ELECTIONS-VOTER PHOTO ID

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3808

Introduced 2/6/2026, by Sen. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1-14 new
10 ILCS 5/3-8 new
10 ILCS 5/17-9

from Ch. 46, par. 17-9
10 ILCS 5/18-5

from Ch. 46, par. 18-5
10 ILCS 5/18A-5
10 ILCS 5/18A-15
10 ILCS 5/19A-35

Amends the Election Code. Requires voter identification cards for
those who do not have acceptable photo identification. Sets forth
requirements and exemptions. Provides that any person desiring to vote
shall present to the judges of election for verification of the person's
identity an acceptable form of photo identification for voting purposes or
his or her voter identification card.
LRB104 19628 SPS 33077 b

A BILL FOR

SB3808
LRB104 19628 SPS 33077 b
1

AN ACT concerning elections.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Sections 17-9, 18-5, 18A-5, 18A-15, and 19A-35 and by adding
6
Sections 1-14 and 3-8 as follows:

7

(10 ILCS 5/1-14 new)
8

Sec. 1-14.
Voter identification card.
9

(a) The Secretary of State shall issue a voter
10
identification card to each registered voter who does not have
11
an acceptable form of photo identification for voting purposes
12
as defined in Section 3-8. The voter identification card shall
13
include at least: (i) the voter's name, signature, and
14
photograph; (ii) the State seal; and (iii) the voter's current
15
residence address. A voter identification card is valid for as
16
long as the registered voter maintains the name and residence
17
on the voter identification card. A voter identification card
18
may not be used for any purpose other than to vote in Illinois.
19

(b) It is the intent of the General Assembly to provide the
20
Secretary of State with guidance on how to issue the voter
21
identification card to those individuals who do not have an
22
acceptable form of photo identification for voting purposes as
23
defined in Section 3-8.

SB3808
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LRB104 19628 SPS 33077 b
1

(c) Within a reasonable time after the effective date of
2
this amendatory Act of the 104th General Assembly, the
3
Secretary of State shall provide application forms for the
4
voter identification card. Any registered voter who meets the
5
criteria set forth in this Section and who provides the proper
6
documentation required under subsection (d) shall receive a
7
voter identification card.
8

(d) The Secretary of State shall require the presentation
9
and verification of the following information for issuance of
10
a voter identification card:
11

(1) a photo identity document, except that a non-photo
12

identity document, as defined in subsection (e), is
13

acceptable if it includes both the applicant's name and
14

date of birth;
15

(2) documentation showing the applicant's date of
16

birth;
17

(3) evidence of voter registration; and
18

(4) documentation, as defined in subsection (f),
19

showing the applicant's name and principal residence
20

address.
21

(e) A non-photo identity document must include the
22
applicant's name and date of birth. Any of the following shall
23
constitute a non-photo identity document in lieu of a photo
24
identity document:
25

(1) an original birth certificate or certified copy of
26

a birth certificate;

SB3808
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LRB104 19628 SPS 33077 b
1

(2) a voter registration card;
2

(3) a copy of records filed in court by the applicant
3

or on behalf of the applicant by the applicant's counsel;
4

(4) a naturalization document;
5

(5) a copy of the applicant's marriage license;
6

(6) a copy of the State or federal tax return filed by
7

the applicant for the previous calendar year;
8

(7) an original of the annual Social Security
9

statement received by the applicant for the current or
10

preceding calendar year;
11

(8) an original of a Medicare or Medicaid statement
12

received by the applicant; or
13

(9) a certified school record or transcript for the
14

current or preceding calendar year.
15

(f) Any of the following documents shall be acceptable as
16
documentation of the applicant's name and current address:
17

(1) a voter registration card;
18

(2) a utility bill or cable bill;
19

(3) a bank statement issued within the last 60 days;
20

(4) a valid and current rental agreement;
21

(5) a copy of the State or federal tax return filed by
22

the applicant for the previous calendar year;
23

(6) a homeowner's insurance policy or bill for the
24

current or preceding year;
25

(7) a mortgage, deed, or property tax bill for the
26

current or preceding year; or

SB3808
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LRB104 19628 SPS 33077 b
1

(8) a W-2 for the preceding calendar year.
2

(g) Voters who are indigent and unable to obtain a voter
3
identification card without a fee and voters who have a
4
religious objection to being photographed may vote a
5
provisional ballot and sign an affidavit that indicates the
6
applicability of one of the exemptions stated in this
7
subsection. As used in this subsection (g), "indigent person"
8
means an individual whose household income is 125% or less
9
than the poverty guidelines updated periodically in the
10
Federal Register by the U.S. Department of Health and Human
11
Services under the authority of 42 U.S.C. 9902(2).

12

(10 ILCS 5/3-8 new)
13

Sec. 3-8.
Acceptable forms of photo identification for
14
voting purposes.
As used in this Code, "acceptable form of
15
photo identification for voting purposes" include:
16

(1) an Illinois driver's license;
17

(2) an Illinois Identification Card;
18

(3) an Illinois Disabled Person Identification Card;
19

(4) a Senior Citizen Identification Card;
20

(5) a Firearm Owner's Identification Card;
21

(6) a United States passport with the voter's current
22

address; and
23

(7) any other government-issued identification card
24

that includes the voter's name, current photograph, and
25

current address.

SB3808
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LRB104 19628 SPS 33077 b
1

All photo identification cards must be valid and current.

2

(10 ILCS 5/17-9)

(from Ch. 46, par. 17-9)
3

Sec. 17-9.
Any person desiring to vote shall
present to
4
the judges of election for verification of the person's
5
identity an acceptable form of photo identification for voting
6
purposes, as defined in Section 3-8, or his or her voter
7
identification card, and shall
give his name and, if required
8
to do so, his residence to the judges of election, one of whom
9
shall thereupon announce the same in a loud and distinct tone
10
of voice, clear, and audible; the judges of elections shall
11
check each application for ballot against the list of voters
12
registered in that precinct to whom grace period, vote by
13
mail, or early ballots have been issued for that election,
14
which shall be provided by the election authority and which
15
list shall be available for inspection by pollwatchers. A
16
voter applying to vote in the precinct on election day whose
17
name appears on the list as having been issued a grace period,
18
vote by mail, or early ballot shall not be permitted to vote in
19
the precinct, except that a voter to whom a vote by mail ballot
20
was issued may vote in the precinct if the voter submits to the
21
election judges that vote by mail ballot for cancellation. If
22
the voter is unable to submit the vote by mail ballot, it shall
23
be sufficient for the voter to submit to the election judges
24
(i) a portion of the vote by mail ballot if the vote by mail
25
ballot was torn or mutilated or (ii) an affidavit executed

SB3808
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LRB104 19628 SPS 33077 b
1
before the election judges specifying that (A) the voter never
2
received a vote by mail ballot or (B) the voter completed and
3
returned a vote by mail ballot and was informed that the
4
election authority did not receive that vote by mail ballot.
5
All applicable provisions of Articles 4, 5 or 6 shall be
6
complied with and if such name is found on the register of
7
voters by the officer having charge thereof, he shall likewise
8
repeat said name, and the voter shall be allowed to enter
9
within the proximity of the voting booths, as above provided.
10
One of the judges shall give the voter one, and only one of
11
each ballot to be voted at the election, on the back of which
12
ballots such judge shall indorse his initials in such manner
13
that they may be seen when each such ballot is properly folded,
14
and the voter's name shall be immediately checked on the
15
register list. In those election jurisdictions where
16
perforated ballot cards are utilized of the type on which
17
write-in votes can be cast above the perforation, the election
18
authority shall provide a space both above and below the
19
perforation for the judge's initials, and the judge shall
20
endorse his or her initials in both spaces. Whenever a
21
proposal for a constitutional amendment or for the calling of
22
a constitutional convention is to be voted upon at the
23
election, the separate blue ballot or ballots pertaining
24
thereto shall, when being handed to the voter, be placed on top
25
of the other ballots to be voted at the election in such manner
26
that the legend appearing on the back thereof, as prescribed

SB3808
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LRB104 19628 SPS 33077 b
1
in Section 16-6 of this Act, shall be plainly visible to the
2
voter. At all elections, when a registry may be required, if
3
the name of any person so desiring to vote at such election is
4
not found on the register of voters, he or she shall not
5
receive a ballot until he or she shall have complied with the
6
law prescribing the manner and conditions of voting by
7
unregistered voters. If any person desiring to vote at any
8
election shall be challenged, he or she shall not receive a
9
ballot until he or she shall have established his right to vote
10
in the manner provided hereinafter; and if he or she shall be
11
challenged after he has received his ballot, he shall not be
12
permitted to vote until he or she has fully complied with such
13
requirements of the law upon being challenged. Besides the
14
election officer, not more than 2 voters in excess of the whole
15
number of voting booths provided shall be allowed within the
16
proximity of the voting booths at one time. The provisions of
17
this Act, so far as they require the registration of voters as
18
a condition to their being allowed to vote shall not apply to
19
persons otherwise entitled to vote, who are, at the time of the
20
election, or at any time within 60 days prior to such election
21
have been engaged in the military or naval service of the
22
United States, and who appear personally at the polling place
23
on election day and produce to the judges of election
24
satisfactory evidence thereof, but such persons, if otherwise
25
qualified to vote, shall be permitted to vote at such election
26
without previous registration.

SB3808
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LRB104 19628 SPS 33077 b
1

All such persons shall also make an affidavit which shall
2
be in substantially the following form:
3
State of Illinois,)

4
) ss.

5
County of ........)

6
............... Precinct .......... Ward
7

I, ...., do solemnly swear (or affirm) that I am a citizen
8
of the United States, of the age of 18 years or over, and that
9
within the past 60 days prior to the date of this election at
10
which I am applying to vote, I have been engaged in the ....
11
(military or naval) service of the United States; and I am
12
qualified to vote under and by virtue of the Constitution and
13
laws of the State of Illinois, and that I am a legally
14
qualified voter of this precinct and ward except that I have,
15
because of such service, been unable to register as a voter;
16
that I now reside at .... (insert street and number, if any) in
17
this precinct and ward; that I have maintained a legal
18
residence in this precinct and ward for 30 days and in this
19
State 30 days next preceding this election.
20
.........................
21

Subscribed and sworn to before me on (insert date).
22
.........................
23
Judge of Election.

24

The affidavit of any such person shall be supported by the
25
affidavit of a resident and qualified voter of any such

SB3808
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LRB104 19628 SPS 33077 b
1
precinct and ward, which affidavit shall be in substantially
2
the following form:
3
State of Illinois,)

4
) ss.

5
County of ........)

6
........... Precinct ........... Ward
7

I, ...., do solemnly swear (or affirm), that I am a
8
resident of this precinct and ward and entitled to vote at this
9
election; that I am acquainted with .... (name of the
10
applicant); that I verily believe him to be an actual bona fide
11
resident of this precinct and ward and that I verily believe
12
that he or she has maintained a legal residence therein 30 days
13
and in this State 30 days next preceding this election.
14
.........................
15

Subscribed and sworn to before me on (insert date).
16
.........................
17
Judge of Election.

18

All affidavits made under the provisions of this Section
19
shall be enclosed in a separate envelope securely sealed, and
20
shall be transmitted with the returns of the elections to the
21
county clerk or to the board of election commissioners, who
22
shall preserve the said affidavits for the period of 6 months,
23
during which period such affidavits shall be deemed public
24
records and shall be freely open to examination as such.
25
(Source: P.A. 98-1171, eff. 6-1-15
.)

SB3808
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LRB104 19628 SPS 33077 b
1

(10 ILCS 5/18-5)

(from Ch. 46, par. 18-5)
2

Sec. 18-5.
Any person desiring to vote and whose name is
3
found upon the register of voters by the person having charge
4
thereof
shall present to the judges of election for
5
verification of the person's identity an acceptable form of
6
photo identification for voting purposes, as defined in
7
Section 3-8, or his or her voter identification card issued
8
under Section 1-14;

,
shall then be questioned by one of the
9
judges as to his nativity, his term of residence at present
10
address, precinct, State and United States, his age, whether
11
naturalized and if so the date of naturalization papers and
12
court from which secured
;

,
and
he
shall be asked to state his
13
residence when last previously registered and the date of the
14
election for which he then registered. The judges of elections
15
shall check each application for ballot against the list of
16
voters registered in that precinct to whom grace period, vote
17
by mail, and early ballots have been issued for that election,
18
which shall be provided by the election authority and which
19
list shall be available for inspection by pollwatchers. A
20
voter applying to vote in the precinct on election day whose
21
name appears on the list as having been issued a grace period,
22
vote by mail, or early ballot shall not be permitted to vote in
23
the precinct, except that a voter to whom a vote by mail ballot
24
was issued may vote in the precinct if the voter submits to the
25
election judges that vote by mail ballot for cancellation. If

SB3808
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LRB104 19628 SPS 33077 b
1
the voter is unable to submit the vote by mail ballot, it shall
2
be sufficient for the voter to submit to the election judges
3
(i) a portion of the vote by mail ballot if the vote by mail
4
ballot was torn or mutilated or (ii) an affidavit executed
5
before the election judges specifying that (A) the voter never
6
received a vote by mail ballot or (B) the voter completed and
7
returned a vote by mail ballot and was informed that the
8
election authority did not receive that vote by mail ballot.
9
If such person so registered shall be challenged as
10
disqualified, the party challenging shall assign his reasons
11
therefor, and thereupon one of the judges shall administer to
12
him an oath to answer questions, and if he shall take the oath
13
he shall then be questioned by the judge or judges touching
14
such cause of challenge, and touching any other cause of
15
disqualification. And he may also be questioned by the person
16
challenging him in regard to his qualifications and identity.
17
But if a majority of the judges are of the opinion that he is
18
the person so registered and a qualified voter, his vote shall
19
then be received accordingly. But if his vote be rejected by
20
such judges, such person may afterward produce and deliver an
21
affidavit to such judges, subscribed and sworn to by him
22
before one of the judges, in which it shall be stated how long
23
he has resided in such precinct, and state; that he is a
24
citizen of the United States, and is a duly qualified voter in
25
such precinct, and that he is the identical person so
26
registered. In addition to such an affidavit, the person so

SB3808
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LRB104 19628 SPS 33077 b
1
challenged shall provide to the judges of election proof of
2
residence by producing 2 forms of identification showing the
3
person's current residence address, provided that such
4
identification may include a lease or contract for a residence
5
and not more than one piece of mail addressed to the person at
6
his current residence address and postmarked not earlier than
7
30 days prior to the date of the election, or the person shall
8
procure a witness personally known to the judges of election,
9
and resident in the precinct (or district), or who shall be
10
proved by some legal voter of such precinct or district, known
11
to the judges to be such, who shall take the oath following,
12
viz:
13

I do solemnly swear (or affirm) that I am a resident of
14
this election precinct (or district), and entitled to vote at
15
this election, and that I have been a resident of this State
16
for 30 days last past, and am well acquainted with the person
17
whose vote is now offered; that he is an actual and bona fide
18
resident of this election precinct (or district), and has
19
resided herein 30 days, and as I verily believe, in this State,
20
30 days next preceding this election.
21

The oath in each case may be administered by one of the
22
judges of election, or by any officer, resident in the
23
precinct or district, authorized by law to administer oaths.
24
Also supported by an affidavit by a registered voter residing
25
in such precinct, stating his own residence, and that he knows
26
such person; and that he does reside at the place mentioned and

SB3808
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LRB104 19628 SPS 33077 b
1
has resided in such precinct and state for the length of time
2
as stated by such person, which shall be subscribed and sworn
3
to in the same way. For purposes of this Section, the
4
submission of a photo identification issued by a college or
5
university, accompanied by either (i) a copy of the
6
applicant's contract or lease for a residence or (ii) one
7
piece of mail addressed to the person at his or her current
8
residence address and postmarked not earlier than 30 days
9
prior to the date of the election, shall be sufficient to
10
establish proof of residence. Whereupon the vote of such
11
person shall be received, and entered as other votes. But such
12
judges, having charge of such registers, shall state in their
13
respective books the facts in such case, and the affidavits,
14
so delivered to the judges, shall be preserved and returned to
15
the office of the commissioners of election. Blank affidavits
16
of the character aforesaid shall be sent out to the judges of
17
all the precincts, and the judges of election shall furnish
18
the same on demand and administer the oaths without criticism.
19
Such oaths, if administered by any other officer than such
20
judge of election, shall not be received. Whenever a proposal
21
for a constitutional amendment or for the calling of a
22
constitutional convention is to be voted upon at the election,
23
the separate blue ballot or ballots pertaining thereto shall
24
be placed on top of the other ballots to be voted at the
25
election in such manner that the legend appearing on the back
26
thereof, as prescribed in Section 16-6 of this Act, shall be

SB3808
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LRB104 19628 SPS 33077 b
1
plainly visible to the voter, and in this fashion the ballots
2
shall be handed to the voter by the judge.
3

Immediately after voting, the voter shall be instructed
4
whether the voting equipment, if used, accepted or rejected
5
the ballot or identified the ballot as under-voted. A voter
6
whose ballot is identified as under-voted for a statewide
7
constitutional office may return to the voting booth and
8
complete the voting of that ballot. A voter whose ballot is not
9
accepted by the voting equipment may, upon surrendering the
10
ballot, request and vote another ballot. The voter's
11
surrendered ballot shall be initialed by the election judge
12
and handled as provided in the appropriate Article governing
13
that voting equipment.
14

The voter shall, upon quitting the voting booth, deliver
15
to one of the judges of election all of the ballots, properly
16
folded, which he received. The judge of election to whom the
17
voter delivers his ballots shall not accept the same unless
18
all of the ballots given to the voter are returned by him. If a
19
voter delivers less than all of the ballots given to him, the
20
judge to whom the same are offered shall advise him in a voice
21
clearly audible to the other judges of election that the voter
22
must return the remainder of the ballots. The statement of the
23
judge to the voter shall clearly express the fact that the
24
voter is not required to vote such remaining ballots but that
25
whether or not he votes them he must fold and deliver them to
26
the judge. In making such statement the judge of election

SB3808
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LRB104 19628 SPS 33077 b
1
shall not indicate by word, gesture or intonation of voice
2
that the unreturned ballots shall be voted in any particular
3
manner. No new voter shall be permitted to enter the voting
4
booth of a voter who has failed to deliver the total number of
5
ballots received by him until such voter has returned to the
6
voting booth pursuant to the judge's request and again quit
7
the booth with all of the ballots required to be returned by
8
him. Upon receipt of all such ballots the judges of election
9
shall enter the name of the voter, and his number, as above
10
provided in this Section, and the judge to whom the ballots are
11
delivered shall immediately put the ballots into the ballot
12
box. If any voter who has failed to deliver all the ballots
13
received by him refuses to return to the voting booth after
14
being advised by the judge of election as herein provided, the
15
judge shall inform the other judges of such refusal, and
16
thereupon the ballot or ballots returned to the judge shall be
17
deposited in the ballot box, the voter shall be permitted to
18
depart from the polling place, and a new voter shall be
19
permitted to enter the voting booth.
20

The judge of election who receives the ballot or ballots
21
from the voter shall announce the residence and name of such
22
voter in a loud voice. The judge shall put the ballot or
23
ballots received from the voter into the ballot box in the
24
presence of the voter and the judges of election, and in plain
25
view of the public. The judges having charge of such registers
26
shall then, in a column prepared thereon, in the same line of,

SB3808
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LRB104 19628 SPS 33077 b
1
the name of the voter, mark "Voted" or the letter "V".
2

No judge of election shall accept from any voter less than
3
the full number of ballots received by such voter without
4
first advising the voter in the manner above provided of the
5
necessity of returning all of the ballots, nor shall any such
6
judge advise such voter in a manner contrary to that which is
7
herein permitted, or in any other manner violate the
8
provisions of this Section; provided, that the acceptance by a
9
judge of election of less than the full number of ballots
10
delivered to a voter who refuses to return to the voting booth
11
after being properly advised by such judge shall not be a
12
violation of this Section.
13
(Source: P.A. 98-1171, eff. 6-1-15
.)

14

(10 ILCS 5/18A-5)
15

Sec. 18A-5.
Provisional voting; general provisions.
16

(a) A person who claims to be a registered voter is
17
entitled to cast a provisional ballot under the following
18
circumstances:
19

(1) The person's name does not appear on the official
20

list of eligible voters for the precinct in which the
21

person seeks to vote and the person has refused an
22

opportunity to register at the polling location or another
23

grace period registration site. The official list is the
24

centralized statewide voter registration list established
25

and maintained in accordance with Section 1A-25;

SB3808
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LRB104 19628 SPS 33077 b
1

(2) The person's voting status has been challenged by
2

an election judge, a pollwatcher, or any legal voter and
3

that challenge has been sustained by a majority of the
4

election judges;
5

(3) A federal or State court order extends the time
6

for closing the polls beyond the time period established
7

by State law and the person votes during the extended time
8

period;
9

(4) The voter
registered to vote by mail and
is
10

required by law to present identification when voting
11

either
in person
, in the case of a voter who registered by
12

mail, when voting
or by early voting ballot, but fails to
13

provide an acceptable form of photo identification for
14

voting purposes, as described in Section 3-8, or a voter
15

identification card issued under Section 1-14

do so
;
16

(5) The voter's name appears on the list of voters who
17

voted during the early voting period, but the voter claims
18

not to have voted during the early voting period;
19

(6) The voter received a vote by mail ballot but did
20

not return the vote by mail ballot to the election
21

authority; or
22

(7) The voter attempted to register to vote on
23

election day, but failed to provide the necessary
24

documentation.
25

(b) The procedure for obtaining and casting a provisional
26
ballot at the polling place shall be as follows:

SB3808
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LRB104 19628 SPS 33077 b
1

(1) After first verifying through an examination of
2

the precinct register that the person's address is within
3

the precinct boundaries, an election judge at the polling
4

place shall notify a person who is entitled to cast a
5

provisional ballot pursuant to subsection (a) that he or
6

she may cast a provisional ballot in that election. An
7

election judge must accept any information provided by a
8

person who casts a provisional ballot that the person
9

believes supports his or her claim that he or she is a duly
10

registered voter and qualified to vote in the election.
11

However, if the person's residence address is outside the
12

precinct boundaries, the election judge shall inform the
13

person of that fact, give the person the appropriate
14

telephone number of the election authority in order to
15

locate the polling place assigned to serve that address,
16

and instruct the person to go to the proper polling place
17

to vote.
18

(2) The person shall execute a written form provided
19

by the election judge that shall state or contain all of
20

the following that is available:
21

(i) an affidavit stating the following:
22

State of Illinois, County of ................,
23

Township ............., Precinct ........, Ward
24

........, I, ......................., do solemnly
25

swear (or affirm) that: I am a citizen of the
26

United States; I am 18 years of age or older; I

SB3808
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LRB104 19628 SPS 33077 b
1

have resided in this State and in this precinct
2

for 30 days preceding this election; I have not
3

voted in this election; I am a duly registered
4

voter in every respect; and I am eligible to vote
5

in this election. Signature ...... Printed Name of
6

Voter ....... Printed Residence Address of Voter
7

...... City ...... State .... Zip Code .....
8

Telephone Number ...... Date of Birth ....... and
9

Illinois Driver's License Number ....... or Last 4
10

digits of Social Security Number ...... or State
11

Identification Card Number issued to you by the
12

Illinois Secretary of State ........
13

(ii) A box for the election judge to check one of
14

the reasons why the person was given a provisional
15

ballot under subsection (a) of this Section.
16

(iii) An area for the election judge to affix his
17

or her signature and to set forth any facts that
18

support or oppose the allegation that the person is
19

not qualified to vote in the precinct in which the
20

person is seeking to vote.
21

The written affidavit form described in this
22

subsection (b)(2) must be printed on a multi-part form
23

prescribed by the county clerk or board of election
24

commissioners, as the case may be.
25

(3) After the person executes the portion of the
26

written affidavit described in subsection (b)(2)(i) of

SB3808
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LRB104 19628 SPS 33077 b
1

this Section, the election judge shall complete the
2

portion of the written affidavit described in subsection
3

(b)(2)(iii) and (b)(2)(iv).
4

(4) The election judge shall give a copy of the
5

completed written affidavit to the person. The election
6

judge shall place the original written affidavit in a
7

self-adhesive clear plastic packing list envelope that
8

must be attached to a separate envelope marked as a
9

"provisional ballot envelope". The election judge shall
10

also place any information provided by the person who
11

casts a provisional ballot in the clear plastic packing
12

list envelope. Each county clerk or board of election
13

commissioners, as the case may be, must design, obtain or
14

procure self-adhesive clear plastic packing list envelopes
15

and provisional ballot envelopes that are suitable for
16

implementing this subsection (b)(4) of this Section.
17

(5) The election judge shall provide the person with a
18

provisional ballot, written instructions for casting a
19

provisional ballot, and the provisional ballot envelope
20

with the clear plastic packing list envelope affixed to
21

it, which contains the person's original written affidavit
22

and, if any, information provided by the provisional voter
23

to support his or her claim that he or she is a duly
24

registered voter. An election judge must also give the
25

person written information that states that any person who
26

casts a provisional ballot shall be able to ascertain,

SB3808
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LRB104 19628 SPS 33077 b
1

pursuant to guidelines established by the State Board of
2

Elections, whether the provisional vote was counted in the
3

official canvass of votes for that election and, if the
4

provisional vote was not counted, the reason that the vote
5

was not counted.
6

(6) After the person has completed marking his or her
7

provisional ballot, he or she shall place the marked
8

ballot inside of the provisional ballot envelope, close
9

and seal the envelope, and return the envelope to an
10

election judge, who shall then deposit the sealed
11

provisional ballot envelope into a securable container
12

separately identified and utilized for containing sealed
13

provisional ballot envelopes. Ballots that are provisional
14

because they are cast after 7:00 p.m. by court order shall
15

be kept separate from other provisional ballots. Upon the
16

closing of the polls, the securable container shall be
17

sealed with filament tape provided for that purpose, which
18

shall be wrapped around the box lengthwise and crosswise,
19

at least twice each way, and each of the election judges
20

shall sign the seal.
21

(c) Instead of the affidavit form described in subsection
22
(b), the county clerk or board of election commissioners, as
23
the case may be, may design and use a multi-part affidavit form
24
that is imprinted upon or attached to the provisional ballot
25
envelope described in subsection (b). If a county clerk or
26
board of election commissioners elects to design and use its

SB3808
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LRB104 19628 SPS 33077 b
1
own multi-part affidavit form, then the county clerk or board
2
of election commissioners shall establish a mechanism for
3
accepting any information the provisional voter has supplied
4
to the election judge to support his or her claim that he or
5
she is a duly registered voter. In all other respects, a county
6
clerk or board of election commissioners shall establish
7
procedures consistent with subsection (b).
8

(d) The county clerk or board of election commissioners,
9
as the case may be, shall use the completed affidavit form
10
described in subsection (b) to update the person's voter
11
registration information in the State voter registration
12
database and voter registration database of the county clerk
13
or board of election commissioners, as the case may be. If a
14
person is later determined not to be a registered voter based
15
on Section 18A-15 of this Code, then the affidavit shall be
16
processed by the county clerk or board of election
17
commissioners, as the case may be, as a voter registration
18
application.
19
(Source: P.A. 100-201, eff. 8-18-17.)

20

(10 ILCS 5/18A-15)
21

Sec. 18A-15.
Validating and counting provisional ballots.
22

(a) The county clerk or board of election commissioners
23
shall complete the validation and counting of provisional
24
ballots within 14 calendar days of the day of the election. The
25
county clerk or board of election commissioners shall have 7

SB3808
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LRB104 19628 SPS 33077 b
1
calendar days from the completion of the validation and
2
counting of provisional ballots to conduct its final canvass.
3
The State Board of Elections shall complete within 31 calendar
4
days of the election or sooner if all the returns are received,
5
its final canvass of the vote for all public offices.
6

(b) If a county clerk or board of election commissioners
7
determines that all of the following apply, then a provisional
8
ballot is valid and shall be counted as a vote:
9

(1) the provisional voter cast the provisional ballot
10

in the correct precinct based on the address provided by
11

the provisional voter. The provisional voter's affidavit
12

shall serve as a change of address request by that voter
13

for registration purposes for the next ensuing election if
14

it bears an address different from that in the records of
15

the election authority. Votes for federal and statewide
16

offices on a provisional ballot cast in the incorrect
17

precinct that meet the other requirements of this
18

subsection shall be valid and counted in accordance with
19

this Article. As used in this item, "federal office" is
20

defined as provided in Section 20-1 and "statewide office"
21

means the Governor, Attorney General, Secretary of State,
22

Comptroller, and Treasurer. Votes for General Assembly,
23

countywide, citywide, or township office on a provisional
24

ballot cast in the incorrect precinct but in the correct
25

legislative district, representative district, county,
26

municipality, or township, as the case may be, shall be

SB3808
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LRB104 19628 SPS 33077 b
1

valid and counted in accordance with this Article. As used
2

in this item, "citywide office" means an office elected by
3

the electors of an entire municipality. As used in this
4

item, "township office" means an office elected by the
5

electors of an entire township;
6

(2) the affidavit executed by the provisional voter
7

pursuant to subsection (b)(2) of Section 18A-5 contains,
8

at a minimum, the provisional voter's first and last name,
9

house number and street name, and signature or mark;
10

(3) except as permitted by item (5) of subsection (b)
11

of this Section, the provisional voter is a registered
12

voter based on information available to the county clerk
13

or board of election commissioners provided by or obtained
14

from any of the following:
15

i. the provisional voter;
16

ii. an election judge;
17

iii. the statewide voter registration database
18

maintained by the State Board of Elections;
19

iv. the records of the county clerk or board of
20

election commissioners' database; or
21

v. the records of the Secretary of State; and
22

(4) for a provisional ballot cast under item (6) of
23

subsection (a) of Section 18A-5, the voter did not vote by
24

mail ballot in the election at which the provisional
25

ballot was cast; or
26

(5) for a provisional ballot cast under item (7) of

SB3808
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LRB104 19628 SPS 33077 b
1

subsection (a) of Section 18A-5, the voter provides the
2

election authority with the necessary documentation within
3

7 days of election day.
4

(c) With respect to subsection (b)(3) of this Section, the
5
county clerk or board of election commissioners shall
6
investigate and record whether or not the specified
7
information is available from each of the 5 identified
8
sources. If the information is available from one or more of
9
the identified sources, then the county clerk or board of
10
election commissioners shall seek to obtain the information
11
from each of those sources until satisfied, with information
12
from at least one of those sources, that the provisional voter
13
is registered and entitled to vote. The county clerk or board
14
of election commissioners shall use any information it obtains
15
as the basis for determining the voter registration status of
16
the provisional voter. If a conflict exists among the
17
information available to the county clerk or board of election
18
commissioners as to the registration status of the provisional
19
voter, then the county clerk or board of election
20
commissioners shall make a determination based on the totality
21
of the circumstances. In a case where the above information
22
equally supports or opposes the registration status of the
23
voter, the county clerk or board of election commissioners
24
shall decide in favor of the provisional voter as being duly
25
registered to vote. If the statewide voter registration
26
database maintained by the State Board of Elections indicates

SB3808
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LRB104 19628 SPS 33077 b
1
that the provisional voter is registered to vote, but the
2
county clerk's or board of election commissioners' voter
3
registration database indicates that the provisional voter is
4
not registered to vote, then the information found in the
5
statewide voter registration database shall control the matter
6
and the provisional voter shall be deemed to be registered to
7
vote. If the records of the county clerk or board of election
8
commissioners indicates that the provisional voter is
9
registered to vote, but the statewide voter registration
10
database maintained by the State Board of Elections indicates
11
that the provisional voter is not registered to vote, then the
12
information found in the records of the county clerk or board
13
of election commissioners shall control the matter and the
14
provisional voter shall be deemed to be registered to vote. If
15
the provisional voter's signature on his or her provisional
16
ballot request varies from the signature on an otherwise valid
17
registration application solely because of the substitution of
18
initials for the first or middle name, the election authority
19
may not reject the provisional ballot.
20

(d) In validating the registration status of a person
21
casting a provisional ballot, the county clerk or board of
22
election commissioners shall not require a provisional voter
23
to complete any form other than the affidavit executed by the
24
provisional voter under subsection (b)(2) of Section 18A-5. In
25
addition, the county clerk or board of election commissioners
26
shall not require all provisional voters or any particular

SB3808
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LRB104 19628 SPS 33077 b
1
class or group of provisional voters to appear personally
2
before the county clerk or board of election commissioners or
3
as a matter of policy require provisional voters to submit
4
additional information to verify or otherwise support the
5
information already submitted by the provisional voter. Within
6
2 calendar days after the election, the election authority
7
shall transmit by electronic means pursuant to a process
8
established by the State Board of Elections the name, street
9
address, e-mail address, and precinct, ward, township, and
10
district numbers, as the case may be, of each person casting a
11
provisional ballot to the State Board of Elections, which
12
shall maintain those names and that information in an
13
electronic format on its website, arranged by county and
14
accessible to State and local political committees. The
15
provisional voter may, within 7 calendar days after the
16
election, submit additional information to the county clerk or
17
board of election commissioners
, except that in the case of
18
provisional voting under paragraph (4) of subsection (a) of
19
Section 18A-5, the provisional voter has 10 days to provide
20
the county clerk or board of election commissioners with the
21
required photo identification card
. This information must be
22
received by the county clerk or board of election
23
commissioners within the
applicable
7-calendar-day
or
24
10-calendar-day
period.
25

(e) If the county clerk or board of election commissioners
26
determines that subsection (b)(1), (b)(2), or (b)(3) does not

SB3808
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LRB104 19628 SPS 33077 b
1
apply, then the provisional ballot is not valid and may not be
2
counted. The provisional ballot envelope containing the ballot
3
cast by the provisional voter may not be opened. The county
4
clerk or board of election commissioners shall write on the
5
provisional ballot envelope the following: "Provisional ballot
6
determined invalid.".
7

(f) If the county clerk or board of election commissioners
8
determines that a provisional ballot is valid under this
9
Section, then the provisional ballot envelope shall be opened.
10
The outside of each provisional ballot envelope shall also be
11
marked to identify the precinct and the date of the election.
12

(g) Provisional ballots determined to be valid shall be
13
counted at the election authority's central ballot counting
14
location and shall not be counted in precincts. The
15
provisional ballots determined to be valid shall be added to
16
the vote totals for the precincts from which they were cast in
17
the order in which the ballots were opened. The validation and
18
counting of provisional ballots shall be subject to the
19
provisions of this Code that apply to pollwatchers. If the
20
provisional ballots are a ballot of a punch card voting
21
system, then the provisional ballot shall be counted in a
22
manner consistent with Article 24A. If the provisional ballots
23
are a ballot of optical scan or other type of approved
24
electronic voting system, then the provisional ballots shall
25
be counted in a manner consistent with Article 24B.
26

(h) As soon as the ballots have been counted, the election

SB3808
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LRB104 19628 SPS 33077 b
1
judges or election officials shall, in the presence of the
2
county clerk or board of election commissioners, place each of
3
the following items in a separate envelope or bag: (1) all
4
provisional ballots, voted or spoiled; (2) all provisional
5
ballot envelopes of provisional ballots voted or spoiled; and
6
(3) all executed affidavits of the provisional ballots voted
7
or spoiled. All provisional ballot envelopes for provisional
8
voters who have been determined not to be registered to vote
9
shall remain sealed. The county clerk or board of election
10
commissioners shall treat the provisional ballot envelope
11
containing the written affidavit as a voter registration
12
application for that person for the next election and process
13
that application. The election judges or election officials
14
shall then securely seal each envelope or bag, initial the
15
envelope or bag, and plainly mark on the outside of the
16
envelope or bag in ink the precinct in which the provisional
17
ballots were cast. The election judges or election officials
18
shall then place each sealed envelope or bag into a box, secure
19
and seal it in the same manner as described in item (6) of
20
subsection (b) of Section 18A-5. Each election judge or
21
election official shall take and subscribe an oath before the
22
county clerk or board of election commissioners that the
23
election judge or election official securely kept the ballots
24
and papers in the box, did not permit any person to open the
25
box or otherwise touch or tamper with the ballots and papers in
26
the box, and has no knowledge of any other person opening the

SB3808
- 30 -
LRB104 19628 SPS 33077 b
1
box. For purposes of this Section, the term "election
2
official" means the county clerk, a member of the board of
3
election commissioners, as the case may be, and their
4
respective employees.
5
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
6
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15
.)

7

(10 ILCS 5/19A-35)
8

Sec. 19A-35.
Procedure for voting.
9

(a) Not more than 23 days before the start of the election,
10
the county clerk shall make available to the election official
11
conducting early voting by personal appearance a sufficient
12
number of early ballots, envelopes, and printed voting
13
instruction slips for the use of early voters. The election
14
official shall receipt for all ballots received and shall
15
return unused or spoiled ballots at the close of the early
16
voting period to the county clerk and must strictly account
17
for all ballots received. The ballots delivered to the
18
election official must include early ballots for each precinct
19
in the election authority's jurisdiction and must include
20
separate ballots for each political subdivision conducting an
21
election of officers or a referendum at that election.
22

(b) In conducting early voting under this Article, the
23
election judge or official is required to verify the signature
24
of the early voter by comparison with the signature on the
25
official registration card, and the judge or official must

SB3808
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LRB104 19628 SPS 33077 b
1
verify (i) that the applicant is a registered voter, (ii) the
2
precinct in which the applicant is registered,
and
(iii) the
3
proper ballots of the political subdivision in which the
4
applicant resides and is entitled to vote
, and (iv) the
5
applicant's identity, which must be verified by the
6
applicant's presentation of an acceptable form of photo
7
identification for voting purposes, as described in Section
8
3-8, or a voter identification card issued under Section 1-14

9
before providing an early ballot to the applicant. The
10
election judge or official must verify the applicant's
11
registration from the most recent poll list provided by the
12
election authority, and if the applicant is not listed on that
13
poll list, by telephoning the office of the election
14
authority.
15

(b-5) A person requesting an early voting ballot to whom a
16
vote by mail ballot was issued may vote early if the person
17
submits that vote by mail ballot to the judges of election or
18
official conducting early voting for cancellation. If the
19
voter is unable to submit the vote by mail ballot, it shall be
20
sufficient for the voter to submit to the judges or official
21
(i) a portion of the vote by mail ballot if the vote by mail
22
ballot was torn or mutilated or (ii) an affidavit executed
23
before the judges or official specifying that (A) the voter
24
never received a vote by mail ballot or (B) the voter completed
25
and returned a vote by mail ballot and was informed that the
26
election authority did not receive that vote by mail ballot.

SB3808
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LRB104 19628 SPS 33077 b
1

(b-10) Within one day after a voter casts an early voting
2
ballot, the election authority shall transmit the voter's
3
name, street address, and precinct, ward, township, and
4
district numbers, as the case may be, to the State Board of
5
Elections, which shall maintain those names and that
6
information in an electronic format on its website, arranged
7
by county and accessible to State and local political
8
committees.
9

(b-15) Immediately after voting an early ballot, the voter
10
shall be instructed whether the voting equipment accepted or
11
rejected the ballot or identified that ballot as under-voted
12
for a statewide constitutional office. A voter whose ballot is
13
identified as under-voted may return to the voting booth and
14
complete the voting of that ballot. A voter whose early voting
15
ballot is not accepted by the voting equipment may, upon
16
surrendering the ballot, request and vote another early voting
17
ballot. The voter's surrendered ballot shall be initialed by
18
the election judge or official conducting the early voting and
19
handled as provided in the appropriate Article governing the
20
voting equipment used.
21

(c) The sealed early ballots in their carrier envelope
22
shall be delivered by the election authority to the central
23
ballot counting location before the close of the polls on the
24
day of the election.
25
(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15
.)

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