Sen. Julie A. Morrison
Filed: 2/23/2022
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 829
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 829 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 19-3, 19-4, 19-5, 24A-10, 24A-10.1, 24A-14, 24B-10, | ||||||
6 | 24B-10.1, and 24B-14 and by adding Section 19-2.6 as follows: | ||||||
7 | (10 ILCS 5/19-2.6 new) | ||||||
8 | Sec. 19-2.6. Vote by mail; voters with a print disability. | ||||||
9 | (a) Definitions. As used in this Section, unless the | ||||||
10 | context otherwise requires: | ||||||
11 | "Assistive technology" means any equipment, software, or | ||||||
12 | product used to increase, maintain, or improve the functional | ||||||
13 | capabilities of individuals with disabilities, including, but | ||||||
14 | not limited to, screen reading and magnification software, | ||||||
15 | refreshable Braille displays, and speech recognition programs. | ||||||
16 | "Certified remote accessible vote by mail system" means a |
| |||||||
| |||||||
1 | process approved by the State Board of Elections through which | ||||||
2 | an election authority provides for the electronic transmission | ||||||
3 | of a vote by mail ballot to a voter with a print disability and | ||||||
4 | through which the voter with a print disability marks and | ||||||
5 | verifies the voter's ballot using assistive technology. | ||||||
6 | "Electronic transmission" means the transfer of data or | ||||||
7 | information through an authorized electronic data interchange | ||||||
8 | system. | ||||||
9 | "Voter with a print disability" means a person having a | ||||||
10 | temporary or permanent physical or mental impairment, such as | ||||||
11 | blindness, low vision, physical dexterity limitations, or | ||||||
12 | learning or cognitive disabilities, that prevents the person | ||||||
13 | from effective reading, writing, or use of printed material. | ||||||
14 | (b) The State Board of Elections shall provide a certified | ||||||
15 | remote accessible vote by mail system for the General Election | ||||||
16 | of November 8, 2022 and all subsequent elections, through | ||||||
17 | which a vote by mail ballot can be delivered by electronic | ||||||
18 | transmission to voters with print disabilities and through | ||||||
19 | which voters with print disabilities are able to mark and | ||||||
20 | verify their ballots using assistive technology. | ||||||
21 | (c) Election authorities shall permit voters with a print | ||||||
22 | disability to receive and mark their vote by mail ballots (i) | ||||||
23 | through the certified remote accessible vote by mail system | ||||||
24 | provided by the State Board of Elections pursuant to | ||||||
25 | subsection (b) of this Section or (ii) through a certified | ||||||
26 | remote accessible vote by mail system provided by the election |
| |||||||
| |||||||
1 | authority. | ||||||
2 | (d) If a vote by mail ballot application from a voter with | ||||||
3 | a print disability arrives after the jurisdiction begins | ||||||
4 | transmitting vote by mail ballots and instructions to voters, | ||||||
5 | the election authority shall electronically transmit the | ||||||
6 | ballot, instructions, and balloting materials to the voter | ||||||
7 | within two business days after receipt of the application. | ||||||
8 | (e) Ballots received and marked pursuant to this Section | ||||||
9 | must be printed by the voter and returned to the election | ||||||
10 | authority as provided in Section 19-6. | ||||||
11 | (f) The State Board of Elections shall adopt rules, | ||||||
12 | including emergency rules, necessary for the implementation of | ||||||
13 | this Section. The State Board of Elections' adopted rules | ||||||
14 | shall include certification standards for a remote accessible | ||||||
15 | vote by mail system and a method subject to the provisions in | ||||||
16 | Sections 19-2 and 19-3 of this Article by which a voter with a | ||||||
17 | print disability may request to use a certified remote | ||||||
18 | accessible vote by mail system and apply for an accessible | ||||||
19 | vote by mail ballot. | ||||||
20 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
21 | Sec. 19-3. Application for a vote by mail ballot. | ||||||
22 | (a) The
application for a vote by mail ballot for a single | ||||||
23 | election shall be substantially in the
following form: | ||||||
24 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
25 | To be voted at the .... election in the County of .... and |
| |||||||
| |||||||
1 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
2 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
3 | I state that I am a resident of the .... precinct of the | ||||||
4 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
5 | the city of
.... residing at .... in such city or town in the | ||||||
6 | county of .... and
State of Illinois; that I have lived at such | ||||||
7 | address for .... month(s)
last past; that I am lawfully | ||||||
8 | entitled to vote in such precinct at the
.... election to be | ||||||
9 | held therein on ....; and that I wish to vote by vote by mail | ||||||
10 | ballot. | ||||||
11 | I hereby make application for an official ballot or | ||||||
12 | ballots to be
voted by me at such election, and I agree that I | ||||||
13 | shall return such ballot or ballots to the
official issuing | ||||||
14 | the same prior to the closing of the polls on the date
of the | ||||||
15 | election or, if returned by mail, postmarked no later than | ||||||
16 | election day, for counting no later than during the period for | ||||||
17 | counting provisional ballots, the last day of which is the | ||||||
18 | 14th day following election day. | ||||||
19 | I understand that this application is made for an official | ||||||
20 | vote by mail ballot or ballots to be voted by me at the | ||||||
21 | election specified in this application and that I must submit | ||||||
22 | a separate application for an official vote by mail ballot or | ||||||
23 | ballots to be voted by me at any subsequent election. | ||||||
24 | Under penalties as provided by law pursuant to Section | ||||||
25 | 29-10 of the
Election Code, the undersigned certifies that the | ||||||
26 | statements set forth
in this application are true and correct. |
| |||||||
| |||||||
1 | .... | ||||||
2 | *fill in either (1), (2) or (3). | ||||||
3 | Post office address to which ballot is mailed: | ||||||
4 | ............... | ||||||
5 | (a-5) The application for a single vote by mail ballot | ||||||
6 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
7 | substantively similar to the application for a vote by mail | ||||||
8 | ballot for a single election and shall include: | ||||||
9 | I swear or affirm that I am a voter with a print | ||||||
10 | disability, and, as a result of this disability, I am | ||||||
11 | making a request to receive a vote by mail ballot | ||||||
12 | electronically so that I may privately and independently | ||||||
13 | mark, verify, and print my vote by mail ballot. | ||||||
14 | (b) The application for permanent vote by mail status | ||||||
15 | shall be substantially in the following form: | ||||||
16 | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||||||
17 | I am currently a registered voter and wish to apply for | ||||||
18 | permanent vote by mail status. | ||||||
19 | I state that I am a resident of the City of .... residing | ||||||
20 | at .... in such city in the county of .... and State of | ||||||
21 | Illinois; that I have lived at such address for .... month(s) | ||||||
22 | last past; that I am lawfully entitled to vote in such precinct | ||||||
23 | at the .... election to be held therein on ....; and that I | ||||||
24 | wish to vote by vote by mail ballot in: | ||||||
25 | ..... all subsequent elections that do not require a party | ||||||
26 | designation. |
| |||||||
| |||||||
1 | ..... all subsequent elections, and I wish to receive a | ||||||
2 | ................... Party vote by mail ballot in | ||||||
3 | elections that require a party designation. | ||||||
4 | I hereby make application for an official ballot or | ||||||
5 | ballots to be voted by me at such election, and I agree that I | ||||||
6 | shall return such ballot or ballots to the official issuing | ||||||
7 | the same prior to the closing of the polls on the date of the | ||||||
8 | election or, if returned by mail, postmarked no later than | ||||||
9 | election day, for counting no later than during the period for | ||||||
10 | counting provisional ballots, the last day of which is the | ||||||
11 | 14th day following election day. | ||||||
12 | Under penalties as provided by law under Section 29-10 of | ||||||
13 | the Election Code, the undersigned certifies that the | ||||||
14 | statements set forth in this application are true and correct. | ||||||
15 | .... | ||||||
16 | Post office address to which ballot is mailed: | ||||||
17 | ............... | ||||||
18 | (b-5) The application for permanent vote by mail ballots | ||||||
19 | transmitted electronically pursuant to Section 19-2.6 shall be | ||||||
20 | substantively similar to the application for permanent vote by | ||||||
21 | mail status and shall include: | ||||||
22 | I swear or affirm that I am a voter with a | ||||||
23 | non-temporary print disability, and as a result of this | ||||||
24 | disability, I am making a request to receive vote by mail | ||||||
25 | ballots electronically so that I may privately and | ||||||
26 | independently mark, verify, and print my vote by mail |
| |||||||
| |||||||
1 | ballots. | ||||||
2 | (c) However, if application is made for a primary election | ||||||
3 | ballot, such
application shall require the applicant to | ||||||
4 | designate the name of the political party with which
the | ||||||
5 | applicant is affiliated. The election authority shall allow | ||||||
6 | any voter on permanent vote by mail status to change his or her | ||||||
7 | party affiliation for a primary election ballot by a method | ||||||
8 | and deadline published and selected by the election authority. | ||||||
9 | (d) If application is made electronically, the applicant | ||||||
10 | shall mark the box associated with the above described | ||||||
11 | statement included as part of the online application | ||||||
12 | certifying that the statements set forth in the application | ||||||
13 | under subsection (a) or (b) are true and correct, and a | ||||||
14 | signature is not required. | ||||||
15 | (e) Any person may produce, reproduce, distribute, or | ||||||
16 | return to an election authority an application under this | ||||||
17 | Section. If applications are sent to a post office box | ||||||
18 | controlled by any individual or organization that is not an | ||||||
19 | election authority, those applications shall (i) include a | ||||||
20 | valid and current phone number for the individual or | ||||||
21 | organization controlling the post office box and (ii) be | ||||||
22 | turned over to the appropriate election authority within 7 | ||||||
23 | days of receipt or, if received within 2 weeks of the election | ||||||
24 | in which an applicant intends to vote, within 2 days of | ||||||
25 | receipt. Failure to turn over the applications in compliance | ||||||
26 | with this paragraph shall constitute a violation of this Code |
| |||||||
| |||||||
1 | and shall be punishable as a petty offense with a fine of $100 | ||||||
2 | per application. Removing, tampering with, or otherwise | ||||||
3 | knowingly making the postmark on the application unreadable by | ||||||
4 | the election authority shall establish a rebuttable | ||||||
5 | presumption of a violation of this paragraph. Upon receipt, | ||||||
6 | the appropriate election authority shall accept and promptly | ||||||
7 | process any application under this Section submitted in a form | ||||||
8 | substantially similar to that required by this Section, | ||||||
9 | including any substantially similar production or reproduction | ||||||
10 | generated by the applicant. | ||||||
11 | (f) An election authority may combine the applications in | ||||||
12 | subsections (a) and (b) onto one form, but the distinction | ||||||
13 | between the applications must be clear and the form must | ||||||
14 | provide check boxes for an applicant to indicate whether he or | ||||||
15 | she is applying for a single election vote by mail ballot or | ||||||
16 | for permanent vote by mail status. | ||||||
17 | (Source: P.A. 102-15, eff. 6-17-21.)
| ||||||
18 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
19 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
20 | Immediately upon
the receipt of such application either by | ||||||
21 | mail or electronic means, not more than 90 days
nor less than 5 | ||||||
22 | days prior to such election, or by personal delivery not
more | ||||||
23 | than 90 days nor less than one day prior to such election, at | ||||||
24 | the
office of such election authority, it shall be the duty of | ||||||
25 | such election
authority to examine the records to ascertain |
| |||||||
| |||||||
1 | whether or not such
applicant is lawfully entitled to vote as
| ||||||
2 | requested, including a verification of the applicant's | ||||||
3 | signature by comparison with the signature on the official | ||||||
4 | registration record card, and if found so to be entitled to | ||||||
5 | vote, to post within one business day thereafter
the name, | ||||||
6 | street address,
ward and precinct number or township and | ||||||
7 | district number, as the case may be,
of such applicant given on | ||||||
8 | a list, the pages of which are to be numbered
consecutively to | ||||||
9 | be kept by such election authority for such purpose in a
| ||||||
10 | conspicuous, open and public place accessible to the public at | ||||||
11 | the entrance of
the office of such election authority, and in | ||||||
12 | such a manner that such list may
be viewed without necessity of | ||||||
13 | requesting permission therefor. Within one
day after posting | ||||||
14 | the name and other information of an applicant for a vote by | ||||||
15 | mail
ballot, the election authority shall transmit by | ||||||
16 | electronic means pursuant to a process established by the | ||||||
17 | State Board of Elections that name and other
posted | ||||||
18 | information to the State Board of Elections, which shall | ||||||
19 | maintain those
names and other information in an electronic | ||||||
20 | format on its website, arranged by
county and accessible to | ||||||
21 | State and local political committees. Within 2
business days | ||||||
22 | after posting a name and other information on the list within
| ||||||
23 | its
office, but no sooner than 40 days before an election, the | ||||||
24 | election authority shall mail,
postage prepaid, or deliver in | ||||||
25 | person in such office , or deliver via electronic transmission | ||||||
26 | pursuant to Section 19-2.6, an official ballot
or ballots if |
| |||||||
| |||||||
1 | more than one are to be voted at said election. Mail delivery
| ||||||
2 | of Temporarily Absent Student ballot applications pursuant to | ||||||
3 | Section
19-12.3 shall be by nonforwardable mail. However,
for | ||||||
4 | the consolidated election, vote by mail ballots for certain | ||||||
5 | precincts may
be delivered to applicants not less than 25 days | ||||||
6 | before the election if
so much time is required to have | ||||||
7 | prepared and printed the ballots containing
the names of | ||||||
8 | persons nominated for offices at the consolidated primary.
The | ||||||
9 | election authority shall enclose with each vote by mail ballot | ||||||
10 | or
application written instructions on how voting assistance | ||||||
11 | shall be provided
pursuant to Section 17-14 and a document, | ||||||
12 | written and approved by the State
Board of Elections, | ||||||
13 | informing the vote by mail voter of the required postage for | ||||||
14 | returning the application and ballot, and
enumerating
the | ||||||
15 | circumstances under which a person is authorized to vote by | ||||||
16 | vote by mail
ballot pursuant to this Article; such document | ||||||
17 | shall also include a
statement informing the applicant that if | ||||||
18 | he or she falsifies or is
solicited by another to falsify his | ||||||
19 | or her
eligibility to cast a vote by mail ballot, such | ||||||
20 | applicant or other is subject
to
penalties pursuant to Section | ||||||
21 | 29-10 and Section 29-20 of the Election Code.
Each election | ||||||
22 | authority shall maintain a list of the name, street address,
| ||||||
23 | ward and
precinct, or township and district number, as the | ||||||
24 | case may be, of all
applicants who have returned vote by mail | ||||||
25 | ballots to such authority, and the name of such vote by mail | ||||||
26 | voter shall be added to such list
within one business day from |
| |||||||
| |||||||
1 | receipt of such ballot.
If the vote by mail ballot envelope | ||||||
2 | indicates that the voter was assisted in
casting the ballot, | ||||||
3 | the name of the person so assisting shall be included on
the | ||||||
4 | list. The list, the pages of which are to be numbered | ||||||
5 | consecutively,
shall be kept by each election authority in a | ||||||
6 | conspicuous, open, and public
place accessible to the public | ||||||
7 | at the entrance of the office of the election
authority and in | ||||||
8 | a manner that the list may be viewed without necessity of
| ||||||
9 | requesting permission for viewing.
| ||||||
10 | Each election authority shall maintain a list for each | ||||||
11 | election
of the
voters to whom it has issued vote by mail | ||||||
12 | ballots. The list shall be
maintained for each precinct within | ||||||
13 | the jurisdiction of the election
authority. Prior to the | ||||||
14 | opening of the polls on election day, the
election authority | ||||||
15 | shall deliver to the judges of election in each
precinct the | ||||||
16 | list of registered voters in that precinct to whom vote by mail
| ||||||
17 | ballots have been issued by mail.
| ||||||
18 | Each election authority shall maintain a list for each | ||||||
19 | election of
voters to whom it has issued temporarily absent | ||||||
20 | student ballots. The list
shall be maintained for each | ||||||
21 | election jurisdiction within which such voters
temporarily | ||||||
22 | abide. Immediately after the close of the period during which
| ||||||
23 | application may be made by mail or electronic means for vote by | ||||||
24 | mail ballots, each election
authority shall mail to each other | ||||||
25 | election authority within the State a
certified list of all | ||||||
26 | such voters temporarily abiding within the
jurisdiction of the |
| |||||||
| |||||||
1 | other election authority.
| ||||||
2 | In the event that the return address of an
application for | ||||||
3 | ballot by a physically incapacitated elector
is that of a | ||||||
4 | facility licensed or certified under the Nursing Home Care
| ||||||
5 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
6 | the ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
7 | jurisdiction of the election authority, and the applicant
is a | ||||||
8 | registered voter in the precinct in which such facility is | ||||||
9 | located,
the ballots shall be prepared and transmitted to a | ||||||
10 | responsible judge of
election no later than 9 a.m. on the | ||||||
11 | Friday, Saturday, Sunday, or Monday immediately
preceding the | ||||||
12 | election as designated by the election authority under
Section | ||||||
13 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
14 | day
the ballot to the applicant on the premises of the facility | ||||||
15 | from which
application was made. The election authority shall | ||||||
16 | by mail notify the
applicant in such facility that the ballot | ||||||
17 | will be delivered by a judge of
election on the designated day.
| ||||||
18 | All applications for vote by mail ballots shall be | ||||||
19 | available at the office
of the election authority for public | ||||||
20 | inspection upon request from the
time of receipt thereof by | ||||||
21 | the election authority until 30 days after the
election, | ||||||
22 | except during the time such applications are kept in the
| ||||||
23 | office of the election authority pursuant to Section 19-7, and | ||||||
24 | except during
the time such applications are in the possession | ||||||
25 | of the judges of election.
| ||||||
26 | Notwithstanding any provision of this Section to the |
| |||||||
| |||||||
1 | contrary, pursuant to subsection (a) of Section 30 of the | ||||||
2 | Address Confidentiality for Victims of Domestic Violence, | ||||||
3 | Sexual Assault, Human Trafficking, or Stalking Act, neither | ||||||
4 | the name nor the address of a program participant under that | ||||||
5 | Act shall be included in any list of registered voters | ||||||
6 | available to the public, including the lists referenced in | ||||||
7 | this Section. | ||||||
8 | (Source: P.A. 102-292, eff. 1-1-22 .)
| ||||||
9 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
10 | Sec. 19-5. Folding and enclosure of ballots in unsealed | ||||||
11 | envelope; address on envelope; certification; instructions for | ||||||
12 | marking and returning ballots. It shall be the duty of the | ||||||
13 | election authority to fold the
ballot or ballots in the manner | ||||||
14 | specified by the statute for folding
ballots prior to their | ||||||
15 | deposit in the ballot box, and to enclose such
ballot or | ||||||
16 | ballots in an envelope unsealed to be furnished by him, which
| ||||||
17 | envelope shall bear upon the face thereof the name, official | ||||||
18 | title and
post office address of the election authority, and | ||||||
19 | upon the other side
a printed certification in substantially | ||||||
20 | the
following form:
| ||||||
21 | I state that I am a resident of the .... precinct of the | ||||||
22 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
23 | the city of
.... residing at .... in such city or town in the | ||||||
24 | county of .... and
State of Illinois, that I have lived at such | ||||||
25 | address for .... months
last past; and that I am lawfully |
| |||||||
| |||||||
1 | entitled to vote in such precinct at the
.... election to be | ||||||
2 | held on .....
| ||||||
3 | *fill in either (1), (2) or (3).
| ||||||
4 | I further state that I personally marked the enclosed | ||||||
5 | ballot in secret.
| ||||||
6 | Under penalties of perjury as provided by law pursuant to | ||||||
7 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
8 | that the statements set
forth in this certification are true | ||||||
9 | and correct.
| ||||||
10 | .......................
| ||||||
11 | If the ballot is to go to an elector who is physically | ||||||
12 | incapacitated and needs assistance marking the ballot,
the | ||||||
13 | envelope shall bear upon the back thereof a certification in
| ||||||
14 | substantially the following form:
| ||||||
15 | I state that I am a resident of the .... precinct of the | ||||||
16 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
17 | the city of
.... residing at .... in such city or town in the | ||||||
18 | county of .... and
State of Illinois, that I have lived at such | ||||||
19 | address for .... months
last past; that I am lawfully entitled | ||||||
20 | to vote in such precinct at the
.... election to be held on | ||||||
21 | ....; that I am physically incapable
of personally marking the | ||||||
22 | ballot for
such election.
| ||||||
23 | *fill in either (1), (2) or (3).
| ||||||
24 | I further state that I marked the enclosed ballot in | ||||||
25 | secret with the assistance of
| ||||||
26 | .................................
|
| |||||||
| |||||||
1 | (Individual rendering assistance)
| ||||||
2 | .................................
| ||||||
3 | (Residence Address)
| ||||||
4 | Under penalties of perjury as provided by law pursuant to | ||||||
5 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
6 | that the statements set forth
in this certification are true | ||||||
7 | and correct.
| ||||||
8 | .......................
| ||||||
9 | In the case of a voter with a physical
incapacity, marking | ||||||
10 | a ballot in secret includes marking a ballot with the
| ||||||
11 | assistance of another individual, other than a candidate
whose | ||||||
12 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
13 | parent, child, brother, or sister of the candidate),
the | ||||||
14 | voter's employer, an
agent of that employer, or an officer or | ||||||
15 | agent of the voter's union, when
the voter's physical | ||||||
16 | incapacity necessitates such assistance.
| ||||||
17 | In the case of a physically incapacitated voter, marking a | ||||||
18 | ballot in secret includes marking a ballot with the
assistance | ||||||
19 | of another individual, other than a candidate
whose name | ||||||
20 | appears on the ballot (unless the voter is the spouse or a
| ||||||
21 | parent, child, brother, or sister of the candidate), the | ||||||
22 | voter's
employer, an
agent of that employer, or an officer or | ||||||
23 | agent of the voter's union, when
the voter's physical | ||||||
24 | incapacity necessitates such assistance.
| ||||||
25 | Provided, that if the ballot enclosed is to be voted at a | ||||||
26 | primary
election, the certification shall designate the name |
| |||||||
| |||||||
1 | of the political
party with which the voter is affiliated.
| ||||||
2 | In addition to the above, the election authority shall | ||||||
3 | provide
printed slips , or an electronic version thereof for | ||||||
4 | voters voting by mail pursuant to Section 19-2.6, giving full | ||||||
5 | instructions regarding the manner of marking
and returning the | ||||||
6 | ballot in order that the same may be counted, and
shall furnish | ||||||
7 | one of such printed slips or the electronic version thereof | ||||||
8 | for voters voting by mail pursuant to Section 19-2.6 to each of | ||||||
9 | such applicants at
the same time the ballot is delivered to | ||||||
10 | him.
Such instructions shall include the following statement: | ||||||
11 | "In signing the
certification on the vote by mail ballot | ||||||
12 | envelope, you are attesting that you
personally marked this | ||||||
13 | vote by mail ballot in secret. If you are physically
unable to | ||||||
14 | mark the ballot, a friend or relative may assist you after
| ||||||
15 | completing the enclosed affidavit. Federal and State laws | ||||||
16 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
17 | you
are the spouse or a parent, child, brother, or sister of | ||||||
18 | the candidate), your
employer, your employer's agent or an | ||||||
19 | officer or agent of your union
from assisting voters with | ||||||
20 | physical disabilities."
| ||||||
21 | In addition to the above, if a ballot to be provided to an | ||||||
22 | elector
pursuant to this Section contains a public question | ||||||
23 | described in subsection
(b) of Section 28-6 and the territory | ||||||
24 | concerning which the question is
to be submitted is not | ||||||
25 | described on the ballot due to the space limitations
of such | ||||||
26 | ballot, the election authority shall provide a printed copy of
|
| |||||||
| |||||||
1 | a notice of the public question, which shall include a | ||||||
2 | description of the
territory in the manner required by Section | ||||||
3 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
4 | time the ballot is delivered to the
elector.
| ||||||
5 | Election authorities transmitting ballots by electronic | ||||||
6 | transmission pursuant to Section 19-2.6 shall, to the greatest | ||||||
7 | extent possible, provide those applicants with the same | ||||||
8 | instructions, certifications, and other balloting materials | ||||||
9 | required when sending ballots by mail. | ||||||
10 | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| ||||||
11 | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| ||||||
12 | Sec. 24A-10. (1) In an election jurisdiction which has | ||||||
13 | adopted an
electronic voting system, the election official in | ||||||
14 | charge of the
election shall select one of the 3 following | ||||||
15 | procedures for receiving,
counting, tallying, and return of | ||||||
16 | the ballots:
| ||||||
17 | (a) Two ballot boxes shall be provided for each polling | ||||||
18 | place. The
first ballot box is for the depositing of votes cast | ||||||
19 | on the electronic
voting system; and the second ballot box is | ||||||
20 | for all votes cast on paper
ballots, including any
paper | ||||||
21 | ballots
required to be voted other than on the electronic | ||||||
22 | voting system.
Ballots
deposited in the second
ballot box | ||||||
23 | shall be counted, tallied, and returned as is elsewhere
| ||||||
24 | provided in this Code for the counting and
handling of paper | ||||||
25 | ballots. Immediately after the closing of the polls, the |
| |||||||
| |||||||
1 | judges of election shall make out a slip indicating the
number | ||||||
2 | of persons who voted in the precinct at the election. Such slip
| ||||||
3 | shall be signed by all the judges of election and shall be | ||||||
4 | inserted by
them in the first ballot box. The judges of | ||||||
5 | election shall thereupon
immediately lock each ballot box; | ||||||
6 | provided, that if
such box is not of a type which may be | ||||||
7 | securely locked, such box shall be
sealed with filament tape | ||||||
8 | provided for such purpose
which shall be wrapped around the | ||||||
9 | box lengthwise and crosswise, at least
twice each way, and in | ||||||
10 | such manner that the seal completely covers the
slot in the | ||||||
11 | ballot box, and each of the judges shall sign such seal. | ||||||
12 | Thereupon
two of the judges of election, of different | ||||||
13 | political parties, shall
forthwith and by the most direct | ||||||
14 | route transport both ballot boxes to
the counting location | ||||||
15 | designated by the county clerk or board of
election | ||||||
16 | commissioners.
| ||||||
17 | Before the ballots of a precinct are fed to the electronic | ||||||
18 | tabulating
equipment, the first ballot box shall be opened at | ||||||
19 | the central counting
station by the two precinct transport | ||||||
20 | judges. Upon opening a ballot box,
such team shall first count | ||||||
21 | the number of ballots in the box. If 2 or
more are folded | ||||||
22 | together so as to appear to have been cast by the same
person, | ||||||
23 | all of the ballots so folded together shall be marked and
| ||||||
24 | returned with the other ballots in the same condition, as near | ||||||
25 | as may
be, in which they were found when first opened, but | ||||||
26 | shall not be
counted. If the remaining ballots are found to |
| |||||||
| |||||||
1 | exceed the number of
persons voting in the precinct as shown by | ||||||
2 | the slip signed by the judges
of election, the ballots shall be | ||||||
3 | replaced in the box, and the box
closed and well shaken and | ||||||
4 | again opened and one of the precinct
transport judges shall | ||||||
5 | publicly draw out so many ballots unopened as are
equal to such | ||||||
6 | excess.
| ||||||
7 | Such excess ballots shall be marked "Excess-Not Counted" | ||||||
8 | and signed
by the two precinct transport judges and shall be | ||||||
9 | placed in the "After
7:00 p.m. Defective Ballots Envelope". | ||||||
10 | The number of excess ballots
shall be noted in the remarks | ||||||
11 | section of the Certificate of Results.
"Excess" ballots shall | ||||||
12 | not be counted in the total of "defective"
ballots.
| ||||||
13 | The precinct transport judges shall then examine the | ||||||
14 | remaining
ballots for write-in votes and shall count and | ||||||
15 | tabulate the write-in
vote; or
| ||||||
16 | (b) A single ballot box, for the deposit of all votes cast, | ||||||
17 | shall be
used. All ballots which are not to be tabulated on the | ||||||
18 | electronic voting
system shall be counted, tallied, and | ||||||
19 | returned as elsewhere provided in this Code
for the counting | ||||||
20 | and handling of paper
ballots.
| ||||||
21 | All ballots to be processed and tabulated with the | ||||||
22 | electronic voting
system shall be processed as follows:
| ||||||
23 | Immediately after the closing of the polls, the precinct | ||||||
24 | judges of
election then shall open the ballot box and canvass | ||||||
25 | the votes polled to
determine that the number of ballots | ||||||
26 | therein agree with the number of
voters voting as shown by the |
| |||||||
| |||||||
1 | applications for ballot or if the same do
not agree the judges | ||||||
2 | of election shall make such ballots agree with the
| ||||||
3 | applications for ballot in the manner provided by Section | ||||||
4 | 17-18 of this Code. The judges of election shall then examine | ||||||
5 | all ballot cards and ballot card envelopes which
are in
the | ||||||
6 | ballot box to determine whether the
ballot cards and
ballot | ||||||
7 | card envelopes bear the initials of a precinct judge of | ||||||
8 | election.
If any ballot card or ballot card envelope is not
| ||||||
9 | initialed, it shall be marked on the back "Defective," | ||||||
10 | initialed as to
such label by all judges immediately under | ||||||
11 | such word "Defective," and
not counted, but placed in the | ||||||
12 | envelope provided for that purpose
labeled "Defective Ballots | ||||||
13 | Envelope."
| ||||||
14 | When an electronic voting system is used which utilizes a | ||||||
15 | ballot
card, before separating the ballot cards from their | ||||||
16 | respective
covering envelopes, the judges of election shall | ||||||
17 | examine the ballot card
envelopes for write-in votes. When the | ||||||
18 | voter has voted a write-in vote,
the judges of election shall | ||||||
19 | compare the write-in vote with the votes on
the ballot card to | ||||||
20 | determine whether such write-in results in an
overvote for any | ||||||
21 | office. In case of an overvote for any office, the
judges of | ||||||
22 | election, consisting in each case of at least one judge of
| ||||||
23 | election of each of the two major political parties, shall | ||||||
24 | make a true
duplicate ballot of all votes on such ballot card | ||||||
25 | except for the office
which is overvoted, by using the ballot | ||||||
26 | label booklet of the precinct
and one of the marking devices of |
| |||||||
| |||||||
1 | the precinct so as to transfer all
votes of the voter except | ||||||
2 | for the office overvoted, to an official
ballot card of that | ||||||
3 | kind used in the precinct at that election. The
original | ||||||
4 | ballot card and envelope upon which there is an overvote shall
| ||||||
5 | be clearly labeled "Overvoted Ballot", and each shall bear the | ||||||
6 | same
serial number which shall be placed thereon by the judges | ||||||
7 | of election,
commencing with number 1 and continuing | ||||||
8 | consecutively for the ballots of
that kind in that precinct. | ||||||
9 | The judges of election shall initial the
"Duplicate Overvoted | ||||||
10 | Ballot" ballot cards and shall place them in the
box for return | ||||||
11 | of the ballots. The "Overvoted Ballot" ballots and their
| ||||||
12 | envelopes shall be placed in the "Duplicate Ballots" envelope. | ||||||
13 | Envelopes
bearing write-in votes marked in the place | ||||||
14 | designated therefor and
bearing the initials of a precinct | ||||||
15 | judge of election and not resulting
in an overvote and | ||||||
16 | otherwise complying with the election laws as to
marking shall | ||||||
17 | be counted, tallied, and their votes recorded on a tally
sheet | ||||||
18 | provided by the election official in charge of the election. | ||||||
19 | The
ballot cards and ballot card envelopes shall be separated | ||||||
20 | and all except
any defective or overvoted shall be placed | ||||||
21 | separately in the box for
return of the ballots. The judges of | ||||||
22 | election shall examine the
ballots and ballot cards to | ||||||
23 | determine if any is damaged , or defective , or so
that it cannot | ||||||
24 | otherwise be counted by the automatic tabulating equipment. If | ||||||
25 | any
ballot or ballot card is damaged , or defective , or so that | ||||||
26 | it cannot otherwise properly
be counted by the automatic |
| |||||||
| |||||||
1 | tabulating equipment, the judges of
election, consisting in | ||||||
2 | each case of at least one judge of election of
each of the two | ||||||
3 | major political parties, shall make a true duplicate
ballot of | ||||||
4 | all votes on such ballot card by using the ballot label
booklet | ||||||
5 | of the precinct and one of the marking devices of the precinct.
| ||||||
6 | The original ballot or ballot card and envelope shall be | ||||||
7 | clearly labeled
"Damaged Ballot" and the ballot or ballot card | ||||||
8 | so produced "Duplicate
Damaged Ballot," and each shall bear | ||||||
9 | the same number which shall be
placed thereon by the judges of | ||||||
10 | election, commencing with number 1 and
continuing | ||||||
11 | consecutively for the ballots of that kind in the precinct.
| ||||||
12 | The judges of election shall initial the "Duplicate Damaged | ||||||
13 | Ballot"
ballot or ballot cards, and shall place them in the box | ||||||
14 | for return of
the ballots. The "Damaged Ballot" ballots or | ||||||
15 | ballot cards and their
envelopes shall be placed in the | ||||||
16 | "Duplicated Ballots" envelope. A slip
indicating the number of | ||||||
17 | voters voting in person shall be made out, signed by all
judges | ||||||
18 | of election, and inserted in the box for return of the ballots.
| ||||||
19 | The tally sheets recording the write-in votes shall be placed | ||||||
20 | in this
box. The judges of election thereupon immediately | ||||||
21 | shall securely lock the
ballot box or other suitable
box | ||||||
22 | furnished for return of the ballots by the election official | ||||||
23 | in
charge of the election; provided that if such box is not of | ||||||
24 | a type which
may be securely locked, such box shall be sealed | ||||||
25 | with filament tape provided
for such purpose which shall be | ||||||
26 | wrapped around the box lengthwise and crosswise,
at least |
| |||||||
| |||||||
1 | twice each way. A separate adhesive seal label signed by each | ||||||
2 | of
the judges of election of the precinct shall be affixed to | ||||||
3 | the box so as
to cover any slot therein and to identify the box | ||||||
4 | of the precinct; and
if such box is sealed with filament tape | ||||||
5 | as provided herein rather than
locked, such tape shall be | ||||||
6 | wrapped around the box as provided herein, but
in such manner | ||||||
7 | that the separate adhesive seal label affixed to the box
and | ||||||
8 | signed by the judges may not be removed without breaking the | ||||||
9 | filament
tape and disturbing the signature of the judges. | ||||||
10 | Thereupon, 2 of the
judges of election, of different major | ||||||
11 | political parties, forthwith shall
by the most direct route | ||||||
12 | transport the box for
return of the ballots and enclosed | ||||||
13 | ballots and returns to the central
counting location | ||||||
14 | designated by the election official in charge of the
election. | ||||||
15 | If, however, because of the lack of adequate parking
| ||||||
16 | facilities at the central counting location or for any other | ||||||
17 | reason, it
is impossible or impracticable for the boxes from | ||||||
18 | all the polling places
to be delivered directly to the central | ||||||
19 | counting location, the election
official in charge of the | ||||||
20 | election may designate some other location to
which the boxes | ||||||
21 | shall be delivered by the 2 precinct judges. While at
such | ||||||
22 | other location the boxes shall be in the care and custody of | ||||||
23 | one or
more teams, each consisting of 4 persons, 2 from each of | ||||||
24 | the two major
political parties, designated for such purpose | ||||||
25 | by the election official
in charge of elections from | ||||||
26 | recommendations by the appropriate political
party |
| |||||||
| |||||||
1 | organizations. As soon as possible, the boxes shall be | ||||||
2 | transported
from such other location to the central counting | ||||||
3 | location by one or more
teams, each consisting of 4 persons, 2 | ||||||
4 | from each of the 2 major
political parties, designated for | ||||||
5 | such purpose by the election official
in charge of elections | ||||||
6 | from recommendations by the appropriate political
party | ||||||
7 | organizations.
| ||||||
8 | The "Defective Ballots" envelope, and "Duplicated Ballots" | ||||||
9 | envelope
each shall be securely sealed and the flap or end | ||||||
10 | thereof of each signed
by the precinct judges of election and | ||||||
11 | returned to the central counting
location with the box for | ||||||
12 | return of the ballots, enclosed ballots and
returns.
| ||||||
13 | At the central counting location, a team of tally judges | ||||||
14 | designated
by the election official in charge of the election | ||||||
15 | shall check the box
returned containing the ballots to | ||||||
16 | determine that all seals are intact,
and thereupon shall open | ||||||
17 | the box, check the voters' slip and compare the
number of | ||||||
18 | ballots so delivered against the total number of voters of the
| ||||||
19 | precinct who voted, remove the ballots or ballot cards and | ||||||
20 | deliver them
to the technicians operating the automatic | ||||||
21 | tabulating equipment. Any
discrepancies between the number of | ||||||
22 | ballots and total number of voters
shall be noted on a sheet | ||||||
23 | furnished for that purpose and signed by the
tally judges; or
| ||||||
24 | (c) A single ballot box, for the deposit of all votes cast, | ||||||
25 | shall be used.
Immediately after the closing of the polls, the | ||||||
26 | precinct judges of election shall
securely
lock the ballot |
| |||||||
| |||||||
1 | box; provided that if such box is not of a
type which may be | ||||||
2 | securely locked, such box shall be sealed with filament
tape | ||||||
3 | provided for such purpose which shall be wrapped around the | ||||||
4 | box lengthwise
and crosswise, at least twice each way.
A | ||||||
5 | separate adhesive seal label signed by each of the judges of | ||||||
6 | election
of the precinct shall be affixed to the box so as to | ||||||
7 | cover any slot therein
and to identify the box of the precinct; | ||||||
8 | and if such box is sealed with
filament tape as provided herein | ||||||
9 | rather than locked, such tape shall be
wrapped around the box | ||||||
10 | as provided herein, but in such manner that the separate
| ||||||
11 | adhesive seal label affixed to the box and signed by the judges | ||||||
12 | may not
be removed without breaking the filament tape and | ||||||
13 | disturbing the signature
of the judges. Thereupon, 2 of the | ||||||
14 | judges
of election, of different
major political parties, | ||||||
15 | shall forthwith by the most direct route transport
the box for | ||||||
16 | return of the ballots and enclosed vote by mail and early | ||||||
17 | ballots
and returns
to the central counting location | ||||||
18 | designated by the election official
in charge of the election. | ||||||
19 | If however, because of the lack of adequate
parking facilities | ||||||
20 | at the central counting location or for some other reason,
it | ||||||
21 | is impossible or impracticable for the boxes from all the | ||||||
22 | polling places
to be delivered directly to the central | ||||||
23 | counting location, the election
official in charge of the | ||||||
24 | election may designate some other location to
which the boxes | ||||||
25 | shall be delivered by the 2 precinct judges. While at
such | ||||||
26 | other location the boxes shall be in the care and custody of |
| |||||||
| |||||||
1 | one or
more teams, each consisting of 4 persons, 2 from each of | ||||||
2 | the two major
political
parties, designated for such purpose | ||||||
3 | by the election official in charge
of elections from | ||||||
4 | recommendations by the appropriate political party
| ||||||
5 | organizations.
As soon as possible, the boxes shall be | ||||||
6 | transported from such other location
to the central counting | ||||||
7 | location by one or more teams, each consisting of
4 persons, 2 | ||||||
8 | from each of the 2 major political parties, designated for
| ||||||
9 | such purpose by the election official in charge of the | ||||||
10 | election from
recommendations
by the appropriate political | ||||||
11 | party organizations.
| ||||||
12 | At the central counting location there shall be one or | ||||||
13 | more teams of tally
judges who possess the same qualifications | ||||||
14 | as tally judges in election
jurisdictions
using paper ballots. | ||||||
15 | The number of such teams shall be determined by the
election | ||||||
16 | authority. Each team shall consist of 5 tally judges, 3 | ||||||
17 | selected
and approved by the county board from a certified | ||||||
18 | list furnished by the chair
of the county central committee of | ||||||
19 | the party with the majority
of members on the county board and | ||||||
20 | 2 selected and approved by the county
board from a certified | ||||||
21 | list furnished by the chair of the county central
committee of | ||||||
22 | the party with the second largest number of members
on the | ||||||
23 | county board. At the central counting location a team of tally | ||||||
24 | judges
shall open the ballot box and canvass the votes polled | ||||||
25 | to determine that
the number of ballot sheets
therein agree | ||||||
26 | with the number of voters voting as shown by the applications
|
| |||||||
| |||||||
1 | for ballot; and, if the same do not agree, the tally judges | ||||||
2 | shall make such
ballots agree with the number of applications | ||||||
3 | for ballot in the manner provided
by Section 17-18 of this | ||||||
4 | Code. The tally judges shall then examine
all ballot sheets | ||||||
5 | which are in the ballot box to determine whether they
bear the | ||||||
6 | initials of the precinct judge of election. If any ballot is | ||||||
7 | not
initialed, it shall be marked on the back "Defective", | ||||||
8 | initialed as to such
label by all tally judges immediately | ||||||
9 | under such word "Defective", and not
counted, but placed in | ||||||
10 | the envelope provided for that purpose labeled
"Defective
| ||||||
11 | Ballots Envelope". An overvote for one office shall invalidate
| ||||||
12 | only the vote or count of that particular office.
| ||||||
13 | At the central counting location, a team of tally judges | ||||||
14 | designated
by the election official in charge of the election | ||||||
15 | shall deliver the ballot
sheets to the technicians operating | ||||||
16 | the automatic tabulating equipment.
Any discrepancies between | ||||||
17 | the number of ballots and total number of voters
shall be noted | ||||||
18 | on a sheet furnished for that purpose and signed by the tally
| ||||||
19 | judges.
| ||||||
20 | (2) Regardless of which procedure described in subsection | ||||||
21 | (1) of this
Section is used,
the judges of election designated | ||||||
22 | to transport the ballots, properly signed
and sealed as | ||||||
23 | provided herein, shall ensure that the ballots are delivered
| ||||||
24 | to the central counting station no later than 12 hours after | ||||||
25 | the polls close.
At the central counting station a team of | ||||||
26 | tally judges designated by the
election official in charge of |
| |||||||
| |||||||
1 | the election shall examine the ballots so
transported and | ||||||
2 | shall not accept ballots for tabulating which are not signed
| ||||||
3 | and sealed as provided in subsection (1) of this Section until | ||||||
4 | the
judges transporting the
same make and sign the necessary | ||||||
5 | corrections. Upon acceptance of the ballots
by a team of tally | ||||||
6 | judges at the central counting station, the election
judges | ||||||
7 | transporting the same shall take a receipt signed by the | ||||||
8 | election
official in charge of the election and stamped with | ||||||
9 | the date and time of
acceptance. The election judges whose | ||||||
10 | duty it is to transport any ballots
shall, in the event
such | ||||||
11 | ballots cannot be found when needed, on proper request, | ||||||
12 | produce the
receipt which they are to take as above provided.
| ||||||
13 | (Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
14 | (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| ||||||
15 | Sec. 24A-10.1. In an election jurisdiction where | ||||||
16 | in-precinct counting
equipment is utilized, the following | ||||||
17 | procedures for counting and
tallying the ballots shall apply:
| ||||||
18 | Immediately after the closing of the polls, the precinct | ||||||
19 | judges of election shall open the ballot box and count the
| ||||||
20 | number of ballots therein
to determine if such number agrees | ||||||
21 | with the number of voters voting as shown
by the applications | ||||||
22 | for ballot or, if the same do not agree, the judges
of election | ||||||
23 | shall make such ballots agree with the applications for ballot
| ||||||
24 | in the manner provided by Section 17-18 of this Act.
The judges | ||||||
25 | of election shall then examine all ballot cards and ballot |
| |||||||
| |||||||
1 | card
envelopes which are in the ballot box to determine | ||||||
2 | whether the ballot cards
and ballot card envelopes contain the | ||||||
3 | initials of a precinct judge of
election. If any ballot card or | ||||||
4 | ballot card envelope is not initialed, it
shall be marked on | ||||||
5 | the back "Defective", initialed as to such label by all
judges | ||||||
6 | immediately under the word "Defective" and not counted. The | ||||||
7 | judges of
election shall place an initialed blank official | ||||||
8 | ballot card in the place of
the defective ballot card, so that | ||||||
9 | the count of the ballot cards to be counted
on the automatic | ||||||
10 | tabulating equipment will be the same, and each "Defective
| ||||||
11 | Ballot" card and "Replacement" card shall contain the same | ||||||
12 | serial number
which shall be placed thereon by the judges of | ||||||
13 | election, commencing with
number 1 and continuing | ||||||
14 | consecutively for the ballots of that kind in that
precinct. | ||||||
15 | The original "Defective" card shall be placed in the | ||||||
16 | "Defective
Ballot Envelope" provided for that purpose.
| ||||||
17 | When an electronic voting system is used which utilizes a | ||||||
18 | ballot card,
before separating the remaining ballot cards from | ||||||
19 | their respective covering
envelopes, the judges of election | ||||||
20 | shall examine the ballot card envelopes
for write-in votes. | ||||||
21 | When the voter has cast a write-in vote, the judges
of election | ||||||
22 | shall compare the write-in vote with the votes on the ballot
| ||||||
23 | card to determine whether such write-in results in an overvote | ||||||
24 | for any office.
In case of an overvote for any office, the | ||||||
25 | judges of election, consisting
in each case of at least
one | ||||||
26 | judge of election of each of the 2 major political parties, |
| |||||||
| |||||||
1 | shall make
a true duplicate ballot of all votes on such ballot | ||||||
2 | card except for the
office which is overvoted, by using the | ||||||
3 | ballot label booklet of the precinct
and one of the marking | ||||||
4 | devices of the precinct so as to transfer all votes
of the | ||||||
5 | voter, except for the office overvoted, to a duplicate card. | ||||||
6 | The
original ballot card and envelope upon which there is an | ||||||
7 | overvote shall
be clearly labeled
"Overvoted Ballot", and each | ||||||
8 | such "Overvoted Ballot" as well as its
"Replacement" shall | ||||||
9 | contain the same serial number which shall be placed thereon | ||||||
10 | by the
judges of election, commencing with number 1 and | ||||||
11 | continuing consecutively
for the ballots of that kind in that | ||||||
12 | precinct.
The "Overvoted Ballot" card and ballot envelope | ||||||
13 | shall be placed in an envelope
provided for that purpose | ||||||
14 | labeled "Duplicate Ballot" envelope, and the judges
of | ||||||
15 | election shall initial the "Replacement" ballot
cards and | ||||||
16 | shall place them with the other ballot cards to be counted on
| ||||||
17 | the automatic tabulating
equipment. Envelopes containing | ||||||
18 | write-in votes marked in the place designated
therefor and | ||||||
19 | containing the initials of a precinct judge of election and
| ||||||
20 | not resulting in an overvote and otherwise complying with the | ||||||
21 | election laws
as to marking shall be counted and tallied and | ||||||
22 | their votes recorded on a
tally sheet provided by the election | ||||||
23 | authority.
| ||||||
24 | The ballot cards and ballot card envelopes shall be | ||||||
25 | separated in preparation
for counting by the automatic | ||||||
26 | tabulating equipment provided for that
purpose by the election |
| |||||||
| |||||||
1 | authority.
| ||||||
2 | Before the ballots are entered into the automatic | ||||||
3 | tabulating
equipment, a precinct identification card provided | ||||||
4 | by the election authority
shall be entered into the device to | ||||||
5 | ensure that the totals are all zeroes
in the count column on | ||||||
6 | the printing unit. A precinct judge of election
shall then | ||||||
7 | count the ballots
by entering each ballot card into the | ||||||
8 | automatic tabulating
equipment, and if any ballot or ballot | ||||||
9 | card is damaged , or defective , or so that
it cannot otherwise | ||||||
10 | properly be counted by the automatic tabulating equipment, the
| ||||||
11 | judges of election, consisting in each case of at least one | ||||||
12 | judge of election
of each of the
2 major political parties, | ||||||
13 | shall make a true duplicate ballot of all votes
on such ballot | ||||||
14 | card by using the ballot label booklet of the precinct and
one | ||||||
15 | of the marking devices of the precinct. The original ballot or | ||||||
16 | ballot
card and envelope shall be clearly labeled "Damaged | ||||||
17 | Ballot" and the ballot
or ballot card so produced shall be | ||||||
18 | clearly labeled "Duplicate Damaged Ballot",
and each shall | ||||||
19 | contain the same serial number which shall be placed
thereon | ||||||
20 | by the judges of election, commencing with number 1 and | ||||||
21 | continuing
consecutively for the ballots of
that kind in the | ||||||
22 | precinct. The judges of election shall initial the "Duplicate
| ||||||
23 | Damaged Ballot" ballot or ballot cards and shall enter the
| ||||||
24 | duplicate damaged cards into the automatic tabulating | ||||||
25 | equipment. The "Damaged
Ballot" cards
shall be placed in the | ||||||
26 | "Duplicated Ballots" envelope; after all ballot cards
have |
| |||||||
| |||||||
1 | been successfully read, the judges of election shall check to | ||||||
2 | make certain that
the last number printed by the printing unit | ||||||
3 | is the same as the number of
voters making application for | ||||||
4 | ballot in that precinct.
The number shall be listed on the | ||||||
5 | "Statement of Ballots" form provided by
the election | ||||||
6 | authority.
| ||||||
7 | The totals for all candidates and propositions shall be | ||||||
8 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
9 | generated by the automatic tabulating equipment for return to | ||||||
10 | the election authority. One copy of an "In-Precinct Totals | ||||||
11 | Report" shall be generated and posted in a conspicuous place | ||||||
12 | inside the polling place, provided that any authorized | ||||||
13 | pollwatcher or other official authorized to be present in the | ||||||
14 | polling place to observe the counting of ballots is present.
| ||||||
15 | The judges of election shall
provide, if requested, a set | ||||||
16 | for each authorized pollwatcher or other official authorized
| ||||||
17 | to be present in the polling place to observe the counting of | ||||||
18 | ballots. In addition,
sufficient
time shall be provided by the | ||||||
19 | judges of election to the pollwatchers to
allow them to copy | ||||||
20 | information from the copy
which has been posted.
| ||||||
21 | The judges of election shall count all unused ballot cards | ||||||
22 | and enter the
number on the "Statement of Ballots". All | ||||||
23 | "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | ||||||
24 | counted and the number entered on the
"Statement of Ballots".
| ||||||
25 | The precinct judges of election shall select a bi-partisan | ||||||
26 | team of 2 judges,
who shall immediately return the ballots in a |
| |||||||
| |||||||
1 | sealed container, along with
all other election materials as | ||||||
2 | instructed by the election authority;
provided, however, that | ||||||
3 | such container must first be sealed by the election
judges | ||||||
4 | with filament tape provided for such purpose which shall be | ||||||
5 | wrapped
around the container lengthwise and crosswise, at | ||||||
6 | least twice each way, in
such manner that the ballots cannot be | ||||||
7 | removed from such container without
breaking the seal and | ||||||
8 | filament tape and disturbing any signatures affixed
by the | ||||||
9 | election judges to the container. The election authority shall | ||||||
10 | keep
the office of the election authority, or any receiving | ||||||
11 | stations designated
by such authority, open for at least 12 | ||||||
12 | consecutive hours after the polls
close or until the ballots | ||||||
13 | from all precincts with in-precinct counting
equipment within | ||||||
14 | the jurisdiction of the election authority have been
returned | ||||||
15 | to the election authority. Ballots returned to the office of | ||||||
16 | the
election authority which are not signed and sealed as | ||||||
17 | required by law shall
not be accepted by the election | ||||||
18 | authority until the judges returning the
same make and sign | ||||||
19 | the necessary corrections. Upon acceptance of the ballots
by | ||||||
20 | the election authority, the judges returning the same shall | ||||||
21 | take a
receipt signed by the election authority and stamped | ||||||
22 | with the time and date
of such return. The election judges | ||||||
23 | whose duty it is to return any ballots
as herein provided | ||||||
24 | shall, in the event such ballots cannot be found when
needed, | ||||||
25 | on proper request, produce the receipt which they are to take | ||||||
26 | as above provided.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
2 | 95-699, eff. 11-9-07.)
| ||||||
3 | (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
| ||||||
4 | Sec. 24A-14. Damaged, defective, or unreadable ballots; | ||||||
5 | duplicates. If any ballot is damaged , or defective , or so that | ||||||
6 | it cannot
otherwise properly be counted by the automatic | ||||||
7 | tabulating equipment, a true duplicate
copy shall be made of | ||||||
8 | the damaged ballot in the presence of witnesses and
| ||||||
9 | substituted for the damaged ballot. Likewise, a duplicate | ||||||
10 | ballot shall be
made of a defective ballot which shall not | ||||||
11 | include the invalid votes appearing on the original ballot . | ||||||
12 | All
duplicate ballots shall be clearly labeled "duplicate", | ||||||
13 | shall bear a serial
number which shall be registered on the | ||||||
14 | damaged , or defective , or otherwise unreadable ballot, and
| ||||||
15 | shall be counted in lieu of the damaged , or defective , or | ||||||
16 | otherwise unreadable ballot.
| ||||||
17 | (Source: Laws 1965, p. 2220.)
| ||||||
18 | (10 ILCS 5/24B-10)
| ||||||
19 | Sec. 24B-10. Receiving, counting, tallying and return of
| ||||||
20 | ballots; acceptance of ballots by election authority. | ||||||
21 | (a) In an election jurisdiction which has adopted an | ||||||
22 | electronic Precinct
Tabulation Optical Scan Technology voting | ||||||
23 | system, the election
official in charge of the election shall | ||||||
24 | select one of the 3
following procedures for receiving, |
| |||||||
| |||||||
1 | counting, tallying, and
return of the ballots:
| ||||||
2 | (1) Two ballot boxes shall be provided for each | ||||||
3 | polling
place. The first ballot box is for the depositing | ||||||
4 | of votes cast
on the electronic voting system; and the | ||||||
5 | second ballot box is for
all votes cast on other ballots, | ||||||
6 | including any paper ballots required to be voted other | ||||||
7 | than on
the Precinct Tabulation Optical Scan Technology | ||||||
8 | electronic voting
system. Ballots deposited in the second
| ||||||
9 | ballot box shall be counted, tallied, and returned as is
| ||||||
10 | elsewhere provided in this Code for the
counting and | ||||||
11 | handling of paper ballots. Immediately after the
closing | ||||||
12 | of the polls, the
judges of election shall make out a slip
| ||||||
13 | indicating the number of persons who voted in the precinct | ||||||
14 | at the
election. The slip shall be signed by all the judges | ||||||
15 | of
election and shall be inserted by them in the first | ||||||
16 | ballot box.
The judges of election shall thereupon | ||||||
17 | immediately lock each
ballot box; provided, that if the | ||||||
18 | box is not of a type which may
be securely locked, the box | ||||||
19 | shall be sealed with filament tape
provided for the | ||||||
20 | purpose that shall be wrapped around the box
lengthwise | ||||||
21 | and crosswise, at least twice each way, and in a
manner | ||||||
22 | that the seal completely covers the slot in the ballot
| ||||||
23 | box, and each of the judges shall sign the seal. Two
of the | ||||||
24 | judges of election, of different political parties, shall
| ||||||
25 | by the most direct route transport both ballot
boxes to | ||||||
26 | the counting location designated by the county clerk or
|
| |||||||
| |||||||
1 | board of election commissioners.
| ||||||
2 | Before the ballots of a precinct are fed to the | ||||||
3 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
4 | tabulating equipment,
the first ballot box shall be opened | ||||||
5 | at the central counting
station by the 2 precinct | ||||||
6 | transport judges. Upon opening a
ballot box, the team | ||||||
7 | shall first count the number of ballots in
the box. If 2 or | ||||||
8 | more are folded together to appear to
have been cast by the | ||||||
9 | same person, all of the ballots folded
together shall be | ||||||
10 | marked and returned with the other ballots in
the same | ||||||
11 | condition, as near as may be, in which they were found
when | ||||||
12 | first opened, but shall not be counted. If the remaining
| ||||||
13 | ballots are found to exceed the number of persons voting | ||||||
14 | in the
precinct as shown by the slip signed by the judges | ||||||
15 | of election,
the ballots shall be replaced in the box, and | ||||||
16 | the box closed and
well shaken and again opened and one of | ||||||
17 | the precinct transport
judges shall publicly draw out so | ||||||
18 | many ballots unopened as are
equal to the excess.
| ||||||
19 | The excess ballots shall be marked "Excess-Not | ||||||
20 | Counted" and
signed by the 2 precinct transport judges and | ||||||
21 | shall be placed
in the "After 7:00 p.m. Defective Ballots | ||||||
22 | Envelope". The number
of excess ballots shall be noted in | ||||||
23 | the remarks section of the
Certificate of Results. | ||||||
24 | "Excess" ballots shall not be counted in
the total of | ||||||
25 | "defective" ballots.
| ||||||
26 | The precinct transport judges shall then examine the
|
| |||||||
| |||||||
1 | remaining ballots for write-in votes and shall count and | ||||||
2 | tabulate
the write-in vote.
| ||||||
3 | (2) A single ballot box, for the deposit of all votes | ||||||
4 | cast,
shall be used. All ballots which are not to be | ||||||
5 | tabulated on the
electronic voting system shall be | ||||||
6 | counted, tallied, and returned
as elsewhere provided in | ||||||
7 | this Code for the
counting and handling of paper ballots.
| ||||||
8 | All ballots to be processed and tabulated with the | ||||||
9 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
10 | voting system shall
be processed as follows:
| ||||||
11 | Immediately after the closing of the polls, the | ||||||
12 | precinct judges of
election shall open the ballot box and | ||||||
13 | canvass the votes
polled to determine that the number of | ||||||
14 | ballots agree with
the number of voters voting as shown by | ||||||
15 | the applications for
ballot, or if the same do not agree | ||||||
16 | the judges of election shall
make such ballots agree with | ||||||
17 | the applications for ballot in the
manner provided by | ||||||
18 | Section 17-18 of this Code.
| ||||||
19 | In case of an overvote for any office, the judges of
| ||||||
20 | election, consisting in each case of at least one judge of
| ||||||
21 | election of each of the 2 major political parties, shall | ||||||
22 | make a
true duplicate ballot of all votes on the ballot | ||||||
23 | except for
the office which is overvoted, by using the | ||||||
24 | ballot of the
precinct and one of the marking devices, or | ||||||
25 | equivalent ballot, of the
precinct to
transfer all votes | ||||||
26 | of the voter except for the office overvoted,
to an |
| |||||||
| |||||||
1 | official ballot of that kind used in the precinct at
that | ||||||
2 | election. The original ballot upon which there is an
| ||||||
3 | overvote shall be clearly labeled "Overvoted Ballot", and | ||||||
4 | each
shall bear the same serial number which shall be | ||||||
5 | placed thereon
by the judges of election, beginning with | ||||||
6 | number 1 and
continuing consecutively for the ballots of | ||||||
7 | that kind in that
precinct. The judges of election shall | ||||||
8 | initial the "Duplicate
Overvoted Ballot" ballots and shall | ||||||
9 | place them in the box for
return of the ballots. The | ||||||
10 | "Overvoted Ballot" ballots shall be
placed in the | ||||||
11 | "Duplicate Ballots" envelope. The ballots except
any | ||||||
12 | defective or overvoted ballot shall be placed separately | ||||||
13 | in
the box for return of the ballots. The judges
of | ||||||
14 | election shall examine the ballots to determine if any is
| ||||||
15 | damaged , or defective , or so that it cannot otherwise be | ||||||
16 | counted by the
automatic tabulating equipment. If any | ||||||
17 | ballot is
damaged , or defective , or so that it cannot | ||||||
18 | otherwise properly be counted by the
automatic tabulating | ||||||
19 | equipment, the judges of election,
consisting in each case | ||||||
20 | of at least one judge of election of each
of the 2 major | ||||||
21 | political parties, shall make a true duplicate
ballot of | ||||||
22 | all votes on such ballot by using the ballot of
the | ||||||
23 | precinct and one of the marking devices, or equivalent | ||||||
24 | ballot, of the
precinct. The
original ballot and ballot | ||||||
25 | envelope shall be clearly
labeled "Damaged Ballot" and the | ||||||
26 | ballot so
produced "Duplicate Damaged Ballot", and each |
| |||||||
| |||||||
1 | shall bear the same
number which shall be placed thereon | ||||||
2 | by the judges of election,
commencing with number 1 and | ||||||
3 | continuing consecutively for the
ballots of that kind in | ||||||
4 | the precinct. The judges of election
shall initial the | ||||||
5 | "Duplicate Damaged Ballot" ballot and shall place them in
| ||||||
6 | the box for return of the ballots.
The "Damaged Ballot" | ||||||
7 | ballots
shall be placed in the "Duplicated Ballots" | ||||||
8 | envelope. A slip
indicating the number of voters voting in | ||||||
9 | person and the total number
of voters of the precinct who | ||||||
10 | voted at the election shall be made
out, signed by all | ||||||
11 | judges of election, and inserted in the box
for return of | ||||||
12 | the ballots. The tally sheets recording the write-in votes | ||||||
13 | shall
be placed in this box. The judges of election | ||||||
14 | immediately shall
securely lock the ballot box or other | ||||||
15 | suitable box furnished for return of the
ballots by the | ||||||
16 | election official in charge of the election; provided that | ||||||
17 | if
the box is not of a type which may be securely locked, | ||||||
18 | the box shall be
sealed with filament tape provided for | ||||||
19 | the purpose which shall
be wrapped around the box | ||||||
20 | lengthwise and crosswise, at least
twice each way. A | ||||||
21 | separate adhesive seal label signed by each of
the judges | ||||||
22 | of election of the precinct shall be affixed to the
box to | ||||||
23 | cover any slot therein and to identify the box of
the | ||||||
24 | precinct; and if the box is sealed with filament tape as
| ||||||
25 | provided rather than locked, such tape shall be wrapped
| ||||||
26 | around the box as provided, but in such manner that the
|
| |||||||
| |||||||
1 | separate adhesive seal label affixed to the box and signed | ||||||
2 | by the
judges may not be removed without breaking the | ||||||
3 | filament tape and
disturbing the signature of the judges. | ||||||
4 | Two of the
judges of election, of different major | ||||||
5 | political parties,
shall by the most direct route | ||||||
6 | transport the box for
return of the ballots and enclosed | ||||||
7 | ballots and returns to the
central counting location | ||||||
8 | designated by the election official in
charge of the | ||||||
9 | election. If, however, because of the lack of
adequate | ||||||
10 | parking facilities at the central counting location or
for | ||||||
11 | any other reason, it is impossible or impracticable for | ||||||
12 | the
boxes from all the polling places to be delivered | ||||||
13 | directly to the
central counting location, the election | ||||||
14 | official in charge of the
election may designate some | ||||||
15 | other location to which the boxes
shall be delivered by | ||||||
16 | the 2 precinct judges. While at the other
location the | ||||||
17 | boxes shall be in the care and custody of one or
more | ||||||
18 | teams, each consisting of 4 persons, 2 from each of the 2
| ||||||
19 | major political parties, designated for such purpose by | ||||||
20 | the
election official in charge of elections from | ||||||
21 | recommendations by
the appropriate political party | ||||||
22 | organizations. As soon as
possible, the boxes shall be | ||||||
23 | transported from the other location
to the central | ||||||
24 | counting location by one or more teams, each
consisting of | ||||||
25 | 4 persons, 2 from each of the 2 major political
parties, | ||||||
26 | designated for the purpose by the election official in
|
| |||||||
| |||||||
1 | charge of elections from recommendations by the | ||||||
2 | appropriate
political party organizations.
| ||||||
3 | The "Defective Ballots" envelope, and "Duplicated | ||||||
4 | Ballots"
envelope each shall be securely sealed and the | ||||||
5 | flap or end
of each envelope signed by the precinct judges | ||||||
6 | of election and
returned to the central counting location | ||||||
7 | with the box for return
of the ballots, enclosed ballots | ||||||
8 | and returns.
| ||||||
9 | At the central counting location, a team of tally | ||||||
10 | judges
designated by the election official in charge of | ||||||
11 | the election
shall check the box returned containing the | ||||||
12 | ballots to determine
that all seals are intact, and shall | ||||||
13 | open the box,
check the voters' slip and compare the | ||||||
14 | number of ballots so
delivered against the total number of | ||||||
15 | voters of the precinct who
voted, remove the ballots and | ||||||
16 | deliver them to the
technicians operating the automatic | ||||||
17 | tabulating equipment. Any
discrepancies between the number | ||||||
18 | of ballots and total number of
voters shall be noted on a | ||||||
19 | sheet furnished for that purpose and
signed by the tally | ||||||
20 | judges.
| ||||||
21 | (3) A single ballot box, for the deposit of all votes | ||||||
22 | cast,
shall be used. Immediately after the closing of the | ||||||
23 | polls, the
precinct judges of election shall securely lock | ||||||
24 | the ballot box;
provided that if such box is not of a type | ||||||
25 | which may be securely
locked, the box shall be sealed with | ||||||
26 | filament tape provided for
the purpose which shall be |
| |||||||
| |||||||
1 | wrapped around the box lengthwise and
crosswise, at least | ||||||
2 | twice each way. A separate adhesive seal
label signed by | ||||||
3 | each of the judges of election of the precinct
shall be | ||||||
4 | affixed to the box to cover any slot therein and
to | ||||||
5 | identify the box of the precinct; and if the box is sealed
| ||||||
6 | with filament tape as provided rather than locked, such
| ||||||
7 | tape shall be wrapped around the box as provided, but in
a | ||||||
8 | manner that the separate adhesive seal label affixed to | ||||||
9 | the
box and signed by the judges may not be removed without | ||||||
10 | breaking
the filament tape and disturbing the signature of | ||||||
11 | the judges.
Two of the judges of election, of different | ||||||
12 | major
political parties, shall by the most direct route
| ||||||
13 | transport the box for return of the ballots and enclosed | ||||||
14 | vote by mail and early
ballots and returns to the central | ||||||
15 | counting location designated
by the election official in | ||||||
16 | charge of the election. If however,
because of the lack of | ||||||
17 | adequate parking facilities at the central
counting | ||||||
18 | location or for some other reason, it is impossible or
| ||||||
19 | impracticable for the boxes from all the polling places to | ||||||
20 | be
delivered directly to the central counting location, | ||||||
21 | the election
official in charge of the election may | ||||||
22 | designate some other
location to which the boxes shall be | ||||||
23 | delivered by the 2 precinct
judges. While at the other | ||||||
24 | location the boxes shall be in the
care and custody of one | ||||||
25 | or more teams, each consisting of 4
persons, 2 from each of | ||||||
26 | the 2 major political parties,
designated for the purpose |
| |||||||
| |||||||
1 | by the election official in charge of
elections from | ||||||
2 | recommendations by the appropriate political party
| ||||||
3 | organizations. As soon as possible, the boxes shall be
| ||||||
4 | transported from the other location to the central | ||||||
5 | counting
location by one or more teams, each consisting of | ||||||
6 | 4 persons, 2
from each of the 2 major political parties, | ||||||
7 | designated for the
purpose by the election official in | ||||||
8 | charge of the election from
recommendations by the | ||||||
9 | appropriate political party organizations.
| ||||||
10 | At the central counting location there shall be one or | ||||||
11 | more
teams of tally judges who possess the same | ||||||
12 | qualifications as
tally judges in election jurisdictions | ||||||
13 | using paper ballots. The
number of the teams shall be | ||||||
14 | determined by the election
authority. Each team shall | ||||||
15 | consist of 5 tally judges, 3 selected
and approved by the | ||||||
16 | county board from a certified list furnished
by the chair | ||||||
17 | of the county central committee of the party with
the | ||||||
18 | majority of members on the county board and 2 selected and
| ||||||
19 | approved by the county board from a certified list | ||||||
20 | furnished by
the chair of the county central committee of | ||||||
21 | the party with
the second largest number of members on the | ||||||
22 | county board. At the
central counting location a team of | ||||||
23 | tally judges shall open the
ballot box and canvass the | ||||||
24 | votes polled to determine that the
number of ballot sheets | ||||||
25 | therein agree with the number of voters
voting as shown by | ||||||
26 | the applications for ballot and, if the same do not agree, |
| |||||||
| |||||||
1 | the tally judges shall
make such ballots agree with the | ||||||
2 | number of applications for
ballot in the manner provided | ||||||
3 | by Section 17-18 of this
Code. The tally judges shall then | ||||||
4 | examine all ballot sheets
that are in the ballot box to | ||||||
5 | determine whether they bear the
initials of the precinct | ||||||
6 | judge of election. If any ballot is not
initialed, it | ||||||
7 | shall be marked on the back "Defective", initialed
as to | ||||||
8 | that label by all tally judges immediately under the word
| ||||||
9 | "Defective", and not counted, but placed in the envelope | ||||||
10 | provided
for that purpose labeled "Defective Ballots | ||||||
11 | Envelope". An
overvote for one office shall invalidate | ||||||
12 | only the vote or count
for that particular office.
| ||||||
13 | At the central counting location, a team of tally | ||||||
14 | judges
designated by the election official in charge of | ||||||
15 | the election
shall deliver the ballot sheets to the | ||||||
16 | technicians operating the
automatic Precinct Tabulation | ||||||
17 | Optical Scan Technology tabulating
equipment. Any | ||||||
18 | discrepancies between the number of ballots and
total | ||||||
19 | number of voters shall be noted on a sheet furnished for
| ||||||
20 | that purpose and signed by the tally judges.
| ||||||
21 | (b) Regardless of which procedure described in subsection
| ||||||
22 | (a) of this Section is used, the judges of election designated | ||||||
23 | to
transport the ballots properly signed and sealed,
shall | ||||||
24 | ensure that the ballots are delivered to the
central counting | ||||||
25 | station no later than 12 hours after the polls
close. At the | ||||||
26 | central counting station, a team of tally judges
designated by |
| |||||||
| |||||||
1 | the election official in charge of the election
shall examine | ||||||
2 | the ballots so transported and shall not accept
ballots for | ||||||
3 | tabulating which are not signed and sealed as
provided in | ||||||
4 | subsection (a) of this Section until the judges
transporting | ||||||
5 | the ballots make and sign the necessary corrections.
Upon | ||||||
6 | acceptance of the ballots by a team of tally judges at the
| ||||||
7 | central counting station, the election judges transporting the
| ||||||
8 | ballots shall take a receipt signed by the election official | ||||||
9 | in
charge of the election and stamped with the date and time of
| ||||||
10 | acceptance. The election judges whose duty it is to transport
| ||||||
11 | any ballots shall, in the event the ballots cannot be found | ||||||
12 | when
needed, on proper request, produce the receipt which they | ||||||
13 | are to
take as above provided.
| ||||||
14 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
15 | (10 ILCS 5/24B-10.1)
| ||||||
16 | Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | ||||||
17 | for Counting and
Tallying Ballots. In an election
jurisdiction | ||||||
18 | where Precinct Tabulation Optical Scan Technology
counting | ||||||
19 | equipment is used, the following procedures for
counting and | ||||||
20 | tallying the ballots shall apply:
| ||||||
21 | Before the opening of the polls, and before the ballots | ||||||
22 | are
entered into the automatic tabulating equipment, the | ||||||
23 | judges of
election shall be sure that the totals are all zeros | ||||||
24 | in the
counting column. Ballots may then be counted by | ||||||
25 | entering or scanning
each ballot into the automatic tabulating |
| |||||||
| |||||||
1 | equipment.
Throughout the election day and before the closing | ||||||
2 | of the polls, no person
may check any vote totals for any | ||||||
3 | candidate or proposition on the automatic
tabulating | ||||||
4 | equipment. Such automatic tabulating equipment shall be | ||||||
5 | programmed
so that no person may reset the equipment for | ||||||
6 | refeeding of ballots unless
provided a code from an authorized | ||||||
7 | representative of the election
authority.
At the option of the | ||||||
8 | election authority, the ballots may be fed into the
Precinct | ||||||
9 | Tabulation Optical Scan Technology
equipment by the voters | ||||||
10 | under the direct
supervision of the judges of elections.
| ||||||
11 | Immediately after the closing of the polls, the precinct | ||||||
12 | judges of election shall open the ballot box
and count the | ||||||
13 | number of ballots to determine if the
number agrees with the | ||||||
14 | number of voters voting as shown on the
Precinct Tabulation | ||||||
15 | Optical Scan Technology equipment and by the
applications for | ||||||
16 | ballot or, if the same do not agree, the judges
of election | ||||||
17 | shall make the ballots agree with the applications
for ballot | ||||||
18 | in the manner provided by Section 17-18 of this Code.
The | ||||||
19 | judges of election shall then examine all ballots which are
in | ||||||
20 | the ballot box to determine whether the ballots contain the
| ||||||
21 | initials of a precinct judge of election. If any ballot is not
| ||||||
22 | initialed, it shall be marked on the back "Defective", | ||||||
23 | initialed
as to such label by all judges immediately under the | ||||||
24 | word
"Defective" and not counted. The judges of election shall | ||||||
25 | place
an initialed blank official ballot in the place of the | ||||||
26 | defective
ballot, so that the count of the ballots to be |
| |||||||
| |||||||
1 | counted
on the automatic tabulating equipment will be the | ||||||
2 | same, and each
"Defective Ballot" and "Replacement" ballot | ||||||
3 | shall contain the
same serial number which shall be placed | ||||||
4 | thereon by the judges of
election, beginning with number 1 and | ||||||
5 | continuing consecutively
for the ballots of that kind in that | ||||||
6 | precinct. The original
"Defective" ballot shall be placed in | ||||||
7 | the "Defective Ballot
Envelope" provided for that purpose.
| ||||||
8 | If the judges of election have removed a ballot pursuant | ||||||
9 | to Section 17-18,
have labeled "Defective" a ballot which is | ||||||
10 | not initialed, or have otherwise
determined under this Code to | ||||||
11 | not count a ballot originally deposited into a
ballot box, the | ||||||
12 | judges of election shall be sure that the totals on the
| ||||||
13 | automatic tabulating equipment are reset to all zeros in the | ||||||
14 | counting column.
Thereafter the judges of election shall enter | ||||||
15 | or otherwise scan each ballot
to be counted in the
automatic | ||||||
16 | tabulating equipment. Resetting the automatic tabulating | ||||||
17 | equipment
to all zeros and re-entering of ballots to be | ||||||
18 | counted may occur at the precinct
polling place, the office of | ||||||
19 | the election authority, or any receiving station
designated by | ||||||
20 | the election authority. The election authority shall designate
| ||||||
21 | the place for resetting and re-entering or re-scanning.
| ||||||
22 | When a Precinct Tabulation Optical Scan Technology
| ||||||
23 | electronic voting system is used which uses a paper ballot,
| ||||||
24 | the judges of election shall examine the ballot for write-in
| ||||||
25 | votes. When the voter has cast a write-in vote, the judges of
| ||||||
26 | election shall compare the write-in vote with the votes on the
|
| |||||||
| |||||||
1 | ballot to determine whether the write-in results in an | ||||||
2 | overvote
for any office, unless the Precinct Tabulation | ||||||
3 | Optical Scan
Technology equipment has already done so. In case | ||||||
4 | of an overvote
for any office, the judges of election, | ||||||
5 | consisting in each case
of at least one judge of election of | ||||||
6 | each of the 2 major
political parties, shall make a true | ||||||
7 | duplicate ballot of all
votes on such ballot except for the | ||||||
8 | office which is
overvoted, by using the ballot of the precinct | ||||||
9 | and one of the
marking devices, or equivalent ballot, of the | ||||||
10 | precinct so as to transfer
all votes
of
the voter, except for | ||||||
11 | the office overvoted, to a duplicate
ballot. The original | ||||||
12 | ballot upon which there is an overvote
shall be clearly | ||||||
13 | labeled "Overvoted Ballot", and each such
"Overvoted Ballot" | ||||||
14 | as well as its "Replacement" shall contain the
same serial | ||||||
15 | number which shall be placed thereon by the judges of
| ||||||
16 | election, beginning with number 1 and continuing consecutively
| ||||||
17 | for the ballots of that kind in that precinct. The "Overvoted
| ||||||
18 | Ballot" shall be placed in an envelope provided for that | ||||||
19 | purpose
labeled "Duplicate Ballot" envelope, and the judges of | ||||||
20 | election
shall initial the "Replacement" ballots and shall | ||||||
21 | place them with
the other ballots to be counted on the | ||||||
22 | automatic tabulating
equipment.
| ||||||
23 | If any ballot is damaged , or defective, or if any ballot
| ||||||
24 | otherwise contains a Voting Defect, so that it cannot properly | ||||||
25 | be counted
by the automatic tabulating equipment, the voter or | ||||||
26 | the judges of
election, consisting in each case of at least one |
| |||||||
| |||||||
1 | judge of
election of each of the 2 major political parties, | ||||||
2 | shall make a
true duplicate ballot of all votes on such ballot | ||||||
3 | by using the
ballot of the precinct and one of the marking | ||||||
4 | devices of the
precinct, or equivalent. If a damaged ballot, | ||||||
5 | the original ballot shall be
clearly labeled "Damaged Ballot" | ||||||
6 | and the ballot so produced shall
be clearly labeled "Damaged | ||||||
7 | Ballot" and the ballot
so produced shall be clearly labeled | ||||||
8 | "Duplicate Damaged Ballot", and each
shall contain the same | ||||||
9 | serial number which shall be placed
by the judges of election, | ||||||
10 | beginning with number 1 and
continuing consecutively for the | ||||||
11 | ballots of that kind in the
precinct. The judges of election | ||||||
12 | shall initial the "Duplicate
Damaged Ballot" ballot and shall | ||||||
13 | enter or otherwise scan the duplicate
damaged
ballot into the | ||||||
14 | automatic tabulating equipment. The "Damaged
Ballots" shall be | ||||||
15 | placed in the "Duplicated Ballots" envelope;
after all ballots | ||||||
16 | have been successfully read, the judges of
election shall | ||||||
17 | check to make certain that the Precinct Tabulation
Optical | ||||||
18 | Scan Technology equipment readout agrees with the number
of | ||||||
19 | voters making application for ballot in that precinct. The
| ||||||
20 | number shall be listed on the "Statement of Ballots" form
| ||||||
21 | provided by the election authority.
| ||||||
22 | The totals for all candidates and propositions shall be | ||||||
23 | tabulated. One copy of an "In-Precinct Totals Report" shall be | ||||||
24 | generated by the automatic tabulating equipment for return to | ||||||
25 | the election authority. One copy of an "In-Precinct Totals | ||||||
26 | Report" shall be generated and posted in a conspicuous place |
| |||||||
| |||||||
1 | inside the polling place, provided that any authorized | ||||||
2 | pollwatcher or other official authorized to be present in the | ||||||
3 | polling place to observe the counting of ballots is present.
| ||||||
4 | The judges of election shall
provide, if requested, a copy
for | ||||||
5 | each authorized pollwatcher or other official authorized to
be | ||||||
6 | present in the polling place to observe the counting of
| ||||||
7 | ballots. In addition, sufficient time shall be
provided by the | ||||||
8 | judges of election to the pollwatchers to allow
them to copy | ||||||
9 | information from the copy which has been posted.
| ||||||
10 | The judges of election shall count all unused ballots and
| ||||||
11 | enter the number on the "Statement of Ballots". All "Spoiled",
| ||||||
12 | "Defective" and "Duplicated" ballots shall be counted and the
| ||||||
13 | number entered on the "Statement of Ballots".
| ||||||
14 | The precinct judges of election shall select a bi-partisan
| ||||||
15 | team of 2 judges, who shall immediately return the ballots in a
| ||||||
16 | sealed container, along with all other election materials as
| ||||||
17 | instructed by the election authority; provided, however, that
| ||||||
18 | such container must first be sealed by the election judges | ||||||
19 | with
filament tape or other approved sealing devices provided | ||||||
20 | for the
purpose which shall be wrapped around the container | ||||||
21 | lengthwise
and crosswise, at least twice each way, in a manner | ||||||
22 | that the
ballots cannot be removed from the container without | ||||||
23 | breaking
the seal and filament tape and disturbing any | ||||||
24 | signatures affixed
by the election judges to the container, or | ||||||
25 | which other approved
sealing devices are affixed in a manner | ||||||
26 | approved by the election
authority. The election authority |
| |||||||
| |||||||
1 | shall keep the office of the
election authority or any | ||||||
2 | receiving stations designated by the
authority, open for at | ||||||
3 | least 12 consecutive hours after the polls
close or until the | ||||||
4 | ballots from all precincts with in-precinct
counting equipment | ||||||
5 | within the jurisdiction of the election
authority have been | ||||||
6 | returned to the election authority. Ballots
returned to the | ||||||
7 | office of the election authority which are not
signed and | ||||||
8 | sealed as required by law shall not be accepted by the
election | ||||||
9 | authority until the judges returning the ballots make and
sign | ||||||
10 | the necessary corrections. Upon acceptance of the ballots
by | ||||||
11 | the election authority, the judges returning the ballots shall
| ||||||
12 | take a receipt signed by the election authority and stamped | ||||||
13 | with
the time and date of the return. The election judges whose | ||||||
14 | duty
it is to return any ballots as provided shall, in the
| ||||||
15 | event the ballots cannot be found when needed, on proper
| ||||||
16 | request, produce the receipt which they are to take as above
| ||||||
17 | provided. The precinct judges of election shall also deliver
| ||||||
18 | the Precinct Tabulation Optical Scan Technology equipment to | ||||||
19 | the
election authority.
| ||||||
20 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
21 | 95-699, eff. 11-9-07.)
| ||||||
22 | (10 ILCS 5/24B-14)
| ||||||
23 | Sec. 24B-14. Damaged , defective, or unreadable ballots; | ||||||
24 | duplicates Ballots; Duplicates . | ||||||
25 | If any ballot is
damaged , or defective , or so that it cannot |
| |||||||
| |||||||
1 | otherwise properly be counted by the
automatic Precinct | ||||||
2 | Tabulation Optical Scan Technology tabulating
equipment, a | ||||||
3 | true duplicate copy shall be made of the damaged
ballot in the | ||||||
4 | presence of witnesses and substituted for the
original damaged | ||||||
5 | ballot. Likewise, a duplicate ballot shall be made of a
| ||||||
6 | defective ballot which shall not include the invalid votes | ||||||
7 | appearing on the original ballot . All
duplicate ballots shall | ||||||
8 | be clearly labeled "Duplicate", shall
bear a serial number | ||||||
9 | which shall be registered on the damaged , or
defective , or | ||||||
10 | otherwise unreadable ballot, and shall be counted in lieu of | ||||||
11 | the damaged , or
defective , or otherwise unreadable ballot.
| ||||||
12 | (Source: P.A. 89-394, eff. 1-1-97.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|