Bill Text: IL SB3530 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Election Code. Changes the definition of "person with a disability" to include a person having an intellectual or developmental disability. Makes conforming changes throughout the Code. Requires an election authority to provide public notice 75 days (rather than 60 days) before each general and consolidated election calculated to reach elderly voters and voters with disabilities, of the availability of registration and voting aids under the Federal Voting Accessibility for the Elderly and Handicapped Act, of the availability of assistance in marking the ballot, procedures for voting by vote by mail ballot, and procedures for voting early by personal appearance.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3530 Detail]

Download: Illinois-2019-SB3530-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3530

Introduced 2/13/2020, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/4-8 from Ch. 46, par. 4-8
10 ILCS 5/4-8.01 from Ch. 46, par. 4-8.01
10 ILCS 5/5-7 from Ch. 46, par. 5-7
10 ILCS 5/5-7.01 from Ch. 46, par. 5-7.01
10 ILCS 5/6-35 from Ch. 46, par. 6-35
10 ILCS 5/6-35.01 from Ch. 46, par. 6-35.01
10 ILCS 5/7-47.1 from Ch. 46, par. 7-47.1
10 ILCS 5/7-48 from Ch. 46, par. 7-48
10 ILCS 5/12-1 from Ch. 46, par. 12-1
10 ILCS 5/17-14 from Ch. 46, par. 17-14
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19A-40
10 ILCS 5/24C-11

Amends the Election Code. Changes the definition of "person with a disability" to include a person having an intellectual or developmental disability. Makes conforming changes throughout the Code. Requires an election authority to provide public notice 75 days (rather than 60 days) before each general and consolidated election calculated to reach elderly voters and voters with disabilities, of the availability of registration and voting aids under the Federal Voting Accessibility for the Elderly and Handicapped Act, of the availability of assistance in marking the ballot, procedures for voting by vote by mail ballot, and procedures for voting early by personal appearance.
LRB101 19092 SMS 68552 b

A BILL FOR

SB3530LRB101 19092 SMS 68552 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 1-3, 4-8, 4-8.01, 5-7, 5-7.01, 6-35, 6-35.01, 7-47.1,
67-48, 12-1, 17-14, 19-5, 19A-40, and 24C-11, as follows:
7 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
8 Sec. 1-3. As used in this Act, unless the context otherwise
9requires:
10 1. "Election" includes the submission of all questions of
11public policy, propositions, and all measures submitted to
12popular vote, and includes primary elections when so indicated
13by the context.
14 2. "Regular election" means the general, general primary,
15consolidated and consolidated primary elections regularly
16scheduled in Article 2A. The even numbered year municipal
17primary established in Article 2A is a regular election only
18with respect to those municipalities in which a primary is
19required to be held on such date.
20 3. "Special election" means an election not regularly
21recurring at fixed intervals, irrespective of whether it is
22held at the same time and place and by the same election
23officers as a regular election.

SB3530- 2 -LRB101 19092 SMS 68552 b
1 4. "General election" means the biennial election at which
2members of the General Assembly are elected. "General primary
3election", "consolidated election" and "consolidated primary
4election" mean the respective elections or the election dates
5designated and established in Article 2A of this Code.
6 5. "Municipal election" means an election or primary,
7either regular or special, in cities, villages, and
8incorporated towns; and "municipality" means any such city,
9village or incorporated town.
10 6. "Political or governmental subdivision" means any unit
11of local government, or school district in which elections are
12or may be held. "Political or governmental subdivision" also
13includes, for election purposes, Regional Boards of School
14Trustees, and Township Boards of School Trustees.
15 7. The word "township" and the word "town" shall apply
16interchangeably to the type of governmental organization
17established in accordance with the provisions of the Township
18Code. The term "incorporated town" shall mean a municipality
19referred to as an incorporated town in the Illinois Municipal
20Code, as now or hereafter amended.
21 8. "Election authority" means a county clerk or a Board of
22Election Commissioners.
23 9. "Election Jurisdiction" means (a) an entire county, in
24the case of a county in which no city board of election
25commissioners is located or which is under the jurisdiction of
26a county board of election commissioners; (b) the territorial

SB3530- 3 -LRB101 19092 SMS 68552 b
1jurisdiction of a city board of election commissioners; and (c)
2the territory in a county outside of the jurisdiction of a city
3board of election commissioners. In each instance election
4jurisdiction shall be determined according to which election
5authority maintains the permanent registration records of
6qualified electors.
7 10. "Local election official" means the clerk or secretary
8of a unit of local government or school district, as the case
9may be, the treasurer of a township board of school trustees,
10and the regional superintendent of schools with respect to the
11various school officer elections and school referenda for which
12the regional superintendent is assigned election duties by The
13School Code, as now or hereafter amended.
14 11. "Judges of election", "primary judges" and similar
15terms, as applied to cases where there are 2 sets of judges,
16when used in connection with duties at an election during the
17hours the polls are open, refer to the team of judges of
18election on duty during such hours; and, when used with
19reference to duties after the closing of the polls, refer to
20the team of tally judges designated to count the vote after the
21closing of the polls and the holdover judges designated
22pursuant to Section 13-6.2 or 14-5.2. In such case, where,
23after the closing of the polls, any act is required to be
24performed by each of the judges of election, it shall be
25performed by each of the tally judges and by each of the
26holdover judges.

SB3530- 4 -LRB101 19092 SMS 68552 b
1 12. "Petition" of candidacy as used in Sections 7-10 and
27-10.1 shall consist of a statement of candidacy, candidate's
3statement containing oath, and sheets containing signatures of
4qualified primary electors bound together.
5 13. "Election district" and "precinct", when used with
6reference to a 30-day residence requirement, means the smallest
7constituent territory in which electors vote as a unit at the
8same polling place in any election governed by this Act.
9 14. "District" means any area which votes as a unit for the
10election of any officer, other than the State or a unit of
11local government or school district, and includes, but is not
12limited to, legislative, congressional and judicial districts,
13judicial circuits, county board districts, municipal and
14sanitary district wards, school board districts, and
15precincts.
16 15. "Question of public policy" or "public question" means
17any question, proposition or measure submitted to the voters at
18an election dealing with subject matter other than the
19nomination or election of candidates and shall include, but is
20not limited to, any bond or tax referendum, and questions
21relating to the Constitution.
22 16. "Ordinance providing the form of government of a
23municipality or county pursuant to Article VII of the
24Constitution" includes ordinances, resolutions and petitions
25adopted by referendum which provide for the form of government,
26the officers or the manner of selection or terms of office of

SB3530- 5 -LRB101 19092 SMS 68552 b
1officers of such municipality or county, pursuant to the
2provisions of Sections 4, 6 or 7 of Article VII of the
3Constitution.
4 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
56-60, and 6-66 shall include a computer tape or computer disc
6or other electronic data processing information containing
7voter information.
8 18. "Accessible" means accessible to persons with
9disabilities and elderly individuals for the purpose of voting
10or registration, as determined by rule of the State Board of
11Elections.
12 19. "Elderly" means 65 years of age or older.
13 20. "Person with a disability", "disability", "disabled
14voter", or "voter with a disability" means a person having a
15temporary or permanent physical disability or an intellectual
16or developmental disability.
17 21. "Leading political party" means one of the two
18political parties whose candidates for governor at the most
19recent three gubernatorial elections received either the
20highest or second highest average number of votes. The
21political party whose candidates for governor received the
22highest average number of votes shall be known as the first
23leading political party and the political party whose
24candidates for governor received the second highest average
25number of votes shall be known as the second leading political
26party.

SB3530- 6 -LRB101 19092 SMS 68552 b
1 22. "Business day" means any day in which the office of an
2election authority, local election official or the State Board
3of Elections is open to the public for a minimum of 7 hours.
4 23. "Homeless individual" means any person who has a
5nontraditional residence, including, but not limited to, a
6shelter, day shelter, park bench, street corner, or space under
7a bridge.
8 24. "Signature" means a name signed in ink or in digitized
9form. This definition does not apply to a nominating or
10candidate petition or a referendum petition.
11 25. "Intelligent mail barcode tracking system" means a
12printed trackable barcode attached to the return business reply
13envelope for mail-in ballots under Article 19 or Article 20
14that allows an election authority to determine the date the
15envelope was mailed in absence of a postmark.
16(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
17 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
18 Sec. 4-8. The county clerk shall provide a sufficient
19number of blank forms for the registration of electors, which
20shall be known as registration record cards and which shall
21consist of loose leaf sheets or cards, of suitable size to
22contain in plain writing and figures the data hereinafter
23required thereon or shall consist of computer cards of suitable
24nature to contain the data required thereon. The registration
25record cards, which shall include an affidavit of registration

SB3530- 7 -LRB101 19092 SMS 68552 b
1as hereinafter provided, shall be executed in duplicate.
2 The registration record card shall contain the following
3and such other information as the county clerk may think it
4proper to require for the identification of the applicant for
5registration:
6 Name. The name of the applicant, giving surname and first
7or Christian name in full, and the middle name or the initial
8for such middle name, if any.
9 Sex.
10 Residence. The name and number of the street, avenue, or
11other location of the dwelling, including the apartment, unit
12or room number, if any, and in the case of a mobile home the lot
13number, and such additional clear and definite description as
14may be necessary to determine the exact location of the
15dwelling of the applicant. Where the location cannot be
16determined by street and number, then the section,
17congressional township and range number may be used, or such
18other description as may be necessary, including post-office
19mailing address. In the case of a homeless individual, the
20individual's voting residence that is his or her mailing
21address shall be included on his or her registration record
22card.
23 Term of residence in the State of Illinois and precinct.
24This information shall be furnished by the applicant stating
25the place or places where he resided and the dates during which
26he resided in such place or places during the year next

SB3530- 8 -LRB101 19092 SMS 68552 b
1preceding the date of the next ensuing election.
2 Nativity. The state or country in which the applicant was
3born.
4 Citizenship. Whether the applicant is native born or
5naturalized. If naturalized, the court, place, and date of
6naturalization.
7 Date of application for registration, i.e., the day, month
8and year when applicant presented himself for registration.
9 Age. Date of birth, by month, day and year.
10 Disability Physical disability of the applicant, if any, at
11the time of registration, which would require assistance in
12voting.
13 The county and state in which the applicant was last
14registered.
15 Electronic mail address, if any.
16 Signature of voter. The applicant, after the registration
17and in the presence of a deputy registrar or other officer of
18registration shall be required to sign his or her name in ink
19or digitized form to the affidavit on both the original and
20duplicate registration record cards.
21 Signature of deputy registrar or officer of registration.
22 In case applicant is unable to sign his name, he may affix
23his mark to the affidavit. In such case the officer empowered
24to give the registration oath shall write a detailed
25description of the applicant in the space provided on the back
26or at the bottom of the card or sheet; and shall ask the

SB3530- 9 -LRB101 19092 SMS 68552 b
1following questions and record the answers thereto:
2 Father's first name.
3 Mother's first name.
4 From what address did the applicant last register?
5 Reason for inability to sign name.
6 Each applicant for registration shall make an affidavit in
7substantially the following form:
8
AFFIDAVIT OF REGISTRATION
9STATE OF ILLINOIS
10COUNTY OF .......
11 I hereby swear (or affirm) that I am a citizen of the
12United States; that on the date of the next election I shall
13have resided in the State of Illinois and in the election
14precinct in which I reside 30 days and that I intend that this
15location shall be my residence; that I am fully qualified to
16vote, and that the above statements are true.
17
..............................
18
(His or her signature or mark)
19 Subscribed and sworn to before me on (insert date).
20..................................
21Signature of registration officer.
22(To be signed in presence of registrant.)
23 Space shall be provided upon the face of each registration
24record card for the notation of the voting record of the person
25registered thereon.

SB3530- 10 -LRB101 19092 SMS 68552 b
1 Each registration record card shall be numbered according
2to precincts, and may be serially or otherwise marked for
3identification in such manner as the county clerk may
4determine.
5 The registration cards shall be deemed public records and
6shall be open to inspection during regular business hours,
7except during the 27 days immediately preceding any election.
8On written request of any candidate or objector or any person
9intending to object to a petition, the election authority shall
10extend its hours for inspection of registration cards and other
11records of the election authority during the period beginning
12with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1328-3 and continuing through the termination of electoral board
14hearings on any objections to petitions containing signatures
15of registered voters in the jurisdiction of the election
16authority. The extension shall be for a period of hours
17sufficient to allow adequate opportunity for examination of the
18records but the election authority is not required to extend
19its hours beyond the period beginning at its normal opening for
20business and ending at midnight. If the business hours are so
21extended, the election authority shall post a public notice of
22such extended hours. Registration record cards may also be
23inspected, upon approval of the officer in charge of the cards,
24during the 27 days immediately preceding any election.
25Registration record cards shall also be open to inspection by
26certified judges and poll watchers and challengers at the

SB3530- 11 -LRB101 19092 SMS 68552 b
1polling place on election day, but only to the extent necessary
2to determine the question of the right of a person to vote or
3to serve as a judge of election. At no time shall poll watchers
4or challengers be allowed to physically handle the registration
5record cards.
6 Updated copies of computer tapes or computer discs or other
7electronic data processing information containing voter
8registration information shall be furnished by the county clerk
9within 10 days after December 15 and May 15 each year and
10within 10 days after each registration period is closed to the
11State Board of Elections in a form prescribed by the Board. For
12the purposes of this Section, a registration period is closed
1327 days before the date of any regular or special election.
14Registration information shall include, but not be limited to,
15the following information: name, sex, residence, telephone
16number, if any, age, party affiliation, if applicable,
17precinct, ward, township, county, and representative,
18legislative and congressional districts. In the event of
19noncompliance, the State Board of Elections is directed to
20obtain compliance forthwith with this nondiscretionary duty of
21the election authority by instituting legal proceedings in the
22circuit court of the county in which the election authority
23maintains the registration information. The costs of
24furnishing updated copies of tapes or discs shall be paid at a
25rate of $.00034 per name of registered voters in the election
26jurisdiction, but not less than $50 per tape or disc and shall

SB3530- 12 -LRB101 19092 SMS 68552 b
1be paid from appropriations made to the State Board of
2Elections for reimbursement to the election authority for such
3purpose. The State Board shall furnish copies of such tapes,
4discs, other electronic data or compilations thereof to state
5political committees registered pursuant to the Illinois
6Campaign Finance Act or the Federal Election Campaign Act and
7to governmental entities, at their request and at a reasonable
8cost. To protect the privacy and confidentiality of voter
9registration information, the disclosure of electronic voter
10registration records to any person or entity other than to a
11State or local political committee and other than to a
12governmental entity for a governmental purpose is specifically
13prohibited except as follows: subject to security measures
14adopted by the State Board of Elections which, at a minimum,
15shall include the keeping of a catalog or database, available
16for public view, including the name, address, and telephone
17number of the person viewing the list as well as the time of
18that viewing, any person may view the centralized statewide
19voter registration list on a computer screen at the Springfield
20office of the State Board of Elections, during normal business
21hours other than during the 27 days before an election, but the
22person viewing the list under this exception may not print,
23duplicate, transmit, or alter the list. Copies of the tapes,
24discs, or other electronic data shall be furnished by the
25county clerk to local political committees and governmental
26entities at their request and at a reasonable cost. Reasonable

SB3530- 13 -LRB101 19092 SMS 68552 b
1cost of the tapes, discs, et cetera for this purpose would be
2the cost of duplication plus 15% for administration. The
3individual representing a political committee requesting
4copies of such tapes shall make a sworn affidavit that the
5information shall be used only for bona fide political
6purposes, including by or for candidates for office or
7incumbent office holders. Such tapes, discs or other electronic
8data shall not be used under any circumstances by any political
9committee or individuals for purposes of commercial
10solicitation or other business purposes. If such tapes contain
11information on county residents related to the operations of
12county government in addition to registration information,
13that information shall not be used under any circumstances for
14commercial solicitation or other business purposes. The
15prohibition in this Section against using the computer tapes or
16computer discs or other electronic data processing information
17containing voter registration information for purposes of
18commercial solicitation or other business purposes shall be
19prospective only from the effective date of this amended Act of
201979. Any person who violates this provision shall be guilty of
21a Class 4 felony.
22 The State Board of Elections shall promulgate, by October
231, 1987, such regulations as may be necessary to ensure
24uniformity throughout the State in electronic data processing
25of voter registration information. The regulations shall
26include, but need not be limited to, specifications for uniform

SB3530- 14 -LRB101 19092 SMS 68552 b
1medium, communications protocol and file structure to be
2employed by the election authorities of this State in the
3electronic data processing of voter registration information.
4Each election authority utilizing electronic data processing
5of voter registration information shall comply with such
6regulations on and after May 15, 1988.
7 If the applicant for registration was last registered in
8another county within this State, he shall also sign a
9certificate authorizing cancellation of the former
10registration. The certificate shall be in substantially the
11following form:
12To the County Clerk of.... County, Illinois. (or)
13To the Election Commission of the City of ...., Illinois.
14 This is to certify that I am registered in your (county)
15(city) and that my residence was ............................
16Having moved out of your (county) (city), I hereby authorize
17you to cancel said registration in your office.
18Dated at ...., Illinois, on (insert date).
19
.................................
20
(Signature of Voter)
21Attest: ................, County Clerk, .............
22County, Illinois.
23 The cancellation certificate shall be mailed immediately
24by the County Clerk to the County Clerk (or election commission
25as the case may be) where the applicant was formerly
26registered. Receipt of such certificate shall be full authority

SB3530- 15 -LRB101 19092 SMS 68552 b
1for cancellation of any previous registration.
2(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
3 (10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)
4 Sec. 4-8.01. If an applicant for registration reports a
5permanent physical disability which would require assistance
6in voting, the county clerk shall mark all his registration
7cards in the right margin on the front of the card with a band
8of ink running the full margin which shall be of contrast to,
9and easily distinguishable from, the color of the card. If an
10applicant for registration declares upon properly witnessed
11oath, with his signature or mark affixed, that he cannot read
12the English language and that he will require assistance in
13voting, all his registration cards shall be marked in a manner
14similar to the marking on the cards of a voter who requires
15assistance because of physical disability, except that the
16marking shall be of a different distinguishing color. Following
17each election the cards of any voter who has requested
18assistance as a voter with a disability, and has stated that
19the disability is permanent, or who has received assistance
20because of inability to read the English language, shall be
21marked in the same manner.
22(Source: P.A. 99-143, eff. 7-27-15.)
23 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
24 Sec. 5-7. The county clerk shall provide a sufficient

SB3530- 16 -LRB101 19092 SMS 68552 b
1number of blank forms for the registration of electors which
2shall be known as registration record cards and which shall
3consist of loose leaf sheets or cards, of suitable size to
4contain in plain writing and figures the data hereinafter
5required thereon or shall consist of computer cards of suitable
6nature to contain the data required thereon. The registration
7record cards, which shall include an affidavit of registration
8as hereinafter provided, shall be executed in duplicate.
9 The registration record card shall contain the following
10and such other information as the county clerk may think it
11proper to require for the identification of the applicant for
12registration:
13 Name. The name of the applicant, giving surname and first
14or Christian name in full, and the middle name or the initial
15for such middle name, if any.
16 Sex.
17 Residence. The name and number of the street, avenue, or
18other location of the dwelling, including the apartment, unit
19or room number, if any, and in the case of a mobile home the lot
20number, and such additional clear and definite description as
21may be necessary to determine the exact location of the
22dwelling of the applicant, including post-office mailing
23address. In the case of a homeless individual, the individual's
24voting residence that is his or her mailing address shall be
25included on his or her registration record card.
26 Term of residence in the State of Illinois and the

SB3530- 17 -LRB101 19092 SMS 68552 b
1precinct. Which questions may be answered by the applicant
2stating, in excess of 30 days in the State and in excess of 30
3days in the precinct.
4 Nativity. The State or country in which the applicant was
5born.
6 Citizenship. Whether the applicant is native born or
7naturalized. If naturalized, the court, place and date of
8naturalization.
9 Date of application for registration, i.e., the day, month
10and year when applicant presented himself for registration.
11 Age. Date of birth, by month, day and year.
12 Disability Physical disability of the applicant, if any, at
13the time of registration, which would require assistance in
14voting.
15 The county and state in which the applicant was last
16registered.
17 Electronic mail address, if any.
18 Signature of voter. The applicant, after the registration
19and in the presence of a deputy registrar or other officer of
20registration shall be required to sign his or her name in ink
21or digitized form to the affidavit on the original and
22duplicate registration record card.
23 Signature of Deputy Registrar.
24 In case applicant is unable to sign his name, he may affix
25his mark to the affidavit. In such case the officer empowered
26to give the registration oath shall write a detailed

SB3530- 18 -LRB101 19092 SMS 68552 b
1description of the applicant in the space provided at the
2bottom of the card or sheet; and shall ask the following
3questions and record the answers thereto:
4 Father's first name .......................
5 Mother's first name .......................
6 From what address did you last register?
7 Reason for inability to sign name.
8 Each applicant for registration shall make an affidavit in
9substantially the following form:
10
AFFIDAVIT OF REGISTRATION
11State of Illinois)
12 )ss
13County of )
14 I hereby swear (or affirm) that I am a citizen of the
15United States; that on the date of the next election I shall
16have resided in the State of Illinois and in the election
17precinct in which I reside 30 days; that I am fully qualified
18to vote. That I intend that this location shall be my residence
19and that the above statements are true.
20
..............................
21
(His or her signature or mark)
22 Subscribed and sworn to before me on (insert date).
23.........................................
24 Signature of Registration Officer.
25(To be signed in presence of Registrant.)

SB3530- 19 -LRB101 19092 SMS 68552 b
1 Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4 Each registration record card shall be numbered according
5to towns and precincts, wards, cities and villages, as the case
6may be, and may be serially or otherwise marked for
7identification in such manner as the county clerk may
8determine.
9 The registration cards shall be deemed public records and
10shall be open to inspection during regular business hours,
11except during the 27 days immediately preceding any election.
12On written request of any candidate or objector or any person
13intending to object to a petition, the election authority shall
14extend its hours for inspection of registration cards and other
15records of the election authority during the period beginning
16with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1728-3 and continuing through the termination of electoral board
18hearings on any objections to petitions containing signatures
19of registered voters in the jurisdiction of the election
20authority. The extension shall be for a period of hours
21sufficient to allow adequate opportunity for examination of the
22records but the election authority is not required to extend
23its hours beyond the period beginning at its normal opening for
24business and ending at midnight. If the business hours are so
25extended, the election authority shall post a public notice of
26such extended hours. Registration record cards may also be

SB3530- 20 -LRB101 19092 SMS 68552 b
1inspected, upon approval of the officer in charge of the cards,
2during the 27 days immediately preceding any election.
3Registration record cards shall also be open to inspection by
4certified judges and poll watchers and challengers at the
5polling place on election day, but only to the extent necessary
6to determine the question of the right of a person to vote or
7to serve as a judge of election. At no time shall poll watchers
8or challengers be allowed to physically handle the registration
9record cards.
10 Updated copies of computer tapes or computer discs or other
11electronic data processing information containing voter
12registration information shall be furnished by the county clerk
13within 10 days after December 15 and May 15 each year and
14within 10 days after each registration period is closed to the
15State Board of Elections in a form prescribed by the Board. For
16the purposes of this Section, a registration period is closed
1727 days before the date of any regular or special election.
18Registration information shall include, but not be limited to,
19the following information: name, sex, residence, telephone
20number, if any, age, party affiliation, if applicable,
21precinct, ward, township, county, and representative,
22legislative and congressional districts. In the event of
23noncompliance, the State Board of Elections is directed to
24obtain compliance forthwith with this nondiscretionary duty of
25the election authority by instituting legal proceedings in the
26circuit court of the county in which the election authority

SB3530- 21 -LRB101 19092 SMS 68552 b
1maintains the registration information. The costs of
2furnishing updated copies of tapes or discs shall be paid at a
3rate of $.00034 per name of registered voters in the election
4jurisdiction, but not less than $50 per tape or disc and shall
5be paid from appropriations made to the State Board of
6Elections for reimbursement to the election authority for such
7purpose. The State Board shall furnish copies of such tapes,
8discs, other electronic data or compilations thereof to state
9political committees registered pursuant to the Illinois
10Campaign Finance Act or the Federal Election Campaign Act and
11to governmental entities, at their request and at a reasonable
12cost. To protect the privacy and confidentiality of voter
13registration information, the disclosure of electronic voter
14registration records to any person or entity other than to a
15State or local political committee and other than to a
16governmental entity for a governmental purpose is specifically
17prohibited except as follows: subject to security measures
18adopted by the State Board of Elections which, at a minimum,
19shall include the keeping of a catalog or database, available
20for public view, including the name, address, and telephone
21number of the person viewing the list as well as the time of
22that viewing, any person may view the centralized statewide
23voter registration list on a computer screen at the Springfield
24office of the State Board of Elections, during normal business
25hours other than during the 27 days before an election, but the
26person viewing the list under this exception may not print,

SB3530- 22 -LRB101 19092 SMS 68552 b
1duplicate, transmit, or alter the list. Copies of the tapes,
2discs or other electronic data shall be furnished by the county
3clerk to local political committees and governmental entities
4at their request and at a reasonable cost. Reasonable cost of
5the tapes, discs, et cetera for this purpose would be the cost
6of duplication plus 15% for administration. The individual
7representing a political committee requesting copies of such
8tapes shall make a sworn affidavit that the information shall
9be used only for bona fide political purposes, including by or
10for candidates for office or incumbent office holders. Such
11tapes, discs or other electronic data shall not be used under
12any circumstances by any political committee or individuals for
13purposes of commercial solicitation or other business
14purposes. If such tapes contain information on county residents
15related to the operations of county government in addition to
16registration information, that information shall not be used
17under any circumstances for commercial solicitation or other
18business purposes. The prohibition in this Section against
19using the computer tapes or computer discs or other electronic
20data processing information containing voter registration
21information for purposes of commercial solicitation or other
22business purposes shall be prospective only from the effective
23date of this amended Act of 1979. Any person who violates this
24provision shall be guilty of a Class 4 felony.
25 The State Board of Elections shall promulgate, by October
261, 1987, such regulations as may be necessary to ensure

SB3530- 23 -LRB101 19092 SMS 68552 b
1uniformity throughout the State in electronic data processing
2of voter registration information. The regulations shall
3include, but need not be limited to, specifications for uniform
4medium, communications protocol and file structure to be
5employed by the election authorities of this State in the
6electronic data processing of voter registration information.
7Each election authority utilizing electronic data processing
8of voter registration information shall comply with such
9regulations on and after May 15, 1988.
10 If the applicant for registration was last registered in
11another county within this State, he shall also sign a
12certificate authorizing cancellation of the former
13registration. The certificate shall be in substantially the
14following form:
15To the County Clerk of .... County, Illinois. To the Election
16Commission of the City of ...., Illinois.
17 This is to certify that I am registered in your (county)
18(city) and that my residence was .....
19 Having moved out of your (county) (city), I hereby
20authorize you to cancel said registration in your office.
21Dated at .... Illinois, on (insert date).
22
....................
23
(Signature of Voter)
24
Attest ......, County Clerk, ........ County, Illinois.
25 The cancellation certificate shall be mailed immediately
26by the county clerk to the county clerk (or election commission

SB3530- 24 -LRB101 19092 SMS 68552 b
1as the case may be) where the applicant was formerly
2registered. Receipt of such certificate shall be full authority
3for cancellation of any previous registration.
4(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
5 (10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)
6 Sec. 5-7.01. If an applicant for registration reports a
7permanent physical disability which would require assistance
8in voting, the county clerk shall mark all his registration
9cards in the right margin on the front of the card with a band
10of ink running the full margin which shall be of contrast to,
11and easily distinguishable from, the color of the card. If an
12applicant for registration declares upon properly witnessed
13oath, with his signature or mark affixed, that he cannot read
14the English language and that he will require assistance in
15voting, all his registration cards shall be marked in a manner
16similar to the marking on the cards of a voter who requires
17assistance because of physical disability, except that the
18marking shall be of a different distinguishing color. Following
19each election the cards of any voter who has requested
20assistance as a voter with a disability, and has stated that
21the disability is permanent, or who has received assistance
22because of inability to read the English language, shall be
23marked in the same manner.
24(Source: P.A. 99-143, eff. 7-27-15.)

SB3530- 25 -LRB101 19092 SMS 68552 b
1 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
2 Sec. 6-35. The Boards of Election Commissioners shall
3provide a sufficient number of blank forms for the registration
4of electors which shall be known as registration record cards
5and which shall consist of loose leaf sheets or cards, of
6suitable size to contain in plain writing and figures the data
7hereinafter required thereon or shall consist of computer cards
8of suitable nature to contain the data required thereon. The
9registration record cards, which shall include an affidavit of
10registration as hereinafter provided, shall be executed in
11duplicate. The duplicate of which may be a carbon copy of the
12original or a copy of the original made by the use of other
13method or material used for making simultaneous true copies or
14duplications.
15 The registration record card shall contain the following
16and such other information as the Board of Election
17Commissioners may think it proper to require for the
18identification of the applicant for registration:
19 Name. The name of the applicant, giving surname and first
20or Christian name in full, and the middle name or the initial
21for such middle name, if any.
22 Sex.
23 Residence. The name and number of the street, avenue, or
24other location of the dwelling, including the apartment, unit
25or room number, if any, and in the case of a mobile home the lot
26number, and such additional clear and definite description as

SB3530- 26 -LRB101 19092 SMS 68552 b
1may be necessary to determine the exact location of the
2dwelling of the applicant, including post-office mailing
3address. In the case of a homeless individual, the individual's
4voting residence that is his or her mailing address shall be
5included on his or her registration record card.
6 Term of residence in the State of Illinois and the
7precinct.
8 Nativity. The state or country in which the applicant was
9born.
10 Citizenship. Whether the applicant is native born or
11naturalized. If naturalized, the court, place, and date of
12naturalization.
13 Date of application for registration, i.e., the day, month
14and year when the applicant presented himself for registration.
15 Age. Date of birth, by month, day and year.
16 Disability Physical disability of the applicant, if any, at
17the time of registration, which would require assistance in
18voting.
19 The county and state in which the applicant was last
20registered.
21 Electronic mail address, if any.
22 Signature of voter. The applicant, after registration and
23in the presence of a deputy registrar or other officer of
24registration shall be required to sign his or her name in ink
25or digitized form to the affidavit on both the original and the
26duplicate registration record card.

SB3530- 27 -LRB101 19092 SMS 68552 b
1 Signature of deputy registrar.
2 In case applicant is unable to sign his name, he may affix
3his mark to the affidavit. In such case the registration
4officer shall write a detailed description of the applicant in
5the space provided at the bottom of the card or sheet; and
6shall ask the following questions and record the answers
7thereto:
8 Father's first name .........................
9 Mother's first name .........................
10 From what address did you last register? ....
11 Reason for inability to sign name ...........
12 Each applicant for registration shall make an affidavit in
13substantially the following form:
14
AFFIDAVIT OF REGISTRATION
15State of Illinois )
16 )ss
17County of ....... )
18 I hereby swear (or affirm) that I am a citizen of the
19United States, that on the day of the next election I shall
20have resided in the State of Illinois and in the election
21precinct 30 days and that I intend that this location is my
22residence; that I am fully qualified to vote, and that the
23above statements are true.
24
..............................
25
(His or her signature or mark)
26 Subscribed and sworn to before me on (insert date).

SB3530- 28 -LRB101 19092 SMS 68552 b
1......................................
2 Signature of registration officer
3(to be signed in presence of registrant).
4 Space shall be provided upon the face of each registration
5record card for the notation of the voting record of the person
6registered thereon.
7 Each registration record card shall be numbered according
8to wards or precincts, as the case may be, and may be serially
9or otherwise marked for identification in such manner as the
10Board of Election Commissioners may determine.
11 The registration cards shall be deemed public records and
12shall be open to inspection during regular business hours,
13except during the 27 days immediately preceding any election.
14On written request of any candidate or objector or any person
15intending to object to a petition, the election authority shall
16extend its hours for inspection of registration cards and other
17records of the election authority during the period beginning
18with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1928-3 and continuing through the termination of electoral board
20hearings on any objections to petitions containing signatures
21of registered voters in the jurisdiction of the election
22authority. The extension shall be for a period of hours
23sufficient to allow adequate opportunity for examination of the
24records but the election authority is not required to extend
25its hours beyond the period beginning at its normal opening for
26business and ending at midnight. If the business hours are so

SB3530- 29 -LRB101 19092 SMS 68552 b
1extended, the election authority shall post a public notice of
2such extended hours. Registration record cards may also be
3inspected, upon approval of the officer in charge of the cards,
4during the 27 days immediately preceding any election.
5Registration record cards shall also be open to inspection by
6certified judges and poll watchers and challengers at the
7polling place on election day, but only to the extent necessary
8to determine the question of the right of a person to vote or
9to serve as a judge of election. At no time shall poll watchers
10or challengers be allowed to physically handle the registration
11record cards.
12 Updated copies of computer tapes or computer discs or other
13electronic data processing information containing voter
14registration information shall be furnished by the Board of
15Election Commissioners within 10 days after December 15 and May
1615 each year and within 10 days after each registration period
17is closed to the State Board of Elections in a form prescribed
18by the State Board. For the purposes of this Section, a
19registration period is closed 27 days before the date of any
20regular or special election. Registration information shall
21include, but not be limited to, the following information:
22name, sex, residence, telephone number, if any, age, party
23affiliation, if applicable, precinct, ward, township, county,
24and representative, legislative and congressional districts.
25In the event of noncompliance, the State Board of Elections is
26directed to obtain compliance forthwith with this

SB3530- 30 -LRB101 19092 SMS 68552 b
1nondiscretionary duty of the election authority by instituting
2legal proceedings in the circuit court of the county in which
3the election authority maintains the registration information.
4The costs of furnishing updated copies of tapes or discs shall
5be paid at a rate of $.00034 per name of registered voters in
6the election jurisdiction, but not less than $50 per tape or
7disc and shall be paid from appropriations made to the State
8Board of Elections for reimbursement to the election authority
9for such purpose. The State Board shall furnish copies of such
10tapes, discs, other electronic data or compilations thereof to
11state political committees registered pursuant to the Illinois
12Campaign Finance Act or the Federal Election Campaign Act and
13to governmental entities, at their request and at a reasonable
14cost. To protect the privacy and confidentiality of voter
15registration information, the disclosure of electronic voter
16registration records to any person or entity other than to a
17State or local political committee and other than to a
18governmental entity for a governmental purpose is specifically
19prohibited except as follows: subject to security measures
20adopted by the State Board of Elections which, at a minimum,
21shall include the keeping of a catalog or database, available
22for public view, including the name, address, and telephone
23number of the person viewing the list as well as the time of
24that viewing, any person may view the centralized statewide
25voter registration list on a computer screen at the Springfield
26office of the State Board of Elections, during normal business

SB3530- 31 -LRB101 19092 SMS 68552 b
1hours other than during the 27 days before an election, but the
2person viewing the list under this exception may not print,
3duplicate, transmit, or alter the list. Copies of the tapes,
4discs or other electronic data shall be furnished by the Board
5of Election Commissioners to local political committees and
6governmental entities at their request and at a reasonable
7cost. Reasonable cost of the tapes, discs, et cetera for this
8purpose would be the cost of duplication plus 15% for
9administration. The individual representing a political
10committee requesting copies of such tapes shall make a sworn
11affidavit that the information shall be used only for bona fide
12political purposes, including by or for candidates for office
13or incumbent office holders. Such tapes, discs or other
14electronic data shall not be used under any circumstances by
15any political committee or individuals for purposes of
16commercial solicitation or other business purposes. If such
17tapes contain information on county residents related to the
18operations of county government in addition to registration
19information, that information shall not be used under any
20circumstances for commercial solicitation or other business
21purposes. The prohibition in this Section against using the
22computer tapes or computer discs or other electronic data
23processing information containing voter registration
24information for purposes of commercial solicitation or other
25business purposes shall be prospective only from the effective
26date of this amended Act of 1979. Any person who violates this

SB3530- 32 -LRB101 19092 SMS 68552 b
1provision shall be guilty of a Class 4 felony.
2 The State Board of Elections shall promulgate, by October
31, 1987, such regulations as may be necessary to ensure
4uniformity throughout the State in electronic data processing
5of voter registration information. The regulations shall
6include, but need not be limited to, specifications for uniform
7medium, communications protocol and file structure to be
8employed by the election authorities of this State in the
9electronic data processing of voter registration information.
10Each election authority utilizing electronic data processing
11of voter registration information shall comply with such
12regulations on and after May 15, 1988.
13 If the applicant for registration was last registered in
14another county within this State, he shall also sign a
15certificate authorizing cancellation of the former
16registration. The certificate shall be in substantially the
17following form:
18To the County Clerk of .... County, Illinois.
19To the Election Commission of the City of ...., Illinois.
20 This is to certify that I am registered in your (county)
21(city) and that my residence was ..... Having moved out of your
22(county), (city), I hereby authorize you to cancel that
23registration in your office.
24 Dated at ...., Illinois, on (insert date).
25
....................
26
(Signature of Voter)

SB3530- 33 -LRB101 19092 SMS 68552 b
1 Attest ...., Clerk, Election Commission of the City of....,
2Illinois.
3 The cancellation certificate shall be mailed immediately
4by the clerk of the Election Commission to the county clerk,
5(or Election Commission as the case may be) where the applicant
6was formerly registered. Receipt of such certificate shall be
7full authority for cancellation of any previous registration.
8(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
9 (10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
10 Sec. 6-35.01. If an applicant for registration reports a
11permanent physical disability which would require assistance
12in voting, the board of election commissioners shall mark all
13his registration cards in the right margin on the front of the
14card with a band of ink running the full margin which shall be
15of contrast to, and easily distinguishable from, the color of
16the card. If an applicant for registration declares upon
17properly witnessed oath, with his signature or mark affixed,
18that he cannot read the English language and that he will
19require assistance in voting, all his registration cards shall
20be marked in a manner similar to the marking on the cards of a
21voter who requires assistance because of physical disability,
22except that the marking shall be of a different distinguishing
23color. Following each election the cards of any voter who has
24requested assistance as a voter with a disability, and has
25stated that the disability is permanent, or who has received

SB3530- 34 -LRB101 19092 SMS 68552 b
1assistance because of inability to read the English language,
2shall be marked in the same manner.
3(Source: P.A. 99-143, eff. 7-27-15.)
4 (10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
5 Sec. 7-47.1. (a) In the case of an emergency, as determined
6by the State Board of Elections, or if the Board determines
7that all potential polling places have been surveyed by the
8election authority and that no accessible polling place, as
9defined by rule of the State Board of Elections, is available
10within a precinct nor is the election authority able to make a
11polling place within the precinct temporarily accessible, the
12Board, upon written application by the election authority, is
13authorized to grant an exemption from the accessibility
14requirements of the Federal Voting Accessibility for the
15Elderly and Handicapped Act (Public Law 98-435). Such exemption
16shall be valid for a period of 2 years.
17 (b) Any temporarily or permanently physically disabled
18voter who, because of structural features of the building in
19which the polling place is located, is unable to access or
20enter the polling place, may request that 2 judges of election
21of opposite party affiliation deliver a ballot to him or her at
22the point where he or she is unable to continue forward motion
23toward the polling place; but, in no case, shall a ballot be
24delivered to the voter beyond 50 feet of the entrance to the
25building in which the polling place is located. Such request

SB3530- 35 -LRB101 19092 SMS 68552 b
1shall be made to the election authority not later than the
2close of business at the election authority's office on the day
3before the election and on a form prescribed by the State Board
4of Elections. The election authority shall notify the judges of
5election for the appropriate precinct polling places of such
6requests.
7 Weather permitting, 2 judges of election shall deliver to
8the disabled voter the ballot which he or she is entitled to
9vote, a portable voting booth or other enclosure that will
10allow such voter to mark his or her ballot in secrecy, and a
11marking device.
12 (c) The voter must complete the entire voting process,
13including the application for ballot from which the judges of
14election shall compare the voter's signature with the signature
15on his or her registration record card in the precinct binder.
16 After the voter has marked his or her ballot and placed it
17in the ballot envelope (or folded it in the manner prescribed
18for paper ballots), the 2 judges of election shall return the
19ballot to the polling place and give it to the judge in charge
20of the ballot box who shall deposit it therein.
21 Pollwatchers as provided in Sections 7-34 and 17-23 of this
22Code shall be permitted to accompany the judges and observe the
23above procedure.
24 No assistance may be given to such voter in marking his or
25her ballot, unless the voter requests assistance and completes
26the affidavit required by Section 17-14 of this Code.

SB3530- 36 -LRB101 19092 SMS 68552 b
1(Source: P.A. 84-808.)
2 (10 ILCS 5/7-48) (from Ch. 46, par. 7-48)
3 Sec. 7-48. Any primary elector who may declare upon oath,
4properly witnessed and with his or her signature or mark
5affixed, that he or she requires assistance to vote by reason
6of blindness, physical disability or inability to read, write
7or speak the English language, shall, upon request, be assisted
8in marking his or her primary ballot in the same manner as
9provided by this Act for general elections.
10(Source: P.A. 84-808.)
11 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
12 Sec. 12-1. At least 75 60 days prior to each general and
13consolidated election, the election authority shall provide
14public notice, calculated to reach elderly voters and voters
15with disabilities, of the availability of registration and
16voting aids under the Federal Voting Accessibility for the
17Elderly and Handicapped Act, of the availability of assistance
18in marking the ballot, procedures for voting by vote by mail
19ballot, and procedures for voting early by personal appearance.
20 At least 30 days before any general election, and at least
2120 days before any special congressional election, the county
22clerk shall publish a notice of the election in 2 or more
23newspapers published in the county, city, village,
24incorporated town or town, as the case may be, or if there is

SB3530- 37 -LRB101 19092 SMS 68552 b
1no such newspaper, then in any 2 or more newspapers published
2in the county and having a general circulation throughout the
3community. The notice may be substantially as follows:
4 Notice is hereby given that on (give date), at (give the
5place of holding the election and the name of the precinct or
6district) in the county of (name county), an election will be
7held for (give the title of the several offices to be filled),
8which election will be open at 6:00 a.m. and continued open
9until 7:00 p.m. of that day.
10 Dated at .... on (insert date).
11(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
12 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
13 Sec. 17-14. Any voter who declares upon oath, properly
14witnessed and with his or her signature or mark affixed, that
15he or she requires assistance to vote by reason of blindness,
16physical disability or inability to read, write or speak the
17English language shall, upon request, be assisted in marking
18his or her ballot, by 2 judges of election of different
19political parties, to be selected by all judges of election of
20each precinct at the opening of the polls or by a person of the
21voter's choice, other than the voter's employer or agent of
22that employer or officer or agent of the voter's union. A voter
23who presents an Illinois Person with a Disability
24Identification Card, issued to that person under the provisions
25of the Illinois Identification Card Act, indicating that such

SB3530- 38 -LRB101 19092 SMS 68552 b
1voter has a Class 1A or Class 2 disability under the provisions
2of Section 4A of the Illinois Identification Card Act, or a
3voter who declares upon oath, properly witnessed, that by
4reason of any physical disability he is unable to mark his
5ballot shall, upon request, be assisted in marking his ballot
6by 2 of the election officers of different parties as provided
7above in this Section or by a person of the voter's choice
8other than the voter's employer or agent of that employer or
9officer or agent of the voter's union. Such voter shall state
10specifically the reason why he cannot vote without assistance
11and, in the case of a voter with a physical disability, what
12his physical disability is. Prior to entering the voting booth,
13the person providing the assistance, if other than 2 judges of
14election, shall be presented with written instructions on how
15assistance shall be provided. This instruction shall be
16prescribed by the State Board of Elections and shall include
17the penalties for attempting to influence the voter's choice of
18candidates, party, or votes in relation to any question on the
19ballot and for not marking the ballot as directed by the voter.
20Additionally, the person providing the assistance shall sign an
21oath, swearing not to influence the voter's choice of
22candidates, party, or votes in relation to any question on the
23ballot and to cast the ballot as directed by the voter. The
24oath shall be prescribed by the State Board of Elections and
25shall include the penalty for violating this Section. In the
26voting booth, such person shall mark the ballot as directed by

SB3530- 39 -LRB101 19092 SMS 68552 b
1the voter, and shall thereafter give no information regarding
2the same. The judges of election shall enter upon the poll
3lists or official poll record after the name of any elector who
4received such assistance in marking his ballot a memorandum of
5the fact and if the disability is permanent. Intoxication shall
6not be regarded as a physical disability, and no intoxicated
7person shall be entitled to assistance in marking his ballot.
8 No person shall secure or attempt to secure assistance in
9voting who is not blind, a person with a physical disability,
10or illiterate as herein provided, nor shall any person
11knowingly assist a voter in voting contrary to the provisions
12of this Section.
13(Source: P.A. 99-143, eff. 7-27-15.)
14 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
15 Sec. 19-5. It shall be the duty of the election authority
16to fold the ballot or ballots in the manner specified by the
17statute for folding ballots prior to their deposit in the
18ballot box, and to enclose such ballot or ballots in an
19envelope unsealed to be furnished by him, which envelope shall
20bear upon the face thereof the name, official title and post
21office address of the election authority, and upon the other
22side a printed certification in substantially the following
23form:
24 I state that I am a resident of the .... precinct of the
25(1) *township of .... (2) *City of .... or (3) *.... ward in

SB3530- 40 -LRB101 19092 SMS 68552 b
1the city of .... residing at .... in such city or town in the
2county of .... and State of Illinois, that I have lived at such
3address for .... months last past; and that I am lawfully
4entitled to vote in such precinct at the .... election to be
5held on .....
6*fill in either (1), (2) or (3).
7 I further state that I personally marked the enclosed
8ballot in secret.
9 Under penalties of perjury as provided by law pursuant to
10Section 29-10 of The Election Code, the undersigned certifies
11that the statements set forth in this certification are true
12and correct.
13
.......................
14 If the ballot is to go to an elector who is physically
15incapacitated and needs assistance marking the ballot, the
16envelope shall bear upon the back thereof a certification in
17substantially the following form:
18 I state that I am a resident of the .... precinct of the
19(1) *township of .... (2) *City of .... or (3) *.... ward in
20the city of .... residing at .... in such city or town in the
21county of .... and State of Illinois, that I have lived at such
22address for .... months last past; that I am lawfully entitled
23to vote in such precinct at the .... election to be held on
24....; that I am physically incapable of personally marking the
25ballot for such election.
26*fill in either (1), (2) or (3).

SB3530- 41 -LRB101 19092 SMS 68552 b
1 I further state that I marked the enclosed ballot in secret
2with the assistance of
3
.................................
4
(Individual rendering assistance)
5
.................................
6
(Residence Address)
7 Under penalties of perjury as provided by law pursuant to
8Section 29-10 of The Election Code, the undersigned certifies
9that the statements set forth in this certification are true
10and correct.
11
.......................
12 In the case of a voter with a physical incapacity, marking
13a ballot in secret includes marking a ballot with the
14assistance of another individual, other than a candidate whose
15name appears on the ballot (unless the voter is the spouse or a
16parent, child, brother, or sister of the candidate), the
17voter's employer, an agent of that employer, or an officer or
18agent of the voter's union, when the voter's physical
19incapacity necessitates such assistance.
20 In the case of a physically incapacitated voter, marking a
21ballot in secret includes marking a ballot with the assistance
22of another individual, other than a candidate whose name
23appears on the ballot (unless the voter is the spouse or a
24parent, child, brother, or sister of the candidate), the
25voter's employer, an agent of that employer, or an officer or
26agent of the voter's union, when the voter's physical

SB3530- 42 -LRB101 19092 SMS 68552 b
1incapacity necessitates such assistance.
2 Provided, that if the ballot enclosed is to be voted at a
3primary election, the certification shall designate the name of
4the political party with which the voter is affiliated.
5 In addition to the above, the election authority shall
6provide printed slips giving full instructions regarding the
7manner of marking and returning the ballot in order that the
8same may be counted, and shall furnish one of such printed
9slips to each of such applicants at the same time the ballot is
10delivered to him. Such instructions shall include the following
11statement: "In signing the certification on the vote by mail
12ballot envelope, you are attesting that you personally marked
13this vote by mail ballot in secret. If you are physically
14unable to mark the ballot, a friend or relative may assist you
15after completing the enclosed affidavit. Federal and State laws
16prohibit a candidate whose name appears on the ballot (unless
17you are the spouse or a parent, child, brother, or sister of
18the candidate), your employer, your employer's agent or an
19officer or agent of your union from assisting voters with
20physical disabilities."
21 In addition to the above, if a ballot to be provided to an
22elector pursuant to this Section contains a public question
23described in subsection (b) of Section 28-6 and the territory
24concerning which the question is to be submitted is not
25described on the ballot due to the space limitations of such
26ballot, the election authority shall provide a printed copy of

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1a notice of the public question, which shall include a
2description of the territory in the manner required by Section
316-7. The notice shall be furnished to the elector at the same
4time the ballot is delivered to the elector.
5(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
6 (10 ILCS 5/19A-40)
7 Sec. 19A-40. Enclosure of ballots in envelope. It is the
8duty of the election judge or official to fold the ballot or
9ballots in the manner specified by the statute for folding
10ballots prior to their deposit in the ballot box, and to
11enclose the ballot or ballots in an envelope unsealed to be
12furnished by him or her, which envelope shall bear upon the
13face thereof the name, official title, and post office address
14of the election authority, and upon the other side a printed
15certification in substantially the following form:
16 I state that I am a resident of the .... precinct of the
17(1) *township of .... (2) *City of .... or (3) *.... ward in
18the city of .... residing at .... in that city or town in the
19county of .... and State of Illinois, that I have lived at that
20address for .... months last past; that I am lawfully entitled
21to vote in that precinct at the .... election to be held on
22.... .
23*fill in either (1), (2) or (3).
24 I further state that I personally marked the enclosed
25ballot in secret.

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1 Under penalties of perjury as provided by law pursuant to
2Section 29-10 of the Election Code, the undersigned certifies
3that the statements set forth in this certification are true
4and correct.
5
.......................
6 If the ballot enclosed is to be voted at a primary
7election, the certification shall designate the name of the
8political party with which the voter is affiliated.
9 In addition to the above, the election authority shall
10provide printed slips giving full instructions regarding the
11manner of marking and returning the ballot in order that the
12same may be counted, and shall furnish one of the printed slips
13to each of such applicants at the same time the ballot is
14delivered to him or her. The instructions shall include the
15following statement: "In signing the certification on the early
16ballot envelope, you are attesting that you personally marked
17this early ballot in secret. If you are physically unable to
18mark the ballot, a friend or relative may assist you. Federal
19and State laws prohibit your employer, your employer's agent,
20or an officer or agent of your union from assisting voters with
21physical disabilities."
22 In addition to the above, if a ballot to be provided to a
23voter pursuant to this Section contains a public question
24described in subsection (b) of Section 28-6 and the territory
25concerning which the question is to be submitted is not
26described on the ballot due to the space limitations of the

SB3530- 45 -LRB101 19092 SMS 68552 b
1ballot, the election authority shall provide a printed copy of
2a notice of the public question, which shall include a
3description of the territory in the manner required by Section
416-7. The notice shall be furnished to the voter at the same
5time the ballot is delivered to the voter.
6(Source: P.A. 99-143, eff. 7-27-15.)
7 (10 ILCS 5/24C-11)
8 Sec. 24C-11. Functional requirements. A Direct Recording
9Electronic Voting System shall, in addition to satisfying the
10other requirements of this Article, fulfill the following
11functional requirements:
12 (a) Provide a voter in a primary election with the means of
13casting a ballot containing votes for any and all candidates of
14the party or parties of his or her choice, and for any and all
15non-partisan candidates and public questions and preclude the
16voter from voting for any candidate of any other political
17party except when legally permitted. In a general election, the
18system shall provide the voter with means of selecting the
19appropriate number of candidates for any office, and of voting
20on any public question on the ballot to which he or she is
21entitled to vote.
22 (b) If a voter is not entitled to vote for particular
23candidates or public questions appearing on the ballot, the
24system shall prevent the selection of the prohibited votes.
25 (c) Once the proper ballot has been selected, the system

SB3530- 46 -LRB101 19092 SMS 68552 b
1devices shall provide a means of enabling the recording of
2votes and the casting of said ballot.
3 (d) System voting devices shall provide voting choices that
4are clear to the voter and labels indicating the names of every
5candidate and the text of every public question on the voter's
6ballot. Each label shall identify the selection button or
7switch, or the active area of the ballot associated with it.
8The system shall be able to incorporate minimal, easy-to-follow
9on-screen instruction for the voter on how to cast a ballot.
10 (e) Voting devices shall (i) enable the voter to vote for
11any and all candidates and public questions appearing on the
12ballot for which the voter is lawfully entitled to vote, in any
13legal number and combination; (ii) detect and reject all votes
14for an office or upon a public question when the voter has cast
15more votes for the office or upon the public question than the
16voter is entitled to cast; (iii) notify the voter if the
17voter's choices as recorded on the ballot for an office or
18public question are fewer than or exceed the number that the
19voter is entitled to vote for on that office or public question
20and the effect of casting more or fewer votes than legally
21permitted; (iv) notify the voter if the voter has failed to
22completely cast a vote for an office or public question
23appearing on the ballot; and (v) permit the voter, in a private
24and independent manner, to verify the votes selected by the
25voter, to change the ballot or to correct any error on the
26ballot before the ballot is completely cast and counted. A

SB3530- 47 -LRB101 19092 SMS 68552 b
1means shall be provided to indicate each selection after it has
2been made or canceled.
3 (f) System voting devices shall provide a means for the
4voter to signify that the selection of candidates and public
5questions has been completed. Upon activation, the system shall
6record an image of the completed ballot, increment the proper
7ballot position registers, and shall signify to the voter that
8the ballot has been cast. The system shall then prevent any
9further attempt to vote until it has been reset or re-enabled
10by a judge of election.
11 (g) Each system voting device shall be equipped with a
12public counter that can be set to zero prior to the opening of
13the polling place, and that records the number of ballots cast
14at a particular election. The counter shall be incremented only
15by the casting of a ballot. The counter shall be designed to
16prevent disabling or resetting by other than authorized persons
17after the polls close. The counter shall be visible to all
18judges of election so long as the device is installed at the
19polling place.
20 (h) Each system voting device shall be equipped with a
21protective counter that records all of the testing and election
22ballots cast since the unit was built. This counter shall be
23designed so that its reading cannot be changed by any cause
24other than the casting of a ballot. The protective counter
25shall be incapable of ever being reset and it shall be visible
26at all times when the device is configured for testing,

SB3530- 48 -LRB101 19092 SMS 68552 b
1maintenance, or election use.
2 (i) All system devices shall provide a means of preventing
3further voting once the polling place has closed and after all
4eligible voters have voted. Such means of control shall
5incorporate a visible indication of system status. Each device
6shall prevent any unauthorized use, prevent tampering with
7ballot labels and preclude its re-opening once the poll closing
8has been completed for that election.
9 (j) The system shall produce a printed summary report of
10the votes cast upon each voting device. Until the proper
11sequence of events associated with closing the polling place
12has been completed, the system shall not allow the printing of
13a report or the extraction of data. The printed report shall
14also contain all system audit information to be required by the
15election authority. Data shall not be altered or otherwise
16destroyed by report generation and the system shall ensure the
17integrity and security of data for a period of at least 6
18months after the polls close.
19 (k) If more than one voting device is used in a polling
20place, the system shall provide a means to manually or
21electronically consolidate the data from all such units into a
22single report even if different voting systems are used to
23record ballots. The system shall also be capable of merging the
24vote tabulation results produced by other vote tabulation
25systems, if necessary.
26 (l) System functions shall be implemented such that

SB3530- 49 -LRB101 19092 SMS 68552 b
1unauthorized access to them is prevented and the execution of
2authorized functions in an improper sequence is precluded.
3System functions shall be executable only in the intended
4manner and order, and only under the intended conditions. If
5the preconditions to a system function have not been met, the
6function shall be precluded from executing by the system's
7control logic.
8 (m) All system voting devices shall incorporate at least 3
9memories in the machine itself and in its programmable memory
10devices.
11 (n) The system shall include capabilities of recording and
12reporting the date and time of normal and abnormal events and
13of maintaining a permanent record of audit information that
14cannot be turned off. Provisions shall be made to detect and
15record significant events (e.g., casting a ballot, error
16conditions that cannot be disposed of by the system itself,
17time-dependent or programmed events that occur without the
18intervention of the voter or a judge of election).
19 (o) The system and each system voting device must be
20capable of creating, printing and maintaining a permanent paper
21record and an electronic image of each ballot that is cast such
22that records of individual ballots are maintained by a
23subsystem independent and distinct from the main vote
24detection, interpretation, processing and reporting path. The
25electronic images of each ballot must protect the integrity of
26the data and the anonymity of each voter, for example, by means

SB3530- 50 -LRB101 19092 SMS 68552 b
1of storage location scrambling. The ballot image records may be
2either machine-readable or manually transcribed, or both, at
3the discretion of the election authority.
4 (p) The system shall include built-in test, measurement and
5diagnostic software and hardware for detecting and reporting
6the system's status and degree of operability.
7 (q) The system shall contain provisions for maintaining the
8integrity of memory voting and audit data during an election
9and for a period of at least 6 months thereafter and shall
10provide the means for creating an audit trail.
11 (r) The system shall be fully accessible so as to permit
12blind or visually impaired voters as well as voters with
13physical disabilities to exercise their right to vote in
14private and without assistance.
15 (s) The system shall provide alternative language
16accessibility if required pursuant to Section 203 of the Voting
17Rights Act of 1965.
18 (t) Each voting device shall enable a voter to vote for a
19person whose name does not appear on the ballot.
20 (u) The system shall record and count accurately each vote
21properly cast for or against any candidate and for or against
22any public question, including the names of all candidates
23whose names are written in by the voters.
24 (v) The system shall allow for accepting provisional
25ballots and for separating such provisional ballots from
26precinct totals until authorized by the election authority.

SB3530- 51 -LRB101 19092 SMS 68552 b
1 (w) The system shall provide an effective audit trail as
2defined in Section 24C-2 in this Code.
3 (x) The system shall be suitably designed for the purpose
4used, be durably constructed, and be designed for safety,
5accuracy and efficiency.
6 (y) The system shall comply with all provisions of federal,
7State and local election laws and regulations and any future
8modifications to those laws and regulations.
9(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
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