Bill Text: IL SB1685 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Election Code. Provides that the State Board of Elections shall assist the local election authorities in implementing a system in order to issue voter registration identification cards with a photograph of the elector. Provides that a person desiring to vote shall present a valid and current photograph identification. Provides that a person who fails to present the required identification is entitled to cast a provisional ballot. Provides that the State Board of Elections shall establish an aggressive voter education program concerning the provisions in this Act. Effective July 1, 2013.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1685 Detail]

Download: Illinois-2013-SB1685-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1685 Introduced 2/15/2013, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED:
10 ILCS 5/1A-45 new
10 ILCS 5/4-15 from Ch. 46, par. 4-15
10 ILCS 5/4-35 new
10 ILCS 5/5-21 from Ch. 46, par. 5-21
10 ILCS 5/5-45 new
10 ILCS 5/6-57 from Ch. 46, par. 6-57
10 ILCS 5/6-85 new
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
Amends the Election Code. Provides that the State Board of Elections shall assist the local election authorities in implementing a system in order to issue voter registration identification cards with a photograph of the elector. Provides that a person desiring to vote shall present a valid and current photograph identification. Provides that a person who fails to present the required identification is entitled to cast a provisional ballot. Provides that the State Board of Elections shall establish an aggressive voter education program concerning the provisions in this Act. Effective July 1, 2013.
LRB098 07749 HLH 37828 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
SB1685 LRB098 07749 HLH 37828 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 4-15, 5-21, 6-57, 17-9, 18-5, 18A-5, and 18A-15 and by
adding Sections 1A-45, 4-35, 5-45, and 6-85 as follows:
(10 ILCS 5/1A-45 new)
Sec. 1A-45. Voter education program. The State Board of
Elections must establish an aggressive voter education program
concerning the provisions contained in this amendatory Act of
the 98th General Assembly. The State Board of Elections must
educate the public as follows:
(1) Post information concerning changes contained in
this amendatory Act of the 98th General Assembly in a
conspicuous location at the offices of each election
authority and the State Board of Elections and their
respective websites.
(2) Train election judges at their mandatory training
sessions to answer questions by electors concerning the
changes made by this amendatory Act of the 98th General
Assembly.
(3) Require documentation describing the changes made
by this amendatory Act of the 98th General Assembly to be

SB1685 - 2 - LRB098 07749 HLH 37828 b
disseminated by election judges at every election.
(4) Coordinate with each local election authority so
that at least 2 seminars are conducted in each county and
each municipality operating under Article 6 of this Act
prior to September 15, 2012.
(5) Coordinate with local and service organizations to
provide for additional informational seminars at a local or
statewide level.
(6) Place an advertisement describing the changes made
by this amendatory Act of the 98th General Assembly in
Illinois newspapers of general circulation by no later than
September 15, 2012.
(7) Coordinate with local media outlets to disseminate
information concerning the changes made by this amendatory
Act of the 98th General Assembly.
(8) Notify each registered elector who does not have an
Illinois issued driver's license or identification card of
the provisions of this amendatory Act of the 98th General
Assembly by no later than September 1, 2012. This notice
must include the requirements to vote absentee, early, or
on election day and a description of voting by provisional
ballot. It also must state the availability of a free
Illinois identification card pursuant to Section 12 of the
Illinois Identification Card Act.
In addition to the items above, the State Board of
Elections may implement additional educational programs in its

SB1685 - 3 - LRB098 07749 HLH 37828 b
discretion.
(10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
Sec. 4-15. Within 5 days after a person registers or
transfers his registration at the office of the county clerk,
such clerk shall send by mail a certificate to such person
setting forth the elector's name and address as it appears upon
the registration record card, and shall request him in case of
any error to present the certificate on or before the 7th day
next ensuing at the office of the county clerk in order to
secure correction of the error. The certificate shall contain
on the outside a request for the postmaster to return it within
5 days if it cannot be delivered to the addressee at the
address given thereon. Upon the return by the post office of a
certificate which it has been unable to deliver at the given
address because the addressee cannot be found there or because
no such address exists, a notice shall be at once sent through
the United States mail to such person at the address appearing
upon his registration record card requiring him to appear
before the county clerk, within 5 days, to answer questions
touching his right to register. If the person notified fails to
appear at the county clerk's office within 5 days as directed
or if he appears and fails to prove his right to register, the
county clerk shall mark his registration card as incomplete and
he shall not be permitted to vote until his registration is
satisfactorily completed.

SB1685 - 4 - LRB098 07749 HLH 37828 b
If an elector possesses such a certificate valid on its
face, if his name does not expressly appear to have been erased
or withdrawn from the precinct list as corrected and revised as
provided by Section 4-11 of this Article, if he makes an
affidavit and attaches such certificate thereto, and if such
affidavit substantially in the form prescribed in Section 17-10
of this Act is sworn to before a judge of election on suitable
forms provided by the county clerk for that purpose, such
elector shall be permitted to vote even though his duplicate
registration card is not to be found in the precinct binder and
even though his name is not to be found upon the printed or any
other list.
If an elector loses or defaces the certificate, the elector
may obtain a duplicate certificate from the county clerk upon
request in person, or by telephone or mail.
(Source: Laws 1961, p. 3394.)
(10 ILCS 5/4-35 new)
Sec. 4-35. Voter registration identification cards. The
State Board of Elections shall assist the county clerk in
implementing a system in order to issue voter registration
identification cards with a photograph of the elector. This
voter registration identification card may be used for voting
purposes only. This voter registration identification card
shall be provided free of charge.

SB1685 - 5 - LRB098 07749 HLH 37828 b
(10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
Sec. 5-21. To each person who registers at the office of
the county, city, village, incorporated town or town clerk, or
any place designated by the Board of County Commissioners under
section 5-17 of article 5 and within five days thereafter, the
County Clerk shall send by mail a notice setting forth the
elector's name and address as it appears on the registration
record card, and shall request him in case of any error to
present the notice on or before the seventh day next ensuing at
the office of the County Clerk in order to secure the
correction of the error. Such notice shall contain on the
outside a request for the postmaster to return it within five
days if it cannot be delivered to the addressee at the address
given thereon. Upon the return by the post office of such
notice which it has been unable to deliver at the given address
because the addressee cannot be found there, a notice shall be
at once sent through the United States mail to such person at
the address appearing upon his registration record card
requiring him to appear before the County Clerk, within five
days, to answer questions touching his right to register. If
the person notified fails to appear at the County Clerk's
office within five days as directed or if he appears and fails
to prove his right to register, the County Clerk shall cancel
his registration.
If an elector loses or defaces the notice, the elector may
obtain a duplicate notice from the County Clerk upon request in

SB1685 - 6 - LRB098 07749 HLH 37828 b
person, or by telephone or mail.
(Source: P.A. 80-1469.)
(10 ILCS 5/5-45 new)
Sec. 5-45. Voter registration identification cards. The
State Board of Elections shall assist the county clerk in
implementing a system in order to issue voter registration
identification cards with a photograph of the elector. This
voter registration identification card may be used for voting
purposes only. This voter registration identification card
shall be provided free of charge.
(10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
Sec. 6-57. To each person who registers at the office of
the board of election commissioners or at any place designated
by such board under Section 6-51 of this Article, after the
first registration under this Article, the board shall send by
mail a notice setting forth the elector's name and address as
it appears on the registration record card, and shall request
him in case of any error to present the notice on or before the
tenth day next ensuing at the office of the Board of Election
Commissioners in order to secure the correction of the error.
Such notice shall contain on the outside a request for the
postmaster to return it within five days if it cannot be
delivered to the addressee at the address given thereon. Upon
the return by the post office of any such notice which it has

SB1685 - 7 - LRB098 07749 HLH 37828 b
been unable to deliver at the given address because the
addressee cannot be found there, a notice shall be at once sent
through the United States mail to such person at the address
appearing upon his registration record card requiring him to
appear before the Board of Election Commissioners at a time and
place specified in the notice and show cause why his name
should not be cancelled from the register. Thereafter,
proceedings shall be, as nearly as may be, in conformity with
those established by Section 6-52 of this Article with respect
to applications to complete registration. Such notice may be
sent at any time within thirty days after the registration of
any person, but such notice shall be sent within five days
after the last day of registration before any election, to all
persons who have registered since the last preceding election,
and to whom no such notice has theretofore been sent; and where
the addressee cannot be found, notice requiring such person to
appear before the board of election commissioners shall specify
dates for hearing before the election not later than those
prescribed by Section 6-45 of this Article.
If an elector loses or defaces the notice, the elector may
obtain a duplicate notice from the Board of Election
Commissioners upon request in person, or by telephone or mail.
(Source: Laws 1951, p. 1795.)
(10 ILCS 5/6-85 new)
Sec. 6-85. Voter registration identification cards. The

SB1685 - 8 - LRB098 07749 HLH 37828 b
State Board of Elections shall assist the board of election
commissioners in implementing a system in order to issue voter
registration identification cards with a photograph of the
elector. This voter registration identification card may be
used for voting purposes only. This voter registration
identification card shall be provided free of charge.
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote shall
(1) produce a valid and current:
(A) Illinois driver's license;
(B) other form of identification containing a
photograph issued by the Secretary of State;
(C) passport;
(D) military identification containing a
photograph issued by the federal government; or
(E) Illinois voter registration identification
card containing a photograph issued pursuant to
Section 4-35, 5-45, or 6-85; and
(2) give his name and, if required to do so, his
residence to the judges of election, one of whom shall
thereupon announce the same in a loud and distinct tone of
voice, clear, and audible. ;
The judges of elections shall compare the photograph contained
on the required identification with the person seeking to vote.
The judge shall verify that the photograph is that of the

SB1685 - 9 - LRB098 07749 HLH 37828 b
person seeking to vote. The the judges of elections shall check
each application for ballot against the list of voters
registered in that precinct to whom grace period, absentee, or
early ballots have been issued for that election, which shall
be provided by the election authority and which list shall be
available for inspection by pollwatchers. A voter applying to
vote in the precinct on election day whose name appears on the
list as having been issued a grace period, absentee, or early
ballot shall not be permitted to vote in the precinct, except
that a voter to whom an absentee ballot was issued may vote in
the precinct if the voter submits to the election judges that
absentee ballot for cancellation. If the voter is unable to
submit the absentee ballot, it shall be sufficient for the
voter to submit to the election judges (i) a portion of the
absentee ballot if the absentee ballot was torn or mutilated or
(ii) an affidavit executed before the election judges
specifying that (A) the voter never received an absentee ballot
or (B) the voter completed and returned an absentee ballot and
was informed that the election authority did not receive that
absentee ballot. All applicable provisions of Articles 4, 5 or
6 shall be complied with and if such name is found on the
register of voters by the officer having charge thereof, he
shall likewise repeat said name, and the voter shall be allowed
to enter within the proximity of the voting booths, as above
provided. One of the judges shall give the voter one, and only
one of each ballot to be voted at the election, on the back of

SB1685 - 10 - LRB098 07749 HLH 37828 b
which ballots such judge shall indorse his initials in such
manner that they may be seen when each such ballot is properly
folded, and the voter's name shall be immediately checked on
the register list. In those election jurisdictions where
perforated ballot cards are utilized of the type on which
write-in votes can be cast above the perforation, the election
authority shall provide a space both above and below the
perforation for the judge's initials, and the judge shall
endorse his or her initials in both spaces. Whenever a proposal
for a constitutional amendment or for the calling of a
constitutional convention is to be voted upon at the election,
the separate blue ballot or ballots pertaining thereto shall,
when being handed to the voter, be placed on top of the other
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter. At all
elections, when a registry may be required, if the name of any
person so desiring to vote at such election is not found on the
register of voters, he or she shall not receive a ballot until
he or she shall have complied with the law prescribing the
manner and conditions of voting by unregistered voters. If any
person desiring to vote at any election shall be challenged, he
or she shall not receive a ballot until he or she shall have
established his right to vote in the manner provided
hereinafter; and if he or she shall be challenged after he has
received his ballot, he shall not be permitted to vote until he

SB1685 - 11 - LRB098 07749 HLH 37828 b
or she has fully complied with such requirements of the law
upon being challenged. Besides the election officer, not more
than 2 voters in excess of the whole number of voting booths
provided shall be allowed within the proximity of the voting
booths at one time. The provisions of this Act, so far as they
require the registration of voters as a condition to their
being allowed to vote shall not apply to persons otherwise
entitled to vote, who are, at the time of the election, or at
any time within 60 days prior to such election have been
engaged in the military or naval service of the United States,
and who appear personally at the polling place on election day
and produce to the judges of election satisfactory evidence
thereof, but such persons, if otherwise qualified to vote,
shall be permitted to vote at such election without previous
registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
State of Illinois,)
) ss.
County of ........)
............... Precinct .......... Ward
I, ...., do solemnly swear (or affirm) that I am a citizen
of the United States, of the age of 18 years or over, and that
within the past 60 days prior to the date of this election at
which I am applying to vote, I have been engaged in the ....
(military or naval) service of the United States; and I am

SB1685 - 12 - LRB098 07749 HLH 37828 b
qualified to vote under and by virtue of the Constitution and
laws of the State of Illinois, and that I am a legally
qualified voter of this precinct and ward except that I have,
because of such service, been unable to register as a voter;
that I now reside at .... (insert street and number, if any) in
this precinct and ward; that I have maintained a legal
residence in this precinct and ward for 30 days and in this
State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
The affidavit of any such person shall be supported by the
affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
State of Illinois,)
) ss.
County of ........)
........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at this
election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona fide
resident of this precinct and ward and that I verily believe

SB1685 - 13 - LRB098 07749 HLH 37828 b
that he or she has maintained a legal residence therein 30 days
and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6 months,
during which period such affidavits shall be deemed public
records and shall be freely open to examination as such.
The purpose of the identification required under this
Section is to confirm the person presenting himself or herself
to vote is the elector on the list of registered voters.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is
found upon the register of voters by the person having charge
thereof, shall then
(1) produce a valid and current:
(A) Illinois driver's license;
(B) other form of identification containing a

SB1685 - 14 - LRB098 07749 HLH 37828 b
photograph issued by the Secretary of State;
(C) passport;
(D) military identification containing a
photograph issued by the federal government; or
(E) Illinois voter registration identification
card containing a photograph issued pursuant to
Section 4-35, 5-45, or 6-85;
(2) be questioned by one of the judges as to his
nativity, his term of residence at present address,
precinct, State and United States, his age, whether
naturalized and if so the date of naturalization papers and
court from which secured; , and
(3) he shall be asked to state his residence when last
previously registered and the date of the election for
which he then registered.
The judges of elections shall compare the photograph contained
on the required identification with the person seeking to vote.
The judge shall verify that the photograph is that of the
person seeking to vote. The judges of elections shall check
each application for ballot against the list of voters
registered in that precinct to whom grace period, absentee, and
early ballots have been issued for that election, which shall
be provided by the election authority and which list shall be
available for inspection by pollwatchers. A voter applying to
vote in the precinct on election day whose name appears on the
list as having been issued a grace period, absentee, or early

SB1685 - 15 - LRB098 07749 HLH 37828 b
ballot shall not be permitted to vote in the precinct, except
that a voter to whom an absentee ballot was issued may vote in
the precinct if the voter submits to the election judges that
absentee ballot for cancellation. If the voter is unable to
submit the absentee ballot, it shall be sufficient for the
voter to submit to the election judges (i) a portion of the
absentee ballot if the absentee ballot was torn or mutilated or
(ii) an affidavit executed before the election judges
specifying that (A) the voter never received an absentee ballot
or (B) the voter completed and returned an absentee ballot and
was informed that the election authority did not receive that
absentee ballot. If such person so registered shall be
challenged as disqualified, the party challenging shall assign
his reasons therefor, and thereupon one of the judges shall
administer to him an oath to answer questions, and if he shall
take the oath he shall then be questioned by the judge or
judges touching such cause of challenge, and touching any other
cause of disqualification. And he may also be questioned by the
person challenging him in regard to his qualifications and
identity. But if a majority of the judges are of the opinion
that he is the person so registered and a qualified voter, his
vote shall then be received accordingly. But if his vote be
rejected by such judges, such person may afterward produce and
deliver an affidavit to such judges, subscribed and sworn to by
him before one of the judges, in which it shall be stated how
long he has resided in such precinct, and state; that he is a

SB1685 - 16 - LRB098 07749 HLH 37828 b
citizen of the United States, and is a duly qualified voter in
such precinct, and that he is the identical person so
registered. In addition to such an affidavit, the person so
challenged shall provide to the judges of election proof of
residence by producing 2 forms of identification showing the
person's current residence address, provided that such
identification may include a lease or contract for a residence
and not more than one piece of mail addressed to the person at
his current residence address and postmarked not earlier than
30 days prior to the date of the election, or the person shall
procure a witness personally known to the judges of election,
and resident in the precinct (or district), or who shall be
proved by some legal voter of such precinct or district, known
to the judges to be such, who shall take the oath following,
viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
The oath in each case may be administered by one of the
judges of election, or by any officer, resident in the precinct
or district, authorized by law to administer oaths. Also

SB1685 - 17 - LRB098 07749 HLH 37828 b
supported by an affidavit by a registered voter residing in
such precinct, stating his own residence, and that he knows
such person; and that he does reside at the place mentioned and
has resided in such precinct and state for the length of time
as stated by such person, which shall be subscribed and sworn
to in the same way. For purposes of this Section, the
submission of a photo identification issued by a college or
university, accompanied by either (i) a copy of the applicant's
contract or lease for a residence or (ii) one piece of mail
addressed to the person at his or her current residence address
and postmarked not earlier than 30 days prior to the date of
the election, shall be sufficient to establish proof of
residence. Whereupon the vote of such person shall be received,
and entered as other votes. But such judges, having charge of
such registers, shall state in their respective books the facts
in such case, and the affidavits, so delivered to the judges,
shall be preserved and returned to the office of the
commissioners of election. Blank affidavits of the character
aforesaid shall be sent out to the judges of all the precincts,
and the judges of election shall furnish the same on demand and
administer the oaths without criticism. Such oaths, if
administered by any other officer than such judge of election,
shall not be received. Whenever a proposal for a constitutional
amendment or for the calling of a constitutional convention is
to be voted upon at the election, the separate blue ballot or
ballots pertaining thereto shall be placed on top of the other

SB1685 - 18 - LRB098 07749 HLH 37828 b
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter, and in
this fashion the ballots shall be handed to the voter by the
judge.
Immediately after voting, the voter shall be instructed
whether the voting equipment, if used, accepted or rejected the
ballot or identified the ballot as under-voted. A voter whose
ballot is identified as under-voted for a statewide
constitutional office may return to the voting booth and
complete the voting of that ballot. A voter whose ballot is not
accepted by the voting equipment may, upon surrendering the
ballot, request and vote another ballot. The voter's
surrendered ballot shall be initialed by the election judge and
handled as provided in the appropriate Article governing that
voting equipment.
The voter shall, upon quitting the voting booth, deliver to
one of the judges of election all of the ballots, properly
folded, which he received. The judge of election to whom the
voter delivers his ballots shall not accept the same unless all
of the ballots given to the voter are returned by him. If a
voter delivers less than all of the ballots given to him, the
judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the

SB1685 - 19 - LRB098 07749 HLH 37828 b
voter is not required to vote such remaining ballots but that
whether or not he votes them he must fold and deliver them to
the judge. In making such statement the judge of election shall
not indicate by word, gesture or intonation of voice that the
unreturned ballots shall be voted in any particular manner. No
new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots
received by him until such voter has returned to the voting
booth pursuant to the judge's request and again quit the booth
with all of the ballots required to be returned by him. Upon
receipt of all such ballots the judges of election shall enter
the name of the voter, and his number, as above provided in
this Section, and the judge to whom the ballots are delivered
shall immediately put the ballots into the ballot box. If any
voter who has failed to deliver all the ballots received by him
refuses to return to the voting booth after being advised by
the judge of election as herein provided, the judge shall
inform the other judges of such refusal, and thereupon the
ballot or ballots returned to the judge shall be deposited in
the ballot box, the voter shall be permitted to depart from the
polling place, and a new voter shall be permitted to enter the
voting booth.
The judge of election who receives the ballot or ballots
from the voter shall announce the residence and name of such
voter in a loud voice. The judge shall put the ballot or
ballots received from the voter into the ballot box in the

SB1685 - 20 - LRB098 07749 HLH 37828 b
presence of the voter and the judges of election, and in plain
view of the public. The judges having charge of such registers
shall then, in a column prepared thereon, in the same line of,
the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than
the full number of ballots received by such voter without first
advising the voter in the manner above provided of the
necessity of returning all of the ballots, nor shall any such
judge advise such voter in a manner contrary to that which is
herein permitted, or in any other manner violate the provisions
of this Section; provided, that the acceptance by a judge of
election of less than the full number of ballots delivered to a
voter who refuses to return to the voting booth after being
properly advised by such judge shall not be a violation of this
Section.
The purpose of the identification required under this
Section is to confirm the person presenting himself or herself
to vote is the elector on the list of registered voters.
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the official

SB1685 - 21 - LRB098 07749 HLH 37828 b
list of eligible voters for the precinct in which the
person seeks to vote. The official list is the centralized
statewide voter registration list established and
maintained in accordance with Section 1A-25;
(2) The person's voting status has been challenged by
an election judge, a pollwatcher, or any legal voter and
that challenge has been sustained by a majority of the
election judges;
(3) A federal or State court order extends the time for
closing the polls beyond the time period established by
State law and the person votes during the extended time
period;
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person or, in the case of a voter who registered
by mail, when voting by absentee ballot, but fails to
present the required identification described in Sections
17-9 and 18-5; do so;
(5) The voter's name appears on the list of voters who
voted during the early voting period, but the voter claims
not to have voted during the early voting period; or
(6) The voter received an absentee ballot but did not
return the absentee ballot to the election authority; or .
(7) The voter is required by law to present
identification when voting in person, but the judge of
elections disputes that the photograph contained on the

SB1685 - 22 - LRB098 07749 HLH 37828 b
required identification is the person seeking to vote.
(b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
(1) After first verifying through an examination of the
precinct register that the person's address is within the
precinct boundaries, an election judge at the polling place
shall notify a person who is entitled to cast a provisional
ballot pursuant to subsection (a) that he or she may cast a
provisional ballot in that election. An election judge must
accept any information provided by a person who casts a
provisional ballot that the person believes supports his or
her claim that he or she is a duly registered voter and
qualified to vote in the election. However, if the person's
residence address is outside the precinct boundaries, the
election judge shall inform the person of that fact, give
the person the appropriate telephone number of the election
authority in order to locate the polling place assigned to
serve that address, and instruct the person to go to the
proper polling place to vote.
(2) The person shall execute a written form provided by
the election judge that shall state or contain all of the
following that is available:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly

SB1685 - 23 - LRB098 07749 HLH 37828 b
swear (or affirm) that: I am a citizen of the
United States; I am 18 years of age or older; I
have resided in this State and in this precinct for
30 days preceding this election; I have not voted
in this election; I am a duly registered voter in
every respect; and I am eligible to vote in this
election. Signature ...... Printed Name of Voter
....... Printed Residence Address of Voter ......
City ...... State .... Zip Code ..... Telephone
Number ...... Date of Birth ....... and Illinois
Driver's License Number ....... or Last 4 digits of
Social Security Number ...... or State
Identification Card Number issued to you by the
Illinois Secretary of State........
(ii) A box for the election judge to check one of
the 6 reasons why the person was given a provisional
ballot under subsection (a) of this Section 18A-5.
(iii) An area for the election judge to affix his
or her signature and to set forth any facts that
support or oppose the allegation that the person is not
qualified to vote in the precinct in which the person
is seeking to vote.
The written affidavit form described in this
subsection (b)(2) must be printed on a multi-part form
prescribed by the county clerk or board of election
commissioners, as the case may be.

SB1685 - 24 - LRB098 07749 HLH 37828 b
(3) After the person executes the portion of the
written affidavit described in subsection (b)(2)(i) of
this Section, the election judge shall complete the portion
of the written affidavit described in subsection
(b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the
completed written affidavit to the person. The election
judge shall place the original written affidavit in a
self-adhesive clear plastic packing list envelope that
must be attached to a separate envelope marked as a
"provisional ballot envelope". The election judge shall
also place any information provided by the person who casts
a provisional ballot in the clear plastic packing list
envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or
procure self-adhesive clear plastic packing list envelopes
and provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope
with the clear plastic packing list envelope affixed to it,
which contains the person's original written affidavit
and, if any, information provided by the provisional voter
to support his or her claim that he or she is a duly
registered voter. An election judge must also give the

SB1685 - 25 - LRB098 07749 HLH 37828 b
person written information that states that any person who
casts a provisional ballot shall be able to ascertain,
pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the
official canvass of votes for that election and, if the
provisional vote was not counted, the reason that the vote
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal
the envelope, and return the envelope to an election judge,
who shall then deposit the sealed provisional ballot
envelope into a securable container separately identified
and utilized for containing sealed provisional ballot
envelopes. Ballots that are provisional because they are
cast after 7:00 p.m. by court order shall be kept separate
from other provisional ballots. Upon the closing of the
polls, the securable container shall be sealed with
filament tape provided for that purpose, which shall be
wrapped around the box lengthwise and crosswise, at least
twice each way, and each of the election judges shall sign
the seal.
(7) In addition to the written affidavit described in
item (i) of paragraph (2) of this subsection (b), if a
person is entitled to cast a provisional ballot under
paragraph (4) of subsection (a) of this Section due to a

SB1685 - 26 - LRB098 07749 HLH 37828 b
religious objection to being photographed, the person may
complete an affidavit under penalty of perjury at the
polling place and affirm that the person: (i) is the same
individual who personally appeared at the polling place;
(ii) cast the provisional ballot on election day; and (iii)
has a religious objection to being photographed. Upon
completion of the affidavit, the person may cast a
provisional ballot. The affidavit must be submitted with
the provisional ballot envelope as provided in paragraph
(4) of this subsection (b) and be filed with the county
clerk or board of election commissioners, as the case may
be.
(8) In addition to the written affidavit described in
item (i) of paragraph (2) of this subsection (b), if a
person is entitled to cast a provisional ballot under
paragraph (4) of subsection (a) of this Section because the
person suffers from a reasonable impediment that prevents
the person from obtaining photographic identification, the
person may complete an affidavit under the penalty of
perjury at the polling place and affirm that the person:
(i) is the same individual who personally appeared at the
polling place; (ii) cast the provisional ballot on election
day; and (iii) suffers from a reasonable impediment that
prevents the person from obtaining photographic
identification. The person also shall list the impediment,
unless otherwise prohibited by State or federal law. Upon

SB1685 - 27 - LRB098 07749 HLH 37828 b
completion of the affidavit, the person may cast a
provisional ballot. The affidavit must be submitted with
the provisional ballot envelope as provided in paragraph
(4) of this subsection (b) and be filed with the county
clerk or board of election commissioners, as the case may
be.
(c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for
accepting any information the provisional voter has supplied to
the election judge to support his or her claim that he or she
is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
(d) The county clerk or board of election commissioners, as
the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk or
board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based

SB1685 - 28 - LRB098 07749 HLH 37828 b
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 97-766, eff. 7-6-12.)
(10 ILCS 5/18A-15)
Sec. 18A-15. Validating and counting provisional ballots.
(a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.
The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,
its final canvass of the vote for all public offices.
(b) Except as provided in subsection (i), if If a county
clerk or board of election commissioners determines that all of
the following apply, then a provisional ballot is valid and
shall be counted as a vote:
(1) the provisional voter cast the provisional ballot
in the correct precinct based on the address provided by
the provisional voter. The provisional voter's affidavit
shall serve as a change of address request by that voter
for registration purposes for the next ensuing election if

SB1685 - 29 - LRB098 07749 HLH 37828 b
it bears an address different from that in the records of
the election authority;
(2) the affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-5 contains, at
a minimum, the provisional voter's first and last name,
house number and street name, and signature or mark;
(3) the provisional voter is a registered voter based
on information available to the county clerk or board of
election commissioners provided by or obtained from any of
the following:
i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
maintained by the State Board of Elections;
iv. the records of the county clerk or board of
election commissioners' database; or
v. the records of the Secretary of State; and
(4) for a provisional ballot cast under item (6) of
subsection (a) of Section 18A-5, the voter did not vote by
absentee ballot in the election at which the provisional
ballot was cast; and .
(5) In the case of a provisional vote cast under
paragraph (7) of subsection (a) of Section 18A-5, the
provisional voter brings a valid and current photographic
identification described in Sections 17-9 and 18-5 to the
county clerk or board of election commissioners.

SB1685 - 30 - LRB098 07749 HLH 37828 b
(c) With respect to subsection (b)(3) of this Section, the
county clerk or board of election commissioners shall
investigate and record whether or not the specified information
is available from each of the 5 identified sources. If the
information is available from one or more of the identified
sources, then the county clerk or board of election
commissioners shall seek to obtain the information from each of
those sources until satisfied, with information from at least
one of those sources, that the provisional voter is registered
and entitled to vote. The county clerk or board of election
commissioners shall use any information it obtains as the basis
for determining the voter registration status of the
provisional voter. If a conflict exists among the information
available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election commissioners
shall make a determination based on the totality of the
circumstances. In a case where the above information equally
supports or opposes the registration status of the voter, the
county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to
vote. If the statewide voter registration database maintained
by the State Board of Elections indicates that the provisional
voter is registered to vote, but the county clerk's or board of
election commissioners' voter registration database indicates
that the provisional voter is not registered to vote, then the

SB1685 - 31 - LRB098 07749 HLH 37828 b
information found in the statewide voter registration database
shall control the matter and the provisional voter shall be
deemed to be registered to vote. If the records of the county
clerk or board of election commissioners indicates that the
provisional voter is registered to vote, but the statewide
voter registration database maintained by the State Board of
Elections indicates that the provisional voter is not
registered to vote, then the information found in the records
of the county clerk or board of election commissioners shall
control the matter and the provisional voter shall be deemed to
be registered to vote. If the provisional voter's signature on
his or her provisional ballot request varies from the signature
on an otherwise valid registration application solely because
of the substitution of initials for the first or middle name,
the election authority may not reject the provisional ballot.
(d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter to
complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the

SB1685 - 32 - LRB098 07749 HLH 37828 b
information already submitted by the provisional voter. The
provisional voter may, within 2 calendar days after the
election, submit additional information to the county clerk or
board of election commissioners. This information must be
received by the county clerk or board of election commissioners
within the 2-calendar-day period.
(e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
(f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this
Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
(g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The provisional
ballots determined to be valid shall be added to the vote
totals for the precincts from which they were cast in the order
in which the ballots were opened. The validation and counting
of provisional ballots shall be subject to the provisions of

SB1685 - 33 - LRB098 07749 HLH 37828 b
this Code that apply to pollwatchers. If the provisional
ballots are a ballot of a punch card voting system, then the
provisional ballot shall be counted in a manner consistent with
Article 24A. If the provisional ballots are a ballot of optical
scan or other type of approved electronic voting system, then
the provisional ballots shall be counted in a manner consistent
with Article 24B.
(h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted or
spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote
shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure

SB1685 - 34 - LRB098 07749 HLH 37828 b
and seal it in the same manner as described in item (6) of
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election official"
means the county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(i) If the county clerk or board of election commissioners,
as the case may be, determines that a provisional ballot was
cast only due to the provisional voter's inability to provide
proof of identification and an affidavit is submitted pursuant
to subsection (7) or (8) of subsection (b) of Section 18A-5,
the county clerk or board of election commissioners, as the
case may be, shall find that the provisional ballot is valid
unless the county clerk or board of election commissioners has
grounds to believe the affidavit is false.
(j) Before making the determinations under subsection (b),
and if the county clerk of board of election commissioners, as
the case may be, determines that a provision ballot was cast
for a cause other than the inability to provide proof of
identification as required by described in Sections 17-9 and

SB1685 - 35 - LRB098 07749 HLH 37828 b
18-5, the county clerk or board of election commissioners shall
note on the envelope containing the provisional ballot that the
voter complied with the proof of identification requirement.
(Source: P.A. 97-766, eff. 7-6-12.)