Bill Text: IL SB2239 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that, if a person chooses to register to vote on the day of election, the person shall only be allowed to cast a provisional ballot and the election authority shall mail to the provisional voter a voter registration application to the provisional voter's address. Provides that a provisional ballot cast under the provision is valid and shall be counted as a vote if the voter completes and returns the voter registration application that the election authority mailed to the voter upon casting the provisional ballot within 14 days after the day of election.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2239 Detail]

Download: Illinois-2025-SB2239-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2239

Introduced 2/7/2025, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:
10 ILCS 5/4-50
10 ILCS 5/5-50
10 ILCS 5/6-100
10 ILCS 5/18A-5
10 ILCS 5/18A-15

    Amends the Election Code. Provides that, if a person chooses to register to vote on the day of election, the person shall only be allowed to cast a provisional ballot and the election authority shall mail to the provisional voter a voter registration application to the provisional voter's address. Provides that a provisional ballot cast under the provision is valid and shall be counted as a vote if the voter completes and returns the voter registration application that the election authority mailed to the voter upon casting the provisional ballot within 14 days after the day of election.
LRB104 09172 SPS 19228 b

A BILL FOR

SB2239LRB104 09172 SPS 19228 b
1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Sections 4-50, 5-50, 6-100, 18A-5, and 18A-15 as follows:
6    (10 ILCS 5/4-50)
7    Sec. 4-50. Grace period. Notwithstanding any other
8provision of this Code to the contrary, each election
9authority shall establish procedures for the registration of
10voters and for change of address during the period from the
11close of registration for an election until and including the
12day of the election. During this grace period, an unregistered
13qualified elector may register to vote, and a registered voter
14may submit a change of address form, in person in the office of
15the election authority, at a permanent polling place
16established under Section 19A-10, at any other early voting
17site beginning 15 days prior to the election, at a polling
18place on election day, or at a voter registration location
19specifically designated for this purpose by the election
20authority. Grace period registration and changes of address
21shall also be conducted for eligible residents in connection
22with voting at facilities under Section 19-12.2 of this Code.
23The election authority shall register that individual, or

SB2239- 2 -LRB104 09172 SPS 19228 b
1change a registered voter's address, in the same manner as
2otherwise provided by this Article for registration and change
3of address.
4    If a voter who registers or changes address during this
5grace period wishes to vote at the election or primary
6occurring during the grace period, he or she must do so by
7grace period voting. The election authority shall offer
8in-person grace period voting at the authority's office, any
9permanent polling place established under Section 19A-10, and
10at any other early voting site beginning 15 days prior to the
11election, at a polling place on election day, where grace
12period registration is required by this Section; and may offer
13in-person grace period voting at additional hours and
14locations specifically designated for the purpose of grace
15period voting by the election authority. The election
16authority may allow grace period voting by mail only if the
17election authority has no ballots prepared at the authority's
18office. Grace period voting shall be in a manner substantially
19similar to voting under Article 19A.
20    Within one day after a voter casts a grace period ballot,
21or within one day after the ballot is received by the election
22authority if the election authority allows grace period voting
23by mail, the election authority shall transmit by electronic
24means pursuant to a process established by the State Board of
25Elections the voter's name, street address, e-mail address,
26and precinct, ward, township, and district numbers, as the

SB2239- 3 -LRB104 09172 SPS 19228 b
1case may be, to the State Board of Elections, which shall
2maintain those names and that information in an electronic
3format on its website, arranged by county and accessible to
4State and local political committees. The name of each person
5issued a grace period ballot shall also be placed on the
6appropriate precinct list of persons to whom vote by mail and
7early ballots have been issued, for use as provided in
8Sections 17-9 and 18-5.
9    A person who casts a grace period ballot shall not be
10permitted to revoke that ballot and vote another ballot with
11respect to that primary or election. Ballots cast by persons
12who register or change address during the grace period at a
13location other than their designated polling place on election
14day must be transmitted to and counted at the election
15authority's central ballot counting location and shall not be
16transmitted to and counted at precinct polling places. The
17grace period ballots determined to be valid shall be added to
18the vote totals for the precincts for which they were cast in
19the order in which the ballots were opened.
20    If a person registers to vote on the day of the election
21under this Section, the election authority shall only allow
22that person to vote a provisional ballot as described in
23Section 18A-5.
24    In counties with a population of less than 100,000 that do
25not have electronic poll books, the election authority may opt
26out of registration in the polling place if the election

SB2239- 4 -LRB104 09172 SPS 19228 b
1authority establishes grace period registration and voting at
2other sites on election day at the following sites: (i) the
3election authority's main office and (ii) a polling place in
4each municipality where 20% or more of the county's residents
5reside if the election authority's main office is not located
6in that municipality. The election authority may establish
7other grace period registration and voting sites on election
8day provided that the election authority has met the notice
9requirements of Section 19A-25 for permanent and temporary
10early voting sites.
11(Source: P.A. 100-442, eff. 8-25-17.)
12    (10 ILCS 5/5-50)
13    Sec. 5-50. Grace period. Notwithstanding any other
14provision of this Code to the contrary, each election
15authority shall establish procedures for the registration of
16voters and for change of address during the period from the
17close of registration for an election until and including the
18day of the election. During this grace period, an unregistered
19qualified elector may register to vote, and a registered voter
20may submit a change of address form, in person in the office of
21the election authority, at a permanent polling place
22established under Section 19A-10, at any other early voting
23site beginning 15 days prior to the election, at a polling
24place on election day, or at a voter registration location
25specifically designated for this purpose by the election

SB2239- 5 -LRB104 09172 SPS 19228 b
1authority. Grace period registration and changes of address
2shall also be conducted for eligible residents in connection
3with voting at facilities under Section 19-12.2 of this Code.
4The election authority shall register that individual, or
5change a registered voter's address, in the same manner as
6otherwise provided by this Article for registration and change
7of address.
8    If a voter who registers or changes address during this
9grace period wishes to vote at the election or primary
10occurring during the grace period, he or she must do so by
11grace period voting. The election authority shall offer
12in-person grace period voting at his or her office, any
13permanent polling place established under Section 19A-10, and
14at any other early voting site beginning 15 days prior to the
15election, at a polling place on election day, where grace
16period registration is required by this Section; and may offer
17in-person grace period voting at additional hours and
18locations specifically designated for the purpose of grace
19period voting by the election authority. The election
20authority may allow grace period voting by mail only if the
21election authority has no ballots prepared at the authority's
22office. Grace period voting shall be in a manner substantially
23similar to voting under Article 19A.
24    Within one day after a voter casts a grace period ballot,
25or within one day after the ballot is received by the election
26authority if the election authority allows grace period voting

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

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1Section 18A-5.
2    In counties with a population of less than 100,000 that do
3not have electronic poll books, the election authority may opt
4out of registration in the polling place if the election
5authority establishes grace period registration and voting at
6other sites on election day at the following sites: (i) the
7election authority's main office and (ii) a polling place in
8each municipality where 20% or more of the county's residents
9reside if the election authority's main office is not located
10in that municipality. The election authority may establish
11other grace period registration and voting sites on election
12day provided that the election authority has met the notice
13requirements of Section 19A-25 for permanent and temporary
14early voting sites.
15(Source: P.A. 100-442, eff. 8-25-17.)
16    (10 ILCS 5/6-100)
17    Sec. 6-100. Grace period. Notwithstanding any other
18provision of this Code to the contrary, each election
19authority shall establish procedures for the registration of
20voters and for change of address during the period from the
21close of registration for an election until and including the
22day of the election. During this grace period, an unregistered
23qualified elector may register to vote, and a registered voter
24may submit a change of address form, in person in the office of
25the election authority, at a permanent polling place

SB2239- 8 -LRB104 09172 SPS 19228 b
1established under Section 19A-10, at any other early voting
2site beginning 15 days prior to the election, at a polling
3place on election day, or at a voter registration location
4specifically designated for this purpose by the election
5authority. Grace period registration and changes of address
6shall also be conducted for eligible residents in connection
7with voting at facilities under Section 19-12.2 of this Code.
8The election authority shall register that individual, or
9change a registered voter's address, in the same manner as
10otherwise provided by this Article for registration and change
11of address.
12    If a voter who registers or changes address during this
13grace period wishes to vote at the election or primary
14occurring during the grace period. The election authority
15shall offer in-person grace period voting at the authority's
16office, any permanent polling place established under Section
1719A-10, and at any other early voting site beginning 15 days
18prior to the election, at a polling place on election day,
19where grace period registration is required by this Section;
20and may offer in-person grace period voting at additional
21hours and locations specifically designated for the purpose of
22grace period voting by the election authority. The election
23authority may allow grace period voting by mail only if the
24election authority has no ballots prepared at the authority's
25office. Grace period voting shall be in a manner substantially
26similar to voting under Article 19A.

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

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1    If a person registers to vote on the day of the election
2under this Section, the election authority shall only allow
3that person to vote a provisional ballot as described in
4Section 18A-5.
5    In counties with a population of less than 100,000 that do
6not have electronic poll books, the election authority may opt
7out of registration in the polling place if the election
8authority establishes grace period registration and voting at
9other sites on election day at the following sites: (i) the
10election authority's main office and (ii) a polling place in
11each municipality where 20% or more of the county's residents
12reside if the election authority's main office is not located
13in that municipality. The election authority may establish
14other grace period registration and voting sites on election
15day provided that the election authority has met the notice
16requirements of Section 19A-25 for permanent and temporary
17early voting sites.
18(Source: P.A. 100-442, eff. 8-25-17.)
19    (10 ILCS 5/18A-5)
20    Sec. 18A-5. Provisional voting; general provisions.
21    (a) A person who claims to be a registered voter is
22entitled to cast a provisional ballot under the following
23circumstances:
24        (1) The person's name does not appear on the official
25 list of eligible voters for the precinct in which the

SB2239- 11 -LRB104 09172 SPS 19228 b
1 person seeks to vote and the person has refused an
2 opportunity to register at the polling location or another
3 grace period registration site. If the person chooses to
4 register to vote on the day of the election, the person
5 shall only be allowed to cast a provisional ballot, and
6 the election authority shall mail to the provisional voter
7 a voter registration application to the address listed on
8 the affidavit described in paragraph (2). The official
9 list is the centralized statewide voter registration list
10 established and maintained in accordance with Section
11 1A-25;
12        (2) The person's voting status has been challenged by
13 an election judge, a pollwatcher, or any legal voter and
14 that challenge has been sustained by a majority of the
15 election judges;
16        (3) A federal or State court order extends the time
17 for closing the polls beyond the time period established
18 by State law and the person votes during the extended time
19 period;
20        (4) The voter registered to vote by mail and is
21 required by law to present identification when voting
22 either in person or by early voting ballot, but fails to do
23 so;
24        (5) The voter's name appears on the list of voters who
25 voted during the early voting period, but the voter claims
26 not to have voted during the early voting period;

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

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

SB2239- 14 -LRB104 09172 SPS 19228 b
1 not qualified to vote in the precinct in which the
2 person is seeking to vote.
3        The written affidavit form described in this
4 subsection (b)(2) must be printed on a multi-part form
5 prescribed by the county clerk or board of election
6 commissioners, as the case may be.
7        (3) After the person executes the portion of the
8 written affidavit described in subsection (b)(2)(i) of
9 this Section, the election judge shall complete the
10 portion of the written affidavit described in subsection
11 (b)(2)(iii) and (b)(2)(iv).
12        (4) The election judge shall give a copy of the
13 completed written affidavit to the person. The election
14 judge shall place the original written affidavit in a
15 self-adhesive clear plastic packing list envelope that
16 must be attached to a separate envelope marked as a
17 "provisional ballot envelope". The election judge shall
18 also place any information provided by the person who
19 casts a provisional ballot in the clear plastic packing
20 list envelope. Each county clerk or board of election
21 commissioners, as the case may be, must design, obtain or
22 procure self-adhesive clear plastic packing list envelopes
23 and provisional ballot envelopes that are suitable for
24 implementing this subsection (b)(4) of this Section.
25        (5) The election judge shall provide the person with a
26 provisional ballot, written instructions for casting a

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

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

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

SB2239- 18 -LRB104 09172 SPS 19228 b
1 this Article. As used in this item, "federal office" is
2 defined as provided in Section 20-1 and "statewide office"
3 means the Governor, Attorney General, Secretary of State,
4 Comptroller, and Treasurer. Votes for General Assembly,
5 countywide, citywide, or township office on a provisional
6 ballot cast in the incorrect precinct but in the correct
7 legislative district, representative district, county,
8 municipality, or township, as the case may be, shall be
9 valid and counted in accordance with this Article. As used
10 in this item, "citywide office" means an office elected by
11 the electors of an entire municipality. As used in this
12 item, "township office" means an office elected by the
13 electors of an entire township;
14        (2) the affidavit executed by the provisional voter
15 pursuant to subsection (b)(2) of Section 18A-5 contains,
16 at a minimum, the provisional voter's first and last name,
17 house number and street name, and signature or mark;
18        (3) except as permitted by item (5) of subsection (b)
19 of this Section, the provisional voter is a registered
20 voter based on information available to the county clerk
21 or board of election commissioners provided by or obtained
22 from any of the following:
23            i. the provisional voter;
24            ii. an election judge;
25            iii. the statewide voter registration database
26 maintained by the State Board of Elections;

SB2239- 19 -LRB104 09172 SPS 19228 b
1            iv. the records of the county clerk or board of
2 election commissioners' database; or
3            v. the records of the Secretary of State; and
4        (4) for a provisional ballot cast under item (6) of
5 subsection (a) of Section 18A-5, the voter did not vote by
6 mail ballot in the election at which the provisional
7 ballot was cast; or    
8        (5) for a provisional ballot cast under item (7) of
9 subsection (a) of Section 18A-5, the voter provides the
10 election authority with the necessary documentation within
11 7 days of election day; or .    
12        (6) for a provisional ballot cast under paragraph (1)
13 of subsection (a) of Section 18A-5, the voter completes
14 and returns the voter registration application that the
15 election authority mailed to the voter upon casting a
16 provisional ballot within 14 days after the day of the
17 election.
18    (c) With respect to subsection (b)(3) of this Section, the
19county clerk or board of election commissioners shall
20investigate and record whether or not the specified
21information is available from each of the 5 identified
22sources. If the information is available from one or more of
23the identified sources, then the county clerk or board of
24election commissioners shall seek to obtain the information
25from each of those sources until satisfied, with information
26from at least one of those sources, that the provisional voter

SB2239- 20 -LRB104 09172 SPS 19228 b
1is registered and entitled to vote. The county clerk or board
2of election commissioners shall use any information it obtains
3as the basis for determining the voter registration status of
4the provisional voter. If a conflict exists among the
5information available to the county clerk or board of election
6commissioners as to the registration status of the provisional
7voter, then the county clerk or board of election
8commissioners shall make a determination based on the totality
9of the circumstances. In a case where the above information
10equally supports or opposes the registration status of the
11voter, the county clerk or board of election commissioners
12shall decide in favor of the provisional voter as being duly
13registered to vote. If the statewide voter registration
14database maintained by the State Board of Elections indicates
15that the provisional voter is registered to vote, but the
16county clerk's or board of election commissioners' voter
17registration database indicates that the provisional voter is
18not registered to vote, then the information found in the
19statewide voter registration database shall control the matter
20and the provisional voter shall be deemed to be registered to
21vote. If the records of the county clerk or board of election
22commissioners indicates that the provisional voter is
23registered to vote, but the statewide voter registration
24database maintained by the State Board of Elections indicates
25that the provisional voter is not registered to vote, then the
26information found in the records of the county clerk or board

SB2239- 21 -LRB104 09172 SPS 19228 b
1of election commissioners shall control the matter and the
2provisional voter shall be deemed to be registered to vote. If
3the provisional voter's signature on his or her provisional
4ballot request varies from the signature on an otherwise valid
5registration application solely because of the substitution of
6initials for the first or middle name, the election authority
7may not reject the provisional ballot.
8    (d) In validating the registration status of a person
9casting a provisional ballot, the county clerk or board of
10election commissioners shall not require a provisional voter
11to complete any form other than the affidavit executed by the
12provisional voter under subsection (b)(2) of Section 18A-5. In
13addition, the county clerk or board of election commissioners
14shall not require all provisional voters or any particular
15class or group of provisional voters to appear personally
16before the county clerk or board of election commissioners or
17as a matter of policy require provisional voters to submit
18additional information to verify or otherwise support the
19information already submitted by the provisional voter. Within
202 calendar days after the election, the election authority
21shall transmit by electronic means pursuant to a process
22established by the State Board of Elections the name, street
23address, e-mail address, and precinct, ward, township, and
24district numbers, as the case may be, of each person casting a
25provisional ballot to the State Board of Elections, which
26shall maintain those names and that information in an

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1electronic format on its website, arranged by county and
2accessible to State and local political committees. The
3provisional voter may, within 7 calendar days after the
4election, submit additional information to the county clerk or
5board of election commissioners. This information must be
6received by the county clerk or board of election
7commissioners within the 7-calendar-day period.
8    (e) If the county clerk or board of election commissioners
9determines that subsection (b)(1), (b)(2), or (b)(3) does not
10apply, then the provisional ballot is not valid and may not be
11counted. The provisional ballot envelope containing the ballot
12cast by the provisional voter may not be opened. The county
13clerk or board of election commissioners shall write on the
14provisional ballot envelope the following: "Provisional ballot
15determined invalid.".
16    (f) If the county clerk or board of election commissioners
17determines that a provisional ballot is valid under this
18Section, then the provisional ballot envelope shall be opened.
19The outside of each provisional ballot envelope shall also be
20marked to identify the precinct and the date of the election.
21    (g) Provisional ballots determined to be valid shall be
22counted at the election authority's central ballot counting
23location and shall not be counted in precincts. The
24provisional ballots determined to be valid shall be added to
25the vote totals for the precincts from which they were cast in
26the order in which the ballots were opened. The validation and

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

SB2239- 24 -LRB104 09172 SPS 19228 b
1shall then place each sealed envelope or bag into a box, secure
2and seal it in the same manner as described in item (6) of
3subsection (b) of Section 18A-5. Each election judge or
4election official shall take and subscribe an oath before the
5county clerk or board of election commissioners that the
6election judge or election official securely kept the ballots
7and papers in the box, did not permit any person to open the
8box or otherwise touch or tamper with the ballots and papers in
9the box, and has no knowledge of any other person opening the
10box. For purposes of this Section, the term "election
11official" means the county clerk, a member of the board of
12election commissioners, as the case may be, and their
13respective employees.
14(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1598-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
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