Full Text of SB2925 93rd General Assembly
SB2925 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2925
Introduced 2/6/2004, by William R. Haine SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-100 new |
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10 ILCS 5/17-100 new |
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10 ILCS 5/18-100 new |
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10 ILCS 5/22-9.1 |
from Ch. 46, par. 22-9.1 |
10 ILCS 5/24A-9.1 |
from Ch. 46, par. 24A-9.1 |
10 ILCS 5/24A-15.1 |
from Ch. 46, par. 24A-15.1 |
10 ILCS 5/24A-22 |
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10 ILCS 5/24B-9.1 |
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10 ILCS 5/24B-15.1 |
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Amends the Elections Code. Defines the markings or other indications that constitute a vote on punch cards and electronic voting systems. Effective immediately.
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A BILL FOR
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SB2925 |
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LRB093 20548 JAM 46356 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 22-9.1, 24A-9.1, 24A-15.1, 24A-22, 24B-9.1, and | 6 |
| 24B-15.1 and by adding Sections 7-100, 17-100, and 18-100 as | 7 |
| follows: | 8 |
| (10 ILCS 5/7-100 new) | 9 |
| Sec. 7-100. Definition of a vote. | 10 |
| (a) Notwithstanding any law to the contrary, for the | 11 |
| purpose of this Article, a person casts a valid vote on a punch | 12 |
| card ballot when the fibers of at least one corner of the chad | 13 |
| are broken in a way that permits unimpeded light to be seen | 14 |
| through the card.
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| (b) Write-in votes shall be counted in a manner consistent | 16 |
| with the existing provisions of this Code. | 17 |
| (c) For purposes of this Section, a "chad" is that portion | 18 |
| of a ballot card that a voter punches or perforates with a | 19 |
| stylus or other designated marking device to manifest his or | 20 |
| her vote for a particular ballot position on a ballot card as | 21 |
| defined in subsection (a). Chads shall be removed from ballot | 22 |
| cards prior to their processing and tabulation in election | 23 |
| jurisdictions that utilize a ballot card as a means of | 24 |
| recording votes at an election. Election jurisdictions that | 25 |
| utilize a mechanical means or device for chad removal as a | 26 |
| component of their tabulation shall use that means or device | 27 |
| for chad removal. | 28 |
| Notwithstanding any law to the contrary, for the purpose of | 29 |
| this Article, a person casts a valid vote on an optical scan | 30 |
| ballot sheet by making a mark, or causing a mark to be made, in | 31 |
| the designated area for the casting of a vote for any party or | 32 |
| candidate or for or against any proposition. For this purpose, |
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| a mark is any intentional darkening or partial darkening within | 2 |
| the designated area on the ballot using the approved marking | 3 |
| device and that can be automatically examined, counted, and | 4 |
| tabulated by an electronic scanning process or any mark or | 5 |
| marks approved by the State Board of Elections exclusive to an | 6 |
| approved electronic scanning voting system and not an | 7 |
| identifying mark. | 8 |
| For any ballot sheet that does not register a vote for one | 9 |
| or more ballot positions on the ballot sheet on an Electronic | 10 |
| Tabulation Optical Scan Technology Scanning Process, the | 11 |
| following shall constitute a vote on the ballot sheet: | 12 |
| (1) the designated area for casting a vote for a | 13 |
| particular ballot position on the ballot sheet is fully | 14 |
| darkened or shaded in; or | 15 |
| (2) the designated area for casting a vote for a | 16 |
| particular ballot position on the ballot sheet is partially | 17 |
| darkened or shaded in.
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| (10 ILCS 5/17-100 new) | 19 |
| Sec. 17-100. Definition of a vote. | 20 |
| (a) Notwithstanding any law to the contrary, for the | 21 |
| purpose of this Article, a person casts a valid vote on a punch | 22 |
| card ballot when the fibers on at least one corner of the chad | 23 |
| are broken in a way that permits unimpeded light to be seen | 24 |
| through the card.
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| (b) Write-in votes shall be counted in a manner consistent | 26 |
| with the existing provisions of this Code. | 27 |
| (c) For purposes of this Section, a "chad" is that portion | 28 |
| of a ballot card that a voter punches or perforates with a | 29 |
| stylus or other designated marking device to manifest his or | 30 |
| her vote for a particular ballot position on a ballot card as | 31 |
| defined in subsection (a). Chads shall be removed from ballot | 32 |
| cards prior to their processing and tabulation in election | 33 |
| jurisdictions that utilize a ballot card as a means of | 34 |
| recording votes at an election. Election jurisdictions that | 35 |
| utilize a mechanical means or device for chad removal as a |
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| component of their tabulation shall use that means or device | 2 |
| for chad removal.
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| Notwithstanding any law to the contrary, for the purpose of | 4 |
| this Article, a person casts a valid vote on an optical scan | 5 |
| ballot sheet by making a mark, or causing a mark to be made, in | 6 |
| the designated area for the casting of a vote for any party or | 7 |
| candidate or for or against any proposition. For this purpose, | 8 |
| a mark is any intentional darkening or partial darkening within | 9 |
| the designated area on the ballot using the approved marking | 10 |
| device and that can be automatically examined, counted, and | 11 |
| tabulated by an electronic scanning process or any mark or | 12 |
| marks approved by the State Board of Elections exclusive to an | 13 |
| approved electronic scanning voting system and not an | 14 |
| identifying mark.
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| For any ballot sheet that does not register a vote for one | 16 |
| or more ballot positions on the ballot sheet on an Electronic | 17 |
| Tabulation Optical Scan Technology Scanning Process, the | 18 |
| following shall constitute a vote on the ballot sheet:
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| (1) the designated area for casting a vote for a | 20 |
| particular ballot position on the ballot sheet is fully | 21 |
| darkened or shaded in; or
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| (2) the designated area for casting a vote for a | 23 |
| particular ballot position on the ballot sheet is partially | 24 |
| darkened or shaded in.
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| (10 ILCS 5/18-100 new) | 26 |
| Sec. 18-100. Definition of a vote. | 27 |
| (a) Notwithstanding any law to the contrary, for the | 28 |
| purpose of this Article, a person casts a valid vote on a punch | 29 |
| card ballot when the fibers of at least one corner of the chad | 30 |
| are broken in a way that permits unimpeded light to be seen | 31 |
| through the card. | 32 |
| (b) Write-in votes shall be counted in a manner
consistent | 33 |
| with the existing provisions of this Code. | 34 |
| (c) For purposes of this Section, a "chad" is that
portion | 35 |
| of a ballot card that a voter punches or perforates
with
a |
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| stylus or other designated marking device to
manifest
his
or
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| her vote for a particular ballot position on a
ballot
card
as | 3 |
| defined in subsection (a). Chads shall be
removed
from ballot | 4 |
| cards prior to their processing and tabulation in election | 5 |
| jurisdictions that utilize a ballot card as a means of | 6 |
| recording votes at an election. Election jurisdictions that | 7 |
| utilize a mechanical means or device for chad removal as a | 8 |
| component of their tabulation shall use that means or device | 9 |
| for chad removal. | 10 |
| Notwithstanding any law to the contrary, for the purpose of | 11 |
| this Article, a person casts a valid vote on an optical scan | 12 |
| ballot sheet by making a mark, or causing a mark to be made, in | 13 |
| the designated area for the casting of a vote for any party or | 14 |
| candidate or for or against any proposition. For this purpose, | 15 |
| a mark is any intentional darkening or partial darkening within | 16 |
| the designated area on the ballot using the approved marking | 17 |
| device and that can be automatically examined, counted and | 18 |
| tabulated by an electronic scanning process or any mark or | 19 |
| marks approved by the State Board of Elections exclusive to an | 20 |
| approved electronic scanning voting system and not an | 21 |
| identifying mark. | 22 |
| For any ballot sheet that does not register a vote for one | 23 |
| or more ballot positions on the ballot sheet on an Electronic | 24 |
| Tabulation Optical Scan Technology Scanning Process, the | 25 |
| following shall
constitute a vote on the ballot sheet:
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| (1) the designated area for casting a vote for a | 27 |
| particular ballot position on the ballot sheet is fully | 28 |
| darkened or shaded in; or | 29 |
| (2) the designated area for casting a vote for a | 30 |
| particular ballot position on the ballot sheet is partially | 31 |
| darkened or shaded in.
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| (10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
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| Sec. 22-9.1. Within 5 days after the last day for | 34 |
| proclamation of the results of any
canvass declaring persons | 35 |
| nominated, elected or declared eligible for a
runoff election |
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| for any office or declaring the
adoption or rejection of a | 2 |
| question of public policy, the following
persons may file a | 3 |
| petition for discovery:
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| (a) any candidate who, in the entire area in which votes | 5 |
| may be cast
for the office for which he is a candidate, | 6 |
| received votes equal in
number to at least 95% of the number of | 7 |
| votes cast for any successful
candidate for the same office; | 8 |
| and
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| (b) any 5 electors of the same area within which votes may | 10 |
| be cast
on a question of public policy, if the results of the | 11 |
| canvass are such
that the losing side on the question would | 12 |
| have been the prevailing side
had it received an additional | 13 |
| number of votes equal to 5% of the total
number of votes cast | 14 |
| on the question.
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| A petition under this Section shall be filed with the | 16 |
| election authority
for purposes of
discovery only. The petition | 17 |
| shall ask that ballots, voting machines,
or ballot cards - as | 18 |
| the case may be - shall be examined, that any
automatic | 19 |
| tabulating equipment shall be tested, and that ballots,
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| recorded votes, or ballot cards - as the case may be - shall be | 21 |
| counted
in specified precincts, not exceeding 25% of the
total | 22 |
| number of precincts within the jurisdiction
of the election | 23 |
| authority. Where there are fewer than 4 precincts under
the | 24 |
| jurisdiction of the election authority and within the area in | 25 |
| which
votes could be cast
in the election in connection with | 26 |
| which the petition has been filed,
discovery shall be permitted | 27 |
| in one of such precincts.
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| A petition filed under this Section shall be accompanied by | 29 |
| the
payment of a fee of $10.00 per precinct specified.
All such | 30 |
| fees shall be paid by the election authority into the county or | 31 |
| city
treasury, as the case may be.
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| Upon receipt of such petition the county canvassing board | 33 |
| or board of election
commissioners shall reconvene. Where
a | 34 |
| local canvassing board, as provided in Section 22-17, has | 35 |
| jurisdiction, the election
authority shall notify the chairman | 36 |
| of such board who shall reconvene such
board in the office of |
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| the election authority or other location designated
by the | 2 |
| election authority.
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| After 3 days notice in writing to the successful candidate | 4 |
| for the
same office or, in the case of a question of public | 5 |
| policy, such
notice as will reasonably inform interested | 6 |
| persons of the time and
place of the discovery proceedings, | 7 |
| such board shall examine the
ballots, voting machines, ballot | 8 |
| cards, voter affidavits and applications
for ballot, test the | 9 |
| automatic
tabulating equipment, and count the ballots, | 10 |
| recorded votes, and ballot
cards in the specified election | 11 |
| districts or precincts. At the request
of any candidate | 12 |
| entitled to participate in the discovery proceedings, the
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| election authority shall also make available for examination | 14 |
| the ballot
applications and voter affidavits for the specified | 15 |
| precincts. Each candidate
affected by such examination shall | 16 |
| have the right to attend the same in
person or by his | 17 |
| representative. In the case of a question of public
policy, the | 18 |
| board shall permit an equal number of acknowledged
proponents | 19 |
| and acknowledged opponents to attend the examination.
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| On completion of the count of any ballots in each district | 21 |
| or
precinct, the ballots shall be secured and sealed in the | 22 |
| same manner
required of judges of election by Sections 7-54 and | 23 |
| 17-20 of the Election Code.
The handling of the ballots in | 24 |
| accord with this Section shall not of
itself affect the | 25 |
| admissibility in evidence of the ballots in any other
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| proceedings, either legislative or judicial.
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| For purposes of this section a person casts a valid vote on | 28 |
| a punch card ballot when:
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| (1) A chad on the card has at least one corner detached | 30 |
| from the card; or
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| (2) the fibers of at least one corner of the chad are | 32 |
| broken in a way that permits unimpeded light to be seen | 33 |
| through the card; or
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| (3) an indentation on the chad from the stylus or other | 35 |
| object is present and indicates a clearly ascertainable | 36 |
| intent of the voter to vote based on the totality of the |
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| circumstances, including but not limited to any pattern or | 2 |
| frequency of indentations on other ballot positions from | 3 |
| the same ballot card.
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| A person casts a valid vote on an optical scan ballot sheet | 5 |
| by making a mark, or causing a mark to be made, in the | 6 |
| designated area for the casting of a vote for any party or | 7 |
| candidate or for or against any proposition. For this purpose, | 8 |
| a mark is any intentional darkening or partial darkening within | 9 |
| the designated area on the ballot using the approved marking | 10 |
| device and that can be automatically examined, counted and | 11 |
| tabulated by an electronic scanning process or any mark or | 12 |
| marks approved by the State Board of Elections exclusive to an | 13 |
| approved electronic scanning voting system and not an | 14 |
| identifying mark.
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| For any ballot sheet that does not register a vote for one | 16 |
| or more ballot positions on the ballot sheet on an Electronic | 17 |
| Tabulation Optical Scan Technology Scanning Process for | 18 |
| purposes of this section the following shall constitute a vote | 19 |
| on the ballot sheet:
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| (1) the designated area for casting a vote for a | 21 |
| particular ballot position on the ballot sheet is fully | 22 |
| darkened or shaded in; or
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| (2) the designated area for casting a vote for a | 24 |
| particular
ballot position on the ballot sheet is partially | 25 |
| darkened or shaded
in;
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| (3) the designated area for casting a vote for a | 27 |
| particular ballot position on the b allot sheet contains a | 28 |
| dot or ".", a check, or a plus or "+"; or
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| (4) the designated area for casting a vote for a | 30 |
| particular ballot position on the ballot sheet contains | 31 |
| some other type of mark that indicates the clearly | 32 |
| ascertainable intent of the voter to vote based on the | 33 |
| totality of the circumstances, including but not limited to | 34 |
| any pattern or frequency of marks on other ballot positions | 35 |
| from the same ballot sheet.
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| (5) the designated area for casting a vote for a |
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| particular ballot position on the ballot sheet is not | 2 |
| marked, but the ballot sheet contains other markings | 3 |
| associated with a particular ballot position, such as | 4 |
| circling a candidate's name, that indicates the clearly | 5 |
| ascertainable intent of the voter to vote, based on the | 6 |
| totality of the circumstances, including but not limited | 7 |
| to, any pattern or frequency of markings on other ballot | 8 |
| positions from the same ballot sheet.
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| (c) For other electronic voting systems that use a computer | 10 |
| as the marking device to mark a ballot sheet, the bar code | 11 |
| found on the ballot sheet shall constitute the votes found on | 12 |
| the ballot. If, however, the county clerk or board of election | 13 |
| commissioners determines that the votes represented by the | 14 |
| tally on the bar code for one or more ballot positions is | 15 |
| inconsistent with the votes represented by numerical ballot | 16 |
| positions identified on the ballot sheet produced using a | 17 |
| computer as the marking device, then the numerical ballot | 18 |
| positions identified on the ballot sheet shall constitute the | 19 |
| votes for purposes of any official canvass or recount | 20 |
| proceedings. An electronic voting system that uses a computer | 21 |
| as the marking device to mark a ballot sheet shall be capable | 22 |
| of producing a ballot sheet that contains all numerical ballot | 23 |
| positions selected by the voter, and provides a place for the | 24 |
| voter to cast a write-in vote for a candidate for a particular | 25 |
| numerical ballot position.
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| The results of the examination and count shall not be | 27 |
| certified, used
to amend or change the abstracts of the votes | 28 |
| previously completed, used
to deny the successful candidate for | 29 |
| the same office his certificate of
nomination or election, nor | 30 |
| used to change the previously declared result of the vote
on a | 31 |
| question of public policy. Such count shall not be binding in | 32 |
| an
election contest brought about under the provisions of the | 33 |
| Election
Code, shall not be a prerequisite to bringing such an | 34 |
| election contest,
shall not prevent the bringing of such an | 35 |
| election contest, nor shall it
affect the results of the | 36 |
| canvass previously proclaimed.
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| (Source: P.A. 84-966.)
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| (10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)
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| Sec. 24A-9.1. Whenever an electronic scanning process is | 4 |
| utilized to
automatically examine and count the votes on ballot | 5 |
| sheets, the provisions
of this Section shall apply. A voter | 6 |
| shall cast a proper vote on a ballot
sheet by making a mark in | 7 |
| the designated area for the casting of a vote
for any party or | 8 |
| candidate or for or against any proposition. For this
purpose, | 9 |
| a mark is any
an intentional darkening or partial darkening | 10 |
| within
of the designated area on the
ballot using the approved | 11 |
| marking device and that can be automatically examined, counted, | 12 |
| and tabulated by an electronic scanning process or any mark or | 13 |
| marks approved by the State Board of Elections exclusive to an | 14 |
| approved electronic scanning voting system
sheet , and shall not | 15 |
| be an "X", a check mark, or any other recognizable
letter of | 16 |
| the alphabet, number, or other symbol which can be recognized
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| as an identifying mark.
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| Whenever the ballot sheet includes designated areas on both | 19 |
| sides, The
election authority shall provide an envelope, sleeve | 20 |
| or other device to
each voter by means of which the voter can | 21 |
| deliver the voted ballot sheet
to the ballot box without the | 22 |
| votes indicated on the ballot sheet being
visible to other | 23 |
| persons in the polling place.
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| (Source: P.A. 81-1433.)
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| (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
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| Sec. 24A-15.1. Except as herein provided, discovery | 27 |
| recounts and election
contests shall be conducted as otherwise | 28 |
| provided for in "The Election Code",
as amended. The automatic | 29 |
| tabulating equipment shall be tested prior to the
discovery | 30 |
| recount or election contest as provided in Section 24A-9, and
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| then the official ballots or ballot cards shall be recounted on | 32 |
| the
automatic tabulating equipment. In addition, (1) the ballot | 33 |
| or ballot cards
shall be checked for the presence or absence of | 34 |
| judges' initials and other
distinguishing marks, and (2) the |
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| ballots marked "Rejected", "Defective",
Objected to" and | 2 |
| "Absentee Ballot" shall be examined to determine the
propriety | 3 |
| of the such labels, and (3) the "Duplicate Absentee Ballots",
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| "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" | 5 |
| shall be
compared with their respective originals to determine | 6 |
| the correctness of
the duplicates.
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| Any person who has filed a petition for discovery recount | 8 |
| may request that
a redundant count be conducted in those | 9 |
| precincts in which the discovery
recount is being conducted. | 10 |
| The additional costs of such a redundant count
shall be borne | 11 |
| by the requesting party.
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| For purposes of this Section a person casts a valid vote on | 13 |
| a punch card ballot when: | 14 |
| (1) A chad on the card has at least one corner detached | 15 |
| from the card; | 16 |
| (2) the fibers on at least one corner of the chad are | 17 |
| broken in a way that permits unimpeded light to be seen | 18 |
| through the card; or | 19 |
| (3) an indentation on the chad from the stylus or other | 20 |
| object is present and indicates a clearly ascertainable | 21 |
| intent of the voter to vote based on the totality of the | 22 |
| circumstances, including but not limited to any pattern or | 23 |
| frequency of indentations on other ballot positions from | 24 |
| the same ballot card.
| 25 |
| The log of the computer operator and all materials retained | 26 |
| by the election
authority in relation to vote tabulation and | 27 |
| canvass shall be made available
for any discovery recount or | 28 |
| election contest.
| 29 |
| (Source: P.A. 82-1014.)
| 30 |
| (10 ILCS 5/24A-22)
| 31 |
| Sec. 24A-22. Definition of a vote.
| 32 |
| (a) Notwithstanding any law to the contrary, for the | 33 |
| purpose of this
Article, A person casts a valid vote on a punch | 34 |
| card ballot when :
| 35 |
| (1) A chad on the card has at least one corner detached |
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| from the card;
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| (2) the fibers of paper on at least one corner
edge of | 3 |
| the chad are broken in a
way that permits unimpeded light | 4 |
| to be seen through the card ; or
| 5 |
| (3) An indentation on the chad from the stylus or other | 6 |
| object is present
and indicates a clearly ascertainable | 7 |
| intent of the voter to vote based on the
totality of the | 8 |
| circumstances, including but not limited to any pattern or
| 9 |
| frequency of indentations on other ballot positions from | 10 |
| the same ballot
card .
| 11 |
| (b) Write-in votes shall be counted in a manner consistent | 12 |
| with the existing
provisions of this Code.
| 13 |
| (c) For purposes of this Section, a "chad" is that portion | 14 |
| of a ballot card
that a voter punches or perforates with a | 15 |
| stylus or other designated marking
device to manifest his or | 16 |
| her vote for a particular ballot position on a ballot
card as | 17 |
| defined in subsection (a). Chads shall be removed from ballot | 18 |
| cards
prior to their processing and tabulation in election | 19 |
| jurisdictions that
utilize a ballot card as a means of | 20 |
| recording votes at an election. Election
jurisdictions that | 21 |
| utilize a mechanical means or device for chad removal as a
| 22 |
| component of their tabulation shall use that means or device | 23 |
| for chad
removal.
| 24 |
| A person casts a valid vote on an optical scan ballot sheet | 25 |
| by making a mark, or causing a mark to be made, in the | 26 |
| designated area for the casting of a vote for any party or | 27 |
| candidate or for or against any proposition. For this purpose, | 28 |
| a mark is any intentional darkening or partial darkening within | 29 |
| the designated area on the ballot using the approved marking | 30 |
| device and that can be automatically examined, counted and | 31 |
| tabulated by an electronic scanning process or any mark or | 32 |
| marks approved by the State Board of Elections exclusive to an | 33 |
| approved electronic scanning voting system and not an | 34 |
| identifying mark. | 35 |
| For any ballot sheet that does not register a vote for one | 36 |
| or more ballot positions on the ballot sheet on an Electronic |
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| Tabulation Optical Scan Technology Scanning Process, the | 2 |
| following shall constitute a vote on the ballot sheet: | 3 |
| (1) the designated area for casting a vote for a | 4 |
| particular ballot position on the ballot sheet is fully | 5 |
| darkened or shaded in; or | 6 |
| (2) the designated area for casting a vote for a | 7 |
| particular ballot position on the ballot sheet is partially | 8 |
| darkened or shaded in.
| 9 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 10 |
| (10 ILCS 5/24B-9.1)
| 11 |
| Sec. 24B-9.1. Examination of Votes by Electronic Precinct
| 12 |
| Tabulation Optical Scan Technology Scanning Process or other | 13 |
| authorized
electronic process; definition of a vote.
| 14 |
| (a) Examination of Votes by Electronic Precinct Tabulation | 15 |
| Optical Scan
Technology Scanning Process. Whenever a
Precinct | 16 |
| Tabulation Optical Scan Technology process is used
to | 17 |
| automatically examine and count the votes on ballot sheets,
the | 18 |
| provisions of this Section shall apply. A voter shall cast a
| 19 |
| proper vote on a ballot sheet by making a mark, or causing a | 20 |
| mark to be
made, in the designated
area for the casting of a | 21 |
| vote for any party or candidate or for
or against any | 22 |
| proposition. For this purpose, a mark is any
an
intentional | 23 |
| darkening or partial darkening within
of the designated area on | 24 |
| the ballot,
using the approved marking device and that can be | 25 |
| automatically examined, counted, and tabulated by an | 26 |
| electronic scanning process or any mark or marks approved by | 27 |
| the State Board of Elections exclusive to an approved | 28 |
| electronic scanning voting system, and not an identifying mark.
| 29 |
| (b) For any ballot sheet that does not register a vote for | 30 |
| one or more
ballot positions on the ballot sheet on a | 31 |
| Electronic Precinct Tabulation
Optical Scan Technology | 32 |
| Scanning Process, the following shall constitute a vote
on the | 33 |
| ballot sheet:
| 34 |
| (1) the designated area for casting a vote for a | 35 |
| particular ballot
position on the ballot sheet is fully |
|
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| darkened or shaded in; or
| 2 |
| (2) the designated area for casting a vote for a | 3 |
| particular ballot
position on the ballot sheet is partially | 4 |
| darkened or shaded in . ;
| 5 |
| (3) the designated area for casting a vote for a | 6 |
| particular ballot
position on the ballot sheet contains a | 7 |
| dot or ".", a check, or a
plus or "+"; or
| 8 |
| (4) the designated area for casting a vote for a | 9 |
| particular ballot
position on the ballot sheet contains | 10 |
| some other type of mark that
indicates the clearly | 11 |
| ascertainable intent of the voter to vote based
on the | 12 |
| totality of the circumstances, including but not limited to
| 13 |
| any pattern or frequency of marks on other ballot
positions | 14 |
| from the same ballot sheet.
| 15 |
| (5) the designated area for casting a vote for a | 16 |
| particular ballot
position on the ballot sheet is not | 17 |
| marked, but the ballot sheet contains other
markings | 18 |
| associated with a particular ballot position, such as | 19 |
| circling a
candidate's name, that indicates the clearly | 20 |
| ascertainable intent of the voter
to vote, based on the | 21 |
| totality of the circumstances, including but not limited
| 22 |
| to, any pattern or frequency of markings on other ballot | 23 |
| positions from the
same ballot sheet.
| 24 |
| (c) For other electronic voting systems that use a computer | 25 |
| as the marking
device to mark a ballot sheet, the bar code | 26 |
| found on the ballot sheet shall
constitute the votes found on | 27 |
| the ballot. If, however, the county clerk or
board of election | 28 |
| commissioners determines that the votes
represented by the | 29 |
| tally on the bar code for one or more ballot positions is
| 30 |
| inconsistent with the votes represented by numerical ballot | 31 |
| positions
identified on the ballot sheet produced using a | 32 |
| computer as the marking device,
then the numerical ballot | 33 |
| positions identified on the ballot sheet shall
constitute the | 34 |
| votes for purposes of any official canvass or recount
| 35 |
| proceeding. An electronic voting system that uses a computer as | 36 |
| the marking
device to mark a ballot sheet shall be capable of |
|
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| producing a ballot sheet that
contains all numerical ballot | 2 |
| positions selected by the voter,
and provides a place for the | 3 |
| voter to cast a write-in vote for a candidate
for a particular | 4 |
| numerical ballot position.
| 5 |
| (d) The election authority shall provide an envelope, | 6 |
| sleeve or
other device to each voter so the voter can
deliver | 7 |
| the voted ballot sheet to the counting equipment and
ballot box | 8 |
| without the votes indicated on the ballot sheet being
visible | 9 |
| to other persons in the polling place.
| 10 |
| (Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)
| 11 |
| (10 ILCS 5/24B-15.1)
| 12 |
| Sec. 24B-15.1. Discovery, Recounts and Election Contests.
| 13 |
| Except as provided, discovery recounts and election
contests | 14 |
| shall be conducted as otherwise provided for in
this Code. The | 15 |
| automatic Precinct Tabulation
Optical Scan Technology | 16 |
| tabulating equipment shall be tested
prior to the discovery | 17 |
| recount or election contest as provided in
Section 24B-9, and | 18 |
| then the official ballots shall be recounted
on the automatic | 19 |
| tabulating equipment. In addition, (a) the
ballots shall be | 20 |
| checked for the presence or absence of judges'
initials and | 21 |
| other distinguishing marks, and (b) the ballots
marked | 22 |
| "Rejected", "Defective", "Objected To" and "Absentee
Ballot" | 23 |
| shall be examined to determine the propriety of the
labels, and | 24 |
| (c) the "Duplicate Absentee Ballots", "Duplicate
Overvoted | 25 |
| Ballots" and "Duplicate Damaged Ballots" shall be
compared with | 26 |
| their respective originals to determine the
correctness of the | 27 |
| duplicates.
| 28 |
| Any person who has filed a petition for discovery recount
| 29 |
| may request that a redundant count be conducted in those
| 30 |
| precincts in which the discovery recount is being conducted. | 31 |
| The
additional costs of a redundant count shall be borne by the
| 32 |
| requesting party.
| 33 |
| The log of the computer operator and all materials retained
| 34 |
| by the election authority in relation to vote tabulation and
| 35 |
| canvass shall be made available for any discovery recount or
|
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| election contest.
| 2 |
| For any ballot sheet that does not register a vote for one | 3 |
| or more ballot positions on the ballot sheet on an Electronic | 4 |
| Precinct Tabulation Optical Scan Technology Scanning Process | 5 |
| for purposes of this Section the following shall constitute a | 6 |
| vote: | 7 |
| (1) the designated area for casting a vote for a | 8 |
| particular ballot position on the ballot sheet contains a | 9 |
| dot or ".", a check, or a plus or "+"; or | 10 |
| (2) the designated area for casting a vote for a | 11 |
| particular ballot position on the ballot sheet is not | 12 |
| marked, but the ballot sheet contains other markings | 13 |
| associated with a particular ballot position, such as | 14 |
| circling a candidate's name, that indicates the clearly | 15 |
| ascertainable intent of the voter to vote, based on the | 16 |
| totality of the circumstances, including but not limited to | 17 |
| any pattern or frequency of markings on other ballot | 18 |
| positions from the same ballot sheet. | 19 |
| For other electronic voting systems that use a computer as | 20 |
| the marking device to mark a ballot sheet, the bar code found | 21 |
| on the ballot sheet shall constitute the votes found on the | 22 |
| ballot. If, however, the county clerk or board of election | 23 |
| commissioners determines that the votes
represented by the | 24 |
| tally on the bar code for one or more ballot positions is | 25 |
| inconsistent with the votes represented by numerical ballot | 26 |
| positions identified on the ballot sheet produced using a | 27 |
| computer as the marking device, then the numerical ballot | 28 |
| positions identified on the ballot sheet shall constitute the | 29 |
| votes for purposes of any official canvass or recount | 30 |
| proceeding. An electronic voting system that uses a computer as | 31 |
| the marking device to mark a ballot sheet shall be capable of | 32 |
| producing a ballot sheet that contains all numerical ballot | 33 |
| positions selected by the voter, and provides a place for the | 34 |
| voter to cast a write-in vote for a candidate for a particular | 35 |
| numerical ballot position.
| 36 |
| (Source: P.A. 89-394, eff. 1-1-97.)
|
|
|
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| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
|
|