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1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing Section
5 24C-12 as follows:
 
6     (10 ILCS 5/24C-12)
7     Sec. 24C-12. Procedures for Counting and Tallying of
8 Ballots. In an election jurisdiction where a Direct Recording
9 Electronic Voting System is used, the following procedures for
10 counting and tallying the ballots shall apply:
11     Before the opening of the polls, the judges of elections
12 shall assemble the voting equipment and devices and turn the
13 equipment on. The judges shall, if necessary, take steps to
14 activate the voting devices and counting equipment by inserting
15 into the equipment and voting devices appropriate data cards
16 containing passwords and data codes that will select the proper
17 ballot formats selected for that polling place and that will
18 prevent inadvertent or unauthorized activation of the
19 poll-opening function. Before voting begins and before ballots
20 are entered into the voting devices, the judges of election
21 shall cause to be printed a record of the following: the
22 election's identification data, the device's unit
23 identification, the ballot's format identification, the
24 contents of each active candidate register by office and of
25 each active public question register showing that they contain
26 all zero votes, all ballot fields that can be used to invoke
27 special voting options, and other information needed to ensure
28 the readiness of the equipment and to accommodate
29 administrative reporting requirements. The judges must also
30 check to be sure that the totals are all zeros in the counting
31 columns and in the public counter affixed to the voting
32 devices.

 

 

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1     After the judges have determined that a person is qualified
2 to vote, a voting device with the proper ballot to which the
3 voter is entitled shall be enabled to be used by the voter. The
4 ballot may then be cast by the voter by marking by appropriate
5 means the designated area of the ballot for the casting of a
6 vote for any candidate or for or against any public question.
7 The voter shall be able to vote for any and all candidates and
8 public measures appearing on the ballot in any legal number and
9 combination and the voter shall be able to delete, change or
10 correct his or her selections before the ballot is cast. The
11 voter shall be able to select candidates whose names do not
12 appear upon the ballot for any office by entering
13 electronically as many names of candidates as the voter is
14 entitled to select for each office.
15     Upon completing his or her selection of candidates or
16 public questions, the voter shall signify that voting has been
17 completed by activating the appropriate button, switch or
18 active area of the ballot screen associated with end of voting.
19 Upon activation, the voting system shall record an image of the
20 completed ballot, increment the proper ballot position
21 registers, and shall signify to the voter that the ballot has
22 been cast. Upon activation, the voting system shall also print
23 a permanent paper record of each ballot cast as defined in
24 Section 24C-2 of this Code. This permanent paper record shall
25 (i) be printed in a clear, readily readable format that can be
26 easily reviewed by the voter for completeness and accuracy and
27 (ii) either be self-contained within the voting device or be
28 deposited by the voter into a secure ballot box. No permanent
29 paper record shall be removed from the polling place except by
30 election officials as authorized by this Article. All permanent
31 paper records shall be preserved and secured by election
32 officials in the same manner as paper ballots and shall be
33 available as an official record for any recount, redundant
34 count, or verification or retabulation of the vote count
35 conducted with respect to any election in which the voting
36 system is used. The voter shall exit the voting station and the

 

 

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1 voting system shall prevent any further attempt to vote until
2 it has been properly re-activated. If a voting device has been
3 enabled for voting but the voter leaves the polling place
4 without casting a ballot, 2 judges of election, one from each
5 of the 2 major political parties, shall spoil the ballot.
6     Throughout the election day and before the closing of the
7 polls, no person may check any vote totals for any candidate or
8 public question on the voting or counting equipment. Such
9 equipment shall be programmed so that no person may reset the
10 equipment for reentry of ballots unless provided the proper
11 code from an authorized representative of the election
12 authority.
13     The precinct judges of election shall check the public
14 register to determine whether the number of ballots counted by
15 the voting equipment agrees with the number of voters voting as
16 shown by the applications for ballot. If the same do not agree,
17 the judges of election shall immediately contact the offices of
18 the election authority in charge of the election for further
19 instructions. If the number of ballots counted by the voting
20 equipment agrees with the number of voters voting as shown by
21 the application for ballot, the number shall be listed on the
22 "Statement of Ballots" form provided by the election authority.
23     Except as otherwise provided in this Section, the The
24 totals for all candidates and propositions shall be tabulated;
25 and 4 copies of a "Certificate of Results" shall be printed by
26 the automatic tabulating equipment; one copy shall be posted in
27 a conspicuous place inside the polling place; and every effort
28 shall be made by the judges of election to provide a copy for
29 each authorized pollwatcher or other official authorized to be
30 present in the polling place to observe the counting of
31 ballots; but in no case shall the number of copies to be made
32 available to pollwatchers be fewer than 4, chosen by lot by the
33 judges of election. In addition, sufficient time shall be
34 provided by the judges of election to the pollwatchers to allow
35 them to copy information from the copy which has been posted.
36     Until December 31, 2007, in elections at which fractional

 

 

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1 cumulative votes are cast for candidates, the tabulation of
2 those fractional cumulative votes may be made by the election
3 authority at its central office location, and 4 copies of a
4 "Certificate of Results" shall be printed by the automatic
5 tabulation equipment and shall be posted in 4 conspicuous
6 places at the central office location where those fractional
7 cumulative votes have been tabulated.
8     If instructed by the election authority, the judges of
9 election shall cause the tabulated returns to be transmitted
10 electronically to the offices of the election authority via
11 modem or other electronic medium.
12     The precinct judges of election shall select a bi-partisan
13 team of 2 judges, who shall immediately return the ballots in a
14 sealed container, along with all other election materials and
15 equipment as instructed by the election authority; provided,
16 however, that such container must first be sealed by the
17 election judges with filament tape or other approved sealing
18 devices provided for the purpose in a manner that the ballots
19 cannot be removed from the container without breaking the seal
20 or filament tape and disturbing any signatures affixed by the
21 election judges to the container. The election authority shall
22 keep the office of the election authority, or any receiving
23 stations designated by the authority, open for at least 12
24 consecutive hours after the polls close or until the ballots
25 and election material and equipment from all precincts within
26 the jurisdiction of the election authority have been returned
27 to the election authority. Ballots and election materials and
28 equipment returned to the office of the election authority
29 which are not signed and sealed as required by law shall not be
30 accepted by the election authority until the judges returning
31 the ballots make and sign the necessary corrections. Upon
32 acceptance of the ballots and election materials and equipment
33 by the election authority, the judges returning the ballots
34 shall take a receipt signed by the election authority and
35 stamped with the time and date of the return. The election
36 judges whose duty it is to return any ballots and election

 

 

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1 materials and equipment as provided shall, in the event the
2 ballots, materials or equipment cannot be found when needed, on
3 proper request, produce the receipt which they are to take as
4 above provided.
5 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.