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| Public Act 096-0317 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 4-10, 4-105, 5-9, 5-105, 6-37, 6-105, 17-10, 18-5, and | ||||
19A-35 as follows:
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(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
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Sec. 4-10.
Except as herein provided, no person shall be | ||||
registered,
unless he applies in person to a registration | ||||
officer, answers such
relevant questions as may be asked of him | ||||
by the registration officer,
and executes the affidavit of | ||||
registration. The registration officer shall
require the | ||||
applicant to furnish two forms of identification, and except in | ||||
the
case of a homeless individual, one of which must include | ||||
his or her residence
address. These forms of identification | ||||
shall include, but not be limited to,
any of the following: | ||||
driver's license, social security card, public aid
| ||||
identification card, utility bill, employee or student | ||||
identification card,
lease or contract for a residence, credit | ||||
card, or a civic, union or professional association membership | ||||
card.
The registration officer shall require a homeless | ||||
individual to furnish
evidence of his or her use of the mailing | ||||
address stated. This use may be
demonstrated by a piece of mail | ||||
addressed to that individual and received at
that address or by | ||
a statement from a person authorizing use of the mailing
| ||
address. The registration officer shall require each applicant | ||
for
registration to read or have read to him the affidavit of | ||
registration
before permitting him to execute the affidavit.
| ||
One of the registration officers or a deputy registration | ||
officer,
county clerk, or clerk in the office of the county | ||
clerk, shall
administer to all persons who shall personally | ||
apply to register the
following oath or affirmation:
| ||
"You do solemnly swear (or affirm) that you will fully and | ||
truly
answer all such questions as shall be put to you touching | ||
your name,
place of residence, place of birth, your | ||
qualifications as an elector
and your right as such to register | ||
and vote under the laws of the State
of Illinois."
| ||
The registration officer shall satisfy himself that each | ||
applicant
for registration is qualified to register before | ||
registering him. If the
registration officer has reason to | ||
believe that the applicant is a resident
of a Soldiers' and | ||
Sailors' Home or any facility which is licensed or certified
| ||
pursuant to the Nursing Home Care Act, the following question | ||
shall be put,
"When you entered the home which is your present | ||
address, was it your bona
fide intention to become a resident | ||
thereof?" Any voter of a township, city,
village or | ||
incorporated town in which such applicant resides, shall be
| ||
permitted to be present at the place of any precinct | ||
registration and shall
have the right to challenge any | ||
applicant who applies to be registered.
| ||
In case the officer is not satisfied that the applicant is | ||
qualified
he shall forthwith notify such applicant in writing | ||
to appear before the
county clerk to complete his registration. | ||
Upon the card of such
applicant shall be written the word | ||
"incomplete" and no such applicant
shall be permitted to vote | ||
unless such registration is satisfactorily
completed as | ||
hereinafter provided. No registration shall be taken and
marked | ||
as incomplete if information to complete it can be furnished on
| ||
the date of the original application.
| ||
Any person claiming to be an elector in any election | ||
precinct and
whose registration card is marked "Incomplete" may | ||
make and sign an
application in writing, under oath, to the | ||
county clerk in substance in
the following form:
| ||
"I do solemnly swear that I, ...., did on (insert date) | ||
make
application to the board of registry of the .... precinct | ||
of the township of
.... (or to the county clerk of .... county) | ||
and that said board or clerk
refused to complete my | ||
registration as a qualified voter in said
precinct. That I | ||
reside in said precinct, that I intend to reside in said
| ||
precinct, and am a duly qualified voter of said precinct and am | ||
entitled to be
registered to vote in said precinct at the next | ||
election.
| ||
(Signature of applicant) ............................."
| ||
All such applications shall be presented to the county | ||
clerk or to
his duly authorized representative by the | ||
applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||
p.m. on any day after the days on
which the 1969 and 1970 | ||
precinct re-registrations are held but not on
any day within 27 | ||
days preceding the ensuing general election and
thereafter for | ||
the registration provided in Section 4-7 all such
applications | ||
shall be presented to the county clerk or his duly
authorized | ||
representative by the applicant in person between the hours
of | ||
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||
the
ensuing general election. Such application shall be heard | ||
by the county
clerk or his duly authorized representative at | ||
the time the application
is presented. If the applicant for | ||
registration has registered with the
county clerk, such | ||
application may be presented to and heard by the
county clerk | ||
or by his duly authorized representative upon the dates
| ||
specified above or at any time prior thereto designated by the | ||
county clerk.
| ||
Any otherwise qualified person who is absent from his | ||
county of
residence either due to business of the United States | ||
or because he is
temporarily outside the territorial limits of | ||
the United States may
become registered by mailing an | ||
application to the county clerk within
the periods of | ||
registration provided for in this Article, or by simultaneous
| ||
application for absentee registration and absentee ballot as | ||
provided in
Article 20 of this Code.
| ||
Upon receipt of such application the county clerk shall | ||
immediately
mail an affidavit of registration in duplicate, | ||
which affidavit shall
contain the following and such other | ||
information as the State Board of
Elections may think it proper | ||
to require for the identification of the
applicant:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue or | ||
other
location of the dwelling, and such additional clear and | ||
definite
description as may be necessary to determine the exact | ||
location of the
dwelling of the applicant. Where the location | ||
cannot be determined by
street and number, then the Section, | ||
congressional township and range
number may be used, or such | ||
other information as may be necessary,
including post office | ||
mailing address.
| ||
Term of residence in the State of Illinois and the | ||
precinct.
| ||
Nativity. The State or country in which the applicant was | ||
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place and date of | ||
naturalization.
| ||
Age. Date of birth, by month, day and year.
| ||
Out of State address of ..........................
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of ...........)
| ||
)ss
| ||
County of ..........)
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the day of the next election I shall | ||
have resided in the State
of Illinois and in the election | ||
precinct 30 days; that I am
fully qualified to vote, that I am | ||
not registered to vote anywhere else
in the United States, that | ||
I intend to remain a resident of the State of
Illinois and of | ||
the election precinct, that I intend to return to the State
of | ||
Illinois, and that the above statements are true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me, an officer qualified to | ||
administer
oaths, on (insert date).
| ||
........................................
| ||
Signature of officer administering oath.
| ||
Upon receipt of the executed duplicate affidavit of | ||
Registration, the
county clerk shall transfer the information | ||
contained thereon to
duplicate Registration Cards provided for | ||
in Section 4-8 of this Article
and shall attach thereto a copy | ||
of each of the duplicate affidavit of
registration and | ||
thereafter such registration card and affidavit shall
| ||
constitute the registration of such person the same as if he | ||
had applied
for registration in person.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
| ||
(10 ILCS 5/4-105)
| ||
Sec. 4-105. First time voting. A person must vote for the | ||
first time in person and not by a mailed absentee ballot if the | ||
person registered to vote by mail, unless the person first | ||
provides the appropriate election authority with sufficient | ||
proof of identity and the election authority verifies the | ||
person's proof of identity. Sufficient proof of identity shall | ||
be demonstrated by submission of the person's driver's license | ||
number or State identification card number or, if the person | ||
does not have either of those, verification by the last 4 | ||
digits of the person's social security number, a copy of a | ||
current and valid photo identification, or a copy of a current | ||
utility bill, bank statement, paycheck, government check, or | ||
other federal, State, or local government document that shows | ||
the person's name and address. A person may also demonstrate | ||
sufficient proof of identity by submission of a photo | ||
identification issued by a college or university accompanied by | ||
either a copy of the applicant's contract or lease for a | ||
residence or any postmarked mail delivered to the applicant at | ||
his or her current residence address. Persons who apply to | ||
register to vote by mail but provide inadequate proof of | ||
identity to the election authority shall be notified by the | ||
election authority that the registration has not been fully | ||
completed and that the person remains ineligible to vote by | ||
mail or in person until such proof is presented.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| ||
Sec. 5-9.
Except as herein provided, no person shall be | ||
registered
unless he applies in person to registration officer, | ||
answers such
relevant questions as may be asked of him by the | ||
registration officer,
and executes the affidavit of | ||
registration. The registration officer shall
require the | ||
applicant to furnish two forms of identification, and except in | ||
the
case of a homeless individual, one of which must include | ||
his or her residence
address. These forms of identification | ||
shall include, but not be limited to,
any of the following: | ||
driver's license, social security card, public aid
| ||
identification card, utility bill, employee or student | ||
identification card,
lease or contract for a residence, credit | ||
card, or a civic, union or professional association membership | ||
card.
The registration officer shall require a homeless | ||
individual to furnish
evidence of his or her use of the mailing | ||
address stated. This use may be
demonstrated by a piece of mail | ||
addressed to that individual and received at
that address or by | ||
a statement from a person authorizing use of the mailing
| ||
address. The registration officer shall require each applicant | ||
for registration
to read or have read to him the affidavit of | ||
registration before permitting him
to execute the affidavit.
| ||
One of the Deputy Registrars, the Judge of Registration, or | ||
an
Officer of Registration, County Clerk, or clerk in the | ||
office of the
County Clerk, shall administer to all persons who | ||
shall personally apply
to register the following oath or | ||
affirmation:
| ||
"You do solemnly swear (or affirm) that you will fully and | ||
truly
answer all such questions as shall be put to you touching | ||
your place of
residence, name, place of birth, your | ||
qualifications as an elector and
your right as such to register | ||
and vote under the laws of the State of
Illinois."
| ||
The Registration Officer shall satisfy himself that each | ||
applicant
for registration is qualified to register before | ||
registering him. If the
registration officer has reason to | ||
believe that the applicant is a resident
of a Soldiers' and | ||
Sailors' Home or any facility which is licensed or certified
| ||
pursuant to the Nursing Home Care Act, the following question | ||
shall be put,
"When you entered the home which is your present | ||
address, was it your bona fide
intention to become a resident | ||
thereof?" Any voter of a township, city,
village or | ||
incorporated town in which such applicant resides, shall be
| ||
permitted to be present at the place of precinct registration, | ||
and shall have
the right to challenge any applicant who applies | ||
to be registered.
| ||
In case the officer is not satisfied that the applicant is | ||
qualified,
he shall forthwith in writing notify such applicant | ||
to appear before the
County Clerk to furnish further proof of | ||
his qualifications. Upon the
card of such applicant shall be | ||
written the word "Incomplete" and no
such applicant shall be | ||
permitted to vote unless such registration is
satisfactorily | ||
completed as hereinafter provided. No registration shall
be | ||
taken and marked as "incomplete" if information to complete it | ||
can be
furnished on the date of the original application.
| ||
Any person claiming to be an elector in any election | ||
precinct in such
township, city, village or incorporated town | ||
and whose registration is
marked "Incomplete" may make and sign | ||
an application in writing, under
oath, to the County Clerk in | ||
substance in the following form:
| ||
"I do solemnly swear that I, .........., did on (insert | ||
date) make application to the Board of Registry of the ........
| ||
precinct of ........ ward of the City of .... or of the | ||
......... District
......... Town of .......... (or to the | ||
County Clerk of .............) and
............ County; that | ||
said Board or Clerk refused to complete my
registration as a | ||
qualified voter in said precinct, that I reside in said
| ||
precinct (or that I intend to reside in said precinct), am a | ||
duly qualified
voter and entitled to vote in said precinct at | ||
the next election.
| ||
...........................
| ||
(Signature of Applicant)"
| ||
All such applications shall be presented to the County | ||
Clerk by the
applicant, in person between the hours of nine | ||
o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||
the third week subsequent to
the weeks in which the 1961 and | ||
1962 precinct re-registrations are to be
held, and thereafter | ||
for the registration provided in Section 5-17 of
this Article, | ||
all such applications shall be presented to the County
Clerk by | ||
the applicant in person between the hours of nine o'clock a.m.
| ||
and nine o'clock p.m. on Monday and Tuesday of the third week
| ||
prior to the date on which such election is to be held.
| ||
Any otherwise qualified person who is absent from his | ||
county of
residence either due to business of the United States | ||
or because he is
temporarily outside the territorial limits of | ||
the United States may
become registered by mailing an | ||
application to the county clerk within
the periods of | ||
registration provided for in this Article or by simultaneous
| ||
application for absentee registration and absentee ballot as | ||
provided in
Article 20 of this Code.
| ||
Upon receipt of such application the county clerk shall | ||
immediately
mail an affidavit of registration in duplicate, | ||
which affidavit shall
contain the following and such other | ||
information as the State Board of
Elections may think it proper | ||
to require for the identification of the
applicant:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue or | ||
other
location of the dwelling, and such additional clear and | ||
definite
description as may be necessary to determine the exact | ||
location of the
dwelling of the applicant. Where the location | ||
cannot be determined by
street and number, then the Section, | ||
congressional township and range
number may be used, or such | ||
other information as may be necessary,
including post office | ||
mailing address.
| ||
Term of residence in the State of Illinois and the | ||
precinct.
| ||
Nativity. The State or country in which the applicant was | ||
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place and date of | ||
naturalization.
| ||
Age. Date of birth, by month, day and year.
| ||
Out of State address of ..........................
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of .........)
| ||
)ss
| ||
County of ........)
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the day of the next election I shall | ||
have resided in the State
of Illinois for 6 months and in the | ||
election precinct 30 days; that I am
fully qualified to vote, | ||
that I am not registered to vote anywhere else
in the United | ||
States, that I intend to remain a resident of the State of
| ||
Illinois and of the election precinct, that I intend to return | ||
to the State
of Illinois, and that the above statements are | ||
true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me, an officer qualified to | ||
administer
oaths, on (insert date).
| ||
........................................
| ||
Signature of officer administering oath.
| ||
Upon receipt of the executed duplicate affidavit of | ||
Registration, the
county clerk shall transfer the information | ||
contained thereon to
duplicate Registration Cards provided for | ||
in Section 5-7 of this Article
and shall attach thereto a copy | ||
of each of the duplicate affidavit of
registration and | ||
thereafter such registration card and affidavit shall
| ||
constitute the registration of such person the same as if he | ||
had applied
for registration in person.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(10 ILCS 5/5-105)
| ||
Sec. 5-105. First time voting. A person must vote for the | ||
first time in person and not by a mailed absentee ballot if the | ||
person registered to vote by mail, unless the person first | ||
provides the appropriate election authority with sufficient | ||
proof of identity and the election authority verifies the | ||
person's proof of identity. Sufficient proof of identity shall | ||
be demonstrated by submission of the person's driver's license | ||
number or State identification card number or, if the person | ||
does not have either of those, verification by the last 4 | ||
digits of the person's social security number, a copy of a | ||
current and valid photo identification, or a copy of a current | ||
utility bill, bank statement, paycheck, government check, or | ||
other federal, State, or local government document that shows | ||
the person's name and address. A person may also demonstrate | ||
sufficient proof of identity by submission of a photo | ||
identification issued by a college or university accompanied by | ||
either a copy of the applicant's contract or lease for a | ||
residence or any postmarked mail delivered to the applicant at | ||
his or her current residence address. Persons who apply to | ||
register to vote by mail but provide inadequate proof of | ||
identity to the election authority shall be notified by the | ||
election authority that the registration has not been fully | ||
completed and that the person remains ineligible to vote by | ||
mail or in person until such proof is presented.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
| ||
Sec. 6-37.
Except as otherwise provided for in Section 6-29 | ||
of this
Article, no person shall be registered unless he | ||
applies in person to a
registration officer, answers such | ||
relevant questions as may be asked of
him by the registration | ||
officer, and executes the affidavit of registration.
The | ||
registration officer shall require the applicant to furnish
two | ||
forms of identification, and except in the case of a homeless | ||
individual,
one of which must include his or her residence | ||
address. These forms of
identification shall include, but not | ||
be limited to, any of the following:
driver's license, social | ||
security card, public aid identification card, utility
bill, | ||
employee or student identification card, lease or contract for | ||
a residence, credit card, or a civic,
union or professional | ||
association membership card. The registration
officer shall | ||
require a homeless individual to furnish evidence of his or
her | ||
use of the mailing address stated. This use may be demonstrated | ||
by a
piece of mail addressed to that individual and received at | ||
that address or
by a statement from a person authorizing use of | ||
the mailing address. The
registration officer shall require | ||
each applicant for registration to read or
have read to him the | ||
affidavit of registration before permitting him to execute
the | ||
affidavit.
| ||
The registration officer shall satisfy himself that each | ||
applicant for
registration is qualified to register before | ||
registering him. Any voter of
the ward, village or incorporated | ||
town in which such applicant resides,
shall be permitted to be | ||
present at the place of registration, and shall
have the right | ||
to challenge any applicant who applies to be registered.
| ||
In case the officer is not satisfied that the applicant is | ||
qualified he
shall forthwith in writing notify such applicant | ||
to appear before the board
of election commissioners to furnish | ||
further proof of his qualification.
Upon the card of such | ||
applicant shall be written the word "incomplete" and
no such | ||
applicant shall be permitted to vote unless such registration | ||
is
satisfactorily completed as hereinafter provided.
| ||
Any person claiming to be an elector in any election | ||
precinct in such
city, village or incorporated town and whose | ||
registration is marked
"incomplete" may make and sign an | ||
application in writing, under oath, to
the board of election | ||
commissioners in substance in the following form:
| ||
"I do solemnly swear that I,.... did on .... make | ||
application to the
board of registry of the .... precinct of | ||
.... ward of the city of ....(or
to the board of election | ||
commissioners of ....) and that said board refused
to complete | ||
my registration as a qualified voter in said precinct, that I
| ||
reside in said precinct, am a duly qualified voter and entitled | ||
to vote in
said precinct at the next election.
| ||
....(Signature of Applicant)"
| ||
In all cities, villages or incorporated towns having a | ||
population of
less than 200,000 all such applications shall be | ||
presented to the board of
election commissioners by the | ||
applicant, in person, between the hours of
nine o'clock a.m., | ||
and five o'clock p.m. on Tuesday or Wednesday of the
second | ||
week prior to the week in which such election is to be held, | ||
and in
all municipalities having a population of more than | ||
200,000 and having a
board of election commissioners and in all | ||
cities, villages and
incorporated towns within the | ||
jurisdiction of such board, all such
applications shall be | ||
presented to the board of election commissioners by
the | ||
applicant, in person between the hours of nine o'clock a.m. and | ||
five
o'clock p.m., on Monday and Tuesday of the third week | ||
prior to the week in
which such election is to be held.
| ||
(Source: P.A. 87-1241.)
| ||
(10 ILCS 5/6-105)
| ||
Sec. 6-105. First time voting. A person must vote for the | ||
first time in person and not by a mailed absentee ballot if the | ||
person registered to vote by mail, unless the person first | ||
provides the appropriate election authority with sufficient | ||
proof of identity and the election authority verifies the | ||
person's proof of identity. Sufficient proof of identity shall | ||
be demonstrated by submission of the person's driver's license | ||
number or State identification card number or, if the person | ||
does not have either of those, verification by the last 4 | ||
digits of the person's social security number, a copy of a | ||
current and valid photo identification, or a copy of a current | ||
utility bill, bank statement, paycheck, government check, or | ||
other federal, State, or local government document that shows | ||
the person's name and address. A person may also demonstrate | ||
sufficient proof of identity by submission of a photo | ||
identification issued by a college or university accompanied by | ||
either a copy of the applicant's contract or lease for a | ||
residence or any postmarked mail delivered to the applicant at | ||
his or her current residence address. Persons who apply to | ||
register to vote by mail but provide inadequate proof of | ||
identity to the election authority shall be notified by the | ||
election authority that the registration has not been fully | ||
completed and that the person remains ineligible to vote by | ||
mail or in person until such proof is presented.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
| ||
Sec. 17-10.
(a) Whenever, at any election, in any precinct, | ||
any
person offering to vote is not personally known to the | ||
judges of
election to have the qualifications required in this | ||
Act, if his vote is
challenged by a legal voter at such | ||
election, he or she shall make and
subscribe an affidavit, in | ||
the following form, which shall be retained
by the judges of | ||
election, and returned by them affixed to the poll
books or | ||
with the official poll record:
| ||
State of Illinois)
| ||
)ss.
| ||
County of .......)
| ||
I, ...., do solemnly swear (or affirm) that I am a citizen | ||
of the
United States; that I am 18 years of age or over; that I | ||
have resided in this
State and in this election district 30 | ||
days next preceding this
election; that I have not voted at | ||
this election; that I am a duly
qualified voter in every | ||
respect; that I now reside at (here give the
particular house | ||
or place of residence, and, if in a town or city, the
street | ||
and number), in this election district; *1. that I registered | ||
to
vote from said address; *2. that I changed my residence to | ||
the above
address from ...., both of which are in this election | ||
district; *3.
that I changed my name from .... to that which I | ||
have signed below; *4. that
I have not changed my residence but | ||
my address has changed as a result of
implementation of a 9-1-1 | ||
emergency telephone system.
| ||
So help me God, (or "This I do solemnly and sincerely | ||
affirm", as the
case may be).
| ||
.........................
| ||
Subscribed and sworn to before me on (insert date).
| ||
.........................
| ||
*1. If registration is not required, draw a line through 1 | ||
above.
| ||
*2. Fill in the blank ONLY if you have moved within 2 | ||
years.
| ||
*3. Fill in the blank ONLY if you have changed your name | ||
within 2 years.
| ||
*4. Fill in the blank ONLY if you have not changed your | ||
residence but your
address has changed as a result of | ||
implementation of a 9-1-1 emergency
telephone system.
| ||
In addition to such an affidavit, the person so challenged | ||
shall
provide to the judges of election proof of residence by | ||
producing
two 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 | ||
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 either of the | ||
judges of
election, or by any officer, resident in the precinct | ||
or district,
authorized by law to administer oaths.
| ||
(b) Whenever, at any regular or special election, in any | ||
precinct, district,
city, village, incorporated town, town or | ||
ward, any person offering to vote
has moved therefrom within 30 | ||
days prior to said regular or special election,
he shall make | ||
and subscribe an affidavit, in the following form, which shall
| ||
be supported by
providing to the judges of election proof of | ||
residence by producing
two forms of identification showing the | ||
person's current residence address,
provided that such | ||
identification may include 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 by
one affidavit of a registered voter in the | ||
precinct, as provided
herein, both of which shall be retained | ||
by the judges of election, and
returned by them affixed to the | ||
poll books or with the official poll record:
| ||
State of Illinois)
| ||
)ss.
| ||
County of .......)
| ||
I, ........., do solemnly swear (or affirm) that I am a | ||
citizen of the
United States; that I am 18 years of age; that I | ||
have not
voted at this election; that prior to 30 days | ||
preceding this election I
was a duly qualified and registered | ||
voter in every respect in this election
district; that I have | ||
recently moved from (here give the particular house
or place of | ||
residence, and, if in a town or city, the street and number),
| ||
in this election district; that I now reside at (here give the | ||
particular
house or place of residence, and, if in a town or | ||
city, the street and number),
in another election district in | ||
the State.
| ||
So help me God, (or "This I do solemnly and sincerely | ||
affirm", as the
case may be).
| ||
......................
| ||
Subscribed and sworn to before me on (insert date).
| ||
......................
| ||
State of Illinois)
| ||
)ss.
| ||
County of .......)
| ||
......... Precinct ........ Ward
| ||
I, ........, do solemnly swear (or affirm), that I am a | ||
resident of this
precinct and entitled to vote at this | ||
election; that I am acquainted with
.... (name of the | ||
applicant); that I verily believe him to have been an
actual | ||
bona fide resident and registered voter of this precinct and | ||
that
he maintained a legal residence therein, 30 days next | ||
preceding this election.
| ||
....................
| ||
Subscribed and sworn to before me on (insert date).
| ||
....................
| ||
Judge of Election.
| ||
The oath may be administered by either of the judges of | ||
election, or by
any officer, resident in the precinct or | ||
district, authorized by law to
administer oaths.
| ||
(c) 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. | ||
(Source: P.A. 90-664, eff. 7-30-98; 91-357, eff. 7-29-99.)
| ||
(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, shall then
be questioned by one of the judges as to | ||
his nativity, his term of
residence at present address, | ||
precinct, 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, absentee, 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, absentee,
or early | ||
ballot shall not be permitted to vote in the precinct, except | ||
that a voter to whom an absentee ballot was issued may vote in | ||
the precinct if the voter submits to the election judges that | ||
absentee ballot for cancellation. If the voter is unable to | ||
submit the absentee ballot, it shall be sufficient for the | ||
voter to submit to the election judges (i) a portion of the | ||
absentee ballot if the absentee ballot was torn or mutilated or | ||
(ii) an affidavit executed before the election judges | ||
specifying that (A) the voter never received an absentee ballot | ||
or (B) the voter completed and returned an absentee ballot and | ||
was informed that the election authority did not receive that | ||
absentee ballot.
If such person
so registered shall be | ||
challenged as disqualified, the party challenging
shall assign | ||
his reasons therefor, and 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 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 | ||
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 | ||
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
| ||
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 | ||
Section.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||
95-699, eff. 11-9-07.)
| ||
(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) the identity
of the applicant, (ii) that the | ||
applicant is a registered voter, (iii) the
precinct in which | ||
the applicant is registered, 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 applicant's identity must be verified by the | ||
applicant's presentation of an Illinois driver's license, a | ||
non-driver identification card issued by the Illinois | ||
Secretary of State, a photo identification card issued by a | ||
university or college, or another government-issued | ||
identification document containing the applicant's photograph. | ||
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 an | ||
absentee ballot was issued may vote early if the person submits | ||
that absentee ballot to the judges of election or official | ||
conducting early voting for cancellation. If the voter is | ||
unable to submit the absentee ballot, it shall be sufficient | ||
for the voter to submit to the judges or official (i) a portion | ||
of the absentee ballot if the absentee ballot was torn or | ||
mutilated or (ii) an affidavit executed before the judges or | ||
official specifying that (A) the voter never received an | ||
absentee ballot or (B) the voter completed and returned an | ||
absentee ballot and was informed that the election authority | ||
did not receive that absentee 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 | ||
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. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||
95-699, eff. 11-9-07.) | ||