98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1902

 

Introduced 2/15/2013, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-5  from Ch. 46, par. 7-5
10 ILCS 5/12-1  from Ch. 46, par. 12-1
10 ILCS 5/13-10  from Ch. 46, par. 13-10
10 ILCS 5/17-1  from Ch. 46, par. 17-1
10 ILCS 5/17-16  from Ch. 46, par. 17-16
10 ILCS 5/17-21  from Ch. 46, par. 17-21
10 ILCS 5/18-2  from Ch. 46, par. 18-2
10 ILCS 5/18A-5
10 ILCS 5/19-8  from Ch. 46, par. 19-8
10 ILCS 5/20-8  from Ch. 46, par. 20-8
10 ILCS 5/24A-10  from Ch. 46, par. 24A-10
10 ILCS 5/24B-10

    Amends the Election Code. Provides that polls shall be open until 6:00 p.m. (now, 7:00 p.m.). Provides that the portion of an election judge's daily compensation reimbursement by the State Board of Elections shall be $25 (rather than, is increased by an additional $20). Provides that the money (rather than, the increase) provided by the Board must be used to increase each judge's compensation. Makes conforming changes to references to the closing time of the polls. Effective immediately.


LRB098 06152 HLH 36193 b

 

 

A BILL FOR

 

SB1902LRB098 06152 HLH 36193 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-5, 12-1, 13-10, 17-1, 17-16, 17-21, 18-2, 18A-5,
619-8, 20-8, 24A-10, and 24B-10 as follows:
 
7    (10 ILCS 5/7-5)  (from Ch. 46, par. 7-5)
8    Sec. 7-5. (a) Primary elections shall be held on the dates
9prescribed in Article 2A.
10    (b) Notwithstanding the provisions of any other statute, no
11primary shall be held for an established political party in any
12township, municipality, or ward thereof, where the nomination
13of such party for every office to be voted upon by the electors
14of such township, municipality, or ward thereof, is
15uncontested. Whenever a political party's nomination of
16candidates is uncontested as to one or more, but not all, of
17the offices to be voted upon by the electors of a township,
18municipality, or ward thereof, then a primary shall be held for
19that party in such township, municipality, or ward thereof;
20provided that the primary ballot shall not include those
21offices within such township, municipality, or ward thereof,
22for which the nomination is uncontested. For purposes of this
23Article, the nomination of an established political party of a

 

 

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1candidate for election to an office shall be deemed to be
2uncontested where not more than the number of persons to be
3nominated have timely filed valid nomination papers seeking the
4nomination of such party for election to such office.
5    (c) Notwithstanding the provisions of any other statute, no
6primary election shall be held for an established political
7party for any special primary election called for the purpose
8of filling a vacancy in the office of representative in the
9United States Congress where the nomination of such political
10party for said office is uncontested. For the purposes of this
11Article, the nomination of an established political party of a
12candidate for election to said office shall be deemed to be
13uncontested where not more than the number of persons to be
14nominated have timely filed valid nomination papers seeking the
15nomination of such established party for election to said
16office. This subsection (c) shall not apply if such primary
17election is conducted on a regularly scheduled election day.
18    (d) Notwithstanding the provisions in subsection (b) and
19(c) of this Section whenever a person who has not timely filed
20valid nomination papers and who intends to become a write-in
21candidate for a political party's nomination for any office for
22which the nomination is uncontested files a written statement
23or notice of that intent with the State Board of Elections or
24the local election official with whom nomination papers for
25such office are filed, a primary ballot shall be prepared and a
26primary shall be held for that office. Such statement or notice

 

 

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1shall be filed on or before the date established in this
2Article for certifying candidates for the primary ballot. Such
3statement or notice shall contain (i) the name and address of
4the person intending to become a write-in candidate, (ii) a
5statement that the person is a qualified primary elector of the
6political party from whom the nomination is sought, (iii) a
7statement that the person intends to become a write-in
8candidate for the party's nomination, and (iv) the office the
9person is seeking as a write-in candidate. An election
10authority shall have no duty to conduct a primary and prepare a
11primary ballot for any office for which the nomination is
12uncontested, unless a statement or notice meeting the
13requirements of this Section is filed in a timely manner.
14    (e) The polls shall be open from 6:00 a.m. to 6:00 7:00
15p.m.
16(Source: P.A. 86-873.)
 
17    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
18    Sec. 12-1. At least 60 days prior to each general and
19consolidated election, the election authority shall provide
20public notice, calculated to reach elderly and handicapped
21voters, of the availability of registration and voting aids
22under the Federal Voting Accessibility for the Elderly and
23Handicapped Act, of the availability of assistance in marking
24the ballot, procedures for voting by absentee ballot, and
25procedures for voting early by personal appearance.

 

 

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1    At least 30 days before any general election, and at least
220 days before any special congressional election, the county
3clerk shall publish a notice of the election in 2 or more
4newspapers published in the county, city, village,
5incorporated town or town, as the case may be, or if there is
6no such newspaper, then in any 2 or more newspapers published
7in the county and having a general circulation throughout the
8community. The notice may be substantially as follows:
9    Notice is hereby given that on (give date), at (give the
10place of holding the election and the name of the precinct or
11district) in the county of (name county), an election will be
12held for (give the title of the several offices to be filled),
13which election will be open at 6:00 a.m. and continued open
14until 6:00 7:00 p.m. of that day.
15    Dated at .... on (insert date).
16(Source: P.A. 94-645, eff. 8-22-05.)
 
17    (10 ILCS 5/13-10)  (from Ch. 46, par. 13-10)
18    Sec. 13-10. The compensation of the judges of all primaries
19and all elections, except judges supervising absentee ballots
20as provided in Section 19-12.2 of this Act, in counties of less
21than 600,000 inhabitants shall be fixed by the respective
22county boards or boards of election commissioners in all
23counties and municipalities, but in no case shall such
24compensation be less than $35 per day. The compensation of
25judges of all primaries and all elections not under the

 

 

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1jurisdiction of the county clerk, except judges supervising
2absentee balloting as provided in Section 19-12.2 of this Act,
3in counties having a population of 2,000,000 or more shall be
4not less than $60 per day. The compensation of judges of all
5primaries and all elections under the jurisdiction of the
6county clerk, except judges supervising absentee balloting as
7provided in Section 19-12.2 of this Act, in counties having a
8population of 2,000,000 or more shall be not less than $60 per
9day. The compensation of judges of all primaries and all
10elections, except judges supervising absentee ballots as
11provided in Section 19-12.2 of this Act, in counties having a
12population of at least 600,000 but less than 2,000,000
13inhabitants shall be not less than $45 per day as fixed by the
14county board of election commissioners of each such county. In
15addition to their per day compensation and notwithstanding the
16limitations thereon stated herein, the judges of election, in
17all counties with a population of less than 600,000, shall be
18paid $3 each for each 100 voters or portion thereof, in excess
19of 200 voters voting for candidates in the election district or
20precinct wherein the judge is serving, whether a primary or an
21election is being held. However, no such extra compensation
22shall be paid to the judges of election in any precinct in
23which no paper ballots are counted by such judges of election.
24The 2 judges of election in counties having a population of
25less than 600,000 who deliver the returns to the county clerk
26shall each be allowed and paid a sum to be determined by the

 

 

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1election authority for such services and an additional sum per
2mile to be determined by the election authority for every mile
3necessarily travelled in going to and returning from the office
4or place to which they deliver the returns. The compensation
5for mileage shall be consistent with current rates paid for
6mileage to employees of the county.
7    However, all judges who have been certified by the County
8Clerk or Board of Election Commissioners as having
9satisfactorily completed, within the 2 years preceding the day
10of election, the training course for judges of election, as
11provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
12shall receive additional compensation of not less than $10 per
13day in counties of less than 600,000 inhabitants, the
14additional compensation of not less than $10 per day in
15counties having a population of at least 600,000 but less than
162,000,000 inhabitants as fixed by the county board of election
17commissioners of each such county, and additional compensation
18of not less than $20 per day in counties having a population of
192,000,000 or more for primaries and elections not under the
20jurisdiction of the county clerk, and additional compensation
21of not less than $20 per day in counties having a population of
222,000,000 or more for primaries and elections under the
23jurisdiction of the county clerk.
24    In precincts in which there are tally judges, the
25compensation of the tally judges shall be 2/3 of that of the
26judges of election and each holdover judge shall be paid the

 

 

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1compensation of a judge of election plus that of a tally judge.
2    Beginning on the effective date of this amendatory Act of
31998, the portion of an election judge's daily compensation
4reimbursed by the State Board of Elections is increased by $15.
5The increase provided by this amendatory Act of 1998 must be
6used to increase each judge's compensation and may not be used
7by the county to reduce its portion of a judge's compensation.
8    Beginning on the effective date of this amendatory Act of
9the 98th 95th General Assembly, the portion of an election
10judge's daily compensation reimbursement by the State Board of
11Elections shall be $25 is increased by an additional $20. The
12money increase provided by this amendatory Act of the 98th 95th
13General Assembly must be used to increase each judge's
14compensation and may not be used by the election authority or
15election jurisdiction to reduce its portion of a judge's
16compensation.
17(Source: P.A. 95-699, eff. 11-9-07.)
 
18    (10 ILCS 5/17-1)  (from Ch. 46, par. 17-1)
19    Sec. 17-1. The polls shall be opened at the hour of 6:00
20a.m. and continued open until 6:00 7:00 p.m. of the same day,
21at which time the polls shall be closed; but if the judges
22shall not attend at the hour of six o'clock in the morning, or
23if it shall be necessary for the electors present to appoint
24judges to conduct the election, as herein prescribed, the polls
25may, in that case, be opened at any hour before the time for

 

 

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1closing the same shall arrive, as the case may require.
2(Source: P.A. 81-850; 81-1149.)
 
3    (10 ILCS 5/17-16)  (from Ch. 46, par. 17-16)
4    Sec. 17-16. If the voter marks more candidates than there
5are persons to be elected to an office, or if for any reason it
6is impossible to determine the voter's choice for any office to
7be filled, his ballot shall not be counted for such office,
8provided that if the name of a candidate appears in more than
9one column on the ballot as authorized by this Act, and a
10ballot has been marked in his or her favor in more than one
11column and the voter's intention is otherwise ascertainable,
12the candidate shall receive only one vote from such ballot and
13the remaining votes cast for him or her on such ballot shall
14not be counted. No ballot without the official endorsement
15shall be deposited in the ballot box, and none but ballots
16provided in accordance with the provisions of this Act shall be
17counted. Ballots not counted shall be marked "defective" on the
18back thereof, and ballots to which objection has been made by
19either of the judges or challengers shall be marked "objected
20to" on the back thereof, and a memorandum signed by the judges
21stating how it was counted shall be written upon the back of
22each ballot so marked, and all ballots marked defective or
23objected to shall be enclosed in an envelope securely sealed
24and so marked and endorsed as to clearly disclose its contents.
25The envelope to be used for enclosing ballots marked

 

 

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1"defective" or "objected to" shall bear upon its face, in large
2type, the legend: "This envelope is for use after 6:00 7:00
3P.M. only." The envelope to be used for enclosing ballots
4spoiled by voters while attempting to vote shall bear upon its
5face, in large type, the legend: "This envelope is for use
6before 6:00 7:00 P.M. only." All ballots not voted, and all
7that have been spoiled by voters while attempting to vote,
8shall be returned by the judges of election to the county clerk
9and a receipt taken therefor, and shall be preserved 2 months;
10the county clerk shall keep a record of the number of ballots
11delivered for each polling place, the name of the person to
12whom and the time when delivered, and he shall also enter upon
13such record the number and character of ballots returned, with
14the time when and the person by whom they are returned.
15(Source: P.A. 84-861.)
 
16    (10 ILCS 5/17-21)  (from Ch. 46, par. 17-21)
17    Sec. 17-21. When the votes shall have been examined and
18counted, the judges shall set down on a sheet or return form to
19be supplied to them, the name of every person voted for,
20written or printed at full length, the office for which such
21person received such votes, and the number he did receive and
22such additional information as is necessary to complete, as
23nearly as circumstances will admit, the following form, to-wit:
24
TALLY SHEET AND CERTIFICATE OF
25
RESULTS

 

 

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1    We do hereby certify that at the .... election held in the
2precinct hereinafter (general or special) specified on (insert
3date) the .... day of ...., in the year of our Lord, one
4thousand nine hundred and ...., a total of .... voters
5requested and received ballots and we do further certify:
6    Number of blank ballots delivered to us ....
7    Number of absentee ballots delivered to us ....
8    Total number of ballots delivered to us ....
9    Number of blank and spoiled ballots returned.
10    (1) Total number of ballots cast (in box)....
11    .... Defective and Objected To ballots sealed in envelope
12    (2) .... Total number of ballots cast (in box)
13
Line (2) equals line (1)
14    We further certify that each of the candidates for
15representative in the General Assembly received the number of
16votes ascribed to him on the separate tally sheet.
17    We further certify that each candidate received the number
18of votes set forth opposite his name or in the box containing
19his name on the tally sheet contained in the page or pages
20immediately following our signatures.
21    The undersigned actually served as judges and counted the
22ballots at the election on the .... day of .... in the ....
23precinct of the (1) *township of ...., or (2) *City of ...., or
24(3) *.... ward in the city of .... and the polls were opened at
256:00 A.M. and closed at 6:00 7:00 P.M. Certified by us.
26
*Fill in either (1), (2) or (3)

 

 

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1        A B, ....(Address)
2        C D, ....(Address)
3        E F, ....(Address)
4        G H, ....(Address)
5        I J, ....(Address)
 
6    Each tally sheet shall be in substantially one of the
7following forms:
8-------------------------------------------------------------
9Candidate's
10Name ofCandidatesTotal
11officeNamesVote5101520
12---
13UnitedJohn Smith7711
14States
15Senator
16---
17---
18Names of candidates
19Name ofand total vote
20officefor each5101520
21---
22For UnitedJohn Smith
23States
24Senator
25Total Vote..................

 

 

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1---
2(Source: P.A. 89-700, eff. 1-17-97; revised 10-17-12.)
 
3    (10 ILCS 5/18-2)  (from Ch. 46, par. 18-2)
4    Sec. 18-2. In any municipality operating under Article 6 of
5this Act, the election polls shall be open at 6:00 a.m., and
6continued open until 6:00 7:00 p.m., of the same day, at which
7time the polls shall be closed, and no judge shall be behind
8time for more than 15 minutes after the time for opening such
9polls. Any judge may absent himself for a reasonable time but
10only during the casting of ballots, and upon leaving and
11returning, the judge shall sign a time sheet indicating the
12period of his absence. When absent for any cause, the judge
13shall authorize some one of the same political party with
14himself to act for him until his return.
15(Source: P.A. 81-850; 81-1149.)
 
16    (10 ILCS 5/18A-5)
17    Sec. 18A-5. Provisional voting; general provisions.
18    (a) A person who claims to be a registered voter is
19entitled to cast a provisional ballot under the following
20circumstances:
21        (1) The person's name does not appear on the official
22    list of eligible voters for the precinct in which the
23    person seeks to vote. The official list is the centralized
24    statewide voter registration list established and

 

 

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1    maintained in accordance with Section 1A-25;
2        (2) The person's voting status has been challenged by
3    an election judge, a pollwatcher, or any legal voter and
4    that challenge has been sustained by a majority of the
5    election judges;
6        (3) A federal or State court order extends the time for
7    closing the polls beyond the time period established by
8    State law and the person votes during the extended time
9    period;
10        (4) The voter registered to vote by mail and is
11    required by law to present identification when voting
12    either in person or by absentee ballot, but fails to do so;
13        (5) The voter's name appears on the list of voters who
14    voted during the early voting period, but the voter claims
15    not to have voted during the early voting period; or
16        (6) The voter received an absentee ballot but did not
17    return the absentee ballot to the election authority.
18    (b) The procedure for obtaining and casting a provisional
19ballot at the polling place shall be as follows:
20        (1) After first verifying through an examination of the
21    precinct register that the person's address is within the
22    precinct boundaries, an election judge at the polling place
23    shall notify a person who is entitled to cast a provisional
24    ballot pursuant to subsection (a) that he or she may cast a
25    provisional ballot in that election. An election judge must
26    accept any information provided by a person who casts a

 

 

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1    provisional ballot that the person believes supports his or
2    her claim that he or she is a duly registered voter and
3    qualified to vote in the election. However, if the person's
4    residence address is outside the precinct boundaries, the
5    election judge shall inform the person of that fact, give
6    the person the appropriate telephone number of the election
7    authority in order to locate the polling place assigned to
8    serve that address, and instruct the person to go to the
9    proper polling place to vote.
10        (2) The person shall execute a written form provided by
11    the election judge that shall state or contain all of the
12    following that is available:
13             (i) an affidavit stating the following:
14                State of Illinois, County of ................,
15            Township ............., Precinct ........, Ward
16            ........, I, ......................., do solemnly
17            swear (or affirm) that: I am a citizen of the
18            United States; I am 18 years of age or older; I
19            have resided in this State and in this precinct for
20            30 days preceding this election; I have not voted
21            in this election; I am a duly registered voter in
22            every respect; and I am eligible to vote in this
23            election. Signature ...... Printed Name of Voter
24            ....... Printed Residence Address of Voter ......
25            City ...... State .... Zip Code ..... Telephone
26            Number ...... Date of Birth ....... and Illinois

 

 

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1            Driver's License Number ....... or Last 4 digits of
2            Social Security Number ...... or State
3            Identification Card Number issued to you by the
4            Illinois Secretary of State........
5            (ii) A box for the election judge to check one of
6        the 6 reasons why the person was given a provisional
7        ballot under subsection (a) of Section 18A-5.
8            (iii) An area for the election judge to affix his
9        or her signature and to set forth any facts that
10        support or oppose the allegation that the person is not
11        qualified to vote in the precinct in which the person
12        is seeking to vote.
13        The written affidavit form described in this
14    subsection (b)(2) must be printed on a multi-part form
15    prescribed by the county clerk or board of election
16    commissioners, as the case may be.
17        (3) After the person executes the portion of the
18    written affidavit described in subsection (b)(2)(i) of
19    this Section, the election judge shall complete the portion
20    of the written affidavit described in subsection
21    (b)(2)(iii) and (b)(2)(iv).
22        (4) The election judge shall give a copy of the
23    completed written affidavit to the person. The election
24    judge shall place the original written affidavit in a
25    self-adhesive clear plastic packing list envelope that
26    must be attached to a separate envelope marked as a

 

 

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1    "provisional ballot envelope". The election judge shall
2    also place any information provided by the person who casts
3    a provisional ballot in the clear plastic packing list
4    envelope. Each county clerk or board of election
5    commissioners, as the case may be, must design, obtain or
6    procure self-adhesive clear plastic packing list envelopes
7    and provisional ballot envelopes that are suitable for
8    implementing this subsection (b)(4) of this Section.
9        (5) The election judge shall provide the person with a
10    provisional ballot, written instructions for casting a
11    provisional ballot, and the provisional ballot envelope
12    with the clear plastic packing list envelope affixed to it,
13    which contains the person's original written affidavit
14    and, if any, information provided by the provisional voter
15    to support his or her claim that he or she is a duly
16    registered voter. An election judge must also give the
17    person written information that states that any person who
18    casts a provisional ballot shall be able to ascertain,
19    pursuant to guidelines established by the State Board of
20    Elections, whether the provisional vote was counted in the
21    official canvass of votes for that election and, if the
22    provisional vote was not counted, the reason that the vote
23    was not counted.
24        (6) After the person has completed marking his or her
25    provisional ballot, he or she shall place the marked ballot
26    inside of the provisional ballot envelope, close and seal

 

 

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1    the envelope, and return the envelope to an election judge,
2    who shall then deposit the sealed provisional ballot
3    envelope into a securable container separately identified
4    and utilized for containing sealed provisional ballot
5    envelopes. Ballots that are provisional because they are
6    cast after 6:00 7:00 p.m. by court order shall be kept
7    separate from other provisional ballots. Upon the closing
8    of the polls, the securable container shall be sealed with
9    filament tape provided for that purpose, which shall be
10    wrapped around the box lengthwise and crosswise, at least
11    twice each way, and each of the election judges shall sign
12    the seal.
13    (c) Instead of the affidavit form described in subsection
14(b), the county clerk or board of election commissioners, as
15the case may be, may design and use a multi-part affidavit form
16that is imprinted upon or attached to the provisional ballot
17envelope described in subsection (b). If a county clerk or
18board of election commissioners elects to design and use its
19own multi-part affidavit form, then the county clerk or board
20of election commissioners shall establish a mechanism for
21accepting any information the provisional voter has supplied to
22the election judge to support his or her claim that he or she
23is a duly registered voter. In all other respects, a county
24clerk or board of election commissioners shall establish
25procedures consistent with subsection (b).
26    (d) The county clerk or board of election commissioners, as

 

 

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1the case may be, shall use the completed affidavit form
2described in subsection (b) to update the person's voter
3registration information in the State voter registration
4database and voter registration database of the county clerk or
5board of election commissioners, as the case may be. If a
6person is later determined not to be a registered voter based
7on Section 18A-15 of this Code, then the affidavit shall be
8processed by the county clerk or board of election
9commissioners, as the case may be, as a voter registration
10application.
11(Source: P.A. 97-766, eff. 7-6-12.)
 
12    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
13    Sec. 19-8. Time and place of counting ballots.
14    (a) (Blank.)
15    (b) Each absent voter's ballot returned to an election
16authority, by any means authorized by this Article, and
17received by that election authority before the closing of the
18polls on election day shall be endorsed by the receiving
19election authority with the day and hour of receipt and shall
20be counted in the central ballot counting location of the
21election authority on the day of the election after 6:00 7:00
22p.m., except as provided in subsections (g) and (g-5).
23    (c) Each absent voter's ballot that is mailed to an
24election authority and postmarked by the midnight preceding the
25opening of the polls on election day, but that is received by

 

 

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1the election authority after the polls close on election day
2and before the close of the period for counting provisional
3ballots cast at that election, shall be endorsed by the
4receiving authority with the day and hour of receipt and shall
5be counted at the central ballot counting location of the
6election authority during the period for counting provisional
7ballots.
8    Each absent voter's ballot that is mailed to an election
9authority absent a postmark, but that is received by the
10election authority after the polls close on election day and
11before the close of the period for counting provisional ballots
12cast at that election, shall be endorsed by the receiving
13authority with the day and hour of receipt, opened to inspect
14the date inserted on the certification, and, if the
15certification date is a date preceding the election day and the
16ballot is otherwise found to be valid under the requirements of
17this Section, counted at the central ballot counting location
18of the election authority during the period for counting
19provisional ballots. Absent a date on the certification, the
20ballot shall not be counted.
21    (d) Special write-in absentee voter's blank ballots
22returned to an election authority, by any means authorized by
23this Article, and received by the election authority at any
24time before the closing of the polls on election day shall be
25endorsed by the receiving election authority with the day and
26hour of receipt and shall be counted at the central ballot

 

 

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1counting location of the election authority during the same
2period provided for counting absent voters' ballots under
3subsections (b), (g), and (g-5). Special write-in absentee
4voter's blank ballots that are mailed to an election authority
5and postmarked by the midnight preceding the opening of the
6polls on election day, but that are received by the election
7authority after the polls close on election day and before the
8closing of the period for counting provisional ballots cast at
9that election, shall be endorsed by the receiving authority
10with the day and hour of receipt and shall be counted at the
11central ballot counting location of the election authority
12during the same periods provided for counting absent voters'
13ballots under subsection (c).
14    (e) Except as otherwise provided in this Section, absent
15voters' ballots and special write-in absentee voter's blank
16ballots received by the election authority after the closing of
17the polls on an election day shall be endorsed by the election
18authority receiving them with the day and hour of receipt and
19shall be safely kept unopened by the election authority for the
20period of time required for the preservation of ballots used at
21the election, and shall then, without being opened, be
22destroyed in like manner as the used ballots of that election.
23    (f) Counting required under this Section to begin on
24election day after the closing of the polls shall commence no
25later than 8:00 p.m. and shall be conducted by a panel or
26panels of election judges appointed in the manner provided by

 

 

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1law. The counting shall continue until all absent voters'
2ballots and special write-in absentee voter's blank ballots
3required to be counted on election day have been counted.
4    (g) The procedures set forth in Articles 17 and 18 of this
5Code shall apply to all ballots counted under this Section. In
6addition, within 2 days after an absentee ballot, other than an
7in-person absentee ballot, is received, but in all cases before
8the close of the period for counting provisional ballots, the
9election judge or official shall compare the voter's signature
10on the certification envelope of that absentee ballot with the
11signature of the voter on file in the office of the election
12authority. If the election judge or official determines that
13the 2 signatures match, and that the absentee voter is
14otherwise qualified to cast an absentee ballot, the election
15authority shall cast and count the ballot on election day or
16the day the ballot is determined to be valid, whichever is
17later, adding the results to the precinct in which the voter is
18registered. If the election judge or official determines that
19the signatures do not match, or that the absentee voter is not
20qualified to cast an absentee ballot, then without opening the
21certification envelope, the judge or official shall mark across
22the face of the certification envelope the word "Rejected" and
23shall not cast or count the ballot.
24    In addition to the voter's signatures not matching, an
25absentee ballot may be rejected by the election judge or
26official:

 

 

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1        (1) if the ballot envelope is open or has been opened
2    and resealed;
3        (2) if the voter has already cast an early or grace
4    period ballot;
5        (3) if the voter voted in person on election day or the
6    voter is not a duly registered voter in the precinct; or
7        (4) on any other basis set forth in this Code.
8    If the election judge or official determines that any of
9these reasons apply, the judge or official shall mark across
10the face of the certification envelope the word "Rejected" and
11shall not cast or count the ballot.
12    (g-5) If an absentee ballot, other than an in-person
13absentee ballot, is rejected by the election judge or official
14for any reason, the election authority shall, within 2 days
15after the rejection but in all cases before the close of the
16period for counting provisional ballots, notify the absentee
17voter that his or her ballot was rejected. The notice shall
18inform the voter of the reason or reasons the ballot was
19rejected and shall state that the voter may appear before the
20election authority, on or before the 14th day after the
21election, to show cause as to why the ballot should not be
22rejected. The voter may present evidence to the election
23authority supporting his or her contention that the ballot
24should be counted. The election authority shall appoint a panel
25of 3 election judges to review the contested ballot,
26application, and certification envelope, as well as any

 

 

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1evidence submitted by the absentee voter. No more than 2
2election judges on the reviewing panel shall be of the same
3political party. The reviewing panel of election judges shall
4make a final determination as to the validity of the contested
5absentee ballot. The judges' determination shall not be
6reviewable either administratively or judicially.
7    An absentee ballot subject to this subsection that is
8determined to be valid shall be counted before the close of the
9period for counting provisional ballots.
10    (g-10) All absentee ballots determined to be valid shall be
11added to the vote totals for the precincts for which they were
12cast in the order in which the ballots were opened.
13    (h) Each political party, candidate, and qualified civic
14organization shall be entitled to have present one pollwatcher
15for each panel of election judges therein assigned.
16(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
1795-699, eff. 11-9-07.)
 
18    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
19    Sec. 20-8. Time and place of counting ballots.
20    (a) (Blank.)
21    (b) Each absent voter's ballot returned to an election
22authority, by any means authorized by this Article, and
23received by that election authority before the closing of the
24polls on election day shall be endorsed by the receiving
25election authority with the day and hour of receipt and shall

 

 

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1be counted in the central ballot counting location of the
2election authority on the day of the election after 6:00 7:00
3p.m., except as provided in subsections (g) and (g-5).
4    (c) Each absent voter's ballot that is mailed to an
5election authority and postmarked by the midnight preceding the
6opening of the polls on election day, but that is received by
7the election authority after the polls close on election day
8and before the close of the period for counting provisional
9ballots cast at that election, shall be endorsed by the
10receiving authority with the day and hour of receipt and shall
11be counted at the central ballot counting location of the
12election authority during the period for counting provisional
13ballots.
14    Each absent voter's ballot that is mailed to an election
15authority absent a postmark, but that is received by the
16election authority after the polls close on election day and
17before the close of the period for counting provisional ballots
18cast at that election, shall be endorsed by the receiving
19authority with the day and hour of receipt, opened to inspect
20the date inserted on the certification, and, if the
21certification date is a date preceding the election day and the
22ballot is otherwise found to be valid under the requirements of
23this Section, counted at the central ballot counting location
24of the election authority during the period for counting
25provisional ballots. Absent a date on the certification, the
26ballot shall not be counted.

 

 

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1    (d) Special write-in absentee voter's blank ballots
2returned to an election authority, by any means authorized by
3this Article, and received by the election authority at any
4time before the closing of the polls on election day shall be
5endorsed by the receiving election authority with the day and
6hour of receipt and shall be counted at the central ballot
7counting location of the election authority during the same
8period provided for counting absent voters' ballots under
9subsections (b), (g), and (g-5). Special write-in absentee
10voter's blank ballot that are mailed to an election authority
11and postmarked by midnight preceding the opening of the polls
12on election day, but that are received by the election
13authority after the polls close on election day and before the
14closing of the period for counting provisional ballots cast at
15that election, shall be endorsed by the receiving authority
16with the day and hour of receipt and shall be counted at the
17central ballot counting location of the election authority
18during the same periods provided for counting absent voters'
19ballots under subsection (c).
20    (e) Except as otherwise provided in this Section, absent
21voters' ballots and special write-in absentee voter's blank
22ballots received by the election authority after the closing of
23the polls on the day of election shall be endorsed by the
24person receiving the ballots with the day and hour of receipt
25and shall be safely kept unopened by the election authority for
26the period of time required for the preservation of ballots

 

 

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1used at the election, and shall then, without being opened, be
2destroyed in like manner as the used ballots of that election.
3    (f) Counting required under this Section to begin on
4election day after the closing of the polls shall commence no
5later than 8:00 p.m. and shall be conducted by a panel or
6panels of election judges appointed in the manner provided by
7law. The counting shall continue until all absent voters'
8ballots and special write-in absentee voter's blank ballots
9required to be counted on election day have been counted.
10    (g) The procedures set forth in Articles 17 and 18 of this
11Code shall apply to all ballots counted under this Section. In
12addition, within 2 days after a ballot subject to this Article
13is received, but in all cases before the close of the period
14for counting provisional ballots, the election judge or
15official shall compare the voter's signature on the
16certification envelope of that ballot with the signature of the
17voter on file in the office of the election authority. If the
18election judge or official determines that the 2 signatures
19match, and that the voter is otherwise qualified to cast a
20ballot under this Article, the election authority shall cast
21and count the ballot on election day or the day the ballot is
22determined to be valid, whichever is later, adding the results
23to the precinct in which the voter is registered. If the
24election judge or official determines that the signatures do
25not match, or that the voter is not qualified to cast a ballot
26under this Article, then without opening the certification

 

 

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1envelope, the judge or official shall mark across the face of
2the certification envelope the word "Rejected" and shall not
3cast or count the ballot.
4    In addition to the voter's signatures not matching, a
5ballot subject to this Article may be rejected by the election
6judge or official:
7        (1) if the ballot envelope is open or has been opened
8    and resealed;
9        (2) if the voter has already cast an early or grace
10    period ballot;
11        (3) if the voter voted in person on election day or the
12    voter is not a duly registered voter in the precinct; or
13        (4) on any other basis set forth in this Code.
14    If the election judge or official determines that any of
15these reasons apply, the judge or official shall mark across
16the face of the certification envelope the word "Rejected" and
17shall not cast or count the ballot.
18    (g-5) If a ballot subject to this Article is rejected by
19the election judge or official for any reason, the election
20authority shall, within 2 days after the rejection but in all
21cases before the close of the period for counting provisional
22ballots, notify the voter that his or her ballot was rejected.
23The notice shall inform the voter of the reason or reasons the
24ballot was rejected and shall state that the voter may appear
25before the election authority, on or before the 14th day after
26the election, to show cause as to why the ballot should not be

 

 

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1rejected. The voter may present evidence to the election
2authority supporting his or her contention that the ballot
3should be counted. The election authority shall appoint a panel
4of 3 election judges to review the contested ballot,
5application, and certification envelope, as well as any
6evidence submitted by the absentee voter. No more than 2
7election judges on the reviewing panel shall be of the same
8political party. The reviewing panel of election judges shall
9make a final determination as to the validity of the contested
10ballot. The judges' determination shall not be reviewable
11either administratively or judicially.
12    A ballot subject to this subsection that is determined to
13be valid shall be counted before the close of the period for
14counting provisional ballots.
15    (g-10) All ballots determined to be valid shall be added to
16the vote totals for the precincts for which they were cast in
17the order in which the ballots were opened.
18    (h) Each political party, candidate, and qualified civic
19organization shall be entitled to have present one pollwatcher
20for each panel of election judges therein assigned.
21(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2295-699, eff. 11-9-07.)
 
23    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
24    Sec. 24A-10. (1) In an election jurisdiction which has
25adopted an electronic voting system, the election official in

 

 

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1charge of the election shall select one of the 3 following
2procedures for receiving, counting, tallying, and return of the
3ballots:
4    (a) Two ballot boxes shall be provided for each polling
5place. The first ballot box is for the depositing of votes cast
6on the electronic voting system; and the second ballot box is
7for all votes cast on paper ballots, including any paper
8ballots required to be voted other than on the electronic
9voting system. Ballots deposited in the second ballot box shall
10be counted, tallied, and returned as is elsewhere provided in
11"The Election Code," as amended, for the counting and handling
12of paper ballots. Immediately after the closing of the polls,
13the judges of election shall make out a slip indicating the
14number of persons who voted in the precinct at the election.
15Such slip shall be signed by all the judges of election and
16shall be inserted by them in the first ballot box. The judges
17of election shall thereupon immediately lock each ballot box;
18provided, that if such box is not of a type which may be
19securely locked, such box shall be sealed with filament tape
20provided for such purpose which shall be wrapped around the box
21lengthwise and crosswise, at least twice each way, and in such
22manner that the seal completely covers the slot in the ballot
23box, and each of the judges shall sign such seal. Thereupon two
24of the judges of election, of different political parties,
25shall forthwith and by the most direct route transport both
26ballot boxes to the counting location designated by the county

 

 

SB1902- 30 -LRB098 06152 HLH 36193 b

1clerk or board of election commissioners.
2    Before the ballots of a precinct are fed to the electronic
3tabulating equipment, the first ballot box shall be opened at
4the central counting station by the two precinct transport
5judges. Upon opening a ballot box, such team shall first count
6the number of ballots in the box. If 2 or more are folded
7together so as to appear to have been cast by the same person,
8all of the ballots so folded together shall be marked and
9returned with the other ballots in the same condition, as near
10as may be, in which they were found when first opened, but
11shall not be counted. If the remaining ballots are found to
12exceed the number of persons voting in the precinct as shown by
13the slip signed by the judges of election, the ballots shall be
14replaced in the box, and the box closed and well shaken and
15again opened and one of the precinct transport judges shall
16publicly draw out so many ballots unopened as are equal to such
17excess.
18    Such excess ballots shall be marked "Excess-Not Counted"
19and signed by the two precinct transport judges and shall be
20placed in the "After 6:00 7:00 p.m. Defective Ballots
21Envelope". The number of excess ballots shall be noted in the
22remarks section of the Certificate of Results. "Excess" ballots
23shall not be counted in the total of "defective" ballots.
24    The precinct transport judges shall then examine the
25remaining ballots for write-in votes and shall count and
26tabulate the write-in vote; or

 

 

SB1902- 31 -LRB098 06152 HLH 36193 b

1    (b) A single ballot box, for the deposit of all votes cast,
2shall be used. All ballots which are not to be tabulated on the
3electronic voting system shall be counted, tallied, and
4returned as elsewhere provided in "The Election Code," as
5amended, for the counting and handling of paper ballots.
6    All ballots to be processed and tabulated with the
7electronic voting system shall be processed as follows:
8    Immediately after the closing of the polls, the precinct
9judges of election then shall open the ballot box and canvass
10the votes polled to determine that the number of ballots
11therein agree with the number of voters voting as shown by the
12applications for ballot or if the same do not agree the judges
13of election shall make such ballots agree with the applications
14for ballot in the manner provided by Section 17-18 of "The
15Election Code." The judges of election shall then examine all
16ballot cards and ballot card envelopes which are in the ballot
17box to determine whether the ballot cards and ballot card
18envelopes bear the initials of a precinct judge of election. If
19any ballot card or ballot card envelope is not initialed, it
20shall be marked on the back "Defective," initialed as to such
21label by all judges immediately under such word "Defective,"
22and not counted, but placed in the envelope provided for that
23purpose labeled "Defective Ballots Envelope."
24    When an electronic voting system is used which utilizes a
25ballot card, before separating the ballot cards from their
26respective covering envelopes, the judges of election shall

 

 

SB1902- 32 -LRB098 06152 HLH 36193 b

1examine the ballot card envelopes for write-in votes. When the
2voter has voted a write-in vote, the judges of election shall
3compare the write-in vote with the votes on the ballot card to
4determine whether such write-in results in an overvote for any
5office. In case of an overvote for any office, the judges of
6election, consisting in each case of at least one judge of
7election of each of the two major political parties, shall make
8a true duplicate ballot of all votes on such ballot card except
9for the office which is overvoted, by using the ballot label
10booklet of the precinct and one of the marking devices of the
11precinct so as to transfer all votes of the voter except for
12the office overvoted, to an official ballot card of that kind
13used in the precinct at that election. The original ballot card
14and envelope upon which there is an overvote shall be clearly
15labeled "Overvoted Ballot", and each shall bear the same serial
16number which shall be placed thereon by the judges of election,
17commencing with number 1 and continuing consecutively for the
18ballots of that kind in that precinct. The judges of election
19shall initial the "Duplicate Overvoted Ballot" ballot cards and
20shall place them in the box for return of the ballots. The
21"Overvoted Ballot" ballots and their envelopes shall be placed
22in the "Duplicate Ballots" envelope. Envelopes bearing
23write-in votes marked in the place designated therefor and
24bearing the initials of a precinct judge of election and not
25resulting in an overvote and otherwise complying with the
26election laws as to marking shall be counted, tallied, and

 

 

SB1902- 33 -LRB098 06152 HLH 36193 b

1their votes recorded on a tally sheet provided by the election
2official in charge of the election. The ballot cards and ballot
3card envelopes shall be separated and all except any defective
4or overvoted shall be placed separately in the box for return
5of the ballots. The judges of election shall examine the
6ballots and ballot cards to determine if any is damaged or
7defective so that it cannot be counted by the automatic
8tabulating equipment. If any ballot or ballot card is damaged
9or defective so that it cannot properly be counted by the
10automatic tabulating equipment, the judges of election,
11consisting in each case of at least one judge of election of
12each of the two major political parties, shall make a true
13duplicate ballot of all votes on such ballot card by using the
14ballot label booklet of the precinct and one of the marking
15devices of the precinct. The original ballot or ballot card and
16envelope shall be clearly labeled "Damaged Ballot" and the
17ballot or ballot card so produced "Duplicate Damaged Ballot,"
18and each shall bear the same number which shall be placed
19thereon by the judges of election, commencing with number 1 and
20continuing consecutively for the ballots of that kind in the
21precinct. The judges of election shall initial the "Duplicate
22Damaged Ballot" ballot or ballot cards, and shall place them in
23the box for return of the ballots. The "Damaged Ballot" ballots
24or ballot cards and their envelopes shall be placed in the
25"Duplicated Ballots" envelope. A slip indicating the number of
26voters voting in person shall be made out, signed by all judges

 

 

SB1902- 34 -LRB098 06152 HLH 36193 b

1of election, and inserted in the box for return of the ballots.
2The tally sheets recording the write-in votes shall be placed
3in this box. The judges of election thereupon immediately shall
4securely lock the ballot box or other suitable box furnished
5for return of the ballots by the election official in charge of
6the election; provided that if such box is not of a type which
7may be securely locked, such box shall be sealed with filament
8tape provided for such purpose which shall be wrapped around
9the box lengthwise and crosswise, at least twice each way. A
10separate adhesive seal label signed by each of the judges of
11election of the precinct shall be affixed to the box so as to
12cover any slot therein and to identify the box of the precinct;
13and if such box is sealed with filament tape as provided herein
14rather than locked, such tape shall be wrapped around the box
15as provided herein, but in such manner that the separate
16adhesive seal label affixed to the box and signed by the judges
17may not be removed without breaking the filament tape and
18disturbing the signature of the judges. Thereupon, 2 of the
19judges of election, of different major political parties,
20forthwith shall by the most direct route transport the box for
21return of the ballots and enclosed ballots and returns to the
22central counting location designated by the election official
23in charge of the election. If, however, because of the lack of
24adequate parking facilities at the central counting location or
25for any other reason, it is impossible or impracticable for the
26boxes from all the polling places to be delivered directly to

 

 

SB1902- 35 -LRB098 06152 HLH 36193 b

1the central counting location, the election official in charge
2of the election may designate some other location to which the
3boxes shall be delivered by the 2 precinct judges. While at
4such other location the boxes shall be in the care and custody
5of one or more teams, each consisting of 4 persons, 2 from each
6of the two major political parties, designated for such purpose
7by the election official in charge of elections from
8recommendations by the appropriate political party
9organizations. As soon as possible, the boxes shall be
10transported from such other location to the central counting
11location by one or more teams, each consisting of 4 persons, 2
12from each of the 2 major political parties, designated for such
13purpose by the election official in charge of elections from
14recommendations by the appropriate political party
15organizations.
16    The "Defective Ballots" envelope, and "Duplicated Ballots"
17envelope each shall be securely sealed and the flap or end
18thereof of each signed by the precinct judges of election and
19returned to the central counting location with the box for
20return of the ballots, enclosed ballots and returns.
21    At the central counting location, a team of tally judges
22designated by the election official in charge of the election
23shall check the box returned containing the ballots to
24determine that all seals are intact, and thereupon shall open
25the box, check the voters' slip and compare the number of
26ballots so delivered against the total number of voters of the

 

 

SB1902- 36 -LRB098 06152 HLH 36193 b

1precinct who voted, remove the ballots or ballot cards and
2deliver them to the technicians operating the automatic
3tabulating equipment. Any discrepancies between the number of
4ballots and total number of voters shall be noted on a sheet
5furnished for that purpose and signed by the tally judges; or
6    (c) A single ballot box, for the deposit of all votes cast,
7shall be used. Immediately after the closing of the polls, the
8precinct judges of election shall securely lock the ballot box;
9provided that if such box is not of a type which may be
10securely locked, such box shall be sealed with filament tape
11provided for such purpose which shall be wrapped around the box
12lengthwise and crosswise, at least twice each way. A separate
13adhesive seal label signed by each of the judges of election of
14the precinct shall be affixed to the box so as to cover any
15slot therein and to identify the box of the precinct; and if
16such box is sealed with filament tape as provided herein rather
17than locked, such tape shall be wrapped around the box as
18provided herein, but in such manner that the separate adhesive
19seal label affixed to the box and signed by the judges may not
20be removed without breaking the filament tape and disturbing
21the signature of the judges. Thereupon, 2 of the judges of
22election, of different major political parties, shall
23forthwith by the most direct route transport the box for return
24of the ballots and enclosed absentee and early ballots and
25returns to the central counting location designated by the
26election official in charge of the election. If however,

 

 

SB1902- 37 -LRB098 06152 HLH 36193 b

1because of the lack of adequate parking facilities at the
2central counting location or for some other reason, it is
3impossible or impracticable for the boxes from all the polling
4places to be delivered directly to the central counting
5location, the election official in charge of the election may
6designate some other location to which the boxes shall be
7delivered by the 2 precinct judges. While at such other
8location the boxes shall be in the care and custody of one or
9more teams, each consisting of 4 persons, 2 from each of the
10two major political parties, designated for such purpose by the
11election official in charge of elections from recommendations
12by the appropriate political party organizations. As soon as
13possible, the boxes shall be transported from such other
14location to the central counting location by one or more teams,
15each consisting of 4 persons, 2 from each of the 2 major
16political parties, designated for such purpose by the election
17official in charge of the election from recommendations by the
18appropriate political party organizations.
19    At the central counting location there shall be one or more
20teams of tally judges who possess the same qualifications as
21tally judges in election jurisdictions using paper ballots. The
22number of such teams shall be determined by the election
23authority. Each team shall consist of 5 tally judges, 3
24selected and approved by the county board from a certified list
25furnished by the chairman of the county central committee of
26the party with the majority of members on the county board and

 

 

SB1902- 38 -LRB098 06152 HLH 36193 b

12 selected and approved by the county board from a certified
2list furnished by the chairman of the county central committee
3of the party with the second largest number of members on the
4county board. At the central counting location a team of tally
5judges shall open the ballot box and canvass the votes polled
6to determine that the number of ballot sheets therein agree
7with the number of voters voting as shown by the applications
8for ballot; and, if the same do not agree, the tally judges
9shall make such ballots agree with the number of applications
10for ballot in the manner provided by Section 17-18 of the
11Election Code. The tally judges shall then examine all ballot
12sheets which are in the ballot box to determine whether they
13bear the initials of the precinct judge of election. If any
14ballot is not initialed, it shall be marked on the back
15"Defective", initialed as to such label by all tally judges
16immediately under such word "Defective", and not counted, but
17placed in the envelope provided for that purpose labeled
18"Defective Ballots Envelope". An overvote for one office shall
19invalidate only the vote or count of that particular office.
20    At the central counting location, a team of tally judges
21designated by the election official in charge of the election
22shall deliver the ballot sheets to the technicians operating
23the automatic tabulating equipment. Any discrepancies between
24the number of ballots and total number of voters shall be noted
25on a sheet furnished for that purpose and signed by the tally
26judges.

 

 

SB1902- 39 -LRB098 06152 HLH 36193 b

1    (2) Regardless of which procedure described in subsection
2(1) of this Section is used, the judges of election designated
3to transport the ballots, properly signed and sealed as
4provided herein, shall ensure that the ballots are delivered to
5the central counting station no later than 12 hours after the
6polls close. At the central counting station a team of tally
7judges designated by the election official in charge of the
8election shall examine the ballots so transported and shall not
9accept ballots for tabulating which are not signed and sealed
10as provided in subsection (1) of this Section until the judges
11transporting the same make and sign the necessary corrections.
12Upon acceptance of the ballots by a team of tally judges at the
13central counting station, the election judges transporting the
14same shall take a receipt signed by the election official in
15charge of the election and stamped with the date and time of
16acceptance. The election judges whose duty it is to transport
17any ballots shall, in the event such ballots cannot be found
18when needed, on proper request, produce the receipt which they
19are to take as above provided.
20(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
21    (10 ILCS 5/24B-10)
22    Sec. 24B-10. Receiving, Counting, Tallying and Return of
23Ballots; Acceptance of Ballots by Election Authority.
24    (a) In an election jurisdiction which has adopted an
25electronic Precinct Tabulation Optical Scan Technology voting

 

 

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1system, the election official in charge of the election shall
2select one of the 3 following procedures for receiving,
3counting, tallying, and return of the ballots:
4        (1) Two ballot boxes shall be provided for each polling
5    place. The first ballot box is for the depositing of votes
6    cast on the electronic voting system; and the second ballot
7    box is for all votes cast on other ballots, including any
8    paper ballots required to be voted other than on the
9    Precinct Tabulation Optical Scan Technology electronic
10    voting system. Ballots deposited in the second ballot box
11    shall be counted, tallied, and returned as is elsewhere
12    provided in this Code for the counting and handling of
13    paper ballots. Immediately after the closing of the polls,
14    the judges of election shall make out a slip indicating the
15    number of persons who voted in the precinct at the
16    election. The slip shall be signed by all the judges of
17    election and shall be inserted by them in the first ballot
18    box. The judges of election shall thereupon immediately
19    lock each ballot box; provided, that if the box is not of a
20    type which may be securely locked, the box shall be sealed
21    with filament tape provided for the purpose that shall be
22    wrapped around the box lengthwise and crosswise, at least
23    twice each way, and in a manner that the seal completely
24    covers the slot in the ballot box, and each of the judges
25    shall sign the seal. Two of the judges of election, of
26    different political parties, shall by the most direct route

 

 

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1    transport both ballot boxes to the counting location
2    designated by the county clerk or board of election
3    commissioners.
4        Before the ballots of a precinct are fed to the
5    electronic Precinct Tabulation Optical Scan Technology
6    tabulating equipment, the first ballot box shall be opened
7    at the central counting station by the 2 precinct transport
8    judges. Upon opening a ballot box, the team shall first
9    count the number of ballots in the box. If 2 or more are
10    folded together to appear to have been cast by the same
11    person, all of the ballots folded together shall be marked
12    and returned with the other ballots in the same condition,
13    as near as may be, in which they were found when first
14    opened, but shall not be counted. If the remaining ballots
15    are found to exceed the number of persons voting in the
16    precinct as shown by the slip signed by the judges of
17    election, the ballots shall be replaced in the box, and the
18    box closed and well shaken and again opened and one of the
19    precinct transport judges shall publicly draw out so many
20    ballots unopened as are equal to the excess.
21        The excess ballots shall be marked "Excess-Not
22    Counted" and signed by the 2 precinct transport judges and
23    shall be placed in the "After 6:00 7:00 p.m. Defective
24    Ballots Envelope". The number of excess ballots shall be
25    noted in the remarks section of the Certificate of Results.
26    "Excess" ballots shall not be counted in the total of

 

 

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1    "defective" ballots.
2        The precinct transport judges shall then examine the
3    remaining ballots for write-in votes and shall count and
4    tabulate the write-in vote.
5        (2) A single ballot box, for the deposit of all votes
6    cast, shall be used. All ballots which are not to be
7    tabulated on the electronic voting system shall be counted,
8    tallied, and returned as elsewhere provided in this Code
9    for the counting and handling of paper ballots.
10        All ballots to be processed and tabulated with the
11    electronic Precinct Tabulation Optical Scan Technology
12    voting system shall be processed as follows:
13        Immediately after the closing of the polls, the
14    precinct judges of election shall open the ballot box and
15    canvass the votes polled to determine that the number of
16    ballots agree with the number of voters voting as shown by
17    the applications for ballot, or if the same do not agree
18    the judges of election shall make such ballots agree with
19    the applications for ballot in the manner provided by
20    Section 17-18 of this Code.
21        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 2 major political parties, shall
24    make a true duplicate ballot of all votes on the ballot
25    except for the office which is overvoted, by using the
26    ballot of the precinct and one of the marking devices, or

 

 

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1    equivalent ballot, of the precinct to transfer all votes of
2    the voter except for the office overvoted, to an official
3    ballot of that kind used in the precinct at that election.
4    The original ballot upon which there is an overvote shall
5    be clearly labeled "Overvoted Ballot", and each shall bear
6    the same serial number which shall be placed thereon by the
7    judges of election, beginning with number 1 and continuing
8    consecutively for the ballots of that kind in that
9    precinct. The judges of election shall initial the
10    "Duplicate Overvoted Ballot" ballots and shall place them
11    in the box for return of the ballots. The "Overvoted
12    Ballot" ballots shall be placed in the "Duplicate Ballots"
13    envelope. The ballots except any defective or overvoted
14    ballot shall be placed separately in the box for return of
15    the ballots. The judges of election shall examine the
16    ballots to determine if any is damaged or defective so that
17    it cannot be counted by the automatic tabulating equipment.
18    If any ballot is damaged or defective so that it cannot
19    properly be counted by the automatic tabulating equipment,
20    the judges of election, consisting in each case of at least
21    one judge of election of each of the 2 major political
22    parties, shall make a true duplicate ballot of all votes on
23    such ballot by using the ballot of the precinct and one of
24    the marking devices, or equivalent ballot, of the precinct.
25    The original ballot and ballot envelope shall be clearly
26    labeled "Damaged Ballot" and the ballot so produced

 

 

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1    "Duplicate Damaged Ballot", and each shall bear the same
2    number which shall be placed thereon by the judges of
3    election, commencing with number 1 and continuing
4    consecutively for the ballots of that kind in the precinct.
5    The judges of election shall initial the "Duplicate Damaged
6    Ballot" ballot and shall place them in the box for return
7    of the ballots. The "Damaged Ballot" ballots shall be
8    placed in the "Duplicated Ballots" envelope. A slip
9    indicating the number of voters voting in person and the
10    total number of voters of the precinct who voted at the
11    election shall be made out, signed by all judges of
12    election, and inserted in the box for return of the
13    ballots. The tally sheets recording the write-in votes
14    shall be placed in this box. The judges of election
15    immediately shall securely lock the ballot box or other
16    suitable box furnished for return of the ballots by the
17    election official in charge of the election; provided that
18    if the box is not of a type which may be securely locked,
19    the box shall be sealed with filament tape provided for the
20    purpose which shall be wrapped around the box lengthwise
21    and crosswise, at least twice each way. A separate adhesive
22    seal label signed by each of the judges of election of the
23    precinct shall be affixed to the box to cover any slot
24    therein and to identify the box of the precinct; and if the
25    box is sealed with filament tape as provided rather than
26    locked, such tape shall be wrapped around the box as

 

 

SB1902- 45 -LRB098 06152 HLH 36193 b

1    provided, but in such manner that the separate adhesive
2    seal label affixed to the box and signed by the judges may
3    not be removed without breaking the filament tape and
4    disturbing the signature of the judges. Two of the judges
5    of election, of different major political parties, shall by
6    the most direct route transport the box for return of the
7    ballots and enclosed ballots and returns to the central
8    counting location designated by the election official in
9    charge of the election. If, however, because of the lack of
10    adequate parking facilities at the central counting
11    location or for any other reason, it is impossible or
12    impracticable for the boxes from all the polling places to
13    be delivered directly to the central counting location, the
14    election official in charge of the election may designate
15    some other location to which the boxes shall be delivered
16    by 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 the
20    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 counting
24    location by one or more teams, each consisting of 4
25    persons, 2 from each of the 2 major political parties,
26    designated for the purpose by the election official in

 

 

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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 the
11    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 number
14    of ballots so delivered against the total number of voters
15    of the precinct who voted, remove the ballots and deliver
16    them to the technicians operating the automatic tabulating
17    equipment. Any discrepancies between the number of ballots
18    and total number of voters shall be noted on a sheet
19    furnished for that purpose and signed by the tally judges.
20        (3) A single ballot box, for the deposit of all votes
21    cast, shall be used. Immediately after the closing of the
22    polls, the precinct judges of election shall securely lock
23    the ballot box; provided that if such box is not of a type
24    which may be securely locked, the box shall be sealed with
25    filament tape provided for the purpose which shall be
26    wrapped around the box lengthwise and crosswise, at least

 

 

SB1902- 47 -LRB098 06152 HLH 36193 b

1    twice each way. A separate adhesive seal label signed by
2    each of the judges of election of the precinct shall be
3    affixed to the box to cover any slot therein and to
4    identify the box of the precinct; and if the box is sealed
5    with filament tape as provided rather than locked, such
6    tape shall be wrapped around the box as provided, but in a
7    manner that the separate adhesive seal label affixed to the
8    box and signed by the judges may not be removed without
9    breaking the filament tape and disturbing the signature of
10    the judges. Two of the judges of election, of different
11    major political parties, shall by the most direct route
12    transport the box for return of the ballots and enclosed
13    absentee and early ballots and returns to the central
14    counting location designated by the election official in
15    charge of the election. If however, because of the lack of
16    adequate parking facilities at the central counting
17    location or for some other reason, it is impossible or
18    impracticable for the boxes from all the polling places to
19    be delivered directly to the central counting location, the
20    election official in charge of the election may designate
21    some other location to which the boxes shall be delivered
22    by the 2 precinct judges. While at the other location the
23    boxes shall be in the care and custody of one or more
24    teams, each consisting of 4 persons, 2 from each of the 2
25    major political parties, designated for the purpose by the
26    election official in charge of elections from

 

 

SB1902- 48 -LRB098 06152 HLH 36193 b

1    recommendations by the appropriate political party
2    organizations. As soon as possible, the boxes shall be
3    transported from the other location to the central counting
4    location by one or more teams, each consisting of 4
5    persons, 2 from each of the 2 major political parties,
6    designated for the purpose by the election official in
7    charge of the election from recommendations by the
8    appropriate political party organizations.
9        At the central counting location there shall be one or
10    more teams of tally judges who possess the same
11    qualifications as tally judges in election jurisdictions
12    using paper ballots. The number of the teams shall be
13    determined by the election authority. Each team shall
14    consist of 5 tally judges, 3 selected and approved by the
15    county board from a certified list furnished by the
16    chairman of the county central committee of the party with
17    the majority of members on the county board and 2 selected
18    and approved by the county board from a certified list
19    furnished by the chairman of the county central committee
20    of the party with the second largest number of members on
21    the county board. At the central counting location a team
22    of tally judges shall open the ballot box and canvass the
23    votes polled to determine that the number of ballot sheets
24    therein agree with the number of voters voting as shown by
25    the applications for ballot and, if the same do not agree,
26    the tally judges shall make such ballots agree with the

 

 

SB1902- 49 -LRB098 06152 HLH 36193 b

1    number of applications for ballot in the manner provided by
2    Section 17-18 of this Code. The tally judges shall then
3    examine all ballot sheets that are in the ballot box to
4    determine whether they bear the initials of the precinct
5    judge of election. If any ballot is not initialed, it shall
6    be marked on the back "Defective", initialed as to that
7    label by all tally judges immediately under the word
8    "Defective", and not counted, but placed in the envelope
9    provided for that purpose labeled "Defective Ballots
10    Envelope". An overvote for one office shall invalidate only
11    the vote or count for that particular office.
12        At the central counting location, a team of tally
13    judges designated by the election official in charge of the
14    election shall deliver the ballot sheets to the technicians
15    operating the automatic Precinct Tabulation Optical Scan
16    Technology tabulating equipment. Any discrepancies between
17    the number of ballots and total number of voters shall be
18    noted on a sheet furnished for that purpose and signed by
19    the tally judges.
20    (b) Regardless of which procedure described in subsection
21(a) of this Section is used, the judges of election designated
22to transport the ballots properly signed and sealed, shall
23ensure that the ballots are delivered to the central counting
24station no later than 12 hours after the polls close. At the
25central counting station, a team of tally judges designated by
26the election official in charge of the election shall examine

 

 

SB1902- 50 -LRB098 06152 HLH 36193 b

1the ballots so transported and shall not accept ballots for
2tabulating which are not signed and sealed as provided in
3subsection (a) of this Section until the judges transporting
4the ballots make and sign the necessary corrections. Upon
5acceptance of the ballots by a team of tally judges at the
6central counting station, the election judges transporting the
7ballots shall take a receipt signed by the election official in
8charge of the election and stamped with the date and time of
9acceptance. The election judges whose duty it is to transport
10any ballots shall, in the event the ballots cannot be found
11when needed, on proper request, produce the receipt which they
12are to take as above provided.
13(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
1494-1000, eff. 7-3-06.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.