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


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4837

Introduced , by Rep. Jeanne M Ives

SYNOPSIS AS INTRODUCED:
10 ILCS 5/4-16 from Ch. 46, par. 4-16
10 ILCS 5/4-50
10 ILCS 5/5-23 from Ch. 46, par. 5-23
10 ILCS 5/5-50
10 ILCS 5/6-53 from Ch. 46, par. 6-53
10 ILCS 5/6-100
10 ILCS 5/10-8 from Ch. 46, par. 10-8
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19A-10
10 ILCS 5/20-8 from Ch. 46, par. 20-8

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.
LRB100 17413 MJP 32580 b

A BILL FOR

HB4837LRB100 17413 MJP 32580 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 4-16, 4-50, 5-23, 5-50, 6-53, 6-100, 10-8, 19-8,
619A-10, and 20-8 as follows:
7 (10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
8 Sec. 4-16. Any registered voter who changes his residence
9from one address to another within the same county wherein this
10Article is in effect, may have his registration transferred to
11his new address by making and signing an application for change
12of residence address upon a form to be provided by the county
13clerk. Such application must be made to the office of the
14county clerk and may be made either in person or by mail. In
15case the person is unable to sign his name, the county clerk
16shall require him to execute the application in the presence of
17the county clerk or of his properly authorized representative,
18by his mark, and if satisfied of the identity of the person,
19the county clerk shall make the transfer.
20 Upon receipt of the application, the county clerk, or one
21of his employees deputized to take registrations shall cause
22the signature of the voter and the data appearing upon the
23application to be compared with the signature and data on the

HB4837- 2 -LRB100 17413 MJP 32580 b
1registration record card, and if it appears that the applicant
2is the same person as the person previously registered under
3that name the transfer shall be made. Notwithstanding any other
4provision of law to the contrary, the Board of Elections shall,
5by rule, create a pilot program for DuPage County that allows
6election authorities to obtain the photograph and signature
7from a voter's driver's license on file with the Secretary of
8State to compare with the voter's signature and to confirm that
9the person presenting themselves as the registered voter is the
10same person pictured on such license. The pictures obtained
11from the Secretary of State shall be affixed to the voter's
12poll book to aide in the visual identification of the voter.
13Registered voters shall, by rule, be allowed the option to
14opt-in to having their picture checked to ensure greater voter
15confidence and guarantee that no voter's vote is stolen.
16 No transfers of registration under the provisions of this
17Section shall be made during the 27 days preceding any election
18at which such voter would be entitled to vote. When a removal
19of a registered voter takes place from one address to another
20within the same precinct within a period during which a
21transfer of registration cannot be made before any election or
22primary, he shall be entitled to vote upon presenting the
23judges of election his affidavit substantially in the form
24prescribed in Section 17-10 of this Act of a change of
25residence address within the precinct on a date therein
26specified.

HB4837- 3 -LRB100 17413 MJP 32580 b
1 The county clerk may obtain information from utility
2companies, city, village, incorporated town and township
3records, the post office, or from other sources, regarding the
4removal of registered voters, and may treat such information,
5and information procured from his death and marriage records on
6file in his office, as an application to erase from the
7register any name concerning which he may so have information
8that the voter is no longer qualified to vote under the name,
9or from the address from which registered, and give notice
10thereof in the manner provided by Section 4-12 of this Article,
11and notify voters who have changed their address that a
12transfer of registration may be made in the manner provided in
13this Section enclosing a form therefor.
14 If any person be registered by error in a precinct other
15than that in which he resides, the county clerk may transfer
16his registration to the proper precinct, and if the error is or
17may be on the part of the registration officials, and is
18disclosed too late before an election or primary to mail the
19certificate required by Section 4-15, such certificate may be
20personally delivered to the voter and he may vote thereon as
21therein provided, but such certificates so issued shall be
22specially listed with the reason for the issuance thereof.
23 Where a revision or rearrangement of precincts is made by
24the county board, the county clerk shall immediately transfer
25to the proper precinct the registration of any voter affected
26by such revision or rearrangement of the precinct; make the

HB4837- 4 -LRB100 17413 MJP 32580 b
1proper notations on the registration cards of a voter affected
2by the revision or rearrangement and shall issue revised
3certificates to each registrant of such change.
4 Any registered voter who changes his or her name by
5marriage or otherwise shall be required to register anew and
6authorize the cancellation of the previous registration; but if
7the voter still resides in the same precinct the elector may,
8if otherwise qualified, vote upon making an affidavit at the
9polling place attesting that the voter is the same person who
10is registered to vote under his or her former name. The
11affidavit shall be treated by the election authority as
12authorization to cancel the registration under the former name,
13and the election authority shall register the person under his
14or her current name.
15 The precinct election officials shall report to the county
16clerk the names and addresses of all persons who have changed
17their addresses and voted, which shall be treated as an
18application to change address accordingly, and the names and
19addresses of all persons otherwise voting by affidavit as in
20this Section provided, which shall be treated as an application
21to erase under Section 4-12 hereof.
22(Source: P.A. 94-645, eff. 8-22-05.)
23 (10 ILCS 5/4-50)
24 Sec. 4-50. Grace period. Notwithstanding any other
25provision of this Code to the contrary, each election authority

HB4837- 5 -LRB100 17413 MJP 32580 b
1shall establish procedures for the registration of voters and
2for change of address during the period from the close of
3registration for an election until and including the day of the
4election. During this grace period, an unregistered qualified
5elector may register to vote, and a registered voter may submit
6a change of address form, in person in the office of the
7election authority, at a permanent polling place established
8under Section 19A-10, at any other early voting site beginning
915 days prior to the election, at a polling place on election
10day, or at a voter registration location specifically
11designated for this purpose by the election authority. Grace
12period registration and changes of address shall also be
13conducted for eligible residents in connection with voting at
14facilities under Section 19-12.2 of this Code. The election
15authority shall register that individual, or change a
16registered voter's address, in the same manner as otherwise
17provided by this Article for registration and change of
18address.
19 If a voter who registers or changes address during this
20grace period wishes to vote at the election or primary
21occurring during the grace period, he or she must do so by
22grace period voting. The election authority shall offer
23in-person grace period voting at the authority's office, any
24permanent polling place established under Section 19A-10, and
25at any other early voting site beginning 15 days prior to the
26election, at a polling place on election day, where grace

HB4837- 6 -LRB100 17413 MJP 32580 b
1period registration is required by this Section; and may offer
2in-person grace period voting at additional hours and locations
3specifically designated for the purpose of grace period voting
4by the election authority. The election authority may allow
5grace period voting by mail only if the election authority has
6no ballots prepared at the authority's office. Grace period
7voting shall be in a manner substantially similar to voting
8under Article 19A.
9 Within one day after a voter casts a grace period ballot,
10or within one day after the ballot is received by the election
11authority if the election authority allows grace period voting
12by mail, the election authority shall transmit by electronic
13means pursuant to a process established by the State Board of
14Elections the voter's name, street address, e-mail address, and
15precinct, ward, township, and district numbers, as the case may
16be, to the State Board of Elections, which shall maintain those
17names and that information in an electronic format on its
18website, arranged by county and accessible to State and local
19political committees. The name of each person issued a grace
20period ballot shall also be placed on the appropriate precinct
21list of persons to whom vote by mail and early ballots have
22been issued, for use as provided in Sections 17-9 and 18-5.
23 A person who casts a grace period ballot shall not be
24permitted to revoke that ballot and vote another ballot with
25respect to that primary or election. Ballots cast by persons
26who register or change address during the grace period at a

HB4837- 7 -LRB100 17413 MJP 32580 b
1location other than their designated polling place on election
2day must be transmitted to and counted at the election
3authority's central ballot counting location and shall not be
4transmitted to and counted at precinct polling places. The
5grace period ballots determined to be valid shall be added to
6the vote totals for the precincts for which they were cast in
7the order in which the ballots were opened.
8 In counties with a population of less than 100,000 that do
9not have electronic poll books, the election authority may opt
10out of registration in the polling place if the election
11authority establishes grace period registration and voting at
12other sites on election day at the following sites: (i) the
13election authority's main office and (ii) a polling place in
14each municipality where 20% or more of the county's registered
15voters residents reside if the election authority's main office
16is not located in that municipality. The election authority may
17establish other grace period registration and voting sites on
18election day provided that the election authority has met the
19notice requirements of Section 19A-25 for permanent and
20temporary early voting sites.
21(Source: P.A. 100-442, eff. 8-25-17.)
22 (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
23 Sec. 5-23. Any registered voter who changes his residence
24from one address, number or place to another within the same
25county wherein this Article 5 is in effect, may have his

HB4837- 8 -LRB100 17413 MJP 32580 b
1registration transferred to his new address by making and
2signing an application for such change of residence upon a form
3to be provided by the county clerk. Such application must be
4made to the office of the county clerk. In case the person is
5unable to sign his name the county clerk shall require such
6person to execute the request in the presence of the county
7clerk or of his properly authorized representative, by his
8mark, and if satisfied of the identity of the person, the
9county clerk shall make the transfer.
10 Upon receipt of such application, the county clerk, or one
11of his employees deputized to take registrations shall cause
12the signature of the voter and the data appearing upon the
13application to be compared with the signature and data on the
14registration record, and if it appears that the applicant is
15the same person as the party previously registered under that
16name the transfer shall be made. Notwithstanding any other
17provision of law to the contrary, the Board of Elections shall,
18by rule, create a pilot program for DuPage County that allows
19election authorities to obtain the photograph and signature
20from a voter's driver's license on file with the Secretary of
21State to compare with the voter's signature and to confirm that
22the person presenting themselves as the registered voter is the
23same person pictured on such license. The pictures obtained
24from the Secretary of State shall be affixed to the voter's
25poll book to aide in the visual identification of the voter.
26Registered voters shall, by rule, be allowed the option to

HB4837- 9 -LRB100 17413 MJP 32580 b
1opt-in to having their picture checked to ensure greater voter
2confidence and guarantee that no voter's vote is stolen.
3 Transfer of registration under the provisions of this
4section may not be made within the period when the county
5clerk's office is closed to registration prior to an election
6at which such voter would be entitled to vote.
7 Any registered voter who changes his or her name by
8marriage or otherwise, shall be required to register anew and
9authorize the cancellation of the previous registration;
10provided, however, that if the change of name takes place
11within a period during which such new registration cannot be
12made, next preceding any election or primary, the elector may,
13if otherwise qualified, vote upon making the following
14affidavit before the judges of election:
15 I do solemnly swear that I am the same person now
16registered in the .... precinct of the .... ward of the city of
17.... or .... District Town of .... under the name of .... and
18that I still reside in said precinct or district.
19
(Signed) ....
20 If the voter whose name has changed still resides in the
21same precinct, the voter may vote after making the affidavit at
22the polling place regardless of when the change of name
23occurred. In that event, the affidavit shall not state that the
24voter is required to register; the affidavit shall be treated
25by the election authority as authorization to cancel the
26registration under the former name, and the election authority

HB4837- 10 -LRB100 17413 MJP 32580 b
1shall register the voter under his or her current name.
2 Suitable forms for this purpose shall be provided by the
3county clerk. The form in all cases shall be similar to the
4form furnished by the county clerk for county and state
5elections.
6 The precinct election officials shall report to the county
7clerk the names and addresses of all such persons who have
8changed their addresses and voted. The city, village, town and
9incorporated town clerks shall within five days after every
10election report to the county clerk the names and addresses of
11the persons reported to them as having voted by affidavit as in
12this Section provided.
13 The county clerk may obtain information from utility
14companies, city, village, town and incorporated town records,
15the post office or from other sources regarding the removal of
16registered voters and notify such voters that a transfer of
17registration may be made in the manner provided by this
18Section.
19 If any person be registered by error in a precinct other
20than that in which he resides the county clerk shall be
21empowered to transfer his registration to the proper precinct.
22 Where a revision or rearrangement of precincts is made by
23the board of county commissioners, the county clerk shall
24immediately transfer to the proper precinct the registration of
25any voter affected by such revision or rearrangement of the
26precincts; make the proper notations on the registration cards

HB4837- 11 -LRB100 17413 MJP 32580 b
1of a voter affected by the revision of registration and shall
2notify 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
6provision of this Code to the contrary, each election authority
7shall establish procedures for the registration of voters and
8for change of address during the period from the close of
9registration for an election until and including the day of the
10election. During this grace period, an unregistered qualified
11elector may register to vote, and a registered voter may submit
12a change of address form, in person in the office of the
13election authority, at a permanent polling place established
14under Section 19A-10, at any other early voting site beginning
1515 days prior to the election, at a polling place on election
16day, or at a voter registration location specifically
17designated for this purpose by the election authority. Grace
18period registration and changes of address shall also be
19conducted for eligible residents in connection with voting at
20facilities under Section 19-12.2 of this Code. The election
21authority shall register that individual, or change a
22registered voter's address, in the same manner as otherwise
23provided by this Article for registration and change of
24address.
25 If a voter who registers or changes address during this

HB4837- 12 -LRB100 17413 MJP 32580 b
1grace period wishes to vote at the election or primary
2occurring during the grace period, he or she must do so by
3grace period voting. The election authority shall offer
4in-person grace period voting at his or her office, any
5permanent polling place established under Section 19A-10, and
6at any other early voting site beginning 15 days prior to the
7election, at a polling place on election day, where grace
8period registration is required by this Section; and may offer
9in-person grace period voting at additional hours and locations
10specifically designated for the purpose of grace period voting
11by the election authority. The election authority may allow
12grace period voting by mail only if the election authority has
13no ballots prepared at the authority's office. Grace period
14voting shall be in a manner substantially similar to voting
15under Article 19A.
16 Within one day after a voter casts a grace period ballot,
17or within one day after the ballot is received by the election
18authority if the election authority allows grace period voting
19by mail, the election authority shall transmit by electronic
20means pursuant to a process established by the State Board of
21Elections the voter's name, street address, e-mail address, and
22precinct, ward, township, and district numbers, as the case may
23be, to the State Board of Elections, which shall maintain those
24names and that information in an electronic format on its
25website, arranged by county and accessible to State and local
26political committees. The name of each person issued a grace

HB4837- 13 -LRB100 17413 MJP 32580 b
1period ballot shall also be placed on the appropriate precinct
2list of persons to whom vote by mail and early ballots have
3been issued, for use as provided in Sections 17-9 and 18-5.
4 A person who casts a grace period ballot shall not be
5permitted to revoke that ballot and vote another ballot with
6respect to that primary or election. Ballots cast by persons
7who register or change address during the grace period at a
8location other than their designated polling place on election
9day must be transmitted to and counted at the election
10authority's central ballot counting location and shall not be
11transmitted to and counted at precinct polling places. The
12grace period ballots determined to be valid shall be added to
13the vote totals for the precincts for which they were cast in
14the order in which the ballots were opened.
15 In counties with a population of less than 100,000 that do
16not have electronic poll books, the election authority may opt
17out of registration in the polling place if the election
18authority establishes grace period registration and voting at
19other sites on election day at the following sites: (i) the
20election authority's main office and (ii) a polling place in
21each municipality where 20% or more of the county's registered
22voters residents reside if the election authority's main office
23is not located in that municipality. The election authority may
24establish other grace period registration and voting sites on
25election day provided that the election authority has met the
26notice requirements of Section 19A-25 for permanent and

HB4837- 14 -LRB100 17413 MJP 32580 b
1temporary 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
5from one address number or place to another within the same
6precinct, city or village or incorporated town, may have his
7registration transferred to his new address by making and
8signing an application for such change of residence address
9upon a form to be provided by such board of election
10commissioners. Such application may be made to the office of
11such board or at any place designated in accordance with
12Section 6-51 of this Article.
13 Upon receipt of such application the board of election
14commissioners or officer, employee or deputy registrar
15designated by such board shall cause the signature of the voter
16and the data appearing upon the application to be compared with
17the signature and data on the registration record, and if it
18appears that the applicant is the same person as the party
19previously registered under that name, the transfer shall be
20made. In case the person is unable to sign his name the board
21of election commissioners shall require such person to execute
22the request in the presence of the board or of its properly
23authorized representative, by his mark, and if satisfied of the
24identity of the person, the board of election commissioners
25shall make the transfer. The person in charge of the

HB4837- 15 -LRB100 17413 MJP 32580 b
1registration shall draw a line through the last address, ward
2and precinct number on the original and duplicate and write the
3new address, ward and precinct number on the original and
4duplicate registration records. Notwithstanding any other
5provision of law to the contrary, the Board of Elections shall,
6by rule, create a pilot program for DuPage County that allows
7election authorities to obtain the photograph and signature
8from a voter's driver's license on file with the Secretary of
9State to compare with the voter's signature and to confirm that
10the person presenting themselves as the registered voter is the
11same person pictured on such license. The pictures obtained
12from the Secretary of State shall be affixed to the voter's
13poll book to aide in the visual identification of the voter.
14Registered voters shall, by rule, be allowed the option to
15opt-in to having their picture checked to ensure greater voter
16confidence and guarantee that no voter's vote is stolen.
17 Any registered elector may transfer his registration only
18at any such time as is provided by this Article for the
19registration of voters at the office of the board. When a
20removal of a registered voter takes place from one address to
21another within the same precinct within a period during which
22such transfer of registration cannot be made, before any
23election or primary, he shall be entitled to vote upon
24presenting to the judges of election an affidavit of a change
25and having said affidavit supported by the affidavit of a
26qualified voter who is a householder in the same precinct.

HB4837- 16 -LRB100 17413 MJP 32580 b
1Suitable forms for this purpose shall be provided by the board
2of election commissioners whose duty it is to conduct the
3election; and thereupon the precinct election officials shall
4report to the board of election commissioners the names of all
5such persons who have changed their address and voted.
6 The board of election commissioners may obtain information
7from utility companies, city records, the post office or from
8other sources regarding the removal of registered voters, and
9notify such voters that a transfer of registration may be made
10in the manner provided by this section.
11 If any person be registered by error in a precinct other
12than that in which he resides, a transfer of registration to
13the precinct in which he resides may be made in the manner
14provided by this section.
15 Where a revision or rearrangement of precincts is made by
16the board of election commissioners under the power conferred
17by Section 11-3 of Article 11 of this Act, such board shall
18immediately transfer to the proper precinct the registration of
19any voter affected by such revision or rearrangement of
20precincts; make the proper notations on the cards in the master
21and precinct files; and shall notify the registrant of such
22change.
23(Source: Laws 1967, p. 3449.)
24 (10 ILCS 5/6-100)
25 Sec. 6-100. Grace period. Notwithstanding any other

HB4837- 17 -LRB100 17413 MJP 32580 b
1provision of this Code to the contrary, each election authority
2shall establish procedures for the registration of voters and
3for change of address during the period from the close of
4registration for an election until and including the day of the
5election. During this grace period, an unregistered qualified
6elector may register to vote, and a registered voter may submit
7a change of address form, in person in the office of the
8election authority, at a permanent polling place established
9under Section 19A-10, at any other early voting site beginning
1015 days prior to the election, at a permanent polling place on
11election day, or at a voter registration location specifically
12designated for this purpose by the election authority. Grace
13period registration and changes of address shall also be
14conducted for eligible residents in connection with voting at
15facilities under Section 19-12.2 of this Code. The election
16authority shall register that individual, or change a
17registered voter's address, in the same manner as otherwise
18provided by this Article for registration and change of
19address.
20 If a voter who registers or changes address during this
21grace period wishes to vote at the election or primary
22occurring during the grace period. The election authority shall
23offer in-person grace period voting at the authority's office,
24any permanent polling place established under Section 19A-10,
25and at any other early voting site beginning 15 days prior to
26the election, at a polling place on election day, where grace

HB4837- 18 -LRB100 17413 MJP 32580 b
1period registration is required by this Section; and may offer
2in-person grace period voting at additional hours and locations
3specifically designated for the purpose of grace period voting
4by the election authority. The election authority may allow
5grace period voting by mail only if the election authority has
6no ballots prepared at the authority's office. Grace period
7voting shall be in a manner substantially similar to voting
8under Article 19A.
9 Within one day after a voter casts a grace period ballot,
10or within one day after the ballot is received by the election
11authority if the election authority allows grace period voting
12by mail, the election authority shall transmit by electronic
13means pursuant to a process established by the State Board of
14Elections the voter's name, street address, e-mail address, and
15precinct, ward, township, and district numbers, as the case may
16be, to the State Board of Elections, which shall maintain those
17names and that information in an electronic format on its
18website, arranged by county and accessible to State and local
19political committees. The name of each person issued a grace
20period ballot shall also be placed on the appropriate precinct
21list of persons to whom vote by mail and early ballots have
22been issued, for use as provided in Sections 17-9 and 18-5.
23 A person who casts a grace period ballot shall not be
24permitted to revoke that ballot and vote another ballot with
25respect to that primary or election. Ballots cast by persons
26who register or change address during the grace period at a

HB4837- 19 -LRB100 17413 MJP 32580 b
1location other than their designated polling place on election
2day must be transmitted to and counted at the election
3authority's central ballot counting location and shall not be
4transmitted to and counted at precinct polling places. The
5grace period ballots determined to be valid shall be added to
6the vote totals for the precincts for which they were cast in
7the order in which the ballots were opened.
8 In counties with a population of less than 100,000 that do
9not have electronic poll books, the election authority may opt
10out of registration in the polling place if the election
11authority establishes grace period registration and voting at
12other sites on election day at the following sites: (i) the
13election authority's main office and (ii) a polling place in
14each municipality where 20% or more of the county's registered
15voters residents reside if the election authority's main office
16is not located in that municipality. The election authority may
17establish other grace period registration and voting sites on
18election day provided that the election authority has met the
19notice requirements of Section 19A-25 for permanent and
20temporary 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
24papers, and petitions to submit public questions to a
25referendum, being filed as required by this Code, and being in

HB4837- 20 -LRB100 17413 MJP 32580 b
1apparent conformity with the provisions of this Act, shall be
2deemed to be valid unless objection thereto is duly made in
3writing within 5 business days after the last day for filing
4the certificate of nomination or nomination papers or petition
5for 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
16which the candidate or public question is to be voted on, or
17any legal voter in the State in the case of a proposed
18amendment to Article IV of the Constitution or an advisory
19public question to be submitted to the voters of the entire
20State, having objections to any certificate of nomination or
21nomination papers or petitions filed, shall file an objector's
22petition together with 2 copies thereof in the principal office
23or the permanent branch office of the State Board of Elections,
24or in the office of the election authority or local election
25official with whom the certificate of nomination, nomination
26papers or petitions are on file. Objection petitions that do

HB4837- 21 -LRB100 17413 MJP 32580 b
1not include 2 copies thereof, shall not be accepted. In the
2case of nomination papers or certificates of nomination, the
3State Board of Elections, election authority or local election
4official shall note the day and hour upon which such objector's
5petition is filed, and shall, not later than 12:00 noon on the
6second business day after receipt of the petition, transmit by
7registered mail or receipted personal delivery the certificate
8of nomination or nomination papers and the original objector's
9petition to the chairman of the proper electoral board
10designated in Section 10-9 hereof, or his authorized agent, and
11shall transmit a copy by registered mail or receipted personal
12delivery of the objector's petition, to the candidate whose
13certificate of nomination or nomination papers are objected to,
14addressed to the place of residence designated in said
15certificate of nomination or nomination papers. In the case of
16objections to a petition for a proposed amendment to Article IV
17of the Constitution or for an advisory public question to be
18submitted to the voters of the entire State, the State Board of
19Elections shall note the day and hour upon which such
20objector's petition is filed and shall transmit a copy of the
21objector's petition by registered mail or receipted personal
22delivery to the person designated on a certificate attached to
23the petition as the principal proponent of such proposed
24amendment or public question, or as the proponents' attorney,
25for the purpose of receiving notice of objections. In the case
26of objections to a petition for a public question, to be

HB4837- 22 -LRB100 17413 MJP 32580 b
1submitted to the voters of a political subdivision, or district
2thereof, the election authority or local election official with
3whom such petition is filed shall note the day and hour upon
4which such objector's petition was filed, and shall, not later
5than 12:00 noon on the second business day after receipt of the
6petition, transmit by registered mail or receipted personal
7delivery the petition for the public question and the original
8objector's petition to the chairman of the proper electoral
9board designated in Section 10-9 hereof, or his authorized
10agent, and shall transmit a copy by registered mail or
11receipted personal delivery, of the objector's petition to the
12person designated on a certificate attached to the petition as
13the principal proponent of the public question, or as the
14proponent's attorney, for the purposes of receiving notice of
15objections.
16 The objector's petition shall give the objector's name and
17residence address, and shall state fully the nature of the
18objections to the certificate of nomination or nomination
19papers or petitions in question, and shall state the interest
20of the objector and shall state what relief is requested of the
21electoral board.
22 The provisions of this Section and of Sections 10-9, 10-10
23and 10-10.1 shall also apply to and govern objections to
24petitions for nomination filed under Article 7 or Article 8,
25except as otherwise provided in Section 7-13 for cases to which
26it is applicable, and also apply to and govern petitions for

HB4837- 23 -LRB100 17413 MJP 32580 b
1the submission of public questions under Article 28.
2 Notwithstanding any other provision of law to the contrary,
3any individual challenging the validity of petitions shall
4notify the applicable election authority when that individual
5files a challenge in court contesting the decision of that
6election 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
12election authority, by any means authorized by this Article,
13and received by that election authority before the closing of
14the polls on election day shall be endorsed by the receiving
15election authority with the day and hour of receipt and may be
16processed by the election authority beginning on the day it is
17received by the election authority in the central ballot
18counting location of the election authority, but the results of
19the processing may not be counted until the day of the election
20after 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
23election authority and postmarked no later than election day,
24but that is received by the election authority after the polls
25close on election day and before the close of the period for

HB4837- 24 -LRB100 17413 MJP 32580 b
1counting provisional ballots cast at that election, shall be
2endorsed by the receiving authority with the day and hour of
3receipt and shall be counted at the central ballot counting
4location of the election authority during the period for
5counting provisional ballots.
6 Each vote by mail voter's ballot that is mailed to an
7election authority absent a postmark or a barcode usable with
8an intelligent mail barcode tracking system, but that is
9received by the election authority after the polls close on
10election day and before the close of the period for counting
11provisional ballots cast at that election, shall be endorsed by
12the receiving authority with the day and hour of receipt,
13opened to inspect the date inserted on the certification, and,
14if the certification date is election day or earlier and the
15ballot is otherwise found to be valid under the requirements of
16this Section, counted at the central ballot counting location
17of the election authority during the period for counting
18provisional ballots. Absent a date on the certification, the
19ballot shall not be counted.
20 If an election authority is using an intelligent mail
21barcode tracking system, a ballot that is mailed to an election
22authority absent a postmark may be counted if the intelligent
23mail barcode tracking system verifies the envelope was mailed
24no later than election day.
25 (d) Special write-in vote by mail voter's blank ballots
26returned to an election authority, by any means authorized by

HB4837- 25 -LRB100 17413 MJP 32580 b
1this Article, and received by the election authority at any
2time before the closing of the polls on election day shall be
3endorsed by the receiving election authority with the day and
4hour of receipt and shall be counted at the central ballot
5counting location of the election authority during the same
6period provided for counting vote by mail voters' ballots under
7subsections (b), (g), and (g-5). Special write-in vote by mail
8voter's blank ballots that are mailed to an election authority
9and postmarked no later than election day, but that are
10received by the election authority after the polls close on
11election day and before the closing of the period for counting
12provisional ballots cast at that election, shall be endorsed by
13the receiving authority with the day and hour of receipt and
14shall be counted at the central ballot counting location of the
15election authority during the same periods provided for
16counting vote by mail voters' ballots under subsection (c).
17 Notwithstanding any other provision of law to the contrary,
18votes by mail ballots may be processed as they arrive in the
19mail. Notwithstanding any other provision of law to the
20contrary, election authorities shall have more than 15 days to
21process vote by mail ballots.
22 (e) Except as otherwise provided in this Section, vote by
23mail voters' ballots and special write-in vote by mail voter's
24blank ballots received by the election authority after the
25closing of the polls on an election day shall be endorsed by
26the election authority receiving them with the day and hour of

HB4837- 26 -LRB100 17413 MJP 32580 b
1receipt and shall be safely kept unopened by the election
2authority for the period of time required for the preservation
3of ballots used at the election, and shall then, without being
4opened, be destroyed in like manner as the used ballots of that
5election.
6 (f) Counting required under this Section to begin on
7election day after the closing of the polls shall commence no
8later than 8:00 p.m. and shall be conducted by a panel or
9panels of election judges appointed in the manner provided by
10law. The counting shall continue until all vote by mail voters'
11ballots and special write-in vote by mail voter's blank ballots
12required to be counted on election day have been counted.
13 (g) The procedures set forth in Articles 17 and 18 of this
14Code shall apply to all ballots counted under this Section. In
15addition, within 2 days after a vote by mail ballot is
16received, but in all cases before the close of the period for
17counting provisional ballots, the election judge or official
18shall compare the voter's signature on the certification
19envelope of that vote by mail ballot with the signature of the
20voter on file in the office of the election authority. If the
21election judge or official determines that the 2 signatures
22match, and that the vote by mail voter is otherwise qualified
23to cast a vote by mail ballot, the election authority shall
24cast and count the ballot on election day or the day the ballot
25is determined to be valid, whichever is later, adding the
26results to the precinct in which the voter is registered. If

HB4837- 27 -LRB100 17413 MJP 32580 b
1the election judge or official determines that the signatures
2do not match, or that the vote by mail voter is not qualified
3to cast a vote by mail ballot, then without opening the
4certification envelope, the judge or official shall mark across
5the face of the certification envelope the word "Rejected" and
6shall not cast or count the ballot.
7 In addition to the voter's signatures not matching, a vote
8by mail ballot may be rejected by the election judge or
9official:
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
18these reasons apply, the judge or official shall mark across
19the face of the certification envelope the word "Rejected" and
20shall not cast or count the ballot.
21 (g-5) If a vote by mail ballot is rejected by the election
22judge or official for any reason, the election authority shall,
23within 2 days after the rejection but in all cases before the
24close of the period for counting provisional ballots, notify
25the vote by mail voter that his or her ballot was rejected. The
26notice shall inform the voter of the reason or reasons the

HB4837- 28 -LRB100 17413 MJP 32580 b
1ballot was rejected and shall state that the voter may appear
2before the election authority, on or before the 14th day after
3the election, to show cause as to why the ballot should not be
4rejected. The voter may present evidence to the election
5authority supporting his or her contention that the ballot
6should be counted. The election authority shall appoint a panel
7of 3 election judges to review the contested ballot,
8application, and certification envelope, as well as any
9evidence submitted by the vote by mail voter. No more than 2
10election judges on the reviewing panel shall be of the same
11political party. The reviewing panel of election judges shall
12make a final determination as to the validity of the contested
13vote by mail ballot. The judges' determination shall not be
14reviewable either administratively or judicially.
15 A vote by mail ballot subject to this subsection that is
16determined to be valid shall be counted before the close of the
17period for counting provisional ballots.
18 (g-10) All vote by mail ballots determined to be valid
19shall be added to the vote totals for the precincts for which
20they were cast in the order in which the ballots were opened.
21 (h) Each political party, candidate, and qualified civic
22organization shall be entitled to have present one pollwatcher
23for 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)

HB4837- 29 -LRB100 17413 MJP 32580 b
1 Sec. 19A-10. Permanent polling places for early voting.
2 (a) An election authority may establish permanent polling
3places for early voting by personal appearance at locations
4throughout the election authority's jurisdiction, including
5but not limited to a municipal clerk's office, a township
6clerk's office, a road district clerk's office, or a county or
7local public agency office. Any person entitled to vote early
8by personal appearance may do so at any polling place
9established for early voting.
10 (b) (Blank).
11 (c) During each general primary and general election, each
12election authority in a county with a population over 250,000
13shall establish at least one permanent polling place for early
14voting by personal appearance at a location within each of the
153 largest municipalities within its jurisdiction. If any of the
163 largest municipalities is over 80,000, the election authority
17shall establish at least 2 permanent polling places within the
18municipality. All population figures shall be determined by the
19federal census.
20 (d) During each general primary and general election, each
21board of election commissioners established under Article 6 of
22this Code in any city, village, or incorporated town with a
23population over 100,000 shall establish at least 2 permanent
24polling places for early voting by personal appearance. All
25population figures shall be determined by the federal census.
26 (e) During each general primary and general election, each

HB4837- 30 -LRB100 17413 MJP 32580 b
1election authority in a county with a population of over
2100,000 but under 250,000 persons shall establish at least one
3permanent polling place for early voting by personal
4appearance. The location for early voting may be the election
5authority's main office or another location designated by the
6election authority. The election authority may designate
7additional sites for early voting by personal appearance. All
8population figures shall be determined by the federal census.
9 (f) No permanent polling place required by this Section
10shall be located within 1.5 miles from another permanent
11polling place required by this Section, unless such permanent
12polling place is within a municipality with a population of
13500,000 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
19election authority, by any means authorized by this Article,
20and received by that election authority may be processed by the
21election authority beginning on the day it is received by the
22election authority in the central ballot counting location of
23the election authority, but the results of the processing may
24not be counted until the day of the election after 7:00 p.m.,
25except as provided in subsections (g) and (g-5).

HB4837- 31 -LRB100 17413 MJP 32580 b
1 (c) Each vote by mail voter's ballot that is mailed to an
2election authority and postmarked no later than election day,
3but that is received by the election authority after the polls
4close on election day and before the close of the period for
5counting provisional ballots cast at that election, shall be
6endorsed by the receiving authority with the day and hour of
7receipt and shall be counted at the central ballot counting
8location of the election authority during the period for
9counting provisional ballots.
10 Each vote by mail voter's ballot that is mailed to an
11election authority absent a postmark or a barcode usable with
12an intelligent mail barcode tracking system, but that is
13received by the election authority after the polls close on
14election day and before the close of the period for counting
15provisional ballots cast at that election, shall be endorsed by
16the receiving authority with the day and hour of receipt,
17opened to inspect the date inserted on the certification, and,
18if the certification date is election day or earlier and the
19ballot is otherwise found to be valid under the requirements of
20this Section, counted at the central ballot counting location
21of the election authority during the period for counting
22provisional ballots. Absent a date on the certification, the
23ballot shall not be counted.
24 If an election authority is using an intelligent mail
25barcode tracking system, a ballot that is mailed to an election
26authority absent a postmark may be counted if the intelligent

HB4837- 32 -LRB100 17413 MJP 32580 b
1mail barcode tracking system verifies the envelope was mailed
2no later than election day.
3 (d) Special write-in vote by mail voter's blank ballots
4returned to an election authority, by any means authorized by
5this Article, and received by the election authority at any
6time before the closing of the polls on election day shall be
7endorsed by the receiving election authority with the day and
8hour of receipt and shall be counted at the central ballot
9counting location of the election authority during the same
10period provided for counting vote by mail voters' ballots under
11subsections (b), (g), and (g-5). Special write-in vote by mail
12voter's blank ballot that are mailed to an election authority
13and postmarked no later than election day, but that are
14received by the election authority after the polls close on
15election day and before the closing of the period for counting
16provisional ballots cast at that election, shall be endorsed by
17the receiving authority with the day and hour of receipt and
18shall be counted at the central ballot counting location of the
19election authority during the same periods provided for
20counting vote by mail voters' ballots under subsection (c).
21 Notwithstanding any other provision of law to the contrary,
22votes by mail ballots may be processed as they arrive in the
23mail. Notwithstanding any other provision of law to the
24contrary, election authorities shall have more than 15 days to
25process vote by mail ballots.
26 (e) Except as otherwise provided in this Section, vote by

HB4837- 33 -LRB100 17413 MJP 32580 b
1mail voters' ballots and special write-in vote by mail voter's
2blank ballots received by the election authority after the
3closing of the polls on the day of election shall be endorsed
4by the person receiving the ballots with the day and hour of
5receipt and shall be safely kept unopened by the election
6authority for the period of time required for the preservation
7of ballots used at the election, and shall then, without being
8opened, be destroyed in like manner as the used ballots of that
9election.
10 (f) Counting required under this Section to begin on
11election day after the closing of the polls shall commence no
12later than 8:00 p.m. and shall be conducted by a panel or
13panels of election judges appointed in the manner provided by
14law. The counting shall continue until all vote by mail voters'
15ballots and special write-in vote by mail voter's blank ballots
16required to be counted on election day have been counted.
17 (g) The procedures set forth in Articles 17 and 18 of this
18Code shall apply to all ballots counted under this Section. In
19addition, within 2 days after a ballot subject to this Article
20is received, but in all cases before the close of the period
21for counting provisional ballots, the election judge or
22official shall compare the voter's signature on the
23certification envelope of that ballot with the signature of the
24voter on file in the office of the election authority. If the
25election judge or official determines that the 2 signatures
26match, and that the voter is otherwise qualified to cast a

HB4837- 34 -LRB100 17413 MJP 32580 b
1ballot under this Article, the election authority shall cast
2and count the ballot on election day or the day the ballot is
3determined to be valid, whichever is later, adding the results
4to the precinct in which the voter is registered. If the
5election judge or official determines that the signatures do
6not match, or that the voter is not qualified to cast a ballot
7under this Article, then without opening the certification
8envelope, the judge or official shall mark across the face of
9the certification envelope the word "Rejected" and shall not
10cast or count the ballot.
11 In addition to the voter's signatures not matching, a
12ballot subject to this Article may be rejected by the election
13judge 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
22these reasons apply, the judge or official shall mark across
23the face of the certification envelope the word "Rejected" and
24shall not cast or count the ballot.
25 (g-5) If a ballot subject to this Article is rejected by
26the election judge or official for any reason, the election

HB4837- 35 -LRB100 17413 MJP 32580 b
1authority shall, within 2 days after the rejection but in all
2cases before the close of the period for counting provisional
3ballots, notify the voter that his or her ballot was rejected.
4The notice shall inform the voter of the reason or reasons the
5ballot was rejected and shall state that the voter may appear
6before the election authority, on or before the 14th day after
7the election, to show cause as to why the ballot should not be
8rejected. The voter may present evidence to the election
9authority supporting his or her contention that the ballot
10should be counted. The election authority shall appoint a panel
11of 3 election judges to review the contested ballot,
12application, and certification envelope, as well as any
13evidence submitted by the vote by mail voter. No more than 2
14election judges on the reviewing panel shall be of the same
15political party. The reviewing panel of election judges shall
16make a final determination as to the validity of the contested
17ballot. The judges' determination shall not be reviewable
18either administratively or judicially.
19 A ballot subject to this subsection that is determined to
20be valid shall be counted before the close of the period for
21counting provisional ballots.
22 (g-10) All ballots determined to be valid shall be added to
23the vote totals for the precincts for which they were cast in
24the order in which the ballots were opened.
25 (h) Each political party, candidate, and qualified civic
26organization shall be entitled to have present one pollwatcher

HB4837- 36 -LRB100 17413 MJP 32580 b
1for each panel of election judges therein assigned.
2(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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