Bill Text: IL HB3470 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3470 Detail]

Download: Illinois-2017-HB3470-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3470

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-14 new
10 ILCS 5/3-7 new
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35

Amends the Election Code. Requires Voters Identification Cards for those who do not have an acceptable photo ID. Sets forth requirements and exemptions. Provides that any person desiring to vote shall present to the judges of election for verification of the person's identity a government-issued photo identification card or his or her Voter Identification Card.
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A BILL FOR

HB3470LRB100 10185 MLM 20366 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
6Sections 1-14 and 3-7 as follows:
7 (10 ILCS 5/1-14 new)
8 Sec. 1-14. Voter Identification Card.
9 (a) Issuance. The Secretary of State shall issue a Voter
10Identification Card to each registered voter who does not have
11an acceptable form of photo identification card as defined in
12Section 3-7. The Voter Identification Card shall include at
13least: (i) the voter's name, signature, and photograph; (ii)
14the State seal; and (iii) the voter's current residence
15address. A Voter Identification Card is valid for as long as
16the registered voter maintains the name and residence on the
17Card. A Voter Identification Card may not be used for any
18purpose other than to vote in Illinois.
19 (b) Intent and purpose. It is the intent of the General
20Assembly to provide the Secretary of State with guidance on how
21to issue the Voter Identification Card to those individuals who
22do not have an acceptable form of photo identification as
23defined in Section 3-7.

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1 (c) Application for the Voter Identification Card. Within a
2reasonable time after the effective date of this amendatory Act
3of the 100th General Assembly, the Secretary of State shall
4provide application forms for the Voter Identification Card.
5Any registered voter who meets the criteria set forth in this
6Section and who provides the proper documentation required
7under subsection (d) shall receive a Voter Identification Card.
8 (d) Documentation required. The Secretary of State shall
9require the presentation and verification of the following
10information for issuance of a Voter Registration Card:
11 (1) A photo identity document, except that a non-photo
12 identity document, as defined in subsection (e), is
13 acceptable if it includes both the applicant's name and
14 date of birth.
15 (2) Documentation showing the applicant's date of
16 birth.
17 (3) Evidence of voter registration.
18 (4) Documentation, as defined in subsection (f),
19 showing the applicant's name and principal residence
20 address.
21 (e) Non-photo identity document. A non-photo identity
22document must include the applicant's name and date of birth.
23Any of the following shall constitute a non-photo identity
24document in lieu of a photo identity document:
25 (1) An original birth certificate or certified copy of
26 a birth certificate.

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1 (2) A voter registration card.
2 (3) A copy of records filed in court by the applicant
3 or on behalf of the applicant by the applicant's counsel.
4 (4) A naturalization document.
5 (5) A copy of the applicant's marriage license.
6 (6) A copy of the State or federal tax return filed by
7 the applicant for the previous calendar year.
8 (7) An original of the annual Social Security statement
9 received by the applicant for the current or preceding
10 calendar year.
11 (8) An original of a Medicare or Medicaid statement
12 received by the applicant.
13 (9) A certified school record or transcript for the
14 current or preceding calendar year.
15 (f) Documentation of name and address. Any of the following
16documents shall be acceptable as documentation of the
17applicant's name and current address:
18 (1) A voter registration card.
19 (2) A utility bill or cable bill.
20 (3) A bank statement issued within the last 60 days.
21 (4) A valid and current rental agreement.
22 (5) A copy of the State or federal tax return filed by
23 the applicant for the previous calendar year.
24 (6) A homeowner's insurance policy or bill for the
25 current or preceding year.
26 (7) A mortgage, deed, or property tax bill for the

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1 current or preceding year.
2 (8) A W-2 for the preceding calendar year.
3 (g) Exemptions. Voters who are indigent and unable to
4obtain a Voter Identification Card without a fee and voters who
5have a religious objection to being photographed may vote a
6provisional ballot and sign an affidavit that indicates one of
7the exemptions stated in this subsection. An indigent person is
8defined as an individual whose income is 125% or less of
9current federal poverty income guidelines.
10 (10 ILCS 5/3-7 new)
11 Sec. 3-7. Acceptable forms of photo identification for
12voting purposes. As used in this Code, acceptable forms of
13photo identification for voting purposes include:
14 (1) An Illinois Driver's License.
15 (2) A State Identification Card.
16 (3) An Illinois Disabled Person Identification Card.
17 (4) A Senior Citizen Identification Card.
18 (5) A FOID Card.
19 (6) A U.S. Passport with the voter's current address.
20 (7) Any other government-issued identification card
21 that includes the voter's name, current photograph, and
22 current address.
23 All photo identification cards must be valid and current.
24 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)

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1 Sec. 17-9. Any person desiring to vote shall (i) present to
2the judges of election for verification of the person's
3identity a government-issued photo identification card, as
4defined in Section 3-7, or his or her Voter Identification Card
5and (ii) give his name and, if required to do so, his residence
6to the judges of election, one of whom shall thereupon announce
7the same in a loud and distinct tone of voice, clear, and
8audible; the judges of elections shall check each application
9for ballot against the list of voters registered in that
10precinct to whom grace period, vote by mail, or early ballots
11have been issued for that election, which shall be provided by
12the election authority and which list shall be available for
13inspection by pollwatchers. A voter applying to vote in the
14precinct on election day whose name appears on the list as
15having been issued a grace period, vote by mail, or early
16ballot shall not be permitted to vote in the precinct, except
17that a voter to whom a vote by mail ballot was issued may vote
18in the precinct if the voter submits to the election judges
19that vote by mail ballot for cancellation. If the voter is
20unable to submit the vote by mail ballot, it shall be
21sufficient for the voter to submit to the election judges (i) a
22portion of the vote by mail ballot if the vote by mail ballot
23was torn or mutilated or (ii) an affidavit executed before the
24election judges specifying that (A) the voter never received a
25vote by mail ballot or (B) the voter completed and returned a
26vote by mail ballot and was informed that the election

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1authority did not receive that vote by mail ballot. All
2applicable provisions of Articles 4, 5 or 6 shall be complied
3with and if such name is found on the register of voters by the
4officer having charge thereof, he shall likewise repeat said
5name, and the voter shall be allowed to enter within the
6proximity of the voting booths, as above provided. One of the
7judges shall give the voter one, and only one of each ballot to
8be voted at the election, on the back of which ballots such
9judge shall indorse his initials in such manner that they may
10be seen when each such ballot is properly folded, and the
11voter's name shall be immediately checked on the register list.
12In those election jurisdictions where perforated ballot cards
13are utilized of the type on which write-in votes can be cast
14above the perforation, the election authority shall provide a
15space both above and below the perforation for the judge's
16initials, and the judge shall endorse his or her initials in
17both spaces. Whenever a proposal for a constitutional amendment
18or for the calling of a constitutional convention is to be
19voted upon at the election, the separate blue ballot or ballots
20pertaining thereto shall, when being handed to the voter, be
21placed on top of the other ballots to be voted at the election
22in such manner that the legend appearing on the back thereof,
23as prescribed in Section 16-6 of this Act, shall be plainly
24visible to the voter. At all elections, when a registry may be
25required, if the name of any person so desiring to vote at such
26election is not found on the register of voters, he or she

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1shall not receive a ballot until he or she shall have complied
2with the law prescribing the manner and conditions of voting by
3unregistered voters. If any person desiring to vote at any
4election shall be challenged, he or she shall not receive a
5ballot until he or she shall have established his right to vote
6in the manner provided hereinafter; and if he or she shall be
7challenged after he has received his ballot, he shall not be
8permitted to vote until he or she has fully complied with such
9requirements of the law upon being challenged. Besides the
10election officer, not more than 2 voters in excess of the whole
11number of voting booths provided shall be allowed within the
12proximity of the voting booths at one time. The provisions of
13this Act, so far as they require the registration of voters as
14a condition to their being allowed to vote shall not apply to
15persons otherwise entitled to vote, who are, at the time of the
16election, or at any time within 60 days prior to such election
17have been engaged in the military or naval service of the
18United States, and who appear personally at the polling place
19on election day and produce to the judges of election
20satisfactory evidence thereof, but such persons, if otherwise
21qualified to vote, shall be permitted to vote at such election
22without previous registration.
23 All such persons shall also make an affidavit which shall
24be in substantially the following form:
25State of Illinois,)
26 ) ss.

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1County of ........)
2............... Precinct .......... Ward
3 I, ...., do solemnly swear (or affirm) that I am a citizen
4of the United States, of the age of 18 years or over, and that
5within the past 60 days prior to the date of this election at
6which I am applying to vote, I have been engaged in the ....
7(military or naval) service of the United States; and I am
8qualified to vote under and by virtue of the Constitution and
9laws of the State of Illinois, and that I am a legally
10qualified voter of this precinct and ward except that I have,
11because of such service, been unable to register as a voter;
12that I now reside at .... (insert street and number, if any) in
13this precinct and ward; that I have maintained a legal
14residence in this precinct and ward for 30 days and in this
15State 30 days next preceding this election.
16
.........................
17 Subscribed and sworn to before me on (insert date).
18
.........................
19
Judge of Election.
20 The affidavit of any such person shall be supported by the
21affidavit of a resident and qualified voter of any such
22precinct and ward, which affidavit shall be in substantially
23the following form:
24State of Illinois,)
25 ) ss.

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1County of ........)
2........... Precinct ........... Ward
3 I, ...., do solemnly swear (or affirm), that I am a
4resident of this precinct and ward and entitled to vote at this
5election; that I am acquainted with .... (name of the
6applicant); that I verily believe him to be an actual bona fide
7resident of this precinct and ward and that I verily believe
8that he or she has maintained a legal residence therein 30 days
9and in this State 30 days next preceding this election.
10
.........................
11 Subscribed and sworn to before me on (insert date).
12
.........................
13
Judge of Election.
14 All affidavits made under the provisions of this Section
15shall be enclosed in a separate envelope securely sealed, and
16shall be transmitted with the returns of the elections to the
17county clerk or to the board of election commissioners, who
18shall preserve the said affidavits for the period of 6 months,
19during which period such affidavits shall be deemed public
20records and shall be freely open to examination as such.
21(Source: P.A. 98-1171, eff. 6-1-15.)
22 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
23 Sec. 18-5. Any person desiring to vote and whose name is
24found upon the register of voters by the person having charge

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1thereof, shall (i) present to the judges of election for
2verification of the person's identity a government-issued
3photo identification card, as defined in Section 3-7, or his or
4her Voter Identification Card, (ii) shall then be questioned by
5one of the judges as to his nativity, his term of residence at
6present address, precinct, State and United States, his age,
7whether naturalized and if so the date of naturalization papers
8and court from which secured, (iii) and he shall be asked to
9state his residence when last previously registered and the
10date of the election for which he then registered. The judges
11of elections shall check each application for ballot against
12the list of voters registered in that precinct to whom grace
13period, vote by mail, and early ballots have been issued for
14that election, which shall be provided by the election
15authority and which list shall be available for inspection by
16pollwatchers. A voter applying to vote in the precinct on
17election day whose name appears on the list as having been
18issued a grace period, vote by mail, or early ballot shall not
19be permitted to vote in the precinct, except that a voter to
20whom a vote by mail ballot was issued may vote in the precinct
21if the voter submits to the election judges that vote by mail
22ballot for cancellation. If the voter is unable to submit the
23vote by mail ballot, it shall be sufficient for the voter to
24submit to the election judges (i) a portion of the vote by mail
25ballot if the vote by mail ballot was torn or mutilated or (ii)
26an affidavit executed before the election judges specifying

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1that (A) the voter never received a vote by mail ballot or (B)
2the voter completed and returned a vote by mail ballot and was
3informed that the election authority did not receive that vote
4by mail ballot. If such person so registered shall be
5challenged as disqualified, the party challenging shall assign
6his reasons therefor, and thereupon one of the judges shall
7administer to him an oath to answer questions, and if he shall
8take the oath he shall then be questioned by the judge or
9judges touching such cause of challenge, and touching any other
10cause of disqualification. And he may also be questioned by the
11person challenging him in regard to his qualifications and
12identity. But if a majority of the judges are of the opinion
13that he is the person so registered and a qualified voter, his
14vote shall then be received accordingly. But if his vote be
15rejected by such judges, such person may afterward produce and
16deliver an affidavit to such judges, subscribed and sworn to by
17him before one of the judges, in which it shall be stated how
18long he has resided in such precinct, and state; that he is a
19citizen of the United States, and is a duly qualified voter in
20such precinct, and that he is the identical person so
21registered. In addition to such an affidavit, the person so
22challenged shall provide to the judges of election proof of
23residence by producing 2 forms of identification showing the
24person's current residence address, provided that such
25identification may include a lease or contract for a residence
26and not more than one piece of mail addressed to the person at

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1his current residence address and postmarked not earlier than
230 days prior to the date of the election, or the person shall
3procure a witness personally known to the judges of election,
4and resident in the precinct (or district), or who shall be
5proved by some legal voter of such precinct or district, known
6to the judges to be such, who shall take the oath following,
7viz:
8 I do solemnly swear (or affirm) that I am a resident of
9this election precinct (or district), and entitled to vote at
10this election, and that I have been a resident of this State
11for 30 days last past, and am well acquainted with the person
12whose vote is now offered; that he is an actual and bona fide
13resident of this election precinct (or district), and has
14resided herein 30 days, and as I verily believe, in this State,
1530 days next preceding this election.
16 The oath in each case may be administered by one of the
17judges of election, or by any officer, resident in the precinct
18or district, authorized by law to administer oaths. Also
19supported by an affidavit by a registered voter residing in
20such precinct, stating his own residence, and that he knows
21such person; and that he does reside at the place mentioned and
22has resided in such precinct and state for the length of time
23as stated by such person, which shall be subscribed and sworn
24to in the same way. For purposes of this Section, the
25submission of a photo identification issued by a college or
26university, accompanied by either (i) a copy of the applicant's

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1contract or lease for a residence or (ii) one piece of mail
2addressed to the person at his or her current residence address
3and postmarked not earlier than 30 days prior to the date of
4the election, shall be sufficient to establish proof of
5residence. Whereupon the vote of such person shall be received,
6and entered as other votes. But such judges, having charge of
7such registers, shall state in their respective books the facts
8in such case, and the affidavits, so delivered to the judges,
9shall be preserved and returned to the office of the
10commissioners of election. Blank affidavits of the character
11aforesaid shall be sent out to the judges of all the precincts,
12and the judges of election shall furnish the same on demand and
13administer the oaths without criticism. Such oaths, if
14administered by any other officer than such judge of election,
15shall not be received. Whenever a proposal for a constitutional
16amendment or for the calling of a constitutional convention is
17to be voted upon at the election, the separate blue ballot or
18ballots pertaining thereto shall be placed on top of the other
19ballots to be voted at the election in such manner that the
20legend appearing on the back thereof, as prescribed in Section
2116-6 of this Act, shall be plainly visible to the voter, and in
22this fashion the ballots shall be handed to the voter by the
23judge.
24 Immediately after voting, the voter shall be instructed
25whether the voting equipment, if used, accepted or rejected the
26ballot or identified the ballot as under-voted. A voter whose

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1ballot is identified as under-voted for a statewide
2constitutional office may return to the voting booth and
3complete the voting of that ballot. A voter whose ballot is not
4accepted by the voting equipment may, upon surrendering the
5ballot, request and vote another ballot. The voter's
6surrendered ballot shall be initialed by the election judge and
7handled as provided in the appropriate Article governing that
8voting equipment.
9 The voter shall, upon quitting the voting booth, deliver to
10one of the judges of election all of the ballots, properly
11folded, which he received. The judge of election to whom the
12voter delivers his ballots shall not accept the same unless all
13of the ballots given to the voter are returned by him. If a
14voter delivers less than all of the ballots given to him, the
15judge to whom the same are offered shall advise him in a voice
16clearly audible to the other judges of election that the voter
17must return the remainder of the ballots. The statement of the
18judge to the voter shall clearly express the fact that the
19voter is not required to vote such remaining ballots but that
20whether or not he votes them he must fold and deliver them to
21the judge. In making such statement the judge of election shall
22not indicate by word, gesture or intonation of voice that the
23unreturned ballots shall be voted in any particular manner. No
24new voter shall be permitted to enter the voting booth of a
25voter who has failed to deliver the total number of ballots
26received by him until such voter has returned to the voting

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1booth pursuant to the judge's request and again quit the booth
2with all of the ballots required to be returned by him. Upon
3receipt of all such ballots the judges of election shall enter
4the name of the voter, and his number, as above provided in
5this Section, and the judge to whom the ballots are delivered
6shall immediately put the ballots into the ballot box. If any
7voter who has failed to deliver all the ballots received by him
8refuses to return to the voting booth after being advised by
9the judge of election as herein provided, the judge shall
10inform the other judges of such refusal, and thereupon the
11ballot or ballots returned to the judge shall be deposited in
12the ballot box, the voter shall be permitted to depart from the
13polling place, and a new voter shall be permitted to enter the
14voting booth.
15 The judge of election who receives the ballot or ballots
16from the voter shall announce the residence and name of such
17voter in a loud voice. The judge shall put the ballot or
18ballots received from the voter into the ballot box in the
19presence of the voter and the judges of election, and in plain
20view of the public. The judges having charge of such registers
21shall then, in a column prepared thereon, in the same line of,
22the name of the voter, mark "Voted" or the letter "V".
23 No judge of election shall accept from any voter less than
24the full number of ballots received by such voter without first
25advising the voter in the manner above provided of the
26necessity of returning all of the ballots, nor shall any such

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1judge advise such voter in a manner contrary to that which is
2herein permitted, or in any other manner violate the provisions
3of this Section; provided, that the acceptance by a judge of
4election of less than the full number of ballots delivered to a
5voter who refuses to return to the voting booth after being
6properly advised by such judge shall not be a violation of this
7Section.
8(Source: P.A. 98-1171, eff. 6-1-15.)
9 (10 ILCS 5/18A-5)
10 Sec. 18A-5. Provisional voting; general provisions.
11 (a) A person who claims to be a registered voter is
12entitled to cast a provisional ballot under the following
13circumstances:
14 (1) The person's name does not appear on the official
15 list of eligible voters for the precinct in which the
16 person seeks to vote and the person has refused an
17 opportunity to register at the polling location or another
18 grace period registration site. The official list is the
19 centralized statewide voter registration list established
20 and maintained in accordance with Section 1A-25;
21 (2) The person's voting status has been challenged by
22 an election judge, a pollwatcher, or any legal voter and
23 that challenge has been sustained by a majority of the
24 election judges;
25 (3) A federal or State court order extends the time for

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1 closing the polls beyond the time period established by
2 State law and the person votes during the extended time
3 period;
4 (4) The voter registered to vote by mail and is
5 required by law to present identification when voting
6 either in person, in the case of a voter who registered by
7 mail, when voting or by early voting ballot, but fails to
8 provide an acceptable form of photo identification as
9 described in Section 3-7, or a Voter Identification Card
10 issued under Section 1-14 do so;
11 (5) The voter's name appears on the list of voters who
12 voted during the early voting period, but the voter claims
13 not to have voted during the early voting period; or
14 (6) The voter received a vote by mail ballot but did
15 not return the vote by mail ballot to the election
16 authority; or
17 (7) The voter attempted to register to vote on election
18 day, but failed to provide the necessary documentation.
19 (b) The procedure for obtaining and casting a provisional
20ballot at the polling place shall be as follows:
21 (1) After first verifying through an examination of the
22 precinct register that the person's address is within the
23 precinct boundaries, an election judge at the polling place
24 shall notify a person who is entitled to cast a provisional
25 ballot pursuant to subsection (a) that he or she may cast a
26 provisional ballot in that election. An election judge must

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1 accept any information provided by a person who casts a
2 provisional ballot that the person believes supports his or
3 her claim that he or she is a duly registered voter and
4 qualified to vote in the election. However, if the person's
5 residence address is outside the precinct boundaries, the
6 election judge shall inform the person of that fact, give
7 the person the appropriate telephone number of the election
8 authority in order to locate the polling place assigned to
9 serve that address, and instruct the person to go to the
10 proper polling place to vote.
11 (2) The person shall execute a written form provided by
12 the election judge that shall state or contain all of the
13 following that is available:
14 (i) an affidavit stating the following:
15 State of Illinois, County of ................,
16 Township ............., Precinct ........, Ward
17 ........, I, ......................., do solemnly
18 swear (or affirm) that: I am a citizen of the
19 United States; I am 18 years of age or older; I
20 have resided in this State and in this precinct for
21 30 days preceding this election; I have not voted
22 in this election; I am a duly registered voter in
23 every respect; and I am eligible to vote in this
24 election. Signature ...... Printed Name of Voter
25 ....... Printed Residence Address of Voter ......
26 City ...... State .... Zip Code ..... Telephone

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1 Number ...... Date of Birth ....... and Illinois
2 Driver's License Number ....... or Last 4 digits of
3 Social Security Number ...... or State
4 Identification Card Number issued to you by the
5 Illinois Secretary of State ........
6 (ii) A box for the election judge to check one of
7 the 6 reasons why the person was given a provisional
8 ballot under subsection (a) of this Section 18A-5.
9 (iii) An area for the election judge to affix his
10 or her signature and to set forth any facts that
11 support or oppose the allegation that the person is not
12 qualified to vote in the precinct in which the person
13 is seeking to vote.
14 The written affidavit form described in this
15 subsection (b)(2) must be printed on a multi-part form
16 prescribed by the county clerk or board of election
17 commissioners, as the case may be.
18 (3) After the person executes the portion of the
19 written affidavit described in subsection (b)(2)(i) of
20 this Section, the election judge shall complete the portion
21 of the written affidavit described in subsection
22 (b)(2)(iii) and (b)(2)(iv).
23 (4) The election judge shall give a copy of the
24 completed written affidavit to the person. The election
25 judge shall place the original written affidavit in a
26 self-adhesive clear plastic packing list envelope that

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1 must be attached to a separate envelope marked as a
2 "provisional ballot envelope". The election judge shall
3 also place any information provided by the person who casts
4 a provisional ballot in the clear plastic packing list
5 envelope. Each county clerk or board of election
6 commissioners, as the case may be, must design, obtain or
7 procure self-adhesive clear plastic packing list envelopes
8 and provisional ballot envelopes that are suitable for
9 implementing this subsection (b)(4) of this Section.
10 (5) The election judge shall provide the person with a
11 provisional ballot, written instructions for casting a
12 provisional ballot, and the provisional ballot envelope
13 with the clear plastic packing list envelope affixed to it,
14 which contains the person's original written affidavit
15 and, if any, information provided by the provisional voter
16 to support his or her claim that he or she is a duly
17 registered voter. An election judge must also give the
18 person written information that states that any person who
19 casts a provisional ballot shall be able to ascertain,
20 pursuant to guidelines established by the State Board of
21 Elections, whether the provisional vote was counted in the
22 official canvass of votes for that election and, if the
23 provisional vote was not counted, the reason that the vote
24 was not counted.
25 (6) After the person has completed marking his or her
26 provisional ballot, he or she shall place the marked ballot

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1 inside of the provisional ballot envelope, close and seal
2 the envelope, and return the envelope to an election judge,
3 who shall then deposit the sealed provisional ballot
4 envelope into a securable container separately identified
5 and utilized for containing sealed provisional ballot
6 envelopes. Ballots that are provisional because they are
7 cast after 7:00 p.m. by court order shall be kept separate
8 from other provisional ballots. Upon the closing of the
9 polls, the securable container shall be sealed with
10 filament tape provided for that purpose, which shall be
11 wrapped around the box lengthwise and crosswise, at least
12 twice each way, and each of the election judges shall sign
13 the seal.
14 (c) Instead of the affidavit form described in subsection
15(b), the county clerk or board of election commissioners, as
16the case may be, may design and use a multi-part affidavit form
17that is imprinted upon or attached to the provisional ballot
18envelope described in subsection (b). If a county clerk or
19board of election commissioners elects to design and use its
20own multi-part affidavit form, then the county clerk or board
21of election commissioners shall establish a mechanism for
22accepting any information the provisional voter has supplied to
23the election judge to support his or her claim that he or she
24is a duly registered voter. In all other respects, a county
25clerk or board of election commissioners shall establish
26procedures consistent with subsection (b).

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1 (d) The county clerk or board of election commissioners, as
2the case may be, shall use the completed affidavit form
3described in subsection (b) to update the person's voter
4registration information in the State voter registration
5database and voter registration database of the county clerk or
6board of election commissioners, as the case may be. If a
7person is later determined not to be a registered voter based
8on Section 18A-15 of this Code, then the affidavit shall be
9processed by the county clerk or board of election
10commissioners, as the case may be, as a voter registration
11application.
12(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;
1398-1171, eff. 6-1-15; revised 9-2-16.)
14 (10 ILCS 5/18A-15)
15 Sec. 18A-15. Validating and counting provisional ballots.
16 (a) The county clerk or board of election commissioners
17shall complete the validation and counting of provisional
18ballots within 14 calendar days of the day of the election. The
19county clerk or board of election commissioners shall have 7
20calendar days from the completion of the validation and
21counting of provisional ballots to conduct its final canvass.
22The State Board of Elections shall complete within 31 calendar
23days of the election or sooner if all the returns are received,
24its final canvass of the vote for all public offices.
25 (b) If a county clerk or board of election commissioners

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1determines that all of the following apply, then a provisional
2ballot is valid and shall be counted as a vote:
3 (1) the provisional voter cast the provisional ballot
4 in the correct precinct based on the address provided by
5 the provisional voter. The provisional voter's affidavit
6 shall serve as a change of address request by that voter
7 for registration purposes for the next ensuing election if
8 it bears an address different from that in the records of
9 the election authority. Votes for federal and statewide
10 offices on a provisional ballot cast in the incorrect
11 precinct that meet the other requirements of this
12 subsection shall be valid and counted in accordance with
13 this Article. As used in this item, "federal office" is
14 defined as provided in Section 20-1 and "statewide office"
15 means the Governor, Attorney General, Secretary of State,
16 Comptroller, and Treasurer. Votes for General Assembly,
17 countywide, citywide, or township office on a provisional
18 ballot cast in the incorrect precinct but in the correct
19 legislative district, representative district, county,
20 municipality, or township, as the case may be, shall be
21 valid and counted in accordance with this Article. As used
22 in this item, "citywide office" means an office elected by
23 the electors of an entire municipality. As used in this
24 item, "township office" means an office elected by the
25 electors of an entire township;
26 (2) the affidavit executed by the provisional voter

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1 pursuant to subsection (b)(2) of Section 18A-5 contains, at
2 a minimum, the provisional voter's first and last name,
3 house number and street name, and signature or mark;
4 (3) except as permitted by item (5) of subsection (b)
5 of this Section, the provisional voter is a registered
6 voter based on information available to the county clerk or
7 board of election commissioners provided by or obtained
8 from any of the following:
9 i. the provisional voter;
10 ii. an election judge;
11 iii. the statewide voter registration database
12 maintained by the State Board of Elections;
13 iv. the records of the county clerk or board of
14 election commissioners' database; or
15 v. the records of the Secretary of State; and
16 (4) for a provisional ballot cast under item (6) of
17 subsection (a) of Section 18A-5, the voter did not vote by
18 vote by mail ballot in the election at which the
19 provisional ballot was cast; or
20 (5) for a provisional ballot cast under item (7) of
21 subsection (a) of Section 18A-5, the voter provides the
22 election authority with the necessary documentation within
23 7 days of election day.
24 (c) With respect to subsection (b)(3) of this Section, the
25county clerk or board of election commissioners shall
26investigate and record whether or not the specified information

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

HB3470- 26 -LRB100 10185 MLM 20366 b
1clerk or board of election commissioners indicates that the
2provisional voter is registered to vote, but the statewide
3voter registration database maintained by the State Board of
4Elections indicates that the provisional voter is not
5registered to vote, then the information found in the records
6of the county clerk or board of election commissioners shall
7control the matter and the provisional voter shall be deemed to
8be registered to vote. If the provisional voter's signature on
9his or her provisional ballot request varies from the signature
10on an otherwise valid registration application solely because
11of the substitution of initials for the first or middle name,
12the election authority may not reject the provisional ballot.
13 (d) In validating the registration status of a person
14casting a provisional ballot, the county clerk or board of
15election commissioners shall not require a provisional voter to
16complete any form other than the affidavit executed by the
17provisional voter under subsection (b)(2) of Section 18A-5. In
18addition, the county clerk or board of election commissioners
19shall not require all provisional voters or any particular
20class or group of provisional voters to appear personally
21before the county clerk or board of election commissioners or
22as a matter of policy require provisional voters to submit
23additional information to verify or otherwise support the
24information already submitted by the provisional voter. Within
252 calendar days after the election, the election authority
26shall transmit by electronic means pursuant to a process

HB3470- 27 -LRB100 10185 MLM 20366 b
1established by the State Board of Elections the name, street
2address, e-mail address, and precinct, ward, township, and
3district numbers, as the case may be, of each person casting a
4provisional ballot to the State Board of Elections, which shall
5maintain those names and that information in an electronic
6format on its website, arranged by county and accessible to
7State and local political committees. The provisional voter
8may, within 7 calendar days after the election, submit
9additional information to the county clerk or board of election
10commissioners, except that in the case of provisional voting
11under paragraph (4) of subsection (a) of Section 18A-5, the
12provisional voter has 10 days to provide the county clerk or
13board of election commissioners with the required photo
14identification card. This information must be received by the
15county clerk or board of election commissioners within the
16applicable 7-calendar-day or 10-calendar-day period.
17 (e) If the county clerk or board of election commissioners
18determines that subsection (b)(1), (b)(2), or (b)(3) does not
19apply, then the provisional ballot is not valid and may not be
20counted. The provisional ballot envelope containing the ballot
21cast by the provisional voter may not be opened. The county
22clerk or board of election commissioners shall write on the
23provisional ballot envelope the following: "Provisional ballot
24determined invalid.".
25 (f) If the county clerk or board of election commissioners
26determines that a provisional ballot is valid under this

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1Section, then the provisional ballot envelope shall be opened.
2The outside of each provisional ballot envelope shall also be
3marked to identify the precinct and the date of the election.
4 (g) Provisional ballots determined to be valid shall be
5counted at the election authority's central ballot counting
6location and shall not be counted in precincts. The provisional
7ballots determined to be valid shall be added to the vote
8totals for the precincts from which they were cast in the order
9in which the ballots were opened. The validation and counting
10of provisional ballots shall be subject to the provisions of
11this Code that apply to pollwatchers. If the provisional
12ballots are a ballot of a punch card voting system, then the
13provisional ballot shall be counted in a manner consistent with
14Article 24A. If the provisional ballots are a ballot of optical
15scan or other type of approved electronic voting system, then
16the provisional ballots shall be counted in a manner consistent
17with Article 24B.
18 (h) As soon as the ballots have been counted, the election
19judges or election officials shall, in the presence of the
20county clerk or board of election commissioners, place each of
21the following items in a separate envelope or bag: (1) all
22provisional ballots, voted or spoiled; (2) all provisional
23ballot envelopes of provisional ballots voted or spoiled; and
24(3) all executed affidavits of the provisional ballots voted or
25spoiled. All provisional ballot envelopes for provisional
26voters who have been determined not to be registered to vote

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1shall remain sealed. The county clerk or board of election
2commissioners shall treat the provisional ballot envelope
3containing the written affidavit as a voter registration
4application for that person for the next election and process
5that application. The election judges or election officials
6shall then securely seal each envelope or bag, initial the
7envelope or bag, and plainly mark on the outside of the
8envelope or bag in ink the precinct in which the provisional
9ballots were cast. The election judges or election officials
10shall then place each sealed envelope or bag into a box, secure
11and seal it in the same manner as described in item (6) of
12subsection (b) of Section 18A-5. Each election judge or
13election official shall take and subscribe an oath before the
14county clerk or board of election commissioners that the
15election judge or election official securely kept the ballots
16and papers in the box, did not permit any person to open the
17box or otherwise touch or tamper with the ballots and papers in
18the box, and has no knowledge of any other person opening the
19box. For purposes of this Section, the term "election official"
20means the county clerk, a member of the board of election
21commissioners, as the case may be, and their respective
22employees.
23(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2498-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
25 (10 ILCS 5/19A-35)

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1 Sec. 19A-35. Procedure for voting.
2 (a) Not more than 23 days before the start of the election,
3the county clerk shall make available to the election official
4conducting early voting by personal appearance a sufficient
5number of early ballots, envelopes, and printed voting
6instruction slips for the use of early voters. The election
7official shall receipt for all ballots received and shall
8return unused or spoiled ballots at the close of the early
9voting period to the county clerk and must strictly account for
10all ballots received. The ballots delivered to the election
11official must include early ballots for each precinct in the
12election authority's jurisdiction and must include separate
13ballots for each political subdivision conducting an election
14of officers or a referendum at that election.
15 (b) In conducting early voting under this Article, the
16election judge or official is required to verify the signature
17of the early voter by comparison with the signature on the
18official registration card, and the judge or official must
19verify (i) that the applicant is a registered voter, (ii) the
20precinct in which the applicant is registered, and (iii) the
21proper ballots of the political subdivision in which the
22applicant resides and is entitled to vote, and (iv) the
23applicant's identity, which must be verified by the applicant's
24presentation of a government-issued photo identification card,
25as defined in Section 3-7, or his or her Voter Identification
26Card, before providing an early ballot to the applicant. The

HB3470- 31 -LRB100 10185 MLM 20366 b
1election judge or official must verify the applicant's
2registration from the most recent poll list provided by the
3election authority, and if the applicant is not listed on that
4poll list, by telephoning the office of the election authority.
5 (b-5) A person requesting an early voting ballot to whom a
6vote by mail ballot was issued may vote early if the person
7submits that vote by mail ballot to the judges of election or
8official conducting early voting for cancellation. If the voter
9is unable to submit the vote by mail ballot, it shall be
10sufficient for the voter to submit to the judges or official
11(i) a portion of the vote by mail ballot if the vote by mail
12ballot was torn or mutilated or (ii) an affidavit executed
13before the judges or official specifying that (A) the voter
14never received a vote by mail ballot or (B) the voter completed
15and returned a vote by mail ballot and was informed that the
16election authority did not receive that vote by mail ballot.
17 (b-10) Within one day after a voter casts an early voting
18ballot, the election authority shall transmit the voter's name,
19street address, and precinct, ward, township, and district
20numbers, as the case may be, to the State Board of Elections,
21which shall maintain those names and that information in an
22electronic format on its website, arranged by county and
23accessible to State and local political committees.
24 (b-15) Immediately after voting an early ballot, the voter
25shall be instructed whether the voting equipment accepted or
26rejected the ballot or identified that ballot as under-voted

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1for a statewide constitutional office. A voter whose ballot is
2identified as under-voted may return to the voting booth and
3complete the voting of that ballot. A voter whose early voting
4ballot is not accepted by the voting equipment may, upon
5surrendering the ballot, request and vote another early voting
6ballot. The voter's surrendered ballot shall be initialed by
7the election judge or official conducting the early voting and
8handled as provided in the appropriate Article governing the
9voting equipment used.
10 (c) The sealed early ballots in their carrier envelope
11shall be delivered by the election authority to the central
12ballot counting location before the close of the polls on the
13day of the election.
14(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
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