Bill Text: IL HB4837 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Election Code. Creates a pilot program for DuPage County that allows the election authority to obtain driver's license pictures to help verify a voter's identity. Removes provisions that an unregistered qualified elector may register to vote or a registered voter may submit a change of address form at any other early voting site beginning 15 days prior to the election, and provides that registration or changes to address may be submitted at a permanent polling place (rather than a polling place). Provides that certain election authorities may opt out of registration in the polling place if, among other requirements, the election authority establishes grace period registration and voting in a polling place in each municipality where 20% or more of the county's registered voters (rather than residents) reside. Requires any individual challenging the validity of petitions to notify the applicable election authority when a challenge is filed in court contesting the decision of the election authority. Provides that votes by mail may be processed as they arrive in the mail, and that election authorities shall have more than 15 days to process votes by mail. Removes provision that any person entitled to vote early by personal appearance may do so at any polling place established for early voting. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4837 Detail]
Download: Illinois-2017-HB4837-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||
5 | Sections 4-16, 4-50, 5-23, 5-50, 6-53, 6-100, 10-8, 19-8, | |||||||||||||||||||||||||||||||||||||
6 | 19A-10, and 20-8 as follows:
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7 | (10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
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8 | Sec. 4-16. Any registered voter who changes his residence | |||||||||||||||||||||||||||||||||||||
9 | from one address
to another within the same county wherein this | |||||||||||||||||||||||||||||||||||||
10 | Article is in effect, may
have his registration transferred to | |||||||||||||||||||||||||||||||||||||
11 | his new address by making and signing
an application for change | |||||||||||||||||||||||||||||||||||||
12 | of residence address upon a form to be provided
by the county | |||||||||||||||||||||||||||||||||||||
13 | clerk. Such application must be made to the office of the
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14 | county clerk and may be made either in person or by mail. In | |||||||||||||||||||||||||||||||||||||
15 | case the
person is unable to sign his name, the county clerk | |||||||||||||||||||||||||||||||||||||
16 | shall require him to
execute the application in the presence of | |||||||||||||||||||||||||||||||||||||
17 | the county clerk or of his
properly authorized representative, | |||||||||||||||||||||||||||||||||||||
18 | by his mark, and if satisfied of the
identity of the person, | |||||||||||||||||||||||||||||||||||||
19 | the county clerk shall make the transfer.
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20 | Upon receipt of the application, the county clerk, or one | |||||||||||||||||||||||||||||||||||||
21 | of his
employees deputized to take registrations shall cause | |||||||||||||||||||||||||||||||||||||
22 | the signature of the
voter and the data appearing upon the | |||||||||||||||||||||||||||||||||||||
23 | application to be compared with the
signature and data on the |
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1 | registration record card, and if it appears that
the applicant | ||||||
2 | is the same person as the person previously registered under
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3 | that name the transfer shall be made. Notwithstanding any other | ||||||
4 | provision of law to the contrary, the Board of Elections shall, | ||||||
5 | by rule, create a pilot program for DuPage County that allows | ||||||
6 | election authorities to obtain the photograph and signature | ||||||
7 | from a voter's driver's license on file with the Secretary of | ||||||
8 | State to compare with the voter's signature and to confirm that | ||||||
9 | the person presenting themselves as the registered voter is the | ||||||
10 | same person pictured on such license. The pictures obtained | ||||||
11 | from the Secretary of State shall be affixed to the voter's | ||||||
12 | poll book to aide in the visual identification of the voter. | ||||||
13 | Registered voters shall, by rule, be allowed the option to | ||||||
14 | opt-in to having their picture checked to ensure greater voter | ||||||
15 | confidence and guarantee that no voter's vote is stolen.
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16 | No transfers of registration under the provisions of this | ||||||
17 | Section shall
be made during the 27 days preceding any election | ||||||
18 | at which such
voter would
be entitled to vote. When a removal | ||||||
19 | of a registered voter takes place from
one address to another | ||||||
20 | within the same precinct within a period during
which a | ||||||
21 | transfer of registration cannot be made
before any election or | ||||||
22 | primary, he shall be entitled to vote upon
presenting the | ||||||
23 | judges of election his affidavit substantially in the form
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24 | prescribed in Section 17-10 of this Act of a change of | ||||||
25 | residence address
within the precinct on a date therein | ||||||
26 | specified.
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1 | The county clerk may obtain information from utility | ||||||
2 | companies, city,
village, incorporated town and township | ||||||
3 | records, the post office, or from
other sources, regarding the | ||||||
4 | removal of registered voters, and may treat
such information, | ||||||
5 | and information procured from his death and marriage
records on | ||||||
6 | file in his office, as an application to erase from the | ||||||
7 | register
any name concerning which he may so have information | ||||||
8 | that the voter is no
longer qualified to vote under the name, | ||||||
9 | or from the address from which
registered, and give notice | ||||||
10 | thereof in the manner provided by Section 4-12
of this Article, | ||||||
11 | and notify voters who have changed their address that a
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12 | transfer of registration may be made in the manner provided in | ||||||
13 | this
Section enclosing a form therefor.
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14 | If any person be registered by error in a precinct other | ||||||
15 | than that in
which he resides, the county clerk may transfer | ||||||
16 | his registration to the
proper precinct, and if the error is or | ||||||
17 | may be on the part of the
registration officials, and is | ||||||
18 | disclosed too late before an election or
primary to mail the | ||||||
19 | certificate required by Section 4-15, such certificate
may be | ||||||
20 | personally delivered to the voter and he may vote thereon as | ||||||
21 | therein
provided, but such certificates so issued shall be | ||||||
22 | specially listed with
the reason for the issuance thereof.
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23 | Where a revision or rearrangement of precincts is made by | ||||||
24 | the county
board, the county clerk shall immediately transfer | ||||||
25 | to the proper precinct
the registration of any voter affected | ||||||
26 | by such revision or rearrangement of
the precinct; make the |
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1 | proper notations on the registration cards of a
voter affected | ||||||
2 | by the revision or rearrangement and shall issue revised
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3 | certificates to each registrant of such change.
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4 | Any registered voter who changes his or her name by | ||||||
5 | marriage or
otherwise shall be required to register anew and | ||||||
6 | authorize the cancellation
of the previous registration; but if | ||||||
7 | the voter still resides in the same
precinct
the elector may, | ||||||
8 | if otherwise
qualified, vote upon making an affidavit at the | ||||||
9 | polling place attesting that the voter is the same person who | ||||||
10 | is registered to vote under his or her former name. The | ||||||
11 | affidavit shall be treated by the election authority as | ||||||
12 | authorization to cancel the registration under the former name, | ||||||
13 | and the election authority shall register the person under his | ||||||
14 | or her current name.
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15 | The precinct election officials shall report to the county | ||||||
16 | clerk the
names and addresses of all persons who have changed | ||||||
17 | their addresses and
voted, which shall be treated as an | ||||||
18 | application to change address
accordingly, and the names and | ||||||
19 | addresses of all persons otherwise voting by
affidavit as in | ||||||
20 | this Section provided, which shall be treated as an
application | ||||||
21 | to erase under Section 4-12 hereof.
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22 | (Source: P.A. 94-645, eff. 8-22-05 .)
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23 | (10 ILCS 5/4-50) | ||||||
24 | Sec. 4-50. Grace period. Notwithstanding any other | ||||||
25 | provision of this
Code to the contrary, each election authority |
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1 | shall
establish procedures for the registration of voters and | ||||||
2 | for change of address during the period from the close of
| ||||||
3 | registration for an election until and including the day of the | ||||||
4 | election. During this grace period, an unregistered qualified
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5 | elector may
register to vote, and a registered voter may submit | ||||||
6 | a change of address form, in person in the office of the | ||||||
7 | election
authority, at a permanent polling place established | ||||||
8 | under Section 19A-10, at any other early voting site beginning | ||||||
9 | 15 days prior to the election, at a polling place on election | ||||||
10 | day, or at a voter registration location specifically | ||||||
11 | designated for this
purpose by the election authority. Grace | ||||||
12 | period registration and changes of address shall also be | ||||||
13 | conducted for eligible residents in connection with voting at | ||||||
14 | facilities under Section 19-12.2 of this Code. The election | ||||||
15 | authority shall
register that individual, or change a | ||||||
16 | registered voter's address, in the same manner as otherwise | ||||||
17 | provided by this Article for registration and change of | ||||||
18 | address. | ||||||
19 | If a voter who registers or changes address during this | ||||||
20 | grace period wishes to vote at the election or primary | ||||||
21 | occurring during the grace period, he or she must do so by | ||||||
22 | grace period voting. The election authority shall offer | ||||||
23 | in-person grace period voting at the authority's office, any | ||||||
24 | permanent polling place established under Section 19A-10, and | ||||||
25 | at any other early voting site beginning 15 days prior to the | ||||||
26 | election, at a polling place on election day, where grace |
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1 | period registration is required by this Section; and may offer | ||||||
2 | in-person grace period voting at additional hours and locations | ||||||
3 | specifically designated for the purpose of grace period voting | ||||||
4 | by the election authority. The election authority may allow | ||||||
5 | grace period voting by mail only if the election authority has | ||||||
6 | no ballots prepared at the authority's office. Grace period | ||||||
7 | voting shall be in a manner substantially similar to voting | ||||||
8 | under Article 19A. | ||||||
9 | Within one day after a voter casts a grace period ballot, | ||||||
10 | or within one day after the ballot is received by the election | ||||||
11 | authority if the election authority allows grace period voting | ||||||
12 | by mail, the election authority shall transmit by electronic | ||||||
13 | means pursuant to a process established by the State Board of | ||||||
14 | Elections the voter's name, street address, e-mail address, and | ||||||
15 | precinct, ward, township, and district numbers, as the case may | ||||||
16 | be, to the State Board of Elections, which shall maintain those | ||||||
17 | names and that information in an electronic format on its | ||||||
18 | website, arranged by county and accessible to State and local | ||||||
19 | political committees. The name of each person issued a grace | ||||||
20 | period ballot shall also be placed on the appropriate precinct | ||||||
21 | list of persons to whom vote by mail and early ballots have | ||||||
22 | been issued, for use as provided in Sections 17-9 and 18-5. | ||||||
23 | A person who casts a grace period ballot shall not be | ||||||
24 | permitted to revoke that ballot and vote another ballot with | ||||||
25 | respect to that primary or election. Ballots cast by persons | ||||||
26 | who register or change address during the grace period at a |
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1 | location other than their designated polling place on election | ||||||
2 | day must be transmitted to and counted at the election | ||||||
3 | authority's central ballot counting location and shall not be | ||||||
4 | transmitted to and counted at precinct polling places.
The | ||||||
5 | grace period ballots determined to be valid shall be added to | ||||||
6 | the vote totals for the precincts for which they were cast in | ||||||
7 | the order in which the ballots were opened. | ||||||
8 | In counties with a population of less than 100,000 that do | ||||||
9 | not have electronic poll books, the election authority may opt | ||||||
10 | out of registration in the polling place if the election | ||||||
11 | authority establishes grace period registration and voting at | ||||||
12 | other sites on election day at the following sites: (i) the | ||||||
13 | election authority's main office and (ii) a polling place in | ||||||
14 | each municipality where 20% or more of the county's registered | ||||||
15 | voters residents reside if the election authority's main office | ||||||
16 | is not located in that municipality. The election authority may | ||||||
17 | establish other grace period registration and voting sites on | ||||||
18 | election day provided that the election authority has met the | ||||||
19 | notice requirements of Section 19A-25 for permanent and | ||||||
20 | temporary early voting sites.
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21 | (Source: P.A. 100-442, eff. 8-25-17.)
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22 | (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
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23 | Sec. 5-23. Any registered voter who changes his residence | ||||||
24 | from one address,
number or place to another within the same | ||||||
25 | county wherein this Article 5
is in effect, may have his |
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1 | registration transferred to his new address by
making and | ||||||
2 | signing an application for such change of residence upon a form
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3 | to be provided by the county clerk. Such application must be | ||||||
4 | made to the
office of the county clerk. In case the person is | ||||||
5 | unable to sign his name
the county clerk shall require such | ||||||
6 | person to execute the request in the
presence of the county | ||||||
7 | clerk or of his properly authorized representative,
by his | ||||||
8 | mark, and if satisfied of the identity of the person, the | ||||||
9 | county
clerk shall make the transfer.
| ||||||
10 | Upon receipt of such application, the county clerk, or one | ||||||
11 | of his employees
deputized to take registrations shall cause | ||||||
12 | the signature of the voter and
the data appearing upon the | ||||||
13 | application to be compared with the signature
and data on the | ||||||
14 | registration record, and if it appears that the applicant
is | ||||||
15 | the same person as the party previously registered under that | ||||||
16 | name the
transfer shall be made. Notwithstanding any other | ||||||
17 | provision of law to the contrary, the Board of Elections shall, | ||||||
18 | by rule, create a pilot program for DuPage County that allows | ||||||
19 | election authorities to obtain the photograph and signature | ||||||
20 | from a voter's driver's license on file with the Secretary of | ||||||
21 | State to compare with the voter's signature and to confirm that | ||||||
22 | the person presenting themselves as the registered voter is the | ||||||
23 | same person pictured on such license. The pictures obtained | ||||||
24 | from the Secretary of State shall be affixed to the voter's | ||||||
25 | poll book to aide in the visual identification of the voter. | ||||||
26 | Registered voters shall, by rule, be allowed the option to |
| |||||||
| |||||||
1 | opt-in to having their picture checked to ensure greater voter | ||||||
2 | confidence and guarantee that no voter's vote is stolen.
| ||||||
3 | Transfer of registration under the provisions of this | ||||||
4 | section may not be
made within the period when the county | ||||||
5 | clerk's office is closed to registration
prior to an election | ||||||
6 | at which such voter would be entitled to vote.
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7 | Any registered voter who changes his or her name by | ||||||
8 | marriage or
otherwise, shall be required to register anew and | ||||||
9 | authorize the
cancellation of the previous registration; | ||||||
10 | provided, however, that if
the change of name takes place | ||||||
11 | within a period during which such new
registration cannot be | ||||||
12 | made, next preceding any election or primary, the
elector may, | ||||||
13 | if otherwise qualified, vote upon making the following
| ||||||
14 | affidavit before the judges of election:
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15 | I do solemnly swear that I am the same person now | ||||||
16 | registered in the
.... precinct of the .... ward of the city of | ||||||
17 | .... or .... District Town
of .... under the name of .... and | ||||||
18 | that I still reside in said precinct
or district.
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19 | (Signed) ....
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20 | If the voter whose name has changed still resides in the | ||||||
21 | same precinct, the voter may vote after making the affidavit at | ||||||
22 | the polling place regardless of when the change of name | ||||||
23 | occurred. In that event, the affidavit shall not state that the | ||||||
24 | voter is required to register; the affidavit shall be treated | ||||||
25 | by the election authority as authorization to cancel the | ||||||
26 | registration under the former name, and the election authority |
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1 | shall register the voter under his or her current name.
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2 | Suitable forms for this purpose shall be provided by the | ||||||
3 | county clerk. The form
in all cases shall be similar to the | ||||||
4 | form furnished by the county clerk
for county and state | ||||||
5 | elections.
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6 | The precinct election officials shall report to the county | ||||||
7 | clerk the names
and addresses of all such persons who have | ||||||
8 | changed their addresses and voted.
The city, village, town and | ||||||
9 | incorporated town clerks shall within five days
after every | ||||||
10 | election report to the county clerk the names and addresses
of | ||||||
11 | the persons reported to them as having voted by affidavit as in | ||||||
12 | this
Section provided.
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13 | The county clerk may obtain information from utility | ||||||
14 | companies, city,
village, town and incorporated town records, | ||||||
15 | the post office or from
other sources regarding the removal of | ||||||
16 | registered voters and notify such
voters that a transfer of | ||||||
17 | registration may be made in the manner
provided by this | ||||||
18 | Section.
| ||||||
19 | If any person be registered by error in a precinct other | ||||||
20 | than that in
which he resides the county clerk shall be | ||||||
21 | empowered to transfer his
registration to the proper precinct.
| ||||||
22 | Where a revision or rearrangement of precincts is made by | ||||||
23 | the board
of county commissioners, the county clerk shall | ||||||
24 | immediately transfer to
the proper precinct the registration of | ||||||
25 | any voter affected by such
revision or rearrangement of the | ||||||
26 | precincts; make the proper notations on
the registration cards |
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| |||||||
1 | of a voter affected by the revision of
registration and shall | ||||||
2 | notify the registrant of such change.
| ||||||
3 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
4 | (10 ILCS 5/5-50) | ||||||
5 | Sec. 5-50. Grace period. Notwithstanding any other | ||||||
6 | provision of this
Code to the contrary, each election authority | ||||||
7 | shall
establish procedures for the registration of voters and | ||||||
8 | for change of address during the period from the close of
| ||||||
9 | registration for an election until and including the day of the | ||||||
10 | election. During this grace period, an unregistered qualified
| ||||||
11 | elector may
register to vote, and a registered voter may submit | ||||||
12 | a change of address form, in person in the office of the | ||||||
13 | election
authority, at a permanent polling place established | ||||||
14 | under Section 19A-10, at any other early voting site beginning | ||||||
15 | 15 days prior to the election, at a polling place on election | ||||||
16 | day, or at a voter registration location specifically | ||||||
17 | designated for this
purpose by the election authority. Grace | ||||||
18 | period registration and changes of address shall also be | ||||||
19 | conducted for eligible residents in connection with voting at | ||||||
20 | facilities under Section 19-12.2 of this Code. The election | ||||||
21 | authority shall
register that individual, or change a | ||||||
22 | registered voter's address, in the same manner as otherwise | ||||||
23 | provided by this Article for registration and change of | ||||||
24 | address. | ||||||
25 | If a voter who registers or changes address during this |
| |||||||
| |||||||
1 | grace period wishes to vote at the election or primary | ||||||
2 | occurring during the grace period, he or she must do so by | ||||||
3 | grace period voting. The election authority shall offer | ||||||
4 | in-person grace period voting at his or her office, any | ||||||
5 | permanent polling place established under Section 19A-10, and | ||||||
6 | at any other early voting site beginning 15 days prior to the | ||||||
7 | election, at a polling place on election day, where grace | ||||||
8 | period registration is required by this Section; and may offer | ||||||
9 | in-person grace period voting at additional hours and locations | ||||||
10 | specifically designated for the purpose of grace period voting | ||||||
11 | by the election authority. The election authority may allow | ||||||
12 | grace period voting by mail only if the election authority has | ||||||
13 | no ballots prepared at the authority's office. Grace period | ||||||
14 | voting shall be in a manner substantially similar to voting | ||||||
15 | under Article 19A. | ||||||
16 | Within one day after a voter casts a grace period ballot, | ||||||
17 | or within one day after the ballot is received by the election | ||||||
18 | authority if the election authority allows grace period voting | ||||||
19 | by mail, the election authority shall transmit by electronic | ||||||
20 | means pursuant to a process established by the State Board of | ||||||
21 | Elections the voter's name, street address, e-mail address, and | ||||||
22 | precinct, ward, township, and district numbers, as the case may | ||||||
23 | be, to the State Board of Elections, which shall maintain those | ||||||
24 | names and that information in an electronic format on its | ||||||
25 | website, arranged by county and accessible to State and local | ||||||
26 | political committees. The name of each person issued a grace |
| |||||||
| |||||||
1 | period ballot shall also be placed on the appropriate precinct | ||||||
2 | list of persons to whom vote by mail and early ballots have | ||||||
3 | been issued, for use as provided in Sections 17-9 and 18-5. | ||||||
4 | A person who casts a grace period ballot shall not be | ||||||
5 | permitted to revoke that ballot and vote another ballot with | ||||||
6 | respect to that primary or election. Ballots cast by persons | ||||||
7 | who register or change address during the grace period at a | ||||||
8 | location other than their designated polling place on election | ||||||
9 | day must be transmitted to and counted at the election | ||||||
10 | authority's central ballot counting location and shall not be | ||||||
11 | transmitted to and counted at precinct polling places. The | ||||||
12 | grace period ballots determined to be valid shall be added to | ||||||
13 | the vote totals for the precincts for which they were cast in | ||||||
14 | the order in which the ballots were opened.
| ||||||
15 | In counties with a population of less than 100,000 that do | ||||||
16 | not have electronic poll books, the election authority may opt | ||||||
17 | out of registration in the polling place if the election | ||||||
18 | authority establishes grace period registration and voting at | ||||||
19 | other sites on election day at the following sites: (i) the | ||||||
20 | election authority's main office and (ii) a polling place in | ||||||
21 | each municipality where 20% or more of the county's registered | ||||||
22 | voters residents reside if the election authority's main office | ||||||
23 | is not located in that municipality. The election authority may | ||||||
24 | establish other grace period registration and voting sites on | ||||||
25 | election day provided that the election authority has met the | ||||||
26 | notice requirements of Section 19A-25 for permanent and |
| |||||||
| |||||||
1 | temporary early voting sites.
| ||||||
2 | (Source: P.A. 100-442, eff. 8-25-17.)
| ||||||
3 | (10 ILCS 5/6-53) (from Ch. 46, par. 6-53)
| ||||||
4 | Sec. 6-53.
Any registered elector who changes his residence | ||||||
5 | from one
address number or place to another within the same | ||||||
6 | precinct, city or
village or incorporated town, may have his | ||||||
7 | registration transferred to his
new address by making and | ||||||
8 | signing an application for such change of
residence address | ||||||
9 | upon a form to be provided by such board of election
| ||||||
10 | commissioners. Such application may be made to the office of | ||||||
11 | such board or
at any place designated in accordance with | ||||||
12 | Section 6-51 of this Article.
| ||||||
13 | Upon receipt of such application the board of election | ||||||
14 | commissioners or
officer, employee or deputy registrar | ||||||
15 | designated by such board shall cause
the signature of the voter | ||||||
16 | and the data appearing upon the application to
be compared with | ||||||
17 | the signature and data on the registration record, and if
it | ||||||
18 | appears that the applicant is the same person as the party | ||||||
19 | previously
registered under that name, the transfer shall be | ||||||
20 | made. In case the person
is unable to sign his name the board | ||||||
21 | of election commissioners shall
require such person to execute | ||||||
22 | the request in the presence of the board or
of its properly | ||||||
23 | authorized representative, by his mark, and if satisfied of
the | ||||||
24 | identity of the person, the board of election commissioners | ||||||
25 | shall make
the transfer. The person in charge of the |
| |||||||
| |||||||
1 | registration shall draw a line
through the last address, ward | ||||||
2 | and precinct number on the original and
duplicate and write the | ||||||
3 | new address, ward and precinct number on the
original and | ||||||
4 | duplicate registration records. Notwithstanding any other | ||||||
5 | provision of law to the contrary, the Board of Elections shall, | ||||||
6 | by rule, create a pilot program for DuPage County that allows | ||||||
7 | election authorities to obtain the photograph and signature | ||||||
8 | from a voter's driver's license on file with the Secretary of | ||||||
9 | State to compare with the voter's signature and to confirm that | ||||||
10 | the person presenting themselves as the registered voter is the | ||||||
11 | same person pictured on such license. The pictures obtained | ||||||
12 | from the Secretary of State shall be affixed to the voter's | ||||||
13 | poll book to aide in the visual identification of the voter. | ||||||
14 | Registered voters shall, by rule, be allowed the option to | ||||||
15 | opt-in to having their picture checked to ensure greater voter | ||||||
16 | confidence and guarantee that no voter's vote is stolen.
| ||||||
17 | Any registered elector may transfer his registration only | ||||||
18 | at any such
time as is provided by this Article for the | ||||||
19 | registration of voters at the
office of the board. When a | ||||||
20 | removal of a registered voter takes place from
one address to | ||||||
21 | another within the same precinct within a period during
which | ||||||
22 | such transfer of registration cannot be made, before any | ||||||
23 | election or
primary, he shall be entitled to vote upon | ||||||
24 | presenting to the judges of
election an affidavit of a change | ||||||
25 | and having said affidavit supported by
the affidavit of a | ||||||
26 | qualified voter who is a householder in the same
precinct. |
| |||||||
| |||||||
1 | Suitable forms for this purpose shall be provided by the board | ||||||
2 | of
election commissioners whose duty it is to conduct the | ||||||
3 | election; and
thereupon the precinct election officials shall | ||||||
4 | report to the board of
election commissioners the names of all | ||||||
5 | such persons who have changed their
address and voted.
| ||||||
6 | The board of election commissioners may obtain information | ||||||
7 | from utility
companies, city records, the post office or from | ||||||
8 | other sources regarding
the removal of registered voters, and | ||||||
9 | notify such voters that a transfer of
registration may be made | ||||||
10 | in the manner provided by this section.
| ||||||
11 | If any person be registered by error in a precinct other | ||||||
12 | than that in
which he resides, a transfer of registration to | ||||||
13 | the precinct in which he
resides may be made in the manner | ||||||
14 | provided by this section.
| ||||||
15 | Where a revision or rearrangement of precincts is made by | ||||||
16 | the board of
election commissioners under the power conferred | ||||||
17 | by Section 11-3 of
Article 11 of this Act, such board shall | ||||||
18 | immediately transfer to the proper
precinct the registration of | ||||||
19 | any voter affected by such revision or
rearrangement of | ||||||
20 | precincts; make the proper notations on the cards in the
master | ||||||
21 | and precinct files; and shall notify the registrant of such | ||||||
22 | change.
| ||||||
23 | (Source: Laws 1967, p. 3449 .)
| ||||||
24 | (10 ILCS 5/6-100) | ||||||
25 | Sec. 6-100. Grace period. Notwithstanding any other |
| |||||||
| |||||||
1 | provision of this
Code to the contrary, each election authority | ||||||
2 | shall
establish procedures for the registration of voters and | ||||||
3 | for change of address during the period from the close of
| ||||||
4 | registration for an election until and including the day of the | ||||||
5 | election. During this grace period, an unregistered qualified
| ||||||
6 | elector may
register to vote, and a registered voter may submit | ||||||
7 | a change of address form, in person in the office of the | ||||||
8 | election
authority, at a permanent polling place established | ||||||
9 | under Section 19A-10, at any other early voting site beginning | ||||||
10 | 15 days prior to the election, at a permanent polling place on | ||||||
11 | election day, or at a voter registration location specifically | ||||||
12 | designated for this
purpose by the election authority. Grace | ||||||
13 | period registration and changes of address shall also be | ||||||
14 | conducted for eligible residents in connection with voting at | ||||||
15 | facilities under Section 19-12.2 of this Code. The election | ||||||
16 | authority shall
register that individual, or change a | ||||||
17 | registered voter's address, in the same manner as otherwise | ||||||
18 | provided by this Article for registration and change of | ||||||
19 | address. | ||||||
20 | If a voter who registers or changes address during this | ||||||
21 | grace period wishes to vote at the election or primary | ||||||
22 | occurring during the grace period. The election authority shall | ||||||
23 | offer in-person grace period voting at the authority's office, | ||||||
24 | any permanent polling place established under Section 19A-10, | ||||||
25 | and at any other early voting site beginning 15 days prior to | ||||||
26 | the election, at a polling place on election day, where grace |
| |||||||
| |||||||
1 | period registration is required by this Section; and may offer | ||||||
2 | in-person grace period voting at additional hours and locations | ||||||
3 | specifically designated for the purpose of grace period voting | ||||||
4 | by the election authority. The election authority may allow | ||||||
5 | grace period voting by mail only if the election authority has | ||||||
6 | no ballots prepared at the authority's office. Grace period | ||||||
7 | voting shall be in a manner substantially similar to voting | ||||||
8 | under Article 19A. | ||||||
9 | Within one day after a voter casts a grace period ballot, | ||||||
10 | or within one day after the ballot is received by the election | ||||||
11 | authority if the election authority allows grace period voting | ||||||
12 | by mail, the election authority shall transmit by electronic | ||||||
13 | means pursuant to a process established by the State Board of | ||||||
14 | Elections the voter's name, street address, e-mail address, and | ||||||
15 | precinct, ward, township, and district numbers, as the case may | ||||||
16 | be, to the State Board of Elections, which shall maintain those | ||||||
17 | names and that information in an electronic format on its | ||||||
18 | website, arranged by county and accessible to State and local | ||||||
19 | political committees. The name of each person issued a grace | ||||||
20 | period ballot shall also be placed on the appropriate precinct | ||||||
21 | list of persons to whom vote by mail and early ballots have | ||||||
22 | been issued, for use as provided in Sections 17-9 and 18-5. | ||||||
23 | A person who casts a grace period ballot shall not be | ||||||
24 | permitted to revoke that ballot and vote another ballot with | ||||||
25 | respect to that primary or election. Ballots cast by persons | ||||||
26 | who register or change address during the grace period at a |
| |||||||
| |||||||
1 | location other than their designated polling place on election | ||||||
2 | day must be transmitted to and counted at the election | ||||||
3 | authority's central ballot counting location and shall not be | ||||||
4 | transmitted to and counted at precinct polling places. The | ||||||
5 | grace period ballots determined to be valid shall be added to | ||||||
6 | the vote totals for the precincts for which they were cast in | ||||||
7 | the order in which the ballots were opened. | ||||||
8 | In counties with a population of less than 100,000 that do | ||||||
9 | not have electronic poll books, the election authority may opt | ||||||
10 | out of registration in the polling place if the election | ||||||
11 | authority establishes grace period registration and voting at | ||||||
12 | other sites on election day at the following sites: (i) the | ||||||
13 | election authority's main office and (ii) a polling place in | ||||||
14 | each municipality where 20% or more of the county's registered | ||||||
15 | voters residents reside if the election authority's main office | ||||||
16 | is not located in that municipality. The election authority may | ||||||
17 | establish other grace period registration and voting sites on | ||||||
18 | election day provided that the election authority has met the | ||||||
19 | notice requirements of Section 19A-25 for permanent and | ||||||
20 | temporary early voting sites.
| ||||||
21 | (Source: P.A. 100-442, eff. 8-25-17.)
| ||||||
22 | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| ||||||
23 | Sec. 10-8.
Certificates of nomination and nomination | ||||||
24 | papers, and
petitions to submit public questions to a | ||||||
25 | referendum, being filed as
required by this Code, and being in |
| |||||||
| |||||||
1 | apparent conformity with the
provisions of this Act, shall be | ||||||
2 | deemed to be valid unless objection
thereto is duly made in | ||||||
3 | writing within 5 business days after the last day for
filing | ||||||
4 | the certificate of nomination or nomination papers or petition
| ||||||
5 | for a public question, with the following exceptions:
| ||||||
6 | A. In the case of petitions to amend Article IV of the
| ||||||
7 | Constitution of the State of Illinois, there shall be a | ||||||
8 | period of 35
business days after the last day for the | ||||||
9 | filing of such
petitions in which objections can be filed.
| ||||||
10 | B. In the case of petitions for advisory questions of | ||||||
11 | public policy to be
submitted to the voters of the entire | ||||||
12 | State, there shall be a period of
35 business days after | ||||||
13 | the last day for the filing of such
petitions in which | ||||||
14 | objections can be filed.
| ||||||
15 | Any legal voter of the political subdivision or district in | ||||||
16 | which the
candidate or public question is to be voted on, or | ||||||
17 | any legal voter in
the State in the case of a proposed | ||||||
18 | amendment to Article IV of the
Constitution or an advisory | ||||||
19 | public question to be submitted to the
voters of the entire | ||||||
20 | State, having objections to any certificate of nomination
or | ||||||
21 | nomination papers or petitions filed, shall file an objector's | ||||||
22 | petition
together with 2 copies thereof in the principal office | ||||||
23 | or the permanent branch
office of the State Board of Elections, | ||||||
24 | or in the office of the election
authority or local election | ||||||
25 | official with whom the certificate of
nomination, nomination | ||||||
26 | papers or petitions are on file. Objection petitions that do |
| |||||||
| |||||||
1 | not include 2 copies thereof, shall not be accepted.
In the | ||||||
2 | case of nomination papers or certificates of nomination,
the | ||||||
3 | State Board of Elections, election authority or local election | ||||||
4 | official
shall note the day and hour upon which such objector's
| ||||||
5 | petition is filed, and shall, not later than 12:00
noon on the | ||||||
6 | second business day after receipt of the
petition, transmit by | ||||||
7 | registered mail or receipted
personal delivery the certificate | ||||||
8 | of nomination or nomination papers and
the original objector's | ||||||
9 | petition to the chairman of the proper electoral
board | ||||||
10 | designated in Section 10-9 hereof, or his authorized agent, and
| ||||||
11 | shall transmit a copy by registered mail or receipted personal | ||||||
12 | delivery
of the objector's petition, to the candidate whose | ||||||
13 | certificate of nomination
or nomination papers are objected to, | ||||||
14 | addressed to the place of residence
designated in said | ||||||
15 | certificate of nomination or nomination papers. In the
case of | ||||||
16 | objections to a petition for a proposed amendment to Article IV | ||||||
17 | of
the Constitution or for an advisory public question to be | ||||||
18 | submitted to the
voters of the entire State, the State Board of | ||||||
19 | Elections shall note the day
and hour upon which such | ||||||
20 | objector's petition is filed and shall transmit a
copy of the | ||||||
21 | objector's petition by registered mail or receipted personal
| ||||||
22 | delivery to the person designated on a certificate attached to | ||||||
23 | the petition
as the principal proponent of such proposed | ||||||
24 | amendment or public question,
or as the proponents' attorney, | ||||||
25 | for the purpose of receiving notice of
objections. In the case | ||||||
26 | of objections to a petition for a public question,
to be |
| |||||||
| |||||||
1 | submitted to the voters of a political subdivision, or district
| ||||||
2 | thereof, the election authority or local election official with | ||||||
3 | whom such
petition is filed shall note the day and hour upon | ||||||
4 | which such
objector's petition was filed, and shall, not later | ||||||
5 | than 12:00 noon on the
second business day after receipt of the | ||||||
6 | petition,
transmit by registered mail or receipted personal | ||||||
7 | delivery
the petition for the public question and the original | ||||||
8 | objector's petition
to the chairman of the proper electoral | ||||||
9 | board designated in Section 10-9
hereof, or his authorized | ||||||
10 | agent, and shall transmit a copy by
registered mail or | ||||||
11 | receipted personal delivery, of the objector's petition
to the | ||||||
12 | person designated on a certificate attached to the petition as | ||||||
13 | the
principal proponent of the public question, or as the | ||||||
14 | proponent's attorney,
for the purposes of receiving notice of | ||||||
15 | objections.
| ||||||
16 | The objector's petition shall give the objector's name and | ||||||
17 | residence
address, and shall state fully the nature of the | ||||||
18 | objections to the
certificate of nomination or nomination | ||||||
19 | papers or petitions in question,
and shall state the interest | ||||||
20 | of the objector and shall state what relief
is requested of the | ||||||
21 | electoral board.
| ||||||
22 | The provisions of this Section and of Sections 10-9, 10-10 | ||||||
23 | and
10-10.1 shall also apply to and govern objections to | ||||||
24 | petitions for
nomination filed under Article 7 or Article 8, | ||||||
25 | except as otherwise
provided in Section 7-13 for cases to which | ||||||
26 | it is applicable, and also
apply to and govern petitions for |
| |||||||
| |||||||
1 | the submission of public questions under
Article 28.
| ||||||
2 | Notwithstanding any other provision of law to the contrary, | ||||||
3 | any individual challenging the validity of petitions shall | ||||||
4 | notify the applicable election authority when that individual | ||||||
5 | files a challenge in court contesting the decision of that | ||||||
6 | election authority. | ||||||
7 | (Source: P.A. 98-691, eff. 7-1-14.)
| ||||||
8 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
9 | Sec. 19-8. Time and place of counting ballots. | ||||||
10 | (a) (Blank.) | ||||||
11 | (b) Each vote by mail voter's ballot returned to an | ||||||
12 | election authority, by any means authorized by this Article, | ||||||
13 | and received by that election authority before the closing of | ||||||
14 | the polls on election day shall be endorsed by the receiving | ||||||
15 | election authority with the day and hour of receipt and may be | ||||||
16 | processed by the election authority beginning on the day it is | ||||||
17 | received by the election authority in the central ballot | ||||||
18 | counting location of the election authority, but the results of | ||||||
19 | the processing may not be counted until the day of the election | ||||||
20 | after 7:00 p.m., except as provided in subsections (g) and | ||||||
21 | (g-5).
| ||||||
22 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
23 | election authority and postmarked no later than election day, | ||||||
24 | but that is received by the election authority after the polls | ||||||
25 | close on election day and before the close of the period for |
| |||||||
| |||||||
1 | counting provisional ballots cast at that election, shall be | ||||||
2 | endorsed by the receiving authority with the day and hour of | ||||||
3 | receipt and shall be counted at the central ballot counting | ||||||
4 | location of the election authority during the period for | ||||||
5 | counting provisional ballots. | ||||||
6 | Each vote by mail voter's ballot that is mailed to an | ||||||
7 | election authority absent a postmark or a barcode usable with | ||||||
8 | an intelligent mail barcode tracking system, but that is | ||||||
9 | received by the election authority after the polls close on | ||||||
10 | election day and before the close of the period for counting | ||||||
11 | provisional ballots cast at that election, shall be endorsed by | ||||||
12 | the receiving authority with the day and hour of receipt, | ||||||
13 | opened to inspect the date inserted on the certification, and, | ||||||
14 | if the certification date is election day or earlier and the | ||||||
15 | ballot is otherwise found to be valid under the requirements of | ||||||
16 | this Section, counted at the central ballot counting location | ||||||
17 | of the election authority during the period for counting | ||||||
18 | provisional ballots. Absent a date on the certification, the | ||||||
19 | ballot shall not be counted.
| ||||||
20 | If an election authority is using an intelligent mail | ||||||
21 | barcode tracking system, a ballot that is mailed to an election | ||||||
22 | authority absent a postmark may be counted if the intelligent | ||||||
23 | mail barcode tracking system verifies the envelope was mailed | ||||||
24 | no later than election day. | ||||||
25 | (d) Special write-in vote by mail voter's blank ballots | ||||||
26 | returned to an election authority, by any means authorized by |
| |||||||
| |||||||
1 | this Article, and received by the election authority at any | ||||||
2 | time before the closing of the polls on election day shall be | ||||||
3 | endorsed by the receiving election authority with the day and | ||||||
4 | hour of receipt and shall be counted at the central ballot | ||||||
5 | counting location of the election authority during the same | ||||||
6 | period provided for counting vote by mail voters' ballots under | ||||||
7 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
8 | voter's blank ballots that are mailed to an election authority | ||||||
9 | and postmarked no later than election day, but that are | ||||||
10 | received by the election authority after the polls close on | ||||||
11 | election day and before the closing of the period for counting | ||||||
12 | provisional ballots cast at that election, shall be endorsed by | ||||||
13 | the receiving authority with the day and hour of receipt and | ||||||
14 | shall be counted at the central ballot counting location of the | ||||||
15 | election authority during the same periods provided for | ||||||
16 | counting vote by mail voters' ballots under subsection (c). | ||||||
17 | Notwithstanding any other provision of law to the contrary, | ||||||
18 | votes by mail ballots may be processed as they arrive in the | ||||||
19 | mail. Notwithstanding any other provision of law to the | ||||||
20 | contrary, election authorities shall have more than 15 days to | ||||||
21 | process vote by mail ballots. | ||||||
22 | (e) Except as otherwise provided in this Section, vote by | ||||||
23 | mail voters' ballots and special write-in vote by mail voter's | ||||||
24 | blank ballots received by the election authority after the | ||||||
25 | closing of the polls on an
election day shall be endorsed by | ||||||
26 | the election authority receiving them
with the day and hour of |
| |||||||
| |||||||
1 | receipt and shall be safely kept unopened by the
election | ||||||
2 | authority for the period of time required for the preservation | ||||||
3 | of
ballots used at the election, and shall then, without being | ||||||
4 | opened, be
destroyed in like manner as the used ballots of that | ||||||
5 | election.
| ||||||
6 | (f) Counting required under this Section to begin on | ||||||
7 | election day after the closing of the polls shall commence no | ||||||
8 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
9 | panels of election judges appointed in the manner provided
by | ||||||
10 | law. The counting shall continue until all vote by mail voters' | ||||||
11 | ballots and special write-in vote by mail voter's blank ballots | ||||||
12 | required to be counted on election day have been counted.
| ||||||
13 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
14 | Code shall apply to all ballots counted under
this Section. In | ||||||
15 | addition, within 2 days after a vote by mail ballot is | ||||||
16 | received, but in all cases before the close of the period for | ||||||
17 | counting provisional ballots, the election judge or official | ||||||
18 | shall compare the voter's signature on the certification | ||||||
19 | envelope of that vote by mail ballot with the signature of the | ||||||
20 | voter on file in the office of the election authority. If the | ||||||
21 | election judge or official determines that the 2 signatures | ||||||
22 | match, and that the vote by mail voter is otherwise qualified | ||||||
23 | to cast a vote by mail ballot, the election authority shall | ||||||
24 | cast and count the ballot on election day or the day the ballot | ||||||
25 | is determined to be valid, whichever is later, adding the | ||||||
26 | results to the precinct in which the voter is registered. If |
| |||||||
| |||||||
1 | the election judge or official determines that the signatures | ||||||
2 | do not match, or that the vote by mail voter is not qualified | ||||||
3 | to cast a vote by mail ballot, then without opening the | ||||||
4 | certification envelope, the judge or official shall mark across | ||||||
5 | the face of the certification envelope the word "Rejected" and | ||||||
6 | shall not cast or count the ballot. | ||||||
7 | In addition to the voter's signatures not matching, a vote | ||||||
8 | by mail ballot may be rejected by the election judge or | ||||||
9 | official: | ||||||
10 | (1) if the ballot envelope is open or has been opened | ||||||
11 | and resealed; | ||||||
12 | (2) if the voter has already cast an early or grace | ||||||
13 | period ballot; | ||||||
14 | (3) if the voter voted in person on election day or the | ||||||
15 | voter is not a duly registered voter in the precinct; or | ||||||
16 | (4) on any other basis set forth in this Code. | ||||||
17 | If the election judge or official determines that any of | ||||||
18 | these reasons apply, the judge or official shall mark across | ||||||
19 | the face of the certification envelope the word "Rejected" and | ||||||
20 | shall not cast or count the ballot.
| ||||||
21 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
22 | judge or official for any reason, the election authority shall, | ||||||
23 | within 2 days after the rejection but in all cases before the | ||||||
24 | close of the period for counting provisional ballots, notify | ||||||
25 | the vote by mail voter that his or her ballot was rejected. The | ||||||
26 | notice shall inform the voter of the reason or reasons the |
| |||||||
| |||||||
1 | ballot was rejected and shall state that the voter may appear | ||||||
2 | before the election authority, on or before the 14th day after | ||||||
3 | the election, to show cause as to why the ballot should not be | ||||||
4 | rejected. The voter may present evidence to the election | ||||||
5 | authority supporting his or her contention that the ballot | ||||||
6 | should be counted. The election authority shall appoint a panel | ||||||
7 | of 3 election judges to review the contested ballot, | ||||||
8 | application, and certification envelope, as well as any | ||||||
9 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
10 | election judges on the reviewing panel shall be of the same | ||||||
11 | political party. The reviewing panel of election judges shall | ||||||
12 | make a final determination as to the validity of the contested | ||||||
13 | vote by mail ballot. The judges' determination shall not be | ||||||
14 | reviewable either administratively or judicially. | ||||||
15 | A vote by mail ballot subject to this subsection that is | ||||||
16 | determined to be valid shall be counted before the close of the | ||||||
17 | period for counting provisional ballots.
| ||||||
18 | (g-10) All vote by mail ballots determined to be valid | ||||||
19 | shall be added to the vote totals for the precincts for which | ||||||
20 | they were cast in the order in which the ballots were opened.
| ||||||
21 | (h) Each political party, candidate, and qualified civic | ||||||
22 | organization shall be entitled to have present one pollwatcher | ||||||
23 | for each panel of election judges therein assigned.
| ||||||
24 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| ||||||
25 | (10 ILCS 5/19A-10)
|
| |||||||
| |||||||
1 | Sec. 19A-10. Permanent polling places for early voting.
| ||||||
2 | (a) An election authority may establish permanent polling | ||||||
3 | places for early
voting by personal appearance at locations | ||||||
4 | throughout the election authority's
jurisdiction, including | ||||||
5 | but not limited to a municipal clerk's office, a township | ||||||
6 | clerk's office, a road district clerk's office, or a county or | ||||||
7 | local public agency office. Any person
entitled to vote early | ||||||
8 | by personal appearance may do so at any polling place
| ||||||
9 | established for early voting.
| ||||||
10 | (b) (Blank).
| ||||||
11 | (c) During each general primary and general election, each | ||||||
12 | election authority in a county with a population over 250,000 | ||||||
13 | shall establish at least one permanent polling place for early | ||||||
14 | voting by personal appearance at a location within each of the | ||||||
15 | 3 largest municipalities within its jurisdiction. If any of the | ||||||
16 | 3 largest municipalities is over 80,000, the election authority | ||||||
17 | shall establish at least 2 permanent polling places within the | ||||||
18 | municipality. All population figures shall be determined by the | ||||||
19 | federal census.
| ||||||
20 | (d) During each general primary and general election, each | ||||||
21 | board of election commissioners established under Article 6 of | ||||||
22 | this Code in any city, village, or incorporated town with a | ||||||
23 | population over 100,000 shall establish at least 2 permanent | ||||||
24 | polling places for early voting by personal appearance. All | ||||||
25 | population figures shall be determined by the federal census. | ||||||
26 | (e) During each general primary and general election, each |
| |||||||
| |||||||
1 | election authority in a county with a population of over | ||||||
2 | 100,000 but under 250,000 persons shall establish at least one | ||||||
3 | permanent polling place for early voting by personal | ||||||
4 | appearance. The location for early voting may be the election | ||||||
5 | authority's main office or another location designated by the | ||||||
6 | election authority. The election authority may designate | ||||||
7 | additional sites for early voting by personal appearance. All | ||||||
8 | population figures shall be determined by the federal census.
| ||||||
9 | (f) No permanent polling place required by this Section | ||||||
10 | shall be located within 1.5 miles from another permanent | ||||||
11 | polling place required by this Section, unless such permanent | ||||||
12 | polling place is within a municipality with a population of | ||||||
13 | 500,000 or more. | ||||||
14 | (Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| ||||||
15 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
16 | Sec. 20-8. Time and place of counting ballots. | ||||||
17 | (a) (Blank.) | ||||||
18 | (b) Each vote by mail voter's ballot returned to an | ||||||
19 | election authority, by any means authorized by this Article, | ||||||
20 | and received by that election authority may be processed by the | ||||||
21 | election authority beginning on the day it is received by the | ||||||
22 | election authority in the central ballot counting location of | ||||||
23 | the election authority, but the results of the processing may | ||||||
24 | not be counted until the day of the election after 7:00 p.m., | ||||||
25 | except as provided in subsections (g) and (g-5).
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1 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
2 | election authority and postmarked no later than election day, | ||||||
3 | but that is received by the election authority after the polls | ||||||
4 | close on election day and before the close of the period for | ||||||
5 | counting provisional ballots cast at that election, shall be | ||||||
6 | endorsed by the receiving authority with the day and hour of | ||||||
7 | receipt and shall be counted at the central ballot counting | ||||||
8 | location of the election authority during the period for | ||||||
9 | counting provisional ballots. | ||||||
10 | Each vote by mail voter's ballot that is mailed to an | ||||||
11 | election authority absent a postmark or a barcode usable with | ||||||
12 | an intelligent mail barcode tracking system, but that is | ||||||
13 | received by the election authority after the polls close on | ||||||
14 | election day and before the close of the period for counting | ||||||
15 | provisional ballots cast at that election, shall be endorsed by | ||||||
16 | the receiving authority with the day and hour of receipt, | ||||||
17 | opened to inspect the date inserted on the certification, and, | ||||||
18 | if the certification date is election day or earlier and the | ||||||
19 | ballot is otherwise found to be valid under the requirements of | ||||||
20 | this Section, counted at the central ballot counting location | ||||||
21 | of the election authority during the period for counting | ||||||
22 | provisional ballots. Absent a date on the certification, the | ||||||
23 | ballot shall not be counted.
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24 | If an election authority is using an intelligent mail | ||||||
25 | barcode tracking system, a ballot that is mailed to an election | ||||||
26 | authority absent a postmark may be counted if the intelligent |
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1 | mail barcode tracking system verifies the envelope was mailed | ||||||
2 | no later than election day. | ||||||
3 | (d) Special write-in vote by mail voter's blank ballots | ||||||
4 | returned to an election authority, by any means authorized by | ||||||
5 | this Article, and received by the election authority at any | ||||||
6 | time before the closing of the polls on election day shall be | ||||||
7 | endorsed by the receiving election authority with the day and | ||||||
8 | hour of receipt and shall be counted at the central ballot | ||||||
9 | counting location of the election authority during the same | ||||||
10 | period provided for counting vote by mail voters' ballots under | ||||||
11 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
12 | voter's blank ballot that are mailed to an election authority | ||||||
13 | and postmarked no later than election day, but that are | ||||||
14 | received by the election authority after the polls close on | ||||||
15 | election day and before the closing of the period for counting | ||||||
16 | provisional ballots cast at that election, shall be endorsed by | ||||||
17 | the receiving authority with the day and hour of receipt and | ||||||
18 | shall be counted at the central ballot counting location of the | ||||||
19 | election authority during the same periods provided for | ||||||
20 | counting vote by mail voters' ballots under subsection (c).
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21 | Notwithstanding any other provision of law to the contrary, | ||||||
22 | votes by mail ballots may be processed as they arrive in the | ||||||
23 | mail. Notwithstanding any other provision of law to the | ||||||
24 | contrary, election authorities shall have more than 15 days to | ||||||
25 | process vote by mail ballots. | ||||||
26 | (e) Except as otherwise provided in this Section, vote by |
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1 | mail voters' ballots and special write-in vote by mail voter's | ||||||
2 | blank ballots received by the election authority after the | ||||||
3 | closing of the polls on the day of election shall be
endorsed | ||||||
4 | by the person receiving the ballots with the day and hour of
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5 | receipt and shall be safely kept unopened by the election | ||||||
6 | authority for
the period of time required for the preservation | ||||||
7 | of ballots used at the
election, and shall then, without being | ||||||
8 | opened, be destroyed in like
manner as the used ballots of that | ||||||
9 | election.
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10 | (f) Counting required under this Section to begin on | ||||||
11 | election day after the closing of the polls shall commence no | ||||||
12 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
13 | panels of election judges appointed in the manner provided
by | ||||||
14 | law. The counting shall continue until all vote by mail voters' | ||||||
15 | ballots and special write-in vote by mail voter's blank ballots | ||||||
16 | required to be counted on election day have been counted.
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17 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
18 | Code shall apply to all ballots counted under
this Section. In | ||||||
19 | addition, within 2 days after a ballot subject to this Article | ||||||
20 | is received, but in all cases before the close of the period | ||||||
21 | for counting provisional ballots, the election judge or | ||||||
22 | official shall compare the voter's signature on the | ||||||
23 | certification envelope of that ballot with the signature of the | ||||||
24 | voter on file in the office of the election authority. If the | ||||||
25 | election judge or official determines that the 2 signatures | ||||||
26 | match, and that the voter is otherwise qualified to cast a |
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1 | ballot under this Article, the election authority shall cast | ||||||
2 | and count the ballot on election day or the day the ballot is | ||||||
3 | determined to be valid, whichever is later, adding the results | ||||||
4 | to the precinct in which the voter is registered. If the | ||||||
5 | election judge or official determines that the signatures do | ||||||
6 | not match, or that the voter is not qualified to cast a ballot | ||||||
7 | under this Article, then without opening the certification | ||||||
8 | envelope, the judge or official shall mark across the face of | ||||||
9 | the certification envelope the word "Rejected" and shall not | ||||||
10 | cast or count the ballot. | ||||||
11 | In addition to the voter's signatures not matching, a | ||||||
12 | ballot subject to this Article may be rejected by the election | ||||||
13 | judge or official: | ||||||
14 | (1) if the ballot envelope is open or has been opened | ||||||
15 | and resealed; | ||||||
16 | (2) if the voter has already cast an early or grace | ||||||
17 | period ballot; | ||||||
18 | (3) if the voter voted in person on election day or the | ||||||
19 | voter is not a duly registered voter in the precinct; or | ||||||
20 | (4) on any other basis set forth in this Code. | ||||||
21 | If the election judge or official determines that any of | ||||||
22 | these reasons apply, the judge or official shall mark across | ||||||
23 | the face of the certification envelope the word "Rejected" and | ||||||
24 | shall not cast or count the ballot. | ||||||
25 | (g-5) If a ballot subject to this Article is rejected by | ||||||
26 | the election judge or official for any reason, the election |
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1 | authority shall, within 2 days after the rejection but in all | ||||||
2 | cases before the close of the period for counting provisional | ||||||
3 | ballots, notify the voter that his or her ballot was rejected. | ||||||
4 | The notice shall inform the voter of the reason or reasons the | ||||||
5 | ballot was rejected and shall state that the voter may appear | ||||||
6 | before the election authority, on or before the 14th day after | ||||||
7 | the election, to show cause as to why the ballot should not be | ||||||
8 | rejected. The voter may present evidence to the election | ||||||
9 | authority supporting his or her contention that the ballot | ||||||
10 | should be counted. The election authority shall appoint a panel | ||||||
11 | of 3 election judges to review the contested ballot, | ||||||
12 | application, and certification envelope, as well as any | ||||||
13 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
14 | election judges on the reviewing panel shall be of the same | ||||||
15 | political party. The reviewing panel of election judges shall | ||||||
16 | make a final determination as to the validity of the contested | ||||||
17 | ballot. The judges' determination shall not be reviewable | ||||||
18 | either administratively or judicially. | ||||||
19 | A ballot subject to this subsection that is determined to | ||||||
20 | be valid shall be counted before the close of the period for | ||||||
21 | counting provisional ballots. | ||||||
22 | (g-10) All ballots determined to be valid shall be added to | ||||||
23 | the vote totals for the precincts for which they were cast in | ||||||
24 | the order in which the ballots were opened.
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25 | (h) Each political party,
candidate, and qualified civic | ||||||
26 | organization shall be entitled to have
present one pollwatcher |
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1 | for each panel of election judges therein assigned.
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2 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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