Full Text of HB2670 95th General Assembly
HB2670ham001 95TH GENERAL ASSEMBLY
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Rep. Jay C. Hoffman
Filed: 4/18/2007
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| AMENDMENT TO HOUSE BILL 2670
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| AMENDMENT NO. ______. Amend House Bill 2670 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 4-50, 5-50, 6-100, 19-8, 19A-35, 19A-75, and 20-8 as | 6 |
| follows: | 7 |
| (10 ILCS 5/4-50) | 8 |
| Sec. 4-50. Grace period. Notwithstanding any other | 9 |
| provision of this
Code to the contrary, each election authority | 10 |
| shall
establish procedures for the registration of voters and | 11 |
| for change of address during the period from the close of
| 12 |
| registration for a primary or election and until the 14th day | 13 |
| before the
primary or election. During this grace period, an | 14 |
| unregistered qualified
elector may
register to vote, and a | 15 |
| registered voter may submit a change of address form, in person | 16 |
| in the office of the election
authority or at a voter |
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| registration location specifically designated for this
purpose | 2 |
| by the election authority. The election authority shall
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| register that individual, or change a registered voter's | 4 |
| address, in the same manner as otherwise provided by this | 5 |
| Article for registration and change of address. | 6 |
| If a voter who registers or changes address during this | 7 |
| grace period wishes to vote at the first election or primary | 8 |
| occurring after the grace period, he or she must do so by grace | 9 |
| period voting, either in person in the office of the election | 10 |
| authority or at a location specifically designated for this | 11 |
| purpose by the election authority, or by mail, at the | 12 |
| discretion of the election authority. Grace period voting shall | 13 |
| be in a manner substantially similar to voting under Article | 14 |
| 19. | 15 |
| Within one day after a voter casts a grace period ballot, | 16 |
| the election authority shall transmit the voter's name, street | 17 |
| address, and precinct, ward, township, and district numbers, as | 18 |
| the case may be, to the State Board of Elections, which shall | 19 |
| maintain those names and that information in an electronic | 20 |
| format on its website, arranged by county and accessible to | 21 |
| State and local political committees. The name of each person | 22 |
| issued a grace period ballot shall also be placed on the | 23 |
| appropriate precinct list of persons to whom absentee and early | 24 |
| ballots have been issued, for use as provided in Sections 17-9 | 25 |
| and 18-5. | 26 |
| A person who casts a grace period ballot shall not be |
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| permitted to revoke that ballot and vote another ballot with | 2 |
| respect to that primary or election. Ballots cast by persons | 3 |
| who register or change address during the grace period must be | 4 |
| transmitted to and counted at the election authority's central | 5 |
| ballot counting location , at the same time provided in | 6 |
| subsections (b) and (f) of Section 19-8 for the counting of | 7 |
| absentee ballots, and shall not be transmitted to and counted | 8 |
| at precinct polling places.
The grace period ballots determined | 9 |
| to be valid shall be added to the vote totals for the precincts | 10 |
| for which they were cast in the order in which the ballots were | 11 |
| opened.
At least one day before the election, the election | 12 |
| authority shall provide the appropriate county central | 13 |
| committee chairperson of each established political party with | 14 |
| written notice of the time and location of the counting of | 15 |
| grace period ballots.
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| If the election authority begins the counting of absentee | 17 |
| ballots before the close of the polls on election day, then the | 18 |
| election authority shall begin the counting of grace period | 19 |
| ballots at the same time before the close of the polls on | 20 |
| election day and the authorization of pollwatchers at the | 21 |
| counting of absentee ballots before the close of the polls on | 22 |
| election day under subsection (h) of Section 19-8 shall apply | 23 |
| to the counting of grace period ballots before the close of the | 24 |
| polls on election day (but shall not increase the number of | 25 |
| pollwatchers authorized by subsection (h) of Section 19-8). | 26 |
| Results of grace period voting may be made public in accordance |
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| with the provisions of this Code but in no event earlier than | 2 |
| the close of the polls on election day.
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| (Source: P.A. 93-1082, eff. 7-1-05; 94-1000, eff. 7-3-06.) | 4 |
| (10 ILCS 5/5-50) | 5 |
| Sec. 5-50. Grace period. Notwithstanding any other | 6 |
| provision of this
Code to the contrary, each election authority | 7 |
| shall
establish procedures for the registration of voters and | 8 |
| for change of address during the period from the close of
| 9 |
| registration for a primary or election and until the 14th day | 10 |
| before the
primary or election. During this grace period, an | 11 |
| unregistered qualified
elector may
register to vote, and a | 12 |
| registered voter may submit a change of address form, in person | 13 |
| in the office of the election
authority or at a voter | 14 |
| registration location specifically designated for this
purpose | 15 |
| by the election authority. The election authority shall
| 16 |
| register that individual, or change a registered voter's | 17 |
| address, in the same manner as otherwise provided by this | 18 |
| Article for registration and change of address. | 19 |
|
If a voter who registers or changes address during this | 20 |
| grace period wishes to vote at the first election or primary | 21 |
| occurring after the grace period, he or she must do so by grace | 22 |
| period voting, either in person in the office of the election | 23 |
| authority or at a location specifically designated for this | 24 |
| purpose by the election authority, or by mail, at the | 25 |
| discretion of the election authority. Grace period voting shall |
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| be in a manner substantially similar to voting under Article | 2 |
| 19. | 3 |
| Within one day after a voter casts a grace period ballot, | 4 |
| the election authority shall transmit the voter's name, street | 5 |
| address, and precinct, ward, township, and district numbers, as | 6 |
| the case may be, to the State Board of Elections, which shall | 7 |
| maintain those names and that information in an electronic | 8 |
| format on its website, arranged by county and accessible to | 9 |
| State and local political committees. The name of each person | 10 |
| issued a grace period ballot shall also be placed on the | 11 |
| appropriate precinct list of persons to whom absentee and early | 12 |
| ballots have been issued, for use as provided in Sections 17-9 | 13 |
| and 18-5. | 14 |
| A person who casts a grace period ballot shall not be | 15 |
| permitted to revoke that ballot and vote another ballot with | 16 |
| respect to that primary or election. Ballots cast by persons | 17 |
| who register or change address during the grace period must be | 18 |
| transmitted to and counted at the election authority's central | 19 |
| ballot counting location , at the same time provided in | 20 |
| subsections (b) and (f) of Section 19-8 for the counting of | 21 |
| absentee ballots, and shall not be transmitted to and counted | 22 |
| at precinct polling places. The grace period ballots determined | 23 |
| to be valid shall be added to the vote totals for the precincts | 24 |
| for which they were cast in the order in which the ballots were | 25 |
| opened.
At least one day before the election, the election | 26 |
| authority shall provide the appropriate county central |
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| committee chairperson of each established political party with | 2 |
| written notice of the time and location of the counting of | 3 |
| grace period ballots.
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| If the election authority begins the counting of absentee | 5 |
| ballots before the close of the polls on election day, then the | 6 |
| election authority shall begin the counting of grace period | 7 |
| ballots at the same time before the close of the polls on | 8 |
| election day and the authorization of pollwatchers at the | 9 |
| counting of absentee ballots before the close of the polls on | 10 |
| election day under subsection (h) of Section 19-8 shall apply | 11 |
| to the counting of grace period ballots before the close of the | 12 |
| polls on election day (but shall not increase the number of | 13 |
| pollwatchers authorized by subsection (h) of Section 19-8). | 14 |
| Results of grace period voting may be made public in accordance | 15 |
| with the provisions of this Code but in no event earlier than | 16 |
| the close of the polls on election day.
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| (Source: P.A. 93-1082, eff. 7-1-05; 94-1000, eff. 7-3-06.) | 18 |
| (10 ILCS 5/6-100) | 19 |
| Sec. 6-100. Grace period. Notwithstanding any other | 20 |
| provision of this
Code to the contrary, each election authority | 21 |
| shall
establish procedures for the registration of voters and | 22 |
| for change of address during the period from the close of
| 23 |
| registration for a primary or election and until the 14th day | 24 |
| before the
primary or election. During this grace period, an | 25 |
| unregistered qualified
elector may
register to vote, and a |
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| registered voter may submit a change of address form, in person | 2 |
| in the office of the election
authority or at a voter | 3 |
| registration location specifically designated for this
purpose | 4 |
| by the election authority. The election authority shall
| 5 |
| register that individual, or change a registered voter's | 6 |
| address, in the same manner as otherwise provided by this | 7 |
| Article for registration and change of address. | 8 |
| If a voter who registers or changes address during this | 9 |
| grace period wishes to vote at the first election or primary | 10 |
| occurring after the grace period, he or she must do so by grace | 11 |
| period voting, either in person in the office of the election | 12 |
| authority or at a location specifically designated for this | 13 |
| purpose by the election authority, or by mail, at the | 14 |
| discretion of the election authority. Grace period voting shall | 15 |
| be in a manner substantially similar to voting under Article | 16 |
| 19. | 17 |
| Within one day after a voter casts a grace period ballot, | 18 |
| the election authority shall transmit the voter's name, street | 19 |
| address, and precinct, ward, township, and district numbers, as | 20 |
| the case may be, to the State Board of Elections, which shall | 21 |
| maintain those names and that information in an electronic | 22 |
| format on its website, arranged by county and accessible to | 23 |
| State and local political committees. The name of each person | 24 |
| issued a grace period ballot shall also be placed on the | 25 |
| appropriate precinct list of persons to whom absentee and early | 26 |
| ballots have been issued, for use as provided in Sections 17-9 |
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| and 18-5. | 2 |
| A person who casts a grace period ballot shall not be | 3 |
| permitted to revoke that ballot and vote another ballot with | 4 |
| respect to that primary or election. Ballots cast by persons | 5 |
| who register or change address during the grace period must be | 6 |
| transmitted to and counted at the election authority's central | 7 |
| ballot counting location , at the same time provided in | 8 |
| subsections (b) and (f) of Section 19-8 for the counting of | 9 |
| absentee ballots, and shall not be transmitted to and counted | 10 |
| at precinct polling places. The grace period ballots determined | 11 |
| to be valid shall be added to the vote totals for the precincts | 12 |
| for which they were cast in the order in which the ballots were | 13 |
| opened.
At least one day before the election, the election | 14 |
| authority shall provide the appropriate county central | 15 |
| committee chairperson of each established political party with | 16 |
| written notice of the time and location of the counting of | 17 |
| grace period ballots.
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| If the election authority begins the counting of absentee | 19 |
| ballots before the close of the polls on election day, then the | 20 |
| election authority shall begin the counting of grace period | 21 |
| ballots at the same time before the close of the polls on | 22 |
| election day and the authorization of pollwatchers at the | 23 |
| counting of absentee ballots before the close of the polls on | 24 |
| election day under subsection (h) of Section 19-8 shall apply | 25 |
| to the counting of grace period ballots before the close of the | 26 |
| polls on election day (but shall not increase the number of |
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| pollwatchers authorized by subsection (h) of Section 19-8). | 2 |
| Results of grace period voting may be made public in accordance | 3 |
| with the provisions of this Code but in no event earlier than | 4 |
| the close of the polls on election day.
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| (Source: P.A. 93-1082, eff. 7-1-05; 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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| Sec. 19-8. Time and place of counting ballots. | 8 |
| (a) (Blank.) | 9 |
| (b) Each absent voter's ballot returned to an election | 10 |
| authority, by any means authorized by this Article, and | 11 |
| received by that election authority before the closing of the | 12 |
| polls on election day shall be endorsed by the receiving | 13 |
| election authority with the day and hour of receipt and shall | 14 |
| be counted in the central ballot counting location of the | 15 |
| election authority on the day of the election after 7:00 p.m. , | 16 |
| except as provided in subsections (g) and (g-5).
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| (c) Each absent voter's ballot that is mailed to an | 18 |
| election authority and postmarked by the midnight preceding the | 19 |
| opening of the polls on election day, but that is received by | 20 |
| the election authority after the polls close on election day | 21 |
| and before the close of the period for counting provisional | 22 |
| ballots cast at that election, shall be endorsed by the | 23 |
| receiving authority with the day and hour of receipt and shall | 24 |
| be counted at the central ballot counting location of the | 25 |
| election authority during the period for counting provisional |
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| ballots. | 2 |
| (d) Special write-in absentee voter's blank ballots | 3 |
| returned to an election authority, by any means authorized by | 4 |
| this Article, and received by the election authority at any | 5 |
| time before the closing of the polls on election day shall be | 6 |
| endorsed by the receiving election authority with the day and | 7 |
| hour of receipt and shall be counted at the central ballot | 8 |
| counting location of the election authority during the same | 9 |
| period provided for counting absent voters' ballots under | 10 |
| subsections (b), (g), and (g-5). Special write-in absentee | 11 |
| voter's blank ballots that are mailed to an election authority | 12 |
| and postmarked by the midnight preceding the opening of the | 13 |
| polls on election day, but that are received by the election | 14 |
| authority after the polls close on election day and before the | 15 |
| closing of the period for counting provisional ballots cast at | 16 |
| that election, shall be endorsed by the receiving authority | 17 |
| with the day and hour of receipt and shall be counted at the | 18 |
| central ballot counting location of the election authority | 19 |
| during the same periods provided for counting absent voters' | 20 |
| ballots under subsection (c). | 21 |
| (e) Except as otherwise provided in this Section, absent | 22 |
| voters' ballots and special write-in absentee voter's blank | 23 |
| ballots received by the election authority after the closing of | 24 |
| the polls on an
election day shall be endorsed by the election | 25 |
| authority receiving them
with the day and hour of receipt and | 26 |
| shall be safely kept unopened by the
election authority for the |
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| period of time required for the preservation of
ballots used at | 2 |
| the election, and shall then, without being opened, be
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| destroyed in like manner as the used ballots of that election.
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| (f) Counting required under this Section to begin on | 5 |
| election day after the closing of the polls shall commence no | 6 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 7 |
| panels of election judges appointed in the manner provided
by | 8 |
| law. The counting shall continue until all absent voters' | 9 |
| ballots and special write-in absentee voter's blank ballots | 10 |
| required to be counted on election day have been counted. At | 11 |
| least one day before the election, the election authority shall | 12 |
| provide the appropriate county central committee chairperson | 13 |
| of each established political party with written notice of the | 14 |
| time and location of the counting of absentee ballots.
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| (g) The procedures set forth in Articles 17 and
18 of this | 16 |
| Code shall apply to all ballots counted under
this Section. In | 17 |
| addition, within 2 days after an absentee ballot, other than an | 18 |
| in-person absentee ballot, is received, but in all cases before | 19 |
| the close of the period for counting provisional ballots, the | 20 |
| election judge or official shall compare the voter's signature | 21 |
| on the certification envelope of that absentee ballot with the | 22 |
| signature of the voter on file in the office of the election | 23 |
| authority. If the election judge or official determines that | 24 |
| the 2 signatures match, and that the absentee voter is | 25 |
| otherwise qualified to cast an absentee ballot, the election | 26 |
| authority shall cast and count the ballot on election day or |
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| the day the ballot is determined to be valid, whichever is | 2 |
| later, adding the results to the precinct in which the voter is | 3 |
| registered. If the election judge or official determines that | 4 |
| the signatures do not match, or that the absentee voter is not | 5 |
| qualified to cast an absentee ballot, then without opening the | 6 |
| certification envelope, the judge or official shall mark across | 7 |
| the face of the certification envelope the word "Rejected" and | 8 |
| shall not cast or count the ballot. | 9 |
| In addition to the voter's signatures not matching, an | 10 |
| absentee ballot may be rejected by the election judge or | 11 |
| official: | 12 |
| (1) if the ballot envelope is open or has been opened | 13 |
| and resealed; | 14 |
| (2) if the voter has already cast an early or grace | 15 |
| period ballot; | 16 |
| (3) if the voter voted in person on election day or the | 17 |
| voter is not a duly registered voter in the precinct; or | 18 |
| (4) on any other basis set forth in this Code. | 19 |
| If the election judge or official determines that any of | 20 |
| these reasons apply, the judge or official shall mark across | 21 |
| the face of the certification envelope the word "Rejected" and | 22 |
| shall not cast or count the ballot.
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| (g-5) If an absentee ballot, other than an in-person | 24 |
| absentee ballot, is rejected by the election judge or official | 25 |
| for any reason, the election authority shall, within 2 days | 26 |
| after the rejection but in all cases before the close of the |
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| period for counting provisional ballots, notify the absentee | 2 |
| voter that his or her ballot was rejected. The notice shall | 3 |
| inform the voter of the reason or reasons the ballot was | 4 |
| rejected and shall state that the voter may appear before the | 5 |
| election authority, on or before the 14th day after the | 6 |
| election, to show cause as to why the ballot should not be | 7 |
| rejected. The voter may present evidence to the election | 8 |
| authority supporting his or her contention that the ballot | 9 |
| should be counted. The election authority shall appoint a panel | 10 |
| of 3 election judges to review the contested ballot, | 11 |
| application, and certification envelope, as well as any | 12 |
| evidence submitted by the absentee voter. No more than 2 | 13 |
| election judges on the reviewing panel shall be of the same | 14 |
| political party. The reviewing panel of election judges shall | 15 |
| make a final determination as to the validity of the contested | 16 |
| absentee ballot. The judges' determination shall not be | 17 |
| reviewable either administratively or judicially. | 18 |
| An absentee ballot subject to this subsection that is | 19 |
| determined to be valid shall be counted before the close of the | 20 |
| period for counting provisional ballots.
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| (g-10) All absentee ballots determined to be valid shall be | 22 |
| added to the vote totals for the precincts for which they were | 23 |
| cast in the order in which the ballots were opened.
Results of | 24 |
| absentee voting may be made public in accordance with the | 25 |
| provisions of this Code but in no event earlier than the | 26 |
| closing of the polls on election day.
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| (h) Each political party, candidate, and qualified civic | 2 |
| organization shall be entitled to have present , including at | 3 |
| any counting before the close of the polls on election day, one | 4 |
| pollwatcher for each panel of election judges therein assigned.
| 5 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| 6 |
| (10 ILCS 5/19A-35)
| 7 |
| Sec. 19A-35. Procedure for voting.
| 8 |
| (a) Not more than 23 days before the start of the election, | 9 |
| the county clerk
shall make available to the election official | 10 |
| conducting early voting by
personal
appearance a sufficient | 11 |
| number of early ballots, envelopes, and printed voting
| 12 |
| instruction slips for the use of early voters. The election | 13 |
| official shall
receipt for all ballots received and shall | 14 |
| return unused or spoiled ballots at
the close of the early | 15 |
| voting period to the county clerk and must strictly
account for | 16 |
| all ballots received. The ballots delivered to the election
| 17 |
| official must include early ballots for each precinct in the | 18 |
| election
authority's jurisdiction and must include separate | 19 |
| ballots for each political
subdivision conducting an election | 20 |
| of officers or a referendum at that
election.
| 21 |
| (b) In conducting early voting under this Article, the | 22 |
| election judge or official is
required to verify the signature | 23 |
| of the early voter by comparison with the
signature on the
| 24 |
| official registration card, and the judge or official must | 25 |
| verify (i) the identity
of the applicant, (ii) that the |
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| applicant is a registered voter, (iii) the
precinct in which | 2 |
| the applicant is registered, and (iv) the proper ballots of
the | 3 |
| political subdivision in which the applicant resides and is | 4 |
| entitled to
vote before providing an early ballot to the | 5 |
| applicant. The applicant's identity must be verified by the | 6 |
| applicant's presentation of an Illinois driver's license, a | 7 |
| non-driver identification card issued by the Illinois | 8 |
| Secretary of State, or another government-issued | 9 |
| identification document containing the applicant's photograph. | 10 |
| The election judge or official
must verify the applicant's | 11 |
| registration from the most recent poll list
provided by the
| 12 |
| election authority, and if the applicant is not listed on that | 13 |
| poll list, by
telephoning the office of the election authority.
| 14 |
| (b-5) A person requesting an early voting ballot to whom an | 15 |
| absentee ballot was issued may vote early if the person submits | 16 |
| that absentee ballot to the judges of election or official | 17 |
| conducting early voting for cancellation. If the voter is | 18 |
| unable to submit the absentee ballot, it shall be sufficient | 19 |
| for the voter to submit to the judges or official (i) a portion | 20 |
| of the absentee ballot if the absentee ballot was torn or | 21 |
| mutilated or (ii) an affidavit executed before the judges or | 22 |
| official specifying that (A) the voter never received an | 23 |
| absentee ballot or (B) the voter completed and returned an | 24 |
| absentee ballot and was informed that the election authority | 25 |
| did not receive that absentee ballot. | 26 |
| (b-10) Within one day after a voter casts an early voting |
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| ballot, the election authority shall transmit the voter's name, | 2 |
| street address, and precinct, ward, township, and district | 3 |
| numbers, as the case may be, to the State Board of Elections, | 4 |
| which shall maintain those names and that information in an | 5 |
| electronic format on its website, arranged by county and | 6 |
| accessible to State and local political committees. | 7 |
| (b-15) This subsection applies to early voting polling | 8 |
| places using optical scan technology voting equipment subject | 9 |
| to Article 24B. Immediately after voting an early ballot, the | 10 |
| voter shall be instructed whether the voting equipment accepted | 11 |
| or rejected the ballot. A voter whose early voting ballot is | 12 |
| not accepted by the voting equipment may, upon surrendering the | 13 |
| ballot, request and vote another early voting ballot. The | 14 |
| voter's ballot that was not accepted shall be initialed by the | 15 |
| election judge or official conducting the early voting and | 16 |
| handled as provided in Article 24B.
| 17 |
| (c) The sealed early ballots in their carrier envelope | 18 |
| shall be delivered by
the election authority to the central | 19 |
| ballot counting location before the close of the
polls on the | 20 |
| day of the election ; except that if the election authority | 21 |
| begins the counting of absentee ballots before the close of the | 22 |
| polls on election day, then the election authority must begin | 23 |
| counting early voting ballots at the same time before the close | 24 |
| of the polls on election day and (i) the early voting ballots | 25 |
| must be delivered to the central ballot counting location in | 26 |
| sufficient time for the commencement of counting and (ii) the |
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| authorization of pollwatchers at the counting of absentee | 2 |
| ballots before the close of the polls on election day under | 3 |
| subsection (h) of Section 19-8 shall apply to the counting of | 4 |
| early voting ballots before the close of the polls on election | 5 |
| day (but shall not increase the number of pollwatchers | 6 |
| authorized by subsection (h) of Section 19-8). At least one day | 7 |
| before the election, the election authority shall provide the | 8 |
| appropriate county central committee chairperson of each | 9 |
| established political party with written notice of the time and | 10 |
| location of the counting of early voting ballots. Results of | 11 |
| early voting nay be made public in accordance with the | 12 |
| provisions of this Code but in no event earlier than the close | 13 |
| of the polls on election day .
| 14 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.) | 15 |
| (10 ILCS 5/19A-75)
| 16 |
| Sec. 19A-75. Early voting in jurisdictions using Direct | 17 |
| Recording Electronic Voting Systems under Article 24C. | 18 |
| Election authorities that have adopted for use Direct Recording | 19 |
| Electronic Voting Systems under Article 24C may either use | 20 |
| those voting systems to conduct early voting or, so long as at | 21 |
| least one Direct Recording Electronic Voting System device is | 22 |
| available at each early voting polling place, use whatever | 23 |
| method the election authority uses for absentee balloting | 24 |
| conducted by mail; provided that no early ballots are counted | 25 |
| before the polls close on election day.
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| 1 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 2 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 3 |
| Sec. 20-8. Time and place of counting ballots. | 4 |
| (a) (Blank.) | 5 |
| (b) Each absent voter's ballot returned to an election | 6 |
| authority, by any means authorized by this Article, and | 7 |
| received by that election authority before the closing of the | 8 |
| polls on election day shall be endorsed by the receiving | 9 |
| election authority with the day and hour of receipt and shall | 10 |
| be counted in the central ballot counting location of the | 11 |
| election authority on the day of the election after 7:00 p.m. , | 12 |
| except as provided in subsections (g) and (g-5).
| 13 |
| (c) Each absent voter's ballot that is mailed to an | 14 |
| election authority and postmarked by the midnight preceding the | 15 |
| opening of the polls on election day, but that is received by | 16 |
| the election authority after the polls close on election day | 17 |
| and before the close of the period for counting provisional | 18 |
| ballots cast at that election, shall be endorsed by the | 19 |
| receiving authority with the day and hour of receipt and shall | 20 |
| be counted at the central ballot counting location of the | 21 |
| election authority during the period for counting provisional | 22 |
| ballots. | 23 |
| (d) Special write-in absentee voter's blank ballots | 24 |
| returned to an election authority, by any means authorized by | 25 |
| this Article, and received by the election authority at any |
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| time before the closing of the polls on election day shall be | 2 |
| endorsed by the receiving election authority with the day and | 3 |
| hour of receipt and shall be counted at the central ballot | 4 |
| counting location of the election authority during the same | 5 |
| period provided for counting absent voters' ballots under | 6 |
| subsections (b), (g), and (g-5). Special write-in absentee | 7 |
| voter's blank ballot that are mailed to an election authority | 8 |
| and postmarked by midnight preceding the opening of the polls | 9 |
| on election day, but that are received by the election | 10 |
| authority after the polls close on election day and before the | 11 |
| closing of the period for counting provisional ballots cast at | 12 |
| that election, shall be endorsed by the receiving authority | 13 |
| with the day and hour of receipt and shall be counted at the | 14 |
| central ballot counting location of the election authority | 15 |
| during the same periods provided for counting absent voters' | 16 |
| ballots under subsection (c).
| 17 |
| (e) Except as otherwise provided in this Section, absent | 18 |
| voters' ballots and special write-in absentee voter's blank | 19 |
| ballots received by the election authority after the closing of | 20 |
| the polls on the day of election shall be
endorsed by the | 21 |
| person receiving the ballots with the day and hour of
receipt | 22 |
| and shall be safely kept unopened by the election authority for
| 23 |
| the period of time required for the preservation of ballots | 24 |
| used at the
election, and shall then, without being opened, be | 25 |
| destroyed in like
manner as the used ballots of that election.
| 26 |
| (f) Counting required under this Section to begin on |
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| election day after the closing of the polls shall commence no | 2 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 3 |
| panels of election judges appointed in the manner provided
by | 4 |
| law. The counting shall continue until all absent voters' | 5 |
| ballots and special write-in absentee voter's blank ballots | 6 |
| required to be counted on election day have been counted. At | 7 |
| least one day before the election, the election authority shall | 8 |
| provide the appropriate county central committee chairperson | 9 |
| of each established political party with written notice of the | 10 |
| time and location of the counting of absentee ballots.
| 11 |
| (g) The procedures set forth in Articles 17 and
18 of this | 12 |
| Code shall apply to all ballots counted under
this Section. In | 13 |
| addition, within 2 days after a ballot subject to this Article | 14 |
| is received, but in all cases before the close of the period | 15 |
| for counting provisional ballots, the election judge or | 16 |
| official shall compare the voter's signature on the | 17 |
| certification envelope of that ballot with the signature of the | 18 |
| voter on file in the office of the election authority. If the | 19 |
| election judge or official determines that the 2 signatures | 20 |
| match, and that the voter is otherwise qualified to cast a | 21 |
| ballot under this Article, the election authority shall cast | 22 |
| and count the ballot on election day or the day the ballot is | 23 |
| determined to be valid, whichever is later, adding the results | 24 |
| to the precinct in which the voter is registered. If the | 25 |
| election judge or official determines that the signatures do | 26 |
| not match, or that the voter is not qualified to cast a ballot |
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| under this Article, then without opening the certification | 2 |
| envelope, the judge or official shall mark across the face of | 3 |
| the certification envelope the word "Rejected" and shall not | 4 |
| cast or count the ballot. | 5 |
| In addition to the voter's signatures not matching, a | 6 |
| ballot subject to this Article may be rejected by the election | 7 |
| judge or official: | 8 |
| (1) if the ballot envelope is open or has been opened | 9 |
| and resealed; | 10 |
| (2) if the voter has already cast an early or grace | 11 |
| period ballot; | 12 |
| (3) if the voter voted in person on election day or the | 13 |
| voter is not a duly registered voter in the precinct; or | 14 |
| (4) on any other basis set forth in this Code. | 15 |
| If the election judge or official determines that any of | 16 |
| these reasons apply, the judge or official shall mark across | 17 |
| the face of the certification envelope the word "Rejected" and | 18 |
| shall not cast or count the ballot. | 19 |
| (g-5) If a ballot subject to this Article is rejected by | 20 |
| the election judge or official for any reason, the election | 21 |
| authority shall, within 2 days after the rejection but in all | 22 |
| cases before the close of the period for counting provisional | 23 |
| ballots, notify the voter that his or her ballot was rejected. | 24 |
| The notice shall inform the voter of the reason or reasons the | 25 |
| ballot was rejected and shall state that the voter may appear | 26 |
| before the election authority, on or before the 14th day after |
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| the election, to show cause as to why the ballot should not be | 2 |
| rejected. The voter may present evidence to the election | 3 |
| authority supporting his or her contention that the ballot | 4 |
| should be counted. The election authority shall appoint a panel | 5 |
| of 3 election judges to review the contested ballot, | 6 |
| application, and certification envelope, as well as any | 7 |
| evidence submitted by the absentee voter. No more than 2 | 8 |
| election judges on the reviewing panel shall be of the same | 9 |
| political party. The reviewing panel of election judges shall | 10 |
| make a final determination as to the validity of the contested | 11 |
| ballot. The judges' determination shall not be reviewable | 12 |
| either administratively or judicially. | 13 |
| A ballot subject to this subsection that is determined to | 14 |
| be valid shall be counted before the close of the period for | 15 |
| counting provisional ballots. | 16 |
| (g-10) All ballots determined to be valid shall be added to | 17 |
| the vote totals for the precincts for which they were cast in | 18 |
| the order in which the ballots were opened.
Results of absentee | 19 |
| voting may be made public in accordance with the provisions of | 20 |
| this Code but in no event earlier than the closing of the polls | 21 |
| on election day.
| 22 |
| (h) Each political party,
candidate, and qualified civic | 23 |
| organization shall be entitled to have
present , including at | 24 |
| any counting before the close of the polls on election day, one | 25 |
| pollwatcher for each panel of election judges therein assigned.
| 26 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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|