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


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


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

SB3691LRB101 20223 SMS 69763 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 1-3, 17-9, 17-23, 18-5, 18A-5, 18A-15, 19-3, 19A-35,
6and 19A-60 as follows:
7 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
8 Sec. 1-3. As used in this Act, unless the context otherwise
9requires:
10 1. "Election" includes the submission of all questions of
11public policy, propositions, and all measures submitted to
12popular vote, and includes primary elections when so indicated
13by the context.
14 2. "Regular election" means the general, general primary,
15consolidated and consolidated primary elections regularly
16scheduled in Article 2A. The even numbered year municipal
17primary established in Article 2A is a regular election only
18with respect to those municipalities in which a primary is
19required to be held on such date.
20 3. "Special election" means an election not regularly
21recurring at fixed intervals, irrespective of whether it is
22held at the same time and place and by the same election
23officers as a regular election.

SB3691- 2 -LRB101 20223 SMS 69763 b
1 4. "General election" means the biennial election at which
2members of the General Assembly are elected. "General primary
3election", "consolidated election" and "consolidated primary
4election" mean the respective elections or the election dates
5designated and established in Article 2A of this Code.
6 5. "Municipal election" means an election or primary,
7either regular or special, in cities, villages, and
8incorporated towns; and "municipality" means any such city,
9village or incorporated town.
10 6. "Political or governmental subdivision" means any unit
11of local government, or school district in which elections are
12or may be held. "Political or governmental subdivision" also
13includes, for election purposes, Regional Boards of School
14Trustees, and Township Boards of School Trustees.
15 7. The word "township" and the word "town" shall apply
16interchangeably to the type of governmental organization
17established in accordance with the provisions of the Township
18Code. The term "incorporated town" shall mean a municipality
19referred to as an incorporated town in the Illinois Municipal
20Code, as now or hereafter amended.
21 8. "Election authority" means a county clerk or a Board of
22Election Commissioners.
23 9. "Election Jurisdiction" means (a) an entire county, in
24the case of a county in which no city board of election
25commissioners is located or which is under the jurisdiction of
26a county board of election commissioners; (b) the territorial

SB3691- 3 -LRB101 20223 SMS 69763 b
1jurisdiction of a city board of election commissioners; and (c)
2the territory in a county outside of the jurisdiction of a city
3board of election commissioners. In each instance election
4jurisdiction shall be determined according to which election
5authority maintains the permanent registration records of
6qualified electors.
7 10. "Local election official" means the clerk or secretary
8of a unit of local government or school district, as the case
9may be, the treasurer of a township board of school trustees,
10and the regional superintendent of schools with respect to the
11various school officer elections and school referenda for which
12the regional superintendent is assigned election duties by The
13School Code, as now or hereafter amended.
14 11. "Judges of election", "primary judges" and similar
15terms, as applied to cases where there are 2 sets of judges,
16when used in connection with duties at an election during the
17hours the polls are open, refer to the team of judges of
18election on duty during such hours; and, when used with
19reference to duties after the closing of the polls, refer to
20the team of tally judges designated to count the vote after the
21closing of the polls and the holdover judges designated
22pursuant to Section 13-6.2 or 14-5.2. In such case, where,
23after the closing of the polls, any act is required to be
24performed by each of the judges of election, it shall be
25performed by each of the tally judges and by each of the
26holdover judges.

SB3691- 4 -LRB101 20223 SMS 69763 b
1 12. "Petition" of candidacy as used in Sections 7-10 and
27-10.1 shall consist of a statement of candidacy, candidate's
3statement containing oath, and sheets containing signatures of
4qualified primary electors bound together.
5 13. "Election district" and "precinct", when used with
6reference to a 30-day residence requirement, means the smallest
7constituent territory in which electors vote as a unit at the
8same polling place in any election governed by this Act.
9 14. "District" means any area which votes as a unit for the
10election of any officer, other than the State or a unit of
11local government or school district, and includes, but is not
12limited to, legislative, congressional and judicial districts,
13judicial circuits, county board districts, municipal and
14sanitary district wards, school board districts, and
15precincts.
16 15. "Question of public policy" or "public question" means
17any question, proposition or measure submitted to the voters at
18an election dealing with subject matter other than the
19nomination or election of candidates and shall include, but is
20not limited to, any bond or tax referendum, and questions
21relating to the Constitution.
22 16. "Ordinance providing the form of government of a
23municipality or county pursuant to Article VII of the
24Constitution" includes ordinances, resolutions and petitions
25adopted by referendum which provide for the form of government,
26the officers or the manner of selection or terms of office of

SB3691- 5 -LRB101 20223 SMS 69763 b
1officers of such municipality or county, pursuant to the
2provisions of Sections 4, 6 or 7 of Article VII of the
3Constitution.
4 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
56-60, and 6-66 shall include a computer tape or computer disc
6or other electronic data processing information containing
7voter information.
8 18. "Accessible" means accessible to persons with
9disabilities and elderly individuals for the purpose of voting
10or registration, as determined by rule of the State Board of
11Elections.
12 19. "Elderly" means 65 years of age or older.
13 20. "Person with a disability" means a person having a
14temporary or permanent physical disability.
15 21. "Leading political party" means one of the two
16political parties whose candidates for governor at the most
17recent three gubernatorial elections received either the
18highest or second highest average number of votes. The
19political party whose candidates for governor received the
20highest average number of votes shall be known as the first
21leading political party and the political party whose
22candidates for governor received the second highest average
23number of votes shall be known as the second leading political
24party.
25 22. "Business day" means any day in which the office of an
26election authority, local election official or the State Board

SB3691- 6 -LRB101 20223 SMS 69763 b
1of Elections is open to the public for a minimum of 7 hours.
2 23. "Homeless individual" means any person who has a
3nontraditional residence, including, but not limited to, a
4shelter, day shelter, park bench, street corner, or space under
5a bridge.
6 24. "Signature" means a name signed in ink or in digitized
7form. This definition does not apply to a nominating or
8candidate petition or a referendum petition.
9 25. "Intelligent mail barcode tracking system" means a
10printed trackable barcode attached to the return business reply
11envelope for mail-in ballots under Article 19 or Article 20
12that allows an election authority to determine the date the
13envelope was mailed in absence of a postmark.
14 26. "Photo identification" means an identification card
15issued by either the United States or the State of Illinois
16that includes the name and photo of the voter or, for a
17student, a student identification card of any college,
18university, or technical college accredited and located in the
19State of Illinois that contains the name and photo of the voter
20and is accompanied with proof of current enrollment at the
21college, university, or technical college. For a voter under 70
22years of age, "photo identification" does not include
23identification that is expired more than 2 years. For voters 70
24years old or older, "photo identification" includes an
25identification card that is expired for any length of time.
26(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)

SB3691- 7 -LRB101 20223 SMS 69763 b
1 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
2 Sec. 17-9. Any person desiring to vote shall give his name,
3photo identification, and, if required to do so, his residence
4to the judges of election, one of whom shall thereupon announce
5the same in a loud and distinct tone of voice, clear, and
6audible; the judges of elections shall check each application
7for ballot against the list of voters registered in that
8precinct to whom grace period, vote by mail, or early ballots
9have been issued for that election, which shall be provided by
10the election authority and which list shall be available for
11inspection by pollwatchers. A voter applying to vote in the
12precinct on election day whose name appears on the list as
13having been issued a grace period, vote by mail, or early
14ballot shall not be permitted to vote in the precinct, except
15that a voter to whom a vote by mail ballot was issued may vote
16in the precinct if the voter submits to the election judges
17that vote by mail ballot for cancellation. If the voter is
18unable to submit the vote by mail ballot, it shall be
19sufficient for the voter to submit to the election judges (i) a
20portion of the vote by mail ballot if the vote by mail ballot
21was torn or mutilated or (ii) an affidavit executed before the
22election judges specifying that (A) the voter never received a
23vote by mail ballot or (B) the voter completed and returned a
24vote by mail ballot and was informed that the election
25authority did not receive that vote by mail ballot. All

SB3691- 8 -LRB101 20223 SMS 69763 b
1applicable provisions of Articles 4, 5 or 6 shall be complied
2with and if such name is found on the register of voters by the
3officer having charge thereof, he shall likewise repeat said
4name, and the voter shall be allowed to enter within the
5proximity of the voting booths, as above provided. One of the
6judges shall give the voter one, and only one of each ballot to
7be voted at the election, on the back of which ballots such
8judge shall indorse his initials in such manner that they may
9be seen when each such ballot is properly folded, and the
10voter's name shall be immediately checked on the register list.
11In those election jurisdictions where perforated ballot cards
12are utilized of the type on which write-in votes can be cast
13above the perforation, the election authority shall provide a
14space both above and below the perforation for the judge's
15initials, and the judge shall endorse his or her initials in
16both spaces. Whenever a proposal for a constitutional amendment
17or for the calling of a constitutional convention is to be
18voted upon at the election, the separate blue ballot or ballots
19pertaining thereto shall, when being handed to the voter, be
20placed on top of the other ballots to be voted at the election
21in such manner that the legend appearing on the back thereof,
22as prescribed in Section 16-6 of this Act, shall be plainly
23visible to the voter. At all elections, when a registry may be
24required, if the name of any person so desiring to vote at such
25election is not found on the register of voters, he or she
26shall not receive a ballot until he or she shall have complied

SB3691- 9 -LRB101 20223 SMS 69763 b
1with the law prescribing the manner and conditions of voting by
2unregistered voters. If any person desiring to vote at any
3election shall be challenged, he or she shall not receive a
4ballot until he or she shall have established his right to vote
5in the manner provided hereinafter; and if he or she shall be
6challenged after he has received his ballot, he shall not be
7permitted to vote until he or she has fully complied with such
8requirements of the law upon being challenged. Besides the
9election officer, not more than 2 voters in excess of the whole
10number of voting booths provided shall be allowed within the
11proximity of the voting booths at one time. The provisions of
12this Act, so far as they require the registration of voters as
13a condition to their being allowed to vote shall not apply to
14persons otherwise entitled to vote, who are, at the time of the
15election, or at any time within 60 days prior to such election
16have been engaged in the military or naval service of the
17United States, and who appear personally at the polling place
18on election day and produce to the judges of election
19satisfactory evidence thereof, but such persons, if otherwise
20qualified to vote, shall be permitted to vote at such election
21without previous registration.
22 All such persons shall also make an affidavit which shall
23be in substantially the following form:
24State of Illinois,)
25 ) ss.
26County of ........)

SB3691- 10 -LRB101 20223 SMS 69763 b
1............... Precinct .......... Ward
2 I, ...., do solemnly swear (or affirm) that I am a citizen
3of the United States, of the age of 18 years or over, and that
4within the past 60 days prior to the date of this election at
5which I am applying to vote, I have been engaged in the ....
6(military or naval) service of the United States; and I am
7qualified to vote under and by virtue of the Constitution and
8laws of the State of Illinois, and that I am a legally
9qualified voter of this precinct and ward except that I have,
10because of such service, been unable to register as a voter;
11that I now reside at .... (insert street and number, if any) in
12this precinct and ward; that I have maintained a legal
13residence in this precinct and ward for 30 days and in this
14State 30 days next preceding this election.
15
.........................
16 Subscribed and sworn to before me on (insert date).
17
.........................
18
Judge of Election.
19 The affidavit of any such person shall be supported by the
20affidavit of a resident and qualified voter of any such
21precinct and ward, which affidavit shall be in substantially
22the following form:
23State of Illinois,)
24 ) ss.
25County of ........)

SB3691- 11 -LRB101 20223 SMS 69763 b
1........... Precinct ........... Ward
2 I, ...., do solemnly swear (or affirm), that I am a
3resident of this precinct and ward and entitled to vote at this
4election; that I am acquainted with .... (name of the
5applicant); that I verily believe him to be an actual bona fide
6resident of this precinct and ward and that I verily believe
7that he or she has maintained a legal residence therein 30 days
8and in this State 30 days next preceding this election.
9
.........................
10 Subscribed and sworn to before me on (insert date).
11
.........................
12
Judge of Election.
13 All affidavits made under the provisions of this Section
14shall be enclosed in a separate envelope securely sealed, and
15shall be transmitted with the returns of the elections to the
16county clerk or to the board of election commissioners, who
17shall preserve the said affidavits for the period of 6 months,
18during which period such affidavits shall be deemed public
19records and shall be freely open to examination as such.
20(Source: P.A. 98-1171, eff. 6-1-15.)
21 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
22 Sec. 17-23. Pollwatchers in a general election shall be
23authorized in the following manner:
24 (1) Each established political party shall be entitled to

SB3691- 12 -LRB101 20223 SMS 69763 b
1appoint two pollwatchers per precinct. Such pollwatchers must
2be affiliated with the political party for which they are
3pollwatching. For all elections, the pollwatchers must be
4registered to vote in Illinois.
5 (2) Each candidate shall be entitled to appoint two
6pollwatchers per precinct. For all elections, the pollwatchers
7must be registered to vote in Illinois.
8 (3) Each organization of citizens within the county or
9political subdivision, which has among its purposes or
10interests the investigation or prosecution of election frauds,
11and which shall have registered its name and address and the
12name and addresses of its principal officers with the proper
13election authority at least 40 days before the election, shall
14be entitled to appoint one pollwatcher per precinct. For all
15elections, the pollwatcher must be registered to vote in
16Illinois.
17 (3.5) Each State nonpartisan civic organization within the
18county or political subdivision shall be entitled to appoint
19one pollwatcher per precinct, provided that no more than 2
20pollwatchers appointed by State nonpartisan civic
21organizations shall be present in a precinct polling place at
22the same time. Each organization shall have registered the
23names and addresses of its principal officers with the proper
24election authority at least 40 days before the election. The
25pollwatchers must be registered to vote in Illinois. For the
26purpose of this paragraph, a "State nonpartisan civic

SB3691- 13 -LRB101 20223 SMS 69763 b
1organization" means any corporation, unincorporated
2association, or organization that:
3 (i) as part of its written articles of incorporation,
4 bylaws, or charter or by separate written declaration, has
5 among its stated purposes the provision of voter
6 information and education, the protection of individual
7 voters' rights, and the promotion of free and equal
8 elections;
9 (ii) is organized or primarily conducts its activities
10 within the State of Illinois; and
11 (iii) continuously maintains an office or business
12 location within the State of Illinois, together with a
13 current listed telephone number (a post office box number
14 without a current listed telephone number is not
15 sufficient).
16 (4) In any general election held to elect candidates for
17the offices of a municipality of less than 3,000,000 population
18that is situated in 2 or more counties, a pollwatcher who is a
19resident of Illinois shall be eligible to serve as a
20pollwatcher in any poll located within such municipality,
21provided that such pollwatcher otherwise complies with the
22respective requirements of subsections (1) through (3) of this
23Section and is a registered voter in Illinois.
24 (5) Each organized group of proponents or opponents of a
25ballot proposition, which shall have registered the name and
26address of its organization or committee and the name and

SB3691- 14 -LRB101 20223 SMS 69763 b
1address of its chair with the proper election authority at
2least 40 days before the election, shall be entitled to appoint
3one pollwatcher per precinct. The pollwatcher must be
4registered to vote in Illinois.
5 All pollwatchers shall be required to have proper
6credentials. Such credentials shall be printed in sufficient
7quantities, shall be issued by and under the facsimile
8signature(s) of the election authority or the State Board of
9Elections and shall be available for distribution by the
10election authority and State Board of Elections at least 2
11weeks prior to the election. Such credentials shall be
12authorized by the real or facsimile signature of the State or
13local party official or the candidate or the presiding officer
14of the civic organization or the chair of the proponent or
15opponent group, as the case may be. Neither the election
16authority nor the State Board of Elections may require any such
17party official or the candidate or the presiding officer of the
18civic organization or the chair of the proponent or opponent
19group to submit the names or other information concerning
20pollwatchers before making credentials available to such
21persons or organizations.
22 Pollwatcher credentials shall be in substantially the
23following form:
24
POLLWATCHER CREDENTIALS
25TO THE JUDGES OF ELECTION:

SB3691- 15 -LRB101 20223 SMS 69763 b
1 In accordance with the provisions of the Election Code, the
2undersigned hereby appoints .......... (name of pollwatcher)
3who resides at ........... (address) in the county of
4..........., .......... (township or municipality) of
5........... (name), State of Illinois and who is duly
6registered to vote from this address, to act as a pollwatcher
7in the ........... precinct of the ........... ward (if
8applicable) of the ........... (township or municipality) of
9........... at the ........... election to be held on (insert
10date).
11........................ (Signature of Appointing Authority)
12......................... TITLE (party official, candidate,
13 civic organization president,
14 proponent or opponent group chair)
15 Under penalties provided by law pursuant to Section 29-10
16of the Election Code, the undersigned pollwatcher certifies
17that he or she resides at ................ (address) in the
18county of ............, ......... (township or municipality)
19of ........... (name), State of Illinois, and is duly
20registered to vote in Illinois.
21.......................... .......................
22(Precinct and/or Ward in (Signature of Pollwatcher)
23Which Pollwatcher Resides)
24 Pollwatchers must present their credentials to the Judges

SB3691- 16 -LRB101 20223 SMS 69763 b
1of Election upon entering the polling place. Pollwatcher
2credentials properly executed and signed shall be proof of the
3qualifications of the pollwatcher authorized thereby. Such
4credentials are retained by the Judges and returned to the
5Election Authority at the end of the day of election with the
6other election materials. Once a pollwatcher has surrendered a
7valid credential, he may leave and reenter the polling place
8provided that such continuing action does not disrupt the
9conduct of the election. Pollwatchers may be substituted during
10the course of the day, but established political parties,
11candidates and qualified civic organizations can have only as
12many pollwatchers at any given time as are authorized in this
13Article. A substitute must present his signed credential to the
14judges of election upon entering the polling place. Election
15authorities must provide a sufficient number of credentials to
16allow for substitution of pollwatchers. After the polls have
17closed pollwatchers shall be allowed to remain until the
18canvass of votes is completed; but may leave and reenter only
19in cases of necessity, provided that such action is not so
20continuous as to disrupt the canvass of votes.
21 Candidates seeking office in a district or municipality
22encompassing 2 or more counties shall be admitted to any and
23all polling places throughout such district or municipality
24without regard to the counties in which such candidates are
25registered to vote. Actions of such candidates shall be
26governed in each polling place by the same privileges and

SB3691- 17 -LRB101 20223 SMS 69763 b
1limitations that apply to pollwatchers as provided in this
2Section. Any such candidate who engages in an activity in a
3polling place which could reasonably be construed by a majority
4of the judges of election as campaign activity shall be removed
5forthwith from such polling place.
6 Candidates seeking office in a district or municipality
7encompassing 2 or more counties who desire to be admitted to
8polling places on election day in such district or municipality
9shall be required to have proper credentials. Such credentials
10shall be printed in sufficient quantities, shall be issued by
11and under the facsimile signature of the State Board of
12Elections or the election authority of the election
13jurisdiction where the polling place in which the candidate
14seeks admittance is located, and shall be available for
15distribution at least 2 weeks prior to the election. Such
16credentials shall be signed by the candidate.
17 Candidate credentials shall be in substantially the
18following form:
19
CANDIDATE CREDENTIALS
20 TO THE JUDGES OF ELECTION:
21 In accordance with the provisions of the Election Code, I
22...... (name of candidate) hereby certify that I am a candidate
23for ....... (name of office) and seek admittance to .......
24precinct of the ....... ward (if applicable) of the .......
25(township or municipality) of ....... at the ....... election

SB3691- 18 -LRB101 20223 SMS 69763 b
1to be held on (insert date).
2......................... .......................
3(Signature of Candidate) OFFICE FOR WHICH
4 CANDIDATE SEEKS
5 NOMINATION OR
6 ELECTION
7 Pollwatchers shall be permitted to observe all proceedings
8and view all reasonably requested records relating to the
9conduct of the election, provided the secrecy of the ballot is
10not impinged, and to station themselves in a position in the
11voting room as will enable them to observe the judges making
12the signature comparison between the voter application and the
13voter registration record card and verifying photo
14identifications; provided, however, that such pollwatchers
15shall not be permitted to station themselves in such close
16proximity to the judges of election so as to interfere with the
17orderly conduct of the election and shall not, in any event, be
18permitted to handle election materials. Pollwatchers may
19challenge for cause the voting qualifications of a person
20offering to vote and may call to the attention of the judges of
21election any incorrect procedure or apparent violations of this
22Code.
23 If a majority of the judges of election determine that the
24polling place has become too overcrowded with pollwatchers so
25as to interfere with the orderly conduct of the election, the

SB3691- 19 -LRB101 20223 SMS 69763 b
1judges shall, by lot, limit such pollwatchers to a reasonable
2number, except that each established or new political party
3shall be permitted to have at least one pollwatcher present.
4 Representatives of an election authority, with regard to an
5election under its jurisdiction, the State Board of Elections,
6and law enforcement agencies, including but not limited to a
7United States Attorney, a State's attorney, the Attorney
8General, and a State, county, or local police department, in
9the performance of their official election duties, shall be
10permitted at all times to enter and remain in the polling
11place. Upon entering the polling place, such representatives
12shall display their official credentials or other
13identification to the judges of election.
14 Uniformed police officers assigned to polling place duty
15shall follow all lawful instructions of the judges of election.
16 The provisions of this Section shall also apply to
17supervised casting of vote by mail ballots as provided in
18Section 19-12.2 of this Act.
19(Source: P.A. 100-1027, eff. 1-1-19.)
20 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
21 Sec. 18-5. Any person desiring to vote and whose name is
22found upon the register of voters by the person having charge
23thereof and who has presented a valid photo identification,
24shall then be questioned by one of the judges as to his
25nativity, his term of residence at present address, precinct,

SB3691- 20 -LRB101 20223 SMS 69763 b
1State and United States, his age, whether naturalized and if so
2the date of naturalization papers and court from which secured,
3and he shall be asked to state his residence when last
4previously registered and the date of the election for which he
5then registered. The judges of elections shall check each
6application for ballot against the list of voters registered in
7that precinct to whom grace period, vote by mail, and early
8ballots have been issued for that election, which shall be
9provided by the election authority and which list shall be
10available for inspection by pollwatchers. A voter applying to
11vote in the precinct on election day whose name appears on the
12list as having been issued a grace period, vote by mail, or
13early ballot shall not be permitted to vote in the precinct,
14except that a voter to whom a vote by mail ballot was issued
15may vote in the precinct if the voter submits to the election
16judges that vote by mail ballot for cancellation. If the voter
17is unable to submit the vote by mail ballot, it shall be
18sufficient for the voter to submit to the election judges (i) a
19portion of the vote by mail ballot if the vote by mail ballot
20was torn or mutilated or (ii) an affidavit executed before the
21election judges specifying that (A) the voter never received a
22vote by mail ballot or (B) the voter completed and returned a
23vote by mail ballot and was informed that the election
24authority did not receive that vote by mail ballot. If such
25person so registered shall be challenged as disqualified, the
26party challenging shall assign his reasons therefor, and

SB3691- 21 -LRB101 20223 SMS 69763 b
1thereupon one of the judges shall administer to him an oath to
2answer questions, and if he shall take the oath he shall then
3be questioned by the judge or judges touching such cause of
4challenge, and touching any other cause of disqualification.
5And he may also be questioned by the person challenging him in
6regard to his qualifications and identity. But if a majority of
7the judges are of the opinion that he is the person so
8registered and a qualified voter, his vote shall then be
9received accordingly. But if his vote be rejected by such
10judges, such person may afterward produce and deliver an
11affidavit to such judges, subscribed and sworn to by him before
12one of the judges, in which it shall be stated how long he has
13resided in such precinct, and state; that he is a citizen of
14the United States, and is a duly qualified voter in such
15precinct, and that he is the identical person so registered. In
16addition to such an affidavit, the person so challenged shall
17provide to the judges of election proof of residence by
18producing 2 forms of identification showing the person's
19current residence address, provided that such identification
20may include a lease or contract for a residence and not more
21than one piece of mail addressed to the person at his current
22residence address and postmarked not earlier than 30 days prior
23to the date of the election, or the person shall procure a
24witness personally known to the judges of election, and
25resident in the precinct (or district), or who shall be proved
26by some legal voter of such precinct or district, known to the

SB3691- 22 -LRB101 20223 SMS 69763 b
1judges to be such, who shall take the oath following, viz:
2 I do solemnly swear (or affirm) that I am a resident of
3this election precinct (or district), and entitled to vote at
4this election, and that I have been a resident of this State
5for 30 days last past, and am well acquainted with the person
6whose vote is now offered; that he is an actual and bona fide
7resident of this election precinct (or district), and has
8resided herein 30 days, and as I verily believe, in this State,
930 days next preceding this election.
10 The oath in each case may be administered by one of the
11judges of election, or by any officer, resident in the precinct
12or district, authorized by law to administer oaths. Also
13supported by an affidavit by a registered voter residing in
14such precinct, stating his own residence, and that he knows
15such person; and that he does reside at the place mentioned and
16has resided in such precinct and state for the length of time
17as stated by such person, which shall be subscribed and sworn
18to in the same way. For purposes of this Section, the
19submission of a photo identification issued by a college or
20university, accompanied by either (i) a copy of the applicant's
21contract or lease for a residence or (ii) one piece of mail
22addressed to the person at his or her current residence address
23and postmarked not earlier than 30 days prior to the date of
24the election, shall be sufficient to establish proof of
25residence. Whereupon the vote of such person shall be received,
26and entered as other votes. But such judges, having charge of

SB3691- 23 -LRB101 20223 SMS 69763 b
1such registers, shall state in their respective books the facts
2in such case, and the affidavits, so delivered to the judges,
3shall be preserved and returned to the office of the
4commissioners of election. Blank affidavits of the character
5aforesaid shall be sent out to the judges of all the precincts,
6and the judges of election shall furnish the same on demand and
7administer the oaths without criticism. Such oaths, if
8administered by any other officer than such judge of election,
9shall not be received. Whenever a proposal for a constitutional
10amendment or for the calling of a constitutional convention is
11to be voted upon at the election, the separate blue ballot or
12ballots pertaining thereto shall be placed on top of the other
13ballots to be voted at the election in such manner that the
14legend appearing on the back thereof, as prescribed in Section
1516-6 of this Act, shall be plainly visible to the voter, and in
16this fashion the ballots shall be handed to the voter by the
17judge.
18 Immediately after voting, the voter shall be instructed
19whether the voting equipment, if used, accepted or rejected the
20ballot or identified the ballot as under-voted. A voter whose
21ballot is identified as under-voted for a statewide
22constitutional office may return to the voting booth and
23complete the voting of that ballot. A voter whose ballot is not
24accepted by the voting equipment may, upon surrendering the
25ballot, request and vote another ballot. The voter's
26surrendered ballot shall be initialed by the election judge and

SB3691- 24 -LRB101 20223 SMS 69763 b
1handled as provided in the appropriate Article governing that
2voting equipment.
3 The voter shall, upon quitting the voting booth, deliver to
4one of the judges of election all of the ballots, properly
5folded, which he received. The judge of election to whom the
6voter delivers his ballots shall not accept the same unless all
7of the ballots given to the voter are returned by him. If a
8voter delivers less than all of the ballots given to him, the
9judge to whom the same are offered shall advise him in a voice
10clearly audible to the other judges of election that the voter
11must return the remainder of the ballots. The statement of the
12judge to the voter shall clearly express the fact that the
13voter is not required to vote such remaining ballots but that
14whether or not he votes them he must fold and deliver them to
15the judge. In making such statement the judge of election shall
16not indicate by word, gesture or intonation of voice that the
17unreturned ballots shall be voted in any particular manner. No
18new voter shall be permitted to enter the voting booth of a
19voter who has failed to deliver the total number of ballots
20received by him until such voter has returned to the voting
21booth pursuant to the judge's request and again quit the booth
22with all of the ballots required to be returned by him. Upon
23receipt of all such ballots the judges of election shall enter
24the name of the voter, and his number, as above provided in
25this Section, and the judge to whom the ballots are delivered
26shall immediately put the ballots into the ballot box. If any

SB3691- 25 -LRB101 20223 SMS 69763 b
1voter who has failed to deliver all the ballots received by him
2refuses to return to the voting booth after being advised by
3the judge of election as herein provided, the judge shall
4inform the other judges of such refusal, and thereupon the
5ballot or ballots returned to the judge shall be deposited in
6the ballot box, the voter shall be permitted to depart from the
7polling place, and a new voter shall be permitted to enter the
8voting booth.
9 The judge of election who receives the ballot or ballots
10from the voter shall announce the residence and name of such
11voter in a loud voice. The judge shall put the ballot or
12ballots received from the voter into the ballot box in the
13presence of the voter and the judges of election, and in plain
14view of the public. The judges having charge of such registers
15shall then, in a column prepared thereon, in the same line of,
16the name of the voter, mark "Voted" or the letter "V".
17 No judge of election shall accept from any voter less than
18the full number of ballots received by such voter without first
19advising the voter in the manner above provided of the
20necessity of returning all of the ballots, nor shall any such
21judge advise such voter in a manner contrary to that which is
22herein permitted, or in any other manner violate the provisions
23of this Section; provided, that the acceptance by a judge of
24election of less than the full number of ballots delivered to a
25voter who refuses to return to the voting booth after being
26properly advised by such judge shall not be a violation of this

SB3691- 26 -LRB101 20223 SMS 69763 b
1Section.
2(Source: P.A. 98-1171, eff. 6-1-15.)
3 (10 ILCS 5/18A-5)
4 Sec. 18A-5. Provisional voting; general provisions.
5 (a) A person who claims to be a registered voter is
6entitled to cast a provisional ballot under the following
7circumstances:
8 (1) The person's name does not appear on the official
9 list of eligible voters for the precinct in which the
10 person seeks to vote and the person has refused an
11 opportunity to register at the polling location or another
12 grace period registration site. The official list is the
13 centralized statewide voter registration list established
14 and maintained in accordance with Section 1A-25;
15 (2) The person's voting status has been challenged by
16 an election judge, a pollwatcher, or any legal voter and
17 that challenge has been sustained by a majority of the
18 election judges;
19 (3) A federal or State court order extends the time for
20 closing the polls beyond the time period established by
21 State law and the person votes during the extended time
22 period;
23 (4) The voter registered to vote by mail and is
24 required by law to present identification when voting
25 either in person or by early voting ballot, but fails to do

SB3691- 27 -LRB101 20223 SMS 69763 b
1 so;
2 (5) The voter's name appears on the list of voters who
3 voted during the early voting period, but the voter claims
4 not to have voted during the early voting period;
5 (6) The voter received a vote by mail ballot but did
6 not return the vote by mail ballot to the election
7 authority; or
8 (7) The voter attempted to register to vote on election
9 day, but failed to provide the necessary documentation; or
10 .
11 (8) The voter failed to present a valid photo
12 identification.
13 (b) The procedure for obtaining and casting a provisional
14ballot at the polling place shall be as follows:
15 (1) After first verifying through an examination of the
16 precinct register that the person's address is within the
17 precinct boundaries, an election judge at the polling place
18 shall notify a person who is entitled to cast a provisional
19 ballot pursuant to subsection (a) that he or she may cast a
20 provisional ballot in that election. An election judge must
21 accept any information provided by a person who casts a
22 provisional ballot that the person believes supports his or
23 her claim that he or she is a duly registered voter and
24 qualified to vote in the election. However, if the person's
25 residence address is outside the precinct boundaries, the
26 election judge shall inform the person of that fact, give

SB3691- 28 -LRB101 20223 SMS 69763 b
1 the person the appropriate telephone number of the election
2 authority in order to locate the polling place assigned to
3 serve that address, and instruct the person to go to the
4 proper polling place to vote.
5 (2) The person shall execute a written form provided by
6 the election judge that shall state or contain all of the
7 following that is available:
8 (i) an affidavit stating the following:
9 State of Illinois, County of ................,
10 Township ............., Precinct ........, Ward
11 ........, I, ......................., do solemnly
12 swear (or affirm) that: I am a citizen of the
13 United States; I am 18 years of age or older; I
14 have resided in this State and in this precinct for
15 30 days preceding this election; I have not voted
16 in this election; I am a duly registered voter in
17 every respect; and I am eligible to vote in this
18 election. Signature ...... Printed Name of Voter
19 ....... Printed Residence Address of Voter ......
20 City ...... State .... Zip Code ..... Telephone
21 Number ...... Date of Birth ....... and Illinois
22 Driver's License Number ....... or Last 4 digits of
23 Social Security Number ...... or State
24 Identification Card Number issued to you by the
25 Illinois Secretary of State ........
26 (ii) A box for the election judge to check one of

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

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

SB3691- 31 -LRB101 20223 SMS 69763 b
1 cast after 7:00 p.m. by court order shall be kept separate
2 from other provisional ballots. Upon the closing of the
3 polls, the securable container shall be sealed with
4 filament tape provided for that purpose, which shall be
5 wrapped around the box lengthwise and crosswise, at least
6 twice each way, and each of the election judges shall sign
7 the seal.
8 (c) Instead of the affidavit form described in subsection
9(b), the county clerk or board of election commissioners, as
10the case may be, may design and use a multi-part affidavit form
11that is imprinted upon or attached to the provisional ballot
12envelope described in subsection (b). If a county clerk or
13board of election commissioners elects to design and use its
14own multi-part affidavit form, then the county clerk or board
15of election commissioners shall establish a mechanism for
16accepting any information the provisional voter has supplied to
17the election judge to support his or her claim that he or she
18is a duly registered voter. In all other respects, a county
19clerk or board of election commissioners shall establish
20procedures consistent with subsection (b).
21 (d) The county clerk or board of election commissioners, as
22the case may be, shall use the completed affidavit form
23described in subsection (b) to update the person's voter
24registration information in the State voter registration
25database and voter registration database of the county clerk or
26board of election commissioners, as the case may be. If a

SB3691- 32 -LRB101 20223 SMS 69763 b
1person is later determined not to be a registered voter based
2on Section 18A-15 of this Code, then the affidavit shall be
3processed by the county clerk or board of election
4commissioners, as the case may be, as a voter registration
5application.
6(Source: P.A. 100-201, eff. 8-18-17.)
7 (10 ILCS 5/18A-15)
8 Sec. 18A-15. Validating and counting provisional ballots.
9 (a) The county clerk or board of election commissioners
10shall complete the validation and counting of provisional
11ballots within 14 calendar days of the day of the election. The
12county clerk or board of election commissioners shall have 7
13calendar days from the completion of the validation and
14counting of provisional ballots to conduct its final canvass.
15The State Board of Elections shall complete within 31 calendar
16days of the election or sooner if all the returns are received,
17its final canvass of the vote for all public offices.
18 (b) If a county clerk or board of election commissioners
19determines that all of the following apply, then a provisional
20ballot is valid and shall be counted as a vote:
21 (1) the provisional voter cast the provisional ballot
22 in the correct precinct based on the address provided by
23 the provisional voter. The provisional voter's affidavit
24 shall serve as a change of address request by that voter
25 for registration purposes for the next ensuing election if

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

SB3691- 34 -LRB101 20223 SMS 69763 b
1 from any of the following:
2 i. the provisional voter;
3 ii. an election judge;
4 iii. the statewide voter registration database
5 maintained by the State Board of Elections;
6 iv. the records of the county clerk or board of
7 election commissioners' database; or
8 v. the records of the Secretary of State; and
9 (4) for a provisional ballot cast under item (6) of
10 subsection (a) of Section 18A-5, the voter did not vote by
11 vote by mail ballot in the election at which the
12 provisional ballot was cast; or
13 (5) for a provisional ballot cast under item (7) or (8)
14 of subsection (a) of Section 18A-5, the voter provides the
15 election authority with the necessary photo identification
16 or other documentation within 7 days of election day.
17 (c) With respect to subsection (b)(3) of this Section, the
18county clerk or board of election commissioners shall
19investigate and record whether or not the specified information
20is available from each of the 5 identified sources. If the
21information is available from one or more of the identified
22sources, then the county clerk or board of election
23commissioners shall seek to obtain the information from each of
24those sources until satisfied, with information from at least
25one of those sources, that the provisional voter is registered
26and entitled to vote. The county clerk or board of election

SB3691- 35 -LRB101 20223 SMS 69763 b
1commissioners shall use any information it obtains as the basis
2for determining the voter registration status of the
3provisional voter. If a conflict exists among the information
4available to the county clerk or board of election
5commissioners as to the registration status of the provisional
6voter, then the county clerk or board of election commissioners
7shall make a determination based on the totality of the
8circumstances. In a case where the above information equally
9supports or opposes the registration status of the voter, the
10county clerk or board of election commissioners shall decide in
11favor of the provisional voter as being duly registered to
12vote. If the statewide voter registration database maintained
13by the State Board of Elections indicates that the provisional
14voter is registered to vote, but the county clerk's or board of
15election commissioners' voter registration database indicates
16that the provisional voter is not registered to vote, then the
17information found in the statewide voter registration database
18shall control the matter and the provisional voter shall be
19deemed to be registered to vote. If the records of the county
20clerk or board of election commissioners indicates that the
21provisional voter is registered to vote, but the statewide
22voter registration database maintained by the State Board of
23Elections indicates that the provisional voter is not
24registered to vote, then the information found in the records
25of the county clerk or board of election commissioners shall
26control the matter and the provisional voter shall be deemed to

SB3691- 36 -LRB101 20223 SMS 69763 b
1be registered to vote. If the provisional voter's signature on
2his or her provisional ballot request varies from the signature
3on an otherwise valid registration application solely because
4of the substitution of initials for the first or middle name,
5the election authority may not reject the provisional ballot.
6 (d) In validating the registration status of a person
7casting a provisional ballot, the county clerk or board of
8election commissioners shall not require a provisional voter to
9complete any form other than the affidavit executed by the
10provisional voter under subsection (b)(2) of Section 18A-5. In
11addition, the county clerk or board of election commissioners
12shall not require all provisional voters or any particular
13class or group of provisional voters to appear personally
14before the county clerk or board of election commissioners or
15as a matter of policy require provisional voters to submit
16additional information to verify or otherwise support the
17information already submitted by the provisional voter. Within
182 calendar days after the election, the election authority
19shall transmit by electronic means pursuant to a process
20established by the State Board of Elections the name, street
21address, e-mail address, and precinct, ward, township, and
22district numbers, as the case may be, of each person casting a
23provisional ballot to the State Board of Elections, which shall
24maintain those names and that information in an electronic
25format on its website, arranged by county and accessible to
26State and local political committees. The provisional voter

SB3691- 37 -LRB101 20223 SMS 69763 b
1may, within 7 calendar days after the election, submit
2additional information to the county clerk or board of election
3commissioners. This information must be received by the county
4clerk or board of election commissioners within the
57-calendar-day period.
6 (e) If the county clerk or board of election commissioners
7determines that subsection (b)(1), (b)(2), or (b)(3) does not
8apply, then the provisional ballot is not valid and may not be
9counted. The provisional ballot envelope containing the ballot
10cast by the provisional voter may not be opened. The county
11clerk or board of election commissioners shall write on the
12provisional ballot envelope the following: "Provisional ballot
13determined invalid.".
14 (f) If the county clerk or board of election commissioners
15determines that a provisional ballot is valid under this
16Section, then the provisional ballot envelope shall be opened.
17The outside of each provisional ballot envelope shall also be
18marked to identify the precinct and the date of the election.
19 (g) Provisional ballots determined to be valid shall be
20counted at the election authority's central ballot counting
21location and shall not be counted in precincts. The provisional
22ballots determined to be valid shall be added to the vote
23totals for the precincts from which they were cast in the order
24in which the ballots were opened. The validation and counting
25of provisional ballots shall be subject to the provisions of
26this Code that apply to pollwatchers. If the provisional

SB3691- 38 -LRB101 20223 SMS 69763 b
1ballots are a ballot of a punch card voting system, then the
2provisional ballot shall be counted in a manner consistent with
3Article 24A. If the provisional ballots are a ballot of optical
4scan or other type of approved electronic voting system, then
5the provisional ballots shall be counted in a manner consistent
6with Article 24B.
7 (h) As soon as the ballots have been counted, the election
8judges or election officials shall, in the presence of the
9county clerk or board of election commissioners, place each of
10the following items in a separate envelope or bag: (1) all
11provisional ballots, voted or spoiled; (2) all provisional
12ballot envelopes of provisional ballots voted or spoiled; and
13(3) all executed affidavits of the provisional ballots voted or
14spoiled. All provisional ballot envelopes for provisional
15voters who have been determined not to be registered to vote
16shall remain sealed. The county clerk or board of election
17commissioners shall treat the provisional ballot envelope
18containing the written affidavit as a voter registration
19application for that person for the next election and process
20that application. The election judges or election officials
21shall then securely seal each envelope or bag, initial the
22envelope or bag, and plainly mark on the outside of the
23envelope or bag in ink the precinct in which the provisional
24ballots were cast. The election judges or election officials
25shall then place each sealed envelope or bag into a box, secure
26and seal it in the same manner as described in item (6) of

SB3691- 39 -LRB101 20223 SMS 69763 b
1subsection (b) of Section 18A-5. Each election judge or
2election official shall take and subscribe an oath before the
3county clerk or board of election commissioners that the
4election judge or election official securely kept the ballots
5and papers in the box, did not permit any person to open the
6box or otherwise touch or tamper with the ballots and papers in
7the box, and has no knowledge of any other person opening the
8box. For purposes of this Section, the term "election official"
9means the county clerk, a member of the board of election
10commissioners, as the case may be, and their respective
11employees.
12(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1398-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
14 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
15 Sec. 19-3. The application for vote by mail ballot shall be
16substantially in the following form:
17
APPLICATION FOR VOTE BY MAIL BALLOT
18 To be voted at the .... election in the County of .... and
19State of Illinois, in the .... precinct of the (1) *township of
20.... (2) *City of .... or (3) *.... ward in the City of ....
21 I state that I am a resident of the .... precinct of the
22(1) *township of .... (2) *City of .... or (3) *.... ward in
23the city of .... residing at .... in such city or town in the
24county of .... and State of Illinois; that I have lived at such
25address for .... month(s) last past; that I am lawfully

SB3691- 40 -LRB101 20223 SMS 69763 b
1entitled to vote in such precinct at the .... election to be
2held therein on ....; and that I wish to vote by vote by mail
3ballot.
4 I hereby make application for an official ballot or ballots
5to be voted by me at such election, and I agree that I shall
6return such ballot or ballots to the official issuing the same
7prior to the closing of the polls on the date of the election
8or, if returned by mail, postmarked no later than election day,
9for counting no later than during the period for counting
10provisional ballots, the last day of which is the 14th day
11following election day.
12 I understand that this application is made for an official
13vote by mail ballot or ballots to be voted by me at the
14election specified in this application and that I must submit a
15separate application for an official vote by mail ballot or
16ballots to be voted by me at any subsequent election.
17 Under penalties as provided by law pursuant to Section
1829-10 of the Election Code, the undersigned certifies that the
19statements set forth in this application are true and correct.
20
....
21
*fill in either (1), (2) or (3).
22
Post office address to which ballot is mailed:
23...............
24 However, if application is made for a primary election
25ballot, such application shall require the applicant to
26designate the name of the political party with which the

SB3691- 41 -LRB101 20223 SMS 69763 b
1applicant is affiliated.
2 If application is made electronically, the applicant shall
3mark the box associated with the above described statement
4included as part of the online application certifying that the
5statements set forth in this application are true and correct,
6and a signature is not required. The application shall also
7include a readable copy of the applicant's photo
8identification.
9 Any person may produce, reproduce, distribute, or return to
10an election authority the application for vote by mail ballot.
11If applications are sent to a post office box controlled by any
12individual or organization that is not an election authority,
13those applications shall (i) include a valid and current phone
14number for the individual or organization controlling the post
15office box and (ii) be turned over to the appropriate election
16authority within 7 days of receipt or, if received within 2
17weeks of the election in which an applicant intends to vote,
18within 2 days of receipt. Failure to turn over the applications
19in compliance with this paragraph shall constitute a violation
20of this Code and shall be punishable as a petty offense with a
21fine of $100 per application. Removing, tampering with, or
22otherwise knowingly making the postmark on the application
23unreadable by the election authority shall establish a
24rebuttable presumption of a violation of this paragraph. Upon
25receipt, the appropriate election authority shall accept and
26promptly process any application for vote by mail ballot

SB3691- 42 -LRB101 20223 SMS 69763 b
1submitted in a form substantially similar to that required by
2this Section, including any substantially similar production
3or reproduction generated by the applicant.
4(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)
5 (10 ILCS 5/19A-35)
6 Sec. 19A-35. Procedure for voting.
7 (a) Not more than 23 days before the start of the election,
8the county clerk shall make available to the election official
9conducting early voting by personal appearance a sufficient
10number of early ballots, envelopes, and printed voting
11instruction slips for the use of early voters. The election
12official shall receipt for all ballots received and shall
13return unused or spoiled ballots at the close of the early
14voting period to the county clerk and must strictly account for
15all ballots received. The ballots delivered to the election
16official must include early ballots for each precinct in the
17election authority's jurisdiction and must include separate
18ballots for each political subdivision conducting an election
19of officers or a referendum at that election.
20 (b) In conducting early voting under this Article, the
21election judge or official is required to verify the signature
22of the early voter by comparison with the signature on the
23official registration card, and the judge or official must
24verify (i) that the applicant is a registered voter, (ii) the
25precinct in which the applicant is registered, and (iii) that

SB3691- 43 -LRB101 20223 SMS 69763 b
1the voter has a valid photo identification, and (iv) the proper
2ballots of the political subdivision in which the applicant
3resides and is entitled to vote before providing an early
4ballot to the applicant. The election judge or official must
5verify the applicant's registration from the most recent poll
6list provided by the election authority, and if the applicant
7is not listed on that poll list, by telephoning the office of
8the election authority.
9 (b-5) A person requesting an early voting ballot to whom a
10vote by mail ballot was issued may vote early if the person
11submits that vote by mail ballot to the judges of election or
12official conducting early voting for cancellation. If the voter
13is unable to submit the vote by mail ballot, it shall be
14sufficient for the voter to submit to the judges or official
15(i) a portion of the vote by mail ballot if the vote by mail
16ballot was torn or mutilated or (ii) an affidavit executed
17before the judges or official specifying that (A) the voter
18never received a vote by mail ballot or (B) the voter completed
19and returned a vote by mail ballot and was informed that the
20election authority did not receive that vote by mail ballot.
21 (b-10) Within one day after a voter casts an early voting
22ballot, the election authority shall transmit the voter's name,
23street address, and precinct, ward, township, and district
24numbers, as the case may be, to the State Board of Elections,
25which shall maintain those names and that information in an
26electronic format on its website, arranged by county and

SB3691- 44 -LRB101 20223 SMS 69763 b
1accessible to State and local political committees.
2 (b-15) Immediately after voting an early ballot, the voter
3shall be instructed whether the voting equipment accepted or
4rejected the ballot or identified that ballot as under-voted
5for a statewide constitutional office. A voter whose ballot is
6identified as under-voted may return to the voting booth and
7complete the voting of that ballot. A voter whose early voting
8ballot is not accepted by the voting equipment may, upon
9surrendering the ballot, request and vote another early voting
10ballot. The voter's surrendered ballot shall be initialed by
11the election judge or official conducting the early voting and
12handled as provided in the appropriate Article governing the
13voting equipment used.
14 (c) The sealed early ballots in their carrier envelope
15shall be delivered by the election authority to the central
16ballot counting location before the close of the polls on the
17day of the election.
18(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
19 (10 ILCS 5/19A-60)
20 Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed
21to observe early voting by personal appearance at each
22permanent and temporary polling place where early voting is
23conducted. The pollwatchers shall qualify and be appointed in
24the same manner as provided in Sections 7-34 and 17-23, except
25that each candidate, political party, or organization of

SB3691- 45 -LRB101 20223 SMS 69763 b
1citizens may appoint only one pollwatcher for each location
2where early voting by personal appearance is conducted.
3Pollwatchers must be residents of the State and possess valid
4pollwatcher credentials.
5 Pollwatchers shall be permitted to observe all proceedings
6and view all reasonably requested records relating to the
7conduct of the early voting, provided the secrecy of the ballot
8is not impinged, and to station themselves in a position in the
9voting room as will enable them to observe the judges or
10election authority personnel making the signature comparison
11between the voter application and the voter registration record
12card and verifying photo identifications; provided, however,
13that the pollwatchers shall not be permitted to station
14themselves in such close proximity to the judges of election or
15election authority personnel so as to interfere with the
16orderly conduct of the voting and shall not, in any event, be
17permitted to handle voting or election materials. Pollwatchers
18may challenge for cause the voting qualifications of a person
19offering to vote and may call to the attention of the judges of
20election or election authority personnel any incorrect
21procedure or apparent violations of this Code.
22 The judges of election or election authority personnel
23conducting early voting, or a majority of either of these, have
24the power and authority to hear and determine the legality of
25an early voting ballot.
26(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
feedback