103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2917
 
Introduced 1/26/2024, by Sen. Tom Bennett
 
SYNOPSIS AS INTRODUCED:

10 ILCS 5/1-14 new
10 ILCS 5/3-8 new
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35
 Amends the Election Code. Requires 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.


LRB103 37837 SPS 67967 b


 
 
A BILL FOR
 
SB2917LRB103 37837 SPS 67967 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 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding 
6Sections 1-14 and 3-8 as follows:

7 (10 ILCS 5/1-14 new)
8 Sec. 1-14. Voter Identification Card.
9 (a) Issuance. The Secretary of State shall issue a Voter 
10Identification Card to each registered voter who does not have 
11an acceptable form of photo identification card as defined in 
12Section 3-8. The Voter Identification Card shall include at 
13least: (i) the voter's name, signature, and photograph; (ii) 
14the State seal; and (iii) the voter's current residence 
15address. A Voter Identification Card is valid for as long as 
16the registered voter maintains the name and residence on the 
17Card. A Voter Identification Card may not be used for any 
18purpose other than to vote in Illinois.
19 (b) Intent and purpose. It is the intent of the General 
20Assembly to provide the Secretary of State with guidance on 
21how to issue the Voter Identification Card to those 
22individuals who do not have an acceptable form of photo 
23identification as defined in Section 3-8.
 
 
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1 (c) Application for the Voter Identification Card. Within 
2a reasonable time after the effective date of this amendatory 
3Act of the 103rd General Assembly, the Secretary of State 
4shall provide application forms for the Voter Identification 
5Card. Any registered voter who meets the criteria set forth in 
6this Section and who provides the proper documentation 
7required under subsection (d) shall receive a Voter 
8Identification Card.
9 (d) Documentation required. The Secretary of State shall 
10require the presentation and verification of the following 
11information for issuance of a Voter Registration Card:
12  (1) A photo identity document, except that a non-photo 
13 identity document, as defined in subsection (e), is 
14 acceptable if it includes both the applicant's name and 
15 date of birth.
16  (2) Documentation showing the applicant's date of 
17 birth.
18  (3) Evidence of voter registration.
19  (4) Documentation, as defined in subsection (f), 
20 showing the applicant's name and principal residence 
21 address.
22 (e) Non-photo identity document. A non-photo identity 
23document must include the applicant's name and date of birth. 
24Any of the following shall constitute a non-photo identity 
25document in lieu of a photo identity document:
26  (1) An original birth certificate or certified copy of 
 
 
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1 a birth certificate.
2  (2) A voter registration card.
3  (3) A copy of records filed in court by the applicant 
4 or on behalf of the applicant by the applicant's counsel.
5  (4) A naturalization document.
6  (5) A copy of the applicant's marriage license.
7  (6) A copy of the State or federal tax return filed by 
8 the applicant for the previous calendar year.
9  (7) An original of the annual Social Security 
10 statement received by the applicant for the current or 
11 preceding calendar year.
12  (8) An original of a Medicare or Medicaid statement 
13 received by the applicant.
14  (9) A certified school record or transcript for the 
15 current or preceding calendar year.
16 (f) Documentation of name and address. Any of the 
17following documents shall be acceptable as documentation of 
18the 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) Exemptions. Voters who are indigent and unable to 
5obtain a Voter Identification Card without a fee and voters 
6who have a religious objection to being photographed may vote 
7a provisional ballot and sign an affidavit that indicates one 
8of the exemptions stated in this subsection. An indigent 
9person is defined as an individual whose income is 125% or less 
10of current federal poverty income guidelines.

11 (10 ILCS 5/3-8 new)
12 Sec. 3-8. Acceptable forms of photo identification for 
13voting purposes. As used in this Code, acceptable forms of 
14photo identification for voting purposes include:
15  (1) An Illinois Driver's License.
16  (2) A State Identification Card.
17  (3) An Illinois Disabled Person Identification Card.
18  (4) A Senior Citizen Identification Card.
19  (5) A FOID Card.
20  (6) A U.S. Passport with the voter's current address.
21  (7) Any other government-issued identification card 
22 that includes the voter's name, current photograph, and 
23 current address. 
24 All photo identification cards must be valid and current. 

 
 
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1 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
2 Sec. 17-9. Any person desiring to vote shall (i) present 
3to the judges of election for verification of the person's 
4identity a government-issued photo identification card, as 
5defined in Section 3-8, or his or her Voter Identification 
6Card and (ii) give his name and, if required to do so, his 
7residence to the judges of election, one of whom shall 
8thereupon announce the same in a loud and distinct tone of 
9voice, clear, and audible; the judges of elections shall check 
10each application for ballot against the list of voters 
11registered in that precinct to whom grace period, vote by 
12mail, or early ballots have been issued for that election, 
13which shall be provided by the election authority and which 
14list shall be available for inspection by pollwatchers. A 
15voter applying to vote in the precinct on election day whose 
16name appears on the list as having been issued a grace period, 
17vote by mail, or early ballot shall not be permitted to vote in 
18the precinct, except that a voter to whom a vote by mail ballot 
19was issued may vote in the precinct if the voter submits to the 
20election judges that vote by mail ballot for cancellation. If 
21the voter is unable to submit the vote by mail ballot, it shall 
22be sufficient for the voter to submit to the election judges 
23(i) a portion of the vote by mail ballot if the vote by mail 
24ballot was torn or mutilated or (ii) an affidavit executed 
25before the election judges specifying that (A) the voter never 
26received a vote by mail ballot or (B) the voter completed and 
 
 
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1returned a vote by mail ballot and was informed that the 
2election authority did not receive that vote by mail ballot. 
3All applicable provisions of Articles 4, 5 or 6 shall be 
4complied with and if such name is found on the register of 
5voters by the officer having charge thereof, he shall likewise 
6repeat said name, and the voter shall be allowed to enter 
7within the proximity of the voting booths, as above provided. 
8One of the judges shall give the voter one, and only one of 
9each ballot to be voted at the election, on the back of which 
10ballots such judge shall indorse his initials in such manner 
11that they may be seen when each such ballot is properly folded, 
12and the voter's name shall be immediately checked on the 
13register list. In those election jurisdictions where 
14perforated ballot cards are utilized of the type on which 
15write-in votes can be cast above the perforation, the election 
16authority shall provide a space both above and below the 
17perforation for the judge's initials, and the judge shall 
18endorse his or her initials in both spaces. Whenever a 
19proposal for a constitutional amendment or for the calling of 
20a constitutional convention is to be voted upon at the 
21election, the separate blue ballot or ballots pertaining 
22thereto shall, when being handed to the voter, be placed on top 
23of the other ballots to be voted at the election in such manner 
24that the legend appearing on the back thereof, as prescribed 
25in Section 16-6 of this Act, shall be plainly visible to the 
26voter. At all elections, when a registry may be required, if 
 
 
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1the name of any person so desiring to vote at such election is 
2not found on the register of voters, he or she shall not 
3receive a ballot until he or she shall have complied with the 
4law prescribing the manner and conditions of voting by 
5unregistered voters. If any person desiring to vote at any 
6election shall be challenged, he or she shall not receive a 
7ballot until he or she shall have established his right to vote 
8in the manner provided hereinafter; and if he or she shall be 
9challenged after he has received his ballot, he shall not be 
10permitted to vote until he or she has fully complied with such 
11requirements of the law upon being challenged. Besides the 
12election officer, not more than 2 voters in excess of the whole 
13number of voting booths provided shall be allowed within the 
14proximity of the voting booths at one time. The provisions of 
15this Act, so far as they require the registration of voters as 
16a condition to their being allowed to vote shall not apply to 
17persons otherwise entitled to vote, who are, at the time of the 
18election, or at any time within 60 days prior to such election 
19have been engaged in the military or naval service of the 
20United States, and who appear personally at the polling place 
21on election day and produce to the judges of election 
22satisfactory evidence thereof, but such persons, if otherwise 
23qualified to vote, shall be permitted to vote at such election 
24without previous registration. 
25 All such persons shall also make an affidavit which shall 
26be in substantially the following form: 
 
 
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1State of Illinois,)

2 ) ss.

3County of ........)

4............... Precinct .......... Ward
5 I, ...., do solemnly swear (or affirm) that I am a citizen 
6of the United States, of the age of 18 years or over, and that 
7within the past 60 days prior to the date of this election at 
8which I am applying to vote, I have been engaged in the .... 
9(military or naval) service of the United States; and I am 
10qualified to vote under and by virtue of the Constitution and 
11laws of the State of Illinois, and that I am a legally 
12qualified voter of this precinct and ward except that I have, 
13because of such service, been unable to register as a voter; 
14that I now reside at .... (insert street and number, if any) in 
15this precinct and ward; that I have maintained a legal 
16residence in this precinct and ward for 30 days and in this 
17State 30 days next preceding this election. 
18
.........................
19 Subscribed and sworn to before me on (insert date). 
20
.........................
21
Judge of Election.


22 The affidavit of any such person shall be supported by the 
23affidavit of a resident and qualified voter of any such 
24precinct and ward, which affidavit shall be in substantially 
25the following form: 
 
 
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1State of Illinois,)

2 ) ss.

3County of ........)

4........... Precinct ........... Ward
5 I, ...., do solemnly swear (or affirm), that I am a 
6resident of this precinct and ward and entitled to vote at this 
7election; that I am acquainted with .... (name of the 
8applicant); that I verily believe him to be an actual bona fide 
9resident of this precinct and ward and that I verily believe 
10that he or she has maintained a legal residence therein 30 days 
11and in this State 30 days next preceding this election. 
12
.........................
13 Subscribed and sworn to before me on (insert date). 
14
.........................
15
Judge of Election.


16 All affidavits made under the provisions of this Section 
17shall be enclosed in a separate envelope securely sealed, and 
18shall be transmitted with the returns of the elections to the 
19county clerk or to the board of election commissioners, who 
20shall preserve the said affidavits for the period of 6 months, 
21during which period such affidavits shall be deemed public 
22records and shall be freely open to examination as such. 
23(Source: P.A. 98-1171, eff. 6-1-15.)

24 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
 
 
SB2917- 10 -LRB103 37837 SPS 67967 b


1 Sec. 18-5. Any person desiring to vote and whose name is 
2found upon the register of voters by the person having charge 
3thereof, shall (i) present to the judges of election for 
4verification of the person's identity a government-issued 
5photo identification card, as defined in Section 3-8, or his 
6or her Voter Identification Card, (ii) shall then be 
7questioned by one of the judges as to his nativity, his term of 
8residence at present address, precinct, State and United 
9States, his age, whether naturalized and if so the date of 
10naturalization papers and court from which secured, and (iii) 
11he shall be asked to state his residence when last previously 
12registered and the date of the election for which he then 
13registered. The judges of elections shall check each 
14application for ballot against the list of voters registered 
15in that precinct to whom grace period, vote by mail, and early 
16ballots have been issued for that election, which shall be 
17provided by the election authority and which list shall be 
18available for inspection by pollwatchers. A voter applying to 
19vote in the precinct on election day whose name appears on the 
20list as having been issued a grace period, vote by mail, or 
21early ballot shall not be permitted to vote in the precinct, 
22except that a voter to whom a vote by mail ballot was issued 
23may vote in the precinct if the voter submits to the election 
24judges that vote by mail ballot for cancellation. If the voter 
25is unable to submit the vote by mail ballot, it shall be 
26sufficient for the voter to submit to the election judges (i) a 
 
 
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1portion of the vote by mail ballot if the vote by mail ballot 
2was torn or mutilated or (ii) an affidavit executed before the 
3election judges specifying that (A) the voter never received a 
4vote by mail ballot or (B) the voter completed and returned a 
5vote by mail ballot and was informed that the election 
6authority did not receive that vote by mail ballot. If such 
7person so registered shall be challenged as disqualified, the 
8party challenging shall assign his reasons therefor, and 
9thereupon one of the judges shall administer to him an oath to 
10answer questions, and if he shall take the oath he shall then 
11be questioned by the judge or judges touching such cause of 
12challenge, and touching any other cause of disqualification. 
13And he may also be questioned by the person challenging him in 
14regard to his qualifications and identity. But if a majority 
15of the judges are of the opinion that he is the person so 
16registered and a qualified voter, his vote shall then be 
17received accordingly. But if his vote be rejected by such 
18judges, such person may afterward produce and deliver an 
19affidavit to such judges, subscribed and sworn to by him 
20before one of the judges, in which it shall be stated how long 
21he has resided in such precinct, and state; that he is a 
22citizen of the United States, and is a duly qualified voter in 
23such precinct, and that he is the identical person so 
24registered. In addition to such an affidavit, the person so 
25challenged shall provide to the judges of election proof of 
26residence by producing 2 forms of identification showing the 
 
 
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1person's current residence address, provided that such 
2identification may include a lease or contract for a residence 
3and not more than one piece of mail addressed to the person at 
4his current residence address and postmarked not earlier than 
530 days prior to the date of the election, or the person shall 
6procure a witness personally known to the judges of election, 
7and resident in the precinct (or district), or who shall be 
8proved by some legal voter of such precinct or district, known 
9to the judges to be such, who shall take the oath following, 
10viz: 
11 I do solemnly swear (or affirm) that I am a resident of 
12this election precinct (or district), and entitled to vote at 
13this election, and that I have been a resident of this State 
14for 30 days last past, and am well acquainted with the person 
15whose vote is now offered; that he is an actual and bona fide 
16resident of this election precinct (or district), and has 
17resided herein 30 days, and as I verily believe, in this State, 
1830 days next preceding this election. 
19 The oath in each case may be administered by one of the 
20judges of election, or by any officer, resident in the 
21precinct or district, authorized by law to administer oaths. 
22Also supported by an affidavit by a registered voter residing 
23in such precinct, stating his own residence, and that he knows 
24such person; and that he does reside at the place mentioned and 
25has resided in such precinct and state for the length of time 
26as stated by such person, which shall be subscribed and sworn 
 
 
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1to in the same way. For purposes of this Section, the 
2submission of a photo identification issued by a college or 
3university, accompanied by either (i) a copy of the 
4applicant's contract or lease for a residence or (ii) one 
5piece of mail addressed to the person at his or her current 
6residence address and postmarked not earlier than 30 days 
7prior to the date of the election, shall be sufficient to 
8establish proof of residence. Whereupon the vote of such 
9person shall be received, and entered as other votes. But such 
10judges, having charge of such registers, shall state in their 
11respective books the facts in such case, and the affidavits, 
12so delivered to the judges, shall be preserved and returned to 
13the office of the commissioners of election. Blank affidavits 
14of the character aforesaid shall be sent out to the judges of 
15all the precincts, and the judges of election shall furnish 
16the same on demand and administer the oaths without criticism. 
17Such oaths, if administered by any other officer than such 
18judge of election, shall not be received. Whenever a proposal 
19for a constitutional amendment or for the calling of a 
20constitutional convention is to be voted upon at the election, 
21the separate blue ballot or ballots pertaining thereto shall 
22be placed on top of the other ballots to be voted at the 
23election in such manner that the legend appearing on the back 
24thereof, as prescribed in Section 16-6 of this Act, shall be 
25plainly visible to the voter, and in this fashion the ballots 
26shall be handed to the voter by the judge. 
 
 
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1 Immediately after voting, the voter shall be instructed 
2whether the voting equipment, if used, accepted or rejected 
3the ballot or identified the ballot as under-voted. A voter 
4whose ballot is identified as under-voted for a statewide 
5constitutional office may return to the voting booth and 
6complete the voting of that ballot. A voter whose ballot is not 
7accepted by the voting equipment may, upon surrendering the 
8ballot, request and vote another ballot. The voter's 
9surrendered ballot shall be initialed by the election judge 
10and handled as provided in the appropriate Article governing 
11that voting equipment.
12 The voter shall, upon quitting the voting booth, deliver 
13to one of the judges of election all of the ballots, properly 
14folded, which he received. The judge of election to whom the 
15voter delivers his ballots shall not accept the same unless 
16all of the ballots given to the voter are returned by him. If a 
17voter delivers less than all of the ballots given to him, the 
18judge to whom the same are offered shall advise him in a voice 
19clearly audible to the other judges of election that the voter 
20must return the remainder of the ballots. The statement of the 
21judge to the voter shall clearly express the fact that the 
22voter is not required to vote such remaining ballots but that 
23whether or not he votes them he must fold and deliver them to 
24the judge. In making such statement the judge of election 
25shall not indicate by word, gesture or intonation of voice 
26that the unreturned ballots shall be voted in any particular 
 
 
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1manner. No new voter shall be permitted to enter the voting 
2booth of a voter who has failed to deliver the total number of 
3ballots received by him until such voter has returned to the 
4voting booth pursuant to the judge's request and again quit 
5the booth with all of the ballots required to be returned by 
6him. Upon receipt of all such ballots the judges of election 
7shall enter the name of the voter, and his number, as above 
8provided in this Section, and the judge to whom the ballots are 
9delivered shall immediately put the ballots into the ballot 
10box. If any voter who has failed to deliver all the ballots 
11received by him refuses to return to the voting booth after 
12being advised by the judge of election as herein provided, the 
13judge shall inform the other judges of such refusal, and 
14thereupon the ballot or ballots returned to the judge shall be 
15deposited in the ballot box, the voter shall be permitted to 
16depart from the polling place, and a new voter shall be 
17permitted to enter the voting booth. 
18 The judge of election who receives the ballot or ballots 
19from the voter shall announce the residence and name of such 
20voter in a loud voice. The judge shall put the ballot or 
21ballots received from the voter into the ballot box in the 
22presence of the voter and the judges of election, and in plain 
23view of the public. The judges having charge of such registers 
24shall then, in a column prepared thereon, in the same line of, 
25the name of the voter, mark "Voted" or the letter "V". 
26 No judge of election shall accept from any voter less than 
 
 
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1the full number of ballots received by such voter without 
2first advising the voter in the manner above provided of the 
3necessity of returning all of the ballots, nor shall any such 
4judge advise such voter in a manner contrary to that which is 
5herein permitted, or in any other manner violate the 
6provisions of this Section; provided, that the acceptance by a 
7judge of election of less than the full number of ballots 
8delivered to a voter who refuses to return to the voting booth 
9after being properly advised by such judge shall not be a 
10violation of this Section. 
11(Source: P.A. 98-1171, eff. 6-1-15.)

12 (10 ILCS 5/18A-5)
13 Sec. 18A-5. Provisional voting; general provisions. 
14 (a) A person who claims to be a registered voter is 
15entitled to cast a provisional ballot under the following 
16circumstances:
17  (1) The person's name does not appear on the official 
18 list of eligible voters for the precinct in which the 
19 person seeks to vote and the person has refused an 
20 opportunity to register at the polling location or another 
21 grace period registration site. The official list is the 
22 centralized statewide voter registration list established 
23 and maintained in accordance with Section 1A-25;
24  (2) The person's voting status has been challenged by 
25 an election judge, a pollwatcher, or any legal voter and 
 
 
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1 that challenge has been sustained by a majority of the 
2 election judges;
3  (3) A federal or State court order extends the time 
4 for closing the polls beyond the time period established 
5 by State law and the person votes during the extended time 
6 period;
7  (4) The voter registered to vote by mail and is 
8 required by law to present identification when voting 
9 either in person, in the case of a voter who registered by 
10 mail, when voting or by early voting ballot, but fails to 
11 provide an acceptable form of photo identification as 
12 described in Section 3-8, or a Voter Identification Card 
13 issued under Section 1-14 do so; 
14  (5) The voter's name appears on the list of voters who 
15 voted during the early voting period, but the voter claims 
16 not to have voted during the early voting period; 
17  (6) The voter received a vote by mail ballot but did 
18 not return the vote by mail ballot to the election 
19 authority; or 
20  (7) The voter attempted to register to vote on 
21 election day, but failed to provide the necessary 
22 documentation. 
23 (b) The procedure for obtaining and casting a provisional 
24ballot at the polling place shall be as follows:
25  (1) After first verifying through an examination of 
26 the precinct register that the person's address is within 
 
 
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1 the precinct boundaries, an election judge at the polling 
2 place shall notify a person who is entitled to cast a 
3 provisional ballot pursuant to subsection (a) that he or 
4 she may cast a provisional ballot in that election. An 
5 election judge must accept any information provided by a 
6 person who casts a provisional ballot that the person 
7 believes supports his or her claim that he or she is a duly 
8 registered voter and qualified to vote in the election. 
9 However, if the person's residence address is outside the 
10 precinct boundaries, the election judge shall inform the 
11 person of that fact, give the person the appropriate 
12 telephone number of the election authority in order to 
13 locate the polling place assigned to serve that address, 
14 and instruct the person to go to the proper polling place 
15 to vote. 
16  (2) The person shall execute a written form provided 
17 by the election judge that shall state or contain all of 
18 the following that is available:
19    (i) an affidavit stating the following:
20    State of Illinois, County of ................, 
21 Township ............., Precinct ........, Ward 
22 ........, I, ......................., do solemnly 
23 swear (or affirm) that: I am a citizen of the 
24 United States; I am 18 years of age or older; I 
25 have resided in this State and in this precinct 
26 for 30 days preceding this election; I have not 
 
 
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1 voted in this election; I am a duly registered 
2 voter in every respect; and I am eligible to vote 
3 in this election. Signature ...... Printed Name of 
4 Voter ....... Printed Residence Address of Voter 
5 ...... City ...... State .... Zip Code ..... 
6 Telephone Number ...... Date of Birth ....... and 
7 Illinois Driver's License Number ....... or Last 4 
8 digits of Social Security Number ...... or State 
9 Identification Card Number issued to you by the 
10 Illinois Secretary of State ........
11   (ii) A box for the election judge to check one of 
12 the reasons why the person was given a provisional 
13 ballot under subsection (a) of this Section.
14   (iii) An area for the election judge to affix his 
15 or her signature and to set forth any facts that 
16 support or oppose the allegation that the person is 
17 not qualified to vote in the precinct in which the 
18 person is seeking to vote.
19  The written affidavit form described in this 
20 subsection (b)(2) must be printed on a multi-part form 
21 prescribed by the county clerk or board of election 
22 commissioners, as the case may be.
23  (3) After the person executes the portion of the 
24 written affidavit described in subsection (b)(2)(i) of 
25 this Section, the election judge shall complete the 
26 portion of the written affidavit described in subsection 
 
 
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1 (b)(2)(iii) and (b)(2)(iv).
2  (4) The election judge shall give a copy of the 
3 completed written affidavit to the person. The election 
4 judge shall place the original written affidavit in a 
5 self-adhesive clear plastic packing list envelope that 
6 must be attached to a separate envelope marked as a 
7 "provisional ballot envelope". The election judge shall 
8 also place any information provided by the person who 
9 casts a provisional ballot in the clear plastic packing 
10 list envelope. Each county clerk or board of election 
11 commissioners, as the case may be, must design, obtain or 
12 procure self-adhesive clear plastic packing list envelopes 
13 and provisional ballot envelopes that are suitable for 
14 implementing this subsection (b)(4) of this Section.
15  (5) The election judge shall provide the person with a 
16 provisional ballot, written instructions for casting a 
17 provisional ballot, and the provisional ballot envelope 
18 with the clear plastic packing list envelope affixed to 
19 it, which contains the person's original written affidavit 
20 and, if any, information provided by the provisional voter 
21 to support his or her claim that he or she is a duly 
22 registered voter. An election judge must also give the 
23 person written information that states that any person who 
24 casts a provisional ballot shall be able to ascertain, 
25 pursuant to guidelines established by the State Board of 
26 Elections, whether the provisional vote was counted in the 
 
 
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1 official canvass of votes for that election and, if the 
2 provisional vote was not counted, the reason that the vote 
3 was not counted.
4  (6) After the person has completed marking his or her 
5 provisional ballot, he or she shall place the marked 
6 ballot inside of the provisional ballot envelope, close 
7 and seal the envelope, and return the envelope to an 
8 election judge, who shall then deposit the sealed 
9 provisional ballot envelope into a securable container 
10 separately identified and utilized for containing sealed 
11 provisional ballot envelopes. Ballots that are provisional 
12 because they are cast after 7:00 p.m. by court order shall 
13 be kept separate from other provisional ballots. Upon the 
14 closing of the polls, the securable container shall be 
15 sealed with filament tape provided for that purpose, which 
16 shall be wrapped around the box lengthwise and crosswise, 
17 at least twice each way, and each of the election judges 
18 shall sign the seal.
19 (c) Instead of the affidavit form described in subsection 
20(b), the county clerk or board of election commissioners, as 
21the case may be, may design and use a multi-part affidavit form 
22that is imprinted upon or attached to the provisional ballot 
23envelope described in subsection (b). If a county clerk or 
24board of election commissioners elects to design and use its 
25own multi-part affidavit form, then the county clerk or board 
26of election commissioners shall establish a mechanism for 
 
 
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1accepting any information the provisional voter has supplied 
2to the election judge to support his or her claim that he or 
3she is a duly registered voter. In all other respects, a county 
4clerk or board of election commissioners shall establish 
5procedures consistent with subsection (b).
6 (d) The county clerk or board of election commissioners, 
7as the case may be, shall use the completed affidavit form 
8described in subsection (b) to update the person's voter 
9registration information in the State voter registration 
10database and voter registration database of the county clerk 
11or board of election commissioners, as the case may be. If a 
12person is later determined not to be a registered voter based 
13on Section 18A-15 of this Code, then the affidavit shall be 
14processed by the county clerk or board of election 
15commissioners, as the case may be, as a voter registration 
16application.
17(Source: P.A. 100-201, eff. 8-18-17.)

18 (10 ILCS 5/18A-15)
19 Sec. 18A-15. Validating and counting provisional ballots. 
20 (a) The county clerk or board of election commissioners 
21shall complete the validation and counting of provisional 
22ballots within 14 calendar days of the day of the election. The 
23county clerk or board of election commissioners shall have 7 
24calendar days from the completion of the validation and 
25counting of provisional ballots to conduct its final canvass. 
 
 
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1The State Board of Elections shall complete within 31 calendar 
2days of the election or sooner if all the returns are received, 
3its final canvass of the vote for all public offices.
4 (b) If a county clerk or board of election commissioners 
5determines that all of the following apply, then a provisional 
6ballot is valid and shall be counted as a vote:
7  (1) the provisional voter cast the provisional ballot 
8 in the correct precinct based on the address provided by 
9 the provisional voter. The provisional voter's affidavit 
10 shall serve as a change of address request by that voter 
11 for registration purposes for the next ensuing election if 
12 it bears an address different from that in the records of 
13 the election authority. Votes for federal and statewide 
14 offices on a provisional ballot cast in the incorrect 
15 precinct that meet the other requirements of this 
16 subsection shall be valid and counted in accordance with 
17 this Article. As used in this item, "federal office" is 
18 defined as provided in Section 20-1 and "statewide office" 
19 means the Governor, Attorney General, Secretary of State, 
20 Comptroller, and Treasurer. Votes for General Assembly, 
21 countywide, citywide, or township office on a provisional 
22 ballot cast in the incorrect precinct but in the correct 
23 legislative district, representative district, county, 
24 municipality, or township, as the case may be, shall be 
25 valid and counted in accordance with this Article. As used 
26 in this item, "citywide office" means an office elected by 
 
 
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1 the electors of an entire municipality. As used in this 
2 item, "township office" means an office elected by the 
3 electors of an entire township;
4  (2) the affidavit executed by the provisional voter 
5 pursuant to subsection (b)(2) of Section 18A-5 contains, 
6 at a minimum, the provisional voter's first and last name, 
7 house number and street name, and signature or mark;
8  (3) except as permitted by item (5) of subsection (b) 
9 of this Section, the provisional voter is a registered 
10 voter based on information available to the county clerk 
11 or board of election commissioners provided by or obtained 
12 from any of the following:
13   i. the provisional voter;
14   ii. an election judge;
15   iii. the statewide voter registration database 
16 maintained by the State Board of Elections;
17   iv. the records of the county clerk or board of 
18 election commissioners' database; or
19   v. the records of the Secretary of State; and
20  (4) for a provisional ballot cast under item (6) of 
21 subsection (a) of Section 18A-5, the voter did not vote by 
22 mail ballot in the election at which the provisional 
23 ballot was cast; or 
24  (5) for a provisional ballot cast under item (7) of 
25 subsection (a) of Section 18A-5, the voter provides the 
26 election authority with the necessary documentation within 
 
 
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1 7 days of election day. 
2 (c) With respect to subsection (b)(3) of this Section, the 
3county clerk or board of election commissioners shall 
4investigate and record whether or not the specified 
5information is available from each of the 5 identified 
6sources. If the information is available from one or more of 
7the identified sources, then the county clerk or board of 
8election commissioners shall seek to obtain the information 
9from each of those sources until satisfied, with information 
10from at least one of those sources, that the provisional voter 
11is registered and entitled to vote. The county clerk or board 
12of election commissioners shall use any information it obtains 
13as the basis for determining the voter registration status of 
14the provisional voter. If a conflict exists among the 
15information available to the county clerk or board of election 
16commissioners as to the registration status of the provisional 
17voter, then the county clerk or board of election 
18commissioners shall make a determination based on the totality 
19of the circumstances. In a case where the above information 
20equally supports or opposes the registration status of the 
21voter, the county clerk or board of election commissioners 
22shall decide in favor of the provisional voter as being duly 
23registered to vote. If the statewide voter registration 
24database maintained by the State Board of Elections indicates 
25that the provisional voter is registered to vote, but the 
26county clerk's or board of election commissioners' voter 
 
 
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1registration database indicates that the provisional voter is 
2not registered to vote, then the information found in the 
3statewide voter registration database shall control the matter 
4and the provisional voter shall be deemed to be registered to 
5vote. If the records of the county clerk or board of election 
6commissioners indicates that the provisional voter is 
7registered to vote, but the statewide voter registration 
8database maintained by the State Board of Elections indicates 
9that the provisional voter is not registered to vote, then the 
10information found in the records of the county clerk or board 
11of election commissioners shall control the matter and the 
12provisional voter shall be deemed to be registered to vote. If 
13the provisional voter's signature on his or her provisional 
14ballot request varies from the signature on an otherwise valid 
15registration application solely because of the substitution of 
16initials for the first or middle name, the election authority 
17may not reject the provisional ballot.
18 (d) In validating the registration status of a person 
19casting a provisional ballot, the county clerk or board of 
20election commissioners shall not require a provisional voter 
21to complete any form other than the affidavit executed by the 
22provisional voter under subsection (b)(2) of Section 18A-5. In 
23addition, the county clerk or board of election commissioners 
24shall not require all provisional voters or any particular 
25class or group of provisional voters to appear personally 
26before the county clerk or board of election commissioners or 
 
 
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1as a matter of policy require provisional voters to submit 
2additional information to verify or otherwise support the 
3information already submitted by the provisional voter. Within 
42 calendar days after the election, the election authority 
5shall transmit by electronic means pursuant to a process 
6established by the State Board of Elections the name, street 
7address, e-mail address, and precinct, ward, township, and 
8district numbers, as the case may be, of each person casting a 
9provisional ballot to the State Board of Elections, which 
10shall maintain those names and that information in an 
11electronic format on its website, arranged by county and 
12accessible to State and local political committees. The 
13provisional voter may, within 7 calendar days after the 
14election, submit additional information to the county clerk or 
15board of election commissioners, except that in the case of 
16provisional voting under paragraph (4) of subsection (a) of 
17Section 18A-5, the provisional voter has 10 days to provide 
18the county clerk or board of election commissioners with the 
19required photo identification card. This information must be 
20received by the county clerk or board of election 
21commissioners within the applicable 7-calendar-day or 
2210-calendar-day period.
23 (e) If the county clerk or board of election commissioners 
24determines that subsection (b)(1), (b)(2), or (b)(3) does not 
25apply, then the provisional ballot is not valid and may not be 
26counted. The provisional ballot envelope containing the ballot 
 
 
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1cast by the provisional voter may not be opened. The county 
2clerk or board of election commissioners shall write on the 
3provisional ballot envelope the following: "Provisional ballot 
4determined invalid.".
5 (f) If the county clerk or board of election commissioners 
6determines that a provisional ballot is valid under this 
7Section, then the provisional ballot envelope shall be opened. 
8The outside of each provisional ballot envelope shall also be 
9marked to identify the precinct and the date of the election.
10 (g) Provisional ballots determined to be valid shall be 
11counted at the election authority's central ballot counting 
12location and shall not be counted in precincts. The 
13provisional ballots determined to be valid shall be added to 
14the vote totals for the precincts from which they were cast in 
15the order in which the ballots were opened. The validation and 
16counting of provisional ballots shall be subject to the 
17provisions of this Code that apply to pollwatchers. If the 
18provisional ballots are a ballot of a punch card voting 
19system, then the provisional ballot shall be counted in a 
20manner consistent with Article 24A. If the provisional ballots 
21are a ballot of optical scan or other type of approved 
22electronic voting system, then the provisional ballots shall 
23be counted in a manner consistent with Article 24B.
24 (h) As soon as the ballots have been counted, the election 
25judges or election officials shall, in the presence of the 
26county clerk or board of election commissioners, place each of 
 
 
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1the following items in a separate envelope or bag: (1) all 
2provisional ballots, voted or spoiled; (2) all provisional 
3ballot envelopes of provisional ballots voted or spoiled; and 
4(3) all executed affidavits of the provisional ballots voted 
5or spoiled. All provisional ballot envelopes for provisional 
6voters who have been determined not to be registered to vote 
7shall remain sealed. The county clerk or board of election 
8commissioners shall treat the provisional ballot envelope 
9containing the written affidavit as a voter registration 
10application for that person for the next election and process 
11that application. The election judges or election officials 
12shall then securely seal each envelope or bag, initial the 
13envelope or bag, and plainly mark on the outside of the 
14envelope or bag in ink the precinct in which the provisional 
15ballots were cast. The election judges or election officials 
16shall then place each sealed envelope or bag into a box, secure 
17and seal it in the same manner as described in item (6) of 
18subsection (b) of Section 18A-5. Each election judge or 
19election official shall take and subscribe an oath before the 
20county clerk or board of election commissioners that the 
21election judge or election official securely kept the ballots 
22and papers in the box, did not permit any person to open the 
23box or otherwise touch or tamper with the ballots and papers in 
24the box, and has no knowledge of any other person opening the 
25box. For purposes of this Section, the term "election 
26official" means the county clerk, a member of the board of 
 
 
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1election commissioners, as the case may be, and their 
2respective employees.
3(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; 
498-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)

5 (10 ILCS 5/19A-35)
6 Sec. 19A-35. Procedure for voting.
7 (a) Not more than 23 days before the start of the election, 
8the county clerk shall make available to the election official 
9conducting early voting by personal appearance a sufficient 
10number of early ballots, envelopes, and printed voting 
11instruction slips for the use of early voters. The election 
12official shall receipt for all ballots received and shall 
13return unused or spoiled ballots at the close of the early 
14voting period to the county clerk and must strictly account 
15for all ballots received. The ballots delivered to the 
16election official must include early ballots for each precinct 
17in the election authority's jurisdiction and must include 
18separate ballots for each political subdivision conducting an 
19election of officers or a referendum at that election.
20 (b) In conducting early voting under this Article, the 
21election judge or official is required to verify the signature 
22of the early voter by comparison with the signature on the 
23official registration card, and the judge or official must 
24verify (i) that the applicant is a registered voter, (ii) the 
25precinct in which the applicant is registered, and (iii) the 
 
 
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1proper ballots of the political subdivision in which the 
2applicant resides and is entitled to vote, and (iv) the 
3applicant's identity, which must be verified by the 
4applicant's presentation of a government-issued photo 
5identification card, as defined in Section 3-8, or his or her 
6Voter Identification Card, before providing an early ballot to 
7the applicant. The election judge or official must verify the 
8applicant's registration from the most recent poll list 
9provided by the election authority, and if the applicant is 
10not listed on that poll list, by telephoning the office of the 
11election authority.
12 (b-5) A person requesting an early voting ballot to whom a 
13vote by mail ballot was issued may vote early if the person 
14submits that vote by mail ballot to the judges of election or 
15official conducting early voting for cancellation. If the 
16voter is unable to submit the vote by mail ballot, it shall be 
17sufficient for the voter to submit to the judges or official 
18(i) a portion of the vote by mail ballot if the vote by mail 
19ballot was torn or mutilated or (ii) an affidavit executed 
20before the judges or official specifying that (A) the voter 
21never received a vote by mail ballot or (B) the voter completed 
22and returned a vote by mail ballot and was informed that the 
23election authority did not receive that vote by mail ballot.
24 (b-10) Within one day after a voter casts an early voting 
25ballot, the election authority shall transmit the voter's 
26name, street address, and precinct, ward, township, and 
 
 
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