Chapter 7. Election Day, While the Polls Are Open

7.E. Ballot Application Station

7.E.3. Challenge, Affidavit, & Additional Identification

A voter may be challenged by an Election Judge or by a legal voter in the Polling Room (including a poll watcher or other authorized observer).

This is the only point in the voting process where a voter may be formally challenged under Illinois law.

  1. All challenges must be for cause.
    • The challenge cannot be based on a vague or undisclosed reason.
    • The challenger should be able to state a specific basis for the challenge.
  2. The challenge must be sustained by an Election Judge before it can proceed.
    • The Election Judge must decide in favor of the challenge for the challenge to proceed.
    • NOTE: At this point the voter, another poll watcher, a credentialed observer, or a legal voter in the Polling Room can request a decision by a majority of the Election Judges representing the voter's precinct
      especially if the challenge was made by an Election Judge.
  3. If the challenge is sustained, then the voter will be asked sign an affidavit provided by the Election Authority which swears or affirms that the voter:
    • Is a citizen of the United States;
    • Is 18 (eighteen) years of age or over;
    • Has resided in Illinois and within the precinct for the 30 (thirty) preceding this election;
    • Has not voted at this election;
    • Is a qualified voter;
    • Is a registered voter who resides at the address that will be written on the affidavit.
  4. Only after the affidavit is signed by the voter may additional identification or proof be requested.
blue thumb  Rule of Thumb

If a voter is challenged, most voters do not know they can document the challenge. This may include:

  • The name and role of the challenger,
  • A brief description of the reason for the challenge,
  • The Election Judges who sustained the challenge, and
  • What identification or proof was provided.

Anything the voter chooses to add to the affidavit becomes part of the official election record and may be reviewed.

Relevant Illinois State Law

Whenever, at any election, in any precinct, any person offering to vote is not personally known to the judges of election to have the qualifications required in this Act, if his vote is challenged by a legal voter at such election, he or she shall make and subscribe an affidavit, in the following form, which shall be retained by the judges of election, and returned by them affixed to the poll books or with the official poll record...

In addition to such an affidavit, the person so challenged shall provide to the judges of election proof of residence by producing two forms of identification showing the person's current residence address, provided that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and postmarked not earlier than 30 days prior to the date of the election, or the person shall procure a witness personally known to the judges of election, and resident in the precinct (or district), or who shall be proved by some legal voter of such precinct or district, known to the judges to be such, who shall take the oath following, viz:

10 ILCS 5/17-10(a)

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