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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3810

Introduced 2/6/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

5 ILCS 840/20
10 ILCS 5/4-50
10 ILCS 5/5-50
10 ILCS 5/6-100
10 ILCS 5/18A-5
10 ILCS 5/18A-15

Amends the Election Code. Provides that, if a person chooses to
register to vote on the day of election, the person shall only be allowed
to cast a provisional ballot, and the election authority shall mail to the
provisional voter a voter registration application to the provisional
voter's address. Provides that a provisional ballot cast under the
provision is valid and shall be counted as a vote if the voter completes
and returns the voter registration application that the election authority
mailed to the voter upon casting the provisional ballot within 14 days
after the day of election.
LRB104 19631 SPS 33080 b

A BILL FOR

SB3810
LRB104 19631 SPS 33080 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 First Responders Suicide Prevention Act is
5
amended by changing Section 20 as follows:

6

(5 ILCS 840/20)
7

Sec. 20.
Confidentiality; exemptions.
8

(a) Any communication made by an employee of an emergency
9
services provider or law enforcement agency or peer support
10
advisor in a peer support counseling session and any oral or
11
written information conveyed in the peer support counseling
12
session is confidential and may not be disclosed by any person
13
participating in the peer support counseling session and shall
14
not be released to any person or entity.
15

(b) Any communication relating to a peer support
16
counseling session made confidential under this Section that
17
is made between peer support advisors and the supervisors or
18
staff of a peer support counseling program, or between the
19
supervisor or staff of a peer support counseling program, is
20
confidential and may not be disclosed.
21

(c) This Section does not prohibit any communications
22
between counselors who conduct peer support counseling
23
sessions or any communications between counselors and the

SB3810
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LRB104 19631 SPS 33080 b
1
supervisors or staff of a peer support counseling program.
2

(c-5) Any communication described in subsection (a) or (b)
3
is subject to subpoena for good cause shown.
4

(d)
The privileges established under this Section do not
5
apply if any of the following occur:

This Section does not
6
apply to:

7

(1)
the communication indicates an intent to engage in
8

conduct likely to result in imminent death or serious
9

physical injury to the participant or another individual;

10

any threat of suicide or homicide made by a participant in
11

a peer support counseling session or any information
12

conveyed in a peer support counseling session related to a
13

threat of suicide or homicide
;
14

(2)
the person receiving a peer support counseling
15

session discloses information that is required to be
16

reported under the mandated reporting laws, including, but
17

not limited to, the reporting of maltreatment of minors,
18

the reporting of maltreatment of vulnerable adults,
19

provided the disclosure is only for the purpose of
20

reporting the maltreatment and limited to information
21

necessary to make such a report;

any information mandated
22

by law or agency policy to be reported, including, but not
23

limited to, domestic violence, child abuse or neglect, or
24

elder abuse or neglect;
25

(3)
the participant waives the privilege or gives
26

consent to the disclosure of the privilege communication;

SB3810
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LRB104 19631 SPS 33080 b
1

any admission of criminal conduct; or
2

(4)
the participant is deceased and the surviving
3

spouse or executor or administrator of the estate of the
4

deceased participant expressly waives the privilege or
5

gives consent to disclosure of the privileged
6

communication; or

an admission or act of refusal to
7

perform duties to protect others or the employee of the
8

emergency services provider or law enforcement agency.
9

(5) the participant sought or obtained the peer
10

support counseling services to enable or aid anyone to
11

commit or plan to commit what the participant knew, or
12

reasonably should have known, was a crime, or fraud.

13

(e) All communications, notes, records, and reports
14
arising out of a peer support counseling session are not
15
subject to disclosure under Section 7.5 of the Freedom of
16
Information Act.
17

(e-5) A department that establishes a peer support
18
counseling program shall develop a policy or rule that imposes
19
disciplinary measures against a peer support advisor who
20
violates the confidentiality of the peer support counseling
21
program by sharing information learned in a peer support
22
counseling session with department personnel who are not
23
supervisors or staff of the peer support counseling program,
24
unless the information is related to the exemptions in
25
subsection (d).
26

(f) A cause of action exists for public safety personnel

SB3810
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LRB104 19631 SPS 33080 b
1
or emergency services personnel if the emergency services
2
provider or law enforcement agency uses confidential
3
information obtained during a confidential peer support
4
counseling session conducted by a law enforcement agency or by
5
an emergency services provider for an adverse employment
6
action against the participant.
7
(Source: P.A. 101-375, eff. 8-16-19.)

8

Section 10.
The Election Code is amended by changing
9
Sections 4-50, 5-50, 6-100, 18A-5, and 18A-15 as follows:

10

(10 ILCS 5/4-50)
11

Sec. 4-50.
Grace period.
Notwithstanding any other
12
provision of this Code to the contrary, each election
13
authority shall establish procedures for the registration of
14
voters and for change of address during the period from the
15
close of registration for an election until and including the
16
day of the election. During this grace period, an unregistered
17
qualified elector may register to vote, and a registered voter
18
may submit a change of address form, in person in the office of
19
the election authority, at a permanent polling place
20
established under Section 19A-10, at any other early voting
21
site beginning 15 days prior to the election, at a polling
22
place on election day, or at a voter registration location
23
specifically designated for this purpose by the election
24
authority. Grace period registration and changes of address

SB3810
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LRB104 19631 SPS 33080 b
1
shall also be conducted for eligible residents in connection
2
with voting at facilities under Section 19-12.2 of this Code.
3
The election authority shall register that individual, or
4
change a registered voter's address, in the same manner as
5
otherwise provided by this Article for registration and change
6
of address.
7

If a voter who registers or changes address during this
8
grace period wishes to vote at the election or primary
9
occurring during the grace period, he or she must do so by
10
grace period voting. The election authority shall offer
11
in-person grace period voting at the authority's office, any
12
permanent polling place established under Section 19A-10, and
13
at any other early voting site beginning 15 days prior to the
14
election, at a polling place on election day, where grace
15
period registration is required by this Section; and may offer
16
in-person grace period voting at additional hours and
17
locations specifically designated for the purpose of grace
18
period voting by the election authority. The election
19
authority may allow grace period voting by mail only if the
20
election authority has no ballots prepared at the authority's
21
office. Grace period voting shall be in a manner substantially
22
similar to voting under Article 19A.
23

Within one day after a voter casts a grace period ballot,
24
or within one day after the ballot is received by the election
25
authority if the election authority allows grace period voting
26
by mail, the election authority shall transmit by electronic

SB3810
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LRB104 19631 SPS 33080 b
1
means pursuant to a process established by the State Board of
2
Elections the voter's name, street address, e-mail address,
3
and precinct, ward, township, and district numbers, as the
4
case may be, to the State Board of Elections, which shall
5
maintain those names and that information in an electronic
6
format on its website, arranged by county and accessible to
7
State and local political committees. The name of each person
8
issued a grace period ballot shall also be placed on the
9
appropriate precinct list of persons to whom vote by mail and
10
early ballots have been issued, for use as provided in
11
Sections 17-9 and 18-5.
12

A person who casts a grace period ballot shall not be
13
permitted to revoke that ballot and vote another ballot with
14
respect to that primary or election. Ballots cast by persons
15
who register or change address during the grace period at a
16
location other than their designated polling place on election
17
day must be transmitted to and counted at the election
18
authority's central ballot counting location and shall not be
19
transmitted to and counted at precinct polling places. The
20
grace period ballots determined to be valid shall be added to
21
the vote totals for the precincts for which they were cast in
22
the order in which the ballots were opened.
23

If a person registers to vote on the day of the election
24
under this Section, the election authority shall only allow
25
that person to vote a provisional ballot as described in
26
Section 18A-5.

SB3810
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LRB104 19631 SPS 33080 b
1

In counties with a population of less than 100,000 that do
2
not have electronic poll books, the election authority may opt
3
out of registration in the polling place if the election
4
authority establishes grace period registration and voting at
5
other sites on election day at the following sites: (i) the
6
election authority's main office and (ii) a polling place in
7
each municipality where 20% or more of the county's residents
8
reside if the election authority's main office is not located
9
in that municipality. The election authority may establish
10
other grace period registration and voting sites on election
11
day provided that the election authority has met the notice
12
requirements of Section 19A-25 for permanent and temporary
13
early voting sites.
14
(Source: P.A. 100-442, eff. 8-25-17.)

15

(10 ILCS 5/5-50)
16

Sec. 5-50.
Grace period.
Notwithstanding any other
17
provision of this Code to the contrary, each election
18
authority shall establish procedures for the registration of
19
voters and for change of address during the period from the
20
close of registration for an election until and including the
21
day of the election. During this grace period, an unregistered
22
qualified elector may register to vote, and a registered voter
23
may submit a change of address form, in person in the office of
24
the election authority, at a permanent polling place
25
established under Section 19A-10, at any other early voting

SB3810
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LRB104 19631 SPS 33080 b
1
site beginning 15 days prior to the election, at a polling
2
place on election day, or at a voter registration location
3
specifically designated for this purpose by the election
4
authority. Grace period registration and changes of address
5
shall also be conducted for eligible residents in connection
6
with voting at facilities under Section 19-12.2 of this Code.
7
The election authority shall register that individual, or
8
change a registered voter's address, in the same manner as
9
otherwise provided by this Article for registration and change
10
of address.
11

If a voter who registers or changes address during this
12
grace period wishes to vote at the election or primary
13
occurring during the grace period, he or she must do so by
14
grace period voting. The election authority shall offer
15
in-person grace period voting at his or her office, any
16
permanent polling place established under Section 19A-10, and
17
at any other early voting site beginning 15 days prior to the
18
election, at a polling place on election day, where grace
19
period registration is required by this Section; and may offer
20
in-person grace period voting at additional hours and
21
locations specifically designated for the purpose of grace
22
period voting by the election authority. The election
23
authority may allow grace period voting by mail only if the
24
election authority has no ballots prepared at the authority's
25
office. Grace period voting shall be in a manner substantially
26
similar to voting under Article 19A.

SB3810
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LRB104 19631 SPS 33080 b
1

Within one day after a voter casts a grace period ballot,
2
or within one day after the ballot is received by the election
3
authority if the election authority allows grace period voting
4
by mail, the election authority shall transmit by electronic
5
means pursuant to a process established by the State Board of
6
Elections the voter's name, street address, e-mail address,
7
and precinct, ward, township, and district numbers, as the
8
case may be, to the State Board of Elections, which shall
9
maintain those names and that information in an electronic
10
format on its website, arranged by county and accessible to
11
State and local political committees. The name of each person
12
issued a grace period ballot shall also be placed on the
13
appropriate precinct list of persons to whom vote by mail and
14
early ballots have been issued, for use as provided in
15
Sections 17-9 and 18-5.
16

A person who casts a grace period ballot shall not be
17
permitted to revoke that ballot and vote another ballot with
18
respect to that primary or election. Ballots cast by persons
19
who register or change address during the grace period at a
20
location other than their designated polling place on election
21
day must be transmitted to and counted at the election
22
authority's central ballot counting location and shall not be
23
transmitted to and counted at precinct polling places. The
24
grace period ballots determined to be valid shall be added to
25
the vote totals for the precincts for which they were cast in
26
the order in which the ballots were opened.

SB3810
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LRB104 19631 SPS 33080 b
1

If a person registers to vote on the day of the election
2
under this Section, the election authority shall only allow
3
that person to vote a provisional ballot as described in
4
Section 18A-5.
5

In counties with a population of less than 100,000 that do
6
not have electronic poll books, the election authority may opt
7
out of registration in the polling place if the election
8
authority establishes grace period registration and voting at
9
other sites on election day at the following sites: (i) the
10
election authority's main office and (ii) a polling place in
11
each municipality where 20% or more of the county's residents
12
reside if the election authority's main office is not located
13
in that municipality. The election authority may establish
14
other grace period registration and voting sites on election
15
day provided that the election authority has met the notice
16
requirements of Section 19A-25 for permanent and temporary
17
early voting sites.
18
(Source: P.A. 100-442, eff. 8-25-17.)

19

(10 ILCS 5/6-100)
20

Sec. 6-100.
Grace period.
Notwithstanding any other
21
provision of this Code to the contrary, each election
22
authority shall establish procedures for the registration of
23
voters and for change of address during the period from the
24
close of registration for an election until and including the
25
day of the election. During this grace period, an unregistered

SB3810
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LRB104 19631 SPS 33080 b
1
qualified elector may register to vote, and a registered voter
2
may submit a change of address form, in person in the office of
3
the election authority, at a permanent polling place
4
established under Section 19A-10, at any other early voting
5
site beginning 15 days prior to the election, at a polling
6
place on election day, or at a voter registration location
7
specifically designated for this purpose by the election
8
authority. Grace period registration and changes of address
9
shall also be conducted for eligible residents in connection
10
with voting at facilities under Section 19-12.2 of this Code.
11
The election authority shall register that individual, or
12
change a registered voter's address, in the same manner as
13
otherwise provided by this Article for registration and change
14
of address.
15

If a voter who registers or changes address during this
16
grace period wishes to vote at the election or primary
17
occurring during the grace period. The election authority
18
shall offer in-person grace period voting at the authority's
19
office, any permanent polling place established under Section
20
19A-10, and at any other early voting site beginning 15 days
21
prior to the election, at a polling place on election day,
22
where grace period registration is required by this Section;
23
and may offer in-person grace period voting at additional
24
hours and locations specifically designated for the purpose of
25
grace period voting by the election authority. The election
26
authority may allow grace period voting by mail only if the

SB3810
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LRB104 19631 SPS 33080 b
1
election authority has no ballots prepared at the authority's
2
office. Grace period voting shall be in a manner substantially
3
similar to voting under Article 19A.
4

Within one day after a voter casts a grace period ballot,
5
or within one day after the ballot is received by the election
6
authority if the election authority allows grace period voting
7
by mail, the election authority shall transmit by electronic
8
means pursuant to a process established by the State Board of
9
Elections the voter's name, street address, e-mail address,
10
and precinct, ward, township, and district numbers, as the
11
case may be, to the State Board of Elections, which shall
12
maintain those names and that information in an electronic
13
format on its website, arranged by county and accessible to
14
State and local political committees. The name of each person
15
issued a grace period ballot shall also be placed on the
16
appropriate precinct list of persons to whom vote by mail and
17
early ballots have been issued, for use as provided in
18
Sections 17-9 and 18-5.
19

A person who casts a grace period ballot shall not be
20
permitted to revoke that ballot and vote another ballot with
21
respect to that primary or election. Ballots cast by persons
22
who register or change address during the grace period at a
23
location other than their designated polling place on election
24
day must be transmitted to and counted at the election
25
authority's central ballot counting location and shall not be
26
transmitted to and counted at precinct polling places. The

SB3810
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LRB104 19631 SPS 33080 b
1
grace period ballots determined to be valid shall be added to
2
the vote totals for the precincts for which they were cast in
3
the order in which the ballots were opened.
4

If a person registers to vote on the day of the election
5
under this Section, the election authority shall only allow
6
that person to vote a provisional ballot as described in
7
Section 18A-5.
8

In counties with a population of less than 100,000 that do
9
not have electronic poll books, the election authority may opt
10
out of registration in the polling place if the election
11
authority establishes grace period registration and voting at
12
other sites on election day at the following sites: (i) the
13
election authority's main office and (ii) a polling place in
14
each municipality where 20% or more of the county's residents
15
reside if the election authority's main office is not located
16
in that municipality. The election authority may establish
17
other grace period registration and voting sites on election
18
day provided that the election authority has met the notice
19
requirements of Section 19A-25 for permanent and temporary
20
early voting sites.
21
(Source: P.A. 100-442, eff. 8-25-17.)

22

(10 ILCS 5/18A-5)
23

Sec. 18A-5.
Provisional voting; general provisions.
24

(a) A person who claims to be a registered voter is
25
entitled to cast a provisional ballot under the following

SB3810
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LRB104 19631 SPS 33080 b
1
circumstances:
2

(1) The person's name does not appear on the official
3

list of eligible voters for the precinct in which the
4

person seeks to vote
and the person has refused an
5

opportunity to register at the polling location or another
6

grace period registration site
.
If the person chooses to
7

register to vote on the day of the election, the person
8

shall only be allowed to cast a provisional ballot, and
9

the election authority shall mail to the provisional voter
10

a voter registration application to the address listed on
11

the affidavit described in paragraph (2).
The official
12

list is the centralized statewide voter registration list
13

established and maintained in accordance with Section
14

1A-25;
15

(2) The person's voting status has been challenged by
16

an election judge, a pollwatcher, or any legal voter and
17

that challenge has been sustained by a majority of the
18

election judges;
19

(3) A federal or State court order extends the time
20

for closing the polls beyond the time period established
21

by State law and the person votes during the extended time
22

period;
23

(4) The voter registered to vote by mail and is
24

required by law to present identification when voting
25

either in person or by early voting ballot, but fails to do
26

so;

SB3810
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LRB104 19631 SPS 33080 b
1

(5) The voter's name appears on the list of voters who
2

voted during the early voting period, but the voter claims
3

not to have voted during the early voting period;
4

(6) The voter received a vote by mail ballot but did
5

not return the vote by mail ballot to the election
6

authority; or
7

(7) The voter attempted to register to vote on
8

election day, but failed to provide the necessary
9

documentation.
10

(b) The procedure for obtaining and casting a provisional
11
ballot at the polling place shall be as follows:
12

(1) After first verifying through an examination of
13

the precinct register that the person's address is within
14

the precinct boundaries, an election judge at the polling
15

place shall notify a person who is entitled to cast a
16

provisional ballot pursuant to subsection (a) that he or
17

she may cast a provisional ballot in that election. An
18

election judge must accept any information provided by a
19

person who casts a provisional ballot that the person
20

believes supports his or her claim that he or she is a duly
21

registered voter and qualified to vote in the election.
22

However, if the person's residence address is outside the
23

precinct boundaries, the election judge shall inform the
24

person of that fact, give the person the appropriate
25

telephone number of the election authority in order to
26

locate the polling place assigned to serve that address,

SB3810
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LRB104 19631 SPS 33080 b
1

and instruct the person to go to the proper polling place
2

to vote.
3

(2) The person shall execute a written form provided
4

by the election judge that shall state or contain all of
5

the following that is available:
6

(i) an affidavit stating the following:
7

State of Illinois, County of ................,
8

Township ............., Precinct ........, Ward
9

........, I, ......................., do solemnly
10

swear (or affirm) that: I am a citizen of the
11

United States; I am 18 years of age or older; I
12

have resided in this State and in this precinct
13

for 30 days preceding this election; I have not
14

voted in this election; I am a duly registered
15

voter in every respect; and I am eligible to vote
16

in this election. Signature ...... Printed Name of
17

Voter ....... Printed Residence Address of Voter
18

...... City ...... State .... Zip Code .....
19

Telephone Number ...... Date of Birth ....... and
20

Illinois Driver's License Number ....... or Last 4
21

digits of Social Security Number ...... or State
22

Identification Card Number issued to you by the
23

Illinois Secretary of State ........
24

(ii) A box for the election judge to check one of
25

the reasons why the person was given a provisional
26

ballot under subsection (a) of this Section.

SB3810
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LRB104 19631 SPS 33080 b
1

(iii) An area for the election judge to affix his
2

or her signature and to set forth any facts that
3

support or oppose the allegation that the person is
4

not qualified to vote in the precinct in which the
5

person is seeking to vote.
6

The written affidavit form described in this
7

subsection (b)(2) must be printed on a multi-part form
8

prescribed by the county clerk or board of election
9

commissioners, as the case may be.
10

(3) After the person executes the portion of the
11

written affidavit described in subsection (b)(2)(i) of
12

this Section, the election judge shall complete the
13

portion of the written affidavit described in subsection
14

(b)(2)(iii) and (b)(2)(iv).
15

(4) The election judge shall give a copy of the
16

completed written affidavit to the person. The election
17

judge shall place the original written affidavit in a
18

self-adhesive clear plastic packing list envelope that
19

must be attached to a separate envelope marked as a
20

"provisional ballot envelope". The election judge shall
21

also place any information provided by the person who
22

casts a provisional ballot in the clear plastic packing
23

list envelope. Each county clerk or board of election
24

commissioners, as the case may be, must design, obtain or
25

procure self-adhesive clear plastic packing list envelopes
26

and provisional ballot envelopes that are suitable for

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1

implementing this subsection (b)(4) of this Section.
2

(5) The election judge shall provide the person with a
3

provisional ballot, written instructions for casting a
4

provisional ballot, and the provisional ballot envelope
5

with the clear plastic packing list envelope affixed to
6

it, which contains the person's original written affidavit
7

and, if any, information provided by the provisional voter
8

to support his or her claim that he or she is a duly
9

registered voter. An election judge must also give the
10

person written information that states that any person who
11

casts a provisional ballot shall be able to ascertain,
12

pursuant to guidelines established by the State Board of
13

Elections, whether the provisional vote was counted in the
14

official canvass of votes for that election and, if the
15

provisional vote was not counted, the reason that the vote
16

was not counted.
17

(6) After the person has completed marking his or her
18

provisional ballot, he or she shall place the marked
19

ballot inside of the provisional ballot envelope, close
20

and seal the envelope, and return the envelope to an
21

election judge, who shall then deposit the sealed
22

provisional ballot envelope into a securable container
23

separately identified and utilized for containing sealed
24

provisional ballot envelopes. Ballots that are provisional
25

because they are cast after 7:00 p.m. by court order shall
26

be kept separate from other provisional ballots. Upon the

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1

closing of the polls, the securable container shall be
2

sealed with filament tape provided for that purpose, which
3

shall be wrapped around the box lengthwise and crosswise,
4

at least twice each way, and each of the election judges
5

shall sign the seal.
6

(c) Instead of the affidavit form described in subsection
7
(b), the county clerk or board of election commissioners, as
8
the case may be, may design and use a multi-part affidavit form
9
that is imprinted upon or attached to the provisional ballot
10
envelope described in subsection (b). If a county clerk or
11
board of election commissioners elects to design and use its
12
own multi-part affidavit form, then the county clerk or board
13
of election commissioners shall establish a mechanism for
14
accepting any information the provisional voter has supplied
15
to the election judge to support his or her claim that he or
16
she is a duly registered voter. In all other respects, a county
17
clerk or board of election commissioners shall establish
18
procedures consistent with subsection (b).
19

(d) The county clerk or board of election commissioners,
20
as the case may be, shall use the completed affidavit form
21
described in subsection (b) to update the person's voter
22
registration information in the State voter registration
23
database and voter registration database of the county clerk
24
or board of election commissioners, as the case may be. If a
25
person is later determined not to be a registered voter based
26
on Section 18A-15 of this Code, then the affidavit shall be

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1
processed by the county clerk or board of election
2
commissioners, as the case may be, as a voter registration
3
application.
4
(Source: P.A. 100-201, eff. 8-18-17.)

5

(10 ILCS 5/18A-15)
6

Sec. 18A-15.
Validating and counting provisional ballots.
7

(a) The county clerk or board of election commissioners
8
shall complete the validation and counting of provisional
9
ballots within 14 calendar days of the day of the election. The
10
county clerk or board of election commissioners shall have 7
11
calendar days from the completion of the validation and
12
counting of provisional ballots to conduct its final canvass.
13
The State Board of Elections shall complete within 31 calendar
14
days of the election or sooner if all the returns are received,
15
its final canvass of the vote for all public offices.
16

(b) If a county clerk or board of election commissioners
17
determines that all of the following apply, then a provisional
18
ballot is valid and shall be counted as a vote:
19

(1) the provisional voter cast the provisional ballot
20

in the correct precinct based on the address provided by
21

the provisional voter. The provisional voter's affidavit
22

shall serve as a change of address request by that voter
23

for registration purposes for the next ensuing election if
24

it bears an address different from that in the records of
25

the election authority. Votes for federal and statewide

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1

offices on a provisional ballot cast in the incorrect
2

precinct that meet the other requirements of this
3

subsection shall be valid and counted in accordance with
4

this Article. As used in this item, "federal office" is
5

defined as provided in Section 20-1 and "statewide office"
6

means the Governor, Attorney General, Secretary of State,
7

Comptroller, and Treasurer. Votes for General Assembly,
8

countywide, citywide, or township office on a provisional
9

ballot cast in the incorrect precinct but in the correct
10

legislative district, representative district, county,
11

municipality, or township, as the case may be, shall be
12

valid and counted in accordance with this Article. As used
13

in this item, "citywide office" means an office elected by
14

the electors of an entire municipality. As used in this
15

item, "township office" means an office elected by the
16

electors of an entire township;
17

(2) the affidavit executed by the provisional voter
18

pursuant to subsection (b)(2) of Section 18A-5 contains,
19

at a minimum, the provisional voter's first and last name,
20

house number and street name, and signature or mark;
21

(3) except as permitted by item (5) of subsection (b)
22

of this Section, the provisional voter is a registered
23

voter based on information available to the county clerk
24

or board of election commissioners provided by or obtained
25

from any of the following:
26

i. the provisional voter;

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1

ii. an election judge;
2

iii. the statewide voter registration database
3

maintained by the State Board of Elections;
4

iv. the records of the county clerk or board of
5

election commissioners' database; or
6

v. the records of the Secretary of State; and
7

(4) for a provisional ballot cast under item (6) of
8

subsection (a) of Section 18A-5, the voter did not vote by
9

mail ballot in the election at which the provisional
10

ballot was cast;
or

11

(5) for a provisional ballot cast under item (7) of
12

subsection (a) of Section 18A-5, the voter provides the
13

election authority with the necessary documentation within
14

7 days of election day
; or

.

15

(6) for a provisional ballot cast under paragraph (1)
16

of subsection (a) of Section 18A-5, the voter completes
17

and returns the voter registration application that the
18

election authority mailed to the voter upon casting a
19

provisional ballot within 14 days after the day of the
20

election.
21

(c) With respect to subsection (b)(3) of this Section, the
22
county clerk or board of election commissioners shall
23
investigate and record whether or not the specified
24
information is available from each of the 5 identified
25
sources. If the information is available from one or more of
26
the identified sources, then the county clerk or board of

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

SB3810
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LRB104 19631 SPS 33080 b
1
database maintained by the State Board of Elections indicates
2
that the provisional voter is not registered to vote, then the
3
information found in the records of the county clerk or board
4
of election commissioners shall control the matter and the
5
provisional voter shall be deemed to be registered to vote. If
6
the provisional voter's signature on his or her provisional
7
ballot request varies from the signature on an otherwise valid
8
registration application solely because of the substitution of
9
initials for the first or middle name, the election authority
10
may not reject the provisional ballot.
11

(d) In validating the registration status of a person
12
casting a provisional ballot, the county clerk or board of
13
election commissioners shall not require a provisional voter
14
to complete any form other than the affidavit executed by the
15
provisional voter under subsection (b)(2) of Section 18A-5. In
16
addition, the county clerk or board of election commissioners
17
shall not require all provisional voters or any particular
18
class or group of provisional voters to appear personally
19
before the county clerk or board of election commissioners or
20
as a matter of policy require provisional voters to submit
21
additional information to verify or otherwise support the
22
information already submitted by the provisional voter. Within
23
2 calendar days after the election, the election authority
24
shall transmit by electronic means pursuant to a process
25
established by the State Board of Elections the name, street
26
address, e-mail address, and precinct, ward, township, and

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1
district numbers, as the case may be, of each person casting a
2
provisional ballot to the State Board of Elections, which
3
shall maintain those names and that information in an
4
electronic format on its website, arranged by county and
5
accessible to State and local political committees. The
6
provisional voter may, within 7 calendar days after the
7
election, submit additional information to the county clerk or
8
board of election commissioners. This information must be
9
received by the county clerk or board of election
10
commissioners within the 7-calendar-day period.
11

(e) If the county clerk or board of election commissioners
12
determines that subsection (b)(1), (b)(2), or (b)(3) does not
13
apply, then the provisional ballot is not valid and may not be
14
counted. The provisional ballot envelope containing the ballot
15
cast by the provisional voter may not be opened. The county
16
clerk or board of election commissioners shall write on the
17
provisional ballot envelope the following: "Provisional ballot
18
determined invalid.".
19

(f) If the county clerk or board of election commissioners
20
determines that a provisional ballot is valid under this
21
Section, then the provisional ballot envelope shall be opened.
22
The outside of each provisional ballot envelope shall also be
23
marked to identify the precinct and the date of the election.
24

(g) Provisional ballots determined to be valid shall be
25
counted at the election authority's central ballot counting
26
location and shall not be counted in precincts. The

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1
provisional ballots determined to be valid shall be added to
2
the vote totals for the precincts from which they were cast in
3
the order in which the ballots were opened. The validation and
4
counting of provisional ballots shall be subject to the
5
provisions of this Code that apply to pollwatchers. If the
6
provisional ballots are a ballot of a punch card voting
7
system, then the provisional ballot shall be counted in a
8
manner consistent with Article 24A. If the provisional ballots
9
are a ballot of optical scan or other type of approved
10
electronic voting system, then the provisional ballots shall
11
be counted in a manner consistent with Article 24B.
12

(h) As soon as the ballots have been counted, the election
13
judges or election officials shall, in the presence of the
14
county clerk or board of election commissioners, place each of
15
the following items in a separate envelope or bag: (1) all
16
provisional ballots, voted or spoiled; (2) all provisional
17
ballot envelopes of provisional ballots voted or spoiled; and
18
(3) all executed affidavits of the provisional ballots voted
19
or spoiled. All provisional ballot envelopes for provisional
20
voters who have been determined not to be registered to vote
21
shall remain sealed. The county clerk or board of election
22
commissioners shall treat the provisional ballot envelope
23
containing the written affidavit as a voter registration
24
application for that person for the next election and process
25
that application. The election judges or election officials
26
shall then securely seal each envelope or bag, initial the

SB3810
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1
envelope or bag, and plainly mark on the outside of the
2
envelope or bag in ink the precinct in which the provisional
3
ballots were cast. The election judges or election officials
4
shall then place each sealed envelope or bag into a box, secure
5
and seal it in the same manner as described in item (6) of
6
subsection (b) of Section 18A-5. Each election judge or
7
election official shall take and subscribe an oath before the
8
county clerk or board of election commissioners that the
9
election judge or election official securely kept the ballots
10
and papers in the box, did not permit any person to open the
11
box or otherwise touch or tamper with the ballots and papers in
12
the box, and has no knowledge of any other person opening the
13
box. For purposes of this Section, the term "election
14
official" means the county clerk, a member of the board of
15
election commissioners, as the case may be, and their
16
respective employees.
17
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
18
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15
.)

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