Full Text of SB1683 94th General Assembly
SB1683sam001 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 4/7/2005
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09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
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| AMENDMENT TO SENATE BILL 1683
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| AMENDMENT NO. ______. Amend Senate Bill 1683 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Election Code is amended by changing | 5 |
| Sections 18A-5, 18A-15, 23-15.1, 24C-2, and 24C-12 and by | 6 |
| adding Section 24C-2.5 as follows:
| 7 |
| (10 ILCS 5/18A-5)
| 8 |
| (Text of Section before amendment by P.A. 93-1071 )
| 9 |
| Sec. 18A-5. Provisional voting; general provisions.
| 10 |
| (a) A person who claims to be a registered voter is | 11 |
| entitled to cast a
provisional ballot under the following | 12 |
| circumstances:
| 13 |
| (1) The person's name does not appear on the official | 14 |
| list of eligible
voters, whether a list of active or | 15 |
| inactive voters, for the precinct in which
the person seeks | 16 |
| to vote;
| 17 |
| (2) The person's voting status has been challenged by | 18 |
| an election judge, a
pollwatcher, or any legal voter and | 19 |
| that challenge has been sustained by a
majority of the | 20 |
| election judges; or
| 21 |
| (3) A federal or State court order extends the time for | 22 |
| closing the polls
beyond the time period established by | 23 |
| State law and the person votes during the
extended time | 24 |
| period ; or .
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| (4) The voter registered to vote by mail and is | 2 |
| required by law to
present identification when voting | 3 |
| either in person or by absentee ballot, but
fails to do so. | 4 |
| (b) The procedure for obtaining and casting a provisional | 5 |
| ballot at the
polling place
shall be as follows:
| 6 |
| (1) After first verifying through an examination of the | 7 |
| precinct register that the person's address is within the | 8 |
| precinct boundaries, an
An election judge at the polling | 9 |
| place shall notify a person who is
entitled to cast a | 10 |
| provisional ballot pursuant to subsection (a)
that he or | 11 |
| she may cast a provisional ballot in that election.
An | 12 |
| election judge
must accept any information provided by a | 13 |
| person who casts a provisional ballot
that the person | 14 |
| believes supports his or her claim that he or she is a duly
| 15 |
| registered voter and qualified to vote in the election. | 16 |
| However, if the person's residence address is outside the | 17 |
| precinct boundaries, the election judge shall inform the | 18 |
| person of that fact, give the person the appropriate | 19 |
| telephone number of the election authority in order to | 20 |
| locate the polling place assigned to serve that address, | 21 |
| and instruct the person to go to the proper polling place | 22 |
| to vote.
| 23 |
| (2) The person shall execute a written form provided by | 24 |
| the
election judge that shall state or contain all of the | 25 |
| following that is available :
| 26 |
| (i) an affidavit stating the following:
| 27 |
| State of Illinois, County of ................, | 28 |
| Township
.............,
Precinct ........, Ward | 29 |
| ........, I, ......................., do solemnly
| 30 |
| swear (or affirm) that: I am a citizen of the United | 31 |
| States; I am 18 years of
age or older; I have resided | 32 |
| in this State and in this precinct for 30 days
| 33 |
| preceding this election; I have not voted in this | 34 |
| election; I am a duly
registered voter in every |
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|
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| respect; and I am eligible to vote in this election.
| 2 |
| Signature ...... Printed Name of Voter ....... Printed | 3 |
| Residence
Address of Voter ...... City
...... State | 4 |
| .... Zip Code ..... Telephone Number ...... Date of | 5 |
| Birth .......
and Driver's License Number ....... or | 6 |
| Last 4 digits of Social
Security
Number ...... or State | 7 |
| Identification Card
Number issued to you by the | 8 |
| Illinois Secretary of State....... .
| 9 |
| (ii) Written instruction stating the following:
| 10 |
| In order to expedite the verification of your voter | 11 |
| registration
status, the .... (insert name of county | 12 |
| clerk of board of election
commissioners here) | 13 |
| requests that you include your phone number and
both | 14 |
| the last four digits of your social security number and | 15 |
| your driver's
license number or State Identification | 16 |
| Card Number
issued to you by the Secretary of State.
At | 17 |
| minimum, you are required to include either (A) your | 18 |
| driver's license
number or State Identification Card | 19 |
| Number
issued to you by the Secretary of State
or (B) | 20 |
| the last
4 digits of your social security number.
| 21 |
| (ii)
(iii) A box for the election judge to check one of | 22 |
| the 4
3 reasons why the
person was given a provisional | 23 |
| ballot under subsection (a) of Section 18A-5.
| 24 |
| (iii)
(iv) An area for the election judge to affix his | 25 |
| or her signature and to
set forth any facts that support or | 26 |
| oppose the allegation that the person is
not qualified to | 27 |
| vote in the precinct in which the person is seeking to | 28 |
| vote.
| 29 |
| The written affidavit form described in this subsection | 30 |
| (b)(2) must be
printed on a multi-part form prescribed by the | 31 |
| county clerk or board of
election commissioners, as the case | 32 |
| may be.
| 33 |
| (3) After the person executes the portion of the written | 34 |
| affidavit described
in subsection (b)(2)(i) of this Section, |
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| the election judge shall complete the
portion of the written | 2 |
| affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 3 |
| (4) The election judge shall give a copy of the completed | 4 |
| written affidavit
to the person. The election judge shall place | 5 |
| the original written affidavit in
a self-adhesive clear plastic | 6 |
| packing list envelope that must be attached to a
separate | 7 |
| envelope marked as a "provisional ballot envelope". The | 8 |
| election judge
shall also place any information provided by the | 9 |
| person who casts a provisional
ballot in the clear plastic | 10 |
| packing list envelope. Each county clerk or board
of election | 11 |
| commissioners, as the case may be,
must design, obtain or | 12 |
| procure self-adhesive clear plastic packing list
envelopes and | 13 |
| provisional ballot envelopes that are suitable for | 14 |
| implementing
this subsection (b)(4) of this Section.
| 15 |
| (5) The election judge shall provide the person with a | 16 |
| provisional ballot,
written instructions for casting a | 17 |
| provisional ballot, and the provisional
ballot envelope with | 18 |
| the clear plastic packing list envelope affixed to it,
which | 19 |
| contains the person's original written affidavit and, if any, | 20 |
| information
provided by the provisional voter to support his or | 21 |
| her claim that he or she is
a duly registered voter. An | 22 |
| election judge must also give the person written
information | 23 |
| that states that any person who casts a provisional ballot | 24 |
| shall be
able to ascertain, pursuant to guidelines established | 25 |
| by the State Board of
Elections, whether the provisional vote | 26 |
| was counted in the official canvass of
votes for that election | 27 |
| and, if the provisional vote was not counted, the
reason that | 28 |
| the vote was not counted.
| 29 |
| (6) After the person has completed marking his or her | 30 |
| provisional ballot, he
or she shall place the marked ballot | 31 |
| inside of the provisional ballot envelope,
close and seal the | 32 |
| envelope, and return the envelope to an election judge, who
| 33 |
| shall then deposit the sealed provisional ballot envelope into | 34 |
| a securable
container separately identified and utilized for |
|
|
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| containing sealed provisional
ballot envelopes. Ballots that | 2 |
| are provisional because they are cast after 7:00 p.m. by court
| 3 |
| order shall be kept separate from other provisional ballots. | 4 |
| Upon the closing of the polls, the securable container shall
be
| 5 |
| sealed with filament tape provided for that purpose, which | 6 |
| shall be wrapped
around the box lengthwise and crosswise, at | 7 |
| least twice each way, and each of
the election judges shall | 8 |
| sign the seal.
| 9 |
| (c) Instead of the affidavit form described in subsection | 10 |
| (b), the county
clerk or board of election commissioners, as | 11 |
| the case may be, may design and
use a multi-part affidavit form | 12 |
| that is imprinted upon or attached to the
provisional ballot | 13 |
| envelope described in subsection (b). If a county clerk or
| 14 |
| board of election commissioners elects to design and use its | 15 |
| own multi-part
affidavit form, then the county clerk or board | 16 |
| of election commissioners shall
establish a mechanism for | 17 |
| accepting any information the provisional voter has
supplied to | 18 |
| the election judge to support his or her claim that he or she | 19 |
| is a
duly registered voter. In all other respects, a county | 20 |
| clerk or board of
election commissioners shall establish | 21 |
| procedures consistent with subsection
(b).
| 22 |
| (d) The county clerk or board of election commissioners, as | 23 |
| the case may be,
shall use the completed affidavit form | 24 |
| described in subsection (b) to update
the person's voter | 25 |
| registration information in the State voter registration
| 26 |
| database and voter registration database of the county clerk or | 27 |
| board of
election commissioners, as the case may be. If a | 28 |
| person is later determined not
to be a registered voter based | 29 |
| on Section 18A-15 of this Code, then the
affidavit shall be | 30 |
| processed by the county clerk or board of election
| 31 |
| commissioners, as the case may be, as a voter registration | 32 |
| application.
| 33 |
| (Source: P.A. 93-574, eff. 8-21-03.)
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09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| (Text of Section after amendment by P.A. 93-1071 )
| 2 |
| Sec. 18A-5. Provisional voting; general provisions.
| 3 |
| (a) A person who claims to be a registered voter is | 4 |
| entitled to cast a
provisional ballot under the following | 5 |
| circumstances:
| 6 |
| (1) The person's name does not appear on the official | 7 |
| list of eligible
voters for the precinct in which
the | 8 |
| person seeks to vote. The official list is the centralized | 9 |
| statewide voter registration list established and | 10 |
| maintained in accordance with Section 1A-25;
| 11 |
| (2) The person's voting status has been challenged by | 12 |
| an election judge, a
pollwatcher, or any legal voter and | 13 |
| that challenge has been sustained by a
majority of the | 14 |
| election judges; or
| 15 |
| (3) A federal or State court order extends the time for | 16 |
| closing the polls
beyond the time period established by | 17 |
| State law and the person votes during the
extended time | 18 |
| period ; or .
| 19 |
| (4) The voter registered to vote by mail and is | 20 |
| required by law to
present identification when voting | 21 |
| either in person or by absentee ballot, but
fails to do so. | 22 |
| (b) The procedure for obtaining and casting a provisional | 23 |
| ballot at the
polling place
shall be as follows:
| 24 |
| (1) After first verifying through an examination of the | 25 |
| precinct register that the person's address is within the | 26 |
| precinct boundaries, an
An election judge at the polling | 27 |
| place shall notify a person who is
entitled to cast a | 28 |
| provisional ballot pursuant to subsection (a)
that he or | 29 |
| she may cast a provisional ballot in that election.
An | 30 |
| election judge
must accept any information provided by a | 31 |
| person who casts a provisional ballot
that the person | 32 |
| believes supports his or her claim that he or she is a duly
| 33 |
| registered voter and qualified to vote in the election. | 34 |
| However, if the person's residence address is outside the |
|
|
|
09400SB1683sam001 |
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| 1 |
| precinct boundaries, the election judge shall inform the | 2 |
| person of that fact, give the person the appropriate | 3 |
| telephone number of the election authority in order to | 4 |
| locate the polling place assigned to serve that address, | 5 |
| and instruct the person to go to the proper polling place | 6 |
| to vote.
| 7 |
| (2) The person shall execute a written form provided by | 8 |
| the
election judge that shall state or contain all of the | 9 |
| following that is available :
| 10 |
| (i) an affidavit stating the following:
| 11 |
| State of Illinois, County of ................, | 12 |
| Township
.............,
Precinct ........, Ward | 13 |
| ........, I, ......................., do solemnly
| 14 |
| swear (or affirm) that: I am a citizen of the United | 15 |
| States; I am 18 years of
age or older; I have resided | 16 |
| in this State and in this precinct for 30 days
| 17 |
| preceding this election; I have not voted in this | 18 |
| election; I am a duly
registered voter in every | 19 |
| respect; and I am eligible to vote in this election.
| 20 |
| Signature ...... Printed Name of Voter ....... Printed | 21 |
| Residence
Address of Voter ...... City
...... State | 22 |
| .... Zip Code ..... Telephone Number ...... Date of | 23 |
| Birth .......
and Driver's License Number ....... or | 24 |
| Last 4 digits of Social
Security
Number ...... or State | 25 |
| Identification Card
Number issued to you by the | 26 |
| Illinois Secretary of State....... .
| 27 |
| (ii) Written instruction stating the following:
| 28 |
| In order to expedite the verification of your voter | 29 |
| registration
status, the .... (insert name of county | 30 |
| clerk of board of election
commissioners here) | 31 |
| requests that you include your phone number and
both | 32 |
| the last four digits of your social security number and | 33 |
| your driver's
license number or State Identification | 34 |
| Card Number
issued to you by the Secretary of State.
At |
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| minimum, you are required to include either (A) your | 2 |
| driver's license
number or State Identification Card | 3 |
| Number
issued to you by the Secretary of State
or (B) | 4 |
| the last
4 digits of your social security number.
| 5 |
| (ii)
(iii) A box for the election judge to check one of | 6 |
| the 4
3 reasons why the
person was given a provisional | 7 |
| ballot under subsection (a) of Section 18A-5.
| 8 |
| (iii)
(iv) An area for the election judge to affix his | 9 |
| or her signature and to
set forth any facts that support or | 10 |
| oppose the allegation that the person is
not qualified to | 11 |
| vote in the precinct in which the person is seeking to | 12 |
| vote.
| 13 |
| The written affidavit form described in this subsection | 14 |
| (b)(2) must be
printed on a multi-part form prescribed by the | 15 |
| county clerk or board of
election commissioners, as the case | 16 |
| may be.
| 17 |
| (3) After the person executes the portion of the written | 18 |
| affidavit described
in subsection (b)(2)(i) of this Section, | 19 |
| the election judge shall complete the
portion of the written | 20 |
| affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
| 21 |
| (4) The election judge shall give a copy of the completed | 22 |
| written affidavit
to the person. The election judge shall place | 23 |
| the original written affidavit in
a self-adhesive clear plastic | 24 |
| packing list envelope that must be attached to a
separate | 25 |
| envelope marked as a "provisional ballot envelope". The | 26 |
| election judge
shall also place any information provided by the | 27 |
| person who casts a provisional
ballot in the clear plastic | 28 |
| packing list envelope. Each county clerk or board
of election | 29 |
| commissioners, as the case may be,
must design, obtain or | 30 |
| procure self-adhesive clear plastic packing list
envelopes and | 31 |
| provisional ballot envelopes that are suitable for | 32 |
| implementing
this subsection (b)(4) of this Section.
| 33 |
| (5) The election judge shall provide the person with a | 34 |
| provisional ballot,
written instructions for casting a |
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
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| provisional ballot, and the provisional
ballot envelope with | 2 |
| the clear plastic packing list envelope affixed to it,
which | 3 |
| contains the person's original written affidavit and, if any, | 4 |
| information
provided by the provisional voter to support his or | 5 |
| her claim that he or she is
a duly registered voter. An | 6 |
| election judge must also give the person written
information | 7 |
| that states that any person who casts a provisional ballot | 8 |
| shall be
able to ascertain, pursuant to guidelines established | 9 |
| by the State Board of
Elections, whether the provisional vote | 10 |
| was counted in the official canvass of
votes for that election | 11 |
| and, if the provisional vote was not counted, the
reason that | 12 |
| the vote was not counted.
| 13 |
| (6) After the person has completed marking his or her | 14 |
| provisional ballot, he
or she shall place the marked ballot | 15 |
| inside of the provisional ballot envelope,
close and seal the | 16 |
| envelope, and return the envelope to an election judge, who
| 17 |
| shall then deposit the sealed provisional ballot envelope into | 18 |
| a securable
container separately identified and utilized for | 19 |
| containing sealed provisional
ballot envelopes. Ballots that | 20 |
| are provisional because they are cast after 7:00 p.m. by court
| 21 |
| order shall be kept separate from other provisional ballots. | 22 |
| Upon the closing of the polls, the securable container shall
be
| 23 |
| sealed with filament tape provided for that purpose, which | 24 |
| shall be wrapped
around the box lengthwise and crosswise, at | 25 |
| least twice each way, and each of
the election judges shall | 26 |
| sign the seal.
| 27 |
| (c) Instead of the affidavit form described in subsection | 28 |
| (b), the county
clerk or board of election commissioners, as | 29 |
| the case may be, may design and
use a multi-part affidavit form | 30 |
| that is imprinted upon or attached to the
provisional ballot | 31 |
| envelope described in subsection (b). If a county clerk or
| 32 |
| board of election commissioners elects to design and use its | 33 |
| own multi-part
affidavit form, then the county clerk or board | 34 |
| of election commissioners shall
establish a mechanism for |
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| accepting any information the provisional voter has
supplied to | 2 |
| the election judge to support his or her claim that he or she | 3 |
| is a
duly registered voter. In all other respects, a county | 4 |
| clerk or board of
election commissioners shall establish | 5 |
| procedures consistent with subsection
(b).
| 6 |
| (d) The county clerk or board of election commissioners, as | 7 |
| the case may be,
shall use the completed affidavit form | 8 |
| described in subsection (b) to update
the person's voter | 9 |
| registration information in the State voter registration
| 10 |
| database and voter registration database of the county clerk or | 11 |
| board of
election commissioners, as the case may be. If a | 12 |
| person is later determined not
to be a registered voter based | 13 |
| on Section 18A-15 of this Code, then the
affidavit shall be | 14 |
| processed by the county clerk or board of election
| 15 |
| commissioners, as the case may be, as a voter registration | 16 |
| application.
| 17 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 6-1-05.)
| 18 |
| (10 ILCS 5/18A-15)
| 19 |
| Sec. 18A-15. Validating and counting provisional ballots.
| 20 |
| (a) The county clerk or board of election commissioners | 21 |
| shall complete the
validation and counting of provisional | 22 |
| ballots within 14 calendar days of
the day of the election. The | 23 |
| county clerk or board of election commissioners
shall have 7 | 24 |
| calendar days from the completion of the validation and
| 25 |
| counting of provisional ballots to conduct its final canvass. | 26 |
| The State Board
of Elections shall complete within 31 calendar | 27 |
| days of the election or sooner
if all the returns are received, | 28 |
| its final canvass of the vote for all public
offices.
| 29 |
| (b) If a county clerk or board of election commissioners | 30 |
| determines that all
of the following apply, then a provisional | 31 |
| ballot is valid and shall be counted
as a vote:
| 32 |
| (1) The provisional voter cast the provisional ballot | 33 |
| in the correct
precinct based on the address provided by |
|
|
|
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| the provisional voter . The provisional voter's affidavit | 2 |
| shall serve as a change of address request by that voter | 3 |
| for registration purposes if it bears an address different | 4 |
| from that in the records of the election authority ;
| 5 |
| (2) The affidavit executed by the provisional voter | 6 |
| pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 7 |
| a minimum, the provisional voter's first and last name, | 8 |
| house number and street name, and signature or mark
18A-10 | 9 |
| is properly executed ; and
| 10 |
| (3) the provisional voter is a registered voter based | 11 |
| on information
available to the county clerk or board of | 12 |
| election commissioners provided by or
obtained from any of | 13 |
| the following:
| 14 |
| i. the provisional voter;
| 15 |
| ii. an election judge;
| 16 |
| iii. the statewide voter registration database | 17 |
| maintained by the State
Board of Elections;
| 18 |
| iv. the records of the county clerk or board of | 19 |
| election commissioners'
database; or
| 20 |
| v. the records of the Secretary of State.
| 21 |
| (c) With respect to subsection (b)(3) of this Section, the | 22 |
| county clerk or
board of election commissioners shall | 23 |
| investigate whether each of the 5
types of information is | 24 |
| available and record whether this information is or is
not | 25 |
| available. If one or more types of information is available, | 26 |
| then the
county clerk or board of election commissioners shall | 27 |
| obtain all relevant
information from all sources identified in | 28 |
| subsection (b)(3) or until satisfied that the provisional voter | 29 |
| is registered and entitled to vote . The county clerk
or board | 30 |
| of election commissioners shall use any information it obtains | 31 |
| as the
basis for determining the voter registration status of | 32 |
| the provisional voter.
If a conflict exists among the | 33 |
| information available to the county clerk or
board of election | 34 |
| commissioners as to the registration status of the
provisional |
|
|
|
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| 1 |
| voter, then the county clerk or board of election commissioners
| 2 |
| shall make a
determination based on the totality of the | 3 |
| circumstances. In a case where the
above information equally | 4 |
| supports or opposes the registration status of the
voter, the | 5 |
| county clerk or board of election commissioners shall decide in
| 6 |
| favor of the provisional voter as being duly registered to | 7 |
| vote. If the
statewide voter registration database maintained | 8 |
| by the State Board of
Elections indicates that the provisional | 9 |
| voter is registered to vote, but the
county clerk's or board of | 10 |
| election commissioners' voter registration database
indicates | 11 |
| that the provisional voter is not registered to vote, then the
| 12 |
| information found in the statewide voter registration database | 13 |
| shall control
the matter and the provisional voter shall be | 14 |
| deemed to be registered to vote.
If the records of the county | 15 |
| clerk or board of election commissioners indicates
that the | 16 |
| provisional
voter is registered to vote, but the statewide | 17 |
| voter registration database
maintained by the State Board of | 18 |
| Elections indicates that the provisional voter
is not | 19 |
| registered to vote, then the information found in the records | 20 |
| of the
county clerk or board of election commissioners shall | 21 |
| control the matter and
the provisional voter shall be deemed to | 22 |
| be registered to vote. If the
provisional voter's signature on | 23 |
| his or her provisional ballot request varies
from the signature | 24 |
| on
an otherwise valid registration application solely because | 25 |
| of the substitution
of initials for the first or middle name, | 26 |
| the election authority may not reject
the provisional ballot.
| 27 |
| (d) In validating the registration status of a person | 28 |
| casting a provisional
ballot, the county clerk or board of | 29 |
| election commissioners shall not require a
provisional voter to | 30 |
| complete any form other than the affidavit executed by the
| 31 |
| provisional voter under subsection (b)(2) of Section 18A-5. In | 32 |
| addition,
the
county clerk or board of election commissioners | 33 |
| shall not require all
provisional voters or
any particular | 34 |
| class or group of provisional voters to appear personally |
|
|
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| 1 |
| before
the county clerk or board of election commissioners or | 2 |
| as a matter of policy
require provisional voters to submit | 3 |
| additional information to verify or
otherwise support the | 4 |
| information already submitted by the provisional voter.
The | 5 |
| provisional voter may, within 2 calendar days after the | 6 |
| election, submit
additional information to the county clerk or | 7 |
| board of election commissioners.
This information must be | 8 |
| received by the county clerk or board of election
commissioners | 9 |
| within the 2-calendar-day period.
| 10 |
| (e) If the county clerk or board of election commissioners | 11 |
| determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 12 |
| apply, then the provisional
ballot is not valid
and may not be | 13 |
| counted. The provisional ballot envelope containing the ballot
| 14 |
| cast by the provisional voter may not be opened. The county | 15 |
| clerk or board of
election commissioners shall write on the | 16 |
| provisional ballot envelope the
following: "Provisional ballot | 17 |
| determined invalid.".
| 18 |
| (f) If the county clerk or board of election commissioners | 19 |
| determines that a
provisional ballot is valid under this | 20 |
| Section, then the provisional ballot
envelope shall be opened. | 21 |
| The outside of each provisional ballot
envelope shall
also be
| 22 |
| marked to identify the precinct and the date of the election.
| 23 |
| (g) The provisional ballots determined to be valid shall be | 24 |
| added to the
vote
totals for the precincts from which they were | 25 |
| cast in the order in which the
ballots were opened.
The county | 26 |
| clerk or board of election commissioners may, in the | 27 |
| alternative,
create a separate provisional-voter precinct for | 28 |
| the purpose of counting and
recording provisional ballots and | 29 |
| adding the recorded votes to its official
canvass.
The | 30 |
| validation and counting of provisional ballots shall be subject | 31 |
| to the
provisions of this Code that apply to pollwatchers.
If | 32 |
| the provisional ballots are a ballot of a punch card
voting | 33 |
| system, then the provisional ballot shall be counted in a | 34 |
| manner
consistent with Article 24A. If the provisional ballots
|
|
|
|
09400SB1683sam001 |
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| 1 |
| are a ballot of optical scan or other type of approved | 2 |
| electronic voting
system, then the provisional ballots shall be | 3 |
| counted in a manner consistent
with Article 24B.
| 4 |
| (h) As soon as the ballots have been counted, the election | 5 |
| judges or
election officials shall, in
the presence of the | 6 |
| county clerk or board of election commissioners, place each
of | 7 |
| the following items in a separate envelope or bag: (1) all | 8 |
| provisional
ballots, voted or spoiled; (2)
all provisional | 9 |
| ballot envelopes of provisional ballots voted or spoiled; and
| 10 |
| (3) all executed affidavits
of the provisional ballots voted or | 11 |
| spoiled.
All provisional ballot envelopes for provisional | 12 |
| voters who have been
determined
not to be registered to vote | 13 |
| shall remain sealed. The county clerk or board of
election | 14 |
| commissioners shall treat the provisional ballot envelope | 15 |
| containing
the written affidavit as a voter registration | 16 |
| application for that person for
the next election and process | 17 |
| that application.
The election judges or election officials | 18 |
| shall then
securely
seal each envelope or bag, initial the | 19 |
| envelope or bag, and plainly mark on the
outside of the | 20 |
| envelope or bag in ink the precinct in which the provisional
| 21 |
| ballots were cast. The election judges or election officials | 22 |
| shall then place
each sealed envelope or
bag into a box, secure | 23 |
| and seal it in the same manner as described in
item (6) of | 24 |
| subsection (b) of Section 18A-5. Each election judge or | 25 |
| election
official shall take and subscribe an oath
before the | 26 |
| county clerk or
board of election commissioners that the | 27 |
| election judge or election official
securely kept the
ballots | 28 |
| and papers in the box, did not permit any person to open the | 29 |
| box or
otherwise touch or tamper with the ballots and papers in | 30 |
| the box, and has no
knowledge of any other person opening the | 31 |
| box.
For purposes of this Section, the term "election official" | 32 |
| means the county
clerk, a member of the board of election | 33 |
| commissioners, as the case may be, and
their respective | 34 |
| employees.
|
|
|
|
09400SB1683sam001 |
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|
| 1 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 2 |
| (10 ILCS 5/23-15.1)
| 3 |
| Sec. 23-15.1. Production of ballot counting code and | 4 |
| attendance of
witnesses . All voting-system vendors shall, | 5 |
| within 90 days after the adoption
of rules or upon application | 6 |
| for voting-system approval, place in escrow all
computer code | 7 |
| for its voting system , including the code for any Commercial | 8 |
| Off the Shelf (COTS) software used in the system including | 9 |
| operating system software, with the State Board of Elections. | 10 |
| All computer codes placed in escrow with the State Board of | 11 |
| Elections shall be public records available for inspection at | 12 |
| the principal office of the State Board of Elections and | 13 |
| electronically via the Internet. This requirement in no way | 14 |
| prohibits vendors from charging any fees for the initial | 15 |
| distribution or ongoing maintenance of their software. | 16 |
| Notwithstanding any other provision of law to the contrary, no | 17 |
| action required under this Code shall invalidate the copyright | 18 |
| protections otherwise enjoyed by the owners or authors of those | 19 |
| codes. The
State Board of Elections shall promulgate rules to | 20 |
| implement this Section. For
purposes of this Section, the term | 21 |
| "computer code" includes, but is not limited
to, ballot | 22 |
| counting source code, table structures, modules, program | 23 |
| narratives,
and other human readable computer instructions | 24 |
| (whether compiled or not) used to count ballots.
Any computer | 25 |
| code submitted by vendors to the State Board of Elections shall | 26 |
| be
considered strictly confidential and the intellectual | 27 |
| property of the vendors
and shall not be subject to public | 28 |
| disclosure under the Freedom of
Information Act.
| 29 |
| The State Board of Elections shall determine which software | 30 |
| components of a
voting system it deems necessary to enable the | 31 |
| review and verification of the
computer. The State Board of | 32 |
| Elections shall secure and
maintain all
proprietary computer | 33 |
| codes in strict confidence and shall make a
computer code |
|
|
|
09400SB1683sam001 |
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|
| 1 |
| available to authorized persons in
connection with an election | 2 |
| contest or pursuant to any State or federal court
order.
| 3 |
| In an election contest, each party to the contest may | 4 |
| designate one or more
persons who are authorized to receive the | 5 |
| computer code of the
relevant voting systems. The person or | 6 |
| persons authorized to receive the
relevant computer code shall | 7 |
| enter into a confidentiality
agreement with the State Board of | 8 |
| Elections and must exercise the highest
degree of reasonable | 9 |
| care to maintain the confidentiality of all proprietary
| 10 |
| information.
| 11 |
| The State Board of Elections shall promulgate rules to | 12 |
| provide for the
security, review, and verification of computer | 13 |
| codes.
Verification
includes, but is not limited to, | 14 |
| determining that the computer
code corresponds to computer | 15 |
| instructions actually in use to count ballots.
The State Board | 16 |
| of Elections shall hire, contract with, or otherwise provide | 17 |
| sufficiently qualified resources, both human and capital, to | 18 |
| conduct the reviews with the greatest possible expectation of | 19 |
| thoroughness, completeness, and effectiveness. The resources | 20 |
| shall be independent of and have no business, personal, | 21 |
| professional, or other affiliation with any of the system | 22 |
| vendors currently or prospectively supplying voting systems to | 23 |
| any county in the State of Illinois. Nothing in this Section | 24 |
| shall impair the obligation of any contract between a
| 25 |
| voting-systems vendor and an election authority that provides | 26 |
| access to
computer code that is equal to or greater than that | 27 |
| provided by
this Section.
| 28 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 29 |
| (10 ILCS 5/24C-2)
| 30 |
| Sec. 24C-2. Definitions. As used in this Article:
| 31 |
| "Audit trail" or "audit capacity" means a continuous trail
| 32 |
| of evidence linking individual transactions related to the
| 33 |
| casting of a vote, the vote count and the summary record of |
|
|
|
09400SB1683sam001 |
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|
| 1 |
| vote
totals, but which shall not allow for the identification | 2 |
| of the
voter. It shall permit verification of the accuracy of | 3 |
| the
count and detection and correction of problems and shall | 4 |
| provide
a record of each step taken in: defining and producing | 5 |
| ballots
and generating related software for specific | 6 |
| elections;
installing ballots and software; testing system | 7 |
| readiness;
casting and tabulating ballots; and producing | 8 |
| images of votes
cast and reports of vote totals. The record | 9 |
| shall incorporate
system status and error messages generated | 10 |
| during election
processing, including a log of machine | 11 |
| activities and routine
and unusual intervention by authorized | 12 |
| and unauthorized
individuals. Also part of an audit trail is | 13 |
| the documentation
of such items as ballots delivered and | 14 |
| collected, administrative
procedures for system security, | 15 |
| pre-election testing of voting
systems, and maintenance | 16 |
| performed on voting equipment. All test plans, test results, | 17 |
| documentation, and other records used to plan, execute, and | 18 |
| record the results of the testing and verification, including | 19 |
| all material prepared or used by Independent Testing | 20 |
| Authorities or other third parties, shall be made part of the | 21 |
| public record and shall be freely available via the Internet | 22 |
| and paper copy to anyone. "Audit trail" or "audit capacity"
It | 23 |
| also
means that the voting system is capable of producing and | 24 |
| shall
produce immediately after a ballot is cast a permanent | 25 |
| paper
record of each ballot cast that shall be available as an
| 26 |
| official record for any recount, redundant count, or
| 27 |
| verification or retabulation of the vote count conducted with
| 28 |
| respect to any election in which the voting system is used.
| 29 |
| "Ballot" means an electronic audio or video display or any
| 30 |
| other medium, including paper, used to record a voter's choices
| 31 |
| for the candidates of their preference and for or against | 32 |
| public
questions.
| 33 |
| "Ballot configuration" means the particular combination of
| 34 |
| political subdivision or district ballots including, for each
|
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| political subdivision or district, the particular combination | 2 |
| of
offices, candidate names and public questions as it appears | 3 |
| for
each group of voters who may cast the same ballot.
| 4 |
| "Ballot image" means a corresponding representation in
| 5 |
| electronic or paper form of the mark or vote position of a
| 6 |
| ballot.
| 7 |
| "Ballot label" or "ballot screen" means the display of
| 8 |
| material containing the names of offices and candidates and
| 9 |
| public questions to be voted on.
| 10 |
| "Central counting" means the counting of ballots in one or
| 11 |
| more locations selected by the election authority for the
| 12 |
| processing or counting, or both, of ballots. A location for
| 13 |
| central counting shall be within the territorial jurisdiction | 14 |
| of
the election authority unless there is no suitable | 15 |
| tabulating
equipment available within his territorial | 16 |
| jurisdiction.
However, in any event a counting location shall | 17 |
| be within this
State.
| 18 |
| "Computer", "automatic tabulating equipment" or | 19 |
| "equipment"
includes apparatus necessary to automatically | 20 |
| examine and count
votes as designated on ballots, and data | 21 |
| processing machines
which can be used for counting ballots and | 22 |
| tabulating results.
| 23 |
| "Computer operator" means any person or persons designated
| 24 |
| by the election authority to operate the automatic tabulating
| 25 |
| equipment during any portion of the vote tallying process in an
| 26 |
| election, but shall not include judges of election operating
| 27 |
| vote tabulating equipment in the precinct.
| 28 |
| "Computer program" or "program" means the set of operating
| 29 |
| instructions for the automatic tabulating equipment that
| 30 |
| examines, records, displays, counts, tabulates, canvasses and | 31 |
| prints votes
recorded by a voter on a ballot and that displays | 32 |
| any and all information, graphics, or other visual or audio | 33 |
| information or images used in presenting voting information, | 34 |
| instructions, or voter choices .
|
|
|
|
09400SB1683sam001 |
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|
| 1 |
| "Direct recording electronic voting system", "voting
| 2 |
| system" or "system" means the total combination of mechanical,
| 3 |
| electromechanical or electronic equipment, programs and
| 4 |
| practices used to define ballots, cast and count votes, report
| 5 |
| or display election results, maintain or produce any audit | 6 |
| trail
information, identify all system components, test the | 7 |
| system
during development, maintenance and operation, maintain | 8 |
| records
of system errors and defects, determine specific system | 9 |
| changes
to be made to a system after initial qualification, and | 10 |
| make
available any materials to the voter such as notices,
| 11 |
| instructions, forms or paper ballots.
| 12 |
| "Edit listing" means a computer generated listing of the
| 13 |
| names of each candidate and public question as they appear in
| 14 |
| the program for each precinct.
| 15 |
| "In-precinct counting" means the recording and counting of
| 16 |
| ballots on automatic tabulating equipment provided by the
| 17 |
| election authority in the same precinct polling place in which
| 18 |
| those ballots have been cast.
| 19 |
| "Marking device" means any device approved by the State
| 20 |
| Board of Elections for marking a ballot so as to enable the
| 21 |
| ballot to be recorded, counted and tabulated by automatic
| 22 |
| tabulating equipment.
| 23 |
| "Permanent paper record" means a paper record upon which
| 24 |
| shall be printed in human readable form the votes cast for each
| 25 |
| candidate and for or against each public question on each | 26 |
| ballot
recorded in the voting system. Each permanent paper | 27 |
| record
shall be printed by the voting device upon activation of | 28 |
| the
marking device by the voter and shall contain a unique, | 29 |
| randomly
assigned identifying number that shall correspond to | 30 |
| the number
randomly assigned by the voting system to each | 31 |
| ballot as it is
electronically recorded.
| 32 |
| "Redundant count" means a verification of the original
| 33 |
| computer count of ballots by another count using compatible
| 34 |
| equipment or other means as part of a discovery recount,
|
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| including a count of the permanent paper record of each ballot
| 2 |
| cast by using compatible equipment, different equipment | 3 |
| approved
by the State Board of Elections for that purpose, or | 4 |
| by hand.
| 5 |
| "Separate ballot" means a separate page or display screen
| 6 |
| of the ballot that is clearly defined and distinguishable from
| 7 |
| other portions of the ballot.
| 8 |
| "Voting device" or "voting machine" means an apparatus that
| 9 |
| contains the ballot label or ballot screen and allows the voter
| 10 |
| to record his or her vote.
| 11 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 12 |
| (10 ILCS 5/24C-2.5 new)
| 13 |
| Sec. 24C-2.5. Official paper vote; random audit. | 14 |
| (a) All voting systems submitted for approval under this | 15 |
| Article must produce a voter verifiable paper ballot that is | 16 |
| then counted by a machine not connected either physically or | 17 |
| electronically to the machine that produces the paper ballot. | 18 |
| The ballot as counted by this separate machine shall constitute | 19 |
| the actual vote of the voter. | 20 |
| (b) An election authority using a voting system subject to | 21 |
| this Article must conduct a random audit of the system | 22 |
| consisting of the recount of votes cast in 5% of the precincts | 23 |
| using the system.
| 24 |
| (10 ILCS 5/24C-12)
| 25 |
| Sec. 24C-12. Procedures for Counting and Tallying of
| 26 |
| Ballots.
| 27 |
| In an election jurisdiction where a Direct Recording
| 28 |
| Electronic Voting System is used, the following procedures for
| 29 |
| counting and tallying the ballots shall apply:
| 30 |
| Before the opening of the polls, the judges of elections
| 31 |
| shall assemble the voting equipment and devices and turn the
| 32 |
| equipment on. The judges shall, if necessary, take steps to
|
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| activate the voting devices and counting equipment by inserting
| 2 |
| into the equipment and voting devices appropriate data cards
| 3 |
| containing passwords and data codes that will select the proper
| 4 |
| ballot formats selected for that polling place and that will
| 5 |
| prevent inadvertent or unauthorized activation of the | 6 |
| poll-opening function.
Before voting begins and before ballots | 7 |
| are
entered into the voting devices, the judges of election | 8 |
| shall
cause to be printed a record of the following: the | 9 |
| election's
identification data, the device's unit | 10 |
| identification, the
ballot's format identification, the | 11 |
| contents of each active
candidate register by office and of | 12 |
| each active public question
register showing that they contain | 13 |
| all zero votes, all ballot
fields that can be used to invoke | 14 |
| special voting options, and
other information needed to ensure | 15 |
| the readiness of the
equipment and to accommodate | 16 |
| administrative reporting
requirements. The judges must also | 17 |
| check to be sure that the
totals are all zeros in the counting | 18 |
| columns and in the public
counter affixed to the voting | 19 |
| devices.
| 20 |
| After the judges have determined that a person is qualified
| 21 |
| to vote, a voting device with the proper ballot to which the
| 22 |
| voter is entitled shall be enabled to be used by the voter. The
| 23 |
| ballot may then be cast by the voter by marking by appropriate
| 24 |
| means the designated area of the ballot for the casting of a
| 25 |
| vote for any candidate or for or against any public question.
| 26 |
| The voter shall be able to vote for any and all candidates and
| 27 |
| public measures appearing on the ballot in any legal number and
| 28 |
| combination and the voter shall be able to delete, change or
| 29 |
| correct his or her selections before the ballot is cast. The
| 30 |
| voter shall be able to select candidates whose names do not
| 31 |
| appear upon the ballot for any office by entering | 32 |
| electronically
as many names of candidates as the voter is | 33 |
| entitled to select
for each office.
| 34 |
| Upon completing his or her selection of candidates or
|
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| public questions, the voter shall signify that voting has been
| 2 |
| completed by activating the appropriate button, switch or | 3 |
| active
area of the ballot screen associated with end of voting. | 4 |
| Upon
activation, the voting system shall record an image of the
| 5 |
| completed ballot, increment the proper ballot position
| 6 |
| registers, and shall signify to the voter that the ballot has
| 7 |
| been cast. Upon activation, the voting system shall also print
| 8 |
| a permanent paper record of each ballot cast as defined in
| 9 |
| Section 24C-2 of this Code. This permanent paper record shall
| 10 |
| either be self-contained within the voting device or shall be
| 11 |
| printed in a clear, readily readable format that can be easily | 12 |
| reviewed by the voter for completeness and accuracy and then | 13 |
| deposited by the voter into a secure ballot box. No permanent
| 14 |
| paper record shall be removed from the polling place except by
| 15 |
| election officials as authorized by this Article. All permanent
| 16 |
| paper records shall be preserved and secured by election
| 17 |
| officials in the same manner as paper ballots and shall be
| 18 |
| available as an official record for any recount, redundant
| 19 |
| count, or verification or retabulation of the vote count
| 20 |
| conducted with respect to any election in which the voting
| 21 |
| system is used. The voter shall exit the voting station and
the | 22 |
| voting system shall prevent any further attempt to vote
until | 23 |
| it has been properly re-activated. If a voting device has
been | 24 |
| enabled for voting but the voter leaves the polling place
| 25 |
| without casting a ballot, 2 judges of election, one from each | 26 |
| of
the 2 major political parties, shall spoil the ballot.
| 27 |
| Throughout the election day and before the closing of the
| 28 |
| polls, no person may check any vote totals for any candidate or
| 29 |
| public question on the voting or counting equipment. Such
| 30 |
| equipment shall be programmed so that no person may reset the
| 31 |
| equipment for reentry of ballots unless provided the proper | 32 |
| code
from an authorized representative of the election | 33 |
| authority.
| 34 |
| The precinct judges of election shall check the public
|
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| register to determine whether the number of ballots counted by
| 2 |
| the voting equipment agrees with the number of voters voting as
| 3 |
| shown by the applications for ballot. If the same do not agree,
| 4 |
| the judges of election shall immediately contact the offices of
| 5 |
| the election authority in charge of the election for further
| 6 |
| instructions. If the number of ballots counted by the voting
| 7 |
| equipment agrees with the number of voters voting as shown by
| 8 |
| the application for ballot, the number shall be listed on the
| 9 |
| "Statement of Ballots" form provided by the election authority.
| 10 |
| The totals for all candidates and propositions shall be
| 11 |
| tabulated; and 4 copies of a "Certificate of Results" shall be
| 12 |
| printed by the automatic tabulating equipment; one copy shall | 13 |
| be
posted in a conspicuous place inside the polling place; and
| 14 |
| every effort shall be made by the judges of election to provide
| 15 |
| a copy for each authorized pollwatcher or other official
| 16 |
| authorized to be present in the polling place to observe the
| 17 |
| counting of ballots; but in no case shall the number of copies
| 18 |
| to be made available to pollwatchers be fewer than 4, chosen by
| 19 |
| lot by the judges of election. In addition, sufficient time
| 20 |
| shall be provided by the judges of election to the pollwatchers
| 21 |
| to allow them to copy information from the copy which has been
| 22 |
| posted.
| 23 |
| If instructed by the election authority, the judges of
| 24 |
| election shall cause the tabulated returns to be transmitted
| 25 |
| electronically to the offices of the election authority via
| 26 |
| modem or other electronic medium.
| 27 |
| The precinct judges of election shall select a bi-partisan
| 28 |
| team of 2 judges, who shall immediately return the ballots in a
| 29 |
| sealed container, along with all other election materials and
| 30 |
| equipment as instructed by the election authority; provided,
| 31 |
| however, that such container must first be sealed by the
| 32 |
| election judges with filament tape or other approved sealing
| 33 |
| devices provided for the purpose in a manner that the ballots
| 34 |
| cannot be removed from the container without breaking the seal
|
|
|
|
09400SB1683sam001 |
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LRB094 11121 JAM 44288 a |
|
| 1 |
| or filament tape and disturbing any signatures affixed by the
| 2 |
| election judges to the container. The election authority shall
| 3 |
| keep the office of the election authority, or any receiving
| 4 |
| stations designated by the authority, open for at least 12
| 5 |
| consecutive hours after the polls close or until the ballots | 6 |
| and
election material and equipment from all precincts within | 7 |
| the
jurisdiction of the election authority have been returned | 8 |
| to the
election authority. Ballots and election materials and
| 9 |
| equipment returned to the office of the election authority | 10 |
| which
are not signed and sealed as required by law shall not be
| 11 |
| accepted by the election authority until the judges returning
| 12 |
| the ballots make and sign the necessary corrections. Upon
| 13 |
| acceptance of the ballots and election materials and equipment
| 14 |
| by the election authority, the judges returning the ballots
| 15 |
| shall take a receipt signed by the election authority and
| 16 |
| stamped with the time and date of the return. The election
| 17 |
| judges whose duty it is to return any ballots and election
| 18 |
| materials and equipment as provided shall, in the event the
| 19 |
| ballots, materials or equipment cannot be found when needed, on
| 20 |
| proper request, produce the receipt which they are to take as
| 21 |
| above provided.
| 22 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 23 |
| Section 95. No acceleration or delay. Where this Act makes | 24 |
| changes in a
statute that is represented in this Act by text | 25 |
| that is not yet or no longer in
effect (for example, a Section | 26 |
| represented by multiple versions), the use of
that text does | 27 |
| not accelerate or delay the taking effect of (i) the changes
| 28 |
| made by this Act or (ii) provisions derived from any other | 29 |
| Public Act. | 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.".
|
|