|
||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning elections.
| |||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||
5 | Sections 16-10, 17-16.1, 18-9.1, 19-8, 20-8, 24A-10.1, 24A-15, | |||||||||||||||||||||||||||||||||||||||||||
6 | 24B-6, 24B-10.1, 24B-15, 24C-12, 24C-15, and 28-6 as follows:
| |||||||||||||||||||||||||||||||||||||||||||
7 | (10 ILCS 5/16-10) (from Ch. 46, par. 16-10)
| |||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 16-10. The judges of election shall cause not less | |||||||||||||||||||||||||||||||||||||||||||
9 | than one of
such cards to be posted in each voting booth | |||||||||||||||||||||||||||||||||||||||||||
10 | provided for the
preparation of ballots, and not less than four | |||||||||||||||||||||||||||||||||||||||||||
11 | of such cards to be
posted in and about the polling places upon | |||||||||||||||||||||||||||||||||||||||||||
12 | the day of election. In
every county of not more than 500,000
| |||||||||||||||||||||||||||||||||||||||||||
13 | inhabitants, each election authority shall cause to be | |||||||||||||||||||||||||||||||||||||||||||
14 | published, prior to the
day of any election, in at least two | |||||||||||||||||||||||||||||||||||||||||||
15 | newspapers, if there be so many
published in such county, a | |||||||||||||||||||||||||||||||||||||||||||
16 | list of all the nominations made as in this Act provided and
to | |||||||||||||||||||||||||||||||||||||||||||
17 | be voted for at such election, as near as may be, in the form in
| |||||||||||||||||||||||||||||||||||||||||||
18 | which they shall appear upon the general ballot ; provided that | |||||||||||||||||||||||||||||||||||||||||||
19 | this requirement shall not apply with respect to any | |||||||||||||||||||||||||||||||||||||||||||
20 | consolidated primary for which the local election official is | |||||||||||||||||||||||||||||||||||||||||||
21 | required to make the publication under Section 7-21 .
| |||||||||||||||||||||||||||||||||||||||||||
22 | (Source: P.A. 80-1469.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| ||||||
2 | Sec. 17-16.1. Write-in votes shall be counted only for | ||||||
3 | persons who have
filed notarized declarations of intent to be | ||||||
4 | write-in candidates with
the proper election authority or | ||||||
5 | authorities not later than 61 days prior to
5:00 p.m. on
the
| ||||||
6 | Tuesday immediately preceding the election.
| ||||||
7 | Forms for the declaration of intent to be a write-in | ||||||
8 | candidate shall
be supplied by the election authorities. Such | ||||||
9 | declaration shall specify
the office for which the person seeks | ||||||
10 | election as a write-in candidate.
| ||||||
11 | The election authority or authorities shall deliver a list | ||||||
12 | of all persons
who have filed such declarations to the election | ||||||
13 | judges in the appropriate
precincts prior to the election.
| ||||||
14 | A candidate for whom a nomination paper has been filed as a | ||||||
15 | partisan
candidate at a primary election, and who is defeated | ||||||
16 | for his or her
nomination at the primary election is ineligible | ||||||
17 | to file a declaration of
intent to be a write-in candidate for | ||||||
18 | election in that general or consolidated
election.
| ||||||
19 | A candidate seeking election to an office for which | ||||||
20 | candidates of
political parties are nominated by caucus who is | ||||||
21 | a participant in the
caucus and who is defeated for his or her | ||||||
22 | nomination at such caucus is
ineligible to file a declaration | ||||||
23 | of intent to be a write-in candidate for
election in that | ||||||
24 | general or consolidated election.
| ||||||
25 | A candidate seeking election to an office for which | ||||||
26 | candidates are
nominated at a primary election on a nonpartisan |
| |||||||
| |||||||
1 | basis and who is defeated
for his or her nomination at the | ||||||
2 | primary election is ineligible to file a
declaration of intent | ||||||
3 | to be a write-in candidate for election in that
general or | ||||||
4 | consolidated election.
| ||||||
5 | Nothing in this Section shall be construed to apply to | ||||||
6 | votes
cast under the provisions of subsection (b) of Section | ||||||
7 | 16-5.01.
| ||||||
8 | (Source: P.A. 89-653, eff. 8-14-96.)
| ||||||
9 | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| ||||||
10 | Sec. 18-9.1. Write-in votes shall be counted only for | ||||||
11 | persons who have
filed notarized declarations of intent to be | ||||||
12 | write-in candidates with
the proper election authority or | ||||||
13 | authorities not later than 61 days prior to
5:00 p.m. on
the
| ||||||
14 | Tuesday immediately preceding the election.
| ||||||
15 | Forms for the declaration of intent to be a write-in | ||||||
16 | candidate shall
be supplied by the election authorities. Such | ||||||
17 | declaration shall specify
the office for which the person seeks | ||||||
18 | election as a write-in candidate.
| ||||||
19 | The election authority or authorities shall deliver a list | ||||||
20 | of all persons
who have filed such declarations to the election | ||||||
21 | judges in the appropriate
precincts prior to the election.
| ||||||
22 | A candidate for whom a nomination paper has been filed as a | ||||||
23 | partisan
candidate at a primary election, and who is defeated | ||||||
24 | for his or her
nomination at the primary election, is | ||||||
25 | ineligible to file a declaration of
intent to be a write-in |
| |||||||
| |||||||
1 | candidate for election in that general or
consolidated | ||||||
2 | election.
| ||||||
3 | A candidate seeking election to an office for which | ||||||
4 | candidates of
political parties are nominated by caucus who is | ||||||
5 | a participant in the
caucus and who is defeated for his or her | ||||||
6 | nomination at such caucus is
ineligible to file a declaration | ||||||
7 | of intent to be a write-in candidate for
election in that | ||||||
8 | general or consolidated election.
| ||||||
9 | A candidate seeking election to an office for which | ||||||
10 | candidates are
nominated at a primary election on a nonpartisan | ||||||
11 | basis and who is defeated
for his or her nomination at the | ||||||
12 | primary election is ineligible to file a
declaration of intent | ||||||
13 | to be a write-in candidate for election in that
general or | ||||||
14 | consolidated election.
| ||||||
15 | Nothing in this Section shall be construed to apply to | ||||||
16 | votes
cast under the provisions of subsection (b) of Section | ||||||
17 | 16-5.01.
| ||||||
18 | (Source: P.A. 89-653, eff. 8-14-96.)
| ||||||
19 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
20 | Sec. 19-8. Time and place of counting ballots. | ||||||
21 | (a) (Blank.) | ||||||
22 | (b) Each absent voter's ballot returned to an election | ||||||
23 | authority, by any means authorized by this Article, and | ||||||
24 | received by that election authority before the closing of the | ||||||
25 | polls on election day shall be endorsed by the receiving |
| |||||||
| |||||||
1 | election authority with the day and hour of receipt and shall | ||||||
2 | be counted in the central ballot counting location of the | ||||||
3 | election authority on the day of the election after 7:00 p.m., | ||||||
4 | except as provided in subsections (g) and (g-5).
| ||||||
5 | (c) Each absent voter's ballot that is mailed to an | ||||||
6 | election authority and postmarked by the midnight preceding the | ||||||
7 | opening of the polls on election day, but that is received by | ||||||
8 | the election authority after the polls close on election day | ||||||
9 | and before the close of the period for counting provisional | ||||||
10 | ballots cast at that election, shall be endorsed by the | ||||||
11 | receiving authority with the day and hour of receipt and shall | ||||||
12 | be counted at the central ballot counting location of the | ||||||
13 | election authority during the period for counting provisional | ||||||
14 | ballots. | ||||||
15 | Each absent voter's ballot that is mailed to an election | ||||||
16 | authority absent a postmark, but that is received by the | ||||||
17 | election authority after the polls close on election day and | ||||||
18 | before the close of the period for counting provisional ballots | ||||||
19 | cast at that election, shall be endorsed by the receiving | ||||||
20 | authority with the day and hour of receipt, opened to inspect | ||||||
21 | the date inserted on the certification, and, if the | ||||||
22 | certification date is a date preceding the election day and the | ||||||
23 | ballot is otherwise found to be valid under the requirements of | ||||||
24 | this Section, counted at the central ballot counting location | ||||||
25 | of the election authority during the period for counting | ||||||
26 | provisional ballots. Absent a date on the certification, the |
| |||||||
| |||||||
1 | ballot shall not be counted.
| ||||||
2 | (d) Special write-in absentee voter's blank ballots | ||||||
3 | returned to an election authority, by any means authorized by | ||||||
4 | this Article, and received by the election authority at any | ||||||
5 | time before the closing of the polls on election day shall be | ||||||
6 | endorsed by the receiving election authority with the day and | ||||||
7 | hour of receipt and shall be counted at the central ballot | ||||||
8 | counting location of the election authority during the same | ||||||
9 | period provided for counting absent voters' ballots under | ||||||
10 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
11 | voter's blank ballots that are mailed to an election authority | ||||||
12 | and postmarked by the midnight preceding the opening of the | ||||||
13 | polls on election day, but that are received by the election | ||||||
14 | authority after the polls close on election day and before the | ||||||
15 | closing of the period for counting provisional ballots cast at | ||||||
16 | that election, shall be endorsed by the receiving authority | ||||||
17 | with the day and hour of receipt and shall be counted at the | ||||||
18 | central ballot counting location of the election authority | ||||||
19 | during the same periods provided for counting absent voters' | ||||||
20 | ballots under subsection (c). | ||||||
21 | (e) Except as otherwise provided in this Section, absent | ||||||
22 | voters' ballots and special write-in absentee voter's blank | ||||||
23 | ballots received by the election authority after the closing of | ||||||
24 | the polls on an
election day shall be endorsed by the election | ||||||
25 | authority receiving them
with the day and hour of receipt and | ||||||
26 | shall be safely kept unopened by the
election authority for the |
| |||||||
| |||||||
1 | period of time required for the preservation of
ballots used at | ||||||
2 | the election, and shall then, without being opened, be
| ||||||
3 | destroyed in like manner as the used ballots of that election.
| ||||||
4 | (f) Counting required under this Section to begin on | ||||||
5 | election day after the closing of the polls shall commence no | ||||||
6 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
7 | panels of election judges appointed in the manner provided
by | ||||||
8 | law. The counting shall continue until all absent voters' | ||||||
9 | ballots and special write-in absentee voter's blank ballots | ||||||
10 | required to be counted on election day have been counted.
| ||||||
11 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
12 | Code shall apply to all ballots counted under
this Section. In | ||||||
13 | addition, within 2 days after an absentee ballot, other than an | ||||||
14 | in-person absentee ballot, is received, but in all cases before | ||||||
15 | the close of the period for counting provisional ballots, the | ||||||
16 | election judge or official shall compare the voter's signature | ||||||
17 | on the certification envelope of that absentee ballot with the | ||||||
18 | signature of the voter on file in the office of the election | ||||||
19 | authority. If the election judge or official determines that | ||||||
20 | the 2 signatures match, and that the absentee voter is | ||||||
21 | otherwise qualified to cast an absentee ballot, the election | ||||||
22 | authority shall cast and count the ballot on election day or | ||||||
23 | the day the ballot is determined to be valid, whichever is | ||||||
24 | later, adding the results to the precinct in which the voter is | ||||||
25 | registered. If the election judge or official determines that | ||||||
26 | the signatures do not match, or that the absentee voter is not |
| |||||||
| |||||||
1 | qualified to cast an absentee ballot, then without opening the | ||||||
2 | certification envelope, the judge or official shall mark across | ||||||
3 | the face of the certification envelope the word "Rejected" and | ||||||
4 | shall not cast or count the ballot. | ||||||
5 | In addition to the voter's signatures not matching, an | ||||||
6 | absentee ballot may be rejected by the election judge or | ||||||
7 | official: | ||||||
8 | (1) if the ballot envelope is open or has been opened | ||||||
9 | and resealed; | ||||||
10 | (2) if the voter has already cast an early or grace | ||||||
11 | period ballot; | ||||||
12 | (3) if the voter voted in person on election day or the | ||||||
13 | voter is not a duly registered voter in the precinct; or | ||||||
14 | (4) on any other basis set forth in this Code. | ||||||
15 | If the election judge or official determines that any of | ||||||
16 | these reasons apply, the judge or official shall mark across | ||||||
17 | the face of the certification envelope the word "Rejected" and | ||||||
18 | shall not cast or count the ballot.
| ||||||
19 | (g-5) If an absentee ballot, other than an in-person | ||||||
20 | absentee ballot, is rejected by the election judge or official | ||||||
21 | for any reason, the election authority shall, within 2 days | ||||||
22 | after the rejection but in all cases before the close of the | ||||||
23 | period for counting provisional ballots, notify the absentee | ||||||
24 | voter that his or her ballot was rejected. The notice shall | ||||||
25 | inform the voter of the reason or reasons the ballot was | ||||||
26 | rejected and shall state that the voter may appear before the |
| |||||||
| |||||||
1 | election authority, on or before the 14th day after the | ||||||
2 | election, to show cause as to why the ballot should not be | ||||||
3 | rejected. The voter may present evidence to the election | ||||||
4 | authority supporting his or her contention that the ballot | ||||||
5 | should be counted. The election authority shall appoint a panel | ||||||
6 | of 3 election judges to review the contested ballot, | ||||||
7 | application, and certification envelope, as well as any | ||||||
8 | evidence submitted by the absentee voter. No more than 2 | ||||||
9 | election judges on the reviewing panel shall be of the same | ||||||
10 | political party. The reviewing panel of election judges shall | ||||||
11 | make a final determination as to the validity of the contested | ||||||
12 | absentee ballot. The judges' determination shall not be | ||||||
13 | reviewable either administratively or judicially. | ||||||
14 | An absentee ballot subject to this subsection that is | ||||||
15 | determined to be valid shall be counted before the close of the | ||||||
16 | period for counting provisional ballots.
| ||||||
17 | (g-10) All absentee ballots determined to be valid shall be | ||||||
18 | added to the vote totals for the precincts for which they were | ||||||
19 | cast in the order in which the ballots were opened.
| ||||||
20 | (h) Each political party, candidate, and qualified civic | ||||||
21 | organization shall be entitled to have present one pollwatcher | ||||||
22 | for each panel of election judges therein assigned.
| ||||||
23 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| ||||||
24 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
25 | Sec. 20-8. Time and place of counting ballots. |
| |||||||
| |||||||
1 | (a) (Blank.) | ||||||
2 | (b) Each absent voter's ballot returned to an election | ||||||
3 | authority, by any means authorized by this Article, and | ||||||
4 | received by that election authority before the closing of the | ||||||
5 | polls on election day shall be endorsed by the receiving | ||||||
6 | election authority with the day and hour of receipt and shall | ||||||
7 | be counted in the central ballot counting location of the | ||||||
8 | election authority on the day of the election after 7:00 p.m., | ||||||
9 | except as provided in subsections (g) and (g-5).
| ||||||
10 | (c) Each absent voter's ballot that is mailed to an | ||||||
11 | election authority and postmarked by the midnight preceding the | ||||||
12 | opening of the polls on election day, but that is received by | ||||||
13 | the election authority after the polls close on election day | ||||||
14 | and before the close of the period for counting provisional | ||||||
15 | ballots cast at that election, shall be endorsed by the | ||||||
16 | receiving authority with the day and hour of receipt and shall | ||||||
17 | be counted at the central ballot counting location of the | ||||||
18 | election authority during the period for counting provisional | ||||||
19 | ballots. | ||||||
20 | Each absent voter's ballot that is mailed to an election | ||||||
21 | authority absent a postmark, but that is received by the | ||||||
22 | election authority after the polls close on election day and | ||||||
23 | before the close of the period for counting provisional ballots | ||||||
24 | cast at that election, shall be endorsed by the receiving | ||||||
25 | authority with the day and hour of receipt, opened to inspect | ||||||
26 | the date inserted on the certification, and, if the |
| |||||||
| |||||||
1 | certification date is a date preceding the election day and the | ||||||
2 | ballot is otherwise found to be valid under the requirements of | ||||||
3 | this Section, counted at the central ballot counting location | ||||||
4 | of the election authority during the period for counting | ||||||
5 | provisional ballots. Absent a date on the certification, the | ||||||
6 | ballot shall not be counted.
| ||||||
7 | (d) Special write-in absentee voter's blank ballots | ||||||
8 | returned to an election authority, by any means authorized by | ||||||
9 | this Article, and received by the election authority at any | ||||||
10 | time before the closing of the polls on election day shall be | ||||||
11 | endorsed by the receiving election authority with the day and | ||||||
12 | hour of receipt and shall be counted at the central ballot | ||||||
13 | counting location of the election authority during the same | ||||||
14 | period provided for counting absent voters' ballots under | ||||||
15 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
16 | voter's blank ballot that are mailed to an election authority | ||||||
17 | and postmarked by midnight preceding the opening of the polls | ||||||
18 | on election day, but that are received by the election | ||||||
19 | authority after the polls close on election day and before the | ||||||
20 | closing of the period for counting provisional ballots cast at | ||||||
21 | that election, shall be endorsed by the receiving authority | ||||||
22 | with the day and hour of receipt and shall be counted at the | ||||||
23 | central ballot counting location of the election authority | ||||||
24 | during the same periods provided for counting absent voters' | ||||||
25 | ballots under subsection (c).
| ||||||
26 | (e) Except as otherwise provided in this Section, absent |
| |||||||
| |||||||
1 | voters' ballots and special write-in absentee voter's blank | ||||||
2 | ballots received by the election authority after the closing of | ||||||
3 | the polls on the day of election shall be
endorsed by the | ||||||
4 | person receiving the ballots with the day and hour of
receipt | ||||||
5 | and shall be safely kept unopened by the election authority for
| ||||||
6 | the period of time required for the preservation of ballots | ||||||
7 | used at the
election, and shall then, without being opened, be | ||||||
8 | destroyed in like
manner as the used ballots of that election.
| ||||||
9 | (f) Counting required under this Section to begin on | ||||||
10 | election day after the closing of the polls shall commence no | ||||||
11 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
12 | panels of election judges appointed in the manner provided
by | ||||||
13 | law. The counting shall continue until all absent voters' | ||||||
14 | ballots and special write-in absentee voter's blank ballots | ||||||
15 | required to be counted on election day have been counted.
| ||||||
16 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
17 | Code shall apply to all ballots counted under
this Section. In | ||||||
18 | addition, within 2 days after a ballot subject to this Article | ||||||
19 | is received, but in all cases before the close of the period | ||||||
20 | for counting provisional ballots, the election judge or | ||||||
21 | official shall compare the voter's signature on the | ||||||
22 | certification envelope of that ballot with the signature of the | ||||||
23 | voter on file in the office of the election authority. If the | ||||||
24 | election judge or official determines that the 2 signatures | ||||||
25 | match, and that the voter is otherwise qualified to cast a | ||||||
26 | ballot under this Article, the election authority shall cast |
| |||||||
| |||||||
1 | and count the ballot on election day or the day the ballot is | ||||||
2 | determined to be valid, whichever is later, adding the results | ||||||
3 | to the precinct in which the voter is registered. If the | ||||||
4 | election judge or official determines that the signatures do | ||||||
5 | not match, or that the voter is not qualified to cast a ballot | ||||||
6 | under this Article, then without opening the certification | ||||||
7 | envelope, the judge or official shall mark across the face of | ||||||
8 | the certification envelope the word "Rejected" and shall not | ||||||
9 | cast or count the ballot. | ||||||
10 | In addition to the voter's signatures not matching, a | ||||||
11 | ballot subject to this Article may be rejected by the election | ||||||
12 | judge or official: | ||||||
13 | (1) if the ballot envelope is open or has been opened | ||||||
14 | and resealed; | ||||||
15 | (2) if the voter has already cast an early or grace | ||||||
16 | period ballot; | ||||||
17 | (3) if the voter voted in person on election day or the | ||||||
18 | voter is not a duly registered voter in the precinct; or | ||||||
19 | (4) on any other basis set forth in this Code. | ||||||
20 | If the election judge or official determines that any of | ||||||
21 | these reasons apply, the judge or official shall mark across | ||||||
22 | the face of the certification envelope the word "Rejected" and | ||||||
23 | shall not cast or count the ballot. | ||||||
24 | (g-5) If a ballot subject to this Article is rejected by | ||||||
25 | the election judge or official for any reason, the election | ||||||
26 | authority shall, within 2 days after the rejection but in all |
| |||||||
| |||||||
1 | cases before the close of the period for counting provisional | ||||||
2 | ballots, notify the voter that his or her ballot was rejected. | ||||||
3 | The notice shall inform the voter of the reason or reasons the | ||||||
4 | ballot was rejected and shall state that the voter may appear | ||||||
5 | before the election authority, on or before the 14th day after | ||||||
6 | the election, to show cause as to why the ballot should not be | ||||||
7 | rejected. The voter may present evidence to the election | ||||||
8 | authority supporting his or her contention that the ballot | ||||||
9 | should be counted. The election authority shall appoint a panel | ||||||
10 | of 3 election judges to review the contested ballot, | ||||||
11 | application, and certification envelope, as well as any | ||||||
12 | evidence submitted by the absentee voter. No more than 2 | ||||||
13 | election judges on the reviewing panel shall be of the same | ||||||
14 | political party. The reviewing panel of election judges shall | ||||||
15 | make a final determination as to the validity of the contested | ||||||
16 | ballot. The judges' determination shall not be reviewable | ||||||
17 | either administratively or judicially. | ||||||
18 | A ballot subject to this subsection that is determined to | ||||||
19 | be valid shall be counted before the close of the period for | ||||||
20 | counting provisional ballots. | ||||||
21 | (g-10) All ballots determined to be valid shall be added to | ||||||
22 | the vote totals for the precincts for which they were cast in | ||||||
23 | the order in which the ballots were opened.
| ||||||
24 | (h) Each political party,
candidate, and qualified civic | ||||||
25 | organization shall be entitled to have
present one pollwatcher | ||||||
26 | for each panel of election judges therein assigned.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| ||||||
2 | (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| ||||||
3 | Sec. 24A-10.1. In an election jurisdiction where | ||||||
4 | in-precinct counting
equipment is utilized, the following | ||||||
5 | procedures for counting and
tallying the ballots shall apply:
| ||||||
6 | Immediately after the closing of the polls, the precinct | ||||||
7 | judges of election shall open the ballot box and count the
| ||||||
8 | number of ballots therein
to determine if such number agrees | ||||||
9 | with the number of voters voting as shown
by the applications | ||||||
10 | for ballot or, if the same do not agree, the judges
of election | ||||||
11 | shall make such ballots agree with the applications for ballot
| ||||||
12 | in the manner provided by Section 17-18 of this Act.
The judges | ||||||
13 | of election shall then examine all ballot cards and ballot card
| ||||||
14 | envelopes which are in the ballot box to determine whether the | ||||||
15 | ballot cards
and ballot card envelopes contain the initials of | ||||||
16 | a precinct judge of
election. If any ballot card or ballot card | ||||||
17 | envelope is not initialed, it
shall be marked on the back | ||||||
18 | "Defective", initialed as to such label by all
judges | ||||||
19 | immediately under the word "Defective" and not counted. The | ||||||
20 | judges of
election shall place an initialed blank official | ||||||
21 | ballot card in the place of
the defective ballot card, so that | ||||||
22 | the count of the ballot cards to be counted
on the automatic | ||||||
23 | tabulating equipment will be the same, and each "Defective
| ||||||
24 | Ballot" card and "Replacement" card shall contain the same | ||||||
25 | serial number
which shall be placed thereon by the judges of |
| |||||||
| |||||||
1 | election, commencing with
number 1 and continuing | ||||||
2 | consecutively for the ballots of that kind in that
precinct. | ||||||
3 | The original "Defective" card shall be placed in the "Defective
| ||||||
4 | Ballot 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 from | ||||||
7 | their respective covering
envelopes, the judges of election | ||||||
8 | shall examine the ballot card envelopes
for write-in votes. | ||||||
9 | When the voter has cast a write-in vote, the judges
of election | ||||||
10 | shall compare the write-in vote with the votes on the ballot
| ||||||
11 | card to determine whether such write-in results in an overvote | ||||||
12 | for any office.
In case of an overvote for any office, the | ||||||
13 | judges of election, consisting
in each case of at least
one | ||||||
14 | judge of election of each of the 2 major political parties, | ||||||
15 | shall make
a true duplicate ballot of all votes on such ballot | ||||||
16 | card except for the
office which is overvoted, by using the | ||||||
17 | ballot label booklet of the precinct
and one of the marking | ||||||
18 | devices of the precinct so as to transfer all votes
of the | ||||||
19 | voter, except for the office overvoted, to a duplicate card. | ||||||
20 | The
original ballot card and envelope upon which there is an | ||||||
21 | overvote shall
be clearly labeled
"Overvoted Ballot", and each | ||||||
22 | such "Overvoted Ballot" as well as its
"Replacement" shall | ||||||
23 | contain the same serial number which shall be placed thereon by | ||||||
24 | the
judges of election, commencing with number 1 and continuing | ||||||
25 | consecutively
for the ballots of that kind in that precinct.
| ||||||
26 | The "Overvoted Ballot" card and ballot envelope shall be placed |
| |||||||
| |||||||
1 | in an envelope
provided for that purpose labeled "Duplicate | ||||||
2 | Ballot" envelope, and the judges
of election shall initial the | ||||||
3 | "Replacement" ballot
cards and shall place them with the other | ||||||
4 | ballot cards to be counted on
the automatic tabulating
| ||||||
5 | equipment. Envelopes containing write-in votes marked in the | ||||||
6 | place designated
therefor and containing the initials of a | ||||||
7 | precinct judge of election and
not resulting in an overvote and | ||||||
8 | otherwise complying with the election laws
as to marking shall | ||||||
9 | be counted and tallied and their votes recorded on a
tally | ||||||
10 | sheet provided by the election authority.
| ||||||
11 | The ballot cards and ballot card envelopes shall be | ||||||
12 | separated in preparation
for counting by the automatic | ||||||
13 | tabulating equipment provided for that
purpose by the election | ||||||
14 | authority.
| ||||||
15 | Before the ballots are entered into the automatic | ||||||
16 | tabulating
equipment, a precinct identification card provided | ||||||
17 | by the election authority
shall be entered into the device to | ||||||
18 | ensure that the totals are all zeroes
in the count column on | ||||||
19 | the printing unit. A precinct judge of election
shall then | ||||||
20 | count the ballots
by entering each ballot card into the | ||||||
21 | automatic tabulating
equipment, and if any ballot or ballot | ||||||
22 | card is damaged or defective so that
it cannot properly be | ||||||
23 | counted by the automatic tabulating equipment, the
judges of | ||||||
24 | election, consisting in each case of at least one judge of | ||||||
25 | election
of each of the
2 major political parties, shall make a | ||||||
26 | true duplicate ballot of all votes
on such ballot card by using |
| |||||||
| |||||||
1 | the ballot label booklet of the precinct and
one of the marking | ||||||
2 | devices of the precinct. The original ballot or ballot
card and | ||||||
3 | envelope shall be clearly labeled "Damaged Ballot" and the | ||||||
4 | ballot
or ballot card so produced shall be clearly labeled | ||||||
5 | "Duplicate Damaged Ballot",
and each shall contain the same | ||||||
6 | serial number which shall be placed
thereon by the judges of | ||||||
7 | election, commencing with number 1 and continuing
| ||||||
8 | consecutively for the ballots of
that kind in the precinct. The | ||||||
9 | judges of election shall initial the "Duplicate
Damaged Ballot" | ||||||
10 | ballot or ballot cards and shall enter the
duplicate damaged | ||||||
11 | cards into the automatic tabulating equipment. The "Damaged
| ||||||
12 | Ballot" cards
shall be placed in the "Duplicated Ballots" | ||||||
13 | envelope; after all ballot cards
have been successfully read, | ||||||
14 | the judges of election shall check to make certain that
the | ||||||
15 | last number printed by the printing unit is the same as the | ||||||
16 | number of
voters making application for ballot in that | ||||||
17 | precinct.
The number shall be listed on the "Statement of | ||||||
18 | Ballots" form provided by
the election authority.
| ||||||
19 | The totals for all candidates and propositions shall be | ||||||
20 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
21 | generated by the automatic tabulating equipment for return to | ||||||
22 | the election authority. One copy of an "In-Precinct Totals | ||||||
23 | Report" shall be generated and posted in a conspicuous place | ||||||
24 | inside the polling place, provided that any authorized | ||||||
25 | pollwatcher or other official authorized to be present in the | ||||||
26 | polling place to observe the counting of ballots is present.
|
| |||||||
| |||||||
1 | The totals for all candidates and propositions shall be | ||||||
2 | tabulated; 4 sets
shall be attached to the 4 sets of | ||||||
3 | "Certificate of Results" provided by
the election authority; | ||||||
4 | one set shall be posted in a conspicuous place inside
the | ||||||
5 | polling place; and every effort shall be made by the judges of | ||||||
6 | election
to provide a set for each authorized pollwatcher or | ||||||
7 | other official authorized
to be present in the polling place to | ||||||
8 | observe the counting of ballots; but
in no case shall the | ||||||
9 | number of sets to be made available to pollwatchers
be fewer | ||||||
10 | than 4, chosen by lot by the judges of election. In addition,
| ||||||
11 | sufficient
time shall be provided by the judges of election to | ||||||
12 | the pollwatchers to
allow them to copy information from the set | ||||||
13 | which has been posted.
| ||||||
14 | The judges of election shall count all unused ballot cards | ||||||
15 | and enter the
number on the "Statement of Ballots". All | ||||||
16 | "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | ||||||
17 | counted and the number entered on the
"Statement of Ballots".
| ||||||
18 | The precinct judges of election shall select a bi-partisan | ||||||
19 | team of 2 judges,
who shall immediately return the ballots in a | ||||||
20 | sealed container, along with
all other election materials as | ||||||
21 | instructed by the election authority;
provided, however, that | ||||||
22 | such container must first be sealed by the election
judges with | ||||||
23 | filament tape provided for such purpose which shall be wrapped
| ||||||
24 | around the container lengthwise and crosswise, at least twice | ||||||
25 | each way, in
such manner that the ballots cannot be removed | ||||||
26 | from such container without
breaking the seal and filament tape |
| |||||||
| |||||||
1 | and disturbing any signatures affixed
by the election judges to | ||||||
2 | the container. The election authority shall keep
the office of | ||||||
3 | the election authority, or any receiving stations designated
by | ||||||
4 | such authority, open for at least 12 consecutive hours after | ||||||
5 | the polls
close or until the ballots from all precincts with | ||||||
6 | in-precinct counting
equipment within the jurisdiction of the | ||||||
7 | election authority have been
returned to the election | ||||||
8 | authority. Ballots returned to the office of the
election | ||||||
9 | authority which are not signed and sealed as required by law | ||||||
10 | shall
not be accepted by the election authority until the | ||||||
11 | judges returning the
same make and sign the necessary | ||||||
12 | corrections. Upon acceptance of the ballots
by the election | ||||||
13 | authority, the judges returning the same shall take a
receipt | ||||||
14 | signed by the election authority and stamped with the time and | ||||||
15 | date
of such return. The election judges whose duty it is to | ||||||
16 | return any ballots
as herein provided shall, in the event such | ||||||
17 | ballots cannot be found when
needed, on proper request, produce | ||||||
18 | the receipt which they are to take as above provided.
| ||||||
19 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| ||||||
20 | (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| ||||||
21 | Sec. 24A-15. The precinct return printed by the automatic | ||||||
22 | tabulating
equipment shall include the number of ballots cast
| ||||||
23 | and votes cast for each candidate and proposition and shall | ||||||
24 | constitute the
official return of each precinct. In addition to | ||||||
25 | the precinct return, the
election authority shall provide the |
| |||||||
| |||||||
1 | number of applications for ballots
in each precinct, the | ||||||
2 | write-in votes, the total number of ballots counted in
each | ||||||
3 | precinct for each political subdivision and district and the | ||||||
4 | number
of registered voters in each precinct. However, the | ||||||
5 | election authority
shall check the totals shown by the precinct | ||||||
6 | return and, if there is an
obvious discrepancy with respect to | ||||||
7 | the total number of votes cast in any
precinct, shall have the | ||||||
8 | ballots for such precinct retabulated to correct
the return. | ||||||
9 | The procedures for retabulation shall apply prior to and
after | ||||||
10 | the proclamation is completed; however, after the proclamation | ||||||
11 | of
results, the election authority must obtain a court order to | ||||||
12 | unseal voted
ballots except for election contests and discovery | ||||||
13 | recounts.
In those election jurisdictions that utilize | ||||||
14 | in-precinct counting
equipment, the certificate of results, | ||||||
15 | which has been prepared by the
judges of election in the | ||||||
16 | polling place after the ballots have been
tabulated, shall be | ||||||
17 | the document used for the canvass of votes for such
precinct. | ||||||
18 | Whenever a discrepancy exists during the canvass of votes
| ||||||
19 | between the unofficial results and the certificate of results, | ||||||
20 | or whenever
a discrepancy exists during the canvass of votes | ||||||
21 | between the certificate of
results and the set of totals which | ||||||
22 | has been affixed to such certificate of
results, the ballots | ||||||
23 | for such precinct shall be retabulated to correct the
return. | ||||||
24 | As an additional part of this check prior to the proclamation, | ||||||
25 | in
those jurisdictions where in-precinct counting equipment is | ||||||
26 | utilized, the
election authority shall retabulate the total |
| |||||||
| |||||||
1 | number of votes cast in 5% of
the precincts within the election | ||||||
2 | jurisdiction. The precincts to be
retabulated shall be selected | ||||||
3 | after election day on a random basis by the
State Board of | ||||||
4 | Elections, so that every precinct in the election jurisdiction | ||||||
5 | has
an equal mathematical chance of being selected. The State | ||||||
6 | Board of
Elections shall design a standard and scientific | ||||||
7 | random method of selecting
the precincts which are to be | ||||||
8 | retabulated. The State central committee
chairman of each | ||||||
9 | established political party shall be given prior written notice | ||||||
10 | of the time and place of
such random selection procedure and | ||||||
11 | may be represented at such procedure.
Such retabulation shall | ||||||
12 | consist of counting the ballot cards which were
originally | ||||||
13 | counted and shall not involve any determination as to which
| ||||||
14 | ballot cards were, in fact, properly counted. The ballots from | ||||||
15 | the
precincts selected for such retabulation shall remain at | ||||||
16 | all times under
the custody and control of the election | ||||||
17 | authority and shall be transported
and retabulated by the | ||||||
18 | designated staff of the election authority.
| ||||||
19 | As part of such retabulation, the election authority shall | ||||||
20 | test the
computer program in the selected precincts. Such test
| ||||||
21 | shall be conducted by processing a preaudited group of ballots | ||||||
22 | so punched
so as to record a predetermined number of valid | ||||||
23 | votes for each candidate
and on each public question, and shall | ||||||
24 | include for each office one or more
ballots which have votes in | ||||||
25 | excess of the number allowed by law in order
to test the | ||||||
26 | ability of the equipment to reject such votes. If any error
is |
| |||||||
| |||||||
1 | detected, the cause therefor shall be ascertained and corrected | ||||||
2 | and an
errorless count shall be made prior to the official | ||||||
3 | canvass and proclamation
of election results.
| ||||||
4 | The State Board of Elections, the State's Attorney and | ||||||
5 | other appropriate
law enforcement agencies, the county | ||||||
6 | chairman of each established political
party and qualified | ||||||
7 | civic organizations shall be given prior written notice
of the | ||||||
8 | time and place of such retabulation and may be represented at | ||||||
9 | such
retabulation.
| ||||||
10 | The results of this retabulation shall be treated in the | ||||||
11 | same manner and
have the same effect as the results of the | ||||||
12 | discovery procedures set forth
in Section 22-9.1 of this Act. | ||||||
13 | Upon completion of the retabulation, the
election authority | ||||||
14 | shall print a comparison of the results of the
retabulation | ||||||
15 | with the original precinct return printed by the automatic
| ||||||
16 | tabulating equipment. Such comparison shall be done for each | ||||||
17 | precinct and
for each office voted upon within that precinct, | ||||||
18 | and the comparisons shall
be open to the public.
| ||||||
19 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
20 | (10 ILCS 5/24B-6)
| ||||||
21 | Sec. 24B-6. Ballot Information; Arrangement; Electronic | ||||||
22 | Precinct
Tabulation Optical Scan Technology Voting System; | ||||||
23 | Absentee
Ballots; Spoiled Ballots. The ballot information, | ||||||
24 | shall, as far
as practicable, be in the order of arrangement | ||||||
25 | provided for paper
ballots, except that the information may be |
| |||||||
| |||||||
1 | in vertical or
horizontal rows, or on a number of separate | ||||||
2 | pages or displays on the marking
device. Ballots for
all | ||||||
3 | questions or propositions to be voted on should be provided
in | ||||||
4 | a similar manner and must be arranged on the ballot sheet or | ||||||
5 | marking
device in
the places provided for such purposes. | ||||||
6 | Ballots shall be of white
paper unless provided otherwise by | ||||||
7 | administrative rule of the State Board of
Elections or | ||||||
8 | otherwise specified.
| ||||||
9 | All propositions, including but not limited to | ||||||
10 | propositions
calling for a constitutional convention, | ||||||
11 | constitutional
amendment, judicial retention, and public | ||||||
12 | measures to be voted
upon shall be placed on separate portions | ||||||
13 | of the ballot sheet or marking
device by
utilizing borders or | ||||||
14 | grey screens. Candidates shall be listed on
a separate portion | ||||||
15 | of the ballot sheet or marking device by utilizing
borders or
| ||||||
16 | grey screens. Whenever a person has submitted a declaration of | ||||||
17 | intent to be a write-in candidate as required in Sections | ||||||
18 | 17-16.1 and 19-9.1,
Below the name of the last candidate listed | ||||||
19 | for an
office shall be printed or displayed a line or lines on | ||||||
20 | which the voter
may select a
write-in candidate shall be | ||||||
21 | printed below the name of the last candidate listed for such | ||||||
22 | office . Such line or lines shall be proximate to an area | ||||||
23 | provided for marking
votes for the write-in candidate or
| ||||||
24 | candidates. The number of write-in lines for an office shall | ||||||
25 | equal the number
of write-in candidates who have filed for such | ||||||
26 | office, up to the number of candidates
for which a voter may |
| |||||||
| |||||||
1 | vote. More than one amendment to the constitution may be
placed | ||||||
2 | on the
same portion of the ballot sheet or marking device.
| ||||||
3 | Constitutional convention or constitutional amendment
| ||||||
4 | propositions shall be printed or displayed on a separate | ||||||
5 | portion of the
ballot
sheet or marking device and designated by | ||||||
6 | borders or grey screens, unless
otherwise
provided by | ||||||
7 | administrative rule of the State Board of Elections.
More than | ||||||
8 | one public measure or proposition may be placed on the
same | ||||||
9 | portion of the ballot sheet or marking device. More than
one | ||||||
10 | proposition for retention of judges in office may be placed
on | ||||||
11 | the same portion of the ballot sheet or marking device.
Names | ||||||
12 | of candidates shall be printed in black. The party
affiliation | ||||||
13 | of each candidate or the word "independent" shall
appear near | ||||||
14 | or under the candidate's name, and the names of
candidates for | ||||||
15 | the same office shall be listed vertically under
the title of | ||||||
16 | that office, on separate pages of the marking device, or as
| ||||||
17 | otherwise approved by the State Board of Elections. In the case | ||||||
18 | of
nonpartisan elections
for officers of political | ||||||
19 | subdivisions, unless the statute or an
ordinance adopted | ||||||
20 | pursuant to Article VII of the Constitution
requires otherwise, | ||||||
21 | the listing of nonpartisan candidates
shall not include any | ||||||
22 | party or "independent" designation.
Judicial retention
| ||||||
23 | questions and ballot questions for all public measures and | ||||||
24 | other propositions
shall be designated by borders or grey | ||||||
25 | screens on the ballot or marking
device.
In primary
elections, | ||||||
26 | a separate ballot, or displays on the marking device, shall be
|
| |||||||
| |||||||
1 | used for each political
party holding a primary, with the | ||||||
2 | ballot or marking device arranged to
include
names of the | ||||||
3 | candidates of the party and public measures and
other | ||||||
4 | propositions to be voted upon on the day of the primary
| ||||||
5 | election.
| ||||||
6 | If the ballot includes both candidates for office and | ||||||
7 | public
measures or propositions to be voted on, the election | ||||||
8 | official in
charge of the election shall divide the ballot or | ||||||
9 | displays on the marking
device in sections for
"Candidates" and | ||||||
10 | "Propositions", or separate ballots may be used.
| ||||||
11 | Absentee ballots may consist of envelopes, paper ballots or
| ||||||
12 | ballot sheets voted in person in the office of the election
| ||||||
13 | official in charge of the election or voted by mail. Where a
| ||||||
14 | Precinct Tabulation Optical Scan Technology ballot is used for
| ||||||
15 | voting by mail it must be accompanied by voter instructions.
| ||||||
16 | Any voter who spoils his or her ballot, makes an error, or | ||||||
17 | has a ballot
returned by the automatic tabulating equipment may | ||||||
18 | return
the ballot to the judges of election and get another | ||||||
19 | ballot.
| ||||||
20 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
21 | (10 ILCS 5/24B-10.1)
| ||||||
22 | Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | ||||||
23 | for Counting and
Tallying Ballots. In an election
jurisdiction | ||||||
24 | where Precinct Tabulation Optical Scan Technology
counting | ||||||
25 | equipment is used, the following procedures for
counting and |
| |||||||
| |||||||
1 | tallying the ballots shall apply:
| ||||||
2 | Before the opening of the polls, and before the ballots are
| ||||||
3 | entered into the automatic tabulating equipment, the judges of
| ||||||
4 | election shall be sure that the totals are all zeros in the
| ||||||
5 | counting column. Ballots may then be counted by entering or | ||||||
6 | scanning
each ballot into the automatic tabulating equipment.
| ||||||
7 | Throughout the election day and before the closing of the | ||||||
8 | polls, no person
may check any vote totals for any candidate or | ||||||
9 | proposition on the automatic
tabulating equipment. Such | ||||||
10 | automatic tabulating equipment shall be programmed
so that no | ||||||
11 | person may reset the equipment for refeeding of ballots unless
| ||||||
12 | provided a code from an authorized representative of the | ||||||
13 | election
authority.
At the option of the election authority, | ||||||
14 | the ballots may be fed into the
Precinct Tabulation Optical | ||||||
15 | Scan Technology
equipment by the voters under the direct
| ||||||
16 | supervision of the judges of elections.
| ||||||
17 | Immediately after the closing of the polls, the precinct | ||||||
18 | judges of election shall open the ballot box
and count the | ||||||
19 | number of ballots to determine if the
number agrees with the | ||||||
20 | number of voters voting as shown on the
Precinct Tabulation | ||||||
21 | Optical Scan Technology equipment and by the
applications for | ||||||
22 | ballot or, if the same do not agree, the judges
of election | ||||||
23 | shall make the ballots agree with the applications
for ballot | ||||||
24 | in the manner provided by Section 17-18 of this Code.
The | ||||||
25 | judges of election shall then examine all ballots which are
in | ||||||
26 | the ballot box to determine whether the ballots contain the
|
| |||||||
| |||||||
1 | initials of a precinct judge of election. If any ballot is not
| ||||||
2 | initialed, it shall be marked on the back "Defective", | ||||||
3 | initialed
as to such label by all judges immediately under the | ||||||
4 | word
"Defective" and not counted. The judges of election shall | ||||||
5 | place
an initialed blank official ballot in the place of the | ||||||
6 | defective
ballot, so that the count of the ballots to be | ||||||
7 | counted
on the automatic tabulating equipment will be the same, | ||||||
8 | and each
"Defective Ballot" and "Replacement" ballot shall | ||||||
9 | contain the
same serial number which shall be placed thereon by | ||||||
10 | the judges of
election, beginning with number 1 and continuing | ||||||
11 | consecutively
for the ballots of that kind in that precinct. | ||||||
12 | The original
"Defective" ballot shall be placed in the | ||||||
13 | "Defective Ballot
Envelope" provided for that purpose.
| ||||||
14 | If the judges of election have removed a ballot pursuant to | ||||||
15 | Section 17-18,
have labeled "Defective" a ballot which is not | ||||||
16 | initialed, or have otherwise
determined under this Code to not | ||||||
17 | count a ballot originally deposited into a
ballot box, the | ||||||
18 | judges of election shall be sure that the totals on the
| ||||||
19 | automatic tabulating equipment are reset to all zeros in the | ||||||
20 | counting column.
Thereafter the judges of election shall enter | ||||||
21 | or otherwise scan each ballot
to be counted in the
automatic | ||||||
22 | tabulating equipment. Resetting the automatic tabulating | ||||||
23 | equipment
to all zeros and re-entering of ballots to be counted | ||||||
24 | may occur at the precinct
polling place, the office of the | ||||||
25 | election authority, or any receiving station
designated by the | ||||||
26 | election authority. The election authority shall designate
the |
| |||||||
| |||||||
1 | place for resetting and re-entering or re-scanning.
| ||||||
2 | When a Precinct Tabulation Optical Scan Technology
| ||||||
3 | electronic voting system is used which uses a paper ballot,
the | ||||||
4 | judges of election shall examine the ballot for write-in
votes. | ||||||
5 | When the voter has cast a write-in vote, the judges of
election | ||||||
6 | shall compare the write-in vote with the votes on the
ballot to | ||||||
7 | determine whether the write-in results in an overvote
for any | ||||||
8 | office, unless the Precinct Tabulation Optical Scan
Technology | ||||||
9 | equipment has already done so. In case of an overvote
for any | ||||||
10 | office, the judges of election, consisting in each case
of at | ||||||
11 | least one judge of election of each of the 2 major
political | ||||||
12 | parties, shall make a true duplicate ballot of all
votes on | ||||||
13 | such ballot except for the office which is
overvoted, by using | ||||||
14 | the ballot of the precinct and one of the
marking devices, or | ||||||
15 | equivalent ballot, of the precinct so as to transfer
all votes
| ||||||
16 | of
the voter, except for the office overvoted, to a duplicate
| ||||||
17 | ballot. The original ballot upon which there is an overvote
| ||||||
18 | shall be clearly labeled "Overvoted Ballot", and each such
| ||||||
19 | "Overvoted Ballot" as well as its "Replacement" shall contain | ||||||
20 | the
same serial number which shall be placed thereon by the | ||||||
21 | judges of
election, beginning with number 1 and continuing | ||||||
22 | consecutively
for the ballots of that kind in that precinct. | ||||||
23 | The "Overvoted
Ballot" shall be placed in an envelope provided | ||||||
24 | for that purpose
labeled "Duplicate Ballot" envelope, and the | ||||||
25 | judges of election
shall initial the "Replacement" ballots and | ||||||
26 | shall place them with
the other ballots to be counted on the |
| |||||||
| |||||||
1 | automatic tabulating
equipment.
| ||||||
2 | If any ballot is damaged or defective, or if any ballot
| ||||||
3 | contains a Voting Defect, so that it cannot properly be counted
| ||||||
4 | by the automatic tabulating equipment, the voter or the judges | ||||||
5 | of
election, consisting in each case of at least one judge of
| ||||||
6 | election of each of the 2 major political parties, shall make a
| ||||||
7 | true duplicate ballot of all votes on such ballot by using the
| ||||||
8 | ballot of the precinct and one of the marking devices of the
| ||||||
9 | precinct, or equivalent. If a damaged ballot, the original | ||||||
10 | ballot shall be
clearly labeled "Damaged Ballot" and the ballot | ||||||
11 | so produced shall
be clearly labeled "Damaged Ballot" and the | ||||||
12 | ballot
so produced shall be clearly labeled "Duplicate Damaged | ||||||
13 | Ballot", and each
shall contain the same serial number which | ||||||
14 | shall be placed
by the judges of election, beginning with | ||||||
15 | number 1 and
continuing consecutively for the ballots of that | ||||||
16 | kind in the
precinct. The judges of election shall initial the | ||||||
17 | "Duplicate
Damaged Ballot" ballot and shall enter or otherwise | ||||||
18 | scan the duplicate
damaged
ballot into the automatic tabulating | ||||||
19 | equipment. The "Damaged
Ballots" shall be placed in the | ||||||
20 | "Duplicated Ballots" envelope;
after all ballots have been | ||||||
21 | successfully read, the judges of
election shall check to make | ||||||
22 | certain that the Precinct Tabulation
Optical Scan Technology | ||||||
23 | equipment readout agrees with the number
of voters making | ||||||
24 | application for ballot in that precinct. The
number shall be | ||||||
25 | listed on the "Statement of Ballots" form
provided by the | ||||||
26 | election authority.
|
| |||||||
| |||||||
1 | The totals for all candidates and propositions shall be | ||||||
2 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
3 | generated by the automatic tabulating equipment for return to | ||||||
4 | the election authority. One copy of an "In-Precinct Totals | ||||||
5 | Report" shall be generated and posted in a conspicuous place | ||||||
6 | inside the polling place, provided that any authorized | ||||||
7 | pollwatcher or other official authorized to be present in the | ||||||
8 | polling place to observe the counting of ballots is present.
| ||||||
9 | The totals for all candidates and propositions shall be
| ||||||
10 | tabulated; and 4 copies of a "Certificate of Results" shall be
| ||||||
11 | generated by the automatic tabulating equipment; one copy shall | ||||||
12 | be
posted in a conspicuous place inside the polling place; and | ||||||
13 | every
effort shall be made by the judges of election to provide | ||||||
14 | a copy
for each authorized pollwatcher or other official | ||||||
15 | authorized to
be present in the polling place to observe the | ||||||
16 | counting of
ballots; but in no case shall the number of copies | ||||||
17 | to be made
available to pollwatchers be fewer than 4, chosen by | ||||||
18 | lot by the
judges of election. In addition, sufficient time | ||||||
19 | shall be
provided by the judges of election to the pollwatchers | ||||||
20 | to allow
them to copy information from the copy which has been | ||||||
21 | posted.
| ||||||
22 | The judges of election shall count all unused ballots and
| ||||||
23 | enter the number on the "Statement of Ballots". All "Spoiled",
| ||||||
24 | "Defective" and "Duplicated" ballots shall be counted and the
| ||||||
25 | number entered on the "Statement of Ballots".
| ||||||
26 | The precinct judges of election shall select a bi-partisan
|
| |||||||
| |||||||
1 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
2 | sealed container, along with all other election materials as
| ||||||
3 | instructed by the election authority; provided, however, that
| ||||||
4 | such container must first be sealed by the election judges with
| ||||||
5 | filament tape or other approved sealing devices provided for | ||||||
6 | the
purpose which shall be wrapped around the container | ||||||
7 | lengthwise
and crosswise, at least twice each way, in a manner | ||||||
8 | that the
ballots cannot be removed from the container without | ||||||
9 | breaking
the seal and filament tape and disturbing any | ||||||
10 | signatures affixed
by the election judges to the container, or | ||||||
11 | which other approved
sealing devices are affixed in a manner | ||||||
12 | approved by the election
authority. The election authority | ||||||
13 | shall keep the office of the
election authority or any | ||||||
14 | receiving stations designated by the
authority, open for at | ||||||
15 | least 12 consecutive hours after the polls
close or until the | ||||||
16 | ballots from all precincts with in-precinct
counting equipment | ||||||
17 | within the jurisdiction of the election
authority have been | ||||||
18 | returned to the election authority. Ballots
returned to the | ||||||
19 | office of the election authority which are not
signed and | ||||||
20 | sealed as required by law shall not be accepted by the
election | ||||||
21 | authority until the judges returning the ballots make and
sign | ||||||
22 | the necessary corrections. Upon acceptance of the ballots
by | ||||||
23 | the election authority, the judges returning the ballots shall
| ||||||
24 | take a receipt signed by the election authority and stamped | ||||||
25 | with
the time and date of the return. The election judges whose | ||||||
26 | duty
it is to return any ballots as provided shall, in the
|
| |||||||
| |||||||
1 | event the ballots cannot be found when needed, on proper
| ||||||
2 | request, produce the receipt which they are to take as above
| ||||||
3 | provided. The precinct judges of election shall also deliver
| ||||||
4 | the Precinct Tabulation Optical Scan Technology equipment to | ||||||
5 | the
election authority.
| ||||||
6 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
7 | 94-1000, eff. 7-3-06.)
| ||||||
8 | (10 ILCS 5/24B-15)
| ||||||
9 | Sec. 24B-15. Official Return of Precinct; Check of Totals; | ||||||
10 | Retabulation. The precinct return printed by the automatic
| ||||||
11 | Precinct Tabulation Optical Scan Technology tabulating | ||||||
12 | equipment
shall include the number of ballots cast
and votes | ||||||
13 | cast for each candidate and proposition and shall
constitute | ||||||
14 | the official return of each precinct. In addition to the | ||||||
15 | precinct
return, the election
authority shall provide the | ||||||
16 | number of applications for ballots in
each precinct, the | ||||||
17 | write-in votes, the total number of ballots
counted in each | ||||||
18 | precinct for each political subdivision and
district and the | ||||||
19 | number of registered voters in each precinct.
However, the | ||||||
20 | election authority shall check the totals shown by
the precinct | ||||||
21 | return and, if there is an obvious discrepancy regarding
the | ||||||
22 | total number of votes cast in any precinct, shall
have the | ||||||
23 | ballots for that precinct retabulated to correct the
return.
| ||||||
24 | The procedures for retabulation shall apply prior to and after | ||||||
25 | the
proclamation is completed; however, after the proclamation |
| |||||||
| |||||||
1 | of results, the
election authority must obtain a court order to | ||||||
2 | unseal voted ballots except for
election contests and discovery | ||||||
3 | recounts.
In those election jurisdictions that use in-precinct
| ||||||
4 | counting equipment, the certificate of results, which has been
| ||||||
5 | prepared by the judges of election in the polling place after | ||||||
6 | the
ballots have been tabulated, shall be the document used for | ||||||
7 | the
canvass of votes for such precinct. Whenever a discrepancy
| ||||||
8 | exists during the canvass of votes between the unofficial | ||||||
9 | results
and the certificate of results, or whenever a | ||||||
10 | discrepancy exists
during the canvass of votes between the | ||||||
11 | certificate of results
and the set of totals which has been | ||||||
12 | affixed to the certificate
of results, the ballots for that | ||||||
13 | precinct shall be retabulated to
correct the return. As an | ||||||
14 | additional part of this check prior to
the proclamation, in | ||||||
15 | those jurisdictions where in-precinct
counting equipment is | ||||||
16 | used, the election authority shall
retabulate the total number | ||||||
17 | of votes cast in 5% of the precincts
within the election | ||||||
18 | jurisdiction. The precincts to be
retabulated shall be selected | ||||||
19 | after election day on a random
basis by the State Board of | ||||||
20 | Elections, so that every precinct in the
election jurisdiction | ||||||
21 | has an equal mathematical chance of being
selected. The State | ||||||
22 | Board of Elections shall design a standard
and scientific | ||||||
23 | random method of selecting the precincts which are
to be | ||||||
24 | retabulated. The State central committee chairman of each | ||||||
25 | established political party
shall be given prior written notice
| ||||||
26 | of the time and place of the random selection procedure and may
|
| |||||||
| |||||||
1 | be represented at the procedure. The retabulation shall
consist | ||||||
2 | of counting the ballots which were originally counted and
shall | ||||||
3 | not involve any determination of which ballots were, in
fact, | ||||||
4 | properly counted. The ballots from the precincts selected
for | ||||||
5 | the retabulation shall remain at all times under the custody
| ||||||
6 | and control of the election authority and shall be transported
| ||||||
7 | and retabulated by the designated staff of the election
| ||||||
8 | authority.
| ||||||
9 | As part of the retabulation, the election authority shall
| ||||||
10 | test the computer program in the selected precincts. The test
| ||||||
11 | shall be conducted by processing a preaudited group of ballots
| ||||||
12 | marked to record a predetermined number of valid votes for
each | ||||||
13 | candidate and on each public question, and shall include for
| ||||||
14 | each office one or more ballots which have votes in excess of | ||||||
15 | the
number allowed by law to test the ability of the
equipment | ||||||
16 | and the marking device to reject such votes. If any error is
| ||||||
17 | detected, the
cause shall be determined and corrected, and an
| ||||||
18 | errorless count shall be made prior to the official canvass and
| ||||||
19 | proclamation of election results.
| ||||||
20 | The State Board of Elections, the State's Attorney and | ||||||
21 | other
appropriate law enforcement agencies, the county | ||||||
22 | chairman of each
established political party and qualified | ||||||
23 | civic organizations
shall be given prior written notice of the | ||||||
24 | time and place of the
retabulation and may be represented at | ||||||
25 | the retabulation.
| ||||||
26 | The results of this retabulation shall be treated in the
|
| |||||||
| |||||||
1 | same manner and have the same effect as the results of the
| ||||||
2 | discovery procedures set forth in Section 22-9.1 of this Code.
| ||||||
3 | Upon completion of the retabulation, the election authority | ||||||
4 | shall
print a comparison of the results of the retabulation | ||||||
5 | with the
original precinct return printed by the automatic | ||||||
6 | tabulating
equipment. The comparison shall be done for each | ||||||
7 | precinct and
for each office voted upon within that precinct, | ||||||
8 | and the
comparisons shall be open to the public. Upon | ||||||
9 | completion of the
retabulation, the returns shall be open to | ||||||
10 | the public.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
| ||||||
12 | (10 ILCS 5/24C-12)
| ||||||
13 | Sec. 24C-12. Procedures for Counting and Tallying of
| ||||||
14 | Ballots. In an election jurisdiction where a Direct Recording
| ||||||
15 | Electronic Voting System is used, the following procedures for
| ||||||
16 | counting and tallying the ballots shall apply:
| ||||||
17 | Before the opening of the polls, the judges of elections
| ||||||
18 | shall assemble the voting equipment and devices and turn the
| ||||||
19 | equipment on. The judges shall, if necessary, take steps to
| ||||||
20 | activate the voting devices and counting equipment by inserting
| ||||||
21 | into the equipment and voting devices appropriate data cards
| ||||||
22 | containing passwords and data codes that will select the proper
| ||||||
23 | ballot formats selected for that polling place and that will
| ||||||
24 | prevent inadvertent or unauthorized activation of the | ||||||
25 | poll-opening function.
Before voting begins and before ballots |
| |||||||
| |||||||
1 | are
entered into the voting devices, the judges of election | ||||||
2 | shall
cause to be printed a record of the following: the | ||||||
3 | election's
identification data, the device's unit | ||||||
4 | identification, the
ballot's format identification, the | ||||||
5 | contents of each active
candidate register by office and of | ||||||
6 | each active public question
register showing that they contain | ||||||
7 | all zero votes, all ballot
fields that can be used to invoke | ||||||
8 | special voting options, and
other information needed to ensure | ||||||
9 | the readiness of the
equipment and to accommodate | ||||||
10 | administrative reporting
requirements. The judges must also | ||||||
11 | check to be sure that the
totals are all zeros in the counting | ||||||
12 | columns and in the public
counter affixed to the voting | ||||||
13 | devices.
| ||||||
14 | After the judges have determined that a person is qualified
| ||||||
15 | to vote, a voting device with the proper ballot to which the
| ||||||
16 | voter is entitled shall be enabled to be used by the voter. The
| ||||||
17 | ballot may then be cast by the voter by marking by appropriate
| ||||||
18 | means the designated area of the ballot for the casting of a
| ||||||
19 | vote for any candidate or for or against any public question.
| ||||||
20 | The voter shall be able to vote for any and all candidates and
| ||||||
21 | public measures appearing on the ballot in any legal number and
| ||||||
22 | combination and the voter shall be able to delete, change or
| ||||||
23 | correct his or her selections before the ballot is cast. The
| ||||||
24 | voter shall be able to select candidates whose names do not
| ||||||
25 | appear upon the ballot for any office by entering | ||||||
26 | electronically
as many names of candidates as the voter is |
| |||||||
| |||||||
1 | entitled to select
for each office.
| ||||||
2 | Upon completing his or her selection of candidates or
| ||||||
3 | public questions, the voter shall signify that voting has been
| ||||||
4 | completed by activating the appropriate button, switch or | ||||||
5 | active
area of the ballot screen associated with end of voting. | ||||||
6 | Upon
activation, the voting system shall record an image of the
| ||||||
7 | completed ballot, increment the proper ballot position
| ||||||
8 | registers, and shall signify to the voter that the ballot has
| ||||||
9 | been cast. Upon activation, the voting system shall also print
| ||||||
10 | a permanent paper record of each ballot cast as defined in
| ||||||
11 | Section 24C-2 of this Code. This permanent paper record shall
| ||||||
12 | (i) be printed in a clear, readily readable format that can be | ||||||
13 | easily reviewed by the voter for completeness and accuracy and | ||||||
14 | (ii) either be self-contained within the voting device or be
| ||||||
15 | deposited by the voter into a secure ballot box. No permanent
| ||||||
16 | paper record shall be removed from the polling place except by
| ||||||
17 | election officials as authorized by this Article. All permanent
| ||||||
18 | paper records shall be preserved and secured by election
| ||||||
19 | officials in the same manner as paper ballots and shall be
| ||||||
20 | available as an official record for any recount, redundant
| ||||||
21 | count, or verification or retabulation of the vote count
| ||||||
22 | conducted with respect to any election in which the voting
| ||||||
23 | system is used. The voter shall exit the voting station and
the | ||||||
24 | voting system shall prevent any further attempt to vote
until | ||||||
25 | it has been properly re-activated. If a voting device has
been | ||||||
26 | enabled for voting but the voter leaves the polling place
|
| |||||||
| |||||||
1 | without casting a ballot, 2 judges of election, one from each | ||||||
2 | of
the 2 major political parties, shall spoil the ballot.
| ||||||
3 | Throughout the election day and before the closing of the
| ||||||
4 | polls, no person may check any vote totals for any candidate or
| ||||||
5 | public question on the voting or counting equipment. Such
| ||||||
6 | equipment shall be programmed so that no person may reset the
| ||||||
7 | equipment for reentry of ballots unless provided the proper | ||||||
8 | code
from an authorized representative of the election | ||||||
9 | authority.
| ||||||
10 | The precinct judges of election shall check the public
| ||||||
11 | register to determine whether the number of ballots counted by
| ||||||
12 | the voting equipment agrees with the number of voters voting as
| ||||||
13 | shown by the applications for ballot. If the same do not agree,
| ||||||
14 | the judges of election shall immediately contact the offices of
| ||||||
15 | the election authority in charge of the election for further
| ||||||
16 | instructions. If the number of ballots counted by the voting
| ||||||
17 | equipment agrees with the number of voters voting as shown by
| ||||||
18 | the application for ballot, the number shall be listed on the
| ||||||
19 | "Statement of Ballots" form provided by the election authority.
| ||||||
20 | The totals for all candidates and propositions shall be | ||||||
21 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
22 | generated by the automatic tabulating equipment for return to | ||||||
23 | the election authority. One copy of an "In-Precinct Totals | ||||||
24 | Report" shall be generated and posted in a conspicuous place | ||||||
25 | inside the polling place, provided that any authorized | ||||||
26 | pollwatcher or other official authorized to be present in the |
| |||||||
| |||||||
1 | polling place to observe the counting of ballots is present.
| ||||||
2 | Except as otherwise provided in this Section, the
totals for | ||||||
3 | all candidates and propositions shall be
tabulated; and 4 | ||||||
4 | copies of a "Certificate of Results" shall be
printed by the | ||||||
5 | automatic tabulating equipment; one copy shall be
posted in a | ||||||
6 | conspicuous place inside the polling place; and
every effort | ||||||
7 | shall be made by the judges of election to provide
a copy for | ||||||
8 | each authorized pollwatcher or other official
authorized to be | ||||||
9 | present in the polling place to observe the
counting of | ||||||
10 | ballots; but in no case shall the number of copies
to be made | ||||||
11 | available to pollwatchers be fewer than 4, chosen by
lot by the | ||||||
12 | judges of election. In addition, sufficient time
shall be | ||||||
13 | provided by the judges of election to the pollwatchers
to allow | ||||||
14 | them to copy information from the copy which has been
posted.
| ||||||
15 | Until December 31, 2007, in elections at which fractional | ||||||
16 | cumulative votes are cast for candidates, the tabulation of | ||||||
17 | those fractional cumulative votes may be made by the election | ||||||
18 | authority at its central office location, and 4 copies of a | ||||||
19 | "Certificate of Results" shall be printed by the automatic | ||||||
20 | tabulation equipment and shall be posted in 4 conspicuous | ||||||
21 | places at the central office location where those fractional | ||||||
22 | cumulative votes have been tabulated.
| ||||||
23 | If instructed by the election authority, the judges of
| ||||||
24 | election shall cause the tabulated returns to be transmitted
| ||||||
25 | electronically to the offices of the election authority via
| ||||||
26 | modem or other electronic medium.
|
| |||||||
| |||||||
1 | The precinct judges of election shall select a bi-partisan
| ||||||
2 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
3 | sealed container, along with all other election materials and
| ||||||
4 | equipment as instructed by the election authority; provided,
| ||||||
5 | however, that such container must first be sealed by the
| ||||||
6 | election judges with filament tape or other approved sealing
| ||||||
7 | devices provided for the purpose in a manner that the ballots
| ||||||
8 | cannot be removed from the container without breaking the seal
| ||||||
9 | or filament tape and disturbing any signatures affixed by the
| ||||||
10 | election judges to the container. The election authority shall
| ||||||
11 | keep the office of the election authority, or any receiving
| ||||||
12 | stations designated by the authority, open for at least 12
| ||||||
13 | consecutive hours after the polls close or until the ballots | ||||||
14 | and
election material and equipment from all precincts within | ||||||
15 | the
jurisdiction of the election authority have been returned | ||||||
16 | to the
election authority. Ballots and election materials and
| ||||||
17 | equipment returned to the office of the election authority | ||||||
18 | which
are not signed and sealed as required by law shall not be
| ||||||
19 | accepted by the election authority until the judges returning
| ||||||
20 | the ballots make and sign the necessary corrections. Upon
| ||||||
21 | acceptance of the ballots and election materials and equipment
| ||||||
22 | by the election authority, the judges returning the ballots
| ||||||
23 | shall take a receipt signed by the election authority and
| ||||||
24 | stamped with the time and date of the return. The election
| ||||||
25 | judges whose duty it is to return any ballots and election
| ||||||
26 | materials and equipment as provided shall, in the event the
|
| |||||||
| |||||||
1 | ballots, materials or equipment cannot be found when needed, on
| ||||||
2 | proper request, produce the receipt which they are to take as
| ||||||
3 | above provided.
| ||||||
4 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
5 | 94-1073, eff. 12-26-06.)
| ||||||
6 | (10 ILCS 5/24C-15)
| ||||||
7 | Sec. 24C-15. Official Return of Precinct; Check of Totals;
| ||||||
8 | Audit. The precinct return printed by the Direct Recording
| ||||||
9 | Electronic Voting System tabulating equipment shall include | ||||||
10 | the
number of ballots cast and votes cast for each candidate | ||||||
11 | and
public question and shall constitute the official return of | ||||||
12 | each
precinct. In addition to the precinct return, the election
| ||||||
13 | authority shall provide the number of applications for ballots
| ||||||
14 | in each precinct, the total number of ballots and absentee
| ||||||
15 | ballots counted in each precinct for each political subdivision
| ||||||
16 | and district and the number of registered voters in each
| ||||||
17 | precinct. However, the election authority shall check the
| ||||||
18 | totals shown by the precinct return and, if there is an obvious
| ||||||
19 | discrepancy regarding the total number of votes cast in any
| ||||||
20 | precinct, shall have the ballots for that precinct audited to
| ||||||
21 | correct the return. The procedures for this audit shall apply
| ||||||
22 | prior to and after the proclamation is completed; however, | ||||||
23 | after
the proclamation of results, the election authority must | ||||||
24 | obtain
a court order to unseal voted ballots or voting devices | ||||||
25 | except
for election contests and discovery recounts. The |
| |||||||
| |||||||
1 | certificate
of results, which has been prepared and signed by | ||||||
2 | the judges of
election in the polling place after the ballots | ||||||
3 | have been
tabulated, shall be the document used for the canvass | ||||||
4 | of votes
for such precinct. Whenever a discrepancy exists | ||||||
5 | during the
canvass of votes between the unofficial results and | ||||||
6 | the
certificate of results, or whenever a discrepancy exists | ||||||
7 | during
the canvass of votes between the certificate of results | ||||||
8 | and the
set of totals reflected on the certificate of results, | ||||||
9 | the
ballots for that precinct shall be audited to correct the
| ||||||
10 | return.
| ||||||
11 | Prior to the proclamation, the election authority shall
| ||||||
12 | test the voting devices and equipment in 5% of the precincts
| ||||||
13 | within the election jurisdiction. The precincts to be tested
| ||||||
14 | shall be selected after election day on a random basis by the
| ||||||
15 | State Board of Elections, so that every precinct in the | ||||||
16 | election
jurisdiction has an equal mathematical chance of being | ||||||
17 | selected.
The State Board of Elections shall design a standard | ||||||
18 | and
scientific random method of selecting the precincts that | ||||||
19 | are to
be tested. The State central committee
chairman of each | ||||||
20 | established political party shall be given prior written notice | ||||||
21 | of the time
and place of the random selection procedure and may | ||||||
22 | be
represented at the procedure.
| ||||||
23 | The test shall be conducted by counting the votes marked on
| ||||||
24 | the permanent paper record of each ballot cast in the tested
| ||||||
25 | precinct printed by the voting system at the time that each
| ||||||
26 | ballot was cast and comparing the results of this count with |
| |||||||
| |||||||
1 | the
results shown by the certificate of results prepared by the
| ||||||
2 | Direct Recording Electronic Voting System in the test precinct.
| ||||||
3 | The election authority shall test count these votes either by
| ||||||
4 | hand or by using an automatic tabulating device other than a
| ||||||
5 | Direct Recording Electronic voting device that has been | ||||||
6 | approved
by the State Board of Elections for that purpose and | ||||||
7 | tested
before use to ensure accuracy. The election authority | ||||||
8 | shall
print the results of each test count. If any error is | ||||||
9 | detected,
the cause shall be determined and corrected, and an | ||||||
10 | errorless
count shall be made prior to the official canvass and
| ||||||
11 | proclamation of election results. If an errorless count cannot
| ||||||
12 | be conducted and there continues to be difference in vote
| ||||||
13 | results between the certificate of results produced by the
| ||||||
14 | Direct Recording Electronic Voting System and the count of the
| ||||||
15 | permanent paper records or if an error was detected and
| ||||||
16 | corrected, the election authority shall immediately prepare | ||||||
17 | and
forward to the appropriate canvassing board a written | ||||||
18 | report
explaining the results of the test and any errors | ||||||
19 | encountered
and the report shall be made available for public | ||||||
20 | inspection.
| ||||||
21 | The State Board of Elections, the State's Attorney and
| ||||||
22 | other appropriate law enforcement agencies, the county | ||||||
23 | chairman
of each established political party and qualified | ||||||
24 | civic
organizations shall be given prior written notice of the | ||||||
25 | time
and place of the test and may be represented at the test.
| ||||||
26 | The results of this post-election test shall be treated in
|
| |||||||
| |||||||
1 | the same manner and have the same effect as the results of the
| ||||||
2 | discovery procedures set forth in Section 22-9.1 of this Code.
| ||||||
3 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
4 | 94-1000, eff. 7-3-06.)
| ||||||
5 | (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
| ||||||
6 | Sec. 28-6. Petitions; filing.
| ||||||
7 | (a) On a written petition signed by a number of voters | ||||||
8 | equal to at least 4%
8% of the votes cast for candidates for | ||||||
9 | Governor in the preceding gubernatorial
election by the
| ||||||
10 | registered
voters of any
the municipality, township, county or | ||||||
11 | school district it
shall be
the duty of the proper election | ||||||
12 | officers to submit any question of
public policy so petitioned | ||||||
13 | for, to the electors of such political subdivision
at any | ||||||
14 | regular election named in the
petition at which an election is | ||||||
15 | scheduled to be held throughout such political
subdivision | ||||||
16 | under Article 2A. Such petitions shall be filed with the local
| ||||||
17 | election official of the political subdivision
or election | ||||||
18 | authority, as the case may be.
Where such a question is to be | ||||||
19 | submitted to the voters of a municipality
which has adopted | ||||||
20 | Article 6, or a township or school district located
entirely | ||||||
21 | within the jurisdiction of a municipal board of election
| ||||||
22 | commissioners, such petitions shall be filed with the board of | ||||||
23 | election
commissioners having jurisdiction over the political | ||||||
24 | subdivision.
| ||||||
25 | (b) In a municipality with more than 1,000,000
inhabitants, |
| |||||||
| |||||||
1 | when a question of public policy exclusively concerning
a | ||||||
2 | contiguous territory included entirely within but not | ||||||
3 | coextensive with the
municipality is initiated by resolution or | ||||||
4 | ordinance of the corporate
authorities of the municipality, or | ||||||
5 | by a petition which may be signed by
registered voters who | ||||||
6 | reside in any part of any precinct all or part of
which | ||||||
7 | includes all or part of the territory and who equal in number
| ||||||
8 | at least 8% of the total votes cast for candidates for Governor | ||||||
9 | in the
preceding gubernatorial election by the total number of | ||||||
10 | registered voters of
the precinct or precincts the registered | ||||||
11 | voters of which are eligible to sign
the petition, it shall
be | ||||||
12 | the duty of the election authority having jurisdiction over | ||||||
13 | such
municipality to submit such question to the electors | ||||||
14 | throughout each
precinct all or part of which includes all or | ||||||
15 | part of the
territory at the regular election specified in the | ||||||
16 | resolution, ordinance
or petition initiating the public | ||||||
17 | question. A petition initiating a public
question described in | ||||||
18 | this
subsection shall be filed with the election authority | ||||||
19 | having jurisdiction
over the municipality. A resolution, | ||||||
20 | ordinance or petition initiating a public
question described in | ||||||
21 | this subsection shall specify the election at which
the | ||||||
22 | question is to be submitted.
| ||||||
23 | (c) Local questions of public policy authorized by this
| ||||||
24 | Section and statewide questions of public policy authorized by | ||||||
25 | Section 28-9
shall be advisory public questions, and no legal | ||||||
26 | effects shall result
from the adoption or rejection of such |
| |||||||
| |||||||
1 | propositions.
| ||||||
2 | (d) This Section does not apply to a petition filed | ||||||
3 | pursuant to
Article IX of the Liquor Control Act of 1934.
| ||||||
4 | (Source: P.A. 93-574, eff. 8-21-03.)
|