Illinois Administrative Code › Title 26 - ELECTIONS › Part 218 - COUNTING OF PROVISIONAL BALLOTS › Section 218.30 - Counting Procedures for Provisional Ballots Cast in an Incorrect Precinct (Within a Different Election Authority's Jurisdiction)

Current through Register Vol. 48, No. 28, July 12, 2024
a) Incorrect Precinct is Located in the Same
			 County as the County Where the Voter is Registered
The election authority having possession of the provisional
				ballot shall first notify the election authority having jurisdiction over the
				provisional voter that the voter cast a provisional ballot in its jurisdiction
				and provide whatever information is needed for the election authority to comply
				with the notification requirements set forth in Section 18A-15(d) of the Code.
				For purpose of determining which election authority has jurisdiction over the
				provisional voter, the election authority having possession of the provisional
				ballot shall use the address listed on the provisional ballot affidavit that
				was provided by the voter. If that address is different from the address at
				which the voter is registered the ballot shall be rejected; however, the
				affidavit shall serve as a request to register at that address. If a voter cast
				a provisional ballot in an incorrect precinct located in the jurisdiction of an
				election authority other than the election authority having jurisdiction over
				the voter's correct precinct, but where the precinct is located within the same
				county as the 2 election authorities (e.g., a voter is registered in the City
				of Chicago, but casts a provisional ballot in suburban Cook County), the
				election authority in whose territory the provisional ballot was cast shall,
				after receipt of the provisional ballot, transmit it, along with the
				provisional voter's affidavit and any other documentation provided to the
				election judges, to the office of the election authority having jurisdiction
				over the voter's correct precinct. The ballot shall be sealed in a secure
				envelope or other suitable container and transmitted within 8 business days
				after the election at which it was cast. If the locations of the election
				authorities' offices are such that it is feasible to hand deliver the ballot,
				the ballot shall be sealed in a secure envelope and transmitted in that manner
				by 2 election judges (or election officials), one from each of the 2 leading
				political parties. If the locations of the 2 election authorities are such that
				it is not feasible to hand deliver the ballot, the election authority having
				jurisdiction over the incorrect precinct shall cause the ballot to be sealed in
				a secure envelope and transmitted via express mail within 8 business days after
				the election at which the ballot was cast, with a delivery date no later than
				the second business day following the mailing date. Upon receipt of the ballot
				by the election authority having jurisdiction over the correct precinct, the
				election authority shall proceed to remake, and count the votes on, the
				provisional ballot in accordance with the procedures described in Section
				218.20,
				including the determination of eligibility to cast a provisional ballot. Any
				information provided to the election authority within the 7 day period provided
				for in Section 18A-15 of the Code shall be sealed in a secure envelope and
				transmitted to the office of the election authority having jurisdiction over
				the voter's correct precinct, along with the provisional ballot of that
				voter.
b) Incorrect
			 Precinct is Located in a Different County from the County Where the Voter is
			 Registered, but is Located in the Same Municipality and/or Legislative District
			 as the One in Which the Voter is Registered
1) The election authority having possession
			 of the provisional ballot shall first notify the election authority having
			 jurisdiction over the provisional voter that the voter cast a provisional
			 ballot in its jurisdiction and provide whatever information is needed for the
			 election authority to comply with the notification requirements set forth in
			 Section 18A-15(d) of the Code. For purposes of determining which election
			 authority has jurisdiction over the provisional voter, the election authority
			 having possession of the provisional ballot shall use the address listed on the
			 provisional ballot affidavit that was provided by the voter. If that address is
			 different from the address at which the voter is registered, the ballot shall
			 be rejected; however, the affidavit shall serve as a request to register at
			 that address. The election authority shall then cause the ballot, along with
			 the provisional voter's affidavit and any other documentation provided to the
			 election judges, to be transmitted via express mail within 8 business days
			 after the election at which the ballot was cast, with a delivery date no later
			 than the second business day following the mailing date. Upon receipt of the
			 ballot by the election authority having jurisdiction over the correct precinct,
			 that election authority shall proceed to remake and count the votes on the
			 provisional ballot in accordance with the procedures described in Section
			 218.20, including the determination of eligibility to cast a provisional
			 ballot. Any information provided to the election authority within the 7 day
			 period provided for in Section 18A-15 of the Code shall be transmitted to the
			 office of the election authority having jurisdiction over the voter's correct
			 precinct, along with the provisional ballot of that voter.
2) If a voter casts a provisional ballot in a
			 precinct outside of the county in which he or she is registered and outside of
			 the municipality or Legislative District in which he or she is registered (if
			 applicable), the ballot shall not be counted. It shall, however, be transmitted
			 via the U.S. Postal Service to the election authority having jurisdiction over
			 the voter's correct precinct within 14 days after the election and shall be
			 kept for 2 months, the same length of time as is required for other voted
			 ballots.
For purposes of determining which election authority has
				jurisdiction over the provisional voter, the election authority having
				possession of the provisional ballot shall use the address listed on the
				provisional ballot affidavit that was provided by the voter. If such address is
				different from the address at which the voter is registered, the ballot shall
				be rejected, however the affidavit shall serve as a request to register at such
				address.