Provisional Voting In Illinois

– 10 ILCS 5/18A

 

WHAT IS PROVISIONAL VOTING?

Provisional voting was created to allow a voter, whose eligibility is questioned, to vote on Election Day. “Provisional Ballots” must be kept in a separate, securable container until voter eligibility to vote is determined, by the election authority, AFTER Election Day.

WHO IS ENTITLED TO VOTE A PROVISIONAL BALLOT?

Any person who claims to be a registered voter is entitled to cast a provisional ballot under the following circumstances:

  • The person’s name does not appear on the official list of eligible voters for the precinct in which the person seeks to vote and the person has refused an opportunity to register at the polling place or another grace period registration site.
  • The person’s voting status has been challenged by an Election Judge, a pollwatcher, or any legal voter and that challenge has been sustained by a majority of the Election Judge.
  • A Federal of State Court order extends the time for closing the polls beyond the time period established by State law and the person votes during the extended time period.
  • The voter registered to vote by mail and is required by law to present identification when voting in person or by early voting ballot, but fails to do so.
  • The voter received a vote by mail ballot but did not return the vote by mail ballot to the Election Authority.
  • The voter’s name appears on the list of voters who voted during the early voting period, but the voter claims not to have voted during the early voting period.
  • The voter attempted to register to vote on election day, but failed to provide the necessary documentation.

WHY DO WE HAVE PROVISIONAL VOTING?

  • To ensure that all qualified voters are allowed to vote.
  • To correct any error made during the registration process.

HOW DOES A PERSON KNOW OF HIS/HER RIGHT TO VOTE PROVISIONALLY?

Every challenged voter must be inform of his/her right to vote provisionally. This notification must be provided by the election judges or by posted signs.

 

WHAT HAPPENS TO THE PROVISIONAL BALLOTS?

  • The provisional voter may submit additional information to the election authority.
  • The additional information must be received by the election authority no later than the close of business on the Thursday following the election.
  • The election authority has 14 days (after the election) to determine voter eligibility, and thus if the ballot should be counted.
  • The provisional ballots will then be counted, or left sealed in the provisional ballot envelopes.
  • The election authority will add the number of approved provisional ballots to the Election Day results.
  • The provisional voter may find out if his/her ballot was counted, or if it was not counted, the reason that it was not counted.
  • If the ballot is not counted the provisional voter affidavit will be used as registration application and the voter will be sent a voters registration ID card.
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