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Sen. William R. Haine
Filed: 3/15/2010
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| AMENDMENT TO SENATE BILL 2503
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| AMENDMENT NO. ______. Amend Senate Bill 2503, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Election Code is amended by changing |
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| Sections 17-11, 17-43, 18-5, 18-40, 19A-35, 24-1, 24A-16, |
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| 24B-16, and 24B-20 as follows:
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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 |
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| forthwith, and
without leaving the inclosed space, retire |
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| 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 |
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| ballot by making in the
appropriate margin or place a cross (X) |
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| opposite the name of the
candidate of his choice for each |
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| office to be filled, or by writing in
the name of the candidate |
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| of his choice in a blank space on said ticket,
making a cross |
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| (X) opposite thereto; and in case of a question submitted
to |
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| the vote of the people, by making in the appropriate margin or |
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| place
a cross (X) against the answer he desires to give. A |
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| cross (X) in the
square in front of the bracket enclosing the |
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| names of a team of
candidates for Governor and Lieutenant |
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| Governor counts as one vote for
each of such candidates. Before |
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| leaving the voting booth the voter shall fold
his
ballot in |
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| such manner as to conceal the marks thereon. He shall then
vote |
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| 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 |
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| shall not be
indorsed on the back of his ballot. He shall mark |
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| and deliver his ballot
without undue delay, and shall quit said |
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| inclosed space as soon as he
has voted; except that immediately |
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| after voting, the voter shall be instructed whether the voting |
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| equipment, if used, accepted or rejected the ballot or |
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| identified the ballot as under-voted for a statewide |
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| constitutional office. A voter whose ballot is identified as |
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| under-voted may return to the voting booth and complete the |
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| voting of that ballot. A voter whose ballot is not accepted by |
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| the voting equipment may, upon surrendering the ballot, request |
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| and vote another ballot. The voter's surrendered ballot shall |
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| be initialed by the election judge and handled as provided in |
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| the appropriate Article governing that voting equipment. The |
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| voting equipment shall indicate only to the voter if the voter |
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| under-voted for a statewide constitutional office. If the |
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| existing voting equipment cannot meet that under-vote |
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| notification requirement, the election authority may petition |
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| the State Board of Elections for an exemption from the |
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| under-vote notification requirement. All election authorities |
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| shall have voting systems compatible with the under-vote |
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| notification requirement by the 2014 general primary election. |
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| No voter shall be allowed to occupy a voting booth already
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| occupied by another, nor remain within said inclosed space more |
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| than ten
minutes, nor to occupy a voting booth more than five |
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| minutes in case all
of said voting booths are in use and other |
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| voters waiting to occupy the
same. No voter not an election |
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| officer, shall, after having voted, be
allowed to re-enter said |
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| inclosed space during said election. No person
shall take or |
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| remove any ballot from the polling place before the close
of |
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| the poll. No voter shall vote or offer to vote any ballot |
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| except such
as he has received from the judges of election in |
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| charge of the ballots.
Any voter who shall, by accident or |
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| mistake, spoil his ballot, may, on
returning said spoiled |
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| ballot, receive another in place thereof only after
the word |
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| "spoiled" has been written in ink diagonally across the entire
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| face of the ballot returned by the voter.
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| Where voting machines or electronic voting systems are |
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| used, the
provisions of this section may be modified as |
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| required or authorized by
Article 24,
24A, 24B, or 24C, |
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| whichever is applicable, except that the requirements of this |
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| Section that (i) the voter must be notified of the voting |
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| equipment's acceptance or rejection of the voter's ballot or |
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| identification of an under-vote for a statewide constitutional |
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| office and (ii) the voter shall have the opportunity to correct |
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| an under-vote or surrender the ballot that was not accepted and |
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| vote another ballot shall not be modified.
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| (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
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| (10 ILCS 5/17-43)
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| Sec. 17-43. Voting.
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| (a) If the election authority has adopted the use of |
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| Precinct
Tabulation Optical Scan Technology voting equipment |
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| pursuant to
Article 24B of this Code, and the provisions of the |
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| Article are
in conflict with the provisions of this Article 17, |
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| the
provisions of Article 24B shall govern the procedures |
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| followed by
the election authority, its judges of elections, |
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| and all
employees and agents. In following the provisions of
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| Article 24B, the election authority is authorized to develop |
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| and
implement procedures to fully utilize Precinct Tabulation |
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| Optical
Scan Technology voting equipment authorized by the |
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| State Board of
Elections as long as the procedure is not in |
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| conflict with
either Article 24B or the administrative rules of |
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| the State Board
of Elections.
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| (b) Notwithstanding subsection (a), when voting equipment |
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| governed by any Article of this Code is used, the requirements |
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| of Section 7-11 that (i) the voter must be notified of the |
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| voting equipment's acceptance or rejection of the ballot or |
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| identification of an under-vote for a statewide constitutional |
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| office and (ii) the voter shall have the opportunity to correct |
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| an under-vote for a statewide constitutional office or |
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| surrender the ballot that was not accepted and vote another |
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| ballot shall not be modified. The voting equipment shall |
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| indicate only to the voter if the voter under-voted for a |
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| statewide constitutional office. If the existing voting |
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| equipment cannot meet that under-vote notification |
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| requirement, the election authority may petition the State |
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| Board of Elections for an exemption from the under-vote |
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| notification requirement. All election authorities shall have |
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| voting systems compatible with the under-vote notification |
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| requirement by the 2014 general primary election.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| Sec. 18-5. Any person desiring to vote and whose name is |
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| found upon
the register of voters by the person having charge |
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| thereof, shall then
be questioned by one of the judges as to |
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| his nativity, his term of
residence at present address, |
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| precinct, State and United States, his
age, whether naturalized |
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| and if so the date of naturalization papers and
court from |
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| which secured, and he shall be asked to state his residence
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| when last previously registered and the date of the election |
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| for which
he then registered. The judges of elections shall |
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| check each application
for ballot against the list of voters |
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| registered in that precinct to whom
grace period, absentee, and |
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| early ballots have been issued for that election, which shall
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| be provided
by the election authority and which list shall be |
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| available for inspection
by pollwatchers. A voter applying to |
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| vote in
the precinct on
election day whose name appears on the |
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| list as having been issued a grace period, absentee,
or early |
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| ballot shall not be permitted to vote in the precinct, except |
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| that a voter to whom an absentee ballot was issued may vote in |
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| the precinct if the voter submits to the election judges that |
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| absentee ballot for cancellation. If the voter is unable to |
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| submit the absentee ballot, it shall be sufficient for the |
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| voter to submit to the election judges (i) a portion of the |
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| absentee ballot if the absentee ballot was torn or mutilated or |
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| (ii) an affidavit executed before the election judges |
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| specifying that (A) the voter never received an absentee ballot |
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| or (B) the voter completed and returned an absentee ballot and |
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| was informed that the election authority did not receive that |
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| absentee ballot.
If such person
so registered shall be |
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| challenged as disqualified, the party challenging
shall assign |
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| his reasons therefor, and thereupon one of the judges shall
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| administer to him an oath to answer questions, and if he shall |
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| take the
oath he shall then be questioned by the judge or |
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| judges touching such cause
of challenge, and touching any other |
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| cause of disqualification. And he may
also be questioned by the |
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| person challenging him in regard to his
qualifications and |
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| identity. But if a majority of the judges are of the
opinion |
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| that he is the person so registered and a qualified voter, his |
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| vote
shall then be received accordingly. But if his vote be |
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| rejected by such
judges, such person may afterward produce and |
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| deliver an affidavit to such
judges, subscribed and sworn to by |
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| him before one of the judges, in which
it shall be stated how |
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| long he has resided in such precinct, and state;
that he is a |
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| citizen of the United States, and is a duly qualified voter in
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| such precinct, and that he is the identical person so |
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| registered.
In addition to such an affidavit, the person so |
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| challenged shall provide
to the judges of election proof of |
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| residence by producing 2 forms of
identification showing the |
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| person's current residence address, provided
that such |
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| identification may include a lease or contract for a residence |
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| and not more than one piece of mail addressed to the person at |
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| his current residence address and
postmarked not earlier than |
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| 30 days prior to the date of the
election, or the person shall |
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| procure a witness personally known to the
judges of election, |
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| and resident in the precinct (or district), or who
shall be |
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| proved by some legal voter of such precinct or district, known |
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| to
the judges to be such, who shall take the oath following, |
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| viz:
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| I do solemnly swear (or affirm) that I am a resident of |
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| this election
precinct (or district), and entitled to vote at |
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| this election, and that I
have been a resident of this State |
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| for 30 days last past, and am well
acquainted with the person |
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| whose vote is now offered; that he is an actual
and bona fide |
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| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, |
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| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the |
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| judges of
election, or by any officer, resident in the precinct |
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| or district,
authorized by law to administer oaths. Also |
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| supported by an affidavit by a
registered voter residing in |
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| such precinct, stating his own residence, and
that he knows |
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| such person; and that he does reside at the place mentioned
and |
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| has resided in such precinct and state for the length of time |
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| as stated
by such person, which shall be subscribed and sworn |
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| to in the same way.
For purposes of this Section, the |
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| submission of a photo identification issued by a college or |
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| university, accompanied by either (i) a copy of the applicant's |
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| contract or lease for a residence or (ii) one piece of mail |
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| addressed to the person at his or her current residence address |
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| and postmarked not earlier than 30 days prior to the date of |
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| the election, shall be sufficient to establish proof of |
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| residence. Whereupon the vote of such person shall be received, |
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| and entered as other
votes. But such judges, having charge of |
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| such registers, shall state in
their respective books the facts |
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| in such case, and the affidavits, so
delivered to the judges, |
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| shall be preserved and returned to the office of
the |
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| commissioners of election. Blank affidavits of the character |
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| aforesaid
shall be sent out to the judges of all the precincts, |
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| and the judges of
election shall furnish the same on demand and |
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| administer the oaths without
criticism. Such oaths, if |
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| administered by any other officer than such judge
of election, |
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| shall not be received. Whenever a proposal for a
constitutional |
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| amendment or for the calling of a constitutional convention
is |
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| to be voted upon at the election, the separate blue ballot or |
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| ballots
pertaining thereto shall be placed on top of the other |
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| ballots to be voted
at the election in such manner that the |
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| legend appearing on the back
thereof, as prescribed in Section |
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| 16-6 of this Act, shall be plainly
visible to the voter, and in |
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| this fashion the ballots shall be handed to
the voter by the |
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| judge.
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| Immediately after voting, the voter shall be instructed |
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| whether the voting equipment, if used, accepted or rejected the |
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| ballot or identified the ballot as under-voted. A voter whose |
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| ballot is identified as under-voted for a statewide |
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| constitutional office may return to the voting booth and |
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| complete the voting of that ballot. A voter whose ballot is not |
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| accepted by the voting equipment may, upon surrendering the |
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| ballot, request and vote another ballot. The voter's |
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| surrendered ballot shall be initialed by the election judge and |
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| handled as provided in the appropriate Article governing that |
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| voting equipment. The voting equipment shall indicate only to |
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| the voter if the voter under-voted for a statewide |
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| constitutional office. If the existing voting equipment cannot |
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| meet that under-vote notification requirement, the election |
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| authority may petition the State Board of Elections for an |
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| exemption from the under-vote notification requirement. All |
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| election authorities shall have voting systems compatible with |
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| the under-vote notification requirement by the 2014 general |
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| primary election. |
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| The voter shall, upon quitting the voting booth, deliver to |
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| one of
the judges of election all of the ballots, properly |
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| folded, which he
received. The judge of election to whom the |
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| voter delivers his ballots
shall not accept the same unless all |
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| of the ballots given to the voter
are returned by him. If a |
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| voter delivers less than all of the ballots
given to him, the |
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| judge to whom the same are offered shall advise him in
a voice |
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| clearly audible to the other judges of election that the voter
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| must return the remainder of the ballots. The statement of the |
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| judge to
the voter shall clearly express the fact that the |
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| voter is not required
to vote such remaining ballots but that |
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| whether or not he votes them he
must fold and deliver them to |
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| the judge. In making such statement the
judge of election shall |
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| not indicate by word, gesture or intonation of
voice that the |
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| unreturned ballots shall be voted in any particular
manner. No |
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| new voter shall be permitted to enter the voting booth of a
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| voter who has failed to deliver the total number of ballots |
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| received by
him until such voter has returned to the voting |
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| booth pursuant to the
judge's request and again quit the booth |
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| with all of the ballots
required to be returned by him. Upon |
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| receipt of all such ballots the
judges of election shall enter |
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| the name of the voter, and his number, as
above provided in |
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| this Section, and the judge to whom the ballots are
delivered |
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| shall immediately put the ballots into the ballot box. If any
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| voter who has failed to deliver all the ballots received by him |
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| refuses
to return to the voting booth after being advised by |
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| the judge of
election as herein provided, the judge shall |
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| inform the other judges of
such refusal, and thereupon the |
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| ballot or ballots returned to the judge
shall be deposited in |
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| the ballot box, the voter shall be permitted to
depart from the |
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| polling place, and a new voter shall be permitted to
enter the |
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| voting booth.
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| The judge of election who receives the ballot or ballots |
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| from the
voter shall announce the residence and name of such |
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| voter in a loud
voice. The judge shall put the ballot or |
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| ballots received from the voter
into the ballot box in the |
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| presence of the voter and the judges of
election, and in plain |
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| view of the public. The judges having charge of
such registers |
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| shall then, in a column prepared thereon, in the same
line of, |
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| the name of the voter, mark "Voted" or the letter "V".
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| No judge of election shall accept from any voter less than |
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| the full
number of ballots received by such voter without first |
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| advising the
voter in the manner above provided of the |
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| necessity of returning all of
the ballots, nor shall any such |
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| judge advise such voter in a manner
contrary to that which is |
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| herein permitted, or in any other manner
violate the provisions |
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| of this Section; provided, that the acceptance by
a judge of |
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| election of less than the full number of ballots delivered to
a |
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| voter who refuses to return to the voting booth after being |
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| properly
advised by such judge shall not be a violation of this |
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| Section.
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| (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
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| (10 ILCS 5/18-40)
|
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| Sec. 18-40. Voting
equipment. |
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| (a) If the election authority has adopted the use of |
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| Precinct
Tabulation Optical Scan Technology voting equipment |
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| pursuant to
Article 24B of this Code, and the provisions of the |
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| Article are
in conflict with the provisions of this Article 18, |
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| the
provisions of Article 24B shall govern the procedures |
11 |
| followed by
the election authority, its judges of elections, |
12 |
| and all
employees and agents. In following the provisions of
|
13 |
| Article 24B, the election authority is authorized to develop |
14 |
| and
implement procedures to fully utilize Precinct Tabulation |
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| Optical
Scan Technology voting equipment authorized by the |
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| State Board of
Elections as long as the procedure is not in |
17 |
| conflict with
either Article 24B or the administrative rules of |
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| the State Board
of Elections.
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| (b) Notwithstanding subsection (a), when voting equipment |
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| governed by any Article of this Code is used, the requirements |
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| of Section 18-5 that (i) the voter must be notified of the |
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| voting equipment's acceptance or rejection of the ballot or |
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| identification of an under-vote for a statewide constitutional |
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| office and (ii) the voter shall have the opportunity to correct |
25 |
| an under-vote for a statewide constitutional office or |
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| surrender the ballot that was not accepted and vote another |
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| ballot shall not be modified. The voting equipment shall |
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| indicate only to the voter if the voter under-voted for a |
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| statewide constitutional office. If the existing voting |
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| equipment cannot meet that under-vote notification |
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| requirement, the election authority may petition the State |
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| Board of Elections for an exemption from the under-vote |
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| notification requirement. All election authorities shall have |
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| voting systems compatible with the under-vote notification |
10 |
| requirement by the 2014 general primary election.
|
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| (Source: P.A. 95-699, eff. 11-9-07.)
|
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| (10 ILCS 5/19A-35)
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| Sec. 19A-35. Procedure for voting.
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| (a) Not more than 23 days before the start of the election, |
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| the county clerk
shall make available to the election official |
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| conducting early voting by
personal
appearance a sufficient |
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| number of early ballots, envelopes, and printed voting
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| instruction slips for the use of early voters. The election |
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| official shall
receipt for all ballots received and shall |
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| return unused or spoiled ballots at
the close of the early |
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| voting period to the county clerk and must strictly
account for |
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| all ballots received. The ballots delivered to the election
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| official must include early ballots for each precinct in the |
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| election
authority's jurisdiction and must include separate |
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| ballots for each political
subdivision conducting an election |
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| of officers or a referendum at that
election.
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| (b) In conducting early voting under this Article, the |
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| election judge or official is
required to verify the signature |
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| of the early voter by comparison with the
signature on the
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| official registration card, and the judge or official must |
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| verify (i) the identity
of the applicant, (ii) that the |
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| applicant is a registered voter, (iii) the
precinct in which |
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| the applicant is registered, and (iv) the proper ballots of
the |
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| political subdivision in which the applicant resides and is |
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| entitled to
vote before providing an early ballot to the |
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| applicant.
The applicant's identity must be verified by the |
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| applicant's presentation of an Illinois driver's license, a |
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| non-driver identification card issued by the Illinois |
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| Secretary of State, a photo identification card issued by a |
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| university or college, or another government-issued |
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| identification document containing the applicant's photograph. |
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| The election judge or official
must verify the applicant's |
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| registration from the most recent poll list
provided by the
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| election authority, and if the applicant is not listed on that |
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| poll list, by
telephoning the office of the election authority.
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| (b-5) A person requesting an early voting ballot to whom an |
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| absentee ballot was issued may vote early if the person submits |
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| that absentee ballot to the judges of election or official |
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| conducting early voting for cancellation. If the voter is |
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| unable to submit the absentee ballot, it shall be sufficient |
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| for the voter to submit to the judges or official (i) a portion |
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| of the absentee ballot if the absentee ballot was torn or |
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| mutilated or (ii) an affidavit executed before the judges or |
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| official specifying that (A) the voter never received an |
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| absentee ballot or (B) the voter completed and returned an |
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| absentee ballot and was informed that the election authority |
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| did not receive that absentee ballot. |
7 |
| (b-10) Within one day after a voter casts an early voting |
8 |
| ballot, the election authority shall transmit the voter's name, |
9 |
| street address, and precinct, ward, township, and district |
10 |
| numbers, as the case may be, to the State Board of Elections, |
11 |
| which shall maintain those names and that information in an |
12 |
| electronic format on its website, arranged by county and |
13 |
| accessible to State and local political committees. |
14 |
| (b-15) Immediately after voting an early ballot, the voter |
15 |
| shall be instructed whether the voting equipment accepted or |
16 |
| rejected the ballot or identified that ballot as under-voted |
17 |
| for a statewide constitutional office. A voter whose ballot is |
18 |
| identified as under-voted may return to the voting booth and |
19 |
| complete the voting of that ballot. A voter whose early voting |
20 |
| ballot is not accepted by the voting equipment may, upon |
21 |
| surrendering the ballot, request and vote another early voting |
22 |
| ballot. The voting equipment shall indicate only to the voter |
23 |
| if the voter under-voted for a statewide constitutional office. |
24 |
| If the existing voting equipment cannot meet that under-vote |
25 |
| notification requirement, the election authority may petition |
26 |
| the State Board of Elections for an exemption from the |
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
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|
1 |
| under-vote notification requirement. All election authorities |
2 |
| shall have voting systems compatible with the under-vote |
3 |
| notification requirement by the 2014 general primary election. |
4 |
| The voter's surrendered ballot
shall be initialed by the |
5 |
| election judge or official conducting the early voting and |
6 |
| handled as provided in the appropriate
Article governing the |
7 |
| voting equipment used.
|
8 |
| (c) The sealed early ballots in their carrier envelope |
9 |
| shall be delivered by
the election authority to the central |
10 |
| ballot counting location before the close of the
polls on the |
11 |
| day of the election.
|
12 |
| (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
|
13 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
|
14 |
| Sec. 24-1. The election authority in all jurisdictions when |
15 |
| voting machines
are used shall, except as otherwise provided in |
16 |
| this Code,
provide a voting machine or voting
machines for any |
17 |
| or all of the election precincts or election districts,
as the |
18 |
| case may be, for which the election authority is by law charged |
19 |
| with the
duty of conducting an election or
elections.
A voting |
20 |
| machine or machines sufficient in number to provide a machine |
21 |
| for each
400 voters or fraction thereof shall be supplied for |
22 |
| use at all
elections. However, no such voting machine shall be |
23 |
| used,
purchased, or adopted, and no person or entity may have a |
24 |
| written contract, including a contract contingent upon |
25 |
| certification of the voting machines, to sell, lease, or loan |
|
|
|
09600SB2503sam002 |
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|
1 |
| voting machines to an election authority, until the board of |
2 |
| voting machine commissioners
hereinafter provided for, or a |
3 |
| majority thereof, shall have made and
filed a report certifying |
4 |
| that they have examined such machine; that it
affords each |
5 |
| elector an opportunity to vote in absolute secrecy; that it
|
6 |
| enables
each elector to vote a ticket selected in part from the |
7 |
| nominees of one
party, and in part from the nominees of any or |
8 |
| all other parties, and in
part from independent nominees |
9 |
| printed in the columns of candidates for
public office, and in |
10 |
| part of persons not in nomination by any party or
upon any |
11 |
| independent ticket; that it enables each elector to vote a
|
12 |
| written or printed ballot of his own selection, for any person |
13 |
| for any
office for whom he may desire to vote; that it enables |
14 |
| each elector to
vote for all candidates for whom he is entitled |
15 |
| to vote, and prevents
him from voting for any candidate for any |
16 |
| office more than once, unless
he is lawfully entitled to cast |
17 |
| more than one vote for one candidate,
and in that event permits |
18 |
| him to cast only as many votes for that
candidate as he is by |
19 |
| law entitled, and no more; that it prevents the
elector from |
20 |
| voting for more than one person for the same office, unless
he |
21 |
| is lawfully entitled to vote for more than one person therefor, |
22 |
| and
in that event permits him to vote for as many persons for |
23 |
| that office as
he is by law entitled, and no more; that it |
24 |
| identifies when an elector has not voted for all statewide |
25 |
| constitutional offices by indicating only to the voter which |
26 |
| office the voter under-voted (if the existing voting equipment |
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
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|
1 |
| cannot meet that under-vote notification requirement, the |
2 |
| election authority may petition the State Board of Elections |
3 |
| for an exemption from the under-vote notification requirement; |
4 |
| all election authorities shall have voting systems compatible |
5 |
| with the under-vote notification requirement by the 2014 |
6 |
| general primary election) ; and that such machine will register
|
7 |
| correctly by means of exact counters every vote cast for the |
8 |
| regular
tickets thereon; and has the capacity to contain the |
9 |
| tickets of at least
5 political parties with the names of all |
10 |
| the candidates thereon,
together with all propositions in the |
11 |
| form provided by law, where such
form is prescribed, and where |
12 |
| no such provision is made for the form
thereof, then in brief |
13 |
| form, not to exceed 75 words; that all votes cast
on the |
14 |
| machine on a regular ballot or ballots shall be registered; |
15 |
| that
voters may, by means of irregular ballots or otherwise |
16 |
| vote for any
person for any office, although such person may |
17 |
| not have been nominated
by any party and his name may not |
18 |
| appear on such machine; that when a
vote is cast for any person |
19 |
| for any such office, when his name does not
appear on the |
20 |
| machine, the elector cannot vote for any other name on the
|
21 |
| machine for the same office; that each elector can, |
22 |
| understandingly and
within the period of 4 minutes cast his |
23 |
| vote for all candidates of his
choice; that the machine is so |
24 |
| constructed that the candidates for
presidential electors of |
25 |
| any party can be voted for only by voting for
the ballot label |
26 |
| containing a bracket within which are the names of the
|
|
|
|
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LRB096 16016 JAM 38995 a |
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|
1 |
| candidates for President and Vice-President of the party or |
2 |
| group; that
the machine is provided with a lock or locks by the |
3 |
| use of which any
movement of the voting or registering |
4 |
| mechanism is absolutely prevented
so that it cannot be tampered |
5 |
| with or manipulated for any purpose; that
the machine is |
6 |
| susceptible of being closed during the progress of the
voting |
7 |
| so that no person can see or know the number of votes |
8 |
| registered
for any candidate; that each elector is permitted to |
9 |
| vote for or against
any question, proposition or amendment upon |
10 |
| which he is entitled to
vote, and is prevented from voting for |
11 |
| or against any question,
proposition or amendment upon which he |
12 |
| is not entitled to vote; that the
machine is capable of |
13 |
| adjustment by the election authority,
so as to permit
the |
14 |
| elector, at a party primary election, to vote only for the
|
15 |
| candidates seeking nomination by the political party in which |
16 |
| primary he
is entitled to vote: Provided, also that no such |
17 |
| machine or machines
shall be purchased, unless the party or |
18 |
| parties making the sale shall
guarantee in writing to keep the |
19 |
| machine or machines in good working
order for 5 years without |
20 |
| additional cost and shall give a sufficient
bond conditioned to |
21 |
| that effect.
|
22 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
23 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
|
24 |
| Sec. 24A-16. The State Board of Elections shall approve all |
25 |
| voting
systems provided by this Article. |
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
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|
1 |
| No voting system shall be approved
unless it fulfills the |
2 |
| following requirements:
|
3 |
| (1) It enables a voter to vote in absolute secrecy;
|
4 |
| (2) (Blank);
|
5 |
| (3) It enables a voter to vote a ticket selected in |
6 |
| part from the
nominees of one party, and in part from the |
7 |
| nominees of any or all parties,
and in part from |
8 |
| independent candidates and in part of candidates whose
|
9 |
| names are written in by the voter;
|
10 |
| (4) It enables a voter to vote a written or printed |
11 |
| ticket of his own
selection for any person for any office |
12 |
| for whom he may desire to vote;
|
13 |
| (5) It will reject all votes for an office or upon a |
14 |
| proposition when
the voter has cast more votes for such |
15 |
| office or upon such proposition than
he is entitled to |
16 |
| cast;
|
17 |
| (5.5) It will identify when a voter has not voted for |
18 |
| all statewide constitutional offices by indicating only to |
19 |
| the voter which office the voter under-voted (if the |
20 |
| existing voting equipment cannot meet that under-vote |
21 |
| notification requirement, the election authority may |
22 |
| petition the State Board of Elections for an exemption from |
23 |
| the under-vote notification requirement; all election |
24 |
| authorities shall have voting systems compatible with the |
25 |
| under-vote notification requirement by the 2014 general |
26 |
| primary election) ;
|
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
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|
1 |
| (6) It will accommodate all propositions to be |
2 |
| submitted to the voters
in the form provided by law or, |
3 |
| where no such form is provided, then in
brief form, not to |
4 |
| exceed 75 words.
|
5 |
| The State Board of Elections shall not approve any voting |
6 |
| equipment or system that includes an external Infrared Data |
7 |
| Association (IrDA) communications port.
|
8 |
| The State Board of Elections is authorized to withdraw its |
9 |
| approval of a
voting system if the system fails to fulfill the |
10 |
| above requirements.
|
11 |
| The vendor, person, or other private entity shall be solely |
12 |
| responsible for the production and cost of: all application |
13 |
| fees; all ballots; additional temporary workers; and other |
14 |
| equipment or facilities needed and used in the testing of the |
15 |
| vendor's, person's, or other private entity's respective |
16 |
| equipment and software.
|
17 |
| Any voting system vendor, person, or other private entity |
18 |
| seeking the State Board of Elections' approval of a voting |
19 |
| system shall, as part of the approval application, submit to |
20 |
| the State Board a non-refundable fee. The State Board of |
21 |
| Elections by rule shall establish an appropriate fee structure, |
22 |
| taking into account the type of voting system approval that is |
23 |
| requested (such as approval of a new system, a modification of |
24 |
| an existing system, the size of the modification, etc.). No |
25 |
| voting system or modification of a voting system shall be |
26 |
| approved unless the fee is paid.
|
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
|
|
1 |
| No vendor, person, or other entity may sell, lease, or |
2 |
| loan, or have a written contract, including a contract |
3 |
| contingent upon State Board approval of the voting system or |
4 |
| voting system component, to sell, lease, or loan, a voting
|
5 |
| system or voting system component to any election jurisdiction |
6 |
| unless the
voting system or voting system component is first |
7 |
| approved by the State
Board of Elections pursuant to this |
8 |
| Section.
|
9 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
10 |
| (10 ILCS 5/24B-16)
|
11 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
|
12 |
| Technology Voting Systems; Requisites. The State Board of
|
13 |
| Elections shall approve all Precinct Tabulation Optical Scan
|
14 |
| Technology voting systems provided by this Article.
|
15 |
| No Precinct Tabulation Optical Scan Technology voting |
16 |
| system
shall be approved unless it fulfills the following |
17 |
| requirements:
|
18 |
| (a) It enables a voter to vote in absolute secrecy;
|
19 |
| (b) (Blank);
|
20 |
| (c) It enables a voter to vote a ticket selected in |
21 |
| part
from the nominees of one party, and in part from the |
22 |
| nominees of
any or all parties, and in part from |
23 |
| independent candidates, and
in part of candidates whose |
24 |
| names are written in by the voter;
|
25 |
| (d) It enables a voter to vote a written or printed |
|
|
|
09600SB2503sam002 |
- 23 - |
LRB096 16016 JAM 38995 a |
|
|
1 |
| ticket
of his or her own selection for any person for any |
2 |
| office for whom he or she
may desire to vote;
|
3 |
| (e) It will reject all votes for an office or upon a
|
4 |
| proposition when the voter has cast more votes for the |
5 |
| office or
upon the proposition than he or she is entitled |
6 |
| to cast;
|
7 |
| (e-5) It will identify when a voter has not voted for |
8 |
| all statewide constitutional offices by indicating only to |
9 |
| the voter which office the voter under-voted (if the |
10 |
| existing voting equipment cannot meet that under-vote |
11 |
| notification requirement, the election authority may |
12 |
| petition the State Board of Elections for an exemption from |
13 |
| the under-vote notification requirement; all election |
14 |
| authorities shall have voting systems compatible with the |
15 |
| under-vote notification requirement by the 2014 general |
16 |
| primary election) ; and
|
17 |
| (f) It will accommodate all propositions to be |
18 |
| submitted to
the voters in the form provided by law or, |
19 |
| where no form is
provided, then in brief form, not to |
20 |
| exceed 75 words.
|
21 |
| The State Board of Elections shall not approve any voting |
22 |
| equipment or system that includes an external Infrared Data |
23 |
| Association (IrDA) communications port.
|
24 |
| The State Board of Elections is authorized to withdraw its
|
25 |
| approval of a Precinct Tabulation Optical Scan Technology |
26 |
| voting
system if the system fails to fulfill the above |
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
|
|
1 |
| requirements.
|
2 |
| The vendor, person, or other private entity shall be solely |
3 |
| responsible for the production and cost of: all application |
4 |
| fees; all ballots; additional temporary workers; and other |
5 |
| equipment or facilities needed and used in the testing of the |
6 |
| vendor's, person's, or other private entity's respective |
7 |
| equipment and software.
|
8 |
| Any voting system vendor, person, or other private entity |
9 |
| seeking the State Board of Elections' approval of a voting |
10 |
| system shall, as part of the approval application, submit to |
11 |
| the State Board a non-refundable fee. The State Board of |
12 |
| Elections by rule shall establish an appropriate fee structure, |
13 |
| taking into account the type of voting system approval that is |
14 |
| requested (such as approval of a new system, a modification of |
15 |
| an existing system, the size of the modification, etc.). No |
16 |
| voting system or modification of a voting system shall be |
17 |
| approved unless the fee is paid.
|
18 |
| No vendor, person, or other entity may sell, lease, or |
19 |
| loan, or have a written contract, including a contract |
20 |
| contingent upon State Board approval of the voting system or |
21 |
| voting system component, to sell, lease, or loan, a
voting |
22 |
| system or Precinct Tabulation Optical Scan Technology
voting |
23 |
| system component to any election jurisdiction unless the
voting |
24 |
| system or voting system component is first approved by the
|
25 |
| State Board of Elections pursuant to this Section.
|
26 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
|
|
|
09600SB2503sam002 |
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LRB096 16016 JAM 38995 a |
|
|
1 |
| (10 ILCS 5/24B-20)
|
2 |
| Sec. 24B-20. Voting Defect Identification
Capabilities. |
3 |
| An election authority is
required to use the Voting Defect |
4 |
| Identification capabilities of
the
automatic tabulating |
5 |
| equipment when used in-precinct, including both the capability |
6 |
| of identifying an under-vote (by indicating only to the voter |
7 |
| which office the voter under-voted) and the capability of |
8 |
| identifying an over-vote. If the existing voting equipment |
9 |
| cannot meet that under-vote notification requirement, the |
10 |
| election authority may petition the State Board of Elections |
11 |
| for an exemption from the under-vote notification requirement. |
12 |
| All election authorities shall have voting systems compatible |
13 |
| with the under-vote notification requirement by the 2014 |
14 |
| general primary election.
|
15 |
| (Source: P.A. 95-699, eff. 11-9-07.)
|
16 |
| Section 99. Effective date. This Act takes effect upon |
17 |
| becoming law.".
|