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Rep. John A. Fritchey
Filed: 5/7/2008
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09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
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| AMENDMENT TO HOUSE BILL 2673
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| AMENDMENT NO. ______. Amend House Bill 2673, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Election Code is amended by changing |
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| Sections
1-7, 16-3, 16-6, 17-11, 22-15.1, 24-1, 24A-5.1, |
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| 24A-16,
24B-5.1, 24B-16, 24C-1, and 24C-11 as follows:
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| (10 ILCS 5/1-7)
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| Sec. 1-7. No straight party voting. Notwithstanding any |
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| provision of law
to the contrary, straight party voting by a |
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| single vote is not permitted in
Illinois , except at the 2008 |
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| general election .
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| (Source: P.A. 89-700, eff. 1-17-97.)
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| (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
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| Sec. 16-3. (a) The names of all candidates to be voted for |
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| in each
election district or precinct shall be printed on one |
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| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of |
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| this Act and except as otherwise
provided in this Act with |
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| respect to the odd year regular elections and
the emergency |
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| referenda; all nominations
of any political party being placed |
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| under the party appellation or title
of such party as |
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| designated in the certificates of nomination or
petitions. The |
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| names of all independent candidates shall be printed upon
the |
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| ballot in a column or columns under the heading "independent"
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| arranged under the names or titles of the respective offices |
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| for which
such independent candidates shall have been nominated |
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| and so far as
practicable, the name or names of any independent |
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| candidate or
candidates for any office shall be printed upon |
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| the ballot opposite the
name or names of any candidate or |
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| candidates for the same office
contained in any party column or |
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| columns upon said ballot. The ballot
shall contain no other |
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| names, except that in cases of electors for
President and |
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| Vice-President of the United States, the names of the
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| candidates for President and Vice-President may be added to the |
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| party
designation and words calculated to aid the voter in his |
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| choice of candidates
may be added, such as "Vote for one," |
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| "Vote for three." When an electronic
voting system is used |
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| which utilizes a ballot label booklet, the candidates
and |
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| questions shall appear on the pages of such booklet in the |
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| order
provided by this Code; and, in any case where candidates |
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| for an office
appear on a page which does not contain the name |
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| of any candidate for
another office, and where less than 50% of |
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| the page is utilized, the name of
no candidate shall be printed |
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| on the lowest 25% of such page. On the back or
outside of the |
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| ballot, so as to appear when folded, shall be printed the words
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| "Official Ballot", followed by the designation of the polling |
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| place for
which the ballot is prepared, the date of the |
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| election and a facsimile
of the signature of the election |
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| authority who has caused the ballots to
be printed. The ballots |
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| shall be of plain white paper, through which the
printing or |
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| writing cannot be read. However, ballots for use at the
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| nonpartisan and consolidated elections may be printed on |
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| different color
paper, except blue paper, whenever necessary or |
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| desirable to facilitate
distinguishing between ballots for |
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| different political subdivisions. In
the case of nonpartisan |
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| elections for officers of a political
subdivision, unless the |
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| statute or an ordinance adopted pursuant to
Article VII of the |
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| Constitution providing the form of government
therefor |
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| requires otherwise, the column listing such nonpartisan
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| candidates shall be printed with no appellation or circle at |
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| its head.
The party appellation or title, or the word |
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| "independent" at the head of
any column provided for |
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| independent candidates, shall be printed in letters not less |
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| than one-fourth of an inch in height
and a
circle one-half inch |
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| in diameter shall be printed at the beginning of
the line in |
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| which such appellation or title is printed, provided,
however, |
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| that no such circle shall be printed at the head of any column
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| or columns provided for such independent candidates. The names |
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| of
candidates shall be printed in letters not less than |
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| one-eighth
nor more than one-fourth of an inch in height, and |
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| at the beginning of
each line in which a name of a candidate is |
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| printed a square shall be
printed, the sides of which shall be |
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| not less than one-fourth of an inch
in length. However, the |
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| names of the candidates for Governor and
Lieutenant Governor on |
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| the same ticket shall be printed within a bracket
and a single |
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| square shall be printed in front of the bracket. The list
of |
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| candidates of the several parties and any such list of |
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| independent
candidates shall be placed in separate columns on |
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| the ballot in such
order as the election authorities charged |
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| with the printing of the
ballots shall decide; provided, that |
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| the names of the candidates of the
several political parties, |
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| certified by the State Board of Elections to
the several county |
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| clerks shall be printed by the county clerk of the
proper |
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| county on the official ballot in the order certified by the |
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| State
Board of Elections. Any county clerk refusing, neglecting |
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| or failing to
print on the official ballot the names of |
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| candidates of the several
political parties in the order |
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| certified by the State Board of
Elections, and any county clerk |
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| who prints or causes to be printed upon
the official ballot the |
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| name of a candidate, for an office to be filled
by the Electors |
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| of the entire State, whose name has not been duly
certified to |
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| him upon a certificate signed by the State Board of
Elections |
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| shall be guilty of a Class C misdemeanor.
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| (b) When an electronic voting system is used which utilizes |
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| a ballot
card,
on the inside flap of each ballot card envelope |
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| there shall be printed
a form for write-in voting which shall |
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| be substantially as follows:
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| WRITE-IN VOTES
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| (See card of instructions for specific information. |
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| Duplicate form below
by hand for additional write-in votes.)
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| _____________________________
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| Title of Office
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| ( ) ____________________________
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| Name of Candidate
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| Write-in lines equal to the number of candidates for which |
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| a voter may vote shall be printed for an office only if one or |
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| more persons filed declarations of intent to be write-in |
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| candidates or qualify to file declarations to be write-in |
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| candidates under Sections 17-16.1 and 18-9.1 when the |
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| certification of ballot contains the words "OBJECTION |
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| PENDING".
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| (c) When an electronic voting system is used which uses a |
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| ballot sheet,
the
instructions to voters on the ballot sheet |
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| shall refer the voter to the
card of instructions for specific |
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| information on write-in voting. Below
each office appearing on |
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| such ballot sheet there shall be a provision for
the casting of |
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| a write-in vote. Write-in lines equal to the number of |
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| candidates for which a voter may vote shall be printed for an |
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| office only if one or more persons filed declarations of intent |
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| to be write-in candidates or qualify to file declarations to be |
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| write-in candidates under Sections 17-16.1 and 18-9.1 when the |
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| certification of ballot contains the words "OBJECTION |
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| PENDING".
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| (d) When such electronic system is used, there shall be |
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| printed on the
back of each ballot card, each ballot card |
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| envelope, and
the first page of the ballot label when a ballot |
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| label is used, the
words "Official Ballot," followed by the |
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| number of the
precinct or other precinct identification, which |
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| may be stamped, in lieu
thereof and, as applicable, the number |
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| and name of the township, ward
or other election district for |
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| which the ballot card, ballot card
envelope, and ballot label |
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| are prepared, the date of the election and a
facsimile of the |
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| signature of the election authority who has caused the
ballots |
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| to be printed. The back of the ballot card shall also include
a |
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| method of identifying the ballot configuration such as a |
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| listing of the
political subdivisions and districts for which |
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| votes may be cast on that
ballot, or a number code identifying |
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| the ballot configuration or color coded
ballots, except that |
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| where there is only one ballot configuration in a
precinct, the |
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| precinct identification, and any applicable ward
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| identification, shall be sufficient. Ballot card envelopes |
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| used in punch
card systems shall be of paper through which no |
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| writing or punches may be
discerned and shall be of sufficient |
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| length to enclose all voting
positions. However, the election |
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| authority may provide
ballot card envelopes on which no |
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| precinct number or township, ward or
other election district |
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| designation, or election date are preprinted, if
space and a |
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| preprinted form are provided below the space provided for
the |
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| names of write-in candidates where such information may be |
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| entered
by the judges of election. Whenever an election |
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| authority utilizes
ballot card envelopes on which the election |
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| date and precinct is not
preprinted, a judge of election shall |
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| mark such information for the
particular precinct and election |
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| on the envelope in ink before tallying
and counting any |
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| write-in vote written thereon.
If some method of insuring |
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| ballot secrecy other than an envelope is used,
such information |
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| must be provided on the ballot itself.
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| (e) In the designation of the name of a candidate on the |
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| ballot, the
candidate's given name or names, initial or |
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| initials, a nickname by
which the candidate is commonly known, |
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| or a combination thereof, may be
used in addition to the |
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| candidate's surname. If a candidate has changed his or her |
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| name, whether by a statutory or common law procedure in |
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| Illinois or any other jurisdiction, within 3 years before the |
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| last day for filing the petition for nomination, nomination |
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| papers, or certificate of nomination for that office, whichever |
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| is applicable, then (i) the candidate's name on the ballot must |
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| be followed by "formerly known as (list all prior names during |
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| the 3-year period) until name changed on (list date of each |
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| such name change)" and (ii) the petition, papers, or |
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| certificate must be accompanied by the candidate's affidavit |
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| stating the candidate's previous names during the period |
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| specified in (i) and the date or dates each of those names was |
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| changed; failure to meet these requirements shall be grounds |
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| for denying certification of the candidate's name for the |
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| ballot or removing the candidate's name from the ballot, as |
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| appropriate, but these requirements do not apply to name |
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| changes resulting from adoption to assume an adoptive parent's |
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| or parents' surname, marriage to assume a spouse's surname, or |
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| dissolution of marriage or declaration of invalidity of |
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| marriage to assume a former surname. No other designation such
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| as a political slogan, title, or degree or nickname suggesting |
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| or
implying possession of a
title, degree or professional |
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| status, or similar information may be used
in connection with |
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| the candidate's surname.
For purposes of this Section, a |
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| "political slogan" is defined as any
word or words expressing |
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| or connoting a position, opinion, or belief that the
candidate |
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| may espouse, including but not limited to, any word or words
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| conveying any meaning other than that of the personal identity |
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| of the
candidate. A
candidate may not use a political slogan as |
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| part of his or her name on the
ballot, notwithstanding that the |
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| political slogan may be part of the
candidate's name.
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| (f) The State Board of Elections, a local election |
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| official, or an
election
authority shall remove any candidate's |
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| name designation from a ballot that is
inconsistent with |
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| subsection (e) of this Section. In addition, the State Board
of |
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| Elections, a local election official, or an election authority |
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| shall not
certify to any election authority any candidate name |
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| designation that is
inconsistent with subsection (e) of this |
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| Section.
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| (g) If the State Board of Elections, a local election |
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| official, or an
election
authority removes a candidate's name |
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| designation from a ballot under
subsection (f) of this Section, |
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| then the aggrieved candidate may seek
appropriate relief in |
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| circuit court.
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| Where voting machines or electronic voting systems are |
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| used, the
provisions of this Section may be modified as |
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| required or authorized by
Article 24 or Article 24A, whichever |
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| is applicable.
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| Nothing in this Section shall prohibit election |
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| authorities from using
or reusing ballot card envelopes which |
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| were printed before the effective
date of this amendatory Act |
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| of 1985.
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| (h) At the 2008 general election, the name of each |
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| political party that has candidates' names printed on the |
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| ballot shall be printed at the top of the ballot preceding the |
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| titles of offices and the names of candidates. Above the names |
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| of the established political party or parties shall be printed |
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| the heading "Straight Party Ballot" and below such heading |
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| shall be printed appropriate instructions to the voter for |
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| marking a straight party ballot. Next to the name or |
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| appellation of such established political party or parties |
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| shall be a place for marking the ballot to indicate a voter's |
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| selection of all candidates of such political party. A ballot |
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| so marked shall be counted as cast for all of the candidates of |
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| that party and shall be known as a "straight party ballot" or a |
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| "straight ticket ballot". |
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| (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07.)
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| (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
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| Sec. 16-6. Whenever one or more proposals for amendment of |
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| the
constitution or the calling of a constitutional convention |
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| or any
combination thereof is or are to be voted upon by the |
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| people, the
proposition or propositions for the adoption or |
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| rejection of such
amendment or amendments or convention shall |
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| be submitted upon a ballot
separate from the "Official Ballot" |
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| containing the names of candidates
for State and other offices |
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| to be voted at such election. Such separate
ballot shall be |
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| printed upon paper of a distinctly blue color and shall,
as |
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| near as may be practicable, be of uniform size and blue color, |
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| but
any variation in the size of such ballots or in the |
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| tincture of blue
employed shall not affect or impair the |
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| validity thereof. Preceding
each proposal to amend the |
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| constitution shall be printed the brief
explanation of the |
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| amendment, prepared by the General Assembly, or in the
case of |
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| a proposed amendment initiated by petition pursuant to Section
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| 3 of Article XIV of the Constitution of the State of Illinois |
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| by the principal
proponents of the amendment as approved by the |
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| Attorney General, and
immediately below the explanation, the |
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| proposition shall be printed in
substantially the following |
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| form:
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| -------------------------------------------------------------
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| YES For the proposed amendment
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| ---------- to Article ______ (or Section
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| NO _______ of Article ______) of
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| the Constitution.
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| -------------------------------------------------------------
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| In the case of a proposition for the calling of a |
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| constitutional
convention, such proposition shall be printed |
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| in substantially the
following form:
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| -------------------------------------------------------------
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| YES For the calling
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| ---------- of a Constitutional
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| NO Convention.
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| -------------------------------------------------------------
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| On the back or outside of the ballot so as to appear when |
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| folded,
shall be printed the words "CONSTITUTION BALLOT", |
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| followed by the
designation of the polling place for which the |
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| ballot is prepared, the
date of the election and a facsimile of |
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| the signature of the clerk or
other officer who has caused the |
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| ballots to be printed. Immediately
above the words |
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| "CONSTITUTION BALLOT" in the case of a proposition for
the |
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| calling of a constitutional convention the following legend |
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| shall be
printed in bold face type:
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| "NOTICE
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| THE FAILURE TO VOTE THIS BALLOT IS THE EQUIVALENT OF A |
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| NEGATIVE VOTE.
(THIS IS NOT TO BE CONSTRUED AS A DIRECTION THAT |
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| YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR OF OR IN |
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| OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
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| WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO |
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| THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
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| Immediately above the words "CONSTITUTION BALLOT" in the |
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| case of a
proposition to amend the Constitution the following |
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| legend shall be
printed in bold face type:
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| "NOTICE
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| WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO |
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| THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
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| If a proposition for the calling of a constitutional |
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| convention is
submitted at the same election as one or more |
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| propositions to amend the
constitution, the proposition for the |
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| calling of a constitutional
convention shall be printed at the |
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| top of the ballot. In such case, the
back or outside of the |
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| ballot shall be printed the same as if it were a
proposal |
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| solely to amend the constitution.
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| Where voting machines or electronic voting systems are |
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| used, the
provisions of this Section may be modified as |
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| required or authorized by
Article 24 , 24A, 24B, or 24C or |
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| Article 24A , whichever is applicable.
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| (Source: P.A. 81-163 .)
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| (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
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| Sec. 17-11. On receipt of his ballot the voter shall |
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| forthwith, and
without leaving the inclosed space, retire |
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| alone, or accompanied by children as provided in Section 17-8,
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| to one of the voting
booths so provided and shall prepare his |
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| ballot by making in the
appropriate margin or place a cross (X) |
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| opposite the name of the
candidate of his choice for each |
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| office to be filled, or by writing in
the name of the candidate |
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| of his choice in a blank space on said ticket,
making a cross |
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| (X) opposite thereto; and in case of a question submitted
to |
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| the vote of the people, by making in the appropriate margin or |
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| place
a cross (X) against the answer he desires to give. A |
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| cross (X) in the
square in front of the bracket enclosing the |
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| names of a team of
candidates for Governor and Lieutenant |
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| Governor counts as one vote for
each of such candidates. At the |
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| 2008 general election, if the voter desires to vote for all of |
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| the candidates of one established political party, he or she |
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| may place such mark in the appropriate space reserved for |
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| marking a straight party ballot as provided in Section 16-3 of |
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| this Code. A ballot so marked in this manner shall be counted |
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| as cast for all of the candidates of that party. If the voter |
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| marks the space reserved for marking a straight party ballot |
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| and then proceeds to mark the ballot for one or more candidates |
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| of a different political party, an independent candidate, or a |
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| write-in candidate, the ballot so marked shall be counted as |
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| cast for all the candidates of the political party for which |
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| the straight party vote was cast, except as to candidates for |
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| offices for which the voter has marked the ballot for another |
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| candidate, in which case the ballot shall be counted for such |
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| other candidate or candidates. A ballot marked in this manner |
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| shall be known as a "split ticket" or a "split ticket ballot". |
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| Before leaving the voting booth the voter shall fold
his
ballot |
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| in such manner as to conceal the marks thereon. He shall then
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| vote forthwith in the manner herein provided, except that the |
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| number
corresponding to the number of the voter on the poll |
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| books shall not be
indorsed on the back of his ballot. He shall |
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| mark and deliver his ballot
without undue delay, and shall quit |
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| said inclosed space as soon as he
has voted; except that |
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| immediately after voting, the voter shall be instructed whether |
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| the voting equipment, if used, accepted or rejected the ballot |
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| or identified the ballot as under-voted for a statewide |
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| constitutional office. A voter whose ballot is identified as |
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| under-voted may return to the voting booth and complete the |
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| voting of that ballot. A voter whose ballot is not accepted by |
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| the voting equipment may, upon surrendering the ballot, request |
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| and vote another ballot. The voter's surrendered ballot shall |
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| be initialed by the election judge and handled as provided in |
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| the appropriate Article governing that voting equipment. |
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| No voter shall be allowed to occupy a voting booth already
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| occupied by another, nor remain within said inclosed space more |
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| than ten
minutes, nor to occupy a voting booth more than five |
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| minutes in case all
of said voting booths are in use and other |
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| voters waiting to occupy the
same. No voter not an election |
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09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
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| officer, shall, after having voted, be
allowed to re-enter said |
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| inclosed space during said election. No person
shall take or |
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| remove any ballot from the polling place before the close
of |
4 |
| the poll. No voter shall vote or offer to vote any ballot |
5 |
| except such
as he has received from the judges of election in |
6 |
| charge of the ballots.
Any voter who shall, by accident or |
7 |
| mistake, spoil his ballot, may, on
returning said spoiled |
8 |
| ballot, receive another in place thereof only after
the word |
9 |
| "spoiled" has been written in ink diagonally across the entire
|
10 |
| face of the ballot returned by the voter.
|
11 |
| Where voting machines or electronic voting systems are |
12 |
| used, the
provisions of this section may be modified as |
13 |
| required or authorized by
Article 24,
24A, 24B, or 24C, |
14 |
| whichever is applicable, except that the requirements of this |
15 |
| Section that (i) the voter must be notified of the voting |
16 |
| equipment's acceptance or rejection of the voter's ballot or |
17 |
| identification of an under-vote for a statewide constitutional |
18 |
| office and (ii) the voter shall have the opportunity to correct |
19 |
| an under-vote or surrender the ballot that was not accepted and |
20 |
| vote another ballot shall not be modified.
|
21 |
| (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
|
22 |
| (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
|
23 |
| Sec. 22-15.1. (a) Within 60 days following the canvass
of |
24 |
| the general election within each election jurisdiction, the |
25 |
| election
authority shall
prepare, in typewritten or legible |
|
|
|
09500HB2673ham004 |
- 16 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| computer-generated form, a report of the
abstracts of votes by |
2 |
| precinct for all offices and
questions of public policy in |
3 |
| connection with which votes were cast within
the election |
4 |
| jurisdiction at the general election. The report shall
include |
5 |
| the total number of ballots cast within each precinct or ward , |
6 |
| and the
total
number of registered voters within each precinct |
7 |
| or ward , and, in 2008, in those election
jurisdictions in which |
8 |
| electronic voting systems are used, the total number of
|
9 |
| straight-party ballots cast at the general election . The |
10 |
| election
authority shall provide a copy of the report to the |
11 |
| chairman of the county
central committee of each established |
12 |
| political party in the county within
which the election |
13 |
| jurisdiction is contained, and shall make a reasonable
number |
14 |
| of copies of the report available for distribution to the |
15 |
| public.
|
16 |
| (b) Within 60 days after the effective date of this |
17 |
| amendatory Act of
1985, each election authority shall prepare, |
18 |
| in typewritten or legible
computer-generated form, a report of |
19 |
| the type required
by subsection (a) concerning the general |
20 |
| election of 1984. The election
authority shall provide a copy |
21 |
| of the report to the chairman of the county
central committee |
22 |
| of each established political party in the county in
which the |
23 |
| election jurisdiction is contained, and shall make a reasonable
|
24 |
| number of copies of the report available for distribution to |
25 |
| the public.
|
26 |
| (c) An election authority may charge a fee to reimburse the |
|
|
|
09500HB2673ham004 |
- 17 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| actual cost
of duplicating each copy of a report provided |
2 |
| pursuant to subsection (a) or
(b).
|
3 |
| (Source: P.A. 94-645, eff. 8-22-05.)
|
4 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
|
5 |
| Sec. 24-1. The election authority in all jurisdictions when |
6 |
| voting machines
are used shall, except as otherwise provided in |
7 |
| this Code,
provide a voting machine or voting
machines for any |
8 |
| or all of the election precincts or election districts,
as the |
9 |
| case may be, for which the election authority is by law charged |
10 |
| with the
duty of conducting an election or
elections.
A voting |
11 |
| machine or machines sufficient in number to provide a machine |
12 |
| for each
400 voters or fraction thereof shall be supplied for |
13 |
| use at all
elections. However, no such voting machine shall be |
14 |
| used,
purchased, or adopted, and no person or entity may have a |
15 |
| written contract, including a contract contingent upon |
16 |
| certification of the voting machines, to sell, lease, or loan |
17 |
| voting machines to an election authority, until the board of |
18 |
| voting machine commissioners
hereinafter provided for, or a |
19 |
| majority thereof, shall have made and
filed a report certifying |
20 |
| that they have examined such machine; that it
affords each |
21 |
| elector an opportunity to vote in absolute secrecy; that it
|
22 |
| enables each elector to vote a straight-party ticket at the |
23 |
| 2008 general election only; that it
enables
each elector to |
24 |
| vote a ticket selected in part from the nominees of one
party, |
25 |
| and in part from the nominees of any or all other parties, and |
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
|
1 |
| in
part from independent nominees printed in the columns of |
2 |
| candidates for
public office, and in part of persons not in |
3 |
| nomination by any party or
upon any independent ticket; that it |
4 |
| enables each elector to vote a
written or printed ballot of his |
5 |
| own selection, for any person for any
office for whom he may |
6 |
| desire to vote; that it enables each elector to
vote for all |
7 |
| candidates for whom he is entitled to vote, and prevents
him |
8 |
| from voting for any candidate for any office more than once, |
9 |
| unless
he is lawfully entitled to cast more than one vote for |
10 |
| one candidate,
and in that event permits him to cast only as |
11 |
| many votes for that
candidate as he is by law entitled, and no |
12 |
| more; that it prevents the
elector from voting for more than |
13 |
| one person for the same office, unless
he is lawfully entitled |
14 |
| to vote for more than one person therefor, and
in that event |
15 |
| permits him to vote for as many persons for that office as
he |
16 |
| is by law entitled, and no more; that it identifies when an |
17 |
| elector has not voted for all statewide constitutional offices; |
18 |
| and that such machine will register
correctly by means of exact |
19 |
| counters every vote cast for the regular
tickets thereon; and |
20 |
| has the capacity to contain the tickets of at least
5 political |
21 |
| parties with the names of all the candidates thereon,
together |
22 |
| with all propositions in the form provided by law, where such
|
23 |
| form is prescribed, and where no such provision is made for the |
24 |
| form
thereof, then in brief form, not to exceed 75 words; that |
25 |
| all votes cast
on the machine on a regular ballot or ballots |
26 |
| shall be registered; that
voters may, by means of irregular |
|
|
|
09500HB2673ham004 |
- 19 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| ballots or otherwise vote for any
person for any office, |
2 |
| although such person may not have been nominated
by any party |
3 |
| and his name may not appear on such machine; that when a
vote |
4 |
| is cast for any person for any such office, when his name does |
5 |
| not
appear on the machine, the elector cannot vote for any |
6 |
| other name on the
machine for the same office; that each |
7 |
| elector can, understandingly and
within the period of 4 minutes |
8 |
| cast his vote for all candidates of his
choice; that the |
9 |
| machine is so constructed that the candidates for
presidential |
10 |
| electors of any party can be voted for only by voting for
the |
11 |
| ballot label containing a bracket within which are the names of |
12 |
| the
candidates for President and Vice-President of the party or |
13 |
| group; that
the machine is provided with a lock or locks by the |
14 |
| use of which any
movement of the voting or registering |
15 |
| mechanism is absolutely prevented
so that it cannot be tampered |
16 |
| with or manipulated for any purpose; that
the machine is |
17 |
| susceptible of being closed during the progress of the
voting |
18 |
| so that no person can see or know the number of votes |
19 |
| registered
for any candidate; that each elector is permitted to |
20 |
| vote for or against
any question, proposition or amendment upon |
21 |
| which he is entitled to
vote, and is prevented from voting for |
22 |
| or against any question,
proposition or amendment upon which he |
23 |
| is not entitled to vote; that the
machine is capable of |
24 |
| adjustment by the election authority,
so as to permit
the |
25 |
| elector, at a party primary election, to vote only for the
|
26 |
| candidates seeking nomination by the political party in which |
|
|
|
09500HB2673ham004 |
- 20 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| primary he
is entitled to vote: Provided, also that no such |
2 |
| machine or machines
shall be purchased, unless the party or |
3 |
| parties making the sale shall
guarantee in writing to keep the |
4 |
| machine or machines in good working
order for 5 years without |
5 |
| additional cost and shall give a sufficient
bond conditioned to |
6 |
| that effect.
|
7 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
8 |
| (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
|
9 |
| Sec. 24A-5.1.
For the instruction of voters on election |
10 |
| day, the election official in
charge of the election shall |
11 |
| provide at each polling place one
instruction-model electronic |
12 |
| voting system marking device. Each such
instruction-model |
13 |
| shall show the arrangement of party rows, office columns
and |
14 |
| questions. Such model shall be located at a place which voters |
15 |
| must
pass to reach the official marking device used in the |
16 |
| actual casting of
votes.
|
17 |
| Before entering the voting booth each voter shall be |
18 |
| offered instruction
in the operation of the marking device by |
19 |
| use of the instruction-model and
the voter shall be given ample |
20 |
| opportunity to operate the model by himself.
In instructing |
21 |
| voters, no precinct official may show partiality to any
|
22 |
| political party , and, at the 2008 general election only, when |
23 |
| instructing a voter on how to vote a straight
ticket for one |
24 |
| political party the precinct official shall at the same time
|
25 |
| instruct the voter how to vote a straight ticket for any other |
|
|
|
09500HB2673ham004 |
- 21 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| political
party that appears on the ballot label .
The duties of |
2 |
| instruction shall be
discharged by a judge from each of the |
3 |
| political parties represented and
they shall alternate serving |
4 |
| as instructor so that each judge shall serve a
like time at |
5 |
| such duties. No instructions may be given after the voter has
|
6 |
| entered the voting booth.
|
7 |
| No precinct official, or person assisting a voter may in |
8 |
| any manner
request, suggest, or seek to persuade or induce any |
9 |
| voter to cast his vote
for any particular ticket, candidate, |
10 |
| amendment, question or proposition.
All instructions shall be |
11 |
| given by precinct officials in such a manner that
it may be |
12 |
| observed by other persons in the polling place.
|
13 |
| (Source: P.A. 89-700, eff. 1-17-97.)
|
14 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
|
15 |
| Sec. 24A-16. The State Board of Elections shall approve all |
16 |
| voting
systems provided by this Article. |
17 |
| No voting system shall be approved
unless it fulfills the |
18 |
| following requirements:
|
19 |
| (1) It enables a voter to vote in absolute secrecy;
|
20 |
| (2) It enables a voter, at the 2008 general election |
21 |
| only, to vote a straight-party ticket (Blank) ;
|
22 |
| (3) It enables a voter to vote a ticket selected in |
23 |
| part from the
nominees of one party, and in part from the |
24 |
| nominees of any or all parties,
and in part from |
25 |
| independent candidates and in part of candidates whose
|
|
|
|
09500HB2673ham004 |
- 22 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| names are written in by the voter;
|
2 |
| (4) It enables a voter to vote a written or printed |
3 |
| ticket of his own
selection for any person for any office |
4 |
| for whom he may desire to vote;
|
5 |
| (5) It will reject all votes for an office or upon a |
6 |
| proposition when
the voter has cast more votes for such |
7 |
| office or upon such proposition than
he is entitled to |
8 |
| cast;
|
9 |
| (5.5) It will identify when a voter has not voted for |
10 |
| all statewide constitutional offices;
|
11 |
| (6) It will accommodate all propositions to be |
12 |
| submitted to the voters
in the form provided by law or, |
13 |
| where no such form is provided, then in
brief form, not to |
14 |
| exceed 75 words.
|
15 |
| The State Board of Elections shall not approve any voting |
16 |
| equipment or system that includes an external Infrared Data |
17 |
| Association (IrDA) communications port.
|
18 |
| The State Board of Elections is authorized to withdraw its |
19 |
| approval of a
voting system if the system fails to fulfill the |
20 |
| above requirements.
|
21 |
| The vendor, person, or other private entity shall be solely |
22 |
| responsible for the production and cost of: all application |
23 |
| fees; all ballots; additional temporary workers; and other |
24 |
| equipment or facilities needed and used in the testing of the |
25 |
| vendor's, person's, or other private entity's respective |
26 |
| equipment and software.
|
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
|
1 |
| Any voting system vendor, person, or other private entity |
2 |
| seeking the State Board of Elections' approval of a voting |
3 |
| system shall, as part of the approval application, submit to |
4 |
| the State Board a non-refundable fee. The State Board of |
5 |
| Elections by rule shall establish an appropriate fee structure, |
6 |
| taking into account the type of voting system approval that is |
7 |
| requested (such as approval of a new system, a modification of |
8 |
| an existing system, the size of the modification, etc.). No |
9 |
| voting system or modification of a voting system shall be |
10 |
| approved unless the fee is paid.
|
11 |
| No vendor, person, or other entity may sell, lease, or |
12 |
| loan, or have a written contract, including a contract |
13 |
| contingent upon State Board approval of the voting system or |
14 |
| voting system component, to sell, lease, or loan, a voting
|
15 |
| system or voting system component to any election jurisdiction |
16 |
| unless the
voting system or voting system component is first |
17 |
| approved by the State
Board of Elections pursuant to this |
18 |
| Section.
|
19 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
20 |
| (10 ILCS 5/24B-5.1)
|
21 |
| Sec. 24B-5.1. Instruction of Voters; Instruction
Model; |
22 |
| Partiality to Political Party; Manner of Instruction.
Before |
23 |
| entering the voting booth each voter shall be offered
|
24 |
| instruction in the marking of the Precinct Tabulation Optical
|
25 |
| Scan Technology ballot sheet. In instructing voters, no |
|
|
|
09500HB2673ham004 |
- 24 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| precinct
official may show partiality to any political party , |
2 |
| and, at the 2008 general election, when instructing a
voter on |
3 |
| how to vote a straight ticket for one political party the |
4 |
| precinct
official shall at the same time instruct the voter how |
5 |
| to vote a straight
ticket for any other political party that |
6 |
| appears on the ballot label . The
duties of
instruction shall be |
7 |
| discharged by a judge from each of the
political parties |
8 |
| represented and they shall alternate serving as
instructor so |
9 |
| that each judge shall serve a like time at such
duties. No |
10 |
| instructions may be given after the voter has entered
the |
11 |
| voting booth.
|
12 |
| No precinct official, or person assisting a voter may in |
13 |
| any
manner request, suggest, or seek to persuade or induce any |
14 |
| voter
to cast his or her vote for any particular ticket, |
15 |
| candidate, amendment,
question or proposition. All |
16 |
| instructions shall be given by
precinct officials in a manner |
17 |
| that it may be observed by
other persons in the polling place.
|
18 |
| (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
|
19 |
| (10 ILCS 5/24B-16)
|
20 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
|
21 |
| Technology Voting Systems; Requisites. The State Board of
|
22 |
| Elections shall approve all Precinct Tabulation Optical Scan
|
23 |
| Technology voting systems provided by this Article.
|
24 |
| No Precinct Tabulation Optical Scan Technology voting |
25 |
| system
shall be approved unless it fulfills the following |
|
|
|
09500HB2673ham004 |
- 25 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| requirements:
|
2 |
| (a) It enables a voter to vote in absolute secrecy;
|
3 |
| (b) It enables a voter, at the 2008 general election |
4 |
| only, to vote a straight-party
ticket (Blank) ;
|
5 |
| (c) It enables a voter to vote a ticket selected in |
6 |
| part
from the nominees of one party, and in part from the |
7 |
| nominees of
any or all parties, and in part from |
8 |
| independent candidates, and
in part of candidates whose |
9 |
| names are written in by the voter;
|
10 |
| (d) It enables a voter to vote a written or printed |
11 |
| ticket
of his or her own selection for any person for any |
12 |
| office for whom he or she
may desire to vote;
|
13 |
| (e) It will reject all votes for an office or upon a
|
14 |
| proposition when the voter has cast more votes for the |
15 |
| office or
upon the proposition than he or she is entitled |
16 |
| to cast;
|
17 |
| (e-5) It will identify when a voter has not voted for |
18 |
| all statewide constitutional offices; and
|
19 |
| (f) It will accommodate all propositions to be |
20 |
| submitted to
the voters in the form provided by law or, |
21 |
| where no form is
provided, then in brief form, not to |
22 |
| exceed 75 words.
|
23 |
| The State Board of Elections shall not approve any voting |
24 |
| equipment or system that includes an external Infrared Data |
25 |
| Association (IrDA) communications port.
|
26 |
| The State Board of Elections is authorized to withdraw its
|
|
|
|
09500HB2673ham004 |
- 26 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| approval of a Precinct Tabulation Optical Scan Technology |
2 |
| voting
system if the system fails to fulfill the above |
3 |
| requirements.
|
4 |
| The vendor, person, or other private entity shall be solely |
5 |
| responsible for the production and cost of: all application |
6 |
| fees; all ballots; additional temporary workers; and other |
7 |
| equipment or facilities needed and used in the testing of the |
8 |
| vendor's, person's, or other private entity's respective |
9 |
| equipment and software.
|
10 |
| Any voting system vendor, person, or other private entity |
11 |
| seeking the State Board of Elections' approval of a voting |
12 |
| system shall, as part of the approval application, submit to |
13 |
| the State Board a non-refundable fee. The State Board of |
14 |
| Elections by rule shall establish an appropriate fee structure, |
15 |
| taking into account the type of voting system approval that is |
16 |
| requested (such as approval of a new system, a modification of |
17 |
| an existing system, the size of the modification, etc.). No |
18 |
| voting system or modification of a voting system shall be |
19 |
| approved unless the fee is paid.
|
20 |
| No vendor, person, or other entity may sell, lease, or |
21 |
| loan, or have a written contract, including a contract |
22 |
| contingent upon State Board approval of the voting system or |
23 |
| voting system component, to sell, lease, or loan, a
voting |
24 |
| system or Precinct Tabulation Optical Scan Technology
voting |
25 |
| system component to any election jurisdiction unless the
voting |
26 |
| system or voting system component is first approved by the
|
|
|
|
09500HB2673ham004 |
- 27 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| State Board of Elections pursuant to this Section.
|
2 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
3 |
| (10 ILCS 5/24C-1)
|
4 |
| Sec. 24C-1. Purpose ; straight ticket voting . |
5 |
| (a) The purpose of this Article is to
authorize the use of |
6 |
| Direct Recording Electronic Voting Systems
approved by the |
7 |
| State Board of Elections. In a Direct Recording
Electronic |
8 |
| Voting System, voters cast votes by means of a ballot
display |
9 |
| provided with mechanical or electro-optical devices that
can be |
10 |
| activated by the voters to mark their choices for the
|
11 |
| candidates of their preference and for or against public
|
12 |
| questions. Such voting devices shall be capable of
|
13 |
| instantaneously recording such votes, storing such votes,
|
14 |
| producing a permanent paper record and tabulating such votes at
|
15 |
| the precinct or at one or more counting stations. This Article
|
16 |
| authorizes the use of Direct Recording Electronic Voting |
17 |
| Systems
for in-precinct counting applications and for |
18 |
| in-person absentee
voting in the office of the election |
19 |
| authority and in the
offices of local officials authorized by |
20 |
| the election authority
to conduct such absentee voting. All |
21 |
| other absentee ballots
must be counted at the office of the |
22 |
| election authority.
|
23 |
| (b) This Article shall be implemented to permit straight |
24 |
| ticket voting, at the 2008 general election only, as authorized |
25 |
| by this Code. |
|
|
|
09500HB2673ham004 |
- 28 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| (Source: P.A. 93-574, eff. 8-21-03.)
|
2 |
| (10 ILCS 5/24C-11)
|
3 |
| Sec. 24C-11. Functional requirements. A Direct Recording |
4 |
| Electronic Voting System shall, in
addition to satisfying the |
5 |
| other requirements of this Article,
fulfill the following |
6 |
| functional requirements:
|
7 |
| (a) Provide a voter in a primary election with the means
of |
8 |
| casting a ballot containing votes for any and all candidates
of |
9 |
| the party or parties of his or her choice, and for any and
all |
10 |
| non-partisan candidates and public questions and preclude
the |
11 |
| voter from voting for any candidate of any other political
|
12 |
| party except when legally permitted. In a general election, the
|
13 |
| system shall provide the voter with means of selecting the
|
14 |
| appropriate number of candidates for any office, and of voting
|
15 |
| on any public question on the ballot to which he or she is
|
16 |
| entitled to vote.
|
17 |
| (b) If a voter is not entitled to vote for particular
|
18 |
| candidates or public questions appearing on the ballot, the
|
19 |
| system shall prevent the selection of the prohibited votes.
|
20 |
| (c) Once the proper ballot has been selected, the
system |
21 |
| devices shall provide a means of enabling the recording
of |
22 |
| votes and the casting of said ballot.
|
23 |
| (d) System voting devices shall provide voting choices
that |
24 |
| are clear to the voter and labels indicating the names of
every |
25 |
| candidate and the text of every public question on the
voter's |
|
|
|
09500HB2673ham004 |
- 29 - |
LRB095 01097 JAM 49978 a |
|
|
1 |
| ballot. Each label shall identify the selection button
or |
2 |
| switch, or the active area of the ballot associated with it.
|
3 |
| The system shall be able to incorporate minimal, easy-to-follow
|
4 |
| on-screen instruction for the voter on how to cast a ballot.
|
5 |
| (e) Voting devices shall (i) enable the voter to vote for
|
6 |
| any and all candidates and public questions appearing on the
|
7 |
| ballot for which the voter is lawfully entitled to vote, in any
|
8 |
| legal number and combination , including, at the 2008 general |
9 |
| election only, a straight party ticket ; (ii) detect and reject |
10 |
| all votes
for an office or upon a public question when the |
11 |
| voter has cast
more votes for the office or upon the public |
12 |
| question than the
voter is entitled to cast; (iii) notify the |
13 |
| voter if the voter's
choices as recorded on the ballot for an |
14 |
| office or public
question are fewer than or exceed the number |
15 |
| that the voter is
entitled to vote for on that office or public |
16 |
| question and the
effect of casting more or fewer votes than |
17 |
| legally permitted; (iv) notify
the voter if the voter has |
18 |
| failed to completely cast a vote for
an office or public |
19 |
| question appearing on the ballot; and (v)
permit the voter, in |
20 |
| a private and independent manner, to verify
the votes selected |
21 |
| by the voter, to change the ballot or to
correct any error on |
22 |
| the ballot before the ballot is completely cast and
counted. A |
23 |
| means shall be provided to indicate each selection
after it has |
24 |
| been made or canceled.
|
25 |
| (f) System voting devices shall provide a means for the
|
26 |
| voter to signify that the selection of candidates and public
|
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| questions has been completed. Upon activation, the system shall
|
2 |
| record an image of the completed ballot, increment the proper
|
3 |
| ballot position registers, and shall signify to the voter that
|
4 |
| the ballot has been cast. The system shall then prevent any
|
5 |
| further attempt to vote until it has been reset or re-enabled |
6 |
| by
a judge of election.
|
7 |
| (g) Each system voting device shall be equipped with a
|
8 |
| public counter that can be set to zero prior to the opening of
|
9 |
| the polling place, and that records the number of ballots cast
|
10 |
| at a particular election. The counter shall be incremented only
|
11 |
| by the casting of a ballot. The counter shall be designed to
|
12 |
| prevent disabling or resetting by other than authorized persons
|
13 |
| after the polls close. The counter shall be visible to all
|
14 |
| judges of election so long as the device is installed at the
|
15 |
| polling place.
|
16 |
| (h) Each system voting device shall be equipped with a
|
17 |
| protective counter that records all of the testing and election
|
18 |
| ballots cast since the unit was built. This counter shall be
|
19 |
| designed so that its reading cannot be changed by any cause
|
20 |
| other than the casting of a ballot. The protective counter
|
21 |
| shall be incapable of ever being reset and it shall be visible
|
22 |
| at all times when the device is configured for testing,
|
23 |
| maintenance, or election use.
|
24 |
| (i) All system devices shall provide a means of preventing
|
25 |
| further voting once the polling place has closed and after all
|
26 |
| eligible voters have voted. Such means of control shall
|
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| incorporate a visible indication of system status. Each device
|
2 |
| shall prevent any unauthorized use, prevent tampering with
|
3 |
| ballot labels and preclude its re-opening once the poll closing
|
4 |
| has been completed for that election.
|
5 |
| (j) The system shall produce a printed summary report of
|
6 |
| the votes cast upon each voting device. Until the proper
|
7 |
| sequence of events associated with closing the polling place |
8 |
| has
been completed, the system shall not allow the printing of |
9 |
| a
report or the extraction of data. The printed report shall |
10 |
| also
contain all system audit information to be required by the
|
11 |
| election authority. Data shall not be altered or otherwise
|
12 |
| destroyed by report generation and the system shall ensure the
|
13 |
| integrity and security of data for a period of at least 6 |
14 |
| months
after the polls close.
|
15 |
| (k) If more than one voting device is used in a polling
|
16 |
| place, the system shall provide a means to manually or
|
17 |
| electronically consolidate the data from all such units into a
|
18 |
| single report even if different voting systems are used to
|
19 |
| record absentee ballots. The system shall also be capable of
|
20 |
| merging the vote tabulation results produced by other vote
|
21 |
| tabulation systems, if necessary.
|
22 |
| (l) System functions shall be implemented such that
|
23 |
| unauthorized access to them is prevented and the execution of
|
24 |
| authorized functions in an improper sequence is precluded.
|
25 |
| System functions shall be executable only in the intended |
26 |
| manner
and order, and only under the intended conditions. If |
|
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| the
preconditions to a system function have not been met, the
|
2 |
| function shall be precluded from executing by the system's
|
3 |
| control logic.
|
4 |
| (m) All system voting devices shall incorporate at least 3
|
5 |
| memories in the machine itself and in its programmable memory
|
6 |
| devices.
|
7 |
| (n) The system shall include capabilities of recording and
|
8 |
| reporting the date and time of normal and abnormal events and |
9 |
| of
maintaining a permanent record of audit information that |
10 |
| cannot
be turned off. Provisions shall be made to detect and |
11 |
| record
significant events (e.g., casting a ballot, error |
12 |
| conditions
that cannot be disposed of by the system itself, |
13 |
| time-dependent
or programmed events that occur without the |
14 |
| intervention of the
voter or a judge of election).
|
15 |
| (o) The system and each system voting device must be
|
16 |
| capable of creating, printing and maintaining a permanent paper
|
17 |
| record and an electronic image of each ballot that is cast such
|
18 |
| that records of individual ballots are maintained by a |
19 |
| subsystem
independent and distinct from the main vote |
20 |
| detection,
interpretation, processing and reporting path. The |
21 |
| electronic
images of each ballot must protect the integrity of |
22 |
| the data and
the anonymity of each voter, for example, by means |
23 |
| of storage
location scrambling. The ballot image records may be |
24 |
| either
machine-readable or manually transcribed, or both, at |
25 |
| the
discretion of the election authority.
|
26 |
| (p) The system shall include built-in test, measurement
and |
|
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| diagnostic software and hardware for detecting and reporting
|
2 |
| the system's status and degree of operability.
|
3 |
| (q) The system shall contain provisions for maintaining
the |
4 |
| integrity of memory voting and audit data during an election
|
5 |
| and for a period of at least 6 months thereafter and shall
|
6 |
| provide the means for creating an audit trail.
|
7 |
| (r) The system shall be fully accessible so as to permit |
8 |
| blind or
visually impaired voters as well as physically |
9 |
| disabled voters
to exercise their right to vote in private and |
10 |
| without
assistance.
|
11 |
| (s) The system shall provide alternative language
|
12 |
| accessibility if required pursuant to Section 203 of the Voting
|
13 |
| Rights Act of 1965.
|
14 |
| (t) Each voting device shall enable a voter to vote for a
|
15 |
| person whose name does not appear on the ballot.
|
16 |
| (u) The system shall record and count accurately each vote
|
17 |
| properly cast for or against any candidate and for or against
|
18 |
| any public question, including the names of all candidates |
19 |
| whose
names are written in by the voters.
|
20 |
| (v) The system shall allow for accepting provisional
|
21 |
| ballots and for separating such provisional ballots from
|
22 |
| precinct totals until authorized by the election authority.
|
23 |
| (w) The system shall provide an effective audit trail as
|
24 |
| defined in Section 24C-2 in this Code.
|
25 |
| (x) The system shall be suitably designed for the purpose
|
26 |
| used, be durably constructed, and be designed for safety,
|