Full Text of HB5471 98th General Assembly
HB5471 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5471 Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/24-1 | from Ch. 46, par. 24-1 |
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Amends the Election Code. Provides that the State Board of Elections may authorize the use of voting machines certified or approved by an election authority of another state, provided that the other state's certification requirements are substantially similar to the requirements of certification in Illinois. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 24-1 as follows:
| 6 | | (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| 7 | | Sec. 24-1. The election authority in all jurisdictions when | 8 | | voting machines
are used shall, except as otherwise provided in | 9 | | this Code,
provide a voting machine or voting
machines for any | 10 | | or all of the election precincts or election districts,
as the | 11 | | case may be, for which the election authority is by law charged | 12 | | with the
duty of conducting an election or
elections.
A voting | 13 | | machine or machines sufficient in number to provide a machine | 14 | | for each
400 voters or fraction thereof shall be supplied for | 15 | | use at all
elections. However, no such voting machine shall be | 16 | | used,
purchased, or adopted, and no person or entity may have a | 17 | | written contract, including a contract contingent upon | 18 | | certification of the voting machines, to sell, lease, or loan | 19 | | voting machines to an election authority, until the board of | 20 | | voting machine commissioners
hereinafter provided for, or a | 21 | | majority thereof, shall have made and
filed a report certifying | 22 | | that they have examined such machine; that it
affords each | 23 | | elector an opportunity to vote in absolute secrecy; that it
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| 1 | | enables
each elector to vote a ticket selected in part from the | 2 | | nominees of one
party, and in part from the nominees of any or | 3 | | all other parties, and in
part from independent nominees | 4 | | printed in the columns of candidates for
public office, and in | 5 | | part of persons not in nomination by any party or
upon any | 6 | | independent ticket; that it enables each elector to vote a
| 7 | | written or printed ballot of his own selection, for any person | 8 | | for any
office for whom he may desire to vote; that it enables | 9 | | each elector to
vote for all candidates for whom he is entitled | 10 | | to vote, and prevents
him from voting for any candidate for any | 11 | | office more than once, unless
he is lawfully entitled to cast | 12 | | more than one vote for one candidate,
and in that event permits | 13 | | him to cast only as many votes for that
candidate as he is by | 14 | | law entitled, and no more; that it prevents the
elector from | 15 | | voting for more than one person for the same office, unless
he | 16 | | is lawfully entitled to vote for more than one person therefor, | 17 | | and
in that event permits him to vote for as many persons for | 18 | | that office as
he is by law entitled, and no more; that it | 19 | | identifies when an elector has not voted for all statewide | 20 | | constitutional offices; and that such machine will register
| 21 | | correctly by means of exact counters every vote cast for the | 22 | | regular
tickets thereon; and has the capacity to contain the | 23 | | tickets of at least
5 political parties with the names of all | 24 | | the candidates thereon,
together with all propositions in the | 25 | | form provided by law, where such
form is prescribed, and where | 26 | | no such provision is made for the form
thereof, then in brief |
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| 1 | | form, not to exceed 75 words; that all votes cast
on the | 2 | | machine on a regular ballot or ballots shall be registered; | 3 | | that
voters may, by means of irregular ballots or otherwise | 4 | | vote for any
person for any office, although such person may | 5 | | not have been nominated
by any party and his name may not | 6 | | appear on such machine; that when a
vote is cast for any person | 7 | | for any such office, when his name does not
appear on the | 8 | | machine, the elector cannot vote for any other name on the
| 9 | | machine for the same office; that each elector can, | 10 | | understandingly and
within the period of 4 minutes cast his | 11 | | vote for all candidates of his
choice; that the machine is so | 12 | | constructed that the candidates for
presidential electors of | 13 | | any party can be voted for only by voting for
the ballot label | 14 | | containing a bracket within which are the names of the
| 15 | | candidates for President and Vice-President of the party or | 16 | | group; that
the machine is provided with a lock or locks by the | 17 | | use of which any
movement of the voting or registering | 18 | | mechanism is absolutely prevented
so that it cannot be tampered | 19 | | with or manipulated for any purpose; that
the machine is | 20 | | susceptible of being closed during the progress of the
voting | 21 | | so that no person can see or know the number of votes | 22 | | registered
for any candidate; that each elector is permitted to | 23 | | vote for or against
any question, proposition or amendment upon | 24 | | which he is entitled to
vote, and is prevented from voting for | 25 | | or against any question,
proposition or amendment upon which he | 26 | | is not entitled to vote; that the
machine is capable of |
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| 1 | | adjustment by the election authority,
so as to permit
the | 2 | | elector, at a party primary election, to vote only for the
| 3 | | candidates seeking nomination by the political party in which | 4 | | primary he
is entitled to vote: Provided, also that no such | 5 | | machine or machines
shall be purchased, unless the party or | 6 | | parties making the sale shall
guarantee in writing to keep the | 7 | | machine or machines in good working
order for 5 years without | 8 | | additional cost and shall give a sufficient
bond conditioned to | 9 | | that effect. | 10 | | The State Board of Elections may authorize the use of | 11 | | voting machines certified or approved by an election authority | 12 | | of another state, provided that the other state's certification | 13 | | requirements are substantially similar to the requirements of | 14 | | certification under this Section.
| 15 | | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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