[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_HB1680
LRB9102308MWgc
1 AN ACT in relation to voter registration, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Freedom of Information Act is amended by
6 changing Section 7 as follows:
7 (5 ILCS 140/7) (from Ch. 116, par. 207)
8 Sec. 7. Exemptions.
9 (1) The following shall be exempt from inspection and
10 copying:
11 (a) Information specifically prohibited from
12 disclosure by federal or State law or rules and
13 regulations adopted under federal or State law.
14 (b) Information that, if disclosed, would
15 constitute a clearly unwarranted invasion of personal
16 privacy, unless the disclosure is consented to in writing
17 by the individual subjects of the information. The
18 disclosure of information that bears on the public duties
19 of public employees and officials shall not be considered
20 an invasion of personal privacy. Information exempted
21 under this subsection (b) shall include but is not
22 limited to:
23 (i) files and personal information maintained
24 with respect to clients, patients, residents,
25 students or other individuals receiving social,
26 medical, educational, vocational, financial,
27 supervisory or custodial care or services directly
28 or indirectly from federal agencies or public
29 bodies;
30 (ii) personnel files and personal information
31 maintained with respect to employees, appointees or
-2- LRB9102308MWgc
1 elected officials of any public body or applicants
2 for those positions;
3 (iii) files and personal information
4 maintained with respect to any applicant, registrant
5 or licensee by any public body cooperating with or
6 engaged in professional or occupational
7 registration, licensure or discipline;
8 (iv) information required of any taxpayer in
9 connection with the assessment or collection of any
10 tax unless disclosure is otherwise required by State
11 statute; and
12 (v) information revealing the identity of
13 persons who file complaints with or provide
14 information to administrative, investigative, law
15 enforcement or penal agencies; provided, however,
16 that identification of witnesses to traffic
17 accidents, traffic accident reports, and rescue
18 reports may be provided by agencies of local
19 government, except in a case for which a criminal
20 investigation is ongoing, without constituting a
21 clearly unwarranted per se invasion of personal
22 privacy under this subsection.
23 (c) Records compiled by any public body for
24 administrative enforcement proceedings and any law
25 enforcement or correctional agency for law enforcement
26 purposes or for internal matters of a public body, but
27 only to the extent that disclosure would:
28 (i) interfere with pending or actually and
29 reasonably contemplated law enforcement proceedings
30 conducted by any law enforcement or correctional
31 agency;
32 (ii) interfere with pending administrative
33 enforcement proceedings conducted by any public
34 body;
-3- LRB9102308MWgc
1 (iii) deprive a person of a fair trial or an
2 impartial hearing;
3 (iv) unavoidably disclose the identity of a
4 confidential source or confidential information
5 furnished only by the confidential source;
6 (v) disclose unique or specialized
7 investigative techniques other than those generally
8 used and known or disclose internal documents of
9 correctional agencies related to detection,
10 observation or investigation of incidents of crime
11 or misconduct;
12 (vi) constitute an invasion of personal
13 privacy under subsection (b) of this Section;
14 (vii) endanger the life or physical safety of
15 law enforcement personnel or any other person; or
16 (viii) obstruct an ongoing criminal
17 investigation.
18 (d) Criminal history record information maintained
19 by State or local criminal justice agencies, except the
20 following which shall be open for public inspection and
21 copying:
22 (i) chronologically maintained arrest
23 information, such as traditional arrest logs or
24 blotters;
25 (ii) the name of a person in the custody of a
26 law enforcement agency and the charges for which
27 that person is being held;
28 (iii) court records that are public;
29 (iv) records that are otherwise available
30 under State or local law; or
31 (v) records in which the requesting party is
32 the individual identified, except as provided under
33 part (vii) of paragraph (c) of subsection (1) of
34 this Section.
-4- LRB9102308MWgc
1 "Criminal history record information" means data
2 identifiable to an individual and consisting of
3 descriptions or notations of arrests, detentions,
4 indictments, informations, pre-trial proceedings, trials,
5 or other formal events in the criminal justice system or
6 descriptions or notations of criminal charges (including
7 criminal violations of local municipal ordinances) and
8 the nature of any disposition arising therefrom,
9 including sentencing, court or correctional supervision,
10 rehabilitation and release. The term does not apply to
11 statistical records and reports in which individuals are
12 not identified and from which their identities are not
13 ascertainable, or to information that is for criminal
14 investigative or intelligence purposes.
15 (e) Records that relate to or affect the security
16 of correctional institutions and detention facilities.
17 (f) Preliminary drafts, notes, recommendations,
18 memoranda and other records in which opinions are
19 expressed, or policies or actions are formulated, except
20 that a specific record or relevant portion of a record
21 shall not be exempt when the record is publicly cited and
22 identified by the head of the public body. The exemption
23 provided in this paragraph (f) extends to all those
24 records of officers and agencies of the General Assembly
25 that pertain to the preparation of legislative documents.
26 (g) Trade secrets and commercial or financial
27 information obtained from a person or business where the
28 trade secrets or information are proprietary, privileged
29 or confidential, or where disclosure of the trade secrets
30 or information may cause competitive harm, including all
31 information determined to be confidential under Section
32 4002 of the Technology Advancement and Development Act.
33 Nothing contained in this paragraph (g) shall be
34 construed to prevent a person or business from consenting
-5- LRB9102308MWgc
1 to disclosure.
2 (h) Proposals and bids for any contract, grant, or
3 agreement, including information which if it were
4 disclosed would frustrate procurement or give an
5 advantage to any person proposing to enter into a
6 contractor agreement with the body, until an award or
7 final selection is made. Information prepared by or for
8 the body in preparation of a bid solicitation shall be
9 exempt until an award or final selection is made.
10 (i) Valuable formulae, designs, drawings and
11 research data obtained or produced by any public body
12 when disclosure could reasonably be expected to produce
13 private gain or public loss.
14 (j) Test questions, scoring keys and other
15 examination data used to administer an academic
16 examination or determined the qualifications of an
17 applicant for a license or employment.
18 (k) Architects' plans and engineers' technical
19 submissions for projects not constructed or developed in
20 whole or in part with public funds and for projects
21 constructed or developed with public funds, to the extent
22 that disclosure would compromise security.
23 (l) Library circulation and order records
24 identifying library users with specific materials.
25 (m) Minutes of meetings of public bodies closed to
26 the public as provided in the Open Meetings Act until the
27 public body makes the minutes available to the public
28 under Section 2.06 of the Open Meetings Act.
29 (n) Communications between a public body and an
30 attorney or auditor representing the public body that
31 would not be subject to discovery in litigation, and
32 materials prepared or compiled by or for a public body in
33 anticipation of a criminal, civil or administrative
34 proceeding upon the request of an attorney advising the
-6- LRB9102308MWgc
1 public body, and materials prepared or compiled with
2 respect to internal audits of public bodies.
3 (o) Information received by a primary or secondary
4 school, college or university under its procedures for
5 the evaluation of faculty members by their academic
6 peers.
7 (p) Administrative or technical information
8 associated with automated data processing operations,
9 including but not limited to software, operating
10 protocols, computer program abstracts, file layouts,
11 source listings, object modules, load modules, user
12 guides, documentation pertaining to all logical and
13 physical design of computerized systems, employee
14 manuals, and any other information that, if disclosed,
15 would jeopardize the security of the system or its data
16 or the security of materials exempt under this Section.
17 (q) Documents or materials relating to collective
18 negotiating matters between public bodies and their
19 employees or representatives, except that any final
20 contract or agreement shall be subject to inspection and
21 copying.
22 (r) Drafts, notes, recommendations and memoranda
23 pertaining to the financing and marketing transactions of
24 the public body. The records of ownership, registration,
25 transfer, and exchange of municipal debt obligations, and
26 of persons to whom payment with respect to these
27 obligations is made.
28 (s) The records, documents and information relating
29 to real estate purchase negotiations until those
30 negotiations have been completed or otherwise terminated.
31 With regard to a parcel involved in a pending or actually
32 and reasonably contemplated eminent domain proceeding
33 under Article VII of the Code of Civil Procedure,
34 records, documents and information relating to that
-7- LRB9102308MWgc
1 parcel shall be exempt except as may be allowed under
2 discovery rules adopted by the Illinois Supreme Court.
3 The records, documents and information relating to a real
4 estate sale shall be exempt until a sale is consummated.
5 (t) Any and all proprietary information and records
6 related to the operation of an intergovernmental risk
7 management association or self-insurance pool or jointly
8 self-administered health and accident cooperative or
9 pool.
10 (u) Information concerning a university's
11 adjudication of student or employee grievance or
12 disciplinary cases, to the extent that disclosure would
13 reveal the identity of the student or employee and
14 information concerning any public body's adjudication of
15 student or employee grievances or disciplinary cases,
16 except for the final outcome of the cases.
17 (v) Course materials or research materials used by
18 faculty members.
19 (w) Information related solely to the internal
20 personnel rules and practices of a public body.
21 (x) Information contained in or related to
22 examination, operating, or condition reports prepared by,
23 on behalf of, or for the use of a public body responsible
24 for the regulation or supervision of financial
25 institutions or insurance companies, unless disclosure is
26 otherwise required by State law.
27 (y) Information the disclosure of which is
28 restricted under Section 5-108 of the Public Utilities
29 Act.
30 (z) Manuals or instruction to staff that relate to
31 establishment or collection of liability for any State
32 tax or that relate to investigations by a public body to
33 determine violation of any criminal law.
34 (aa) Applications, related documents, and medical
-8- LRB9102308MWgc
1 records received by the Experimental Organ
2 Transplantation Procedures Board and any and all
3 documents or other records prepared by the Experimental
4 Organ Transplantation Procedures Board or its staff
5 relating to applications it has received.
6 (bb) Insurance or self insurance (including any
7 intergovernmental risk management association or self
8 insurance pool) claims, loss or risk management
9 information, records, data, advice or communications.
10 (cc) Information and records held by the Department
11 of Public Health and its authorized representatives
12 relating to known or suspected cases of sexually
13 transmissible disease or any information the disclosure
14 of which is restricted under the Illinois Sexually
15 Transmissible Disease Control Act.
16 (dd) Information the disclosure of which is
17 exempted under Section 30 of the Radon Industry Licensing
18 Act.
19 (ee) Firm performance evaluations under Section 55
20 of the Architectural, Engineering, and Land Surveying
21 Qualifications Based Selection Act.
22 (ff) Security portions of system safety program
23 plans, investigation reports, surveys, schedules, lists,
24 data, or information compiled, collected, or prepared by
25 or for the Regional Transportation Authority under
26 Section 2.11 of the Regional Transportation Authority Act
27 or the State of Missouri under the Bi-State Transit
28 Safety Act.
29 (gg) Information the disclosure of which is
30 restricted and exempted under Section 50 of the Illinois
31 Prepaid Tuition Act.
32 (hh) Information the disclosure of which is
33 exempted under Section 80 of the State Gift Ban Act.
34 (ii) Beginning July 1, 1999, (hh) information that
-9- LRB9102308MWgc
1 would disclose or might lead to the disclosure of secret
2 or confidential information, codes, algorithms, programs,
3 or private keys intended to be used to create electronic
4 or digital signatures under the Electronic Commerce
5 Security Act.
6 (jj) Computer-stored images of the signatures of
7 registered voters, except as provided by law.
8 (2) This Section does not authorize withholding of
9 information or limit the availability of records to the
10 public, except as stated in this Section or otherwise
11 provided in this Act.
12 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
13 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
14 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
15 Section 10. The Election Code is amended by changing
16 Sections 1-3, 1A-9, 4-1, 4-5, 4-6.1, 4-6.2, 4-8, 4-8.01,
17 4-8.03, 4-9, 4-10, 4-13, 4-15, 4-16, 4-18, 4-20, 4-22, 4-24,
18 4-24.1, 4-27, 4-30, 5-1, 5-6, 5-7, 5-7.01, 5-7.03, 5-8, 5-9,
19 5-10, 5-11, 5-12, 5-13, 5-14, 5-16, 5-16.1, 5-16.2, 5-19,
20 5-20, 5-21, 5-22, 5-23, 5-25, 5-28, 5-29, 5-36, 5-37.1, 6-24,
21 6-27, 6-28, 6-29, 6-35, 6-35.01, 6-35.03, 6-36, 6-37, 6-38,
22 6-39, 6-40, 6-41, 6-43, 6-45, 6-49, 6-50.1, 6-50.2, 6-52,
23 6-53, 6-54, 6-56, 6-57, 6-59, 6-60, 6-65, 6-66, 6A-4, 7-23,
24 7-43, 7-44, 7-45, 7-47, 7-47.1, 17-9, 17-10, 17-13, 18-1,
25 18-5, 18-15, 18-16, 20-13, and 20-13.1 and by adding Article
26 3A, and Sections 4-6.4, 4-20.1, 4-20.2, 5-16.4, 5-28.2,
27 5-28.3, 6-50.4, 6-65.1, and 6-65.2 as follows:
28 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
29 Sec. 1-3. As used in this Act, unless the context
30 otherwise requires:
31 1. "Election" includes the submission of all questions
32 of public policy, propositions, and all measures submitted to
-10- LRB9102308MWgc
1 popular vote, and includes primary elections when so
2 indicated by the context.
3 2. "Regular election" means the general, general
4 primary, consolidated and consolidated primary elections
5 regularly scheduled in Article 2A. The even numbered year
6 municipal primary established in Article 2A is a regular
7 election only with respect to those municipalities in which a
8 primary is required to be held on such date.
9 3. "Special election" means an election not regularly
10 recurring at fixed intervals, irrespective of whether it is
11 held at the same time and place and by the same election
12 officers as a regular election.
13 4. "General election" means the biennial election at
14 which members of the General Assembly are elected. "General
15 primary election", "consolidated election" and "consolidated
16 primary election" mean the respective elections or the
17 election dates designated and established in Article 2A of
18 this Code.
19 5. "Municipal election" means an election or primary,
20 either regular or special, in cities, villages, and
21 incorporated towns; and "municipality" means any such city,
22 village or incorporated town.
23 6. "Political or governmental subdivision" means any
24 unit of local government, or school district in which
25 elections are or may be held. "Political or governmental
26 subdivision" also includes, for election purposes, Regional
27 Boards of School Trustees, and Township Boards of School
28 Trustees.
29 7. The word "township" and the word "town" shall apply
30 interchangeably to the type of governmental organization
31 established in accordance with the provisions of the Township
32 Code. The term "incorporated town" shall mean a municipality
33 referred to as an incorporated town in the Illinois Municipal
34 Code, as now or hereafter amended.
-11- LRB9102308MWgc
1 8. "Election authority" means a county clerk or a Board
2 of Election Commissioners.
3 9. "Election Jurisdiction" means (a) an entire county,
4 in the case of a county in which no city board of election
5 commissioners is located or which is under the jurisdiction
6 of a county board of election commissioners; (b) the
7 territorial jurisdiction of a city board of election
8 commissioners; and (c) the territory in a county outside of
9 the jurisdiction of a city board of election commissioners.
10 In each instance election jurisdiction shall be determined
11 according to which election authority maintains the permanent
12 registration records of qualified electors.
13 10. "Local election official" means the clerk or
14 secretary of a unit of local government or school district,
15 as the case may be, the treasurer of a township board of
16 school trustees, and the regional superintendent of schools
17 with respect to the various school officer elections and
18 school referenda for which the regional superintendent is
19 assigned election duties by The School Code, as now or
20 hereafter amended.
21 11. "Judges of election", "primary judges" and similar
22 terms, as applied to cases where there are 2 sets of judges,
23 when used in connection with duties at an election during the
24 hours the polls are open, refer to the team of judges of
25 election on duty during such hours; and, when used with
26 reference to duties after the closing of the polls, refer to
27 the team of tally judges designated to count the vote after
28 the closing of the polls and the holdover judges designated
29 pursuant to Section 13-6.2 or 14-5.2. In such case, where,
30 after the closing of the polls, any act is required to be
31 performed by each of the judges of election, it shall be
32 performed by each of the tally judges and by each of the
33 holdover judges.
34 12. "Petition" of candidacy as used in Sections 7-10 and
-12- LRB9102308MWgc
1 7-10.1 shall consist of a statement of candidacy, candidate's
2 statement containing oath, and sheets containing signatures
3 of qualified primary electors bound together.
4 13. "Election district" and "precinct", when used with
5 reference to a 30-day residence requirement, means the
6 smallest constituent territory in which electors vote as a
7 unit at the same polling place in any election governed by
8 this Act.
9 14. "District" means any area which votes as a unit for
10 the election of any officer, other than the State or a unit
11 of local government or school district, and includes, but is
12 not limited to, legislative, congressional and judicial
13 districts, judicial circuits, county board districts,
14 municipal and sanitary district wards, school board
15 districts, and precincts.
16 15. "Question of public policy" or "public question"
17 means any question, proposition or measure submitted to the
18 voters at an election dealing with subject matter other than
19 the nomination or election of candidates and shall include,
20 but is not limited to, any bond or tax referendum, and
21 questions relating to the Constitution.
22 16. "Ordinance providing the form of government of a
23 municipality or county pursuant to Article VII of the
24 Constitution" includes ordinances, resolutions and petitions
25 adopted by referendum which provide for the form of
26 government, the officers or the manner of selection or terms
27 of office of officers of such municipality or county,
28 pursuant to the provisions of Sections 4, 6 or 7 of Article
29 VII of the Constitution.
30 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
31 6-60, and 6-66 shall include a computer tape or computer disc
32 or other electronic data processing information containing
33 voter information.
34 18. "Accessible" means accessible to handicapped and
-13- LRB9102308MWgc
1 elderly individuals for the purpose of voting or
2 registration, as determined by rule of the State Board of
3 Elections.
4 19. "Elderly" means 65 years of age or older.
5 20. "Handicapped" means having a temporary or permanent
6 physical disability.
7 21. "Leading political party" means one of the two
8 political parties whose candidates for governor at the most
9 recent three gubernatorial elections received either the
10 highest or second highest average number of votes. The
11 political party whose candidates for governor received the
12 highest average number of votes shall be known as the first
13 leading political party and the political party whose
14 candidates for governor received the second highest average
15 number of votes shall be known as the second leading
16 political party.
17 22. "Business day" means any day in which the office of
18 an election authority, local election official or the State
19 Board of Elections is open to the public for a minimum of 7
20 hours.
21 23. "Homeless individual" means any person who has a
22 nontraditional residence, including but not limited to, a
23 shelter, day shelter, park bench, street corner, or space
24 under a bridge.
25 24. "Chief State Election Official" as specified in
26 Section 10 of Public Law 103-31 means the Executive Director
27 of the State Board of Elections who shall be responsible for
28 the coordination of State responsibilities pursuant to Public
29 Law 103-31.
30 (Source: P.A. 90-358, eff. 1-1-98.)
31 (10 ILCS 5/1A-9) (from Ch. 46, par. 1A-9)
32 Sec. 1A-9. The State Board of Elections shall appoint an
33 executive director and an assistant executive director. The
-14- LRB9102308MWgc
1 executive director shall be the "Chief State Election
2 Official" as provided for in paragraph 24 of Section 1-3.
3 Subject to the provisions of the "Personnel Code", the annual
4 compensation of the executive director and assistant
5 executive director shall be determined by the Board.
6 The executive director and assistant executive director
7 may be removed from office at any time by a vote of at least
8 5 members of the Board. Upon any such removal a vacancy is
9 created which shall be filled as provided for the initial
10 appointments.
11 The Board, upon the affirmative vote of a majority of its
12 members, may from time to time contract with technical
13 consultants to assist it in the performance of its duties.
14 Such technical consultants shall be compensated only under
15 contracts which specify the duties to be performed and the
16 compensation therefor. Except as otherwise provided in this
17 Section, contracts with technical consultants, other than
18 hearing officers and attorneys representing the Board in
19 litigation, shall terminate no more than 60 days after the
20 commencement of the specified duties and may be extended once
21 for a period of no more than 30 days upon the affirmative
22 vote of a majority of the Board. The time limitations
23 imposed by this Section on contracts with technical
24 consultants shall not apply to a contract with a technical
25 consultant for the provision of electronic data processing
26 services in connection with the Board's performance of the
27 duties assigned to it pursuant to paragraph (11) of Section
28 1A-8 or in connection with the Board's performance of the
29 duties assigned to it pursuant to Sections 4-8, 5-7 and 6-35
30 concerning the furnishing of electronic data or compilations
31 containing voter registration information to state political
32 committees registered pursuant to the Illinois Campaign
33 Finance Act or the Federal Election Campaign Act. No
34 technical consultant, other than a hearing officer or an
-15- LRB9102308MWgc
1 attorney engaged to represent the Board in litigation, may be
2 compensated under more than one contract in any fiscal year.
3 (Source: P.A. 84-1026.)
4 (10 ILCS 5/ Art. 3A heading new)
5 Article 3A - Registration of Voters
6 (10 ILCS 5/3A-1 new)
7 Sec. 3A-1. Scope of Article. In addition to any other
8 method allowed by this Election Code, the following
9 procedures shall be used by all election authorities for the
10 registration of voters. The registration of any voter shall
11 not be canceled unless the cancellation is authorized by this
12 Article, and, where procedures for cancellation are
13 prescribed, by those procedures.
14 (10 ILCS 5/3A-2 new)
15 Sec. 3A-2. Meaning of voter registration. A voter is
16 registered to vote when he or she has completed an
17 application to register as a voter and such application has
18 been accepted and acknowledged by the election authority
19 having jurisdiction of the applicant's place of residence.
20 Voter registration constitutes a rebuttable presumption that
21 the applicant is qualified to vote in all elections governed
22 by the Illinois Election Code. Once a voter is registered
23 such presumption may be rebutted by showing, according to the
24 procedures set out in the Election Code, that (1) the
25 information supplied by the applicant concerning his or her
26 age, citizenship or Illinois residence is not factually
27 correct, either presently or at the time the application was
28 made, or (2) there exists a civil disability, such as
29 imprisonment for crime, which renders voter registration
30 ineffective as a matter of law.
-16- LRB9102308MWgc
1 (10 ILCS 5/3A-2.5 new)
2 Sec. 3A-2.5. Qualifications for registration. No person
3 shall be entitled to be registered in and from any precinct
4 unless such person shall by the date of the election next
5 following have resided in the State and within the precinct
6 30 days and be otherwise qualified to vote at such election.
7 Every applicant who shall be 18 years of age or over on the
8 day of the next election shall be permitted to register, if
9 otherwise qualified, and if he or she meets the residence
10 requirements of both Article 3 and this Article 3A.
11 (10 ILCS 5/3A-3 new)
12 Sec. 3A-3. Voter Registration Application form. The
13 State Board of Elections shall, in consultation with the
14 several election authorities and other interested State
15 agencies selected by the State Board of Elections, design and
16 promulgate a Voter Registration Application consistent with
17 the provisions of this Section for use throughout the State.
18 The Board shall prescribe the contents, form and
19 specifications, including but not limited to the weight of
20 paper, color and print of such cards. Instructions necessary
21 for completion of the forms shall be attached to those forms
22 designed for mailing. Each election authority in the State
23 shall make the Voter Registration Application available for
24 use by all Illinois residents within the territory of the
25 election authority, including those Illinois residents
26 transient and temporarily or permanently resident within the
27 territory.
28 The voter registration application shall require only
29 such identifying information and other information as is
30 necessary to enable the election authority to assess the
31 eligibility of the applicant and to administer voter
32 registration and other parts of the election process. This
33 shall include the following information:
-17- LRB9102308MWgc
1 Name. The name of the applicant, giving surname and
2 first name in full, and the middle name or the initial, if
3 any.
4 Sex.
5 Residence. The name and number of the street, avenue, or
6 other location of the dwelling, including the apartment, unit
7 or room number, if any, and in the case of a mobile home, the
8 lot number, and such additional clear and definite
9 description as may be necessary to determine the exact
10 location of the dwelling of the applicant. Where the
11 location cannot be determined by street and number, then the
12 section, congressional township and range number may be used,
13 or such other description as may be necessary, including
14 post-office mailing address. In the case of a homeless
15 individual, the individual's voting residence that is his or
16 her mailing address shall be included on his or her voter
17 registration application.
18 Date of application for registration, i.e., the day,
19 month and year when applicant signed the registration
20 application card.
21 Date of birth, by month, day and year.
22 The full address including county and state in which the
23 applicant was last registered.
24 The voter registration application shall include a
25 statement that (1) specifies each eligibility requirement
26 (including citizenship); (2) contains an attestation that the
27 applicant meets each such requirement; and (3) requires the
28 signature of the applicant, under penalty of perjury. This
29 signature shall be made in black or blue ink. In case the
30 applicant is unable to sign his name, he may affix his mark
31 to the affidavit. Notarization or other formal
32 authentication of the applicant's signature shall not be
33 required.
34 Space shall also be provided for the applicant's social
-18- LRB9102308MWgc
1 security number and for the applicant's complete telephone
2 number. Unless warranted, the social security number shall
3 not be disclosed to the general public or to persons other
4 than election authorities and State election officials.
5 Each applicant for registration shall make an affidavit
6 in substantially the following form:
7 AFFIDAVIT OF REGISTRATION
8 STATE OF ILLINOIS
9 COUNTY OF
10 I swear or affirm that
11 * I am a citizen of the United States of America.
12 * I will be at least 18 years old on or before the next
13 election.
14 * I will have lived in the State of Illinois and in my
15 election precinct 30 days as of the date of the next
16 election.
17 * All of the information contained on this application is
18 true.
19 I understand that if it is not true, I can be convicted and
20 fined up to $5,000 and/or jailed for 2 to 5 years.
21 * This is my signature or mark in the space below.
22 ( )
23 (His or her signature or mark)
24 Date:
25 Space shall be provided upon the back of each voter
26 registration application form for the notation of the voting
27 record of the person registered thereon.
28 Upon receipt by the election authority, each voter
29 registration application shall be numbered according to
30 precincts, and may be serially or otherwise marked for
31 identification in such manner as the Election Authority may
32 determine.
-19- LRB9102308MWgc
1 (10 ILCS 5/3A-4 new)
2 Sec. 3A-4. Use of the Voter Registration Application.
3 Every Illinois resident who is eligible to be registered to
4 vote may apply to register to vote, update previous
5 registration, or transfer registration by submitting a
6 completed Voter Registration Application or the registration
7 application form prescribed by the Federal Election
8 Commission pursuant to the National Voter Registration Act of
9 1993, Public Law 103-31, to the election authority which
10 provided the blank application, or the federal voter
11 registration application to the election authority which has
12 jurisdiction of the place where the applicant resides, either
13 in person or by mail. If the applicant is not a resident of
14 the jurisdiction of the election authority to which the Voter
15 Registration Application has been returned, that election
16 authority shall forward the Voter Registration Application to
17 the election authority having jurisdiction of the residence
18 of the applicant.
19 A voter registration application shall be deemed timely
20 filed if delivered or postmarked prior to the close of
21 registration unless otherwise provided in this Code. If no
22 postmark exists or if the postmark is illegible, the voter
23 registration application shall be considered as timely filed
24 if received in the office of the election authority no later
25 than 5 calendar days after the close of registration.
26 Applications not meeting these requirements shall be held in
27 the office of the election authority until the reopening of
28 registration.
29 Any person who applied to register by mail and not
30 through a deputy registrar or registration office authorized
31 under this Code and has not previously voted in the
32 jurisdiction shall vote in person in the office of the
33 election authority by absentee ballot or on election day at a
34 polling place designated by the election authority. This
-20- LRB9102308MWgc
1 requirement does not apply to persons (1) who are entitled to
2 vote by absentee ballot under the Uniformed and Overseas
3 Citizens Absentee Voting Act; (2) who are provided the right
4 to vote otherwise than in person pursuant to the Voting
5 Accessibility for the Elderly and Handicapped Act; and (3)
6 who are entitled to vote otherwise than in person under other
7 federal law.
8 Persons entitled under this Election Code to take or
9 accept voter registration application forms from applicants
10 may explain to applicants the registration eligibility
11 requirements under Illinois law as to age, citizenship, and
12 residency. Persons entitled under this Election Code to take
13 or accept voter registration application forms from
14 applicants shall notify appropriate election authorities of
15 any voter registration application forms known or suspected
16 by the person to be materially false, fictitious or
17 fraudulent or completed by ineligible applicants under the
18 laws of the State of Illinois.
19 (10 ILCS 5/3A-5 new)
20 Sec. 3A-5. Application taken by certain employees of
21 public service agencies. The following agencies in the State
22 are designated to offer and receive applications for voter
23 registration: all counties of the State not under township
24 organization; all townships of the State; the Illinois
25 Department of Human Services; the Illinois Department of
26 Public Aid; and the Illinois Department of Public Health.
27 Each agency so designated shall, through its employees or
28 contractors directly serving applicants for its services,
29 offer each applicant for certain services identifiable by the
30 agency by rule an opportunity to register to vote at the time
31 of application, recertification or renewal. The definition of
32 "applicant" for the purpose of this Section shall be
33 determined by the law governing the agency acting as a voter
-21- LRB9102308MWgc
1 registration agency, or as appropriate, by agency rule.
2 Services included under this Section shall be pursuant to
3 rule of the agency providing the service, or in the case of
4 townships or counties not under township organization, by
5 rule of the State Board of Elections.
6 Each agency so designated may use the Voter Registration
7 Application or may provide a form of its own supplied as part
8 of the process of application for those certain services
9 otherwise provided by the agency. If the agency so
10 designated employs its own voter registration application
11 form, the form must be identical in design, content, format,
12 printing, and paper stock to the Voter Registration
13 Application. In no case may an agency designed form bear any
14 distinguishing marks by which it may be determined that the
15 form originated with the agency that provided it.
16 At the time the applicant for services is offered an
17 opportunity to apply to register to vote the applicant shall
18 also be given a written explanation of his or her rights to
19 execute or decline to execute such an application, which
20 rights shall be identified by rule of the State Board of
21 Elections. Each applicant shall be provided the same degree
22 of assistance with regard to the completion of the
23 registration application form as is provided by the agency
24 with regard to the completion of its own forms, unless the
25 applicant refuses such assistance. Each agency offering
26 registration services under this Section shall keep
27 confidential records of the numbers of persons executing or
28 declining to execute voter registration applications, and
29 shall report those numbers pursuant to the rule of the State
30 Board of Elections.
31 If an applicant executes a voter registration application
32 form, it shall be forwarded by the agency in an envelope
33 which bears either the agency or the office of the State
34 Board of Elections as a return address to the election
-22- LRB9102308MWgc
1 authority of the place in which the applicant for service
2 resides. If the applicant is not a resident of the
3 jurisdiction of the election authority to which the voter
4 registration application has been returned, the election
5 authority shall forward the voter registration application to
6 the election authority having jurisdiction of the residence
7 of the applicant. The application shall be transmitted within
8 10 days of its execution, except that an application executed
9 within 5 days before the last date to register to vote before
10 the next election under the Election Code shall be
11 transmitted within 24 hours of its execution. If the
12 applicant declines to register to vote, the fact that he or
13 she has declined to register shall be a matter of confidence
14 between the applicant and the agency, and no identifying data
15 shall be admissible as evidence or discoverable in any action
16 or released to any outside party. No person discharging the
17 responsibilities described by this Section shall seek to
18 discourage an applicant from registering to vote; or to
19 influence the applicant in his or her choice of candidate,
20 attitude toward political issues, or political preference; or
21 imply that the applicant's decision concerning registration
22 will affect benefits or services provided by the agency.
23 (10 ILCS 5/3A-6 new)
24 Sec. 3A-6. Applications taken by certain employees of
25 the Secretary of State. The Illinois Secretary of State,
26 through the employees at each driver facility in the State,
27 shall offer to each person who applies for an initial or a
28 renewal driver's license, driver's permit, or Illinois
29 identification card an opportunity to execute a voter
30 registration application as part of the application for a
31 driver's license. If the applicant for a driver's license,
32 driver's permit, or Illinois identification card declines to
33 register to vote, the employee shall so note on the driver's
-23- LRB9102308MWgc
1 license application form or shall note the declination
2 otherwise in the records of the Secretary of State. If the
3 applicant executes the application to register to vote, the
4 Secretary of State shall forward the executed voter
5 application form to the election authority of the applicant's
6 place of residence.
7 The application shall be transmitted within 10 days of
8 its execution, except that an application executed within 5
9 days before the last date to register to vote before the next
10 election under the Election Code shall be transmitted within
11 24 hours of its execution. The voter registration
12 application form presented by the Secretary of State shall
13 conform to the design, content, format, printing, and paper
14 stock requirements of the Voter Registration Application.
15 The Secretary of State shall keep confidential records of
16 the numbers of persons executing or declining to execute
17 voter registration applications, and shall report those
18 numbers pursuant to the rule of the State Board of Elections.
19 No person discharging the responsibilities described by this
20 Section shall seek to discourage an applicant from
21 registering to vote, or to influence the applicant in his or
22 her choice of candidate, attitude toward political issues, or
23 political preference.
24 (10 ILCS 5/3A-7 new)
25 Sec. 3A-7. Disposition of Voter Registration
26 Application. When a voter registration application is
27 received by the election authority having jurisdiction of the
28 applicant's place of residence, the election authority may,
29 in accord with a non-discriminatory program for address
30 verification, send the applicant by means of the United
31 States Postal Service or commercial delivery service a
32 non-forwardable verification of name and address notice. If
33 the notice verifying name and address is not returned to the
-24- LRB9102308MWgc
1 election authority or if the election authority elects not to
2 send a verification form, the election authority, if all
3 other information on the application demonstrates that the
4 applicant is qualified to be an elector, shall enter the name
5 of the applicant among the registered voters of the
6 jurisdiction, and shall acknowledge the registration by
7 mailing to the applicant by non-forwardable mail a
8 Disposition of Registration, advising the applicant that his
9 or her voter registration is completed, and informing the
10 applicant of his or her polling place, together with such
11 information about the applicant's several electoral
12 districts, as the election authority deems appropriate. If
13 the non-forwardable verification of name and address notice
14 is returned as undeliverable, or if any other information on
15 the application demonstrates that the applicant is not
16 qualified to be an elector, the election authority shall send
17 the applicant by non-forwardable mail, to the address shown
18 on the application for voter registration, a Disposition of
19 Registration advising the applicant, as the case may be, that
20 he or she is not qualified to be an elector, or that his or
21 her voter registration is not complete and that the applicant
22 must reapply for voter registration before he or she can be
23 registered to vote. The content and design of the
24 Disposition of Registration shall be determined by the State
25 Board of Elections by rule.
26 (10 ILCS 5/3A-8 new)
27 Sec. 3A-8. Cancellation of voter registration. The
28 registration of a voter may be canceled and the name of such
29 person removed from among the registered voters of an
30 election jurisdiction upon the occurrence of one of the
31 following events.
32 (1) The voter requests his voter registration be
33 canceled. Registering to vote in another election
-25- LRB9102308MWgc
1 authority's jurisdiction or in another state will be deemed
2 to constitute a request to cancel all previous voter
3 registrations. The voter's written acknowledgment that he or
4 she is no longer a resident of the jurisdiction of an
5 election authority will be deemed a request to cancel the
6 voter's registration in that election authority.
7 (2) The voter is convicted of a crime for which a
8 sentence of imprisonment is imposed.
9 (3) The voter dies.
10 (4) The voter is convicted of any offense in which it is
11 proved that the voter has falsely stated, without regard to
12 mental state, his or her age, citizenship or residence upon
13 his or her voter registration application.
14 (5) It is finally determined in any civil or
15 administrative proceeding that the voter either is not now,
16 or was not at the time he or she made application for voter
17 registration, of lawful age to be a voter by the next
18 election, a citizen of the United States, or a resident of
19 Illinois.
20 (6) The voter fails to respond to a special or general
21 survey or inquiry made to confirm the addresses of registered
22 voters in the jurisdiction which requires the voter to
23 respond or suffer his or her voter registration to be
24 canceled, but provided that the voter's registration may not
25 be canceled under this subsection (6) unless the election
26 authority complies with the procedures identified in Section
27 3A-9 of this Article.
28 (10 ILCS 5/3A-9 new)
29 Sec. 3A-9. Reconfirmation of address. In addition to the
30 verification of name and address notice which the election
31 authority may in its discretion send to applicants for voter
32 registration at the time application is made, the election
33 authority, may from time to time, but not less frequently
-26- LRB9102308MWgc
1 than once in every 2 years, and in no case in less than 120
2 days before a general primary election or general election,
3 survey some or all of the voters in its jurisdiction to
4 confirm their addresses. If the election authority elects to
5 confirm the addresses of fewer than all the registered voters
6 in its jurisdiction, the selection criteria for those voters
7 included in the address confirmation procedure shall be
8 non-discriminatory with respect to race, creed, ethnic
9 origin, political party preference or gender. Any
10 confirmation of addresses of fewer than all the registered
11 voters of the jurisdiction shall be in addition to a
12 confirmation of addresses of all voters of the jurisdiction,
13 which shall be conducted not less frequently than every 2
14 years. The election authority shall send, via the United
15 States Postal Service, to each registered voter whose address
16 it wishes to confirm, at the address shown on the voters
17 registration application, a non-forwardable,
18 forwarding-address requested mailing. However, other address
19 information obtained by the election authority from the
20 United States Postal Service may be used instead of the
21 non-forwardable mailing. If the non-forwardable,
22 forwarding-address requested mailing is not returned, the
23 voter's address shall be deemed to have been confirmed. If
24 the mailing is returned by the United States Postal Service
25 as not deliverable to the voter at the address on his or her
26 registration card, the election authority shall take one of
27 the following actions, as circumstances in each case require.
28 (1) If the non-forwardable mailing is returned by the
29 United States Postal Service without a forwarding address,
30 the election authority shall send a second notice to the
31 voter at the same address, asking the voter to confirm or
32 correct his or her address. Such second notice shall be sent
33 as forwardable mail and include a postage paid, returnable
34 form pre-addressed to the election authority. If the voter
-27- LRB9102308MWgc
1 fails to return the forwardable notice, the voter's
2 registration shall be deemed inactive.
3 (2) If the non-forwardable mailing is returned by the
4 United States Postal Service bearing a forwarding address
5 within the election jurisdiction, the election authority
6 shall change the address on the voter's registration record
7 to the new address and shall send a second notice to the
8 voter at the original address on the registration form,
9 advising the voter that his or her address has been changed
10 and informing him or her of the new voting precinct. Such
11 second notice shall also request the voter to confirm or
12 correct the change of address and shall be sent as
13 forwardable mail and include a postage paid returnable form
14 pre-addressed to the election authority.
15 (3) If the non-forwardable mailing is returned by the
16 United States Postal Service and bearing a forwardable
17 address outside the election jurisdiction, the election
18 authority shall send a second notice to the voter at the
19 address on the registration form, asking the voter to confirm
20 his or her address and advising the voter how to become
21 eligible to vote if he or she has moved out of the election
22 jurisdiction. This second notice shall be sent as
23 forwardable mail and include a postage paid returnable card
24 pre-addressed to the election authority.
25 (a) If the voter returns the forwardable notice of
26 change of address confirming the new address outside the
27 election authority's jurisdiction, the voter shall be removed
28 from the list of voters of the election authority.
29 (b) If the voter returns the forwardable notice of
30 change of address denying that he or she has changed
31 residence to a place outside the jurisdiction, the voter
32 shall remain on the list of voters of the election authority.
33 (c) If the voter fails to return this forwardable
34 notice, the voter's registration shall be deemed inactive.
-28- LRB9102308MWgc
1 The names of all voters whose registrations have been
2 deemed inactive shall be so identified and made available in
3 the polling place on election day along with such information
4 for each voter as required as part of the precinct file,
5 including but not limited to the voter's address and
6 signature. If the voter offers to vote at any election
7 within the period which includes the next 2 general elections
8 ensuing after the forwardable notice is sent to the voter, he
9 or she shall be permitted to vote only in accord with the
10 provisions of Section 3A-10 of this Article. If within the
11 same period the voter neither offers to vote nor otherwise
12 confirms that his or her address remains within the election
13 authority's jurisdiction, his or her name shall be removed
14 from the list of registered voters of the election authority.
15 The election authority shall maintain for at least 2
16 years and shall make available for public inspection and,
17 where available, copies at a reasonable cost, all records
18 concerning the implementation of programs and activities
19 conducted for the purpose of ensuring the accuracy and
20 currency of official lists of eligible voters, except to the
21 extent that such records relate to the declination to
22 register to vote or to the identity of a voter registration
23 agency through which any voter is registered. This
24 information shall be made available to the State Board of
25 Elections as required by rule of the State Board of Elections
26 in order to report to the Federal Election Commission
27 pursuant to Public Law 103-31 and rule of the Federal
28 Election Commission.
29 (10 ILCS 5/3A-10 new)
30 Sec. 3A-10. Special voting procedures. The procedures
31 contained in this Section shall apply to voters whose
32 registration has been deemed inactive, or who change
33 residence without notice to the election authority. When a
-29- LRB9102308MWgc
1 voter casts a ballot under subsections (1), (3), or (4) of
2 this Section 3A-10, his or her voter registration record
3 shall be restored to active status or amended as
4 circumstances require.
5 (1) If a voter whose registration has been deemed
6 inactive pursuant to Section 3A-9 of this Article, or whose
7 records have erroneously been changed based upon inaccurate
8 information from the postal service, appears to vote and
9 denies that he or she has changed residence, he or she shall
10 be permitted to vote by affidavit as provided in Sections
11 7-45, 17-10, and 18-5 of this Election Code, subject to the
12 terms and consequences there provided. If the voter's
13 registration had been deemed inactive, the voter's name shall
14 be restored to the list of voters of the election authority.
15 (2) If a voter whose registration has been deemed
16 inactive pursuant to Section 3A-9 of this Article appears at
17 his or her former polling place to vote and acknowledges in
18 writing that he or she has changed residence to any place
19 outside the jurisdiction of the election authority, the voter
20 shall not be permitted to vote, and his or her name shall be
21 removed from the list of registered voters of the election
22 authority.
23 (3) If a voter who has changed his or her residence to
24 another address within the election authority's jurisdiction
25 and the same Congressional District offers to vote, the
26 election authority shall permit the voter to vote a ballot
27 for federal offices only in the polling place of the former
28 residence, or by absentee ballot for those same offices, upon
29 completion of the affidavit provided in Sections 7-45, 17-10
30 and 18-5 of this Code, subject to the terms and consequences
31 there provided. Following the election, the voter's
32 registration records shall be changed to reflect the new
33 address and a notice shall be sent to the voter at the new
34 address to advise the voter of his or her new precinct and
-30- LRB9102308MWgc
1 electoral districts. If the voter's registration had been
2 deemed inactive, the voter's name shall be restored to the
3 list of voters of the election authority.
4 (4) If a voter who has changed his or her residence to
5 an address within the election authority's jurisdiction but
6 outside of his or her original Congressional District offers
7 to vote, the election authority shall permit the voter to
8 vote a ballot for President and Vice President only in the
9 polling place of the former residence, or by absentee ballot
10 for those same offices, upon completion of the affidavit
11 provided in Sections 7-45, 17-10 and 18-5 of this Code,
12 subject to the terms and consequences there provided.
13 Following the election, the voter's registration shall be
14 changed to reflect the new address and a notice shall be sent
15 to the voter at the new address to advise the voter of his or
16 her new precinct and electoral districts. If the voter's
17 registration had been deemed inactive, the voter's name shall
18 be restored to the list of voters of the election authority.
19 (10 ILCS 5/3A-11 new)
20 Sec. 3A-11. Rules. The Secretary of State, the State
21 Board of Elections, the Illinois Department of Human
22 Services, the Illinois Department of Public Aid, and the
23 Illinois Department of Public Health may adopt rules for the
24 implementation of this Article 3A.
25 (10 ILCS 5/4-1) (from Ch. 46, par. 4-1)
26 Sec. 4-1. Except as provided in this Article 4, it is
27 unlawful for any person residing in a county containing a
28 population of less than 500,000, to vote at any election at
29 which any officers are to be nominated or elected, or at any
30 election at which any questions of public policy are to be
31 voted on, unless such person is at the time of such election
32 a registered voter under the provisions of Article 3A or of
-31- LRB9102308MWgc
1 this Article 4.
2 The provisions of this Article do not apply to electors
3 voting in an election of any soil and water conservation
4 district or drainage district or to electors residing in
5 municipalities in this State which have adopted "An Act
6 regulating the holding of elections and declaring the result
7 thereof in cities, villages and incorporated towns in this
8 State", approved June 19, 1885, as amended, or which have
9 adopted Articles 6, 14 and 18 of this Act. This Article shall
10 not apply to electors voting pursuant to Article 20 of this
11 Act.
12 The provisions of Article 3A or of this Article 4, so far
13 as they require the registration of voters as a condition to
14 their being allowed to vote shall not apply to persons
15 otherwise entitled to vote who have made and subscribed to
16 the affidavit provided in paragraph (b) of Section 17-10 of
17 this Act.
18 (Source: P.A. 81-1060.)
19 (10 ILCS 5/4-5) (from Ch. 46, par. 4-5)
20 Sec. 4-5. The registration preceding the November, 1942,
21 election shall constitute a permanent registration subject to
22 revision and alteration in the manner hereinafter provided;
23 and all registrations subsequent thereto shall be upon
24 registration application forms record cards provided by an
25 election authority or as otherwise provided by this Code the
26 county clerk. However, if the county board, by resolution
27 adopted before October 15, 1969, determines that there shall
28 be a re-registration in the county before the June, 1970,
29 primary as provided in this Article, such 1942 registration
30 shall be a permanent registration only until such
31 re-registration as provided in Section 4--5.01.
32 (Source: Laws 1967, p. 2987.)
-32- LRB9102308MWgc
1 (10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
2 Sec. 4-6.1. In addition to registration at the office of
3 the county clerk, and at the offices of municipal and
4 township or road district clerks, each county clerk shall
5 provide for the following additional methods of
6 registration:
7 (1) the appointment of deputy registrars as
8 provided in Section 4-6.2;
9 (2) the establishment of temporary places of
10 registration, as provided in Section 4-6.3;.
11 (3) registration by mail as provided in Sections
12 3A-4 and 4-6.4;
13 (4) registration by certain employees of Public
14 Service Agencies as provided in Section 3A-5; and
15 (5) registration by certain employees of the
16 Secretary of State as provided in Section 3A-6.
17 Each county clerk may provide for precinct registration
18 pursuant to Section 4-7.
19 (Source: P.A. 83-1059; revised 10-31-98.)
20 (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
21 Sec. 4-6.2. (a) The county clerk shall appoint all
22 municipal and township or road district clerks or their duly
23 authorized deputies as deputy registrars who may accept the
24 registration of all qualified residents of their respective
25 municipalities, townships and road districts. A deputy
26 registrar serving as such by virtue of his status as a
27 municipal clerk, or a duly authorized deputy of a municipal
28 clerk, of a municipality the territory of which lies in more
29 than one county may accept the registration of any qualified
30 resident of the municipality, regardless of which county the
31 resident, municipal clerk or the duly authorized deputy of
32 the municipal clerk lives in.
33 The county clerk shall appoint all precinct
-33- LRB9102308MWgc
1 committeepersons in the county as deputy registrars who may
2 accept the registration of any qualified resident of the
3 county, except during the 28 days preceding an election.
4 The election authority shall appoint as deputy registrars
5 a reasonable number of employees of the Secretary of State
6 located at driver's license examination stations and
7 designated to the election authority by the Secretary of
8 State who may accept the registration of any qualified
9 residents of the county at any such driver's license
10 examination stations. The appointment of employees of the
11 Secretary of State as deputy registrars shall be made in the
12 manner provided in Section 2-105 of the Illinois Vehicle
13 Code.
14 The county clerk shall appoint each of the following
15 named persons as deputy registrars upon the written request
16 of such persons:
17 1. The chief librarian, or a qualified person
18 designated by the chief librarian, of any public library
19 situated within the election jurisdiction, who may accept
20 the registrations of any qualified resident of the
21 county, at such library.
22 2. The principal, or a qualified person designated
23 by the principal, of any high school, elementary school,
24 or vocational school situated within the election
25 jurisdiction, who may accept the registrations of any
26 qualified resident of the county, at such school. The
27 county clerk shall notify every principal and
28 vice-principal of each high school, elementary school,
29 and vocational school situated within the election
30 jurisdiction of their eligibility to serve as deputy
31 registrars and offer training courses for service as
32 deputy registrars at conveniently located facilities at
33 least 4 months prior to every election.
34 3. The president, or a qualified person designated
-34- LRB9102308MWgc
1 by the president, of any university, college, community
2 college, academy or other institution of learning
3 situated within the election jurisdiction, who may accept
4 the registrations of any resident of the county, at such
5 university, college, community college, academy or
6 institution.
7 4. A duly elected or appointed official of a bona
8 fide labor organization, or a reasonable number of
9 qualified members designated by such official, who may
10 accept the registrations of any qualified resident of the
11 county.
12 5. A duly elected or appointed official of a
13 bonafide State civic organization, as defined and
14 determined by rule of the State Board of Elections, or
15 qualified members designated by such official, who may
16 accept the registration of any qualified resident of the
17 county. In determining the number of deputy registrars
18 that shall be appointed, the county clerk shall consider
19 the population of the jurisdiction, the size of the
20 organization, the geographic size of the jurisdiction,
21 convenience for the public, the existing number of deputy
22 registrars in the jurisdiction and their location, the
23 registration activities of the organization and the need
24 to appoint deputy registrars to assist and facilitate the
25 registration of non-English speaking individuals. In no
26 event shall a county clerk fix an arbitrary number
27 applicable to every civic organization requesting
28 appointment of its members as deputy registrars. The
29 State Board of Elections shall by rule provide for
30 certification of bonafide State civic organizations. Such
31 appointments shall be made for a period not to exceed 2
32 years, terminating on the first business day of the month
33 following the month of the general election, and shall be
34 valid for all periods of voter registration as provided
-35- LRB9102308MWgc
1 by this Code during the terms of such appointments.
2 6. (Blank). The Director of the Illinois Department
3 of Public Aid, or a reasonable number of employees
4 designated by the Director and located at public aid
5 offices, who may accept the registration of any qualified
6 resident of the county at any such public aid office.
7 7. The Director of the Illinois Department of
8 Employment Security, or a reasonable number of employees
9 designated by the Director and located at unemployment
10 offices, who may accept the registration of any qualified
11 resident of the county at any such unemployment office.
12 8. The president of any corporation as defined by
13 the Business Corporation Act of 1983, or a reasonable
14 number of employees designated by such president, who may
15 accept the registrations of any qualified resident of the
16 county.
17 If the request to be appointed as deputy registrar is
18 denied, the county clerk shall, within 10 days after the date
19 the request is submitted, provide the affected individual or
20 organization with written notice setting forth the specific
21 reasons or criteria relied upon to deny the request to be
22 appointed as deputy registrar.
23 The county clerk may appoint as many additional deputy
24 registrars as he considers necessary. The county clerk shall
25 appoint such additional deputy registrars in such manner that
26 the convenience of the public is served, giving due
27 consideration to both population concentration and area.
28 Some of the additional deputy registrars shall be selected so
29 that there are an equal number from each of the 2 major
30 political parties in the election jurisdiction. The county
31 clerk, in appointing an additional deputy registrar, shall
32 make the appointment from a list of applicants submitted by
33 the Chairman of the County Central Committee of the
34 applicant's political party. A Chairman of a County Central
-36- LRB9102308MWgc
1 Committee shall submit a list of applicants to the county
2 clerk by November 30 of each year. The county clerk may
3 require a Chairman of a County Central Committee to furnish a
4 supplemental list of applicants.
5 Deputy registrars may accept registrations at any time
6 other than the 28 day period preceding an election. All
7 persons appointed as deputy registrars shall be registered
8 voters within the county and shall take and subscribe to the
9 following oath or affirmation:
10 "I do solemnly swear (or affirm, as the case may be) that
11 I will support the Constitution of the United States, and the
12 Constitution of the State of Illinois, and that I will
13 faithfully discharge the duties of the office of deputy
14 registrar to the best of my ability and that I will register
15 no person nor cause the registration of any person except
16 upon his personal application before me.
17 ............................
18 (Signature Deputy Registrar)"
19 This oath shall be administered by the county clerk, or
20 by one of his deputies, or by any person qualified to take
21 acknowledgement of deeds and shall immediately thereafter be
22 filed with the county clerk.
23 Appointments of deputy registrars under this Section,
24 except precinct committeemen, shall be for 2-year terms,
25 commencing on December 1 following the general election of
26 each even-numbered year; except that the terms of the initial
27 appointments shall be until December 1st following the next
28 general election. Appointments of precinct committeemen shall
29 be for 2-year terms commencing on the date of the county
30 convention following the general primary at which they were
31 elected. The county clerk shall issue a certificate of
32 appointment to each deputy registrar, and shall maintain in
33 his office for public inspection a list of the names of all
34 appointees.
-37- LRB9102308MWgc
1 (b) The county clerk shall be responsible for training
2 all deputy registrars appointed pursuant to subsection (a),
3 at times and locations reasonably convenient for both the
4 county clerk and such appointees. The county clerk shall be
5 responsible for certifying and supervising all deputy
6 registrars appointed pursuant to subsection (a). Deputy
7 registrars appointed under subsection (a) shall be subject to
8 removal for cause.
9 (c) Completed registration materials under the control
10 of deputy registrars, appointed pursuant to subsection (a),
11 shall be returned to the proper election authority within 7
12 days, except that completed registration materials received
13 by the deputy registrars during the period between the 35th
14 and 29th day preceding an election shall be returned by the
15 deputy registrars to the proper election authority within 48
16 hours after receipt thereof. The completed registration
17 materials received by the deputy registrars on the 29th day
18 preceding an election shall be returned by the deputy
19 registrars within 24 hours after receipt thereof. Unused
20 materials shall be returned by deputy registrars appointed
21 pursuant to paragraph 4 of subsection (a), not later than the
22 next working day following the close of registration.
23 (d) The county clerk shall not be required to provide
24 additional forms to any deputy registrar having more than 200
25 registration forms unaccounted for during the preceding 12
26 month period.
27 (e) No deputy registrar shall engage in any
28 electioneering or the promotion of any cause during the
29 performance of his or her duties.
30 (f) The county clerk shall not be criminally or civilly
31 liable for the acts or omissions of any deputy registrar.
32 Such deputy registrars shall not be deemed to be employees of
33 the county clerk.
34 (Source: P.A. 89-653, eff. 8-14-96.)
-38- LRB9102308MWgc
1 (10 ILCS 5/4-6.4 new)
2 Sec. 4-6.4. In addition to registration conducted by the
3 registration officer or deputy registrar, the election
4 authority shall make Voter Registration Applications as
5 provided in Section 3A-3 available in private and
6 governmental locations throughout the jurisdiction in
7 sufficient numbers for the convenience of persons desiring to
8 apply for voter registration by mail. Such locations shall be
9 selected by the election authority in a nondiscriminatory
10 manner. The forms shall be suitable for mailing though may
11 not necessarily bear postage. Instructions for completion of
12 the application shall be attached and shall be as prescribed
13 by rule of the State Board of Elections. The voter
14 registration application dispenser or holder shall bear a
15 uniform logo designed by the State Board of Elections to
16 identify the use of the forms.
17 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
18 Sec. 4-8. The county clerk shall provide a sufficient
19 number of blank forms for the registration of electors, which
20 shall be known as registration record cards and which shall
21 consist of loose leaf sheets or cards, of suitable size to
22 contain in plain writing and figures the data hereinafter
23 required thereon or shall consist of computer cards of
24 suitable nature to contain the data required thereon. The
25 registration record cards, which shall include an affidavit
26 of registration as hereinafter provided, shall be executed in
27 duplicate.
28 The registration record card shall contain the following
29 and such other information as the county clerk may think it
30 proper to require for the identification of the applicant for
31 registration:
32 Name. The name of the applicant, giving surname and first
33 or Christian name in full, and the middle name or the initial
-39- LRB9102308MWgc
1 for such middle name, if any.
2 Sex.
3 Residence. The name and number of the street, avenue, or
4 other location of the dwelling, including the apartment, unit
5 or room number, if any, and in the case of a mobile home the
6 lot number, and such additional clear and definite
7 description as may be necessary to determine the exact
8 location of the dwelling of the applicant. Where the location
9 cannot be determined by street and number, then the section,
10 congressional township and range number may be used, or such
11 other description as may be necessary, including post-office
12 mailing address. In the case of a homeless individual, the
13 individual's voting residence that is his or her mailing
14 address shall be included on his or her registration record
15 card.
16 Term of residence in the State of Illinois and precinct.
17 This information shall be furnished by the applicant stating
18 the place or places where he resided and the dates during
19 which he resided in such place or places during the year next
20 preceding the date of the next ensuing election.
21 Nativity. The state or country in which the applicant was
22 born.
23 Citizenship. Whether the applicant is native born or
24 naturalized. If naturalized, the court, place, and date of
25 naturalization.
26 Date of application for registration, i. e., the day,
27 month and year when applicant presented himself for
28 registration.
29 Age. Date of birth, by month, day and year.
30 Physical disability of the applicant, if any, at the time
31 of registration, which would require assistance in voting.
32 The county and state in which the applicant was last
33 registered.
34 Signature of voter. The applicant, after the registration
-40- LRB9102308MWgc
1 and in the presence of a deputy registrar or other officer of
2 registration shall be required to sign his or her name in ink
3 to the affidavit on both the original and duplicate
4 registration record cards.
5 Signature of deputy registrar or officer of registration.
6 In case applicant is unable to sign his name, he may
7 affix his mark to the affidavit. In such case the officer
8 empowered to give the registration oath shall write a
9 detailed description of the applicant in the space provided
10 on the back or at the bottom of the card or sheet; and shall
11 ask the following questions and record the answers thereto:
12 Father's first name.
13 Mother's first name.
14 From what address did the applicant last register?
15 Reason for inability to sign name.
16 Each applicant for registration shall make an affidavit
17 in substantially the following form:
18 AFFIDAVIT OF REGISTRATION
19 STATE OF ILLINOIS
20 COUNTY OF.......
21 I hereby swear (or affirm) that I am a citizen of the
22 United States; that on the date of the next election I shall
23 have resided in the State of Illinois and in the election
24 precinct in which I reside 30 days and that I intend that
25 this location shall be my residence; that I am fully
26 qualified to vote, and that the above statements are true.
27 ..............................
28 (His or her signature or mark)
29 Subscribed and sworn to before me this.... day of....,
30 19...
31 ..................................
32 Signature of registration officer. (To be signed in
33 presence of registrant.)
34 Space shall be provided upon the face of each
-41- LRB9102308MWgc
1 registration record card for the notation of the voting
2 record of the person registered thereon.
3 Each registration record card shall be numbered according
4 to precincts, and may be serially or otherwise marked for
5 identification in such manner as the county clerk may
6 determine.
7 The voter registration applications cards shall be deemed
8 public records and shall be open to inspection during regular
9 business hours, except during the 28 days immediately
10 preceding any election. On written request of any candidate
11 or objector or any person intending to object to a petition,
12 the election authority shall extend its hours for inspection
13 of registration applications cards and other records of the
14 election authority during the period beginning with the
15 filing of petitions under Sections 7-10, 8-8, 10-6 or 28-3
16 and continuing through the termination of electoral board
17 hearings on any objections to petitions containing signatures
18 of registered voters in the jurisdiction of the election
19 authority. The extension shall be for a period of hours
20 sufficient to allow adequate opportunity for examination of
21 the records but the election authority is not required to
22 extend its hours beyond the period beginning at its normal
23 opening for business and ending at midnight. If the business
24 hours are so extended, the election authority shall post a
25 public notice of such extended hours. Registration
26 applications record cards may also be inspected, upon
27 approval of the officer in charge of the forms cards, during
28 the 28 days immediately preceding any election. Registration
29 information found in the precinct file as provided in Section
30 4-20 record cards shall also be open to inspection by
31 certified judges and poll watchers and challengers at the
32 polling place on election day, but only to the extent
33 necessary to determine the question of the right of a person
34 to vote or to serve as a judge of election. At no time shall
-42- LRB9102308MWgc
1 poll watchers or challengers be allowed to physically handle
2 the precinct file registration record cards.
3 Updated copies of computer tapes or computer discs or
4 other electronic data processing information containing voter
5 registration information shall be furnished by the county
6 clerk within 10 days after December 15 and May 15 each year
7 to the State Board of Elections in a form prescribed by the
8 Board. Registration information shall include, but not be
9 limited to, the following information: name, sex, residence,
10 telephone number, if any, date of birth, if available age,
11 party affiliation, if applicable, precinct, ward, township,
12 county, and representative, legislative and congressional
13 districts. In the event of noncompliance, the State Board of
14 Elections is directed to obtain compliance forthwith with
15 this nondiscretionary duty of the election authority by
16 instituting legal proceedings in the circuit court of the
17 county in which the election authority maintains the
18 registration information. The costs of furnishing updated
19 copies of tapes or discs shall be paid at a rate of $.00034
20 per name of registered voters in the election jurisdiction,
21 but not less than $50 per tape or disc and shall be paid from
22 appropriations made to the State Board of Elections for
23 reimbursement to the election authority for such purpose. The
24 Board shall furnish copies of such tapes, discs, other
25 electronic data or compilations thereof to state political
26 committees registered pursuant to the Illinois Campaign
27 Finance Act or the Federal Election Campaign Act at their
28 request and at a reasonable cost. Copies of the tapes, discs
29 or other electronic data shall be furnished by the county
30 clerk to local political committees at their request and at a
31 reasonable cost. Reasonable cost of the tapes, discs, et
32 cetera for this purpose would be the cost of duplication plus
33 15% for administration. The individual representing a
34 political committee requesting copies of such tapes shall
-43- LRB9102308MWgc
1 make a sworn affidavit that the information shall be used
2 only for bona fide political purposes, including by or for
3 candidates for office or incumbent office holders. Such
4 tapes, discs or other electronic data shall not be used under
5 any circumstances by any political committee or individuals
6 for purposes of commercial solicitation or other business
7 purposes. If such tapes contain information on county
8 residents related to the operations of county government in
9 addition to registration information, that information shall
10 not be used under any circumstances for commercial
11 solicitation or other business purposes. The prohibition in
12 this Section against using the computer tapes or computer
13 discs or other electronic data processing information
14 containing voter registration information for purposes of
15 commercial solicitation or other business purposes shall be
16 prospective only from the effective date of this amended Act
17 of 1979. Any person who violates this provision shall be
18 guilty of a Class 4 felony.
19 The State Board of Elections shall promulgate, by October
20 1, 1987, such regulations as may be necessary to ensure
21 uniformity throughout the State in electronic data processing
22 of voter registration information. The regulations shall
23 include, but need not be limited to, specifications for
24 uniform medium, communications protocol and file structure to
25 be employed by the election authorities of this State in the
26 electronic data processing of voter registration information.
27 Each election authority utilizing electronic data processing
28 of voter registration information shall comply with such
29 regulations on and after May 15, 1988.
30 If the applicant for registration was last registered in
31 another county within this State, he shall also sign a
32 certificate authorizing cancellation of the former
33 registration. The certificate shall be in substantially the
34 following form: To the County Clerk of.... County, Illinois.
-44- LRB9102308MWgc
1 To the Election Commission of the City of...., Illinois.
2 This is to certify that I am registered in your (county)
3 (city) and that my residence was ............................
4 Having moved out of your (county) (city), I hereby authorize
5 you to cancel said registration in your office.
6 Dated at...., Illinois, this.... day of...., 19...
7 .................................
8 (Signature of Voter)
9 Attest:................, County Clerk,.....................
10 County, Illinois.
11 The cancellation certificate shall be mailed immediately
12 by the County Clerk to the County Clerk (or election
13 commission as the case may be) where the applicant was
14 formerly registered. Receipt of such certificate shall be
15 full authority for cancellation of any previous registration.
16 cards in the right margin on the front of the form card
23 card. If an applicant for registration attests
26 declares upon properly witnessed oath, with his signature or
27 mark affixed, that he cannot read the English language and
28 that he will require assistance in voting, all his
29 registration forms cards shall be marked in a manner similar
30 to the marking on the forms cards of a voter who requires
31 assistance because of physical disability, except that the
32 marking shall be of a different distinguishing color.
33 Following each election the forms cards of any voter who has
-45- LRB9102308MWgc
1 requested assistance as a disabled voter, and has stated that
2 the disability is permanent, or who has received assistance
3 because of inability to read the English language, shall be
4 marked in the same manner.
5 (Source: Laws 1967, p. 3525.)
6 (10 ILCS 5/4-8.03) (from Ch. 46, par. 4-8.03)
7 Sec. 4-8.03. The State Board of Elections shall design a
8 registration record card which, except as otherwise provided
9 in this Section, shall be used in triplicate by all election
10 authorities in the State, beginning with registrations taken
11 on or after January 1, 1986. The Board shall prescribe the
12 form and specifications, including but not limited to the
13 weight of paper, color and print of such cards. Such cards
14 shall contain boxes or spaces for the information required
15 under Sections 4-8 and 4-21 of this Code; provided, that such
16 cards shall also contain a box or space for the applicant's
17 driver's license number, or where allowable the applicant's
18 social security number, if any, and a box for the applicant's
19 telephone number, if available.
20 The original and duplicate cards shall respectively
21 constitute the master file and precinct binder registration
22 records of the voter. The triplicate card shall be given to
23 the applicant upon completion of his or her registration or
24 completed transfer of registration.
25 If the applicant for registration in the office of the
26 election authority or before a deputy registrar was last
27 registered in another election jurisdiction within this
28 State, he shall also sign a certificate authorizing
29 cancellation of the former registration. The certificate
30 shall be in substantially the following form: To the County
31 Clerk of ... County, Illinois.
32 To the Election Commission of the (City) (County) of
33 ....., Illinois.
-46- LRB9102308MWgc
1 This is to certify that I am registered in your (county)
2 (city) and that my residence was ....................Having
3 moved out of your (county) (city), I hereby authorize you to
4 cancel the registration in your office. Dated at ....,
5 Illinois, (insert date).
6 .............................
7 (Signature of Voter)
8 Attest:......................, County Clerk, ...........
9 County, Illinois
10 The cancellation certificate shall be mailed immediately
11 by the County Clerk to the County (or election commission as
12 the case may be) where the applicant was formerly registered.
13 Receipt of such certificate shall be full authority for
14 cancellation of any previous registration.
15 Whenever a voter moves to another precinct within the
16 same election jurisdiction or to another election
17 jurisdiction in the State, such voter may transfer his or her
18 registration by presenting his or her triplicate card to the
19 election authority or a deputy registrar. If such voter is
20 not in possession of or has lost his or her triplicate card,
21 he or she may effect a transfer of registration by executing
22 an Affidavit of Cancellation of Previous Registration or by
23 submitting a completed Voter Registration Application. Any
24 transfer of registration received in the office of election
25 authority or postmarked prior to the close of registration
26 shall be deemed to be timely filed. If a postmark is not in
27 evidence or legible, it shall be considered as timely filed
28 if received in the office of the election authority no later
29 than 5 calendar days after the close of registration.
30 In the case of a transfer of registration to a new
31 election jurisdiction, the election authority shall transmit
32 the voter's triplicate card or such affidavit to the election
33 authority of the voter's former election jurisdiction, which
34 shall immediately cause the transmission of the voter's
-47- LRB9102308MWgc
1 previous registration card to the voter's new election
2 authority. No transfer of registration to a new election
3 jurisdiction shall be complete until the voter's old election
4 authority receives notification.
5 Deputy registrars shall return all Voter Registration
6 Applications triplicate cards or Affidavits of Cancellation
7 of Previous Registration to the election authority within 7
8 working days after the receipt thereof, except that such
9 forms cards or Affidavits of Cancellation of Previous
10 Registration received by the deputy registrars between the
11 35th and 29th 28th day preceding an election shall be
12 returned by the deputy registrars to the election authority
13 within 48 hours after receipt. The deputy registrars shall
14 return the Voter Registration Applications cards or
15 Affidavits of Cancellation of Previous Registration received
16 by them on the 29th 28th day preceding an election to the
17 election authority within 24 hours after receipt thereof.
18 The date by which an election authority is required to
19 take registrations in compliance with this Section may be
20 extended by the State Board of Elections to a date no later
21 than July 1, 1986, where, prior to January 1, 1986, the Board
22 has received a written request for such an extension from the
23 election authority and such request has shown good cause for
24 the extension.
25 (Source: P.A. 86-873.)
26 (10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
27 Sec. 4-9. The county clerk shall fully instruct the
28 registration officers and deputy registration officers in
29 their duties. Each registration officer and deputy
30 registration officer shall receipt to the county clerk for
31 all blank voter registration application forms record cards
32 issued to him, specifying therein the number of the blanks
33 received by him, and each registration officer and deputy
-48- LRB9102308MWgc
1 registration officer shall be charged with such blanks until
2 he returns them to the county clerk. If for any cause a
3 blank voter registration application form record card is
4 mutilated or rendered unfit for use in making it out, or if a
5 mistake thereon has been made, such blank shall not be
6 destroyed, but the word "mutilated" shall be written across
7 the face of such form card, and the form card shall be
8 returned to the county clerk and be preserved in the same
9 manner and for the same length of time as mutilated ballots.
10 When each 1969 and 1970 precinct re-registration has been
11 completed, each registration officer shall certify the
12 registration records in substantially the following form:
13 "We, the undersigned registration officers or deputy
14 registration officers in the County of .... in the State of
15 Illinois, do swear (or affirm) that at the registration of
16 electors on (insert date) the .... day of .... 19.. there was
17 registered by us in the said election precinct the names
18 which appear on the registration records, and that the number
19 of voters registered and qualified was and is the number of
20 ....
21 ......................
22 ......................
23 ......................
24 Registration officers.
25 Date ................"
26 After completion of each 1969 and 1970 precinct
27 re-registration each of the officers of registration for such
28 precinct shall place all registration cards received by him,
29 regardless of whether such cards have been unused, filled
30 out, executed or mutilated, in an envelope to be provided for
31 that purpose by the county clerk and shall seal such envelope
32 with an official wax impression seal and sign his name across
33 the face of such envelope. The judge of registration for
34 such precinct shall include in the envelope sealed by him the
-49- LRB9102308MWgc
1 certification of the registration records hereinabove
2 required. The judge of registration for such precinct shall
3 within 24 hours after the close of re-registration make
4 personal delivery of all envelopes containing the
5 re-registration cards for such precinct to the county clerk.
6 Other precinct registrations shall be certified and
7 returned in the same manner.
8 (Source: Laws 1967, p. 2987; revised 10-20-98.)
9 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
10 Sec. 4-10. Except as herein provided, no person shall be
11 registered, unless he applies in person to a registration
12 officer, answers such relevant questions as may be asked of
13 him by the registration officer, and executes the affidavit
14 of registration or submits a valid voter registration
15 application under the provisions of Article 3A. The
16 registration officer shall require the applicant to furnish
17 two forms of identification, and except in the case of a
18 homeless individual, one of which must include his or her
19 residence address. These forms of identification shall
20 include, but not be limited to, any of the following:
21 driver's license, social security card, public aid
22 identification card, utility bill, employee or student
23 identification card, credit card, or a civic, union or
24 professional association membership card. The registration
25 officer shall require a homeless individual to furnish
26 evidence of his or her use of the mailing address stated.
27 This use may be demonstrated by a piece of mail addressed to
28 that individual and received at that address or by a
29 statement from a person authorizing use of the mailing
30 address. The registration officer shall require each
31 applicant for registration to read or have read to him the
32 affidavit of registration before permitting him to execute
33 the affidavit.
-50- LRB9102308MWgc
1 One of the registration officers or a deputy registration
2 officer, county clerk, or clerk in the office of the county
3 clerk, shall administer to all persons who shall personally
4 apply to register the following oath or affirmation:
5 "You do solemnly swear (or affirm) that you will fully
6 and truly answer all such questions as shall be put to you
7 touching your name, place of residence, place of birth, your
8 qualifications as an elector and your right as such to
9 register and vote under the laws of the State of Illinois."
10 The registration officer shall satisfy himself that each
11 applicant for registration is qualified to register before
12 registering him. If the registration officer has reason to
13 believe that the applicant is a resident of a Soldiers' and
14 Sailors' Home or any facility which is licensed or certified
15 pursuant to the Nursing Home Care Act, the following question
16 shall be put, "When you entered the home which is your
17 present address, was it your bona fide intention to become a
18 resident thereof?" Any voter of a township, city, village or
19 incorporated town in which such applicant resides, shall be
20 permitted to be present at the place of any precinct
21 registration and shall have the right to challenge any
22 applicant who applies to be registered.
23 In case the officer is not satisfied that the applicant
24 is qualified he shall forthwith notify such applicant in
25 writing to appear before the county clerk to complete his
26 registration. Upon the application form card of such
27 applicant shall be written the word "incomplete" and no such
28 applicant shall be permitted to vote unless such registration
29 is satisfactorily completed as hereinafter provided. No
30 registration shall be taken and marked as incomplete if
31 information to complete it can be furnished on the date of
32 the original application.
33 Any person claiming to be an elector in any election
34 precinct and whose registration application card is marked
-51- LRB9102308MWgc
1 "Incomplete" may make and sign an application in writing,
2 under oath, to the county clerk in substance in the following
3 form:
4 "I do solemnly swear that I, ...., did on (insert date)
5 .... make application to the board of registry of the ....
6 precinct of the township of .... (or to the county clerk of
7 .... county) and that said board or clerk refused to complete
8 my registration as a qualified voter in said precinct. That
9 I reside in said precinct, that I intend to reside in said
10 precinct, and am a duly qualified voter of said precinct and
11 am entitled to be registered to vote in said precinct at the
12 next election.
13 (Signature of applicant) ............................."
14 All such applications shall be presented to the county
15 clerk or to his duly authorized representative by the
16 applicant, in person between the hours of 9:00 a.m. and 5:00
17 p.m. on any day after the days on which the 1969 and 1970
18 precinct re-registrations are held but not on any day within
19 28 days preceding the ensuing general election and thereafter
20 for the registration provided in Section 4-7 all such
21 applications shall be presented to the county clerk or his
22 duly authorized representative by the applicant in person
23 between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
24 to 28 days preceding the ensuing general election. Such
25 application shall be heard by the county clerk or his duly
26 authorized representative at the time the application is
27 presented. If the applicant for registration has registered
28 with the county clerk, such application may be presented to
29 and heard by the county clerk or by his duly authorized
30 representative upon the dates specified above or at any time
31 prior thereto designated by the county clerk.
32 Any otherwise qualified person who is absent from his
33 county of residence either due to business of the United
34 States or because he is temporarily outside the territorial
-52- LRB9102308MWgc
1 limits of the United States may become registered by mailing
2 an application as provided in Section 3A-3, to the county
3 clerk within the periods of registration provided for in this
4 Article, or by simultaneous application for absentee
5 registration and absentee ballot as provided in Article 20 of
6 this Code.
7 Upon receipt of such application the county clerk shall
8 immediately mail an affidavit of registration in duplicate,
9 which affidavit shall contain the following and such other
10 information as the State Board of Elections may think it
11 proper to require for the identification of the applicant:
12 Name. The name of the applicant, giving surname and
13 first or Christian name in full, and the middle name or the
14 initial for such middle name, if any.
15 Sex.
16 Residence. The name and number of the street, avenue or
17 other location of the dwelling, and such additional clear and
18 definite description as may be necessary to determine the
19 exact location of the dwelling of the applicant. Where the
20 location cannot be determined by street and number, then the
21 Section, congressional township and range number may be used,
22 or such other information as may be necessary, including post
23 office mailing address.
24 Term of residence in the State of Illinois and the
25 precinct.
26 Nativity. The State or country in which the applicant
27 was born.
28 Citizenship. Whether the applicant is native born or
29 naturalized. If naturalized, the court, place and date of
30 naturalization.
31 Age. Date of birth, by month, day and year.
32 Out of State address of ..........................
33 AFFIDAVIT OF REGISTRATION
34 State of ...........)
-53- LRB9102308MWgc
1 )ss
2 County of ..........)
3 I hereby swear (or affirm) that I am a citizen of the
4 United States; that on the day of the next election I shall
5 have resided in the State of Illinois and in the election
6 precinct 30 days; that I am fully qualified to vote, that I
7 am not registered to vote anywhere else in the United States,
8 that I intend to remain a resident of the State of Illinois
9 and of the election precinct, that I intend to return to the
10 State of Illinois, and that the above statements are true.
11 ..............................
12 (His or her signature or mark)
13 Subscribed and sworn to before me, an officer qualified
14 to administer oaths, this ..... day of ..... 19 ...
15 ........................................
16 Signature of officer administering oath.
17 Upon receipt of the executed duplicate affidavit of
18 Registration, the county clerk shall transfer the information
19 contained thereon to duplicate Registration Cards provided
20 for in Section 4-8 of this Article and shall attach thereto a
21 copy of each of the duplicate affidavit of registration and
22 thereafter such registration card and affidavit shall
23 constitute the registration of such person the same as if he
24 had applied for registration in person.
25 (Source: P.A. 86-820; 87-1241; revised 10-20-98.)
26 (10 ILCS 5/4-13) (from Ch. 46, par. 4-13)
27 Sec. 4-13. A docket of all applications to the county
28 clerk, whether such application shall be made for the purpose
29 of being registered, or restored, or for the purpose of
30 erasing a name on the register or for completing
31 registration, shall be made out in the order of the
32 precincts. The county clerk shall sit to hear such
33 applications between the hours of 10:00 a.m. and 5:00 p.m. on
-54- LRB9102308MWgc
1 Thursday, Friday and Saturday of the second week prior to the
2 week in which the 1970 primary election for the nomination of
3 candidates for State and county officers or any election
4 thereafter is to be held. Witnesses may be sworn and examined
5 upon the hearing of the applications.
6 Each person appearing response to an application to have
7 his name erased shall deliver to the county clerk a written
8 affidavit, which shall be, in substance, in the words and
9 figures following:
10 "I do solemnly swear that I am a citizen of the United
11 States; that I do reside and have resided in the State of
12 Illinois since (insert date) the .... day of .... and in the
13 county of .... in said state since (insert date) the .... day
14 of .... and in the .... precinct of the .... ward, in the
15 city, village, incorporated town or town of .... in said
16 county and state, since (insert date) the .... day of ....
17 and that I am .... years of age; and that I am the identical
18 person registered in said precinct under the name I subscribe
19 hereto."
20 This affidavit shall be signed and sworn to or affirmed
21 before any person authorized to administer oaths or
22 affirmations. The decision on each application shall be
23 announced at once after the hearing, and a minute made
24 thereof, and when an application to be registered or to be
25 restored to the register or to complete registration shall be
26 allowed, the county clerk shall cause a minute to be made
27 upon the original and any duplicate registration record forms
28 cards.
29 All applications under this Section and all hearings
30 hereinafter provided may be heard by a deputy county clerk or
31 clerks specially designated by the county clerk for this
32 purpose, and a decision by a deputy so designated, shall
33 become the decision of the county clerk upon approval by the
34 county clerk.
-55- LRB9102308MWgc
1 In any case in which the county clerk refuses an
2 application to be registered or restored or to have a
3 registration completed, or orders a name erased or stricken
4 from the register, application may be made to the circuit
5 court to be placed upon the register, and such applications
6 shall be heard, and appeals taken from refusal of such
7 applications, in the manner provided in other civil actions.
8 The court may, at its discretion, hear such applications upon
9 the same days as are specified in this Section for hearings
10 by the county clerk, and, in such cases, application to be
11 heard by the court may be made on such days. Forms for
12 applications to the court shall be furnished by the county
13 clerk.
14 (Source: P.A. 83-334.)
15 (10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
16 Sec. 4-15. Within 5 days After a person applies to
17 register registers or transfers his registration the election
18 authority at the office of the county clerk, such clerk shall
19 send by mail a Disposition of Registration as provided for in
20 Section 3A-7 of this Code certificate to such person setting
21 forth the elector's name and address as it appears upon the
22 voter registration application form record card, and such
23 other information as required in Section 3A-7 shall request
24 him in case of any error to present the certificate on or
25 before the 7th day next ensuing at the office of the county
26 clerk in order to secure correction of the error. The
27 certificate shall contain on the outside a request for the
28 postmaster to return it within 5 days if it cannot be
29 delivered to the addressee at the address given thereon. Upon
30 the return by the post office of a certificate which it has
31 been unable to deliver at the given address because the
32 addressee cannot be found there or because no such address
33 exists, a notice shall be at once sent through the United
-56- LRB9102308MWgc
1 States mail to such person at the address appearing upon his
2 registration record card requiring him to appear before the
3 county clerk, within 5 days, to answer questions touching his
4 right to register. If the person notified fails to appear at
5 the county clerk's office within 5 days as directed or if he
6 appears and fails to prove his right to register, the county
7 clerk shall mark his registration card as incomplete and he
8 shall not be permitted to vote until his registration is
9 satisfactorily completed.
10 If an elector possesses such a certificate valid on its
11 face and advising the elector that his or her voter
12 registration is completed, if his or her name does not
13 expressly appear to have been erased or withdrawn from the
14 precinct list as corrected and revised as provided by Section
15 4-11 of this Article, if he or she makes an affidavit and
16 attaches such certificate thereto, and if such affidavit
17 substantially in the form prescribed in Section 17-10 of this
18 Act is sworn to before a judge of election on suitable forms
19 provided by the county clerk for that purpose, such elector
20 shall be permitted to vote even though his or her name
21 duplicate registration card is not to be found in the
22 precinct file binder and even though his or her name is not
23 to be found upon the printed or any other list.
24 (Source: Laws 1961, p. 3394.)
25 (10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
26 Sec. 4-16. Any registered voter who changes his residence
27 from one address to another within the same county wherein
28 this Article is in effect, may have his registration
29 transferred to his new address by making and signing an
30 application for change of residence address upon a form to be
31 provided by the county clerk. Such application must be made
32 to the office of the county clerk and may be made either in
33 person or by mail. In case the person is unable to sign his
-57- LRB9102308MWgc
1 name, the county clerk shall require him to execute the
2 application in the presence of the county clerk or of his
3 properly authorized representative, by his mark, and if
4 satisfied of the identity of the person, the county clerk
5 shall make the transfer.
6 Upon receipt of the application, the county clerk, or one
7 of his employees deputized to take registrations shall cause
8 the signature of the voter and the data appearing upon the
9 application to be compared with the signature and data on the
10 existing Voter Registration Application record card, and if
11 it appears that the applicant is the same person as the
12 person previously registered under that name the transfer
13 shall be made.
14 No transfers of registration under the provisions of this
15 Section shall be made during the 28 days preceding any
16 election at which such voter would be entitled to vote except
17 that transfers of registration made by mail shall be deemed
18 as timely submitted if postmarked prior to the 28 days
19 preceding any election or if the postmark is illegible or not
20 in evidence received in the office of the county clerk no
21 later than 5 calendar days after the close of registration.
22 When a removal of a registered voter takes place from one
23 address to another within the same election jurisdiction
24 precinct within a period during which a transfer of
25 registration cannot be made before any election or primary,
26 he shall be entitled to vote upon presenting the judges of
27 election his affidavit substantially in the form prescribed
28 in Section 17-10 of this Act of a change of residence address
29 within the election jurisdiction precinct on a date therein
30 specified.
31 The county clerk may obtain information from utility
32 companies, city, village, incorporated town and township
33 records, the post office, or from other sources, regarding
34 the change of address removal of registered voters, and may
-58- LRB9102308MWgc
1 treat such information, and information procured from his
2 death and marriage records on file in his office, as cause to
3 confirm an application to erase from the register any name
4 concerning which he may so have information that the voter is
5 no longer qualified to vote under the name, or from the
6 address from which registered, and give notice thereof in the
7 manner provided by Section 3A-9 4--12 of this Code Article,
8 and notify voters who have changed their address that a
9 transfer of registration may be made in the manner provided
10 in this Section enclosing a form therefor.
11 If any person be registered by error in a precinct other
12 than that in which he resides, the county clerk may transfer
13 his registration to the proper precinct, and if the error is
14 or may be on the part of the registration officials, and is
15 disclosed too late before an election or primary to mail the
16 certificate required by Section 4-15, such certificate may be
17 personally delivered to the voter and he may vote thereon as
18 therein provided, but such certificates so issued shall be
19 specially listed with the reason for the issuance thereof.
20 Where a revision or rearrangement of precincts is made by
21 the county board, the county clerk shall immediately transfer
22 to the proper precinct the registration of any voter affected
23 by such revision or rearrangement of the precinct; make the
24 proper notations on the registration cards of a voter
25 affected by the revision or rearrangement and shall issue
26 revised certificates to each registrant of such change.
27 Any registered voter who changes his or her name by
28 marriage or otherwise shall be required to register anew and
29 authorize the cancellation of the previous registration; but
30 if the voter still resides in the same election jurisdiction
31 precinct and if the change of name takes place within a
32 period during which a transfer of registration cannot be
33 made, preceding any election or primary, the elector may, if
34 otherwise qualified, vote upon making an affidavit
-59- LRB9102308MWgc
1 substantially in the form prescribed in Section 17-10 of this
2 Act.
3 The precinct election officials shall report to the
4 county clerk the names and addresses of all persons who have
5 changed their addresses and voted, which shall be treated as
6 an application to change address accordingly, and the names
7 and addresses of all persons otherwise voting by affidavit as
8 in this Section provided, which shall be treated as an
9 application to erase under Section 4--12 hereof.
10 (Source: P.A. 83-999.)
11 (10 ILCS 5/4-18) (from Ch. 46, par. 4-18)
12 Sec. 4-18. The county clerk on his or her own initiative
13 or upon the order of the county board or of the circuit court
14 shall at all times have authority to conduct investigations
15 in a nondiscriminatory manner and to make canvasses of the
16 registered voters in any precinct by other methods than those
17 prescribed herein, and shall at all times have authority to
18 confirm cancel registration information in the manner
19 provided by this Section. Canvassers appointed for such
20 canvasses and investigations shall be appointed by the county
21 clerk; shall be confirmed by the circuit court in the manner
22 provided by Section 13-3 of this Act for the confirmation of
23 judges of election; shall be officers of that court; and
24 shall be subject to the same control and punishment as judges
25 of election. If upon the basis of investigation or canvasses,
26 the county clerk is of the opinion that any person registered
27 under this Article 4 is not a qualified voter or has ceased
28 to be a qualified voter, he or she shall send a notice
29 through the United States mail to such person following the
30 procedures set forth in Section 3A-9 of this Code., requiring
31 him or her to appear before the county clerk for a hearing
32 within 5 days after the date of mailing the notice and show
33 cause why his or her registration shall not be cancelled. If
-60- LRB9102308MWgc
1 such person fails to appear within such time as provided, his
2 or her registration shall be cancelled. If such person does
3 appear, he or she shall execute an affidavit similar in every
4 respect to the affidavit required of applicants under Section
5 4--13 of this Article 4.
6 (Source: P.A. 83-334.)
7 (10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
8 Sec. 4-20. The original registration applications cards
9 shall remain permanently in the office of the county clerk
10 except as destroyed as provided in Section 4-5.01; shall be
11 filed alphabetically with or without regard to precincts, as
12 determined by county clerk; and shall be known as the master
13 file. An official registry of voters shall be compiled for
14 use in the polling place on election day for all elections
15 subject to the provisions of this Article 4. This registry
16 shall be an alphabetical or geographical listing of all
17 registered voters by precinct so as to correspond with the
18 arrangement of the list for such precincts compiled pursuant
19 to Section 4-11 of this Article and shall be known as the
20 precinct file.
21 The precinct file shall be in the form of a computer
22 printout as provided for in Section 4-20.1 or consist of
23 duplicate registration cards and true duplicates of Voter
24 Registration Applications as provided for in Section 4-20.2.
25 In either instance, it shall be a true and accurate listing
26 of every registered voter for every precinct within the
27 jurisdiction. The duplicate registration cards shall
28 constitute the official registry of voters for all elections
29 subject to the provisions of this Article 4, shall be filed
30 by precincts alphabetically or geographically so as to
31 correspond with the arrangement of the list for such
32 precincts respectively, compiled pursuant to Section 4-11 of
33 this Article, and shall be known as the precinct file. The
-61- LRB9102308MWgc
1 precinct file duplicate cards for use in conducting elections
2 shall be delivered to the judges of election by the county
3 clerk in a suitable binder or other device, which shall be
4 locked and sealed in accordance with the directions to be
5 given by the county clerk and shall also be suitably indexed
6 for convenient use by the precinct officers. The precinct
7 file duplicate cards shall be delivered to the judges of
8 election for use at the polls for elections at the same time
9 as the official ballots are delivered to them, and shall be
10 returned to the county clerk by the judges of election within
11 the time provided for the return of the official ballots. The
12 county clerk shall determine the manner of delivery and
13 return of such precinct files duplicate cards, and shall at
14 all other times retain them at his office except for such use
15 of them as may be made under this Code Article with respect
16 to registration not at the office of the county clerk.
17 (Source: P.A. 80-1469.)
18 (10 ILCS 5/4-20.1 new)
19 Sec. 4-20.1. All precinct files in the form of a
20 computer printout shall contain the date of the election for
21 which it was generated, the precinct number or other
22 identifier, the number of registered voters in that precinct
23 and such other information as prescribed by rule of the State
24 Board of Elections and shall include but not be limited to
25 the following information concerning each registered voter of
26 the precinct as attested to on the Voter Registration
27 Application: last name, first name and middle name or
28 initial; residence address; date of birth, if provided; sex;
29 and shall include a true duplicate of the voter's signature.
30 Space shall be provided to record voter participation at that
31 election. Reproduction of the voter's signature and its
32 clarity, security and source document shall be in accord with
33 rules of the State Board of Elections and must not be
-62- LRB9102308MWgc
1 provided for any other purpose. Violations of this signature
2 reproduction restriction shall be a Class 3 felony and any
3 person who is convicted of violating this Section shall be
4 ineligible for public employment for a period of 5 years
5 immediately following the completion of that sentence.
6 (10 ILCS 5/4-20.2 new)
7 Sec. 4-20.2. Precinct files consisting of duplicate
8 registration cards and true duplicates of voter registration
9 applications shall be alphabetically arranged and up-dated
10 prior to each election. Such true duplicates must be clear
11 and of the same size as the original and be true duplicates
12 of the front and back of the original. Rule of the State
13 Board of Elections shall prescribe the weight of paper of the
14 true duplicates and other specifications necessary to ensure
15 a legible and durable precinct file.
16 (10 ILCS 5/4-22) (from Ch. 46, par. 4-22)
17 Sec. 4-22. Except as otherwise provided in this Section
18 upon application to vote each registered elector shall sign
19 his name or make his mark as the case may be, on a
20 certificate substantially as follows:
21 CERTIFICATE OF REGISTERED VOTER
22 City of ....... Ward ....... Precinct .......
23 Election ....... (Date) ....... (Month) ....... (Year)
24 Registration Record .......
25 Checked by .......
26 Voter's number ....
27 INSTRUCTION TO VOTERS
28 Sign this certificate and hand it to the election officer
29 in charge. After the registration record has been checked,
30 the officer will hand it back to you. Whereupon you shall
31 present it to the officer in charge of the ballots.
32 I hereby certify that I am registered from the address
-63- LRB9102308MWgc
1 below and am qualified to vote.
2 Signature of voter .......
3 residence address .......
4 An individual shall not be required to provide his social
5 security number when applying for a ballot. He shall not be
6 denied a ballot, nor shall his ballot be challenged, solely
7 because of his refusal to provide his social security number.
8 Nothing in this Act prevents an individual from being
9 requested to provide his social security number when the
10 individual applies for a ballot. If, however, the certificate
11 contains a space for the individual's social security number,
12 the following notice shall appear on the certificate,
13 immediately above such space, in bold-face capital letters,
14 in type the size of which equals the largest type on the
15 certificate:
16 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT
17 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY
18 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS
19 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER
20 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER."
21 The certificates of each State-wide political party at a
22 general primary election shall be separately printed upon
23 paper of uniform quality, texture and size, but the
24 certificates of no 2 State-wide political parties shall be of
25 the same color or tint. However, if the election authority
26 provides computer generated applications with the precinct,
27 ballot style and voter's name and address preprinted on the
28 application, a single application may be used for State-wide
29 political parties if it contains spaces or check-off boxes to
30 indicate the political party. Such application shall not
31 entitle the voter to vote in the primary of more than one
32 political party at the same election.
33 At the consolidated primary, such certificates may
34 contain spaces or checkoff boxes permitting the voter to
-64- LRB9102308MWgc
1 request a primary ballot of any other political party which
2 is established only within a political subdivision and for
3 which a primary is conducted on the same election day. Such
4 application shall not entitle the voter to vote in both the
5 primary of the State-wide political party and the primary of
6 the local political party with respect to the offices of the
7 same political subdivision. In no event may a voter vote in
8 more than one State-wide primary on the same day.
9 The judges in charge of the precinct registration files
10 shall compare the signature upon such certificate with the
11 signature on the precinct files registration record card as a
12 means of identifying the voter. Unless satisfied by such
13 signature comparison that the applicant to vote is the
14 identical person who is registered under the same name, the
15 judges shall ask such applicant the questions for
16 identification which appear on the precinct file registration
17 card, and if the applicant does not prove to the satisfaction
18 of a majority of the judges of the election precinct that he
19 is the identical person registered under the name in question
20 then the vote of such applicant shall be challenged by a
21 judge of election, and the same procedure followed as
22 provided by law for challenged voters.
23 In case the elector is unable to sign his name, a judge
24 of election shall check the data on the precinct file
25 registration card and shall check the address given, with the
26 registered address, in order to determine whether he is
27 entitled to vote.
28 One of the judges of election shall check the certificate
29 of each applicant for a ballot after the precinct file
30 registration record has been examined, and shall sign his
31 initials on the certificate in the space provided therefor,
32 and shall enter upon such certificate the number of the voter
33 in the place provided therefor, and make an entry in the
34 voting record space on the precinct file registration record,
-65- LRB9102308MWgc
1 Within 60 days after the effective date of this
21 amendatory Act of 1983, the county clerk shall provide to the
22 chairman of the county central committee of each established
23 political party or to the chairman's duly authorized
24 representative the list of registered voters in each precinct
25 at the time of the general primary election of 1982 and shall
26 indicate on such list by color code or other means next to
27 the name of a registrant the primary ballot of a political
28 party that the registrant requested at the general primary
29 election of 1982.
30 The county clerk may charge a fee to reimburse the actual
31 cost of duplicating each copy of a list provided under
32 either of the 2 preceding paragraph paragraphs.
33 Where an elector makes application to vote by signing and
34 presenting the certificate provided by this Section, and his
-66- LRB9102308MWgc
1 name is not found registration record card is not found in
2 the precinct file registry of voters, but his name appears as
3 that of a registered voter in such precinct upon the printed
4 precinct register as corrected or revised by the supplemental
5 list, or upon the consolidated list, if any, and whose name
6 has not been erased or withdrawn from such register, the
7 printed precinct register as corrected or revised by the
8 supplemental list, or consolidated list, if any, shall be
9 prima facie evidence of the elector's right to vote upon
10 compliance with the provisions hereinafter set forth in this
11 Section. In such event any one of the judges of election
12 shall require an affidavit by such person and one voter
13 residing in the precinct before the judges of election,
14 substantially in the form prescribed in Section 17-10 of this
15 Act, and upon the presentation of such affidavits, a
16 certificate shall be issued to such elector, and upon the
17 presentation of such certificate and affidavits, he shall be
18 entitled to vote.
19 Provided, however, that applications for ballots made by
20 registered voters under the provisions of Article 19 of this
21 Act shall be accepted by the Judges of Election in lieu of
22 the "Certificate of Registered Voter" provided for in this
23 Section.
24 When the county clerk delivers to the judges of election
25 for use at the polls a supplemental or consolidated list of
26 the printed precinct register, he shall give a copy of the
27 supplemental or consolidated list to the chairman of a county
28 central committee of an established political party or to the
29 chairman's duly authorized representative.
30 Whenever 2 or more elections occur simultaneously, the
31 election authority charged with the duty of providing
32 application certificates may prescribe the form thereof so
33 that a voter is required to execute only one, indicating in
34 which of the elections he desires to vote.
-67- LRB9102308MWgc
1 After the signature has been verified, the judges shall
2 determine in which political subdivisions the voter resides
3 by use of the information contained on the precinct file
4 voter registration cards or the separate registration lists
5 or other means approved by the State Board of Elections and
6 prepared and supplied by the election authority. The voter's
7 certificate shall be so marked by the judges as to show the
8 respective ballots which the voter is given.
9 (Source: P.A. 84-809.)
10 (10 ILCS 5/4-24) (from Ch. 46, par. 4-24)
11 Sec. 4-24. In the event that any city, village or
12 incorporated town within a county shall become subject to the
13 authority of a board of election commissioners, by the
14 adoption of Articles 6, 14 and 18 of this Act, or shall cease
15 to be subject to the authority of such a board, by the
16 abandonment of said Articles, it shall not be necessary for
17 the registered voters in the area affected by such action to
18 register again, either under this Article or under Article 6
19 of this Act unless they are not re-registered under the 1969
20 and 1970 re-registration provisions in counties where such
21 provisions are applicable.
22 This Article 4 shall immediately become effective in any
23 area of a county that ceases to be subject to the authority
24 of a board of election commissioners.
25 Within 24 hours after the court has entered its order
26 declaring Articles 6, 14 and 18 of this Act adopted by any
27 city, village or incorporated town or rejected by the voters
28 of any city, village or incorporated town, after having been
29 in effect therein, it shall be the duty of the board of
30 election commissioners or of the county clerk, as the case
31 may be, to turn over to the officer or officers thereafter to
32 be charged with the registration of voters within the area
33 affected (the county clerk or board of election
-68- LRB9102308MWgc
1 commissioners, as the case may be) the original and any
2 duplicate Voter Registration Applications cards of all
3 persons affected by the adoption or rejection of said
4 Articles 6, 14 and 18 of this Act; and at the same time to
5 turn over all forms, papers and other instruments pertaining
6 to the registration of voters within the area affected, and
7 all booths, ballot boxes and election equipment formerly used
8 in conducting elections in such area.
9 The original registration applications cards of the
10 voters turned over to the county clerk or board of election
11 commissioners, as the case may be, shall be placed in a
12 master file together with the registration forms cards of all
13 voters who previously registered under the provisions of this
14 Article or of Articles 6, 14 and 18 of this Act, as the case
15 may be, and said forms cards shall then become part of the
16 official registration record required to be kept in the
17 office of the county clerk or of the board of election
18 commissioners, as the case may be.
19 Precinct files consisting of duplicate cards and true
20 duplicates of Voter Registration Applications The duplicate
21 cards shall be arranged in precinct order and shall be
22 retained in the office of the county clerk or of the board of
23 election commissioners, as the case may be, for the use in
24 conducting elections. Such precinct file duplicate cards
25 shall become part of the official registration record
26 required to be kept in the office of the county clerk or of
27 the board of election commissioners, as the case may be.
28 (Source: P.A. 83-334.)
29 (10 ILCS 5/4-24.1) (from Ch. 46, par. 4-24.1)
30 Sec. 4-24.1. If any area becomes subject to a board of
31 election commissioners by reason of annexation to a city,
32 village or incorporated town subject to such a board or
33 ceases to be subject to a board of election commissioners by
-69- LRB9102308MWgc
1 reason of disconnection from such a city, village or
2 incorporated town, it shall not be necessary for the
3 registered voters in such area to register again, either
4 under this Article or Article 6.
5 As soon as practicable after such annexation or
6 disconnection, the county clerk or board of election
7 commissioners, as the case may be, shall turn over to officer
8 or officers thereafter to be charged with the registration of
9 voters within the area affected (the board of election
10 commissioners or county clerk, as the case may be) the Voter
11 Registration Applications original and duplicate registration
12 cards of all registered voters in the annexed or disconnected
13 area.
14 (Source: Laws 1967, p. 405.)
15 (10 ILCS 5/4-27) (from Ch. 46, par. 4-27)
16 Sec. 4-27. At each regular special or primary election to
17 which this Article 4 is applicable, the judges of election
18 shall personally affix all affidavits made before them in
19 accordance with the provisions of Sections 4-15, 4-16, 4-22,
20 4-23, 7-45 or 17-10, respectively, to the respective
21 applications to vote.
22 Persons voting for whom no registration card is found in
23 the master file or precinct file binder shall be investigated
24 by the county clerk or persons in his office, as shall
25 likewise be investigated the correctness of affidavits filed
26 under the provisions of the Sections hereinbefore in this
27 Section enumerated. If from such investigation the county
28 clerk shall be satisfied that the provisions of this Article
29 have been violated, or that any person has voted who was not
30 qualified so to do, he shall make a complete report to the
31 State's Attorney of the County, attaching thereto a correct
32 copy of the application to vote and any affidavit which may
33 have been executed by the voter and supporting witnesses, if
-70- LRB9102308MWgc
1 any. The State's Attorney shall prosecute all such reports of
2 fraud if on the basis of the facts so reported, and of any
3 additional investigation he may cause to be made, he shall be
4 satisfied that a knowing violation of this Article or of this
5 Act has been committed. The County Clerk shall further file
6 with the circuit court, for such action as is provided in
7 cases of the misbehavior of judges of election, a copy of any
8 such report in which it shall appear that the judges of
9 election knowingly permitted a person to vote who was not
10 qualified so to do under the provisions of this Article or of
11 this Act, or otherwise were guilty of a knowing breach of
12 their duties as such under this Act.
13 (Source: Laws 1965, p. 3481.)
14 (10 ILCS 5/4-30) (from Ch. 46, par. 4-30)
15 Sec. 4-30. The county clerk on his own initiative or
16 upon order of the county board shall at all times have
17 authority to conduct investigations in a nondiscriminatory
18 manner investigation and to make canvasses of the registered
19 voters in any precinct canvass or at other times and by other
20 methods than those so prescribed. However, the county clerk
21 shall at least once in every 2 years conduct a verification
22 of voter registrations as prescribed in Section 3A-9 of this
23 Code and shall cause the cancellation of registration of
24 persons who have ceased to be qualified voters. Such
25 verification shall be accomplished by one of the following
26 methods: (1) precinct canvass conducted by 2 qualified
27 persons of opposite party affiliation appointed by the county
28 clerk or (2) written request for verification sent to each
29 registered voter by first class mail, not forwardable or (3)
30 an alternative method of verification submitted in writing to
31 and approved by the State Board of Elections at a public
32 meeting not less than 60 days prior to the date on which the
33 county clerk has fixed for implementation of that method of
-71- LRB9102308MWgc
1 verification; provided, that the county clerk shall submit to
2 the State Board of Elections a written statement of the
3 results obtained by use of such alternative method within 30
4 days of completion of the verification. Provided that in each
5 precinct one canvasser may be appointed from outside such
6 precinct if not enough other qualified persons who reside
7 within the precinct can be found to serve as canvasser in
8 such precinct. The one canvasser so appointed to serve in any
9 precinct in which he is not entitled to vote prior to the
10 election must be entitled to vote elsewhere within the ward,
11 township or road district which includes within its
12 boundaries the precinct in which such canvasser is appointed
13 and such canvasser must be otherwise qualified. If upon the
14 basis of investigation or canvasses, the county clerk shall
15 be of the opinion that any person registered under this
16 Article is not a qualified voter or has ceased to be a
17 qualified voter, he shall send a notice through the United
18 States mail to such person and follow the procedures set
19 forth in Section 3A-9 of this Code., requiring him to appear
20 before the county clerk for a hearing within ten days after
21 the date of mailing such notice and show cause why his
22 registration shall not be cancelled. If such person fails to
23 appear within such time as provided, his registration shall
24 be cancelled. If such a person does appear, he shall make an
25 affidavit similar in every respect to the affidavit required
26 of applicants under Section 4-13 and his registration shall
27 be reinstated.
28 If the county clerk cancels such registration upon the
29 voter failing to appear, the county clerk shall immediately
30 request of the clerk of the city, village or incorporated
31 town in which the person claimed residence, to return the
32 triplicate card of registration of the said person and within
33 twenty-four hours after receipt of said request, the said
34 clerk shall mail or cause to be delivered to the county clerk
-72- LRB9102308MWgc
1 the triplicate card of registration of the said person and
2 the said triplicate card shall thereupon be cancelled by the
3 county clerk.
4 (Source: P.A. 84-1308.)
5 (10 ILCS 5/5-1) (from Ch. 46, par. 5-1)
6 Sec. 5-1. Except as hereinafter provided, it shall be
7 unlawful for any person residing in a county containing a
8 population of 500,000 or more, to vote at any election,
9 unless such person is at the time of such election a
10 registered voter under the requirements of Article 3A or of
11 this Article 5 or is exempt under Section 5-29.01 from
12 registration. Provided, that this Article 5 shall not apply
13 to electors residing in cities, villages, and incorporated
14 towns in this State which have adopted or are operating under
15 Article 6, 14 and 18 of this Act, or to electors voting
16 pursuant to Article 20 of this Act.
17 (Source: P.A. 80-1469.)
18 (10 ILCS 5/5-6) (from Ch. 46, par. 5-6)
19 Sec. 5-6. Subject to the provisions of Section 5-19 of
20 this Article 5, in addition to the registration authorized at
21 the offices of the County Clerk, city clerk, town clerk,
22 incorporated town clerk and village clerk under Section 5-5
23 of this Article 5, and that provided by Section 5-17 of this
24 Article 5, there shall be three days of re-registration in
25 each precinct as established by the Board of County
26 Commissioners for county and township elections. The first of
27 said three days of re-registration shall be Friday, September
28 15, 1961; the second of said three days of re-registration
29 shall be Friday, October 13, 1961 and the third of said three
30 days of re-registration shall be Tuesday, March 13, 1962. On
31 each of the said three days of re-registration the
32 registration places shall open at eight o'clock a. m. and
-73- LRB9102308MWgc
1 remain open until nine o'clock p. m. It shall be the duty of
2 the County Board to appoint the place of registry in each
3 precinct and the provisions of Section 5-3 of this Article 5
4 shall apply thereto.
5 The re-registration provided by this Article 5 shall
6 constitute a permanent registration subject to revision and
7 alteration in the manner hereinafter provided. All
8 registrations shall be upon registration application forms
9 record cards provided by an election authority or as
10 otherwise provided by this Code the County Clerk in
11 accordance with the provisions of this Article 5.
12 Immediately following the first day of precinct
13 re-registration in 1961, all permanent registration records
14 compiled prior to September 15, 1961, shall be destroyed if
15 no election contest is pending in which such records are
16 material.
17 (Source: Laws 1959, p. 1919.)
18 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
19 Sec. 5-7. The county clerk shall provide a sufficient
20 number of blank forms for the registration of electors which
21 shall be known as registration record cards and which shall
22 consist of loose leaf sheets or cards, of suitable size to
23 contain in plain writing and figures the data hereinafter
24 required thereon or shall consist of computer cards of
25 suitable nature to contain the data required thereon. The
26 registration record cards, which shall include an affidavit
27 of registration as hereinafter provided, shall be executed in
28 duplicate.
29 The registration record card shall contain the following
30 and such other information as the county clerk may think it
31 proper to require for the identification of the applicant for
32 registration:
33 Name. The name of the applicant, giving surname and first
-74- LRB9102308MWgc
1 or Christian name in full, and the middle name or the initial
2 for such middle name, if any.
3 Sex.
4 Residence. The name and number of the street, avenue, or
5 other location of the dwelling, including the apartment, unit
6 or room number, if any, and in the case of a mobile home the
7 lot number, and such additional clear and definite
8 description as may be necessary to determine the exact
9 location of the dwelling of the applicant, including
10 post-office mailing address. In the case of a homeless
11 individual, the individual's voting residence that is his or
12 her mailing address shall be included on his or her
13 registration record card.
14 Term of residence in the State of Illinois and the
15 precinct. Which questions may be answered by the applicant
16 stating, in excess of 30 days in the State and in excess of
17 30 days in the precinct.
18 Nativity. The State or country in which the applicant was
19 born.
20 Citizenship. Whether the applicant is native born or
21 naturalized. If naturalized, the court, place and date of
22 naturalization.
23 Date of application for registration, i. e., the day,
24 month and year when applicant presented himself for
25 registration.
26 Age. Date of birth, by month, day and year.
27 Physical disability of the applicant, if any, at the time
28 of registration, which would require assistance in voting.
29 The county and state in which the applicant was last
30 registered.
31 Signature of voter. The applicant, after the registration
32 and in the presence of a deputy registrar or other officer of
33 registration shall be required to sign his or her name in ink
34 to the affidavit on the original and duplicate registration
-75- LRB9102308MWgc
1 record card.
2 Signature of Deputy Registrar.
3 In case applicant is unable to sign his name, he may
4 affix his mark to the affidavit. In such case the officer
5 empowered to give the registration oath shall write a
6 detailed description of the applicant in the space provided
7 at the bottom of the card or sheet; and shall ask the
8 following questions and record the answers thereto:
9 Father's first name.......................
10 Mother's first name.......................
11 From what address did you last register?
12 Reason for inability to sign name.
13 Each applicant for registration shall make an affidavit
14 in substantially the following form:
15 AFFIDAVIT OF REGISTRATION
16 State of Illinois)
17 )ss
18 County of )
19 I hereby swear (or affirm) that I am a citizen of the
20 United States; that on the date of the next election I shall
21 have resided in the State of Illinois and in the election
22 precinct in which I reside 30 days; that I am fully qualified
23 to vote. That I intend that this location shall be my
24 residence and that the above statements are true.
25 ..............................
26 (His or her signature or mark)
27 Subscribed and sworn to before me this.... day of....,
28 19...
29 Signature of Registration Officer. (To be signed in
30 presence of Registrant.)
31 Space shall be provided upon the face of each
32 registration record card for the notation of the voting
33 record of the person registered thereon.
34 Each registration record card shall be numbered according
-76- LRB9102308MWgc
1 to towns and precincts, wards, cities and villages, as the
2 case may be, and may be serially or otherwise marked for
3 identification in such manner as the county clerk may
4 determine.
5 The voter registration applications cards shall be deemed
6 public records and shall be open to inspection during regular
7 business hours, except during the 28 days immediately
8 preceding any election. On written request of any candidate
9 or objector or any person intending to object to a petition,
10 the election authority shall extend its hours for inspection
11 of registration applications cards and other records of the
12 election authority during the period beginning with the
13 filing of petitions under Sections 7-10, 8-8, 10-6 or 28-3
14 and continuing through the termination of electoral board
15 hearings on any objections to petitions containing signatures
16 of registered voters in the jurisdiction of the election
17 authority. The extension shall be for a period of hours
18 sufficient to allow adequate opportunity for examination of
19 the records but the election authority is not required to
20 extend its hours beyond the period beginning at its normal
21 opening for business and ending at midnight. If the business
22 hours are so extended, the election authority shall post a
23 public notice of such extended hours. Registration
24 applications record cards may also be inspected, upon
25 approval of the officer in charge of the forms cards, during
26 the 28 days immediately preceding any election. Registration
27 information found in the precinct file as provided in Section
28 5-28 record cards shall also be open to inspection by
29 certified judges and poll watchers and challengers at the
30 polling place on election day, but only to the extent
31 necessary to determine the question of the right of a person
32 to vote or to serve as a judge of election. At no time shall
33 poll watchers or challengers be allowed to physically handle
34 the precinct file registration record cards.
-77- LRB9102308MWgc
1 Updated copies of computer tapes or computer discs or
2 other electronic data processing information containing voter
3 registration information shall be furnished by the county
4 clerk within 10 days after December 15 and May 15 each year
5 to the State Board of Elections in a form prescribed by the
6 Board. Registration information shall include, but not be
7 limited to, the following information: name, sex, residence,
8 telephone number, if any, date of birth, if available, age,
9 party affiliation, if applicable, precinct, ward, township,
10 county, and representative, legislative and congressional
11 districts. In the event of noncompliance, the State Board of
12 Elections is directed to obtain compliance forthwith with
13 this nondiscretionary duty of the election authority by
14 instituting legal proceedings in the circuit court of the
15 county in which the election authority maintains the
16 registration information. The costs of furnishing updated
17 copies of tapes or discs shall be paid at a rate of $.00034
18 per name of registered voters in the election jurisdiction,
19 but not less than $50 per tape or disc and shall be paid from
20 appropriations made to the State Board of Elections for
21 reimbursement to the election authority for such purpose. The
22 Board shall furnish copies of such tapes, discs, other
23 electronic data or compilations thereof to state political
24 committees registered pursuant to the Illinois Campaign
25 Finance Act or the Federal Election Campaign Act at their
26 request and at a reasonable cost. Copies of the tapes, discs
27 or other electronic data shall be furnished by the county
28 clerk to local political committees at their request and at a
29 reasonable cost. Reasonable cost of the tapes, discs, et
30 cetera for this purpose would be the cost of duplication plus
31 15% for administration. The individual representing a
32 political committee requesting copies of such tapes shall
33 make a sworn affidavit that the information shall be used
34 only for bona fide political purposes, including by or for
-78- LRB9102308MWgc
1 candidates for office or incumbent office holders. Such
2 tapes, discs or other electronic data shall not be used under
3 any circumstances by any political committee or individuals
4 for purposes of commercial solicitation or other business
5 purposes. If such tapes contain information on county
6 residents related to the operations of county government in
7 addition to registration information, that information shall
8 not be used under any circumstances for commercial
9 solicitation or other business purposes. The prohibition in
10 this Section against using the computer tapes or computer
11 discs or other electronic data processing information
12 containing voter registration information for purposes of
13 commercial solicitation or other business purposes shall be
14 prospective only from the effective date of this amended Act
15 of 1979. Any person who violates this provision shall be
16 guilty of a Class 4 felony.
17 The State Board of Elections shall promulgate, by October
18 1, 1987, such regulations as may be necessary to ensure
19 uniformity throughout the State in electronic data processing
20 of voter registration information. The regulations shall
21 include, but need not be limited to, specifications for
22 uniform medium, communications protocol and file structure to
23 be employed by the election authorities of this State in the
24 electronic data processing of voter registration information.
25 Each election authority utilizing electronic data processing
26 of voter registration information shall comply with such
27 regulations on and after May 15, 1988.
28 If the applicant for registration was last registered in
29 another county within this State, he shall also sign a
30 certificate authorizing cancellation of the former
31 registration. The certificate shall be in substantially the
32 following form:
33 To the County Clerk of.... County, Illinois. To the Election
34 Commission of the City of...., Illinois.
-79- LRB9102308MWgc
1 This is to certify that I am registered in your (county)
2 (city) and that my residence was.....
3 Having moved out of your (county) (city), I hereby
4 authorize you to cancel said registration in your office.
5 Dated at.... Illinois, this.... day of...., 19...
6 ....................
7 (Signature of Voter)
8 Attest......, County Clerk,........ County, Illinois.
9 The cancellation certificate shall be mailed immediately
10 by the county clerk to the county clerk (or election
11 commission as the case may be) where the applicant was
12 formerly registered. Receipt of such certificate shall be
13 full authority for cancellation of any previous registration.
14 cards in the right margin on the front of the form card
21 card. If an applicant for registration attests
24 declares upon properly witnessed oath, with his signature or
25 mark affixed, that he cannot read the English language and
26 that he will require assistance in voting, all his
27 registration forms cards shall be marked in a manner similar
28 to the marking on the forms cards of a voter who requires
29 assistance because of physical disability, except that the
30 marking shall be of a different distinguishing color.
31 Following each election the forms cards of any voter who has
32 requested assistance as a disabled voter, and has stated that
33 the disability is permanent, or who has received assistance
-80- LRB9102308MWgc
1 because of inability to read the English language, shall be
2 marked in the same manner.
3 (Source: Laws 1967, p. 3524.)
4 (10 ILCS 5/5-7.03) (from Ch. 46, par. 5-7.03)
5 Sec. 5-7.03. If the applicant for registration in the
6 office of the election authority or before a deputy registrar
7 was last registered in another election jurisdiction within
8 this State, he shall also sign a certificate authorizing
9 cancellation of the former registration. The certificate
10 shall be in substantially the following form: To the County
11 Clerk of ... County, Illinois.
12 To the Election Commission of the (City) (County) of
13 ....., Illinois.
14 This is to certify that I am registered in your (county)
15 (city) and that my residence was ....................Having
16 moved out of your (county) (city), I hereby authorize you to
17 cancel the registration in your office. Dated at ....,
18 Illinois, (insert date)
19 .............................
20 (Signature of Voter)
21 Attest:......................, County Clerk, ...........
22 County, Illinois
23 The cancellation certificate shall be mailed immediately
24 by the County Clerk to the County (or election commission as
25 the case may be) where the applicant was formerly registered.
26 Receipt of such certificate shall be full authority for
27 cancellation of any previous registration. The State Board of
28 Elections shall design a registration record card which,
29 except as otherwise provided in this Section, shall be used
30 in triplicate by all election authorities in the State,
31 beginning with registrations taken on or after January 1,
32 1986. The Board shall prescribe the form and specifications,
33 including but not limited to the weight of paper, color and
-81- LRB9102308MWgc
1 print of such cards. Such cards shall contain boxes or
2 spaces for the information required under Sections 5-7 and
3 5-28.1 of this Code; provided, that such cards shall also
4 contain a box or space for the applicant's driver's license
5 number, or where allowable the applicant's social security
6 number, if any, and a box for the applicant's telephone
7 number, if available.
8 The original and duplicate cards shall respectively
9 constitute the master file and precinct binder registration
10 records of the voter. The triplicate card shall be given to
11 the applicant upon completion of his or her registration or
12 completed transfer of registration.
13 Whenever a voter moves to another precinct within the
14 same election jurisdiction or to another election
15 jurisdiction in the State, such voter may transfer his or her
16 registration by presenting his or her triplicate card to the
17 election authority or a deputy registrar. If such voter is
18 not in possession of or has lost his or her triplicate card,
19 he or she may effect a transfer of registration by executing
20 an Affidavit of Cancellation of Previous Registration or by
21 submitting a completed Voter Registration Application. Any
22 transfer of registration received in the office of election
23 authority or postmarked prior to the close of registration
24 shall be deemed to be timely filed. If a postmark is not in
25 evidence or legible, it shall be considered as timely filed
26 if received in the office of the election authority no later
27 than 5 calendar days after the close of registration. In the
28 case of a transfer of registration to a new election
29 jurisdiction, the election authority shall transmit the
30 voter's triplicate card or such affidavit to the election
31 authority of the voter's former election jurisdiction, which
32 shall immediately cause the transmission of the voter's
33 previous registration card to the voter's new election
34 authority. No transfer of registration to a new election
-82- LRB9102308MWgc
1 jurisdiction shall be complete until the voter's old election
2 authority receives notification.
3 Deputy registrars shall return all Voter Registration
4 Applications triplicate cards or Affidavits of Cancellation
5 of Previous Registration to the election authority within 7
6 working days after the receipt thereof, except that such
7 forms cards or Affidavits of Cancellation of Previous
8 Registration received by the deputy registrars between the
9 35th and 29th 28th day preceding an election shall be
10 returned by the deputy registrars to the election authority
11 within 48 hours after receipt. The deputy registrars shall
12 return the Voter Registration Applications cards or
13 Affidavits of Cancellation of Previous Registration received
14 by them on the 29th 28th day preceding an election to the
15 election authority within 24 hours after receipt thereof.
16 The date by which an election authority is required to
17 take registrations in compliance with this Section may be
18 extended by the State Board of Elections to a date no later
19 than July 1, 1986, where, prior to January 1, 1986, the Board
20 has received a written request for such an extension from the
21 election authority and such request has shown good cause for
22 the extension.
23 (Source: P.A. 86-873.)
24 (10 ILCS 5/5-8) (from Ch. 46, par. 5-8)
25 Sec. 5-8. The County Clerk shall supply Deputy
26 Registrars, Officers of Registration and Judges of
27 Registration with registration forms and shall fully instruct
28 them in their duties. Each Deputy Registrar, Officer of
29 Registration and Judge of Registration shall receipt to the
30 County Clerk for all blank voter registration application
31 forms records issued to them, specifying therein the number
32 of blanks received by them, and each Deputy Registrar,
33 Officer of Registration and Judge of Registration shall be
-83- LRB9102308MWgc
1 charged with such blanks until he returns them to the County
2 Clerk. If for any cause a blank voter registration
3 application form record card is mutilated or rendered unfit
4 for use in making it out, or if a mistake therein has been
5 made, such blank shall not be destroyed, but the word
6 "mutilated" shall be written across the face of such form
7 blank, and such form blank shall be returned to the County
8 Clerk and shall be preserved in the same manner and for the
9 same length of time as mutilated ballots. When each 1961 and
10 1962 precinct re-registration shall have been completed, a
11 Deputy Registrar or Judge of Registration shall return all
12 registration record cards to the County Clerk whether such
13 cards have been filled out, executed or whether they are
14 unused, or whether they have been mutilated. A Deputy
15 Registrar, or Judge of Registration for precinct registration
16 shall make personal delivery of the registration records to
17 the County Clerk, after the close of each precinct
18 registration. Each Deputy Registrar and Judge of Registration
19 shall certify the registration records in substantially the
20 following form:
21 "We, the undersigned Deputy Registrars and Judge of
22 Registration in the County of .... in the State of Illinois,
23 do swear (or affirm) that at the registration of electors on
24 (insert date) the .... day of .... there was registered by us
25 in the said election precinct the names which appear on the
26 registration records, and that the number of voters
27 registered and qualified was and is the number .....
28 .... (Judge of Registration)
29 .... (Deputy Registrar)
30 .... (Deputy Registrar)
31 Date ....."
32 (Source: Laws 1959, p. 1919.)
33 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
-84- LRB9102308MWgc
1 Sec. 5-9. Except as herein provided, no person shall be
2 registered unless he applies in person to a registration
3 officer, answers such relevant questions as may be asked of
4 him by the registration officer, and executes the affidavit
5 of registration or submits a valid voter registration
6 application under the provisions of Article 3A. The
7 registration officer shall require the applicant to furnish
8 two forms of identification, and except in the case of a
9 homeless individual, one of which must include his or her
10 residence address. These forms of identification shall
11 include, but not be limited to, any of the following:
12 driver's license, social security card, public aid
13 identification card, utility bill, employee or student
14 identification card, credit card, or a civic, union or
15 professional association membership card. The registration
16 officer shall require a homeless individual to furnish
17 evidence of his or her use of the mailing address stated.
18 This use may be demonstrated by a piece of mail addressed to
19 that individual and received at that address or by a
20 statement from a person authorizing use of the mailing
21 address. The registration officer shall require each
22 applicant for registration to read or have read to him the
23 affidavit of registration before permitting him to execute
24 the affidavit.
25 One of the Deputy Registrars, the Judge of Registration,
26 or an Officer of Registration, County Clerk, or clerk in the
27 office of the County Clerk, shall administer to all persons
28 who shall personally apply to register the following oath or
29 affirmation:
30 "You do solemnly swear (or affirm) that you will fully
31 and truly answer all such questions as shall be put to you
32 touching your place of residence, name, place of birth, your
33 qualifications as an elector and your right as such to
34 register and vote under the laws of the State of Illinois."
-85- LRB9102308MWgc
1 The Registration Officer shall satisfy himself that each
2 applicant for registration is qualified to register before
3 registering him. If the registration officer has reason to
4 believe that the applicant is a resident of a Soldiers' and
5 Sailors' Home or any facility which is licensed or certified
6 pursuant to the Nursing Home Care Act, the following question
7 shall be put, "When you entered the home which is your
8 present address, was it your bona fide intention to become a
9 resident thereof?" Any voter of a township, city, village or
10 incorporated town in which such applicant resides, shall be
11 permitted to be present at the place of precinct
12 registration, and shall have the right to challenge any
13 applicant who applies to be registered.
14 In case the officer is not satisfied that the applicant
15 is qualified, he shall forthwith in writing notify such
16 applicant to appear before the County Clerk to furnish
17 further proof of his qualifications. Upon the application
18 form card of such applicant shall be written the word
19 "Incomplete" and no such applicant shall be permitted to vote
20 unless such registration is satisfactorily completed as
21 hereinafter provided. No registration shall be taken and
22 marked as "incomplete" if information to complete it can be
23 furnished on the date of the original application.
24 Any person claiming to be an elector in any election
25 precinct in such township, city, village or incorporated town
26 and whose registration application is marked "Incomplete" may
27 make and sign an application in writing, under oath, to the
28 County Clerk in substance in the following form:
29 "I do solemnly swear that I, .........., did on (insert
30 date) ........... make application to the Board of Registry
31 of the ........ precinct of ........ ward of the City of ....
32 or of the ......... District ......... Town of .......... (or
33 to the County Clerk of .............) and ............
34 County; that said Board or Clerk refused to complete my
-86- LRB9102308MWgc
1 registration as a qualified voter in said precinct, that I
2 reside in said precinct (or that I intend to reside in said
3 precinct), am a duly qualified voter and entitled to vote in
4 said precinct at the next election.
5 ...........................
6 (Signature of Applicant)"
7 All such applications shall be presented to the County
8 Clerk by the applicant, in person between the hours of nine
9 o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
10 the third week subsequent to the weeks in which the 1961 and
11 1962 precinct re-registrations are to be held, and thereafter
12 for the registration provided in Section 5-17 of this
13 Article, all such applications shall be presented to the
14 County Clerk by the applicant in person between the hours of
15 nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday
16 of the third week prior to the date on which such election is
17 to be held.
18 Any otherwise qualified person who is absent from his
19 county of residence either due to business of the United
20 States or because he is temporarily outside the territorial
21 limits of the United States may become registered by mailing
22 an application as provided in Section 3A-3 to the county
23 clerk within the periods of registration provided for in this
24 Article or by simultaneous application for absentee
25 registration and absentee ballot as provided in Article 20 of
26 this Code.
27 Upon receipt of such application the county clerk shall
28 immediately mail an affidavit of registration in duplicate,
29 which affidavit shall contain the following and such other
30 information as the State Board of Elections may think it
31 proper to require for the identification of the applicant:
32 Name. The name of the applicant, giving surname and
33 first or Christian name in full, and the middle name or the
34 initial for such middle name, if any.
-87- LRB9102308MWgc
1 Sex.
2 Residence. The name and number of the street, avenue or
3 other location of the dwelling, and such additional clear and
4 definite description as may be necessary to determine the
5 exact location of the dwelling of the applicant. Where the
6 location cannot be determined by street and number, then the
7 Section, congressional township and range number may be used,
8 or such other information as may be necessary, including post
9 office mailing address.
10 Term of residence in the State of Illinois and the
11 precinct.
12 Nativity. The State or country in which the applicant
13 was born.
14 Citizenship. Whether the applicant is native born or
15 naturalized. If naturalized, the court, place and date of
16 naturalization.
17 Age. Date of birth, by month, day and year.
18 Out of State address of ..........................
19 AFFIDAVIT OF REGISTRATION
20 State of .........)
21 )ss
22 County of ........)
23 I hereby swear (or affirm) that I am a citizen of the
24 United States; that on the day of the next election I shall
25 have resided in the State of Illinois for 6 months and in the
26 election precinct 30 days; that I am fully qualified to vote,
27 that I am not registered to vote anywhere else in the United
28 States, that I intend to remain a resident of the State of
29 Illinois and of the election precinct, that I intend to
30 return to the State of Illinois, and that the above
31 statements are true.
32 ..............................
33 (His or her signature or mark)
34 Subscribed and sworn to before me, an officer qualified
-88- LRB9102308MWgc
1 to administer oaths, this ...... day of ..... 19 ...
2 ........................................
3 Signature of officer administering oath.
4 Upon receipt of the executed duplicate affidavit of
5 Registration, the county clerk shall transfer the information
6 contained thereon to duplicate Registration Cards provided
7 for in Section 5-7 of this Article and shall attach thereto a
8 copy of each of the duplicate affidavit of registration and
9 thereafter such registration card and affidavit shall
10 constitute the registration of such person the same as if he
11 had applied for registration in person.
12 (Source: P.A. 86-820; 87-1241; revised 10-20-98.)
13 (10 ILCS 5/5-10) (from Ch. 46, par. 5-10)
14 Sec. 5-10. Pursuant to Section 3A-9 of this Code the
15 election authority may from time to time but in no case
16 within 120 days before a general primary election or general
17 election canvass some or all of the voters in its
18 jurisdiction to confirm their addresses. If fewer than all
19 of the voters in the jurisdiction are selected to be
20 canvassed, the selection criteria shall be nondiscriminatory
21 with respect to race, creed, ethnic origin, political party
22 preference, and gender.
23 The two Deputy Registrars provided by this Article 5 for
24 re-registration in each precinct shall be the canvassers of
25 the precinct for which they are appointed.
26 The County Clerk shall furnish to each Deputy Registrar a
27 blank book which shall be named "Verification List", each
28 page of which shall be ruled into columns, and to be marked
29 thus:
30 .............................................................
31 Write name of street on this line ...........................
32 .............................................................
33 Names Registered
-89- LRB9102308MWgc
1 .............................................................
2 House Miss Remarks
3 .........................
4 Number Last Name First Name Initial Mrs. "OK," moved or died
5 .............................................................
6 Such book shall contain pages sufficient to allow listing
7 of all names on the registration records record card by
8 street, avenue, alley, drive, lane, road and court in the
9 precinct in question. During the progress of the 3rd
10 re-registration, or immediately thereafter, each Deputy
11 Registrar shall transfer all the names upon the registration
12 record cards to such verification list; arranging them
13 according to streets, avenues, alleys, drives, lanes, roads
14 or courts, beginning with the lowest residence number, and
15 placing them numerically, as near as possible, from the
16 lowest up to the highest number, starting each street,
17 avenue, alley, drive, lane, road and court upon a separate
18 sheet.
19 They shall first write the name of such street, avenue,
20 alley, lane, road or court at the top of the page, and then
21 proceed to transfer the names of such "Verification Lists"
22 according to the street numbers as above indicated.
23 If, during either day of the 1961 and 1962 precinct
24 re-registration, any registered voter of the township, city,
25 village or incorporated town shall come before the Deputy
26 Registrars and the Judge of Registration and make an oath
27 that he believes that any particular person whose name has
28 been entered upon the registry is not a qualified voter, such
29 fact shall be noted; and after the completion of such
30 "Verification Lists" one of the Registrars, or Judge of
31 Registration, shall make a cross or check mark in ink
32 opposite such name. If said Deputy Registrars or the Judge of
33 Registration know any person so complained of is a qualified
34 voter and believe that such complaint was made only to vex or
-90- LRB9102308MWgc
1 harass such qualified voter, then such name shall be placed
2 upon such lists without such cross or check mark, but such
3 cross or check mark shall be placed upon such lists in case
4 either of the Registrars or the Judge of Registration
5 desires.
6 (Source: Laws 1959, p. 1919.)
7 (10 ILCS 5/5-11) (from Ch. 46, par. 5-11)
8 Sec. 5-11. At a time designated by the election authority
9 Upon the Wednesday, Thursday and Friday following the last
10 day of precinct registration, if so much time is required,
11 the two Deputy Registrars shall go together and canvass the
12 precinct for which they have been appointed, calling at each
13 dwelling place as indicated upon said "Verification Lists";
14 and if they shall find that any person whose name appears
15 upon their "Verification Lists" does not reside at the place
16 designated thereupon, they shall make a notation in the
17 column headed "Remarks" as follows: "Not Found", "Died", or
18 "Moved", as the case may be, indicating that such person does
19 not reside at such place.
20 Whenever deemed necessary by the canvassers, or either of
21 them, he, she, or they may demand of the person having
22 command of the police in such precinct to furnish a
23 policeman, to accompany them and protect them in the
24 performance of their duties; and it shall be the duty of the
25 person having command of the police in such precinct to
26 furnish a policeman for such purpose.
27 In making such canvass no person shall refuse to answer
28 questions and give the information asked for and known to him
29 or her, or shall wilfully and knowingly give false
30 information, or make false statements. In making such canvass
31 said canvassers shall make special inquiry at the residence
32 or place designated on the said verification books, as to all
33 persons registered as qualified voters, and shall receive
-91- LRB9102308MWgc
1 information from judges of election, party canvassers, or
2 other persons.
3 (Source: Laws 1963, p. 2532.)
4 (10 ILCS 5/5-12) (from Ch. 46, par. 5-12)
5 Sec. 5-12. Immediately upon the completion of canvass,
6 said canvassers, or one of them, shall sign a notice and send
7 the same through the United States mail, duly stamped, to the
8 address given on the verification books, or in the case of
9 homeless individuals, to their mailing address, of all
10 persons in connection with whose names they have made a
11 notation indicating that they do not reside at such place.,
12 which notice shall require such persons to appear before the
13 Board of Revision, composed of said canvassers and the judge
14 of registration, on the Monday and Tuesday following
15 completion of the canvass, giving the time and place of such
16 session, to show cause why his or her name should not be
17 erased from the registry of the precinct in question. Proper
18 blanks and postage stamps shall be furnished for this purpose
19 to the canvassers by said County Clerk. A personal notice
20 shall also be served by the canvassers at the time such
21 canvass is being made, by leaving the same with the party, if
22 found, or if he or she is not found at the place designated
23 in such verification books, by leaving the same at such
24 address, if there be such place. Such notice, to be sent
25 through the mail, must be mailed not later than 10 o'clock
26 p.m. of Thursday of the week of such canvass.
27 Proper blank notices and postage shall be furnished for
28 this purpose to the canvassers by the election authority.
29 This notice shall be a non-forwardable, forwarding-address
30 requested mailing to be returned to the election authority.
31 If the notice is returned as not deliverable to the voter at
32 the address provided on the registration form, the election
33 authority shall take one of the actions detailed in Section
-92- LRB9102308MWgc
1 3A-9, as circumstances require.
2 If sufficient postage stamps are not delivered to the
3 canvassers by the election authority County Clerk for the
4 purpose aforesaid, then anyone may furnish such postage
5 stamps to such canvassers for the purpose or such canvassers
6 may procure the same at their own expense and afterwards
7 render an account therefor to the election authority County
8 Clerk, duly sworn to, and the election authority County Clerk
9 County Clerk,
11 upon application, shall deliver to such canvassers postage
12 stamps sufficient for the purpose aforesaid.
13 The registration officers shall make their returns to the
14 election authority County Clerk not later than noon of the
15 day following the last day of the canvass of the registration
16 as established by the election authority provided by this
17 Section.
18 The election authority County Clerk when complaint is
19 made to him shall investigate the action of such canvassers
20 and shall cause them or either of them to be prosecuted
21 criminally for such wilful neglect of duty.
22 (Source: P.A. 87-1241.)
23 (10 ILCS 5/5-13) (from Ch. 46, par. 5-13)
24 Sec. 5-13. The canvassers, or one of them, shall prepare
25 a list of the names of the parties designated as aforesaid,
26 and to whom such notice has been sent, given, or left at the
27 address, and make and attach his, her, or their affidavit or
28 affidavits thereto stating that notice, duly stamped, was
29 mailed to each of the said parties at the places designated
30 on said list, on or before 10 o'clock p. m. of the Thursday
31 following the canvass, and that notice was also personally
32 left at the said address of each of said parties named in
33 said lists so attached, if there be such address and
-93- LRB9102308MWgc
1 indicating the date and approximate time of the mailing.
2 Blank affidavit forms shall be furnished by the election
3 authority County Clerk for the purpose aforesaid.; but if
4 none are furnished, such canvassers shall cause the same to
5 be drawn, and they shall swear to such affidavit before the
6 Judge of Registration of such precinct or County Clerk, or
7 one of his Deputies.
8 Either of the canvassers shall have the power and right
9 of both in the matter pertaining to such canvass; but in case
10 either refuses or neglects to make such canvass as aforesaid,
11 then the other may make such canvass alone.
12 In case of the temporary disability upon the part of
13 either canvasser, the remaining canvasser shall appoint a
14 temporary canvasser who shall represent and be affiliated
15 with the same political party as the canvasser whose place is
16 being filled, and shall administer to him the usual oath of
17 office for canvassers. Such temporary canvasser shall perform
18 all the duties of the office until the disability of the
19 regular canvasser is removed.
20 (Source: Laws 1963, p. 2532.)
21 (10 ILCS 5/5-14) (from Ch. 46, par. 5-14)
22 Sec. 5-14. Either of the canvassers shall, at the end of
23 the canvass, return the "Verification Lists" to the County
24 Clerk and a certificate of the correctness of such return.
25 Immediately after receipt of such Verification Lists, the
26 County Clerk shall cause copies to be printed in plain large
27 type in sufficient numbers to meet all demands, and upon
28 application, a copy of the same shall be given to any person
29 applying therefor. All records concerning the implementation
30 of the canvass, including lists of the names and addresses of
31 those canvassed and to whom subsequent notices were sent and
32 information concerning whether or not each such person
33 responded to the notice shall be maintained for at least 2
-94- LRB9102308MWgc
1 years and shall be made available for public inspection.
2 Thereafter A list of registered voters in each precinct shall
3 be compiled by the election authority within 28 days County
4 clerk, prior to the General Election to be held in November
5 of each even numbered year. On the list, the County Clerk
6 shall indicate, by italics, asterisk, or other means, the
7 names of all persons who have registered since the last
8 regularly scheduled election in the consolidated schedule of
9 elections established in Section 2A-1.1 of this Act.
10 When the list of registered voters in each precinct is
11 compiled, the County Clerk shall give a copy of it to the
12 chairman of a county central committee of an established
13 political party, as such party is defined in Section 10-2 of
14 this Act, or to the chairman's duly authorized
15 representative. Within 30 days of the effective date of this
16 Amendatory Act of 1983, the County Clerk shall give the list
17 of registered voters in each precinct that was compiled prior
18 to the general November election of 1982 to the chairman of a
19 county central committee of an established political party or
20 to the chairman's duly authorized representative.
21 Within 60 days after each general election the county
22 clerk shall indicate by italics, asterisk, or other means, on
23 the list of registered voters in each precinct, each
24 registrant who voted at that general election, and shall
25 provide a copy of such list to the chairman of the county
26 central committee of each established political party or to
27 the chairman's duly authorized representative.
28 Within 60 days after the effective date of this
29 amendatory Act of 1983, the county clerk shall indicate by
30 italics, asterisk, or other means, on the list of registered
31 voters in each precinct, each registrant who voted at the
32 general election of 1982, and shall provide a copy of such
33 coded list to the chairman of the county central committee of
34 each established political party or to the chairman's duly
-95- LRB9102308MWgc
1 authorized representative.
2 The county clerk may charge a fee to reimburse the actual
3 cost of duplicating each copy of a list provided under
4 either of the 2 preceding paragraph paragraphs.
5 (Source: P.A. 83-1263.)
6 (10 ILCS 5/5-16) (from Ch. 46, par. 5-16)
7 Sec. 5-16. A docket of all applications to the County
8 Clerk, whether such application shall be made for the purpose
9 of being registered, or restored, or for the purpose of
10 erasing a name on the register or for completing registration
11 shall be made out in the order of the towns, wards,
12 districts, precincts as the case may be. The County Clerk
13 shall sit to hear such applications between the hours of ten
14 o'clock a. m. and nine o'clock p. m. on Thursday, Friday and
15 Saturday of the third week preceding the week in which such
16 April 10, 1962 Primary Election is to be held, and thereafter
17 the County Clerk shall sit to hear such applications between
18 the hours of ten o'clock a. m. and nine o'clock p. m. on
19 Thursday, Friday and Saturday of the second week prior to the
20 week in which any county, city, town, village or incorporated
21 town election is to be held. At the request of either party
22 to such applications, the Clerk shall issue subpoenas to
23 witnesses to appear at such hearings, and Witnesses may be
24 sworn and examined upon the hearing of said applications.
25 Each person appearing in response to an application to have a
26 name erased shall deliver to the County Clerk a written
27 affidavit, which shall be, in substance, in the words and
28 figures following:
29 "I do solemnly swear that I am a citizen of the United
30 States; that I do reside and have resided in the State of
31 Illinois since (insert date) the .... day of .... and in the
32 county of .... in said State, since (insert date) the ....
33 day of .... and in the .... precinct of the .... ward, in the
-96- LRB9102308MWgc
1 city, village or incorporated town of .... or in the ....
2 district town of .... in said county and State, since (insert
3 date) the .... day of .... and that I am .... years of age;
4 that I am the identical person registered in said precinct
5 under the name I subscribe hereto."
6 This answer shall be signed and sworn to or affirmed
7 before any person authorized to administer oaths or
8 affirmations. The decision on each application shall be
9 announced at once after hearing, and a minute made thereof,
10 and when an application to be registered or to be restored to
11 such register or to complete registration shall be allowed,
12 the said County Clerk shall cause a minute to be made upon
13 the original and any duplicate registration record forms
14 records withdrawn.
15 All applications under this Section and hearings as
16 hereinafter provided may be heard by deputy county clerks
17 specially designated by the County Clerk for this purpose,
18 and a decision by such deputies so designated, shall become
19 the decision of the County Clerk, upon approval by the County
20 Clerk.
21 (Source: P.A. 80-1469.)
22 (10 ILCS 5/5-16.1) (from Ch. 46, par. 5-16.1)
23 Sec. 5-16.1. In addition to registration at the office of
24 the county clerk and at the offices of municipal and township
25 clerks, each county subject to this Article shall provide for
26 the following methods of registration:
27 (1) The appointment of deputy registrars as provided in
28 Section 5-16.2;
29 (2) The establishment of temporary places of
30 registration as provided in Section 5-16.3;.
31 (3) Registration by mail as provided in Sections 3A-4
32 and 5-16.4;
33 (4) Registration by certain employees of Public Service
-97- LRB9102308MWgc
1 Agencies as provided in Section 3A-5; and
2 (5) Registration by certain employees of the Secretary
3 of State as provided in Section 3A-6.
4 Each county subject to this Article may provide for
5 precinct registration pursuant to Section 5-17.
6 (Source: P.A. 83-1059.)
7 (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
8 Sec. 5-16.2. (a) The county clerk shall appoint all
9 municipal and township clerks or their duly authorized
10 deputies as deputy registrars who may accept the registration
11 of all qualified residents of their respective counties. A
12 deputy registrar serving as such by virtue of his status as a
13 municipal clerk, or a duly authorized deputy of a municipal
14 clerk, of a municipality the territory of which lies in more
15 than one county may accept the registration of any qualified
16 resident of any county in which the municipality is located,
17 regardless of which county the resident, municipal clerk or
18 the duly authorized deputy of the municipal clerk lives in.
19 The county clerk shall appoint all precinct
20 committeepersons in the county as deputy registrars who may
21 accept the registration of any qualified resident of the
22 county, except during the 28 days preceding an election.
23 The election authority shall appoint as deputy registrars
24 a reasonable number of employees of the Secretary of State
25 located at driver's license examination stations and
26 designated to the election authority by the Secretary of
27 State who may accept the registration of any qualified
28 residents of the county at any such driver's license
29 examination stations. The appointment of employees of the
30 Secretary of State as deputy registrars shall be made in the
31 manner provided in Section 2-105 of the Illinois Vehicle
32 Code.
33 The county clerk shall appoint each of the following
-98- LRB9102308MWgc
1 named persons as deputy registrars upon the written request
2 of such persons:
3 1. The chief librarian, or a qualified person
4 designated by the chief librarian, of any public library
5 situated within the election jurisdiction, who may accept
6 the registrations of any qualified resident of the
7 county, at such library.
8 2. The principal, or a qualified person designated
9 by the principal, of any high school, elementary school,
10 or vocational school situated within the election
11 jurisdiction, who may accept the registrations of any
12 resident of the county, at such school. The county clerk
13 shall notify every principal and vice-principal of each
14 high school, elementary school, and vocational school
15 situated within the election jurisdiction of their
16 eligibility to serve as deputy registrars and offer
17 training courses for service as deputy registrars at
18 conveniently located facilities at least 4 months prior
19 to every election.
20 3. The president, or a qualified person designated
21 by the president, of any university, college, community
22 college, academy or other institution of learning
23 situated within the election jurisdiction, who may accept
24 the registrations of any resident of the county, at such
25 university, college, community college, academy or
26 institution.
27 4. A duly elected or appointed official of a bona
28 fide labor organization, or a reasonable number of
29 qualified members designated by such official, who may
30 accept the registrations of any qualified resident of the
31 county.
32 5. A duly elected or appointed official of a bona
33 fide State civic organization, as defined and determined
34 by rule of the State Board of Elections, or qualified
-99- LRB9102308MWgc
1 members designated by such official, who may accept the
2 registration of any qualified resident of the county. In
3 determining the number of deputy registrars that shall be
4 appointed, the county clerk shall consider the population
5 of the jurisdiction, the size of the organization, the
6 geographic size of the jurisdiction, convenience for the
7 public, the existing number of deputy registrars in the
8 jurisdiction and their location, the registration
9 activities of the organization and the need to appoint
10 deputy registrars to assist and facilitate the
11 registration of non-English speaking individuals. In no
12 event shall a county clerk fix an arbitrary number
13 applicable to every civic organization requesting
14 appointment of its members as deputy registrars. The
15 State Board of Elections shall by rule provide for
16 certification of bona fide State civic organizations.
17 Such appointments shall be made for a period not to
18 exceed 2 years, terminating on the first business day of
19 the month following the month of the general election,
20 and shall be valid for all periods of voter registration
21 as provided by this Code during the terms of such
22 appointments.
23 6. (Blank) The Director of the Illinois Department
24 of Public Aid, or a reasonable number of employees
25 designated by the Director and located at public aid
26 offices, who may accept the registration of any qualified
27 resident of the county at any such public aid office.
28 7. The Director of the Illinois Department of
29 Employment Security, or a reasonable number of employees
30 designated by the Director and located at unemployment
31 offices, who may accept the registration of any qualified
32 resident of the county at any such unemployment office.
33 8. The president of any corporation as defined by
34 the Business Corporation Act of 1983, or a reasonable
-100- LRB9102308MWgc
1 number of employees designated by such president, who may
2 accept the registrations of any qualified resident of the
3 county.
4 If the request to be appointed as deputy registrar is
5 denied, the county clerk shall, within 10 days after the date
6 the request is submitted, provide the affected individual or
7 organization with written notice setting forth the specific
8 reasons or criteria relied upon to deny the request to be
9 appointed as deputy registrar.
10 The county clerk may appoint as many additional deputy
11 registrars as he considers necessary. The county clerk shall
12 appoint such additional deputy registrars in such manner that
13 the convenience of the public is served, giving due
14 consideration to both population concentration and area.
15 Some of the additional deputy registrars shall be selected so
16 that there are an equal number from each of the 2 major
17 political parties in the election jurisdiction. The county
18 clerk, in appointing an additional deputy registrar, shall
19 make the appointment from a list of applicants submitted by
20 the Chairman of the County Central Committee of the
21 applicant's political party. A Chairman of a County Central
22 Committee shall submit a list of applicants to the county
23 clerk by November 30 of each year. The county clerk may
24 require a Chairman of a County Central Committee to furnish a
25 supplemental list of applicants.
26 Deputy registrars may accept registrations at any time
27 other than the 28 day period preceding an election. All
28 persons appointed as deputy registrars shall be registered
29 voters within the county and shall take and subscribe to the
30 following oath or affirmation:
31 "I do solemnly swear (or affirm, as the case may be) that
32 I will support the Constitution of the United States, and the
33 Constitution of the State of Illinois, and that I will
34 faithfully discharge the duties of the office of deputy
-101- LRB9102308MWgc
1 registrar to the best of my ability and that I will register
2 no person nor cause the registration of any person except
3 upon his personal application before me.
4 ...............................
5 (Signature of Deputy Registrar)"
6 This oath shall be administered by the county clerk, or
7 by one of his deputies, or by any person qualified to take
8 acknowledgement of deeds and shall immediately thereafter be
9 filed with the county clerk.
10 Appointments of deputy registrars under this Section,
11 except precinct committeemen, shall be for 2-year terms,
12 commencing on December 1 following the general election of
13 each even-numbered year, except that the terms of the initial
14 appointments shall be until December 1st following the next
15 general election. Appointments of precinct committeemen
16 shall be for 2-year terms commencing on the date of the
17 county convention following the general primary at which they
18 were elected. The county clerk shall issue a certificate of
19 appointment to each deputy registrar, and shall maintain in
20 his office for public inspection a list of the names of all
21 appointees.
22 (b) The county clerk shall be responsible for training
23 all deputy registrars appointed pursuant to subsection (a),
24 at times and locations reasonably convenient for both the
25 county clerk and such appointees. The county clerk shall be
26 responsible for certifying and supervising all deputy
27 registrars appointed pursuant to subsection (a). Deputy
28 registrars appointed under subsection (a) shall be subject to
29 removal for cause.
30 (c) Completed registration materials under the control
31 of deputy registrars, appointed pursuant to subsection (a),
32 shall be returned to the proper election authority within 7
33 days, except that completed registration materials received
34 by the deputy registrars during the period between the 35th
-102- LRB9102308MWgc
1 and 29th day preceding an election shall be returned by the
2 deputy registrars to the proper election authority within 48
3 hours after receipt thereof. The completed registration
4 materials received by the deputy registrars on the 29th day
5 preceding an election shall be returned by the deputy
6 registrars within 24 hours after receipt thereof. Unused
7 materials shall be returned by deputy registrars appointed
8 pursuant to paragraph 4 of subsection (a), not later than the
9 next working day following the close of registration.
10 (d) The county clerk shall not be required to provide
11 additional forms to any deputy registrar having more than 200
12 registration forms unaccounted for during the preceding 12
13 month period.
14 (e) No deputy registrar shall engage in any
15 electioneering or the promotion of any cause during the
16 performance of his or her duties.
17 (f) The county clerk shall not be criminally or civilly
18 liable for the acts or omissions of any deputy registrar.
19 Such deputy registers shall not be deemed to be employees of
20 the county clerk.
21 (Source: P.A. 89-653, eff. 8-14-96.)
22 (10 ILCS 5/5-16.4 new)
23 Sec. 5-16.4. In addition to registration conducted by
24 the registration officer or deputy registrar, the election
25 authority shall make Voter Registration Applications as
26 provided in Section 3A-3 available in private and
27 governmental locations throughout the jurisdiction in
28 sufficient numbers for the convenience of persons desiring to
29 apply for voter registration by mail. Such locations shall
30 be selected by the election authority in a nondiscriminatory
31 manner. The forms shall be suitable for mailing though may
32 not necessarily bear postage. Instructions for completion of
33 the application shall be attached and shall be as prescribed
-103- LRB9102308MWgc
1 by rule of the State Board of Elections. The voter
2 registration application dispenser or holder shall bear a
3 uniform logo designed by the State Board of Elections to
4 identify the use of the forms.
5 (10 ILCS 5/5-19) (from Ch. 46, par. 5-19)
6 Sec. 5-19. Only persons residing within the corporate
7 limits of a city, village or incorporated town wherein this
8 Article 5 is in effect, shall be permitted to register in the
9 office of the clerk of the respective city, village or
10 incorporated town in which they reside and then only during
11 the periods provided by Section 5-5 of this Article 5.
12 Within 24 hours after a person has registered in the
13 office of the clerk of a city, village or incorporated town,
14 the said clerk shall transmit by mail or cause to be
15 delivered to the County Clerk the registration application
16 forms original and duplicate registration cards of the person
17 who has registered in his office.
18 Only persons who reside within the limits of a town in a
19 county wherein this Article 5 is in effect shall be permitted
20 to register in the office of the town clerk of the respective
21 towns in which they reside and then only during the periods
22 provided by Section 5-5 of this Article 5.
23 Within 24 hours after a person not residing within the
24 corporate limits of a city, village or incorporated town has
25 registered in the office of a town clerk, the town clerk
26 shall transmit by mail or cause to be delivered to the county
27 clerk the registration application forms original and
28 duplicate cards of the person who has registered in his
29 office. Within 24 hours after a person who resides within the
30 limits of a city, village or incorporated town has registered
31 in the office of a town clerk, the town clerk shall transmit
32 by mail or cause to be delivered the registration application
33 forms original and duplicate cards of the person so
-104- LRB9102308MWgc
1 registered to the county clerk.
2 Any person residing in the territory wherein this Article
3 5 is in effect, may register in the office of the county
4 clerk during the hours, and within the periods provided by
5 Section 5-5 of this Article 5.
6 (Source: P.A. 80-1469.)
7 (10 ILCS 5/5-20) (from Ch. 46, par. 5-20)
8 Sec. 5-20. Registrations under the above section shall be
9 made in the manner provided by Sections 5-7 and 5-9, but
10 electors whose registrations are marked "Incomplete" may make
11 the applications provided by Section 5-9 only on Monday and
12 Tuesday of the third week prior to the week in which the
13 election for officers, for which they are permitted to vote,
14 is to be held. The subsequent procedure with reference to
15 said applications cards shall be the same as that provided
16 for voters registering under Section 5-19 except that the
17 election referred to shall be the election at which the
18 applicant would be permitted to vote if otherwise qualified.
19 (Source: Laws 1949, p. 855.)
20 (10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
21 Sec. 5-21. To each person who registers at the office of
22 the county, city, village, incorporated town or town clerk,
23 or any place designated by the Board of County Commissioners
24 under Section 5-17 of Article 5 and within five days
25 thereafter, the County Clerk shall send by mail a Disposition
26 of Registration as provided for in Section 3A-7 notice
27 setting forth the elector's name and address as it appears on
28 the voter registration application. record card, and shall
29 request him in case of any error to present the notice on or
30 before the seventh day next ensuing at the office of the
31 County Clerk in order to secure the correction of the error.
32 Such notice shall contain on the outside a request for the
-105- LRB9102308MWgc
1 postmaster to return it within five days if it cannot be
2 delivered to the addressee at the address given thereon. Upon
3 the return by the post office of such notice which it has
4 been unable to deliver at the given address because the
5 addressee cannot be found there, a notice shall be at once
6 sent through the United States mail to such person at the
7 address appearing upon his registration record card requiring
8 him to appear before the County Clerk, within five days, to
9 answer questions touching his right to register. If the
10 person notified fails to appear at the County Clerk's office
11 within five days as directed or if he appears and fails to
12 prove his right to register, the County Clerk shall cancel
13 his registration.
14 (Source: P.A. 80-1469.)
15 (10 ILCS 5/5-22) (from Ch. 46, par. 5-22)
16 Sec. 5-22. As soon as possible after the precinct
17 registration held under Section 5-6 and again after the
18 registrations provided by Section 5-17 of this Article 5, the
19 County Clerk shall require all city, village and incorporated
20 town clerks to call at his office and shall give written and
21 verbal instructions relative to duties under this Article 5
22 to all city, village and incorporated town clerks, and shall
23 also supply them with, and get their receipts for blank
24 registration application forms cards to enable them to
25 perform their duties with respect to the registration of
26 voters in their offices under Section 5-19 of this Article 5.
27 As soon as possible after the precinct registration held
28 under Section 5-6 of this Article, the County Clerk shall
29 require all town clerks to appear at his office at which time
30 he shall give them verbal and written instructions relative
31 to their duties under this Article 5, and at the same time he
32 shall also supply them with and get their receipts for blank
33 registration application forms cards to enable them to
-106- LRB9102308MWgc
1 perform their duties with respect to the registration of
2 voters in their offices under Section 5-19 of this Article 5.
3 (Source: P.A. 80-1469.)
4 (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
5 Sec. 5-23. Any registered voter who changes his residence
6 from one address, number or place to another within the same
7 county wherein this Article 5 is in effect, may have his
8 registration transferred to his new address by making and
9 signing an application for such change of residence upon a
10 form to be provided by the county clerk. Such application
11 must be made to the office of the county clerk. In case the
12 person is unable to sign his name the county clerk shall
13 require such person to execute the request in the presence of
14 the county clerk or of his properly authorized
15 representative, by his mark, and if satisfied of the identity
16 of the person, the county clerk shall make the transfer.
17 Upon receipt of such application, the county clerk, or
18 one of his employees deputized to take registrations shall
19 cause the signature of the voter and the data appearing upon
20 the application to be compared with the signature and data on
21 the existing Voter Registration Application registration
22 record, and if it appears that the applicant is the same
23 person as the party previously registered under that name the
24 transfer shall be made.
25 Transfer of registration under the provisions of this
26 Section may not be made within the period when the county
27 clerk's office is closed to registration prior to an election
28 at which such voter would be entitled to vote, except that
29 transfers of registration made by mail shall be deemed as
30 timely submitted if postmarked prior to the 28 days preceding
31 any election or if the postmark is illegible or not in
32 evidence received in the office of the county clerk no later
33 than 5 calendar days after the close of registration.
-107- LRB9102308MWgc
1 Any registered voter who changes his or her name by
2 marriage or otherwise, shall be required to register anew and
3 authorize the cancellation of the previous registration;
4 provided, however, that if the change of name takes place
5 within a period during which such new registration cannot be
6 made, next preceding any election or primary, the elector
7 may, if otherwise qualified, vote upon making the following
8 affidavit before the judges of election:
9 I do solemnly swear that I am the same person now
10 registered in the .... precinct of the .... ward of the city
11 of .... or .... District Town of .... under the name of ....
12 and that I still reside in said precinct or district.
13 (Signed) ....
14 When a removal of a registered voter takes place from one
15 address to another within the same election jurisdiction
16 precinct within a period during which such transfer of
17 registration cannot be made, before any election or primary,
18 he shall be entitled to vote upon presenting to the judges of
19 election an affidavit of a change and having said affidavit
20 supported by the affidavit of a qualified voter of the same
21 election jurisdiction precinct.
22 Suitable forms for this purpose shall be provided by the
23 county clerk. The form in all cases shall be similar to the
24 form furnished by the county clerk for county and state
25 elections.
26 The precinct election officials shall report to the
27 county clerk the names and addresses of all such persons who
28 have changed their addresses and voted. The city, village,
29 town and incorporated town clerks shall within 5 five days
30 after every election report to the county clerk the names and
31 addresses of the persons reported to them as having voted by
32 affidavit as in this section provided.
33 The county clerk may obtain information from utility
34 companies, city, village, town and incorporated town records,
-108- LRB9102308MWgc
1 the post office or from other sources regarding the change of
2 address removal of registered voters and notify such voters
3 that a transfer of registration may be made in the manner
4 provided by this section.
5 If any person be registered by error in a precinct other
6 than that in which he resides the county clerk shall be
7 empowered to transfer his registration to the proper
8 precinct.
9 Where a revision or rearrangement of precincts is made by
10 the board of county commissioners, the county clerk shall
11 immediately transfer to the proper precinct the registration
12 of any voter affected by such revision or rearrangement of
13 the precincts; make the proper notations on the registration
14 cards of a voter affected by the revision of registration and
15 shall notify the registrant of such change.
16 (Source: P.A. 80-1469.)
17 (10 ILCS 5/5-25) (from Ch. 46, par. 5-25)
18 Sec. 5-25. The county clerk on his own initiative or upon
19 order of the board of county commissioners shall at all times
20 have authority to conduct investigations in a
21 nondiscriminatory manner investigation and to make canvasses
22 of the registered voters in any precinct canvass or at other
23 times and by other methods than those so prescribed. However,
24 the county clerk shall conduct a verification of voter
25 registrations at least once in every 2 years as prescribed in
26 Section 3A-9 of this Code, and shall cause the cancellation
27 of registration of persons who have ceased to be qualified
28 voters. Such verification shall be accomplished by one of
29 the following methods: (1) precinct canvass conducted by 2
30 qualified persons of opposite party affiliation appointed by
31 the county clerk or (2) written request for verification sent
32 to each registered voter by first class mail, not forwardable
33 or (3) an alternative method of verification submitted in
-109- LRB9102308MWgc
1 writing to and approved by the State Board of Elections at a
2 public meeting not less than 60 days prior to the date which
3 the county clerk has fixed for implementation of that method
4 of verification; provided, that the county clerk shall submit
5 to the State Board of Elections a written statement of the
6 results obtained by use of such alternative method within 30
7 days of completion of the verification. In each precinct one
8 canvasser may be appointed from outside such precinct if not
9 enough other qualified persons who reside within the precinct
10 can be found to serve as canvasser in such precinct. The one
11 canvasser so appointed to serve in any precinct in which he
12 is not entitled to vote prior to the election must be
13 entitled to vote elsewhere within the ward or township which
14 includes within its boundaries the precinct in which such
15 canvasser is appointed and such canvasser must be otherwise
16 qualified. If upon the basis of investigation or canvasses,
17 the county clerk shall be of the opinion that any person
18 registered under this Article 5 is not a qualified voter or
19 has ceased to be a qualified voter, he shall send a notice
20 through the United States mail to such person and follow the
21 procedures set forth in Section 3A-9 of this Code, requiring
22 him to appear before the county clerk for a hearing within
23 ten days after the date of mailing such notice and show cause
24 why his registration shall not be cancelled. If such person
25 fails to appear within such time as provided, his
26 registration shall be cancelled. If such a person does
27 appear, he shall make an affidavit similar in every respect
28 to the affidavit required of applicants under Section 5-16 of
29 this Article 5.
30 (Source: P.A. 81-1535.)
31 (10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
32 Sec. 5-28. The original registration applications record
33 cards shall remain permanently in the office of the county
-110- LRB9102308MWgc
1 clerk except as destroyed as provided in Section 5-6; shall
2 be filed alphabetically with or without regard to precincts,
3 as determined by the county clerk; and shall be known as the
4 master file. An official registry of voters shall be compiled
5 for use in the polling place on election day for all
6 elections subject to the provisions of this Article 5. This
7 registry shall be an alphabetical or geographical listing of
8 all registered voters by precinct so as to correspond with
9 the arrangement of the list for such precincts compiled
10 pursuant to Section 5-14 of this Article and shall be known
11 as the precinct file.
12 The precinct file shall be in the form of a computer
13 printout as provided for in Section 5-28.2 or consist of
14 duplicate registration cards and true duplicates of Voter
15 Registration Applications as provided for in Section 5-28.3.
16 In either instance, it shall be a true and accurate listing
17 of every registered voter for every precinct within the
18 jurisdiction. The duplicate registration record cards shall
19 constitute the official registry of voters for all elections
20 and shall be filed by precincts and townships. The precinct
21 file duplicate cards for use in conducting elections shall be
22 delivered to the judges of election by the county clerk in a
23 suitable binder or other device, which shall be locked and
24 sealed in accordance with the directions to be given by the
25 county clerk and shall also be suitably indexed for
26 convenient use by the precinct officers. The precinct files
27 shall be delivered to the judges of election for use at the
28 polls for elections at the same time as the official ballots
29 are delivered to them, and shall be returned to the county
30 clerk by the judges of election within the time provided for
31 the return of the official ballots. The county clerk shall
32 determine the manner of return and delivery of such file.
33 (Source: P.A. 80-1469.)
-111- LRB9102308MWgc
1 (10 ILCS 5/5-28.2 new)
2 Sec. 5-28.2. All precinct files in the form of a computer
3 printout shall contain the date of the election for which it
4 was generated, the precinct number or other identifier, the
5 number of registered voters in the precinct and such other
6 information as prescribed by rule of the State Board of
7 Elections and shall include but not be limited to the
8 following information concerning each registered voter of the
9 precinct as attested to on the Voter Registration
10 Application: last name, first name and middle name or
11 initial; residence address; date of birth, if provided; sex;
12 and shall include a true duplicate of the voter's signature.
13 Space shall be provided to record voter participation at that
14 election. Reproduction of the voter's signature and its
15 clarity, security and source document shall be in accord with
16 rule of the State Board of Elections and must not be provided
17 for any other purpose. Violation of this signature
18 reproduction restriction shall be a Class 3 felony and any
19 person who is convicted of violating this Section shall be
20 ineligible for public employment for a period of 5 years
21 immediately following the completion of that sentence.
22 (10 ILCS 5/5-28.3 new)
23 Sec. 5-28.3. Precinct files consisting of duplicate
24 registration cards and true duplicates of voter registration
25 applications shall be alphabetically arranged and up-dated
26 prior to each election. Such true duplicates must be clear
27 and of the same size as the original and be true duplicates
28 of the front and back of the original. Rule of the State
29 Board of Elections shall prescribe the weight of paper of the
30 true duplicates and other specifications necessary to ensure
31 a legible and durable precinct file.
32 (10 ILCS 5/5-29) (from Ch. 46, par. 5-29)
-112- LRB9102308MWgc
1 Sec. 5-29. Upon application to vote, except as
2 hereinafter provided for absent electors, each registered
3 elector shall sign his name or make his mark as the case may
4 be, on a certificate substantially as follows:
5 "Certificate of Registered Voter
6 Town of................District or Precinct Number..........;
7 City of................Ward...............Precinct..........;
8 Village of................................Precinct..........;
9 Election.....................................................
10 (date) (month) (year)
11 Registration record
12 Checked by.....................
13 Voter's number..................
14 Instruction to voters
15 Sign this certificate and hand it to the election officer
16 in charge. After the registration record has been checked,
17 the officer will hand it back to you. Whereupon you shall
18 present it to the officer in charge of the ballots.
19 I hereby certify that I am registered from the address
20 below and am qualified to vote.
21 Signature of voter ...............
22 Residence address ..............."
23 An individual shall not be required to provide his social
24 security number when applying for a ballot. He shall not be
25 denied a ballot, nor shall his ballot be challenged, solely
26 because of his refusal to provide his social security number.
27 Nothing in this Act prevents an individual from being
28 requested to provide his social security number when the
29 individual applies for a ballot. If, however, the certificate
30 contains a space for the individual's social security number,
31 the following notice shall appear on the certificate,
32 immediately above such space, in bold-face capital letters,
33 in type the size of which equals the largest type on the
34 certificate:
-113- LRB9102308MWgc
1 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT
2 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY
3 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS
4 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER
5 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER."
6 Certificates as above prescribed shall be furnished by
7 the county clerk for all elections.
8 The Judges in charge of the precinct registration files
9 shall compare the signature upon such certificate with the
10 signature in on the precinct files registration record card
11 as a means of identifying the voter. Unless satisfied by such
12 signature comparison that the applicant to vote is the
13 identical person who is registered under the same name, the
14 Judges shall ask such applicant the questions for
15 identification which appear in on the precinct file
16 registration card and if the applicant does not prove to the
17 satisfaction of a majority of the judges of the election
18 precinct that he is the identical person registered under the
19 name in question then the vote for such applicant shall be
20 challenged by a Judge of Election, and the same procedure
21 followed as provided by law for challenged voters.
22 In case the elector is unable to sign his name, a Judge
23 of Election shall check the data in on the precinct file
24 registration card and shall check the address given, with the
25 registered address, in order to determine whether he is
26 entitled to vote.
27 One of the Judges of election shall check the certificate
28 of each applicant for a ballot after the precinct file
29 registration record has been examined and shall sign his
30 initials on the certificate in the space provided therefor,
31 and shall enter upon such certificate the number of the voter
32 in the place provided therefor, and make an entry in the
33 voting record space in on the precinct file registration
34 record, to indicate whether or not the applicant voted. Such
-114- LRB9102308MWgc
1 judge shall then hand such certificate back to the applicant
2 in case he is permitted to vote, and such applicant shall
3 hand it to the judge of election in charge of the ballots.
4 The certificates of the voters shall be filed in the order in
5 which they are received and shall constitute an official poll
6 record. The term "Poll Lists" and "Poll Books" where used in
7 this Article 5 shall be construed to apply to such official
8 poll records.
9 After each general primary election the county clerk
10 shall indicate by color code or other means next to the name
11 of each registrant on the list of registered voters in each
12 precinct the primary ballot of a political party that the
13 registrant requested at that general primary election. The
14 county clerk, within 60 days after the general primary
15 election, shall provide a copy of this coded list to the
16 chairman of the county central committee of each established
17 political party or to the chairman's duly authorized
18 representative.
19 Within 60 days after the effective date of this
20 amendatory Act of 1983, the county clerk shall provide to the
21 chairman of the county central committee of each established
22 political party or to the chairman's duly authorized
23 representative the list of registered voters in each precinct
24 at the time of the general primary election of 1982 and shall
25 indicate on such list by color code or other means next to
26 the name of a registrant the primary ballot of a political
27 party that the registrant requested at the general primary
28 election of 1982.
29 The county clerk may charge a fee to reimburse the actual
30 cost of duplicating each copy of a list provided under either
31 of the 2 preceding paragraph paragraphs.
32 Where an elector makes application to vote by signing and
33 presenting the certificate provided by this Section, and his
34 name registration record card is not found in the precinct
-115- LRB9102308MWgc
1 file registry of voters, but his name appears as that of a
2 registered voter in such precinct upon the printed precinct
3 list of voters and whose name has not been erased or
4 withdrawn from such register, it shall be the duty of any one
5 of the Judges of Election shall to require an affidavit by
6 such person and two voters residing in the precinct before
7 the judges of election that he is the same person whose name
8 appears upon the precinct register and that he resides in the
9 precinct stating the street number of his residence. Forms
10 for such affidavit shall be supplied by the county clerk for
11 all elections. Upon the making of such affidavit and the
12 presentation of his certificate such elector shall be
13 entitled to vote. All affidavits made under this paragraph
14 shall be preserved and returned to the county clerk in an
15 envelope. It shall be the duty of the county clerk within 30
16 days after such election to take steps provided by Section
17 5-27 of this Article 5 for the execution of new registration
18 affidavits by electors who have voted under the provisions of
19 this paragraph.
20 Provided, however, that the applications for ballots made
21 by registered voters and under the provisions of Article 19
22 of this Code act shall be accepted by the Judges of Election
23 in lieu of the "certificate of registered voter" provided for
24 in this Section.
25 When the county clerk delivers to the judges of election
26 for use at the polls a supplemental or consolidated list of
27 the printed precinct register, he shall give a copy of the
28 supplemental or consolidated list to the chairman of a county
29 central committee of an established political party or to the
30 chairman's duly authorized representative.
31 Whenever two or more elections occur simultaneously, the
32 election authority charged with the duty of providing
33 application certificates may prescribe the form thereof so
34 that a voter is required to execute only one, indicating in
-116- LRB9102308MWgc
1 which of the elections he desires to vote.
2 After the signature has been verified, the judges shall
3 determine in which political subdivisions the voter resides
4 by use of the information contained on the precinct file
5 voter registration cards or the separate registration lists
6 or other means approved by the State Board of Elections and
7 prepared and supplied by the election authority. The voter's
8 certificate shall be so marked by the judges as to show the
9 respective ballots which the voter is given.
10 (Source: P.A. 84-809; 84-832.)
11 (10 ILCS 5/5-36) (from Ch. 46, par. 5-36)
12 Sec. 5-36. In the event that the voters of any city,
13 village or incorporated town (in any county having a
14 population of 500,000 or more) which has adopted Articles 6,
15 14 and 18 of this Act (or the Act of which they are a
16 continuation) shall reject the city election law as provided
17 by said Article 6, it shall not be necessary for the
18 registered voters of said city, so rejecting the city
19 election law to register again under the provisions of this
20 Article 5 unless they are not registered under the 1961 and
21 1962 re-registration provisions.
22 Within twenty-four hours after the Circuit Judge has
23 entered his order declaring Articles 6, 14 and 18 of this Act
24 rejected by the voters of any city, village, or incorporated
25 town, it shall be the duty of the Board of Election
26 Commissioners formerly having jurisdiction over elections
27 held in such city, village or incorporated town to turn over
28 to the County Clerk the original and any duplicate Voter
29 Registration Applications cards of all persons affected by
30 the rejection of the city election law in said city, village
31 or incorporated town; the said Board of Election
32 Commissioners shall also turn over to the County Clerk all
33 forms, papers and other instruments pertaining to the
-117- LRB9102308MWgc
1 registration and election of voters within the said city,
2 village or incorporated town that rejected the city election
3 law, and they shall also cause to be delivered to the clerk
4 of any such city, village or incorporated town that rejected
5 the city election law, all booths and ballot boxes formerly
6 used in conducting elections in said city, village or
7 incorporated town.
8 The original registration applications cards of the
9 voters turned over to the County Clerk by the Board of
10 Election Commissioners shall be placed in a master file
11 together with the registration forms cards of all voters who
12 previously registered under the provisions of this Article 5
13 and said forms cards shall then become part of the official
14 registration record for the county in which this Article 5 is
15 in effect.
16 Precinct files consisting of duplicate cards and true
17 duplicates of Voter Registration Applications The duplicate
18 cards shall be arranged in precinct order and shall be
19 retained in the office of the county clerk for use in
20 conducting State, county and township elections. The precinct
21 file said duplicate cards shall become part of the official
22 registration record for the county in which this Article 5 is
23 in effect.
24 (Source: P.A. 80-1469.)
25 (10 ILCS 5/5-37.1) (from Ch. 46, par. 5-37.1)
26 Sec. 5-37.1. If any area becomes subject to a board of
27 election commissioners by reason of annexation to a city,
28 village or incorporated town subject to such a board or
29 ceases to be subject to a board of election commissioners by
30 reason of disconnection from such a city, village or
31 incorporated town, it shall not be necessary for the
32 registered voters in such area to register again, either
33 under this Article or Article 6.
-118- LRB9102308MWgc
1 As soon as practicable after such annexation or
2 disconnection, the county clerk or board of election
3 commissioners, as the case may be, shall turn over to officer
4 or officers thereafter to be charged with the registration of
5 voters within the area affected (the board of election
6 commissioners or county clerk, as the case may be) the Voter
7 Registration Applications original and duplicate registration
8 cards of all registered voters in the annexed or disconnected
9 area.
10 (Source: Laws 1967, p. 405.)
11 (10 ILCS 5/6-24) (from Ch. 46, par. 6-24)
12 Sec. 6-24. Within 20 days after such first appointment
13 shall be made, such commissioners shall organize as a board
14 by electing one of their number as chairman and one as
15 secretary, and they shall perform the duties incident to such
16 offices. And upon every new appointment of a commissioner,
17 such board shall reorganize in like manner. Each
18 commissioner, before taking his seat in such board, shall
19 take an oath of office before the court, which in substance
20 shall be in the following form:
21 "I, .... do solemnly swear, (or affirm) that I am a
22 citizen of the United States, and have resided in the State
23 of Illinois for a period of 2 years last past, and that I am
24 a legal voter and resident of the jurisdiction of the
25 .......... Board of Election Commissioners. That I will
26 support the Constitution of the United States and of the
27 State of Illinois, and the laws passed in pursuance thereof,
28 to the best of my ability, and will faithfully and honestly
29 discharge the duties of the office of election commissioner."
30 Where the 2 year residence requirement is waived by the
31 appointing court, the provision pertaining to the 2 year
32 residence requirement shall be omitted from the oath of
33 office.
-119- LRB9102308MWgc
1 Which oath, when subscribed and sworn to before such
2 court shall be filed in the office of the county clerk of
3 said county and be there preserved. Such commissioner shall
4 also, before taking such oath, give an official bond in the
5 sum of $10,000.00 with two securities, to be approved by said
6 court, conditioned for the faithful and honest performance of
7 his duties and the preservation of the property of his
8 office. Such board of commissioners shall at once secure and
9 open an office sufficient for the purposes of such board,
10 which shall be kept open during ordinary business hours of
11 each week day and such other days and such other times as the
12 board may direct or as otherwise required by law, legal
13 holidays excepted; provided that such office shall be kept
14 open from the time of opening the polls on the day of any
15 election, primary or general, and until all returns of that
16 election have been received from each precinct under the
17 jurisdiction of such Board. Upon the opening of such office
18 the county clerk of the county in which such city, village or
19 incorporated town is situated shall, upon demand, turn over
20 to such board all registry books, registration record cards,
21 voter registration applications, precinct files, poll books,
22 tally sheets and ballot boxes heretofore used and all other
23 books, forms, blanks and stationery of every description in
24 his hands in any way relating to elections or the holding of
25 elections within such city, village or incorporated town.
26 (Source: P.A. 80-1437.)
27 (10 ILCS 5/6-27) (from Ch. 46, par. 6-27)
28 Sec. 6-27. Every person having resided in the State and
29 in election precinct 30 days next preceding any election
30 therein and who shall be a citizen of the United States of
31 the age of 18 or more years, shall be entitled to vote at
32 such elections described in the last preceding Section.
33 After the first registration provided by this Article,
-120- LRB9102308MWgc
1 the vote of no person, other than an elector voting pursuant
2 to Article 20 of this Act or exempt under Section 6-67.01 or
3 6-67.02 of this Article from registration, shall be received
4 in any election conducted under the provisions of this
5 Article 6 or Articles 14 and 18 of this Act unless such
6 person has registered under the provisions of Article 3A or
7 of this Article in the precinct in which such person resides.
8 For the purposes of this Article, the word "election" shall
9 include primary.
10 No person shall be entitled to be registered in or from
11 any precinct unless such person shall, by the date of the
12 election next following, have resided in the State and within
13 the precinct for 30 days, and be otherwise qualified to vote
14 at such election. Every applicant who shall be 18 years of
15 age on the day of the next election shall be permitted to
16 register, if otherwise qualified.
17 To constitute residence under this Act, Article 3 is
18 controlling.
19 (Source: P.A. 81-953.)
20 (10 ILCS 5/6-28) (from Ch. 46, par. 6-28)
21 Sec. 6-28. The first registration under this Article
22 shall be that preceding the election to be held on the first
23 Tuesday after the first Monday in November, 1936.
24 Registration for such election shall be conducted by the
25 Board of Election Commissioners, shall be either at the
26 office of such Board or in the precinct, as hereinafter
27 provided in this Article, and shall be upon registration
28 record cards in the manner application forms provided by this
29 Article the election authority or as otherwise provided by
30 this Code. Such first registration under this Article and
31 subsequent revisions thereof shall be under the full charge
32 and control of the Board of Election Commissioners, and the
33 expenses thereof shall be paid in the manner provided by this
-121- LRB9102308MWgc
1 Article. It shall be the duty of such board to give timely
2 notice through the press of the time and place of such first
3 registration.
4 (Source: Laws 1943, vol. 2, p. 1.)
5 (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
6 Sec. 6-29. For the purpose of registering voters under
7 this Article, the office of the Board of Election
8 Commissioners shall be open during ordinary business hours of
9 each week day, from 9 a.m. to 12 o'clock noon on the last
10 four Saturdays immediately preceding the end of the period of
11 registration preceding each election, and such other days and
12 such other times as the board may direct. During the 28 days
13 immediately preceding any election there shall be no
14 registration of voters at the office of the Board of Election
15 Commissioners in cities, villages and incorporated towns of
16 fewer than 200,000 inhabitants. In cities, villages and
17 incorporated towns of 200,000 or more inhabitants, there
18 shall be no registration of voters at the office of the Board
19 of Election Commissioners during the 28 35 days immediately
20 preceding any election; provided, however, where no precinct
21 registration is being conducted prior to any election then
22 registration may be taken in the office of the Board up to
23 and including the 29th day prior to such election. The Board
24 of Election Commissioners may set up and establish as many
25 branch offices for the purpose of taking registrations as it
26 may deem necessary, and the branch offices may be open on any
27 or all dates and hours during which registrations may be
28 taken in the main office. All officers and employees of the
29 Board of Election Commissioners who are authorized by such
30 board to take registrations under this Article shall be
31 considered officers of the circuit court, and shall be
32 subject to the same control as is provided by Section 14-5 of
33 this Act with respect to judges of election.
-122- LRB9102308MWgc
1 In any election called for the submission of the revision
2 or alteration of, or the amendments to the Constitution,
3 submitted by a Constitutional Convention, the final day for
4 registration at the office of the election authority charged
5 with the printing of the ballot of this election shall be the
6 15th day prior to the date of election.
7 The Board of Election Commissioners shall appoint one or
8 more registration teams, consisting of 2 of its employees for
9 each team, for the purpose of accepting the registration of
10 any voter who files an affidavit, within the period for
11 taking registrations provided for in this Article, that he is
12 physically unable to appear at the office of the Board or at
13 any appointed place of registration. On the day or days when
14 a precinct registration is being conducted such teams shall
15 consist of one member from each of the 2 leading political
16 parties who are serving on the Precinct Registration Board.
17 Each team so designated shall visit each disabled person and
18 shall accept the registration of such person the same as if
19 he had applied for registration in person.
20 Any otherwise qualified person who is absent from his
21 county of residence due to business of the United States, or
22 who is temporarily residing outside the territorial limits of
23 the United States, may make application to become registered
24 by mail as provided in Section 3A-3 to the Board of Election
25 Commissioners within the periods for registration provided
26 for in this Article or by simultaneous application for
27 absentee registration and absentee ballot as provided in
28 Article 20 of this Code.
29 Upon receipt of such application the Board of Election
30 Commissioners shall immediately mail an affidavit of
31 registration in duplicate, which affidavit shall contain the
32 following and such other information as the State Board of
33 Elections may think it proper to require for the
34 identification of the applicant:
-123- LRB9102308MWgc
1 Name. The name of the applicant, giving surname and
2 first or Christian name in full, and the middle name or the
3 initial for such middle name, if any.
4 Sex.
5 Residence. The name and number of the street, avenue or
6 other location of the dwelling, and such additional clear and
7 definite description as may be necessary to determine the
8 exact location of the dwelling of the applicant. Where the
9 location cannot be determined by street and number, then the
10 section, congressional township and range number may be used,
11 or such other information as may be necessary, including post
12 office mailing address.
13 Term of residence in the State of Illinois and the
14 precinct.
15 Nativity. The state or country in which the applicant
16 was born.
17 Citizenship. Whether the applicant is native born or
18 naturalized. If naturalized, the court, place and date of
19 naturalization.
20 Age. Date of birth, by month, day and year.
21 Out of State address of ..................
22 AFFIDAVIT OF REGISTRATION
23 State of .........)
24 ) ss.
25 County of ........)
26 I hereby swear (or affirm) that I am a citizen of the
27 United States; that on the day of the next election I shall
28 have resided in the State of Illinois and in the election
29 precinct 30 days; that I am fully qualified to vote, that I
30 am not registered to vote anywhere else in the United States,
31 that I intend to remain a resident of the State of Illinois,
32 and of the election precinct, that I intend to return to the
33 State of Illinois, and that the above statements are true.
34 ...............................
-124- LRB9102308MWgc
1 (His or her signature or mark)
2 Subscribed and sworn to before me, an officer qualified
3 to administer oaths, this ....... day of ....... 19 .......
4 ..........................................
5 Signature of officer administering oath.
6 Upon receipt of the executed duplicate affidavit of
7 Registration, the Board of Election Commissioners shall
8 transfer the information contained thereon to duplicate
9 Registration Cards provided for in Section 6-35 of this
10 Article and shall attach thereto a copy of each of the
11 duplicate affidavit of registration and thereafter such
12 registration card and affidavit shall constitute the
13 registration of such person the same as if he had applied for
14 registration in person.
15 (Source: P.A. 81-953.)
16 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
17 Sec. 6-35. The Boards of Election Commissioners shall
18 provide a sufficient number of blank forms for the
19 registration of electors which shall be known as registration
20 record cards and which shall consist of loose leaf sheets or
21 cards, of suitable size to contain in plain writing and
22 figures the data hereinafter required thereon or shall
23 consist of computer cards of suitable nature to contain the
24 data required thereon. The registration record cards, which
25 shall include an affidavit of registration as hereinafter
26 provided, shall be executed in duplicate. The duplicate of
27 which may be a carbon copy of the original or a copy of the
28 original made by the use of other method or material used for
29 making simultaneous true copies or duplications.
30 The registration record card shall contain the following
31 and such other information as the Board of Election
32 Commissioners may think it proper to require for the
33 identification of the applicant for registration:
-125- LRB9102308MWgc
1 Name. The name of the applicant, giving surname and first
2 or Christian name in full, and the middle name or the initial
3 for such middle name, if any.
4 Sex.
5 Residence. The name and number of the street, avenue, or
6 other location of the dwelling, including the apartment, unit
7 or room number, if any, and in the case of a mobile home the
8 lot number, and such additional clear and definite
9 description as may be necessary to determine the exact
10 location of the dwelling of the applicant, including
11 post-office mailing address. In the case of a homeless
12 individual, the individual's voting residence that is his or
13 her mailing address shall be included on his or her
14 registration record card.
15 Term of residence in the State of Illinois and the
16 precinct.
17 Nativity. The state or country in which the applicant was
18 born.
19 Citizenship. Whether the applicant is native born or
20 naturalized. If naturalized, the court, place, and date of
21 naturalization.
22 Date of application for registration, i. e., the day,
23 month and year when the applicant presented himself for
24 registration.
25 Age. Date of birth, by month, day and year.
26 Physical disability of the applicant, if any, at the time
27 of registration, which would require assistance in voting.
28 The county and state in which the applicant was last
29 registered.
30 Signature of voter. The applicant, after registration and
31 in the presence of a deputy registrar or other officer of
32 registration shall be required to sign his or her name in ink
33 to the affidavit on both the original and the duplicate
34 registration record card.
-126- LRB9102308MWgc
1 Signature of deputy registrar.
2 In case applicant is unable to sign his name, he may
3 affix his mark to the affidavit. In such case the
4 registration officer shall write a detailed description of
5 the applicant in the space provided at the bottom of the card
6 or sheet; and shall ask the following questions and record
7 the answers thereto:
8 Father's first name.........................
9 Mother's first name.........................
10 From what address did you last register?....
11 Reason for inability to sign name...........
12 Each applicant for registration shall make an affidavit
13 in substantially the following form:
14 AFFIDAVIT OF REGISTRATION
15 State of Illinois )
16 )ss
17 County of....... )
18 I hereby swear (or affirm) that I am a citizen of the
19 United States, that on the day of the next election I shall
20 have resided in the State of Illinois and in the election
21 precinct 30 days and that I intend that this location is my
22 residence; that I am fully qualified to vote, and that the
23 above statements are true.
24 ..............................
25 (His or her signature or mark)
26 Subscribed and sworn to before me this.... day of....,
27 19...
28 Signature of registration officer (to be signed in
29 presence of registrant).
30 Space shall be provided upon the face of each
31 registration record card for the notation of the voting
32 record of the person registered thereon.
33 Each registration record card shall be numbered according
34 to wards or precincts, as the case may be, and may be
-127- LRB9102308MWgc
1 serially or otherwise marked for identification in such
2 manner as the Board of Election Commissioners may determine.
3 The voter registration applications cards shall be deemed
4 public records and shall be open to inspection during regular
5 business hours, except during the 28 days immediately
6 preceding any election. On written request of any candidate
7 or objector or any person intending to object to a petition,
8 the election authority shall extend its hours for inspection
9 of registration applications cards and other records of the
10 election authority during the period beginning with the
11 filing of petitions under Sections 7-10, 8-8, 10-6 or 28-3
12 and continuing through the termination of electoral board
13 hearings on any objections to petitions containing signatures
14 of registered voters in the jurisdiction of the election
15 authority. The extension shall be for a period of hours
16 sufficient to allow adequate opportunity for examination of
17 the records but the election authority is not required to
18 extend its hours beyond the period beginning at its normal
19 opening for business and ending at midnight. If the business
20 hours are so extended, the election authority shall post a
21 public notice of such extended hours. Registration
22 applications record cards may also be inspected, upon
23 approval of the officer in charge of the forms cards, during
24 the 28 days immediately preceding any election. Registration
25 information found in the precinct file as provided in Section
26 6-65 record cards shall also be open to inspection by
27 certified judges and poll watchers and challengers at the
28 polling place on election day, but only to the extent
29 necessary to determine the question of the right of a person
30 to vote or to serve as a judge of election. At no time shall
31 poll watchers or challengers be allowed to physically handle
32 the precinct file registration record cards.
33 Updated copies of computer tapes or computer discs or
34 other electronic data processing information containing voter
-128- LRB9102308MWgc
1 registration information shall be furnished by the Board of
2 Election Commissioners within 10 days after December 15 and
3 May 15 each year to the State Board of Elections in a form
4 prescribed by the State Board. Registration information
5 shall include, but not be limited to, the following
6 information: name, sex, residence, telephone number, if any,
7 date of birth, if available, age, party affiliation, if
8 applicable, precinct, ward, township, county, and
9 representative, legislative and congressional districts. In
10 the event of noncompliance, the State Board of Elections is
11 directed to obtain compliance forthwith with this
12 nondiscretionary duty of the election authority by
13 instituting legal proceedings in the circuit court of the
14 county in which the election authority maintains the
15 registration information. The costs of furnishing updated
16 copies of tapes or discs shall be paid at a rate of $.00034
17 per name of registered voters in the election jurisdiction,
18 but not less than $50 per tape or disc and shall be paid from
19 appropriations made to the State Board of Elections for
20 reimbursement to the election authority for such purpose. The
21 State Board shall furnish copies of such tapes, discs, other
22 electronic data or compilations thereof to state political
23 committees registered pursuant to the Illinois Campaign
24 Finance Act or the Federal Election Campaign Act at their
25 request and at a reasonable cost. Copies of the tapes, discs
26 or other electronic data shall be furnished by the Board of
27 Election Commissioners to local political committees at their
28 request and at a reasonable cost. Reasonable cost of the
29 tapes, discs, et cetera for this purpose would be the cost of
30 duplication plus 15% for administration. The individual
31 representing a political committee requesting copies of such
32 tapes shall make a sworn affidavit that the information shall
33 be used only for bona fide political purposes, including by
34 or for candidates for office or incumbent office holders.
-129- LRB9102308MWgc
1 Such tapes, discs or other electronic data shall not be used
2 under any circumstances by any political committee or
3 individuals for purposes of commercial solicitation or other
4 business purposes. If such tapes contain information on
5 county residents related to the operations of county
6 government in addition to registration information, that
7 information shall not be used under any circumstances for
8 commercial solicitation or other business purposes. The
9 prohibition in this Section against using the computer tapes
10 or computer discs or other electronic data processing
11 information containing voter registration information for
12 purposes of commercial solicitation or other business
13 purposes shall be prospective only from the effective date of
14 this amended Act of 1979. Any person who violates this
15 provision shall be guilty of a Class 4 felony.
16 The State Board of Elections shall promulgate, by October
17 1, 1987, such regulations as may be necessary to ensure
18 uniformity throughout the State in electronic data processing
19 of voter registration information. The regulations shall
20 include, but need not be limited to, specifications for
21 uniform medium, communications protocol and file structure to
22 be employed by the election authorities of this State in the
23 electronic data processing of voter registration information.
24 Each election authority utilizing electronic data processing
25 of voter registration information shall comply with such
26 regulations on and after May 15, 1988.
27 If the applicant for registration was last registered in
28 another county within this State, he shall also sign a
29 certificate authorizing cancellation of the former
30 registration. The certificate shall be in substantially the
31 following form:
32 To the County Clerk of.... County, Illinois.
33 To the Election Commission of the City of...., Illinois.
34 This is to certify that I am registered in your (county)
-130- LRB9102308MWgc
1 (city) and that my residence was..... Having moved out of
2 your (county), (city), I hereby authorize you to cancel that
3 registration in your office.
4 Dated at...., Illinois, this.... day of.... 19...
5 ....................
6 (Signature of Voter)
7 Attest...., Clerk, Election Commission of the City
8 of...., Illinois.
9 The cancellation certificate shall be mailed immediately
10 by the clerk of the Election Commission to the county clerk,
11 (or Election Commission as the case may be) where the
12 applicant was formerly registered. Receipt of such
13 certificate shall be full authority for cancellation of any
14 previous registration.
15 (Source: P.A. 86-873; 86-1348; 87-1241.)
16 (10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
17 Sec. 6-35.01. If an applicant for registration reports a
18 permanent physical disability which would require assistance
19 in voting, the board of election commissioners shall mark all
20 his registration forms cards in the right margin on the front
21 of the form card with a band of ink running the full margin
22 which shall be of contrast to, and easily distinguishable
23 from, the color of the form card. If an applicant for
24 registration attests declares upon properly witnessed oath,
25 with his signature or mark affixed, that he cannot read the
26 English language and that he will require assistance in
27 voting, all his registration forms cards shall be marked in a
28 manner similar to the marking on the forms cards of a voter
29 who requires assistance because of physical disability,
30 except that the marking shall be of a different
31 distinguishing color. Following each election the forms cards
32 The State Board of
28 Elections shall design a registration record card which,
29 except as otherwise provided in this Section, shall be used
30 in triplicate by all election authorities in the State,
31 beginning with registrations taken on or after January 1,
32 1986. The Board shall prescribe the form and specifications,
33 including but not limited to the weight of paper, color and
-132- LRB9102308MWgc
1 print of such cards. Such cards shall contain boxes or
2 spaces for the information required under Sections 6-31.1 and
3 6-35 of this Code; provided, that such cards shall also
4 contain a box or space for the applicant's driver's license
5 number, or where allowable the applicant's social security
6 number, if any, and a box for the applicant's telephone
7 number, if available.
8 The original and duplicate cards shall respectively
9 constitute the master file and precinct binder registration
10 records of the voter. The triplicate card shall be given to
11 the applicant upon completion of his or her registration or
12 completed transfer of registration.
13 Whenever a voter moves to another precinct within the
14 same election jurisdiction or to another election
15 jurisdiction in the State, such voter may transfer his or her
16 registration by presenting his or her triplicate card to the
17 election authority or a deputy registrar. If such voter is
18 not in possession of or has lost his or her triplicate card,
19 he or she may effect a transfer of registration by executing
20 an Affidavit of Cancellation of Previous Registration or by
21 submitting a completed Voter Registration Application. Any
22 transfer or registration received in the office of election
23 authority or postmarked prior to the close of registration
24 shall be deemed to be timely filed. If a postmark is not in
25 evidence or legible, it shall be considered as timely filed
26 if received in the office of the election authority no later
27 than 5 calendar days after the close of registration.
28 In the case of a transfer of registration to a new
29 election jurisdiction, the election authority shall transmit
30 the voter's triplicate card or such affidavit to the election
31 authority of the voter's former election jurisdiction, which
32 shall immediately cause the transmission of the voter's
33 previous registration card to the voter's new election
34 authority. No transfer of registration to a new election
-133- LRB9102308MWgc
1 jurisdiction shall be complete until the voter's old election
2 authority receives notification.
3 Deputy registrars shall return all Voter Registration
4 Applications triplicate cards or Affidavits of Cancellation
5 of Previous Registration to the election authority within 7
6 working days after the receipt thereof. Such forms cards or
7 Affidavits of Cancellation of Previous Registration received
8 by the deputy registrars between the 35th and 29th 28th day
9 preceding an election shall be returned by the deputy
10 registrars within 48 hours after receipt thereof. Such Voter
11 Registration Applications cards or Affidavits of Cancellation
12 of Previous Registration received by the deputy registrars on
13 the 29th 28th day preceding an election shall be returned by
14 the deputy registrars to the election authority within 24
15 hours after receipt thereof.
16 The date by which an election authority is required to
17 take registrations in compliance with this Section may be
18 extended by the State Board of Elections to a date no later
19 than July 1, 1986, where, prior to January 1, 1986, the Board
20 has received a written request for such an extension from the
21 election authority and such request has shown good cause for
22 the extension.
23 In the case of a transfer of registration to a new
24 election jurisdiction, the election authority shall transmit
25 the voter's triplicate card or such affidavit to the election
26 authority of the voter's former election jurisdiction, which
27 shall immediately cause the transmission of the voter's
28 previous registration card to the voter's new election
29 authority. No transfer of registration to a new election
30 jurisdiction shall be complete until the voter's old election
31 authority receives notification.
32 Deputy registrars shall return all triplicate cards or
33 Affidavits of Cancellation of Previous Registration to the
34 election authority within 7 working days after the receipt
-134- LRB9102308MWgc
1 thereof, except that the deputy registrars shall return the
2 cards or Affidavits of Cancellation of Previous Registration
3 received by them between the 35th and 28th day preceding an
4 election to the election authority within 48 hours after the
5 receipt thereof.
6 Such cards or Affidavits of Cancellation of Previous
7 Registration received during the 28th day preceding an
8 election shall be returned by the deputy registrars to the
9 election authority within 24 hours after receipt thereof.
10 (Source: P.A. 86-873; revised 1-28-99.)
11 (10 ILCS 5/6-36) (from Ch. 46, par. 6-36)
12 Sec. 6-36. The board of election commissioners shall
13 supply deputy registrars and judges of registration with
14 registration forms and shall fully instruct them in their
15 duties. Each deputy registrar and judge of registration shall
16 receipt to the board of election commissioners for all blank
17 voter registration application forms record cards issued to
18 them, specifying therein the number of the blanks received by
19 them, and each such deputy registrar and judge of
20 registration shall be charged with such blanks until he
21 returns them to the board of election commissioners. If for
22 any cause a blank voter registration application form record
23 card is mutilated or rendered unfit for use in making it out,
24 or if a mistake therein has been made, such blank shall not
25 be destroyed, but the word "mutilated" shall be written
26 across the face of such form blank, and such form blank shall
27 be returned to the board of election commissioners and shall
28 be preserved in the same manner and for the same length of
29 time as mutilated ballots. When any registration shall have
30 been completed, each deputy registrar and judge of
31 registration shall return all voter registration application
32 forms record cards to the board of election commissioners
33 whether such forms cards have been filled out and executed or
-135- LRB9102308MWgc
1 whether they are unused, or whether they have been mutilated.
2 Deputy registrars and judges of registration shall make
3 personal delivery of the registration records to the board of
4 election commissioners, after the close of each registration
5 and before they separate. Each deputy registrar and judge of
6 registration shall certify the registration records in
7 substantially the following form:
8 "We, the undersigned deputy registrars and judge of
9 registration in .... County of .... in the State of Illinois,
10 do swear (or affirm) that at the registration of electors on
11 (insert date) the .... day of .... there was registered by us
12 in the said election precinct the names which appear on the
13 registration record cards, and that the number of voters
14 registered and qualified was and is the number of .....
15 ..............(Judge of Registration)
16 ...........(Deputy Registrar) ...........(Deputy Registrar)
17 Date ........."
18 (Source: Laws 1943, vol. 2, p. 1.)
19 (10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
20 Sec. 6-37. Except as otherwise provided for in Section
21 6-29 of this Article, no person shall be registered unless he
22 applies in person to a registration officer, answers such
23 relevant questions as may be asked of him by the registration
24 officer, and executes the affidavit of registration or
25 submits a valid voter registration application under the
26 provisions of Article 3A. The registration officer shall
27 require the applicant to furnish two forms of identification,
28 and except in the case of a homeless individual, one of which
29 must include his or her residence address. These forms of
30 identification shall include, but not be limited to, any of
31 the following: driver's license, social security card, public
32 aid identification card, utility bill, employee or student
33 identification card, credit card, or a civic, union or
-136- LRB9102308MWgc
1 professional association membership card. The registration
2 officer shall require a homeless individual to furnish
3 evidence of his or her use of the mailing address stated.
4 This use may be demonstrated by a piece of mail addressed to
5 that individual and received at that address or by a
6 statement from a person authorizing use of the mailing
7 address. The registration officer shall require each
8 applicant for registration to read or have read to him the
9 affidavit of registration before permitting him to execute
10 the affidavit.
11 The registration officer shall satisfy himself that each
12 applicant for registration is qualified to register before
13 registering him. Any voter of the ward, village or
14 incorporated town in which such applicant resides, shall be
15 permitted to be present at the place of registration, and
16 shall have the right to challenge any applicant who applies
17 to be registered.
18 In case the officer is not satisfied that the applicant
19 is qualified he shall forthwith in writing notify such
20 applicant to appear before the board of election
21 commissioners to furnish further proof of his qualification.
22 Upon the application form card of such applicant shall be
23 written the word "incomplete" and no such applicant shall be
24 permitted to vote unless such registration is satisfactorily
25 completed as hereinafter provided.
26 Any person claiming to be an elector in any election
27 precinct in such city, village or incorporated town and whose
28 registration application is marked "incomplete" may make and
29 sign an application in writing, under oath, to the board of
30 election commissioners in substance in the following form:
31 "I do solemnly swear that I,.... did on .... make
32 application to the board of registry of the .... precinct of
33 .... ward of the city of ....(or to the board of election
34 commissioners of ....) and that said board refused to
-137- LRB9102308MWgc
1 complete my registration as a qualified voter in said
2 precinct, that I reside in said precinct, am a duly qualified
3 voter and entitled to vote in said precinct at the next
4 election.
5 ....(Signature of Applicant)"
6 In all cities, villages or incorporated towns having a
7 population of less than 200,000 all such applications shall
8 be presented to the board of election commissioners by the
9 applicant, in person, between the hours of nine o'clock a.m.,
10 and five o'clock p.m. on Tuesday or Wednesday of the second
11 week prior to the week in which such election is to be held,
12 and in all municipalities having a population of more than
13 200,000 and having a board of election commissioners and in
14 all cities, villages and incorporated towns within the
15 jurisdiction of such board, all such applications shall be
16 presented to the board of election commissioners by the
17 applicant, in person between the hours of nine o'clock a.m.
18 and five o'clock p.m., on Monday and Tuesday of the third
19 week prior to the week in which such election is to be held.
20 (Source: P.A. 87-1241.)
21 (10 ILCS 5/6-38) (from Ch. 46, par. 6-38)
22 Sec. 6-38. Pursuant to Section 3A-9 of this Code the
23 election authority may from time to time but in no case
24 within 120 days before a general primary election or general
25 election canvass some or all of the voters in its
26 jurisdiction to confirm their addresses. If fewer than all of
27 the voters in the jurisdiction are selected to be canvassed,
28 the selection criteria shall be nondiscriminatory with
29 respect to race, creed, ethnic origin, political party
30 preference, and gender. The 2 deputy registrars provided by
31 this Article 6 for registration in each precinct preceding
32 the election to be held on the first Tuesday after the first
33 Monday in November, 1936, and for the last day of
-138- LRB9102308MWgc
1 registration provided for in Section 6-49.1, shall be the
2 canvassers of the precinct for which they are appointed.
3 The Board of Election Commissioners shall furnish to each
4 deputy registrar a verification list of registered voters
5 approved by the Board of Election Commissioners or a blank
6 book which shall be named "Verification List", each page of
7 which shall be ruled into 4 columns, and to be marked thus:
8 Street Remarks
9 Number Street Names O.K. - Died - Moved, etc.
10 Such book shall contain pages sufficient to allow 6 pages
11 for each street, avenue, alley and court in the precinct in
12 question. During the progress of the registration, or
13 immediately thereafter, each deputy registrar shall transfer
14 all the names upon the registration record cards to such
15 verification list; arranging them according to streets,
16 avenues, alleys or courts, beginning with the lowest
17 residence number, and placing them numerically, as near as
18 possible, from the lowest up to the highest number.
19 They shall first write the name of such street, avenue,
20 alley or court, at the top of the second column, and then
21 proceed to transfer the names to such "Verification Lists"
22 according to the street numbers as above indicated.
23 If, during either day of registration, any registered
24 voter of the ward, village, or incorporated town shall come
25 before the deputy registrars and the judge of registration
26 and make oath that he believes that any particular person
27 whose name has been entered upon the registry is not a
28 qualified voter, such fact shall be noted; and after the
29 completion of such "Verification Lists" one of the
30 registrars, or judge of registration, shall make a cross or
31 check mark in ink opposite such name. If the deputy
32 registrars or the judge of the registration know any person
33 so complained of is a qualified voter and believe that such
34 complaint was made only to vex and harass such qualified
-139- LRB9102308MWgc
1 voter, then such name shall be placed upon such lists without
2 such cross or check mark but such cross or check mark shall
3 be placed upon such lists in case either of the registrars or
4 the judge of registration desires.
5 (Source: P.A. 84-1308.)
6 (10 ILCS 5/6-39) (from Ch. 46, par. 6-39)
7 Sec. 6-39. At a time designated by the election authority
8 Upon the Wednesday and Thursday following the last day of
9 registration, and upon the Wednesday and Thursday following
10 the last day of precinct registration provided for in Section
11 6-49.1 of this Article, if so much time is required, the 2
12 deputy registrars shall go together and canvass the precinct
13 for which they have been appointed, calling at each dwelling
14 place or each house from which any one is registered in such
15 precinct and each dwelling place as indicated upon said
16 "Verification Lists"; and if they shall find that any person
17 whose name appears upon their verification lists does not
18 reside at the place designated thereupon, they shall make a
19 notation in the column headed "Remarks" as follows: "Changed
20 Name"; "Died", or "Moved", as the case may be, indicating
21 that such person does not reside at such place.
22 Whenever deemed necessary by the canvassers, or either of
23 them, he, she, or they may demand of the person having
24 command of the police in such precinct to furnish a
25 policeman, to accompany them and protect them in the
26 performance of their duties; and it shall be the duty of the
27 person having command of the police in such precinct to
28 furnish a policeman for such purpose. In such canvass no
29 person shall refuse to answer questions and give the
30 information asked for and known to him or her, or shall
31 knowingly give false information, or make false statements.
32 In making such canvass the canvassers shall make special
33 inquiry at the residence or place designated on the
-140- LRB9102308MWgc
1 verification lists, as to all the persons registered as
2 qualified voters, and shall receive information from judges
3 of election, party canvassers, or other persons.
4 (Source: Laws 1967, p. 2987.)
5 (10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
6 Sec. 6-40. Where verification lists are furnished to the
7 canvassers by the Board of Election Commissioners,
8 immediately upon completion of the canvass, the canvassers,
9 or one of them, shall file with the Board of Election
10 Commissioners the list of registered voters upon which the
11 canvassers have made notation in the column headed "Remarks"
12 as follows: "O. K.", if they still reside at the address
13 shown on the registration list, or "Died", "Moved", or
14 "Changed Name" as the case may be. Such lists shall be
15 attested to by the canvassers in an attached affidavit. No
16 canvasser shall be remunerated for services as canvasser
17 until such signed affidavit is filed with the Board of
18 Election Commissioners.
19 All records concerning the implementation of the canvass,
20 including lists of the names and addresses of those canvassed
21 and to whom subsequent notices were sent and information
22 concerning whether or not each person responded to the notice
23 shall be maintained for at least 2 years and shall be made
24 available for public inspection.
25 Upon receipt by the Board of Election Commissioners of
26 the completed list and the attached affidavit as to the
27 correctness of the list, the Board of Election Commissioners
28 shall prepare an address verification notice for post card
29 "Notices to Show Cause Why Registration Should not be
30 Cancelled" to send to each voter on each list after whose
31 name the canvassers have written "Died", "Moved", or "Changed
32 Name" to be sent through the United States mail, duly
33 stamped, to the address given on the list, or in the case of
-141- LRB9102308MWgc
1 homeless individuals to their mailing address. The notice
2 shall be a non-forwardable, forwarding address requested
3 mailing to be returned to the election authority. If the
4 notice is returned as not deliverable to the voter at the
5 address provided, the election authority shall take action as
6 circumstances require pursuant to Section 3A-9 of this Code.
7 They shall be mailed to those whose registration is
8 questioned by the Board of Election Commissioners not later
9 than 10 P.M. on Friday of the week of the canvass. The
10 affidavits made by the canvassers showing the names and
11 addresses of such canvassers shall be a public record for 60
12 days.
13 The Board of Election Commissioners shall also prepare a
14 correct list of those registered voters in each precinct who
15 are designated "O.K." in the remarks column by the canvassers
16 and supplemental lists after a determination is made as to
17 the registration status of each of the voters on the lists
18 submitted by the canvassers, such the hearings on "Notices to
19 Show Cause Why Registration Should Not be Cancelled"; such
20 lists to be called "Printed Register of Registered Voters" of
21 a given date and supplements thereto.
22 It shall be the duty of the Board of Election
23 Commissioners when complaint is made to them, to investigate
24 the action of such canvassers and to cause them or either of
25 them to be brought before the circuit court and to prosecute
26 them as for contempt, and also at the discretion of the Board
27 of Election Commissioners, to cause them to be prosecuted
28 criminally for such wilful neglect of duty.
29 (Source: Laws 1965, p. 3501.)
30 (10 ILCS 5/6-41) (from Ch. 46, par. 6-41)
31 Sec. 6-41. The canvassers, or one of them, shall prepare
32 a list of the names of the parties designated as aforesaid,
33 and to whom such notice has been sent, given, or left at the
-142- LRB9102308MWgc
1 address, and make and attach his or their affidavit or
2 affidavits thereto, stating that notice, duly stamped, was
3 mailed to each of said parties at the places designated on
4 the list, on or before 10 o'clock p. m. of the Thursday
5 following the canvass, and that notice was also personally
6 left at the said address of each of the parties named in the
7 lists so attached, if there be such address; and such
8 canvassers shall also file in the office of the Board of
9 Election Commissioners on or before 6 o'clock p. m. on the
10 Friday following the canvass, an exact duplicate of such list
11 with the affidavit or affidavits attached thereto. Blank
12 affidavit forms shall be furnished by the board for the
13 purpose aforesaid; but if none are furnished, such canvassers
14 shall cause the same to be drawn, and they shall swear to
15 such affidavit before the judge of registration of such
16 precinct, or a member of the Board of Election Commissioners,
17 or the executive director thereof.
18 In cities, villages and incorporated towns having a
19 population of over 200,000 and having a Board of Election
20 Commissioners and in cities, villages and incorporated towns
21 within the jurisdiction of the Board of Election
22 Commissioners, the Board of Election Commissioners shall
23 remain in session from 10 o'clock a.m. to 9 o'clock p.m. for
24 10 days following the last day of the canvass for the sole
25 purpose of revising their registry. No new name shall be
26 added to the registry at such session of the Board of
27 Election Commissioners.
28 In cities, villages and incorporated towns having a
29 population of less than 200,000, the hearing herein provided
30 and the final revision of the registry, shall be by the Board
31 of Election Commissioners for such city, village or
32 incorporated town. The commissioners shall meet for this
33 purpose upon the Monday and Tuesday following the canvass,
34 and shall remain in session between the hours of 8 o'clock
-143- LRB9102308MWgc
1 a.m. and 10 o'clock p.m., and the precinct election officials
2 who made the canvass of the precinct shall meet with them as
3 may be required by the Board of Election Commissioners.
4 If any person to whom such notice has been sent, shall
5 appear before the Board of Election Commissioners during the
6 session, he shall make oath and sign an affidavit in
7 substance as follows:
8 "I do solemnly swear that I am a citizen of the United
9 States and that I have resided in the .... precinct of the
10 .... Ward of the City of ...., in the State of Illinois,
11 since (insert date) the .... day of ....; and that I have
12 never been convicted of any crime (or if convicted, state the
13 time and when pardoned by the Governor of any State)."
14 This affidavit shall be signed and sworn to before one of
15 such Board of Election Commissioners, or the clerk of the
16 board, and it shall be filed in the office of the Board of
17 Election Commissioners and be preserved for at least 2 years
18 60 days.
19 Thereupon the Board of Election Commissioners shall
20 further examine him and shall also swear such canvassers or
21 the precinct election officials as the case may be, and hear
22 them upon the question, and the Board of Election
23 Commissioners shall have the power to send one or both of the
24 canvassers or precinct election officials, as the case may
25 be, to make further examination and inquiry at the place
26 claimed by such person to be his residence, and again examine
27 such canvassers or precinct election officials touching the
28 same; and if after such further examination and hearing, the
29 majority of the board in question are of the opinion that
30 such person is not a qualified voter in such precinct, they
31 shall indicate in the proper manner that the name card of
32 such person shall remain in be removed from the precinct file
33 and the registration shall not be deemed inactive.
34 At the close of any such session, if any person so
-144- LRB9102308MWgc
1 notified to appear at such session has not appeared and shown
2 cause why the card bearing his name should not be withdrawn
3 from the precinct file, the same shall be withdrawn from the
4 file.
5 The Board of Election Commissioners shall, however, keep
6 the cancelled cards in a suspense file for 2 years and
7 reinstate them at any time within such 2 year suspense
8 period, when a person's registration is cancelled under this
9 or other Sections of this Article for failure to apply for
10 reinstatement or to appear in proper time, and there is
11 sufficient subsequent showing that he is a duly qualified
12 elector.
13 Either of said canvassers shall have the power and right
14 of both in the matter pertaining to such canvass; but in case
15 either refuses or neglects to make such canvass as aforesaid,
16 then the other may make such canvass alone.
17 In case of the temporary disability upon the part of
18 either canvasser, the remaining canvasser shall appoint a
19 temporary canvasser who shall represent and be affiliated
20 with the same political party as the canvasser whose place is
21 being filled, and shall administer to him the usual oath of
22 office for canvassers. Such temporary canvasser shall perform
23 all the duties of the office until the disability of the
24 regular canvasser is removed.
25 (Source: P.A. 82-373.)
26 (10 ILCS 5/6-43) (from Ch. 46, par. 6-43)
27 Sec. 6-43. After the close of registration prior to each
28 general election, Immediately after the completion of the
29 revision by the Board of Election Commissioners, the board
30 shall cause copies to be made of all names upon the
31 registration records record cards not deemed inactive marked
32 or erased, with the address, and shall have the same arranged
33 according to the streets, avenues, courts, or alleys,
-145- LRB9102308MWgc
1 commencing with the lowest number, and arranging the same in
2 order according to the street numbers, and shall then cause
3 such precinct register, upon such arrangement, to be printed
4 in plain, large type in sufficient numbers to meet all
5 demands, and upon application a copy of the same shall be
6 given to any person applying therefor. Provided, however,
7 that in municipalities having a population of more than
8 500,000 and having a Board of Election Commissioners, as to
9 all elections, excepting any elections held for the purpose
10 of electing judges of the circuit courts, registrations for
11 which are made solely before the Board of Election
12 Commissioners, and where no general precinct registrations
13 were provided for or held within 28 days before the election,
14 the Board of Election Commissioners shall cause, within 10
15 days after the last day of registration before such board,
16 copies to be made of all names of qualified electors
17 appearing upon each registration application form record card
18 card is in the master file. Such elector shall
19 within 7 days after the publication of such printed precinct
20 register, file with the Board of Election Commissioners an
21 application stating that he is a duly registered voter and
22 that his registration application card is in the master file.
23 The Board shall hold a hearing upon such application within 2
24 days after the filing thereof and shall announce its decision
25 thereon within 3 days after the hearing. If the name of such
26 applicant appears upon the registration application card in
27 the master file, the board shall issue to such elector a
28 certificate setting forth that his name does so appear and
29 certifying that he has the right to vote at the next
30 succeeding election. Such certificate shall be issued in
31 duplicate, one to be retained in the files of the board, and
32 the other to be issued to the elector.
33 The Board of Election Commissioners upon the issuance of
34 such certificate shall see that the name of such elector
-147- LRB9102308MWgc
1 appears upon the precinct registry list in the precinct.
2 (Source: Laws 1965, p. 3481.)
3 (10 ILCS 5/6-45) (from Ch. 46, par. 6-45)
4 Sec. 6-45. A docket of all applications to said board of
5 election commissioners, whether such application shall be
6 made for the purpose of being registered or restored, or for
7 the purpose of erasing a name on the register or for
8 completing registration shall be made out in the order of the
9 wards and precincts as the case may be. Such docket shall
10 show the disposition of each case and be available to the
11 public. In cities, villages or incorporated towns having a
12 population of less than 500,000 the commissioners shall sit
13 to hear such applications between the hours of 10 o'clock a.
14 m., and 9 o'clock p. m. on the Tuesday, Wednesday and
15 Thursday immediately preceding such election, and in cities,
16 villages and incorporated towns having a population of over
17 500,000 and having a board of election commissioners, (except
18 as otherwise provided for such municipalities in section
19 6--60 of this Article), and in all cities, villages and
20 incorporated towns within the jurisdiction of such board,
21 such commissioners shall sit to hear such applications
22 between the hours of 10 o'clock a. m. and 9 o'clock p. m., on
23 Thursday, Friday and Saturday of the second week prior to the
24 week in which such election is to be held. At the request of
25 either party to such applications, the board shall issue
26 subpoenas to witnesses to appear at such hearings, and
27 Witnesses may be sworn and examined upon the hearing of said
28 application. Each person appearing in response to an
29 application to have a name erased shall deliver to the board
30 a written affidavit, which shall be, in substance, in the
31 words and figures following:
32 "I do solemnly swear that I am a citizen of the United
33 States; that I have resided in the State of Illinois since
-148- LRB9102308MWgc
1 (insert date) the .... day of .... and in the county of ....
2 said State, since (insert date) the .... day of .... and in
3 the .... precinct of the .... ward, in the city of .... said
4 county and State, since (insert date) the .... day of ....
5 and that I am .... years of age; that I am the identical
6 person registered in said precinct under the name I subscribe
7 hereto."
8 This answer shall be signed and sworn to or affirmed
9 before any person authorized to administer oaths or
10 affirmations. The decision on each application shall be
11 announced at once after hearing, and a minute made thereof,
12 and when an application to be registered or to be restored to
13 such register or to complete registration shall be allowed
14 the said board of election commissioners shall cause a minute
15 to be made upon the original and any duplicate registration
16 forms records. And where an application to erase a name shall
17 be allowed, the board of election commissioners shall cause
18 the name to be erased forthwith, and the registration record
19 card withdrawn.
20 In cities, villages and incorporated towns of 500,000 or
21 more inhabitants, having a board of election commissioners,
22 and in cities, villages and incorporated towns within the
23 jurisdiction of such board of election commissioners,
24 applications under this Section and hearings or citations
25 under Sections 6-56, 6-59 and 6-60 hereof, may be heard by
26 individual commissioners or by persons specially designated
27 by the commissioners for this purpose, and a decision by such
28 individual commissioner or person so designated, shall become
29 the decision of the board of election commissioners upon
30 approval of such board.
31 (Source: Laws 1947, p. 899.)
32 (10 ILCS 5/6-49) (from Ch. 46, par. 6-49)
33 Sec. 6-49. The registration hereinabove provided
-149- LRB9102308MWgc
1 preceding the first Tuesday after the first Monday in
2 November, 1936, shall constitute a permanent registration,
3 subject to revision and alteration in the manner hereinafter
4 provided. However, except as provided in Section 6-49.1 of
5 this Article, the registration hereinabove provided for shall
6 constitute a permanent registration only until September 15,
7 1961, in municipalities having 3 days of precinct
8 registration preceding the 1962 primary election and only
9 until the last day of precinct re-registration in 1970 in
10 other municipalities, at which time such registrations shall
11 become null and void and shall be cancelled immediately
12 thereafter by such Board.
13 All registrations subsequent to that hereinbefore
14 provided shall be upon voter registration application forms
15 record cards provided by the Board of Election Commissioners
16 in accordance with the provisions of Section 3A-3 6--35 of
17 this Code Article.
18 (Source: Laws 1967, p. 2987.)
19 (10 ILCS 5/6-50.1) (from Ch. 46, par. 6-50.1)
20 Sec. 6-50.1. In addition to registration at the office of
21 the board of election commissioners, the board of election
22 commissioners shall provide the following methods of
23 registration:
24 (1) The appointment of deputy registrars as provided in
25 Section 6-50.2;
26 (2) The establishment of temporary places of
27 registration as provided in Section 6-50.3;
28 (3) Registration by mail as provided in Section 3A-4 and
29 6-50.4;
30 (4) Registration by certain employees of Public Service
31 Agencies as provided in Section 3A-5; and
32 (5) Registration by certain employees of the Secretary
33 of State as provided in Section 3A-6.
-150- LRB9102308MWgc
1 The board of election commissioners may provide for
2 registration pursuant to Section 6-51.
3 (Source: P.A. 83-1059.)
4 (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
5 Sec. 6-50.2. (a) The board of election commissioners
6 shall appoint all precinct committeepersons in the election
7 jurisdiction as deputy registrars who may accept the
8 registration of any qualified resident of the election
9 jurisdiction, except during the 28 days preceding an
10 election.
11 The election authority shall appoint as deputy registrars
12 a reasonable number of employees of the Secretary of State
13 located at driver's license examination stations and
14 designated to the election authority by the Secretary of
15 State who may accept the registration of any qualified
16 residents of the county at any such driver's license
17 examination stations. The appointment of employees of the
18 Secretary of State as deputy registrars shall be made in the
19 manner provided in Section 2-105 of the Illinois Vehicle
20 Code.
21 The board of election commissioners shall appoint each of
22 the following named persons as deputy registrars upon the
23 written request of such persons:
24 1. The chief librarian, or a qualified person
25 designated by the chief librarian, of any public library
26 situated within the election jurisdiction, who may accept
27 the registrations of any qualified resident of the
28 election jurisdiction, at such library.
29 2. The principal, or a qualified person designated
30 by the principal, of any high school, elementary school,
31 or vocational school situated within the election
32 jurisdiction, who may accept the registrations of any
33 resident of the election jurisdiction, at such school.
-151- LRB9102308MWgc
1 The board of election commissioners shall notify every
2 principal and vice-principal of each high school,
3 elementary school, and vocational school situated in the
4 election jurisdiction of their eligibility to serve as
5 deputy registrars and offer training courses for service
6 as deputy registrars at conveniently located facilities
7 at least 4 months prior to every election.
8 3. The president, or a qualified person designated
9 by the president, of any university, college, community
10 college, academy or other institution of learning
11 situated within the election jurisdiction, who may accept
12 the registrations of any resident of the election
13 jurisdiction, at such university, college, community
14 college, academy or institution.
15 4. A duly elected or appointed official of a bona
16 fide labor organization, or a reasonable number of
17 qualified members designated by such official, who may
18 accept the registrations of any qualified resident of the
19 election jurisdiction.
20 5. A duly elected or appointed official of a bona
21 fide State civic organization, as defined and determined
22 by rule of the State Board of Elections, or qualified
23 members designated by such official, who may accept the
24 registration of any qualified resident of the election
25 jurisdiction. In determining the number of deputy
26 registrars that shall be appointed, the board of election
27 commissioners shall consider the population of the
28 jurisdiction, the size of the organization, the
29 geographic size of the jurisdiction, convenience for the
30 public, the existing number of deputy registrars in the
31 jurisdiction and their location, the registration
32 activities of the organization and the need to appoint
33 deputy registrars to assist and facilitate the
34 registration of non-English speaking individuals. In no
-152- LRB9102308MWgc
1 event shall a board of election commissioners fix an
2 arbitrary number applicable to every civic organization
3 requesting appointment of its members as deputy
4 registrars. The State Board of Elections shall by rule
5 provide for certification of bona fide State civic
6 organizations. Such appointments shall be made for a
7 period not to exceed 2 years, terminating on the first
8 business day of the month following the month of the
9 general election, and shall be valid for all periods of
10 voter registration as provided by this Code during the
11 terms of such appointments.
12 6. (Blank) The Director of the Illinois Department
13 of Public Aid, or a reasonable number of employees
14 designated by the Director and located at public aid
15 offices, who may accept the registration of any qualified
16 resident of the election jurisdiction at any such public
17 aid office.
18 7. The Director of the Illinois Department of
19 Employment Security, or a reasonable number of employees
20 designated by the Director and located at unemployment
21 offices, who may accept the registration of any qualified
22 resident of the election jurisdiction at any such
23 unemployment office. If the request to be appointed as
24 deputy registrar is denied, the board of election
25 commissioners shall, within 10 days after the date the
26 request is submitted, provide the affected individual or
27 organization with written notice setting forth the
28 specific reasons or criteria relied upon to deny the
29 request to be appointed as deputy registrar.
30 8. The president of any corporation, as defined by
31 the Business Corporation Act of 1983, or a reasonable
32 number of employees designated by such president, who may
33 accept the registrations of any qualified resident of the
34 election jurisdiction.
-153- LRB9102308MWgc
1 The board of election commissioners may appoint as many
2 additional deputy registrars as it considers necessary. The
3 board of election commissioners shall appoint such additional
4 deputy registrars in such manner that the convenience of the
5 public is served, giving due consideration to both population
6 concentration and area. Some of the additional deputy
7 registrars shall be selected so that there are an equal
8 number from each of the 2 major political parties in the
9 election jurisdiction. The board of election commissioners,
10 in appointing an additional deputy registrar, shall make the
11 appointment from a list of applicants submitted by the
12 Chairman of the County Central Committee of the applicant's
13 political party. A Chairman of a County Central Committee
14 shall submit a list of applicants to the board by November 30
15 of each year. The board may require a Chairman of a County
16 Central Committee to furnish a supplemental list of
17 applicants.
18 Deputy registrars may accept registrations at any time
19 other than the 28 day period preceding an election. All
20 persons appointed as deputy registrars shall be registered
21 voters within the election jurisdiction and shall take and
22 subscribe to the following oath or affirmation:
23 "I do solemnly swear (or affirm, as the case may be) that
24 I will support the Constitution of the United States, and the
25 Constitution of the State of Illinois, and that I will
26 faithfully discharge the duties of the office of registration
27 officer to the best of my ability and that I will register no
28 person nor cause the registration of any person except upon
29 his personal application before me.
30 ....................................
31 (Signature of Registration Officer)"
32 This oath shall be administered and certified to by one
33 of the commissioners or by the executive director or by some
34 person designated by the board of election commissioners, and
-154- LRB9102308MWgc
1 shall immediately thereafter be filed with the board of
2 election commissioners. The members of the board of election
3 commissioners and all persons authorized by them under the
4 provisions of this Article to take registrations, after
5 themselves taking and subscribing to the above oath, are
6 authorized to take or administer such oaths and execute such
7 affidavits as are required by this Article.
8 Appointments of deputy registrars under this Section,
9 except precinct committeemen, shall be for 2-year terms,
10 commencing on December 1 following the general election of
11 each even-numbered year, except that the terms of the initial
12 appointments shall be until December 1st following the next
13 general election. Appointments of precinct committeemen shall
14 be for 2-year terms commencing on the date of the county
15 convention following the general primary at which they were
16 elected. The county clerk shall issue a certificate of
17 appointment to each deputy registrar, and shall maintain in
18 his office for public inspection a list of the names of all
19 appointees.
20 (b) The board of election commissioners shall be
21 responsible for training all deputy registrars appointed
22 pursuant to subsection (a), at times and locations reasonably
23 convenient for both the board of election commissioners and
24 such appointees. The board of election commissioners shall
25 be responsible for certifying and supervising all deputy
26 registrars appointed pursuant to subsection (a). Deputy
27 registrars appointed under subsection (a) shall be subject to
28 removal for cause.
29 (c) Completed registration materials under the control
30 of deputy registrars appointed pursuant to subsection (a)
31 shall be returned to the proper election authority within 7
32 days, except that completed registration materials received
33 by the deputy registrars during the period between the 35th
34 and 29th day preceding an election shall be returned by the
-155- LRB9102308MWgc
1 deputy registrars to the proper election authority within 48
2 hours after receipt thereof. The completed registration
3 materials received by the deputy registrars on the 29th day
4 preceding an election shall be returned by the deputy
5 registrars within 24 hours after receipt thereof. Unused
6 materials shall be returned by deputy registrars appointed
7 pursuant to paragraph 4 of subsection (a), not later than the
8 next working day following the close of registration.
9 (d) The board of election commissioners shall not be
10 required to provide additional forms to any deputy registrar
11 having more than 200 registration forms unaccounted for
12 during the preceding 12 month period.
13 (e) No deputy registrar shall engage in any
14 electioneering or the promotion of any cause during the
15 performance of his or her duties.
16 (f) The board of election commissioners shall not be
17 criminally or civilly liable for the acts or omissions of any
18 deputy registrar. Such deputy registrars shall not be deemed
19 to be employees of the board of election commissioners.
20 (Source: P.A. 89-653, eff. 8-14-96.)
21 (10 ILCS 5/6-50.4 new)
22 Sec. 6-50.4. In addition to registration conducted by
23 the registration officer or deputy registrar, the election
24 authority shall make Voter Registration Applications as
25 provided in Section 3A-3 available in private and
26 governmental locations throughout the jurisdiction in
27 sufficient numbers for the convenience of persons desiring to
28 apply for voter registration by mail. Such locations shall
29 be selected by the election authority in a nondiscriminatory
30 manner. The forms shall be suitable for mailing though may
31 not necessarily bear postage. Instructions for completion of
32 the application shall be attached and shall be as prescribed
33 by rule of the State Board of Elections. The voter
-156- LRB9102308MWgc
1 registration application dispenser or holder shall bear a
2 uniform logo designed by the State Board of Elections to
3 identify the use of the forms.
4 (10 ILCS 5/6-52) (from Ch. 46, par. 6-52)
5 Sec. 6-52. All voter registrations made in jurisdictions
6 under a Board of Election Commissioners shall be made in a
7 manner provided for by Article 3A or by this Article 6 of
8 this Code. Registration under Sections 6-49.1, 6-50, 6-50.2,
9 6-50.3 and 6-51 of this Article shall be made in the manner
10 provided by Sections 6-34, 6-35 and 6-37 of this Article.
11 With respect to registrations at the office of the Board of
12 Election Commissioners under Section 6-50 hereof,
13 applications to complete registrations and hearings thereon
14 shall (except as may be otherwise provided in Sections 6-43
15 and 6-60 of this Article) be made and heard at such times as
16 may by rule be prescribed by the Board of Election
17 Commissioners, but the hearing and decision thereof by the
18 Board of Election Commissioners shall be within 30 days after
19 the application for registration. In such cases and in all
20 other cases not specifically provided for by this Article,
21 applications for hearings by the court may be made within 5
22 days after decision by the board in the manner provided by
23 Section 6-46, and a hearing and decision by such court shall
24 be had within 30 days after such application. Appeals may be
25 taken as in other civil cases. In all cases where
26 registration is had at the office of the Board of Election
27 Commissioners within 42 days before any election hearings by
28 such board and by the court shall (except as may be otherwise
29 provided in Sections 6-43 and 6-60 of this Article) be on the
30 days preceding the election specified in Sections 6-45 and
31 6-46 of this Article. Hearings and decisions shall be had
32 within the periods specified by such sections.
33 (Source: P.A. 79-1364.)
-157- LRB9102308MWgc
1 (10 ILCS 5/6-53) (from Ch. 46, par. 6-53)
2 Sec. 6-53. Any registered elector who changes his
3 residence from one address number or place to another within
4 the same precinct, city or village or incorporated town, may
5 have his registration transferred to his new address by
6 making and signing an application for such change of
7 residence address upon a form to be provided by such board of
8 election commissioners. Such application may be made to the
9 office of such board or at any place designated in accordance
10 with Section 6-51 of this Article.
11 Upon receipt of such application the board of election
12 commissioners or officer, employee or deputy registrar
13 designated by such board shall cause the signature of the
14 voter and the data appearing upon the application to be
15 compared with the signature and data on the existing Voter
16 Registration Application record, and if it appears that the
17 applicant is the same person as the party previously
18 registered under that name, the transfer shall be made. In
19 case the person is unable to sign his name the board of
20 election commissioners shall require such person to execute
21 the request in the presence of the board or of its properly
22 authorized representative, by his mark, and if satisfied of
23 the identity of the person, the board of election
24 commissioners shall make the transfer. The person in charge
25 of the registration shall draw a line through the last
26 address, ward and precinct number on the original and
27 duplicate and write the new address, ward and precinct number
28 on the original and duplicate registration records.
29 Any registered elector may transfer his registration only
30 at any such time as is provided by this Article for the
31 registration of voters at the office of the board. When a
32 removal of a registered voter takes place from one address to
33 another within the same precinct within a period during which
34 such transfer of registration cannot be made, before any
-158- LRB9102308MWgc
1 election or primary, he shall be entitled to vote upon
2 presenting to the judges of election an affidavit of a change
3 and having said affidavit supported by the affidavit of a
4 qualified voter who is a householder in the same precinct.
5 Suitable forms for this purpose shall be provided by the
6 board of election commissioners whose duty it is to conduct
7 the election; and thereupon the precinct election officials
8 shall report to the board of election commissioners the names
9 of all such persons who have changed their address and voted.
10 The board of election commissioners may obtain
11 information from utility companies, city records, the post
12 office or from other sources regarding the removal of
13 registered voters, and notify such voters that a transfer of
14 registration may be made in the manner provided by this
15 Section.
16 If any person be registered by error in a precinct other
17 than that in which he resides, a transfer of registration to
18 the precinct in which he resides may be made in the manner
19 provided by this Section.
20 Where a revision or rearrangement of precincts is made by
21 the board of election commissioners under the power conferred
22 by Section 11-3 of Article 11 of this Act, such board shall
23 immediately transfer to the proper precinct the registration
24 of any voter affected by such revision or rearrangement of
25 precincts; make the proper notations on the cards in the
26 master and precinct files; and shall notify the registrant of
27 such change.
28 (Source: Laws 1967, p. 3449.)
29 (10 ILCS 5/6-54) (from Ch. 46, par. 6-54)
30 Sec. 6-54. Any registered voter who changes his or her
31 name by marriage or otherwise, shall be required to register
32 anew and authorize the cancellation of the previous
33 registration; provided, however, that if the voter still
-159- LRB9102308MWgc
1 resides in the same election jurisdiction and if the change
2 of name takes place within a period during which such new
3 registration cannot be made, next preceding any election or
4 primary, the elector may, if otherwise qualified, vote upon
5 making the following affidavit before the judges of election:
6 "I do solemnly swear that I am the same person now
7 registered in the .... precinct of the .... ward, under the
8 name of .... and that I still reside in the election
9 jurisdiction said precinct.
10 (Signed)...."
11 (Source: Laws 1943, vol. 2, p. 1.)
12 (10 ILCS 5/6-56) (from Ch. 46, par. 6-56)
13 Sec. 6-56. Not more than 135 30 nor less than 133 28 days
14 before any election under this Article, all owners, managers,
15 administrators or operators of hotels, lodging houses,
16 rooming houses, furnished apartments or facilities licensed
17 or certified under the Nursing Home Care Act, which house 4
18 or more persons, outside the members of the family of such
19 owner, manager, administrator or operator, shall file with
20 the board of election commissioners a report, under oath,
21 together with one copy thereof, in such form as may be
22 required by the board of election commissioners, of the names
23 and descriptions of all lodgers, guests or residents claiming
24 a voting residence at the hotels, lodging houses, rooming
25 houses, furnished apartments, or facility licensed or
26 certified under the Nursing Home Care Act under their
27 control. In counties having a population of 500,000 or more
28 such report shall be made on forms mailed to them by the
29 board of election commissioners. The board of election
30 commissioners shall sort and assemble the sworn copies of the
31 reports in numerical order according to ward and according to
32 precincts within each ward and shall, not later than 5 days
33 after the last day allowed by this Article for the filing of
-160- LRB9102308MWgc
1 the reports, maintain one assembled set of sworn duplicate
2 reports available for public inspection until 60 days after
3 election days. Except as is otherwise expressly provided in
4 this Article, the board shall not be required to perform any
5 duties with respect to the sworn reports other than to mail,
6 sort, assemble, post and file them as hereinabove provided.
7 Unless it is determined by the board that such action
8 might be discriminatory with respect to race, creed, or
9 ethnic origin, Except in such cases where a precinct canvass
10 is being conducted by the board of election commissioners
11 prior to a Primary or Election, the board of election
12 commissioners shall compare the original copy of each such
13 report with the list of registered voters from such
14 addresses. Every person registered from such address and not
15 listed in such report or whose name is different from any
16 name so listed, shall be sent a notice to confirm the
17 registrant's address following the procedures set forth in
18 Section 3A-9 of this Code immediately after the last day of
19 registration be sent a notice through the United States mail,
20 at the address appearing upon his registration record card,
21 requiring him to appear before the board of election
22 commissioners on one of the days specified in Section 6-45 of
23 this Article and show cause why his registration should not
24 be cancelled. The provisions of Sections 6-45, 6-46 and 6-47
25 of this Article shall apply to such hearing and proceedings
26 subsequent thereto.
27 Any owner, manager or operator of any such hotel, lodging
28 house, rooming house or furnished apartment who shall fail or
29 neglect to file such statement and copy thereof as in this
30 Article provided, may, upon written information of the
31 attorney for the election commissioners, be cited by the
32 election commissioners or upon the complaint of any voter of
33 such city, village or incorporated town, to appear before
34 them and furnish such sworn statement and copy thereof and
-161- LRB9102308MWgc
1 make such oral statements under oath regarding such hotel,
2 lodging house, rooming house or furnished apartment, as the
3 election commissioners may require. The election
4 commissioners shall sit to hear such citations on a day not
5 less than 100 days prior to any election the Friday of the
6 fourth week preceding the week in which such election is to
7 be held. Such citation shall be served not later than the day
8 preceding the day on which it is returnable.
9 (Source: P.A. 86-820.)
10 (10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
11 Sec. 6-57. To each person who registers at the office of
12 the board of election commissioners or at any place
13 designated by such board under Section 6-51 of this Article,
14 after the first registration under this Article, the board
15 shall send by mail a Disposition of Registration as provided
16 for in Section 3A-7 of this Code notice setting forth the
17 elector's name and address as it appears on the voter
18 registration application form. record card, and shall request
19 him in case of any error to present the notice on or before
20 the tenth day next ensuing at the office of the Board of
21 Election Commissioners in order to secure the correction of
22 the error. Such notice shall contain on the outside a request
23 for the postmaster to return it within five days if it cannot
24 be delivered to the addressee at the address given thereon.
25 Upon the return by the post office of any such notice which
26 it has been unable to deliver at the given address because
27 the addressee cannot be found there, a notice shall be at
28 once sent through the United States mail to such person at
29 the address appearing upon his registration record card
30 requiring him to appear before the Board of Election
31 Commissioners at a time and place specified in the notice and
32 show cause why his name should not be cancelled from the
33 register. Thereafter, proceedings shall be, as nearly as may
-162- LRB9102308MWgc
1 be, in conformity with those established by section 6--52 of
2 this Article with respect to applications to complete
3 registration. Such notice may be sent at any time within
4 thirty days after the registration of any person, but such
5 notice shall be sent within five days after the last day of
6 registration before any election, to all persons who have
7 registered since the last preceding election, and to whom no
8 such notice has theretofore been sent; and where the
9 addressee cannot be found, notice requiring such person to
10 appear before the board of election commissioners shall
11 specify dates for hearing before the election not later than
12 those prescribed by section 6--45 of this Article.
13 (Source: Laws 1951, p. 1795.)
14 (10 ILCS 5/6-59) (from Ch. 46, par. 6-59)
15 Sec. 6-59. The Board of Election Commissioners on its
16 own initiative, or upon order of the circuit court, shall at
17 all times have authority to conduct investigations in a
18 nondiscriminatory manner and to make canvasses of the
19 registered voters in any precinct or precincts within its
20 jurisdiction either by the methods provided in this Article
21 or at other times and by other methods than those prescribed
22 herein. However, the Board of Election Commissioners shall,
23 at least once in every 2 years, conduct a verification of
24 voter registrations as prescribed in Section 3A-9 of this
25 Code and shall cause the cancellation of registration of
26 persons who have ceased to be qualified voters. Such
27 verification shall be accomplished by one of the following
28 methods: (1) precinct canvass conducted by 2 qualified
29 persons of opposite party affiliation appointed by the Board
30 of Election Commissioners or (2) written request sent to each
31 registered voter by first class mail, not forwardable or (3)
32 an alternative method of verification submitted in writing to
33 and approved by The State Board of Elections at a public
-163- LRB9102308MWgc
1 meeting not less than 60 days prior to the date on which the
2 Board of Election Commissioners has fixed for implementation
3 of that method of verification; provided, said Board shall
4 submit to the State Board of Elections a written statement of
5 the results obtained by use of such alternative method within
6 30 days of the completion of the verification. If, upon the
7 basis of investigations or canvasses, the board shall be of
8 the opinion that any person registered under this Article is
9 not a qualified voter or has ceased to be a qualified voter,
10 it shall send a notice through the United States mail to such
11 person, and follow the procedures set forth in Section 3A-9
12 of this Code requiring him to appear before such board at a
13 time specified in such notice, not less than 10 nor more than
14 30 days after the mailing of such notice and show cause why
15 his registration should not be cancelled. If such a person
16 does not appear, his registration shall be cancelled. If such
17 a person does appear he shall make an affidavit and shall be
18 heard in the manner provided by Section 6-45 of this Article,
19 and if his registration is cancelled as a result of such a
20 hearing, he shall be entitled to a hearing in the circuit
21 court and to an appeal to the Supreme Court in the manner
22 provided by Section 6-52 of this Article.
23 Whenever the Board of Election Commissioners acting under
24 authority of this Section conducts a canvass of the
25 registered voters in any precinct or precincts and the board
26 designates canvassers to conduct the canvass, the board shall
27 appoint as canvassers persons affiliated with the leading
28 political parties in like manner as judges of election are
29 appointed under the provisions of Section 14-4 of this Act;
30 provided that in each precinct in counties of 500,000
31 inhabitants or more, one canvasser may be appointed from
32 outside such precinct if not enough other qualified persons
33 who reside within the precinct can be found to serve as
34 canvasser in such precinct. The one canvasser so appointed to
-164- LRB9102308MWgc
1 serve in any precinct in which he is not entitled to vote
2 prior to the election must be entitled to vote elsewhere
3 within the ward or township which includes within its
4 boundaries the precinct in which such canvasser is appointed
5 and such canvasser must be otherwise qualified.
6 The canvassers, so appointed by virtue of this Section,
7 shall comply with the provisions of Sections 6-40 and 6-41
8 relative to the mailing and leaving of notices at the
9 addresses of persons whose right to vote in the precinct or
10 precincts is questioned.
11 (Source: P.A. 81-1433.)
12 (10 ILCS 5/6-60) (from Ch. 46, par. 6-60)
13 Sec. 6-60. Immediately after the last registration day
14 before any election, except as is otherwise provided in
15 Section 6-43 of this Article, the board of election
16 commissioners shall prepare and print precinct registers in
17 the manner provided by Section 6-43 of this Article, and make
18 such copies available to any person applying therefor.
19 Provided, however, that in cities, villages and incorporated
20 towns of less than 200,000 inhabitants such printed lists
21 shall be prepared only before a general election. On the
22 precinct registers, the board of election commissioners shall
23 indicate, by italics, asterisk, or other means, the names of
24 all persons who have registered since the last regularly
25 scheduled election in the consolidated schedule of elections
26 established in Section 2A-1.1 of this Code Act.
27 Prior to the general election of even-numbered years, all
28 boards of election commissioners shall give the precinct
29 registers to the chairman of a county central committee of an
30 established political party, as such party is defined in
31 Section 10-2 of this Code Act, or to the chairman's duly
32 authorized representative. Within 30 days of the effective
33 date of this Amendatory Act of 1983, all boards of election
-165- LRB9102308MWgc
1 commissioners shall give the precinct registers compiled
2 prior to the general November election of 1982 to the
3 chairman of a county central committee of an established
4 political party or to the chairman's duly authorized
5 representative.
6 For the first registration under this article, such
7 precinct register shall be printed and available to any
8 person upon application therefor at least three days before
9 the first day upon which any voter may make application in
10 writing to have any name erased from the register as provided
11 by Section 6-44 of this Article. For subsequent
12 registrations, Such precinct registers, except as otherwise
13 provided in this Section for municipalities of more than
14 500,000, shall be printed and shall be available to any
15 person upon application at least five days before the first
16 day upon which any voter may make application in writing to
17 have any name erased from the register.
18 Application to have a name upon such register erased may
19 be made in the manner provided by Section 6-44 of this
20 Article, and Applications to erase names, complete
21 registration, or to register or restore names shall be heard
22 in the same manner as is provided by Section 6-45 of this
23 Article, with application to the circuit court and appeal to
24 the Supreme Court as provided in Sections 6-46 and 6-47. The
25 rights conferred and the times specified by these Sections
26 with respect to the first election under this Article shall
27 also apply to succeeding registrations and elections.
28 Provided, however, that in municipalities having a population
29 of more than 500,000, and having a Board of Election
30 Commissioners, as to all elections, registrations for which
31 are made solely with the Board of Election Commissioners, and
32 where no general precinct registrations were provided for or
33 held within twenty-eight days before the election, an
34 application to have a name upon such register erased, as
-166- LRB9102308MWgc
1 provided for in Section 6-44, shall be made within two days
2 after the publication of the printed precinct register, and
3 the Board of Election Commissioners shall announce its
4 decision on such applications within four days after said
5 applications are made, and within four days after its
6 decision on such applications shall cause a supplemental
7 printed precinct register showing such correction as may be
8 necessary by reason of such decision to be printed in like
9 manner as hereinabove provided in Section 6-43 hereof, and
10 upon application a copy of the same shall be given to any
11 person applying therefor. Such list shall have printed on
12 the bottom thereof the facsimile signatures of the members of
13 the board of election commissioners. Said supplemental
14 printed precinct register shall be prima facie evidence that
15 the electors whose names appear thereon are entitled to vote.
16 or erase registrations or as to proceedings
18 before the Board of Election Commissioners or the circuit
19 court in the first registration under this Article shall not
20 be applicable to any subsequent primary or regular or special
21 election, the Board of Election Commissioners shall, with the
22 approval of the circuit court, adopt and publish a schedule
23 of dates which shall permit equal intervals of time therefor
24 as are provided for such first registrations.
25 After action by the Board of Election Commissioners and
26 by the circuit court, a supplemental list shall be prepared
27 and made available in the manner provided by Section 6-48 of
28 this Article.
29 Within 60 days after each general election the board of
30 election commissioners shall indicate by italics, asterisk,
31 or other means, on the list of registered voters in each
32 precinct, each registrant who voted at that general election,
33 and shall provide a copy of such list to the chairman of the
34 county central committee of each established political party
-167- LRB9102308MWgc
1 or to the chairman's duly authorized representative.
2 Within 60 days after the effective date of this
3 amendatory Act of 1983, the board of election commissioners
4 shall indicate by italics, asterisk, or other means, on the
5 list of registered voters in each precinct, each registrant
6 who voted at the general election of 1982, and shall provide
7 a copy of such coded list to the chairman of the county
8 central committee of each established political party or to
9 the chairman's duly authorized representative.
10 The board of election commissioners may charge a fee to
11 reimburse the actual cost of duplicating each copy of a list
12 provided under either of the 2 preceding paragraph paragraphs
13 The duplicate registration record cards shall
32 remain permanently in the office of the Board of Election
33 Commissioners; shall be filed alphabetically without regard
-168- LRB9102308MWgc
1 to wards or precincts; and shall be known as the master file.
2 record cards shall
3 constitute the official precinct registry of voters; shall be
4 filed by wards and precincts; and shall be known as the
5 precinct file. The precinct file original cards shall be
6 delivered to the judges of election by the Board of Election
7 Commissioners in a suitable binder or other device, which
8 shall be locked and sealed in accordance with directions to
9 be given by the Board of Election Commissioners and shall
10 also be suitably indexed for convenient use by the precinct
11 officers. The precinct files shall be delivered to the
12 precinct officers for use at the polls, on the day of
13 election and shall be returned to the Board of Election
14 Commissioners immediately after the close of the polls. The
15 board shall determine by rules the manner of delivery and
16 return to such precinct file. At all other times the precinct
17 file shall be retained at the office of the Board of Election
18 Commissioners except for such use of it as may be made under
19 this Code Article with respect to registration not at the
20 office of the Board of Election Commissioners.
21 (Source: P.A. 78-934.)
22 (10 ILCS 5/6-65.1 new)
23 Sec. 6-65.1. All precinct files in the form of a
24 computer printout shall contain the date of the election for
25 which it was generated, the precinct number or other
26 identifier, the number of registered voters in that precinct
27 and such other information as prescribed by rule of the State
28 Board of Elections and shall include but not be limited to
29 the following information concerning each registered voter of
30 the precinct as attested to on the Voter Registration
31 Application: last name, first name and middle name or
32 initial; residence address; date of birth, if provided; sex;
33 and shall include a true duplicate of the voter's signature.
-169- LRB9102308MWgc
1 Space shall be provided to record voter participation at that
2 election. Reproduction of the voter's signature and its
3 clarity, security and source document shall be in accord with
4 rule of the State Board of Elections and must not be provided
5 for any other purpose. Violation of this signature
6 reproduction restriction shall be a Class 3 felony and any
7 person who is convicted of violating this Section shall be
8 ineligible for public employment for a period of 5 years
9 immediately following the completion of that sentence.
10 (10 ILCS 5/6-65.2 new)
11 Sec. 6-65.2. Precinct files consisting of duplicate
12 registration cards and true duplicates of voter registration
13 applications shall be alphabetically arranged and up-dated
14 prior to each election. Such true duplicates must be clear
15 and of the same size as the original and be true duplicates
16 of the front and back of the original. Rule of the State
17 Board of Elections shall prescribe the weight of paper of the
18 true duplicates and other specifications necessary to ensure
19 a legible and durable precinct file.
20 (10 ILCS 5/6-66) (from Ch. 46, par. 6-66)
21 Sec. 6-66. Upon application to vote each registered
22 elector shall sign his name or make his mark as the case may
23 be, on a certificate substantially as follows:
24 "CERTIFICATE OF REGISTERED VOTER
25 City of ................. Ward .... Precinct ....
26 Election ...............(Date).......(Month)...........(Year)
27 Registration Record ....... Checked by ...............
28 Voter's number ....
29 INSTRUCTION TO VOTERS
30 Sign this certificate and hand it to the election
31 officers in charge. After the registration record has been
32 checked, the officer will hand it back to you. Whereupon you
-170- LRB9102308MWgc
1 shall present it to the officer in charge of the ballots.
2 I hereby certify that I am registered from the address
3 below and am qualified to vote.
4 Signature of voter ................
5 Residence address ................"
6 An individual shall not be required to provide his social
7 security number when applying for a ballot. He shall not be
8 denied a ballot, nor shall his ballot be challenged, solely
9 because of his refusal to provide his social security number.
10 Nothing in this Act prevents an individual from being
11 requested to provide his social security number when the
12 individual applies for a ballot. If, however, the certificate
13 contains a space for the individual's social security number,
14 the following notice shall appear on the certificate,
15 immediately above such space, in bold-face capital letters,
16 in type the size of which equals the largest type on the
17 certificate:
18 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT
19 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY
20 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS
21 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER
22 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER."
23 The applications of each State-wide political party at a
24 primary election shall be separately printed upon paper of
25 uniform quality, texture and size, but the applications of no
26 2 State-wide political parties shall be of the same color or
27 tint. If the election authority provides computer generated
28 applications with the precinct, ballot style, and voter's
29 name and address preprinted on the application, a single
30 application may be used for State-wide political parties if
31 it contains spaces or check-off boxes to indicate the
32 political party. Such applications may contain spaces or
33 check-off boxes permitting the voter to also request a
34 primary ballot of any political party which is established
-171- LRB9102308MWgc
1 only within a political subdivision and for which a primary
2 is conducted on the same election day. Such applications
3 shall not entitle the voter to vote in both the primary of a
4 State-wide political party and the primary of a local
5 political party with respect to the offices of the same
6 political subdivision or to vote in the primary of more than
7 one State-wide political party on the same day.
8 The judges in charge of the precinct registration files
9 shall compare the signature upon such certificate with the
10 signature in on the precinct file registration record card as
11 a means of identifying the voter. Unless satisfied by such
12 signature comparison that the applicant to vote is the
13 identical person who is registered under the same name, the
14 judges shall ask such applicant the questions for
15 identification which appear in on the precinct file
16 registration card, and if the applicant does not prove to the
17 satisfaction of a majority of the judges of the election
18 precinct that he is the identical person registered under the
19 name in question then the vote of such applicant shall be
20 challenged by a judge of election, and the same procedure
21 followed as provided in this Article and Act for challenged
22 voters.
23 In case the elector is unable to sign his name, a judge
24 of election shall check the data in on the precinct file
25 registration card and shall check the address given, with the
26 registered address, in order to determine whether he is
27 entitled to vote.
28 One of the judges of election shall check the certificate
29 of such applicant for a ballot after the precinct file
30 registration record has been examined, and shall sign his
31 initials on the certificate in the space provided therefor,
32 and shall enter upon such certificate the number of the voter
33 in the place provided therefor, and make an entry in the
34 voting record space in on the precinct file registration
-172- LRB9102308MWgc
1 record, to indicate whether or not the applicant voted. Such
2 judge shall then hand such certificate back to the applicant
3 in case he is permitted to vote, and such applicant shall
4 hand it to the judge of election in charge of the ballots.
5 The certificates of the voters shall be filed in the order in
6 which they are received and shall constitute an official poll
7 record. The terms "poll lists" and "poll books", where used
8 in this Article and Act, shall be construed to apply to such
9 official poll record.
10 After each general primary election the board of election
11 commissioners shall indicate by color code or other means
12 next to the name of each registrant on the list of registered
13 voters in each precinct the primary ballot of a political
14 party that the registrant requested at the general primary
15 election. The board of election commissioners, within 60 days
16 after that general primary election, shall provide a copy of
17 this coded list to the chairman of the county central
18 committee of each established political party or to the
19 chairman's duly authorized representative.
20 Within 60 days after the effective date of this
21 amendatory Act of 1983, the board of election commissioners
22 shall provide to the chairman of the county central committee
23 of each established political party or to the chairman's duly
24 authorized representative the list of registered voters in
25 each precinct at the time of the general primary election of
26 1982 and shall indicate on such list by color code or other
27 means next to the name of a registrant the primary ballot of
28 a political party that the registrant requested at the
29 general primary election of 1982.
30 The board of election commissioners may charge a fee to
31 reimburse the actual cost of duplicating each copy of a list
32 provided under the either of the 2 preceding paragraph
33 paragraphs.
34 Where an elector makes application to vote by signing and
-173- LRB9102308MWgc
1 presenting the certificate provided by this Section, and his
2 name is not found registration card is not found in the
3 precinct file registry of voters, but his name appears as
4 that of a registered voter in such precinct upon the printed
5 precinct register as corrected or revised by the supplemental
6 list, or upon the consolidated list, if any provided by this
7 Article and whose name has not been erased or withdrawn from
8 such register, the printed precinct register as corrected or
9 revised by the supplemental list, or consolidated list, if
10 any, shall be prima facie evidence of the elector's right to
11 vote upon compliance with the provisions hereinafter set
12 forth in this Section. In such event it shall be the duty of
13 any one of the judges of election shall to require an
14 affidavit by such person substantially in the form prescribed
15 in Section 17-10 of this Code and 2 voters residing in the
16 precinct before the judges of election that he is the same
17 person whose name appears upon the printed precinct register
18 as corrected or revised by the supplemental list, or
19 consolidated list, if any, and that he resides in the
20 precinct, stating the street and number of his residence, and
21 upon the presentation of such affidavits, a certificate shall
22 be issued to such elector, and upon the presentation of such
23 certificate and affidavits, he shall be entitled to vote. Any
24 elector whose name does not appear as a registered voter on
25 the printed precinct register or supplemental list but who
26 has a certificate issued by the board of election
27 commissioners as provided in Section 6-43 of this Article,
28 shall be entitled to vote upon the presentation of such
29 certificate accompanied by the affidavits of 2 voters
30 residing in the precinct that the elector is the same person
31 described in such certificate and that he resides in the
32 precinct, stating the street and number of his residence.
33 Forms for all affidavits required hereunder shall be supplied
34 by the board of election commissioners. All affidavits made
-174- LRB9102308MWgc
1 under this paragraph shall be preserved and returned to the
2 board of election commissioners in the manner provided by
3 this Article and Article 18 of this Code Act. It shall be the
4 duty of the board of election commissioners, within 30 days
5 after such election, to take the steps provided by Section
6 6-64 of this Article for the execution of new registration
7 affidavits by electors who have voted under the provisions of
8 this paragraph.
9 When the board of election commissioners delivers to the
10 judges of election for use at the polls a supplemental or
11 consolidated list of the printed precinct register, it shall
12 give a copy of the supplemental or consolidated list to the
13 chairman of a county central committee of an established
14 political party or to the chairman's duly authorized
15 representative.
16 Whenever 2 or more elections occur simultaneously, the
17 election official or officials charged with the duty of
18 providing application certificates may prescribe the form
19 thereof so that a voter is required to execute only one,
20 indicating in which of the elections he desires to vote.
21 After the signature has been verified, the judges shall
22 determine in which political subdivisions the voter resides
23 by use of the information contained in on the precinct file
24 voter registration cards or the separate registration lists
25 or other means approved by the State Board of Elections and
26 prepared and supplied by the election authority. The voter's
27 certificate shall be so marked by the judges as to show the
28 respective ballots which the voter is given.
29 (Source: P.A. 84-809.)
30 (10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
31 Sec. 6A-4. Upon the opening of the office of the county
32 board of election commissioners, the county clerk shall turn
33 over to such board all registry books, registration record
-175- LRB9102308MWgc
1 cards, registration application forms, precinct files, poll
2 books, tally sheets and ballot boxes and all other books,
3 forms, blanks and stationery of every description in his
4 hands in any way relating to elections or the holding of
5 elections in the county. Thereupon, all functions, powers and
6 duties of the county clerk or the county board relating to
7 elections are transferred to the county board of election
8 commissioners.
9 (Source: P.A. 78-465.)
10 (10 ILCS 5/7-23) (from Ch. 46, par. 7-23)
11 Sec. 7-23. All necessary primary poll books, official
12 poll records, voter registration applications, precinct
13 files, tally sheets, return blanks, stationery and other
14 necessary primary supplies shall be furnished by the same
15 authorities upon whom is imposed the duty of furnishing such
16 supplies at general elections, by this Code Act.
17 (Source: Laws 1943, vol. 2, p. 1.)
18 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
19 Sec. 7-43. Every person having resided in this State 6
20 months and in the precinct 30 days next preceding any primary
21 therein who shall be a citizen of the United States of the
22 age of 18 or more years, shall be entitled to vote at such
23 primary.
24 The following regulations shall be applicable to
25 primaries:
26 No person shall be entitled to vote at a primary:
27 (a) Unless he declares his party affiliations as
28 required by this Article.
29 (b) Who shall have signed the petition for nomination of
30 a candidate of any party with which he does not affiliate,
31 when such candidate is to be voted for at the primary.
32 (c) Who shall have signed the nominating papers of an
-176- LRB9102308MWgc
1 independent candidate for any office for which office
2 candidates for nomination are to be voted for at such
3 primary.
4 (c.5) If that person has participated in the town
5 political party caucus, under Section 45-50 of the Township
6 Code, of another political party by signing an affidavit of
7 voters attending the caucus within 45 days before the first
8 day of the calendar month in which the primary is held.
9 (d) (Blank). If he has voted at a primary held under
10 this Article 7 of another political party within a period of
11 23 calendar months next preceding the calendar month in which
12 such primary is held: Provided, participation by a primary
13 elector in a primary of a political party which, under the
14 provisions of Section 7-2 of this Article, is a political
15 party within a city, village or incorporated town or town
16 only and entitled hereunder to make nominations of candidates
17 for city, village or incorporated town or town offices only,
18 and for no other office or offices, shall not disqualify such
19 primary elector from participating in other primaries of his
20 party: And, provided, that no qualified voter shall be
21 precluded from participating in the primary of any purely
22 city, village or incorporated town or town political party
23 under the provisions of Section 7-2 of this Article by reason
24 of such voter having voted at the primary of another
25 political party within a period of 23 calendar months next
26 preceding the calendar month in which he seeks to participate
27 is held.
28 (e) (Blank). In cities, villages and incorporated towns
29 having a board of election commissioners only voters
30 registered as provided by Article 6 of this Act shall be
31 entitled to vote at such primary.
32 (f) No person shall be entitled to vote at a primary
33 unless he is registered under the provisions of Articles 3A,
34 4, 5 or 6 of this Code Act, when his registration is required
-177- LRB9102308MWgc
1 by any of said Articles to entitle him to vote at the
2 election with reference to which the primary is held.
3 (Source: P.A. 89-331, eff. 8-17-95.)
4 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
5 Sec. 7-44. Any person desiring to vote at a primary shall
6 state his name, residence and party affiliation to the
7 primary judges, one of whom shall thereupon announce the same
8 in a distinct tone of voice, sufficiently loud to be heard by
9 all persons in the polling place. When Article 3A, 4, 5 or 6
10 is applicable the Certificate of Registered Voter therein
11 prescribed shall be made and signed and the official poll
12 record shall be made. If the person desiring to vote is not
13 challenged, one of the primary judges shall give to him one,
14 and only one, primary ballot of the political party with
15 which he declares himself affiliated, on the back of which
16 such primary judge shall endorse his initials in such manner
17 that they may be seen when the primary ballot is properly
18 folded. If the person desiring to vote is challenged he shall
19 not receive a primary ballot from the primary judges until he
20 shall have established his right to vote as hereinafter
21 provided. No person who refuses to state his party
22 affiliation shall be allowed to vote at a primary.
23 A person who declares his party affiliation with a
24 statewide established political party and requests a primary
25 ballot of such party may nonetheless also declare his
26 affiliation with a political party established only within a
27 political subdivision, and may also vote in the primary of
28 such local party on the same election day, provided that such
29 voter may not vote in both such party primaries with respect
30 to offices of the same political subdivision. However, no
31 person declaring his affiliation with a statewide established
32 political party may vote in the primary of any other
33 statewide political party on the same election day.
-178- LRB9102308MWgc
1 (Source: P.A. 81-1535.)
2 (10 ILCS 5/7-45) (from Ch. 46, par. 7-45)
3 Sec. 7-45. (a) Whenever a person offering to vote at a
4 primary is challenged, and is not personally known to the
5 judges of election to have the qualifications required in
6 this Article to vote, the person so challenged shall make and
7 subscribe an affidavit in the following form, which shall be
8 presented to and retained by the primary judges and returned
9 by them affixed to the primary poll book or with the official
10 poll record:
11 State of Illinois)
12 )ss.
13 County of .......)
14 I, ...., do solemnly swear (or affirm) that I am a
15 citizen of the United States, of the age of 18 years or over,
16 and am qualified to vote under and by virtue of the
17 Constitution and laws of the State of Illinois, and am a
18 legally qualified voter of the precinct; that I now reside at
19 ....(insert street and number, if any) in this election
20 jurisdiction, precinct, and am a member of and affiliated
21 with the .... party; that I have not voted at a primary of
22 another political party within a period of 23 calendar months
23 prior to the calendar month in which this primary is being
24 held; and that I voted at the .... city, village,
25 incorporated town, or town primary, with the .... political
26 party at the .... election held in ...., .... which the
27 .... political party was entitled at such primary to make
28 nominations of candidates for city, village, incorporated
29 town or town offices only, and for no other offices, and that
30 the name or names of no candidate or candidates of the ....
31 political party (the political party with which the primary
32 elector declares himself affiliated) were, at such city,
33 village, incorporated town or town primary, printed on the
-179- LRB9102308MWgc
1 primary ballot; that I have not signed the petition for
2 nomination of a candidate of a political party with which I
3 am not affiliated, and that I have not signed the nominating
4 papers of an independent candidate for any office for which
5 office candidates for nomination are voted for at this
6 primary.
7 .........................
8 Subscribed and sworn to before me, on (insert date) this
9 .... day of ...., ....
10 .........................
11 Judge of Primary
12 In addition to such affidavit the person so challenged
13 shall provide to the judges of election proof of residence by
14 producing two forms of identification showing the person's
15 current residence address, provided that such identification
16 may include not more than one piece of mail addressed to the
17 person at his current residence address and postmarked not
18 earlier than 30 days prior to the date of the primary
19 election., or the person shall produce the affidavit of one
20 voter of the precinct, who shall be a qualified voter at such
21 primary, and who shall be personally known or proved to the
22 judges to be a voter in the precinct, which affidavit shall
23 be in the following form:
24 State of Illinois)
25 )ss.
26 County of........)
27 I,...., do solemnly swear (or affirm) that I am a voter
28 of this precinct and entitled to vote at this primary; that I
29 am acquainted with ....(name of the party challenged), whose
30 right to vote at this primary has been challenged; that I
31 know him or her to be an actual bona fide resident of this
32 precinct, and that he has resided herein 30 days, and I
33 verily believe he or she has resided in this State 30 days
34 next preceding this primary; that I verily believe he or she
-180- LRB9102308MWgc
1 is a member of and affiliated with the .... party.
2 .........................
3 Subscribed and sworn to before me, this .... day of
4 ...., ....
5 .........................
6 Judge of Primary
7 (b) Whenever, at any primary election, in any precinct,
8 district, city, village, incorporated town, town or ward, any
9 person offering to vote has moved within the election
10 jurisdiction prior to the primary election, he shall make and
11 subscribe an affidavit, in the following form, which shall be
12 retained by the judges of election, and returned by them
13 affixed to the official poll record:
14 State of Illinois)
15 )ss.
16 County of .......)
17 I, .........., do solemnly swear (or affirm) that I am a
18 citizen of the United States; that I am 18 years of age; that
19 I have not voted at this election; that preceding this
20 election I was a duly qualified and registered voter in every
21 respect in this election precinct; that I have moved from
22 (here give the particular house or place of residence, and,
23 if in a town or city, the street and number), in this
24 election precinct; that I now reside at (here give the
25 particular house or place of residence, and, if in a town or
26 city, the street and number), within the same election
27 jurisdiction *and the same Congressional District.
28 So help me God, (or "This I do solemnly and sincerely
29 affirm", as the case may be).
30 Signature of applicant..............................
31 Subscribed and sworn to before me on (insert date).
32 ...................
33 Judge of Election
34 *If you have changed Congressional District, draw a line
-181- LRB9102308MWgc
1 through "and the same Congressional District."
2 (c) Whenever at any primary election, in any precinct,
3 district, city, village, incorporated town, town or ward, any
4 person offering to vote has moved therefrom within 30 days
5 prior to the primary election, he shall make and subscribe an
6 affidavit, in the following form, which shall be supported by
7 providing to the judges of election proof of residence (i) by
8 producing 2 forms of identification showing the person's
9 current residence address, providing that this identification
10 may include not more than one piece of mail addressed to the
11 person at his current residence address and postmarked not
12 earlier than 30 days before the date of the election or (ii)
13 by one affidavit of a registered voter in the precinct, as
14 provided herein, both of which shall be retained by the
15 judges of election, and returned by them affixed to the poll
16 books or with the official poll record:
17 State of Illinois)
18 )ss.
19 County of .......)
20 I, ........, do solemnly swear (or affirm) that I am a
21 citizen of the United States; that I am 18 years of age; that
22 I have not voted at this election; that prior to 30 days
23 preceding this election I was a duly qualified and registered
24 voter in every respect in this election precinct; that I have
25 recently moved from (here give the particular house or place
26 of residence, and, if in a town or city, the street and
27 number), in this election precinct, that I now reside at
28 (here give the particular house or place of residence, and,
29 if in a town or city, the street and number), in another
30 election jurisdiction in the State.
31 So help me God, (or "This I do solemnly and sincerely
32 affirm", as the case may be).
33 ....................
34 Subscribed and sworn to before me on (insert date).
-182- LRB9102308MWgc
1 ....................
2 State of Illinois)
3 )ss.
4 County of .......)
5 .......... Precinct .......... Ward
6 I, .........., do solemnly swear (or affirm), that I am a
7 resident of this precinct and entitled to vote at this
8 election; that I am acquainted with .......... (name of the
9 applicant; that I verily believe him to have been an actual
10 bona fide resident and registered voter of this precinct and
11 that he maintained a legal residence therein, 30 days next
12 preceding this election.
13 ....................
14 Subscribed and sworn to before me on (insert date).
15 ....................
16 Judge of Election
17 The oath may be administered by either of the judges of
18 election, or by any officer, resident in the precinct or
19 district, authorized by law to administer oaths.
20 (Source: P.A. 86-867.)
21 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
22 Sec. 7-47. Before leaving the booth, the primary elector
23 shall fold his primary ballot in such manner as to conceal
24 the marks thereon. Such voter shall then vote forthwith by
25 handing the primary judge the primary ballot received by such
26 voter. Thereupon the primary judge shall deposit such primary
27 ballot in the ballot box. One of the judges shall thereupon
28 enter in the primary poll book the name of the primary
29 elector, his residence and his party affiliation or shall
30 make the entries on the official poll record as required by
31 Articles 3A, 4, 5 and 6, if any one of them is applicable.
32 Where voting machines or electronic voting systems are
33 used, the provisions of this section may be modified as
-183- LRB9102308MWgc
1 required or authorized by Article 24 or Article 24A,
2 whichever is applicable.
3 (Source: Laws 1965, p. 2220.)
4 (10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
5 Sec. 7-47.1. (a) In the case of an emergency, as
6 determined by the State Board of Elections, or if the Board
7 determines that all potential polling places have been
8 surveyed by the election authority and that no accessible
9 polling place, as defined by rule of the State Board of
10 Elections, is available within a precinct nor is the election
11 authority able to make a polling place within the precinct
12 temporarily accessible, the Board, upon written application
13 by the election authority, is authorized to grant an
14 exemption from the accessibility requirements of the Federal
15 Voting Accessibility for the Elderly and Handicapped Act
16 (Public Law 98-435). Such exemption shall be valid for a
17 period of 2 years.
18 (b) Any temporarily or permanently physically disabled
19 voter who, because of structural features of the building in
20 which the polling place is located, is unable to access or
21 enter the polling place, may request that 2 judges of
22 election of opposite party affiliation deliver a ballot to
23 him or her at the point where he or she is unable to continue
24 forward motion toward the polling place; but, in no case,
25 shall a ballot be delivered to the voter beyond 50 feet of
26 the entrance to the building in which the polling place is
27 located. Such request shall be made to the election
28 authority not later than the close of business at the
29 election authority's office on the day before the election
30 and on a form prescribed by the State Board of Elections.
31 The election authority shall notify the judges of election
32 for the appropriate precinct polling places of such requests.
33 Weather permitting, 2 judges of election shall deliver to
-184- LRB9102308MWgc
1 the disabled voter the ballot which he or she is entitled to
2 vote, a portable voting booth or other enclosure that will
3 allow such voter to mark his or her ballot in secrecy, and a
4 marking device.
5 (c) The voter must complete the entire voting process,
6 including the application for ballot from which the judges of
7 election shall compare the voter's signature with the
8 signature on his or her signature registration record card in
9 the file precinct binder.
10 After the voter has marked his or her ballot and placed
11 it in the ballot envelope (or folded it in the manner
12 prescribed for paper ballots), the 2 judges of election shall
13 return the ballot to the polling place and give it to the
14 judge in charge of the ballot box who shall deposit it
15 therein.
16 Pollwatchers as provided in Sections 7-34 and 17-23 of
17 this Code shall be permitted to accompany the judges and
18 observe the above procedure.
19 No assistance may be given to such voter in marking his
20 or her ballot, unless the voter requests assistance and
21 completes the affidavit required by Section 17-14 of this
22 Code.
23 (Source: P.A. 84-808.)
24 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
25 Sec. 17-9. Any person desiring to vote shall give his
26 name and, if required to do so, his residence to the judges
27 of election, one of whom shall thereupon announce the same in
28 a loud and distinct tone of voice, clear, and audible; the
29 judges of elections shall check each application for ballot
30 against the list of voters registered in that precinct to
31 whom absentee ballots have been issued for that election,
32 which shall be provided by the election authority and which
33 list shall be available for inspection by pollwatchers. A
-185- LRB9102308MWgc
1 voter applying to vote in the precinct on election day whose
2 name appears on the list as having been issued an absentee
3 ballot shall not be permitted to vote in the precinct unless
4 that voter submits to the judges of election, for
5 cancellation or revocation, his absentee ballot. In the case
6 that the voter's absentee ballot is not present in the
7 polling place, it shall be sufficient for any such voter to
8 submit to the judges of election in lieu of his absentee
9 ballot, either a portion of such ballot if torn or mutilated,
10 an affidavit executed before the judges of election
11 specifying that the voter never received an absentee ballot,
12 or an affidavit executed before the judges of election
13 specifying that the voter desires to cancel or revoke any
14 absentee ballot that may have been cast in the voter's name.
15 All applicable provisions of Articles 3A, 4, 5 or 6 shall be
16 complied with and if such name is found on the register of
17 voters or precinct file by the officer having charge thereof,
18 he shall likewise repeat said name, and the voter shall be
19 allowed to enter within the proximity of the voting booths,
20 as above provided. One of the judges shall give the voter
21 one, and only one of each ballot to be voted at the election,
22 on the back of which ballots such judge shall indorse his
23 initials in such manner that they may be seen when each such
24 ballot is properly folded, and the voter's name shall be
25 immediately checked on the register list. In those election
26 jurisdictions where perforated ballot cards are utilized of
27 the type on which write-in votes can be cast above the
28 perforation, the election authority shall provide a space
29 both above and below the perforation for the judge's
30 initials, and the judge shall endorse his or her initials in
31 both spaces. Whenever a proposal for a constitutional
32 amendment or for the calling of a constitutional convention
33 is to be voted upon at the election, the separate blue ballot
34 or ballots pertaining thereto shall, when being handed to the
-186- LRB9102308MWgc
1 voter, be placed on top of the other ballots to be voted at
2 the election in such manner that the legend appearing on the
3 back thereof, as prescribed in Section 16-6 of this Act,
4 shall be plainly visible to the voter. At all elections,
5 when a registry may be required, if the name of any person so
6 desiring to vote at such election is not found on the
7 register of voters, he or she shall not receive a ballot
8 until he or she shall have complied with the law prescribing
9 the manner and conditions of voting by such unregistered
10 voters. If any person desiring to vote at any election shall
11 be challenged, he or she shall not receive a ballot until he
12 or she shall have established his right to vote in the manner
13 provided hereinafter; and if he or she shall be challenged
14 after he has received his ballot, he shall not be permitted
15 to vote until he or she has fully complied with such
16 requirements of the law upon being challenged. Besides the
17 election officer, not more than 2 voters in excess of the
18 whole number of voting booths provided shall be allowed
19 within the proximity of the voting booths at one time. The
20 provisions of this Act, so far as they require the
21 registration of voters as a condition to their being allowed
22 to vote shall not apply to persons otherwise entitled to
23 vote, who are, at the time of the election, or at any time
24 within 60 days prior to such election have been engaged in
25 the military or naval service of the United States, and who
26 appear personally at the polling place on election day and
27 produce to the judges of election satisfactory evidence
28 thereof, but such persons, if otherwise qualified to vote,
29 shall be permitted to vote at such election without previous
30 registration.
31 All such persons shall also make an affidavit which shall
32 be in substantially the following form:
33 State of Illinois,)
34 ) ss.
-187- LRB9102308MWgc
1 County of ........)
2 ............... Precinct .......... Ward
3 I, ...., do solemnly swear (or affirm) that I am a
4 citizen of the United States, of the age of 18 years or over,
5 and that within the past 60 days prior to the date of this
6 election at which I am applying to vote, I have been engaged
7 in the .... (military or naval) service of the United States;
8 and I am qualified to vote under and by virtue of the
9 Constitution and laws of the State of Illinois, and that I am
10 a legally qualified voter of this precinct and ward except
11 that I have, because of such service, been unable to register
12 as a voter; that I now reside at .... (insert street and
13 number, if any) in this precinct and ward; that I have
14 maintained a legal residence in this precinct and ward for 30
15 days and in this State 30 days next preceding this election.
16 .........................
17 Subscribed and sworn to before me on (insert date). this
18 .... day of...., 19...
19 .........................
20 Judge of Election.
21 The affidavit of any such person shall be supported by
22 the affidavit of a resident and qualified voter of any such
23 precinct and ward, which affidavit shall be in substantially
24 the following form:
25 State of Illinois,)
26 ) ss.
27 County of ........)
28 ........... Precinct ........... Ward
29 I, ...., do solemnly swear (or affirm), that I am a
30 resident of this precinct and ward and entitled to vote at
31 this election; that I am acquainted with .... (name of the
32 applicant); that I verily believe him to be an actual bona
33 fide resident of this precinct and ward and that I verily
34 believe that he or she has maintained a legal residence
-188- LRB9102308MWgc
1 therein 30 days and in this State 30 days next preceding this
2 election.
3 .........................
4 Subscribed and sworn to before me this .... day of....,
5 19...
6 .........................
7 Judge of Election.
8 All affidavits made under the provisions of this Section
9 shall be enclosed in a separate envelope securely sealed, and
10 shall be transmitted with the returns of the elections to the
11 election authority county clerk or to the board of election
12 commissioners, who shall preserve the said affidavits for the
13 period of 6 months, during which period such affidavits shall
14 be deemed public records and shall be freely open to
15 examination as such.
16 (Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.)
17 (10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
18 Sec. 17-10. (a) Whenever, at any election, in any
19 precinct, any person offering to vote is not personally known
20 to the judges of election to have the qualifications required
21 in this Act, if his vote is challenged by a legal voter at
22 such election, he or she shall make and subscribe an
23 affidavit, in the following form, which shall be retained by
24 the judges of election, and returned by them affixed to the
25 poll books or with the official poll record:
26 State of Illinois)
27 )ss.
28 County of .......)
29 I, ...., do solemnly swear (or affirm) that I am a
30 citizen of the United States; that I am 18 years of age or
31 over; that I have resided in this State and in this election
32 precinct district 30 days next preceding this election; that
33 I have not voted at this election; that I am a duly qualified
-189- LRB9102308MWgc
1 voter in every respect; that I now reside at (here give the
2 particular house or place of residence, and, if in a town or
3 city, the street and number), in this election jurisdiction
4 district; *1. that I registered to vote from said address;
5 *2. that I changed my residence to the above address from
6 ...., both of which is are in this election precinct and from
7 where I am registered to vote district; *3. that I changed my
8 name from .... to that which I have signed below; *4. that I
9 have not changed my residence but my address has changed as a
10 result of implementation of a 9-1-1 emergency telephone
11 system.
12 So help me God, (or "This I do solemnly and sincerely
13 affirm", as the case may be).
14 .........................
15 Subscribed and sworn to before me on (insert date) this
16 .... day of ...., 19...
17 .........................
18 *1. If your present address is not the address from
19 which you are registered to vote If registration is not
20 required, draw a line through 1 above.
21 *2. Fill in the blank ONLY if not more than 2 federal
22 elections have been held since you moved you have moved
23 within 2 years.
24 *3. Fill in the blank ONLY if you have changed your name
25 within 2 years.
26 *4. Fill in the blank ONLY if you have not changed your
27 residence but your address has changed as a result of
28 implementation of a 9-1-1 emergency telephone system.
29 In addition to such an affidavit, the person so
30 challenged shall provide to the judges of election proof of
31 residence by producing two forms of identification showing
32 the person's current residence address, provided that such
33 identification may include not more than one piece of mail
34 addressed to the person at his current residence address and
-190- LRB9102308MWgc
1 postmarked not earlier than 30 days prior to the date of the
2 election, or the person shall procure a witness personally
3 known to the judges of election, and resident in the precinct
4 (or district), or who shall be proved by some legal voter of
5 such precinct or district, known to the judges to be such,
6 who shall take the oath following, viz:
7 I do solemnly swear (or affirm) that I am a resident of
8 this election precinct (or district), and entitled to vote at
9 this election, and that I have been a resident of this State
10 for 30 days last past, and am well acquainted with the person
11 whose vote is now offered; that he is an actual and bona fide
12 resident of this election precinct (or district), and has
13 resided herein 30 days, and as I verily believe, in this
14 State, 30 days next preceding this election.
15 The oath in each case may be administered by either of
16 the judges of election, or by any officer, resident in the
17 precinct or district, authorized by law to administer oaths.
18 (a-1) Whenever, at any regular or special election, in
19 any precinct, district, city, village, incorporated town,
20 town or ward, any person offering to vote has moved within
21 the election jurisdiction prior to the regular or special
22 election, he shall make and subscribe an affidavit, in the
23 following form, which shall be retained by the judges of
24 election, and returned by them affixed to the official poll
25 record:
26 State of Illinois)
27 )ss.
28 County of .......)
29 I, .........., do solemnly swear (or affirm) that I am a
30 citizen of the United States; that I am 18 years of age; that
31 I have not voted at this election; that preceding this
32 election I was a duly qualified and registered voter in every
33 respect in this election precinct; that I have moved from
34 (here give the particular house or place of residence, and,
-191- LRB9102308MWgc
1 if in a town or city, the street and number), in this
2 election precinct; that I now reside at (here give the
3 particular house or place of residence, and, if in a town or
4 city, the street and number), within the same election
5 jurisdiction *and the same Congressional District.
6 So help me God, (or "This I do solemnly and sincerely
7 affirm", as the case may be).
8 Signature of applicant...........................
9 Subscribed and sworn to before me on (insert date)
10 ....................
11 Judge of Election
12 *If you have changed Congressional District, draw a line
13 through "and the same Congressional District."
14 (b) Whenever, at any regular or special election, in any
15 precinct, district, city, village, incorporated town, town or
16 ward, any person offering to vote has moved therefrom within
17 30 days prior to said regular or special election, he shall
18 make and subscribe an affidavit, in the following form, which
19 shall be supported by providing to the judges of election
20 proof of residence by producing two forms of identification
21 showing the person's current residence address, provided that
22 such identification may include not more than one piece of
23 mail addressed to the person at his current residence address
24 and postmarked not earlier than 30 days prior to the date of
25 the election, or by one 1 affidavit of a registered voter in
26 the precinct, as provided herein, both of which shall be
27 retained by the judges of election, and returned by them
28 affixed to the poll books or with the official poll record:
29 State of Illinois)
30 )ss.
31 County of .......)
32 I, ........., do solemnly swear (or affirm) that I am a
33 citizen of the United States; that I am 18 years of age;
34 that I have not voted at this election; that prior to 30 days
-192- LRB9102308MWgc
1 preceding this election I was a duly qualified and registered
2 voter in every respect in this election precinct district;
3 that I have recently moved from (here give the particular
4 house or place of residence, and, if in a town or city, the
5 street and number), in this election precinct district; that
6 I now reside at (here give the particular house or place of
7 residence, and, if in a town or city, the street and number),
8 in another election jurisdiction district in the State.
9 So help me God, (or "This I do solemnly and sincerely
10 affirm", as the case may be).
11 ......................
12 Subscribed and sworn to before me on (insert date). this
13 ............. day of ........, 19......
14 ......................
15 State of Illinois)
16 )ss.
17 County of .......)
18 ......... Precinct ........ Ward
19 I, ........, do solemnly swear (or affirm), that I am a
20 resident of this precinct and entitled to vote at this
21 election; that I am acquainted with .... (name of the
22 applicant); that I verily believe him to have been an actual
23 bona fide resident and registered voter of this precinct and
24 that he maintained a legal residence therein, 30 days next
25 preceding this election.
26 ....................
27 Subscribed and sworn to before me on (insert date). this
28 .... day of...., 19...
29 ....................
30 Judge of Election.
31 The oath may be administered by either of the judges of
32 election, or by any officer, resident in the precinct or
33 district, authorized by law to administer oaths.
34 (Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.)
-193- LRB9102308MWgc
1 (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
2 Sec. 17-13. (a) In the case of an emergency, as
3 determined by the State Board of Elections, or if the Board
4 determines that all potential polling places have been
5 surveyed by the election authority and that no accessible
6 polling place, as defined by rule of the State Board of
7 Elections, is available within a precinct nor is the election
8 authority able to make a polling place within the precinct
9 temporarily accessible, the Board, upon written application
10 by the election authority, is authorized to grant an
11 exemption from the accessibility requirements of the Federal
12 Voting Accessibility for the Elderly and Handicapped Act
13 (Public Law 98-435). Such exemption shall be valid for a
14 period of 2 years.
15 (b) Any temporarily or permanently physically disabled
16 voter who, because of structural features of the building in
17 which the polling place is located, is unable to access or
18 enter the polling place, may request that 2 judges of
19 election of opposite party affiliation deliver a ballot to
20 him or her at the point where he or she is unable to continue
21 forward motion toward the polling place; but, in no case,
22 shall a ballot be delivered to the voter beyond 50 feet of
23 the entrance to the building in which the polling place is
24 located. Such request shall be made to the election
25 authority not later than the close of business at the
26 election authority's office on the day before the election
27 and on a form prescribed by the State Board of Elections.
28 The election authority shall notify the judges of election
29 for the appropriate precinct polling places of such requests.
30 Weather permitting, 2 judges of election shall deliver to
31 the disabled voter the ballot which he or she is entitled to
32 vote, a portable voting booth or other enclosure that will
33 allow such voter to mark his or her ballot in secrecy, and a
34 marking device.
-194- LRB9102308MWgc
1 (c) The voter must complete the entire voting process,
2 including the application for ballot from which the judges of
3 election shall compare the voter's signature with his or her
4 the signature on his or her registration record card in the
5 precinct file binder.
6 After the voter has marked his or her ballot and placed
7 it in the ballot envelope (or folded it in the manner
8 prescribed for paper ballots), the 2 judges of election shall
9 return the ballot to the polling place and give it to the
10 judge in charge of the ballot box who shall deposit it
11 therein.
12 Pollwatchers as provided in Sections 7-34 and 17-23 of
13 this Code shall be permitted to accompany the judges and
14 observe the above procedure.
15 No assistance may be given to such voter in marking his
16 or her ballot, unless the voter requests assistance and
17 completes the affidavit required by Section 17-14 of this
18 Code.
19 (Source: P.A. 84-808.)
20 (10 ILCS 5/18-1) (from Ch. 46, par. 18-1)
21 Sec. 18-1. The provisions of this Article 18 shall be
22 applicable only to and in municipalities operating under
23 Article 6 of this Act.
24 As part of any canvass being conducted by a Board of
25 Election Commissioners At every election in any municipality
26 operating under Article 6 of this Code Act, each of the
27 political parties shall have the right to designate a
28 canvasser for each election precinct, who may make a canvass
29 of the precinct in which he is appointed to act, not less
30 than 20 nor more than 31 days previous to such election, for
31 the purpose of ascertaining the names and addresses of the
32 legal voters residing in such precinct. An authority signed
33 by the executive director of the board of election
-195- LRB9102308MWgc
1 commissioners, shall be sufficient evidence of the right of
2 such canvasser to make a canvass of the precinct in which he
3 is appointed to act. The executive director of the board of
4 election commissioners shall issue such certificate of
5 authority to any person designated in a written request
6 signed by the recognized chairman or presiding officer of the
7 chief managing committee of a political party in such city,
8 village or incorporated town; and a record shall be kept in
9 the office of the election commissioners of all appointments
10 of such canvassers. In making such canvass no person shall
11 refuse to answer questions and give the information asked for
12 and known to him or her.
13 (Source: P.A. 82-373.)
14 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
15 Sec. 18-5. Any person desiring to vote and whose name is
16 found upon the register of voters or precinct file by the
17 person having charge thereof, shall then be asked to state
18 his or her name and residence to the judges of election, one
19 of whom shall thereupon announce the same in a loud and
20 distinct tone of voice, clear and audible questioned by one
21 of the judges as to his nativity, his term of residence at
22 present address, precinct, State and United States, his age,
23 whether naturalized and if so the date of naturalization
24 papers and court from which secured, and he shall be asked to
25 state his residence when last previously registered and the
26 date of the election for which he then registered. The judges
27 of elections shall check each application for ballot against
28 the list of voters registered in that precinct to whom
29 absentee ballots have been issued for that election, which
30 shall be provided by the election authority and which list
31 shall be available for inspection by pollwatchers. A voter
32 applying to vote in the precinct on election day whose name
33 appears on the list as having been issued an absentee ballot
-196- LRB9102308MWgc
1 shall not be permitted to vote in the precinct unless that
2 voter submits to the judges of election, for cancellation or
3 revocation, his absentee ballot. In the case that the
4 voter's absentee ballot is not present in the polling place,
5 it shall be sufficient for any such voter to submit to the
6 judges of election in lieu of his absentee ballot, either a
7 portion of such ballot if torn or mutilated, an affidavit
8 executed before the judges of election specifying that the
9 voter never received an absentee ballot, or an affidavit
10 executed before the judges of election specifying that the
11 voter desires to cancel or revoke any absentee ballot that
12 may have been cast in the voter's name. If such person so
13 registered shall be challenged as disqualified, the party
14 challenging shall assign his reasons therefor, and thereupon
15 one of the judges shall administer to him an oath to answer
16 questions, and if he shall take the oath he shall then be
17 questioned by the judge or judges touching such cause of
18 challenge, and touching any other cause of disqualification.
19 And he may also be questioned by the person challenging him
20 in regard to his qualifications and identity. But if a
21 majority of the judges are of the opinion that he is the
22 person so registered and a qualified voter, his vote shall
23 then be received accordingly. But if his vote be rejected by
24 such judges, such person may afterward produce and deliver an
25 affidavit to such judges, subscribed and sworn to by him
26 before one of the judges, in which it shall be stated how
27 long he has resided in such precinct, and state; that he is a
28 citizen of the United States, and is a duly qualified voter
29 in such precinct, and that he is the identical person so
30 registered. In addition to such an affidavit, the person so
31 challenged shall provide to the judges of election proof of
32 residence by producing 2 forms of identification showing the
33 person's current residence address, provided that such
34 identification to the person at his current residence address
-197- LRB9102308MWgc
1 and postmarked not earlier than 30 days prior to the date of
2 the election, or the person shall procure a witness
3 personally known to the judges of election, and resident in
4 the precinct (or district), or who shall be proved by some
5 legal voter of such precinct or district, known to the judges
6 to be such, who shall take the oath following, viz:
7 I do solemnly swear (or affirm) that I am a resident of
8 this election precinct (or district), and entitled to vote at
9 this election, and that I have been a resident of this State
10 for 30 days last past, and am well acquainted with the person
11 whose vote is now offered; that he is an actual and bona fide
12 resident of this election precinct (or district), and has
13 resided herein 30 days, and as I verily believe, in this
14 State, 30 days next preceding this election.
15 The oath in each case may be administered by one of the
16 judges of election, or by any officer, resident in the
17 precinct or district, authorized by law to administer oaths.
18 Also supported by an affidavit by a registered voter residing
19 in such precinct, stating his own residence, and that he
20 knows such person; and that he does reside at the place
21 mentioned and has resided in such precinct and state for the
22 length of time as stated by such person, which shall be
23 subscribed and sworn to in the same way. Whereupon the vote
24 of such person shall be received, and entered as other votes.
25 But such judges, having charge of such registers, shall state
26 in their respective books the facts in such case, and the
27 affidavits, so delivered to the judges, shall be preserved
28 and returned to the office of the commissioners of election.
29 Blank affidavits of the character aforesaid shall be sent out
30 to the judges of all the precincts, and the judges of
31 election shall furnish the same on demand and administer the
32 oaths without criticism. Such oaths, if administered by any
33 other officer than such judge of election, shall not be
34 received. Whenever a proposal for a constitutional amendment
-198- LRB9102308MWgc
1 or for the calling of a constitutional convention is to be
2 voted upon at the election, the separate blue ballot or
3 ballots pertaining thereto shall be placed on top of the
4 other ballots to be voted at the election in such manner that
5 the legend appearing on the back thereof, as prescribed in
6 Section 16-6 of this Act, shall be plainly visible to the
7 voter, and in this fashion the ballots shall be handed to the
8 voter by the judge. The judges having charge of the register
9 of voters shall then, in a space provided thereon for that
10 voter and that election, mark "Voter" or the letter "V".
11 The voter shall, upon quitting the voting booth, deliver
12 to one of the judges of election all of the ballots, properly
13 folded, which he received. The judge of election to whom the
14 voter delivers his ballots shall not accept the same unless
15 all of the ballots given to the voter are returned by him. If
16 a voter delivers less than all of the ballots given to him,
17 the judge to whom the same are offered shall advise him in a
18 voice clearly audible to the other judges of election that
19 the voter must return the remainder of the ballots. The
20 statement of the judge to the voter shall clearly express the
21 fact that the voter is not required to vote such remaining
22 ballots but that whether or not he votes them he must fold
23 and deliver them to the judge. In making such statement the
24 judge of election shall not indicate by word, gesture or
25 intonation of voice that the unreturned ballots shall be
26 voted in any particular manner. No new voter shall be
27 permitted to enter the voting booth of a voter who has failed
28 to deliver the total number of ballots received by him until
29 such voter has returned to the voting booth pursuant to the
30 judge's request and again quit the booth with all of the
31 ballots required to be returned by him. Upon receipt of all
32 such ballots the judges of election shall enter the name of
33 the voter, and his number, as above provided in this section,
34 and the judge to whom the ballots are delivered shall
-199- LRB9102308MWgc
1 immediately put the ballots into the ballot box. If any voter
2 who has failed to deliver all the ballots received by him
3 refuses to return to the voting booth after being advised by
4 the judge of election as herein provided, the judge shall
5 inform the other judges of such refusal, and thereupon the
6 ballot or ballots returned to the judge shall be deposited in
7 the ballot box, the voter shall be permitted to depart from
8 the polling place, and a new voter shall be permitted to
9 enter the voting booth.
10 The judge of election who receives the ballot or ballots
11 from the voter shall announce the residence and name of such
12 voter in a loud voice. The judge shall put the ballot or
13 ballots received from the voter into the ballot box in the
14 presence of the voter and the judges of election, and in
15 plain view of the public. The judges having charge of such
16 registers shall then, in a column prepared thereon, in the
17 same line of, the name of the voter, mark "Voted" or the
18 letter "V".
19 No judge of election shall accept from any voter less
20 than the full number of ballots received by such voter
21 without first advising the voter in the manner above provided
22 of the necessity of returning all of the ballots, nor shall
23 any such judge advise such voter in a manner contrary to that
24 which is herein permitted, or in any other manner violate the
25 provisions of this Section; provided, that the acceptance by
26 a judge of election of less than the full number of ballots
27 delivered to a voter who refuses to return to the voting
28 booth after being properly advised by such judge shall not be
29 a violation of this Section.
30 The provisions of Section 17-10, insofar as applicable to
31 challenged and affidavit voting procedures, shall be
32 applicable in this Section.
33 (Source: P.A. 89-653, eff. 8-14-96.)
-200- LRB9102308MWgc
1 (10 ILCS 5/18-15) (from Ch. 46, par. 18-15)
2 Sec. 18-15. The official poll record poll books shall be
3 enclosed in an envelope, which shall then be securely sealed
4 with sealing wax, or other adhesive material; and each of the
5 judges shall write his name across every fold at which the
6 envelope if unfastened could be opened.
7 (Source: Laws 1957, p. 1450.)
8 (10 ILCS 5/18-16) (from Ch. 46, par. 18-16)
9 Sec. 18-16. Thereupon one of the judges of election shall
10 take charge of the official poll record poll books and the
11 key to the ballot box. Two of the judges shall each take one
12 of the statements of the votes cast into his possession
13 sealed up in the envelopes as aforesaid, and each of the
14 remaining 2 judges shall take one of the tally sheets sealed
15 up in the envelopes as aforesaid. Thereupon the judge having
16 possession of such official poll record poll books shall
17 immediately deliver the record poll books to the Board of
18 Election Commissioners, or to the person or persons delegated
19 by the board to receive such envelopes, and at such place or
20 places within the area served by the board as pre-determined
21 by the board, with the seal unbroken and shall receive a
22 receipt therefor; and the other judges shall immediately
23 deliver the statements and tallies so in their possession
24 respectively, to the respective officers to whom addressed as
25 aforesaid and who, by this Act, are entitled to receive the
26 same, and when delivered, each one shall take a receipt from
27 the officer to whom delivered. Such envelopes shall be
28 delivered to such officers or their duly authorized and
29 appointed representatives, at the time and place where such
30 envelopes are delivered to the Board of Election
31 Commissioners or its designated receiving stations as
32 pre-determined by the board, as hereinabove provided for. And
33 none of them shall receive pay for their services as such
-201- LRB9102308MWgc
1 judges without the production of the receipts so given them
2 by the officers as aforesaid. It shall be the duty of the
3 respective officers so designated, to whom such statements
4 and tallies are ordered to be delivered, to receive the same,
5 and to safely keep under lock and key until ordered to be
6 surrendered as herein provided; and the Board of Election
7 Commissioners shall safely keep such poll records books under
8 lock and key for one year.
9 Where voting machines or electronic voting systems are
10 used, the provisions of this Section may be modified as
11 required or authorized by Article 24 or Article 24A,
12 whichever is applicable.
13 (Source: P.A. 76-1309.)
14 (10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
15 Sec. 20-13. If otherwise qualified to vote, any person
16 not covered by Sections 20-2, 20-2.1 or 20-2.2 of this
17 Article who is not registered to vote and who is temporarily
18 absent from his county of residence, may make special
19 application to the election authority having jurisdiction
20 over his precinct of permanent residence by mail, not less
21 than 5 days before a presidential election, or in person in
22 the office of the election authority, not more than 30 nor
23 less than 1 day before a presidential election, for an
24 absentee ballot to vote for the president and vice-president
25 only. Such application shall be furnished by the election
26 authority and shall be in substantially the following form:
27 SPECIAL ABSENTEE BALLOT APPLICATION (For use by
28 non-registered Illinois residents temporarily absent from the
29 county to vote for the president and vice-president only)
30 AFFIDAVIT
31 1. I hereby request an absentee ballot to vote for the
32 president and vice-president only ......... (insert date of
33 general election)
-202- LRB9102308MWgc
1 2. I am a citizen of the United States and a permanent
2 resident of Illinois.
3 3. I have maintained, and still maintain, a permanent
4 abode in Illinois for the past .......... years at:
5 .......... (House) .......... (Number) .......... (Street)
6 .......... (City) .......... (Village) .......... (Town)
7 4. I will not be able to regularly register in person as
8 a voter because .................... (Give reason for
9 temporary absence such as "Student", "Temporary job
10 transfer", etc.)
11 5. I was born .......... (Month) .......... (Day)
12 .......... (Year) in .................... (State or County);
13 6. To be filled in only by a person who is foreign-born
14 (If answer is "yes" in either a. or b. below, fill in
15 appropriate information in c.):
16 a. One or both of my parents were United States citizens
17 at the time of my birth?
18 ( ) YES ( ) NO)
19 b. My United States citizenship was derived through an
20 act of the Congress of the United States?
21 ( ) YES ( ) NO
22 c. The name of the court issuing papers and the date
23 thereof upon which my United States citizenship was derived
24 is .................... located in .......... (City)
25 .......... (State) on .......... (Month) .......... (Day)
26 .......... (Year)
27 (For persons who derived citizenship through papers
28 issued through a parent or spouse, fill in the following)
29 (1) My parents or spouse's name is:
30 ......... (First) .......... (Middle) .......... (Last)
31 (2) ........ (Month) .......... (Day) .......... (Year)
32 is the date of my marriage or my age at which time I
33 derived my citizenship.
34 7. I am not registered as a voter in any other county in
-203- LRB9102308MWgc
1 the State of Illinois or in any other State.
2 8. I am not requesting a ballot from any other place and
3 am not voting in any other manner in this election and I have
4 not voted and do not intend to vote in this election at any
5 other address. (If absentee request), I request that you mail
6 my ballot to the following address:
7 (Print name and complete mailing address)
8 .........................................
9 .........................................
10 .........................................
11 9. Under penalties as provided by law pursuant to
12 Article 29 of The Election Code, the undersigned certifies
13 that the statements set forth in this application are true
14 and correct.
15 ......................
16 Signature of Applicant
17 The procedures set forth in Sections 20-4 through 20-12
18 of this Article, insofar as they may be made applicable,
19 shall be applicable to absentee voting under this Section.
20 (Source: P.A. 86-875.)
21 (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
22 Sec. 20-13.1. Any person not covered by Sections 20-2,
23 20-2.1 or 20-2.2 of this Article who is registered to vote
24 but who is disqualified from voting because he moved outside
25 his election jurisdiction precinct during the 30 days
26 preceding a presidential election may make special
27 application to the election authority having jurisdiction
28 over his precinct of former residence by mail, not more than
29 30 nor less than 5 days before a presidential Federal
30 election, or in person in the office of the election
31 authority, not more than 30 nor less than 1 day before a
32 presidential Federal election, for an absentee ballot to vote
33 for the president and vice-president only. Such application
-204- LRB9102308MWgc
1 shall be furnished by the election authority and shall be in
2 substantially the following form:
3 SPECIAL VOTER APPLICATION
4 (For use by registered Illinois voters disqualified for
5 having moved outside their election jurisdiction precinct on
6 or after the 30th day preceding the election, to vote for
7 president and vice-president only.)
8 1. I hereby request a ballot to vote for president and
9 vice-president only on .......... (insert date of general
10 election).
11 2. I am a citizen of the United States and my present
12 address is: .................... (Residence Number)
13 .......... (Street) ....................
14 (City/Village/Township) .......... (County) ..........
15 (State).
16 3. As of .......... (Month), .......... (Day),
17 .......... (Year) I was a registered voter at ..........
18 (Residence Number) .......... (Street) ....................
19 (City/Village/Township).
20 4. I moved to my present address on .......... (Month)
21 .......... (Day) .......... (Year).
22 5. I have not registered to vote from nor have I
23 requested a ballot in any other election jurisdiction in this
24 State or in another State.
25 6. (If absentee request), I request that you mail the
26 ballot to the following address:
27 Print name and complete mailing address.
28 ........................................
29 ........................................
30 ........................................
31 Under the penalties as provided by law pursuant to
32 Article 29 of The Election Code, the undersigned certifies
33 that the statements set forth in this application are true
34 and correct.
-205- LRB9102308MWgc
1 ........................
2 (Signature of Applicant)
3 7. Subscribed and sworn to before me on ..........
4 (Month) .......... (Day) .......... (Year)
5 ........................
6 (Signature of Official
7 Administering Oath)
8 The procedures set forth in Sections 20-4 through 20-12
9 of this Article, insofar as they may be made applicable,
10 shall be applicable to absentee voting under this Section.
11 (Source: P.A. 90-655, eff. 7-30-98.)
12 Section 15. The Illinois Vehicle Code is amended by
13 changing Sections 2-105, 2-106, and 2-123 as follows:
14 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
15 Sec. 2-105. Offices of Secretary of State. The Secretary
16 of State shall maintain offices in the State capital and in
17 such other places in the State as he may deem necessary to
18 properly carry out the powers and duties vested in him.
19 The Secretary of State may construct and equip one or
20 more buildings in the State of Illinois outside of the County
21 of Sangamon as he deems necessary to properly carry out the
22 powers and duties vested in him. The Secretary of State may,
23 on behalf of the State of Illinois, acquire public or private
24 property needed therefor by lease, purchase or eminent
25 domain. The care, custody and control of such sites and
26 buildings constructed thereon shall be vested in the
27 Secretary of State. Expenditures for the construction and
28 equipping of any of such buildings upon premises owned by
29 another public entity shall not be subject to the provisions
30 of any State law requiring that the State be vested with
31 absolute fee title to the premises. The exercise of the
32 authority vested in the Secretary of State by this Section is
-206- LRB9102308MWgc
1 subject to the appropriation of the necessary funds.
2 Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of The
3 Election Code, the Secretary of State shall make driver
4 services facilities available for use as temporary places of
5 registration. Registration within the offices shall be in
6 the most public, orderly and convenient portions thereof, and
7 Section 4-3, 5-3, and 11-4 of The Election Code relative to
8 the attendance of police officers during the conduct of
9 registration shall apply. Registration under this Section
10 shall be made in the manner provided by Sections 4-8, 4-10,
11 5-7, 5-9, 6-34, 6-35, and 6-37 of The Election Code.
12 Within 30 days after the effective date of this
13 amendatory Act of 1990, and no later than November 1 of each
14 even-numbered year thereafter, the Secretary of State, to the
15 extent practicable, shall designate to each election
16 authority in the State a reasonable number of employees at
17 each driver services facility registered to vote within the
18 jurisdiction of such election authority and within adjacent
19 election jurisdictions for appointment as deputy registrars
20 by the election authority located within the election
21 jurisdiction where the employees maintain their residences.
22 Such designation shall be in writing and certified by the
23 Secretary of State.
24 Each person applying at a driver services facility for a
25 driver's license or permit, a corrected driver's license or
26 permit, an Illinois identification card or a corrected
27 Illinois identification card shall be notified that the
28 person may register at such station to vote in the election
29 jurisdiction in which the station is located or in an
30 election jurisdiction adjacent to the location of the station
31 and may also transfer his voter registration at such station
32 to an address in the election jurisdiction within which the
33 station is located or to an address in an adjacent election
34 jurisdiction. Such notification may be made in writing or
-207- LRB9102308MWgc
1 verbally issued by an employee or the Secretary of State.
2 Pursuant to Section 3A-6 of the Election Code, the
3 Secretary of State, through the employees at each driver's
4 license exam station, shall offer each person applying for a
5 driver's license, a corrected driver's license, and Illinois
6 identification card or a corrected Illinois identification
7 card an opportunity to apply for voter registration. If the
8 person executes the application to register to vote, the
9 Secretary of State shall forward the completed application
10 form to the appropriate election authority within 10 days of
11 the date of its execution, except that an application to vote
12 executed within 5 days before the last day to register to
13 vote before the next election shall be transmitted within 24
14 hours of its execution. Application for voter registration
15 under this Section shall be made in the manner provided by
16 Section 3A-3 of the Election Code.
17 The Secretary of State shall maintain a record of the
18 numbers of persons executing or declining to execute voter
19 registration applications and shall report these numbers to
20 the State Board of Elections every 2 years, as required by
21 rule of the State Board of Elections.
22 The Secretary of State shall promulgate such rules as may
23 be necessary for the efficient execution of his duties and
24 the duties of his employees under the this amendatory Act of
25 1990 and this amendatory Act of the 91st General Assembly.
26 (Source: P.A. 90-89, eff. 1-1-98.)
27 (625 ILCS 5/2-106) (from Ch. 95 1/2, par. 2-106)
28 Sec. 2-106. Secretary of State to prescribe forms.
29 The Secretary of State shall prescribe or provide
30 suitable forms of applications, certificates of title, voter
31 registration applications cards, driver's licenses and such
32 other forms requisite or deemed necessary to carry out the
33 provisions of this Act and any other laws pertaining to
-208- LRB9102308MWgc
1 vehicles the enforcement and administration of which are
2 vested in the Secretary of State.
3 (Source: P.A. 76-1586.)
4 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
5 Sec. 2-123. Sale and Distribution of Information.
6 (a) Except as otherwise provided in this Section, the
7 Secretary may make the driver's license, vehicle and title
8 registration lists, in part or in whole, and any statistical
9 information derived from these lists available to local
10 governments, elected State officials, State educational
11 institutions, public libraries and all other governmental
12 units of the State and Federal Government requesting them for
13 governmental purposes. The Secretary shall require any such
14 applicant for services to pay for the costs of furnishing
15 such services and the use of the equipment involved, and in
16 addition is empowered to establish prices and charges for the
17 services so furnished and for the use of the electronic
18 equipment utilized.
19 (b) The Secretary is further empowered to and he may, in
20 his discretion, furnish to any applicant, other than listed
21 in subsection (a) of this Section, vehicle or driver data on
22 a computer tape, disk, or printout at a fixed fee of $200 in
23 advance and require in addition a further sufficient deposit
24 based upon the Secretary of State's estimate of the total
25 cost of the information requested and a charge of $20 per
26 1,000 units or part thereof identified or the actual cost,
27 whichever is greater. The Secretary is authorized to refund
28 any difference between the additional deposit and the actual
29 cost of the request. This service shall not be in lieu of an
30 abstract of a driver's record nor of a title or registration
31 search. The information sold pursuant to this subsection
32 shall be the entire vehicle or driver data list, or part
33 thereof.
-209- LRB9102308MWgc
1 (c) Secretary of State may issue registration lists.
2 The Secretary of State shall compile and publish, at least
3 annually, a list of all registered vehicles. Each list of
4 registered vehicles shall be arranged serially according to
5 the registration numbers assigned to registered vehicles and
6 shall contain in addition the names and addresses of
7 registered owners and a brief description of each vehicle
8 including the serial or other identifying number thereof.
9 Such compilation may be in such form as in the discretion of
10 the Secretary of State may seem best for the purposes
11 intended.
12 (d) The Secretary of State shall furnish no more than 2
13 current available lists of such registrations to the sheriffs
14 of all counties and to the chiefs of police of all cities and
15 villages and towns of 2,000 population and over in this State
16 at no cost. Additional copies may be purchased at the fee of
17 $400 each or at the cost of producing the list as determined
18 by the Secretary of State.
19 (e) The Secretary of State shall upon written request
20 and the payment of the fee of $400 furnish the current
21 available list of such motor vehicle registrations to any
22 person so long as the supply of available registration lists
23 shall last.
24 (e-1) Commercial purchasers of driver and vehicle record
25 databases shall enter into a written agreement with the
26 Secretary of State that includes disclosure of the commercial
27 use of the intended purchase. Affected drivers, vehicle
28 owners, or registrants may request that their personally
29 identifiable information not be used for commercial
30 solicitation purposes.
31 (f) Title or registration search and certification
32 thereof - Fee. The Secretary of State shall make a title or
33 registration search of the records of his office and a
34 written report on the same for any person, upon written
-210- LRB9102308MWgc
1 application of such person, accompanied by a fee of $4 for
2 each registration or title search. No fee shall be charged
3 for a title or registration search, or for the certification
4 thereof requested by a government agency.
5 The Secretary of State shall certify a title or
6 registration record upon written request. The fee for
7 certification shall be $4 in addition to the fee required for
8 a title or registration search. Certification shall be made
9 under the signature of the Secretary of State and shall be
10 authenticated by Seal of the Secretary of State.
11 The Secretary of State may notify the vehicle owner or
12 registrant of the request for purchase of his title or
13 registration information as the Secretary deems appropriate.
14 The vehicle owner or registrant residence address and
15 other personally identifiable information on the record shall
16 not be disclosed. This nondisclosure shall not apply to
17 requests made by law enforcement officials, government
18 agencies, financial institutions, attorneys, insurers,
19 employers, automobile associated businesses, other business
20 entities for purposes consistent with the Illinois Vehicle
21 Code, the vehicle owner or registrant, or other entities as
22 the Secretary may exempt by rule and regulation. This
23 information may be withheld from the entities listed above,
24 except law enforcement and government agencies upon
25 presentation of a valid court order of protection for the
26 duration of the order.
27 No information shall be released to the requestor until
28 expiration of a 10 day period. This 10 day period shall not
29 apply to requests for information made by law enforcement
30 officials, government agencies, financial institutions,
31 attorneys, insurers, employers, automobile associated
32 businesses, persons licensed as a private detective or firms
33 licensed as a private detective agency under the Private
34 Detective, Private Alarm, and Private Security Act of 1983,
-211- LRB9102308MWgc
1 who are employed by or are acting on behalf of law
2 enforcement officials, government agencies, financial
3 institutions, attorneys, insurers, employers, automobile
4 associated businesses, and other business entities for
5 purposes consistent with the Illinois Vehicle Code, the
6 vehicle owner or registrant or other entities as the
7 Secretary may exempt by rule and regulation.
8 Any misrepresentation made by a requestor of title or
9 vehicle information shall be punishable as a petty offense,
10 except in the case of persons licensed as a private detective
11 or firms licensed as a private detective agency which shall
12 be subject to disciplinary sanctions under Section 22 or 25
13 of the Private Detective, Private Alarm, and Private Security
14 Act of 1983.
15 (g) 1. The Secretary of State may, upon receipt of a
16 written request and a fee of $5, furnish to the person or
17 agency so requesting a driver's record. Such document
18 may include a record of: current driver's license
19 issuance information, except that the information on
20 judicial driving permits shall be available only as
21 otherwise provided by this Code; convictions; orders
22 entered revoking, suspending or cancelling a driver's
23 license or privilege; and notations of accident
24 involvement. All other information, unless otherwise
25 permitted by this Code, shall remain confidential.
26 2. The Secretary of State may certify an abstract
27 of a driver's record upon written request therefor.
28 Such certification shall be made under the signature of
29 the Secretary of State and shall be authenticated by the
30 Seal of his office.
31 3. All requests for driving record information
32 shall be made in a manner prescribed by the Secretary.
33 The Secretary of State may notify the affected
34 driver of the request for purchase of his driver's record
-212- LRB9102308MWgc
1 as the Secretary deems appropriate.
2 The affected driver residence address and other
3 personally identifiable information on the record shall
4 not be disclosed. This nondisclosure shall not apply to
5 requests made by law enforcement officials, government
6 agencies, financial institutions, attorneys, insurers,
7 employers, automobile associated businesses, other
8 business entities for purposes consistent with the
9 Illinois Vehicle Code, the affected driver, or other
10 entities as the Secretary may exempt by rule and
11 regulation. This information may be withheld from the
12 entities listed above, except law enforcement and
13 government agencies, upon presentation of a valid court
14 order of protection for the duration of the order.
15 No information shall be released to the requester
16 until expiration of a 10 day period. This 10 day period
17 shall not apply to requests for information made by law
18 enforcement officials, government agencies, financial
19 institutions, attorneys, insurers, employers, automobile
20 associated businesses, persons licensed as a private
21 detective or firms licensed as a private detective agency
22 under the Private Detective, Private Alarm, and Private
23 Security Act of 1983, who are employed by or are acting
24 on behalf of law enforcement officials, government
25 agencies, financial institutions, attorneys, insurers,
26 employers, automobile associated businesses, and other
27 business entities for purposes consistent with the
28 Illinois Vehicle Code, the affected driver or other
29 entities as the Secretary may exempt by rule and
30 regulation.
31 Any misrepresentation made by a requestor of driver
32 information shall be punishable as a petty offense,
33 except in the case of persons licensed as a private
34 detective or firms licensed as a private detective agency
-213- LRB9102308MWgc
1 which shall be subject to disciplinary sanctions under
2 Section 22 or 25 of the Private Detective, Private Alarm,
3 and Private Security Act of 1983.
4 4. The Secretary of State may furnish without fee,
5 upon the written request of a law enforcement agency, any
6 information from a driver's record on file with the
7 Secretary of State when such information is required in
8 the enforcement of this Code or any other law relating to
9 the operation of motor vehicles, including records of
10 dispositions; documented information involving the use of
11 a motor vehicle; whether such individual has, or
12 previously had, a driver's license; and the address and
13 personal description as reflected on said driver's
14 record.
15 5. Except as otherwise provided in this Section,
16 the Secretary of State may furnish, without fee,
17 information from an individual driver's record on file,
18 if a written request therefor is submitted by any public
19 transit system or authority, public defender, law
20 enforcement agency, a state or federal agency, or an
21 Illinois local intergovernmental association, if the
22 request is for the purpose of a background check of
23 applicants for employment with the requesting agency, or
24 for the purpose of an official investigation conducted by
25 the agency, or to determine a current address for the
26 driver so public funds can be recovered or paid to the
27 driver, or for any other lawful purpose.
28 The Secretary may also furnish the courts a copy of
29 an abstract of a driver's record, without fee, subsequent
30 to an arrest for a violation of Section 11-501 or a
31 similar provision of a local ordinance. Such abstract
32 may include records of dispositions; documented
33 information involving the use of a motor vehicle as
34 contained in the current file; whether such individual
-214- LRB9102308MWgc
1 has, or previously had, a driver's license; and the
2 address and personal description as reflected on said
3 driver's record.
4 6. Any certified abstract issued by the Secretary
5 of State or transmitted electronically by the Secretary
6 of State pursuant to this Section, to a court or on
7 request of a law enforcement agency, for the record of a
8 named person as to the status of the person's driver's
9 license shall be prima facie evidence of the facts
10 therein stated and if the name appearing in such abstract
11 is the same as that of a person named in an information
12 or warrant, such abstract shall be prima facie evidence
13 that the person named in such information or warrant is
14 the same person as the person named in such abstract and
15 shall be admissible for any prosecution under this Code
16 and be admitted as proof of any prior conviction or proof
17 of records, notices, or orders recorded on individual
18 driving records maintained by the Secretary of State.
19 7. Subject to any restrictions contained in the
20 Juvenile Court Act of 1987, and upon receipt of a proper
21 request and a fee of $5, the Secretary of State shall
22 provide a driver's record to the affected driver, or the
23 affected driver's attorney, upon verification. Such
24 record shall contain all the information referred to in
25 paragraph 1 of this subsection (g) plus: any recorded
26 accident involvement as a driver; information recorded
27 pursuant to subsection (e) of Section 6-117 and paragraph
28 4 of subsection (a) of Section 6-204 of this Code. All
29 other information, unless otherwise permitted by this
30 Code, shall remain confidential.
31 (h) The Secretary shall not disclose social security
32 numbers except pursuant to a written request by, or with the
33 prior written consent of, the individual except to: (1) to
34 officers and employees of the Secretary who have a need to
-215- LRB9102308MWgc
1 know the social security numbers in performance of their
2 official duties, (2) to law enforcement officials for a
3 lawful, civil or criminal law enforcement investigation, and
4 if the head of the law enforcement agency has made a written
5 request to the Secretary specifying the law enforcement
6 investigation for which the social security numbers are being
7 sought, (3) to the United States Department of
8 Transportation, or any other State, pursuant to the
9 administration and enforcement of the Commercial Motor
10 Vehicle Safety Act of 1986, (3.5) to the State Board of
11 Elections for voter registration purposes, (4) pursuant to
12 the order of a court of competent jurisdiction, or (5) to the
13 Department of Public Aid for utilization in the child support
14 enforcement duties assigned to that Department under
15 provisions of the Public Aid Code after the individual has
16 received advanced meaningful notification of what
17 redisclosure is sought by the Secretary in accordance with
18 the federal Privacy Act; provided, the redisclosure shall not
19 be authorized by the Secretary prior to September 30, 1992.
20 (i) The Secretary of State is empowered to promulgate
21 rules and regulations to effectuate this Section.
22 (j) Medical statements or medical reports received in
23 the Secretary of State's Office shall be confidential. No
24 confidential information may be open to public inspection or
25 the contents disclosed to anyone, except officers and
26 employees of the Secretary who have a need to know the
27 information contained in the medical reports and the Driver
28 License Medical Advisory Board, unless so directed by an
29 order of a court of competent jurisdiction.
30 (k) All fees collected under this Section shall be paid
31 into the Road Fund of the State Treasury, except that $3 of
32 the $5 fee for a driver's record shall be paid into the
33 Secretary of State Special Services Fund.
34 (l) The Secretary of State shall report his
-216- LRB9102308MWgc
1 recommendations to the General Assembly by January 1, 1993,
2 regarding the sale and dissemination of the information
3 maintained by the Secretary, including the sale of lists of
4 driver and vehicle records.
5 (m) Notations of accident involvement that may be
6 disclosed under this Section shall not include notations
7 relating to damage to a vehicle or other property being
8 transported by a tow truck. This information shall remain
9 confidential, provided that nothing in this subsection (m)
10 shall limit disclosure of any notification of accident
11 involvement to any law enforcement agency or official.
12 (n) Requests made by the news media for driver's
13 license, vehicle, or title registration information may be
14 furnished without charge or at a reduced charge, as
15 determined by the Secretary, when the specific purpose for
16 requesting the documents is deemed to be in the public
17 interest. Waiver or reduction of the fee is in the public
18 interest if the principal purpose of the request is to access
19 and disseminate information regarding the health, safety, and
20 welfare or the legal rights of the general public and is not
21 for the principal purpose of gaining a personal or commercial
22 benefit.
23 (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
24 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff.
25 7-30-98; revised 10-31-98.)
26 (10 ILCS 5/4-2 rep.)
27 (10 ILCS 5/4-12 rep.)
28 (10 ILCS 5/4-14 rep.)
29 (10 ILCS 5/4-17 rep.)
30 (10 ILCS 5/4-18.01 rep.)
31 (10 ILCS 5/4-19 rep.)
32 (10 ILCS 5/5-2 rep.)
33 (10 ILCS 5/5-15 rep.)
-217- LRB9102308MWgc
1 (10 ILCS 5/5-24 rep.)
2 (10 ILCS 5/5-25.01 rep.)
3 (10 ILCS 5/5-26 rep.)
4 (10 ILCS 5/6-42 rep.)
5 (10 ILCS 5/6-44 rep.)
6 (10 ILCS 5/6-50 rep.)
7 (10 ILCS 5/6-58 rep.)
8 (10 ILCS 5/6-59.01 rep.)
9 (10 ILCS 5/6-64 rep.)
10 Section 95. The Election Code is amended by repealing
11 Sections 4-2, 4-12, 4-14, 4-17, 4-18.01, 4-19, 5-2, 5-15,
12 5-24, 5-25.01, 5-26, 6-42, 6-44, 6-50, 6-58, 6-59.01, and
13 6-64.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
-218- LRB9102308MWgc
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7 from Ch. 116, par. 207
4 10 ILCS 5/1-3 from Ch. 46, par. 1-3
5 10 ILCS 5/1A-9 from Ch. 46, par. 1A-9
6 10 ILCS 5/ Art. 3A heading new
7 10 ILCS 5/3A-1 new
8 10 ILCS 5/3A-2 new
9 10 ILCS 5/3A-2.5 new
10 10 ILCS 5/3A-3 new
11 10 ILCS 5/3A-4 new
12 10 ILCS 5/3A-5 new
13 10 ILCS 5/3A-6 new
14 10 ILCS 5/3A-7 new
15 10 ILCS 5/3A-8 new
16 10 ILCS 5/3A-9 new
17 10 ILCS 5/3A-10 new
18 10 ILCS 5/3A-11 new
19 10 ILCS 5/4-1 from Ch. 46, par. 4-1
20 10 ILCS 5/4-5 from Ch. 46, par. 4-5
21 10 ILCS 5/4-6.1 from Ch. 46, par. 4-6.1
22 10 ILCS 5/4-6.2 from Ch. 46, par. 4-6.2
23 10 ILCS 5/4-6.4 new
24 10 ILCS 5/4-8 from Ch. 46, par. 4-8
25 10 ILCS 5/4-8.01 from Ch. 46, par. 4-8.01
26 10 ILCS 5/4-8.03 from Ch. 46, par. 4-8.03
27 10 ILCS 5/4-9 from Ch. 46, par. 4-9
28 10 ILCS 5/4-10 from Ch. 46, par. 4-10
29 10 ILCS 5/4-13 from Ch. 46, par. 4-13
30 10 ILCS 5/4-15 from Ch. 46, par. 4-15
31 10 ILCS 5/4-16 from Ch. 46, par. 4-16
32 10 ILCS 5/4-18 from Ch. 46, par. 4-18
33 10 ILCS 5/4-20 from Ch. 46, par. 4-20
34 10 ILCS 5/4-20.1 new
-219- LRB9102308MWgc
1 10 ILCS 5/4-20.2 new
2 10 ILCS 5/4-22 from Ch. 46, par. 4-22
3 10 ILCS 5/4-24 from Ch. 46, par. 4-24
4 10 ILCS 5/4-24.1 from Ch. 46, par. 4-24.1
5 10 ILCS 5/4-27 from Ch. 46, par. 4-27
6 10 ILCS 5/4-30 from Ch. 46, par. 4-30
7 10 ILCS 5/5-1 from Ch. 46, par. 5-1
8 10 ILCS 5/5-6 from Ch. 46, par. 5-6
9 10 ILCS 5/5-7 from Ch. 46, par. 5-7
10 10 ILCS 5/5-7.01 from Ch. 46, par. 5-7.01
11 10 ILCS 5/5-7.03 from Ch. 46, par. 5-7.03
12 10 ILCS 5/5-8 from Ch. 46, par. 5-8
13 10 ILCS 5/5-9 from Ch. 46, par. 5-9
14 10 ILCS 5/5-10 from Ch. 46, par. 5-10
15 10 ILCS 5/5-11 from Ch. 46, par. 5-11
16 10 ILCS 5/5-12 from Ch. 46, par. 5-12
17 10 ILCS 5/5-13 from Ch. 46, par. 5-13
18 10 ILCS 5/5-14 from Ch. 46, par. 5-14
19 10 ILCS 5/5-16 from Ch. 46, par. 5-16
20 10 ILCS 5/5-16.1 from Ch. 46, par. 5-16.1
21 10 ILCS 5/5-16.2 from Ch. 46, par. 5-16.2
22 10 ILCS 5/5-16.4 new
23 10 ILCS 5/5-19 from Ch. 46, par. 5-19
24 10 ILCS 5/5-20 from Ch. 46, par. 5-20
25 10 ILCS 5/5-21 from Ch. 46, par. 5-21
26 10 ILCS 5/5-22 from Ch. 46, par. 5-22
27 10 ILCS 5/5-23 from Ch. 46, par. 5-23
28 10 ILCS 5/5-25 from Ch. 46, par. 5-25
29 10 ILCS 5/5-28 from Ch. 46, par. 5-28
30 10 ILCS 5/5-28.2 new
31 10 ILCS 5/5-28.3 new
32 10 ILCS 5/5-29 from Ch. 46, par. 5-29
33 10 ILCS 5/5-36 from Ch. 46, par. 5-36
34 10 ILCS 5/5-37.1 from Ch. 46, par. 5-37.1
-220- LRB9102308MWgc
1 10 ILCS 5/6-24 from Ch. 46, par. 6-24
2 10 ILCS 5/6-27 from Ch. 46, par. 6-27
3 10 ILCS 5/6-28 from Ch. 46, par. 6-28
4 10 ILCS 5/6-29 from Ch. 46, par. 6-29
5 10 ILCS 5/6-35 from Ch. 46, par. 6-35
6 10 ILCS 5/6-35.01 from Ch. 46, par. 6-35.01
7 10 ILCS 5/6-35.03 from Ch. 46, par. 6-35.03
8 10 ILCS 5/6-36 from Ch. 46, par. 6-36
9 10 ILCS 5/6-37 from Ch. 46, par. 6-37
10 10 ILCS 5/6-38 from Ch. 46, par. 6-38
11 10 ILCS 5/6-39 from Ch. 46, par. 6-39
12 10 ILCS 5/6-40 from Ch. 46, par. 6-40
13 10 ILCS 5/6-41 from Ch. 46, par. 6-41
14 10 ILCS 5/6-43 from Ch. 46, par. 6-43
15 10 ILCS 5/6-45 from Ch. 46, par. 6-45
16 10 ILCS 5/6-49 from Ch. 46, par. 6-49
17 10 ILCS 5/6-50.1 from Ch. 46, par. 6-50.1
18 10 ILCS 5/6-50.2 from Ch. 46, par. 6-50.2
19 10 ILCS 5/6-50.4 new
20 10 ILCS 5/6-52 from Ch. 46, par. 6-52
21 10 ILCS 5/6-53 from Ch. 46, par. 6-53
22 10 ILCS 5/6-54 from Ch. 46, par. 6-54
23 10 ILCS 5/6-56 from Ch. 46, par. 6-56
24 10 ILCS 5/6-57 from Ch. 46, par. 6-57
25 10 ILCS 5/6-59 from Ch. 46, par. 6-59
26 10 ILCS 5/6-60 from Ch. 46, par. 6-60
27 10 ILCS 5/6-65 from Ch. 46, par. 6-65
28 10 ILCS 5/6-65.1 new
29 10 ILCS 5/6-65.2 new
30 10 ILCS 5/6-66 from Ch. 46, par. 6-66
31 10 ILCS 5/6A-4 from Ch. 46, par. 6A-4
32 10 ILCS 5/7-23 from Ch. 46, par. 7-23
33 10 ILCS 5/7-43 from Ch. 46, par. 7-43
34 10 ILCS 5/7-44 from Ch. 46, par. 7-44
-221- LRB9102308MWgc
1 10 ILCS 5/7-45 from Ch. 46, par. 7-45
2 10 ILCS 5/7-47 from Ch. 46, par. 7-47
3 10 ILCS 5/7-47.1 from Ch. 46, par. 7-47.1
4 10 ILCS 5/17-9 from Ch. 46, par. 17-9
5 10 ILCS 5/17-10 from Ch. 46, par. 17-10
6 10 ILCS 5/17-13 from Ch. 46, par. 17-13
7 10 ILCS 5/18-1 from Ch. 46, par. 18-1
8 10 ILCS 5/18-5 from Ch. 46, par. 18-5
9 10 ILCS 5/18-15 from Ch. 46, par. 18-15
10 10 ILCS 5/18-16 from Ch. 46, par. 18-16
11 10 ILCS 5/20-13 from Ch. 46, par. 20-13
12 10 ILCS 5/20-13.1 from Ch. 46, par. 20-13.1
13 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
14 625 ILCS 5/2-106 from Ch. 95 1/2, par. 2-106
15 625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
16 10 ILCS 5/4-2 rep.
17 10 ILCS 5/4-12 rep.
18 10 ILCS 5/4-14 rep.
19 10 ILCS 5/4-17 rep.
20 10 ILCS 5/4-18.01 rep.
21 10 ILCS 5/4-19 rep.
22 10 ILCS 5/5-2 rep.
23 10 ILCS 5/5-15 rep.
24 10 ILCS 5/5-24 rep.
25 10 ILCS 5/5-25.01 rep.
26 10 ILCS 5/5-26 rep.
27 10 ILCS 5/6-42 rep.
28 10 ILCS 5/6-44 rep.
29 10 ILCS 5/6-50 rep.
30 10 ILCS 5/6-58 rep.
31 10 ILCS 5/6-59.01 rep.
32 10 ILCS 5/6-64 rep.