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| Public Act 094-0288 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 17-8 and 17-11 as follows:
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(10 ILCS 5/17-8) (from Ch. 46, par. 17-8)
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Sec. 17-8. The county clerk shall provide in each polling
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place, so designated or provided a sufficient number of booths, | ||||
which
shall be provided with such supplies and conveniences, | ||||
including
shelves, pens, penholders, ink, blotters and | ||||
pencils, as will enable the
voter to prepare his ballot for | ||||
voting, and in which voters may prepare
their ballots screened | ||||
from all observation as to the manner in which
they do so. They | ||||
shall be within plain view of election officers, and both
they | ||||
and the ballot boxes shall be within plain view of those within | ||||
the
proximity of the voting booths. Each of said booths shall | ||||
have 3 sides
enclosed, one
side in front, to be closed with a | ||||
curtain. Each side of each booth
shall be 6 feet 4 inches and | ||||
the curtain shall extend within 2 feet of
the floor, which | ||||
shall be closed while the voter is preparing his
ballot. Each | ||||
booth shall be at least 32 inches square and shall contain
a | ||||
shelf at least one foot wide, at a convenient height for | ||||
writing. No
person other than the election officers and the | ||||
challengers allowed by
law, and those admitted for the purpose | ||||
of voting as herein provided,
shall be permitted within the | ||||
proximity of the voting booths, (i)
except by authority of the
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election officers to keep order and enforce the law and (ii) | ||||
except that one or more children under the age of 18 may | ||||
accompany their parent or guardian into the voting booth as | ||||
long as a request to do so is made to the election officers | ||||
and, in the sole discretion of the election officers, the child | ||||
or children are not likely to disrupt or interfere with the | ||||
voting process or influence the casting of a vote. The number | ||
of such
voting booths shall not be less than one to every 75 | ||
voters or fraction
thereof who voted at the last preceding | ||
election in the precinct. The
expense of providing booths and | ||
other things required in
this Act shall be paid in the same | ||
manner as other election expenses.
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Where electronic voting systems are used, a booth with a
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self-contained electronic voting device may be used. Each such | ||
booth
shall have 3 sides enclosed and shall be equipped with a | ||
curtain for
closing the front of the booth. The curtain must | ||
extend to within 2
feet of the floor. Each side shall be of | ||
such a height, in no event
less than 5 feet, one inch, as to | ||
insure the secrecy of the voter. Each
booth shall be at least | ||
32 inches square, provided, however, that where
a booth is no | ||
more than 23 inches wide and the sides of such booth
extend | ||
from a point below the device to a height of 5 feet, one inch, | ||
at
the front of the booth, and such booth insures that voters | ||
may prepare
their ballots in secrecy, such booth may be used.
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(Source: P.A. 89-653, eff. 8-14-96.)
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(10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
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Sec. 17-11. On receipt of his ballot the voter shall | ||
forthwith, and
without leaving the inclosed space, retire | ||
alone, or accompanied by children as provided in Section 17-8,
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to one of the voting
booths so provided and shall prepare his | ||
ballot by making in the
appropriate margin or place a cross (X) | ||
opposite the name of the
candidate of his choice for each | ||
office to be filled, or by writing in
the name of the candidate | ||
of his choice in a blank space on said ticket,
making a cross | ||
(X) opposite thereto; and in case of a question submitted
to | ||
the vote of the people, by making in the appropriate margin or | ||
place
a cross (X) against the answer he desires to give. A | ||
cross (X) in the
square in front of the bracket enclosing the | ||
names of a team of
candidates for Governor and Lieutenant | ||
Governor counts as one vote for
each of such candidates. Before | ||
leaving the voting booth the voter shall fold
his
ballot in | ||
such manner as to conceal the marks thereon. He shall then
vote | ||
forthwith in the manner herein provided, except that the number
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corresponding to the number of the voter on the poll books | ||
shall not be
indorsed on the back of his ballot. He shall mark | ||
and deliver his ballot
without undue delay, and shall quit said | ||
inclosed space as soon as he
has voted. No voter shall be | ||
allowed to occupy a voting booth already
occupied by another, | ||
nor remain within said inclosed space more than ten
minutes, | ||
nor to occupy a voting booth more than five minutes in case all
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of said voting booths are in use and other voters waiting to | ||
occupy the
same. No voter not an election officer, shall, after | ||
having voted, be
allowed to re-enter said inclosed space during | ||
said election. No person
shall take or remove any ballot from | ||
the polling place before the close
of the poll. No voter shall | ||
vote or offer to vote any ballot except such
as he has received | ||
from the judges of election in charge of the ballots.
Any voter | ||
who shall, by accident or mistake, spoil his ballot, may, on
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returning said spoiled ballot, receive another in place thereof | ||
only after
the word "spoiled" has been written in ink | ||
diagonally across the entire
face of the ballot returned by the | ||
voter.
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Where voting machines or electronic voting systems are | ||
used, the
provisions of this section may be modified as | ||
required or authorized by
Article 24 or Article 24A, whichever | ||
is applicable.
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(Source: P.A. 89-700, eff. 1-17-97.)
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