Illinois General Assembly - Full Text of SB0829
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Full Text of SB0829  102nd General Assembly

SB0829eng 102ND GENERAL ASSEMBLY



 


 
SB0829 EngrossedLRB102 04627 SMS 14646 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 19-3, 19-4, 19-5, 24A-10, 24A-10.1, 24A-14, 24B-10,
624B-10.1, and 24B-14 and by adding Section 19-2.6 as follows:
 
7    (10 ILCS 5/19-2.6 new)
8    Sec. 19-2.6. Vote by mail; voters with a print disability.
9    (a) Definitions. As used in this Section, unless the
10context otherwise requires:
11    "Assistive technology" means any equipment, software, or
12product used to increase, maintain, or improve the functional
13capabilities of individuals with disabilities, including, but
14not limited to, screen reading and magnification software,
15refreshable Braille displays, and speech recognition programs.
16    "Certified remote accessible vote by mail system" means a
17process approved by the State Board of Elections through which
18an election authority provides for the electronic transmission
19of a vote by mail ballot to a voter with a print disability and
20through which the voter with a print disability marks and
21verifies the voter's ballot using assistive technology.
22    "Electronic transmission" means the transfer of data or
23information through an authorized electronic data interchange

 

 

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1system.
2    "Voter with a print disability" means a person having a
3temporary or permanent physical or mental impairment, such as
4blindness, low vision, physical dexterity limitations, or
5learning or cognitive disabilities, that prevents the person
6from effective reading, writing, or use of printed material.
7    (b) The State Board of Elections shall provide a certified
8remote accessible vote by mail system for the General Election
9of November 8, 2022 and all subsequent elections, through
10which a vote by mail ballot can be delivered by electronic
11transmission to voters with print disabilities and through
12which voters with print disabilities are able to mark and
13verify their ballots using assistive technology.
14    (c) Election authorities shall permit voters with a print
15disability to receive and mark their vote by mail ballots (i)
16through the certified remote accessible vote by mail system
17provided by the State Board of Elections pursuant to
18subsection (b) of this Section or (ii) through a certified
19remote accessible vote by mail system provided by the election
20authority.
21    (d) If a vote by mail ballot application from a voter with
22a print disability arrives after the jurisdiction begins
23transmitting vote by mail ballots and instructions to voters,
24the election authority shall electronically transmit the
25ballot, instructions, and balloting materials to the voter
26within two business days after receipt of the application.

 

 

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1    (e) Ballots received and marked pursuant to this Section
2must be printed by the voter and returned to the election
3authority as provided in Section 19-6.
4    (f) The State Board of Elections shall adopt rules,
5including emergency rules, necessary for the implementation of
6this Section. The State Board of Elections' adopted rules
7shall include certification standards for a remote accessible
8vote by mail system and a method subject to the provisions in
9Sections 19-2 and 19-3 of this Article by which a voter with a
10print disability may request to use a certified remote
11accessible vote by mail system and apply for an accessible
12vote by mail ballot.
 
13    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
14    Sec. 19-3. Application for a vote by mail ballot.
15    (a) The application for a vote by mail ballot for a single
16election shall be substantially in the following form:
17
APPLICATION FOR VOTE BY MAIL BALLOT
18    To be voted at the .... election in the County of .... and
19State of Illinois, in the .... precinct of the (1) *township of
20.... (2) *City of .... or (3) *.... ward in the City of ....
21    I state that I am a resident of the .... precinct of the
22(1) *township of .... (2) *City of .... or (3) *.... ward in
23the city of .... residing at .... in such city or town in the
24county of .... and State of Illinois; that I have lived at such
25address for .... month(s) last past; that I am lawfully

 

 

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1entitled to vote in such precinct at the .... election to be
2held therein on ....; and that I wish to vote by vote by mail
3ballot.
4    I hereby make application for an official ballot or
5ballots to be voted by me at such election, and I agree that I
6shall return such ballot or ballots to the official issuing
7the same prior to the closing of the polls on the date of the
8election or, if returned by mail, postmarked no later than
9election day, for counting no later than during the period for
10counting provisional ballots, the last day of which is the
1114th day following election day.
12    I understand that this application is made for an official
13vote by mail ballot or ballots to be voted by me at the
14election specified in this application and that I must submit
15a separate application for an official vote by mail ballot or
16ballots to be voted by me at any subsequent election.
17    Under penalties as provided by law pursuant to Section
1829-10 of the Election Code, the undersigned certifies that the
19statements set forth in this application are true and correct.
20
....
21
*fill in either (1), (2) or (3).
22
Post office address to which ballot is mailed:
23...............
24    (a-5) The application for a single vote by mail ballot
25transmitted electronically pursuant to Section 19-2.6 shall be
26substantively similar to the application for a vote by mail

 

 

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1ballot for a single election and shall include:
2        I swear or affirm that I am a voter with a print
3    disability, and, as a result of this disability, I am
4    making a request to receive a vote by mail ballot
5    electronically so that I may privately and independently
6    mark, verify, and print my vote by mail ballot.
7    (b) The application for permanent vote by mail status
8shall be substantially in the following form:
9
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
10    I am currently a registered voter and wish to apply for
11permanent vote by mail status.
12    I state that I am a resident of the City of .... residing
13at .... in such city in the county of .... and State of
14Illinois; that I have lived at such address for .... month(s)
15last past; that I am lawfully entitled to vote in such precinct
16at the .... election to be held therein on ....; and that I
17wish to vote by vote by mail ballot in:
18    ..... all subsequent elections that do not require a party
19        designation.
20    ..... all subsequent elections, and I wish to receive a
21        ................... Party vote by mail ballot in
22        elections that require a party designation.
23    I hereby make application for an official ballot or
24ballots to be voted by me at such election, and I agree that I
25shall return such ballot or ballots to the official issuing
26the same prior to the closing of the polls on the date of the

 

 

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1election or, if returned by mail, postmarked no later than
2election day, for counting no later than during the period for
3counting provisional ballots, the last day of which is the
414th day following election day.
5    Under penalties as provided by law under Section 29-10 of
6the Election Code, the undersigned certifies that the
7statements set forth in this application are true and correct.
8
....
9
Post office address to which ballot is mailed:
10...............
11    (b-5) The application for permanent vote by mail ballots
12transmitted electronically pursuant to Section 19-2.6 shall be
13substantively similar to the application for permanent vote by
14mail status and shall include:
15        I swear or affirm that I am a voter with a
16    non-temporary print disability, and as a result of this
17    disability, I am making a request to receive vote by mail
18    ballots electronically so that I may privately and
19    independently mark, verify, and print my vote by mail
20    ballots.
21    (c) However, if application is made for a primary election
22ballot, such application shall require the applicant to
23designate the name of the political party with which the
24applicant is affiliated. The election authority shall allow
25any voter on permanent vote by mail status to change his or her
26party affiliation for a primary election ballot by a method

 

 

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1and deadline published and selected by the election authority.
2    (d) If application is made electronically, the applicant
3shall mark the box associated with the above described
4statement included as part of the online application
5certifying that the statements set forth in the application
6under subsection (a) or (b) are true and correct, and a
7signature is not required.
8    (e) Any person may produce, reproduce, distribute, or
9return to an election authority an application under this
10Section. If applications are sent to a post office box
11controlled by any individual or organization that is not an
12election authority, those applications shall (i) include a
13valid and current phone number for the individual or
14organization controlling the post office box and (ii) be
15turned over to the appropriate election authority within 7
16days of receipt or, if received within 2 weeks of the election
17in which an applicant intends to vote, within 2 days of
18receipt. Failure to turn over the applications in compliance
19with this paragraph shall constitute a violation of this Code
20and shall be punishable as a petty offense with a fine of $100
21per application. Removing, tampering with, or otherwise
22knowingly making the postmark on the application unreadable by
23the election authority shall establish a rebuttable
24presumption of a violation of this paragraph. Upon receipt,
25the appropriate election authority shall accept and promptly
26process any application under this Section submitted in a form

 

 

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1substantially similar to that required by this Section,
2including any substantially similar production or reproduction
3generated by the applicant.
4    (f) An election authority may combine the applications in
5subsections (a) and (b) onto one form, but the distinction
6between the applications must be clear and the form must
7provide check boxes for an applicant to indicate whether he or
8she is applying for a single election vote by mail ballot or
9for permanent vote by mail status.
10(Source: P.A. 102-15, eff. 6-17-21.)
 
11    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
12    Sec. 19-4. Mailing or delivery of ballots; time.
13Immediately upon the receipt of such application either by
14mail or electronic means, not more than 90 days nor less than 5
15days prior to such election, or by personal delivery not more
16than 90 days nor less than one day prior to such election, at
17the office of such election authority, it shall be the duty of
18such election authority to examine the records to ascertain
19whether or not such applicant is lawfully entitled to vote as
20requested, including a verification of the applicant's
21signature by comparison with the signature on the official
22registration record card, and if found so to be entitled to
23vote, to post within one business day thereafter the name,
24street address, ward and precinct number or township and
25district number, as the case may be, of such applicant given on

 

 

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1a list, the pages of which are to be numbered consecutively to
2be kept by such election authority for such purpose in a
3conspicuous, open and public place accessible to the public at
4the entrance of the office of such election authority, and in
5such a manner that such list may be viewed without necessity of
6requesting permission therefor. Within one day after posting
7the name and other information of an applicant for a vote by
8mail ballot, the election authority shall transmit by
9electronic means pursuant to a process established by the
10State Board of Elections that name and other posted
11information to the State Board of Elections, which shall
12maintain those names and other information in an electronic
13format on its website, arranged by county and accessible to
14State and local political committees. Within 2 business days
15after posting a name and other information on the list within
16its office, but no sooner than 40 days before an election, the
17election authority shall mail, postage prepaid, or deliver in
18person in such office, or deliver via electronic transmission
19pursuant to Section 19-2.6, an official ballot or ballots if
20more than one are to be voted at said election. Mail delivery
21of Temporarily Absent Student ballot applications pursuant to
22Section 19-12.3 shall be by nonforwardable mail. However, for
23the consolidated election, vote by mail ballots for certain
24precincts may be delivered to applicants not less than 25 days
25before the election if so much time is required to have
26prepared and printed the ballots containing the names of

 

 

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1persons nominated for offices at the consolidated primary. The
2election authority shall enclose with each vote by mail ballot
3or application written instructions on how voting assistance
4shall be provided pursuant to Section 17-14 and a document,
5written and approved by the State Board of Elections,
6informing the vote by mail voter of the required postage for
7returning the application and ballot, and enumerating the
8circumstances under which a person is authorized to vote by
9vote by mail ballot pursuant to this Article; such document
10shall also include a statement informing the applicant that if
11he or she falsifies or is solicited by another to falsify his
12or her eligibility to cast a vote by mail ballot, such
13applicant or other is subject to penalties pursuant to Section
1429-10 and Section 29-20 of the Election Code. Each election
15authority shall maintain a list of the name, street address,
16ward and precinct, or township and district number, as the
17case may be, of all applicants who have returned vote by mail
18ballots to such authority, and the name of such vote by mail
19voter shall be added to such list within one business day from
20receipt of such ballot. If the vote by mail ballot envelope
21indicates that the voter was assisted in casting the ballot,
22the name of the person so assisting shall be included on the
23list. The list, the pages of which are to be numbered
24consecutively, shall be kept by each election authority in a
25conspicuous, open, and public place accessible to the public
26at the entrance of the office of the election authority and in

 

 

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1a manner that the list may be viewed without necessity of
2requesting permission for viewing.
3    Each election authority shall maintain a list for each
4election of the voters to whom it has issued vote by mail
5ballots. The list shall be maintained for each precinct within
6the jurisdiction of the election authority. Prior to the
7opening of the polls on election day, the election authority
8shall deliver to the judges of election in each precinct the
9list of registered voters in that precinct to whom vote by mail
10ballots have been issued by mail.
11    Each election authority shall maintain a list for each
12election of voters to whom it has issued temporarily absent
13student ballots. The list shall be maintained for each
14election jurisdiction within which such voters temporarily
15abide. Immediately after the close of the period during which
16application may be made by mail or electronic means for vote by
17mail ballots, each election authority shall mail to each other
18election authority within the State a certified list of all
19such voters temporarily abiding within the jurisdiction of the
20other election authority.
21    In the event that the return address of an application for
22ballot by a physically incapacitated elector is that of a
23facility licensed or certified under the Nursing Home Care
24Act, the Specialized Mental Health Rehabilitation Act of 2013,
25the ID/DD Community Care Act, or the MC/DD Act, within the
26jurisdiction of the election authority, and the applicant is a

 

 

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1registered voter in the precinct in which such facility is
2located, the ballots shall be prepared and transmitted to a
3responsible judge of election no later than 9 a.m. on the
4Friday, Saturday, Sunday, or Monday immediately preceding the
5election as designated by the election authority under Section
619-12.2. Such judge shall deliver in person on the designated
7day the ballot to the applicant on the premises of the facility
8from which application was made. The election authority shall
9by mail notify the applicant in such facility that the ballot
10will be delivered by a judge of election on the designated day.
11    All applications for vote by mail ballots shall be
12available at the office of the election authority for public
13inspection upon request from the time of receipt thereof by
14the election authority until 30 days after the election,
15except during the time such applications are kept in the
16office of the election authority pursuant to Section 19-7, and
17except during the time such applications are in the possession
18of the judges of election.
19    Notwithstanding any provision of this Section to the
20contrary, pursuant to subsection (a) of Section 30 of the
21Address Confidentiality for Victims of Domestic Violence,
22Sexual Assault, Human Trafficking, or Stalking Act, neither
23the name nor the address of a program participant under that
24Act shall be included in any list of registered voters
25available to the public, including the lists referenced in
26this Section.

 

 

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1(Source: P.A. 102-292, eff. 1-1-22.)
 
2    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
3    Sec. 19-5. Folding and enclosure of ballots in unsealed
4envelope; address on envelope; certification; instructions for
5marking and returning ballots. It shall be the duty of the
6election authority to fold the ballot or ballots in the manner
7specified by the statute for folding ballots prior to their
8deposit in the ballot box, and to enclose such ballot or
9ballots in an envelope unsealed to be furnished by him, which
10envelope shall bear upon the face thereof the name, official
11title and post office address of the election authority, and
12upon the other side a printed certification in substantially
13the following form:
14    I state that I am a resident of the .... precinct of the
15(1) *township of .... (2) *City of .... or (3) *.... ward in
16the city of .... residing at .... in such city or town in the
17county of .... and State of Illinois, that I have lived at such
18address for .... months last past; and that I am lawfully
19entitled to vote in such precinct at the .... election to be
20held on .....
21*fill in either (1), (2) or (3).
22    I further state that I personally marked the enclosed
23ballot in secret.
24    Under penalties of perjury as provided by law pursuant to
25Section 29-10 of The Election Code, the undersigned certifies

 

 

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1that the statements set forth in this certification are true
2and correct.
3
.......................
4    If the ballot is to go to an elector who is physically
5incapacitated and needs assistance marking the ballot, the
6envelope shall bear upon the back thereof a certification in
7substantially the following form:
8    I state that I am a resident of the .... precinct of the
9(1) *township of .... (2) *City of .... or (3) *.... ward in
10the city of .... residing at .... in such city or town in the
11county of .... and State of Illinois, that I have lived at such
12address for .... months last past; that I am lawfully entitled
13to vote in such precinct at the .... election to be held on
14....; that I am physically incapable of personally marking the
15ballot for such election.
16*fill in either (1), (2) or (3).
17    I further state that I marked the enclosed ballot in
18secret with the assistance of
19
.................................
20
(Individual rendering assistance)
21
.................................
22
(Residence Address)
23    Under penalties of perjury as provided by law pursuant to
24Section 29-10 of The Election Code, the undersigned certifies
25that the statements set forth in this certification are true
26and correct.

 

 

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1
.......................
2    In the case of a voter with a physical incapacity, marking
3a ballot in secret includes marking a ballot with the
4assistance of another individual, other than a candidate whose
5name appears on the ballot (unless the voter is the spouse or a
6parent, child, brother, or sister of the candidate), the
7voter's employer, an agent of that employer, or an officer or
8agent of the voter's union, when the voter's physical
9incapacity necessitates such assistance.
10    In the case of a physically incapacitated voter, marking a
11ballot in secret includes marking a ballot with the assistance
12of another individual, other than a candidate whose name
13appears on the ballot (unless the voter is the spouse or a
14parent, child, brother, or sister of the candidate), the
15voter's employer, an agent of that employer, or an officer or
16agent of the voter's union, when the voter's physical
17incapacity necessitates such assistance.
18    Provided, that if the ballot enclosed is to be voted at a
19primary election, the certification shall designate the name
20of the political party with which the voter is affiliated.
21    In addition to the above, the election authority shall
22provide printed slips, or an electronic version thereof for
23voters voting by mail pursuant to Section 19-2.6, giving full
24instructions regarding the manner of marking and returning the
25ballot in order that the same may be counted, and shall furnish
26one of such printed slips or the electronic version thereof

 

 

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1for voters voting by mail pursuant to Section 19-2.6 to each of
2such applicants at the same time the ballot is delivered to
3him. Such instructions shall include the following statement:
4"In signing the certification on the vote by mail ballot
5envelope, you are attesting that you personally marked this
6vote by mail ballot in secret. If you are physically unable to
7mark the ballot, a friend or relative may assist you after
8completing the enclosed affidavit. Federal and State laws
9prohibit a candidate whose name appears on the ballot (unless
10you are the spouse or a parent, child, brother, or sister of
11the candidate), your employer, your employer's agent or an
12officer or agent of your union from assisting voters with
13physical disabilities."
14    In addition to the above, if a ballot to be provided to an
15elector pursuant to this Section contains a public question
16described in subsection (b) of Section 28-6 and the territory
17concerning which the question is to be submitted is not
18described on the ballot due to the space limitations of such
19ballot, the election authority shall provide a printed copy of
20a notice of the public question, which shall include a
21description of the territory in the manner required by Section
2216-7. The notice shall be furnished to the elector at the same
23time the ballot is delivered to the elector.
24    Election authorities transmitting ballots by electronic
25transmission pursuant to Section 19-2.6 shall, to the greatest
26extent possible, provide those applicants with the same

 

 

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1instructions, certifications, and other balloting materials
2required when sending ballots by mail.
3(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
 
4    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
5    Sec. 24A-10. (1) In an election jurisdiction which has
6adopted an electronic voting system, the election official in
7charge of the election shall select one of the 3 following
8procedures for receiving, counting, tallying, and return of
9the ballots:
10    (a) Two ballot boxes shall be provided for each polling
11place. The first ballot box is for the depositing of votes cast
12on the electronic voting system; and the second ballot box is
13for all votes cast on paper ballots, including any paper
14ballots required to be voted other than on the electronic
15voting system. Ballots deposited in the second ballot box
16shall be counted, tallied, and returned as is elsewhere
17provided in this Code for the counting and handling of paper
18ballots. Immediately after the closing of the polls, the
19judges of election shall make out a slip indicating the number
20of persons who voted in the precinct at the election. Such slip
21shall be signed by all the judges of election and shall be
22inserted by them in the first ballot box. The judges of
23election shall thereupon immediately lock each ballot box;
24provided, that if such box is not of a type which may be
25securely locked, such box shall be sealed with filament tape

 

 

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1provided for such purpose which shall be wrapped around the
2box lengthwise and crosswise, at least twice each way, and in
3such manner that the seal completely covers the slot in the
4ballot box, and each of the judges shall sign such seal.
5Thereupon two of the judges of election, of different
6political parties, shall forthwith and by the most direct
7route transport both ballot boxes to the counting location
8designated by the county clerk or board of election
9commissioners.
10    Before the ballots of a precinct are fed to the electronic
11tabulating equipment, the first ballot box shall be opened at
12the central counting station by the two precinct transport
13judges. Upon opening a ballot box, such team shall first count
14the number of ballots in the box. If 2 or more are folded
15together so as to appear to have been cast by the same person,
16all of the ballots so folded together shall be marked and
17returned with the other ballots in the same condition, as near
18as may be, in which they were found when first opened, but
19shall not be counted. If the remaining ballots are found to
20exceed the number of persons voting in the precinct as shown by
21the slip signed by the judges of election, the ballots shall be
22replaced in the box, and the box closed and well shaken and
23again opened and one of the precinct transport judges shall
24publicly draw out so many ballots unopened as are equal to such
25excess.
26    Such excess ballots shall be marked "Excess-Not Counted"

 

 

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1and signed by the two precinct transport judges and shall be
2placed in the "After 7:00 p.m. Defective Ballots Envelope".
3The number of excess ballots shall be noted in the remarks
4section of the Certificate of Results. "Excess" ballots shall
5not be counted in the total of "defective" ballots.
6    The precinct transport judges shall then examine the
7remaining ballots for write-in votes and shall count and
8tabulate the write-in vote; or
9    (b) A single ballot box, for the deposit of all votes cast,
10shall be used. All ballots which are not to be tabulated on the
11electronic voting system shall be counted, tallied, and
12returned as elsewhere provided in this Code for the counting
13and handling of paper ballots.
14    All ballots to be processed and tabulated with the
15electronic voting system shall be processed as follows:
16    Immediately after the closing of the polls, the precinct
17judges of election then shall open the ballot box and canvass
18the votes polled to determine that the number of ballots
19therein agree with the number of voters voting as shown by the
20applications for ballot or if the same do not agree the judges
21of election shall make such ballots agree with the
22applications for ballot in the manner provided by Section
2317-18 of this Code. The judges of election shall then examine
24all ballot cards and ballot card envelopes which are in the
25ballot box to determine whether the ballot cards and ballot
26card envelopes bear the initials of a precinct judge of

 

 

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1election. If any ballot card or ballot card envelope is not
2initialed, it shall be marked on the back "Defective,"
3initialed as to such label by all judges immediately under
4such word "Defective," and not counted, but placed in the
5envelope provided for that purpose labeled "Defective Ballots
6Envelope."
7    When an electronic voting system is used which utilizes a
8ballot card, before separating the ballot cards from their
9respective covering envelopes, the judges of election shall
10examine the ballot card envelopes for write-in votes. When the
11voter has voted a write-in vote, the judges of election shall
12compare the write-in vote with the votes on the ballot card to
13determine whether such write-in results in an overvote for any
14office. In case of an overvote for any office, the judges of
15election, consisting in each case of at least one judge of
16election of each of the two major political parties, shall
17make a true duplicate ballot of all votes on such ballot card
18except for the office which is overvoted, by using the ballot
19label booklet of the precinct and one of the marking devices of
20the precinct so as to transfer all votes of the voter except
21for the office overvoted, to an official ballot card of that
22kind used in the precinct at that election. The original
23ballot card and envelope upon which there is an overvote shall
24be clearly labeled "Overvoted Ballot", and each shall bear the
25same serial number which shall be placed thereon by the judges
26of election, commencing with number 1 and continuing

 

 

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1consecutively for the ballots of that kind in that precinct.
2The judges of election shall initial the "Duplicate Overvoted
3Ballot" ballot cards and shall place them in the box for return
4of the ballots. The "Overvoted Ballot" ballots and their
5envelopes shall be placed in the "Duplicate Ballots" envelope.
6Envelopes bearing write-in votes marked in the place
7designated therefor and bearing the initials of a precinct
8judge of election and not resulting in an overvote and
9otherwise complying with the election laws as to marking shall
10be counted, tallied, and their votes recorded on a tally sheet
11provided by the election official in charge of the election.
12The ballot cards and ballot card envelopes shall be separated
13and all except any defective or overvoted shall be placed
14separately in the box for return of the ballots. The judges of
15election shall examine the ballots and ballot cards to
16determine if any is damaged, or defective, or so that it cannot
17otherwise be counted by the automatic tabulating equipment. If
18any ballot or ballot card is damaged, or defective, or so that
19it cannot otherwise properly be counted by the automatic
20tabulating equipment, the judges of election, consisting in
21each case of at least one judge of election of each of the two
22major political parties, shall make a true duplicate ballot of
23all votes on such ballot card by using the ballot label booklet
24of the precinct and one of the marking devices of the precinct.
25The original ballot or ballot card and envelope shall be
26clearly labeled "Damaged Ballot" and the ballot or ballot card

 

 

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

 

 

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1signed by the judges may not be removed without breaking the
2filament tape and disturbing the signature of the judges.
3Thereupon, 2 of the judges of election, of different major
4political parties, forthwith shall by the most direct route
5transport the box for return of the ballots and enclosed
6ballots and returns to the central counting location
7designated by the election official in charge of the election.
8If, however, because of the lack of adequate parking
9facilities at the central counting location or for any other
10reason, it is impossible or impracticable for the boxes from
11all the polling places to be delivered directly to the central
12counting location, the election official in charge of the
13election may designate some other location to which the boxes
14shall be delivered by the 2 precinct judges. While at such
15other location the boxes shall be in the care and custody of
16one or more teams, each consisting of 4 persons, 2 from each of
17the two major political parties, designated for such purpose
18by the election official in charge of elections from
19recommendations by the appropriate political party
20organizations. As soon as possible, the boxes shall be
21transported from such other location to the central counting
22location by one or more teams, each consisting of 4 persons, 2
23from each of the 2 major political parties, designated for
24such purpose by the election official in charge of elections
25from recommendations by the appropriate political party
26organizations.

 

 

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1    The "Defective Ballots" envelope, and "Duplicated Ballots"
2envelope each shall be securely sealed and the flap or end
3thereof of each signed by the precinct judges of election and
4returned to the central counting location with the box for
5return of the ballots, enclosed ballots and returns.
6    At the central counting location, a team of tally judges
7designated by the election official in charge of the election
8shall check the box returned containing the ballots to
9determine that all seals are intact, and thereupon shall open
10the box, check the voters' slip and compare the number of
11ballots so delivered against the total number of voters of the
12precinct who voted, remove the ballots or ballot cards and
13deliver them to the technicians operating the automatic
14tabulating equipment. Any discrepancies between the number of
15ballots and total number of voters shall be noted on a sheet
16furnished for that purpose and signed by the tally judges; or
17    (c) A single ballot box, for the deposit of all votes cast,
18shall be used. Immediately after the closing of the polls, the
19precinct judges of election shall securely lock the ballot
20box; provided that if such box is not of a type which may be
21securely locked, such box shall be sealed with filament tape
22provided for such purpose which shall be wrapped around the
23box lengthwise and crosswise, at least twice each way. A
24separate adhesive seal label signed by each of the judges of
25election of the precinct shall be affixed to the box so as to
26cover any slot therein and to identify the box of the precinct;

 

 

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

 

 

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1from each of the 2 major political parties, designated for
2such purpose by the election official in charge of the
3election from recommendations by the appropriate political
4party organizations.
5    At the central counting location there shall be one or
6more teams of tally judges who possess the same qualifications
7as tally judges in election jurisdictions using paper ballots.
8The number of such teams shall be determined by the election
9authority. Each team shall consist of 5 tally judges, 3
10selected and approved by the county board from a certified
11list furnished by the chair of the county central committee of
12the party with the majority of members on the county board and
132 selected and approved by the county board from a certified
14list furnished by the chair of the county central committee of
15the party with the second largest number of members on the
16county board. At the central counting location a team of tally
17judges shall open the ballot box and canvass the votes polled
18to determine that the number of ballot sheets therein agree
19with the number of voters voting as shown by the applications
20for ballot; and, if the same do not agree, the tally judges
21shall make such ballots agree with the number of applications
22for ballot in the manner provided by Section 17-18 of this
23Code. The tally judges shall then examine all ballot sheets
24which are in the ballot box to determine whether they bear the
25initials of the precinct judge of election. If any ballot is
26not initialed, it shall be marked on the back "Defective",

 

 

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1initialed as to such label by all tally judges immediately
2under such word "Defective", and not counted, but placed in
3the envelope provided for that purpose labeled "Defective
4Ballots Envelope". An overvote for one office shall invalidate
5only the vote or count of that particular office.
6    At the central counting location, a team of tally judges
7designated by the election official in charge of the election
8shall deliver the ballot sheets to the technicians operating
9the automatic tabulating equipment. Any discrepancies between
10the number of ballots and total number of voters shall be noted
11on a sheet furnished for that purpose and signed by the tally
12judges.
13    (2) Regardless of which procedure described in subsection
14(1) of this Section is used, the judges of election designated
15to transport the ballots, properly signed and sealed as
16provided herein, shall ensure that the ballots are delivered
17to the central counting station no later than 12 hours after
18the polls close. At the central counting station a team of
19tally judges designated by the election official in charge of
20the election shall examine the ballots so transported and
21shall not accept ballots for tabulating which are not signed
22and sealed as provided in subsection (1) of this Section until
23the judges transporting the same make and sign the necessary
24corrections. Upon acceptance of the ballots by a team of tally
25judges at the central counting station, the election judges
26transporting the same shall take a receipt signed by the

 

 

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1election official in charge of the election and stamped with
2the date and time of acceptance. The election judges whose
3duty it is to transport any ballots shall, in the event such
4ballots cannot be found when needed, on proper request,
5produce the receipt which they are to take as above provided.
6(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
7    (10 ILCS 5/24A-10.1)  (from Ch. 46, par. 24A-10.1)
8    Sec. 24A-10.1. In an election jurisdiction where
9in-precinct counting equipment is utilized, the following
10procedures for counting and tallying the ballots shall apply:
11    Immediately after the closing of the polls, the precinct
12judges of election shall open the ballot box and count the
13number of ballots therein to determine if such number agrees
14with the number of voters voting as shown by the applications
15for ballot or, if the same do not agree, the judges of election
16shall make such ballots agree with the applications for ballot
17in the manner provided by Section 17-18 of this Act. The judges
18of election shall then examine all ballot cards and ballot
19card envelopes which are in the ballot box to determine
20whether the ballot cards and ballot card envelopes contain the
21initials of a precinct judge of election. If any ballot card or
22ballot card envelope is not initialed, it shall be marked on
23the back "Defective", initialed as to such label by all judges
24immediately under the word "Defective" and not counted. The
25judges of election shall place an initialed blank official

 

 

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1ballot card in the place of the defective ballot card, so that
2the count of the ballot cards to be counted on the automatic
3tabulating equipment will be the same, and each "Defective
4Ballot" card and "Replacement" card shall contain the same
5serial number which shall be placed thereon by the judges of
6election, commencing with number 1 and continuing
7consecutively for the ballots of that kind in that precinct.
8The original "Defective" card shall be placed in the
9"Defective Ballot Envelope" provided for that purpose.
10    When an electronic voting system is used which utilizes a
11ballot card, before separating the remaining ballot cards from
12their respective covering envelopes, the judges of election
13shall examine the ballot card envelopes for write-in votes.
14When the voter has cast a write-in vote, the judges of election
15shall compare the write-in vote with the votes on the ballot
16card to determine whether such write-in results in an overvote
17for any office. In case of an overvote for any office, the
18judges of election, consisting in each case of at least one
19judge of election of each of the 2 major political parties,
20shall make a true duplicate ballot of all votes on such ballot
21card except for the office which is overvoted, by using the
22ballot label booklet of the precinct and one of the marking
23devices of the precinct so as to transfer all votes of the
24voter, except for the office overvoted, to a duplicate card.
25The original ballot card and envelope upon which there is an
26overvote shall be clearly labeled "Overvoted Ballot", and each

 

 

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1such "Overvoted Ballot" as well as its "Replacement" shall
2contain the same serial number which shall be placed thereon
3by the judges of election, commencing with number 1 and
4continuing consecutively for the ballots of that kind in that
5precinct. The "Overvoted Ballot" card and ballot envelope
6shall be placed in an envelope provided for that purpose
7labeled "Duplicate Ballot" envelope, and the judges of
8election shall initial the "Replacement" ballot cards and
9shall place them with the other ballot cards to be counted on
10the automatic tabulating equipment. Envelopes containing
11write-in votes marked in the place designated therefor and
12containing the initials of a precinct judge of election and
13not resulting in an overvote and otherwise complying with the
14election laws as to marking shall be counted and tallied and
15their votes recorded on a tally sheet provided by the election
16authority.
17    The ballot cards and ballot card envelopes shall be
18separated in preparation for counting by the automatic
19tabulating equipment provided for that purpose by the election
20authority.
21    Before the ballots are entered into the automatic
22tabulating equipment, a precinct identification card provided
23by the election authority shall be entered into the device to
24ensure that the totals are all zeroes in the count column on
25the printing unit. A precinct judge of election shall then
26count the ballots by entering each ballot card into the

 

 

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1automatic tabulating equipment, and if any ballot or ballot
2card is damaged, or defective, or so that it cannot otherwise
3properly be counted by the automatic tabulating equipment, the
4judges of election, consisting in each case of at least one
5judge of election of each of the 2 major political parties,
6shall make a true duplicate ballot of all votes on such ballot
7card by using the ballot label booklet of the precinct and one
8of the marking devices of the precinct. The original ballot or
9ballot card and envelope shall be clearly labeled "Damaged
10Ballot" and the ballot or ballot card so produced shall be
11clearly labeled "Duplicate Damaged Ballot", and each shall
12contain the same serial number which shall be placed thereon
13by the judges of election, commencing with number 1 and
14continuing consecutively for the ballots of that kind in the
15precinct. The judges of election shall initial the "Duplicate
16Damaged Ballot" ballot or ballot cards and shall enter the
17duplicate damaged cards into the automatic tabulating
18equipment. The "Damaged Ballot" cards shall be placed in the
19"Duplicated Ballots" envelope; after all ballot cards have
20been successfully read, the judges of election shall check to
21make certain that the last number printed by the printing unit
22is the same as the number of voters making application for
23ballot in that precinct. The number shall be listed on the
24"Statement of Ballots" form provided by the election
25authority.
26    The totals for all candidates and propositions shall be

 

 

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1tabulated. One copy of an "In-Precinct Totals Report" shall be
2generated by the automatic tabulating equipment for return to
3the election authority. One copy of an "In-Precinct Totals
4Report" shall be generated and posted in a conspicuous place
5inside the polling place, provided that any authorized
6pollwatcher or other official authorized to be present in the
7polling place to observe the counting of ballots is present.
8    The judges of election shall provide, if requested, a set
9for each authorized pollwatcher or other official authorized
10to be present in the polling place to observe the counting of
11ballots. In addition, sufficient time shall be provided by the
12judges of election to the pollwatchers to allow them to copy
13information from the copy which has been posted.
14    The judges of election shall count all unused ballot cards
15and enter the number on the "Statement of Ballots". All
16"Spoiled", "Defective" and "Duplicated" ballot cards shall be
17counted and the number entered on the "Statement of Ballots".
18    The precinct judges of election shall select a bi-partisan
19team of 2 judges, who shall immediately return the ballots in a
20sealed container, along with all other election materials as
21instructed by the election authority; provided, however, that
22such container must first be sealed by the election judges
23with filament tape provided for such purpose which shall be
24wrapped around the container lengthwise and crosswise, at
25least twice each way, in such manner that the ballots cannot be
26removed from such container without breaking the seal and

 

 

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1filament tape and disturbing any signatures affixed by the
2election judges to the container. The election authority shall
3keep the office of the election authority, or any receiving
4stations designated by such authority, open for at least 12
5consecutive hours after the polls close or until the ballots
6from all precincts with in-precinct counting equipment within
7the jurisdiction of the election authority have been returned
8to the election authority. Ballots returned to the office of
9the election authority which are not signed and sealed as
10required by law shall not be accepted by the election
11authority until the judges returning the same make and sign
12the necessary corrections. Upon acceptance of the ballots by
13the election authority, the judges returning the same shall
14take a receipt signed by the election authority and stamped
15with the time and date of such return. The election judges
16whose duty it is to return any ballots as herein provided
17shall, in the event such ballots cannot be found when needed,
18on proper request, produce the receipt which they are to take
19as above provided.
20(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
2195-699, eff. 11-9-07.)
 
22    (10 ILCS 5/24A-14)  (from Ch. 46, par. 24A-14)
23    Sec. 24A-14. Damaged, defective, or unreadable ballots;
24duplicates. If any ballot is damaged, or defective, or so that
25it cannot otherwise properly be counted by the automatic

 

 

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1tabulating equipment, a true duplicate copy shall be made of
2the damaged ballot in the presence of witnesses and
3substituted for the damaged ballot. Likewise, a duplicate
4ballot shall be made of a defective ballot which shall not
5include the invalid votes appearing on the original ballot.
6All duplicate ballots shall be clearly labeled "duplicate",
7shall bear a serial number which shall be registered on the
8damaged, or defective, or otherwise unreadable ballot, and
9shall be counted in lieu of the damaged, or defective, or
10otherwise unreadable ballot.
11(Source: Laws 1965, p. 2220.)
 
12    (10 ILCS 5/24B-10)
13    Sec. 24B-10. Receiving, counting, tallying and return of
14ballots; acceptance of ballots by election authority.
15    (a) In an election jurisdiction which has adopted an
16electronic Precinct Tabulation Optical Scan Technology voting
17system, the election official in charge of the election shall
18select one of the 3 following procedures for receiving,
19counting, tallying, and return of the ballots:
20        (1) Two ballot boxes shall be provided for each
21    polling place. The first ballot box is for the depositing
22    of votes cast on the electronic voting system; and the
23    second ballot box is for all votes cast on other ballots,
24    including any paper ballots required to be voted other
25    than on the Precinct Tabulation Optical Scan Technology

 

 

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1    electronic voting system. Ballots deposited in the second
2    ballot box shall be counted, tallied, and returned as is
3    elsewhere provided in this Code for the counting and
4    handling of paper ballots. Immediately after the closing
5    of the polls, the judges of election shall make out a slip
6    indicating the number of persons who voted in the precinct
7    at the election. The slip shall be signed by all the judges
8    of election and shall be inserted by them in the first
9    ballot box. The judges of election shall thereupon
10    immediately lock each ballot box; provided, that if the
11    box is not of a type which may be securely locked, the box
12    shall be sealed with filament tape provided for the
13    purpose that shall be wrapped around the box lengthwise
14    and crosswise, at least twice each way, and in a manner
15    that the seal completely covers the slot in the ballot
16    box, and each of the judges shall sign the seal. Two of the
17    judges of election, of different political parties, shall
18    by the most direct route transport both ballot boxes to
19    the counting location designated by the county clerk or
20    board of election commissioners.
21        Before the ballots of a precinct are fed to the
22    electronic Precinct Tabulation Optical Scan Technology
23    tabulating equipment, the first ballot box shall be opened
24    at the central counting station by the 2 precinct
25    transport judges. Upon opening a ballot box, the team
26    shall first count the number of ballots in the box. If 2 or

 

 

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1    more are folded together to appear to have been cast by the
2    same person, all of the ballots folded together shall be
3    marked and returned with the other ballots in the same
4    condition, as near as may be, in which they were found when
5    first opened, but shall not be counted. If the remaining
6    ballots are found to exceed the number of persons voting
7    in the precinct as shown by the slip signed by the judges
8    of election, the ballots shall be replaced in the box, and
9    the box closed and well shaken and again opened and one of
10    the precinct transport judges shall publicly draw out so
11    many ballots unopened as are equal to the excess.
12        The excess ballots shall be marked "Excess-Not
13    Counted" and signed by the 2 precinct transport judges and
14    shall be placed in the "After 7:00 p.m. Defective Ballots
15    Envelope". The number of excess ballots shall be noted in
16    the remarks section of the Certificate of Results.
17    "Excess" ballots shall not be counted in the total of
18    "defective" ballots.
19        The precinct transport judges shall then examine the
20    remaining ballots for write-in votes and shall count and
21    tabulate the write-in vote.
22        (2) A single ballot box, for the deposit of all votes
23    cast, shall be used. All ballots which are not to be
24    tabulated on the electronic voting system shall be
25    counted, tallied, and returned as elsewhere provided in
26    this Code for the counting and handling of paper ballots.

 

 

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1        All ballots to be processed and tabulated with the
2    electronic Precinct Tabulation Optical Scan Technology
3    voting system shall be processed as follows:
4        Immediately after the closing of the polls, the
5    precinct judges of election shall open the ballot box and
6    canvass the votes polled to determine that the number of
7    ballots agree with the number of voters voting as shown by
8    the applications for ballot, or if the same do not agree
9    the judges of election shall make such ballots agree with
10    the applications for ballot in the manner provided by
11    Section 17-18 of this Code.
12        In case of an overvote for any office, the judges of
13    election, consisting in each case of at least one judge of
14    election of each of the 2 major political parties, shall
15    make a true duplicate ballot of all votes on the ballot
16    except for the office which is overvoted, by using the
17    ballot of the precinct and one of the marking devices, or
18    equivalent ballot, of the precinct to transfer all votes
19    of the voter except for the office overvoted, to an
20    official ballot of that kind used in the precinct at that
21    election. The original ballot upon which there is an
22    overvote shall be clearly labeled "Overvoted Ballot", and
23    each shall bear the same serial number which shall be
24    placed thereon by the judges of election, beginning with
25    number 1 and continuing consecutively for the ballots of
26    that kind in that precinct. The judges of election shall

 

 

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

 

 

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1    envelope. A slip indicating the number of voters voting in
2    person and the total number of voters of the precinct who
3    voted at the election shall be made out, signed by all
4    judges of election, and inserted in the box for return of
5    the ballots. The tally sheets recording the write-in votes
6    shall be placed in this box. The judges of election
7    immediately shall securely lock the ballot box or other
8    suitable box furnished for return of the ballots by the
9    election official in charge of the election; provided that
10    if the box is not of a type which may be securely locked,
11    the box shall be sealed with filament tape provided for
12    the purpose which shall be wrapped around the box
13    lengthwise and crosswise, at least twice each way. A
14    separate adhesive seal label signed by each of the judges
15    of election of the precinct shall be affixed to the box to
16    cover any slot therein and to identify the box of the
17    precinct; and if the box is sealed with filament tape as
18    provided rather than locked, such tape shall be wrapped
19    around the box as provided, but in such manner that the
20    separate adhesive seal label affixed to the box and signed
21    by the judges may not be removed without breaking the
22    filament tape and disturbing the signature of the judges.
23    Two of the judges of election, of different major
24    political parties, shall by the most direct route
25    transport the box for return of the ballots and enclosed
26    ballots and returns to the central counting location

 

 

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1    designated by the election official in charge of the
2    election. If, however, because of the lack of adequate
3    parking facilities at the central counting location or for
4    any other reason, it is impossible or impracticable for
5    the boxes from all the polling places to be delivered
6    directly to the central counting location, the election
7    official in charge of the election may designate some
8    other location to which the boxes shall be delivered by
9    the 2 precinct judges. While at the other location the
10    boxes shall be in the care and custody of one or more
11    teams, each consisting of 4 persons, 2 from each of the 2
12    major political parties, designated for such purpose by
13    the election official in charge of elections from
14    recommendations by the appropriate political party
15    organizations. As soon as possible, the boxes shall be
16    transported from the other location to the central
17    counting location by one or more teams, each consisting of
18    4 persons, 2 from each of the 2 major political parties,
19    designated for the purpose by the election official in
20    charge of elections from recommendations by the
21    appropriate political party organizations.
22        The "Defective Ballots" envelope, and "Duplicated
23    Ballots" envelope each shall be securely sealed and the
24    flap or end of each envelope signed by the precinct judges
25    of election and returned to the central counting location
26    with the box for return of the ballots, enclosed ballots

 

 

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1    and returns.
2        At the central counting location, a team of tally
3    judges designated by the election official in charge of
4    the election shall check the box returned containing the
5    ballots to determine that all seals are intact, and shall
6    open the box, check the voters' slip and compare the
7    number of ballots so delivered against the total number of
8    voters of the precinct who voted, remove the ballots and
9    deliver them to the technicians operating the automatic
10    tabulating equipment. Any discrepancies between the number
11    of ballots and total number of voters shall be noted on a
12    sheet furnished for that purpose and signed by the tally
13    judges.
14        (3) A single ballot box, for the deposit of all votes
15    cast, shall be used. Immediately after the closing of the
16    polls, the precinct judges of election shall securely lock
17    the ballot box; provided that if such box is not of a type
18    which may be securely locked, the box shall be sealed with
19    filament tape provided for the purpose which shall be
20    wrapped around the box lengthwise and crosswise, at least
21    twice each way. A separate adhesive seal label signed by
22    each of the judges of election of the precinct shall be
23    affixed to the box to cover any slot therein and to
24    identify the box of the precinct; and if the box is sealed
25    with filament tape as provided rather than locked, such
26    tape shall be wrapped around the box as provided, but in a

 

 

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1    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
4    the judges. Two of the judges of election, of different
5    major political parties, shall by the most direct route
6    transport the box for return of the ballots and enclosed
7    vote by mail and early ballots and returns to the central
8    counting location designated by the election official in
9    charge of the election. If however, because of the lack of
10    adequate parking facilities at the central counting
11    location or for some other reason, it is impossible or
12    impracticable for the boxes from all the polling places to
13    be delivered directly to the central counting location,
14    the election official in charge of the election may
15    designate some other location to which the boxes shall be
16    delivered by the 2 precinct judges. While at the other
17    location the boxes shall be in the care and custody of one
18    or more teams, each consisting of 4 persons, 2 from each of
19    the 2 major political parties, designated for the purpose
20    by the election official in charge of elections from
21    recommendations by the appropriate political party
22    organizations. As soon as possible, the boxes shall be
23    transported from the other location to the central
24    counting location by one or more teams, each consisting of
25    4 persons, 2 from each of the 2 major political parties,
26    designated for the purpose by the election official in

 

 

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1    charge of the election from recommendations by the
2    appropriate political party organizations.
3        At the central counting location there shall be one or
4    more teams of tally judges who possess the same
5    qualifications as tally judges in election jurisdictions
6    using paper ballots. The number of the teams shall be
7    determined by the election authority. Each team shall
8    consist of 5 tally judges, 3 selected and approved by the
9    county board from a certified list furnished by the chair
10    of the county central committee of the party with the
11    majority of members on the county board and 2 selected and
12    approved by the county board from a certified list
13    furnished by the chair of the county central committee of
14    the party with the second largest number of members on the
15    county board. At the central counting location a team of
16    tally judges shall open the ballot box and canvass the
17    votes polled to determine that the number of ballot sheets
18    therein agree with the number of voters voting as shown by
19    the applications for ballot and, if the same do not agree,
20    the tally judges shall make such ballots agree with the
21    number of applications for ballot in the manner provided
22    by Section 17-18 of this Code. The tally judges shall then
23    examine all ballot sheets that are in the ballot box to
24    determine whether they bear the initials of the precinct
25    judge of election. If any ballot is not initialed, it
26    shall be marked on the back "Defective", initialed as to

 

 

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

 

 

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1ballots shall take a receipt signed by the election official
2in charge of the election and stamped with the date and time of
3acceptance. The election judges whose duty it is to transport
4any ballots shall, in the event the ballots cannot be found
5when needed, on proper request, produce the receipt which they
6are to take as above provided.
7(Source: P.A. 100-1027, eff. 1-1-19.)
 
8    (10 ILCS 5/24B-10.1)
9    Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures
10for Counting and Tallying Ballots. In an election jurisdiction
11where Precinct Tabulation Optical Scan Technology counting
12equipment is used, the following procedures for counting and
13tallying the ballots shall apply:
14    Before the opening of the polls, and before the ballots
15are entered into the automatic tabulating equipment, the
16judges of election shall be sure that the totals are all zeros
17in the counting column. Ballots may then be counted by
18entering or scanning each ballot into the automatic tabulating
19equipment. Throughout the election day and before the closing
20of the polls, no person may check any vote totals for any
21candidate or proposition on the automatic tabulating
22equipment. Such automatic tabulating equipment shall be
23programmed so that no person may reset the equipment for
24refeeding of ballots unless provided a code from an authorized
25representative of the election authority. At the option of the

 

 

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1election authority, the ballots may be fed into the Precinct
2Tabulation Optical Scan Technology equipment by the voters
3under the direct supervision of the judges of elections.
4    Immediately after the closing of the polls, the precinct
5judges of election shall open the ballot box and count the
6number of ballots to determine if the number agrees with the
7number of voters voting as shown on the Precinct Tabulation
8Optical Scan Technology equipment and by the applications for
9ballot or, if the same do not agree, the judges of election
10shall make the ballots agree with the applications for ballot
11in the manner provided by Section 17-18 of this Code. The
12judges of election shall then examine all ballots which are in
13the ballot box to determine whether the ballots contain the
14initials of a precinct judge of election. If any ballot is not
15initialed, it shall be marked on the back "Defective",
16initialed as to such label by all judges immediately under the
17word "Defective" and not counted. The judges of election shall
18place an initialed blank official ballot in the place of the
19defective ballot, so that the count of the ballots to be
20counted on the automatic tabulating equipment will be the
21same, and each "Defective Ballot" and "Replacement" ballot
22shall contain the same serial number which shall be placed
23thereon by the judges of election, beginning with number 1 and
24continuing consecutively for the ballots of that kind in that
25precinct. The original "Defective" ballot shall be placed in
26the "Defective Ballot Envelope" provided for that purpose.

 

 

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1    If the judges of election have removed a ballot pursuant
2to Section 17-18, have labeled "Defective" a ballot which is
3not initialed, or have otherwise determined under this Code to
4not count a ballot originally deposited into a ballot box, the
5judges of election shall be sure that the totals on the
6automatic tabulating equipment are reset to all zeros in the
7counting column. Thereafter the judges of election shall enter
8or otherwise scan each ballot to be counted in the automatic
9tabulating equipment. Resetting the automatic tabulating
10equipment to all zeros and re-entering of ballots to be
11counted may occur at the precinct polling place, the office of
12the election authority, or any receiving station designated by
13the election authority. The election authority shall designate
14the place for resetting and re-entering or re-scanning.
15    When a Precinct Tabulation Optical Scan Technology
16electronic voting system is used which uses a paper ballot,
17the judges of election shall examine the ballot for write-in
18votes. When the voter has cast a write-in vote, the judges of
19election shall compare the write-in vote with the votes on the
20ballot to determine whether the write-in results in an
21overvote for any office, unless the Precinct Tabulation
22Optical Scan Technology equipment has already done so. In case
23of an overvote for any office, the judges of election,
24consisting in each case of at least one judge of election of
25each of the 2 major political parties, shall make a true
26duplicate ballot of all votes on such ballot except for the

 

 

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

 

 

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1"Duplicate Damaged Ballot", and each shall contain the same
2serial number which shall be placed by the judges of election,
3beginning with number 1 and continuing consecutively for the
4ballots of that kind in the precinct. The judges of election
5shall initial the "Duplicate Damaged Ballot" ballot and shall
6enter or otherwise scan the duplicate damaged ballot into the
7automatic tabulating equipment. The "Damaged Ballots" shall be
8placed in the "Duplicated Ballots" envelope; after all ballots
9have been successfully read, the judges of election shall
10check to make certain that the Precinct Tabulation Optical
11Scan Technology equipment readout agrees with the number of
12voters making application for ballot in that precinct. The
13number shall be listed on the "Statement of Ballots" form
14provided by the election authority.
15    The totals for all candidates and propositions shall be
16tabulated. One copy of an "In-Precinct Totals Report" shall be
17generated by the automatic tabulating equipment for return to
18the election authority. One copy of an "In-Precinct Totals
19Report" shall be generated and posted in a conspicuous place
20inside the polling place, provided that any authorized
21pollwatcher or other official authorized to be present in the
22polling place to observe the counting of ballots is present.
23The judges of election shall provide, if requested, a copy for
24each authorized pollwatcher or other official authorized to be
25present in the polling place to observe the counting of
26ballots. In addition, sufficient time shall be provided by the

 

 

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1judges of election to the pollwatchers to allow them to copy
2information from the copy which has been posted.
3    The judges of election shall count all unused ballots and
4enter the number on the "Statement of Ballots". All "Spoiled",
5"Defective" and "Duplicated" ballots shall be counted and the
6number entered on the "Statement of Ballots".
7    The precinct judges of election shall select a bi-partisan
8team of 2 judges, who shall immediately return the ballots in a
9sealed container, along with all other election materials as
10instructed by the election authority; provided, however, that
11such container must first be sealed by the election judges
12with filament tape or other approved sealing devices provided
13for the purpose which shall be wrapped around the container
14lengthwise and crosswise, at least twice each way, in a manner
15that the ballots cannot be removed from the container without
16breaking the seal and filament tape and disturbing any
17signatures affixed by the election judges to the container, or
18which other approved sealing devices are affixed in a manner
19approved by the election authority. The election authority
20shall keep the office of the election authority or any
21receiving stations designated by the authority, open for at
22least 12 consecutive hours after the polls close or until the
23ballots from all precincts with in-precinct counting equipment
24within the jurisdiction of the election authority have been
25returned to the election authority. Ballots returned to the
26office of the election authority which are not signed and

 

 

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1sealed as required by law shall not be accepted by the election
2authority until the judges returning the ballots make and sign
3the necessary corrections. Upon acceptance of the ballots by
4the election authority, the judges returning the ballots shall
5take a receipt signed by the election authority and stamped
6with the time and date of the return. The election judges whose
7duty it is to return any ballots as provided shall, in the
8event the ballots cannot be found when needed, on proper
9request, produce the receipt which they are to take as above
10provided. The precinct judges of election shall also deliver
11the Precinct Tabulation Optical Scan Technology equipment to
12the election authority.
13(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
1495-699, eff. 11-9-07.)
 
15    (10 ILCS 5/24B-14)
16    Sec. 24B-14. Damaged, defective, or unreadable ballots;
17duplicates Ballots; Duplicates.
18If any ballot is damaged, or defective, or so that it cannot
19otherwise properly be counted by the automatic Precinct
20Tabulation Optical Scan Technology tabulating equipment, a
21true duplicate copy shall be made of the damaged ballot in the
22presence of witnesses and substituted for the original damaged
23ballot. Likewise, a duplicate ballot shall be made of a
24defective ballot which shall not include the invalid votes
25appearing on the original ballot. All duplicate ballots shall

 

 

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1be clearly labeled "Duplicate", shall bear a serial number
2which shall be registered on the damaged, or defective, or
3otherwise unreadable ballot, and shall be counted in lieu of
4the damaged, or defective, or otherwise unreadable ballot.
5(Source: P.A. 89-394, eff. 1-1-97.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.