Full Text of HB1131 97th General Assembly
HB1131 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1131 Introduced 02/07/11, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/17-11 | from Ch. 46, par. 17-11 | 10 ILCS 5/17-43 | | 10 ILCS 5/18-5 | from Ch. 46, par. 18-5 | 10 ILCS 5/18-40 | | 10 ILCS 5/19A-35 | | 10 ILCS 5/24-1 | from Ch. 46, par. 24-1 | 10 ILCS 5/24A-16 | from Ch. 46, par. 24A-16 | 10 ILCS 5/24B-16 | | 10 ILCS 5/24B-20 | |
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Amends the Election Code. Requires that when a voter is notified that he or she has under-voted the ballot for a statewide constitutional office, the voting equipment shall indicate that under-vote only to the voter. Provides that an election authority may seek an exemption from the State Board of Elections for equipment that does not meet the under-vote notification requirement. Requires that all election authorities have voting systems that meet the requirement by the 2014 general primary election. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 17-11, 17-43, 18-5, 18-40, 19A-35, 24-1, 24A-16, | 6 | | 24B-16, and 24B-20 as follows:
| 7 | | (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
| 8 | | Sec. 17-11. On receipt of his ballot the voter shall | 9 | | forthwith, and
without leaving the inclosed space, retire | 10 | | alone, or accompanied by children as provided in Section 17-8,
| 11 | | to one of the voting
booths so provided and shall prepare his | 12 | | ballot by making in the
appropriate margin or place a cross (X) | 13 | | opposite the name of the
candidate of his choice for each | 14 | | office to be filled, or by writing in
the name of the candidate | 15 | | of his choice in a blank space on said ticket,
making a cross | 16 | | (X) opposite thereto; and in case of a question submitted
to | 17 | | the vote of the people, by making in the appropriate margin or | 18 | | place
a cross (X) against the answer he desires to give. A | 19 | | cross (X) in the
square in front of the bracket enclosing the | 20 | | names of a team of
candidates for Governor and Lieutenant | 21 | | Governor counts as one vote for
each of such candidates. Before | 22 | | leaving the voting booth the voter shall fold
his
ballot in | 23 | | such manner as to conceal the marks thereon. He shall then
vote |
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| 1 | | forthwith in the manner herein provided, except that the number
| 2 | | corresponding to the number of the voter on the poll books | 3 | | shall not be
indorsed on the back of his ballot. He shall mark | 4 | | and deliver his ballot
without undue delay, and shall quit said | 5 | | inclosed space as soon as he
has voted; except that immediately | 6 | | after voting, the voter shall be instructed whether the voting | 7 | | equipment, if used, accepted or rejected the ballot or | 8 | | identified the ballot as under-voted for a statewide | 9 | | constitutional office. A voter whose ballot is identified as | 10 | | under-voted may return to the voting booth and complete the | 11 | | voting of that ballot. A voter whose ballot is not accepted by | 12 | | the voting equipment may, upon surrendering the ballot, request | 13 | | and vote another ballot. The voter's surrendered ballot shall | 14 | | be initialed by the election judge and handled as provided in | 15 | | the appropriate Article governing that voting equipment. The | 16 | | voting equipment shall indicate only to the voter if the voter | 17 | | under-voted for a statewide constitutional office. If the | 18 | | existing voting equipment cannot meet that under-vote | 19 | | notification requirement, the election authority may petition | 20 | | the State Board of Elections for an exemption from the | 21 | | under-vote notification requirement. All election authorities | 22 | | shall have voting systems compatible with the under-vote | 23 | | notification requirement by the 2014 general primary election. | 24 | | No voter shall be allowed to occupy a voting booth already
| 25 | | occupied by another, nor remain within said inclosed space more | 26 | | than ten
minutes, nor to occupy a voting booth more than five |
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| 1 | | minutes in case all
of said voting booths are in use and other | 2 | | voters waiting to occupy the
same. No voter not an election | 3 | | officer, shall, after having voted, be
allowed to re-enter said | 4 | | inclosed space during said election. No person
shall take or | 5 | | remove any ballot from the polling place before the close
of | 6 | | the poll. No voter shall vote or offer to vote any ballot | 7 | | except such
as he has received from the judges of election in | 8 | | charge of the ballots.
Any voter who shall, by accident or | 9 | | mistake, spoil his ballot, may, on
returning said spoiled | 10 | | ballot, receive another in place thereof only after
the word | 11 | | "spoiled" has been written in ink diagonally across the entire
| 12 | | face of the ballot returned by the voter.
| 13 | | Where voting machines or electronic voting systems are | 14 | | used, the
provisions of this section may be modified as | 15 | | required or authorized by
Article 24,
24A, 24B, or 24C, | 16 | | whichever is applicable, except that the requirements of this | 17 | | Section that (i) the voter must be notified of the voting | 18 | | equipment's acceptance or rejection of the voter's ballot or | 19 | | identification of an under-vote for a statewide constitutional | 20 | | office and (ii) the voter shall have the opportunity to correct | 21 | | an under-vote or surrender the ballot that was not accepted and | 22 | | vote another ballot shall not be modified.
| 23 | | (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 24 | | (10 ILCS 5/17-43)
| 25 | | Sec. 17-43. Voting.
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| 1 | | (a) If the election authority has adopted the use of | 2 | | Precinct
Tabulation Optical Scan Technology voting equipment | 3 | | pursuant to
Article 24B of this Code, and the provisions of the | 4 | | Article are
in conflict with the provisions of this Article 17, | 5 | | the
provisions of Article 24B shall govern the procedures | 6 | | followed by
the election authority, its judges of elections, | 7 | | and all
employees and agents. In following the provisions of
| 8 | | Article 24B, the election authority is authorized to develop | 9 | | and
implement procedures to fully utilize Precinct Tabulation | 10 | | Optical
Scan Technology voting equipment authorized by the | 11 | | State Board of
Elections as long as the procedure is not in | 12 | | conflict with
either Article 24B or the administrative rules of | 13 | | the State Board
of Elections.
| 14 | | (b) Notwithstanding subsection (a), when voting equipment | 15 | | governed by any Article of this Code is used, the requirements | 16 | | of Section 7-11 that (i) the voter must be notified of the | 17 | | voting equipment's acceptance or rejection of the ballot or | 18 | | identification of an under-vote for a statewide constitutional | 19 | | office and (ii) the voter shall have the opportunity to correct | 20 | | an under-vote for a statewide constitutional office or | 21 | | surrender the ballot that was not accepted and vote another | 22 | | ballot shall not be modified. The voting equipment shall | 23 | | indicate only to the voter if the voter under-voted for a | 24 | | statewide constitutional office. If the existing voting | 25 | | equipment cannot meet that under-vote notification | 26 | | requirement, the election authority may petition the State |
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| 1 | | Board of Elections for an exemption from the under-vote | 2 | | notification requirement. All election authorities shall have | 3 | | voting systems compatible with the under-vote notification | 4 | | requirement by the 2014 general primary election.
| 5 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 6 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| 7 | | Sec. 18-5. Any person desiring to vote and whose name is | 8 | | found upon
the register of voters by the person having charge | 9 | | thereof, shall then
be questioned by one of the judges as to | 10 | | his nativity, his term of
residence at present address, | 11 | | precinct, State and United States, his
age, whether naturalized | 12 | | and if so the date of naturalization papers and
court from | 13 | | which secured, and he shall be asked to state his residence
| 14 | | when last previously registered and the date of the election | 15 | | for which
he then registered. The judges of elections shall | 16 | | check each application
for ballot against the list of voters | 17 | | registered in that precinct to whom
grace period, absentee, and | 18 | | early ballots have been issued for that election, which shall
| 19 | | be provided
by the election authority and which list shall be | 20 | | available for inspection
by pollwatchers. A voter applying to | 21 | | vote in
the precinct on
election day whose name appears on the | 22 | | list as having been issued a grace period, absentee,
or early | 23 | | ballot shall not be permitted to vote in the precinct, except | 24 | | that a voter to whom an absentee ballot was issued may vote in | 25 | | the precinct if the voter submits to the election judges that |
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| 1 | | absentee ballot for cancellation. If the voter is unable to | 2 | | submit the absentee ballot, it shall be sufficient for the | 3 | | voter to submit to the election judges (i) a portion of the | 4 | | absentee ballot if the absentee ballot was torn or mutilated or | 5 | | (ii) an affidavit executed before the election judges | 6 | | specifying that (A) the voter never received an absentee ballot | 7 | | or (B) the voter completed and returned an absentee ballot and | 8 | | was informed that the election authority did not receive that | 9 | | absentee ballot.
If such person
so registered shall be | 10 | | challenged as disqualified, the party challenging
shall assign | 11 | | his reasons therefor, and thereupon one of the judges shall
| 12 | | administer to him an oath to answer questions, and if he shall | 13 | | take the
oath he shall then be questioned by the judge or | 14 | | judges touching such cause
of challenge, and touching any other | 15 | | cause of disqualification. And he may
also be questioned by the | 16 | | person challenging him in regard to his
qualifications and | 17 | | identity. But if a majority of the judges are of the
opinion | 18 | | that he is the person so registered and a qualified voter, his | 19 | | vote
shall then be received accordingly. But if his vote be | 20 | | rejected by such
judges, such person may afterward produce and | 21 | | deliver an affidavit to such
judges, subscribed and sworn to by | 22 | | him before one of the judges, in which
it shall be stated how | 23 | | long he has resided in such precinct, and state;
that he is a | 24 | | citizen of the United States, and is a duly qualified voter in
| 25 | | such precinct, and that he is the identical person so | 26 | | registered.
In addition to such an affidavit, the person so |
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| 1 | | challenged shall provide
to the judges of election proof of | 2 | | residence by producing 2 forms of
identification showing the | 3 | | person's current residence address, provided
that such | 4 | | identification may include a lease or contract for a residence | 5 | | and not more than one piece of mail addressed to the person at | 6 | | his current residence address and
postmarked not earlier than | 7 | | 30 days prior to the date of the
election, or the person shall | 8 | | procure a witness personally known to the
judges of election, | 9 | | and resident in the precinct (or district), or who
shall be | 10 | | proved by some legal voter of such precinct or district, known | 11 | | to
the judges to be such, who shall take the oath following, | 12 | | viz:
| 13 | | I do solemnly swear (or affirm) that I am a resident of | 14 | | this election
precinct (or district), and entitled to vote at | 15 | | this election, and that I
have been a resident of this State | 16 | | for 30 days last past, and am well
acquainted with the person | 17 | | whose vote is now offered; that he is an actual
and bona fide | 18 | | resident of this election precinct (or district), and has
| 19 | | resided herein 30 days, and as I verily believe, in this State, | 20 | | 30 days
next preceding this election.
| 21 | | The oath in each case may be administered by one of the | 22 | | judges of
election, or by any officer, resident in the precinct | 23 | | or district,
authorized by law to administer oaths. Also | 24 | | supported by an affidavit by a
registered voter residing in | 25 | | such precinct, stating his own residence, and
that he knows | 26 | | such person; and that he does reside at the place mentioned
and |
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| 1 | | has resided in such precinct and state for the length of time | 2 | | as stated
by such person, which shall be subscribed and sworn | 3 | | to in the same way.
For purposes of this Section, the | 4 | | submission of a photo identification issued by a college or | 5 | | university, accompanied by either (i) a copy of the applicant's | 6 | | contract or lease for a residence or (ii) one piece of mail | 7 | | addressed to the person at his or her current residence address | 8 | | and postmarked not earlier than 30 days prior to the date of | 9 | | the election, shall be sufficient to establish proof of | 10 | | residence. Whereupon the vote of such person shall be received, | 11 | | and entered as other
votes. But such judges, having charge of | 12 | | such registers, shall state in
their respective books the facts | 13 | | in such case, and the affidavits, so
delivered to the judges, | 14 | | shall be preserved and returned to the office of
the | 15 | | commissioners of election. Blank affidavits of the character | 16 | | aforesaid
shall be sent out to the judges of all the precincts, | 17 | | and the judges of
election shall furnish the same on demand and | 18 | | administer the oaths without
criticism. Such oaths, if | 19 | | administered by any other officer than such judge
of election, | 20 | | shall not be received. Whenever a proposal for a
constitutional | 21 | | amendment or for the calling of a constitutional convention
is | 22 | | to be voted upon at the election, the separate blue ballot or | 23 | | ballots
pertaining thereto shall be placed on top of the other | 24 | | ballots to be voted
at the election in such manner that the | 25 | | legend appearing on the back
thereof, as prescribed in Section | 26 | | 16-6 of this Act, shall be plainly
visible to the voter, and in |
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| 1 | | this fashion the ballots shall be handed to
the voter by the | 2 | | judge.
| 3 | | Immediately after voting, the voter shall be instructed | 4 | | whether the voting equipment, if used, accepted or rejected the | 5 | | ballot or identified the ballot as under-voted. A voter whose | 6 | | ballot is identified as under-voted for a statewide | 7 | | constitutional office may return to the voting booth and | 8 | | complete the voting of that ballot. A voter whose ballot is not | 9 | | accepted by the voting equipment may, upon surrendering the | 10 | | ballot, request and vote another ballot. The voter's | 11 | | surrendered ballot shall be initialed by the election judge and | 12 | | handled as provided in the appropriate Article governing that | 13 | | voting equipment. The voting equipment shall indicate only to | 14 | | the voter if the voter under-voted for a statewide | 15 | | constitutional office. If the existing voting equipment cannot | 16 | | meet that under-vote notification requirement, the election | 17 | | authority may petition the State Board of Elections for an | 18 | | exemption from the under-vote notification requirement. All | 19 | | election authorities shall have voting systems compatible with | 20 | | the under-vote notification requirement by the 2014 general | 21 | | primary election. | 22 | | The voter shall, upon quitting the voting booth, deliver to | 23 | | one of
the judges of election all of the ballots, properly | 24 | | folded, which he
received. The judge of election to whom the | 25 | | voter delivers his ballots
shall not accept the same unless all | 26 | | of the ballots given to the voter
are returned by him. If a |
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| 1 | | voter delivers less than all of the ballots
given to him, the | 2 | | judge to whom the same are offered shall advise him in
a voice | 3 | | clearly audible to the other judges of election that the voter
| 4 | | must return the remainder of the ballots. The statement of the | 5 | | judge to
the voter shall clearly express the fact that the | 6 | | voter is not required
to vote such remaining ballots but that | 7 | | whether or not he votes them he
must fold and deliver them to | 8 | | the judge. In making such statement the
judge of election shall | 9 | | not indicate by word, gesture or intonation of
voice that the | 10 | | unreturned ballots shall be voted in any particular
manner. No | 11 | | new voter shall be permitted to enter the voting booth of a
| 12 | | voter who has failed to deliver the total number of ballots | 13 | | received by
him until such voter has returned to the voting | 14 | | booth pursuant to the
judge's request and again quit the booth | 15 | | with all of the ballots
required to be returned by him. Upon | 16 | | receipt of all such ballots the
judges of election shall enter | 17 | | the name of the voter, and his number, as
above provided in | 18 | | this Section, and the judge to whom the ballots are
delivered | 19 | | shall immediately put the ballots into the ballot box. If any
| 20 | | voter who has failed to deliver all the ballots received by him | 21 | | refuses
to return to the voting booth after being advised by | 22 | | the judge of
election as herein provided, the judge shall | 23 | | inform the other judges of
such refusal, and thereupon the | 24 | | ballot or ballots returned to the judge
shall be deposited in | 25 | | the ballot box, the voter shall be permitted to
depart from the | 26 | | polling place, and a new voter shall be permitted to
enter the |
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| 1 | | voting booth.
| 2 | | The judge of election who receives the ballot or ballots | 3 | | from the
voter shall announce the residence and name of such | 4 | | voter in a loud
voice. The judge shall put the ballot or | 5 | | ballots received from the voter
into the ballot box in the | 6 | | presence of the voter and the judges of
election, and in plain | 7 | | view of the public. The judges having charge of
such registers | 8 | | shall then, in a column prepared thereon, in the same
line of, | 9 | | the name of the voter, mark "Voted" or the letter "V".
| 10 | | No judge of election shall accept from any voter less than | 11 | | the full
number of ballots received by such voter without first | 12 | | advising the
voter in the manner above provided of the | 13 | | necessity of returning all of
the ballots, nor shall any such | 14 | | judge advise such voter in a manner
contrary to that which is | 15 | | herein permitted, or in any other manner
violate the provisions | 16 | | of this Section; provided, that the acceptance by
a judge of | 17 | | election of less than the full number of ballots delivered to
a | 18 | | voter who refuses to return to the voting booth after being | 19 | | properly
advised by such judge shall not be a violation of this | 20 | | Section.
| 21 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 22 | | (10 ILCS 5/18-40)
| 23 | | Sec. 18-40. Voting
equipment. | 24 | | (a) If the election authority has adopted the use of | 25 | | Precinct
Tabulation Optical Scan Technology voting equipment |
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| 1 | | pursuant to
Article 24B of this Code, and the provisions of the | 2 | | Article are
in conflict with the provisions of this Article 18, | 3 | | the
provisions of Article 24B shall govern the procedures | 4 | | followed by
the election authority, its judges of elections, | 5 | | and all
employees and agents. In following the provisions of
| 6 | | Article 24B, the election authority is authorized to develop | 7 | | and
implement procedures to fully utilize Precinct Tabulation | 8 | | Optical
Scan Technology voting equipment authorized by the | 9 | | State Board of
Elections as long as the procedure is not in | 10 | | conflict with
either Article 24B or the administrative rules of | 11 | | the State Board
of Elections.
| 12 | | (b) Notwithstanding subsection (a), when voting equipment | 13 | | governed by any Article of this Code is used, the requirements | 14 | | of Section 18-5 that (i) the voter must be notified of the | 15 | | voting equipment's acceptance or rejection of the ballot or | 16 | | identification of an under-vote for a statewide constitutional | 17 | | office and (ii) the voter shall have the opportunity to correct | 18 | | an under-vote for a statewide constitutional office or | 19 | | surrender the ballot that was not accepted and vote another | 20 | | ballot shall not be modified. The voting equipment shall | 21 | | indicate only to the voter if the voter under-voted for a | 22 | | statewide constitutional office. If the existing voting | 23 | | equipment cannot meet that under-vote notification | 24 | | requirement, the election authority may petition the State | 25 | | Board of Elections for an exemption from the under-vote | 26 | | notification requirement. All election authorities shall have |
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| 1 | | voting systems compatible with the under-vote notification | 2 | | requirement by the 2014 general primary election.
| 3 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 4 | | (10 ILCS 5/19A-35)
| 5 | | Sec. 19A-35. Procedure for voting.
| 6 | | (a) Not more than 23 days before the start of the election, | 7 | | the county clerk
shall make available to the election official | 8 | | conducting early voting by
personal
appearance a sufficient | 9 | | number of early ballots, envelopes, and printed voting
| 10 | | instruction slips for the use of early voters. The election | 11 | | official shall
receipt for all ballots received and shall | 12 | | return unused or spoiled ballots at
the close of the early | 13 | | voting period to the county clerk and must strictly
account for | 14 | | all ballots received. The ballots delivered to the election
| 15 | | official must include early ballots for each precinct in the | 16 | | election
authority's jurisdiction and must include separate | 17 | | ballots for each political
subdivision conducting an election | 18 | | of officers or a referendum at that
election.
| 19 | | (b) In conducting early voting under this Article, the | 20 | | election judge or official is
required to verify the signature | 21 | | of the early voter by comparison with the
signature on the
| 22 | | official registration card, and the judge or official must | 23 | | verify (i) the identity
of the applicant, (ii) that the | 24 | | applicant is a registered voter, (iii) the
precinct in which | 25 | | the applicant is registered, and (iv) the proper ballots of
the |
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| 1 | | political subdivision in which the applicant resides and is | 2 | | entitled to
vote before providing an early ballot to the | 3 | | applicant.
The applicant's identity must be verified by the | 4 | | applicant's presentation of an Illinois driver's license, a | 5 | | non-driver identification card issued by the Illinois | 6 | | Secretary of State, a photo identification card issued by a | 7 | | university or college, or another government-issued | 8 | | identification document containing the applicant's photograph. | 9 | | The election judge or official
must verify the applicant's | 10 | | registration from the most recent poll list
provided by the
| 11 | | election authority, and if the applicant is not listed on that | 12 | | poll list, by
telephoning the office of the election authority.
| 13 | | (b-5) A person requesting an early voting ballot to whom an | 14 | | absentee ballot was issued may vote early if the person submits | 15 | | that absentee ballot to the judges of election or official | 16 | | conducting early voting for cancellation. If the voter is | 17 | | unable to submit the absentee ballot, it shall be sufficient | 18 | | for the voter to submit to the judges or official (i) a portion | 19 | | of the absentee ballot if the absentee ballot was torn or | 20 | | mutilated or (ii) an affidavit executed before the judges or | 21 | | official specifying that (A) the voter never received an | 22 | | absentee ballot or (B) the voter completed and returned an | 23 | | absentee ballot and was informed that the election authority | 24 | | did not receive that absentee ballot. | 25 | | (b-10) Within one day after a voter casts an early voting | 26 | | ballot, the election authority shall transmit the voter's name, |
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| 1 | | street address, and precinct, ward, township, and district | 2 | | numbers, as the case may be, to the State Board of Elections, | 3 | | which shall maintain those names and that information in an | 4 | | electronic format on its website, arranged by county and | 5 | | accessible to State and local political committees. | 6 | | (b-15) Immediately after voting an early ballot, the voter | 7 | | shall be instructed whether the voting equipment accepted or | 8 | | rejected the ballot or identified that ballot as under-voted | 9 | | for a statewide constitutional office. A voter whose ballot is | 10 | | identified as under-voted may return to the voting booth and | 11 | | complete the voting of that ballot. A voter whose early voting | 12 | | ballot is not accepted by the voting equipment may, upon | 13 | | surrendering the ballot, request and vote another early voting | 14 | | ballot. The voting equipment shall indicate only to the voter | 15 | | if the voter under-voted for a statewide constitutional office. | 16 | | If the existing voting equipment cannot meet that under-vote | 17 | | notification requirement, the election authority may petition | 18 | | the State Board of Elections for an exemption from the | 19 | | under-vote notification requirement. All election authorities | 20 | | shall have voting systems compatible with the under-vote | 21 | | notification requirement by the 2014 general primary election. | 22 | | The voter's surrendered ballot
shall be initialed by the | 23 | | election judge or official conducting the early voting and | 24 | | handled as provided in the appropriate
Article governing the | 25 | | voting equipment used.
| 26 | | (c) The sealed early ballots in their carrier envelope |
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| 1 | | shall be delivered by
the election authority to the central | 2 | | ballot counting location before the close of the
polls on the | 3 | | day of the election.
| 4 | | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 5 | | (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| 6 | | Sec. 24-1. The election authority in all jurisdictions when | 7 | | voting machines
are used shall, except as otherwise provided in | 8 | | this Code,
provide a voting machine or voting
machines for any | 9 | | or all of the election precincts or election districts,
as the | 10 | | case may be, for which the election authority is by law charged | 11 | | with the
duty of conducting an election or
elections.
A voting | 12 | | machine or machines sufficient in number to provide a machine | 13 | | for each
400 voters or fraction thereof shall be supplied for | 14 | | use at all
elections. However, no such voting machine shall be | 15 | | used,
purchased, or adopted, and no person or entity may have a | 16 | | written contract, including a contract contingent upon | 17 | | certification of the voting machines, to sell, lease, or loan | 18 | | voting machines to an election authority, until the board of | 19 | | voting machine commissioners
hereinafter provided for, or a | 20 | | majority thereof, shall have made and
filed a report certifying | 21 | | that they have examined such machine; that it
affords each | 22 | | elector an opportunity to vote in absolute secrecy; that it
| 23 | | enables
each elector to vote a ticket selected in part from the | 24 | | nominees of one
party, and in part from the nominees of any or | 25 | | all other parties, and in
part from independent nominees |
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| 1 | | printed in the columns of candidates for
public office, and in | 2 | | part of persons not in nomination by any party or
upon any | 3 | | independent ticket; that it enables each elector to vote a
| 4 | | written or printed ballot of his own selection, for any person | 5 | | for any
office for whom he may desire to vote; that it enables | 6 | | each elector to
vote for all candidates for whom he is entitled | 7 | | to vote, and prevents
him from voting for any candidate for any | 8 | | office more than once, unless
he is lawfully entitled to cast | 9 | | more than one vote for one candidate,
and in that event permits | 10 | | him to cast only as many votes for that
candidate as he is by | 11 | | law entitled, and no more; that it prevents the
elector from | 12 | | voting for more than one person for the same office, unless
he | 13 | | is lawfully entitled to vote for more than one person therefor, | 14 | | and
in that event permits him to vote for as many persons for | 15 | | that office as
he is by law entitled, and no more; that it | 16 | | identifies when an elector has not voted for all statewide | 17 | | constitutional offices by indicating only to the voter which | 18 | | office the voter under-voted (if the existing voting equipment | 19 | | cannot meet that under-vote notification requirement, the | 20 | | election authority may petition the State Board of Elections | 21 | | for an exemption from the under-vote notification requirement; | 22 | | all election authorities shall have voting systems compatible | 23 | | with the under-vote notification requirement by the 2014 | 24 | | general primary election) ; and that such machine will register
| 25 | | correctly by means of exact counters every vote cast for the | 26 | | regular
tickets thereon; and has the capacity to contain the |
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| 1 | | tickets of at least
5 political parties with the names of all | 2 | | the candidates thereon,
together with all propositions in the | 3 | | form provided by law, where such
form is prescribed, and where | 4 | | no such provision is made for the form
thereof, then in brief | 5 | | form, not to exceed 75 words; that all votes cast
on the | 6 | | machine on a regular ballot or ballots shall be registered; | 7 | | that
voters may, by means of irregular ballots or otherwise | 8 | | vote for any
person for any office, although such person may | 9 | | not have been nominated
by any party and his name may not | 10 | | appear on such machine; that when a
vote is cast for any person | 11 | | for any such office, when his name does not
appear on the | 12 | | machine, the elector cannot vote for any other name on the
| 13 | | machine for the same office; that each elector can, | 14 | | understandingly and
within the period of 4 minutes cast his | 15 | | vote for all candidates of his
choice; that the machine is so | 16 | | constructed that the candidates for
presidential electors of | 17 | | any party can be voted for only by voting for
the ballot label | 18 | | containing a bracket within which are the names of the
| 19 | | candidates for President and Vice-President of the party or | 20 | | group; that
the machine is provided with a lock or locks by the | 21 | | use of which any
movement of the voting or registering | 22 | | mechanism is absolutely prevented
so that it cannot be tampered | 23 | | with or manipulated for any purpose; that
the machine is | 24 | | susceptible of being closed during the progress of the
voting | 25 | | so that no person can see or know the number of votes | 26 | | registered
for any candidate; that each elector is permitted to |
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| 1 | | vote for or against
any question, proposition or amendment upon | 2 | | which he is entitled to
vote, and is prevented from voting for | 3 | | or against any question,
proposition or amendment upon which he | 4 | | is not entitled to vote; that the
machine is capable of | 5 | | adjustment by the election authority,
so as to permit
the | 6 | | elector, at a party primary election, to vote only for the
| 7 | | candidates seeking nomination by the political party in which | 8 | | primary he
is entitled to vote: Provided, also that no such | 9 | | machine or machines
shall be purchased, unless the party or | 10 | | parties making the sale shall
guarantee in writing to keep the | 11 | | machine or machines in good working
order for 5 years without | 12 | | additional cost and shall give a sufficient
bond conditioned to | 13 | | that effect.
| 14 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 15 | | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| 16 | | Sec. 24A-16. The State Board of Elections shall approve all | 17 | | voting
systems provided by this Article. | 18 | | No voting system shall be approved
unless it fulfills the | 19 | | following requirements:
| 20 | | (1) It enables a voter to vote in absolute secrecy;
| 21 | | (2) (Blank);
| 22 | | (3) It enables a voter to vote a ticket selected in | 23 | | part from the
nominees of one party, and in part from the | 24 | | nominees of any or all parties,
and in part from | 25 | | independent candidates and in part of candidates whose
|
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| 1 | | names are written in by the voter;
| 2 | | (4) It enables a voter to vote a written or printed | 3 | | ticket of his own
selection for any person for any office | 4 | | for whom he may desire to vote;
| 5 | | (5) It will reject all votes for an office or upon a | 6 | | proposition when
the voter has cast more votes for such | 7 | | office or upon such proposition than
he is entitled to | 8 | | cast;
| 9 | | (5.5) It will identify when a voter has not voted for | 10 | | all statewide constitutional offices by indicating only to | 11 | | the voter which office the voter under-voted (if the | 12 | | existing voting equipment cannot meet that under-vote | 13 | | notification requirement, the election authority may | 14 | | petition the State Board of Elections for an exemption from | 15 | | the under-vote notification requirement; all election | 16 | | authorities shall have voting systems compatible with the | 17 | | under-vote notification requirement by the 2014 general | 18 | | primary election) ;
| 19 | | (6) It will accommodate all propositions to be | 20 | | submitted to the voters
in the form provided by law or, | 21 | | where no such form is provided, then in
brief form, not to | 22 | | exceed 75 words.
| 23 | | The State Board of Elections shall not approve any voting | 24 | | equipment or system that includes an external Infrared Data | 25 | | Association (IrDA) communications port.
| 26 | | The State Board of Elections is authorized to withdraw its |
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| 1 | | approval of a
voting system if the system fails to fulfill the | 2 | | above requirements.
| 3 | | The vendor, person, or other private entity shall be solely | 4 | | responsible for the production and cost of: all application | 5 | | fees; all ballots; additional temporary workers; and other | 6 | | equipment or facilities needed and used in the testing of the | 7 | | vendor's, person's, or other private entity's respective | 8 | | equipment and software.
| 9 | | Any voting system vendor, person, or other private entity | 10 | | seeking the State Board of Elections' approval of a voting | 11 | | system shall, as part of the approval application, submit to | 12 | | the State Board a non-refundable fee. The State Board of | 13 | | Elections by rule shall establish an appropriate fee structure, | 14 | | taking into account the type of voting system approval that is | 15 | | requested (such as approval of a new system, a modification of | 16 | | an existing system, the size of the modification, etc.). No | 17 | | voting system or modification of a voting system shall be | 18 | | approved unless the fee is paid.
| 19 | | No vendor, person, or other entity may sell, lease, or | 20 | | loan, or have a written contract, including a contract | 21 | | contingent upon State Board approval of the voting system or | 22 | | voting system component, to sell, lease, or loan, a voting
| 23 | | system or voting system component to any election jurisdiction | 24 | | unless the
voting system or voting system component is first | 25 | | approved by the State
Board of Elections pursuant to this | 26 | | Section.
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| 1 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 2 | | (10 ILCS 5/24B-16)
| 3 | | Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| 4 | | Technology Voting Systems; Requisites. The State Board of
| 5 | | Elections shall approve all Precinct Tabulation Optical Scan
| 6 | | Technology voting systems provided by this Article.
| 7 | | No Precinct Tabulation Optical Scan Technology voting | 8 | | system
shall be approved unless it fulfills the following | 9 | | requirements:
| 10 | | (a) It enables a voter to vote in absolute secrecy;
| 11 | | (b) (Blank);
| 12 | | (c) It enables a voter to vote a ticket selected in | 13 | | part
from the nominees of one party, and in part from the | 14 | | nominees of
any or all parties, and in part from | 15 | | independent candidates, and
in part of candidates whose | 16 | | names are written in by the voter;
| 17 | | (d) It enables a voter to vote a written or printed | 18 | | ticket
of his or her own selection for any person for any | 19 | | office for whom he or she
may desire to vote;
| 20 | | (e) It will reject all votes for an office or upon a
| 21 | | proposition when the voter has cast more votes for the | 22 | | office or
upon the proposition than he or she is entitled | 23 | | to cast;
| 24 | | (e-5) It will identify when a voter has not voted for | 25 | | all statewide constitutional offices by indicating only to |
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| 1 | | the voter which office the voter under-voted (if the | 2 | | existing voting equipment cannot meet that under-vote | 3 | | notification requirement, the election authority may | 4 | | petition the State Board of Elections for an exemption from | 5 | | the under-vote notification requirement; all election | 6 | | authorities shall have voting systems compatible with the | 7 | | under-vote notification requirement by the 2014 general | 8 | | primary election) ; and
| 9 | | (f) It will accommodate all propositions to be | 10 | | submitted to
the voters in the form provided by law or, | 11 | | where no form is
provided, then in brief form, not to | 12 | | exceed 75 words.
| 13 | | The State Board of Elections shall not approve any voting | 14 | | equipment or system that includes an external Infrared Data | 15 | | Association (IrDA) communications port.
| 16 | | The State Board of Elections is authorized to withdraw its
| 17 | | approval of a Precinct Tabulation Optical Scan Technology | 18 | | voting
system if the system fails to fulfill the above | 19 | | requirements.
| 20 | | The vendor, person, or other private entity shall be solely | 21 | | responsible for the production and cost of: all application | 22 | | fees; all ballots; additional temporary workers; and other | 23 | | equipment or facilities needed and used in the testing of the | 24 | | vendor's, person's, or other private entity's respective | 25 | | equipment and software.
| 26 | | Any voting system vendor, person, or other private entity |
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| 1 | | seeking the State Board of Elections' approval of a voting | 2 | | system shall, as part of the approval application, submit to | 3 | | the State Board a non-refundable fee. The State Board of | 4 | | Elections by rule shall establish an appropriate fee structure, | 5 | | taking into account the type of voting system approval that is | 6 | | requested (such as approval of a new system, a modification of | 7 | | an existing system, the size of the modification, etc.). No | 8 | | voting system or modification of a voting system shall be | 9 | | approved unless the fee is paid.
| 10 | | No vendor, person, or other entity may sell, lease, or | 11 | | loan, or have a written contract, including a contract | 12 | | contingent upon State Board approval of the voting system or | 13 | | voting system component, to sell, lease, or loan, a
voting | 14 | | system or Precinct Tabulation Optical Scan Technology
voting | 15 | | system component to any election jurisdiction unless the
voting | 16 | | system or voting system component is first approved by the
| 17 | | State Board of Elections pursuant to this Section.
| 18 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 19 | | (10 ILCS 5/24B-20)
| 20 | | Sec. 24B-20. Voting Defect Identification
Capabilities. | 21 | | An election authority is
required to use the Voting Defect | 22 | | Identification capabilities of
the
automatic tabulating | 23 | | equipment when used in-precinct, including both the capability | 24 | | of identifying an under-vote (by indicating only to the voter | 25 | | which office the voter under-voted) and the capability of |
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| 1 | | identifying an over-vote. If the existing voting equipment | 2 | | cannot meet that under-vote notification requirement, the | 3 | | election authority may petition the State Board of Elections | 4 | | for an exemption from the under-vote notification requirement. | 5 | | All election authorities shall have voting systems compatible | 6 | | with the under-vote notification requirement by the 2014 | 7 | | general primary election.
| 8 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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