Illinois

When people think about elections in Illinois, they probably think first of an earlier era when Chicago was pitted against “downstate,” and Chicago politics was dominated by neighborhood ward heelers. Although Illinois election officials continue to become ensnared in the legal process from time to time, the administration of elections in Illinois is actually modern and reflective of contemporary trends in election administration.

Indeed, Illinois was one of the earliest states to embrace the “convenience revolution” in voting. Over a decade ago it was one of the first states to adopt in-person early voting.  More recently, Illinois joined the ranks of states allowing “no excuse” absentee voting.  As a consequence, in 2016, 33% of ballots for the general election were actually cast before Election Day, either in early voting centers or through absentee ballots.

Nominally, Illinois uses a State Board of Elections, composed of eight members, to oversee elections throughout the state. The Board of Elections appoints an Executive Director, who functions as the state’s chief election official.  Primary responsibility for local election administration rests with county election officials, with cities allowed to take primary responsibility if they wish.

On Election Day, polls in Illinois are open from 6:00 a.m. to 7:00 p.m.

Sources of Election Information

The Illinois State Board of Elections maintains a website with information and services related to voter registration, various modes of early voting, how to find your local elections officials, and additional background about elections and voting. 

Other useful online links to official Illinois voting information that are referenced in this report include the following:

• Online voter registration
• Provisional ballot status lookup
• Searchable database of local election officials
• Illinois campaign finance disclosure information

The following information about the Illinois electoral landscape is based primarily on an analysis of Illinois statutes, augmented by other official documentation.  Citations to statutes and other sources are provided in the text.  The focus of the research was on the election law that governed the conduct of the 2016 election.

Institutional Arrangements

Elections in Illinois are overseen by a State Board of Elections appointed by the governor. 10 Ill. Comp. Stat. 5/1A-1. The Board consists of eight members, four from Cook County and four from elsewhere in the state. 10 Ill. Comp. Stat. 5/1A-2. Two members from Cook County and two members from elsewhere must be of the same political party as the sitting governor, while the other members must be from the party whose candidate for governor came in second in the most recent election. Id. Board members have staggered terms. 10 Ill. Comp. Stat. 5/1A-3 The Board plays only a limited role in the actual conduct of state elections, although by statute it is empowered to do many things (such as disseminate information, furnish manuals to standardize the conduct of election authorities, prepare ballot measures and constitutional amendments, write statistical reports, review election procedures and report election law violations, make recommendations to the state legislature, create rules and regulations, determine the validity and sufficiency of petitions, maintain a research library, supervise the administration of registration and election law, obtain data processing equipment, provide directions to national and central state committees of political parties, publicize early voting sites and hours, and publish election results on its website). 10 Ill. Comp. Stat. 5/1A-8.

The state board of elections appoints an executive director, who supervises the operation of the business of the board, and functions as the state’s chief elections official.

Most local election administration is done at the county level, with elected county clerks playing the lead role. See 10 Ill. Comp. Stat. 5/17/-8; 55 Ill. Comp. Stat. 5/3. However, Illinois allows cities to opt-out of the county clerk system. 10 Ill. Comp. Stat. 5/6-1. Presently those cities are Bloomington, Chicago, Danville, East St. Louis, Galesburg, and Rockford. Chicago and the five other cities that have opted out must have their own board of three election commissioners, appointed by the circuit court. 10 Ill. Comp. Stat. 5/6-21. Illinois voters can find their local election jurisdiction here.

Voter Registration

1. Who is Eligible?

Eligible voters must be U.S. citizens, at least 18 years old on Election Day, who have resided in their election district for 30 days before the election. 10 Ill. Comp. Stat. 5/3-1. Residents who are not yet 18 years old at the time of a primary can vote in that primary if they will be 18 years old at the ensuing general election. 10 Ill. Comp. Stat. 5/3-6. Illinois disqualifies individuals who have been convicted of any crime while they are serving a sentence of confinement. 10 Ill. Comp. Stat. 5/3-5. Once released, including release on parole, their voter eligibility is restored. See id.

2. How to Register

In 2017 Illinois passed an automatic voter registration statute, which now allows voters to register to vote seamlessly when they interact with certain state agencies, particularly the Secretary of State’s Driver’s Service facilities. 10 Ill. Comp. Stat. 5/1A-16.1. A voter may also register online, using a system maintained by the State Board of Elections, up until sixteen days prior to an election. 10 Ill. Comp. Stat. 5/1A-16.5. The online system interfaces with a government agency registration “portal,” which allows Illinois residents to register to vote whenever they interact with a government agency, either online or in-person. 10 Ill. Comp. Stat. 5/1A-16.6. Although the regular voter registration deadline is 28 days before Election Day, Illinois offers in-person “grace period” registration from the 27^th day prior to an election through Election Day. 10 Ill. Comp. Stat. 5/5-50.

3. Registration Database

Illinois maintains a centralized, statewide voter registration list, which aggregates all registered voters from each local election authority’s voter registration database. Ill. Comp. Stat. 5/1A-25. The list synchronizes with the information in the local voter databases every twenty-four hours. Id. Illinois does not explicitly specify a process for removing names from the list.

The Illinois State Board of Elections considers Illinois’s voter registration database to be a “bottom-up system,” meaning that local election authorities maintain data locally, uploading it periodically to the state to populate the statewide voter registration list.  U.S. E.A.C. Statutory Overview 2016, 10; Ill. Comp. Stat 5/1A-25.

Challenges to Voter Eligibility

1. Who Can Challenge?

Any voter of the city, village, or town of a particular precinct may petition for a voter of that precinct to be removed from the voter registry on the Monday or Tuesday two weeks prior to Election Day. 10 Ill. Comp. Stat. 5/4-12. Similarly, any voter, election judge, or poll worker may challenge a voter at the polling place on the day of an election. Id. at 5/17-10, 23.

2. Basis for the Challenge

Regardless of who challenges a particular voter or the method of the challenge, the challenger must do so upon “personal knowledge” that the challenged voter does not have the requisite qualifications to vote under Illinois law. 10 Ill. Comp. Stat. 5/4-12, 5/17-10. For challenges made two weeks prior to Election Day, the challenger must file an affidavit with the county clerk swearing that the challenged voter is not qualified to vote in the voter’s particular precinct. Id. at 5/4-12.

3. Voting Process for a Challenged Voter

For a pre-Election Day challenge, the challenged voter is given the opportunity to show, at a hearing before the county clerk or board of elections, that the voter is qualified to vote. 10 Ill. Comp. Stat. 5/4-12. The challenger is also provided the opportunity to appear at the hearing and show why the challenged voter is not qualified. Id. The challenger has the burden of proof at the hearing; if the challenger fails to appear or does not establish that the challenged voter is not qualified, the challenged voter remains on the voter registry. Id. For a voter challenged on Election Day, the voter must sign an affidavit and provide two forms of identification, or an affidavit from another voter swearing that the voter is qualified. Id. at 5/17-10. Upon compliance with these provisions and approval by election judges, the challenged voter may proceed to vote with a regular ballot. Even if they cannot produce the necessary documents, challenged voters may still cast a provisional ballot. Id. at 5/18A-5(a)(2).

Provisional Voting

1. Who Can Vote Provisionally?

Illinois allows for provisional voting in any of the following circumstances: (1) If the voter’s name is not on the official voter list at the precinct, and the voter refuses to register; (2) If the voter is challenged and a majority of the election judges uphold the challenge; (3) If the voter did not provide identification when registering to vote by mail and still cannot provide identification by Election Day; (4) If the voter admits receiving a vote-by-mail ballot but has failed to return it to the election authority; (5) If a court order extends voting time and the voter votes in that extra time-period; (6) If the voter’s name is on the list of those who voted during the early voting period, but the voter denies voting during that period; or (7) If the voter attempts to register on Election Day, but doesn’t provide necessary documentation. 10 Ill. Comp. Stat. 5/18A-5(a).

2. Provisional Voting Process

To vote provisionally, an election judge must confirm that the voter’s address is within the voting precinct’s boundaries. 10 Ill. Comp. Stat. 5/18-5(b). If the voter does not reside within the precinct, the election judge is responsible for informing the voter of this and providing the voter with the “appropriate telephone number of the election authority” so that the voter can find the correct precinct. Id. If the voter does reside within the precinct, then the voter continues with the provisional voting process at that precinct. Id.

After the determination of voting precinct, the provisional voter and the election judge must complete a written form that includes the basis for the provisional vote and an affidavit by the voter swearing to be qualified to vote. Id. at (b)(2). Upon completing the form, the voter receives a provisional ballot with instructions for completing it. Id. at (b)(4)–(5).

After the voter fills out and returns the provisional ballot, the election judge then deposits the sealed provisional ballot envelope into a secure container, which is used exclusively for holding sealed provisional ballot envelopes. Id. at (b)(6).

3. Counting Provisional Ballots

The county clerk or city board of elections is responsible for counting provisional ballots within 14 days of Election Day. 10 Ill. Comp. Stat. 5/18A-15(a). In order to be counted, election officials must confirm that the provisional ballot was submitted by a voter in the correct precinct; that the provisional voter’s affidavit contains the voter’s name, address, and signature; and that the provisional voter is a registered voter. Id. at (b)(1)–(5). Provisional voters may check whether or not their ballot was counted (and the reason(s) why) using a “uniform free access information system” established by the State Board of Elections. 10 Ill. Comp. Stat. 5/18A-20.

Early and Absentee Voting

1. General Eligibility

Illinois allows any voter to vote before Election Day either by mail or in person. 10 Ill. Com. Stat. 19A-5(a).

2. Early Absentee Voting Logistics, In-person and by Mail

In-person early voting begins the fortieth day preceding an election and ends the day before Election Day. 10 Ill Com. Stat. 5/19A-15(a). Any person seeking to vote early by personal appearance may do so at any polling place established for early voting. 10. Ill. Comp. Stat. 5/19A-10(a). Election judges must check the signature of the early voter and verify that the voter is registered in the correct precinct. Id. at 19A-35(b). In-person voters must be immediately informed whether the voting equipment accepted or rejected their ballot; deficient ballots may be recast. Id. at 5/19A-35(b-15). Within one day after an early vote is cast, the local election authority transmits the voter’s information to the State Board of Election to update Illinois’ electronic voter database. Ill Comp. Stat. 5/19A-35(b-10).

Counties with populations over 250,000 must have one permanent early-voting polling place in each of the three largest municipalities, and at least two in any municipality with a population larger than 80,000. 10 Ill. Comp. Stat. 5/19A-10(c). Each county with a population over 100,000 but under 250,000 must have at least one permanent early-voting polling place. 10 Ill. Comp. Stat. 5/19A-10(e). State law provides exact hours that in-person polling places must be open, which include Saturday and Sunday hours. Id. at 5/19A-15(b). Locations and hours of early polling places must be published in a newspaper of general circulation, as well as online and at the polling place. Id. at 19A-25.

Early votes also may be cast by mail. 10 Ill. Comp. Stat. 5/19-2. To vote by mail, Illinois voters must contact their local election authority to receive and fill out a mail-in ballot application. 10 Ill. Comp. Stat. 5/19-3. Applications can be filed not earlier than ninety days prior to the election, and not later than five days before the election if applying by mail or the day before the election if applying in person. 10 Ill. Comp. Stat. 5/19-2. Actual delivery of early ballots to voters starts forty days prior to the election. 10 Ill. Comp. Stat. 5/19-4. Ballots cast by mail will be counted if postmarked by Election Day and received within 14 days after the election. 10 Ill. Comp. Stat. 5/19-8(b)–(c).

3. Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) Voters

Illinois also provides early voting accommodations for eligible voters who are on active military duty, their dependents, United States government employees serving outside the territorial limits of the United States, and citizens temporarily residing outside the territorial limits of the United States. 10 Ill. Comp. Stat. 5/20-2.1, -2.2, -2.3. These voters may provide an email address to their local election authority to be used for official communications, including transmission of vote-by-mail ballots and election materials. Id. at 20-1b. Although unvoted ballots may be transmitted to qualifying voters by email or fax, voters must return their voted ballots by mail, postmarked by Election Day and received by election officials by the 14^th day following the election. Id. at 20-2, 20-2.3. Military voters may apply for a vote-by-mail ballot not less than ten days before the election, whereas civilians residing abroad must apply thirty days in advance in order to vote by mail pursuant to the special accommodations for those residing abroad. Id. at 20-2, 20-2.1. The local election authority may process UOCAVA votes received by mail as soon as they are received, but the results of the processing cannot be counted until after 7:00 p.m. on Election Day. Id. at 20-8(a). Should a ballot judge reject a mail-in vote, the election authority must inform the voter of the reason for the rejection within two days and provide the voter an opportunity to remedy the defect. Id. at 20-g(5).

Voting Technology

Illinois uses a mix of both touch-screen and optical-scan ballots. 10 Ill. Comp. Stat. 5/24, 24A, 24B, 24C. The State Board of Elections appoints two experts to approve voting machines. 10 Ill. Comp. Stat. 5/24-3. An approved touch-screen or optical-scan voting system must be accurate, efficient, and safe; provide the voter an opportunity to vote on every candidate and public question for which they are eligible (and prevent them from voting on candidates and questions for which they are not eligible); a counter for votes cast; and have a system for creating a permanent paper record. 10 Ill. Comp. Stat. 5/24, 24A-16, 24C.

The State Board of Elections website maintains a list of voting systems used in all counties at this link.

Polling Place Operations

1. Designation of Polling Place Locations

Each county Board of Election Commissioners is responsible for establishing election precincts within the county and dividing election precincts with more than 800 voters into election districts. 10 Ill. Comp. Stat. 5/11-2. Election precincts must be situated, “[i]nsofar as practicable,” within one congressional, legislative, and representative district, as well as within a single County Board district and one municipal ward. 10 Ill. Comp. Stat. 5/11-2. Within each precinct, the Board of Election Commissioners is responsible for establishing a polling place in the most “public, orderly and convenient” portions of the precinct. Id. at 5/11-4.

2. Election Day Officials

Each polling place has five election judges appointed by the local election authority, responsible for presiding over the polls during the hours the polls are open. 10 Ill. Comp. Stat. 5/13-1; 14-1 No more than three election judges can be from the same political party. Id. In addition to election judges, poll watchers also participate in the election at each polling place. During a general election, each political party and each candidate can appoint two poll watchers per polling place, while each qualifying civic organization can appoint one poll watcher per polling place. 10 Ill. Comp. Stat. 5/17-23..

3. Voting Procedure

On Election Day, polls must open at 6:00 a.m. and remain open until 7:00 p.m. 10 Ill. Comp. Stat. 5/17-1. Election judges in each polling place must maintain a poll list tracking the name of each individual voter who votes in the election. Id. at 5/17-4. Illinois uses electronic poll books to facilitate this process. See Electronic Poll Books, NCSL (Mar. 22, 2017).

When a voter appears in-person to vote on Election Day, election judges check the individual’s name and address against a registration list, mark the voter’s name in the poll list, endorse a ballot with the judge’s initials, and provide the voter the ballot. 10 Ill. Comp. Stat. 5/17-9. Individuals can then proceed to vote. Illinois does not generally require voters to show identification to vote, except for first-time voters required by federal law to establish their identification, and challenged voters. See 10 Ill. Comp. Stat. 5/17-10.

Vote Counting and Recounting

County election authorities have 21 days after the polls close to count the votes and send in an abstract of the voters to the chairs of the county central political parties. 10 Ill. Comp. Stat. 5/22-1. The County Clerk must prepare a certificate of election for the person with the highest total of votes and deliver the certificate to the candidate if requested. 10 Ill. Comp. Stat. 5/22-2. In case of a tie vote, the election will be decided by lot. 10 Ill. Comp. Stat. 5/22-3, 22-12.

Illinois has no provisions for an automatic recount. However, an audit of 5% of the precincts is required, and errors detected by the audit must be corrected before the canvass. 10 Ill. Comp. Stat. 5/24A-15, 24C-15. In addition, a candidate who has received at least 95% of the votes as the winning candidate can initiate a “discovery” process, at a cost of $10 per precinct, to examine ballots and voting equipment and otherwise collect evidence that could be used in an election contest to challenge the outcome. 10 Ill. Comp. Stat. 5/22-9.1. This discovery process alone cannot be used to change the results of an election. Id.; see 10 Ill. Comp. Stat. 5/23.

Post-election Audits

By statute, local election jurisdictions using in-precinct automated or electronic tabulating equipment must conduct post-election audits, overseen by the State Board of Elections. 10 Ill. Comp. Stat. 5/24A-15, 24C-15. The audit must cover at least 5% of the precincts, as well as 5% of the voting equipment used for early voting. Id. The audits must be completed before the canvass, and errors detected by the audit, if correctable, must be corrected before the canvass. Id.

Campaign Finance Regulation

Illinois imposes dollar limits on the amount any person may contribute to a candidate per election cycle. 10 ILCS 5/9-8.5(b), (g). For the 2019-2020 period, candidate committees are able to receive $5,800 from individuals, $11,600 from corporations and labor organizations, and $57,800 from political action committees. See Illinois State Board of Elections, Contribution Limits per Election Cycle, January 1, 2019. All candidates, campaign committees, and political action committees must file regular campaign financing reports with the State Board of Elections. For additional details and resources about Illinois’ campaign finance laws, see the State Board of Election’s Guide to Campaign Disclosure.

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