Bill Text: IL HB4077 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Election Code. Requires that the State Board of Elections by rule prescribe the specific forms of identification and proof of residency that shall be sufficient for persons voting for the first time after having registered by mail or at a Secretary of State driver's license facility. Requires that the State Board post those forms on its official website and that printed copies be distributed to persons registering by mail or at a driver's license facility.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0317 [HB4077 Detail]

Download: Illinois-2009-HB4077-Enrolled.html

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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 4-10, 4-105, 5-9, 5-105, 6-37, 6-105, 17-10, 18-5, and
19A-35 as follows:
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail

HB4077 Enrolled - 2 - LRB096 08375 JAM 18487 b
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your present
address, was it your bona fide intention to become a resident
thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of any precinct
registration and shall have the right to challenge any

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applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
All such applications shall be presented to the county

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clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall

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immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION

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State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)

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(10 ILCS 5/4-105)
Sec. 4-105. First time voting. A person must vote for the
first time in person and not by a mailed absentee ballot if the
person registered to vote by mail, unless the person first
provides the appropriate election authority with sufficient
proof of identity and the election authority verifies the
person's proof of identity. Sufficient proof of identity shall
be demonstrated by submission of the person's driver's license
number or State identification card number or, if the person
does not have either of those, verification by the last 4
digits of the person's social security number, a copy of a
current and valid photo identification, or a copy of a current
utility bill, bank statement, paycheck, government check, or
other federal, State, or local government document that shows
the person's name and address. A person may also demonstrate
sufficient proof of identity by submission of a photo
identification issued by a college or university accompanied by
either a copy of the applicant's contract or lease for a
residence or any postmarked mail delivered to the applicant at
his or her current residence address. Persons who apply to
register to vote by mail but provide inadequate proof of
identity to the election authority shall be notified by the
election authority that the registration has not been fully
completed and that the person remains ineligible to vote by
mail or in person until such proof is presented.

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(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the

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office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your present
address, was it your bona fide intention to become a resident
thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of precinct registration,
and shall have the right to challenge any applicant who applies
to be registered.
In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be

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permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter

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for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location

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cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.

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..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/5-105)
Sec. 5-105. First time voting. A person must vote for the
first time in person and not by a mailed absentee ballot if the
person registered to vote by mail, unless the person first
provides the appropriate election authority with sufficient
proof of identity and the election authority verifies the
person's proof of identity. Sufficient proof of identity shall
be demonstrated by submission of the person's driver's license

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number or State identification card number or, if the person
does not have either of those, verification by the last 4
digits of the person's social security number, a copy of a
current and valid photo identification, or a copy of a current
utility bill, bank statement, paycheck, government check, or
other federal, State, or local government document that shows
the person's name and address. A person may also demonstrate
sufficient proof of identity by submission of a photo
identification issued by a college or university accompanied by
either a copy of the applicant's contract or lease for a
residence or any postmarked mail delivered to the applicant at
his or her current residence address. Persons who apply to
register to vote by mail but provide inadequate proof of
identity to the election authority shall be notified by the
election authority that the registration has not been fully
completed and that the person remains ineligible to vote by
mail or in person until such proof is presented.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
(10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
Sec. 6-37. Except as otherwise provided for in Section 6-29
of this Article, no person shall be registered unless he
applies in person to a registration officer, answers such
relevant questions as may be asked of him by the registration
officer, and executes the affidavit of registration. The
registration officer shall require the applicant to furnish two

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forms of identification, and except in the case of a homeless
individual, one of which must include his or her residence
address. These forms of identification shall include, but not
be limited to, any of the following: driver's license, social
security card, public aid identification card, utility bill,
employee or student identification card, lease or contract for
a residence, credit card, or a civic, union or professional
association membership card. The registration officer shall
require a homeless individual to furnish evidence of his or her
use of the mailing address stated. This use may be demonstrated
by a piece of mail addressed to that individual and received at
that address or by a statement from a person authorizing use of
the mailing address. The registration officer shall require
each applicant for registration to read or have read to him the
affidavit of registration before permitting him to execute the
affidavit.
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. Any voter of the ward, village or incorporated
town in which such applicant resides, shall be permitted to be
present at the place of registration, and shall have the right
to challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith in writing notify such applicant
to appear before the board of election commissioners to furnish
further proof of his qualification. Upon the card of such

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applicant shall be written the word "incomplete" and no such
applicant shall be permitted to vote unless such registration
is satisfactorily completed as hereinafter provided.
Any person claiming to be an elector in any election
precinct in such city, village or incorporated town and whose
registration is marked "incomplete" may make and sign an
application in writing, under oath, to the board of election
commissioners in substance in the following form:
"I do solemnly swear that I,.... did on .... make
application to the board of registry of the .... precinct of
.... ward of the city of ....(or to the board of election
commissioners of ....) and that said board refused to complete
my registration as a qualified voter in said precinct, that I
reside in said precinct, am a duly qualified voter and entitled
to vote in said precinct at the next election.
....(Signature of Applicant)"
In all cities, villages or incorporated towns having a
population of less than 200,000 all such applications shall be
presented to the board of election commissioners by the
applicant, in person, between the hours of nine o'clock a.m.,
and five o'clock p.m. on Tuesday or Wednesday of the second
week prior to the week in which such election is to be held,
and in all municipalities having a population of more than
200,000 and having a board of election commissioners and in all
cities, villages and incorporated towns within the
jurisdiction of such board, all such applications shall be

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presented to the board of election commissioners by the
applicant, in person between the hours of nine o'clock a.m. and
five o'clock p.m., on Monday and Tuesday of the third week
prior to the week in which such election is to be held.
(Source: P.A. 87-1241.)
(10 ILCS 5/6-105)
Sec. 6-105. First time voting. A person must vote for the
first time in person and not by a mailed absentee ballot if the
person registered to vote by mail, unless the person first
provides the appropriate election authority with sufficient
proof of identity and the election authority verifies the
person's proof of identity. Sufficient proof of identity shall
be demonstrated by submission of the person's driver's license
number or State identification card number or, if the person
does not have either of those, verification by the last 4
digits of the person's social security number, a copy of a
current and valid photo identification, or a copy of a current
utility bill, bank statement, paycheck, government check, or
other federal, State, or local government document that shows
the person's name and address. A person may also demonstrate
sufficient proof of identity by submission of a photo
identification issued by a college or university accompanied by
either a copy of the applicant's contract or lease for a
residence or any postmarked mail delivered to the applicant at
his or her current residence address. Persons who apply to

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register to vote by mail but provide inadequate proof of
identity to the election authority shall be notified by the
election authority that the registration has not been fully
completed and that the person remains ineligible to vote by
mail or in person until such proof is presented.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
(10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
Sec. 17-10. (a) Whenever, at any election, in any precinct,
any person offering to vote is not personally known to the
judges of election to have the qualifications required in this
Act, if his vote is challenged by a legal voter at such
election, he or she shall make and subscribe an affidavit, in
the following form, which shall be retained by the judges of
election, and returned by them affixed to the poll books or
with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ...., do solemnly swear (or affirm) that I am a citizen
of the United States; that I am 18 years of age or over; that I
have resided in this State and in this election district 30
days next preceding this election; that I have not voted at
this election; that I am a duly qualified voter in every
respect; that I now reside at (here give the particular house
or place of residence, and, if in a town or city, the street

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and number), in this election district; *1. that I registered
to vote from said address; *2. that I changed my residence to
the above address from ...., both of which are in this election
district; *3. that I changed my name from .... to that which I
have signed below; *4. that I have not changed my residence but
my address has changed as a result of implementation of a 9-1-1
emergency telephone system.
So help me God, (or "This I do solemnly and sincerely
affirm", as the case may be).
.........................
Subscribed and sworn to before me on (insert date).
.........................
*1. If registration is not required, draw a line through 1
above.
*2. Fill in the blank ONLY if you have moved within 2
years.
*3. Fill in the blank ONLY if you have changed your name
within 2 years.
*4. Fill in the blank ONLY if you have not changed your
residence but your address has changed as a result of
implementation of a 9-1-1 emergency telephone system.
In addition to such an affidavit, the person so challenged
shall provide to the judges of election proof of residence by
producing two forms of identification showing the person's
current residence address, provided that such identification

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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 either of the
judges of election, or by any officer, resident in the precinct
or district, authorized by law to administer oaths.
(b) Whenever, at any regular or special election, in any
precinct, district, city, village, incorporated town, town or
ward, any person offering to vote has moved therefrom within 30
days prior to said regular or special election, he shall make
and subscribe an affidavit, in the following form, which shall
be supported by providing to the judges of election proof of
residence by producing two forms of identification showing the

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person's current residence address, provided that such
identification may include 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 by one affidavit of a registered voter in the
precinct, as provided herein, both of which shall be retained
by the judges of election, and returned by them affixed to the
poll books or with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ........., do solemnly swear (or affirm) that I am a
citizen of the United States; that I am 18 years of age; that I
have not voted at this election; that prior to 30 days
preceding this election I was a duly qualified and registered
voter in every respect in this election district; that I have
recently moved from (here give the particular house or place of
residence, and, if in a town or city, the street and number),
in this election district; that I now reside at (here give the
particular house or place of residence, and, if in a town or
city, the street and number), in another election district in
the State.
So help me God, (or "This I do solemnly and sincerely
affirm", as the case may be).
......................
Subscribed and sworn to before me on (insert date).

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......................
State of Illinois)
)ss.
County of .......)
......... Precinct ........ Ward
I, ........, do solemnly swear (or affirm), that I am a
resident of this precinct and entitled to vote at this
election; that I am acquainted with .... (name of the
applicant); that I verily believe him to have been an actual
bona fide resident and registered voter of this precinct and
that he maintained a legal residence therein, 30 days next
preceding this election.
....................
Subscribed and sworn to before me on (insert date).
....................
Judge of Election.
The oath may be administered by either of the judges of
election, or by any officer, resident in the precinct or
district, authorized by law to administer oaths.
(c) 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

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than 30 days prior to the date of the election, shall be
sufficient to establish proof of residence.
(Source: P.A. 90-664, eff. 7-30-98; 91-357, eff. 7-29-99.)
(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. 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 provide to the judges of election proof of
residence by producing 2 forms of identification showing the

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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
as stated by such person, which shall be subscribed and sworn

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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
judge.

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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
unreturned ballots shall be voted in any particular manner. No

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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".
No judge of election shall accept from any voter less than

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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. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
95-699, eff. 11-9-07.)
(10 ILCS 5/19A-35)
Sec. 19A-35. Procedure for voting.
(a) Not more than 23 days before the start of the election,
the county clerk shall make available to the election official
conducting early voting by personal appearance a sufficient
number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. The election
official shall receipt for all ballots received and shall
return unused or spoiled ballots at the close of the early
voting period to the county clerk and must strictly account for
all ballots received. The ballots delivered to the election
official must include early ballots for each precinct in the
election authority's jurisdiction and must include separate

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ballots for each political subdivision conducting an election
of officers or a referendum at that election.
(b) In conducting early voting under this Article, the
election judge or official is required to verify the signature
of the early voter by comparison with the signature on the
official registration card, and the judge or official must
verify (i) the identity of the applicant, (ii) that the
applicant is a registered voter, (iii) the precinct in which
the applicant is registered, and (iv) the proper ballots of the
political subdivision in which the applicant resides and is
entitled to vote before providing an early ballot to the
applicant. The applicant's identity must be verified by the
applicant's presentation of an Illinois driver's license, a
non-driver identification card issued by the Illinois
Secretary of State, a photo identification card issued by a
university or college, or another government-issued
identification document containing the applicant's photograph.
The election judge or official must verify the applicant's
registration from the most recent poll list provided by the
election authority, and if the applicant is not listed on that
poll list, by telephoning the office of the election authority.
(b-5) A person requesting an early voting ballot to whom an
absentee ballot was issued may vote early if the person submits
that absentee ballot to the judges of election or official
conducting early voting for cancellation. If the voter is
unable to submit the absentee ballot, it shall be sufficient

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for the voter to submit to the judges or official (i) a portion
of the absentee ballot if the absentee ballot was torn or
mutilated or (ii) an affidavit executed before the judges or
official 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.
(b-10) Within one day after a voter casts an early voting
ballot, the election authority shall transmit the voter's name,
street address, and precinct, ward, township, and district
numbers, as the case may be, to the State Board of Elections,
which shall maintain those names and that information in an
electronic format on its website, arranged by county and
accessible to State and local political committees.
(b-15) Immediately after voting an early ballot, the voter
shall be instructed whether the voting equipment accepted or
rejected the ballot or identified that ballot as under-voted
for a statewide constitutional office. A voter whose ballot is
identified as under-voted may return to the voting booth and
complete the voting of that ballot. A voter whose early voting
ballot is not accepted by the voting equipment may, upon
surrendering the ballot, request and vote another early voting
ballot. The voter's surrendered ballot shall be initialed by
the election judge or official conducting the early voting and
handled as provided in the appropriate Article governing the
voting equipment used.

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(c) The sealed early ballots in their carrier envelope
shall be delivered by the election authority to the central
ballot counting location before the close of the polls on the
day of the election.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;