Bill Text: IL SB3691 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Election Code. Requires a voter to present valid photo identification to vote. Makes conforming changes throughout the Code. Defines "photo identification" as an identification card issued by either the United States or the State of Illinois that includes the name and photo of the voter or, for a student, a student identification card of any college, university, or technical college accredited and located in the State of Illinois that contains the name and photo of the voter and is accompanied with proof of current enrollment at the college, university, or technical college. Provides that for a voter under 70 years of age, "photo identification" does not include identification that is expired more than 2 years and for voters 70 years old or older, "photo identification" includes an identification card that is expired for any length of time.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3691 Detail]

Download: Illinois-2019-SB3691-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3691 Introduced 2/14/2020, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/17-9 from Ch. 46, par. 17-9
10 ILCS 5/17-23 from Ch. 46, par. 17-23
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19A-35
10 ILCS 5/19A-60
Amends the Election Code. Requires a voter to present valid photo identification to vote. Makes conforming changes throughout the Code. Defines "photo identification" as an identification card issued by either the United States or the State of Illinois that includes the name and photo of the voter or, for a student, a student identification card of any college, university, or technical college accredited and located in the State of Illinois that contains the name and photo of the voter and is accompanied with proof of current enrollment at the college, university, or technical college. Provides that for a voter under 70 years of age, "photo identification" does not include identification that is expired more than 2 years and for voters 70 years old or older, "photo identification" includes an identification card that is expired for any length of time.
LRB101 20223 SMS 69763 b
A BILL FOR
SB3691 LRB101 20223 SMS 69763 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 1-3, 17-9, 17-23, 18-5, 18A-5, 18A-15, 19-3, 19A-35,
and 19A-60 as follows:
(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
Sec. 1-3. As used in this Act, unless the context otherwise
requires:
1. "Election" includes the submission of all questions of
public policy, propositions, and all measures submitted to
popular vote, and includes primary elections when so indicated
by the context.
2. "Regular election" means the general, general primary,
consolidated and consolidated primary elections regularly
scheduled in Article 2A. The even numbered year municipal
primary established in Article 2A is a regular election only
with respect to those municipalities in which a primary is
required to be held on such date.
3. "Special election" means an election not regularly
recurring at fixed intervals, irrespective of whether it is
held at the same time and place and by the same election
officers as a regular election.

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4. "General election" means the biennial election at which
members of the General Assembly are elected. "General primary
election", "consolidated election" and "consolidated primary
election" mean the respective elections or the election dates
designated and established in Article 2A of this Code.
5. "Municipal election" means an election or primary,
either regular or special, in cities, villages, and
incorporated towns; and "municipality" means any such city,
village or incorporated town.
6. "Political or governmental subdivision" means any unit
of local government, or school district in which elections are
or may be held. "Political or governmental subdivision" also
includes, for election purposes, Regional Boards of School
Trustees, and Township Boards of School Trustees.
7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization
established in accordance with the provisions of the Township
Code. The term "incorporated town" shall mean a municipality
referred to as an incorporated town in the Illinois Municipal
Code, as now or hereafter amended.
8. "Election authority" means a county clerk or a Board of
Election Commissioners.
9. "Election Jurisdiction" means (a) an entire county, in
the case of a county in which no city board of election
commissioners is located or which is under the jurisdiction of
a county board of election commissioners; (b) the territorial

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jurisdiction of a city board of election commissioners; and (c)
the territory in a county outside of the jurisdiction of a city
board of election commissioners. In each instance election
jurisdiction shall be determined according to which election
authority maintains the permanent registration records of
qualified electors.
10. "Local election official" means the clerk or secretary
of a unit of local government or school district, as the case
may be, the treasurer of a township board of school trustees,
and the regional superintendent of schools with respect to the
various school officer elections and school referenda for which
the regional superintendent is assigned election duties by The
School Code, as now or hereafter amended.
11. "Judges of election", "primary judges" and similar
terms, as applied to cases where there are 2 sets of judges,
when used in connection with duties at an election during the
hours the polls are open, refer to the team of judges of
election on duty during such hours; and, when used with
reference to duties after the closing of the polls, refer to
the team of tally judges designated to count the vote after the
closing of the polls and the holdover judges designated
pursuant to Section 13-6.2 or 14-5.2. In such case, where,
after the closing of the polls, any act is required to be
performed by each of the judges of election, it shall be
performed by each of the tally judges and by each of the
holdover judges.

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12. "Petition" of candidacy as used in Sections 7-10 and
7-10.1 shall consist of a statement of candidacy, candidate's
statement containing oath, and sheets containing signatures of
qualified primary electors bound together.
13. "Election district" and "precinct", when used with
reference to a 30-day residence requirement, means the smallest
constituent territory in which electors vote as a unit at the
same polling place in any election governed by this Act.
14. "District" means any area which votes as a unit for the
election of any officer, other than the State or a unit of
local government or school district, and includes, but is not
limited to, legislative, congressional and judicial districts,
judicial circuits, county board districts, municipal and
sanitary district wards, school board districts, and
precincts.
15. "Question of public policy" or "public question" means
any question, proposition or measure submitted to the voters at
an election dealing with subject matter other than the
nomination or election of candidates and shall include, but is
not limited to, any bond or tax referendum, and questions
relating to the Constitution.
16. "Ordinance providing the form of government of a
municipality or county pursuant to Article VII of the
Constitution" includes ordinances, resolutions and petitions
adopted by referendum which provide for the form of government,
the officers or the manner of selection or terms of office of

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officers of such municipality or county, pursuant to the
provisions of Sections 4, 6 or 7 of Article VII of the
Constitution.
17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
6-60, and 6-66 shall include a computer tape or computer disc
or other electronic data processing information containing
voter information.
18. "Accessible" means accessible to persons with
disabilities and elderly individuals for the purpose of voting
or registration, as determined by rule of the State Board of
Elections.
19. "Elderly" means 65 years of age or older.
20. "Person with a disability" means a person having a
temporary or permanent physical disability.
21. "Leading political party" means one of the two
political parties whose candidates for governor at the most
recent three gubernatorial elections received either the
highest or second highest average number of votes. The
political party whose candidates for governor received the
highest average number of votes shall be known as the first
leading political party and the political party whose
candidates for governor received the second highest average
number of votes shall be known as the second leading political
party.
22. "Business day" means any day in which the office of an
election authority, local election official or the State Board

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of Elections is open to the public for a minimum of 7 hours.
23. "Homeless individual" means any person who has a
nontraditional residence, including, but not limited to, a
shelter, day shelter, park bench, street corner, or space under
a bridge.
24. "Signature" means a name signed in ink or in digitized
form. This definition does not apply to a nominating or
candidate petition or a referendum petition.
25. "Intelligent mail barcode tracking system" means a
printed trackable barcode attached to the return business reply
envelope for mail-in ballots under Article 19 or Article 20
that allows an election authority to determine the date the
envelope was mailed in absence of a postmark.
26. "Photo identification" means an identification card
issued by either the United States or the State of Illinois
that includes the name and photo of the voter or, for a
student, a student identification card of any college,
university, or technical college accredited and located in the
State of Illinois that contains the name and photo of the voter
and is accompanied with proof of current enrollment at the
college, university, or technical college. For a voter under 70
years of age, "photo identification" does not include
identification that is expired more than 2 years. For voters 70
years old or older, "photo identification" includes an
identification card that is expired for any length of time.
(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)

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(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote shall give his name,
photo identification, and, if required to do so, his residence
to the judges of election, one of whom shall thereupon announce
the same in a loud and distinct tone of voice, clear, and
audible; the judges of elections shall check each application
for ballot against the list of voters registered in that
precinct to whom grace period, vote by mail, or early ballots
have been issued for that election, which shall be provided by
the election authority and which list shall be available for
inspection by pollwatchers. A voter applying to vote in the
precinct on election day whose name appears on the list as
having been issued a grace period, vote by mail, or early
ballot shall not be permitted to vote in the precinct, except
that a voter to whom a vote by mail ballot was issued may vote
in the precinct if the voter submits to the election judges
that vote by mail ballot for cancellation. If the voter is
unable to submit the vote by mail ballot, it shall be
sufficient for the voter to submit to the election judges (i) a
portion of the vote by mail ballot if the vote by mail ballot
was torn or mutilated or (ii) an affidavit executed before the
election judges specifying that (A) the voter never received a
vote by mail ballot or (B) the voter completed and returned a
vote by mail ballot and was informed that the election
authority did not receive that vote by mail ballot. All

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

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

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

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........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at this
election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona fide
resident of this precinct and ward and that I verily believe
that he or she has maintained a legal residence therein 30 days
and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6 months,
during which period such affidavits shall be deemed public
records and shall be freely open to examination as such.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
Sec. 17-23. Pollwatchers in a general election shall be
authorized in the following manner:
(1) Each established political party shall be entitled to

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appoint two pollwatchers per precinct. Such pollwatchers must
be affiliated with the political party for which they are
pollwatching. For all elections, the pollwatchers must be
registered to vote in Illinois.
(2) Each candidate shall be entitled to appoint two
pollwatchers per precinct. For all elections, the pollwatchers
must be registered to vote in Illinois.
(3) Each organization of citizens within the county or
political subdivision, which has among its purposes or
interests the investigation or prosecution of election frauds,
and which shall have registered its name and address and the
name and addresses of its principal officers with the proper
election authority at least 40 days before the election, shall
be entitled to appoint one pollwatcher per precinct. For all
elections, the pollwatcher must be registered to vote in
Illinois.
(3.5) Each State nonpartisan civic organization within the
county or political subdivision shall be entitled to appoint
one pollwatcher per precinct, provided that no more than 2
pollwatchers appointed by State nonpartisan civic
organizations shall be present in a precinct polling place at
the same time. Each organization shall have registered the
names and addresses of its principal officers with the proper
election authority at least 40 days before the election. The
pollwatchers must be registered to vote in Illinois. For the
purpose of this paragraph, a "State nonpartisan civic

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organization" means any corporation, unincorporated
association, or organization that:
(i) as part of its written articles of incorporation,
bylaws, or charter or by separate written declaration, has
among its stated purposes the provision of voter
information and education, the protection of individual
voters' rights, and the promotion of free and equal
elections;
(ii) is organized or primarily conducts its activities
within the State of Illinois; and
(iii) continuously maintains an office or business
location within the State of Illinois, together with a
current listed telephone number (a post office box number
without a current listed telephone number is not
sufficient).
(4) In any general election held to elect candidates for
the offices of a municipality of less than 3,000,000 population
that is situated in 2 or more counties, a pollwatcher who is a
resident of Illinois shall be eligible to serve as a
pollwatcher in any poll located within such municipality,
provided that such pollwatcher otherwise complies with the
respective requirements of subsections (1) through (3) of this
Section and is a registered voter in Illinois.
(5) Each organized group of proponents or opponents of a
ballot proposition, which shall have registered the name and
address of its organization or committee and the name and

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address of its chair with the proper election authority at
least 40 days before the election, shall be entitled to appoint
one pollwatcher per precinct. The pollwatcher must be
registered to vote in Illinois.
All pollwatchers shall be required to have proper
credentials. Such credentials shall be printed in sufficient
quantities, shall be issued by and under the facsimile
signature(s) of the election authority or the State Board of
Elections and shall be available for distribution by the
election authority and State Board of Elections at least 2
weeks prior to the election. Such credentials shall be
authorized by the real or facsimile signature of the State or
local party official or the candidate or the presiding officer
of the civic organization or the chair of the proponent or
opponent group, as the case may be. Neither the election
authority nor the State Board of Elections may require any such
party official or the candidate or the presiding officer of the
civic organization or the chair of the proponent or opponent
group to submit the names or other information concerning
pollwatchers before making credentials available to such
persons or organizations.
Pollwatcher credentials shall be in substantially the
following form:
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:

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In accordance with the provisions of the Election Code, the
undersigned hereby appoints .......... (name of pollwatcher)
who resides at ........... (address) in the county of
..........., .......... (township or municipality) of
........... (name), State of Illinois and who is duly
registered to vote from this address, to act as a pollwatcher
in the ........... precinct of the ........... ward (if
applicable) of the ........... (township or municipality) of
........... at the ........... election to be held on (insert
date).
........................ (Signature of Appointing Authority)
......................... TITLE (party official, candidate,
civic organization president,
proponent or opponent group chair)
Under penalties provided by law pursuant to Section 29-10
of the Election Code, the undersigned pollwatcher certifies
that he or she resides at ................ (address) in the
county of ............, ......... (township or municipality)
of ........... (name), State of Illinois, and is duly
registered to vote in Illinois.
.......................... .......................
(Precinct and/or Ward in (Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges

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of Election upon entering the polling place. Pollwatcher
credentials properly executed and signed shall be proof of the
qualifications of the pollwatcher authorized thereby. Such
credentials are retained by the Judges and returned to the
Election Authority at the end of the day of election with the
other election materials. Once a pollwatcher has surrendered a
valid credential, he may leave and reenter the polling place
provided that such continuing action does not disrupt the
conduct of the election. Pollwatchers may be substituted during
the course of the day, but established political parties,
candidates and qualified civic organizations can have only as
many pollwatchers at any given time as are authorized in this
Article. A substitute must present his signed credential to the
judges of election upon entering the polling place. Election
authorities must provide a sufficient number of credentials to
allow for substitution of pollwatchers. After the polls have
closed pollwatchers shall be allowed to remain until the
canvass of votes is completed; but may leave and reenter only
in cases of necessity, provided that such action is not so
continuous as to disrupt the canvass of votes.
Candidates seeking office in a district or municipality
encompassing 2 or more counties shall be admitted to any and
all polling places throughout such district or municipality
without regard to the counties in which such candidates are
registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and

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limitations that apply to pollwatchers as provided in this
Section. Any such candidate who engages in an activity in a
polling place which could reasonably be construed by a majority
of the judges of election as campaign activity shall be removed
forthwith from such polling place.
Candidates seeking office in a district or municipality
encompassing 2 or more counties who desire to be admitted to
polling places on election day in such district or municipality
shall be required to have proper credentials. Such credentials
shall be printed in sufficient quantities, shall be issued by
and under the facsimile signature of the State Board of
Elections or the election authority of the election
jurisdiction where the polling place in which the candidate
seeks admittance is located, and shall be available for
distribution at least 2 weeks prior to the election. Such
credentials shall be signed by the candidate.
Candidate credentials shall be in substantially the
following form:
CANDIDATE CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I
...... (name of candidate) hereby certify that I am a candidate
for ....... (name of office) and seek admittance to .......
precinct of the ....... ward (if applicable) of the .......
(township or municipality) of ....... at the ....... election

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to be held on (insert date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH
CANDIDATE SEEKS
NOMINATION OR
ELECTION
Pollwatchers shall be permitted to observe all proceedings
and view all reasonably requested records relating to the
conduct of the election, provided the secrecy of the ballot is
not impinged, and to station themselves in a position in the
voting room as will enable them to observe the judges making
the signature comparison between the voter application and the
voter registration record card and verifying photo
identifications; provided, however, that such pollwatchers
shall not be permitted to station themselves in such close
proximity to the judges of election so as to interfere with the
orderly conduct of the election and shall not, in any event, be
permitted to handle election materials. Pollwatchers may
challenge for cause the voting qualifications of a person
offering to vote and may call to the attention of the judges of
election any incorrect procedure or apparent violations of this
Code.
If a majority of the judges of election determine that the
polling place has become too overcrowded with pollwatchers so
as to interfere with the orderly conduct of the election, the

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judges shall, by lot, limit such pollwatchers to a reasonable
number, except that each established or new political party
shall be permitted to have at least one pollwatcher present.
Representatives of an election authority, with regard to an
election under its jurisdiction, the State Board of Elections,
and law enforcement agencies, including but not limited to a
United States Attorney, a State's attorney, the Attorney
General, and a State, county, or local police department, in
the performance of their official election duties, shall be
permitted at all times to enter and remain in the polling
place. Upon entering the polling place, such representatives
shall display their official credentials or other
identification to the judges of election.
Uniformed police officers assigned to polling place duty
shall follow all lawful instructions of the judges of election.
The provisions of this Section shall also apply to
supervised casting of vote by mail ballots as provided in
Section 19-12.2 of this Act.
(Source: P.A. 100-1027, eff. 1-1-19.)
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is
found upon the register of voters by the person having charge
thereof and who has presented a valid photo identification,
shall then be questioned by one of the judges as to his
nativity, his term of residence at present address, precinct,

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State and United States, his age, whether naturalized and if so
the date of naturalization papers and court from which secured,
and he shall be asked to state his residence when last
previously registered and the date of the election for which he
then registered. The judges of elections shall check each
application for ballot against the list of voters registered in
that precinct to whom grace period, vote by mail, and early
ballots have been issued for that election, which shall be
provided by the election authority and which list shall be
available for inspection by pollwatchers. A voter applying to
vote in the precinct on election day whose name appears on the
list as having been issued a grace period, vote by mail, or
early ballot shall not be permitted to vote in the precinct,
except that a voter to whom a vote by mail ballot was issued
may vote in the precinct if the voter submits to the election
judges that vote by mail ballot for cancellation. If the voter
is unable to submit the vote by mail ballot, it shall be
sufficient for the voter to submit to the election judges (i) a
portion of the vote by mail ballot if the vote by mail ballot
was torn or mutilated or (ii) an affidavit executed before the
election judges specifying that (A) the voter never received a
vote by mail ballot or (B) the voter completed and returned a
vote by mail ballot and was informed that the election
authority did not receive that vote by mail ballot. If such
person so registered shall be challenged as disqualified, the
party challenging shall assign his reasons therefor, and

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thereupon one of the judges shall administer to him an oath to
answer questions, and if he shall take the oath he shall then
be questioned by the judge or judges touching such cause of
challenge, and touching any other cause of disqualification.
And he may also be questioned by the person challenging him in
regard to his qualifications and identity. But if a majority of
the judges are of the opinion that he is the person so
registered and a qualified voter, his vote shall then be
received accordingly. But if his vote be rejected by such
judges, such person may afterward produce and deliver an
affidavit to such judges, subscribed and sworn to by him before
one of the judges, in which it shall be stated how long he has
resided in such precinct, and state; that he is a citizen of
the United States, and is a duly qualified voter in such
precinct, and that he is the identical person so registered. In
addition to such an affidavit, the person so challenged shall
provide to the judges of election proof of residence by
producing 2 forms of identification showing the person's
current residence address, provided that such identification
may include a lease or contract for a residence and not more
than one piece of mail addressed to the person at his current
residence address and postmarked not earlier than 30 days prior
to the date of the election, or the person shall procure a
witness personally known to the judges of election, and
resident in the precinct (or district), or who shall be proved
by some legal voter of such precinct or district, known to the

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judges to be such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
The oath in each case may be administered by one of the
judges of election, or by any officer, resident in the precinct
or district, authorized by law to administer oaths. Also
supported by an affidavit by a registered voter residing in
such precinct, stating his own residence, and that he knows
such person; and that he does reside at the place mentioned and
has resided in such precinct and state for the length of time
as stated by such person, which shall be subscribed and sworn
to in the same way. For purposes of this Section, the
submission of a photo identification issued by a college or
university, accompanied by either (i) a copy of the applicant's
contract or lease for a residence or (ii) one piece of mail
addressed to the person at his or her current residence address
and postmarked not earlier than 30 days prior to the date of
the election, shall be sufficient to establish proof of
residence. Whereupon the vote of such person shall be received,
and entered as other votes. But such judges, having charge of

SB3691 - 23 - LRB101 20223 SMS 69763 b
such registers, shall state in their respective books the facts
in such case, and the affidavits, so delivered to the judges,
shall be preserved and returned to the office of the
commissioners of election. Blank affidavits of the character
aforesaid shall be sent out to the judges of all the precincts,
and the judges of election shall furnish the same on demand and
administer the oaths without criticism. Such oaths, if
administered by any other officer than such judge of election,
shall not be received. Whenever a proposal for a constitutional
amendment or for the calling of a constitutional convention is
to be voted upon at the election, the separate blue ballot or
ballots pertaining thereto shall be placed on top of the other
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter, and in
this fashion the ballots shall be handed to the voter by the
judge.
Immediately after voting, the voter shall be instructed
whether the voting equipment, if used, accepted or rejected the
ballot or identified the ballot as under-voted. A voter whose
ballot is identified as under-voted for a statewide
constitutional office may return to the voting booth and
complete the voting of that ballot. A voter whose ballot is not
accepted by the voting equipment may, upon surrendering the
ballot, request and vote another ballot. The voter's
surrendered ballot shall be initialed by the election judge and

SB3691 - 24 - LRB101 20223 SMS 69763 b
handled as provided in the appropriate Article governing that
voting equipment.
The voter shall, upon quitting the voting booth, deliver to
one of the judges of election all of the ballots, properly
folded, which he received. The judge of election to whom the
voter delivers his ballots shall not accept the same unless all
of the ballots given to the voter are returned by him. If a
voter delivers less than all of the ballots given to him, the
judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the
voter is not required to vote such remaining ballots but that
whether or not he votes them he must fold and deliver them to
the judge. In making such statement the judge of election shall
not indicate by word, gesture or intonation of voice that the
unreturned ballots shall be voted in any particular manner. No
new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots
received by him until such voter has returned to the voting
booth pursuant to the judge's request and again quit the booth
with all of the ballots required to be returned by him. Upon
receipt of all such ballots the judges of election shall enter
the name of the voter, and his number, as above provided in
this Section, and the judge to whom the ballots are delivered
shall immediately put the ballots into the ballot box. If any

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voter who has failed to deliver all the ballots received by him
refuses to return to the voting booth after being advised by
the judge of election as herein provided, the judge shall
inform the other judges of such refusal, and thereupon the
ballot or ballots returned to the judge shall be deposited in
the ballot box, the voter shall be permitted to depart from the
polling place, and a new voter shall be permitted to enter the
voting booth.
The judge of election who receives the ballot or ballots
from the voter shall announce the residence and name of such
voter in a loud voice. The judge shall put the ballot or
ballots received from the voter into the ballot box in the
presence of the voter and the judges of election, and in plain
view of the public. The judges having charge of such registers
shall then, in a column prepared thereon, in the same line of,
the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than
the full number of ballots received by such voter without first
advising the voter in the manner above provided of the
necessity of returning all of the ballots, nor shall any such
judge advise such voter in a manner contrary to that which is
herein permitted, or in any other manner violate the provisions
of this Section; provided, that the acceptance by a judge of
election of less than the full number of ballots delivered to a
voter who refuses to return to the voting booth after being
properly advised by such judge shall not be a violation of this

SB3691 - 26 - LRB101 20223 SMS 69763 b
Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the official
list of eligible voters for the precinct in which the
person seeks to vote and the person has refused an
opportunity to register at the polling location or another
grace period registration site. The official list is the
centralized statewide voter registration list established
and maintained in accordance with Section 1A-25;
(2) The person's voting status has been challenged by
an election judge, a pollwatcher, or any legal voter and
that challenge has been sustained by a majority of the
election judges;
(3) A federal or State court order extends the time for
closing the polls beyond the time period established by
State law and the person votes during the extended time
period;
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person or by early voting ballot, but fails to do

SB3691 - 27 - LRB101 20223 SMS 69763 b
so;
(5) The voter's name appears on the list of voters who
voted during the early voting period, but the voter claims
not to have voted during the early voting period;
(6) The voter received a vote by mail ballot but did
not return the vote by mail ballot to the election
authority; or
(7) The voter attempted to register to vote on election
day, but failed to provide the necessary documentation; or
.
(8) The voter failed to present a valid photo
identification.
(b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
(1) After first verifying through an examination of the
precinct register that the person's address is within the
precinct boundaries, an election judge at the polling place
shall notify a person who is entitled to cast a provisional
ballot pursuant to subsection (a) that he or she may cast a
provisional ballot in that election. An election judge must
accept any information provided by a person who casts a
provisional ballot that the person believes supports his or
her claim that he or she is a duly registered voter and
qualified to vote in the election. However, if the person's
residence address is outside the precinct boundaries, the
election judge shall inform the person of that fact, give

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the person the appropriate telephone number of the election
authority in order to locate the polling place assigned to
serve that address, and instruct the person to go to the
proper polling place to vote.
(2) The person shall execute a written form provided by
the election judge that shall state or contain all of the
following that is available:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly
swear (or affirm) that: I am a citizen of the
United States; I am 18 years of age or older; I
have resided in this State and in this precinct for
30 days preceding this election; I have not voted
in this election; I am a duly registered voter in
every respect; and I am eligible to vote in this
election. Signature ...... Printed Name of Voter
....... Printed Residence Address of Voter ......
City ...... State .... Zip Code ..... Telephone
Number ...... Date of Birth ....... and Illinois
Driver's License Number ....... or Last 4 digits of
Social Security Number ...... or State
Identification Card Number issued to you by the
Illinois Secretary of State ........
(ii) A box for the election judge to check one of

SB3691 - 29 - LRB101 20223 SMS 69763 b
the reasons why the person was given a provisional
ballot under subsection (a) of this Section.
(iii) An area for the election judge to affix his
or her signature and to set forth any facts that
support or oppose the allegation that the person is not
qualified to vote in the precinct in which the person
is seeking to vote.
The written affidavit form described in this
subsection (b)(2) must be printed on a multi-part form
prescribed by the county clerk or board of election
commissioners, as the case may be.
(3) After the person executes the portion of the
written affidavit described in subsection (b)(2)(i) of
this Section, the election judge shall complete the portion
of the written affidavit described in subsection
(b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the
completed written affidavit to the person. The election
judge shall place the original written affidavit in a
self-adhesive clear plastic packing list envelope that
must be attached to a separate envelope marked as a
"provisional ballot envelope". The election judge shall
also place any information provided by the person who casts
a provisional ballot in the clear plastic packing list
envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or

SB3691 - 30 - LRB101 20223 SMS 69763 b
procure self-adhesive clear plastic packing list envelopes
and provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope
with the clear plastic packing list envelope affixed to it,
which contains the person's original written affidavit
and, if any, information provided by the provisional voter
to support his or her claim that he or she is a duly
registered voter. An election judge must also give the
person written information that states that any person who
casts a provisional ballot shall be able to ascertain,
pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the
official canvass of votes for that election and, if the
provisional vote was not counted, the reason that the vote
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal
the envelope, and return the envelope to an election judge,
who shall then deposit the sealed provisional ballot
envelope into a securable container separately identified
and utilized for containing sealed provisional ballot
envelopes. Ballots that are provisional because they are

SB3691 - 31 - LRB101 20223 SMS 69763 b
cast after 7:00 p.m. by court order shall be kept separate
from other provisional ballots. Upon the closing of the
polls, the securable container shall be sealed with
filament tape provided for that purpose, which shall be
wrapped around the box lengthwise and crosswise, at least
twice each way, and each of the election judges shall sign
the seal.
(c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for
accepting any information the provisional voter has supplied to
the election judge to support his or her claim that he or she
is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
(d) The county clerk or board of election commissioners, as
the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk or
board of election commissioners, as the case may be. If a

SB3691 - 32 - LRB101 20223 SMS 69763 b
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 100-201, eff. 8-18-17.)
(10 ILCS 5/18A-15)
Sec. 18A-15. Validating and counting provisional ballots.
(a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.
The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,
its final canvass of the vote for all public offices.
(b) If a county clerk or board of election commissioners
determines that all of the following apply, then a provisional
ballot is valid and shall be counted as a vote:
(1) the provisional voter cast the provisional ballot
in the correct precinct based on the address provided by
the provisional voter. The provisional voter's affidavit
shall serve as a change of address request by that voter
for registration purposes for the next ensuing election if

SB3691 - 33 - LRB101 20223 SMS 69763 b
it bears an address different from that in the records of
the election authority. Votes for federal and statewide
offices on a provisional ballot cast in the incorrect
precinct that meet the other requirements of this
subsection shall be valid and counted in accordance with
this Article. As used in this item, "federal office" is
defined as provided in Section 20-1 and "statewide office"
means the Governor, Attorney General, Secretary of State,
Comptroller, and Treasurer. Votes for General Assembly,
countywide, citywide, or township office on a provisional
ballot cast in the incorrect precinct but in the correct
legislative district, representative district, county,
municipality, or township, as the case may be, shall be
valid and counted in accordance with this Article. As used
in this item, "citywide office" means an office elected by
the electors of an entire municipality. As used in this
item, "township office" means an office elected by the
electors of an entire township;
(2) the affidavit executed by the provisional voter
pursuant to subsection (b)(2) of Section 18A-5 contains, at
a minimum, the provisional voter's first and last name,
house number and street name, and signature or mark;
(3) except as permitted by item (5) of subsection (b)
of this Section, the provisional voter is a registered
voter based on information available to the county clerk or
board of election commissioners provided by or obtained

SB3691 - 34 - LRB101 20223 SMS 69763 b
from any of the following:
i. the provisional voter;
ii. an election judge;
iii. the statewide voter registration database
maintained by the State Board of Elections;
iv. the records of the county clerk or board of
election commissioners' database; or
v. the records of the Secretary of State; and
(4) for a provisional ballot cast under item (6) of
subsection (a) of Section 18A-5, the voter did not vote by
vote by mail ballot in the election at which the
provisional ballot was cast; or
(5) for a provisional ballot cast under item (7) or (8)
of subsection (a) of Section 18A-5, the voter provides the
election authority with the necessary photo identification
or other documentation within 7 days of election day.
(c) With respect to subsection (b)(3) of this Section, the
county clerk or board of election commissioners shall
investigate and record whether or not the specified information
is available from each of the 5 identified sources. If the
information is available from one or more of the identified
sources, then the county clerk or board of election
commissioners shall seek to obtain the information from each of
those sources until satisfied, with information from at least
one of those sources, that the provisional voter is registered
and entitled to vote. The county clerk or board of election

SB3691 - 35 - LRB101 20223 SMS 69763 b
commissioners shall use any information it obtains as the basis
for determining the voter registration status of the
provisional voter. If a conflict exists among the information
available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election commissioners
shall make a determination based on the totality of the
circumstances. In a case where the above information equally
supports or opposes the registration status of the voter, the
county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to
vote. If the statewide voter registration database maintained
by the State Board of Elections indicates that the provisional
voter is registered to vote, but the county clerk's or board of
election commissioners' voter registration database indicates
that the provisional voter is not registered to vote, then the
information found in the statewide voter registration database
shall control the matter and the provisional voter shall be
deemed to be registered to vote. If the records of the county
clerk or board of election commissioners indicates that the
provisional voter is registered to vote, but the statewide
voter registration database maintained by the State Board of
Elections indicates that the provisional voter is not
registered to vote, then the information found in the records
of the county clerk or board of election commissioners shall
control the matter and the provisional voter shall be deemed to

SB3691 - 36 - LRB101 20223 SMS 69763 b
be registered to vote. If the provisional voter's signature on
his or her provisional ballot request varies from the signature
on an otherwise valid registration application solely because
of the substitution of initials for the first or middle name,
the election authority may not reject the provisional ballot.
(d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter to
complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the
information already submitted by the provisional voter. Within
2 calendar days after the election, the election authority
shall transmit by electronic means pursuant to a process
established by the State Board of Elections the name, street
address, e-mail address, and precinct, ward, township, and
district numbers, as the case may be, of each person casting a
provisional ballot to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The provisional voter

SB3691 - 37 - LRB101 20223 SMS 69763 b
may, within 7 calendar days after the election, submit
additional information to the county clerk or board of election
commissioners. This information must be received by the county
clerk or board of election commissioners within the
7-calendar-day period.
(e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
(f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this
Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
(g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The provisional
ballots determined to be valid shall be added to the vote
totals for the precincts from which they were cast in the order
in which the ballots were opened. The validation and counting
of provisional ballots shall be subject to the provisions of
this Code that apply to pollwatchers. If the provisional

SB3691 - 38 - LRB101 20223 SMS 69763 b
ballots are a ballot of a punch card voting system, then the
provisional ballot shall be counted in a manner consistent with
Article 24A. If the provisional ballots are a ballot of optical
scan or other type of approved electronic voting system, then
the provisional ballots shall be counted in a manner consistent
with Article 24B.
(h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted or
spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote
shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure
and seal it in the same manner as described in item (6) of

SB3691 - 39 - LRB101 20223 SMS 69763 b
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election official"
means the county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. The application for vote by mail ballot shall be
substantially in the following form:
APPLICATION FOR VOTE BY MAIL BALLOT
To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully

SB3691 - 40 - LRB101 20223 SMS 69763 b
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by vote by mail
ballot.
I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than election day,
for counting no later than during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
I understand that this application is made for an official
vote by mail ballot or ballots to be voted by me at the
election specified in this application and that I must submit a
separate application for an official vote by mail ballot or
ballots to be voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the

SB3691 - 41 - LRB101 20223 SMS 69763 b
applicant is affiliated.
If application is made electronically, the applicant shall
mark the box associated with the above described statement
included as part of the online application certifying that the
statements set forth in this application are true and correct,
and a signature is not required. The application shall also
include a readable copy of the applicant's photo
identification.
Any person may produce, reproduce, distribute, or return to
an election authority the application for vote by mail ballot.
If applications are sent to a post office box controlled by any
individual or organization that is not an election authority,
those applications shall (i) include a valid and current phone
number for the individual or organization controlling the post
office box and (ii) be turned over to the appropriate election
authority within 7 days of receipt or, if received within 2
weeks of the election in which an applicant intends to vote,
within 2 days of receipt. Failure to turn over the applications
in compliance with this paragraph shall constitute a violation
of this Code and shall be punishable as a petty offense with a
fine of $100 per application. Removing, tampering with, or
otherwise knowingly making the postmark on the application
unreadable by the election authority shall establish a
rebuttable presumption of a violation of this paragraph. Upon
receipt, the appropriate election authority shall accept and
promptly process any application for vote by mail ballot

SB3691 - 42 - LRB101 20223 SMS 69763 b
submitted in a form substantially similar to that required by
this Section, including any substantially similar production
or reproduction generated by the applicant.
(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)
(10 ILCS 5/19A-35)
Sec. 19A-35. Procedure for voting.
(a) Not more than 23 days before the start of the election,
the county clerk shall make available to the election official
conducting early voting by personal appearance a sufficient
number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. The election
official shall receipt for all ballots received and shall
return unused or spoiled ballots at the close of the early
voting period to the county clerk and must strictly account for
all ballots received. The ballots delivered to the election
official must include early ballots for each precinct in the
election authority's jurisdiction and must include separate
ballots for each political subdivision conducting an election
of officers or a referendum at that election.
(b) In conducting early voting under this Article, the
election judge or official is required to verify the signature
of the early voter by comparison with the signature on the
official registration card, and the judge or official must
verify (i) that the applicant is a registered voter, (ii) the
precinct in which the applicant is registered, and (iii) that

SB3691 - 43 - LRB101 20223 SMS 69763 b
the voter has a valid photo identification, and (iv) the proper
ballots of the political subdivision in which the applicant
resides and is entitled to vote before providing an early
ballot to the applicant. The election judge or official must
verify the applicant's registration from the most recent poll
list provided by the election authority, and if the applicant
is not listed on that poll list, by telephoning the office of
the election authority.
(b-5) A person requesting an early voting ballot to whom a
vote by mail ballot was issued may vote early if the person
submits that vote by mail ballot to the judges of election or
official conducting early voting for cancellation. If the voter
is unable to submit the vote by mail ballot, it shall be
sufficient for the voter to submit to the judges or official
(i) a portion of the vote by mail ballot if the vote by mail
ballot was torn or mutilated or (ii) an affidavit executed
before the judges or official specifying that (A) the voter
never received a vote by mail ballot or (B) the voter completed
and returned a vote by mail ballot and was informed that the
election authority did not receive that vote by mail ballot.
(b-10) Within one day after a voter casts an early voting
ballot, the election authority shall transmit the voter's name,
street address, and precinct, ward, township, and district
numbers, as the case may be, to the State Board of Elections,
which shall maintain those names and that information in an
electronic format on its website, arranged by county and

SB3691 - 44 - LRB101 20223 SMS 69763 b
accessible to State and local political committees.
(b-15) Immediately after voting an early ballot, the voter
shall be instructed whether the voting equipment accepted or
rejected the ballot or identified that ballot as under-voted
for a statewide constitutional office. A voter whose ballot is
identified as under-voted may return to the voting booth and
complete the voting of that ballot. A voter whose early voting
ballot is not accepted by the voting equipment may, upon
surrendering the ballot, request and vote another early voting
ballot. The voter's surrendered ballot shall be initialed by
the election judge or official conducting the early voting and
handled as provided in the appropriate Article governing the
voting equipment used.
(c) The sealed early ballots in their carrier envelope
shall be delivered by the election authority to the central
ballot counting location before the close of the polls on the
day of the election.
(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19A-60)
Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed
to observe early voting by personal appearance at each
permanent and temporary polling place where early voting is
conducted. The pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except
that each candidate, political party, or organization of

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citizens may appoint only one pollwatcher for each location
where early voting by personal appearance is conducted.
Pollwatchers must be residents of the State and possess valid
pollwatcher credentials.
Pollwatchers shall be permitted to observe all proceedings
and view all reasonably requested records relating to the
conduct of the early voting, provided the secrecy of the ballot
is not impinged, and to station themselves in a position in the
voting room as will enable them to observe the judges or
election authority personnel making the signature comparison
between the voter application and the voter registration record
card and verifying photo identifications; provided, however,
that the pollwatchers shall not be permitted to station
themselves in such close proximity to the judges of election or
election authority personnel so as to interfere with the
orderly conduct of the voting and shall not, in any event, be
permitted to handle voting or election materials. Pollwatchers
may challenge for cause the voting qualifications of a person
offering to vote and may call to the attention of the judges of
election or election authority personnel any incorrect
procedure or apparent violations of this Code.
The judges of election or election authority personnel
conducting early voting, or a majority of either of these, have
the power and authority to hear and determine the legality of
an early voting ballot.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)