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90_HB0644eng
10 ILCS 5/24A-2 from Ch. 46, par. 24A-2
10 ILCS 5/24A-5 from Ch. 46, par. 24A-5
10 ILCS 5/24A-5.1 from Ch. 46, par. 24A-5.1
10 ILCS 5/24A-5.2 from Ch. 46, par. 24A-5.2
10 ILCS 5/24A-6 from Ch. 46, par. 24A-6
10 ILCS 5/24A-7 from Ch. 46, par. 24A-7
10 ILCS 5/24A-8 from Ch. 46, par. 24A-8
10 ILCS 5/24A-9 from Ch. 46, par. 24A-9
10 ILCS 5/24A-9.1 from Ch. 46, par. 24A-9.1
10 ILCS 5/24A-10.1 from Ch. 46, par. 24A-10.1
10 ILCS 5/24A-15.01 from Ch. 46, par. 24A-15.01
10 ILCS 5/24A-15.1 from Ch. 46, par. 24A-15.1
Amends the Election Code. Provides for the use of
electronic ballot forms on video terminals and data packs for
recording votes by election authorities using electronic
voting systems. Effective immediately.
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1 AN ACT to amend the Election Code by changing Sections
2 24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8, 24A-9,
3 24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Election Code is amended by changing
7 Sections 24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8,
8 24A-9, 24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1 as follows:
9 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
10 Sec. 24A-2. As used in this Article: "Computer",
11 "Automatic tabulating equipment" or "equipment" includes
12 apparatus necessary to automatically examine and count votes
13 as designated on ballots, and data processing machines which
14 can be used for counting ballots and tabulating results.
15 "Ballot card" means a ballot which is voted by the
16 process of punching.
17 "Ballot configuration" means the particular combination
18 of political subdivision ballots including, for each
19 political subdivision, the particular combination of offices,
20 candidate names and ballot position numbers for each
21 candidate and question as it appears for each group of voters
22 who may cast the same ballot.
23 "Ballot labels" means the cards, papers, booklet, pages
24 or other material containing the names of officers and
25 candidates and statements of measures to be voted on.
26 "Ballot sheet" means a paper ballot printed on one or
27 both sides which is (1) designed and prepared so that the
28 voter may indicate his or her votes in designated areas,
29 which must be enclosed areas clearly printed or otherwise
30 delineated for such purpose, and (2) capable of having votes
31 marked in the designated areas automatically examined,
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1 counted, and tabulated by an electronic scanning process.
2 "Ballot" may include ballot cards, ballot labels and
3 paper ballots and electronic ballot forms.
4 "Separate ballot", with respect to ballot sheets, means a
5 separate portion of the ballot sheet in which the color of
6 the ink used in printing that portion of the ballot sheet is
7 distinct from the color of the ink used in printing any other
8 portion of the ballot sheet.
9 "Column" in an electronic voting system which utilizes a
10 ballot card means a space on a ballot card for punching the
11 voter's vote arranged in a row running lengthwise on the
12 ballot card.
13 "Central Counting" means the counting of ballots in one
14 or more locations selected by the election authority for the
15 processing or counting, or both, of ballots. A location for
16 central counting shall be within the territorial jurisdiction
17 of such election authority unless there is no suitable
18 tabulating equipment available within his territorial
19 jurisdiction. However, in any event a counting location shall
20 be within this State.
21 "In-precinct counting" means the counting of ballots on
22 automatic tabulating equipment provided by the election
23 authority in the same precinct polling place in which those
24 ballots have been cast.
25 "Data pack" means an electronic media container upon
26 which electronic data processing instructions and vote
27 results are stored.
28 "Electronic ballot form" means a ballot that may be
29 displayed upon a video terminal screen.
30 "Computer operator" means any person or persons
31 designated by the election authority to operate the automatic
32 tabulating equipment during any portion of the vote tallying
33 process in an election, but shall not include judges of
34 election operating vote tabulating equipment in the precinct.
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1 "Computer program" or "program" means the set of
2 operating instructions for the automatic tabulating equipment
3 by which it examines, counts, tabulates, canvasses and prints
4 votes recorded by a voter on a ballot card or other medium.
5 "Edit listing" means a computer generated listing of the
6 names and ballot position numbers for each candidate and
7 proposition as they appear in the program for each precinct.
8 "Voting System" or "Electronic Voting System" means that
9 combination of equipment and programs used in the casting,
10 examination and tabulation of ballots and the cumulation and
11 reporting of results by electronic means.
12 "Header card" means a data processing card which is coded
13 to indicate to the computer the precinct identity of the
14 ballot cards that will follow immediately and may indicate to
15 the computer how such ballot cards are to be tabulated.
16 "Marking device" means either an apparatus in which
17 ballots or ballot cards are inserted and used in connection
18 with a punch apparatus for the piercing of ballots by the
19 voter, or any approved device for marking a paper ballot with
20 ink or other substance which will enable the ballot to be
21 tabulated by means of automatic tabulating equipment or by an
22 electronic scanning process.
23 "Redundant count" means a verification of the original
24 computer count by another count using compatible equipment or
25 by hand as part of a discovery recount.
26 "Security punch" means a punch placed on a ballot card to
27 identify to the computer program the offices and propositions
28 for which votes may be cast and to indicate the manner in
29 which votes cast should be tabulated while negating any
30 inadmissable votes.
31 (Source: P.A. 86-867.)
32 (10 ILCS 5/24A-5) (from Ch. 46, par. 24A-5)
33 Sec. 24A-5. In precincts where an electronic voting
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1 system is used, a sufficient number of voting booths shall be
2 provided for the use of such systems according to the
3 requirements determined by the State Board of Elections, and
4 the booths shall be arranged in the same manner as provided
5 for use with paper ballots. Each such booth shall be placed
6 so that the entrance to each booth faces a wall in such a
7 manner that no judge of election or pollwatcher is able to
8 observe a voter casting a ballot.
9 Whenever at a primary election at which an electronic
10 voting system is used there is also an election for officers
11 or on propositions in which qualified voters have the right
12 to vote without participating in the primary of any party, a
13 separate voting booth may be provided for those voters who do
14 not wish to participate in the primary of any party. Such
15 determination shall be made by resolution of the county
16 board, municipal board of election commissioners or county
17 board of election commissioners, whichever is applicable.
18 Unless paper ballots or electronic ballot forms are used for
19 such other election, such separate voting booth shall contain
20 a ballot label booklet containing only those officers and
21 propositions on which such voters are entitled to vote.
22 (Source: P.A. 84-659.)
23 (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
24 Sec. 24A-5.1. For the instruction of voters on election
25 day, the election official in charge of the election shall
26 provide at each polling place one instruction-model
27 electronic voting system marking device. Each such
28 instruction-model shall show the arrangement of party rows,
29 office columns and questions. Such model shall be located at
30 a place which voters must pass to reach the official marking
31 device used in the actual casting of votes.
32 Before entering the voting booth each voter shall be
33 offered instruction in the operation of the marking device by
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1 use of the instruction-model and the voter shall be given
2 ample opportunity to operate the model by himself. In
3 instructing voters, no precinct official may show partiality
4 to any political party, and when instructing a voter on how
5 to vote a straight ticket for one political party the
6 precinct official shall at the same time instruct the voter
7 how to vote a straight ticket for any other political party
8 which appears on the ballot label. The duties of instruction
9 shall be discharged by a judge from each of the political
10 parties represented and they shall alternate serving as
11 instructor so that each judge shall serve a like time at such
12 duties. No instructions may be given after the voter has
13 entered the voting booth, except when an electronic ballot
14 form is utilized.
15 When an electronic ballot form is utilized, instruction
16 may be offered on a designated voting terminal, provided (i)
17 the terminal is set to display an instruction mode ballot
18 using fictitious names, parties, and questions of public
19 policy and (ii) a sign is displayed identifying the voting
20 booth in which the instruction terminal is located.
21 No precinct official, or person assisting a voter may in
22 any manner request, suggest, or seek to persuade or induce
23 any voter to cast his vote for any particular ticket,
24 candidate, amendment, question or proposition. All
25 instructions shall be given by precinct officials in such a
26 manner that it may be observed by other persons in the
27 polling place.
28 (Source: P.A. 76-1278.)
29 (10 ILCS 5/24A-5.2) (from Ch. 46, par. 24A-5.2)
30 Sec. 24A-5.2. When an electronic voting system is used in
31 a forthcoming election, the election authority may provide,
32 for the purpose of instructing voters in such election, one
33 demonstrator electronic voting system marking device or
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1 voting terminal for placement in any public library within
2 the political subdivision in which the election occurs. If
3 such placement of a demonstrator takes place it shall be made
4 available at least 30 days before the election.
5 (Source: P.A. 80-1469.)
6 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
7 Sec. 24A-6. The ballot information, whether placed on the
8 ballot or on the marking device, shall, as far as
9 practicable, be in the order of arrangement provided for
10 paper ballots, except that such information may be in
11 vertical or horizontal rows, or in a number of separate
12 pages. Ballots for all questions or propositions to be voted
13 on must be provided in the same manner and must be arranged
14 on the electronic ballot form, on or in the marking device,
15 or on the ballot sheet in the places provided for such
16 purposes. Color distinctions provided by law for paper
17 ballots shall be required of electronic ballot forms.
18 When an electronic voting system utilizes a ballot label
19 booklet and ballot card, ballots for candidates, ballots
20 calling for a constitutional convention, constitutional
21 amendment ballots, judicial retention ballots, public
22 measures, and all propositions to be voted upon may be placed
23 on the electronic voting device by providing in the ballot
24 booklet separate ballot label pages or series of pages
25 distinguished by differing colors as provided below. When an
26 electronic voting system utilizes a ballot sheet, ballots
27 calling for a constitutional convention, constitutional
28 amendment ballots and judicial retention ballots shall be
29 placed on the ballot sheet by providing a separate portion of
30 the ballot sheet for each such kind of ballot which shall be
31 printed in ink of a color distinct from the color of ink used
32 in printing any other portion of the ballot sheet. Ballots
33 for candidates, public measures and all other propositions to
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1 be voted upon shall be placed on the ballot sheet by
2 providing a separate portion of the ballot sheet for each
3 such kind of ballot. Below the name of the last candidate
4 listed for an office shall be printed a line on which the
5 name of a candidate may be written by the voter, and
6 immediately to the left of such line an area shall be
7 provided for marking a vote for such write-in candidate.
8 More than one amendment to the constitution may be placed on
9 the same ballot page or series of pages or on the same
10 portion of the ballot sheet, as the case may be. Ballot
11 label pages for constitutional conventions or constitutional
12 amendments shall be on paper of blue color and shall precede
13 all other ballot label pages in the ballot label booklet.
14 More than one public measure or proposition may be placed on
15 the same ballot label page or series of pages or on the same
16 portion of the ballot sheet, as the case may be. More than
17 one proposition for retention of judges in office may be
18 placed on the same ballot label page or series of pages or on
19 the same portion of the ballot sheet, as the case may be.
20 Ballot label pages for candidates shall be on paper of white
21 color, except that in primary elections the ballot label page
22 or pages for the candidates of each respective political
23 party shall be of the color designated by the election
24 official in charge of the election for that political party's
25 candidates; provided that the ballot label pages or pages for
26 candidates for use at the nonpartisan and consolidated
27 elections may be on paper of different colors, except blue,
28 whenever necessary or desirable to facilitate distinguishing
29 between the pages for different political subdivisions.
30 Except as provided in Section 16-4.1, in elections where
31 provision is made for straight party voting by marking a
32 party circle, the designation of the political parties for
33 straight party voting shall be on a separate page on which no
34 names of candidates shall appear, except no straight party
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1 circle shall be necessary for any special election not
2 conducted on a regularly scheduled election day and called
3 for the purpose of filling a vacancy in the office of
4 representative in the United States Congress. However, such
5 page shall be of the same color as the pages containing the
6 names of candidates for office. On each succeeding page of
7 the candidate booklet, where the election is made to list
8 ballot information vertically, the party affiliation of each
9 candidate or the word "independent" shall appear immediately
10 to the left of the candidate's name, and the name of
11 candidates for the same office shall be listed vertically
12 under the title of that office. In the case of nonpartisan
13 elections for officers of political subdivisions, unless the
14 statute or an ordinance adopted pursuant to Article VII of
15 the Constitution requires otherwise, the listing of such
16 nonpartisan candidates shall not include any party or
17 "independent" designation. Ballot label pages for judicial
18 retention ballots shall be on paper of green color, and
19 ballot label pages for all public measures and other
20 propositions shall be on paper of some other distinct and
21 different color. In primary elections, a separate ballot
22 label booklet, marking device and voting booth shall be used
23 for each political party holding a primary, with the ballot
24 label booklet arranged to include ballot label pages of the
25 candidates of the party and public measures and other
26 propositions to be voted upon on the day of the primary
27 election. One ballot card may be used for recording the
28 voter's vote or choice on all such ballots, proposals, public
29 measures or propositions, and such ballot card shall be
30 arranged so as to record the voter's vote or choice in a
31 separate column or columns for each such kind of ballot,
32 proposal, public measure or proposition.
33 If the ballot label booklet includes both candidates for
34 office and public measures or propositions to be voted on,
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1 the election official in charge of the election shall divide
2 the pages by protruding tabs identifying the division of the
3 pages, and printing on such tabs "Candidates" and
4 "Propositions".
5 The ballot card and all of its columns and, when
6 required, the ballot card envelope shall be of the color
7 prescribed for candidate's ballots at the general or primary
8 election, whichever is being held. At an election where no
9 candidates are being nominated or elected, the ballot card,
10 its columns, and the ballot card envelope shall be of a color
11 designated by the election official in charge of the
12 election.
13 The ballot cards, ballot card envelopes and ballot sheets
14 may, at the discretion of the election authority, be printed
15 on white paper and then striped with the appropriate colors.
16 When ballot sheets are used, the various portions thereof
17 shall be arranged to conform to the foregoing format.
18 Absentee ballots may consist of electronic ballot forms,
19 ballot cards, envelopes, paper ballots or ballot sheets voted
20 in person in the office of the election official in charge of
21 the election or voted by mail. Nothing in this Section shall
22 be construed to authorize absentee voting by electronic
23 ballot forms transmitted by modem. Where a ballot card is
24 used for voting by mail it must be accompanied by a punching
25 tool or other appropriate marking device, voter instructions
26 and a specimen ballot showing the proper positions to vote on
27 the ballot card or ballot sheet for each party, candidate,
28 proposal, public measure or proposition, and in the case of a
29 ballot card must be mounted on a suitable material to receive
30 the punched out chip.
31 Any voter who spoils his ballot or makes an error may
32 return the ballot to the judges of election and secure
33 another. However, the protruding identifying tab for
34 proposals for a constitutional convention or constitutional
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1 amendments shall have printed thereon "Constitutional
2 Ballot", and the ballot label page or pages for such
3 proposals shall precede the ballot label pages for candidates
4 in the ballot label booklet.
5 (Source: P.A. 86-873.)
6 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
7 Sec. 24A-7. A separate write-in ballot, which may be in
8 the form of a paper ballot, card or envelope in which the
9 elector places his ballot card after voting, shall be
10 provided if necessary to permit electors to write in the
11 names of persons whose names are not on the ballot. The
12 ballots, ballot cards and ballot card envelopes may, at the
13 discretion of the election authority, be printed on white
14 paper and then striped with the appropriate colors. When an
15 electronic voting system is used which utilizes a ballot
16 card, each ballot card envelope shall contain the write-in
17 form and information required by Section 16-3 of this Act;
18 except that when an electronic ballot form is utilized, the
19 voting terminal shall contain a write in mode option to allow
20 a voter to write in a name or names equal in number to the
21 names of candidates to be elected for an office on a line or
22 lines below the list of candidates for the office.
23 (Source: P.A. 83-110.)
24 (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
25 Sec. 24A-8. The county clerk or board of election
26 commissioners, as the case may be, shall cause the voting
27 terminals and marking devices to be put in order, set,
28 adjusted and made ready for voting when delivered to the
29 polling places. Before the opening of the polls the judges of
30 election shall compare the ballots used in the marking
31 devices with the specimen ballots furnished and see that the
32 names, numbers and letters thereon agree and shall certify
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1 thereto on forms provided by the county clerk or board of
2 election commissioners, as the case may be.
3 In addition, in those polling places where in-precinct
4 counting equipment is utilized, the judges of election shall
5 make an operational check of the automatic tabulating
6 equipment before the opening of the polls and shall ensure
7 that all zeroes appear on the count column of the voting
8 terminal. A precinct identification card provided by the
9 election authority shall be entered into the automatic
10 tabulating equipment, except when voting terminals are used,
11 to ensure that the totals are all zeroes in the count column
12 on the printing unit.
13 Pollwatchers as provided by law shall be permitted to
14 closely observe the judges in these procedures and to
15 periodically inspect the equipment when not in use by the
16 voters to see that the ballot labels are in proper position
17 and have not been marked upon or mutilated.
18 (Source: P.A. 82-1014.)
19 (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
20 Sec. 24A-9. Prior to the public test, the election
21 authority shall conduct an errorless pre-test of the
22 automatic tabulating equipment and program to ascertain that
23 they will correctly count the votes cast for all offices and
24 all measures. On any day not less than 5 days prior to the
25 election day, the election authority shall publicly test the
26 automatic tabulating equipment and program to ascertain that
27 they will correctly count the votes cast for all offices and
28 on all measures. Public notice of the time and place of the
29 test shall be given at least 48 hours prior thereto by
30 publication once in one or more newspapers published within
31 the election jurisdiction of the election authority if a
32 newspaper is published therein, otherwise in a newspaper of
33 general circulation therein. Timely written notice stating
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1 the date, time and location of the public test shall also be
2 provided to the State Board of Elections. The test shall be
3 open to representatives of the political parties, the press,
4 representatives of the State Board of Elections, and the
5 public. The test shall be conducted by casting a preaudited
6 series of votes on a voting terminal or by processing a
7 preaudited group of ballots cast so punched or marked as to
8 record a predetermined number of valid votes for each
9 candidate and on each measure, and shall include for each
10 office one or more ballots which have votes in excess of the
11 number allowed by law in order to test the ability of the
12 automatic tabulating equipment to reject such votes. Such
13 test shall also include the use of precinct header cards and
14 may include the production of an edit listing. In those
15 election jurisdictions where in-precinct counting equipment
16 is utilized, a public test of both such equipment and program
17 shall be conducted as nearly as possible in the manner
18 prescribed above. The State Board of Elections may select as
19 many election jurisdictions as the Board deems advisable in
20 the interests of the election process of this State in which
21 to order a special test of the automatic tabulating equipment
22 and program prior to any regular election. The Board may
23 order a special test in any election jurisdiction where,
24 during the preceding twelve months, computer programming
25 errors or other errors in the use of electronic voting
26 systems resulted in vote tabulation errors. Not less than 30
27 days prior to any election, the State Board of Elections
28 shall provide written notice to those selected jurisdictions
29 of their intent to conduct a test. Within 5 days of receipt
30 of the State Board of Elections' written notice of intent to
31 conduct a test, the selected jurisdictions shall forward to
32 the principal office of the State Board of Elections a copy
33 of all specimen ballots. The State Board of Elections' tests
34 shall be conducted and completed not less than 2 days prior
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1 to the public test utilizing testing materials supplied by
2 the Board and under the supervision of the Board, and the
3 Board shall reimburse the election authority for the
4 reasonable cost of computer time required to conduct the
5 special test. After an errorless test, materials used in
6 the public test, including the program, if appropriate, shall
7 be sealed and remain so until the test is run again on
8 election day. If any error is detected, the cause therefor
9 shall be ascertained and corrected and an errorless public
10 test shall be made before the automatic tabulating equipment
11 is approved. Each election authority shall file a sealed
12 copy of each tested program to be used within its
13 jurisdiction at an election with the State Board of Elections
14 prior to the election. The Board shall secure the program
15 or programs of each election jurisdiction so filed in its
16 office for the 60 days following the canvass and proclamation
17 of election results. Upon the expiration of that time, if no
18 election contest or appeal therefrom is pending in an
19 election jurisdiction, the Board shall return the sealed
20 program or programs to the election authority of the
21 jurisdiction. Except where in-precinct counting equipment is
22 utilized, the test shall be repeated immediately before the
23 start of the official count of the ballots, in the same
24 manner as set forth above. After the completion of the count,
25 the test shall be re-run using the same program. An election
26 jurisdiction that was employing, as of January 1, 1983, an
27 electronic voting system that, because of its design, is not
28 technically capable of compliance with such a post-tabulation
29 testing requirement shall satisfy the post-tabulation testing
30 requirement by conducting the post-tabulation test on a
31 duplicate program until such electronic voting system is
32 replaced or until November 1, 1992, whichever is earlier.
33 Immediately thereafter the ballots, all material employed in
34 testing the program and the program shall be sealed and
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1 retained under the custody of the election authority for a
2 period of 60 days. At the expiration of that time the
3 election authority shall destroy the voted ballot cards,
4 together with all unused ballots returned from the precincts.
5 Provided, if any contest of election is pending at such time
6 in which such ballots may be required as evidence and such
7 election authority has notice thereof, the same shall not be
8 destroyed until after such contest is finally determined. If
9 the use of back-up equipment becomes necessary, the same
10 testing required for the original equipment shall be
11 conducted.
12 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
13 (10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)
14 Sec. 24A-9.1. Whenever an electronic scanning process is
15 utilized to automatically examine and count the votes on
16 ballot sheets, the provisions of this Section shall apply. A
17 voter shall cast a proper vote on a ballot sheet by making a
18 mark in the designated area for the casting of a vote for any
19 party or candidate or for or against any proposition. For
20 this purpose, except when electronic ballot forms are used, a
21 mark is an intentional darkening of the designated area on
22 the ballot sheet, and shall not be an "X", a check mark, or
23 any other recognizable letter of the alphabet, number, or
24 other symbol that which can be recognized as an identifying
25 mark.
26 Whenever the ballot sheet includes designated areas on
27 both sides, the election authority shall provide an envelope,
28 sleeve or other device to each voter by means of which the
29 voter can deliver the voted ballot sheet to the ballot box
30 without the votes indicated on the ballot sheet being visible
31 to other persons in the polling place.
32 (Source: P.A. 81-1433.)
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1 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
2 Sec. 24A-10.1. In an election jurisdiction where
3 in-precinct counting equipment is utilized, the following
4 procedures for counting and tallying the ballots shall apply:
5 Immediately after the closing of the polls, the absentee
6 ballots delivered to the precinct judges of election by the
7 election authority shall be examined to determine that such
8 ballots comply with Sections 19-9 and 20-9 of this Act and
9 are entitled to be deposited in the ballot box; those
10 entitled to be deposited in the ballot box shall be initialed
11 by the precinct judges of election and deposited in the
12 ballot box. Those not entitled to be deposited in the ballot
13 box shall be marked "Rejected" and disposed of as provided in
14 said Sections 19-9 and 20-9.
15 The precinct judges of election shall open the ballot box
16 and count the number of ballots therein to determine if such
17 number agrees with the number of voters voting as shown by
18 the applications for ballot or, if the same do not agree, the
19 judges of election shall make such ballots agree with the
20 applications for ballot in the manner provided by Section
21 17-18 of this Act. The judges of election shall then examine
22 all ballot cards and ballot card envelopes which are in the
23 ballot box to determine whether the ballot cards and ballot
24 card envelopes contain the initials of a precinct judge of
25 election. If any ballot card or ballot card envelope is not
26 initialed, it shall be marked on the back "Defective",
27 initialed as to such label by all judges immediately under
28 the word "Defective" and not counted. The judges of election
29 shall place an initialed blank official ballot card in the
30 place of the defective ballot card, so that the count of the
31 ballot cards to be counted on the automatic tabulating
32 equipment will be the same, and each "Defective Ballot" card
33 and "Replacement" card shall contain the same serial number
34 which shall be placed thereon by the judges of election,
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1 commencing with number 1 and continuing consecutively for the
2 ballots of that kind in that precinct. The original
3 "Defective" card shall be placed in the "Defective Ballot
4 Envelope" provided for that purpose.
5 When an electronic voting system is used which utilizes a
6 ballot card, before separating the remaining ballot cards
7 from their respective covering envelopes, the judges of
8 election shall examine the ballot card envelopes for write-in
9 votes. When the voter has cast a write-in vote, the judges
10 of election shall compare the write-in vote with the votes on
11 the ballot card to determine whether such write-in results in
12 an overvote for any office. In case of an overvote for any
13 office, the judges of election, consisting in each case of at
14 least one judge of election of each of the 2 major political
15 parties, shall make a true duplicate ballot of all votes on
16 such ballot card except for the office which is overvoted, by
17 using the ballot label booklet of the precinct and one of the
18 marking devices of the precinct so as to transfer all votes
19 of the voter, except for the office overvoted, to a duplicate
20 card. The original ballot card and envelope upon which there
21 is an overvote shall be clearly labeled "Overvoted Ballot",
22 and each such "Overvoted Ballot" as well as its "Replacement"
23 shall contain the same serial number which shall be placed
24 thereon by the judges of election, commencing with number 1
25 and continuing consecutively for the ballots of that kind in
26 that precinct. The "Overvoted Ballot" card and ballot
27 envelope shall be placed in an envelope provided for that
28 purpose labeled "Duplicate Ballot" envelope, and the judges
29 of election shall initial the "Replacement" ballot cards and
30 shall place them with the other ballot cards to be counted on
31 the automatic tabulating equipment. Envelopes containing
32 write-in votes marked in the place designated therefor and
33 containing the initials of a precinct judge of election and
34 not resulting in an overvote and otherwise complying with the
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1 election laws as to marking shall be counted and tallied and
2 their votes recorded on a tally sheet provided by the
3 election authority.
4 The ballot cards and ballot card envelopes shall be
5 separated in preparation for counting by the automatic
6 tabulating equipment provided for that purpose by the
7 election authority.
8 Before the ballots are entered into the automatic
9 tabulating equipment, a precinct identification card provided
10 by the election authority, except when electronic ballot
11 forms are used, shall be entered into the device to ensure
12 that the totals are all zeroes in the count column on the
13 printing unit. When electronic ballot forms are used, a
14 certificate of results showing zero votes shall be generated.
15 A precinct judge of election shall then count the ballots,
16 except when electronic ballot forms are used, by entering
17 each ballot card into the automatic tabulating equipment, and
18 if any ballot or ballot card is damaged or defective so that
19 it cannot properly be counted by the automatic tabulating
20 equipment, the judges of election, consisting in each case of
21 at least one judge of election of each of the 2 major
22 political parties, shall make a true duplicate ballot of all
23 votes on such ballot card by using the ballot label booklet
24 of the precinct and one of the marking devices of the
25 precinct. The original ballot or ballot card and envelope
26 shall be clearly labeled "Damaged Ballot" and the ballot or
27 ballot card so produced shall be clearly labeled "Duplicate
28 Damaged Ballot", and each shall contain the same serial
29 number which shall be placed thereon by the judges of
30 election, commencing with number 1 and continuing
31 consecutively for the ballots of that kind in the precinct.
32 The judges of election shall initial the "Duplicate Damaged
33 Ballot" ballot or ballot cards and shall enter the duplicate
34 damaged cards into the automatic tabulating equipment. The
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1 "Damaged Ballot" cards shall be placed in the "Duplicated
2 Ballots" envelope; after all ballot cards have been
3 successfully read, the judges of election shall check to make
4 certain that the last number printed by the printing unit is
5 the same as the number of voters making application for
6 ballot in that precinct. The number shall be listed on the
7 "Statement of Ballots" form provided by the election
8 authority.
9 The totals for all candidates and propositions shall be
10 tabulated; 4 sets shall be attached to the 4 sets of
11 "Certificate of Results" provided by the election authority;
12 one set shall be posted in a conspicuous place inside the
13 polling place; and every effort shall be made by the judges
14 of election to provide a set for each authorized pollwatcher
15 or other official authorized to be present in the polling
16 place to observe the counting of ballots; but in no case
17 shall the number of sets to be made available to pollwatchers
18 be fewer than 4, chosen by lot by the judges of election. In
19 addition, sufficient time shall be provided by the judges of
20 election to the pollwatchers to allow them to copy
21 information from the set which has been posted.
22 The judges of election shall count all unused ballot
23 cards and enter the number on the "Statement of Ballots".
24 All "Spoiled", "Defective" and "Duplicated" ballot cards
25 shall be counted and the number entered on the "Statement of
26 Ballots".
27 The precinct judges of election shall select a
28 bi-partisan team of 2 judges, who shall immediately return
29 the data packs or ballots in a sealed container, along with
30 all other election materials as instructed by the election
31 authority; provided, however, that such container, if not
32 sealed with a lock that must be broken to remove, must first
33 be sealed by the election judges with filament tape provided
34 for such purpose which shall be wrapped around the container
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1 lengthwise and crosswise, at least twice each way, in such
2 manner that the ballots cannot be removed from such container
3 without breaking the seal and filament tape and disturbing
4 any signatures affixed by the election judges to the
5 container. The election authority shall keep the office of
6 the election authority, or any receiving stations designated
7 by such authority, open for at least 12 consecutive hours
8 after the polls close or until the ballots or data packs from
9 all precincts with in-precinct counting equipment within the
10 jurisdiction of the election authority have been returned to
11 the election authority. Ballots or data packs returned to the
12 office of the election authority which are not signed and
13 sealed as required by law shall not be accepted by the
14 election authority until the judges returning the same make
15 and sign the necessary corrections. Upon acceptance of the
16 ballots or data packs by the election authority, the judges
17 returning the same shall take a receipt signed by the
18 election authority and stamped with the time and date of such
19 return. The election judges whose duty it is to return any
20 ballots or data packs as herein provided shall, in the event
21 such ballots or data packs cannot be found when needed, on
22 proper request, produce the receipt which they are to take as
23 above provided.
24 (Source: P.A. 83-1362.)
25 (10 ILCS 5/24A-15.01) (from Ch. 46, par. 24A-15.01)
26 Sec. 24A-15.01. Upon completion of the tabulation and
27 retabulation of votes pursuant to Sections 24A-11 through
28 24A-15, the ballots, or data packs when voting terminals are
29 used, from each precinct shall be replaced in the container
30 in which they were transported to the central counting
31 station. If such container is not a type which may be
32 securely sealed locked, then each such container - before
33 being transferred from the counting station to storage -
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1 shall be sealed with filament tape wrapped around such
2 container lengthwise and crosswise, at least twice each way,
3 and in such manner that the ballots cannot be removed from
4 the container without breaking the tape.
5 (Source: P.A. 88-45.)
6 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
7 Sec. 24A-15.1. Except as herein provided, discovery
8 recounts and election contests shall be conducted as
9 otherwise provided for in "The Election Code", as amended.
10 The automatic tabulating equipment shall be tested prior to
11 the discovery recount or election contest as provided in
12 Section 24A-9, and then the official ballots or ballot cards
13 shall be recounted on the automatic tabulating equipment. In
14 addition, except when electronic ballot forms are being
15 recounted, (1) the ballot or ballot cards shall be checked
16 for the presence or absence of judges' initials and other
17 distinguishing marks, and (2) the ballots marked "Rejected",
18 "Defective", Objected to" and "Absentee Ballot" shall be
19 examined to determine the propriety of the such labels, and
20 (3) the "Duplicate Absentee Ballots", "Duplicate Overvoted
21 Ballots" and "Duplicate Damaged Ballots" shall be compared
22 with their respective originals to determine the correctness
23 of the duplicates.
24 Any person who has filed a petition for discovery recount
25 may request that a redundant count be conducted in those
26 precincts in which the discovery recount is being conducted.
27 The additional costs of such a redundant count shall be borne
28 by the requesting party.
29 The log of the computer operator and all materials
30 retained by the election authority in relation to vote
31 tabulation and canvass shall be made available for any
32 discovery recount or election contest.
33 (Source: P.A. 82-1014.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.