|
|
||||
| Public Act 093-1071 |
||||
| ||||
| ||||
AN ACT in relation to 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 adding Section | ||||
1A-25 and changing Section 18A-5 as follows: | ||||
(10 ILCS 5/1A-25 new) | ||||
Sec. 1A-25. Centralized statewide voter registration list. | ||||
The centralized statewide voter registration list required by | ||||
Title III, Subtitle A, Section 303 of the Help America Vote Act | ||||
of 2002 shall be created and maintained by the State Board of | ||||
Elections as provided in this Section. | ||||
(1) The centralized statewide voter registration list | ||||
shall be compiled from the voter registration data bases of | ||||
each election authority in this State.
| ||||
(2) All new voter registration forms and applications | ||||
to register to vote shall be transmitted to the appropriate | ||||
election authority. The election authority shall process | ||||
and verify each voter registration form and electronically | ||||
enter verified registrations on an expedited basis onto the | ||||
statewide voter registration list. All original | ||||
registration cards shall remain permanently in the office | ||||
of the election authority as required by Sections 4-20, | ||||
5-28, and 6-65.
| ||||
(3) The centralized statewide voter registration list | ||||
shall:
| ||||
(i) Be designed to allow election authorities to | ||||
utilize the registration data on the statewide voter | ||||
registration list pertinent to voters registered in | ||||
their election jurisdiction on locally maintained | ||||
software programs that are unique to each | ||||
jurisdiction.
| ||||
(ii) Allow each election authority to perform | ||||
essential election management functions, including but | ||
not limited to production of voter lists, processing of | ||
absentee voters, production of individual, pre-printed | ||
applications to vote, administration of election | ||
judges, and polling place administration, but shall | ||
not prevent any election authority from using | ||
information from that election authority's own | ||
systems.
| ||
(4) The registration information maintained by each | ||
election authority shall at all times be synchronized with | ||
that authority's information on the statewide list on a | ||
constant, real-time basis.
| ||
To protect the privacy and confidentiality of voter | ||
registration information, the disclosure of any portion of the | ||
centralized statewide voter registration list to any person or | ||
entity other than to a State or local political committee and | ||
other than to a governmental entity for a governmental purpose | ||
is specifically prohibited.
| ||
(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, whether a list of active or | ||
inactive voters, for the precinct in which
the person seeks | ||
to vote. 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; or
| ||
(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.
| ||
(b) The procedure for obtaining and casting a provisional | ||
ballot at the
polling place
shall be as follows:
| ||
(1) 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.
| ||
(2) The person shall execute a written form provided by | ||
the
election judge that shall state or contain all of the | ||
following:
| ||
(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 Driver's License Number ....... Last | ||
4 digits of Social
Security
Number ...... or State | ||
Identification Card
Number.
| ||
(ii) Written instruction stating the following:
| ||
In order to expedite the verification of your voter | ||
registration
status, the .... (insert name of county | ||
clerk of board of election
commissioners here) | ||
requests that you include your phone number and
both | ||
the last four digits of your social security number and | ||
your driver's
license number or State Identification | ||
Card Number
issued to you by the Secretary of State.
At | ||
minimum, you are required to include either (A) your | ||
driver's license
number or State Identification Card | ||
Number
issued to you by the Secretary of State
or (B) | ||
the last
4 digits of your social security number.
| ||
(iii) A box for the election judge to check one of the | ||
3 reasons why the
person was given a provisional ballot | ||
under subsection (a) of Section 18A-5.
| ||
(iv) 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 | ||
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. 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 | ||
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. 93-574, eff. 8-21-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||