Public Act 096-1003
 
HB5157 Enrolled LRB096 16466 JAM 31736 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 4. The Election Code is amended by changing Section
17-22 as follows:
 
    (10 ILCS 5/17-22)  (from Ch. 46, par. 17-22)
    Sec. 17-22. The judges of election shall make the tally
sheet and certificate of results in triplicate. If, however,
the number of established political parties, as defined in
Section 10-2, exceeds 2, one additional copy shall be made for
each established political party in excess of 2. One list of
voters, or other proper return with such certificate written
thereon, and accompanying tally sheet footed up so as to show
the correct number of votes cast for each person voted for,
shall be carefully enveloped and sealed up by the judges of
election, 2 of whom (one from each of the 2 major political
parties) shall immediately deliver same to the county clerk, or
his deputy, at the office of the county clerk, or to an
officially designated receiving station established by the
county clerk where a duly authorized representative of the
county clerk shall receive said envelopes for immediate
transmission to the office of county clerk, who shall safely
keep them. The other certificates of results and accompanying
tally sheet shall be carefully enveloped and sealed up and duly
directed, respectively, to the chairman of the county central
committee of each then existing established political party,
and by another of the judges of election deposited immediately
in the nearest United States letter deposit. However, if any
county chairman notifies the county clerk not later than 10
days before the election of his desire to receive the envelope
addressed to him at the point and at the time same are
delivered to the county clerk, his deputy or receiving station
designee the envelopes shall be delivered to such county
chairman or his designee immediately upon receipt thereof by
the county clerk, his deputy or his receiving station designee.
The person or persons so designated by a county chairman shall
sign an official receipt acknowledging receipt of said
envelopes. The poll book and tally list filed with the county
clerk shall be kept one year, and certified copies thereof
shall be evidence in all courts, proceedings and election
contests. Before the returns are sealed up, as aforesaid, the
judges shall compare the tally papers, footings and
certificates and see that they are correct and duplicates of
each other, and certify to the correctness of the same.
    At the nonpartisan and consolidated election elections,
the judges of election shall make a tally sheet and certificate
of results for each political subdivision for which candidates
or public questions are on the ballot at such election, and
shall sign, seal in a marked envelope and deliver them to the
county clerk with the other certificates of results herein
required. Such tally sheets and certificates of results may be
duplicates of the tally sheet and certificate of results
otherwise required by this Section, showing all votes for all
candidates and public questions voted for or upon in the
precinct, or may be on separate forms prepared by the election
authority and showing only those votes cast for candidates and
public questions of each such political subdivision.
    Within 2 days of delivery of complete returns of the
consolidated election and nonpartisan elections, the county
clerk shall transmit an original, sealed tally sheet and
certificate of results from each precinct in his jurisdiction
in which candidates or public questions of a political
subdivision were on the ballot to the local election official
of such political subdivision. Each local election official,
within 24 hours of receipt of all of the tally sheets and
certificates of results for all precincts in which candidates
or public questions of his political subdivision were on the
ballot, shall transmit such sealed tally sheets and
certificates of results to the canvassing board for that
political subdivision.
    In the case of referenda for the formation of a political
subdivision, the tally sheets and certificates of results shall
be transmitted by the county clerk to the circuit court that
ordered the proposition submitted or to the officials
designated by the court to conduct the canvass of votes. In the
case of school referenda for which a regional superintendent of
schools is responsible for the canvass of votes, the county
clerk shall transmit the tally sheets and certificates of
results to the regional superintendent of schools.
    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.
    Only judges appointed under the provisions of subsection
(a) of Section 13-4 or subsection (b) of Section 14-1 may make
any delivery required by this Section from judges of election
to a county clerk, or his or her deputy, at the office of the
county clerk or to a county clerk's duly authorized
representative at the county clerk's officially designated
receiving station.
(Source: P.A. 80-1469.)
 
    (10 ILCS 5/19-12.3 rep.)
    Section 5. The Election Code is amended by repealing
Section 19-12.3.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.