Bill Text: IL HB3028 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the a voter who has been issued an absentee ballot may vote in person without surrendering the absentee ballot if the voter submits an affidavit executed before the election judges specifying that the voter received the absentee ballot but did not submit the ballot to the election authority. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3028 Detail]

Download: Illinois-2011-HB3028-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3028 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/18-5 from Ch. 46, par. 18-5
Amends the Election Code. Provides that the a voter who has been issued an absentee ballot may vote in person without surrendering the absentee ballot if the voter submits an affidavit executed before the election judges specifying that the voter received the absentee ballot but did not submit the ballot to the election authority. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 17-9 and 18-5 as follows:
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote shall give his name
and, if required to do so, his residence to the judges of
election, one of whom shall thereupon announce the same in a
loud and distinct tone of voice, clear, and audible; the judges
of elections shall check each application for ballot against
the list of voters registered in that precinct to whom grace
period, absentee, or early ballots have been issued for that
election, which shall be provided by the election authority and
which list shall be available for inspection by pollwatchers. A
voter applying to vote in the precinct on election day whose
name appears on the list as having been issued a grace period,
absentee, or early ballot shall not be permitted to vote in the
precinct, except that a voter to whom an absentee ballot was
issued may vote in the precinct if the voter submits to the
election judges that absentee ballot for cancellation. If the
voter is unable to submit the absentee ballot, it shall be
sufficient for the voter to submit to the election judges (i) a

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portion of the absentee ballot if the absentee ballot was torn
or mutilated or (ii) an affidavit executed before the election
judges specifying that (A) the voter never received an absentee
ballot, or (B) the voter completed and returned an absentee
ballot and was informed that the election authority did not
receive that absentee ballot, or (C) the voter received the
absentee ballot but did not submit the ballot to the election
authority. All applicable provisions of Articles 4, 5 or 6
shall be complied with and if such name is found on the
register of voters by the officer having charge thereof, he
shall likewise repeat said name, and the voter shall be allowed
to enter within the proximity of the voting booths, as above
provided. One of the judges shall give the voter one, and only
one of each ballot to be voted at the election, on the back of
which ballots such judge shall indorse his initials in such
manner that they may be seen when each such ballot is properly
folded, and the voter's name shall be immediately checked on
the register list. In those election jurisdictions where
perforated ballot cards are utilized of the type on which
write-in votes can be cast above the perforation, the election
authority shall provide a space both above and below the
perforation for the judge's initials, and the judge shall
endorse his or her initials in both spaces. Whenever a proposal
for a constitutional amendment or for the calling of a
constitutional convention is to be voted upon at the election,
the separate blue ballot or ballots pertaining thereto shall,

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when being handed to the voter, be placed on top of the other
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter. At all
elections, when a registry may be required, if the name of any
person so desiring to vote at such election is not found on the
register of voters, he or she shall not receive a ballot until
he or she shall have complied with the law prescribing the
manner and conditions of voting by unregistered voters. If any
person desiring to vote at any election shall be challenged, he
or she shall not receive a ballot until he or she shall have
established his right to vote in the manner provided
hereinafter; and if he or she shall be challenged after he has
received his ballot, he shall not be permitted to vote until he
or she has fully complied with such requirements of the law
upon being challenged. Besides the election officer, not more
than 2 voters in excess of the whole number of voting booths
provided shall be allowed within the proximity of the voting
booths at one time. The provisions of this Act, so far as they
require the registration of voters as a condition to their
being allowed to vote shall not apply to persons otherwise
entitled to vote, who are, at the time of the election, or at
any time within 60 days prior to such election have been
engaged in the military or naval service of the United States,
and who appear personally at the polling place on election day
and produce to the judges of election satisfactory evidence

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thereof, but such persons, if otherwise qualified to vote,
shall be permitted to vote at such election without previous
registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
State of Illinois,)
) ss.
County of ........)
............... Precinct .......... Ward
I, ...., do solemnly swear (or affirm) that I am a citizen
of the United States, of the age of 18 years or over, and that
within the past 60 days prior to the date of this election at
which I am applying to vote, I have been engaged in the ....
(military or naval) service of the United States; and I am
qualified to vote under and by virtue of the Constitution and
laws of the State of Illinois, and that I am a legally
qualified voter of this precinct and ward except that I have,
because of such service, been unable to register as a voter;
that I now reside at .... (insert street and number, if any) in
this precinct and ward; that I have maintained a legal
residence in this precinct and ward for 30 days and in this
State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.

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The affidavit of any such person shall be supported by the
affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
State of Illinois,)
) ss.
County of ........)
........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at this
election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona fide
resident of this precinct and ward and that I verily believe
that he or she has maintained a legal residence therein 30 days
and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6 months,

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during which period such affidavits shall be deemed public
records and shall be freely open to examination as such.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is
found upon the register of voters by the person having charge
thereof, shall then be questioned by one of the judges as to
his nativity, his term of residence at present address,
precinct, State and United States, his age, whether naturalized
and if so the date of naturalization papers and court from
which secured, and he shall be asked to state his residence
when last previously registered and the date of the election
for which he then registered. The judges of elections shall
check each application for ballot against the list of voters
registered in that precinct to whom grace period, absentee, and
early ballots have been issued for that election, which shall
be provided by the election authority and which list shall be
available for inspection by pollwatchers. A voter applying to
vote in the precinct on election day whose name appears on the
list as having been issued a grace period, absentee, or early
ballot shall not be permitted to vote in the precinct, except
that a voter to whom an absentee ballot was issued may vote in
the precinct if the voter submits to the election judges that
absentee ballot for cancellation. If the voter is unable to
submit the absentee ballot, it shall be sufficient for the

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

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provide to the judges of election proof of residence by
producing 2 forms of identification showing the person's
current residence address, provided that such identification
may include a lease or contract for a residence and not more
than one piece of mail addressed to the person at his current
residence address and postmarked not earlier than 30 days prior
to the date of the election, or the person shall procure a
witness personally known to the judges of election, and
resident in the precinct (or district), or who shall be proved
by some legal voter of such precinct or district, known to the
judges to be such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
The oath in each case may be administered by one of the
judges of election, or by any officer, resident in the precinct
or district, authorized by law to administer oaths. Also
supported by an affidavit by a registered voter residing in
such precinct, stating his own residence, and that he knows
such person; and that he does reside at the place mentioned and
has resided in such precinct and state for the length of time

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as stated by such person, which shall be subscribed and sworn
to in the same way. For purposes of this Section, the
submission of a photo identification issued by a college or
university, accompanied by either (i) a copy of the applicant's
contract or lease for a residence or (ii) one piece of mail
addressed to the person at his or her current residence address
and postmarked not earlier than 30 days prior to the date of
the election, shall be sufficient to establish proof of
residence. Whereupon the vote of such person shall be received,
and entered as other votes. But such judges, having charge of
such registers, shall state in their respective books the facts
in such case, and the affidavits, so delivered to the judges,
shall be preserved and returned to the office of the
commissioners of election. Blank affidavits of the character
aforesaid shall be sent out to the judges of all the precincts,
and the judges of election shall furnish the same on demand and
administer the oaths without criticism. Such oaths, if
administered by any other officer than such judge of election,
shall not be received. Whenever a proposal for a constitutional
amendment or for the calling of a constitutional convention is
to be voted upon at the election, the separate blue ballot or
ballots pertaining thereto shall be placed on top of the other
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter, and in
this fashion the ballots shall be handed to the voter by the

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judge.
Immediately after voting, the voter shall be instructed
whether the voting equipment, if used, accepted or rejected the
ballot or identified the ballot as under-voted. A voter whose
ballot is identified as under-voted for a statewide
constitutional office may return to the voting booth and
complete the voting of that ballot. A voter whose ballot is not
accepted by the voting equipment may, upon surrendering the
ballot, request and vote another ballot. The voter's
surrendered ballot shall be initialed by the election judge and
handled as provided in the appropriate Article governing that
voting equipment.
The voter shall, upon quitting the voting booth, deliver to
one of the judges of election all of the ballots, properly
folded, which he received. The judge of election to whom the
voter delivers his ballots shall not accept the same unless all
of the ballots given to the voter are returned by him. If a
voter delivers less than all of the ballots given to him, the
judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the
voter is not required to vote such remaining ballots but that
whether or not he votes them he must fold and deliver them to
the judge. In making such statement the judge of election shall
not indicate by word, gesture or intonation of voice that the

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unreturned ballots shall be voted in any particular manner. No
new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots
received by him until such voter has returned to the voting
booth pursuant to the judge's request and again quit the booth
with all of the ballots required to be returned by him. Upon
receipt of all such ballots the judges of election shall enter
the name of the voter, and his number, as above provided in
this Section, and the judge to whom the ballots are delivered
shall immediately put the ballots into the ballot box. If any
voter who has failed to deliver all the ballots received by him
refuses to return to the voting booth after being advised by
the judge of election as herein provided, the judge shall
inform the other judges of such refusal, and thereupon the
ballot or ballots returned to the judge shall be deposited in
the ballot box, the voter shall be permitted to depart from the
polling place, and a new voter shall be permitted to enter the
voting booth.
The judge of election who receives the ballot or ballots
from the voter shall announce the residence and name of such
voter in a loud voice. The judge shall put the ballot or
ballots received from the voter into the ballot box in the
presence of the voter and the judges of election, and in plain
view of the public. The judges having charge of such registers
shall then, in a column prepared thereon, in the same line of,
the name of the voter, mark "Voted" or the letter "V".

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No judge of election shall accept from any voter less than
the full number of ballots received by such voter without first
advising the voter in the manner above provided of the
necessity of returning all of the ballots, nor shall any such
judge advise such voter in a manner contrary to that which is
herein permitted, or in any other manner violate the provisions
of this Section; provided, that the acceptance by a judge of
election of less than the full number of ballots delivered to a
voter who refuses to return to the voting booth after being
properly advised by such judge shall not be a violation of this
Section.
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.