Full Text of HB1767 95th General Assembly
HB1767 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1767
Introduced 2/23/2007, by Rep. John D'Amico SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/16-10 |
from Ch. 46, par. 16-10 |
10 ILCS 5/17-16.1 |
from Ch. 46, par. 17-16.1 |
10 ILCS 5/18-9.1 |
from Ch. 46, par. 18-9.1 |
10 ILCS 5/19-8 |
from Ch. 46, par. 19-8 |
10 ILCS 5/20-8 |
from Ch. 46, par. 20-8 |
10 ILCS 5/24A-10.1 |
from Ch. 46, par. 24A-10.1 |
10 ILCS 5/24A-15 |
from Ch. 46, par. 24A-15 |
10 ILCS 5/24B-6 |
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10 ILCS 5/24B-10.1 |
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10 ILCS 5/24B-15 |
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10 ILCS 5/24C-12 |
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10 ILCS 5/24C-15 |
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10 ILCS 5/28-6 |
from Ch. 46, par. 28-6 |
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Amends the Election Code. Makes changes with respect to provisions concerning: (i) newspaper publication of consolidated primary ballot nominations; (ii) the deadline for filing a declaration of intent to run as a write-in candidate; (iii) location on ballot cards and sheets of spaces for write-in candidates; (iv) counting of mailed absentee ballots received by an election authority without postmarks; (v) the substitution of in-precinct vote totals reports for in-precinct certificates of results; and (vi) the minimum petition signature requirement for local public questions.
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A BILL FOR
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HB1767 |
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LRB095 09350 JAM 29545 b |
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| 1 |
| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 16-10, 17-16.1, 18-9.1, 19-8, 20-8, 24A-10.1, 24A-15, | 6 |
| 24B-6, 24B-10.1, 24B-15, 24C-12, 24C-15, and 28-6 as follows:
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| (10 ILCS 5/16-10) (from Ch. 46, par. 16-10)
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| Sec. 16-10. The judges of election shall cause not less | 9 |
| than one of
such cards to be posted in each voting booth | 10 |
| provided for the
preparation of ballots, and not less than four | 11 |
| of such cards to be
posted in and about the polling places upon | 12 |
| the day of election. In
every county of not more than 500,000
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| inhabitants, each election authority shall cause to be | 14 |
| published, prior to the
day of any election, in at least two | 15 |
| newspapers, if there be so many
published in such county, a | 16 |
| list of all the nominations made as in this Act provided and
to | 17 |
| be voted for at such election, as near as may be, in the form in
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| which they shall appear upon the general ballot ; provided that | 19 |
| this requirement shall not apply with respect to any | 20 |
| consolidated primary for which the local election official is | 21 |
| required to make the publication under Section 7-21 .
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| (Source: P.A. 80-1469.)
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| (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
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| Sec. 17-16.1. Write-in votes shall be counted only for | 3 |
| persons who have
filed notarized declarations of intent to be | 4 |
| write-in candidates with
the proper election authority or | 5 |
| authorities not later than 61 days prior to
5:00 p.m. on
the
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| Tuesday immediately preceding the election.
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| Forms for the declaration of intent to be a write-in | 8 |
| candidate shall
be supplied by the election authorities. Such | 9 |
| declaration shall specify
the office for which the person seeks | 10 |
| election as a write-in candidate.
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| The election authority or authorities shall deliver a list | 12 |
| of all persons
who have filed such declarations to the election | 13 |
| judges in the appropriate
precincts prior to the election.
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| A candidate for whom a nomination paper has been filed as a | 15 |
| partisan
candidate at a primary election, and who is defeated | 16 |
| for his or her
nomination at the primary election is ineligible | 17 |
| to file a declaration of
intent to be a write-in candidate for | 18 |
| election in that general or consolidated
election.
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| A candidate seeking election to an office for which | 20 |
| candidates of
political parties are nominated by caucus who is | 21 |
| a participant in the
caucus and who is defeated for his or her | 22 |
| nomination at such caucus is
ineligible to file a declaration | 23 |
| of intent to be a write-in candidate for
election in that | 24 |
| general or consolidated election.
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| A candidate seeking election to an office for which | 26 |
| candidates are
nominated at a primary election on a nonpartisan |
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| basis and who is defeated
for his or her nomination at the | 2 |
| primary election is ineligible to file a
declaration of intent | 3 |
| to be a write-in candidate for election in that
general or | 4 |
| consolidated election.
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| Nothing in this Section shall be construed to apply to | 6 |
| votes
cast under the provisions of subsection (b) of Section | 7 |
| 16-5.01.
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| (Source: P.A. 89-653, eff. 8-14-96.)
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| (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
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| Sec. 18-9.1. Write-in votes shall be counted only for | 11 |
| persons who have
filed notarized declarations of intent to be | 12 |
| write-in candidates with
the proper election authority or | 13 |
| authorities not later than 61 days prior to
5:00 p.m. on
the
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| Tuesday immediately preceding the election.
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| Forms for the declaration of intent to be a write-in | 16 |
| candidate shall
be supplied by the election authorities. Such | 17 |
| declaration shall specify
the office for which the person seeks | 18 |
| election as a write-in candidate.
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| The election authority or authorities shall deliver a list | 20 |
| of all persons
who have filed such declarations to the election | 21 |
| judges in the appropriate
precincts prior to the election.
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| A candidate for whom a nomination paper has been filed as a | 23 |
| partisan
candidate at a primary election, and who is defeated | 24 |
| for his or her
nomination at the primary election, is | 25 |
| ineligible to file a declaration of
intent to be a write-in |
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| candidate for election in that general or
consolidated | 2 |
| election.
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| A candidate seeking election to an office for which | 4 |
| candidates of
political parties are nominated by caucus who is | 5 |
| a participant in the
caucus and who is defeated for his or her | 6 |
| nomination at such caucus is
ineligible to file a declaration | 7 |
| of intent to be a write-in candidate for
election in that | 8 |
| general or consolidated election.
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| A candidate seeking election to an office for which | 10 |
| candidates are
nominated at a primary election on a nonpartisan | 11 |
| basis and who is defeated
for his or her nomination at the | 12 |
| primary election is ineligible to file a
declaration of intent | 13 |
| to be a write-in candidate for election in that
general or | 14 |
| consolidated election.
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| Nothing in this Section shall be construed to apply to | 16 |
| votes
cast under the provisions of subsection (b) of Section | 17 |
| 16-5.01.
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| (Source: P.A. 89-653, eff. 8-14-96.)
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| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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| Sec. 19-8. Time and place of counting ballots. | 21 |
| (a) (Blank.) | 22 |
| (b) Each absent voter's ballot returned to an election | 23 |
| authority, by any means authorized by this Article, and | 24 |
| received by that election authority before the closing of the | 25 |
| polls on election day shall be endorsed by the receiving |
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| election authority with the day and hour of receipt and shall | 2 |
| be counted in the central ballot counting location of the | 3 |
| election authority on the day of the election after 7:00 p.m., | 4 |
| except as provided in subsections (g) and (g-5).
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| (c) Each absent voter's ballot that is mailed to an | 6 |
| election authority and postmarked by the midnight preceding the | 7 |
| opening of the polls on election day, but that is received by | 8 |
| the election authority after the polls close on election day | 9 |
| and before the close of the period for counting provisional | 10 |
| ballots cast at that election, shall be endorsed by the | 11 |
| receiving authority with the day and hour of receipt and shall | 12 |
| be counted at the central ballot counting location of the | 13 |
| election authority during the period for counting provisional | 14 |
| ballots. | 15 |
| Each absent voter's ballot that is mailed to an election | 16 |
| authority absent a postmark, but that is received by the | 17 |
| election authority after the polls close on election day and | 18 |
| before the close of the period for counting provisional ballots | 19 |
| cast at that election, shall be endorsed by the receiving | 20 |
| authority with the day and hour of receipt, opened to inspect | 21 |
| the date inserted on the certification, and, if the | 22 |
| certification date is a date preceding the election day and the | 23 |
| ballot is otherwise found to be valid under the requirements of | 24 |
| this Section, counted at the central ballot counting location | 25 |
| of the election authority during the period for counting | 26 |
| provisional ballots. Absent a date on the certification, the |
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| ballot shall not be counted.
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| (d) Special write-in absentee voter's blank ballots | 3 |
| returned to an election authority, by any means authorized by | 4 |
| this Article, and received by the election authority at any | 5 |
| time before the closing of the polls on election day shall be | 6 |
| endorsed by the receiving election authority with the day and | 7 |
| hour of receipt and shall be counted at the central ballot | 8 |
| counting location of the election authority during the same | 9 |
| period provided for counting absent voters' ballots under | 10 |
| subsections (b), (g), and (g-5). Special write-in absentee | 11 |
| voter's blank ballots that are mailed to an election authority | 12 |
| and postmarked by the midnight preceding the opening of the | 13 |
| polls on election day, but that are received by the election | 14 |
| authority after the polls close on election day and before the | 15 |
| closing of the period for counting provisional ballots cast at | 16 |
| that election, shall be endorsed by the receiving authority | 17 |
| with the day and hour of receipt and shall be counted at the | 18 |
| central ballot counting location of the election authority | 19 |
| during the same periods provided for counting absent voters' | 20 |
| ballots under subsection (c). | 21 |
| (e) Except as otherwise provided in this Section, absent | 22 |
| voters' ballots and special write-in absentee voter's blank | 23 |
| ballots received by the election authority after the closing of | 24 |
| the polls on an
election day shall be endorsed by the election | 25 |
| authority receiving them
with the day and hour of receipt and | 26 |
| shall be safely kept unopened by the
election authority for the |
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| period of time required for the preservation of
ballots used at | 2 |
| the election, and shall then, without being opened, be
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| destroyed in like manner as the used ballots of that election.
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| (f) Counting required under this Section to begin on | 5 |
| election day after the closing of the polls shall commence no | 6 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 7 |
| panels of election judges appointed in the manner provided
by | 8 |
| law. The counting shall continue until all absent voters' | 9 |
| ballots and special write-in absentee voter's blank ballots | 10 |
| required to be counted on election day have been counted.
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| (g) The procedures set forth in Articles 17 and
18 of this | 12 |
| Code shall apply to all ballots counted under
this Section. In | 13 |
| addition, within 2 days after an absentee ballot, other than an | 14 |
| in-person absentee ballot, is received, but in all cases before | 15 |
| the close of the period for counting provisional ballots, the | 16 |
| election judge or official shall compare the voter's signature | 17 |
| on the certification envelope of that absentee ballot with the | 18 |
| signature of the voter on file in the office of the election | 19 |
| authority. If the election judge or official determines that | 20 |
| the 2 signatures match, and that the absentee voter is | 21 |
| otherwise qualified to cast an absentee ballot, the election | 22 |
| authority shall cast and count the ballot on election day or | 23 |
| the day the ballot is determined to be valid, whichever is | 24 |
| later, adding the results to the precinct in which the voter is | 25 |
| registered. If the election judge or official determines that | 26 |
| the signatures do not match, or that the absentee voter is not |
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| qualified to cast an absentee ballot, then without opening the | 2 |
| certification envelope, the judge or official shall mark across | 3 |
| the face of the certification envelope the word "Rejected" and | 4 |
| shall not cast or count the ballot. | 5 |
| In addition to the voter's signatures not matching, an | 6 |
| absentee ballot may be rejected by the election judge or | 7 |
| official: | 8 |
| (1) if the ballot envelope is open or has been opened | 9 |
| and resealed; | 10 |
| (2) if the voter has already cast an early or grace | 11 |
| period ballot; | 12 |
| (3) if the voter voted in person on election day or the | 13 |
| voter is not a duly registered voter in the precinct; or | 14 |
| (4) on any other basis set forth in this Code. | 15 |
| If the election judge or official determines that any of | 16 |
| these reasons apply, the judge or official shall mark across | 17 |
| the face of the certification envelope the word "Rejected" and | 18 |
| shall not cast or count the ballot.
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| (g-5) If an absentee ballot, other than an in-person | 20 |
| absentee ballot, is rejected by the election judge or official | 21 |
| for any reason, the election authority shall, within 2 days | 22 |
| after the rejection but in all cases before the close of the | 23 |
| period for counting provisional ballots, notify the absentee | 24 |
| voter that his or her ballot was rejected. The notice shall | 25 |
| inform the voter of the reason or reasons the ballot was | 26 |
| rejected and shall state that the voter may appear before the |
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| election authority, on or before the 14th day after the | 2 |
| election, to show cause as to why the ballot should not be | 3 |
| rejected. The voter may present evidence to the election | 4 |
| authority supporting his or her contention that the ballot | 5 |
| should be counted. The election authority shall appoint a panel | 6 |
| of 3 election judges to review the contested ballot, | 7 |
| application, and certification envelope, as well as any | 8 |
| evidence submitted by the absentee voter. No more than 2 | 9 |
| election judges on the reviewing panel shall be of the same | 10 |
| political party. The reviewing panel of election judges shall | 11 |
| make a final determination as to the validity of the contested | 12 |
| absentee ballot. The judges' determination shall not be | 13 |
| reviewable either administratively or judicially. | 14 |
| An absentee ballot subject to this subsection that is | 15 |
| determined to be valid shall be counted before the close of the | 16 |
| period for counting provisional ballots.
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| (g-10) All absentee ballots determined to be valid shall be | 18 |
| added to the vote totals for the precincts for which they were | 19 |
| cast in the order in which the ballots were opened.
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| (h) Each political party, candidate, and qualified civic | 21 |
| organization shall be entitled to have present one pollwatcher | 22 |
| for each panel of election judges therein assigned.
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| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
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| Sec. 20-8. Time and place of counting ballots. |
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| (a) (Blank.) | 2 |
| (b) Each absent voter's ballot returned to an election | 3 |
| authority, by any means authorized by this Article, and | 4 |
| received by that election authority before the closing of the | 5 |
| polls on election day shall be endorsed by the receiving | 6 |
| election authority with the day and hour of receipt and shall | 7 |
| be counted in the central ballot counting location of the | 8 |
| election authority on the day of the election after 7:00 p.m., | 9 |
| except as provided in subsections (g) and (g-5).
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| (c) Each absent voter's ballot that is mailed to an | 11 |
| election authority and postmarked by the midnight preceding the | 12 |
| opening of the polls on election day, but that is received by | 13 |
| the election authority after the polls close on election day | 14 |
| and before the close of the period for counting provisional | 15 |
| ballots cast at that election, shall be endorsed by the | 16 |
| receiving authority with the day and hour of receipt and shall | 17 |
| be counted at the central ballot counting location of the | 18 |
| election authority during the period for counting provisional | 19 |
| ballots. | 20 |
| Each absent voter's ballot that is mailed to an election | 21 |
| authority absent a postmark, but that is received by the | 22 |
| election authority after the polls close on election day and | 23 |
| before the close of the period for counting provisional ballots | 24 |
| cast at that election, shall be endorsed by the receiving | 25 |
| authority with the day and hour of receipt, opened to inspect | 26 |
| the date inserted on the certification, and, if the |
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| certification date is a date preceding the election day and the | 2 |
| ballot is otherwise found to be valid under the requirements of | 3 |
| this Section, counted at the central ballot counting location | 4 |
| of the election authority during the period for counting | 5 |
| provisional ballots. Absent a date on the certification, the | 6 |
| ballot shall not be counted.
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| (d) Special write-in absentee voter's blank ballots | 8 |
| returned to an election authority, by any means authorized by | 9 |
| this Article, and received by the election authority at any | 10 |
| time before the closing of the polls on election day shall be | 11 |
| endorsed by the receiving election authority with the day and | 12 |
| hour of receipt and shall be counted at the central ballot | 13 |
| counting location of the election authority during the same | 14 |
| period provided for counting absent voters' ballots under | 15 |
| subsections (b), (g), and (g-5). Special write-in absentee | 16 |
| voter's blank ballot that are mailed to an election authority | 17 |
| and postmarked by midnight preceding the opening of the polls | 18 |
| on election day, but that are received by the election | 19 |
| authority after the polls close on election day and before the | 20 |
| closing of the period for counting provisional ballots cast at | 21 |
| that election, shall be endorsed by the receiving authority | 22 |
| with the day and hour of receipt and shall be counted at the | 23 |
| central ballot counting location of the election authority | 24 |
| during the same periods provided for counting absent voters' | 25 |
| ballots under subsection (c).
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| (e) Except as otherwise provided in this Section, absent |
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| voters' ballots and special write-in absentee voter's blank | 2 |
| ballots received by the election authority after the closing of | 3 |
| the polls on the day of election shall be
endorsed by the | 4 |
| person receiving the ballots with the day and hour of
receipt | 5 |
| and shall be safely kept unopened by the election authority for
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| the period of time required for the preservation of ballots | 7 |
| used at the
election, and shall then, without being opened, be | 8 |
| destroyed in like
manner as the used ballots of that election.
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| (f) Counting required under this Section to begin on | 10 |
| election day after the closing of the polls shall commence no | 11 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 12 |
| panels of election judges appointed in the manner provided
by | 13 |
| law. The counting shall continue until all absent voters' | 14 |
| ballots and special write-in absentee voter's blank ballots | 15 |
| required to be counted on election day have been counted.
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| (g) The procedures set forth in Articles 17 and
18 of this | 17 |
| Code shall apply to all ballots counted under
this Section. In | 18 |
| addition, within 2 days after a ballot subject to this Article | 19 |
| is received, but in all cases before the close of the period | 20 |
| for counting provisional ballots, the election judge or | 21 |
| official shall compare the voter's signature on the | 22 |
| certification envelope of that ballot with the signature of the | 23 |
| voter on file in the office of the election authority. If the | 24 |
| election judge or official determines that the 2 signatures | 25 |
| match, and that the voter is otherwise qualified to cast a | 26 |
| ballot under this Article, the election authority shall cast |
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| and count the ballot on election day or the day the ballot is | 2 |
| determined to be valid, whichever is later, adding the results | 3 |
| to the precinct in which the voter is registered. If the | 4 |
| election judge or official determines that the signatures do | 5 |
| not match, or that the voter is not qualified to cast a ballot | 6 |
| under this Article, then without opening the certification | 7 |
| envelope, the judge or official shall mark across the face of | 8 |
| the certification envelope the word "Rejected" and shall not | 9 |
| cast or count the ballot. | 10 |
| In addition to the voter's signatures not matching, a | 11 |
| ballot subject to this Article may be rejected by the election | 12 |
| judge or official: | 13 |
| (1) if the ballot envelope is open or has been opened | 14 |
| and resealed; | 15 |
| (2) if the voter has already cast an early or grace | 16 |
| period ballot; | 17 |
| (3) if the voter voted in person on election day or the | 18 |
| voter is not a duly registered voter in the precinct; or | 19 |
| (4) on any other basis set forth in this Code. | 20 |
| If the election judge or official determines that any of | 21 |
| these reasons apply, the judge or official shall mark across | 22 |
| the face of the certification envelope the word "Rejected" and | 23 |
| shall not cast or count the ballot. | 24 |
| (g-5) If a ballot subject to this Article is rejected by | 25 |
| the election judge or official for any reason, the election | 26 |
| authority shall, within 2 days after the rejection but in all |
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| cases before the close of the period for counting provisional | 2 |
| ballots, notify the voter that his or her ballot was rejected. | 3 |
| The notice shall inform the voter of the reason or reasons the | 4 |
| ballot was rejected and shall state that the voter may appear | 5 |
| before the election authority, on or before the 14th day after | 6 |
| the election, to show cause as to why the ballot should not be | 7 |
| rejected. The voter may present evidence to the election | 8 |
| authority supporting his or her contention that the ballot | 9 |
| should be counted. The election authority shall appoint a panel | 10 |
| of 3 election judges to review the contested ballot, | 11 |
| application, and certification envelope, as well as any | 12 |
| evidence submitted by the absentee voter. No more than 2 | 13 |
| election judges on the reviewing panel shall be of the same | 14 |
| political party. The reviewing panel of election judges shall | 15 |
| make a final determination as to the validity of the contested | 16 |
| ballot. The judges' determination shall not be reviewable | 17 |
| either administratively or judicially. | 18 |
| A ballot subject to this subsection that is determined to | 19 |
| be valid shall be counted before the close of the period for | 20 |
| counting provisional ballots. | 21 |
| (g-10) All ballots determined to be valid shall be added to | 22 |
| the vote totals for the precincts for which they were cast in | 23 |
| the order in which the ballots were opened.
| 24 |
| (h) Each political party,
candidate, and qualified civic | 25 |
| organization shall be entitled to have
present one pollwatcher | 26 |
| for each panel of election judges therein assigned.
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HB1767 |
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LRB095 09350 JAM 29545 b |
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| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| 2 |
| (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| 3 |
| Sec. 24A-10.1. In an election jurisdiction where | 4 |
| in-precinct counting
equipment is utilized, the following | 5 |
| procedures for counting and
tallying the ballots shall apply:
| 6 |
| Immediately after the closing of the polls, the precinct | 7 |
| judges of election shall open the ballot box and count the
| 8 |
| number of ballots therein
to determine if such number agrees | 9 |
| with the number of voters voting as shown
by the applications | 10 |
| for ballot or, if the same do not agree, the judges
of election | 11 |
| shall make such ballots agree with the applications for ballot
| 12 |
| in the manner provided by Section 17-18 of this Act.
The judges | 13 |
| of election shall then examine all ballot cards and ballot card
| 14 |
| envelopes which are in the ballot box to determine whether the | 15 |
| ballot cards
and ballot card envelopes contain the initials of | 16 |
| a precinct judge of
election. If any ballot card or ballot card | 17 |
| envelope is not initialed, it
shall be marked on the back | 18 |
| "Defective", initialed as to such label by all
judges | 19 |
| immediately under the word "Defective" and not counted. The | 20 |
| judges of
election shall place an initialed blank official | 21 |
| ballot card in the place of
the defective ballot card, so that | 22 |
| the count of the ballot cards to be counted
on the automatic | 23 |
| tabulating equipment will be the same, and each "Defective
| 24 |
| Ballot" card and "Replacement" card shall contain the same | 25 |
| serial number
which shall be placed thereon by the judges of |
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| election, commencing with
number 1 and continuing | 2 |
| consecutively for the ballots of that kind in that
precinct. | 3 |
| The original "Defective" card shall be placed in the "Defective
| 4 |
| Ballot Envelope" provided for that purpose.
| 5 |
| When an electronic voting system is used which utilizes a | 6 |
| ballot card,
before separating the remaining ballot cards from | 7 |
| their respective covering
envelopes, the judges of election | 8 |
| shall examine the ballot card envelopes
for write-in votes. | 9 |
| When the voter has cast a write-in vote, the judges
of election | 10 |
| shall compare the write-in vote with the votes on the ballot
| 11 |
| card to determine whether such write-in results in an overvote | 12 |
| for any office.
In case of an overvote for any office, the | 13 |
| judges of election, consisting
in each case of at least
one | 14 |
| judge of election of each of the 2 major political parties, | 15 |
| shall make
a true duplicate ballot of all votes on such ballot | 16 |
| card except for the
office which is overvoted, by using the | 17 |
| ballot label booklet of the precinct
and one of the marking | 18 |
| devices of the precinct so as to transfer all votes
of the | 19 |
| voter, except for the office overvoted, to a duplicate card. | 20 |
| The
original ballot card and envelope upon which there is an | 21 |
| overvote shall
be clearly labeled
"Overvoted Ballot", and each | 22 |
| such "Overvoted Ballot" as well as its
"Replacement" shall | 23 |
| contain the same serial number which shall be placed thereon by | 24 |
| the
judges of election, commencing with number 1 and continuing | 25 |
| consecutively
for the ballots of that kind in that precinct.
| 26 |
| The "Overvoted Ballot" card and ballot envelope shall be placed |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| in an envelope
provided for that purpose labeled "Duplicate | 2 |
| Ballot" envelope, and the judges
of election shall initial the | 3 |
| "Replacement" ballot
cards and shall place them with the other | 4 |
| ballot cards to be counted on
the automatic tabulating
| 5 |
| equipment. Envelopes containing write-in votes marked in the | 6 |
| place designated
therefor and containing the initials of a | 7 |
| precinct judge of election and
not resulting in an overvote and | 8 |
| otherwise complying with the election laws
as to marking shall | 9 |
| be counted and tallied and their votes recorded on a
tally | 10 |
| sheet provided by the election authority.
| 11 |
| The ballot cards and ballot card envelopes shall be | 12 |
| separated in preparation
for counting by the automatic | 13 |
| tabulating equipment provided for that
purpose by the election | 14 |
| authority.
| 15 |
| Before the ballots are entered into the automatic | 16 |
| tabulating
equipment, a precinct identification card provided | 17 |
| by the election authority
shall be entered into the device to | 18 |
| ensure that the totals are all zeroes
in the count column on | 19 |
| the printing unit. A precinct judge of election
shall then | 20 |
| count the ballots
by entering each ballot card into the | 21 |
| automatic tabulating
equipment, and if any ballot or ballot | 22 |
| card is damaged or defective so that
it cannot properly be | 23 |
| counted by the automatic tabulating equipment, the
judges of | 24 |
| election, consisting in each case of at least one judge of | 25 |
| election
of each of the
2 major political parties, shall make a | 26 |
| true duplicate ballot of all votes
on such ballot card by using |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| the ballot label booklet of the precinct and
one of the marking | 2 |
| devices of the precinct. The original ballot or ballot
card and | 3 |
| envelope shall be clearly labeled "Damaged Ballot" and the | 4 |
| ballot
or ballot card so produced shall be clearly labeled | 5 |
| "Duplicate Damaged Ballot",
and each shall contain the same | 6 |
| serial number which shall be placed
thereon by the judges of | 7 |
| election, commencing with number 1 and continuing
| 8 |
| consecutively for the ballots of
that kind in the precinct. The | 9 |
| judges of election shall initial the "Duplicate
Damaged Ballot" | 10 |
| ballot or ballot cards and shall enter the
duplicate damaged | 11 |
| cards into the automatic tabulating equipment. The "Damaged
| 12 |
| Ballot" cards
shall be placed in the "Duplicated Ballots" | 13 |
| envelope; after all ballot cards
have been successfully read, | 14 |
| the judges of election shall check to make certain that
the | 15 |
| last number printed by the printing unit is the same as the | 16 |
| number of
voters making application for ballot in that | 17 |
| precinct.
The number shall be listed on the "Statement of | 18 |
| Ballots" form provided by
the election authority.
| 19 |
| The totals for all candidates and propositions shall be | 20 |
| tabulated. One copy of an "In-Precinct Totals Report" shall be | 21 |
| generated by the automatic tabulating equipment for return to | 22 |
| the election authority. One copy of an "In-Precinct Totals | 23 |
| Report" shall be generated and posted in a conspicuous place | 24 |
| inside the polling place, provided that any authorized | 25 |
| pollwatcher or other official authorized to be present in the | 26 |
| polling place to observe the counting of ballots is present.
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| The totals for all candidates and propositions shall be | 2 |
| tabulated; 4 sets
shall be attached to the 4 sets of | 3 |
| "Certificate of Results" provided by
the election authority; | 4 |
| one set shall be posted in a conspicuous place inside
the | 5 |
| polling place; and every effort shall be made by the judges of | 6 |
| election
to provide a set for each authorized pollwatcher or | 7 |
| other official authorized
to be present in the polling place to | 8 |
| observe the counting of ballots; but
in no case shall the | 9 |
| number of sets to be made available to pollwatchers
be fewer | 10 |
| than 4, chosen by lot by the judges of election. In addition,
| 11 |
| sufficient
time shall be provided by the judges of election to | 12 |
| the pollwatchers to
allow them to copy information from the set | 13 |
| which has been posted.
| 14 |
| The judges of election shall count all unused ballot cards | 15 |
| and enter the
number on the "Statement of Ballots". All | 16 |
| "Spoiled", "Defective" and
"Duplicated" ballot cards shall be | 17 |
| counted and the number entered on the
"Statement of Ballots".
| 18 |
| The precinct judges of election shall select a bi-partisan | 19 |
| team of 2 judges,
who shall immediately return the ballots in a | 20 |
| sealed container, along with
all other election materials as | 21 |
| instructed by the election authority;
provided, however, that | 22 |
| such container must first be sealed by the election
judges with | 23 |
| filament tape provided for such purpose which shall be wrapped
| 24 |
| around the container lengthwise and crosswise, at least twice | 25 |
| each way, in
such manner that the ballots cannot be removed | 26 |
| from such container without
breaking the seal and filament tape |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| and disturbing any signatures affixed
by the election judges to | 2 |
| the container. The election authority shall keep
the office of | 3 |
| the election authority, or any receiving stations designated
by | 4 |
| such authority, open for at least 12 consecutive hours after | 5 |
| the polls
close or until the ballots from all precincts with | 6 |
| in-precinct counting
equipment within the jurisdiction of the | 7 |
| election authority have been
returned to the election | 8 |
| authority. Ballots returned to the office of the
election | 9 |
| authority which are not signed and sealed as required by law | 10 |
| shall
not be accepted by the election authority until the | 11 |
| judges returning the
same make and sign the necessary | 12 |
| corrections. Upon acceptance of the ballots
by the election | 13 |
| authority, the judges returning the same shall take a
receipt | 14 |
| signed by the election authority and stamped with the time and | 15 |
| date
of such return. The election judges whose duty it is to | 16 |
| return any ballots
as herein provided shall, in the event such | 17 |
| ballots cannot be found when
needed, on proper request, produce | 18 |
| the receipt which they are to take as above provided.
| 19 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 20 |
| (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| 21 |
| Sec. 24A-15. The precinct return printed by the automatic | 22 |
| tabulating
equipment shall include the number of ballots cast
| 23 |
| and votes cast for each candidate and proposition and shall | 24 |
| constitute the
official return of each precinct. In addition to | 25 |
| the precinct return, the
election authority shall provide the |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| number of applications for ballots
in each precinct, the | 2 |
| write-in votes, the total number of ballots counted in
each | 3 |
| precinct for each political subdivision and district and the | 4 |
| number
of registered voters in each precinct. However, the | 5 |
| election authority
shall check the totals shown by the precinct | 6 |
| return and, if there is an
obvious discrepancy with respect to | 7 |
| the total number of votes cast in any
precinct, shall have the | 8 |
| ballots for such precinct retabulated to correct
the return. | 9 |
| The procedures for retabulation shall apply prior to and
after | 10 |
| the proclamation is completed; however, after the proclamation | 11 |
| of
results, the election authority must obtain a court order to | 12 |
| unseal voted
ballots except for election contests and discovery | 13 |
| recounts.
In those election jurisdictions that utilize | 14 |
| in-precinct counting
equipment, the certificate of results, | 15 |
| which has been prepared by the
judges of election in the | 16 |
| polling place after the ballots have been
tabulated, shall be | 17 |
| the document used for the canvass of votes for such
precinct. | 18 |
| Whenever a discrepancy exists during the canvass of votes
| 19 |
| between the unofficial results and the certificate of results, | 20 |
| or whenever
a discrepancy exists during the canvass of votes | 21 |
| between the certificate of
results and the set of totals which | 22 |
| has been affixed to such certificate of
results, the ballots | 23 |
| for such precinct shall be retabulated to correct the
return. | 24 |
| As an additional part of this check prior to the proclamation, | 25 |
| in
those jurisdictions where in-precinct counting equipment is | 26 |
| utilized, the
election authority shall retabulate the total |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| number of votes cast in 5% of
the precincts within the election | 2 |
| jurisdiction. The precincts to be
retabulated shall be selected | 3 |
| after election day on a random basis by the
State Board of | 4 |
| Elections, so that every precinct in the election jurisdiction | 5 |
| has
an equal mathematical chance of being selected. The State | 6 |
| Board of
Elections shall design a standard and scientific | 7 |
| random method of selecting
the precincts which are to be | 8 |
| retabulated. The State central committee
chairman of each | 9 |
| established political party shall be given prior written notice | 10 |
| of the time and place of
such random selection procedure and | 11 |
| may be represented at such procedure.
Such retabulation shall | 12 |
| consist of counting the ballot cards which were
originally | 13 |
| counted and shall not involve any determination as to which
| 14 |
| ballot cards were, in fact, properly counted. The ballots from | 15 |
| the
precincts selected for such retabulation shall remain at | 16 |
| all times under
the custody and control of the election | 17 |
| authority and shall be transported
and retabulated by the | 18 |
| designated staff of the election authority.
| 19 |
| As part of such retabulation, the election authority shall | 20 |
| test the
computer program in the selected precincts. Such test
| 21 |
| shall be conducted by processing a preaudited group of ballots | 22 |
| so punched
so as to record a predetermined number of valid | 23 |
| votes for each candidate
and on each public question, and shall | 24 |
| include for each office one or more
ballots which have votes in | 25 |
| excess of the number allowed by law in order
to test the | 26 |
| ability of the equipment to reject such votes. If any error
is |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| detected, the cause therefor shall be ascertained and corrected | 2 |
| and an
errorless count shall be made prior to the official | 3 |
| canvass and proclamation
of election results.
| 4 |
| The State Board of Elections, the State's Attorney and | 5 |
| other appropriate
law enforcement agencies, the county | 6 |
| chairman of each established political
party and qualified | 7 |
| civic organizations shall be given prior written notice
of the | 8 |
| time and place of such retabulation and may be represented at | 9 |
| such
retabulation.
| 10 |
| The results of this retabulation shall be treated in the | 11 |
| same manner and
have the same effect as the results of the | 12 |
| discovery procedures set forth
in Section 22-9.1 of this Act. | 13 |
| Upon completion of the retabulation, the
election authority | 14 |
| shall print a comparison of the results of the
retabulation | 15 |
| with the original precinct return printed by the automatic
| 16 |
| tabulating equipment. Such comparison shall be done for each | 17 |
| precinct and
for each office voted upon within that precinct, | 18 |
| and the comparisons shall
be open to the public.
| 19 |
| (Source: P.A. 94-1000, eff. 7-3-06.)
| 20 |
| (10 ILCS 5/24B-6)
| 21 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 22 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 23 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 24 |
| shall, as far
as practicable, be in the order of arrangement | 25 |
| provided for paper
ballots, except that the information may be |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| in vertical or
horizontal rows, or on a number of separate | 2 |
| pages or displays on the marking
device. Ballots for
all | 3 |
| questions or propositions to be voted on should be provided
in | 4 |
| a similar manner and must be arranged on the ballot sheet or | 5 |
| marking
device in
the places provided for such purposes. | 6 |
| Ballots shall be of white
paper unless provided otherwise by | 7 |
| administrative rule of the State Board of
Elections or | 8 |
| otherwise specified.
| 9 |
| All propositions, including but not limited to | 10 |
| propositions
calling for a constitutional convention, | 11 |
| constitutional
amendment, judicial retention, and public | 12 |
| measures to be voted
upon shall be placed on separate portions | 13 |
| of the ballot sheet or marking
device by
utilizing borders or | 14 |
| grey screens. Candidates shall be listed on
a separate portion | 15 |
| of the ballot sheet or marking device by utilizing
borders or
| 16 |
| grey screens. Whenever a person has submitted a declaration of | 17 |
| intent to be a write-in candidate as required in Sections | 18 |
| 17-16.1 and 19-9.1,
Below the name of the last candidate listed | 19 |
| for an
office shall be printed or displayed a line or lines on | 20 |
| which the voter
may select a
write-in candidate shall be | 21 |
| printed below the name of the last candidate listed for such | 22 |
| office . Such line or lines shall be proximate to an area | 23 |
| provided for marking
votes for the write-in candidate or
| 24 |
| candidates. The number of write-in lines for an office shall | 25 |
| equal the number
of write-in candidates who have filed for such | 26 |
| office, up to the number of candidates
for which a voter may |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| vote. More than one amendment to the constitution may be
placed | 2 |
| on the
same portion of the ballot sheet or marking device.
| 3 |
| Constitutional convention or constitutional amendment
| 4 |
| propositions shall be printed or displayed on a separate | 5 |
| portion of the
ballot
sheet or marking device and designated by | 6 |
| borders or grey screens, unless
otherwise
provided by | 7 |
| administrative rule of the State Board of Elections.
More than | 8 |
| one public measure or proposition may be placed on the
same | 9 |
| portion of the ballot sheet or marking device. More than
one | 10 |
| proposition for retention of judges in office may be placed
on | 11 |
| the same portion of the ballot sheet or marking device.
Names | 12 |
| of candidates shall be printed in black. The party
affiliation | 13 |
| of each candidate or the word "independent" shall
appear near | 14 |
| or under the candidate's name, and the names of
candidates for | 15 |
| the same office shall be listed vertically under
the title of | 16 |
| that office, on separate pages of the marking device, or as
| 17 |
| otherwise approved by the State Board of Elections. In the case | 18 |
| of
nonpartisan elections
for officers of political | 19 |
| subdivisions, unless the statute or an
ordinance adopted | 20 |
| pursuant to Article VII of the Constitution
requires otherwise, | 21 |
| the listing of nonpartisan candidates
shall not include any | 22 |
| party or "independent" designation.
Judicial retention
| 23 |
| questions and ballot questions for all public measures and | 24 |
| other propositions
shall be designated by borders or grey | 25 |
| screens on the ballot or marking
device.
In primary
elections, | 26 |
| a separate ballot, or displays on the marking device, shall be
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| used for each political
party holding a primary, with the | 2 |
| ballot or marking device arranged to
include
names of the | 3 |
| candidates of the party and public measures and
other | 4 |
| propositions to be voted upon on the day of the primary
| 5 |
| election.
| 6 |
| If the ballot includes both candidates for office and | 7 |
| public
measures or propositions to be voted on, the election | 8 |
| official in
charge of the election shall divide the ballot or | 9 |
| displays on the marking
device in sections for
"Candidates" and | 10 |
| "Propositions", or separate ballots may be used.
| 11 |
| Absentee ballots may consist of envelopes, paper ballots or
| 12 |
| ballot sheets voted in person in the office of the election
| 13 |
| official in charge of the election or voted by mail. Where a
| 14 |
| Precinct Tabulation Optical Scan Technology ballot is used for
| 15 |
| voting by mail it must be accompanied by voter instructions.
| 16 |
| Any voter who spoils his or her ballot, makes an error, or | 17 |
| has a ballot
returned by the automatic tabulating equipment may | 18 |
| return
the ballot to the judges of election and get another | 19 |
| ballot.
| 20 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 21 |
| (10 ILCS 5/24B-10.1)
| 22 |
| Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | 23 |
| for Counting and
Tallying Ballots. In an election
jurisdiction | 24 |
| where Precinct Tabulation Optical Scan Technology
counting | 25 |
| equipment is used, the following procedures for
counting and |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| tallying the ballots shall apply:
| 2 |
| Before the opening of the polls, and before the ballots are
| 3 |
| entered into the automatic tabulating equipment, the judges of
| 4 |
| election shall be sure that the totals are all zeros in the
| 5 |
| counting column. Ballots may then be counted by entering or | 6 |
| scanning
each ballot into the automatic tabulating equipment.
| 7 |
| Throughout the election day and before the closing of the | 8 |
| polls, no person
may check any vote totals for any candidate or | 9 |
| proposition on the automatic
tabulating equipment. Such | 10 |
| automatic tabulating equipment shall be programmed
so that no | 11 |
| person may reset the equipment for refeeding of ballots unless
| 12 |
| provided a code from an authorized representative of the | 13 |
| election
authority.
At the option of the election authority, | 14 |
| the ballots may be fed into the
Precinct Tabulation Optical | 15 |
| Scan Technology
equipment by the voters under the direct
| 16 |
| supervision of the judges of elections.
| 17 |
| Immediately after the closing of the polls, the precinct | 18 |
| judges of election shall open the ballot box
and count the | 19 |
| number of ballots to determine if the
number agrees with the | 20 |
| number of voters voting as shown on the
Precinct Tabulation | 21 |
| Optical Scan Technology equipment and by the
applications for | 22 |
| ballot or, if the same do not agree, the judges
of election | 23 |
| shall make the ballots agree with the applications
for ballot | 24 |
| in the manner provided by Section 17-18 of this Code.
The | 25 |
| judges of election shall then examine all ballots which are
in | 26 |
| the ballot box to determine whether the ballots contain the
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| initials of a precinct judge of election. If any ballot is not
| 2 |
| initialed, it shall be marked on the back "Defective", | 3 |
| initialed
as to such label by all judges immediately under the | 4 |
| word
"Defective" and not counted. The judges of election shall | 5 |
| place
an initialed blank official ballot in the place of the | 6 |
| defective
ballot, so that the count of the ballots to be | 7 |
| counted
on the automatic tabulating equipment will be the same, | 8 |
| and each
"Defective Ballot" and "Replacement" ballot shall | 9 |
| contain the
same serial number which shall be placed thereon by | 10 |
| the judges of
election, beginning with number 1 and continuing | 11 |
| consecutively
for the ballots of that kind in that precinct. | 12 |
| The original
"Defective" ballot shall be placed in the | 13 |
| "Defective Ballot
Envelope" provided for that purpose.
| 14 |
| If the judges of election have removed a ballot pursuant to | 15 |
| Section 17-18,
have labeled "Defective" a ballot which is not | 16 |
| initialed, or have otherwise
determined under this Code to not | 17 |
| count a ballot originally deposited into a
ballot box, the | 18 |
| judges of election shall be sure that the totals on the
| 19 |
| automatic tabulating equipment are reset to all zeros in the | 20 |
| counting column.
Thereafter the judges of election shall enter | 21 |
| or otherwise scan each ballot
to be counted in the
automatic | 22 |
| tabulating equipment. Resetting the automatic tabulating | 23 |
| equipment
to all zeros and re-entering of ballots to be counted | 24 |
| may occur at the precinct
polling place, the office of the | 25 |
| election authority, or any receiving station
designated by the | 26 |
| election authority. The election authority shall designate
the |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| place for resetting and re-entering or re-scanning.
| 2 |
| When a Precinct Tabulation Optical Scan Technology
| 3 |
| electronic voting system is used which uses a paper ballot,
the | 4 |
| judges of election shall examine the ballot for write-in
votes. | 5 |
| When the voter has cast a write-in vote, the judges of
election | 6 |
| shall compare the write-in vote with the votes on the
ballot to | 7 |
| determine whether the write-in results in an overvote
for any | 8 |
| office, unless the Precinct Tabulation Optical Scan
Technology | 9 |
| equipment has already done so. In case of an overvote
for any | 10 |
| office, the judges of election, consisting in each case
of at | 11 |
| least one judge of election of each of the 2 major
political | 12 |
| parties, shall make a true duplicate ballot of all
votes on | 13 |
| such ballot except for the office which is
overvoted, by using | 14 |
| the ballot of the precinct and one of the
marking devices, or | 15 |
| equivalent ballot, of the precinct so as to transfer
all votes
| 16 |
| of
the voter, except for the office overvoted, to a duplicate
| 17 |
| ballot. The original ballot upon which there is an overvote
| 18 |
| shall be clearly labeled "Overvoted Ballot", and each such
| 19 |
| "Overvoted Ballot" as well as its "Replacement" shall contain | 20 |
| the
same serial number which shall be placed thereon by the | 21 |
| judges of
election, beginning with number 1 and continuing | 22 |
| consecutively
for the ballots of that kind in that precinct. | 23 |
| The "Overvoted
Ballot" shall be placed in an envelope provided | 24 |
| for that purpose
labeled "Duplicate Ballot" envelope, and the | 25 |
| judges of election
shall initial the "Replacement" ballots and | 26 |
| shall place them with
the other ballots to be counted on the |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| automatic tabulating
equipment.
| 2 |
| If any ballot is damaged or defective, or if any ballot
| 3 |
| contains a Voting Defect, so that it cannot properly be counted
| 4 |
| by the automatic tabulating equipment, the voter or the judges | 5 |
| of
election, consisting in each case of at least one judge of
| 6 |
| election of each of the 2 major political parties, shall make a
| 7 |
| true duplicate ballot of all votes on such ballot by using the
| 8 |
| ballot of the precinct and one of the marking devices of the
| 9 |
| precinct, or equivalent. If a damaged ballot, the original | 10 |
| ballot shall be
clearly labeled "Damaged Ballot" and the ballot | 11 |
| so produced shall
be clearly labeled "Damaged Ballot" and the | 12 |
| ballot
so produced shall be clearly labeled "Duplicate Damaged | 13 |
| Ballot", and each
shall contain the same serial number which | 14 |
| shall be placed
by the judges of election, beginning with | 15 |
| number 1 and
continuing consecutively for the ballots of that | 16 |
| kind in the
precinct. The judges of election shall initial the | 17 |
| "Duplicate
Damaged Ballot" ballot and shall enter or otherwise | 18 |
| scan the duplicate
damaged
ballot into the automatic tabulating | 19 |
| equipment. The "Damaged
Ballots" shall be placed in the | 20 |
| "Duplicated Ballots" envelope;
after all ballots have been | 21 |
| successfully read, the judges of
election shall check to make | 22 |
| certain that the Precinct Tabulation
Optical Scan Technology | 23 |
| equipment readout agrees with the number
of voters making | 24 |
| application for ballot in that precinct. The
number shall be | 25 |
| listed on the "Statement of Ballots" form
provided by the | 26 |
| election authority.
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| The totals for all candidates and propositions shall be | 2 |
| tabulated. One copy of an "In-Precinct Totals Report" shall be | 3 |
| generated by the automatic tabulating equipment for return to | 4 |
| the election authority. One copy of an "In-Precinct Totals | 5 |
| Report" shall be generated and posted in a conspicuous place | 6 |
| inside the polling place, provided that any authorized | 7 |
| pollwatcher or other official authorized to be present in the | 8 |
| polling place to observe the counting of ballots is present.
| 9 |
| The totals for all candidates and propositions shall be
| 10 |
| tabulated; and 4 copies of a "Certificate of Results" shall be
| 11 |
| generated by the automatic tabulating equipment; one copy shall | 12 |
| be
posted in a conspicuous place inside the polling place; and | 13 |
| every
effort shall be made by the judges of election to provide | 14 |
| a copy
for each authorized pollwatcher or other official | 15 |
| authorized to
be present in the polling place to observe the | 16 |
| counting of
ballots; but in no case shall the number of copies | 17 |
| to be made
available to pollwatchers be fewer than 4, chosen by | 18 |
| lot by the
judges of election. In addition, sufficient time | 19 |
| shall be
provided by the judges of election to the pollwatchers | 20 |
| to allow
them to copy information from the copy which has been | 21 |
| posted.
| 22 |
| The judges of election shall count all unused ballots and
| 23 |
| enter the number on the "Statement of Ballots". All "Spoiled",
| 24 |
| "Defective" and "Duplicated" ballots shall be counted and the
| 25 |
| number entered on the "Statement of Ballots".
| 26 |
| The precinct judges of election shall select a bi-partisan
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| team of 2 judges, who shall immediately return the ballots in a
| 2 |
| sealed container, along with all other election materials as
| 3 |
| instructed by the election authority; provided, however, that
| 4 |
| such container must first be sealed by the election judges with
| 5 |
| filament tape or other approved sealing devices provided for | 6 |
| the
purpose which shall be wrapped around the container | 7 |
| lengthwise
and crosswise, at least twice each way, in a manner | 8 |
| that the
ballots cannot be removed from the container without | 9 |
| breaking
the seal and filament tape and disturbing any | 10 |
| signatures affixed
by the election judges to the container, or | 11 |
| which other approved
sealing devices are affixed in a manner | 12 |
| approved by the election
authority. The election authority | 13 |
| shall keep the office of the
election authority or any | 14 |
| receiving stations designated by the
authority, open for at | 15 |
| least 12 consecutive hours after the polls
close or until the | 16 |
| ballots from all precincts with in-precinct
counting equipment | 17 |
| within the jurisdiction of the election
authority have been | 18 |
| returned to the election authority. Ballots
returned to the | 19 |
| office of the election authority which are not
signed and | 20 |
| sealed as required by law shall not be accepted by the
election | 21 |
| authority until the judges returning the ballots make and
sign | 22 |
| the necessary corrections. Upon acceptance of the ballots
by | 23 |
| the election authority, the judges returning the ballots shall
| 24 |
| take a receipt signed by the election authority and stamped | 25 |
| with
the time and date of the return. The election judges whose | 26 |
| duty
it is to return any ballots as provided shall, in the
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| event the ballots cannot be found when needed, on proper
| 2 |
| request, produce the receipt which they are to take as above
| 3 |
| provided. The precinct judges of election shall also deliver
| 4 |
| the Precinct Tabulation Optical Scan Technology equipment to | 5 |
| the
election authority.
| 6 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 7 |
| 94-1000, eff. 7-3-06.)
| 8 |
| (10 ILCS 5/24B-15)
| 9 |
| Sec. 24B-15. Official Return of Precinct; Check of Totals; | 10 |
| Retabulation. The precinct return printed by the automatic
| 11 |
| Precinct Tabulation Optical Scan Technology tabulating | 12 |
| equipment
shall include the number of ballots cast
and votes | 13 |
| cast for each candidate and proposition and shall
constitute | 14 |
| the official return of each precinct. In addition to the | 15 |
| precinct
return, the election
authority shall provide the | 16 |
| number of applications for ballots in
each precinct, the | 17 |
| write-in votes, the total number of ballots
counted in each | 18 |
| precinct for each political subdivision and
district and the | 19 |
| number of registered voters in each precinct.
However, the | 20 |
| election authority shall check the totals shown by
the precinct | 21 |
| return and, if there is an obvious discrepancy regarding
the | 22 |
| total number of votes cast in any precinct, shall
have the | 23 |
| ballots for that precinct retabulated to correct the
return.
| 24 |
| The procedures for retabulation shall apply prior to and after | 25 |
| the
proclamation is completed; however, after the proclamation |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| of results, the
election authority must obtain a court order to | 2 |
| unseal voted ballots except for
election contests and discovery | 3 |
| recounts.
In those election jurisdictions that use in-precinct
| 4 |
| counting equipment, the certificate of results, which has been
| 5 |
| prepared by the judges of election in the polling place after | 6 |
| the
ballots have been tabulated, shall be the document used for | 7 |
| the
canvass of votes for such precinct. Whenever a discrepancy
| 8 |
| exists during the canvass of votes between the unofficial | 9 |
| results
and the certificate of results, or whenever a | 10 |
| discrepancy exists
during the canvass of votes between the | 11 |
| certificate of results
and the set of totals which has been | 12 |
| affixed to the certificate
of results, the ballots for that | 13 |
| precinct shall be retabulated to
correct the return. As an | 14 |
| additional part of this check prior to
the proclamation, in | 15 |
| those jurisdictions where in-precinct
counting equipment is | 16 |
| used, the election authority shall
retabulate the total number | 17 |
| of votes cast in 5% of the precincts
within the election | 18 |
| jurisdiction. The precincts to be
retabulated shall be selected | 19 |
| after election day on a random
basis by the State Board of | 20 |
| Elections, so that every precinct in the
election jurisdiction | 21 |
| has an equal mathematical chance of being
selected. The State | 22 |
| Board of Elections shall design a standard
and scientific | 23 |
| random method of selecting the precincts which are
to be | 24 |
| retabulated. The State central committee chairman of each | 25 |
| established political party
shall be given prior written notice
| 26 |
| of the time and place of the random selection procedure and may
|
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| be represented at the procedure. The retabulation shall
consist | 2 |
| of counting the ballots which were originally counted and
shall | 3 |
| not involve any determination of which ballots were, in
fact, | 4 |
| properly counted. The ballots from the precincts selected
for | 5 |
| the retabulation shall remain at all times under the custody
| 6 |
| and control of the election authority and shall be transported
| 7 |
| and retabulated by the designated staff of the election
| 8 |
| authority.
| 9 |
| As part of the retabulation, the election authority shall
| 10 |
| test the computer program in the selected precincts. The test
| 11 |
| shall be conducted by processing a preaudited group of ballots
| 12 |
| marked to record a predetermined number of valid votes for
each | 13 |
| candidate and on each public question, and shall include for
| 14 |
| each office one or more ballots which have votes in excess of | 15 |
| the
number allowed by law to test the ability of the
equipment | 16 |
| and the marking device to reject such votes. If any error is
| 17 |
| detected, the
cause shall be determined and corrected, and an
| 18 |
| errorless count shall be made prior to the official canvass and
| 19 |
| proclamation of election results.
| 20 |
| The State Board of Elections, the State's Attorney and | 21 |
| other
appropriate law enforcement agencies, the county | 22 |
| chairman of each
established political party and qualified | 23 |
| civic organizations
shall be given prior written notice of the | 24 |
| time and place of the
retabulation and may be represented at | 25 |
| the retabulation.
| 26 |
| The results of this retabulation shall be treated in the
|
|
|
|
HB1767 |
- 36 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| same manner and have the same effect as the results of the
| 2 |
| discovery procedures set forth in Section 22-9.1 of this Code.
| 3 |
| Upon completion of the retabulation, the election authority | 4 |
| shall
print a comparison of the results of the retabulation | 5 |
| with the
original precinct return printed by the automatic | 6 |
| tabulating
equipment. The comparison shall be done for each | 7 |
| precinct and
for each office voted upon within that precinct, | 8 |
| and the
comparisons shall be open to the public. Upon | 9 |
| completion of the
retabulation, the returns shall be open to | 10 |
| the public.
| 11 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
| 12 |
| (10 ILCS 5/24C-12)
| 13 |
| Sec. 24C-12. Procedures for Counting and Tallying of
| 14 |
| Ballots. In an election jurisdiction where a Direct Recording
| 15 |
| Electronic Voting System is used, the following procedures for
| 16 |
| counting and tallying the ballots shall apply:
| 17 |
| Before the opening of the polls, the judges of elections
| 18 |
| shall assemble the voting equipment and devices and turn the
| 19 |
| equipment on. The judges shall, if necessary, take steps to
| 20 |
| activate the voting devices and counting equipment by inserting
| 21 |
| into the equipment and voting devices appropriate data cards
| 22 |
| containing passwords and data codes that will select the proper
| 23 |
| ballot formats selected for that polling place and that will
| 24 |
| prevent inadvertent or unauthorized activation of the | 25 |
| poll-opening function.
Before voting begins and before ballots |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| are
entered into the voting devices, the judges of election | 2 |
| shall
cause to be printed a record of the following: the | 3 |
| election's
identification data, the device's unit | 4 |
| identification, the
ballot's format identification, the | 5 |
| contents of each active
candidate register by office and of | 6 |
| each active public question
register showing that they contain | 7 |
| all zero votes, all ballot
fields that can be used to invoke | 8 |
| special voting options, and
other information needed to ensure | 9 |
| the readiness of the
equipment and to accommodate | 10 |
| administrative reporting
requirements. The judges must also | 11 |
| check to be sure that the
totals are all zeros in the counting | 12 |
| columns and in the public
counter affixed to the voting | 13 |
| devices.
| 14 |
| After the judges have determined that a person is qualified
| 15 |
| to vote, a voting device with the proper ballot to which the
| 16 |
| voter is entitled shall be enabled to be used by the voter. The
| 17 |
| ballot may then be cast by the voter by marking by appropriate
| 18 |
| means the designated area of the ballot for the casting of a
| 19 |
| vote for any candidate or for or against any public question.
| 20 |
| The voter shall be able to vote for any and all candidates and
| 21 |
| public measures appearing on the ballot in any legal number and
| 22 |
| combination and the voter shall be able to delete, change or
| 23 |
| correct his or her selections before the ballot is cast. The
| 24 |
| voter shall be able to select candidates whose names do not
| 25 |
| appear upon the ballot for any office by entering | 26 |
| electronically
as many names of candidates as the voter is |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| entitled to select
for each office.
| 2 |
| Upon completing his or her selection of candidates or
| 3 |
| public questions, the voter shall signify that voting has been
| 4 |
| completed by activating the appropriate button, switch or | 5 |
| active
area of the ballot screen associated with end of voting. | 6 |
| Upon
activation, the voting system shall record an image of the
| 7 |
| completed ballot, increment the proper ballot position
| 8 |
| registers, and shall signify to the voter that the ballot has
| 9 |
| been cast. Upon activation, the voting system shall also print
| 10 |
| a permanent paper record of each ballot cast as defined in
| 11 |
| Section 24C-2 of this Code. This permanent paper record shall
| 12 |
| (i) be printed in a clear, readily readable format that can be | 13 |
| easily reviewed by the voter for completeness and accuracy and | 14 |
| (ii) either be self-contained within the voting device or be
| 15 |
| deposited by the voter into a secure ballot box. No permanent
| 16 |
| paper record shall be removed from the polling place except by
| 17 |
| election officials as authorized by this Article. All permanent
| 18 |
| paper records shall be preserved and secured by election
| 19 |
| officials in the same manner as paper ballots and shall be
| 20 |
| available as an official record for any recount, redundant
| 21 |
| count, or verification or retabulation of the vote count
| 22 |
| conducted with respect to any election in which the voting
| 23 |
| system is used. The voter shall exit the voting station and
the | 24 |
| voting system shall prevent any further attempt to vote
until | 25 |
| it has been properly re-activated. If a voting device has
been | 26 |
| enabled for voting but the voter leaves the polling place
|
|
|
|
HB1767 |
- 39 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| without casting a ballot, 2 judges of election, one from each | 2 |
| of
the 2 major political parties, shall spoil the ballot.
| 3 |
| Throughout the election day and before the closing of the
| 4 |
| polls, no person may check any vote totals for any candidate or
| 5 |
| public question on the voting or counting equipment. Such
| 6 |
| equipment shall be programmed so that no person may reset the
| 7 |
| equipment for reentry of ballots unless provided the proper | 8 |
| code
from an authorized representative of the election | 9 |
| authority.
| 10 |
| The precinct judges of election shall check the public
| 11 |
| register to determine whether the number of ballots counted by
| 12 |
| the voting equipment agrees with the number of voters voting as
| 13 |
| shown by the applications for ballot. If the same do not agree,
| 14 |
| the judges of election shall immediately contact the offices of
| 15 |
| the election authority in charge of the election for further
| 16 |
| instructions. If the number of ballots counted by the voting
| 17 |
| equipment agrees with the number of voters voting as shown by
| 18 |
| the application for ballot, the number shall be listed on the
| 19 |
| "Statement of Ballots" form provided by the election authority.
| 20 |
| The totals for all candidates and propositions shall be | 21 |
| tabulated. One copy of an "In-Precinct Totals Report" shall be | 22 |
| generated by the automatic tabulating equipment for return to | 23 |
| the election authority. One copy of an "In-Precinct Totals | 24 |
| Report" shall be generated and posted in a conspicuous place | 25 |
| inside the polling place, provided that any authorized | 26 |
| pollwatcher or other official authorized to be present in the |
|
|
|
HB1767 |
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LRB095 09350 JAM 29545 b |
|
| 1 |
| polling place to observe the counting of ballots is present.
| 2 |
| Except as otherwise provided in this Section, the
totals for | 3 |
| all candidates and propositions shall be
tabulated; and 4 | 4 |
| copies of a "Certificate of Results" shall be
printed by the | 5 |
| automatic tabulating equipment; one copy shall be
posted in a | 6 |
| conspicuous place inside the polling place; and
every effort | 7 |
| shall be made by the judges of election to provide
a copy for | 8 |
| each authorized pollwatcher or other official
authorized to be | 9 |
| present in the polling place to observe the
counting of | 10 |
| ballots; but in no case shall the number of copies
to be made | 11 |
| available to pollwatchers be fewer than 4, chosen by
lot by the | 12 |
| judges of election. In addition, sufficient time
shall be | 13 |
| provided by the judges of election to the pollwatchers
to allow | 14 |
| them to copy information from the copy which has been
posted.
| 15 |
| Until December 31, 2007, in elections at which fractional | 16 |
| cumulative votes are cast for candidates, the tabulation of | 17 |
| those fractional cumulative votes may be made by the election | 18 |
| authority at its central office location, and 4 copies of a | 19 |
| "Certificate of Results" shall be printed by the automatic | 20 |
| tabulation equipment and shall be posted in 4 conspicuous | 21 |
| places at the central office location where those fractional | 22 |
| cumulative votes have been tabulated.
| 23 |
| If instructed by the election authority, the judges of
| 24 |
| election shall cause the tabulated returns to be transmitted
| 25 |
| electronically to the offices of the election authority via
| 26 |
| modem or other electronic medium.
|
|
|
|
HB1767 |
- 41 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| The precinct judges of election shall select a bi-partisan
| 2 |
| team of 2 judges, who shall immediately return the ballots in a
| 3 |
| sealed container, along with all other election materials and
| 4 |
| equipment as instructed by the election authority; provided,
| 5 |
| however, that such container must first be sealed by the
| 6 |
| election judges with filament tape or other approved sealing
| 7 |
| devices provided for the purpose in a manner that the ballots
| 8 |
| cannot be removed from the container without breaking the seal
| 9 |
| or filament tape and disturbing any signatures affixed by the
| 10 |
| election judges to the container. The election authority shall
| 11 |
| keep the office of the election authority, or any receiving
| 12 |
| stations designated by the authority, open for at least 12
| 13 |
| consecutive hours after the polls close or until the ballots | 14 |
| and
election material and equipment from all precincts within | 15 |
| the
jurisdiction of the election authority have been returned | 16 |
| to the
election authority. Ballots and election materials and
| 17 |
| equipment returned to the office of the election authority | 18 |
| which
are not signed and sealed as required by law shall not be
| 19 |
| accepted by the election authority until the judges returning
| 20 |
| the ballots make and sign the necessary corrections. Upon
| 21 |
| acceptance of the ballots and election materials and equipment
| 22 |
| by the election authority, the judges returning the ballots
| 23 |
| shall take a receipt signed by the election authority and
| 24 |
| stamped with the time and date of the return. The election
| 25 |
| judges whose duty it is to return any ballots and election
| 26 |
| materials and equipment as provided shall, in the event the
|
|
|
|
HB1767 |
- 42 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| ballots, materials or equipment cannot be found when needed, on
| 2 |
| proper request, produce the receipt which they are to take as
| 3 |
| above provided.
| 4 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 5 |
| 94-1073, eff. 12-26-06.)
| 6 |
| (10 ILCS 5/24C-15)
| 7 |
| Sec. 24C-15. Official Return of Precinct; Check of Totals;
| 8 |
| Audit. The precinct return printed by the Direct Recording
| 9 |
| Electronic Voting System tabulating equipment shall include | 10 |
| the
number of ballots cast and votes cast for each candidate | 11 |
| and
public question and shall constitute the official return of | 12 |
| each
precinct. In addition to the precinct return, the election
| 13 |
| authority shall provide the number of applications for ballots
| 14 |
| in each precinct, the total number of ballots and absentee
| 15 |
| ballots counted in each precinct for each political subdivision
| 16 |
| and district and the number of registered voters in each
| 17 |
| precinct. However, the election authority shall check the
| 18 |
| totals shown by the precinct return and, if there is an obvious
| 19 |
| discrepancy regarding the total number of votes cast in any
| 20 |
| precinct, shall have the ballots for that precinct audited to
| 21 |
| correct the return. The procedures for this audit shall apply
| 22 |
| prior to and after the proclamation is completed; however, | 23 |
| after
the proclamation of results, the election authority must | 24 |
| obtain
a court order to unseal voted ballots or voting devices | 25 |
| except
for election contests and discovery recounts. The |
|
|
|
HB1767 |
- 43 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| certificate
of results, which has been prepared and signed by | 2 |
| the judges of
election in the polling place after the ballots | 3 |
| have been
tabulated, shall be the document used for the canvass | 4 |
| of votes
for such precinct. Whenever a discrepancy exists | 5 |
| during the
canvass of votes between the unofficial results and | 6 |
| the
certificate of results, or whenever a discrepancy exists | 7 |
| during
the canvass of votes between the certificate of results | 8 |
| and the
set of totals reflected on the certificate of results, | 9 |
| the
ballots for that precinct shall be audited to correct the
| 10 |
| return.
| 11 |
| Prior to the proclamation, the election authority shall
| 12 |
| test the voting devices and equipment in 5% of the precincts
| 13 |
| within the election jurisdiction. The precincts to be tested
| 14 |
| shall be selected after election day on a random basis by the
| 15 |
| State Board of Elections, so that every precinct in the | 16 |
| election
jurisdiction has an equal mathematical chance of being | 17 |
| selected.
The State Board of Elections shall design a standard | 18 |
| and
scientific random method of selecting the precincts that | 19 |
| are to
be tested. The State central committee
chairman of each | 20 |
| established political party shall be given prior written notice | 21 |
| of the time
and place of the random selection procedure and may | 22 |
| be
represented at the procedure.
| 23 |
| The test shall be conducted by counting the votes marked on
| 24 |
| the permanent paper record of each ballot cast in the tested
| 25 |
| precinct printed by the voting system at the time that each
| 26 |
| ballot was cast and comparing the results of this count with |
|
|
|
HB1767 |
- 44 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| the
results shown by the certificate of results prepared by the
| 2 |
| Direct Recording Electronic Voting System in the test precinct.
| 3 |
| The election authority shall test count these votes either by
| 4 |
| hand or by using an automatic tabulating device other than a
| 5 |
| Direct Recording Electronic voting device that has been | 6 |
| approved
by the State Board of Elections for that purpose and | 7 |
| tested
before use to ensure accuracy. The election authority | 8 |
| shall
print the results of each test count. If any error is | 9 |
| detected,
the cause shall be determined and corrected, and an | 10 |
| errorless
count shall be made prior to the official canvass and
| 11 |
| proclamation of election results. If an errorless count cannot
| 12 |
| be conducted and there continues to be difference in vote
| 13 |
| results between the certificate of results produced by the
| 14 |
| Direct Recording Electronic Voting System and the count of the
| 15 |
| permanent paper records or if an error was detected and
| 16 |
| corrected, the election authority shall immediately prepare | 17 |
| and
forward to the appropriate canvassing board a written | 18 |
| report
explaining the results of the test and any errors | 19 |
| encountered
and the report shall be made available for public | 20 |
| inspection.
| 21 |
| The State Board of Elections, the State's Attorney and
| 22 |
| other appropriate law enforcement agencies, the county | 23 |
| chairman
of each established political party and qualified | 24 |
| civic
organizations shall be given prior written notice of the | 25 |
| time
and place of the test and may be represented at the test.
| 26 |
| The results of this post-election test shall be treated in
|
|
|
|
HB1767 |
- 45 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| the same manner and have the same effect as the results of the
| 2 |
| discovery procedures set forth in Section 22-9.1 of this Code.
| 3 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 4 |
| 94-1000, eff. 7-3-06.)
| 5 |
| (10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
| 6 |
| Sec. 28-6. Petitions; filing.
| 7 |
| (a) On a written petition signed by a number of voters | 8 |
| equal to at least 4%
8% of the votes cast for candidates for | 9 |
| Governor in the preceding gubernatorial
election by the
| 10 |
| registered
voters of any
the municipality, township, county or | 11 |
| school district it
shall be
the duty of the proper election | 12 |
| officers to submit any question of
public policy so petitioned | 13 |
| for, to the electors of such political subdivision
at any | 14 |
| regular election named in the
petition at which an election is | 15 |
| scheduled to be held throughout such political
subdivision | 16 |
| under Article 2A. Such petitions shall be filed with the local
| 17 |
| election official of the political subdivision
or election | 18 |
| authority, as the case may be.
Where such a question is to be | 19 |
| submitted to the voters of a municipality
which has adopted | 20 |
| Article 6, or a township or school district located
entirely | 21 |
| within the jurisdiction of a municipal board of election
| 22 |
| commissioners, such petitions shall be filed with the board of | 23 |
| election
commissioners having jurisdiction over the political | 24 |
| subdivision.
| 25 |
| (b) In a municipality with more than 1,000,000
inhabitants, |
|
|
|
HB1767 |
- 46 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| when a question of public policy exclusively concerning
a | 2 |
| contiguous territory included entirely within but not | 3 |
| coextensive with the
municipality is initiated by resolution or | 4 |
| ordinance of the corporate
authorities of the municipality, or | 5 |
| by a petition which may be signed by
registered voters who | 6 |
| reside in any part of any precinct all or part of
which | 7 |
| includes all or part of the territory and who equal in number
| 8 |
| at least 8% of the total votes cast for candidates for Governor | 9 |
| in the
preceding gubernatorial election by the total number of | 10 |
| registered voters of
the precinct or precincts the registered | 11 |
| voters of which are eligible to sign
the petition, it shall
be | 12 |
| the duty of the election authority having jurisdiction over | 13 |
| such
municipality to submit such question to the electors | 14 |
| throughout each
precinct all or part of which includes all or | 15 |
| part of the
territory at the regular election specified in the | 16 |
| resolution, ordinance
or petition initiating the public | 17 |
| question. A petition initiating a public
question described in | 18 |
| this
subsection shall be filed with the election authority | 19 |
| having jurisdiction
over the municipality. A resolution, | 20 |
| ordinance or petition initiating a public
question described in | 21 |
| this subsection shall specify the election at which
the | 22 |
| question is to be submitted.
| 23 |
| (c) Local questions of public policy authorized by this
| 24 |
| Section and statewide questions of public policy authorized by | 25 |
| Section 28-9
shall be advisory public questions, and no legal | 26 |
| effects shall result
from the adoption or rejection of such |
|
|
|
HB1767 |
- 47 - |
LRB095 09350 JAM 29545 b |
|
| 1 |
| propositions.
| 2 |
| (d) This Section does not apply to a petition filed | 3 |
| pursuant to
Article IX of the Liquor Control Act of 1934.
| 4 |
| (Source: P.A. 93-574, eff. 8-21-03.)
|
|