Full Text of HB3548 94th General Assembly
HB3548 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3548
Introduced 2/24/2005, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-15 |
from Ch. 46, par. 7-15 |
10 ILCS 5/12-1 |
from Ch. 46, par. 12-1 |
10 ILCS 5/17-9 |
from Ch. 46, par. 17-9 |
10 ILCS 5/18-5 |
from Ch. 46, par. 18-5 |
10 ILCS 5/Art. 19A heading new |
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10 ILCS 5/19A-5 new |
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10 ILCS 5/19A-10 new |
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10 ILCS 5/19A-15 new |
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10 ILCS 5/19A-20 new |
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10 ILCS 5/19A-25 new |
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10 ILCS 5/19A-25.5 new |
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10 ILCS 5/19A-30 new |
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10 ILCS 5/19A-35 new |
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10 ILCS 5/19A-40 new |
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10 ILCS 5/19A-45 new |
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10 ILCS 5/19A-50 new |
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10 ILCS 5/19A-55 new |
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10 ILCS 5/19A-60 new |
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10 ILCS 5/19A-65 new |
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10 ILCS 5/19A-70 new |
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10 ILCS 5/19A-75 new |
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10 ILCS 5/24A-10 |
from Ch. 46, par. 24A-10 |
10 ILCS 5/24A-10.1 |
from Ch. 46, par. 24A-10.1 |
10 ILCS 5/24A-15.1 |
from Ch. 46, par. 24A-15.1 |
10 ILCS 5/24B-10 |
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10 ILCS 5/24B-15.1 |
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30 ILCS 805/8.29 new |
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Amends the Election Code. Allows registered voters to vote by personal
appearance
during an early voting period. Provides that the early voting period begins on
the third Saturday preceding a general primary, consolidated primary,
consolidated, or general election and ends on the Friday before the election.
Provides for permanent and temporary polling places for early voting. Provides
that the election authority must publish a schedule of locations and times for
early voting. Sets procedures for the issuance, return, and casting of early
ballots. Prohibits advertising or campaigning within 100 feet of a polling
place for early voting. Removes provisions permitting an absentee voter to vote on election day by cancelling or revoking his or her absentee ballot. Amends the State Mandates Act to require implementation
without reimbursement.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB3548 |
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LRB094 09177 JAM 39410 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-15, 12-1,
17-9, 18-5, 24A-10, 24A-10.1, 24A-15.1, | 6 |
| 24B-10, and 24B-15.1 and by adding Article 19A and Sections | 7 |
| 19A-5, 19A-10, 19A-15, 19A-20, 19A-25, 19A-25.5, 19A-30, | 8 |
| 19A-35, 19A-40, 19A-45, 19A-50, 19A-55, 19A-60, 19A-65, | 9 |
| 19A-70, and 19A-75 as
follows:
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| (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
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| Sec. 7-15. At least 60 days prior to each general and | 12 |
| consolidated primary,
the election authority shall provide | 13 |
| public notice, calculated to reach
elderly and handicapped | 14 |
| voters, of the availability of registration and
voting aids | 15 |
| under the Federal Voting Accessibility for the Elderly and
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| Handicapped Act, of the availability of assistance in marking | 17 |
| the ballot,
and procedures for voting by absentee ballot , and | 18 |
| procedures for early
voting
by personal appearance .
At least 20 | 19 |
| days before the general primary the county
clerk of each | 20 |
| county, and not more than 30 nor less than 10 days before
the | 21 |
| consolidated primary the election authority, shall prepare in | 22 |
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manner provided in this Act, a notice of such primary which | 23 |
| notice shall
state the time and place of holding the primary, | 24 |
| the hours during which
the polls will be open, the offices for | 25 |
| which candidates will be
nominated at such primary and the | 26 |
| political parties entitled to
participate therein, | 27 |
| notwithstanding that no candidate of any such
political party | 28 |
| may be entitled to have his name printed on the primary
ballot. | 29 |
| Such notice shall also include the list of addresses of
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| precinct polling places for the consolidated primary unless | 31 |
| such list is
separately published by the election authority not | 32 |
| less than 10 days
before the consolidated primary.
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| In counties, municipalities, or towns having fewer than | 2 |
| 500,000
inhabitants notice of the general primary shall be | 3 |
| published once in two
or more newspapers published in the | 4 |
| county, municipality or town, as the
case may be, or if there | 5 |
| is no such newspaper, then in any two or more
newspapers | 6 |
| published in the county and having a general circulation
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| throughout the community.
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| In counties, municipalities, or towns having 500,000 or | 9 |
| more
inhabitants notice of the general primary shall be | 10 |
| published at least 15
days prior to the primary by the same | 11 |
| authorities and in the same manner
as notice of election for | 12 |
| general elections are required to be published
in counties, | 13 |
| municipalities or towns of 500,000 or more inhabitants
under | 14 |
| this Act.
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| Notice of the consolidated primary shall be published once | 16 |
| in one or
more newspapers published in each political | 17 |
| subdivision having such
primary, and if there is no such | 18 |
| newspaper, then published once in a
local, community newspaper | 19 |
| having general circulation in the
subdivision, and also once in | 20 |
| a newspaper published in the county
wherein the political | 21 |
| subdivisions, or portions thereof, having such
primary are | 22 |
| situated.
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| (Source: P.A. 84-808.)
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| (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
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| Sec. 12-1. At least 60 days prior to each general and | 26 |
| consolidated election,
the election authority shall provide | 27 |
| public notice, calculated to reach
elderly and handicapped | 28 |
| voters, of the availability of registration and
voting aids | 29 |
| under the Federal Voting Accessibility for the Elderly and
| 30 |
| Handicapped Act, of the availability of assistance in marking | 31 |
| the ballot,
and procedures for voting by absentee ballot , and | 32 |
| procedures for voting
early by personal appearance .
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| At least 30 days before any general election, and at least | 34 |
| 20 days
before any special congressional election, the
county | 35 |
| clerk shall publish a notice of the election in 2 or more
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HB3548 |
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| newspapers published in the county, city, village,
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| incorporated town or town, as the case may be, or if there is | 3 |
| no such
newspaper, then in any 2 or more newspapers published | 4 |
| in the
county and having a general circulation throughout the | 5 |
| community. The
notice may be substantially as follows:
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| Notice is hereby given that on (give date), at (give the | 7 |
| place of
holding the election and the name of the precinct or | 8 |
| district) in the
county of (name county), an election will be | 9 |
| held for (give the title of
the several offices to be filled), | 10 |
| which election will be open at 6:00
a.m. and continued open | 11 |
| until 7:00 p.m. of that day.
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| Dated at .... on (insert date).
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| (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)
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| (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
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| Sec. 17-9. Any person desiring to vote shall give his name | 16 |
| and, if
required to do so, his residence to the judges of | 17 |
| election, one of whom
shall thereupon announce the same in a | 18 |
| loud and distinct tone of voice,
clear, and audible; the judges | 19 |
| of elections shall check each application
for ballot against | 20 |
| the list of voters registered in that precinct to
whom absentee
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| or early
ballots have been issued for that election, which | 22 |
| shall be
provided by the election authority and which list | 23 |
| shall be available for
inspection by pollwatchers. A voter | 24 |
| applying to vote in the
precinct on election day whose name | 25 |
| appears on the list as having
been issued an absentee
or early
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| ballot shall not be permitted to vote in the
precinct unless | 27 |
| that voter submits to the judges of election, for
cancellation | 28 |
| or revocation, his
absentee
ballot. In the case that the | 29 |
| voter's absentee
ballot is not present
in the polling place, it | 30 |
| shall be sufficient for any such voter to submit to
the judges | 31 |
| of election in lieu of his absentee
ballot, either a portion
of | 32 |
| such ballot if torn or mutilated, an affidavit executed before | 33 |
| the
judges of election specifying that the voter never received | 34 |
| an absentee
ballot, or an affidavit executed before the judges | 35 |
| of election specifying
that the voter desires to cancel or |
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| revoke any absentee
ballot that may have
been cast in the | 2 |
| voter's name . All applicable provisions of Articles
4, 5 or 6 | 3 |
| shall be complied with and if such name is found on the | 4 |
| register of
voters by the
officer having charge thereof, he | 5 |
| shall likewise repeat said name, and
the voter shall be allowed | 6 |
| to enter within the proximity of the voting
booths, as above | 7 |
| provided. One of the judges shall give the voter one,
and only | 8 |
| one of each ballot to be voted at the election, on the back of
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| which ballots such judge shall indorse his initials in such | 10 |
| manner that
they may be seen when each such ballot is properly | 11 |
| folded, and the
voter's name shall be immediately checked on | 12 |
| the register list. In those
election jurisdictions where | 13 |
| perforated ballot cards are utilized of the
type on which | 14 |
| write-in votes can be cast above the perforation, the election
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| authority shall provide a space both above and below the | 16 |
| perforation for
the judge's initials, and the judge shall | 17 |
| endorse his or her initials in
both spaces. Whenever
a proposal | 18 |
| for a constitutional amendment or for the calling of a
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| constitutional convention is to be voted upon at the election, | 20 |
| the
separate blue ballot or ballots pertaining thereto shall, | 21 |
| when being
handed to the voter, be placed on top of the other | 22 |
| ballots to be voted
at the election in such manner that the | 23 |
| legend appearing on the back
thereof, as prescribed in Section | 24 |
| 16-6 of this Act, shall be plainly
visible to the voter. At all | 25 |
| elections, when a registry may be
required, if the name of any | 26 |
| person so desiring to vote at such election
is not found on the | 27 |
| register of voters, he or she shall not receive a ballot
until | 28 |
| he or she shall have complied with the law prescribing the | 29 |
| manner and
conditions of voting by unregistered voters. If any | 30 |
| person desiring to
vote at any election shall be challenged, he | 31 |
| or she shall not receive a ballot
until he or she shall have | 32 |
| established his right to vote in the manner provided
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| hereinafter; and if he or she shall be challenged after he has | 34 |
| received his
ballot, he shall not be permitted to vote until he | 35 |
| or she has fully complied
with such requirements of the law | 36 |
| upon being challenged. Besides the
election officer, not more |
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| than 2 voters in excess of the whole number
of voting booths | 2 |
| provided shall be allowed within the proximity of the voting
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| booths at one
time. The provisions of this Act, so far as they | 4 |
| require the
registration of voters as a condition to their | 5 |
| being allowed to vote
shall not apply to persons otherwise | 6 |
| entitled to vote, who are, at the
time of the election, or at | 7 |
| any time within 60 days prior to such
election have been | 8 |
| engaged in the military or naval service of the
United States, | 9 |
| and who appear personally at the polling place on
election day | 10 |
| and produce to the judges of election satisfactory evidence
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| thereof, but such persons, if otherwise qualified to vote, | 12 |
| shall be
permitted to vote at such election without previous | 13 |
| registration.
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| All such persons shall also make an affidavit which shall | 15 |
| be in
substantially the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ............... Precinct .......... Ward
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| I, ...., do solemnly swear (or affirm) that I am a citizen | 21 |
| of the
United States, of the age of 18 years or over, and that | 22 |
| within the past
60 days prior to the date of this election at | 23 |
| which I am applying to
vote, I have been engaged in the .... | 24 |
| (military or naval) service of the
United States; and I am | 25 |
| qualified to vote under and by virtue of the
Constitution and | 26 |
| laws of the State of Illinois, and that I am a legally
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| qualified voter of this precinct and ward except that I have, | 28 |
| because of
such service, been unable to register as a voter; | 29 |
| that I now reside at
.... (insert street and number, if any) in | 30 |
| this precinct and ward; that I
have maintained a legal | 31 |
| residence in this precinct and ward for 30 days
and in this | 32 |
| State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| The affidavit of any such person shall be supported by the | 2 |
| affidavit
of a resident and qualified voter of any such | 3 |
| precinct and ward, which
affidavit shall be in substantially | 4 |
| the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ........... Precinct ........... Ward
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| I, ...., do solemnly swear (or affirm), that I am a | 10 |
| resident of this
precinct and ward and entitled to vote at this | 11 |
| election; that I am
acquainted with .... (name of the | 12 |
| applicant); that I verily believe him
to be an actual bona fide | 13 |
| resident of this precinct and ward and that I
verily believe | 14 |
| that he or she has maintained a legal residence therein 30 days
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| and in this State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| All affidavits made under the provisions of this Section | 21 |
| shall be
enclosed in a separate envelope securely sealed, and | 22 |
| shall be
transmitted with the returns of the elections to the | 23 |
| county clerk or to
the board of election commissioners, who | 24 |
| shall preserve the said
affidavits for the period of 6 months, | 25 |
| during which period such
affidavits shall be deemed public | 26 |
| records and shall be freely open to
examination as such.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| Sec. 18-5. Any person desiring to vote and whose name is | 30 |
| found upon
the register of voters by the person having charge | 31 |
| thereof, shall then
be questioned by one of the judges as to | 32 |
| his nativity, his term of
residence at present address, | 33 |
| precinct, State and United States, his
age, whether naturalized |
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| and if so the date of naturalization papers and
court from | 2 |
| which secured, and he shall be asked to state his residence
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| when last previously registered and the date of the election | 4 |
| for which
he then registered. The judges of elections shall | 5 |
| check each application
for ballot against the list of voters | 6 |
| registered in that precinct to whom
absentee and early ballots | 7 |
| have been issued for that election, which shall
be provided
by | 8 |
| the election authority and which list shall be available for | 9 |
| inspection
by pollwatchers. A voter applying to vote in
the | 10 |
| precinct on
election day whose name appears on the list as | 11 |
| having been issued an absentee
or early ballot shall not be | 12 |
| permitted to vote in the precinct unless that
voter
submits to | 13 |
| the judges of election, for cancellation or revocation, his
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| absentee ballot. In the case that the voter's absentee ballot | 15 |
| is not
present in the polling place, it shall be
sufficient for | 16 |
| any such voter to submit to the judges of election in lieu
of | 17 |
| his absentee ballot, either a portion of such ballot if torn or
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| mutilated, an affidavit executed before the judges of election
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| specifying that the voter never received an absentee ballot, or | 20 |
| an
affidavit
executed before the judges of election specifying | 21 |
| that the voter desires to
cancel or revoke any absentee ballot | 22 |
| that may have been cast in
the voter's
name .
If such person
so | 23 |
| registered shall be challenged as disqualified, the party | 24 |
| challenging
shall assign his reasons therefor, and thereupon | 25 |
| one of the judges shall
administer to him an oath to answer | 26 |
| questions, and if he shall take the
oath he shall then be | 27 |
| questioned by the judge or judges touching such cause
of | 28 |
| challenge, and touching any other cause of disqualification. | 29 |
| And he may
also be questioned by the person challenging him in | 30 |
| regard to his
qualifications and identity. But if a majority of | 31 |
| the judges are of the
opinion that he is the person so | 32 |
| registered and a qualified voter, his vote
shall then be | 33 |
| received accordingly. But if his vote be rejected by such
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| judges, such person may afterward produce and deliver an | 35 |
| affidavit to such
judges, subscribed and sworn to by him before | 36 |
| one of the judges, in which
it shall be stated how long he has |
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| resided in such precinct, and state;
that he is a citizen of | 2 |
| the United States, and is a duly qualified voter in
such | 3 |
| precinct, and that he is the identical person so registered.
In | 4 |
| addition to such an affidavit, the person so challenged shall | 5 |
| provide
to the judges of election proof of residence by | 6 |
| producing 2 forms of
identification showing the person's | 7 |
| current residence address, provided
that such identification | 8 |
| to the person at his current residence address and
postmarked | 9 |
| not earlier than 30 days prior to the date of the
election, or | 10 |
| the person shall procure a witness personally known to the
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| judges of election, and resident in the precinct (or district), | 12 |
| or who
shall be proved by some legal voter of such precinct or | 13 |
| district, known to
the judges to be such, who shall take the | 14 |
| oath following, viz:
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| I do solemnly swear (or affirm) that I am a resident of | 16 |
| this election
precinct (or district), and entitled to vote at | 17 |
| this election, and that I
have been a resident of this State | 18 |
| for 30 days last past, and am well
acquainted with the person | 19 |
| whose vote is now offered; that he is an actual
and bona fide | 20 |
| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, | 22 |
| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the | 24 |
| judges of
election, or by any officer, resident in the precinct | 25 |
| or district,
authorized by law to administer oaths. Also | 26 |
| supported by an affidavit by a
registered voter residing in | 27 |
| such precinct, stating his own residence, and
that he knows | 28 |
| such person; and that he does reside at the place mentioned
and | 29 |
| has resided in such precinct and state for the length of time | 30 |
| as stated
by such person, which shall be subscribed and sworn | 31 |
| to in the same way.
Whereupon the vote of such person shall be | 32 |
| received, and entered as other
votes. But such judges, having | 33 |
| charge of such registers, shall state in
their respective books | 34 |
| the facts in such case, and the affidavits, so
delivered to the | 35 |
| judges, shall be preserved and returned to the office of
the | 36 |
| commissioners of election. Blank affidavits of the character |
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HB3548 |
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| aforesaid
shall be sent out to the judges of all the precincts, | 2 |
| and the judges of
election shall furnish the same on demand and | 3 |
| administer the oaths without
criticism. Such oaths, if | 4 |
| administered by any other officer than such judge
of election, | 5 |
| shall not be received. Whenever a proposal for a
constitutional | 6 |
| amendment or for the calling of a constitutional convention
is | 7 |
| to be voted upon at the election, the separate blue ballot or | 8 |
| ballots
pertaining thereto shall be placed on top of the other | 9 |
| ballots to be voted
at the election in such manner that the | 10 |
| legend appearing on the back
thereof, as prescribed in Section | 11 |
| 16-6 of this Act, shall be plainly
visible to the voter, and in | 12 |
| this fashion the ballots shall be handed to
the voter by the | 13 |
| judge.
| 14 |
| The voter shall, upon quitting the voting booth, deliver to | 15 |
| one of
the judges of election all of the ballots, properly | 16 |
| folded, which he
received. The judge of election to whom the | 17 |
| voter delivers his ballots
shall not accept the same unless all | 18 |
| of the ballots given to the voter
are returned by him. If a | 19 |
| voter delivers less than all of the ballots
given to him, the | 20 |
| judge to whom the same are offered shall advise him in
a voice | 21 |
| clearly audible to the other judges of election that the voter
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| must return the remainder of the ballots. The statement of the | 23 |
| judge to
the voter shall clearly express the fact that the | 24 |
| voter is not required
to vote such remaining ballots but that | 25 |
| whether or not he votes them he
must fold and deliver them to | 26 |
| the judge. In making such statement the
judge of election shall | 27 |
| not indicate by word, gesture or intonation of
voice that the | 28 |
| unreturned ballots shall be voted in any particular
manner. No | 29 |
| new voter shall be permitted to enter the voting booth of a
| 30 |
| voter who has failed to deliver the total number of ballots | 31 |
| received by
him until such voter has returned to the voting | 32 |
| booth pursuant to the
judge's request and again quit the booth | 33 |
| with all of the ballots
required to be returned by him. Upon | 34 |
| receipt of all such ballots the
judges of election shall enter | 35 |
| the name of the voter, and his number, as
above provided in | 36 |
| this section, and the judge to whom the ballots are
delivered |
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| shall immediately put the ballots into the ballot box. If any
| 2 |
| voter who has failed to deliver all the ballots received by him | 3 |
| refuses
to return to the voting booth after being advised by | 4 |
| the judge of
election as herein provided, the judge shall | 5 |
| inform the other judges of
such refusal, and thereupon the | 6 |
| ballot or ballots returned to the judge
shall be deposited in | 7 |
| the ballot box, the voter shall be permitted to
depart from the | 8 |
| polling place, and a new voter shall be permitted to
enter the | 9 |
| voting booth.
| 10 |
| The judge of election who receives the ballot or ballots | 11 |
| from the
voter shall announce the residence and name of such | 12 |
| voter in a loud
voice. The judge shall put the ballot or | 13 |
| ballots received from the voter
into the ballot box in the | 14 |
| presence of the voter and the judges of
election, and in plain | 15 |
| view of the public. The judges having charge of
such registers | 16 |
| shall then, in a column prepared thereon, in the same
line of, | 17 |
| the name of the voter, mark "Voted" or the letter "V".
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| No judge of election shall accept from any voter less than | 19 |
| the full
number of ballots received by such voter without first | 20 |
| advising the
voter in the manner above provided of the | 21 |
| necessity of returning all of
the ballots, nor shall any such | 22 |
| judge advise such voter in a manner
contrary to that which is | 23 |
| herein permitted, or in any other manner
violate the provisions | 24 |
| of this section; provided, that the acceptance by
a judge of | 25 |
| election of less than the full number of ballots delivered to
a | 26 |
| voter who refuses to return to the voting booth after being | 27 |
| properly
advised by such judge shall not be a violation of this | 28 |
| Section.
| 29 |
| (Source: P.A. 89-653, eff. 8-14-96.)
| 30 |
| (10 ILCS 5/Art. 19A heading new)
| 31 |
| ARTICLE 19A. EARLY VOTING BY PERSONAL APPEARANCE | 32 |
| (10 ILCS 5/19A-5 new)
| 33 |
| Sec. 19A-5. Issuance of ballots; voting booths.
| 34 |
| (a) If a request is made to vote early by a registered |
|
|
|
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| 1 |
| voter in person, the
election
authority shall issue a ballot | 2 |
| for early voting to the voter. The ballot must
be voted on the
| 3 |
| premises of the election authority and returned to the election | 4 |
| authority.
| 5 |
| (b) On the dates for early voting prescribed in Section | 6 |
| 19A-15, each
election authority shall provide voting booths, | 7 |
| with suitable equipment for
voting, on the premises of the | 8 |
| election authority for use by registered voters
who are issued | 9 |
| ballots for early voting in accordance with this Section.
| 10 |
| (c) The election authority must maintain a list for each | 11 |
| election of the
voters to whom it has issued early ballots. The | 12 |
| list must be maintained for
each precinct within the election | 13 |
| authority's jurisdiction. Before the opening
of the polls on | 14 |
| election day, the
election authority shall deliver to the | 15 |
| judges of election in each precinct the
list of registered | 16 |
| voters who have voted by early ballot.
| 17 |
| (10 ILCS 5/19A-10 new)
| 18 |
| Sec. 19A-10. Permanent polling places for early voting.
| 19 |
| (a) An election authority may establish permanent polling | 20 |
| places for early
voting by personal appearance at locations | 21 |
| throughout the election authority's
jurisdiction. Except as | 22 |
| otherwise provided in subsection (b), any person
entitled to | 23 |
| vote early by personal appearance may do so at any polling | 24 |
| place
established for early voting.
| 25 |
| (b) If it is impractical for the election authority to | 26 |
| provide at each
polling place for early voting a ballot in | 27 |
| every form required in the election
authority's jurisdiction, | 28 |
| the election authority may:
| 29 |
| (1) provide appropriate forms of ballots to the office | 30 |
| of the municipal
clerk in a municipality not having a board | 31 |
| of election commissioners; the
township clerk; or in | 32 |
| counties not under township organization, the road
| 33 |
| district clerk; and
| 34 |
| (2) limit voting at that polling place to registered | 35 |
| voters in that
municipality, ward or group of wards, |
|
|
|
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| 1 |
| township, or road district.
| 2 |
| (10 ILCS 5/19A-15 new)
| 3 |
| Sec. 19A-15. Period for early voting; hours.
| 4 |
| (a) The period for early voting by personal appearance | 5 |
| begins the third
Saturday preceding a general primary, | 6 |
| consolidated primary, consolidated, or
general election and | 7 |
| extends through the Thursday before election day, Sundays
and | 8 |
| holidays excepted.
| 9 |
| (b) The election authority may include any Sunday or | 10 |
| holiday that falls
within the period for early voting.
| 11 |
| (c) A permanent polling place for early voting must remain | 12 |
| open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 13 |
| to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 14 |
| Saturdays. If the election authority includes a
Sunday or | 15 |
| holiday that falls within the period for early voting, the | 16 |
| permanent
polling place must remain open during the hours that | 17 |
| the election authority and
municipal clerk, township clerk, or | 18 |
| road district clerk establish.
| 19 |
| (10 ILCS 5/19A-20 new)
| 20 |
| Sec. 19A-20. Temporary branch polling places.
| 21 |
| (a) In addition to permanent polling places for early | 22 |
| voting, the election
authority may establish temporary branch | 23 |
| polling places for early voting.
| 24 |
| (b) The provisions of subsection (c) of Section 19A-15 do | 25 |
| not apply to a
temporary polling place. Voting at a temporary | 26 |
| branch polling place may be
conducted on any one or more days | 27 |
| and during any hours within the period for
early voting by | 28 |
| personal appearance that are determined by the election
| 29 |
| authority.
| 30 |
| (c) The schedules for conducting voting do not need to be | 31 |
| uniform among the
temporary branch polling places.
| 32 |
| (d) The legal rights and remedies which inure to the owner | 33 |
| or lessor of
private property are not impaired or otherwise | 34 |
| affected by the leasing of the
property for use as a temporary |
|
|
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| branch polling place for early voting, except
to the extent | 2 |
| necessary to conduct early voting at that location.
| 3 |
| (10 ILCS 5/19A-25 new)
| 4 |
| Sec. 19A-25. Schedule of locations and times for early | 5 |
| voting.
| 6 |
| (a) The election authority shall publish during the week | 7 |
| before the period
for early voting and at least once each week | 8 |
| during the period for early voting
in a newspaper of general | 9 |
| circulation in the election authority's jurisdiction
a | 10 |
| schedule stating:
| 11 |
| (1) the location of each permanent and temporary | 12 |
| polling place for early
voting and the precincts served by | 13 |
| each location; and
| 14 |
| (2) the dates and hours that early voting will be | 15 |
| conducted at each
location.
| 16 |
| (b) The election authority shall post a copy of the | 17 |
| schedule at the office
of any municipal clerk, township clerk, | 18 |
| or road district clerk that is to be used as a polling place | 19 |
| for early voting. The
schedule must be posted continuously for | 20 |
| a period beginning not later than the
5th day before the first | 21 |
| day of the
period for early voting by personal appearance and | 22 |
| ending on the last day of
that period.
| 23 |
| (c) The election authority must make copies of the schedule | 24 |
| available to the
public in reasonable quantities without charge | 25 |
| during the period of posting.
| 26 |
| (d) If the election authority maintains a website, it shall | 27 |
| make the schedule available on its website.
| 28 |
| (e) No additional polling places for early voting may be | 29 |
| established after
the schedule is published under this Section.
| 30 |
| (10 ILCS 5/19A-25.5 new)
| 31 |
| Sec. 19A-25.5. Voting machines, automatic tabulating | 32 |
| equipment, and
precinct
tabulation optical scan technology | 33 |
| voting equipment.
| 34 |
| (a) In all jurisdictions in which voting machines are used, |
|
|
|
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| the provisions
of this Code that are not inconsistent with this | 2 |
| Article relating to the
furnishing of ballot boxes, printing | 3 |
| and furnishing ballots and supplies, the
canvassing of ballots, | 4 |
| and the making of returns, apply with full force and
effect to | 5 |
| the extent necessary to make this Article effective, provided | 6 |
| that
the number of ballots to be printed shall be in the | 7 |
| discretion of the election
authority.
| 8 |
| (b) If the election authority has adopted the use of | 9 |
| automatic tabulating
equipment under Article 24A of this Code, | 10 |
| and the provisions of that Article
are in conflict with the
| 11 |
| provisions of this Article 19A, the provisions of Article 24A | 12 |
| shall govern the
procedures followed by the election authority, | 13 |
| its judges of election, and all
employees and agents.
| 14 |
| (c) If the election authority has adopted the use of | 15 |
| precinct tabulation
optical scan technology voting equipment | 16 |
| under Article 24B of this Code, and
the provisions of that | 17 |
| Article are in conflict with the provisions of this
Article | 18 |
| 19A, the provisions of Article 24B shall govern the procedures | 19 |
| followed
by the election authority, its judges of election, and | 20 |
| all employees and
agents.
| 21 |
| (d) If the election authority has adopted the use of Direct | 22 |
| Recording Electronic Voting Systems under Article 24C of this | 23 |
| Code, and the provisions of that Article are in conflict with | 24 |
| the provisions of this Article 19A, the provisions of Article | 25 |
| 24C shall govern the procedures followed by the election | 26 |
| authority, its judges of election, and all employees and | 27 |
| agents.
| 28 |
| (10 ILCS 5/19A-30 new)
| 29 |
| Sec. 19A-30. Appointment of election officials.
| 30 |
| (a) The election authority must appoint an employee or | 31 |
| designate a municipal clerk, township clerk, or road district | 32 |
| clerk to serve as the election
official in charge of each | 33 |
| polling place for early voting.
| 34 |
| (b) The election authority may also appoint as many | 35 |
| additional election
officials as it deems necessary for the |
|
|
|
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| proper conduct of the election.
| 2 |
| (10 ILCS 5/19A-35 new)
| 3 |
| Sec. 19A-35. Procedure for voting.
| 4 |
| (a) Not more than 23 days before the start of early voting, | 5 |
| the county clerk
shall make available to the election authority | 6 |
| conducting early voting by
personal
appearance a sufficient | 7 |
| number of early ballots, envelopes, and printed voting
| 8 |
| instruction slips for the use of early voters. The election | 9 |
| authority shall
receipt for all ballots received and shall | 10 |
| return unused or spoiled ballots at
the close of the early | 11 |
| voting period to the county clerk and must strictly
account for | 12 |
| all ballots received. The ballots delivered to the election
| 13 |
| authority must include early ballots for each precinct in the | 14 |
| election
authority's jurisdiction and must include separate | 15 |
| ballots for each political
subdivision conducting an election | 16 |
| of officers or a referendum at that
election.
| 17 |
| (b) In conducting early voting under this Article, the | 18 |
| election official is
not required to verify the signature of | 19 |
| the early voter by comparison with the
signature on the
| 20 |
| official registration card, however, the official must verify | 21 |
| (i) the identity
of the applicant, (ii) that the applicant is a | 22 |
| registered voter, (iii) the
precinct in which the applicant is | 23 |
| registered, and (iv) the proper ballots of
the political | 24 |
| subdivision in which the applicant resides and is entitled to
| 25 |
| vote before providing an early ballot to the applicant. The | 26 |
| election official
must verify the applicant's registration | 27 |
| from the most recent poll list
provided by the
election | 28 |
| authority, and if the applicant is not listed on that poll | 29 |
| list, by
telephoning the office of the election authority.
| 30 |
| (c) The sealed early ballots in their carrier envelope | 31 |
| shall be delivered by
the election officials to the proper | 32 |
| polling place before the close of the
polls on the day of the | 33 |
| election.
| 34 |
| (10 ILCS 5/19A-40 new)
|
|
|
|
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| Sec. 19A-40. Enclosure of ballots in envelope.
| 2 |
| It is the duty of the election authority to fold the
ballot | 3 |
| or ballots in the manner specified by the statute for folding
| 4 |
| ballots prior to their deposit in the ballot box, and to | 5 |
| enclose the
ballot or ballots in an envelope unsealed to be | 6 |
| furnished by him, which
envelope shall bear upon the face | 7 |
| thereof the name, official title, and
post office address of | 8 |
| the election authority, and upon the other side
a printed | 9 |
| certification in substantially the
following form:
| 10 |
| I state that I am a resident of the .... precinct of the | 11 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 12 |
| the city of
.... residing at .... in that city or town in the | 13 |
| county of .... and
State of Illinois, that I have lived at that | 14 |
| address for .... months
last past; that I am lawfully entitled | 15 |
| to vote in that precinct at the
.... election to be held on | 16 |
| .... .
| 17 |
| *fill in either (1), (2) or (3).
| 18 |
| I further state that I personally marked the enclosed | 19 |
| ballot in secret.
| 20 |
| Under penalties of perjury as provided by law pursuant to | 21 |
| Section 29-10
of the Election Code, the undersigned certifies | 22 |
| that the statements set
forth in this certification are true | 23 |
| and correct.
| 24 |
| .......................
| 25 |
| If the ballot enclosed is to be voted at a primary
| 26 |
| election, the certification shall designate the name of the | 27 |
| political
party with which the voter is affiliated.
| 28 |
| In addition to the above, the election authority shall | 29 |
| provide
printed slips giving full instructions regarding the | 30 |
| manner of marking
and returning the ballot in order that the | 31 |
| same may be counted, and
shall furnish one of the printed slips | 32 |
| to each of such applicants at
the same time the ballot is | 33 |
| delivered to him or her.
The instructions shall include the | 34 |
| following statement: "In signing the
certification on the early | 35 |
| ballot envelope, you are attesting that you
personally marked | 36 |
| this early ballot in secret.
If your are physically unable to |
|
|
|
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| mark the ballot, a friend or relative may
assist you. Federal | 2 |
| and State laws prohibit your employer, your employer's
agent, | 3 |
| or an officer or agent of your union form assisting physically | 4 |
| disabled
voters."
| 5 |
| In addition to the above, if a ballot to be provided to a | 6 |
| voter
pursuant to this Section contains a public question | 7 |
| described in subsection
(b) of Section 28-6 and the territory | 8 |
| concerning which the question is
to be submitted is not | 9 |
| described on the ballot due to the space limitations
of the | 10 |
| ballot, the election authority shall provide a printed copy of
| 11 |
| a notice of the public question, which shall include a | 12 |
| description of the
territory in the manner required by Section | 13 |
| 16-7. The notice shall be
furnished to the voter at the same | 14 |
| time the ballot is delivered to the
voter.
| 15 |
| (10 ILCS 5/19A-45 new)
| 16 |
| Sec. 19A-45. Certification. The voter shall make and | 17 |
| subscribe the
certification provided for on the return envelope | 18 |
| of the ballot, and the ballot
or ballots shall be folded by the | 19 |
| voter in the manner required to be folded
before
depositing the | 20 |
| ballot in the ballot box, and shall be deposited in the | 21 |
| envelope
and the envelope securely sealed. The voter shall then | 22 |
| endorse his or her
certificate on the back of the envelope and | 23 |
| the envelope shall be returned to
the election official | 24 |
| conducting the early voting.
| 25 |
| (10 ILCS 5/19A-50 new)
| 26 |
| Sec. 19A-50. Receipt of ballots. Upon receipt of the | 27 |
| voter's ballot, the
election official shall enclose the | 28 |
| unopened ballot in a large or carrier
envelope that shall be | 29 |
| securely sealed and endorsed with the name and official
title | 30 |
| of the election official and the words, "This envelope contains | 31 |
| a ballot
and must be opened on election day", together with the | 32 |
| number and description
of the precinct in which the ballot is | 33 |
| to be voted, and the election authority
shall safely keep the | 34 |
| envelope in its office until delivered to the judges of
|
|
|
|
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|
| 1 |
| election as provided in Section 19A-35.
| 2 |
| (10 ILCS 5/19A-55 new)
| 3 |
| Sec. 19A-55. Casting the ballots.
| 4 |
| At the close of the regular balloting and at the close of | 5 |
| the
polls the judges of election of each voting precinct shall | 6 |
| proceed to cast the
early voter's ballot separately, and as | 7 |
| each early voter's ballot is taken
shall open the outer or | 8 |
| carrier envelope, announce the early voter's name, and
compare | 9 |
| the signature upon the official registration card with the | 10 |
| signature
upon the
certification on the ballot envelope. In | 11 |
| case the judges find the
certification properly executed, that | 12 |
| the signatures correspond, that the
applicant is a duly | 13 |
| qualified voter in the precinct, and the voter has
not been | 14 |
| present and voted
on the election day, they shall open the | 15 |
| envelope
containing the early voter's ballot in a manner that | 16 |
| does not to deface or
destroy the certification thereon, or | 17 |
| mark or tear the ballots therein and
take out the ballot or | 18 |
| ballots therein contained without unfolding or
permitting the | 19 |
| same to be unfolded or examined, and having endorsed the
ballot | 20 |
| in like manner as other ballots are required to be endorsed, | 21 |
| shall
deposit the same in the proper ballot box or boxes and | 22 |
| enter the early
voter's name in the poll book the same as if he | 23 |
| or she had voted on election
day.
The judges shall place the | 24 |
| early ballot certification
envelopes in a separate envelope as | 25 |
| per the direction of the election
authority. The envelope | 26 |
| containing the early ballot certification
envelopes shall be | 27 |
| returned to the election authority and preserved in like
manner | 28 |
| as the official poll record.
| 29 |
| In case the signatures do not correspond, or the applicant | 30 |
| is not
a duly qualified voter in the precinct or the ballot | 31 |
| envelope is
open or has been opened and resealed, or the voter | 32 |
| has
voted on election day, the
previously cast
vote shall not | 33 |
| be allowed, but without opening the early voter's envelope
the | 34 |
| judge of the election shall mark across the face thereof, | 35 |
| "Rejected",
giving the reason therefor.
|
|
|
|
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|
| 1 |
| In case the ballot envelope contains more than one ballot | 2 |
| of any kind,
the ballots shall not be counted, but shall be | 3 |
| marked "Rejected", giving
the reason therefor.
| 4 |
| The early voters' envelopes and affidavits and the early | 5 |
| voters'
envelope with its contents unopened, when the early | 6 |
| vote is rejected,
shall be retained and preserved in the manner | 7 |
| as now provided for the
retention and preservation of official | 8 |
| ballots rejected at the election.
| 9 |
| (10 ILCS 5/19A-60 new)
| 10 |
| Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed | 11 |
| to observe early
voting by personal appearance at each | 12 |
| permanent and temporary polling place
where early voting is | 13 |
| conducted. The pollwatchers shall qualify and be
appointed in | 14 |
| the same manner as provided in Sections 7-34 and 17-23, except
| 15 |
| that
each candidate, political party, or organization of | 16 |
| citizens may appoint only
one pollwatcher for each location | 17 |
| where early voting by
personal appearance is conducted. | 18 |
| Pollwatchers must be residents of the county
and possess valid | 19 |
| pollwatcher credentials.
| 20 |
| In the polling place on election day, pollwatchers are | 21 |
| permitted to be
present during the casting of the early ballots | 22 |
| and the vote of an early voter
may be challenged for cause the | 23 |
| same as if the voter were present and voted on
election day. | 24 |
| The judges of election, or a majority of them, have the power
| 25 |
| and authority to hear and determine the legality of the early | 26 |
| ballot, provided,
however, that if a challenge to any early | 27 |
| voter's right to vote is sustained,
notice of the challenge | 28 |
| must be given by the judges of election by mail
addressed to | 29 |
| the voter's place of residence.
| 30 |
| (10 ILCS 5/19A-65 new)
| 31 |
| Sec. 19A-65. Death of voter before opening of polls. | 32 |
| Whenever due proof
is made to the judges of election that any | 33 |
| voter who has marked an early ballot
as provided in this | 34 |
| Article has died before the opening of the polls on the
date of |
|
|
|
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| 1 |
| the election, the ballot of the deceased voter shall be | 2 |
| returned by the
judges of election in the same manner provided | 3 |
| for rejected ballots; but the
casting of the ballot of a | 4 |
| deceased voter shall not invalidate the election.
| 5 |
| (10 ILCS 5/19A-70 new)
| 6 |
| Sec. 19A-70. Advertising or campaigning in proximity of | 7 |
| polling place;
penalty. During the period prescribed in Section | 8 |
| 19A-15 for early voting by
personal appearance, no advertising | 9 |
| pertaining to any candidate or proposition
to be voted on may | 10 |
| be displayed in or within 100 feet of any polling place used
by | 11 |
| voters under this Article. No person may engage in | 12 |
| electioneering in or
within 100 feet of any polling place used | 13 |
| by voters under this Article.
| 14 |
| Any person who violates this Section may be punished for | 15 |
| contempt of court.
| 16 |
| (10 ILCS 5/19A-75 new)
| 17 |
| Sec. 19A-75. Early voting in jurisdictions using Direct | 18 |
| Recording Electronic Voting Systems under Article 24C. | 19 |
| Election authorities that have adopted for use Direct Recording | 20 |
| Electronic Voting Systems under Article 24C may either use | 21 |
| those voting systems to conduct early voting or use whatever | 22 |
| method the election authority uses for absentee balloting | 23 |
| conducted by mail. | 24 |
| (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| 25 |
| Sec. 24A-10. (1) In an election jurisdiction which has | 26 |
| adopted an
electronic voting system, the election official in | 27 |
| charge of the
election shall select one of the 3 following | 28 |
| procedures for receiving,
counting, tallying, and return of the | 29 |
| ballots:
| 30 |
| (a) Two ballot boxes shall be provided for each polling | 31 |
| place. The
first ballot box is for the depositing of votes cast | 32 |
| on the electronic
voting system; and the second ballot box is | 33 |
| for all votes cast on paper
ballots, including absentee paper |
|
|
|
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|
| 1 |
| and early paper ballots and any other
paper ballots
required to | 2 |
| be voted other than on the electronic voting system.
Ballots, | 3 |
| except absentee and early ballots for candidates and | 4 |
| propositions
which
are listed on the electronic voting system, | 5 |
| deposited in the second
ballot box shall be counted, tallied, | 6 |
| and returned as is elsewhere
provided in "The Election Code," | 7 |
| as amended, for the counting and
handling of paper ballots. | 8 |
| Immediately after the closing of the polls
the absentee and | 9 |
| early ballots delivered to the precinct judges of election
by | 10 |
| the
election official in charge of the election shall be | 11 |
| examined to
determine that such ballots comply with Sections | 12 |
| 19-9 , 19A-55, and 20-9 of
"The
Election Code," as amended, and | 13 |
| are entitled to be deposited in the
ballot box provided | 14 |
| therefor; those entitled to be deposited in this
ballot box | 15 |
| shall be initialed by the precinct judges of election and
| 16 |
| deposited therein. Those not entitled to be deposited in this | 17 |
| ballot box
shall be marked "Rejected" and disposed of as | 18 |
| provided in Sections
19-9 , 19A-55, and 20-9. The precinct | 19 |
| judges of election shall then open the
second ballot box and | 20 |
| examine all paper absentee and early ballots which
are in
the | 21 |
| ballot box to determine whether the absentee and early ballots | 22 |
| bear the
initials of a precinct judge of election. If any | 23 |
| absentee or early ballot
is not
so initialed, it shall be | 24 |
| marked on the back "Defective," initialed as
to such label by | 25 |
| all judges immediately under such word "Defective," and
not | 26 |
| counted, but placed in the envelope provided for that purpose
| 27 |
| labeled "Defective Ballots Envelope." The judges of election, | 28 |
| consisting
in each case of at least one judge of election of | 29 |
| each of the two major
political parties, shall examine the | 30 |
| paper absentee and early ballots which
were
in such ballot box | 31 |
| and properly initialed so as to determine whether the
same | 32 |
| contain write-in votes. Write-in votes, not causing an overvote | 33 |
| for
an office otherwise voted for on the paper absentee or | 34 |
| early ballot, and
otherwise properly voted, shall be counted, | 35 |
| tallied and recorded on the
tally sheet provided for such | 36 |
| record. A write-in vote causing an
overvote for an office shall |
|
|
|
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|
| 1 |
| not be counted for that office, but the
precinct judges shall | 2 |
| mark such paper or early absentee ballot "Objected
To" on
the | 3 |
| back thereof and write on its back the manner in which such | 4 |
| ballot
is counted and initial the same. An overvote for one | 5 |
| office shall
invalidate only the vote or count of that | 6 |
| particular office. After
counting, tallying and recording the | 7 |
| write-in votes on absentee and early
ballots,
the judges of | 8 |
| election, consisting in each case of at least one judge of
| 9 |
| election of each of the two major political parties, shall make | 10 |
| a true
duplicate ballot of the remaining valid votes on each | 11 |
| paper absentee or
early
ballot which was in the ballot box and | 12 |
| properly initialed, by using the
electronic voting system used | 13 |
| in the precinct and one of the marking
devices of the precinct | 14 |
| so as to transfer the remaining valid votes of
the voter on the | 15 |
| paper absentee ballot to an official ballot or a ballot
card of | 16 |
| that kind used in the precinct at that election. The original
| 17 |
| paper absentee or early ballot shall be clearly labeled | 18 |
| "Absentee Ballot"
or "Early Ballot", as the case may be, and | 19 |
| the
ballot card so produced "Duplicate Absentee Ballot , " or | 20 |
| "Duplicate Early
Ballot", as the case may be, and each shall | 21 |
| bear
the same serial number which shall be placed thereon by | 22 |
| the judges of
election, commencing with number 1 and continuing | 23 |
| consecutively for the
ballots of that kind in that precinct. | 24 |
| The judges of election shall
initial the "Duplicate Absentee | 25 |
| Ballot" and "Duplicate Early Ballot"
ballots or ballot cards | 26 |
| and
shall place them in the first ballot box provided for | 27 |
| return of the
ballots to be counted at the central counting | 28 |
| location in lieu of the
paper absentee and early ballots. The | 29 |
| paper absentee and early ballots
shall be
placed in an
envelope | 30 |
| provided for that purpose labeled "Duplicate Ballots."
| 31 |
| As soon as the absentee and early ballots have been | 32 |
| deposited in the
first
ballot box, the judges of election shall | 33 |
| make out a slip indicating the
number of persons who voted in | 34 |
| the precinct at the election. Such slip
shall be signed by all | 35 |
| the judges of election and shall be inserted by
them in the | 36 |
| first ballot box. The judges of election shall thereupon
|
|
|
|
HB3548 |
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LRB094 09177 JAM 39410 b |
|
| 1 |
| immediately lock the first ballot box; provided, that if
such | 2 |
| box is not of a type which may be securely locked, such box | 3 |
| shall be
sealed with filament tape provided for such purpose
| 4 |
| which shall be wrapped around the box lengthwise and crosswise, | 5 |
| at least
twice each way, and in such manner that the seal | 6 |
| completely covers the
slot in the ballot box, and each of the | 7 |
| judges shall sign such seal. Thereupon
two of the judges of | 8 |
| election, of different political parties, shall
forthwith and | 9 |
| by the most direct route transport both ballot boxes to
the | 10 |
| counting location designated by the county clerk or board of
| 11 |
| election commissioners.
| 12 |
| Before the ballots of a precinct are fed to the electronic | 13 |
| tabulating
equipment, the first ballot box shall be opened at | 14 |
| the central counting
station by the two precinct transport | 15 |
| judges. Upon opening a ballot box,
such team shall first count | 16 |
| the number of ballots in the box. If 2 or
more are folded | 17 |
| together so as to appear to have been cast by the same
person, | 18 |
| all of the ballots so folded together shall be marked and
| 19 |
| returned with the other ballots in the same condition, as near | 20 |
| as may
be, in which they were found when first opened, but | 21 |
| shall not be
counted. If the remaining ballots are found to | 22 |
| exceed the number of
persons voting in the precinct as shown by | 23 |
| the slip signed by the judges
of election, the ballots shall be | 24 |
| replaced in the box, and the box
closed and well shaken and | 25 |
| again opened and one of the precinct
transport judges shall | 26 |
| publicly draw out so many ballots unopened as are
equal to such | 27 |
| excess.
| 28 |
| Such excess ballots shall be marked "Excess-Not Counted" | 29 |
| and signed
by the two precinct transport judges and shall be | 30 |
| placed in the "After
7:00 p.m. Defective Ballots Envelope". The | 31 |
| number of excess ballots
shall be noted in the remarks section | 32 |
| of the Certificate of Results.
"Excess" ballots shall not be | 33 |
| counted in the total of "defective"
ballots.
| 34 |
| The precinct transport judges shall then examine the | 35 |
| remaining
ballots for write-in votes and shall count and | 36 |
| tabulate the write-in
vote; or
|
|
|
|
HB3548 |
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LRB094 09177 JAM 39410 b |
|
| 1 |
| (b) A single ballot box, for the deposit of all votes cast, | 2 |
| shall be
used. All ballots which are not to be tabulated on the | 3 |
| electronic voting
system shall be counted, tallied, and | 4 |
| returned as elsewhere provided in
"The Election Code," as | 5 |
| amended, for the counting and handling of paper
ballots.
| 6 |
| All ballots to be processed and tabulated with the | 7 |
| electronic voting
system shall be processed as follows:
| 8 |
| Immediately after the closing of the polls the absentee and | 9 |
| early ballots
delivered to the precinct judges of election by | 10 |
| the election official in
charge of the election shall be | 11 |
| examined to determine that such ballots
comply with Sections | 12 |
| 19-9 , 19A-55, and 20-9 of "The Election Code," as
amended,
and | 13 |
| are entitled to be deposited in the ballot box; those entitled | 14 |
| to be
deposited in the ballot box shall be initialed by the | 15 |
| precinct judges of
election and deposited in the ballot box. | 16 |
| Those not entitled to be
deposited in the ballot box shall be | 17 |
| marked "Rejected" and disposed of
as provided in said Sections | 18 |
| 19-9 , 19A-55, and 20-9. The precinct judges of
election then | 19 |
| shall open the ballot box and canvass the votes polled to
| 20 |
| determine that the number of ballots therein agree with the | 21 |
| number of
voters voting as shown by the applications for ballot | 22 |
| or if the same do
not agree the judges of election shall make | 23 |
| such ballots agree with the
applications for ballot in the | 24 |
| manner provided by Section 17-18 of "The
Election Code." The | 25 |
| judges of election shall then examine all paper
absentee and | 26 |
| early ballots, ballot cards and ballot card envelopes which
are | 27 |
| in
the ballot box to determine whether the paper ballots, | 28 |
| ballot cards and
ballot card envelopes bear the initials of a | 29 |
| precinct judge of election.
If any paper ballot, ballot card or | 30 |
| ballot card envelope is not
initialed, it shall be marked on | 31 |
| the back "Defective," initialed as to
such label by all judges | 32 |
| immediately under such word "Defective," and
not counted, but | 33 |
| placed in the envelope provided for that purpose
labeled | 34 |
| "Defective Ballots Envelope." The judges of election, | 35 |
| consisting
in each case of at least one judge of election of | 36 |
| each of the two major
political parties, shall examine the |
|
|
|
HB3548 |
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LRB094 09177 JAM 39410 b |
|
| 1 |
| paper absentee and early ballots which
were
in the ballot box | 2 |
| and properly initialed so as to determine whether the
same | 3 |
| contain write-in votes. Write-in votes, not causing an overvote | 4 |
| for
an office otherwise voted for on the paper absentee or | 5 |
| early ballot, and
otherwise properly voted, shall be counted, | 6 |
| tallied and recorded on the
tally sheet provided for such | 7 |
| record. A write-in vote causing an
overvote for an office shall | 8 |
| not be counted for that office, but the
precinct judges shall | 9 |
| mark such paper absentee or early ballot "Objected
To" on
the | 10 |
| back thereof and write on its back the manner in which such | 11 |
| ballot
is counted and initial the same. An overvote for one | 12 |
| office shall
invalidate only the vote or count of that | 13 |
| particular office. After
counting, tallying and recording the | 14 |
| write-in votes on absentee and early
ballots,
the judges of | 15 |
| election, consisting in each case of at least one judge of
| 16 |
| election of each of the two major political parties, shall make | 17 |
| a true
duplicate ballot of the remaining valid votes on each | 18 |
| paper absentee
and early ballot which was in the ballot box and | 19 |
| properly initialed, by
using the
electronic voting system used | 20 |
| in the precinct and one of the marking
devices of the precinct | 21 |
| so as to transfer the remaining valid votes of
the voter on the | 22 |
| paper absentee or early ballot to an official ballot or a
| 23 |
| ballot
card of that kind used in the precinct at that election. | 24 |
| The original
paper absentee ballot shall be clearly labeled | 25 |
| "Absentee Ballot" or "Early
Ballot", as the case may be, and | 26 |
| the
ballot card so produced "Duplicate Absentee Ballot , " or | 27 |
| "Duplicate Early
Ballot", as the case may be, and each shall | 28 |
| bear
the same serial number which shall be placed thereon by | 29 |
| the judges of
election, commencing with number 1 and continuing | 30 |
| consecutively for the
ballots of that kind in that precinct. | 31 |
| The judges of election shall
initial the "Duplicate Absentee | 32 |
| Ballot" and "Duplicate Early Ballot"
ballots or ballot cards, | 33 |
| and
shall place them in the box for return of the ballots with | 34 |
| all other
ballots or ballot cards to be counted at the central | 35 |
| counting location
in lieu of the paper absentee and early | 36 |
| ballots. The paper absentee and
early ballots
shall
be placed |
|
|
|
HB3548 |
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LRB094 09177 JAM 39410 b |
|
| 1 |
| in an envelope provided for that purpose labeled "Duplicate
| 2 |
| Ballots."
| 3 |
| When an electronic voting system is used which utilizes a | 4 |
| ballot
card, before separating the remaining ballot cards from | 5 |
| their respective
covering envelopes, the judges of election | 6 |
| shall examine the ballot card
envelopes for write-in votes. | 7 |
| When the voter has voted a write-in vote,
the judges of | 8 |
| election shall compare the write-in vote with the votes on
the | 9 |
| ballot card to determine whether such write-in results in an
| 10 |
| overvote for any office. In case of an overvote for any office, | 11 |
| the
judges of election, consisting in each case of at least one | 12 |
| judge of
election of each of the two major political parties, | 13 |
| shall make a true
duplicate ballot of all votes on such ballot | 14 |
| card except for the office
which is overvoted, by using the | 15 |
| ballot label booklet of the precinct
and one of the marking | 16 |
| devices of the precinct so as to transfer all
votes of the | 17 |
| voter except for the office overvoted, to an official
ballot | 18 |
| card of that kind used in the precinct at that election. The
| 19 |
| original ballot card and envelope upon which there is an | 20 |
| overvote shall
be clearly labeled "Overvoted Ballot", and each | 21 |
| shall bear the same
serial number which shall be placed thereon | 22 |
| by the judges of election,
commencing with number 1 and | 23 |
| continuing consecutively for the ballots of
that kind in that | 24 |
| precinct. The judges of election shall initial the
"Duplicate | 25 |
| Overvoted Ballot" ballot cards and shall place them in the
box | 26 |
| for return of the ballots. The "Overvoted Ballot" ballots and | 27 |
| their
envelopes shall be placed in the "Duplicate Ballots" | 28 |
| envelope. Envelopes
bearing write-in votes marked in the place | 29 |
| designated therefor and
bearing the initials of a precinct | 30 |
| judge of election and not resulting
in an overvote and | 31 |
| otherwise complying with the election laws as to
marking shall | 32 |
| be counted, tallied, and their votes recorded on a tally
sheet | 33 |
| provided by the election official in charge of the election. | 34 |
| The
ballot cards and ballot card envelopes shall be separated | 35 |
| and all except
any defective or overvoted shall be placed | 36 |
| separately in the box for
return of the ballots, along with all |
|
|
|
HB3548 |
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LRB094 09177 JAM 39410 b |
|
| 1 |
| "Duplicate Absentee
Ballots , " ,"Duplicate Early Ballots", and
| 2 |
| "Duplicate Overvoted Ballots." The judges of election shall | 3 |
| examine the
ballots and ballot cards to determine if any is | 4 |
| damaged or defective so
that it cannot be counted by the | 5 |
| automatic tabulating equipment. If any
ballot or ballot card is | 6 |
| damaged or defective so that it cannot properly
be counted by | 7 |
| the automatic tabulating equipment, the judges of
election, | 8 |
| consisting in each case of at least one judge of election of
| 9 |
| each of the two major political parties, shall make a true | 10 |
| duplicate
ballot of all votes on such ballot card by using the | 11 |
| ballot label
booklet of the precinct and one of the marking | 12 |
| devices of the precinct.
The original ballot or ballot card and | 13 |
| envelope shall be clearly labeled
"Damaged Ballot" and the | 14 |
| ballot or ballot card so produced "Duplicate
Damaged Ballot," | 15 |
| and each shall bear the same number which shall be
placed | 16 |
| thereon by the judges of election, commencing with number 1 and
| 17 |
| continuing consecutively for the ballots of that kind in the | 18 |
| precinct.
The judges of election shall initial the "Duplicate | 19 |
| Damaged Ballot"
ballot or ballot cards, and shall place them in | 20 |
| the box for return of
the ballots. The "Damaged Ballot" ballots | 21 |
| or ballot cards and their
envelopes shall be placed in the | 22 |
| "Duplicated Ballots" envelope. A slip
indicating the number of | 23 |
| voters voting in person, number of absentee
votes deposited in | 24 |
| the ballot box, and the total number of voters of the
precinct | 25 |
| who voted at the election shall be made out, signed by all
| 26 |
| judges of election, and inserted in the box for return of the | 27 |
| ballots.
The tally sheets recording the write-in votes shall be | 28 |
| placed in this
box. The judges of election thereupon | 29 |
| immediately shall securely lock the
ballot box or other | 30 |
| suitable
box furnished for return of the ballots by the | 31 |
| election official in
charge of the election; provided that if | 32 |
| such box is not of a type which
may be securely locked, such | 33 |
| box shall be sealed with filament tape provided
for such | 34 |
| purpose which shall be wrapped around the box lengthwise and | 35 |
| crosswise,
at least twice each way. A separate adhesive seal | 36 |
| label signed by each of
the judges of election of the precinct |
|
|
|
HB3548 |
- 28 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| shall be affixed to the box so as
to cover any slot therein and | 2 |
| to identify the box of the precinct; and
if such box is sealed | 3 |
| with filament tape as provided herein rather than
locked, such | 4 |
| tape shall be wrapped around the box as provided herein, but
in | 5 |
| such manner that the separate adhesive seal label affixed to | 6 |
| the box
and signed by the judges may not be removed without | 7 |
| breaking the filament
tape and disturbing the signature of the | 8 |
| judges. Thereupon, 2 of the
judges of election, of different | 9 |
| major political parties, forthwith shall
by the most direct | 10 |
| route transport the box for
return of the ballots and enclosed | 11 |
| ballots and returns to the central
counting location designated | 12 |
| by the election official in charge of the
election. If, | 13 |
| however, because of the lack of adequate parking
facilities at | 14 |
| the central counting location or for any other reason, it
is | 15 |
| impossible or impracticable for the boxes from all the polling | 16 |
| places
to be delivered directly to the central counting | 17 |
| location, the election
official in charge of the election may | 18 |
| designate some other location to
which the boxes shall be | 19 |
| delivered by the 2 precinct judges. While at
such other | 20 |
| location the boxes shall be in the care and custody of one or
| 21 |
| more teams, each consisting of 4 persons, 2 from each of the | 22 |
| two major
political parties, designated for such purpose by the | 23 |
| election official
in charge of elections from recommendations | 24 |
| by the appropriate political
party organizations. As soon as | 25 |
| possible, the boxes shall be transported
from such other | 26 |
| location to the central counting location by one or more
teams, | 27 |
| each consisting of 4 persons, 2 from each of the 2 major
| 28 |
| political parties, designated for such purpose by the election | 29 |
| official
in charge of elections from recommendations by the | 30 |
| appropriate political
party organizations.
| 31 |
| The "Defective Ballots" envelope, and "Duplicated Ballots" | 32 |
| envelope
each shall be securely sealed and the flap or end | 33 |
| thereof of each signed
by the precinct judges of election and | 34 |
| returned to the central counting
location with the box for | 35 |
| return of the ballots, enclosed ballots and
returns.
| 36 |
| At the central counting location, a team of tally judges |
|
|
|
HB3548 |
- 29 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| designated
by the election official in charge of the election | 2 |
| shall check the box
returned containing the ballots to | 3 |
| determine that all seals are intact,
and thereupon shall open | 4 |
| the box, check the voters' slip and compare the
number of | 5 |
| ballots so delivered against the total number of voters of the
| 6 |
| precinct who voted, remove the ballots or ballot cards and | 7 |
| deliver them
to the technicians operating the automatic | 8 |
| tabulating equipment. Any
discrepancies between the number of | 9 |
| ballots and total number of voters
shall be noted on a sheet | 10 |
| furnished for that purpose and signed by the
tally judges; or
| 11 |
| (c) A single ballot box, for the deposit of all votes cast, | 12 |
| shall be used.
Immediately after the closing of the polls the | 13 |
| judges of election
shall examine the absentee and early ballots | 14 |
| received by the precinct
judges of election
from the election | 15 |
| authority of voters in that precinct to determine that
they | 16 |
| comply with the provisions of Sections 19-9, 19A-55, 20-8 , and
| 17 |
| 20-9 of the Election
Code, as amended, and are entitled to be | 18 |
| deposited in the ballot box; those
entitled to be deposited in | 19 |
| the ballot box shall be initialed by the precinct
judges and | 20 |
| deposited in the ballot box. Those not entitled to be deposited
| 21 |
| in the ballot box, in accordance with Sections 19-9, 19A-55, | 22 |
| 20-8 , and
20-9 of the
Election Code, as amended, shall be | 23 |
| marked "Rejected" and preserved in the
manner provided in The | 24 |
| Election Code for the retention and preservation
of official | 25 |
| ballots rejected at such election. Immediately upon the | 26 |
| completion
of the absentee and early balloting, the precinct | 27 |
| judges of election shall
securely
lock the ballot box; provided | 28 |
| that if such box is not of a
type which may be securely locked, | 29 |
| such box shall be sealed with filament
tape provided for such | 30 |
| purpose which shall be wrapped around the box lengthwise
and | 31 |
| crosswise, at least twice each way.
A separate adhesive seal | 32 |
| label signed by each of the judges of election
of the precinct | 33 |
| shall be affixed to the box so as to cover any slot therein
and | 34 |
| to identify the box of the precinct; and if such box is sealed | 35 |
| with
filament tape as provided herein rather than locked, such | 36 |
| tape shall be
wrapped around the box as provided herein, but in |
|
|
|
HB3548 |
- 30 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| such manner that the separate
adhesive seal label affixed to | 2 |
| the box and signed by the judges may not
be removed without | 3 |
| breaking the filament tape and disturbing the signature
of the | 4 |
| judges. Thereupon, 2 of the judges
of election, of different
| 5 |
| major political parties, shall forthwith by the most direct | 6 |
| route transport
the box for return of the ballots and enclosed | 7 |
| absentee and early ballots
and returns
to the central counting | 8 |
| location designated by the election official
in charge of the | 9 |
| election. If however, because of the lack of adequate
parking | 10 |
| facilities at the central counting location or for some other | 11 |
| reason,
it is impossible or impracticable for the boxes from | 12 |
| all the polling places
to be delivered directly to the central | 13 |
| counting location, the election
official in charge of the | 14 |
| election may designate some other location to
which the boxes | 15 |
| shall be delivered by the 2 precinct judges. While at
such | 16 |
| other location the boxes shall be in the care and custody of | 17 |
| one or
more teams, each consisting of 4 persons, 2 from each of | 18 |
| the two major
political
parties, designated for such purpose by | 19 |
| the election official in charge
of elections from | 20 |
| recommendations by the appropriate political party
| 21 |
| organizations.
As soon as possible, the boxes shall be | 22 |
| transported from such other location
to the central counting | 23 |
| location by one or more teams, each consisting of
4 persons, 2 | 24 |
| from each of the 2 major political parties, designated for
such | 25 |
| purpose by the election official in charge of the election from
| 26 |
| recommendations
by the appropriate political party | 27 |
| organizations.
| 28 |
| At the central counting location there shall be one or more | 29 |
| teams of tally
judges who possess the same qualifications as | 30 |
| tally judges in election
jurisdictions
using paper ballots. The | 31 |
| number of such teams shall be determined by the
election | 32 |
| authority. Each team shall consist of 5 tally judges, 3 | 33 |
| selected
and approved by the county board from a certified list | 34 |
| furnished by the
chairman of the county central committee of | 35 |
| the party with the majority
of members on the county board and | 36 |
| 2 selected and approved by the county
board from a certified |
|
|
|
HB3548 |
- 31 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| list furnished by the chairman of the county central
committee | 2 |
| of the party with the second largest number of members
on the | 3 |
| county board. At the central counting location a team of tally | 4 |
| judges
shall open the ballot box and canvass the votes polled | 5 |
| to determine that
the number of ballot sheets
therein agree | 6 |
| with the number of voters voting as shown by the applications
| 7 |
| for ballot and for absentee and early
ballot; and, if the same | 8 |
| do not agree, the tally judges shall make such
ballots agree | 9 |
| with the number of applications for ballot in the manner | 10 |
| provided
by Section 17-18 of the Election Code. The tally | 11 |
| judges shall then examine
all ballot sheets which are in the | 12 |
| ballot box to determine whether they
bear the initials of the | 13 |
| precinct judge of election. If any ballot is not
initialed, it | 14 |
| shall be marked on the back "Defective", initialed as to such
| 15 |
| label by all tally judges immediately under such word | 16 |
| "Defective", and not
counted, but placed in the envelope | 17 |
| provided for that purpose labeled
"Defective
Ballots | 18 |
| Envelope". Write-in votes, not causing an overvote for an
| 19 |
| office otherwise voted for on the absentee and early ballot | 20 |
| sheet, and
otherwise properly
voted, shall be counted, tallied | 21 |
| and recorded by the central counting location
judges on the | 22 |
| tally sheet provided for such record. A write-in vote causing
| 23 |
| an overvote for an office shall not be counted for that office, | 24 |
| but the
tally judges shall mark such absentee ballot sheet | 25 |
| "Objected
To" on the back thereof and write on its back the | 26 |
| manner in which such ballot
is counted and initial the same. An | 27 |
| overvote for one office shall invalidate
only the vote or count | 28 |
| of that particular office.
| 29 |
| At the central counting location, a team of tally judges | 30 |
| designated
by the election official in charge of the election | 31 |
| shall deliver the ballot
sheets to the technicians operating | 32 |
| the automatic tabulating equipment.
Any discrepancies between | 33 |
| the number of ballots and total number of voters
shall be noted | 34 |
| on a sheet furnished for that purpose and signed by the tally
| 35 |
| judges.
| 36 |
| (2) Regardless of which procedure described in subsection |
|
|
|
HB3548 |
- 32 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| (1) of this
Section is used,
the judges of election designated | 2 |
| to transport the ballots, properly signed
and sealed as | 3 |
| provided herein, shall ensure that the ballots are delivered
to | 4 |
| the central counting station no later than 12 hours after the | 5 |
| polls close.
At the central counting station a team of tally | 6 |
| judges designated by the
election official in charge of the | 7 |
| election shall examine the ballots so
transported and shall not | 8 |
| accept ballots for tabulating which are not signed
and sealed | 9 |
| as provided in subsection (1) of this Section until the
judges | 10 |
| transporting the
same make and sign the necessary corrections. | 11 |
| Upon acceptance of the ballots
by a team of tally judges at the | 12 |
| central counting station, the election
judges transporting the | 13 |
| same shall take a receipt signed by the election
official in | 14 |
| charge of the election and stamped with the date and time of
| 15 |
| acceptance. The election judges whose duty it is to transport | 16 |
| any ballots
shall, in the event
such ballots cannot be found | 17 |
| when needed, on proper request, produce the
receipt which they | 18 |
| are to take as above provided.
| 19 |
| (Source: P.A. 83-1362.)
| 20 |
| (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| 21 |
| Sec. 24A-10.1. In an election jurisdiction where | 22 |
| in-precinct counting
equipment is utilized, the following | 23 |
| procedures for counting and
tallying the ballots shall apply:
| 24 |
| Immediately after the closing of the polls, the absentee | 25 |
| and early ballots delivered
to the precinct judges of election | 26 |
| by the election authority shall be examined
to determine that | 27 |
| such ballots comply with
Sections 19-9 and 20-9 of this Act and | 28 |
| are entitled to be deposited in the
ballot box; those entitled | 29 |
| to be deposited in the ballot box shall be initialed
by the | 30 |
| precinct judges of election and deposited
in the ballot box. | 31 |
| Those not entitled to be deposited in the ballot box
shall be | 32 |
| marked "Rejected" and disposed of as provided in said Sections | 33 |
| 19-9 , 19A-55,
and 20-9.
| 34 |
| The precinct judges of election shall open the ballot box | 35 |
| and count the
number of ballots therein
to determine if such |
|
|
|
HB3548 |
- 33 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| number agrees with the number of voters voting as shown
by the | 2 |
| applications for ballot or, if the same do not agree, the | 3 |
| judges
of election shall make such ballots agree with the | 4 |
| applications for ballot
in the manner provided by Section 17-18 | 5 |
| of this Act.
The judges of election shall then examine all | 6 |
| ballot cards and ballot card
envelopes which are in the ballot | 7 |
| box to determine whether the ballot cards
and ballot card | 8 |
| envelopes contain the initials of a precinct judge of
election. | 9 |
| If any ballot card or ballot card envelope is not initialed, it
| 10 |
| shall be marked on the back "Defective", initialed as to such | 11 |
| label by all
judges immediately under the word "Defective" and | 12 |
| not counted. The judges of
election shall place an initialed | 13 |
| blank official ballot card in the place of
the defective ballot | 14 |
| card, so that the count of the ballot cards to be counted
on | 15 |
| the automatic tabulating equipment will be the same, and each | 16 |
| "Defective
Ballot" card and "Replacement" card shall contain | 17 |
| the same serial number
which shall be placed thereon by the | 18 |
| judges of election, commencing with
number 1 and continuing | 19 |
| consecutively for the ballots of that kind in that
precinct. | 20 |
| The original "Defective" card shall be placed in the "Defective
| 21 |
| Ballot Envelope" provided for that purpose.
| 22 |
| When an electronic voting system is used which utilizes a | 23 |
| ballot card,
before separating the remaining ballot cards from | 24 |
| their respective covering
envelopes, the judges of election | 25 |
| shall examine the ballot card envelopes
for write-in votes. | 26 |
| When the voter has cast a write-in vote, the judges
of election | 27 |
| shall compare the write-in vote with the votes on the ballot
| 28 |
| card to determine whether such write-in results in an overvote | 29 |
| for any office.
In case of an overvote for any office, the | 30 |
| judges of election, consisting
in each case of at least
one | 31 |
| judge of election of each of the 2 major political parties, | 32 |
| shall make
a true duplicate ballot of all votes on such ballot | 33 |
| card except for the
office which is overvoted, by using the | 34 |
| ballot label booklet of the precinct
and one of the marking | 35 |
| devices of the precinct so as to transfer all votes
of the | 36 |
| voter, except for the office overvoted, to a duplicate card. |
|
|
|
HB3548 |
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LRB094 09177 JAM 39410 b |
|
| 1 |
| The
original ballot card and envelope upon which there is an | 2 |
| overvote shall
be clearly labeled
"Overvoted Ballot", and each | 3 |
| such "Overvoted Ballot" as well as its
"Replacement" shall | 4 |
| contain the same serial number which shall be placed thereon by | 5 |
| the
judges of election, commencing with number 1 and continuing | 6 |
| consecutively
for the ballots of that kind in that precinct.
| 7 |
| The "Overvoted Ballot" card and ballot envelope shall be placed | 8 |
| in an envelope
provided for that purpose labeled "Duplicate | 9 |
| Ballot" envelope, and the judges
of election shall initial the | 10 |
| "Replacement" ballot
cards and shall place them with the other | 11 |
| ballot cards to be counted on
the automatic tabulating
| 12 |
| equipment. Envelopes containing write-in votes marked in the | 13 |
| place designated
therefor and containing the initials of a | 14 |
| precinct judge of election and
not resulting in an overvote and | 15 |
| otherwise complying with the election laws
as to marking shall | 16 |
| be counted and tallied and their votes recorded on a
tally | 17 |
| sheet provided by the election authority.
| 18 |
| The ballot cards and ballot card envelopes shall be | 19 |
| separated in preparation
for counting by the automatic | 20 |
| tabulating equipment provided for that
purpose by the election | 21 |
| authority.
| 22 |
| Before the ballots are entered into the automatic | 23 |
| tabulating
equipment, a precinct identification card provided | 24 |
| by the election authority
shall be entered into the device to | 25 |
| ensure that the totals are all zeroes
in the count column on | 26 |
| the printing unit. A precinct judge of election
shall then | 27 |
| count the ballots
by entering each ballot card into the | 28 |
| automatic tabulating
equipment, and if any ballot or ballot | 29 |
| card is damaged or defective so that
it cannot properly be | 30 |
| counted by the automatic tabulating equipment, the
judges of | 31 |
| election, consisting in each case of at least one judge of | 32 |
| election
of each of the
2 major political parties, shall make a | 33 |
| true duplicate ballot of all votes
on such ballot card by using | 34 |
| the ballot label booklet of the precinct and
one of the marking | 35 |
| devices of the precinct. The original ballot or ballot
card and | 36 |
| envelope shall be clearly labeled "Damaged Ballot" and the |
|
|
|
HB3548 |
- 35 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| ballot
or ballot card so produced shall be clearly labeled | 2 |
| "Duplicate Damaged Ballot",
and each shall contain the same | 3 |
| serial number which shall be placed
thereon by the judges of | 4 |
| election, commencing with number 1 and continuing
| 5 |
| consecutively for the ballots of
that kind in the precinct. The | 6 |
| judges of election shall initial the "Duplicate
Damaged Ballot" | 7 |
| ballot or ballot cards and shall enter the
duplicate damaged | 8 |
| cards into the automatic tabulating equipment. The "Damaged
| 9 |
| Ballot" cards
shall be placed in the "Duplicated Ballots" | 10 |
| envelope; after all ballot cards
have been successfully read, | 11 |
| the judges of election shall check to make certain that
the | 12 |
| last number printed by the printing unit is the same as the | 13 |
| number of
voters making application for ballot in that | 14 |
| precinct.
The number shall be listed on the "Statement of | 15 |
| Ballots" form provided by
the election authority.
| 16 |
| The totals for all candidates and propositions shall be | 17 |
| tabulated; 4 sets
shall be attached to the 4 sets of | 18 |
| "Certificate of Results" provided by
the election authority; | 19 |
| one set shall be posted in a conspicuous place inside
the | 20 |
| polling place; and every effort shall be made by the judges of | 21 |
| election
to provide a set for each authorized pollwatcher or | 22 |
| other official authorized
to be present in the polling place to | 23 |
| observe the counting of ballots; but
in no case shall the | 24 |
| number of sets to be made available to pollwatchers
be fewer | 25 |
| than 4, chosen by lot by the judges of election. In addition,
| 26 |
| sufficient
time shall be provided by the judges of election to | 27 |
| the pollwatchers to
allow them to copy information from the set | 28 |
| which has been posted.
| 29 |
| The judges of election shall count all unused ballot cards | 30 |
| and enter the
number on the "Statement of Ballots". All | 31 |
| "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | 32 |
| counted and the number entered on the
"Statement of Ballots".
| 33 |
| The precinct judges of election shall select a bi-partisan | 34 |
| team of 2 judges,
who shall immediately return the ballots in a | 35 |
| sealed container, along with
all other election materials as | 36 |
| instructed by the election authority;
provided, however, that |
|
|
|
HB3548 |
- 36 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| such container must first be sealed by the election
judges with | 2 |
| filament tape provided for such purpose which shall be wrapped
| 3 |
| around the container lengthwise and crosswise, at least twice | 4 |
| each way, in
such manner that the ballots cannot be removed | 5 |
| from such container without
breaking the seal and filament tape | 6 |
| and disturbing any signatures affixed
by the election judges to | 7 |
| the container. The election authority shall keep
the office of | 8 |
| the election authority, or any receiving stations designated
by | 9 |
| such authority, open for at least 12 consecutive hours after | 10 |
| the polls
close or until the ballots from all precincts with | 11 |
| in-precinct counting
equipment within the jurisdiction of the | 12 |
| election authority have been
returned to the election | 13 |
| authority. Ballots returned to the office of the
election | 14 |
| authority which are not signed and sealed as required by law | 15 |
| shall
not be accepted by the election authority until the | 16 |
| judges returning the
same make and sign the necessary | 17 |
| corrections. Upon acceptance of the ballots
by the election | 18 |
| authority, the judges returning the same shall take a
receipt | 19 |
| signed by the election authority and stamped with the time and | 20 |
| date
of such return. The election judges whose duty it is to | 21 |
| return any ballots
as herein provided shall, in the event such | 22 |
| ballots cannot be found when
needed, on proper request, produce | 23 |
| the receipt which they are to take as above provided.
| 24 |
| (Source: P.A. 83-1362.)
| 25 |
| (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
| 26 |
| 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
| 31 |
| 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 | 35 |
| ballots marked "Rejected", "Defective",
Objected to", and |
|
|
|
HB3548 |
- 37 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| "Absentee Ballot" , and "Early Ballot" shall be
examined
to | 2 |
| determine the
propriety of the such labels, and (3) the | 3 |
| "Duplicate Absentee Ballots",
"Duplicate Early Ballots", | 4 |
| "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" | 5 |
| shall be
compared with their respective originals to determine | 6 |
| the correctness of
the duplicates.
| 7 |
| 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.
| 12 |
| The log of the computer operator and all materials retained | 13 |
| by the election
authority in relation to vote tabulation and | 14 |
| canvass shall be made available
for any discovery recount or | 15 |
| election contest.
| 16 |
| (Source: P.A. 82-1014.)
| 17 |
| (10 ILCS 5/24B-10)
| 18 |
| Sec. 24B-10. Receiving, Counting, Tallying and Return of
| 19 |
| Ballots; Acceptance of Ballots by Election Authority.
| 20 |
| (a) In an election jurisdiction which has adopted an | 21 |
| electronic Precinct
Tabulation Optical Scan Technology voting | 22 |
| system, the election
official in charge of the election shall | 23 |
| select one of the 3
following procedures for receiving, | 24 |
| counting, tallying, and
return of the ballots:
| 25 |
| (1) Two ballot boxes shall be provided for each polling
| 26 |
| place. The first ballot box is for the depositing of votes | 27 |
| cast
on the electronic voting system; and the second ballot | 28 |
| box is for
all votes cast on other ballots, including | 29 |
| absentee paper and early paper ballots
and any other paper | 30 |
| ballots required to be voted other than on
the Precinct | 31 |
| Tabulation Optical Scan Technology electronic voting
| 32 |
| system. Ballots, except absentee and early ballots for | 33 |
| candidates and
propositions which are listed on the | 34 |
| Precinct Tabulation Optical
Scan Technology electronic | 35 |
| voting system, deposited in the second
ballot box shall be |
|
|
|
HB3548 |
- 38 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| counted, tallied, and returned as is
elsewhere provided in | 2 |
| this Code for the
counting and handling of paper ballots. | 3 |
| Immediately after the
closing of the polls the absentee and | 4 |
| early ballots delivered to the
precinct judges of election | 5 |
| by the election official in charge of
the election shall be | 6 |
| examined to determine that the ballots
comply with Sections | 7 |
| 19-9 , 19A-55, and 20-9 of this Code and are entitled to be | 8 |
| inserted
into the counting
equipment and deposited into the | 9 |
| ballot box provided;
those entitled to be deposited in this | 10 |
| ballot box shall be
initialed by the precinct judges of | 11 |
| election and deposited.
Those not entitled to be deposited | 12 |
| in this ballot box
shall be marked "Rejected" and disposed | 13 |
| of as provided in
Sections 19-9 , 19A-55, and 20-9. The | 14 |
| precinct judges of election shall
then open the second | 15 |
| ballot box and examine all paper absentee and early
ballots | 16 |
| which are in the ballot box to determine whether the
| 17 |
| absentee or early ballots bear the initials of a precinct | 18 |
| judge of
election. If any absentee or early ballot is not | 19 |
| so initialed, it shall
be marked on the back "Defective", | 20 |
| initialed as to the label by
all judges immediately under | 21 |
| the word "Defective", and not
counted, but placed in the | 22 |
| envelope provided for that purpose
labeled "Defective | 23 |
| Ballots Envelope". The judges of election,
consisting in | 24 |
| each case of at least one judge of election of each
of the | 25 |
| 2 major political parties, shall examine the paper
absentee | 26 |
| and early ballots which were in such ballot box and | 27 |
| properly
initialed to determine whether the same contain | 28 |
| write-in
votes. Write-in votes, not causing an overvote for | 29 |
| an office
otherwise voted for on the paper absentee or | 30 |
| early ballot, and otherwise
properly voted, shall be | 31 |
| counted, tallied and recorded on the
tally sheet provided | 32 |
| for the record. A write-in vote causing an
overvote for an | 33 |
| office shall not be counted for that office, but
the | 34 |
| precinct judges shall mark such paper absentee or early | 35 |
| ballot
"Objected To" on the back and write on its back the
| 36 |
| manner in which the ballot is counted and initial the same. |
|
|
|
HB3548 |
- 39 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| An
overvote for one office shall invalidate only the vote | 2 |
| or count
of that particular office. After counting, | 3 |
| tallying and
recording the write-in votes on absentee and | 4 |
| early ballots, the judges of
election, consisting in each | 5 |
| case of at least one judge of
election of each of the 2 | 6 |
| major political parties, shall make a
true duplicate ballot | 7 |
| of the remaining valid votes on each paper
absentee and | 8 |
| early ballot which was in the ballot box and properly
| 9 |
| initialed, by using the electronic Precinct Tabulation | 10 |
| Optical
Scan Technology voting system used in the precinct | 11 |
| and one of the
marking devices, or equivalent marking | 12 |
| device or equivalent ballot, of the
precinct to transfer | 13 |
| the remaining
valid votes of the voter on the paper | 14 |
| absentee or early ballot to an
official ballot or a ballot | 15 |
| card of that kind used in the
precinct at that election. | 16 |
| The original paper absentee ballot
shall be clearly labeled | 17 |
| "Absentee Ballot" or "Early Ballot", as the case may be, | 18 |
| and the ballot card so
produced "Duplicate Absentee Ballot" | 19 |
| or "Duplicate Early Ballot", as the case may be , and each | 20 |
| shall bear the
same serial number which shall be placed | 21 |
| thereon by the judges of
election, beginning with number 1 | 22 |
| and continuing consecutively
for the ballots of that kind | 23 |
| in that precinct. The judges of
election shall initial the | 24 |
| "Duplicate Absentee Ballot" and "Duplicate Early Ballot" | 25 |
| ballots
and shall place them in the first ballot box | 26 |
| provided for return
of the ballots to be counted at the | 27 |
| central counting location in
lieu of the paper absentee and | 28 |
| early ballots. The paper absentee and early ballots
shall | 29 |
| be placed in an envelope provided for that purpose labeled
| 30 |
| "Duplicate Ballots".
| 31 |
| As soon as the absentee and early ballots have been | 32 |
| deposited in the
first ballot box, the judges of election | 33 |
| shall make out a slip
indicating the number of persons who | 34 |
| voted in the precinct at the
election. The slip shall be | 35 |
| signed by all the judges of
election and shall be inserted | 36 |
| by them in the first ballot box.
The judges of election |
|
|
|
HB3548 |
- 40 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| shall thereupon immediately lock the first
ballot box; | 2 |
| provided, that if the box is not of a type which may
be | 3 |
| securely locked, the box shall be sealed with filament tape
| 4 |
| provided for the purpose that shall be wrapped around the | 5 |
| box
lengthwise and crosswise, at least twice each way, and | 6 |
| in a
manner that the seal completely covers the slot in the | 7 |
| ballot
box, and each of the judges shall sign the seal. Two
| 8 |
| of the judges of election, of different political parties, | 9 |
| shall
by the most direct route transport both ballot
boxes | 10 |
| to the counting location designated by the county clerk or
| 11 |
| board of election commissioners.
| 12 |
| Before the ballots of a precinct are fed to the | 13 |
| electronic
Precinct Tabulation Optical Scan Technology | 14 |
| tabulating equipment,
the first ballot box shall be opened | 15 |
| at the central counting
station by the 2 precinct transport | 16 |
| judges. Upon opening a
ballot box, the team shall first | 17 |
| count the number of ballots in
the box. If 2 or more are | 18 |
| folded together to appear to
have been cast by the same | 19 |
| person, all of the ballots folded
together shall be marked | 20 |
| and returned with the other ballots in
the same condition, | 21 |
| as near as may be, in which they were found
when first | 22 |
| opened, but shall not be counted. If the remaining
ballots | 23 |
| are found to exceed the number of persons voting in the
| 24 |
| precinct as shown by the slip signed by the judges of | 25 |
| election,
the ballots shall be replaced in the box, and the | 26 |
| box closed and
well shaken and again opened and one of the | 27 |
| precinct transport
judges shall publicly draw out so many | 28 |
| ballots unopened as are
equal to the excess.
| 29 |
| The excess ballots shall be marked "Excess-Not | 30 |
| Counted" and
signed by the 2 precinct transport judges and | 31 |
| shall be placed
in the "After 7:00 p.m. Defective Ballots | 32 |
| Envelope". The number
of excess ballots shall be noted in | 33 |
| the remarks section of the
Certificate of Results. "Excess" | 34 |
| ballots shall not be counted in
the total of "defective" | 35 |
| ballots.
| 36 |
| The precinct transport judges shall then examine the
|
|
|
|
HB3548 |
- 41 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| remaining ballots for write-in votes and shall count and | 2 |
| tabulate
the write-in vote.
| 3 |
| (2) A single ballot box, for the deposit of all votes | 4 |
| cast,
shall be used. All ballots which are not to be | 5 |
| tabulated on the
electronic voting system shall be counted, | 6 |
| tallied, and returned
as elsewhere provided in this Code | 7 |
| for the
counting and handling of paper ballots.
| 8 |
| All ballots to be processed and tabulated with the | 9 |
| electronic
Precinct Tabulation Optical Scan Technology | 10 |
| voting system shall
be processed as follows:
| 11 |
| Immediately after the closing of the polls the absentee | 12 |
| and early
ballots delivered to the precinct judges of | 13 |
| election by the
election official in charge of the election | 14 |
| shall be examined to
determine that such ballots comply | 15 |
| with Sections 19-9 , 19A-55, and 20-9 of
this Code and are | 16 |
| entitled to be deposited
in the ballot box; those entitled | 17 |
| to be deposited in the ballot
box shall be initialed by the | 18 |
| precinct judges of election and
deposited in the ballot | 19 |
| box. Those not entitled to be deposited
in the ballot box | 20 |
| shall be marked "Rejected" and disposed of as
provided in | 21 |
| Sections 19-9 , 19A-55, and 20-9. The precinct judges of
| 22 |
| election then shall open the ballot box and canvass the | 23 |
| votes
polled to determine that the number of ballots agree | 24 |
| with
the number of voters voting as shown by the | 25 |
| applications for
ballot, or if the same do not agree the | 26 |
| judges of election shall
make such ballots agree with the | 27 |
| applications for ballot in the
manner provided by Section | 28 |
| 17-18 of this Code. The
judges of election shall then | 29 |
| examine all paper absentee and early ballots and ballot
| 30 |
| envelopes which are in the ballot
box to determine whether | 31 |
| the ballots and ballot envelopes bear the initials of
a | 32 |
| precinct judge of election. If any ballot or ballot
| 33 |
| envelope is not initialed, it shall be marked on the back
| 34 |
| "Defective", initialed as to the label by all judges | 35 |
| immediately
under the word "Defective", and not counted, | 36 |
| but placed in the
envelope provided for that purpose |
|
|
|
HB3548 |
- 42 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| labeled "Defective Ballots
Envelope". The judges of | 2 |
| election, consisting in each case of at
least one judge of | 3 |
| election of each of the 2 major political
parties, shall | 4 |
| examine the paper absentee and early ballots which were in
| 5 |
| the ballot box and properly initialed to determine whether
| 6 |
| the same contain write-in votes. Write-in votes, not | 7 |
| causing an
overvote for an office otherwise voted for on | 8 |
| the paper absentee or early
ballot, and otherwise properly | 9 |
| voted, shall be counted, tallied
and recorded on the tally | 10 |
| sheet provided for the record. A
write-in vote causing an | 11 |
| overvote for an office shall not be
counted for that | 12 |
| office, but the precinct judges shall mark the
paper | 13 |
| absentee or early ballot "Objected To" on the back and | 14 |
| write
on its back the manner the ballot is counted and
| 15 |
| initial the same. An overvote for one office shall | 16 |
| invalidate
only the vote or count of that particular | 17 |
| office. After
counting, tallying and recording the | 18 |
| write-in votes on absentee and early
ballots, the judges of | 19 |
| election, consisting in each case of at
least one judge of | 20 |
| election of each of the 2 major political
parties, shall | 21 |
| make a true duplicate ballot of the remaining
valid votes | 22 |
| on each paper absentee and early ballot which was in the | 23 |
| ballot
box and properly initialed, by using the electronic | 24 |
| voting system
used in the precinct and one of the marking | 25 |
| devices of the
precinct to transfer the remaining valid | 26 |
| votes of the voter
on the paper absentee or early ballot to | 27 |
| an official ballot of that kind used in the
precinct at | 28 |
| that election. The
original paper absentee or early ballot | 29 |
| shall be clearly labeled "Absentee
Ballot" or "Early | 30 |
| Ballot", as the case may be, and the ballot so produced | 31 |
| "Duplicate Absentee
Ballot" or "Duplicate Early Ballot", as | 32 |
| the case may be , and each shall bear the same serial number | 33 |
| which shall
be placed thereon by the judges of election, | 34 |
| commencing with
number 1 and continuing consecutively for | 35 |
| the ballots of that
kind in that precinct. The judges of | 36 |
| election shall initial the
"Duplicate Absentee Ballot" and |
|
|
|
HB3548 |
- 43 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| "Duplicate Early Ballot" ballots and shall
place them in | 2 |
| the box for return of the ballots with all other
ballots to | 3 |
| be counted at the central counting
location in lieu of the | 4 |
| paper absentee and early ballots. The paper
absentee | 5 |
| ballots shall be placed in an envelope provided for that
| 6 |
| purpose labeled "Duplicate Ballots".
| 7 |
| In case of an overvote for any office, the judges of
| 8 |
| election, consisting in each case of at least one judge of
| 9 |
| election of each of the 2 major political parties, shall | 10 |
| make a
true duplicate ballot of all votes on the ballot | 11 |
| except for
the office which is overvoted, by using the | 12 |
| ballot of the
precinct and one of the marking devices, or | 13 |
| equivalent ballot, of the
precinct to
transfer all votes of | 14 |
| the voter except for the office overvoted,
to an official | 15 |
| ballot of that kind used in the precinct at
that election. | 16 |
| The original ballot upon which there is an
overvote shall | 17 |
| be clearly labeled "Overvoted Ballot", and each
shall bear | 18 |
| the same serial number which shall be placed thereon
by the | 19 |
| judges of election, beginning with number 1 and
continuing | 20 |
| consecutively for the ballots of that kind in that
| 21 |
| precinct. The judges of election shall initial the | 22 |
| "Duplicate
Overvoted Ballot" ballots and shall place them | 23 |
| in the box for
return of the ballots. The "Overvoted | 24 |
| Ballot" ballots shall be
placed in the "Duplicate Ballots" | 25 |
| envelope. The ballots except
any defective or overvoted | 26 |
| ballot shall be placed separately in
the box for return of | 27 |
| the ballots, along with all "Duplicate
Absentee Ballots" , | 28 |
| "Duplicate Early Ballots" , and "Duplicate Overvoted | 29 |
| Ballots". The judges
of election shall examine the ballots | 30 |
| to determine if any is
damaged or defective so that it | 31 |
| cannot be counted by the
automatic tabulating equipment. If | 32 |
| any ballot is
damaged or defective so that it cannot | 33 |
| properly be counted by the
automatic tabulating equipment, | 34 |
| the judges of election,
consisting in each case of at least | 35 |
| one judge of election of each
of the 2 major political | 36 |
| parties, shall make a true duplicate
ballot of all votes on |
|
|
|
HB3548 |
- 44 - |
LRB094 09177 JAM 39410 b |
|
| 1 |
| such ballot by using the ballot of
the precinct and one of | 2 |
| the marking devices, or equivalent ballot, of the
precinct. | 3 |
| The
original ballot and ballot envelope shall be clearly
| 4 |
| labeled "Damaged Ballot" and the ballot so
produced | 5 |
| "Duplicate Damaged Ballot", and each shall bear the same
| 6 |
| number which shall be placed thereon by the judges of | 7 |
| election,
commencing with number 1 and continuing | 8 |
| consecutively for the
ballots of that kind in the precinct. | 9 |
| The judges of election
shall initial the "Duplicate Damaged | 10 |
| Ballot" ballot and shall place them in
the box for return | 11 |
| of the ballots.
The "Damaged Ballot" ballots
shall be | 12 |
| placed in the "Duplicated Ballots" envelope. A slip
| 13 |
| indicating the number of voters voting in person, number of
| 14 |
| absentee and early votes deposited in the ballot box, and | 15 |
| the total number
of voters of the precinct who voted at the | 16 |
| election shall be made
out, signed by all judges of | 17 |
| election, and inserted in the box
for return of the | 18 |
| ballots. The tally sheets recording the write-in votes | 19 |
| shall
be placed in this box. The judges of election | 20 |
| immediately shall
securely lock the ballot box or other | 21 |
| suitable box furnished for return of the
ballots by the | 22 |
| election official in charge of the election; provided that | 23 |
| if
the box is not of a type which may be securely locked, | 24 |
| the box shall be
sealed with filament tape provided for the | 25 |
| purpose which shall
be wrapped around the box lengthwise | 26 |
| and crosswise, at least
twice each way. A separate adhesive | 27 |
| seal label signed by each of
the judges of election of the | 28 |
| precinct shall be affixed to the
box to cover any slot | 29 |
| therein and to identify the box of
the precinct; and if the | 30 |
| box is sealed with filament tape as
provided rather than | 31 |
| locked, such tape shall be wrapped
around the box as | 32 |
| provided, but in such manner that the
separate adhesive | 33 |
| seal label affixed to the box and signed by the
judges may | 34 |
| not be removed without breaking the filament tape and
| 35 |
| disturbing the signature of the judges. Two of the
judges | 36 |
| of election, of different major political parties,
shall by |
|
|
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HB3548 |
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| 1 |
| the most direct route transport the box for
return of the | 2 |
| ballots and enclosed ballots and returns to the
central | 3 |
| counting location designated by the election official in
| 4 |
| charge of the election. If, however, because of the lack of
| 5 |
| adequate parking facilities at the central counting | 6 |
| location or
for any other reason, it is impossible or | 7 |
| impracticable for the
boxes from all the polling places to | 8 |
| be delivered directly to the
central counting location, the | 9 |
| election official in charge of the
election may designate | 10 |
| some other location to which the boxes
shall be delivered | 11 |
| by the 2 precinct judges. While at the other
location the | 12 |
| boxes shall be in the care and custody of one or
more | 13 |
| teams, each consisting of 4 persons, 2 from each of the 2
| 14 |
| major political parties, designated for such purpose by the
| 15 |
| election official in charge of elections from | 16 |
| recommendations by
the appropriate political party | 17 |
| organizations. As soon as
possible, the boxes shall be | 18 |
| transported from the other location
to the central counting | 19 |
| location by one or more teams, each
consisting of 4 | 20 |
| persons, 2 from each of the 2 major political
parties, | 21 |
| designated for the purpose by the election official in
| 22 |
| charge of elections from recommendations by the | 23 |
| appropriate
political party organizations.
| 24 |
| The "Defective Ballots" envelope, and "Duplicated | 25 |
| Ballots"
envelope each shall be securely sealed and the | 26 |
| flap or end
of each envelope signed by the precinct judges | 27 |
| of election and
returned to the central counting location | 28 |
| with the box for return
of the ballots, enclosed ballots | 29 |
| and returns.
| 30 |
| At the central counting location, a team of tally | 31 |
| judges
designated by the election official in charge of the | 32 |
| election
shall check the box returned containing the | 33 |
| ballots to determine
that all seals are intact, and shall | 34 |
| open the box,
check the voters' slip and compare the number | 35 |
| of ballots so
delivered against the total number of voters | 36 |
| of the precinct who
voted, remove the ballots and deliver |
|
|
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| 1 |
| them to the
technicians operating the automatic tabulating | 2 |
| equipment. Any
discrepancies between the number of ballots | 3 |
| and total number of
voters shall be noted on a sheet | 4 |
| furnished for that purpose and
signed by the tally judges.
| 5 |
| (3) A single ballot box, for the deposit of all votes | 6 |
| cast,
shall be used. Immediately after the closing of the | 7 |
| polls the
judges of election shall examine the absentee and | 8 |
| early ballots received by
the precinct judges of election | 9 |
| from the election authority of
voters in that precinct to | 10 |
| determine that they comply with the
provisions of Sections | 11 |
| 19-9, 19A-55, 20-8 , and 20-9 of this Code and are entitled | 12 |
| to be
deposited in the ballot box;
those entitled to be | 13 |
| deposited in the ballot box shall be
initialed by the | 14 |
| precinct judges and deposited in the ballot box.
Those not | 15 |
| entitled to be deposited in the ballot box, in
accordance | 16 |
| with Sections 19-9, 19A-55, 20-8 , and 20-9 of this Code
| 17 |
| shall be marked "Rejected" and preserved in the
manner | 18 |
| provided in this Code for the retention and
preservation of | 19 |
| official ballots rejected at such election.
Immediately | 20 |
| upon the completion of the absentee and early balloting, | 21 |
| the
precinct judges of election shall securely lock the | 22 |
| ballot box;
provided that if such box is not of a type | 23 |
| which may be securely
locked, the box shall be sealed with | 24 |
| filament tape provided for
the purpose which shall be | 25 |
| wrapped around the box lengthwise and
crosswise, at least | 26 |
| twice each way. A separate adhesive seal
label signed by | 27 |
| each of the judges of election of the precinct
shall be | 28 |
| affixed to the box to cover any slot therein and
to | 29 |
| identify the box of the precinct; and if the box is sealed
| 30 |
| with filament tape as provided rather than locked, such
| 31 |
| tape shall be wrapped around the box as provided, but in
a | 32 |
| manner that the separate adhesive seal label affixed to the
| 33 |
| box and signed by the judges may not be removed without | 34 |
| breaking
the filament tape and disturbing the signature of | 35 |
| the judges.
Two of the judges of election, of different | 36 |
| major
political parties, shall by the most direct route
|
|
|
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| 1 |
| transport the box for return of the ballots and enclosed | 2 |
| absentee and early
ballots and returns to the central | 3 |
| counting location designated
by the election official in | 4 |
| charge of the election. If however,
because of the lack of | 5 |
| adequate parking facilities at the central
counting | 6 |
| location or for some other reason, it is impossible or
| 7 |
| impracticable for the boxes from all the polling places to | 8 |
| be
delivered directly to the central counting location, the | 9 |
| election
official in charge of the election may designate | 10 |
| some other
location to which the boxes shall be delivered | 11 |
| by the 2 precinct
judges. While at the other location the | 12 |
| boxes shall be in the
care and custody of one or more | 13 |
| teams, each consisting of 4
persons, 2 from each of the 2 | 14 |
| major political parties,
designated for the purpose by the | 15 |
| election official in charge of
elections from | 16 |
| recommendations by the appropriate political party
| 17 |
| organizations. As soon as possible, the boxes shall be
| 18 |
| transported from the other location to the central counting
| 19 |
| location by one or more teams, each consisting of 4 | 20 |
| persons, 2
from each of the 2 major political parties, | 21 |
| designated for the
purpose by the election official in | 22 |
| charge of the election from
recommendations by the | 23 |
| appropriate political party organizations.
| 24 |
| At the central counting location there shall be one or | 25 |
| more
teams of tally judges who possess the same | 26 |
| qualifications as
tally judges in election jurisdictions | 27 |
| using paper ballots. The
number of the teams shall be | 28 |
| determined by the election
authority. Each team shall | 29 |
| consist of 5 tally judges, 3 selected
and approved by the | 30 |
| county board from a certified list furnished
by the | 31 |
| chairman of the county central committee of the party with
| 32 |
| the majority of members on the county board and 2 selected | 33 |
| and
approved by the county board from a certified list | 34 |
| furnished by
the chairman of the county central committee | 35 |
| of the party with
the second largest number of members on | 36 |
| the county board. At the
central counting location a team |
|
|
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|
| 1 |
| of tally judges shall open the
ballot box and canvass the | 2 |
| votes polled to determine that the
number of ballot sheets | 3 |
| therein agree with the number of voters
voting as shown by | 4 |
| the applications for ballot and for absentee and early
| 5 |
| ballot; and, if the same do not agree, the tally judges | 6 |
| shall
make such ballots agree with the number of | 7 |
| applications for
ballot in the manner provided by Section | 8 |
| 17-18 of this
Code. The tally judges shall then examine all | 9 |
| ballot sheets
that are in the ballot box to determine | 10 |
| whether they bear the
initials of the precinct judge of | 11 |
| election. If any ballot is not
initialed, it shall be | 12 |
| marked on the back "Defective", initialed
as to that label | 13 |
| by all tally judges immediately under the word
"Defective", | 14 |
| and not counted, but placed in the envelope provided
for | 15 |
| that purpose labeled "Defective Ballots Envelope". | 16 |
| Write-in
votes, not causing an overvote for an office | 17 |
| otherwise voted for
on the absentee or early ballot sheet, | 18 |
| and otherwise properly voted, shall
be counted, tallied, | 19 |
| and recorded by the central counting location
judges on the | 20 |
| tally sheet provided for the record. A write-in
vote | 21 |
| causing an overvote for an office shall not be counted for
| 22 |
| that office, but the tally judges shall mark the absentee | 23 |
| or early ballot
sheet "Objected To" and write the
manner in | 24 |
| which the ballot is counted on its back and initial the | 25 |
| sheet. An
overvote for one office shall invalidate only the | 26 |
| vote or count
for that particular office.
| 27 |
| At the central counting location, a team of tally | 28 |
| judges
designated by the election official in charge of the | 29 |
| election
shall deliver the ballot sheets to the technicians | 30 |
| operating the
automatic Precinct Tabulation Optical Scan | 31 |
| Technology tabulating
equipment. Any discrepancies between | 32 |
| the number of ballots and
total number of voters shall be | 33 |
| noted on a sheet furnished for
that purpose and signed by | 34 |
| the tally judges.
| 35 |
| (b) Regardless of which procedure described in subsection
| 36 |
| (a) of this Section is used, the judges of election designated |
|
|
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| 1 |
| to
transport the ballots properly signed and sealed,
shall | 2 |
| ensure that the ballots are delivered to the
central counting | 3 |
| station no later than 12 hours after the polls
close. At the | 4 |
| central counting station, a team of tally judges
designated by | 5 |
| the election official in charge of the election
shall examine | 6 |
| the ballots so transported and shall not accept
ballots for | 7 |
| tabulating which are not signed and sealed as
provided in | 8 |
| subsection (a) of this Section until the judges
transporting | 9 |
| the ballots make and sign the necessary corrections.
Upon | 10 |
| acceptance of the ballots by a team of tally judges at the
| 11 |
| central counting station, the election judges transporting the
| 12 |
| ballots shall take a receipt signed by the election official in
| 13 |
| charge of the election and stamped with the date and time of
| 14 |
| acceptance. The election judges whose duty it is to transport
| 15 |
| any ballots shall, in the event the ballots cannot be found | 16 |
| when
needed, on proper request, produce the receipt which they | 17 |
| are to
take as above provided.
| 18 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 19 |
| (10 ILCS 5/24B-15.1)
| 20 |
| Sec. 24B-15.1. Discovery, Recounts and Election Contests.
| 21 |
| Except as provided, discovery recounts and election
contests | 22 |
| shall be conducted as otherwise provided for in
this Code. The | 23 |
| automatic Precinct Tabulation
Optical Scan Technology | 24 |
| tabulating equipment shall be tested
prior to the discovery | 25 |
| recount or election contest as provided in
Section 24B-9, and | 26 |
| then the official ballots shall be recounted
on the automatic | 27 |
| tabulating equipment. In addition, (a) the
ballots shall be | 28 |
| checked for the presence or absence of judges'
initials and | 29 |
| other distinguishing marks, and (b) the ballots
marked | 30 |
| "Rejected", "Defective", "Objected To" , "Early Ballot", and
| 31 |
| "Absentee
Ballot" shall be examined to determine the propriety | 32 |
| of the
labels, and (c) the "Duplicate Absentee Ballots", | 33 |
| "Duplicate Early
Ballots", "Duplicate
Overvoted Ballots" and | 34 |
| "Duplicate Damaged Ballots" shall be
compared with their | 35 |
| respective originals to determine the
correctness of the |
|
|
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| 1 |
| duplicates.
| 2 |
| Any person who has filed a petition for discovery recount
| 3 |
| may request that a redundant count be conducted in those
| 4 |
| precincts in which the discovery recount is being conducted. | 5 |
| The
additional costs of a redundant count shall be borne by the
| 6 |
| requesting party.
| 7 |
| The log of the computer operator and all materials retained
| 8 |
| by the election authority in relation to vote tabulation and
| 9 |
| canvass shall be made available for any discovery recount or
| 10 |
| election contest.
| 11 |
| (Source: P.A. 89-394, eff. 1-1-97.)
| 12 |
| Section 90. The State Mandates Act is amended by adding | 13 |
| Section 8.29 as
follows:
| 14 |
| (30 ILCS 805/8.29 new)
| 15 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 16 |
| of this
Act, no reimbursement by the State is required for the | 17 |
| implementation of
any mandate created by this amendatory Act of | 18 |
| the 94th General Assembly.
|
|