to examination as such. | ||||||
8 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
9 | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29) | ||||||
10 | Sec. 17-29. (a) No judge of election, pollwatcher, or | ||||||
11 | other person shall, at any primary or election, do any | ||||||
12 | electioneering or soliciting of votes or engage in any | ||||||
13 | political discussion within any polling place, within 100 feet | ||||||
14 | of any polling place, or, at the option of a church or private | ||||||
15 | school, on any of the property of that church or private school | ||||||
16 | that is a polling place; no person shall interrupt, hinder or | ||||||
17 | oppose any voter while approaching within those areas for the | ||||||
18 | purpose of voting. Judges of election shall enforce the | ||||||
19 | provisions of this Section. | ||||||
20 | (b) Election officers shall place 2 or more cones, small | ||||||
21 | United States national flags, or some other marker a distance | ||||||
22 | of 100 horizontal feet from each entrance to the room used by | ||||||
23 | voters to engage in voting, which shall be known as the polling | ||||||
24 | room. If the polling room is located within a building that is |
| |||||||
| |||||||
1 | a private business, a public or private school, or a church or | ||||||
2 | other organization founded for the purpose of religious | ||||||
3 | worship and the distance of 100 horizontal feet ends within | ||||||
4 | the interior of the building, then the markers shall be placed | ||||||
5 | outside of the building at each entrance used by voters to | ||||||
6 | enter that building on the grounds adjacent to the | ||||||
7 | thoroughfare or walkway. If the polling room is located within | ||||||
8 | a public or private building with 2 or more floors and the | ||||||
9 | polling room is located on the ground floor, then the markers | ||||||
10 | shall be placed 100 horizontal feet from each entrance to the | ||||||
11 | polling room used by voters to engage in voting. If the polling | ||||||
12 | room is located in a public or private building with 2 or more | ||||||
13 | floors and the polling room is located on a floor above or | ||||||
14 | below the ground floor, then the markers shall be placed a | ||||||
15 | distance of 100 feet from the nearest elevator or staircase | ||||||
16 | used by voters on the ground floor to access the floor where | ||||||
17 | the polling room is located. The area within where the markers | ||||||
18 | are placed shall be known as a campaign free zone, and | ||||||
19 | electioneering is prohibited pursuant to this subsection. | ||||||
20 | Notwithstanding any other provision of this Section, a church | ||||||
21 | or private school may choose to apply the campaign free zone to | ||||||
22 | its entire property, and, if so, the markers shall be placed | ||||||
23 | near the boundaries on the grounds adjacent to the | ||||||
24 | thoroughfares or walkways leading to the entrances used by the | ||||||
25 | voters. If an election authority maintains a website, no later | ||||||
26 | than 5 days before election day, each election authority shall |
| |||||||
| |||||||
1 | post on its website the name and address of every polling place | ||||||
2 | designated as a campaign free zone. This information shall be | ||||||
3 | immediately provided to any person upon request, and a | ||||||
4 | requester shall not be required to submit a request under the | ||||||
5 | Freedom of Information Act. | ||||||
6 | The area on polling place property beyond the campaign | ||||||
7 | free zone, whether publicly or privately owned, is a public | ||||||
8 | forum for the time that the polls are open on an election day. | ||||||
9 | At the request of election officers any publicly owned | ||||||
10 | building must be made available for use as a polling place. A | ||||||
11 | person shall have the right to congregate and engage in | ||||||
12 | electioneering on any polling place property while the polls | ||||||
13 | are open beyond the campaign free zone, including but not | ||||||
14 | limited to, the placement of temporary signs. This subsection | ||||||
15 | shall be construed liberally in favor of persons engaging in | ||||||
16 | electioneering on all polling place property beyond the | ||||||
17 | campaign free zone for the time that the polls are open on an | ||||||
18 | election day. At or near the door of each polling place, the | ||||||
19 | election judges shall place signage indicating the proper | ||||||
20 | entrance to the polling place. In addition, the election | ||||||
21 | judges shall ensure that a sign identifying the location of | ||||||
22 | the polling place is placed on a nearby public roadway. The | ||||||
23 | State Board of Elections shall establish guidelines for the | ||||||
24 | placement of polling place signage. | ||||||
25 | (c) The regulation of electioneering on polling place | ||||||
26 | property on an election day, including but not limited to the |
| |||||||
| |||||||
1 | placement of temporary signs, is an exclusive power and | ||||||
2 | function of the State. A home rule unit may not regulate | ||||||
3 | electioneering and any ordinance or local law contrary to | ||||||
4 | subsection (c) is declared void. This is a denial and | ||||||
5 | limitation of home rule powers and functions under subsection | ||||||
6 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
7 | (d) As used in this Section, "electioneering" includes, | ||||||
8 | except in the ordinary course of business, the distribution of | ||||||
9 | food or drinks to voters. | ||||||
10 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
11 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) | ||||||
12 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
13 | found upon the register of voters by the person having charge | ||||||
14 | thereof shall (i) present to the judges of election for | ||||||
15 | verification of the person's identity a government-issued | ||||||
16 | photo identification card, as defined in Section 3-8, or his | ||||||
17 | or her Voter Identification Card, (ii) , shall then be | ||||||
18 | questioned by one of the judges as to his nativity, his term of | ||||||
19 | residence at present address, precinct, State and United | ||||||
20 | States, his age, whether naturalized and if so the date of | ||||||
21 | naturalization papers and court from which secured, and (iii) | ||||||
22 | he shall be asked to state his residence when last previously | ||||||
23 | registered and the date of the election for which he then | ||||||
24 | registered. The judges of elections shall check each | ||||||
25 | application for ballot against the list of voters registered |
| |||||||
| |||||||
1 | in that precinct to whom grace period, vote by mail, and early | ||||||
2 | ballots have been issued for that election, which shall be | ||||||
3 | provided by the election authority and which list shall be | ||||||
4 | available for inspection by pollwatchers. A voter applying to | ||||||
5 | vote in the precinct on election day whose name appears on the | ||||||
6 | list as having been issued a grace period, vote by mail, or | ||||||
7 | early ballot shall not be permitted to vote in the precinct, | ||||||
8 | except that a voter to whom a vote by mail ballot was issued | ||||||
9 | may vote in the precinct if the voter submits to the election | ||||||
10 | judges that vote by mail ballot for cancellation. If the voter | ||||||
11 | is unable to submit the vote by mail ballot, it shall be | ||||||
12 | sufficient for the voter to submit to the election judges (i) a | ||||||
13 | portion of the vote by mail ballot if the vote by mail ballot | ||||||
14 | was torn or mutilated or (ii) an affidavit executed before the | ||||||
15 | election judges specifying that (A) the voter never received a | ||||||
16 | vote by mail ballot or (B) the voter completed and returned a | ||||||
17 | vote by mail ballot and was informed that the election | ||||||
18 | authority did not receive that vote by mail ballot. If such | ||||||
19 | person so registered shall be challenged as disqualified, the | ||||||
20 | party challenging shall assign his reasons therefor, and | ||||||
21 | thereupon one of the judges shall administer to him an oath to | ||||||
22 | answer questions, and if he shall take the oath he shall then | ||||||
23 | be questioned by the judge or judges touching such cause of | ||||||
24 | challenge, and touching any other cause of disqualification. | ||||||
25 | And he may also be questioned by the person challenging him in | ||||||
26 | regard to his qualifications and identity. But if a majority |
| |||||||
| |||||||
1 | of the judges are of the opinion that he is the person so | ||||||
2 | registered and a qualified voter, his vote shall then be | ||||||
3 | received accordingly. But if his vote be rejected by such | ||||||
4 | judges, such person may afterward produce and deliver an | ||||||
5 | affidavit to such judges, subscribed and sworn to by him | ||||||
6 | before one of the judges, in which it shall be stated how long | ||||||
7 | he has resided in such precinct, and state; that he is a | ||||||
8 | citizen of the United States, and is a duly qualified voter in | ||||||
9 | such precinct, and that he is the identical person so | ||||||
10 | registered. In addition to such an affidavit, the person so | ||||||
11 | challenged shall provide to the judges of election proof of | ||||||
12 | residence by producing 2 forms of identification showing the | ||||||
13 | person's current residence address, provided that such | ||||||
14 | identification may include a lease or contract for a residence | ||||||
15 | and not more than one piece of mail addressed to the person at | ||||||
16 | his current residence address and postmarked not earlier than | ||||||
17 | 30 days prior to the date of the election, or the person shall | ||||||
18 | procure a witness personally known to the judges of election, | ||||||
19 | and resident in the precinct (or district), or who shall be | ||||||
20 | proved by some legal voter of such precinct or district, known | ||||||
21 | to the judges to be such, who shall take the oath following, | ||||||
22 | viz: | ||||||
23 | I do solemnly swear (or affirm) that I am a resident of | ||||||
24 | this election precinct (or district), and entitled to vote at | ||||||
25 | this election, and that I have been a resident of this State | ||||||
26 | for 30 days last past, and am well acquainted with the person |
| |||||||
| |||||||
1 | whose vote is now offered; that he is an actual and bona fide | ||||||
2 | resident of this election precinct (or district), and has | ||||||
3 | resided herein 30 days, and as I verily believe, in this State, | ||||||
4 | 30 days next preceding this election. | ||||||
5 | The oath in each case may be administered by one of the | ||||||
6 | judges of election, or by any officer, resident in the | ||||||
7 | precinct or district, authorized by law to administer oaths. | ||||||
8 | Also supported by an affidavit by a registered voter residing | ||||||
9 | in such precinct, stating his own residence, and that he knows | ||||||
10 | such person; and that he does reside at the place mentioned and | ||||||
11 | has resided in such precinct and state for the length of time | ||||||
12 | as stated by such person, which shall be subscribed and sworn | ||||||
13 | to in the same way. For purposes of this Section, the | ||||||
14 | submission of a photo identification issued by a college or | ||||||
15 | university, accompanied by either (i) a copy of the | ||||||
16 | applicant's contract or lease for a residence or (ii) one | ||||||
17 | piece of mail addressed to the person at his or her current | ||||||
18 | residence address and postmarked not earlier than 30 days | ||||||
19 | prior to the date of the election, shall be sufficient to | ||||||
20 | establish proof of residence. Whereupon the vote of such | ||||||
21 | person shall be received, and entered as other votes. But such | ||||||
22 | judges, having charge of such registers, shall state in their | ||||||
23 | respective books the facts in such case, and the affidavits, | ||||||
24 | so delivered to the judges, shall be preserved and returned to | ||||||
25 | the office of the commissioners of election. Blank affidavits | ||||||
26 | of the character aforesaid shall be sent out to the judges of |
| |||||||
| |||||||
1 | all the precincts, and the judges of election shall furnish | ||||||
2 | the same on demand and administer the oaths without criticism. | ||||||
3 | Such oaths, if administered by any other officer than such | ||||||
4 | judge of election, shall not be received. Whenever a proposal | ||||||
5 | for a constitutional amendment or for the calling of a | ||||||
6 | constitutional convention is to be voted upon at the election, | ||||||
7 | the separate blue ballot or ballots pertaining thereto shall | ||||||
8 | be placed on top of the other ballots to be voted at the | ||||||
9 | election in such manner that the legend appearing on the back | ||||||
10 | thereof, as prescribed in Section 16-6 of this Act, shall be | ||||||
11 | plainly visible to the voter, and in this fashion the ballots | ||||||
12 | shall be handed to the voter by the judge. | ||||||
13 | Immediately after voting, the voter shall be instructed | ||||||
14 | whether the voting equipment, if used, accepted or rejected | ||||||
15 | the ballot or identified the ballot as under-voted. A voter | ||||||
16 | whose ballot is identified as under-voted for a statewide | ||||||
17 | constitutional office may return to the voting booth and | ||||||
18 | complete the voting of that ballot. A voter whose ballot is not | ||||||
19 | accepted by the voting equipment may, upon surrendering the | ||||||
20 | ballot, request and vote another ballot. The voter's | ||||||
21 | surrendered ballot shall be initialed by the election judge | ||||||
22 | and handled as provided in the appropriate Article governing | ||||||
23 | that voting equipment. | ||||||
24 | The voter shall, upon quitting the voting booth, deliver | ||||||
25 | to one of the judges of election all of the ballots, properly | ||||||
26 | folded, which he received. The judge of election to whom the |
| |||||||
| |||||||
1 | voter delivers his ballots shall not accept the same unless | ||||||
2 | all of the ballots given to the voter are returned by him. If a | ||||||
3 | voter delivers less than all of the ballots given to him, the | ||||||
4 | judge to whom the same are offered shall advise him in a voice | ||||||
5 | clearly audible to the other judges of election that the voter | ||||||
6 | must return the remainder of the ballots. The statement of the | ||||||
7 | judge to the voter shall clearly express the fact that the | ||||||
8 | voter is not required to vote such remaining ballots but that | ||||||
9 | whether or not he votes them he must fold and deliver them to | ||||||
10 | the judge. In making such statement the judge of election | ||||||
11 | shall not indicate by word, gesture or intonation of voice | ||||||
12 | that the unreturned ballots shall be voted in any particular | ||||||
13 | manner. No new voter shall be permitted to enter the voting | ||||||
14 | booth of a voter who has failed to deliver the total number of | ||||||
15 | ballots received by him until such voter has returned to the | ||||||
16 | voting booth pursuant to the judge's request and again quit | ||||||
17 | the booth with all of the ballots required to be returned by | ||||||
18 | him. Upon receipt of all such ballots the judges of election | ||||||
19 | shall enter the name of the voter, and his number, as above | ||||||
20 | provided in this Section, and the judge to whom the ballots are | ||||||
21 | delivered shall immediately put the ballots into the ballot | ||||||
22 | box. If any voter who has failed to deliver all the ballots | ||||||
23 | received by him refuses to return to the voting booth after | ||||||
24 | being advised by the judge of election as herein provided, the | ||||||
25 | judge shall inform the other judges of such refusal, and | ||||||
26 | thereupon the ballot or ballots returned to the judge shall be |
| |||||||
| |||||||
1 | deposited in the ballot box, the voter shall be permitted to | ||||||
2 | depart from the polling place, and a new voter shall be | ||||||
3 | permitted to enter the voting booth. | ||||||
4 | The judge of election who receives the ballot or ballots | ||||||
5 | from the voter shall announce the residence and name of such | ||||||
6 | voter in a loud voice. The judge shall put the ballot or | ||||||
7 | ballots received from the voter into the ballot box in the | ||||||
8 | presence of the voter and the judges of election, and in plain | ||||||
9 | view of the public. The judges having charge of such registers | ||||||
10 | shall then, in a column prepared thereon, in the same line of, | ||||||
11 | the name of the voter, mark "Voted" or the letter "V". | ||||||
12 | No judge of election shall accept from any voter less than | ||||||
13 | the full number of ballots received by such voter without | ||||||
14 | first advising the voter in the manner above provided of the | ||||||
15 | necessity of returning all of the ballots, nor shall any such | ||||||
16 | judge advise such voter in a manner contrary to that which is | ||||||
17 | herein permitted, or in any other manner violate the | ||||||
18 | provisions of this Section; provided, that the acceptance by a | ||||||
19 | judge of election of less than the full number of ballots | ||||||
20 | delivered to a voter who refuses to return to the voting booth | ||||||
21 | after being properly advised by such judge shall not be a | ||||||
22 | violation of this Section. | ||||||
23 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
24 | (10 ILCS 5/18A-5) | ||||||
25 | Sec. 18A-5. Provisional voting; general provisions. |
| |||||||
| |||||||
1 | (a) A person who claims to be a registered voter is | ||||||
2 | entitled to cast a provisional ballot under the following | ||||||
3 | circumstances: | ||||||
4 | (1) The person's name does not appear on the official | ||||||
5 | list of eligible voters for the precinct in which the | ||||||
6 | person seeks to vote and the person has refused an | ||||||
7 | opportunity to register at the polling location or another | ||||||
8 | grace period registration site. The official list is the | ||||||
9 | centralized statewide voter registration list established | ||||||
10 | and maintained in accordance with Section 1A-25; | ||||||
11 | (2) The person's voting status has been challenged by | ||||||
12 | an election judge, a pollwatcher, or any legal voter and | ||||||
13 | that challenge has been sustained by a majority of the | ||||||
14 | election judges; | ||||||
15 | (3) A federal or State court order extends the time | ||||||
16 | for closing the polls beyond the time period established | ||||||
17 | by State law and the person votes during the extended time | ||||||
18 | period; | ||||||
19 | (4) The voter registered to vote by mail and is | ||||||
20 | required by law to present identification when voting | ||||||
21 | either in person , in the case of a voter who registered by | ||||||
22 | mail, when voting or by early voting ballot, but fails to | ||||||
23 | provide an acceptable form of photo identification, as | ||||||
24 | described in Section 3-8, or a Voter Identification Card | ||||||
25 | issued under Section 1-14 do so ; | ||||||
26 | (5) The voter's name appears on the list of voters who |
| |||||||
| |||||||
1 | voted during the early voting period, but the voter claims | ||||||
2 | not to have voted during the early voting period; | ||||||
3 | (6) The voter received a vote by mail ballot but did | ||||||
4 | not return the vote by mail ballot to the election | ||||||
5 | authority; or | ||||||
6 | (7) The voter attempted to register to vote on | ||||||
7 | election day, but failed to provide the necessary | ||||||
8 | documentation. | ||||||
9 | (b) The procedure for obtaining and casting a provisional | ||||||
10 | ballot at the polling place shall be as follows: | ||||||
11 | (1) After first verifying through an examination of | ||||||
12 | the precinct register that the person's address is within | ||||||
13 | the precinct boundaries, an election judge at the polling | ||||||
14 | place shall notify a person who is entitled to cast a | ||||||
15 | provisional ballot pursuant to subsection (a) that he or | ||||||
16 | she may cast a provisional ballot in that election. An | ||||||
17 | election judge must accept any information provided by a | ||||||
18 | person who casts a provisional ballot that the person | ||||||
19 | believes supports his or her claim that he or she is a duly | ||||||
20 | registered voter and qualified to vote in the election. | ||||||
21 | However, if the person's residence address is outside the | ||||||
22 | precinct boundaries, the election judge shall inform the | ||||||
23 | person of that fact, give the person the appropriate | ||||||
24 | telephone number of the election authority in order to | ||||||
25 | locate the polling place assigned to serve that address, | ||||||
26 | and instruct the person to go to the proper polling place |
| |||||||
| |||||||
1 | to vote. | ||||||
2 | (2) The person shall execute a written form provided | ||||||
3 | by the election judge that shall state or contain all of | ||||||
4 | the following that is available: | ||||||
5 | (i) an affidavit stating the following: | ||||||
6 | State of Illinois, County of ................, | ||||||
7 | Township ............., Precinct ........, Ward | ||||||
8 | ........, I, ......................., do solemnly | ||||||
9 | swear (or affirm) that: I am a citizen of the | ||||||
10 | United States; I am 18 years of age or older; I | ||||||
11 | have resided in this State and in this precinct | ||||||
12 | for 30 days preceding this election; I have not | ||||||
13 | voted in this election; I am a duly registered | ||||||
14 | voter in every respect; and I am eligible to vote | ||||||
15 | in this election. Signature ...... Printed Name of | ||||||
16 | Voter ....... Printed Residence Address of Voter | ||||||
17 | ...... City ...... State .... Zip Code ..... | ||||||
18 | Telephone Number ...... Date of Birth ....... and | ||||||
19 | Illinois Driver's License Number ....... or Last 4 | ||||||
20 | digits of Social Security Number ...... or State | ||||||
21 | Identification Card Number issued to you by the | ||||||
22 | Illinois Secretary of State ........ | ||||||
23 | (ii) A box for the election judge to check one of | ||||||
24 | the reasons why the person was given a provisional | ||||||
25 | ballot under subsection (a) of this Section. | ||||||
26 | (iii) An area for the election judge to affix his |
| |||||||
| |||||||
1 | or her signature and to set forth any facts that | ||||||
2 | support or oppose the allegation that the person is | ||||||
3 | not qualified to vote in the precinct in which the | ||||||
4 | person is seeking to vote. | ||||||
5 | The written affidavit form described in this | ||||||
6 | subsection (b)(2) must be printed on a multi-part form | ||||||
7 | prescribed by the county clerk or board of election | ||||||
8 | commissioners, as the case may be. | ||||||
9 | (3) After the person executes the portion of the | ||||||
10 | written affidavit described in subsection (b)(2)(i) of | ||||||
11 | this Section, the election judge shall complete the | ||||||
12 | portion of the written affidavit described in subsection | ||||||
13 | (b)(2)(iii) and (b)(2)(iv). | ||||||
14 | (4) The election judge shall give a copy of the | ||||||
15 | completed written affidavit to the person. The election | ||||||
16 | judge shall place the original written affidavit in a | ||||||
17 | self-adhesive clear plastic packing list envelope that | ||||||
18 | must be attached to a separate envelope marked as a | ||||||
19 | "provisional ballot envelope". The election judge shall | ||||||
20 | also place any information provided by the person who | ||||||
21 | casts a provisional ballot in the clear plastic packing | ||||||
22 | list envelope. Each county clerk or board of election | ||||||
23 | commissioners, as the case may be, must design, obtain or | ||||||
24 | procure self-adhesive clear plastic packing list envelopes | ||||||
25 | and provisional ballot envelopes that are suitable for | ||||||
26 | implementing this subsection (b)(4) of this Section. |
| |||||||
| |||||||
1 | (5) The election judge shall provide the person with a | ||||||
2 | provisional ballot, written instructions for casting a | ||||||
3 | provisional ballot, and the provisional ballot envelope | ||||||
4 | with the clear plastic packing list envelope affixed to | ||||||
5 | it, which contains the person's original written affidavit | ||||||
6 | and, if any, information provided by the provisional voter | ||||||
7 | to support his or her claim that he or she is a duly | ||||||
8 | registered voter. An election judge must also give the | ||||||
9 | person written information that states that any person who | ||||||
10 | casts a provisional ballot shall be able to ascertain, | ||||||
11 | pursuant to guidelines established by the State Board of | ||||||
12 | Elections, whether the provisional vote was counted in the | ||||||
13 | official canvass of votes for that election and, if the | ||||||
14 | provisional vote was not counted, the reason that the vote | ||||||
15 | was not counted. | ||||||
16 | (6) After the person has completed marking his or her | ||||||
17 | provisional ballot, he or she shall place the marked | ||||||
18 | ballot inside of the provisional ballot envelope, close | ||||||
19 | and seal the envelope, and return the envelope to an | ||||||
20 | election judge, who shall then deposit the sealed | ||||||
21 | provisional ballot envelope into a securable container | ||||||
22 | separately identified and utilized for containing sealed | ||||||
23 | provisional ballot envelopes. Ballots that are provisional | ||||||
24 | because they are cast after 7:00 p.m. by court order shall | ||||||
25 | be kept separate from other provisional ballots. Upon the | ||||||
26 | closing of the polls, the securable container shall be |
| |||||||
| |||||||
1 | sealed with filament tape provided for that purpose, which | ||||||
2 | shall be wrapped around the box lengthwise and crosswise, | ||||||
3 | at least twice each way, and each of the election judges | ||||||
4 | shall sign the seal. | ||||||
5 | (c) Instead of the affidavit form described in subsection | ||||||
6 | (b), the county clerk or board of election commissioners, as | ||||||
7 | the case may be, may design and use a multi-part affidavit form | ||||||
8 | that is imprinted upon or attached to the provisional ballot | ||||||
9 | envelope described in subsection (b). If a county clerk or | ||||||
10 | board of election commissioners elects to design and use its | ||||||
11 | own multi-part affidavit form, then the county clerk or board | ||||||
12 | of election commissioners shall establish a mechanism for | ||||||
13 | accepting any information the provisional voter has supplied | ||||||
14 | to the election judge to support his or her claim that he or | ||||||
15 | she is a duly registered voter. In all other respects, a county | ||||||
16 | clerk or board of election commissioners shall establish | ||||||
17 | procedures consistent with subsection (b). | ||||||
18 | (d) The county clerk or board of election commissioners, | ||||||
19 | as the case may be, shall use the completed affidavit form | ||||||
20 | described in subsection (b) to update the person's voter | ||||||
21 | registration information in the State voter registration | ||||||
22 | database and voter registration database of the county clerk | ||||||
23 | or board of election commissioners, as the case may be. If a | ||||||
24 | person is later determined not to be a registered voter based | ||||||
25 | on Section 18A-15 of this Code, then the affidavit shall be | ||||||
26 | processed by the county clerk or board of election |
| |||||||
| |||||||
1 | commissioners, as the case may be, as a voter registration | ||||||
2 | application. | ||||||
3 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
4 | (10 ILCS 5/18A-15) | ||||||
5 | Sec. 18A-15. Validating and counting provisional ballots. | ||||||
6 | (a) The county clerk or board of election commissioners | ||||||
7 | shall complete the validation and counting of provisional | ||||||
8 | ballots within 7 14 calendar days after of the day of the | ||||||
9 | election. The county clerk or board of election commissioners | ||||||
10 | shall have 7 calendar days from the completion of the | ||||||
11 | validation and counting of provisional ballots to conduct its | ||||||
12 | final canvass. The State Board of Elections shall complete | ||||||
13 | within 31 calendar days of the election or sooner if all the | ||||||
14 | returns are received, its final canvass of the vote for all | ||||||
15 | public offices. | ||||||
16 | (b) If a county clerk or board of election commissioners | ||||||
17 | determines that all of the following apply, then a provisional | ||||||
18 | ballot is valid and shall be counted as a vote: | ||||||
19 | (1) the provisional voter cast the provisional ballot | ||||||
20 | in the correct precinct based on the address provided by | ||||||
21 | the provisional voter. The provisional voter's affidavit | ||||||
22 | shall serve as a change of address request by that voter | ||||||
23 | for registration purposes for the next ensuing election if | ||||||
24 | it bears an address different from that in the records of | ||||||
25 | the election authority. Votes for federal and statewide |
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| |||||||
1 | offices on a provisional ballot cast in the incorrect | ||||||
2 | precinct that meet the other requirements of this | ||||||
3 | subsection shall be valid and counted in accordance with | ||||||
4 | this Article. As used in this item, "federal office" is | ||||||
5 | defined as provided in Section 20-1 and "statewide office" | ||||||
6 | means the Governor, Attorney General, Secretary of State, | ||||||
7 | Comptroller, and Treasurer. Votes for General Assembly, | ||||||
8 | countywide, citywide, or township office on a provisional | ||||||
9 | ballot cast in the incorrect precinct but in the correct | ||||||
10 | legislative district, representative district, county, | ||||||
11 | municipality, or township, as the case may be, shall be | ||||||
12 | valid and counted in accordance with this Article. As used | ||||||
13 | in this item, "citywide office" means an office elected by | ||||||
14 | the electors of an entire municipality. As used in this | ||||||
15 | item, "township office" means an office elected by the | ||||||
16 | electors of an entire township; | ||||||
17 | (2) the affidavit executed by the provisional voter | ||||||
18 | pursuant to subsection (b)(2) of Section 18A-5 contains, | ||||||
19 | at a minimum, the provisional voter's first and last name, | ||||||
20 | house number and street name, and signature or mark; | ||||||
21 | (3) except as permitted by item (5) of subsection (b) | ||||||
22 | of this Section, the provisional voter is a registered | ||||||
23 | voter based on information available to the county clerk | ||||||
24 | or board of election commissioners provided by or obtained | ||||||
25 | from any of the following: | ||||||
26 | i. the provisional voter; |
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| |||||||
1 | ii. an election judge; | ||||||
2 | iii. the statewide voter registration database | ||||||
3 | maintained by the State Board of Elections; | ||||||
4 | iv. the records of the county clerk or board of | ||||||
5 | election commissioners' database; or | ||||||
6 | v. the records of the Secretary of State; and | ||||||
7 | (4) for a provisional ballot cast under item (6) of | ||||||
8 | subsection (a) of Section 18A-5, the voter did not vote by | ||||||
9 | mail ballot in the election at which the provisional | ||||||
10 | ballot was cast; or | ||||||
11 | (5) for a provisional ballot cast under item (7) of | ||||||
12 | subsection (a) of Section 18A-5, the voter provides the | ||||||
13 | election authority with the necessary documentation within | ||||||
14 | 7 days of election day. | ||||||
15 | (c) With respect to subsection (b)(3) of this Section, the | ||||||
16 | county clerk or board of election commissioners shall | ||||||
17 | investigate and record whether or not the specified | ||||||
18 | information is available from each of the 5 identified | ||||||
19 | sources. If the information is available from one or more of | ||||||
20 | the identified sources, then the county clerk or board of | ||||||
21 | election commissioners shall seek to obtain the information | ||||||
22 | from each of those sources until satisfied, with information | ||||||
23 | from at least one of those sources, that the provisional voter | ||||||
24 | is registered and entitled to vote. The county clerk or board | ||||||
25 | of election commissioners shall use any information it obtains | ||||||
26 | as the basis for determining the voter registration status of |
| |||||||
| |||||||
1 | the provisional voter. If a conflict exists among the | ||||||
2 | information available to the county clerk or board of election | ||||||
3 | commissioners as to the registration status of the provisional | ||||||
4 | voter, then the county clerk or board of election | ||||||
5 | commissioners shall make a determination based on the totality | ||||||
6 | of the circumstances. In a case where the above information | ||||||
7 | equally supports or opposes the registration status of the | ||||||
8 | voter, the county clerk or board of election commissioners | ||||||
9 | shall decide in favor of the provisional voter as being duly | ||||||
10 | registered to vote. If the statewide voter registration | ||||||
11 | database maintained by the State Board of Elections indicates | ||||||
12 | that the provisional voter is registered to vote, but the | ||||||
13 | county clerk's or board of election commissioners' voter | ||||||
14 | registration database indicates that the provisional voter is | ||||||
15 | not registered to vote, then the information found in the | ||||||
16 | statewide voter registration database shall control the matter | ||||||
17 | and the provisional voter shall be deemed to be registered to | ||||||
18 | vote. If the records of the county clerk or board of election | ||||||
19 | commissioners indicates that the provisional voter is | ||||||
20 | registered to vote, but the statewide voter registration | ||||||
21 | database maintained by the State Board of Elections indicates | ||||||
22 | that the provisional voter is not registered to vote, then the | ||||||
23 | information found in the records of the county clerk or board | ||||||
24 | of election commissioners shall control the matter and the | ||||||
25 | provisional voter shall be deemed to be registered to vote. If | ||||||
26 | the provisional voter's signature on his or her provisional |
| |||||||
| |||||||
1 | ballot request varies from the signature on an otherwise valid | ||||||
2 | registration application solely because of the substitution of | ||||||
3 | initials for the first or middle name, the election authority | ||||||
4 | may not reject the provisional ballot. | ||||||
5 | (d) In validating the registration status of a person | ||||||
6 | casting a provisional ballot, the county clerk or board of | ||||||
7 | election commissioners shall not require a provisional voter | ||||||
8 | to complete any form other than the affidavit executed by the | ||||||
9 | provisional voter under subsection (b)(2) of Section 18A-5. In | ||||||
10 | addition, the county clerk or board of election commissioners | ||||||
11 | shall not require all provisional voters or any particular | ||||||
12 | class or group of provisional voters to appear personally | ||||||
13 | before the county clerk or board of election commissioners or | ||||||
14 | as a matter of policy require provisional voters to submit | ||||||
15 | additional information to verify or otherwise support the | ||||||
16 | information already submitted by the provisional voter. Within | ||||||
17 | 2 calendar days after the election, the election authority | ||||||
18 | shall transmit by electronic means pursuant to a process | ||||||
19 | established by the State Board of Elections the name, street | ||||||
20 | address, e-mail address, and precinct, ward, township, and | ||||||
21 | district numbers, as the case may be, of each person casting a | ||||||
22 | provisional ballot to the State Board of Elections, which | ||||||
23 | shall maintain those names and that information in an | ||||||
24 | electronic format on its website, arranged by county and | ||||||
25 | accessible to State and local political committees. The | ||||||
26 | provisional voter may, within 7 calendar days after the |
| |||||||
| |||||||
1 | election, submit additional information to the county clerk or | ||||||
2 | board of election commissioners , except that in the case of | ||||||
3 | provisional voting under paragraph (4) of subsection (a) of | ||||||
4 | Section 18A-5, the provisional voter has 7 days to provide the | ||||||
5 | county clerk or board of election commissioners with the | ||||||
6 | required photo identification card . This information must be | ||||||
7 | received by the county clerk or board of election | ||||||
8 | commissioners within the applicable 7-calendar-day or | ||||||
9 | 10-calendar-day period. | ||||||
10 | (e) If the county clerk or board of election commissioners | ||||||
11 | determines that subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
12 | apply, then the provisional ballot is not valid and may not be | ||||||
13 | counted. The provisional ballot envelope containing the ballot | ||||||
14 | cast by the provisional voter may not be opened. The county | ||||||
15 | clerk or board of election commissioners shall write on the | ||||||
16 | provisional ballot envelope the following: "Provisional ballot | ||||||
17 | determined invalid.". | ||||||
18 | (f) If the county clerk or board of election commissioners | ||||||
19 | determines that a provisional ballot is valid under this | ||||||
20 | Section, then the provisional ballot envelope shall be opened. | ||||||
21 | The outside of each provisional ballot envelope shall also be | ||||||
22 | marked to identify the precinct and the date of the election. | ||||||
23 | (g) Provisional ballots determined to be valid shall be | ||||||
24 | counted at the election authority's central ballot counting | ||||||
25 | location and shall not be counted in precincts. The | ||||||
26 | provisional ballots determined to be valid shall be added to |
| |||||||
| |||||||
1 | the vote totals for the precincts from which they were cast in | ||||||
2 | the order in which the ballots were opened. The validation and | ||||||
3 | counting of provisional ballots shall be subject to the | ||||||
4 | provisions of this Code that apply to pollwatchers. If the | ||||||
5 | provisional ballots are a ballot of a punch card voting | ||||||
6 | system, then the provisional ballot shall be counted in a | ||||||
7 | manner consistent with Article 24A. If the provisional ballots | ||||||
8 | are a ballot of optical scan or other type of approved | ||||||
9 | electronic voting system, then the provisional ballots shall | ||||||
10 | be counted in a manner consistent with Article 24B. | ||||||
11 | (h) As soon as the ballots have been counted, the election | ||||||
12 | judges or election officials shall, in the presence of the | ||||||
13 | county clerk or board of election commissioners, place each of | ||||||
14 | the following items in a separate envelope or bag: (1) all | ||||||
15 | provisional ballots, voted or spoiled; (2) all provisional | ||||||
16 | ballot envelopes of provisional ballots voted or spoiled; and | ||||||
17 | (3) all executed affidavits of the provisional ballots voted | ||||||
18 | or spoiled. All provisional ballot envelopes for provisional | ||||||
19 | voters who have been determined not to be registered to vote | ||||||
20 | shall remain sealed. The county clerk or board of election | ||||||
21 | commissioners shall treat the provisional ballot envelope | ||||||
22 | containing the written affidavit as a voter registration | ||||||
23 | application for that person for the next election and process | ||||||
24 | that application. The election judges or election officials | ||||||
25 | shall then securely seal each envelope or bag, initial the | ||||||
26 | envelope or bag, and plainly mark on the outside of the |
| |||||||
| |||||||
1 | envelope or bag in ink the precinct in which the provisional | ||||||
2 | ballots were cast. The election judges or election officials | ||||||
3 | shall then place each sealed envelope or bag into a box, secure | ||||||
4 | and seal it in the same manner as described in item (6) of | ||||||
5 | subsection (b) of Section 18A-5. Each election judge or | ||||||
6 | election official shall take and subscribe an oath before the | ||||||
7 | county clerk or board of election commissioners that the | ||||||
8 | election judge or election official securely kept the ballots | ||||||
9 | and papers in the box, did not permit any person to open the | ||||||
10 | box or otherwise touch or tamper with the ballots and papers in | ||||||
11 | the box, and has no knowledge of any other person opening the | ||||||
12 | box. For purposes of this Section, the term "election | ||||||
13 | official" means the county clerk, a member of the board of | ||||||
14 | election commissioners, as the case may be, and their | ||||||
15 | respective employees. | ||||||
16 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
17 | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| ||||||
18 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
19 | Sec. 19-2. Except as otherwise provided in this Code, any | ||||||
20 | elector as defined in Section 19-1 may by mail or | ||||||
21 | electronically on the website of the appropriate election | ||||||
22 | authority, not more than 90 nor less than 30 5 days prior to | ||||||
23 | the date of such election, or by personal delivery not more | ||||||
24 | than 90 nor less than one day prior to the date of such | ||||||
25 | election, make application to the county clerk or to the Board |
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| |||||||
1 | of Election Commissioners for an official ballot for the | ||||||
2 | voter's precinct to be voted at such election. Such a ballot | ||||||
3 | shall be delivered to the elector only upon separate | ||||||
4 | application by the elector for each election. Voters who make | ||||||
5 | an application for permanent vote by mail ballot status shall | ||||||
6 | follow the procedures specified in Section 19-3 and may apply | ||||||
7 | year round. Voters whose application for permanent vote by | ||||||
8 | mail status is accepted by the election authority shall remain | ||||||
9 | on the permanent vote by mail list until the voter requests to | ||||||
10 | be removed from permanent vote by mail status, the voter | ||||||
11 | provides notice to the election authority of a change in | ||||||
12 | registration that affects their registration status, or the | ||||||
13 | election authority receives confirmation that the voter has | ||||||
14 | subsequently registered to vote in another election authority | ||||||
15 | jurisdiction. The URL address at which voters may | ||||||
16 | electronically request a vote by mail ballot shall be fixed no | ||||||
17 | later than 90 calendar days before an election and shall not be | ||||||
18 | changed until after the election. | ||||||
19 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
20 | 102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)
| ||||||
21 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
22 | Sec. 19-3. Application for a vote by mail ballot. | ||||||
23 | (a) The application for a vote by mail ballot for a single | ||||||
24 | election shall be substantially in the following form: | ||||||
25 | APPLICATION FOR VOTE BY MAIL BALLOT |
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| |||||||
1 | To be voted at the .... election in the County of .... and | ||||||
2 | State of Illinois. | ||||||
3 | I state that I am a resident of .... in the municipality of | ||||||
4 | .... in the county of ....; that I have resided at such address | ||||||
5 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
6 | the .... election to be held on ....; that I will not be | ||||||
7 | physically present in that county on the date of that | ||||||
8 | election; and that I wish to vote by mail. | ||||||
9 | I hereby make application for an official ballot or | ||||||
10 | ballots to be voted by me at such election, and I agree that I | ||||||
11 | shall return such ballot or ballots to the official issuing | ||||||
12 | the same prior to the closing of the polls on the date of the | ||||||
13 | election or, if returned by mail, postmarked no later than | ||||||
14 | election day, for counting no later than during the period for | ||||||
15 | counting provisional ballots, the last day of which is the 7th | ||||||
16 | 14th day following election day. | ||||||
17 | I understand that this application is made for an official | ||||||
18 | vote by mail ballot or ballots to be voted by me at the | ||||||
19 | election specified in this application and that I must submit | ||||||
20 | a separate application for an official vote by mail ballot or | ||||||
21 | ballots to be voted by me at any subsequent election. | ||||||
22 | Under penalties as provided by law pursuant to Section | ||||||
23 | 29-10 of the Election Code, the undersigned certifies that the | ||||||
24 | statements set forth in this application are true and correct. | ||||||
25 | .... | ||||||
26 | *fill in either (1), (2) or (3). |
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| |||||||
1 | Post office address to which ballot is mailed: | ||||||
2 | ............... | ||||||
3 | (a-5) The application for a single vote by mail ballot | ||||||
4 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
5 | substantively similar to the application for a vote by mail | ||||||
6 | ballot for a single election and shall include: | ||||||
7 | I swear or affirm that I am a voter with a print | ||||||
8 | disability, and, as a result of this disability, I am | ||||||
9 | making a request to receive a vote by mail ballot | ||||||
10 | electronically so that I may privately and independently | ||||||
11 | mark, verify, and print my vote by mail ballot. | ||||||
12 | (b) (Blank). The application for permanent vote by mail | ||||||
13 | status shall be substantially in the following form: | ||||||
14 | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||||||
15 | I am currently a registered voter and wish to apply for | ||||||
16 | permanent vote by mail status. | ||||||
17 | I state that I am a resident of .... in the municipality of | ||||||
18 | .... in the county of ....; that I have resided at such address | ||||||
19 | for at least 30 days; that I am lawfully entitled to vote at | ||||||
20 | the .... election to be held on ....; and that I wish to vote | ||||||
21 | by mail in: | ||||||
22 | ..... all subsequent elections that do not require a party | ||||||
23 | designation. | ||||||
24 | ..... all subsequent elections, and I wish to receive a | ||||||
25 | ................... Party vote by mail ballot in | ||||||
26 | elections that require a party designation. |
| |||||||
| |||||||
1 | I hereby make application for an official ballot or | ||||||
2 | ballots to be voted by me at such election, and I agree that I | ||||||
3 | shall return such ballot or ballots to the official issuing | ||||||
4 | the same prior to the closing of the polls on the date of the | ||||||
5 | election or, if returned by mail, postmarked no later than | ||||||
6 | election day, for counting no later than during the period for | ||||||
7 | counting provisional ballots, the last day of which is the | ||||||
8 | 14th day following election day. | ||||||
9 | Under penalties as provided by law under Section 29-10 of | ||||||
10 | the Election Code, the undersigned certifies that the | ||||||
11 | statements set forth in this application are true and correct. | ||||||
12 | .... | ||||||
13 | Post office address to which ballot is mailed: | ||||||
14 | |||||||
15 | (b-5) (Blank). The application for permanent vote by mail | ||||||
16 | ballots transmitted electronically pursuant to Section 19-2.6 | ||||||
17 | shall be substantively similar to the application for | ||||||
18 | permanent vote by mail status and shall include: | ||||||
19 | I swear or affirm that I am a voter with a | ||||||
20 | non-temporary print disability, and as a result of this | ||||||
21 | disability, I am making a request to receive vote by mail | ||||||
22 | ballots electronically so that I may privately and | ||||||
23 | independently mark, verify, and print my vote by mail | ||||||
24 | ballots. | ||||||
25 | (c) However, if application is made for a primary election | ||||||
26 | ballot, such application shall require the applicant to |
| |||||||
| |||||||
1 | designate the name of the political party with which the | ||||||
2 | applicant is affiliated. The election authority shall allow | ||||||
3 | any voter on permanent vote by mail status to change his or her | ||||||
4 | party affiliation for a primary election ballot by a method | ||||||
5 | and deadline published and selected by the election authority. | ||||||
6 | (d) If application is made electronically, the applicant | ||||||
7 | shall mark the box associated with the above described | ||||||
8 | statement included as part of the online application | ||||||
9 | certifying that the statements set forth in the application | ||||||
10 | under subsection (a) or (b) are true and correct, and a | ||||||
11 | signature is not required. | ||||||
12 | (e) Any person may produce, reproduce, distribute, or | ||||||
13 | return to an election authority an application under this | ||||||
14 | Section. If applications are sent to a post office box | ||||||
15 | controlled by any individual or organization that is not an | ||||||
16 | election authority, those applications shall (i) include a | ||||||
17 | valid and current phone number for the individual or | ||||||
18 | organization controlling the post office box and (ii) be | ||||||
19 | turned over to the appropriate election authority within 7 | ||||||
20 | days of receipt or, if received within 2 weeks of the election | ||||||
21 | in which an applicant intends to vote, within 2 days of | ||||||
22 | receipt. Failure to turn over the applications in compliance | ||||||
23 | with this paragraph shall constitute a violation of this Code | ||||||
24 | and shall be punishable as a petty offense with a fine of $100 | ||||||
25 | per application. Removing, tampering with, or otherwise | ||||||
26 | knowingly making the postmark on the application unreadable by |
| |||||||
| |||||||
1 | the election authority shall establish a rebuttable | ||||||
2 | presumption of a violation of this paragraph. Upon receipt, | ||||||
3 | the appropriate election authority shall accept and promptly | ||||||
4 | process any application under this Section submitted in a form | ||||||
5 | substantially similar to that required by this Section, | ||||||
6 | including any substantially similar production or reproduction | ||||||
7 | generated by the applicant. | ||||||
8 | (f) (Blank). An election authority may combine the | ||||||
9 | applications in subsections (a) and (b) onto one form, but the | ||||||
10 | distinction between the applications must be clear and the | ||||||
11 | form must provide check boxes for an applicant to indicate | ||||||
12 | whether he or she is applying for a single election vote by | ||||||
13 | mail ballot or for permanent vote by mail status. | ||||||
14 | (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; | ||||||
15 | 103-467, eff. 8-4-23.)
| ||||||
16 | (10 ILCS 5/19-4) (from Ch. 46, par. 19-4) | ||||||
17 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
18 | Immediately upon the receipt of such application either by | ||||||
19 | mail or electronic means, not more than 90 days nor less than | ||||||
20 | 30 5 days prior to such election, or by personal delivery not | ||||||
21 | more than 90 days nor less than one day prior to such election, | ||||||
22 | at the office of such election authority, it shall be the duty | ||||||
23 | of such election authority to examine the records to ascertain | ||||||
24 | whether or not such applicant is lawfully entitled to vote as | ||||||
25 | requested, including a verification of the applicant's |
| |||||||
| |||||||
1 | signature on file with the office of the election authority, | ||||||
2 | and if found so to be entitled to vote, to post within one | ||||||
3 | business day thereafter the name, street address, ward and | ||||||
4 | precinct number or township and district number, as the case | ||||||
5 | may be, of such applicant given on a list, the pages of which | ||||||
6 | are to be numbered consecutively to be kept by such election | ||||||
7 | authority for such purpose in a conspicuous, open and public | ||||||
8 | place accessible to the public at the entrance of the office of | ||||||
9 | such election authority, and in such a manner that such list | ||||||
10 | may be viewed without necessity of requesting permission | ||||||
11 | therefor. Within one day after posting the name and other | ||||||
12 | information of an applicant for a vote by mail ballot, the | ||||||
13 | election authority shall transmit by electronic means pursuant | ||||||
14 | to a process established by the State Board of Elections that | ||||||
15 | name and other posted information to the State Board of | ||||||
16 | Elections, which shall maintain those names and other | ||||||
17 | information in an electronic format on its website, arranged | ||||||
18 | by county and accessible to State and local political | ||||||
19 | committees. Within 2 business days after posting a name and | ||||||
20 | other information on the list within its office, but no sooner | ||||||
21 | than 40 days before an election, the election authority shall | ||||||
22 | mail, postage prepaid, or deliver in person in such office, or | ||||||
23 | deliver via electronic transmission pursuant to Section | ||||||
24 | 19-2.6, an official ballot or ballots if more than one are to | ||||||
25 | be voted at said election. Mail delivery of Temporarily Absent | ||||||
26 | Student ballot applications pursuant to Section 19-12.3 shall |
| |||||||
| |||||||
1 | be by nonforwardable mail. However, for the consolidated | ||||||
2 | election, vote by mail ballots for certain precincts may be | ||||||
3 | delivered to applicants not less than 25 days before the | ||||||
4 | election if so much time is required to have prepared and | ||||||
5 | printed the ballots containing the names of persons nominated | ||||||
6 | for offices at the consolidated primary. The election | ||||||
7 | authority shall enclose with each vote by mail ballot or | ||||||
8 | application written instructions on how voting assistance | ||||||
9 | shall be provided pursuant to Section 17-14 and a document, | ||||||
10 | written and approved by the State Board of Elections, | ||||||
11 | informing the vote by mail voter of the required postage for | ||||||
12 | returning the application and ballot, and enumerating the | ||||||
13 | circumstances under which a person is authorized to vote by | ||||||
14 | vote by mail ballot pursuant to this Article; such document | ||||||
15 | shall also include a statement informing the applicant that if | ||||||
16 | he or she falsifies or is solicited by another to falsify his | ||||||
17 | or her eligibility to cast a vote by mail ballot, such | ||||||
18 | applicant or other is subject to penalties pursuant to Section | ||||||
19 | 29-10 and Section 29-20 of the Election Code. Each election | ||||||
20 | authority shall maintain a list of the name, street address, | ||||||
21 | ward and precinct, or township and district number, as the | ||||||
22 | case may be, of all applicants who have returned vote by mail | ||||||
23 | ballots to such authority, and the name of such vote by mail | ||||||
24 | voter shall be added to such list within one business day from | ||||||
25 | receipt of such ballot. If the vote by mail ballot envelope | ||||||
26 | indicates that the voter was assisted in casting the ballot, |
| |||||||
| |||||||
1 | the name of the person so assisting shall be included on the | ||||||
2 | list. The list, the pages of which are to be numbered | ||||||
3 | consecutively, shall be kept by each election authority in a | ||||||
4 | conspicuous, open, and public place accessible to the public | ||||||
5 | at the entrance of the office of the election authority and in | ||||||
6 | a manner that the list may be viewed without necessity of | ||||||
7 | requesting permission for viewing. | ||||||
8 | Each election authority shall maintain a list for each | ||||||
9 | election of the voters to whom it has issued vote by mail | ||||||
10 | ballots. The list shall be maintained for each precinct within | ||||||
11 | the jurisdiction of the election authority. Prior to the | ||||||
12 | opening of the polls on election day, the election authority | ||||||
13 | shall deliver to the judges of election in each precinct the | ||||||
14 | list of registered voters in that precinct to whom vote by mail | ||||||
15 | ballots have been issued by mail. | ||||||
16 | Each election authority shall maintain a list for each | ||||||
17 | election of voters to whom it has issued temporarily absent | ||||||
18 | student ballots. The list shall be maintained for each | ||||||
19 | election jurisdiction within which such voters temporarily | ||||||
20 | abide. Immediately after the close of the period during which | ||||||
21 | application may be made by mail or electronic means for vote by | ||||||
22 | mail ballots, each election authority shall mail to each other | ||||||
23 | election authority within the State a certified list of all | ||||||
24 | such voters temporarily abiding within the jurisdiction of the | ||||||
25 | other election authority. | ||||||
26 | In the event that the return address of an application for |
| |||||||
| |||||||
1 | ballot by a physically incapacitated elector is that of a | ||||||
2 | facility licensed or certified under the Nursing Home Care | ||||||
3 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
4 | the ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
5 | jurisdiction of the election authority, and the applicant is a | ||||||
6 | registered voter in the precinct in which such facility is | ||||||
7 | located, the ballots shall be prepared and transmitted to a | ||||||
8 | responsible judge of election no later than 9 a.m. on the | ||||||
9 | Friday, Saturday, Sunday, or Monday immediately preceding the | ||||||
10 | election as designated by the election authority under Section | ||||||
11 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
12 | day the ballot to the applicant on the premises of the facility | ||||||
13 | from which application was made. The election authority shall | ||||||
14 | by mail notify the applicant in such facility that the ballot | ||||||
15 | will be delivered by a judge of election on the designated day. | ||||||
16 | All applications for vote by mail ballots shall be | ||||||
17 | available at the office of the election authority for public | ||||||
18 | inspection upon request from the time of receipt thereof by | ||||||
19 | the election authority until 30 days after the election, | ||||||
20 | except during the time such applications are kept in the | ||||||
21 | office of the election authority pursuant to Section 19-7, and | ||||||
22 | except during the time such applications are in the possession | ||||||
23 | of the judges of election. | ||||||
24 | Notwithstanding any provision of this Section to the | ||||||
25 | contrary, pursuant to subsection (a) of Section 30 of the | ||||||
26 | Address Confidentiality for Victims of Domestic Violence, |
| |||||||
| |||||||
1 | Sexual Assault, Human Trafficking, or Stalking Act, neither | ||||||
2 | the name nor the address of a program participant under that | ||||||
3 | Act shall be included in any list of registered voters | ||||||
4 | available to the public, including the lists referenced in | ||||||
5 | this Section. | ||||||
6 | (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22; | ||||||
7 | 102-1126, eff. 2-10-23.)
| ||||||
8 | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6) | ||||||
9 | Sec. 19-6. Such vote by mail voter shall make and | ||||||
10 | subscribe to the certifications provided for in the | ||||||
11 | application and on the return envelope for the ballot, and | ||||||
12 | such ballot or ballots shall be folded by such voter in the | ||||||
13 | manner required to be folded before depositing the same in the | ||||||
14 | ballot box, and be deposited in such envelope and the envelope | ||||||
15 | securely sealed. The voter shall then endorse his certificate | ||||||
16 | upon the back of the envelope and the envelope shall be mailed | ||||||
17 | in person by such voter, postage prepaid, to the election | ||||||
18 | authority issuing the ballot or, if more convenient, it may be | ||||||
19 | delivered in person, by either the voter or by any person | ||||||
20 | authorized by the voter, except as prohibited in Section | ||||||
21 | 29-21, or by a company licensed as a motor carrier of property | ||||||
22 | by the Illinois Commerce Commission under the Illinois | ||||||
23 | Commercial Transportation Law, which is engaged in the | ||||||
24 | business of making deliveries. | ||||||
25 | Election authorities shall accept any vote by mail ballot |
| |||||||
| |||||||
1 | returned, including ballots returned with insufficient or no | ||||||
2 | postage. Election authorities may maintain one or more secure | ||||||
3 | collection sites for the postage-free return of vote by mail | ||||||
4 | ballots. Any election authority with collection sites shall | ||||||
5 | collect all ballots returned each day and process them as | ||||||
6 | required by this Code, including noting the day on which the | ||||||
7 | ballot was collected. Ballots returned to such collection | ||||||
8 | sites after close of business shall be dated as delivered the | ||||||
9 | next day, with the exception of ballots delivered on election | ||||||
10 | day, which shall be dated as received on election day. | ||||||
11 | Election authorities shall permit electors to return vote by | ||||||
12 | mail ballots at any collection site it has established through | ||||||
13 | the close of polls on election day. All collection sites shall | ||||||
14 | be secured by locks that may be opened only by election | ||||||
15 | authority personnel. The State Board of Elections shall | ||||||
16 | establish additional guidelines for the security of collection | ||||||
17 | sites. | ||||||
18 | It shall be unlawful for any person not the voter or a | ||||||
19 | person authorized by the voter to take the ballot and ballot | ||||||
20 | envelope of a voter for deposit into the mail unless the ballot | ||||||
21 | has been issued pursuant to application by a physically | ||||||
22 | incapacitated elector under Section 3-3 or a hospitalized | ||||||
23 | voter under Section 19-13, in which case any employee or | ||||||
24 | person under the direction of the facility in which the | ||||||
25 | elector or voter is located may deposit the ballot and ballot | ||||||
26 | envelope into the mail. If the voter authorized a person to |
| |||||||
| |||||||
1 | deliver the ballot to the election authority, the voter and | ||||||
2 | the person authorized to deliver the ballot shall complete the | ||||||
3 | authorization printed on the exterior envelope supplied by an | ||||||
4 | election authority for the return of the vote by mail ballot. | ||||||
5 | The exterior of the envelope supplied by an election authority | ||||||
6 | for the return of the vote by mail ballot shall include an | ||||||
7 | authorization in substantially the following form:
| ||||||
8 | I ............ (voter) authorize ............... to take | ||||||
9 | the necessary steps to have this ballot delivered promptly to | ||||||
10 | the office of the election authority.
| ||||||
11 | ....................... ........................
| ||||||
12 | Date Signature of voter
| ||||||
13 | ...............................................
| ||||||
14 | Printed Name of Authorized Delivery Agent
| ||||||
15 | ...............................................
| ||||||
16 | Signature of Authorized Delivery Agency
| ||||||
17 | ...............................................
| ||||||
18 | Date Delivered to the Election Authority | ||||||
19 | (Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.)
| ||||||
20 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) |
| |||||||
| |||||||
1 | Sec. 19-8. Time and place of counting ballots. | ||||||
2 | (a) (Blank.) | ||||||
3 | (b) Each vote by mail voter's ballot returned to an | ||||||
4 | election authority, by any means authorized by this Article, | ||||||
5 | and received by that election authority before the closing of | ||||||
6 | the polls on election day shall be endorsed by the receiving | ||||||
7 | election authority with the day and hour of receipt and may be | ||||||
8 | processed by the election authority beginning on the day it is | ||||||
9 | received by the election authority in the central ballot | ||||||
10 | counting location of the election authority, but the results | ||||||
11 | of the processing may not be counted until the day of the | ||||||
12 | election after 7:00 p.m., except as provided in subsections | ||||||
13 | (g) and (g-5). | ||||||
14 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
15 | election authority and postmarked no later than election day, | ||||||
16 | but that is received by the election authority after the polls | ||||||
17 | close on election day and before the close of the period for | ||||||
18 | counting provisional ballots cast at that election, shall be | ||||||
19 | endorsed by the receiving authority with the day and hour of | ||||||
20 | receipt and shall be counted at the central ballot counting | ||||||
21 | location of the election authority during the period for | ||||||
22 | counting provisional ballots. | ||||||
23 | Each vote by mail voter's ballot that is mailed to an | ||||||
24 | election authority absent a postmark or a barcode usable with | ||||||
25 | an intelligent mail barcode tracking system, but that is | ||||||
26 | received by the election authority after the polls close on |
| |||||||
| |||||||
1 | election day and before the close of the period for counting | ||||||
2 | provisional ballots cast at that election, shall be endorsed | ||||||
3 | by the receiving authority with the day and hour of receipt, | ||||||
4 | opened to inspect the date inserted on the certification, and, | ||||||
5 | if the certification date is election day or earlier and the | ||||||
6 | ballot is otherwise found to be valid under the requirements | ||||||
7 | of this Section, counted at the central ballot counting | ||||||
8 | location of the election authority during the period for | ||||||
9 | counting provisional ballots. Absent a date on the | ||||||
10 | certification, the ballot shall not be counted. | ||||||
11 | If an election authority is using an intelligent mail | ||||||
12 | barcode tracking system, a ballot that is mailed to an | ||||||
13 | election authority absent a postmark may be counted if the | ||||||
14 | intelligent mail barcode tracking system verifies the envelope | ||||||
15 | was mailed no later than election day. | ||||||
16 | (d) Special write-in vote by mail voter's blank ballots | ||||||
17 | returned to an election authority, by any means authorized by | ||||||
18 | this Article, and received by the election authority at any | ||||||
19 | time before the closing of the polls on election day shall be | ||||||
20 | endorsed by the receiving election authority with the day and | ||||||
21 | hour of receipt and shall be counted at the central ballot | ||||||
22 | counting location of the election authority during the same | ||||||
23 | period provided for counting vote by mail voters' ballots | ||||||
24 | under subsections (b), (g), and (g-5). Special write-in vote | ||||||
25 | by mail voter's blank ballots that are mailed to an election | ||||||
26 | authority and postmarked no later than election day, but that |
| |||||||
| |||||||
1 | are received by the election authority after the polls close | ||||||
2 | on election day and before the closing of the period for | ||||||
3 | counting provisional ballots cast at that election, shall be | ||||||
4 | endorsed by the receiving authority with the day and hour of | ||||||
5 | receipt and shall be counted at the central ballot counting | ||||||
6 | location of the election authority during the same periods | ||||||
7 | provided for counting vote by mail voters' ballots under | ||||||
8 | subsection (c). | ||||||
9 | (e) Except as otherwise provided in this Section, vote by | ||||||
10 | mail voters' ballots and special write-in vote by mail voter's | ||||||
11 | blank ballots received by the election authority after the | ||||||
12 | closing of the polls on an election day shall be endorsed by | ||||||
13 | the election authority receiving them with the day and hour of | ||||||
14 | receipt and shall be safely kept unopened by the election | ||||||
15 | authority for the period of time required for the preservation | ||||||
16 | of ballots used at the election, and shall then, without being | ||||||
17 | opened, be destroyed in like manner as the used ballots of that | ||||||
18 | election. | ||||||
19 | (f) Counting required under this Section to begin on | ||||||
20 | election day after the closing of the polls shall commence no | ||||||
21 | later than 8:00 p.m. and shall be conducted by a panel or | ||||||
22 | panels of election judges appointed in the manner provided by | ||||||
23 | law. The counting shall continue until all vote by mail | ||||||
24 | voters' ballots and special write-in vote by mail voter's | ||||||
25 | blank ballots required to be counted on election day have been | ||||||
26 | counted. Each vote by mail ballot returned to an election |
| |||||||
| |||||||
1 | authority, except those returned in accordance with the | ||||||
2 | procedures described in Sections 20-2, 20-2.1, 20-2.2, and | ||||||
3 | 20-2.3, shall be counted on or before the 7th day after the | ||||||
4 | election. | ||||||
5 | (g) The procedures set forth in Articles 17 and 18 of this | ||||||
6 | Code shall apply to all ballots counted under this Section. In | ||||||
7 | addition, within 2 days after a vote by mail ballot is | ||||||
8 | received, but in all cases before the close of the period for | ||||||
9 | counting provisional ballots, the election judge or official | ||||||
10 | shall compare the voter's signature on the certification | ||||||
11 | envelope of that vote by mail ballot with the voter's | ||||||
12 | signature on the application verified in accordance with | ||||||
13 | Section 19-4 or the signature of the voter on file in the | ||||||
14 | office of the election authority. If the election judge or | ||||||
15 | official determines that the 2 signatures match, and that the | ||||||
16 | vote by mail voter is otherwise qualified to cast a vote by | ||||||
17 | mail ballot, the election authority shall cast and count the | ||||||
18 | ballot on election day or the day the ballot is determined to | ||||||
19 | be valid, whichever is later, adding the results to the | ||||||
20 | precinct in which the voter is registered. If the election | ||||||
21 | judge or official determines that the signatures do not match, | ||||||
22 | or that the vote by mail voter is not qualified to cast a vote | ||||||
23 | by mail ballot, then without opening the certification | ||||||
24 | envelope, the judge or official shall mark across the face of | ||||||
25 | the certification envelope the word "Rejected" and shall not | ||||||
26 | cast or count the ballot. |
| |||||||
| |||||||
1 | In addition to the voter's signatures not matching, a vote | ||||||
2 | by mail ballot may be rejected by the election judge or | ||||||
3 | official: | ||||||
4 | (1) if the ballot envelope is open or has been opened | ||||||
5 | and resealed; | ||||||
6 | (2) if the voter has already cast an early or grace | ||||||
7 | period ballot; | ||||||
8 | (3) if the voter voted in person on election day or the | ||||||
9 | voter is not a duly registered voter in the precinct; or | ||||||
10 | (4) on any other basis set forth in this Code. | ||||||
11 | If the election judge or official determines that any of | ||||||
12 | these reasons apply, the judge or official shall mark across | ||||||
13 | the face of the certification envelope the word "Rejected" and | ||||||
14 | shall not cast or count the ballot. | ||||||
15 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
16 | judge or official for any reason, the election authority | ||||||
17 | shall, within 2 days after the rejection but in all cases | ||||||
18 | before the close of the period for counting provisional | ||||||
19 | ballots, notify the vote by mail voter that his or her ballot | ||||||
20 | was rejected. The notice shall inform the voter of the reason | ||||||
21 | or reasons the ballot was rejected and shall state that the | ||||||
22 | voter may appear before the election authority, on or before | ||||||
23 | the 7th 14th day after the election, to show cause as to why | ||||||
24 | the ballot should not be rejected. The voter may present | ||||||
25 | evidence to the election authority supporting his or her | ||||||
26 | contention that the ballot should be counted. The election |
| |||||||
| |||||||
1 | authority shall appoint a panel of 3 election judges to review | ||||||
2 | the contested ballot, application, and certification envelope, | ||||||
3 | as well as any evidence submitted by the vote by mail voter. No | ||||||
4 | more than 2 election judges on the reviewing panel shall be of | ||||||
5 | the same political party. The reviewing panel of election | ||||||
6 | judges shall make a final determination as to the validity of | ||||||
7 | the contested vote by mail ballot. The judges' determination | ||||||
8 | shall not be reviewable either administratively or judicially. | ||||||
9 | A vote by mail ballot subject to this subsection that is | ||||||
10 | determined to be valid shall be counted before the close of the | ||||||
11 | period for counting provisional ballots. | ||||||
12 | If a vote by mail ballot is rejected for any reason, the | ||||||
13 | election authority shall, within one day after the rejection, | ||||||
14 | transmit to the State Board of Elections by electronic means | ||||||
15 | the voter's name, street address, email address and precinct, | ||||||
16 | ward, township, and district numbers, as the case may be. If a | ||||||
17 | rejected vote by mail ballot is determined to be valid, the | ||||||
18 | election authority shall, within one day after the | ||||||
19 | determination, remove the name of the voter from the list | ||||||
20 | transmitted to the State Board of Elections. The State Board | ||||||
21 | of Elections shall maintain the names and information in an | ||||||
22 | electronic format on its website accessible to State and local | ||||||
23 | political committees. | ||||||
24 | Upon request by the State or local political committee, | ||||||
25 | each election authority shall, within one day after the | ||||||
26 | request, provide the following information about all rejected |
| |||||||
| |||||||
1 | vote by mail ballots: voter's name, street address, email | ||||||
2 | address and precinct, ward, township, and district numbers, as | ||||||
3 | the case may be. | ||||||
4 | (g-10) All vote by mail ballots determined to be valid | ||||||
5 | shall be added to the vote totals for the precincts for which | ||||||
6 | they were cast in the order in which the ballots were opened. | ||||||
7 | (h) Each political party, candidate, and qualified civic | ||||||
8 | organization shall be entitled to have present one pollwatcher | ||||||
9 | for each panel of election judges therein assigned. | ||||||
10 | (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.)
| ||||||
11 | (10 ILCS 5/19A-15) | ||||||
12 | Sec. 19A-15. Period for early voting; hours. | ||||||
13 | (a) Except as otherwise provided in this Code, the period | ||||||
14 | for early voting by personal appearance begins the 14th 40th | ||||||
15 | day preceding a general primary, consolidated primary, | ||||||
16 | consolidated, or general election and extends through the end | ||||||
17 | of the day before election day. | ||||||
18 | (b) Except as otherwise provided by this Section, a | ||||||
19 | permanent polling place for early voting must remain open | ||||||
20 | beginning the 14th 15th day before an election through the end | ||||||
21 | of the day before election day during the hours of 8:30 a.m. to | ||||||
22 | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that | ||||||
23 | beginning 8 days before election day, a permanent polling | ||||||
24 | place for early voting must remain open during the hours of | ||||||
25 | 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 |
| |||||||
| |||||||
1 | a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 a.m. to | ||||||
2 | 4 p.m. on Sundays; except that, in addition to the hours | ||||||
3 | required by this subsection, a permanent polling place | ||||||
4 | designated by an election authority under subsections (c), | ||||||
5 | (d), and (e) of Section 19A-10 must remain open for a total of | ||||||
6 | at least 8 hours on any holiday during the early voting period | ||||||
7 | and a total of at least 14 hours on the final weekend during | ||||||
8 | the early voting period. | ||||||
9 | (c) Notwithstanding subsection (b), an election authority | ||||||
10 | may close an early voting polling place if the building in | ||||||
11 | which the polling place is located has been closed by the State | ||||||
12 | or unit of local government in response to a severe weather | ||||||
13 | emergency or other force majeure. The election authority shall | ||||||
14 | notify the State Board of Elections of any closure and shall | ||||||
15 | make reasonable efforts to provide notice to the public of an | ||||||
16 | alternative location for early voting. | ||||||
17 | (d) (Blank). | ||||||
18 | (Source: P.A. 102-15, eff. 6-17-21.)
| ||||||
19 | (10 ILCS 5/19A-35) | ||||||
20 | Sec. 19A-35. Procedure for voting. | ||||||
21 | (a) Not more than 23 days before the start of the election, | ||||||
22 | the county clerk shall make available to the election official | ||||||
23 | conducting early voting by personal appearance a sufficient | ||||||
24 | number of early ballots, envelopes, and printed voting | ||||||
25 | instruction slips for the use of early voters. The election |
| |||||||
| |||||||
1 | official shall receipt for all ballots received and shall | ||||||
2 | return unused or spoiled ballots at the close of the early | ||||||
3 | voting period to the county clerk and must strictly account | ||||||
4 | for all ballots received. The ballots delivered to the | ||||||
5 | election official must include early ballots for each precinct | ||||||
6 | in the election authority's jurisdiction and must include | ||||||
7 | separate ballots for each political subdivision conducting an | ||||||
8 | election of officers or a referendum at that election. | ||||||
9 | (b) In conducting early voting under this Article, the | ||||||
10 | election judge or official is required to verify the signature | ||||||
11 | of the early voter by comparison with the signature on the | ||||||
12 | official registration card, and the judge or official must | ||||||
13 | verify (i) that the applicant is a registered voter, (ii) the | ||||||
14 | precinct in which the applicant is registered, and (iii) the | ||||||
15 | proper ballots of the political subdivision in which the | ||||||
16 | applicant resides and is entitled to vote , and (iv) the | ||||||
17 | applicant's identity, which must be verified by the | ||||||
18 | applicant's presentation of a government-issued photo | ||||||
19 | identification card, as defined in Section 3-8, or his or her | ||||||
20 | Voter Identification Card, before providing an early ballot to | ||||||
21 | the applicant. The election judge or official must verify the | ||||||
22 | applicant's registration from the most recent poll list | ||||||
23 | provided by the election authority, and if the applicant is | ||||||
24 | not listed on that poll list, by telephoning the office of the | ||||||
25 | election authority. | ||||||
26 | (b-5) A person requesting an early voting ballot to whom a |
| |||||||
| |||||||
1 | vote by mail ballot was issued may vote early if the person | ||||||
2 | submits that vote by mail ballot to the judges of election or | ||||||
3 | official conducting early voting for cancellation. If the | ||||||
4 | voter is unable to submit the vote by mail ballot, it shall be | ||||||
5 | sufficient for the voter to submit to the judges or official | ||||||
6 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
7 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
8 | before the judges or official specifying that (A) the voter | ||||||
9 | never received a vote by mail ballot or (B) the voter completed | ||||||
10 | and returned a vote by mail ballot and was informed that the | ||||||
11 | election authority did not receive that vote by mail ballot. | ||||||
12 | (b-10) Within one day after a voter casts an early voting | ||||||
13 | ballot, the election authority shall transmit the voter's | ||||||
14 | name, street address, and precinct, ward, township, and | ||||||
15 | district numbers, as the case may be, to the State Board of | ||||||
16 | Elections, which shall maintain those names and that | ||||||
17 | information in an electronic format on its website, arranged | ||||||
18 | by county and accessible to State and local political | ||||||
19 | committees. | ||||||
20 | (b-15) Immediately after voting an early ballot, the voter | ||||||
21 | shall be instructed whether the voting equipment accepted or | ||||||
22 | rejected the ballot or identified that ballot as under-voted | ||||||
23 | for a statewide constitutional office. A voter whose ballot is | ||||||
24 | identified as under-voted may return to the voting booth and | ||||||
25 | complete the voting of that ballot. A voter whose early voting | ||||||
26 | ballot is not accepted by the voting equipment may, upon |
| |||||||
| |||||||
1 | surrendering the ballot, request and vote another early voting | ||||||
2 | ballot. The voter's surrendered ballot shall be initialed by | ||||||
3 | the election judge or official conducting the early voting and | ||||||
4 | handled as provided in the appropriate Article governing the | ||||||
5 | voting equipment used. | ||||||
6 | (c) The sealed early ballots in their carrier envelope | ||||||
7 | shall be delivered by the election authority to the central | ||||||
8 | ballot counting location before the close of the polls on the | ||||||
9 | day of the election. | ||||||
10 | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| ||||||
11 | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2) | ||||||
12 | Sec. 20-2. Any member of the United States Service, | ||||||
13 | otherwise qualified to vote, who expects in the course of his | ||||||
14 | duties to be absent from the county in which he resides on the | ||||||
15 | day of holding any election may make application for a vote by | ||||||
16 | mail ballot to the election authority having jurisdiction over | ||||||
17 | his precinct of residence on the official postcard or on a form | ||||||
18 | furnished by the election authority as prescribed by Section | ||||||
19 | 20-3 of this Article not less than 10 days before the election. | ||||||
20 | A request pursuant to this Section shall entitle the applicant | ||||||
21 | to a vote by mail ballot for every election in one calendar | ||||||
22 | year. The original application for ballot shall be kept in the | ||||||
23 | office of the election authority for one year as authorization | ||||||
24 | to send a ballot to the voter for each election to be held | ||||||
25 | within that calendar year. A certified copy of such |
| |||||||
| |||||||
1 | application for ballot shall be sent each election with the | ||||||
2 | vote by mail ballot to the election authority's central ballot | ||||||
3 | counting location to be used in lieu of the original | ||||||
4 | application for ballot. No registration shall be required in | ||||||
5 | order to vote pursuant to this Section. | ||||||
6 | Ballots under this Section shall be mailed by the election | ||||||
7 | authority in the manner prescribed by Section 20-5 of this | ||||||
8 | Article and not otherwise. Ballots voted under this Section | ||||||
9 | must be returned postmarked no later than election day and | ||||||
10 | received for counting at the central ballot counting location | ||||||
11 | of the election authority on or before during the period for | ||||||
12 | counting provisional ballots, the last day of which is the | ||||||
13 | 14th day following election day. | ||||||
14 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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15 | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1) | ||||||
16 | Sec. 20-2.1. Citizens of the United States temporarily | ||||||
17 | residing outside the territorial limits of the United States | ||||||
18 | who are not registered but otherwise qualified to vote and who | ||||||
19 | expect to be absent from their county of residence during the | ||||||
20 | periods of voter registration provided for in Articles 4, 5 or | ||||||
21 | 6 of this Code and on the day of holding any election, may make | ||||||
22 | simultaneous application to the election authority having | ||||||
23 | jurisdiction over their precinct of residence for registration | ||||||
24 | by mail and vote by mail ballot not less than 30 days before | ||||||
25 | the election. Such application may be made on the official |
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1 | postcard or on a form furnished by the election authority as | ||||||
2 | prescribed by Section 20-3 of this Article or by facsimile or | ||||||
3 | electronic transmission. A request pursuant to this Section | ||||||
4 | shall entitle the applicant to a vote by mail ballot for every | ||||||
5 | election in one calendar year. The original application for | ||||||
6 | ballot shall be kept in the office of the election authority | ||||||
7 | for one year as authorization to send a ballot to the voter for | ||||||
8 | each election to be held within that calendar year. A | ||||||
9 | certified copy of such application for ballot shall be sent | ||||||
10 | each election with the vote by mail ballot to the election | ||||||
11 | authority's central ballot counting location to be used in | ||||||
12 | lieu of the original application for ballot. | ||||||
13 | Registration shall be required in order to vote pursuant | ||||||
14 | to this Section. However, if the election authority receives | ||||||
15 | one of such applications after 30 days but not less than 10 | ||||||
16 | days before a Federal election, said applicant shall be sent a | ||||||
17 | ballot containing the Federal offices only and registration | ||||||
18 | for that election shall be waived. | ||||||
19 | Ballots under this Section shall be delivered by the | ||||||
20 | election authority in the manner prescribed by Section 20-5 of | ||||||
21 | this Article in person, by mail, or, if requested by the | ||||||
22 | applicant and the election authority has the capability, by | ||||||
23 | facsimile transmission or by electronic transmission. | ||||||
24 | Ballots voted under this Section must be returned | ||||||
25 | postmarked no later than election day and received for | ||||||
26 | counting at the central ballot counting location of the |
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1 | election authority on or before during the period for counting | ||||||
2 | provisional ballots, the last day of which is the 14th day | ||||||
3 | following election day. | ||||||
4 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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5 | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2) | ||||||
6 | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||||||
7 | qualified to vote, may make application to the election | ||||||
8 | authority having jurisdiction over his precinct of former | ||||||
9 | residence for a vote by mail ballot containing the Federal | ||||||
10 | offices only not less than 10 days before a Federal election. | ||||||
11 | Such application may be made on the official postcard or by | ||||||
12 | facsimile or electronic transmission. A request pursuant to | ||||||
13 | this Section shall entitle the applicant to a vote by mail | ||||||
14 | ballot for every election in one calendar year at which | ||||||
15 | Federal offices are filled. The original application for | ||||||
16 | ballot shall be kept in the office of the election authority | ||||||
17 | for one year as authorization to send a ballot to the voter for | ||||||
18 | each election to be held within that calendar year at which | ||||||
19 | Federal offices are filled. A certified copy of such | ||||||
20 | application for ballot shall be sent each election with the | ||||||
21 | vote by mail ballot to the election authority's central ballot | ||||||
22 | counting location to be used in lieu of the original | ||||||
23 | application for ballot. No registration shall be required in | ||||||
24 | order to vote pursuant to this Section. Ballots under this | ||||||
25 | Section shall be delivered by the election authority in the |
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1 | manner prescribed by Section 20-5 of this Article in person, | ||||||
2 | by mail, or, if requested by the applicant and the election | ||||||
3 | authority has the capability, by facsimile transmission or by | ||||||
4 | electronic transmission. Ballots voted under this Section must | ||||||
5 | be returned postmarked no later than election day and received | ||||||
6 | for counting at the central ballot counting location of the | ||||||
7 | election authority on or before during the period for counting | ||||||
8 | provisional ballots, the last day of which is the 14th day | ||||||
9 | following election day. | ||||||
10 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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11 | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3) | ||||||
12 | Sec. 20-2.3. Members of the Armed Forces and their spouses | ||||||
13 | and dependents. Any member of the United States Armed Forces | ||||||
14 | while on active duty, and his or her spouse and dependents, | ||||||
15 | otherwise qualified to vote, who expects in the course of his | ||||||
16 | or her duties to be absent from the county in which he or she | ||||||
17 | resides on the day of holding any election, in addition to any | ||||||
18 | other method of making application for vote by mail ballot | ||||||
19 | under this Article, may make application for a vote by mail | ||||||
20 | ballot to the election authority having jurisdiction over his | ||||||
21 | or her precinct of residence by a facsimile machine or | ||||||
22 | electronic transmission not less than 10 days before the | ||||||
23 | election. | ||||||
24 | Ballots under this Section shall be delivered by the | ||||||
25 | election authority in the manner prescribed by Section 20-5 of |
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1 | this Article in person, by mail, or, if requested by the | ||||||
2 | applicant and the election authority has the capability, by | ||||||
3 | facsimile transmission or by electronic transmission. Ballots | ||||||
4 | voted under this Section must be returned postmarked no later | ||||||
5 | than election day and received for counting at the central | ||||||
6 | ballot counting location of the election authority on or | ||||||
7 | before during the period for counting provisional ballots, the | ||||||
8 | last day of which is the 14th day following election day. | ||||||
9 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 | (10 ILCS 5/29-21 new) | ||||||
11 | Sec. 29-21. Ballot harvesting. | ||||||
12 | (a) Any person who, during an early voting period, gathers | ||||||
13 | on behalf of another and submits to an election authority more | ||||||
14 | than 3 vote by mail ballots shall be guilty of a Class 4 | ||||||
15 | felony. This Section does not apply to a person acting on | ||||||
16 | behalf of the U.S. Postal Service or a company licensed as a | ||||||
17 | motor carrier of property by the Illinois Commerce Commission | ||||||
18 | under the Illinois Commercial Transportation Law. | ||||||
19 | (b) Any person who is convicted of violating this Section | ||||||
20 | shall be ineligible for public employment for a period of 5 | ||||||
21 | years immediately following the completion of his sentence. | ||||||
22 | For the purpose of this subsection, "public employment" means | ||||||
23 | any elected or appointed office created by the Constitution or | ||||||
24 | laws of this State or by any ordinance of a unit of local | ||||||
25 | government. "Public employment" also includes any position as |
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1 | an employee of this State, a unit of local government, or a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | school district.
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3 | (10 ILCS 5/19-2.5 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 10. The Election Code is amended by repealing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 19-2.5. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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