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

SB0829sam001 102ND GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 2/23/2022

 

 


 

 


 
10200SB0829sam001LRB102 04627 AWJ 36805 a

1
AMENDMENT TO SENATE BILL 829

2    AMENDMENT NO. ______. Amend Senate Bill 829 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1process approved by the State Board of Elections through which
2an election authority provides for the electronic transmission
3of a vote by mail ballot to a voter with a print disability and
4through which the voter with a print disability marks and
5verifies the voter's ballot using assistive technology.
6    "Electronic transmission" means the transfer of data or
7information through an authorized electronic data interchange
8system.
9    "Voter with a print disability" means a person having a
10temporary or permanent physical or mental impairment, such as
11blindness, low vision, physical dexterity limitations, or
12learning or cognitive disabilities, that prevents the person
13from effective reading, writing, or use of printed material.
14    (b) The State Board of Elections shall provide a certified
15remote accessible vote by mail system for the General Election
16of November 8, 2022 and all subsequent elections, through
17which a vote by mail ballot can be delivered by electronic
18transmission to voters with print disabilities and through
19which voters with print disabilities are able to mark and
20verify their ballots using assistive technology.
21    (c) Election authorities shall permit voters with a print
22disability to receive and mark their vote by mail ballots (i)
23through the certified remote accessible vote by mail system
24provided by the State Board of Elections pursuant to
25subsection (b) of this Section or (ii) through a certified
26remote accessible vote by mail system provided by the election

 

 

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1authority.
2    (d) If a vote by mail ballot application from a voter with
3a print disability arrives after the jurisdiction begins
4transmitting vote by mail ballots and instructions to voters,
5the election authority shall electronically transmit the
6ballot, instructions, and balloting materials to the voter
7within two business days after receipt of the application.
8    (e) Ballots received and marked pursuant to this Section
9must be printed by the voter and returned to the election
10authority as provided in Section 19-6.
11    (f) The State Board of Elections shall adopt rules,
12including emergency rules, necessary for the implementation of
13this Section. The State Board of Elections' adopted rules
14shall include certification standards for a remote accessible
15vote by mail system and a method subject to the provisions in
16Sections 19-2 and 19-3 of this Article by which a voter with a
17print disability may request to use a certified remote
18accessible vote by mail system and apply for an accessible
19vote by mail ballot.
 
20    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
21    Sec. 19-3. Application for a vote by mail ballot.
22    (a) The application for a vote by mail ballot for a single
23election shall be substantially in the following form:
24
APPLICATION FOR VOTE BY MAIL BALLOT
25    To be voted at the .... election in the County of .... and

 

 

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1State of Illinois, in the .... precinct of the (1) *township of
2.... (2) *City of .... or (3) *.... ward in the City of ....
3    I state that I am a resident of the .... precinct of the
4(1) *township of .... (2) *City of .... or (3) *.... ward in
5the city of .... residing at .... in such city or town in the
6county of .... and State of Illinois; that I have lived at such
7address for .... month(s) last past; that I am lawfully
8entitled to vote in such precinct at the .... election to be
9held therein on ....; and that I wish to vote by vote by mail
10ballot.
11    I hereby make application for an official ballot or
12ballots to be voted by me at such election, and I agree that I
13shall return such ballot or ballots to the official issuing
14the same prior to the closing of the polls on the date of the
15election or, if returned by mail, postmarked no later than
16election day, for counting no later than during the period for
17counting provisional ballots, the last day of which is the
1814th day following election day.
19    I understand that this application is made for an official
20vote by mail ballot or ballots to be voted by me at the
21election specified in this application and that I must submit
22a separate application for an official vote by mail ballot or
23ballots to be voted by me at any subsequent election.
24    Under penalties as provided by law pursuant to Section
2529-10 of the Election Code, the undersigned certifies that the
26statements set forth in this application are true and correct.

 

 

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1
....
2
*fill in either (1), (2) or (3).
3
Post office address to which ballot is mailed:
4...............
5    (a-5) The application for a single vote by mail ballot
6transmitted electronically pursuant to Section 19-2.6 shall be
7substantively similar to the application for a vote by mail
8ballot for a single election and shall include:
9        I swear or affirm that I am a voter with a print
10    disability, and, as a result of this disability, I am
11    making a request to receive a vote by mail ballot
12    electronically so that I may privately and independently
13    mark, verify, and print my vote by mail ballot.
14    (b) The application for permanent vote by mail status
15shall be substantially in the following form:
16
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
17    I am currently a registered voter and wish to apply for
18permanent vote by mail status.
19    I state that I am a resident of the City of .... residing
20at .... in such city in the county of .... and State of
21Illinois; that I have lived at such address for .... month(s)
22last past; that I am lawfully entitled to vote in such precinct
23at the .... election to be held therein on ....; and that I
24wish to vote by vote by mail ballot in:
25    ..... all subsequent elections that do not require a party
26        designation.

 

 

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1    ..... all subsequent elections, and I wish to receive a
2        ................... Party vote by mail ballot in
3        elections that require a party designation.
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    Under penalties as provided by law under Section 29-10 of
13the Election Code, the undersigned certifies that the
14statements set forth in this application are true and correct.
15
....
16
Post office address to which ballot is mailed:
17...............
18    (b-5) The application for permanent vote by mail ballots
19transmitted electronically pursuant to Section 19-2.6 shall be
20substantively similar to the application for permanent vote by
21mail status and shall include:
22        I swear or affirm that I am a voter with a
23    non-temporary print disability, and as a result of this
24    disability, I am making a request to receive vote by mail
25    ballots electronically so that I may privately and
26    independently mark, verify, and print my vote by mail

 

 

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1    ballots.
2    (c) However, if application is made for a primary election
3ballot, such application shall require the applicant to
4designate the name of the political party with which the
5applicant is affiliated. The election authority shall allow
6any voter on permanent vote by mail status to change his or her
7party affiliation for a primary election ballot by a method
8and deadline published and selected by the election authority.
9    (d) If application is made electronically, the applicant
10shall mark the box associated with the above described
11statement included as part of the online application
12certifying that the statements set forth in the application
13under subsection (a) or (b) are true and correct, and a
14signature is not required.
15    (e) Any person may produce, reproduce, distribute, or
16return to an election authority an application under this
17Section. If applications are sent to a post office box
18controlled by any individual or organization that is not an
19election authority, those applications shall (i) include a
20valid and current phone number for the individual or
21organization controlling the post office box and (ii) be
22turned over to the appropriate election authority within 7
23days of receipt or, if received within 2 weeks of the election
24in which an applicant intends to vote, within 2 days of
25receipt. Failure to turn over the applications in compliance
26with this paragraph shall constitute a violation of this Code

 

 

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1and shall be punishable as a petty offense with a fine of $100
2per application. Removing, tampering with, or otherwise
3knowingly making the postmark on the application unreadable by
4the election authority shall establish a rebuttable
5presumption of a violation of this paragraph. Upon receipt,
6the appropriate election authority shall accept and promptly
7process any application under this Section submitted in a form
8substantially similar to that required by this Section,
9including any substantially similar production or reproduction
10generated by the applicant.
11    (f) An election authority may combine the applications in
12subsections (a) and (b) onto one form, but the distinction
13between the applications must be clear and the form must
14provide check boxes for an applicant to indicate whether he or
15she is applying for a single election vote by mail ballot or
16for permanent vote by mail status.
17(Source: P.A. 102-15, eff. 6-17-21.)
 
18    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
19    Sec. 19-4. Mailing or delivery of ballots; time.
20Immediately upon the receipt of such application either by
21mail or electronic means, not more than 90 days nor less than 5
22days prior to such election, or by personal delivery not more
23than 90 days nor less than one day prior to such election, at
24the office of such election authority, it shall be the duty of
25such election authority to examine the records to ascertain

 

 

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1whether or not such applicant is lawfully entitled to vote as
2requested, including a verification of the applicant's
3signature by comparison with the signature on the official
4registration record card, and if found so to be entitled to
5vote, to post within one business day thereafter the name,
6street address, ward and precinct number or township and
7district number, as the case may be, of such applicant given on
8a list, the pages of which are to be numbered consecutively to
9be kept by such election authority for such purpose in a
10conspicuous, open and public place accessible to the public at
11the entrance of the office of such election authority, and in
12such a manner that such list may be viewed without necessity of
13requesting permission therefor. Within one day after posting
14the name and other information of an applicant for a vote by
15mail ballot, the election authority shall transmit by
16electronic means pursuant to a process established by the
17State Board of Elections that name and other posted
18information to the State Board of Elections, which shall
19maintain those names and other information in an electronic
20format on its website, arranged by county and accessible to
21State and local political committees. Within 2 business days
22after posting a name and other information on the list within
23its office, but no sooner than 40 days before an election, the
24election authority shall mail, postage prepaid, or deliver in
25person in such office, or deliver via electronic transmission
26pursuant to Section 19-2.6, an official ballot or ballots if

 

 

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1more than one are to be voted at said election. Mail delivery
2of Temporarily Absent Student ballot applications pursuant to
3Section 19-12.3 shall be by nonforwardable mail. However, for
4the consolidated election, vote by mail ballots for certain
5precincts may be delivered to applicants not less than 25 days
6before the election if so much time is required to have
7prepared and printed the ballots containing the names of
8persons nominated for offices at the consolidated primary. The
9election authority shall enclose with each vote by mail ballot
10or application written instructions on how voting assistance
11shall be provided pursuant to Section 17-14 and a document,
12written and approved by the State Board of Elections,
13informing the vote by mail voter of the required postage for
14returning the application and ballot, and enumerating the
15circumstances under which a person is authorized to vote by
16vote by mail ballot pursuant to this Article; such document
17shall also include a statement informing the applicant that if
18he or she falsifies or is solicited by another to falsify his
19or her eligibility to cast a vote by mail ballot, such
20applicant or other is subject to penalties pursuant to Section
2129-10 and Section 29-20 of the Election Code. Each election
22authority shall maintain a list of the name, street address,
23ward and precinct, or township and district number, as the
24case may be, of all applicants who have returned vote by mail
25ballots to such authority, and the name of such vote by mail
26voter shall be added to such list within one business day from

 

 

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1receipt of such ballot. If the vote by mail ballot envelope
2indicates that the voter was assisted in casting the ballot,
3the name of the person so assisting shall be included on the
4list. The list, the pages of which are to be numbered
5consecutively, shall be kept by each election authority in a
6conspicuous, open, and public place accessible to the public
7at the entrance of the office of the election authority and in
8a manner that the list may be viewed without necessity of
9requesting permission for viewing.
10    Each election authority shall maintain a list for each
11election of the voters to whom it has issued vote by mail
12ballots. The list shall be maintained for each precinct within
13the jurisdiction of the election authority. Prior to the
14opening of the polls on election day, the election authority
15shall deliver to the judges of election in each precinct the
16list of registered voters in that precinct to whom vote by mail
17ballots have been issued by mail.
18    Each election authority shall maintain a list for each
19election of voters to whom it has issued temporarily absent
20student ballots. The list shall be maintained for each
21election jurisdiction within which such voters temporarily
22abide. Immediately after the close of the period during which
23application may be made by mail or electronic means for vote by
24mail ballots, each election authority shall mail to each other
25election authority within the State a certified list of all
26such voters temporarily abiding within the jurisdiction of the

 

 

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1other election authority.
2    In the event that the return address of an application for
3ballot by a physically incapacitated elector is that of a
4facility licensed or certified under the Nursing Home Care
5Act, the Specialized Mental Health Rehabilitation Act of 2013,
6the ID/DD Community Care Act, or the MC/DD Act, within the
7jurisdiction of the election authority, and the applicant is a
8registered voter in the precinct in which such facility is
9located, the ballots shall be prepared and transmitted to a
10responsible judge of election no later than 9 a.m. on the
11Friday, Saturday, Sunday, or Monday immediately preceding the
12election as designated by the election authority under Section
1319-12.2. Such judge shall deliver in person on the designated
14day the ballot to the applicant on the premises of the facility
15from which application was made. The election authority shall
16by mail notify the applicant in such facility that the ballot
17will be delivered by a judge of election on the designated day.
18    All applications for vote by mail ballots shall be
19available at the office of the election authority for public
20inspection upon request from the time of receipt thereof by
21the election authority until 30 days after the election,
22except during the time such applications are kept in the
23office of the election authority pursuant to Section 19-7, and
24except during the time such applications are in the possession
25of the judges of election.
26    Notwithstanding any provision of this Section to the

 

 

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1contrary, pursuant to subsection (a) of Section 30 of the
2Address Confidentiality for Victims of Domestic Violence,
3Sexual Assault, Human Trafficking, or Stalking Act, neither
4the name nor the address of a program participant under that
5Act shall be included in any list of registered voters
6available to the public, including the lists referenced in
7this Section.
8(Source: P.A. 102-292, eff. 1-1-22.)
 
9    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
10    Sec. 19-5. Folding and enclosure of ballots in unsealed
11envelope; address on envelope; certification; instructions for
12marking and returning ballots. It shall be the duty of the
13election authority to fold the ballot or ballots in the manner
14specified by the statute for folding ballots prior to their
15deposit in the ballot box, and to enclose such ballot or
16ballots in an envelope unsealed to be furnished by him, which
17envelope shall bear upon the face thereof the name, official
18title and post office address of the election authority, and
19upon the other side a printed certification in substantially
20the following form:
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 .... months last past; and that I am lawfully

 

 

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

 

 

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1
(Individual rendering assistance)
2
.................................
3
(Residence Address)
4    Under penalties of perjury as provided by law pursuant to
5Section 29-10 of The Election Code, the undersigned certifies
6that the statements set forth in this certification are true
7and correct.
8
.......................
9    In the case of a voter with a physical incapacity, marking
10a ballot in secret includes marking a ballot with the
11assistance of another individual, other than a candidate whose
12name appears on the ballot (unless the voter is the spouse or a
13parent, child, brother, or sister of the candidate), the
14voter's employer, an agent of that employer, or an officer or
15agent of the voter's union, when the voter's physical
16incapacity necessitates such assistance.
17    In the case of a physically incapacitated voter, marking a
18ballot in secret includes marking a ballot with the assistance
19of another individual, other than a candidate whose name
20appears on the ballot (unless the voter is the spouse or a
21parent, child, brother, or sister of the candidate), the
22voter's employer, an agent of that employer, or an officer or
23agent of the voter's union, when the voter's physical
24incapacity necessitates such assistance.
25    Provided, that if the ballot enclosed is to be voted at a
26primary election, the certification shall designate the name

 

 

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1of the political party with which the voter is affiliated.
2    In addition to the above, the election authority shall
3provide printed slips, or an electronic version thereof for
4voters voting by mail pursuant to Section 19-2.6, giving full
5instructions regarding the manner of marking and returning the
6ballot in order that the same may be counted, and shall furnish
7one of such printed slips or the electronic version thereof
8for voters voting by mail pursuant to Section 19-2.6 to each of
9such applicants at the same time the ballot is delivered to
10him. Such instructions shall include the following statement:
11"In signing the certification on the vote by mail ballot
12envelope, you are attesting that you personally marked this
13vote by mail ballot in secret. If you are physically unable to
14mark the ballot, a friend or relative may assist you after
15completing the enclosed affidavit. Federal and State laws
16prohibit a candidate whose name appears on the ballot (unless
17you are the spouse or a parent, child, brother, or sister of
18the candidate), your employer, your employer's agent or an
19officer or agent of your union from assisting voters with
20physical disabilities."
21    In addition to the above, if a ballot to be provided to an
22elector pursuant to this Section contains a public question
23described in subsection (b) of Section 28-6 and the territory
24concerning which the question is to be submitted is not
25described on the ballot due to the space limitations of such
26ballot, the election authority shall provide a printed copy of

 

 

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1a notice of the public question, which shall include a
2description of the territory in the manner required by Section
316-7. The notice shall be furnished to the elector at the same
4time the ballot is delivered to the elector.
5    Election authorities transmitting ballots by electronic
6transmission pursuant to Section 19-2.6 shall, to the greatest
7extent possible, provide those applicants with the same
8instructions, certifications, and other balloting materials
9required when sending ballots by mail.
10(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
 
11    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
12    Sec. 24A-10. (1) In an election jurisdiction which has
13adopted an electronic voting system, the election official in
14charge of the election shall select one of the 3 following
15procedures for receiving, counting, tallying, and return of
16the ballots:
17    (a) Two ballot boxes shall be provided for each polling
18place. The first ballot box is for the depositing of votes cast
19on the electronic voting system; and the second ballot box is
20for all votes cast on paper ballots, including any paper
21ballots required to be voted other than on the electronic
22voting system. Ballots deposited in the second ballot box
23shall be counted, tallied, and returned as is elsewhere
24provided in this Code for the counting and handling of paper
25ballots. Immediately after the closing of the polls, the

 

 

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1judges of election shall make out a slip indicating the number
2of persons who voted in the precinct at the election. Such slip
3shall be signed by all the judges of election and shall be
4inserted by them in the first ballot box. The judges of
5election shall thereupon immediately lock each ballot box;
6provided, that if such box is not of a type which may be
7securely locked, such box shall be sealed with filament tape
8provided for such purpose which shall be wrapped around the
9box lengthwise and crosswise, at least twice each way, and in
10such manner that the seal completely covers the slot in the
11ballot box, and each of the judges shall sign such seal.
12Thereupon two of the judges of election, of different
13political parties, shall forthwith and by the most direct
14route transport both ballot boxes to the counting location
15designated by the county clerk or board of election
16commissioners.
17    Before the ballots of a precinct are fed to the electronic
18tabulating equipment, the first ballot box shall be opened at
19the central counting station by the two precinct transport
20judges. Upon opening a ballot box, such team shall first count
21the number of ballots in the box. If 2 or more are folded
22together so as to appear to have been cast by the same person,
23all of the ballots so folded together shall be marked and
24returned with the other ballots in the same condition, as near
25as may be, in which they were found when first opened, but
26shall not be counted. If the remaining ballots are found to

 

 

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1exceed the number of persons voting in the precinct as shown by
2the slip signed by the judges of election, the ballots shall be
3replaced in the box, and the box closed and well shaken and
4again opened and one of the precinct transport judges shall
5publicly draw out so many ballots unopened as are equal to such
6excess.
7    Such excess ballots shall be marked "Excess-Not Counted"
8and signed by the two precinct transport judges and shall be
9placed in the "After 7:00 p.m. Defective Ballots Envelope".
10The number of excess ballots shall be noted in the remarks
11section of the Certificate of Results. "Excess" ballots shall
12not be counted in the total of "defective" ballots.
13    The precinct transport judges shall then examine the
14remaining ballots for write-in votes and shall count and
15tabulate the write-in vote; or
16    (b) A single ballot box, for the deposit of all votes cast,
17shall be used. All ballots which are not to be tabulated on the
18electronic voting system shall be counted, tallied, and
19returned as elsewhere provided in this Code for the counting
20and handling of paper ballots.
21    All ballots to be processed and tabulated with the
22electronic voting system shall be processed as follows:
23    Immediately after the closing of the polls, the precinct
24judges of election then shall open the ballot box and canvass
25the votes polled to determine that the number of ballots
26therein agree with the number of voters voting as shown by the

 

 

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1applications for ballot or if the same do not agree the judges
2of election shall make such ballots agree with the
3applications for ballot in the manner provided by Section
417-18 of this Code. The judges of election shall then examine
5all ballot cards and ballot card envelopes which are in the
6ballot box to determine whether the ballot cards and ballot
7card envelopes bear the initials of a precinct judge of
8election. If any ballot card or ballot card envelope is not
9initialed, it shall be marked on the back "Defective,"
10initialed as to such label by all judges immediately under
11such word "Defective," and not counted, but placed in the
12envelope provided for that purpose labeled "Defective Ballots
13Envelope."
14    When an electronic voting system is used which utilizes a
15ballot card, before separating the ballot cards from their
16respective covering envelopes, the judges of election shall
17examine the ballot card envelopes for write-in votes. When the
18voter has voted a write-in vote, the judges of election shall
19compare the write-in vote with the votes on the ballot card to
20determine whether such write-in results in an overvote for any
21office. In case of an overvote for any office, the judges of
22election, consisting in each case of at least one judge of
23election of each of the two major political parties, shall
24make a true duplicate ballot of all votes on such ballot card
25except for the office which is overvoted, by using the ballot
26label booklet of the precinct and one of the marking devices of

 

 

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1the precinct so as to transfer all votes of the voter except
2for the office overvoted, to an official ballot card of that
3kind used in the precinct at that election. The original
4ballot card and envelope upon which there is an overvote shall
5be clearly labeled "Overvoted Ballot", and each shall bear the
6same serial number which shall be placed thereon by the judges
7of election, commencing with number 1 and continuing
8consecutively for the ballots of that kind in that precinct.
9The judges of election shall initial the "Duplicate Overvoted
10Ballot" ballot cards and shall place them in the box for return
11of the ballots. The "Overvoted Ballot" ballots and their
12envelopes shall be placed in the "Duplicate Ballots" envelope.
13Envelopes bearing write-in votes marked in the place
14designated therefor and bearing the initials of a precinct
15judge of election and not resulting in an overvote and
16otherwise complying with the election laws as to marking shall
17be counted, tallied, and their votes recorded on a tally sheet
18provided by the election official in charge of the election.
19The ballot cards and ballot card envelopes shall be separated
20and all except any defective or overvoted shall be placed
21separately in the box for return of the ballots. The judges of
22election shall examine the ballots and ballot cards to
23determine if any is damaged, or defective, or so that it cannot
24otherwise be counted by the automatic tabulating equipment. If
25any ballot or ballot card is damaged, or defective, or so that
26it cannot otherwise properly be counted by the automatic

 

 

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1tabulating equipment, the judges of election, consisting in
2each case of at least one judge of election of each of the two
3major political parties, shall make a true duplicate ballot of
4all votes on such ballot card by using the ballot label booklet
5of the precinct and one of the marking devices of the precinct.
6The original ballot or ballot card and envelope shall be
7clearly labeled "Damaged Ballot" and the ballot or ballot card
8so produced "Duplicate Damaged Ballot," and each shall bear
9the same number which shall be placed thereon by the judges of
10election, commencing with number 1 and continuing
11consecutively for the ballots of that kind in the precinct.
12The judges of election shall initial the "Duplicate Damaged
13Ballot" ballot or ballot cards, and shall place them in the box
14for return of the ballots. The "Damaged Ballot" ballots or
15ballot cards and their envelopes shall be placed in the
16"Duplicated Ballots" envelope. A slip indicating the number of
17voters voting in person shall be made out, signed by all judges
18of election, and inserted in the box for return of the ballots.
19The tally sheets recording the write-in votes shall be placed
20in this box. The judges of election thereupon immediately
21shall securely lock the ballot box or other suitable box
22furnished for return of the ballots by the election official
23in charge of the election; provided that if such box is not of
24a type which may be securely locked, such box shall be sealed
25with filament tape provided for such purpose which shall be
26wrapped around the box lengthwise and crosswise, at least

 

 

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

 

 

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1organizations. As soon as possible, the boxes shall be
2transported from such other location to the central counting
3location by one or more teams, each consisting of 4 persons, 2
4from each of the 2 major political parties, designated for
5such purpose by the election official in charge of elections
6from recommendations by the appropriate political party
7organizations.
8    The "Defective Ballots" envelope, and "Duplicated Ballots"
9envelope each shall be securely sealed and the flap or end
10thereof of each signed by the precinct judges of election and
11returned to the central counting location with the box for
12return of the ballots, enclosed ballots and returns.
13    At the central counting location, a team of tally judges
14designated by the election official in charge of the election
15shall check the box returned containing the ballots to
16determine that all seals are intact, and thereupon shall open
17the box, check the voters' slip and compare the number of
18ballots so delivered against the total number of voters of the
19precinct who voted, remove the ballots or ballot cards and
20deliver them to the technicians operating the automatic
21tabulating equipment. Any discrepancies between the number of
22ballots and total number of voters shall be noted on a sheet
23furnished for that purpose and signed by the tally judges; or
24    (c) A single ballot box, for the deposit of all votes cast,
25shall be used. Immediately after the closing of the polls, the
26precinct judges of election shall securely lock the ballot

 

 

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

 

 

10200SB0829sam001- 26 -LRB102 04627 AWJ 36805 a

1one or more teams, each consisting of 4 persons, 2 from each of
2the two major political parties, designated for such purpose
3by the election official in charge of elections from
4recommendations by the appropriate political party
5organizations. As soon as possible, the boxes shall be
6transported from such other location to the central counting
7location by one or more teams, each consisting of 4 persons, 2
8from each of the 2 major political parties, designated for
9such purpose by the election official in charge of the
10election from recommendations by the appropriate political
11party organizations.
12    At the central counting location there shall be one or
13more teams of tally judges who possess the same qualifications
14as tally judges in election jurisdictions using paper ballots.
15The number of such teams shall be determined by the election
16authority. Each team shall consist of 5 tally judges, 3
17selected and approved by the county board from a certified
18list furnished by the chair of the county central committee of
19the party with the majority of members on the county board and
202 selected and approved by the county board from a certified
21list furnished by the chair of the county central committee of
22the party with the second largest number of members on the
23county board. At the central counting location a team of tally
24judges shall open the ballot box and canvass the votes polled
25to determine that the number of ballot sheets therein agree
26with the number of voters voting as shown by the applications

 

 

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1for ballot; and, if the same do not agree, the tally judges
2shall make such ballots agree with the number of applications
3for ballot in the manner provided by Section 17-18 of this
4Code. The tally judges shall then examine all ballot sheets
5which are in the ballot box to determine whether they bear the
6initials of the precinct judge of election. If any ballot is
7not initialed, it shall be marked on the back "Defective",
8initialed as to such label by all tally judges immediately
9under such word "Defective", and not counted, but placed in
10the envelope provided for that purpose labeled "Defective
11Ballots Envelope". An overvote for one office shall invalidate
12only the vote or count of that particular office.
13    At the central counting location, a team of tally judges
14designated by the election official in charge of the election
15shall deliver the ballot sheets to the technicians operating
16the automatic tabulating equipment. Any discrepancies between
17the number of ballots and total number of voters shall be noted
18on a sheet furnished for that purpose and signed by the tally
19judges.
20    (2) Regardless of which procedure described in subsection
21(1) of this Section is used, the judges of election designated
22to transport the ballots, properly signed and sealed as
23provided herein, shall ensure that the ballots are delivered
24to the central counting station no later than 12 hours after
25the polls close. At the central counting station a team of
26tally judges designated by the election official in charge of

 

 

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1the election shall examine the ballots so transported and
2shall not accept ballots for tabulating which are not signed
3and sealed as provided in subsection (1) of this Section until
4the judges transporting the same make and sign the necessary
5corrections. Upon acceptance of the ballots by a team of tally
6judges at the central counting station, the election judges
7transporting the same shall take a receipt signed by the
8election official in charge of the election and stamped with
9the date and time of acceptance. The election judges whose
10duty it is to transport any ballots shall, in the event such
11ballots cannot be found when needed, on proper request,
12produce the receipt which they are to take as above provided.
13(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
14    (10 ILCS 5/24A-10.1)  (from Ch. 46, par. 24A-10.1)
15    Sec. 24A-10.1. In an election jurisdiction where
16in-precinct counting equipment is utilized, the following
17procedures for counting and tallying the ballots shall apply:
18    Immediately after the closing of the polls, the precinct
19judges of election shall open the ballot box and count the
20number of ballots therein to determine if such number agrees
21with the number of voters voting as shown by the applications
22for ballot or, if the same do not agree, the judges of election
23shall make such ballots agree with the applications for ballot
24in the manner provided by Section 17-18 of this Act. The judges
25of election shall then examine all ballot cards and ballot

 

 

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1card envelopes which are in the ballot box to determine
2whether the ballot cards and ballot card envelopes contain the
3initials of a precinct judge of election. If any ballot card or
4ballot card envelope is not initialed, it shall be marked on
5the back "Defective", initialed as to such label by all judges
6immediately under the word "Defective" and not counted. The
7judges of election shall place an initialed blank official
8ballot card in the place of the defective ballot card, so that
9the count of the ballot cards to be counted on the automatic
10tabulating equipment will be the same, and each "Defective
11Ballot" card and "Replacement" card shall contain the same
12serial number which shall be placed thereon by the judges of
13election, commencing with number 1 and continuing
14consecutively for the ballots of that kind in that precinct.
15The original "Defective" card shall be placed in the
16"Defective Ballot Envelope" provided for that purpose.
17    When an electronic voting system is used which utilizes a
18ballot card, before separating the remaining ballot cards from
19their respective covering envelopes, the judges of election
20shall examine the ballot card envelopes for write-in votes.
21When the voter has cast a write-in vote, the judges of election
22shall compare the write-in vote with the votes on the ballot
23card to determine whether such write-in results in an overvote
24for any office. In case of an overvote for any office, the
25judges of election, consisting in each case of at least one
26judge of election of each of the 2 major political parties,

 

 

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1shall make a true duplicate ballot of all votes on such ballot
2card except for the office which is overvoted, by using the
3ballot label booklet of the precinct and one of the marking
4devices of the precinct so as to transfer all votes of the
5voter, except for the office overvoted, to a duplicate card.
6The original ballot card and envelope upon which there is an
7overvote shall be clearly labeled "Overvoted Ballot", and each
8such "Overvoted Ballot" as well as its "Replacement" shall
9contain the same serial number which shall be placed thereon
10by the judges of election, commencing with number 1 and
11continuing consecutively for the ballots of that kind in that
12precinct. The "Overvoted Ballot" card and ballot envelope
13shall be placed in an envelope provided for that purpose
14labeled "Duplicate Ballot" envelope, and the judges of
15election shall initial the "Replacement" ballot cards and
16shall place them with the other ballot cards to be counted on
17the automatic tabulating equipment. Envelopes containing
18write-in votes marked in the place designated therefor and
19containing the initials of a precinct judge of election and
20not resulting in an overvote and otherwise complying with the
21election laws as to marking shall be counted and tallied and
22their votes recorded on a tally sheet provided by the election
23authority.
24    The ballot cards and ballot card envelopes shall be
25separated in preparation for counting by the automatic
26tabulating equipment provided for that purpose by the election

 

 

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

 

 

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1been successfully read, the judges of election shall check to
2make certain that the last number printed by the printing unit
3is the same as the number of voters making application for
4ballot in that precinct. The number shall be listed on the
5"Statement of Ballots" form provided by the election
6authority.
7    The totals for all candidates and propositions shall be
8tabulated. One copy of an "In-Precinct Totals Report" shall be
9generated by the automatic tabulating equipment for return to
10the election authority. One copy of an "In-Precinct Totals
11Report" shall be generated and posted in a conspicuous place
12inside the polling place, provided that any authorized
13pollwatcher or other official authorized to be present in the
14polling place to observe the counting of ballots is present.
15    The judges of election shall provide, if requested, a set
16for each authorized pollwatcher or other official authorized
17to be present in the polling place to observe the counting of
18ballots. In addition, sufficient time shall be provided by the
19judges of election to the pollwatchers to allow them to copy
20information from the copy which has been posted.
21    The judges of election shall count all unused ballot cards
22and enter the number on the "Statement of Ballots". All
23"Spoiled", "Defective" and "Duplicated" ballot cards shall be
24counted and the number entered on the "Statement of Ballots".
25    The precinct judges of election shall select a bi-partisan
26team of 2 judges, who shall immediately return the ballots in a

 

 

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1sealed container, along with all other election materials as
2instructed by the election authority; provided, however, that
3such container must first be sealed by the election judges
4with filament tape provided for such purpose which shall be
5wrapped around the container lengthwise and crosswise, at
6least twice each way, in such manner that the ballots cannot be
7removed from such container without breaking the seal and
8filament tape and disturbing any signatures affixed by the
9election judges to the container. The election authority shall
10keep the office of the election authority, or any receiving
11stations designated by such authority, open for at least 12
12consecutive hours after the polls close or until the ballots
13from all precincts with in-precinct counting equipment within
14the jurisdiction of the election authority have been returned
15to the election authority. Ballots returned to the office of
16the election authority which are not signed and sealed as
17required by law shall not be accepted by the election
18authority until the judges returning the same make and sign
19the necessary corrections. Upon acceptance of the ballots by
20the election authority, the judges returning the same shall
21take a receipt signed by the election authority and stamped
22with the time and date of such return. The election judges
23whose duty it is to return any ballots as herein provided
24shall, in the event such ballots cannot be found when needed,
25on proper request, produce the receipt which they are to take
26as above provided.

 

 

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1(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
295-699, eff. 11-9-07.)
 
3    (10 ILCS 5/24A-14)  (from Ch. 46, par. 24A-14)
4    Sec. 24A-14. Damaged, defective, or unreadable ballots;
5duplicates. If any ballot is damaged, or defective, or so that
6it cannot otherwise properly be counted by the automatic
7tabulating equipment, a true duplicate copy shall be made of
8the damaged ballot in the presence of witnesses and
9substituted for the damaged ballot. Likewise, a duplicate
10ballot shall be made of a defective ballot which shall not
11include the invalid votes appearing on the original ballot.
12All duplicate ballots shall be clearly labeled "duplicate",
13shall bear a serial number which shall be registered on the
14damaged, or defective, or otherwise unreadable ballot, and
15shall be counted in lieu of the damaged, or defective, or
16otherwise unreadable ballot.
17(Source: Laws 1965, p. 2220.)
 
18    (10 ILCS 5/24B-10)
19    Sec. 24B-10. Receiving, counting, tallying and return of
20ballots; acceptance of ballots by election authority.
21    (a) In an election jurisdiction which has adopted an
22electronic Precinct Tabulation Optical Scan Technology voting
23system, the election official in charge of the election shall
24select one of the 3 following procedures for receiving,

 

 

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

 

 

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1    board of election commissioners.
2        Before the ballots of a precinct are fed to the
3    electronic Precinct Tabulation Optical Scan Technology
4    tabulating equipment, the first ballot box shall be opened
5    at the central counting station by the 2 precinct
6    transport judges. Upon opening a ballot box, the team
7    shall first count the number of ballots in the box. If 2 or
8    more are folded together to appear to have been cast by the
9    same person, all of the ballots folded together shall be
10    marked and returned with the other ballots in the same
11    condition, as near as may be, in which they were found when
12    first opened, but shall not be counted. If the remaining
13    ballots are found to exceed the number of persons voting
14    in the precinct as shown by the slip signed by the judges
15    of election, the ballots shall be replaced in the box, and
16    the box closed and well shaken and again opened and one of
17    the precinct transport judges shall publicly draw out so
18    many ballots unopened as are equal to the excess.
19        The excess ballots shall be marked "Excess-Not
20    Counted" and signed by the 2 precinct transport judges and
21    shall be placed in the "After 7:00 p.m. Defective Ballots
22    Envelope". The number of excess ballots shall be noted in
23    the remarks section of the Certificate of Results.
24    "Excess" ballots shall not be counted in the total of
25    "defective" ballots.
26        The precinct transport judges shall then examine the

 

 

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1    remaining ballots for write-in votes and shall count and
2    tabulate the write-in vote.
3        (2) A single ballot box, for the deposit of all votes
4    cast, shall be used. All ballots which are not to be
5    tabulated on the electronic voting system shall be
6    counted, tallied, and returned as elsewhere provided in
7    this Code for the counting and handling of paper ballots.
8        All ballots to be processed and tabulated with the
9    electronic Precinct Tabulation Optical Scan Technology
10    voting system shall be processed as follows:
11        Immediately after the closing of the polls, the
12    precinct judges of election shall open the ballot box and
13    canvass the votes polled to determine that the number of
14    ballots agree with the number of voters voting as shown by
15    the applications for ballot, or if the same do not agree
16    the judges of election shall make such ballots agree with
17    the applications for ballot in the manner provided by
18    Section 17-18 of this Code.
19        In case of an overvote for any office, the judges of
20    election, consisting in each case of at least one judge of
21    election of each of the 2 major political parties, shall
22    make a true duplicate ballot of all votes on the ballot
23    except for the office which is overvoted, by using the
24    ballot of the precinct and one of the marking devices, or
25    equivalent ballot, of the precinct to transfer all votes
26    of the voter except for the office overvoted, to an

 

 

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

 

 

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

 

 

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1    separate adhesive seal label affixed to the box and signed
2    by the judges may not be removed without breaking the
3    filament tape and disturbing the signature of the judges.
4    Two of the judges of election, of different major
5    political parties, shall by the most direct route
6    transport the box for return of the ballots and enclosed
7    ballots and returns to the central counting location
8    designated by the election official in charge of the
9    election. If, however, because of the lack of adequate
10    parking facilities at the central counting location or for
11    any other reason, it is impossible or impracticable for
12    the boxes from all the polling places to be delivered
13    directly to the central counting location, the election
14    official in charge of the election may designate some
15    other location to which the boxes shall be delivered by
16    the 2 precinct judges. While at the other location the
17    boxes shall be in the care and custody of one or more
18    teams, each consisting of 4 persons, 2 from each of the 2
19    major political parties, designated for such purpose by
20    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 elections from recommendations by the
2    appropriate political party organizations.
3        The "Defective Ballots" envelope, and "Duplicated
4    Ballots" envelope each shall be securely sealed and the
5    flap or end of each envelope signed by the precinct judges
6    of election and returned to the central counting location
7    with the box for return of the ballots, enclosed ballots
8    and returns.
9        At the central counting location, a team of tally
10    judges designated by the election official in charge of
11    the election shall check the box returned containing the
12    ballots to determine that all seals are intact, and shall
13    open the box, check the voters' slip and compare the
14    number of ballots so delivered against the total number of
15    voters of the precinct who voted, remove the ballots and
16    deliver them to the technicians operating the automatic
17    tabulating equipment. Any discrepancies between the number
18    of ballots and total number of voters shall be noted on a
19    sheet furnished for that purpose and signed by the tally
20    judges.
21        (3) A single ballot box, for the deposit of all votes
22    cast, shall be used. Immediately after the closing of the
23    polls, the precinct judges of election shall securely lock
24    the ballot box; provided that if such box is not of a type
25    which may be securely locked, the box shall be sealed with
26    filament tape provided for the purpose which shall be

 

 

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

 

 

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1    by the election official in charge of elections from
2    recommendations by the appropriate political party
3    organizations. As soon as possible, the boxes shall be
4    transported from the other location to the central
5    counting location by one or more teams, each consisting of
6    4 persons, 2 from each of the 2 major political parties,
7    designated for the purpose by the election official in
8    charge of the election from recommendations by the
9    appropriate political party organizations.
10        At the central counting location there shall be one or
11    more teams of tally judges who possess the same
12    qualifications as tally judges in election jurisdictions
13    using paper ballots. The number of the teams shall be
14    determined by the election authority. Each team shall
15    consist of 5 tally judges, 3 selected and approved by the
16    county board from a certified list furnished by the chair
17    of the county central committee of the party with the
18    majority of members on the county board and 2 selected and
19    approved by the county board from a certified list
20    furnished by the chair of the county central committee of
21    the party with the second largest number of members on the
22    county board. At the central counting location a team of
23    tally judges shall open the ballot box and canvass the
24    votes polled to determine that the number of ballot sheets
25    therein agree with the number of voters voting as shown by
26    the applications for ballot and, if the same do not agree,

 

 

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1    the tally judges shall make such ballots agree with the
2    number of applications for ballot in the manner provided
3    by Section 17-18 of this Code. The tally judges shall then
4    examine all ballot sheets that are in the ballot box to
5    determine whether they bear the initials of the precinct
6    judge of election. If any ballot is not initialed, it
7    shall be marked on the back "Defective", initialed as to
8    that label by all tally judges immediately under the word
9    "Defective", and not counted, but placed in the envelope
10    provided for that purpose labeled "Defective Ballots
11    Envelope". An overvote for one office shall invalidate
12    only the vote or count for that particular office.
13        At the central counting location, a team of tally
14    judges designated by the election official in charge of
15    the election shall deliver the ballot sheets to the
16    technicians operating the automatic Precinct Tabulation
17    Optical Scan Technology tabulating equipment. Any
18    discrepancies between the number of ballots and total
19    number of voters shall be noted on a sheet furnished for
20    that purpose and signed by the tally judges.
21    (b) Regardless of which procedure described in subsection
22(a) of this Section is used, the judges of election designated
23to transport the ballots properly signed and sealed, shall
24ensure that the ballots are delivered to the central counting
25station no later than 12 hours after the polls close. At the
26central counting station, a team of tally judges designated by

 

 

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1the election official in charge of the election shall examine
2the ballots so transported and shall not accept ballots for
3tabulating which are not signed and sealed as provided in
4subsection (a) of this Section until the judges transporting
5the ballots make and sign the necessary corrections. Upon
6acceptance of the ballots by a team of tally judges at the
7central counting station, the election judges transporting the
8ballots shall take a receipt signed by the election official
9in charge of the election and stamped with the date and time of
10acceptance. The election judges whose duty it is to transport
11any ballots shall, in the event the ballots cannot be found
12when needed, on proper request, produce the receipt which they
13are to take as above provided.
14(Source: P.A. 100-1027, eff. 1-1-19.)
 
15    (10 ILCS 5/24B-10.1)
16    Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures
17for Counting and Tallying Ballots. In an election jurisdiction
18where Precinct Tabulation Optical Scan Technology counting
19equipment is used, the following procedures for counting and
20tallying the ballots shall apply:
21    Before the opening of the polls, and before the ballots
22are entered into the automatic tabulating equipment, the
23judges of election shall be sure that the totals are all zeros
24in the counting column. Ballots may then be counted by
25entering or scanning each ballot into the automatic tabulating

 

 

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1equipment. Throughout the election day and before the closing
2of the polls, no person may check any vote totals for any
3candidate or proposition on the automatic tabulating
4equipment. Such automatic tabulating equipment shall be
5programmed so that no person may reset the equipment for
6refeeding of ballots unless provided a code from an authorized
7representative of the election authority. At the option of the
8election authority, the ballots may be fed into the Precinct
9Tabulation Optical Scan Technology equipment by the voters
10under the direct supervision of the judges of elections.
11    Immediately after the closing of the polls, the precinct
12judges of election shall open the ballot box and count the
13number of ballots to determine if the number agrees with the
14number of voters voting as shown on the Precinct Tabulation
15Optical Scan Technology equipment and by the applications for
16ballot or, if the same do not agree, the judges of election
17shall make the ballots agree with the applications for ballot
18in the manner provided by Section 17-18 of this Code. The
19judges of election shall then examine all ballots which are in
20the ballot box to determine whether the ballots contain the
21initials of a precinct judge of election. If any ballot is not
22initialed, it shall be marked on the back "Defective",
23initialed as to such label by all judges immediately under the
24word "Defective" and not counted. The judges of election shall
25place an initialed blank official ballot in the place of the
26defective ballot, so that the count of the ballots to be

 

 

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1counted on the automatic tabulating equipment will be the
2same, and each "Defective Ballot" and "Replacement" ballot
3shall contain the same serial number which shall be placed
4thereon by the judges of election, beginning with number 1 and
5continuing consecutively for the ballots of that kind in that
6precinct. The original "Defective" ballot shall be placed in
7the "Defective Ballot Envelope" provided for that purpose.
8    If the judges of election have removed a ballot pursuant
9to Section 17-18, have labeled "Defective" a ballot which is
10not initialed, or have otherwise determined under this Code to
11not count a ballot originally deposited into a ballot box, the
12judges of election shall be sure that the totals on the
13automatic tabulating equipment are reset to all zeros in the
14counting column. Thereafter the judges of election shall enter
15or otherwise scan each ballot to be counted in the automatic
16tabulating equipment. Resetting the automatic tabulating
17equipment to all zeros and re-entering of ballots to be
18counted may occur at the precinct polling place, the office of
19the election authority, or any receiving station designated by
20the election authority. The election authority shall designate
21the place for resetting and re-entering or re-scanning.
22    When a Precinct Tabulation Optical Scan Technology
23electronic voting system is used which uses a paper ballot,
24the judges of election shall examine the ballot for write-in
25votes. When the voter has cast a write-in vote, the judges of
26election shall compare the write-in vote with the votes on the

 

 

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

 

 

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1judge of election of each of the 2 major political parties,
2shall make a true duplicate ballot of all votes on such ballot
3by using the ballot of the precinct and one of the marking
4devices of the precinct, or equivalent. If a damaged ballot,
5the original ballot shall be clearly labeled "Damaged Ballot"
6and the ballot so produced shall be clearly labeled "Damaged
7Ballot" and the ballot so produced shall be clearly labeled
8"Duplicate Damaged Ballot", and each shall contain the same
9serial number which shall be placed by the judges of election,
10beginning with number 1 and continuing consecutively for the
11ballots of that kind in the precinct. The judges of election
12shall initial the "Duplicate Damaged Ballot" ballot and shall
13enter or otherwise scan the duplicate damaged ballot into the
14automatic tabulating equipment. The "Damaged Ballots" shall be
15placed in the "Duplicated Ballots" envelope; after all ballots
16have been successfully read, the judges of election shall
17check to make certain that the Precinct Tabulation Optical
18Scan Technology equipment readout agrees with the number of
19voters making application for ballot in that precinct. The
20number shall be listed on the "Statement of Ballots" form
21provided by the election authority.
22    The totals for all candidates and propositions shall be
23tabulated. One copy of an "In-Precinct Totals Report" shall be
24generated by the automatic tabulating equipment for return to
25the election authority. One copy of an "In-Precinct Totals
26Report" shall be generated and posted in a conspicuous place

 

 

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

 

 

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1shall keep the office of the election authority or any
2receiving stations designated by the authority, open for at
3least 12 consecutive hours after the polls close or until the
4ballots from all precincts with in-precinct counting equipment
5within the jurisdiction of the election authority have been
6returned to the election authority. Ballots returned to the
7office of the election authority which are not signed and
8sealed as required by law shall not be accepted by the election
9authority until the judges returning the ballots make and sign
10the necessary corrections. Upon acceptance of the ballots by
11the election authority, the judges returning the ballots shall
12take a receipt signed by the election authority and stamped
13with the time and date of the return. The election judges whose
14duty it is to return any ballots as provided shall, in the
15event the ballots cannot be found when needed, on proper
16request, produce the receipt which they are to take as above
17provided. The precinct judges of election shall also deliver
18the Precinct Tabulation Optical Scan Technology equipment to
19the election authority.
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 5/24B-14)
23    Sec. 24B-14. Damaged, defective, or unreadable ballots;
24duplicates Ballots; Duplicates.
25If any ballot is damaged, or defective, or so that it cannot

 

 

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1otherwise properly be counted by the automatic Precinct
2Tabulation Optical Scan Technology tabulating equipment, a
3true duplicate copy shall be made of the damaged ballot in the
4presence of witnesses and substituted for the original damaged
5ballot. Likewise, a duplicate ballot shall be made of a
6defective ballot which shall not include the invalid votes
7appearing on the original ballot. All duplicate ballots shall
8be clearly labeled "Duplicate", shall bear a serial number
9which shall be registered on the damaged, or defective, or
10otherwise unreadable ballot, and shall be counted in lieu of
11the damaged, or defective, or otherwise unreadable ballot.
12(Source: P.A. 89-394, eff. 1-1-97.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".