Student Voting Guide | Illinois

Registration

http://www.elections.state.il.us/ (registration form available online)

The deadline for both in-person and mail voter registration is the 28th day before an election.[1]  Mailed forms must be postmarked by that date.[2]  There is also “grace period” registration, where voters can register in person up to the 7th day before an election, but then must cast a “grace period” vote in person either at the county elections office or at other specially designated “grace period” locations.[3]

Voters who register in person must show two forms of identification, including one with a registration address. Acceptable ID includes, but is not limited to: a driver's license, a Social Security card, public aid identification card, utility bill, employee or student identification card, credit card, or a civic, union or professional association membership card.[4]

You can register to vote if you will be 18 by the next general election.[5]

Residency

Illinois law requires voters to be “permanent residents of” Illinois and the election district in which they want to vote for 30 days preceding an election.[6]  Illinois courts have stated that in order to be a “permanent resident,” a voter needs a “permanent abode” and intent to remain at that abode.[7]  However, more recent interpretations make clear that (1) you do not need an intention “for all time” and (2) if you have two locations that could reasonably be considered your residence, you can choose between them.[8]  

At School. In practice, the state elections division lets students choose whether they want to register at their previous address or at their school address.

At Home. Students who live in Illinois but move to another state for school, and who wish to establish or keep their Illinois voting residency (i.e., at their parents’ address), should have no problem doing so unless they have already registered to vote in another state.  Like all states, Illinois allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you will lose this residency is if you “abandon” it by asserting residency in a new state. While registering to vote in another state is not automatically considered an abandonment of residency in Illinois, some judges or officials might view it as such.

Challenges to Residency. Under Illinois law, if your registration is refused on residency grounds, you have the right to a hearing before the county clerk.  If the clerk again refuses your registration, you can appeal to the state circuit court for your area.[9]  If your eligibility to vote is challenged at the polls on Election Day, you should still be able to cast a regular ballot if you complete a form swearing that you are a resident and provide either two forms of ID with your current address or have a witness who lives in the precinct swear to your residency.[10]  If a majority of the election judges at the polls make a determination that you are not a resident, you are still entitled to cast a provisional ballot.[11]  The provisional ballot will be counted if the county clerk or board of election commissioners determines that you are an eligible voter.  You have the right to provide additional information about your provisional ballot to the clerk or board within two calendar days after the election.[12]

Identification

Only first-time voters who register by mail and do not have their identity verified by the state must provide ID, either when voting in person or by submitting a copy of their ID with their registration form. Valid ID includes current and valid photo identification, or a copy of a current utility bill, bank statement, paycheck, government check, or other government document that shows the person's name and address. [13]   It is up to individual counties to determine whether student IDs, cellular telephone bills, student housing bills, or online printouts of these or other utility bills will count as valid ID.[14]  Those persons without ID can cast a provisional ballot, which will be counted if the elections board determines that it was cast by a registered, eligible voter.[15]

Absentee Voting

Any voter registered in Illinois who expects to be away from her county of registration on Election Day - including those attending school away from their voting address - is entitled to vote by absentee ballot.[16]  Applications for absentee ballots that are mailed-in must be received by the county clerk five days before the election, while absentee ballot applications made in person can be made up to one day before the election.[17]  Some counties allow you to apply for an absentee ballot online.  Students can also get a Temporarily Absent Student Notice from the county clerk, which will allow them to automatically receive absentee ballots for every election they are qualified to vote in for the next 2 years.[18] 

First-time voters who registered by mail and whose identity was not verified by the state must provide a copy of valid ID before they apply for an absentee ballot.[19]

If you mail in your absentee ballot, it must be postmarked by midnight on the day before the election and received within 14 days after the election.[20] 

Early Voting

As a convenience to voters, Illinois has early voting which begins 22 days before an election and ends on the 5th before Election Day.[21]  At early voting sites, you can vote any precinct’s ballot for that county.  If you do not consider your school address to be your permanent address, or if you have not changed your residence yet, then early voting provides an opportunity to vote a ballot at the residence from which you are absent.  You should contact your local elections office for locations and hours.

 

Last Updated in April 2010

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[1] 10 Ill. Comp. Stat. 5/4-6, 5/5-5, 5/6-29 (2010).

[2] 10 Ill. Comp. Stat. 5/1A-16.

[3] 10 Ill. Comp. Stat. 5/4-50, 5/5-50, 5/6-100.

[4] 10 Ill. Comp. Stat. 5/4-10, 5/5-9, 5/6-37.

[5] FairVote, “Voter Age and Registration,” available at http://www.fairvote.org/youth-preregistration-fact-sheet/.

[6] 10 Ill. Comp. Stat. 5/3-1 (2010).

[7] Delk v. Board of Election Commissioners of City of Chicago, 112 Ill. App.3d 735, 738 (1^st Dist. 1983).

[8] People ex rel. Madigan v. Baumgartner, 823 N.E.2d 1144 (Ill. App. Ct. 2005); 1974 Ill. Op. Atty. Gen..293.

[9] 10 Ill. Comp. Stat. 5/4-13 (2010).

[10] 10 Ill. Comp. Stat. 5/17-10.

[11] 10 Ill. Comp. Stat. 5/18A-5.

[12] 10 Ill. Comp. Stat. 5/18A-15.

[13] 10 Ill. Comp. Stat. 5/4-105.

[14] Correspondence with the Illinois Board of Elections (July 23, 2008).

[15] 10 Ill. Comp. Stat. 5/18A-15 (2010).

[16] 10 Ill. Comp. Stat. 5/19-1 (2010).

[17] 10 Ill. Comp. Stat. 5/19-2.

[18] 10 Ill. Comp. Stat. 5/19-12.3 (2010).

[19]10 Ill. Comp. Stat. 5/4-10.

[20]10 Ill. Comp. Stat. 5/19-8.

[21] 10 Ill. Comp. Stat. 5/19A-15.