Full Text of SB1697 94th General Assembly
SB1697eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-15, 12-1,
17-9, 18-5, 24A-10, 24A-10.1, 24A-15.1, | 6 |
| 24B-10, and 24B-15.1 and by adding Article 19A and Sections | 7 |
| 19A-5, 19A-10, 19A-15, 19A-20, 19A-25, 19A-25.5, 19A-30, | 8 |
| 19A-35, 19A-40, 19A-45, 19A-50, 19A-55, 19A-60, 19A-65, | 9 |
| 19A-70, and 19A-75 as
follows:
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| (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
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| Sec. 7-15. At least 60 days prior to each general and | 12 |
| consolidated primary,
the election authority shall provide | 13 |
| public notice, calculated to reach
elderly and handicapped | 14 |
| voters, of the availability of registration and
voting aids | 15 |
| under the Federal Voting Accessibility for the Elderly and
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| Handicapped Act, of the availability of assistance in marking | 17 |
| the ballot,
and procedures for voting by absentee ballot , and | 18 |
| procedures for early
voting
by personal appearance .
At least 20 | 19 |
| days before the general primary the county
clerk of each | 20 |
| county, and not more than 30 nor less than 10 days before
the | 21 |
| consolidated primary the election authority, shall prepare in | 22 |
| the
manner provided in this Act, a notice of such primary which | 23 |
| notice shall
state the time and place of holding the primary, | 24 |
| the hours during which
the polls will be open, the offices for | 25 |
| which candidates will be
nominated at such primary and the | 26 |
| political parties entitled to
participate therein, | 27 |
| notwithstanding that no candidate of any such
political party | 28 |
| may be entitled to have his name printed on the primary
ballot. | 29 |
| Such notice shall also include the list of addresses of
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| precinct polling places for the consolidated primary unless | 31 |
| such list is
separately published by the election authority not | 32 |
| less than 10 days
before the consolidated primary.
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| In counties, municipalities, or towns having fewer than | 2 |
| 500,000
inhabitants notice of the general primary shall be | 3 |
| published once in two
or more newspapers published in the | 4 |
| county, municipality or town, as the
case may be, or if there | 5 |
| is no such newspaper, then in any two or more
newspapers | 6 |
| published in the county and having a general circulation
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| throughout the community.
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| In counties, municipalities, or towns having 500,000 or | 9 |
| more
inhabitants notice of the general primary shall be | 10 |
| published at least 15
days prior to the primary by the same | 11 |
| authorities and in the same manner
as notice of election for | 12 |
| general elections are required to be published
in counties, | 13 |
| municipalities or towns of 500,000 or more inhabitants
under | 14 |
| this Act.
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| Notice of the consolidated primary shall be published once | 16 |
| in one or
more newspapers published in each political | 17 |
| subdivision having such
primary, and if there is no such | 18 |
| newspaper, then published once in a
local, community newspaper | 19 |
| having general circulation in the
subdivision, and also once in | 20 |
| a newspaper published in the county
wherein the political | 21 |
| subdivisions, or portions thereof, having such
primary are | 22 |
| situated.
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| (Source: P.A. 84-808.)
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| (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
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| Sec. 12-1. At least 60 days prior to each general and | 26 |
| consolidated election,
the election authority shall provide | 27 |
| public notice, calculated to reach
elderly and handicapped | 28 |
| voters, of the availability of registration and
voting aids | 29 |
| under the Federal Voting Accessibility for the Elderly and
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| Handicapped Act, of the availability of assistance in marking | 31 |
| the ballot,
and procedures for voting by absentee ballot , and | 32 |
| procedures for voting
early by personal appearance .
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| At least 30 days before any general election, and at least | 34 |
| 20 days
before any special congressional election, the
county | 35 |
| clerk shall publish a notice of the election in 2 or more
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| newspapers published in the county, city, village,
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| incorporated town or town, as the case may be, or if there is | 3 |
| no such
newspaper, then in any 2 or more newspapers published | 4 |
| in the
county and having a general circulation throughout the | 5 |
| community. The
notice may be substantially as follows:
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| Notice is hereby given that on (give date), at (give the | 7 |
| place of
holding the election and the name of the precinct or | 8 |
| district) in the
county of (name county), an election will be | 9 |
| held for (give the title of
the several offices to be filled), | 10 |
| which election will be open at 6:00
a.m. and continued open | 11 |
| until 7:00 p.m. of that day.
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| Dated at .... on (insert date).
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| (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)
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| (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
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| Sec. 17-9. Any person desiring to vote shall give his name | 16 |
| and, if
required to do so, his residence to the judges of | 17 |
| election, one of whom
shall thereupon announce the same in a | 18 |
| loud and distinct tone of voice,
clear, and audible; the judges | 19 |
| of elections shall check each application
for ballot against | 20 |
| the list of voters registered in that precinct to
whom absentee
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| or early
ballots have been issued for that election, which | 22 |
| shall be
provided by the election authority and which list | 23 |
| shall be available for
inspection by pollwatchers. A voter | 24 |
| applying to vote in the
precinct on election day whose name | 25 |
| appears on the list as having
been issued an absentee
or early
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| ballot shall not be permitted to vote in the
precinct unless | 27 |
| that voter submits to the judges of election, for
cancellation | 28 |
| or revocation, his
absentee
ballot. In the case that the | 29 |
| voter's absentee
ballot is not present
in the polling place, it | 30 |
| shall be sufficient for any such voter to submit to
the judges | 31 |
| of election in lieu of his absentee
ballot, either a portion
of | 32 |
| such ballot if torn or mutilated, an affidavit executed before | 33 |
| the
judges of election specifying that the voter never received | 34 |
| an absentee
ballot, or an affidavit executed before the judges | 35 |
| of election specifying
that the voter desires to cancel or |
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| revoke any absentee
ballot that may have
been cast in the | 2 |
| voter's name . All applicable provisions of Articles
4, 5 or 6 | 3 |
| shall be complied with and if such name is found on the | 4 |
| register of
voters by the
officer having charge thereof, he | 5 |
| shall likewise repeat said name, and
the voter shall be allowed | 6 |
| to enter within the proximity of the voting
booths, as above | 7 |
| provided. One of the judges shall give the voter one,
and only | 8 |
| one of each ballot to be voted at the election, on the back of
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| which ballots such judge shall indorse his initials in such | 10 |
| manner that
they may be seen when each such ballot is properly | 11 |
| folded, and the
voter's name shall be immediately checked on | 12 |
| the register list. In those
election jurisdictions where | 13 |
| perforated ballot cards are utilized of the
type on which | 14 |
| write-in votes can be cast above the perforation, the election
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| authority shall provide a space both above and below the | 16 |
| perforation for
the judge's initials, and the judge shall | 17 |
| endorse his or her initials in
both spaces. Whenever
a proposal | 18 |
| for a constitutional amendment or for the calling of a
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| constitutional convention is to be voted upon at the election, | 20 |
| the
separate blue ballot or ballots pertaining thereto shall, | 21 |
| when being
handed to the voter, be placed on top of the other | 22 |
| ballots to be voted
at the election in such manner that the | 23 |
| legend appearing on the back
thereof, as prescribed in Section | 24 |
| 16-6 of this Act, shall be plainly
visible to the voter. At all | 25 |
| elections, when a registry may be
required, if the name of any | 26 |
| person so desiring to vote at such election
is not found on the | 27 |
| register of voters, he or she shall not receive a ballot
until | 28 |
| he or she shall have complied with the law prescribing the | 29 |
| manner and
conditions of voting by unregistered voters. If any | 30 |
| person desiring to
vote at any election shall be challenged, he | 31 |
| or she shall not receive a ballot
until he or she shall have | 32 |
| established his right to vote in the manner provided
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| hereinafter; and if he or she shall be challenged after he has | 34 |
| received his
ballot, he shall not be permitted to vote until he | 35 |
| or she has fully complied
with such requirements of the law | 36 |
| upon being challenged. Besides the
election officer, not more |
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| than 2 voters in excess of the whole number
of voting booths | 2 |
| provided shall be allowed within the proximity of the voting
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| booths at one
time. The provisions of this Act, so far as they | 4 |
| require the
registration of voters as a condition to their | 5 |
| being allowed to vote
shall not apply to persons otherwise | 6 |
| entitled to vote, who are, at the
time of the election, or at | 7 |
| any time within 60 days prior to such
election have been | 8 |
| engaged in the military or naval service of the
United States, | 9 |
| and who appear personally at the polling place on
election day | 10 |
| and produce to the judges of election satisfactory evidence
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| thereof, but such persons, if otherwise qualified to vote, | 12 |
| shall be
permitted to vote at such election without previous | 13 |
| registration.
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| All such persons shall also make an affidavit which shall | 15 |
| be in
substantially the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ............... Precinct .......... Ward
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| I, ...., do solemnly swear (or affirm) that I am a citizen | 21 |
| of the
United States, of the age of 18 years or over, and that | 22 |
| within the past
60 days prior to the date of this election at | 23 |
| which I am applying to
vote, I have been engaged in the .... | 24 |
| (military or naval) service of the
United States; and I am | 25 |
| qualified to vote under and by virtue of the
Constitution and | 26 |
| laws of the State of Illinois, and that I am a legally
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| qualified voter of this precinct and ward except that I have, | 28 |
| because of
such service, been unable to register as a voter; | 29 |
| that I now reside at
.... (insert street and number, if any) in | 30 |
| this precinct and ward; that I
have maintained a legal | 31 |
| residence in this precinct and ward for 30 days
and in this | 32 |
| State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| The affidavit of any such person shall be supported by the | 2 |
| affidavit
of a resident and qualified voter of any such | 3 |
| precinct and ward, which
affidavit shall be in substantially | 4 |
| the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ........... Precinct ........... Ward
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| I, ...., do solemnly swear (or affirm), that I am a | 10 |
| resident of this
precinct and ward and entitled to vote at this | 11 |
| election; that I am
acquainted with .... (name of the | 12 |
| applicant); that I verily believe him
to be an actual bona fide | 13 |
| resident of this precinct and ward and that I
verily believe | 14 |
| that he or she has maintained a legal residence therein 30 days
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| and in this State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| All affidavits made under the provisions of this Section | 21 |
| shall be
enclosed in a separate envelope securely sealed, and | 22 |
| shall be
transmitted with the returns of the elections to the | 23 |
| county clerk or to
the board of election commissioners, who | 24 |
| shall preserve the said
affidavits for the period of 6 months, | 25 |
| during which period such
affidavits shall be deemed public | 26 |
| records and shall be freely open to
examination as such.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| Sec. 18-5. Any person desiring to vote and whose name is | 30 |
| found upon
the register of voters by the person having charge | 31 |
| thereof, shall then
be questioned by one of the judges as to | 32 |
| his nativity, his term of
residence at present address, | 33 |
| precinct, State and United States, his
age, whether naturalized |
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| and if so the date of naturalization papers and
court from | 2 |
| which secured, and he shall be asked to state his residence
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| when last previously registered and the date of the election | 4 |
| for which
he then registered. The judges of elections shall | 5 |
| check each application
for ballot against the list of voters | 6 |
| registered in that precinct to whom
absentee and early ballots | 7 |
| have been issued for that election, which shall
be provided
by | 8 |
| the election authority and which list shall be available for | 9 |
| inspection
by pollwatchers. A voter applying to vote in
the | 10 |
| precinct on
election day whose name appears on the list as | 11 |
| having been issued an absentee
or early ballot shall not be | 12 |
| permitted to vote in the precinct unless that
voter
submits to | 13 |
| the judges of election, for cancellation or revocation, his
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| absentee ballot. In the case that the voter's absentee ballot | 15 |
| is not
present in the polling place, it shall be
sufficient for | 16 |
| any such voter to submit to the judges of election in lieu
of | 17 |
| his absentee ballot, either a portion of such ballot if torn or
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| mutilated, an affidavit executed before the judges of election
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| specifying that the voter never received an absentee ballot, or | 20 |
| an
affidavit
executed before the judges of election specifying | 21 |
| that the voter desires to
cancel or revoke any absentee ballot | 22 |
| that may have been cast in
the voter's
name .
If such person
so | 23 |
| registered shall be challenged as disqualified, the party | 24 |
| challenging
shall assign his reasons therefor, and thereupon | 25 |
| one of the judges shall
administer to him an oath to answer | 26 |
| questions, and if he shall take the
oath he shall then be | 27 |
| questioned by the judge or judges touching such cause
of | 28 |
| challenge, and touching any other cause of disqualification. | 29 |
| And he may
also be questioned by the person challenging him in | 30 |
| regard to his
qualifications and identity. But if a majority of | 31 |
| the judges are of the
opinion that he is the person so | 32 |
| registered and a qualified voter, his vote
shall then be | 33 |
| received accordingly. But if his vote be rejected by such
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| judges, such person may afterward produce and deliver an | 35 |
| affidavit to such
judges, subscribed and sworn to by him before | 36 |
| one of the judges, in which
it shall be stated how long he has |
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| resided in such precinct, and state;
that he is a citizen of | 2 |
| the United States, and is a duly qualified voter in
such | 3 |
| precinct, and that he is the identical person so registered.
In | 4 |
| addition to such an affidavit, the person so challenged shall | 5 |
| provide
to the judges of election proof of residence by | 6 |
| producing 2 forms of
identification showing the person's | 7 |
| current residence address, provided
that such identification | 8 |
| to the person at his current residence address and
postmarked | 9 |
| not earlier than 30 days prior to the date of the
election, or | 10 |
| the person shall procure a witness personally known to the
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| judges of election, and resident in the precinct (or district), | 12 |
| or who
shall be proved by some legal voter of such precinct or | 13 |
| district, known to
the judges to be such, who shall take the | 14 |
| oath following, viz:
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| I do solemnly swear (or affirm) that I am a resident of | 16 |
| this election
precinct (or district), and entitled to vote at | 17 |
| this election, and that I
have been a resident of this State | 18 |
| for 30 days last past, and am well
acquainted with the person | 19 |
| whose vote is now offered; that he is an actual
and bona fide | 20 |
| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, | 22 |
| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the | 24 |
| judges of
election, or by any officer, resident in the precinct | 25 |
| or district,
authorized by law to administer oaths. Also | 26 |
| supported by an affidavit by a
registered voter residing in | 27 |
| such precinct, stating his own residence, and
that he knows | 28 |
| such person; and that he does reside at the place mentioned
and | 29 |
| has resided in such precinct and state for the length of time | 30 |
| as stated
by such person, which shall be subscribed and sworn | 31 |
| to in the same way.
Whereupon the vote of such person shall be | 32 |
| received, and entered as other
votes. But such judges, having | 33 |
| charge of such registers, shall state in
their respective books | 34 |
| the facts in such case, and the affidavits, so
delivered to the | 35 |
| judges, shall be preserved and returned to the office of
the | 36 |
| commissioners of election. Blank affidavits of the character |
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| aforesaid
shall be sent out to the judges of all the precincts, | 2 |
| and the judges of
election shall furnish the same on demand and | 3 |
| administer the oaths without
criticism. Such oaths, if | 4 |
| administered by any other officer than such judge
of election, | 5 |
| shall not be received. Whenever a proposal for a
constitutional | 6 |
| amendment or for the calling of a constitutional convention
is | 7 |
| to be voted upon at the election, the separate blue ballot or | 8 |
| ballots
pertaining thereto shall be placed on top of the other | 9 |
| ballots to be voted
at the election in such manner that the | 10 |
| legend appearing on the back
thereof, as prescribed in Section | 11 |
| 16-6 of this Act, shall be plainly
visible to the voter, and in | 12 |
| this fashion the ballots shall be handed to
the voter by the | 13 |
| judge.
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| The voter shall, upon quitting the voting booth, deliver to | 15 |
| one of
the judges of election all of the ballots, properly | 16 |
| folded, which he
received. The judge of election to whom the | 17 |
| voter delivers his ballots
shall not accept the same unless all | 18 |
| of the ballots given to the voter
are returned by him. If a | 19 |
| voter delivers less than all of the ballots
given to him, the | 20 |
| judge to whom the same are offered shall advise him in
a voice | 21 |
| clearly audible to the other judges of election that the voter
| 22 |
| must return the remainder of the ballots. The statement of the | 23 |
| judge to
the voter shall clearly express the fact that the | 24 |
| voter is not required
to vote such remaining ballots but that | 25 |
| whether or not he votes them he
must fold and deliver them to | 26 |
| the judge. In making such statement the
judge of election shall | 27 |
| not indicate by word, gesture or intonation of
voice that the | 28 |
| unreturned ballots shall be voted in any particular
manner. No | 29 |
| new voter shall be permitted to enter the voting booth of a
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| voter who has failed to deliver the total number of ballots | 31 |
| received by
him until such voter has returned to the voting | 32 |
| booth pursuant to the
judge's request and again quit the booth | 33 |
| with all of the ballots
required to be returned by him. Upon | 34 |
| receipt of all such ballots the
judges of election shall enter | 35 |
| the name of the voter, and his number, as
above provided in | 36 |
| this section, and the judge to whom the ballots are
delivered |
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| shall immediately put the ballots into the ballot box. If any
| 2 |
| voter who has failed to deliver all the ballots received by him | 3 |
| refuses
to return to the voting booth after being advised by | 4 |
| the judge of
election as herein provided, the judge shall | 5 |
| inform the other judges of
such refusal, and thereupon the | 6 |
| ballot or ballots returned to the judge
shall be deposited in | 7 |
| the ballot box, the voter shall be permitted to
depart from the | 8 |
| polling place, and a new voter shall be permitted to
enter the | 9 |
| voting booth.
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| The judge of election who receives the ballot or ballots | 11 |
| from the
voter shall announce the residence and name of such | 12 |
| voter in a loud
voice. The judge shall put the ballot or | 13 |
| ballots received from the voter
into the ballot box in the | 14 |
| presence of the voter and the judges of
election, and in plain | 15 |
| view of the public. The judges having charge of
such registers | 16 |
| shall then, in a column prepared thereon, in the same
line of, | 17 |
| the name of the voter, mark "Voted" or the letter "V".
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| No judge of election shall accept from any voter less than | 19 |
| the full
number of ballots received by such voter without first | 20 |
| advising the
voter in the manner above provided of the | 21 |
| necessity of returning all of
the ballots, nor shall any such | 22 |
| judge advise such voter in a manner
contrary to that which is | 23 |
| herein permitted, or in any other manner
violate the provisions | 24 |
| of this section; provided, that the acceptance by
a judge of | 25 |
| election of less than the full number of ballots delivered to
a | 26 |
| voter who refuses to return to the voting booth after being | 27 |
| properly
advised by such judge shall not be a violation of this | 28 |
| Section.
| 29 |
| (Source: P.A. 89-653, eff. 8-14-96.)
| 30 |
| (10 ILCS 5/Art. 19A heading new)
| 31 |
| ARTICLE 19A. EARLY VOTING BY PERSONAL APPEARANCE | 32 |
| (10 ILCS 5/19A-5 new)
| 33 |
| Sec. 19A-5. Issuance of ballots; voting booths.
| 34 |
| (a) If a request is made to vote early by a registered |
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| voter in person, the
election
authority shall issue a ballot | 2 |
| for early voting to the voter. The ballot must
be voted on the
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| premises of the election authority and returned to the election | 4 |
| authority.
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| (b) On the dates for early voting prescribed in Section | 6 |
| 19A-15, each
election authority shall provide voting booths, | 7 |
| with suitable equipment for
voting, on the premises of the | 8 |
| election authority for use by registered voters
who are issued | 9 |
| ballots for early voting in accordance with this Section.
| 10 |
| (c) The election authority must maintain a list for each | 11 |
| election of the
voters to whom it has issued early ballots. The | 12 |
| list must be maintained for
each precinct within the election | 13 |
| authority's jurisdiction. Before the opening
of the polls on | 14 |
| election day, the
election authority shall deliver to the | 15 |
| judges of election in each precinct the
list of registered | 16 |
| voters who have voted by early ballot.
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| (10 ILCS 5/19A-10 new)
| 18 |
| Sec. 19A-10. Permanent polling places for early voting.
| 19 |
| (a) An election authority may establish permanent polling | 20 |
| places for early
voting by personal appearance at locations | 21 |
| throughout the election authority's
jurisdiction. Except as | 22 |
| otherwise provided in subsection (b), any person
entitled to | 23 |
| vote early by personal appearance may do so at any polling | 24 |
| place
established for early voting.
| 25 |
| (b) If it is impractical for the election authority to | 26 |
| provide at each
polling place for early voting a ballot in | 27 |
| every form required in the election
authority's jurisdiction, | 28 |
| the election authority may:
| 29 |
| (1) provide appropriate forms of ballots to the office | 30 |
| of the municipal
clerk in a municipality not having a board | 31 |
| of election commissioners; the
township clerk; or in | 32 |
| counties not under township organization, the road
| 33 |
| district clerk; and
| 34 |
| (2) limit voting at that polling place to registered | 35 |
| voters in that
municipality, ward or group of wards, |
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| township, or road district.
| 2 |
| (10 ILCS 5/19A-15 new)
| 3 |
| Sec. 19A-15. Period for early voting; hours.
| 4 |
| (a) The period for early voting by personal appearance | 5 |
| begins the third
Saturday preceding a general primary, | 6 |
| consolidated primary, consolidated, or
general election and | 7 |
| extends through the Thursday before election day, Sundays
and | 8 |
| holidays excepted.
| 9 |
| (b) The election authority may include any Sunday or | 10 |
| holiday that falls
within the period for early voting.
| 11 |
| (c) A permanent polling place for early voting must remain | 12 |
| open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 13 |
| to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | 14 |
| Saturdays. If the election authority includes a
Sunday or | 15 |
| holiday that falls within the period for early voting, the | 16 |
| permanent
polling place must remain open during the hours that | 17 |
| the election authority and
municipal clerk, township clerk, or | 18 |
| road district clerk establish.
| 19 |
| (10 ILCS 5/19A-20 new)
| 20 |
| Sec. 19A-20. Temporary branch polling places.
| 21 |
| (a) In addition to permanent polling places for early | 22 |
| voting, the election
authority may establish temporary branch | 23 |
| polling places for early voting.
| 24 |
| (b) The provisions of subsection (c) of Section 19A-15 do | 25 |
| not apply to a
temporary polling place. Voting at a temporary | 26 |
| branch polling place may be
conducted on any one or more days | 27 |
| and during any hours within the period for
early voting by | 28 |
| personal appearance that are determined by the election
| 29 |
| authority.
| 30 |
| (c) The schedules for conducting voting do not need to be | 31 |
| uniform among the
temporary branch polling places.
| 32 |
| (d) The legal rights and remedies which inure to the owner | 33 |
| or lessor of
private property are not impaired or otherwise | 34 |
| affected by the leasing of the
property for use as a temporary |
|
|
|
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| 1 |
| branch polling place for early voting, except
to the extent | 2 |
| necessary to conduct early voting at that location.
| 3 |
| (10 ILCS 5/19A-25 new)
| 4 |
| Sec. 19A-25. Schedule of locations and times for early | 5 |
| voting.
| 6 |
| (a) The election authority shall publish during the week | 7 |
| before the period
for early voting and at least once each week | 8 |
| during the period for early voting
in a newspaper of general | 9 |
| circulation in the election authority's jurisdiction
a | 10 |
| schedule stating:
| 11 |
| (1) the location of each permanent and temporary | 12 |
| polling place for early
voting and the precincts served by | 13 |
| each location; and
| 14 |
| (2) the dates and hours that early voting will be | 15 |
| conducted at each
location.
| 16 |
| (b) The election authority shall post a copy of the | 17 |
| schedule at the office
of any municipal clerk, township clerk, | 18 |
| or road district clerk that is to be used as a polling place | 19 |
| for early voting. The
schedule must be posted continuously for | 20 |
| a period beginning not later than the
5th day before the first | 21 |
| day of the
period for early voting by personal appearance and | 22 |
| ending on the last day of
that period.
| 23 |
| (c) The election authority must make copies of the schedule | 24 |
| available to the
public in reasonable quantities without charge | 25 |
| during the period of posting.
| 26 |
| (d) If the election authority maintains a website, it shall | 27 |
| make the schedule available on its website.
| 28 |
| (e) No additional polling places for early voting may be | 29 |
| established after
the schedule is published under this Section.
| 30 |
| (10 ILCS 5/19A-25.5 new)
| 31 |
| Sec. 19A-25.5. Voting machines, automatic tabulating | 32 |
| equipment, and
precinct
tabulation optical scan technology | 33 |
| voting equipment.
| 34 |
| (a) In all jurisdictions in which voting machines are used, |
|
|
|
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| 1 |
| the provisions
of this Code that are not inconsistent with this | 2 |
| Article relating to the
furnishing of ballot boxes, printing | 3 |
| and furnishing ballots and supplies, the
canvassing of ballots, | 4 |
| and the making of returns, apply with full force and
effect to | 5 |
| the extent necessary to make this Article effective, provided | 6 |
| that
the number of ballots to be printed shall be in the | 7 |
| discretion of the election
authority.
| 8 |
| (b) If the election authority has adopted the use of | 9 |
| automatic tabulating
equipment under Article 24A of this Code, | 10 |
| and the provisions of that Article
are in conflict with the
| 11 |
| provisions of this Article 19A, the provisions of Article 24A | 12 |
| shall govern the
procedures followed by the election authority, | 13 |
| its judges of election, and all
employees and agents.
| 14 |
| (c) If the election authority has adopted the use of | 15 |
| precinct tabulation
optical scan technology voting equipment | 16 |
| under Article 24B of this Code, and
the provisions of that | 17 |
| Article are in conflict with the provisions of this
Article | 18 |
| 19A, the provisions of Article 24B shall govern the procedures | 19 |
| followed
by the election authority, its judges of election, and | 20 |
| all employees and
agents.
| 21 |
| (d) If the election authority has adopted the use of Direct | 22 |
| Recording Electronic Voting Systems under Article 24C of this | 23 |
| Code, and the provisions of that Article are in conflict with | 24 |
| the provisions of this Article 19A, the provisions of Article | 25 |
| 24C shall govern the procedures followed by the election | 26 |
| authority, its judges of election, and all employees and | 27 |
| agents.
| 28 |
| (10 ILCS 5/19A-30 new)
| 29 |
| Sec. 19A-30. Appointment of election officials.
| 30 |
| (a) The election authority must appoint an employee or | 31 |
| designate a municipal clerk, township clerk, or road district | 32 |
| clerk to serve as the election
official in charge of each | 33 |
| polling place for early voting.
| 34 |
| (b) The election authority may also appoint as many | 35 |
| additional election
officials as it deems necessary for the |
|
|
|
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| 1 |
| proper conduct of the election.
| 2 |
| (10 ILCS 5/19A-35 new)
| 3 |
| Sec. 19A-35. Procedure for voting.
| 4 |
| (a) Not more than 23 days before the start of early voting, | 5 |
| the county clerk
shall make available to the election authority | 6 |
| conducting early voting by
personal
appearance a sufficient | 7 |
| number of early ballots, envelopes, and printed voting
| 8 |
| instruction slips for the use of early voters. The election | 9 |
| authority shall
receipt for all ballots received and shall | 10 |
| return unused or spoiled ballots at
the close of the early | 11 |
| voting period to the county clerk and must strictly
account for | 12 |
| all ballots received. The ballots delivered to the election
| 13 |
| authority must include early ballots for each precinct in the | 14 |
| election
authority's jurisdiction and must include separate | 15 |
| ballots for each political
subdivision conducting an election | 16 |
| of officers or a referendum at that
election.
| 17 |
| (b) In conducting early voting under this Article, the | 18 |
| election official is
not required to verify the signature of | 19 |
| the early voter by comparison with the
signature on the
| 20 |
| official registration card, however, the official must verify | 21 |
| (i) the identity
of the applicant, (ii) that the applicant is a | 22 |
| registered voter, (iii) the
precinct in which the applicant is | 23 |
| registered, and (iv) the proper ballots of
the political | 24 |
| subdivision in which the applicant resides and is entitled to
| 25 |
| vote before providing an early ballot to the applicant. The | 26 |
| election official
must verify the applicant's registration | 27 |
| from the most recent poll list
provided by the
election | 28 |
| authority, and if the applicant is not listed on that poll | 29 |
| list, by
telephoning the office of the election authority.
| 30 |
| (c) The sealed early ballots in their carrier envelope | 31 |
| shall be delivered by
the election officials to the proper | 32 |
| polling place before the close of the
polls on the day of the | 33 |
| election.
| 34 |
| (10 ILCS 5/19A-40 new)
|
|
|
|
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| 1 |
| Sec. 19A-40. Enclosure of ballots in envelope.
| 2 |
| It is the duty of the election authority to fold the
ballot | 3 |
| or ballots in the manner specified by the statute for folding
| 4 |
| ballots prior to their deposit in the ballot box, and to | 5 |
| enclose the
ballot or ballots in an envelope unsealed to be | 6 |
| furnished by him, which
envelope shall bear upon the face | 7 |
| thereof the name, official title, and
post office address of | 8 |
| the election authority, and upon the other side
a printed | 9 |
| certification in substantially the
following form:
| 10 |
| I state that I am a resident of the .... precinct of the | 11 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 12 |
| the city of
.... residing at .... in that city or town in the | 13 |
| county of .... and
State of Illinois, that I have lived at that | 14 |
| address for .... months
last past; that I am lawfully entitled | 15 |
| to vote in that precinct at the
.... election to be held on | 16 |
| .... .
| 17 |
| *fill in either (1), (2) or (3).
| 18 |
| I further state that I personally marked the enclosed | 19 |
| ballot in secret.
| 20 |
| Under penalties of perjury as provided by law pursuant to | 21 |
| Section 29-10
of the Election Code, the undersigned certifies | 22 |
| that the statements set
forth in this certification are true | 23 |
| and correct.
| 24 |
| .......................
| 25 |
| If the ballot enclosed is to be voted at a primary
| 26 |
| election, the certification shall designate the name of the | 27 |
| political
party with which the voter is affiliated.
| 28 |
| In addition to the above, the election authority shall | 29 |
| provide
printed slips giving full instructions regarding the | 30 |
| manner of marking
and returning the ballot in order that the | 31 |
| same may be counted, and
shall furnish one of the printed slips | 32 |
| to each of such applicants at
the same time the ballot is | 33 |
| delivered to him or her.
The instructions shall include the | 34 |
| following statement: "In signing the
certification on the early | 35 |
| ballot envelope, you are attesting that you
personally marked | 36 |
| this early ballot in secret.
If you are physically unable to |
|
|
|
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|
| 1 |
| mark the ballot, a friend or relative may
assist you. Federal | 2 |
| and State laws prohibit your employer, your employer's
agent, | 3 |
| or an officer or agent of your union from assisting physically | 4 |
| disabled
voters."
| 5 |
| In addition to the above, if a ballot to be provided to a | 6 |
| voter
pursuant to this Section contains a public question | 7 |
| described in subsection
(b) of Section 28-6 and the territory | 8 |
| concerning which the question is
to be submitted is not | 9 |
| described on the ballot due to the space limitations
of the | 10 |
| ballot, the election authority shall provide a printed copy of
| 11 |
| a notice of the public question, which shall include a | 12 |
| description of the
territory in the manner required by Section | 13 |
| 16-7. The notice shall be
furnished to the voter at the same | 14 |
| time the ballot is delivered to the
voter.
| 15 |
| (10 ILCS 5/19A-45 new)
| 16 |
| Sec. 19A-45. Certification. The voter shall make and | 17 |
| subscribe the
certification provided for on the return envelope | 18 |
| of the ballot, and the ballot
or ballots shall be folded by the | 19 |
| voter in the manner required to be folded
before
depositing the | 20 |
| ballot in the ballot box, and shall be deposited in the | 21 |
| envelope
and the envelope securely sealed. The voter shall then | 22 |
| endorse his or her
certificate on the back of the envelope and | 23 |
| the envelope shall be returned to
the election official | 24 |
| conducting the early voting.
| 25 |
| (10 ILCS 5/19A-50 new)
| 26 |
| Sec. 19A-50. Receipt of ballots. Upon receipt of the | 27 |
| voter's ballot, the
election official shall enclose the | 28 |
| unopened ballot in a large or carrier
envelope that shall be | 29 |
| securely sealed and endorsed with the name and official
title | 30 |
| of the election official and the words, "This envelope contains | 31 |
| a ballot
and must be opened on election day", together with the | 32 |
| number and description
of the precinct in which the ballot is | 33 |
| to be voted, and the election authority
shall safely keep the | 34 |
| envelope in its office until delivered to the judges of
|
|
|
|
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|
| 1 |
| election as provided in Section 19A-35.
| 2 |
| (10 ILCS 5/19A-55 new)
| 3 |
| Sec. 19A-55. Casting the ballots.
| 4 |
| At the close of the regular balloting and at the close of | 5 |
| the
polls the judges of election of each voting precinct shall | 6 |
| proceed to cast the
early voter's ballot separately, and as | 7 |
| each early voter's ballot is taken
shall open the outer or | 8 |
| carrier envelope, announce the early voter's name, and
compare | 9 |
| the signature upon the official registration card with the | 10 |
| signature
upon the
certification on the ballot envelope. In | 11 |
| case the judges find the
certification properly executed, that | 12 |
| the signatures correspond, that the
applicant is a duly | 13 |
| qualified voter in the precinct, and the voter has
not been | 14 |
| present and voted
on the election day, they shall open the | 15 |
| envelope
containing the early voter's ballot in a manner that | 16 |
| does not deface or
destroy the certification thereon, or mark | 17 |
| or tear the ballots therein and
take out the ballot or ballots | 18 |
| therein contained without unfolding or
permitting the same to | 19 |
| be unfolded or examined, and having endorsed the
ballot in like | 20 |
| manner as other ballots are required to be endorsed, shall
| 21 |
| deposit the same in the proper ballot box or boxes and enter | 22 |
| the early
voter's name in the poll book the same as if he or she | 23 |
| had voted on election
day.
The judges shall place the early | 24 |
| ballot certification
envelopes in a separate envelope as per | 25 |
| the direction of the election
authority. The envelope | 26 |
| containing the early ballot certification
envelopes shall be | 27 |
| returned to the election authority and preserved in like
manner | 28 |
| as the official poll record.
| 29 |
| In case the signatures do not correspond, or the applicant | 30 |
| is not
a duly qualified voter in the precinct or the ballot | 31 |
| envelope is
open or has been opened and resealed, or the voter | 32 |
| has
voted on election day, the
previously cast
vote shall not | 33 |
| be allowed, but without opening the early voter's envelope
the | 34 |
| judge of the election shall mark across the face thereof, | 35 |
| "Rejected",
giving the reason therefor.
|
|
|
|
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|
| 1 |
| In case the ballot envelope contains more than one ballot | 2 |
| of any kind,
the ballots shall not be counted, but shall be | 3 |
| marked "Rejected", giving
the reason therefor.
| 4 |
| The early voters' envelopes and affidavits and the early | 5 |
| voters'
envelope with its contents unopened, when the early | 6 |
| vote is rejected,
shall be retained and preserved in the manner | 7 |
| as now provided for the
retention and preservation of official | 8 |
| ballots rejected at the election.
| 9 |
| (10 ILCS 5/19A-60 new)
| 10 |
| Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed | 11 |
| to observe early
voting by personal appearance at each | 12 |
| permanent and temporary polling place
where early voting is | 13 |
| conducted. The pollwatchers shall qualify and be
appointed in | 14 |
| the same manner as provided in Sections 7-34 and 17-23, except
| 15 |
| that
each candidate, political party, or organization of | 16 |
| citizens may appoint only
one pollwatcher for each location | 17 |
| where early voting by
personal appearance is conducted. | 18 |
| Pollwatchers must be residents of the county
and possess valid | 19 |
| pollwatcher credentials.
| 20 |
| In the polling place on election day, pollwatchers are | 21 |
| permitted to be
present during the casting of the early ballots | 22 |
| and the vote of an early voter
may be challenged for cause the | 23 |
| same as if the voter were present and voted on
election day. | 24 |
| The judges of election, or a majority of them, have the power
| 25 |
| and authority to hear and determine the legality of the early | 26 |
| ballot, provided,
however, that if a challenge to any early | 27 |
| voter's right to vote is sustained,
notice of the challenge | 28 |
| must be given by the judges of election by mail
addressed to | 29 |
| the voter's place of residence.
| 30 |
| (10 ILCS 5/19A-65 new)
| 31 |
| Sec. 19A-65. Death of voter before opening of polls. | 32 |
| Whenever due proof
is made to the judges of election that any | 33 |
| voter who has marked an early ballot
as provided in this | 34 |
| Article has died before the opening of the polls on the
date of |
|
|
|
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|
| 1 |
| the election, the ballot of the deceased voter shall be | 2 |
| returned by the
judges of election in the same manner provided | 3 |
| for rejected ballots; but the
casting of the ballot of a | 4 |
| deceased voter shall not invalidate the election.
| 5 |
| (10 ILCS 5/19A-70 new)
| 6 |
| Sec. 19A-70. Advertising or campaigning in proximity of | 7 |
| polling place;
penalty. During the period prescribed in Section | 8 |
| 19A-15 for early voting by
personal appearance, no advertising | 9 |
| pertaining to any candidate or proposition
to be voted on may | 10 |
| be displayed in or within 100 feet of any polling place used
by | 11 |
| voters under this Article. No person may engage in | 12 |
| electioneering in or
within 100 feet of any polling place used | 13 |
| by voters under this Article.
| 14 |
| Any person who violates this Section may be punished for | 15 |
| contempt of court.
| 16 |
| (10 ILCS 5/19A-75 new)
| 17 |
| Sec. 19A-75. Early voting in jurisdictions using Direct | 18 |
| Recording Electronic Voting Systems under Article 24C. | 19 |
| Election authorities that have adopted for use Direct Recording | 20 |
| Electronic Voting Systems under Article 24C may either use | 21 |
| those voting systems to conduct early voting or use whatever | 22 |
| method the election authority uses for absentee balloting | 23 |
| conducted by mail. | 24 |
| (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| 25 |
| Sec. 24A-10. (1) In an election jurisdiction which has | 26 |
| adopted an
electronic voting system, the election official in | 27 |
| charge of the
election shall select one of the 3 following | 28 |
| procedures for receiving,
counting, tallying, and return of the | 29 |
| ballots:
| 30 |
| (a) Two ballot boxes shall be provided for each polling | 31 |
| place. The
first ballot box is for the depositing of votes cast | 32 |
| on the electronic
voting system; and the second ballot box is | 33 |
| for all votes cast on paper
ballots, including absentee paper |
|
|
|
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|
| 1 |
| and early paper ballots and any other
paper ballots
required to | 2 |
| be voted other than on the electronic voting system.
Ballots, | 3 |
| except absentee and early ballots for candidates and | 4 |
| propositions
which
are listed on the electronic voting system, | 5 |
| deposited in the second
ballot box shall be counted, tallied, | 6 |
| and returned as is elsewhere
provided in "The Election Code," | 7 |
| as amended, for the counting and
handling of paper ballots. | 8 |
| Immediately after the closing of the polls
the absentee and | 9 |
| early ballots delivered to the precinct judges of election
by | 10 |
| the
election official in charge of the election shall be | 11 |
| examined to
determine that such ballots comply with Sections | 12 |
| 19-9 , 19A-55, and 20-9 of
"The
Election Code," as amended, and | 13 |
| are entitled to be deposited in the
ballot box provided | 14 |
| therefor; those entitled to be deposited in this
ballot box | 15 |
| shall be initialed by the precinct judges of election and
| 16 |
| deposited therein. Those not entitled to be deposited in this | 17 |
| ballot box
shall be marked "Rejected" and disposed of as | 18 |
| provided in Sections
19-9 , 19A-55, and 20-9. The precinct | 19 |
| judges of election shall then open the
second ballot box and | 20 |
| examine all paper absentee and early ballots which
are in
the | 21 |
| ballot box to determine whether the absentee and early ballots | 22 |
| bear the
initials of a precinct judge of election. If any | 23 |
| absentee or early ballot
is not
so initialed, it shall be | 24 |
| marked on the back "Defective," initialed as
to such label by | 25 |
| all judges immediately under such word "Defective," and
not | 26 |
| counted, but placed in the envelope provided for that purpose
| 27 |
| labeled "Defective Ballots Envelope." The judges of election, | 28 |
| consisting
in each case of at least one judge of election of | 29 |
| each of the two major
political parties, shall examine the | 30 |
| paper absentee and early ballots which
were
in such ballot box | 31 |
| and properly initialed so as to determine whether the
same | 32 |
| contain write-in votes. Write-in votes, not causing an overvote | 33 |
| for
an office otherwise voted for on the paper absentee or | 34 |
| early ballot, and
otherwise properly voted, shall be counted, | 35 |
| tallied and recorded on the
tally sheet provided for such | 36 |
| record. A write-in vote causing an
overvote for an office shall |
|
|
|
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|
| 1 |
| not be counted for that office, but the
precinct judges shall | 2 |
| mark such paper or early absentee ballot "Objected
To" on
the | 3 |
| back thereof and write on its back the manner in which such | 4 |
| ballot
is counted and initial the same. An overvote for one | 5 |
| office shall
invalidate only the vote or count of that | 6 |
| particular office. After
counting, tallying and recording the | 7 |
| write-in votes on absentee and early
ballots,
the judges of | 8 |
| election, consisting in each case of at least one judge of
| 9 |
| election of each of the two major political parties, shall make | 10 |
| a true
duplicate ballot of the remaining valid votes on each | 11 |
| paper absentee or
early
ballot which was in the ballot box and | 12 |
| properly initialed, by using the
electronic voting system used | 13 |
| in the precinct and one of the marking
devices of the precinct | 14 |
| so as to transfer the remaining valid votes of
the voter on the | 15 |
| paper absentee ballot to an official ballot or a ballot
card of | 16 |
| that kind used in the precinct at that election. The original
| 17 |
| paper absentee or early ballot shall be clearly labeled | 18 |
| "Absentee Ballot"
or "Early Ballot", as the case may be, and | 19 |
| the
ballot card so produced "Duplicate Absentee Ballot , " or | 20 |
| "Duplicate Early
Ballot", as the case may be, and each shall | 21 |
| bear
the same serial number which shall be placed thereon by | 22 |
| the judges of
election, commencing with number 1 and continuing | 23 |
| consecutively for the
ballots of that kind in that precinct. | 24 |
| The judges of election shall
initial the "Duplicate Absentee | 25 |
| Ballot" and "Duplicate Early Ballot"
ballots or ballot cards | 26 |
| and
shall place them in the first ballot box provided for | 27 |
| return of the
ballots to be counted at the central counting | 28 |
| location in lieu of the
paper absentee and early ballots. The | 29 |
| paper absentee and early ballots
shall be
placed in an
envelope | 30 |
| provided for that purpose labeled "Duplicate Ballots."
| 31 |
| As soon as the absentee and early ballots have been | 32 |
| deposited in the
first
ballot box, the judges of election shall | 33 |
| make out a slip indicating the
number of persons who voted in | 34 |
| the precinct at the election. Such slip
shall be signed by all | 35 |
| the judges of election and shall be inserted by
them in the | 36 |
| first ballot box. The judges of election shall thereupon
|
|
|
|
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|
| 1 |
| immediately lock the first ballot box; provided, that if
such | 2 |
| box is not of a type which may be securely locked, such box | 3 |
| shall be
sealed with filament tape provided for such purpose
| 4 |
| which shall be wrapped around the box lengthwise and crosswise, | 5 |
| at least
twice each way, and in such manner that the seal | 6 |
| completely covers the
slot in the ballot box, and each of the | 7 |
| judges shall sign such seal. Thereupon
two of the judges of | 8 |
| election, of different political parties, shall
forthwith and | 9 |
| by the most direct route transport both ballot boxes to
the | 10 |
| counting location designated by the county clerk or board of
| 11 |
| election commissioners.
| 12 |
| Before the ballots of a precinct are fed to the electronic | 13 |
| tabulating
equipment, the first ballot box shall be opened at | 14 |
| the central counting
station by the two precinct transport | 15 |
| judges. Upon opening a ballot box,
such team shall first count | 16 |
| the number of ballots in the box. If 2 or
more are folded | 17 |
| together so as to appear to have been cast by the same
person, | 18 |
| all of the ballots so folded together shall be marked and
| 19 |
| returned with the other ballots in the same condition, as near | 20 |
| as may
be, in which they were found when first opened, but | 21 |
| shall not be
counted. If the remaining ballots are found to | 22 |
| exceed the number of
persons voting in the precinct as shown by | 23 |
| the slip signed by the judges
of election, the ballots shall be | 24 |
| replaced in the box, and the box
closed and well shaken and | 25 |
| again opened and one of the precinct
transport judges shall | 26 |
| publicly draw out so many ballots unopened as are
equal to such | 27 |
| excess.
| 28 |
| Such excess ballots shall be marked "Excess-Not Counted" | 29 |
| and signed
by the two precinct transport judges and shall be | 30 |
| placed in the "After
7:00 p.m. Defective Ballots Envelope". The | 31 |
| number of excess ballots
shall be noted in the remarks section | 32 |
| of the Certificate of Results.
"Excess" ballots shall not be | 33 |
| counted in the total of "defective"
ballots.
| 34 |
| The precinct transport judges shall then examine the | 35 |
| remaining
ballots for write-in votes and shall count and | 36 |
| tabulate the write-in
vote; or
|
|
|
|
SB1697 Engrossed |
- 24 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| (b) A single ballot box, for the deposit of all votes cast, | 2 |
| shall be
used. All ballots which are not to be tabulated on the | 3 |
| electronic voting
system shall be counted, tallied, and | 4 |
| returned as elsewhere provided in
"The Election Code," as | 5 |
| amended, for the counting and handling of paper
ballots.
| 6 |
| All ballots to be processed and tabulated with the | 7 |
| electronic voting
system shall be processed as follows:
| 8 |
| Immediately after the closing of the polls the absentee and | 9 |
| early ballots
delivered to the precinct judges of election by | 10 |
| the election official in
charge of the election shall be | 11 |
| examined to determine that such ballots
comply with Sections | 12 |
| 19-9 , 19A-55, and 20-9 of "The Election Code," as
amended,
and | 13 |
| are entitled to be deposited in the ballot box; those entitled | 14 |
| to be
deposited in the ballot box shall be initialed by the | 15 |
| precinct judges of
election and deposited in the ballot box. | 16 |
| Those not entitled to be
deposited in the ballot box shall be | 17 |
| marked "Rejected" and disposed of
as provided in said Sections | 18 |
| 19-9 , 19A-55, and 20-9. The precinct judges of
election then | 19 |
| shall open the ballot box and canvass the votes polled to
| 20 |
| determine that the number of ballots therein agree with the | 21 |
| number of
voters voting as shown by the applications for ballot | 22 |
| or if the same do
not agree the judges of election shall make | 23 |
| such ballots agree with the
applications for ballot in the | 24 |
| manner provided by Section 17-18 of "The
Election Code." The | 25 |
| judges of election shall then examine all paper
absentee and | 26 |
| early ballots, ballot cards and ballot card envelopes which
are | 27 |
| in
the ballot box to determine whether the paper ballots, | 28 |
| ballot cards and
ballot card envelopes bear the initials of a | 29 |
| precinct judge of election.
If any paper ballot, ballot card or | 30 |
| ballot card envelope is not
initialed, it shall be marked on | 31 |
| the back "Defective," initialed as to
such label by all judges | 32 |
| immediately under such word "Defective," and
not counted, but | 33 |
| placed in the envelope provided for that purpose
labeled | 34 |
| "Defective Ballots Envelope." The judges of election, | 35 |
| consisting
in each case of at least one judge of election of | 36 |
| each of the two major
political parties, shall examine the |
|
|
|
SB1697 Engrossed |
- 25 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| paper absentee and early ballots which
were
in the ballot box | 2 |
| and properly initialed so as to determine whether the
same | 3 |
| contain write-in votes. Write-in votes, not causing an overvote | 4 |
| for
an office otherwise voted for on the paper absentee or | 5 |
| early ballot, and
otherwise properly voted, shall be counted, | 6 |
| tallied and recorded on the
tally sheet provided for such | 7 |
| record. A write-in vote causing an
overvote for an office shall | 8 |
| not be counted for that office, but the
precinct judges shall | 9 |
| mark such paper absentee or early ballot "Objected
To" on
the | 10 |
| back thereof and write on its back the manner in which such | 11 |
| ballot
is counted and initial the same. An overvote for one | 12 |
| office shall
invalidate only the vote or count of that | 13 |
| particular office. After
counting, tallying and recording the | 14 |
| write-in votes on absentee and early
ballots,
the judges of | 15 |
| election, consisting in each case of at least one judge of
| 16 |
| election of each of the two major political parties, shall make | 17 |
| a true
duplicate ballot of the remaining valid votes on each | 18 |
| paper absentee
and early ballot which was in the ballot box and | 19 |
| properly initialed, by
using the
electronic voting system used | 20 |
| in the precinct and one of the marking
devices of the precinct | 21 |
| so as to transfer the remaining valid votes of
the voter on the | 22 |
| paper absentee or early ballot to an official ballot or a
| 23 |
| ballot
card of that kind used in the precinct at that election. | 24 |
| The original
paper absentee ballot shall be clearly labeled | 25 |
| "Absentee Ballot" or "Early
Ballot", as the case may be, and | 26 |
| the
ballot card so produced "Duplicate Absentee Ballot , " or | 27 |
| "Duplicate Early
Ballot", as the case may be, and each shall | 28 |
| bear
the same serial number which shall be placed thereon by | 29 |
| the judges of
election, commencing with number 1 and continuing | 30 |
| consecutively for the
ballots of that kind in that precinct. | 31 |
| The judges of election shall
initial the "Duplicate Absentee | 32 |
| Ballot" and "Duplicate Early Ballot"
ballots or ballot cards, | 33 |
| and
shall place them in the box for return of the ballots with | 34 |
| all other
ballots or ballot cards to be counted at the central | 35 |
| counting location
in lieu of the paper absentee and early
| 36 |
| ballots. The paper absentee and
early ballots
shall
be placed |
|
|
|
SB1697 Engrossed |
- 26 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| in an envelope provided for that purpose labeled "Duplicate
| 2 |
| Ballots."
| 3 |
| When an electronic voting system is used which utilizes a | 4 |
| ballot
card, before separating the remaining ballot cards from | 5 |
| their respective
covering envelopes, the judges of election | 6 |
| shall examine the ballot card
envelopes for write-in votes. | 7 |
| When the voter has voted a write-in vote,
the judges of | 8 |
| election shall compare the write-in vote with the votes on
the | 9 |
| ballot card to determine whether such write-in results in an
| 10 |
| overvote for any office. In case of an overvote for any office, | 11 |
| the
judges of election, consisting in each case of at least one | 12 |
| judge of
election of each of the two major political parties, | 13 |
| shall make a true
duplicate ballot of all votes on such ballot | 14 |
| card except for the office
which is overvoted, by using the | 15 |
| ballot label booklet of the precinct
and one of the marking | 16 |
| devices of the precinct so as to transfer all
votes of the | 17 |
| voter except for the office overvoted, to an official
ballot | 18 |
| card of that kind used in the precinct at that election. The
| 19 |
| original ballot card and envelope upon which there is an | 20 |
| overvote shall
be clearly labeled "Overvoted Ballot", and each | 21 |
| shall bear the same
serial number which shall be placed thereon | 22 |
| by the judges of election,
commencing with number 1 and | 23 |
| continuing consecutively for the ballots of
that kind in that | 24 |
| precinct. The judges of election shall initial the
"Duplicate | 25 |
| Overvoted Ballot" ballot cards and shall place them in the
box | 26 |
| for return of the ballots. The "Overvoted Ballot" ballots and | 27 |
| their
envelopes shall be placed in the "Duplicate Ballots" | 28 |
| envelope. Envelopes
bearing write-in votes marked in the place | 29 |
| designated therefor and
bearing the initials of a precinct | 30 |
| judge of election and not resulting
in an overvote and | 31 |
| otherwise complying with the election laws as to
marking shall | 32 |
| be counted, tallied, and their votes recorded on a tally
sheet | 33 |
| provided by the election official in charge of the election. | 34 |
| The
ballot cards and ballot card envelopes shall be separated | 35 |
| and all except
any defective or overvoted shall be placed | 36 |
| separately in the box for
return of the ballots, along with all |
|
|
|
SB1697 Engrossed |
- 27 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| "Duplicate Absentee
Ballots , " , "Duplicate Early Ballots", and
| 2 |
| "Duplicate Overvoted Ballots." The judges of election shall | 3 |
| examine the
ballots and ballot cards to determine if any is | 4 |
| damaged or defective so
that it cannot be counted by the | 5 |
| automatic tabulating equipment. If any
ballot or ballot card is | 6 |
| damaged or defective so that it cannot properly
be counted by | 7 |
| the automatic tabulating equipment, the judges of
election, | 8 |
| consisting in each case of at least one judge of election of
| 9 |
| each of the two major political parties, shall make a true | 10 |
| duplicate
ballot of all votes on such ballot card by using the | 11 |
| ballot label
booklet of the precinct and one of the marking | 12 |
| devices of the precinct.
The original ballot or ballot card and | 13 |
| envelope shall be clearly labeled
"Damaged Ballot" and the | 14 |
| ballot or ballot card so produced "Duplicate
Damaged Ballot," | 15 |
| and each shall bear the same number which shall be
placed | 16 |
| thereon by the judges of election, commencing with number 1 and
| 17 |
| continuing consecutively for the ballots of that kind in the | 18 |
| precinct.
The judges of election shall initial the "Duplicate | 19 |
| Damaged Ballot"
ballot or ballot cards, and shall place them in | 20 |
| the box for return of
the ballots. The "Damaged Ballot" ballots | 21 |
| or ballot cards and their
envelopes shall be placed in the | 22 |
| "Duplicated Ballots" envelope. A slip
indicating the number of | 23 |
| voters voting in person, number of absentee
votes deposited in | 24 |
| the ballot box, and the total number of voters of the
precinct | 25 |
| who voted at the election shall be made out, signed by all
| 26 |
| judges of election, and inserted in the box for return of the | 27 |
| ballots.
The tally sheets recording the write-in votes shall be | 28 |
| placed in this
box. The judges of election thereupon | 29 |
| immediately shall securely lock the
ballot box or other | 30 |
| suitable
box furnished for return of the ballots by the | 31 |
| election official in
charge of the election; provided that if | 32 |
| such box is not of a type which
may be securely locked, such | 33 |
| box shall be sealed with filament tape provided
for such | 34 |
| purpose which shall be wrapped around the box lengthwise and | 35 |
| crosswise,
at least twice each way. A separate adhesive seal | 36 |
| label signed by each of
the judges of election of the precinct |
|
|
|
SB1697 Engrossed |
- 28 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| shall be affixed to the box so as
to cover any slot therein and | 2 |
| to identify the box of the precinct; and
if such box is sealed | 3 |
| with filament tape as provided herein rather than
locked, such | 4 |
| tape shall be wrapped around the box as provided herein, but
in | 5 |
| such manner that the separate adhesive seal label affixed to | 6 |
| the box
and signed by the judges may not be removed without | 7 |
| breaking the filament
tape and disturbing the signature of the | 8 |
| judges. Thereupon, 2 of the
judges of election, of different | 9 |
| major political parties, forthwith shall
by the most direct | 10 |
| route transport the box for
return of the ballots and enclosed | 11 |
| ballots and returns to the central
counting location designated | 12 |
| by the election official in charge of the
election. If, | 13 |
| however, because of the lack of adequate parking
facilities at | 14 |
| the central counting location or for any other reason, it
is | 15 |
| impossible or impracticable for the boxes from all the polling | 16 |
| places
to be delivered directly to the central counting | 17 |
| location, the election
official in charge of the election may | 18 |
| designate some other location to
which the boxes shall be | 19 |
| delivered by the 2 precinct judges. While at
such other | 20 |
| location the boxes shall be in the care and custody of one or
| 21 |
| more teams, each consisting of 4 persons, 2 from each of the | 22 |
| two major
political parties, designated for such purpose by the | 23 |
| election official
in charge of elections from recommendations | 24 |
| by the appropriate political
party organizations. As soon as | 25 |
| possible, the boxes shall be transported
from such other | 26 |
| location to the central counting location by one or more
teams, | 27 |
| each consisting of 4 persons, 2 from each of the 2 major
| 28 |
| political parties, designated for such purpose by the election | 29 |
| official
in charge of elections from recommendations by the | 30 |
| appropriate political
party organizations.
| 31 |
| The "Defective Ballots" envelope, and "Duplicated Ballots" | 32 |
| envelope
each shall be securely sealed and the flap or end | 33 |
| thereof of each signed
by the precinct judges of election and | 34 |
| returned to the central counting
location with the box for | 35 |
| return of the ballots, enclosed ballots and
returns.
| 36 |
| At the central counting location, a team of tally judges |
|
|
|
SB1697 Engrossed |
- 29 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| designated
by the election official in charge of the election | 2 |
| shall check the box
returned containing the ballots to | 3 |
| determine that all seals are intact,
and thereupon shall open | 4 |
| the box, check the voters' slip and compare the
number of | 5 |
| ballots so delivered against the total number of voters of the
| 6 |
| precinct who voted, remove the ballots or ballot cards and | 7 |
| deliver them
to the technicians operating the automatic | 8 |
| tabulating equipment. Any
discrepancies between the number of | 9 |
| ballots and total number of voters
shall be noted on a sheet | 10 |
| furnished for that purpose and signed by the
tally judges; or
| 11 |
| (c) A single ballot box, for the deposit of all votes cast, | 12 |
| shall be used.
Immediately after the closing of the polls the | 13 |
| judges of election
shall examine the absentee and early ballots | 14 |
| received by the precinct
judges of election
from the election | 15 |
| authority of voters in that precinct to determine that
they | 16 |
| comply with the provisions of Sections 19-9, 19A-55, 20-8 , and
| 17 |
| 20-9 of the Election
Code, as amended, and are entitled to be | 18 |
| deposited in the ballot box; those
entitled to be deposited in | 19 |
| the ballot box shall be initialed by the precinct
judges and | 20 |
| deposited in the ballot box. Those not entitled to be deposited
| 21 |
| in the ballot box, in accordance with Sections 19-9, 19A-55,
| 22 |
| 20-8 , and
20-9 of the
Election Code, as amended, shall be | 23 |
| marked "Rejected" and preserved in the
manner provided in The | 24 |
| Election Code for the retention and preservation
of official | 25 |
| ballots rejected at such election. Immediately upon the | 26 |
| completion
of the absentee and early balloting, the precinct | 27 |
| judges of election shall
securely
lock the ballot box; provided | 28 |
| that if such box is not of a
type which may be securely locked, | 29 |
| such box shall be sealed with filament
tape provided for such | 30 |
| purpose which shall be wrapped around the box lengthwise
and | 31 |
| crosswise, at least twice each way.
A separate adhesive seal | 32 |
| label signed by each of the judges of election
of the precinct | 33 |
| shall be affixed to the box so as to cover any slot therein
and | 34 |
| to identify the box of the precinct; and if such box is sealed | 35 |
| with
filament tape as provided herein rather than locked, such | 36 |
| tape shall be
wrapped around the box as provided herein, but in |
|
|
|
SB1697 Engrossed |
- 30 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| such manner that the separate
adhesive seal label affixed to | 2 |
| the box and signed by the judges may not
be removed without | 3 |
| breaking the filament tape and disturbing the signature
of the | 4 |
| judges. Thereupon, 2 of the judges
of election, of different
| 5 |
| major political parties, shall forthwith by the most direct | 6 |
| route transport
the box for return of the ballots and enclosed | 7 |
| absentee and early ballots
and returns
to the central counting | 8 |
| location designated by the election official
in charge of the | 9 |
| election. If however, because of the lack of adequate
parking | 10 |
| facilities at the central counting location or for some other | 11 |
| reason,
it is impossible or impracticable for the boxes from | 12 |
| all the polling places
to be delivered directly to the central | 13 |
| counting location, the election
official in charge of the | 14 |
| election may designate some other location to
which the boxes | 15 |
| shall be delivered by the 2 precinct judges. While at
such | 16 |
| other location the boxes shall be in the care and custody of | 17 |
| one or
more teams, each consisting of 4 persons, 2 from each of | 18 |
| the two major
political
parties, designated for such purpose by | 19 |
| the election official in charge
of elections from | 20 |
| recommendations by the appropriate political party
| 21 |
| organizations.
As soon as possible, the boxes shall be | 22 |
| transported from such other location
to the central counting | 23 |
| location by one or more teams, each consisting of
4 persons, 2 | 24 |
| from each of the 2 major political parties, designated for
such | 25 |
| purpose by the election official in charge of the election from
| 26 |
| recommendations
by the appropriate political party | 27 |
| organizations.
| 28 |
| At the central counting location there shall be one or more | 29 |
| teams of tally
judges who possess the same qualifications as | 30 |
| tally judges in election
jurisdictions
using paper ballots. The | 31 |
| number of such teams shall be determined by the
election | 32 |
| authority. Each team shall consist of 5 tally judges, 3 | 33 |
| selected
and approved by the county board from a certified list | 34 |
| furnished by the
chairman of the county central committee of | 35 |
| the party with the majority
of members on the county board and | 36 |
| 2 selected and approved by the county
board from a certified |
|
|
|
SB1697 Engrossed |
- 31 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| list furnished by the chairman of the county central
committee | 2 |
| of the party with the second largest number of members
on the | 3 |
| county board. At the central counting location a team of tally | 4 |
| judges
shall open the ballot box and canvass the votes polled | 5 |
| to determine that
the number of ballot sheets
therein agree | 6 |
| with the number of voters voting as shown by the applications
| 7 |
| for ballot and for absentee and early
ballot; and, if the same | 8 |
| do not agree, the tally judges shall make such
ballots agree | 9 |
| with the number of applications for ballot in the manner | 10 |
| provided
by Section 17-18 of the Election Code. The tally | 11 |
| judges shall then examine
all ballot sheets which are in the | 12 |
| ballot box to determine whether they
bear the initials of the | 13 |
| precinct judge of election. If any ballot is not
initialed, it | 14 |
| shall be marked on the back "Defective", initialed as to such
| 15 |
| label by all tally judges immediately under such word | 16 |
| "Defective", and not
counted, but placed in the envelope | 17 |
| provided for that purpose labeled
"Defective
Ballots | 18 |
| Envelope". Write-in votes, not causing an overvote for an
| 19 |
| office otherwise voted for on the absentee and early ballot | 20 |
| sheet, and
otherwise properly
voted, shall be counted, tallied | 21 |
| and recorded by the central counting location
judges on the | 22 |
| tally sheet provided for such record. A write-in vote causing
| 23 |
| an overvote for an office shall not be counted for that office, | 24 |
| but the
tally judges shall mark such absentee ballot sheet | 25 |
| "Objected
To" on the back thereof and write on its back the | 26 |
| manner in which such ballot
is counted and initial the same. An | 27 |
| overvote for one office shall invalidate
only the vote or count | 28 |
| of that particular office.
| 29 |
| At the central counting location, a team of tally judges | 30 |
| designated
by the election official in charge of the election | 31 |
| shall deliver the ballot
sheets to the technicians operating | 32 |
| the automatic tabulating equipment.
Any discrepancies between | 33 |
| the number of ballots and total number of voters
shall be noted | 34 |
| on a sheet furnished for that purpose and signed by the tally
| 35 |
| judges.
| 36 |
| (2) Regardless of which procedure described in subsection |
|
|
|
SB1697 Engrossed |
- 32 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| (1) of this
Section is used,
the judges of election designated | 2 |
| to transport the ballots, properly signed
and sealed as | 3 |
| provided herein, shall ensure that the ballots are delivered
to | 4 |
| the central counting station no later than 12 hours after the | 5 |
| polls close.
At the central counting station a team of tally | 6 |
| judges designated by the
election official in charge of the | 7 |
| election shall examine the ballots so
transported and shall not | 8 |
| accept ballots for tabulating which are not signed
and sealed | 9 |
| as provided in subsection (1) of this Section until the
judges | 10 |
| transporting the
same make and sign the necessary corrections. | 11 |
| Upon acceptance of the ballots
by a team of tally judges at the | 12 |
| central counting station, the election
judges transporting the | 13 |
| same shall take a receipt signed by the election
official in | 14 |
| charge of the election and stamped with the date and time of
| 15 |
| acceptance. The election judges whose duty it is to transport | 16 |
| any ballots
shall, in the event
such ballots cannot be found | 17 |
| when needed, on proper request, produce the
receipt which they | 18 |
| are to take as above provided.
| 19 |
| (Source: P.A. 83-1362.)
| 20 |
| (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| 21 |
| Sec. 24A-10.1. In an election jurisdiction where | 22 |
| in-precinct counting
equipment is utilized, the following | 23 |
| procedures for counting and
tallying the ballots shall apply:
| 24 |
| Immediately after the closing of the polls, the absentee | 25 |
| and early ballots delivered
to the precinct judges of election | 26 |
| by the election authority shall be examined
to determine that | 27 |
| such ballots comply with
Sections 19-9 and 20-9 of this Act and | 28 |
| are entitled to be deposited in the
ballot box; those entitled | 29 |
| to be deposited in the ballot box shall be initialed
by the | 30 |
| precinct judges of election and deposited
in the ballot box. | 31 |
| Those not entitled to be deposited in the ballot box
shall be | 32 |
| marked "Rejected" and disposed of as provided in said Sections | 33 |
| 19-9 , 19A-55,
and 20-9.
| 34 |
| The precinct judges of election shall open the ballot box | 35 |
| and count the
number of ballots therein
to determine if such |
|
|
|
SB1697 Engrossed |
- 33 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| number agrees with the number of voters voting as shown
by the | 2 |
| applications for ballot or, if the same do not agree, the | 3 |
| judges
of election shall make such ballots agree with the | 4 |
| applications for ballot
in the manner provided by Section 17-18 | 5 |
| of this Act.
The judges of election shall then examine all | 6 |
| ballot cards and ballot card
envelopes which are in the ballot | 7 |
| box to determine whether the ballot cards
and ballot card | 8 |
| envelopes contain the initials of a precinct judge of
election. | 9 |
| If any ballot card or ballot card envelope is not initialed, it
| 10 |
| shall be marked on the back "Defective", initialed as to such | 11 |
| label by all
judges immediately under the word "Defective" and | 12 |
| not counted. The judges of
election shall place an initialed | 13 |
| blank official ballot card in the place of
the defective ballot | 14 |
| card, so that the count of the ballot cards to be counted
on | 15 |
| the automatic tabulating equipment will be the same, and each | 16 |
| "Defective
Ballot" card and "Replacement" card shall contain | 17 |
| the same serial number
which shall be placed thereon by the | 18 |
| judges of election, commencing with
number 1 and continuing | 19 |
| consecutively for the ballots of that kind in that
precinct. | 20 |
| The original "Defective" card shall be placed in the "Defective
| 21 |
| Ballot Envelope" provided for that purpose.
| 22 |
| When an electronic voting system is used which utilizes a | 23 |
| ballot card,
before separating the remaining ballot cards from | 24 |
| their respective covering
envelopes, the judges of election | 25 |
| shall examine the ballot card envelopes
for write-in votes. | 26 |
| When the voter has cast a write-in vote, the judges
of election | 27 |
| shall compare the write-in vote with the votes on the ballot
| 28 |
| card to determine whether such write-in results in an overvote | 29 |
| for any office.
In case of an overvote for any office, the | 30 |
| judges of election, consisting
in each case of at least
one | 31 |
| judge of election of each of the 2 major political parties, | 32 |
| shall make
a true duplicate ballot of all votes on such ballot | 33 |
| card except for the
office which is overvoted, by using the | 34 |
| ballot label booklet of the precinct
and one of the marking | 35 |
| devices of the precinct so as to transfer all votes
of the | 36 |
| voter, except for the office overvoted, to a duplicate card. |
|
|
|
SB1697 Engrossed |
- 34 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| The
original ballot card and envelope upon which there is an | 2 |
| overvote shall
be clearly labeled
"Overvoted Ballot", and each | 3 |
| such "Overvoted Ballot" as well as its
"Replacement" shall | 4 |
| contain the same serial number which shall be placed thereon by | 5 |
| the
judges of election, commencing with number 1 and continuing | 6 |
| consecutively
for the ballots of that kind in that precinct.
| 7 |
| The "Overvoted Ballot" card and ballot envelope shall be placed | 8 |
| in an envelope
provided for that purpose labeled "Duplicate | 9 |
| Ballot" envelope, and the judges
of election shall initial the | 10 |
| "Replacement" ballot
cards and shall place them with the other | 11 |
| ballot cards to be counted on
the automatic tabulating
| 12 |
| equipment. Envelopes containing write-in votes marked in the | 13 |
| place designated
therefor and containing the initials of a | 14 |
| precinct judge of election and
not resulting in an overvote and | 15 |
| otherwise complying with the election laws
as to marking shall | 16 |
| be counted and tallied and their votes recorded on a
tally | 17 |
| sheet provided by the election authority.
| 18 |
| The ballot cards and ballot card envelopes shall be | 19 |
| separated in preparation
for counting by the automatic | 20 |
| tabulating equipment provided for that
purpose by the election | 21 |
| authority.
| 22 |
| Before the ballots are entered into the automatic | 23 |
| tabulating
equipment, a precinct identification card provided | 24 |
| by the election authority
shall be entered into the device to | 25 |
| ensure that the totals are all zeroes
in the count column on | 26 |
| the printing unit. A precinct judge of election
shall then | 27 |
| count the ballots
by entering each ballot card into the | 28 |
| automatic tabulating
equipment, and if any ballot or ballot | 29 |
| card is damaged or defective so that
it cannot properly be | 30 |
| counted by the automatic tabulating equipment, the
judges of | 31 |
| election, consisting in each case of at least one judge of | 32 |
| election
of each of the
2 major political parties, shall make a | 33 |
| true duplicate ballot of all votes
on such ballot card by using | 34 |
| the ballot label booklet of the precinct and
one of the marking | 35 |
| devices of the precinct. The original ballot or ballot
card and | 36 |
| envelope shall be clearly labeled "Damaged Ballot" and the |
|
|
|
SB1697 Engrossed |
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LRB094 09998 JAM 40256 b |
|
| 1 |
| ballot
or ballot card so produced shall be clearly labeled | 2 |
| "Duplicate Damaged Ballot",
and each shall contain the same | 3 |
| serial number which shall be placed
thereon by the judges of | 4 |
| election, commencing with number 1 and continuing
| 5 |
| consecutively for the ballots of
that kind in the precinct. The | 6 |
| judges of election shall initial the "Duplicate
Damaged Ballot" | 7 |
| ballot or ballot cards and shall enter the
duplicate damaged | 8 |
| cards into the automatic tabulating equipment. The "Damaged
| 9 |
| Ballot" cards
shall be placed in the "Duplicated Ballots" | 10 |
| envelope; after all ballot cards
have been successfully read, | 11 |
| the judges of election shall check to make certain that
the | 12 |
| last number printed by the printing unit is the same as the | 13 |
| number of
voters making application for ballot in that | 14 |
| precinct.
The number shall be listed on the "Statement of | 15 |
| Ballots" form provided by
the election authority.
| 16 |
| The totals for all candidates and propositions shall be | 17 |
| tabulated; 4 sets
shall be attached to the 4 sets of | 18 |
| "Certificate of Results" provided by
the election authority; | 19 |
| one set shall be posted in a conspicuous place inside
the | 20 |
| polling place; and every effort shall be made by the judges of | 21 |
| election
to provide a set for each authorized pollwatcher or | 22 |
| other official authorized
to be present in the polling place to | 23 |
| observe the counting of ballots; but
in no case shall the | 24 |
| number of sets to be made available to pollwatchers
be fewer | 25 |
| than 4, chosen by lot by the judges of election. In addition,
| 26 |
| sufficient
time shall be provided by the judges of election to | 27 |
| the pollwatchers to
allow them to copy information from the set | 28 |
| which has been posted.
| 29 |
| The judges of election shall count all unused ballot cards | 30 |
| and enter the
number on the "Statement of Ballots". All | 31 |
| "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | 32 |
| counted and the number entered on the
"Statement of Ballots".
| 33 |
| The precinct judges of election shall select a bi-partisan | 34 |
| team of 2 judges,
who shall immediately return the ballots in a | 35 |
| sealed container, along with
all other election materials as | 36 |
| instructed by the election authority;
provided, however, that |
|
|
|
SB1697 Engrossed |
- 36 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| such container must first be sealed by the election
judges with | 2 |
| filament tape provided for such purpose which shall be wrapped
| 3 |
| around the container lengthwise and crosswise, at least twice | 4 |
| each way, in
such manner that the ballots cannot be removed | 5 |
| from such container without
breaking the seal and filament tape | 6 |
| and disturbing any signatures affixed
by the election judges to | 7 |
| the container. The election authority shall keep
the office of | 8 |
| the election authority, or any receiving stations designated
by | 9 |
| such authority, open for at least 12 consecutive hours after | 10 |
| the polls
close or until the ballots from all precincts with | 11 |
| in-precinct counting
equipment within the jurisdiction of the | 12 |
| election authority have been
returned to the election | 13 |
| authority. Ballots returned to the office of the
election | 14 |
| authority which are not signed and sealed as required by law | 15 |
| shall
not be accepted by the election authority until the | 16 |
| judges returning the
same make and sign the necessary | 17 |
| corrections. Upon acceptance of the ballots
by the election | 18 |
| authority, the judges returning the same shall take a
receipt | 19 |
| signed by the election authority and stamped with the time and | 20 |
| date
of such return. The election judges whose duty it is to | 21 |
| return any ballots
as herein provided shall, in the event such | 22 |
| ballots cannot be found when
needed, on proper request, produce | 23 |
| the receipt which they are to take as above provided.
| 24 |
| (Source: P.A. 83-1362.)
| 25 |
| (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
| 26 |
| Sec. 24A-15.1. Except as herein provided, discovery | 27 |
| recounts and election
contests shall be conducted as otherwise | 28 |
| provided for in "The Election Code",
as amended. The automatic | 29 |
| tabulating equipment shall be tested prior to the
discovery | 30 |
| recount or election contest as provided in Section 24A-9, and
| 31 |
| then the official ballots or ballot cards shall be recounted on | 32 |
| the
automatic tabulating equipment. In addition, (1) the ballot | 33 |
| or ballot cards
shall be checked for the presence or absence of | 34 |
| judges' initials and other
distinguishing marks, and (2) the | 35 |
| ballots marked "Rejected", "Defective",
Objected to", and
|
|
|
|
SB1697 Engrossed |
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LRB094 09998 JAM 40256 b |
|
| 1 |
| "Absentee Ballot" , and "Early Ballot" shall be
examined
to | 2 |
| determine the
propriety of the such labels, and (3) the | 3 |
| "Duplicate Absentee Ballots",
"Duplicate Early Ballots",
| 4 |
| "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" | 5 |
| shall be
compared with their respective originals to determine | 6 |
| the correctness of
the duplicates.
| 7 |
| Any person who has filed a petition for discovery recount | 8 |
| may request that
a redundant count be conducted in those | 9 |
| precincts in which the discovery
recount is being conducted. | 10 |
| The additional costs of such a redundant count
shall be borne | 11 |
| by the requesting party.
| 12 |
| The log of the computer operator and all materials retained | 13 |
| by the election
authority in relation to vote tabulation and | 14 |
| canvass shall be made available
for any discovery recount or | 15 |
| election contest.
| 16 |
| (Source: P.A. 82-1014.)
| 17 |
| (10 ILCS 5/24B-10)
| 18 |
| Sec. 24B-10. Receiving, Counting, Tallying and Return of
| 19 |
| Ballots; Acceptance of Ballots by Election Authority.
| 20 |
| (a) In an election jurisdiction which has adopted an | 21 |
| electronic Precinct
Tabulation Optical Scan Technology voting | 22 |
| system, the election
official in charge of the election shall | 23 |
| select one of the 3
following procedures for receiving, | 24 |
| counting, tallying, and
return of the ballots:
| 25 |
| (1) Two ballot boxes shall be provided for each polling
| 26 |
| place. The first ballot box is for the depositing of votes | 27 |
| cast
on the electronic voting system; and the second ballot | 28 |
| box is for
all votes cast on other ballots, including | 29 |
| absentee paper and early paper ballots
and any other paper | 30 |
| ballots required to be voted other than on
the Precinct | 31 |
| Tabulation Optical Scan Technology electronic voting
| 32 |
| system. Ballots, except absentee and early ballots for | 33 |
| candidates and
propositions which are listed on the | 34 |
| Precinct Tabulation Optical
Scan Technology electronic | 35 |
| voting system, deposited in the second
ballot box shall be |
|
|
|
SB1697 Engrossed |
- 38 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| counted, tallied, and returned as is
elsewhere provided in | 2 |
| this Code for the
counting and handling of paper ballots. | 3 |
| Immediately after the
closing of the polls the absentee and | 4 |
| early ballots delivered to the
precinct judges of election | 5 |
| by the election official in charge of
the election shall be | 6 |
| examined to determine that the ballots
comply with Sections | 7 |
| 19-9 , 19A-55, and 20-9 of this Code and are entitled to be | 8 |
| inserted
into the counting
equipment and deposited into the | 9 |
| ballot box provided;
those entitled to be deposited in this | 10 |
| ballot box shall be
initialed by the precinct judges of | 11 |
| election and deposited.
Those not entitled to be deposited | 12 |
| in this ballot box
shall be marked "Rejected" and disposed | 13 |
| of as provided in
Sections 19-9 , 19A-55, and 20-9. The | 14 |
| precinct judges of election shall
then open the second | 15 |
| ballot box and examine all paper absentee and early
ballots | 16 |
| which are in the ballot box to determine whether the
| 17 |
| absentee or early ballots bear the initials of a precinct | 18 |
| judge of
election. If any absentee or early ballot is not | 19 |
| so initialed, it shall
be marked on the back "Defective", | 20 |
| initialed as to the label by
all judges immediately under | 21 |
| the word "Defective", and not
counted, but placed in the | 22 |
| envelope provided for that purpose
labeled "Defective | 23 |
| Ballots Envelope". The judges of election,
consisting in | 24 |
| each case of at least one judge of election of each
of the | 25 |
| 2 major political parties, shall examine the paper
absentee | 26 |
| and early ballots which were in such ballot box and | 27 |
| properly
initialed to determine whether the same contain | 28 |
| write-in
votes. Write-in votes, not causing an overvote for | 29 |
| an office
otherwise voted for on the paper absentee or | 30 |
| early ballot, and otherwise
properly voted, shall be | 31 |
| counted, tallied and recorded on the
tally sheet provided | 32 |
| for the record. A write-in vote causing an
overvote for an | 33 |
| office shall not be counted for that office, but
the | 34 |
| precinct judges shall mark such paper absentee or early
| 35 |
| ballot
"Objected To" on the back and write on its back the
| 36 |
| manner in which the ballot is counted and initial the same. |
|
|
|
SB1697 Engrossed |
- 39 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| An
overvote for one office shall invalidate only the vote | 2 |
| or count
of that particular office. After counting, | 3 |
| tallying and
recording the write-in votes on absentee and | 4 |
| early ballots, the judges of
election, consisting in each | 5 |
| case of at least one judge of
election of each of the 2 | 6 |
| major political parties, shall make a
true duplicate ballot | 7 |
| of the remaining valid votes on each paper
absentee and | 8 |
| early ballot which was in the ballot box and properly
| 9 |
| initialed, by using the electronic Precinct Tabulation | 10 |
| Optical
Scan Technology voting system used in the precinct | 11 |
| and one of the
marking devices, or equivalent marking | 12 |
| device or equivalent ballot, of the
precinct to transfer | 13 |
| the remaining
valid votes of the voter on the paper | 14 |
| absentee or early ballot to an
official ballot or a ballot | 15 |
| card of that kind used in the
precinct at that election. | 16 |
| The original paper absentee ballot
shall be clearly labeled | 17 |
| "Absentee Ballot" or "Early Ballot", as the case may be,
| 18 |
| and the ballot card so
produced "Duplicate Absentee Ballot" | 19 |
| or "Duplicate Early Ballot", as the case may be , and each | 20 |
| shall bear the
same serial number which shall be placed | 21 |
| thereon by the judges of
election, beginning with number 1 | 22 |
| and continuing consecutively
for the ballots of that kind | 23 |
| in that precinct. The judges of
election shall initial the | 24 |
| "Duplicate Absentee Ballot" and "Duplicate Early Ballot"
| 25 |
| ballots
and shall place them in the first ballot box | 26 |
| provided for return
of the ballots to be counted at the | 27 |
| central counting location in
lieu of the paper absentee and | 28 |
| early ballots. The paper absentee and early ballots
shall | 29 |
| be placed in an envelope provided for that purpose labeled
| 30 |
| "Duplicate Ballots".
| 31 |
| As soon as the absentee and early ballots have been | 32 |
| deposited in the
first ballot box, the judges of election | 33 |
| shall make out a slip
indicating the number of persons who | 34 |
| voted in the precinct at the
election. The slip shall be | 35 |
| signed by all the judges of
election and shall be inserted | 36 |
| by them in the first ballot box.
The judges of election |
|
|
|
SB1697 Engrossed |
- 40 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| shall thereupon immediately lock the first
ballot box; | 2 |
| provided, that if the box is not of a type which may
be | 3 |
| securely locked, the box shall be sealed with filament tape
| 4 |
| provided for the purpose that shall be wrapped around the | 5 |
| box
lengthwise and crosswise, at least twice each way, and | 6 |
| in a
manner that the seal completely covers the slot in the | 7 |
| ballot
box, and each of the judges shall sign the seal. Two
| 8 |
| of the judges of election, of different political parties, | 9 |
| shall
by the most direct route transport both ballot
boxes | 10 |
| to the counting location designated by the county clerk or
| 11 |
| board of election commissioners.
| 12 |
| Before the ballots of a precinct are fed to the | 13 |
| electronic
Precinct Tabulation Optical Scan Technology | 14 |
| tabulating equipment,
the first ballot box shall be opened | 15 |
| at the central counting
station by the 2 precinct transport | 16 |
| judges. Upon opening a
ballot box, the team shall first | 17 |
| count the number of ballots in
the box. If 2 or more are | 18 |
| folded together to appear to
have been cast by the same | 19 |
| person, all of the ballots folded
together shall be marked | 20 |
| and returned with the other ballots in
the same condition, | 21 |
| as near as may be, in which they were found
when first | 22 |
| opened, but shall not be counted. If the remaining
ballots | 23 |
| are found to exceed the number of persons voting in the
| 24 |
| precinct as shown by the slip signed by the judges of | 25 |
| election,
the ballots shall be replaced in the box, and the | 26 |
| box closed and
well shaken and again opened and one of the | 27 |
| precinct transport
judges shall publicly draw out so many | 28 |
| ballots unopened as are
equal to the excess.
| 29 |
| The excess ballots shall be marked "Excess-Not | 30 |
| Counted" and
signed by the 2 precinct transport judges and | 31 |
| shall be placed
in the "After 7:00 p.m. Defective Ballots | 32 |
| Envelope". The number
of excess ballots shall be noted in | 33 |
| the remarks section of the
Certificate of Results. "Excess" | 34 |
| ballots shall not be counted in
the total of "defective" | 35 |
| ballots.
| 36 |
| The precinct transport judges shall then examine the
|
|
|
|
SB1697 Engrossed |
- 41 - |
LRB094 09998 JAM 40256 b |
|
| 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 counted, | 6 |
| tallied, and returned
as elsewhere provided in this Code | 7 |
| 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 absentee | 12 |
| and early
ballots delivered to the precinct judges of | 13 |
| election by the
election official in charge of the election | 14 |
| shall be examined to
determine that such ballots comply | 15 |
| with Sections 19-9 , 19A-55, and 20-9 of
this Code and are | 16 |
| entitled to be deposited
in the ballot box; those entitled | 17 |
| to be deposited in the ballot
box shall be initialed by the | 18 |
| precinct judges of election and
deposited in the ballot | 19 |
| box. Those not entitled to be deposited
in the ballot box | 20 |
| shall be marked "Rejected" and disposed of as
provided in | 21 |
| Sections 19-9 , 19A-55, and 20-9. The precinct judges of
| 22 |
| election then shall open the ballot box and canvass the | 23 |
| votes
polled to determine that the number of ballots agree | 24 |
| with
the number of voters voting as shown by the | 25 |
| applications for
ballot, or if the same do not agree the | 26 |
| judges of election shall
make such ballots agree with the | 27 |
| applications for ballot in the
manner provided by Section | 28 |
| 17-18 of this Code. The
judges of election shall then | 29 |
| examine all paper absentee and early ballots and ballot
| 30 |
| envelopes which are in the ballot
box to determine whether | 31 |
| the ballots and ballot envelopes bear the initials of
a | 32 |
| precinct judge of election. If any ballot or ballot
| 33 |
| envelope is not initialed, it shall be marked on the back
| 34 |
| "Defective", initialed as to the label by all judges | 35 |
| immediately
under the word "Defective", and not counted, | 36 |
| but placed in the
envelope provided for that purpose |
|
|
|
SB1697 Engrossed |
- 42 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| labeled "Defective Ballots
Envelope". The judges of | 2 |
| election, consisting in each case of at
least one judge of | 3 |
| election of each of the 2 major political
parties, shall | 4 |
| examine the paper absentee and early ballots which were in
| 5 |
| the ballot box and properly initialed to determine whether
| 6 |
| the same contain write-in votes. Write-in votes, not | 7 |
| causing an
overvote for an office otherwise voted for on | 8 |
| the paper absentee or early
ballot, and otherwise properly | 9 |
| voted, shall be counted, tallied
and recorded on the tally | 10 |
| sheet provided for the record. A
write-in vote causing an | 11 |
| overvote for an office shall not be
counted for that | 12 |
| office, but the precinct judges shall mark the
paper | 13 |
| absentee or early ballot "Objected To" on the back and | 14 |
| write
on its back the manner the ballot is counted and
| 15 |
| initial the same. An overvote for one office shall | 16 |
| invalidate
only the vote or count of that particular | 17 |
| office. After
counting, tallying and recording the | 18 |
| write-in votes on absentee and early
ballots, the judges of | 19 |
| election, consisting in each case of at
least one judge of | 20 |
| election of each of the 2 major political
parties, shall | 21 |
| make a true duplicate ballot of the remaining
valid votes | 22 |
| on each paper absentee and early ballot which was in the | 23 |
| ballot
box and properly initialed, by using the electronic | 24 |
| voting system
used in the precinct and one of the marking | 25 |
| devices of the
precinct to transfer the remaining valid | 26 |
| votes of the voter
on the paper absentee or early ballot to | 27 |
| an official ballot of that kind used in the
precinct at | 28 |
| that election. The
original paper absentee or early ballot | 29 |
| shall be clearly labeled "Absentee
Ballot" or "Early | 30 |
| Ballot", as the case may be, and the ballot so produced | 31 |
| "Duplicate Absentee
Ballot" or "Duplicate Early Ballot", | 32 |
| as the case may be , and each shall bear the same serial | 33 |
| number which shall
be placed thereon by the judges of | 34 |
| election, commencing with
number 1 and continuing | 35 |
| consecutively for the ballots of that
kind in that | 36 |
| precinct. The judges of election shall initial the
|
|
|
|
SB1697 Engrossed |
- 43 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| "Duplicate Absentee Ballot" and "Duplicate Early Ballot"
| 2 |
| ballots and shall
place them in the box for return of the | 3 |
| ballots with all other
ballots to be counted at the central | 4 |
| counting
location in lieu of the paper absentee and early
| 5 |
| ballots. The paper
absentee ballots shall be placed in an | 6 |
| envelope provided for that
purpose labeled "Duplicate | 7 |
| Ballots".
| 8 |
| In case of an overvote for any office, the judges of
| 9 |
| election, consisting in each case of at least one judge of
| 10 |
| election of each of the 2 major political parties, shall | 11 |
| make a
true duplicate ballot of all votes on the ballot | 12 |
| except for
the office which is overvoted, by using the | 13 |
| ballot of the
precinct and one of the marking devices, or | 14 |
| equivalent ballot, of the
precinct to
transfer all votes of | 15 |
| the voter except for the office overvoted,
to an official | 16 |
| ballot of that kind used in the precinct at
that election. | 17 |
| The original ballot upon which there is an
overvote shall | 18 |
| be clearly labeled "Overvoted Ballot", and each
shall bear | 19 |
| the same serial number which shall be placed thereon
by the | 20 |
| judges of election, beginning with number 1 and
continuing | 21 |
| consecutively for the ballots of that kind in that
| 22 |
| precinct. The judges of election shall initial the | 23 |
| "Duplicate
Overvoted Ballot" ballots and shall place them | 24 |
| in the box for
return of the ballots. The "Overvoted | 25 |
| Ballot" ballots shall be
placed in the "Duplicate Ballots" | 26 |
| envelope. The ballots except
any defective or overvoted | 27 |
| ballot shall be placed separately in
the box for return of | 28 |
| the ballots, along with all "Duplicate
Absentee Ballots" , | 29 |
| "Duplicate Early Ballots" , and "Duplicate Overvoted | 30 |
| Ballots". The judges
of election shall examine the ballots | 31 |
| to determine if any is
damaged or defective so that it | 32 |
| cannot be counted by the
automatic tabulating equipment. If | 33 |
| any ballot is
damaged or defective so that it cannot | 34 |
| properly be counted by the
automatic tabulating equipment, | 35 |
| the judges of election,
consisting in each case of at least | 36 |
| one judge of election of each
of the 2 major political |
|
|
|
SB1697 Engrossed |
- 44 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| parties, shall make a true duplicate
ballot of all votes on | 2 |
| such ballot by using the ballot of
the precinct and one of | 3 |
| the marking devices, or equivalent ballot, of the
precinct. | 4 |
| The
original ballot and ballot envelope shall be clearly
| 5 |
| labeled "Damaged Ballot" and the ballot so
produced | 6 |
| "Duplicate Damaged Ballot", and each shall bear the same
| 7 |
| number which shall be placed thereon by the judges of | 8 |
| election,
commencing with number 1 and continuing | 9 |
| consecutively for the
ballots of that kind in the precinct. | 10 |
| The judges of election
shall initial the "Duplicate Damaged | 11 |
| Ballot" ballot and shall place them in
the box for return | 12 |
| of the ballots.
The "Damaged Ballot" ballots
shall be | 13 |
| placed in the "Duplicated Ballots" envelope. A slip
| 14 |
| indicating the number of voters voting in person, number of
| 15 |
| absentee and early votes deposited in the ballot box, and | 16 |
| the total number
of voters of the precinct who voted at the | 17 |
| election shall be made
out, signed by all judges of | 18 |
| election, and inserted in the box
for return of the | 19 |
| ballots. The tally sheets recording the write-in votes | 20 |
| shall
be placed in this box. The judges of election | 21 |
| immediately shall
securely lock the ballot box or other | 22 |
| suitable box furnished for return of the
ballots by the | 23 |
| election official in charge of the election; provided that | 24 |
| if
the box is not of a type which may be securely locked, | 25 |
| the box shall be
sealed with filament tape provided for the | 26 |
| purpose which shall
be wrapped around the box lengthwise | 27 |
| and crosswise, at least
twice each way. A separate adhesive | 28 |
| seal label signed by each of
the judges of election of the | 29 |
| precinct shall be affixed to the
box to cover any slot | 30 |
| therein and to identify the box of
the precinct; and if the | 31 |
| box is sealed with filament tape as
provided rather than | 32 |
| locked, such tape shall be wrapped
around the box as | 33 |
| provided, but in such manner that the
separate adhesive | 34 |
| seal label affixed to the box and signed by the
judges may | 35 |
| not be removed without breaking the filament tape and
| 36 |
| disturbing the signature of the judges. Two of the
judges |
|
|
|
SB1697 Engrossed |
- 45 - |
LRB094 09998 JAM 40256 b |
|
| 1 |
| of election, of different major political parties,
shall by | 2 |
| the most direct route transport the box for
return of the | 3 |
| ballots and enclosed ballots and returns to the
central | 4 |
| counting location designated by the election official in
| 5 |
| charge of the election. If, however, because of the lack of
| 6 |
| adequate parking facilities at the central counting | 7 |
| location or
for any other reason, it is impossible or | 8 |
| impracticable for the
boxes from all the polling places to | 9 |
| be delivered directly to the
central counting location, the | 10 |
| election official in charge of the
election may designate | 11 |
| some other location to which the boxes
shall be delivered | 12 |
| by the 2 precinct judges. While at the other
location the | 13 |
| boxes shall be in the care and custody of one or
more | 14 |
| teams, each consisting of 4 persons, 2 from each of the 2
| 15 |
| major political parties, designated for such purpose by the
| 16 |
| election official in charge of elections from | 17 |
| recommendations by
the appropriate political party | 18 |
| organizations. As soon as
possible, the boxes shall be | 19 |
| transported from the other location
to the central counting | 20 |
| location by one or more teams, each
consisting of 4 | 21 |
| persons, 2 from each of the 2 major political
parties, | 22 |
| designated for the purpose by the election official in
| 23 |
| charge of elections from recommendations by the | 24 |
| appropriate
political party organizations.
| 25 |
| The "Defective Ballots" envelope, and "Duplicated | 26 |
| Ballots"
envelope each shall be securely sealed and the | 27 |
| flap or end
of each envelope signed by the precinct judges | 28 |
| of election and
returned to the central counting location | 29 |
| with the box for return
of the ballots, enclosed ballots | 30 |
| and returns.
| 31 |
| At the central counting location, a team of tally | 32 |
| judges
designated by the election official in charge of the | 33 |
| election
shall check the box returned containing the | 34 |
| ballots to determine
that all seals are intact, and shall | 35 |
| open the box,
check the voters' slip and compare the number | 36 |
| of ballots so
delivered against the total number of voters |
|
|
|
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| 1 |
| of the precinct who
voted, remove the ballots and deliver | 2 |
| them to the
technicians operating the automatic tabulating | 3 |
| equipment. Any
discrepancies between the number of ballots | 4 |
| and total number of
voters shall be noted on a sheet | 5 |
| furnished for that purpose and
signed by the tally judges.
| 6 |
| (3) A single ballot box, for the deposit of all votes | 7 |
| cast,
shall be used. Immediately after the closing of the | 8 |
| polls the
judges of election shall examine the absentee and | 9 |
| early ballots received by
the precinct judges of election | 10 |
| from the election authority of
voters in that precinct to | 11 |
| determine that they comply with the
provisions of Sections | 12 |
| 19-9, 19A-55, 20-8 , and 20-9 of this Code and are entitled | 13 |
| to be
deposited in the ballot box;
those entitled to be | 14 |
| deposited in the ballot box shall be
initialed by the | 15 |
| precinct judges and deposited in the ballot box.
Those not | 16 |
| entitled to be deposited in the ballot box, in
accordance | 17 |
| with Sections 19-9, 19A-55, 20-8 , and 20-9 of this Code
| 18 |
| shall be marked "Rejected" and preserved in the
manner | 19 |
| provided in this Code for the retention and
preservation of | 20 |
| official ballots rejected at such election.
Immediately | 21 |
| upon the completion of the absentee and early balloting, | 22 |
| the
precinct judges of election shall securely lock the | 23 |
| ballot box;
provided that if such box is not of a type | 24 |
| which may be securely
locked, the box shall be sealed with | 25 |
| filament tape provided for
the purpose which shall be | 26 |
| wrapped around the box lengthwise and
crosswise, at least | 27 |
| twice each way. A separate adhesive seal
label signed by | 28 |
| each of the judges of election of the precinct
shall be | 29 |
| affixed to the box to cover any slot therein and
to | 30 |
| identify the box of the precinct; and if the box is sealed
| 31 |
| with filament tape as provided rather than locked, such
| 32 |
| tape shall be wrapped around the box as provided, but in
a | 33 |
| manner that the separate adhesive seal label affixed to the
| 34 |
| box and signed by the judges may not be removed without | 35 |
| breaking
the filament tape and disturbing the signature of | 36 |
| the judges.
Two of the judges of election, of different |
|
|
|
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| 1 |
| major
political parties, shall by the most direct route
| 2 |
| transport the box for return of the ballots and enclosed | 3 |
| absentee and early
ballots and returns to the central | 4 |
| counting location designated
by the election official in | 5 |
| charge of the election. If however,
because of the lack of | 6 |
| adequate parking facilities at the central
counting | 7 |
| location or for some other reason, it is impossible or
| 8 |
| impracticable for the boxes from all the polling places to | 9 |
| be
delivered directly to the central counting location, the | 10 |
| election
official in charge of the election may designate | 11 |
| some other
location to which the boxes shall be delivered | 12 |
| by the 2 precinct
judges. While at the other location the | 13 |
| boxes shall be in the
care and custody of one or more | 14 |
| teams, each consisting of 4
persons, 2 from each of the 2 | 15 |
| major political parties,
designated for the purpose by the | 16 |
| election official in charge of
elections from | 17 |
| recommendations by the appropriate political party
| 18 |
| organizations. As soon as possible, the boxes shall be
| 19 |
| transported from the other location to the central counting
| 20 |
| location by one or more teams, each consisting of 4 | 21 |
| persons, 2
from each of the 2 major political parties, | 22 |
| designated for the
purpose by the election official in | 23 |
| charge of the election from
recommendations by the | 24 |
| appropriate political party organizations.
| 25 |
| At the central counting location there shall be one or | 26 |
| more
teams of tally judges who possess the same | 27 |
| qualifications as
tally judges in election jurisdictions | 28 |
| using paper ballots. The
number of the teams shall be | 29 |
| determined by the election
authority. Each team shall | 30 |
| consist of 5 tally judges, 3 selected
and approved by the | 31 |
| county board from a certified list furnished
by the | 32 |
| chairman of the county central committee of the party with
| 33 |
| the majority of members on the county board and 2 selected | 34 |
| and
approved by the county board from a certified list | 35 |
| furnished by
the chairman of the county central committee | 36 |
| of the party with
the second largest number of members on |
|
|
|
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| 1 |
| the county board. At the
central counting location a team | 2 |
| of tally judges shall open the
ballot box and canvass the | 3 |
| votes polled to determine that the
number of ballot sheets | 4 |
| therein agree with the number of voters
voting as shown by | 5 |
| the applications for ballot and for absentee and early
| 6 |
| ballot; and, if the same do not agree, the tally judges | 7 |
| shall
make such ballots agree with the number of | 8 |
| applications for
ballot in the manner provided by Section | 9 |
| 17-18 of this
Code. The tally judges shall then examine all | 10 |
| ballot sheets
that are in the ballot box to determine | 11 |
| whether they bear the
initials of the precinct judge of | 12 |
| election. If any ballot is not
initialed, it shall be | 13 |
| marked on the back "Defective", initialed
as to that label | 14 |
| by all tally judges immediately under the word
"Defective", | 15 |
| and not counted, but placed in the envelope provided
for | 16 |
| that purpose labeled "Defective Ballots Envelope". | 17 |
| Write-in
votes, not causing an overvote for an office | 18 |
| otherwise voted for
on the absentee or early ballot sheet, | 19 |
| and otherwise properly voted, shall
be counted, tallied, | 20 |
| and recorded by the central counting location
judges on the | 21 |
| tally sheet provided for the record. A write-in
vote | 22 |
| causing an overvote for an office shall not be counted for
| 23 |
| that office, but the tally judges shall mark the absentee | 24 |
| or early ballot
sheet "Objected To" and write the
manner in | 25 |
| which the ballot is counted on its back and initial the | 26 |
| sheet. An
overvote for one office shall invalidate only the | 27 |
| vote or count
for that particular office.
| 28 |
| At the central counting location, a team of tally | 29 |
| judges
designated by the election official in charge of the | 30 |
| election
shall deliver the ballot sheets to the technicians | 31 |
| operating the
automatic Precinct Tabulation Optical Scan | 32 |
| Technology tabulating
equipment. Any discrepancies between | 33 |
| the number of ballots and
total number of voters shall be | 34 |
| noted on a sheet furnished for
that purpose and signed by | 35 |
| the tally judges.
| 36 |
| (b) Regardless of which procedure described in subsection
|
|
|
|
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| 1 |
| (a) of this Section is used, the judges of election designated | 2 |
| to
transport the ballots properly signed and sealed,
shall | 3 |
| ensure that the ballots are delivered to the
central counting | 4 |
| station no later than 12 hours after the polls
close. At the | 5 |
| central counting station, a team of tally judges
designated by | 6 |
| the election official in charge of the election
shall examine | 7 |
| the ballots so transported and shall not accept
ballots for | 8 |
| tabulating which are not signed and sealed as
provided in | 9 |
| subsection (a) of this Section until the judges
transporting | 10 |
| the ballots make and sign the necessary corrections.
Upon | 11 |
| acceptance of the ballots by a team of tally judges at the
| 12 |
| central counting station, the election judges transporting the
| 13 |
| ballots shall take a receipt signed by the election official in
| 14 |
| charge of the election and stamped with the date and time of
| 15 |
| acceptance. The election judges whose duty it is to transport
| 16 |
| any ballots shall, in the event the ballots cannot be found | 17 |
| when
needed, on proper request, produce the receipt which they | 18 |
| are to
take as above provided.
| 19 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 20 |
| (10 ILCS 5/24B-15.1)
| 21 |
| Sec. 24B-15.1. Discovery, Recounts and Election Contests.
| 22 |
| Except as provided, discovery recounts and election
contests | 23 |
| shall be conducted as otherwise provided for in
this Code. The | 24 |
| automatic Precinct Tabulation
Optical Scan Technology | 25 |
| tabulating equipment shall be tested
prior to the discovery | 26 |
| recount or election contest as provided in
Section 24B-9, and | 27 |
| then the official ballots shall be recounted
on the automatic | 28 |
| tabulating equipment. In addition, (a) the
ballots shall be | 29 |
| checked for the presence or absence of judges'
initials and | 30 |
| other distinguishing marks, and (b) the ballots
marked | 31 |
| "Rejected", "Defective", "Objected To" , "Early Ballot", and
| 32 |
| "Absentee
Ballot" shall be examined to determine the propriety | 33 |
| of the
labels, and (c) the "Duplicate Absentee Ballots", | 34 |
| "Duplicate Early
Ballots", "Duplicate
Overvoted Ballots" and | 35 |
| "Duplicate Damaged Ballots" shall be
compared with their |
|
|
|
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| 1 |
| respective originals to determine the
correctness of the | 2 |
| duplicates.
| 3 |
| Any person who has filed a petition for discovery recount
| 4 |
| may request that a redundant count be conducted in those
| 5 |
| precincts in which the discovery recount is being conducted. | 6 |
| The
additional costs of a redundant count shall be borne by the
| 7 |
| requesting party.
| 8 |
| The log of the computer operator and all materials retained
| 9 |
| by the election authority in relation to vote tabulation and
| 10 |
| canvass shall be made available for any discovery recount or
| 11 |
| election contest.
| 12 |
| (Source: P.A. 89-394, eff. 1-1-97.)
| 13 |
| Section 90. The State Mandates Act is amended by adding | 14 |
| Section 8.29 as
follows:
| 15 |
| (30 ILCS 805/8.29 new)
| 16 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 |
| of this
Act, no reimbursement by the State is required for the | 18 |
| implementation of
any mandate created by this amendatory Act of | 19 |
| the 94th General Assembly.
|
|