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90_HB2810
10 ILCS 5/13-1 from Ch. 46, par. 13-1
10 ILCS 5/13-2 from Ch. 46, par. 13-2
10 ILCS 5/14-3.1 from Ch. 46, par. 14-3.1
10 ILCS 5/17-18.1 from Ch. 46, par. 17-18.1
10 ILCS 5/17-21 from Ch. 46, par. 17-21
10 ILCS 5/19-2.1 from Ch. 46, par. 19-2.1
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-9 from Ch. 46, par. 19-9
10 ILCS 5/19-11 from Ch. 46, par. 19-11
10 ILCS 5/19-12.2 from Ch. 46, par. 19-12.2
10 ILCS 5/19-13 from Ch. 46, par. 19-13
10 ILCS 5/20-2 from Ch. 46, par. 20-2
10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
10 ILCS 5/20-7 from Ch. 46, par. 20-7
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/20-9 from Ch. 46, par. 20-9
10 ILCS 5/20-10 from Ch. 46, par. 20-10
10 ILCS 5/20-11 from Ch. 46, par. 20-11
10 ILCS 5/24-16 from Ch. 46, par. 24-16
10 ILCS 5/24A-10 from Ch. 46, par. 24A-10
Amends the Election Code. Requires the county board to
approve special absentee voting panels of 3 judges each.
Provides that absentee voters' ballots may be tabulated at
the central counting location after the polls have closed by
a special absentee voting panel. States that absentee
voters' ballots returned after the closing of the polls shall
be kept unopened for 2 months and then destroyed in a like
manner as the used ballots. Allows each political party,
candidate and qualified civic organization to have one
pollwatcher present for each special absentee voting panel.
LRB9008913MWpc
LRB9008913MWpc
1 AN ACT concerning the tabulation of absentee ballots.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 13-1, 13-2, 14-3.1, 17-18.1, 17-21, 19-2.1, 19-8,
6 19-9, 19-11, 19-12.2, 19-13, 20-2, 20-2.1, 20-2.2, 20-7,
7 20-8, 20-9, 20-10, 20-11, 24-16 and 24A-10 as follows:
8 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
9 Sec. 13-1. In counties not under township organization,
10 the county board of commissioners shall at its meeting in May
11 in each even-numbered year appoint in each election precinct
12 5 capable and discreet electors meeting the qualifications of
13 Section 13-4 to be judges of election. Where neither voting
14 machines nor electronic, mechanical or electric voting
15 systems are used, the county board may, for any precinct with
16 respect to which the board considers such action necessary or
17 desirable in view of the number of voters, and shall for
18 general elections for any precinct containing more than 600
19 registered voters, appoint in addition to the 5 judges of
20 election a team of 5 tally judges. In such precincts the
21 judges of election shall preside over the election during the
22 hours the polls are open, and the tally judges, with the
23 assistance of the holdover judges designated pursuant to
24 Section 13-6.2, shall count the vote after the closing of the
25 polls. However, the County Board of Commissioners may appoint
26 3 judges of election to serve in lieu of the 5 judges of
27 election otherwise required by this Section to serve in any
28 emergency referendum, or in any odd-year regular election or
29 in any special primary or special election called for the
30 purpose of filling a vacancy in the office of representative
31 in the United States Congress or to nominate candidates for
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1 such purpose. The tally judges shall possess the same
2 qualifications and shall be appointed in the same manner and
3 with the same division between political parties as is
4 provided for judges of election.
5 In addition to such precinct judges, the county board of
6 commissioners shall appoint special absentee voting panels of
7 3 judges each, who shall possess the same qualifications and
8 shall be appointed in the same manner and with the same
9 division between political parties as is provided for other
10 judges of election. The number of such special absentee
11 voting panels of judges required shall be determined by
12 regulations of the State Board of Elections which shall base
13 the required numbers of special absentee voting panels on the
14 number of registered voters in the jurisdiction or the number
15 of absentee ballots voted at recent elections, or any
16 combination of such factors.
17 Such appointment shall be confirmed by the court as
18 provided in Section 13-3 of this Article. No more than 3
19 persons of the same political party shall be appointed judges
20 of the same election precinct or election judge panel. The
21 appointment shall be made in the following manner: The county
22 board of commissioners shall select and approve 3 persons as
23 judges of election in each election precinct from a certified
24 list, furnished by the chairman of the County Central
25 Committee of the first leading political party in such
26 precinct; and the county board of commissioners shall also
27 select and approve 2 persons as judges of election in each
28 election precinct from a certified list, furnished by the
29 chairman of the County Central Committee of the second
30 leading political party. However, if only 3 judges of
31 election serve in each election precinct, no more than 2
32 persons of the same political party shall be judges of
33 election in the same election precinct; and which political
34 party is entitled to 2 judges of election and which political
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1 party is entitled to one judge of election shall be
2 determined in the same manner as set forth in the next two
3 preceding sentences with regard to 5 election judges in each
4 precinct. Such certified list shall be filed with the county
5 clerk not less than 10 days before the annual meeting of the
6 county board of commissioners. Such list shall be arranged
7 according to precincts. The chairman of each county central
8 committee shall, insofar as possible, list persons who reside
9 within the precinct in which they are to serve as judges.
10 However, he may, in his sole discretion, submit the names of
11 persons who reside outside the precinct but within the county
12 embracing the precinct in which they are to serve. He must,
13 however, submit the names of at least 2 residents of the
14 precinct for each precinct in which his party is to have 3
15 judges and must submit the name of at least one resident of
16 the precinct for each precinct in which his party is to have
17 2 judges. The county board of commissioners shall acknowledge
18 in writing to each county chairman the names of all persons
19 submitted on such certified list and the total number of
20 persons listed thereon. If no such list is filed or such list
21 is incomplete (that is, no names or an insufficient number of
22 names are furnished for certain election precincts), the
23 county board of commissioners shall make or complete such
24 list from the names contained in the supplemental list
25 provided for in Section 13-1.1. The election judges shall
26 hold their office for 2 years from their appointment, and
27 until their successors are duly appointed in the manner
28 provided in this Act. The county board of commissioners shall
29 fill all vacancies in the office of judge of election at any
30 time in the manner provided in this Act.
31 (Source: P.A. 87-1052.)
32 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
33 Sec. 13-2. In counties under the township organization
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1 the county board shall at its meeting in May in each
2 even-numbered year except in counties containing a population
3 of 3,000,000 inhabitants or over and except when such judges
4 are appointed by election commissioners, select in each
5 election precinct in the county, 5 capable and discreet
6 electors to be judges of election who shall possess the
7 qualifications required by this Act for such judges. Where
8 neither voting machines nor electronic, mechanical or
9 electric voting systems are used, the county board may, for
10 any precinct with respect to which the board considers such
11 action necessary or desirable in view of the number of
12 voters, and shall for general elections for any precinct
13 containing more than 600 registered voters, appoint in
14 addition to the 5 judges of election a team of 5 tally
15 judges. In such precincts the judges of election shall
16 preside over the election during the hours the polls are
17 open, and the tally judges, with the assistance of the
18 holdover judges designated pursuant to Section 13-6.2, shall
19 count the vote after the closing of the polls. The tally
20 judges shall possess the same qualifications and shall be
21 appointed in the same manner and with the same division
22 between political parties as is provided for judges of
23 election.
24 However, the county board may appoint 3 judges of
25 election to serve in lieu of the 5 judges of election
26 otherwise required by this Section to serve in any emergency
27 referendum, or in any odd-year regular election or in any
28 special primary or special election called for the purpose of
29 filling a vacancy in the office of representative in the
30 United States Congress or to nominate candidates for such
31 purpose.
32 In addition to such precinct judges, the county board
33 shall appoint special absentee voting panels of 3 judges
34 each, who shall possess the same qualifications and shall be
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1 appointed in the same manner and with the same division
2 between political parties as is provided for other judges of
3 election. The number of such special absentee voting panels
4 of judges required shall be determined by regulations of the
5 State Board of Elections, which shall base the required
6 number of special absentee voting panels on the number of
7 registered voters in the jurisdiction or the number of
8 absentee ballots voted at recent elections or any combination
9 of such factors.
10 No more than 3 persons of the same political party shall
11 be appointed judges in the same election district or
12 undivided precinct. The election of the judges of election in
13 the various election precincts shall be made in the following
14 manner: The county board shall select and approve 3 of the
15 election judges in each precinct from a certified list
16 furnished by the chairman of the County Central Committee of
17 the first leading political party in such election precinct
18 and shall also select and approve 2 judges of election in
19 each election precinct from a certified list furnished by the
20 chairman of the County Central Committee of the second
21 leading political party in such election precinct. However,
22 if only 3 judges of election serve in each election precinct,
23 no more than 2 persons of the same political party shall be
24 judges of election in the same election precinct; and which
25 political party is entitled to 2 judges of election and which
26 political party is entitled to one judge of election shall be
27 determined in the same manner as set forth in the next two
28 preceding sentences with regard to 5 election judges in each
29 precinct. The respective County Central Committee chairman
30 shall notify the county board by June 1 of each odd-numbered
31 year immediately preceding the annual meeting of the county
32 board whether or not such certified list will be filed by
33 such chairman. Such list shall be arranged according to
34 precincts. The chairman of each county central committee
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1 shall, insofar as possible, list persons who reside within
2 the precinct in which they are to serve as judges. However,
3 he may, in his sole discretion, submit the names of persons
4 who reside outside the precinct but within the county
5 embracing the precinct in which they are to serve. He must,
6 however, submit the names of at least 2 residents of the
7 precinct for each precinct in which his party is to have 3
8 judges and must submit the name of at least one resident of
9 the precinct for each precinct in which his party is to have
10 2 judges. Such certified list, if filed, shall be filed with
11 the county clerk not less than 20 days before the annual
12 meeting of the county board. The county board shall
13 acknowledge in writing to each county chairman the names of
14 all persons submitted on such certified list and the total
15 number of persons listed thereon. If no such list is filed or
16 the list is incomplete (that is, no names or an insufficient
17 number of names are furnished for certain election
18 precincts), the county board shall make or complete such list
19 from the names contained in the supplemental list provided
20 for in Section 13-1.1. Provided, further, that in any case
21 where a township has been or shall be redistricted, in whole
22 or in part, subsequent to one general election for Governor,
23 and prior to the next, the judges of election to be selected
24 for all new or altered precincts shall be selected in that
25 one of the methods above detailed, which shall be applicable
26 according to the facts and circumstances of the particular
27 case, but the majority of such judges for each such precinct
28 shall be selected from the first leading political party, and
29 the minority judges from the second leading political party.
30 Provided, further, that in counties having a population of
31 1,000,000 inhabitants or over the selection of judges of
32 election shall be made in the same manner in all respects as
33 in other counties, except that the provisions relating to
34 tally judges are inapplicable to such counties and except
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1 that the county board shall meet during the month of January
2 for the purpose of making such selection and the chairman of
3 each county central committee shall notify the county board
4 by the preceding October 1 whether or not the certified list
5 will be filed. Such judges of election shall hold their
6 office for 2 years from their appointment and until their
7 successors are duly appointed in the manner provided in this
8 Act. The county board shall fill all vacancies in the office
9 of judges of elections at any time in the manner herein
10 provided.
11 Such selections under this Section shall be confirmed by
12 the circuit court as provided in Section 13-3 of this
13 Article.
14 (Source: P.A. 86-1028; 87-1052.)
15 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
16 Sec. 14-3.1. The board of election commissioners shall,
17 during the month of May of each even-numbered year, select
18 for each election precinct within the jurisdiction of the
19 board 5 persons to be judges of election who shall possess
20 the qualifications required by this Act for such judges. The
21 selection shall be made by a county board of election
22 commissioners in the following manner: the county board of
23 election commissioners shall select and approve 3 persons as
24 judges of election in each election precinct from a certified
25 list furnished by the chairman of the county central
26 committee of the first leading political party in that
27 precinct; the county board of election commissioners also
28 shall select and approve 2 persons as judges of election in
29 each election precinct from a certified list furnished by the
30 chairman of the county central committee of the second
31 leading political party in that precinct. The selection by a
32 municipal board of election commissioners shall be made in
33 the following manner: for each precinct, 3 judges shall be
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1 selected from one of the 2 leading political parties and the
2 other 2 judges shall be selected from the other leading
3 political party; the parties entitled to 3 and 2 judges,
4 respectively, in the several precincts shall be determined as
5 provided in Section 14-4. However, a Board of Election
6 Commissioners may appoint three judges of election to serve
7 in lieu of the 5 judges of election otherwise required by
8 this Section to serve in any emergency referendum, or in any
9 odd-year regular election or in any special primary or
10 special election called for the purpose of filling a vacancy
11 in the office of representative in the United States Congress
12 or to nominate candidates for such purpose.
13 If only 3 judges of election serve in each election
14 precinct, no more than 2 persons of the same political party
15 shall be judges of election in the same election precinct,
16 and which political party is entitled to 2 judges of election
17 and which political party is entitled to one judge of
18 election shall be determined as set forth in this Section for
19 a county board of election commissioners' selection of 5
20 election judges in each precinct or in Section 14-4 for a
21 municipal board of election commissioners' selection of
22 election judges in each precinct, whichever is appropriate.
23 In addition to such precinct judges, the board of election
24 commissioners shall appoint special absentee voting panels
25 of 3 judges each, who shall possess the same qualifications
26 and shall be appointed in the same manner and with the same
27 division between political parties as is provided for other
28 judges of election. The number of such special absentee
29 voting panels of judges required shall be determined by
30 regulation of the State Board of Elections, which shall base
31 the required number of special absentee voting panels on the
32 number of registered voters in the jurisdiction or the number
33 of absentee ballots voted at recent elections or any
34 combination of such factors. A municipal board of election
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1 commissioners shall make the selections of persons qualified
2 under Section 14-1 from certified lists furnished by the
3 chairman of the respective county central committees of the 2
4 leading political parties. Lists furnished by chairmen of
5 county central committees under this Section shall be
6 arranged according to precincts. The chairman of each county
7 central committee shall, insofar as possible, list persons
8 who reside within the precinct in which they are to serve as
9 judges. However, he may, in his sole discretion, submit the
10 names of persons who reside outside the precinct but within
11 the county embracing the precinct in which they are to serve.
12 He must, however, submit the names of at least 2 residents of
13 the precinct for each precinct in which his party is to have
14 3 judges and must submit the name of at least one resident of
15 the precinct for each precinct in which his party is to have
16 2 judges. The board of election commissioners shall no later
17 than March 1 of each even-numbered year notify the chairmen
18 of the respective county central committees of their
19 responsibility to furnish such lists, and each such chairman
20 shall furnish the board of election commissioners with the
21 list for his party on or before May 1 of each even-numbered
22 year. The board of election commissioners shall acknowledge
23 in writing to each county chairman the names of all persons
24 submitted on such certified list and the total number of
25 persons listed thereon. If no such list is furnished or if no
26 names or an insufficient number of names are furnished for
27 certain precincts, the board of election commissioners shall
28 make or complete such list from the names contained in the
29 supplemental list provided for in Section 14-3.2. Judges of
30 election shall hold their office for 2 years from their
31 appointment and until their successors are duly appointed in
32 the manner herein provided. The board of election
33 commissioners shall, subject to the provisions of Section
34 14-3.2, fill all vacancies in the office of judges of
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1 election at any time in the manner herein provided.
2 Such selections under this Section shall be confirmed by
3 the court as provided in Section 14-5.
4 (Source: P.A. 89-471, eff. 6-13-96.)
5 (10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
6 Sec. 17-18.1. Wherever the judicial retention ballot to
7 be used in any general election contains the names of more
8 than 15 judges on a separate paper ballot, the County Clerk
9 or Board of Election Commissioners as the case may be, shall
10 designate special judges of election for the purpose of
11 tallying and canvassing the votes cast for and against the
12 propositions for the retention of judges in office in such
13 places and at such times as the County Clerk or Board of
14 Election Commissioners determine. Special judges of election
15 shall be designated from certified lists submitted by the
16 respective chairmen of the county central committees of the
17 two leading political parties. In the event that the County
18 Clerk or Board of Election Commissioners as the case may be,
19 decides that the counting of the retention ballots shall be
20 performed in the precinct where such ballots are cast, 2
21 special judges of election shall be designated to tally and
22 canvass the vote of each precinct with one being named from
23 each of the 2 leading political parties.
24 In the event that the County Clerk or Board of Election
25 Commissioners decides that the judicial retention ballots
26 from several precincts shall be tallied and canvassed in a
27 central or common location, then each major political party
28 shall be entitled to an equal number of special election
29 judges in each such central or common location. The County
30 Clerk or Board of Election Commissioners, as the case may be,
31 shall inform, no later than 75 days prior to such election,
32 the respective chairmen of the county central committees of
33 the location or locations where the counting of retention
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1 ballots will be done, the number of names to be included on
2 the certified lists, and the number of special election
3 judges to be selected from those lists. If the certified list
4 for either party is not submitted within thirty days after
5 the chairmen have been so informed, the County Clerk or Board
6 of Election Commissioners shall designate special judges of
7 election for that party in whatever manner it determines.
8 The County Clerk or Board of Election Commissioners shall
9 apply to the Circuit Court for the confirmation of the
10 special judges of election designated under this Section. The
11 court shall confirm or refuse to confirm such designations as
12 the interest of the public may require. Those confirmed shall
13 be officers of the court and subject to its disciplinary
14 powers.
15 The County Clerk or Board of Election Commissioners
16 shall, in the exercise of sound discretion, prescribe the
17 forms, materials and supplies together with the procedures
18 for completion and return thereof for use in such election by
19 special judges of election. The special judges of election
20 designated under this Section shall have full responsibility
21 and authority for tallying and canvassing the votes
22 pertaining to the retention of judges and the return of
23 ballots and supplies.
24 If the County Clerk or Board of Election Commissioners
25 decides that the counting of the retention ballots shall be
26 performed in the precinct where such ballots were cast, at
27 least 2 ballot boxes shall be provided for paper retention
28 ballots, one of which shall be used from the opening of the
29 polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and
30 the second of which shall be used from 9:00 a.m. until 12:00
31 noon and from 3:00 p.m. until the closing of the polls;
32 provided that if additional ballot boxes are provided, the
33 additional boxes shall be used instead of reusing boxes used
34 earlier. At the close of each such period of use, a ballot
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1 box used for retention ballots shall be immediately unsealed
2 and opened and the ballots therein counted and tallied by the
3 special judges of election. After counting and tallying the
4 retention ballots, the special judges of election shall place
5 the counted ballots in a container provided for that purpose
6 by the County Clerk or Board of Election Commissioners and
7 clearly marked with the appropriate printing and shall
8 thereupon seal such container. One such container shall be
9 provided for each of the four time periods and clearly
10 designated as the container for the respective period. The
11 tally shall be recorded on sheets provided by the County
12 Clerk or Board of Election Commissioners and designated as
13 tally sheets for the respective time periods. Before a ballot
14 box may be reused, it shall in the presence of all of the
15 judges of election be verified to be empty, whereupon it
16 shall be resealed. After the close of the polls, and after
17 the tally of votes cast by absentee voters, where applicable,
18 the special judges of election shall add together the tallies
19 of all the ballot boxes used throughout the day, and complete
20 the canvass of votes for retention of judges in the manner
21 established by this Act. All of these procedures shall be
22 carried out within the clear view of the other judges of
23 election. The sealed containers of used retention ballots
24 shall be returned with other voted ballots to the County
25 Clerk or Board of Election Commissioners in the manner
26 provided by this Act.
27 The compensation of a special judge of election may not
28 exceed $30 per judge per precinct or district canvassed.
29 This Section does not affect any other office or the
30 conduct of any other election held at the same time as the
31 election for the retention of judges in office.
32 (Source: P.A. 81-850; 81-1149.)
33 (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
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1 Sec. 17-21. When the votes shall have been examined and
2 counted, the judges shall set down on a sheet or return form
3 to be supplied to them, the name of every person voted for,
4 written or printed at full length, the office for which such
5 person received such votes, and the number he did receive and
6 such additional information as is necessary to complete, as
7 nearly as circumstances will admit, the following form,
8 to-wit:
9 TALLY SHEET AND CERTIFICATE OF
10 RESULTS
11 We do hereby certify that at the .... election held in
12 the precinct hereinafter (general or special) specified on
13 the .... day of ...., in the year of our Lord, one thousand
14 nine hundred and ...., a total of .... voters requested and
15 received ballots and we do further certify:
16 Number of blank ballots delivered to us ....
17 Number of absentee ballots delivered to us if applicable
18 ....
19 Total number of ballots delivered to us ....
20 Number of blank and spoiled ballots returned.
21 (1) Total number of ballots cast (in box)....
22 .... Defective and Objected To ballots sealed in envelope
23 (2) .... Total number of ballots cast (in box)
24 Line (2) equals line (1)
25 We further certify that each of the candidates for
26 representative in the General Assembly received the number of
27 votes ascribed to him on the separate tally sheet.
28 We further certify that each candidate received the
29 number of votes set forth opposite his name or in the box
30 containing his name on the tally sheet contained in the page
31 or pages immediately following our signatures.
32 The undersigned actually served as judges and counted the
33 ballots at the election on the .... day of .... in the ....
34 precinct of the (1) *township of ...., or (2) *City of ....,
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1 or (3) *.... ward in the city of .... and the polls were
2 opened at 6:00 A.M. and closed at 7:00 P.M. Certified by us.
3 *Fill in either (1), (2) or (3)
4 A B, ....(Address)
5 C D, ....(Address)
6 E F, ....(Address)
7 G H, ....(Address)
8 I J, ....(Address)
9 Each tally sheet shall be in substantially one of the
10 following forms:
11 -------------------------------------------------------------
12 Candidate's
13 Name of Candidates Total
14 office Names Vote 5 10 15 20
15 -------------------------------------------------------------
16 United John Smith 77 11
17 States
18 Senator
19 -------------------------------------------------------------
20 -------------------------------------------------------------
21 Names of candidates
22 Name of and total vote
23 office for each 5 10 15 20
24 -------------------------------------------------------------
25 For United John Smith
26 States
27 Senator
28 Total Vote..................
29 -------------------------------------------------------------
30 (Source: P.A. 89-700, eff. 1-17-97.)
31 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
32 Sec. 19-2.1. At the consolidated primary, general
33 primary, consolidated, general and nonpartisan elections,
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1 electors entitled to vote by absentee ballot under the
2 provisions of Section 19-1 may vote in person at the office
3 of the municipal clerk, if the elector is a resident of a
4 municipality not having a board of election commissioners, or
5 at the office of the township clerk or, in counties not under
6 township organization, at the office of the road district
7 clerk if the elector is not a resident of a municipality;
8 provided, in each case that the municipal, township or road
9 district clerk, as the case may be, is authorized to conduct
10 in-person absentee voting pursuant to this Section. Absentee
11 voting in such municipal and township clerk's offices under
12 this Section shall be conducted from the 22nd day through the
13 day before the election.
14 Municipal and township clerks (or road district clerks)
15 who have regularly scheduled working hours at regularly
16 designated offices other than a place of residence and whose
17 offices are open for business during the same hours as the
18 office of the election authority shall conduct in-person
19 absentee voting for said elections. Municipal and township
20 clerks (or road district clerks) who have no regularly
21 scheduled working hours but who have regularly designated
22 offices other than a place of residence shall conduct
23 in-person absentee voting for said elections during the hours
24 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
25 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
26 during such hours as the office of the election authority is
27 closed, unless the clerk files a written waiver with the
28 election authority not later than July 1 of each year stating
29 that he or she is unable to conduct such voting and the
30 reasons therefor. Such clerks who conduct in-person absentee
31 voting may extend their hours for that purpose to include any
32 hours in which the election authority's office is open.
33 Municipal and township clerks (or road district clerks) who
34 have no regularly scheduled office hours and no regularly
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1 designated offices other than a place of residence may not
2 conduct in-person absentee voting for said elections. The
3 election authority may devise alternative methods for
4 in-person absentee voting before said elections for those
5 precincts located within the territorial area of a
6 municipality or township (or road district) wherein the clerk
7 of such municipality or township (or road district) has
8 waived or is not entitled to conduct such voting. In
9 addition, electors may vote by absentee ballot under the
10 provisions of Section 19-1 at the office of the election
11 authority having jurisdiction over their residence.
12 In conducting absentee voting under this Section, the
13 respective clerks shall not be required to verify the
14 signature of the absentee voter by comparison with the
15 signature on the official registration record card. However,
16 the clerk shall reasonably ascertain the identity of such
17 applicant, shall verify that each such applicant is a
18 registered voter, and shall verify the precinct in which he
19 or she is registered and the proper ballots of the political
20 subdivisions in which the applicant resides and is entitled
21 to vote, prior to providing any absentee ballot to such
22 applicant. The clerk shall verify the applicant's
23 registration and from the most recent poll list provided by
24 the county clerk, and if the applicant is not listed on that
25 poll list then by telephoning the office of the county clerk.
26 Absentee voting procedures in the office of the
27 municipal, township and road district clerks shall be subject
28 to all of the applicable provisions of this Article 19.
29 Pollwatchers may be appointed to observe in-person absentee
30 voting procedures at the office of the municipal, township or
31 road district clerks' offices where such absentee voting is
32 conducted. Such pollwatchers shall qualify and be appointed
33 in the same manner as provided in Sections 7-34 and 17-23,
34 except each candidate, political party or organization of
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1 citizens may appoint only one pollwatcher for each location
2 where in-person absentee voting is conducted. Pollwatchers
3 shall be residents of the county and possess valid
4 pollwatcher credentials. All requirements in this Article
5 applicable to election authorities shall apply to the
6 respective local clerks, except where inconsistent with this
7 Section.
8 The sealed absentee ballots in their carrier envelope
9 shall be delivered by the respective clerks to the proper
10 polling place before the close of the polls on the day of the
11 nonpartisan, general primary, consolidated primary,
12 consolidated or general election or to the election
13 authority, where such absentee ballots shall be tabulated
14 pursuant to Sections 19-8 and 19-9.
15 Not more than 23 days before the nonpartisan, general and
16 consolidated elections, the county clerk shall make available
17 to those municipal, township and road district clerks
18 conducting in-person absentee voting within such county, a
19 sufficient number of applications, absentee ballots,
20 envelopes, and printed voting instruction slips for use by
21 absentee voters in the offices of such clerks. The respective
22 clerks shall receipt for all ballots received, shall return
23 all unused or spoiled ballots to the county clerk on the day
24 of the election and shall strictly account for all ballots
25 received.
26 The ballots delivered to the respective clerks shall
27 include absentee ballots for each precinct in the
28 municipality, township or road district, or shall include
29 such separate ballots for each political subdivision
30 conducting an election of officers or a referendum on that
31 election day as will permit any resident of the municipality,
32 township or road district to vote absentee in the office of
33 the proper clerk.
34 The clerks of all municipalities, townships and road
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1 districts may distribute applications for absentee ballot for
2 the use of voters who wish to mail such applications to the
3 appropriate election authority. Such applications for
4 absentee ballots shall be made on forms provided by the
5 election authority. Duplication of such forms by the
6 municipal, township or road district clerk is prohibited.
7 (Source: P.A. 86-875.)
8 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
9 Sec. 19-8. (a) An absentee ballot returned to an
10 election authority shall be processed as provided in
11 subsection (b) or as provided in subsection (c) of this
12 Section.
13 (b) In case an absent voter's ballot is received by the
14 election authority prior to the delivery of the official
15 ballots to the judges of election of the precinct in which
16 said elector resides, such ballot envelope and application,
17 sealed in the carrier envelope, shall be enclosed in such
18 package and therewith delivered to the judges of such
19 precinct. In case the official ballots for such precinct have
20 been delivered to the judges of election at the time of the
21 receipt by the election authority of such absent voter's
22 ballot, such authority shall immediately enclose said
23 envelope containing the absent voter's ballot, together with
24 his application therefor, in a larger or carrier envelope
25 which shall be securely sealed and addressed on the face to
26 the judges of election, giving the name or number of
27 precinct, street and number of polling place, city or town in
28 which such absent voter is a qualified elector, and the
29 words, "This envelope contains an absent voter's ballot and
30 must be opened only on election day at the polls immediately
31 after the polls are closed," "mailing the same, postage
32 prepaid, to such judges of election, or if more convenient,
33 such officer may deliver such absent voter's ballot to the
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1 judges of election in person or by duly deputized agent, said
2 officer to secure his receipt for delivery of such ballot or
3 ballots. Absent voters' ballots returned by absentee voters
4 to the election authority after the closing of the polls on
5 an election day shall be endorsed by the election authority
6 receiving the same with the day and hour of receipt and shall
7 be safely kept unopened by such election authority for the
8 period of time required for the preservation of ballots used
9 at such election, and shall then, without being opened, be
10 destroyed in like manner as the used ballots of such
11 election.
12 All absent voters' ballots received by the election
13 authority after 12:00 noon on election day or too late for
14 delivery to the proper polling place before the closing of
15 the polls on election day, and Special Write-In Absentee
16 Voter's Blank Ballots, except ballots returned by mail
17 postmarked after midnight preceding the opening of the polls
18 on election day, shall be endorsed by the election authority
19 receiving the same with the day and hour of receipt and shall
20 be counted in the office of the election authority on the day
21 of the election after 7:00 p.m. All absent voters' ballots
22 delivered in error to the wrong precinct polling place shall
23 be returned to the election authority and counted under this
24 provision; however, all absentee ballots received by the
25 election authority by the close of absentee voting in the
26 office of the election authority on the day preceding the day
27 of election shall be delivered to the proper precinct polling
28 places in time to be counted by the judges of election.
29 Such counting shall commence no later than 8:00 p.m. and
30 shall be conducted by a panel or panels of election judges
31 appointed in the manner provided by law. Such counting shall
32 continue until all absent voters' ballots received as
33 aforesaid have been counted.
34 The procedures set forth in Section 19-9 of this Act and
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1 Articles 17 and 18 of this Code, shall apply to all absent
2 voters' ballots counted under this provision, including
3 comparing the signature on the ballot envelope with the
4 signature of the voter on the permanent voter registration
5 record card taken from the master file; except that votes
6 shall be recorded without regard to precinct designation,
7 except for precinct offices.
8 (c) All absentee voters' ballots may be processed and
9 tabulated at the central counting location on the day of the
10 election immediately after the polls have closed by a special
11 absentee voting panel or panels appointed pursuant to
12 Sections 13-1, 13-2 or 14-3.1. The special absentee voting
13 panel shall process the absentee ballots pursuant to Section
14 19-9 and such processing shall be continued until all
15 absentee ballots have been tabulated. However, the special
16 absentee voting panel may begin to process the absentee
17 ballots prior to the closing of the polls on election day
18 except that no absentee ballots shall be tabulated prior to
19 the closing of the polls on election day.
20 The procedures set forth in Section 19-9 and Articles 17
21 and 18 shall apply to all absentee voters' ballots tabulated
22 under this Section 19-8.
23 Absentee voters' ballots returned by absentee voters to
24 the election authority after the closing of the polls on an
25 election day shall be endorsed by the election authority
26 receiving the same with the day and hour of receipt and shall
27 be safely kept unopened by such election authority for 2
28 months, and shall then, without being opened, be destroyed in
29 like manner as the used ballots of such election.
30 (Source: P.A. 86-875.)
31 (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
32 Sec. 19-9. At the close of the regular balloting and at
33 the close of the polls the judges of election of each voting
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1 precinct or the special absentee voting panel, whichever is
2 applicable, shall proceed to process cast the absent voter's
3 ballot separately, and as each absent voter's ballot is taken
4 shall open the outer or carrier envelope, announce the absent
5 voter's name, and compare the signature upon the application
6 with the signature upon the certification on the ballot
7 envelope. In case the judges or panel find the certifications
8 properly executed, that the signatures correspond, that the
9 applicant is a duly qualified elector in the precinct and the
10 applicant has not been present and voted within the county
11 where he represents himself to be a qualified elector on such
12 election day, they shall open the envelope containing the
13 absent voter's ballot in such manner as not to deface or
14 destroy the certification thereon, or mark or tear the
15 ballots therein and take out the ballot or ballots therein
16 contained without unfolding or permitting the same to be
17 unfolded or examined, and having endorsed the ballot in like
18 manner as other ballots are required to be endorsed, shall
19 deposit the same in the proper ballot box or boxes and enter
20 the absent voter's name in the poll book the same as if he
21 had been present and voted in person. The judges shall place
22 the absentee ballot certification envelopes in a separate
23 envelope as per the direction of the election authority. Such
24 envelope containing the absentee ballot certification
25 envelopes shall be returned to the election authority and
26 preserved in like manner as the official poll record.
27 After the aforesaid procedures have been completed, the
28 special absentee voting panel, where applicable, shall open
29 the ballot boxes and count and record the number of absentee
30 ballots for each precinct. The number of ballots deposited
31 in the ballot boxes and the number of applications for
32 absentee ballots shall be the same. All ballots not
33 tabulated on an electronic voting system shall be counted,
34 tallied and returned as elsewhere provided in the Election
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1 Code for the counting and handling of paper ballots. All
2 ballots to be tabulated with an electronic voting system
3 shall be processed pursuant to Section 24A-10.
4 Within 60 days after the election, the election authority
5 shall mark the poll book the same as if the voter had been
6 present and voted in person at the polling place.
7 In case such signatures do not correspond, or that the
8 applicant is not a duly qualified elector in such precinct or
9 that the ballot envelope is open or has been opened and
10 resealed, or that said voter is present and has voted within
11 the county where he represents himself to be a qualified
12 elector on the day of such election at such election such
13 previously cast vote shall not be allowed, but without
14 opening the absent voter's envelope, the judge or panel of
15 such election shall mark across the face thereof, "Rejected",
16 giving the reason therefor.
17 In case the ballot envelope contains more than one ballot
18 of any kind, said ballots shall not be counted, but shall be
19 marked "Rejected", giving the reason therefor.
20 The absent voters' envelopes and affidavits and the
21 absent voters' envelope with its contents unopened, when such
22 absent vote is rejected, shall be retained and preserved for
23 2 months in the manner as now provided for the retention and
24 preservation of official ballots rejected at such election.
25 As applied to an absentee ballot of a permanently
26 disabled voter who has complied with Section 19-12.1, the
27 word "certification" as used in this Section shall be
28 construed to refer to the unsworn statement subscribed to by
29 the voter pursuant to Section 19-12.1.
30 (Source: P.A. 87-1052.)
31 (10 ILCS 5/19-11) (from Ch. 46, par. 19-11)
32 Sec. 19-11. Whenever it shall be made to appear by due
33 proof to the special absentee voting panel or judges of
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1 election that any elector who has marked and forwarded his
2 ballot as provided in this article has died prior to the
3 opening of the polls on the date of the election, then the
4 ballot of such deceased voter shall be returned by the panel
5 or judges of election in the same manner as provided for
6 rejected ballots above; but the casting of the ballot of a
7 deceased voter shall not invalidate the election.
8 (Source: Laws 1943, vol. 2, p. 1.)
9 (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
10 Sec. 19-12.2. Voting by physically incapacitated
11 electors who have made proper application to the election
12 authority not later than 5 days before the regular primary
13 and general election of 1980 and before each election
14 thereafter shall be conducted on the premises of facilities
15 licensed or certified pursuant to the Nursing Home Care Act
16 for the sole benefit of residents of such facilities. Such
17 voting shall be conducted during any continuous period
18 sufficient to allow all applicants to cast their ballots
19 between the hours of 9 a.m. and 7 p.m. either on the Friday,
20 Saturday, Sunday or Monday immediately preceding the regular
21 election. This absentee voting on one of said days designated
22 by the election authority shall be supervised by two election
23 judges who must be selected by the election authority in the
24 following order of priority: (1) from the board panel of
25 judges appointed for the precinct in which such facility is
26 located, or (2) from a board panel of judges appointed for
27 any other precinct within the jurisdiction of the election
28 authority in the same ward or township, as the case may be,
29 in which the facility is located or, (3) only in the case
30 where a judge or judges from the precinct, township or ward
31 are unavailable to serve, (3) from a board panel of judges
32 appointed for any other precinct within the jurisdiction of
33 the election authority. The two judges shall be from
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1 different political parties. Not less than 30 days before
2 each regular election, the election authority shall have
3 arranged with the chief administrative officer of each
4 facility in his or its election jurisdiction a mutually
5 convenient time period on the Friday, Saturday, Sunday or
6 Monday immediately preceding the election for such voting on
7 the premises of the facility and shall post in a prominent
8 place in his or its office a notice of the agreed day and
9 time period for conducting such voting at each facility;
10 provided that the election authority shall not later than
11 noon on the Thursday before the election also post the names
12 and addresses of those facilities from which no applications
13 were received and in which no supervised absentee voting will
14 be conducted. All provisions of this Code applicable to
15 pollwatchers shall be applicable herein. To the maximum
16 extent feasible, voting booths or screens shall be provided
17 to insure the privacy of the voter. Voting procedures shall
18 be as described in Article 17 of this Code, except that
19 ballots shall be treated as absentee ballots and shall not be
20 counted until the close of the polls on election the
21 following day. After the last voter has concluded voting, the
22 judges shall seal the ballots in an envelope and affix their
23 signatures across the flap of the envelope. Immediately
24 thereafter, the judges shall bring the sealed envelope to the
25 office of the election authority where such ballots shall be
26 tabulated pursuant to Sections 19-8 and 19-9; who shall
27 deliver such ballots to the proper precinct polling places
28 prior to the closing of the polls on the day of election.
29 Provided, that, when applicable, the election authority may
30 arrange for the judges who conduct such voting on the Monday
31 before the election to deliver the sealed envelope directly
32 to the proper precinct polling place on the day of election
33 and shall announce such procedure in the 30 day notice
34 heretofore prescribed. The judges of election shall also
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1 report to the election authority the name of any applicant in
2 the facility who, due to unforeseen circumstance or condition
3 or because of a religious holiday, was unable to vote. In
4 this event, the election authority may appoint a qualified
5 person from his or its staff to deliver the ballot to such
6 applicant on the day of election. This staff person shall
7 follow the same procedures prescribed for judges conducting
8 absentee voting in such facilities; but shall return the
9 ballot to the special absentee voting panel at the central
10 counting location or to the proper precinct polling place,
11 whichever is applicable, before the polls close. However, if
12 the facility from which the application was made is also used
13 as a regular precinct polling place for that voter, a ballot
14 may be delivered to the voter voting procedures heretofore
15 prescribed may be implemented by 2 of the election judges of
16 opposite party affiliation assigned to that polling place
17 during the hours of voting on the day of the election. Such
18 ballot shall be processed with the other ballots voted in the
19 polling place on election day. Judges of election shall be
20 compensated not less than $25.00 for conducting absentee
21 voting in such facilities.
22 Not less than 120 days before each regular election, the
23 Department of Public Health shall certify to the State Board
24 of Elections a list of the facilities licensed or certified
25 pursuant to the Nursing Home Care Act, and shall indicate the
26 approved bed capacity and the name of the chief
27 administrative officer of each such facility, and the State
28 Board of Elections shall certify the same to the appropriate
29 election authority within 20 days thereafter.
30 (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)
31 (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
32 Sec. 19-13. Any qualified voter who has been admitted to
33 a hospital due to an illness or physical injury not more than
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1 5 days before an election shall be entitled to personal
2 delivery of an absentee ballot in the hospital subject to the
3 following conditions:
4 (1) The voter completes the Application for Physically
5 Incapacitated Elector as provided in Section 19-3, stating as
6 reasons therein that he is a patient in ............... (name
7 of hospital), ............... located at, ...............
8 (address of hospital), ............... (county,
9 city/village), was hospitalized for ............... (nature
10 of illness or physical injury), on ............... (date of
11 admission), and does not expect to be released from the
12 hospital on or before the day of election.
13 (2) The voter's physician completes a Certificate of
14 Attending Physician in a form substantially as follows:
15 CERTIFICATE OF ATTENDING PHYSICIAN
16 I state that I am a physician, duly licensed to practice
17 in the State of .........; that .......... is a patient in
18 .......... (name of hospital), located at .............
19 (address of hospital), ................. (county,
20 city/village); that such individual was hospitalized for
21 ............. (nature of illness or physical injury), on
22 ............ (date of admission); and that I have examined
23 such individual in the State in which I am licensed to
24 practice medicine and do not expect such individual to be
25 released from the hospital on or before the day of election.
26 Under penalties as provided by law pursuant to Section
27 29-10 of The Election Code, the undersigned certifies that
28 the statements set forth in this certification are true and
29 correct.
30 (Signature) ...............
31 (Date licensed) ............
32 (3) Any person who is registered to vote in the same
33 precinct as the hospitalized voter or any legal relative of
34 the hospitalized voter may present such voter's absentee
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1 ballot application, completed as prescribed in paragraph 1,
2 accompanied by the physician's certificate, completed as
3 prescribed in paragraph 2, to the election authority. Such
4 precinct voter or relative shall execute and sign an
5 affidavit furnished by the election authority attesting that
6 he is a registered voter in the same precinct as the
7 hospitalized voter or that he is a legal relative of the
8 hospitalized voter and stating the nature of the
9 relationship. Such precinct voter or relative shall further
10 attest that he has been authorized by the hospitalized voter
11 to obtain his absentee ballot from the election authority and
12 deliver such ballot to him in the hospital.
13 Upon receipt of the hospitalized voter's application,
14 physician's certificate, and the affidavit of the precinct
15 voter or the relative, the election authority shall examine
16 the registration records to determine if the applicant is
17 qualified to vote and, if found to be qualified, shall
18 provide the precinct voter or the relative the absentee
19 ballot for delivery to the applicant in the hospital.
20 Upon receipt of the absentee ballot, the hospitalized
21 voter shall mark the ballot in secret and subscribe to the
22 certifications on the absentee ballot return envelope. After
23 depositing the ballot in the return envelope and securely
24 sealing the envelope, such voter shall give the envelope to
25 the precinct voter or the relative who shall deliver it to
26 the election authority in sufficient time for the ballot to
27 be tabulated pursuant to Sections 19-8 and 19-9 delivered by
28 the election authority to the proper precinct polling place
29 before 7 p.m. on election day.
30 Upon receipt of the hospitalized voter's absentee ballot,
31 the ballot shall be counted in the manner prescribed in
32 Section 19-9.
33 (Source: P.A. 84-808.)
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1 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
2 Sec. 20-2. Any member of the United States Service,
3 otherwise qualified to vote, who expects in the course of his
4 duties to be absent from the county in which he resides on
5 the day of holding any election may make application for an
6 absentee ballot to the election authority having jurisdiction
7 over his precinct of residence on the official postcard or on
8 a form furnished by the election authority as prescribed by
9 Section 20-3 of this Article not less than 10 days before the
10 election. A request pursuant to this Section shall entitle
11 the applicant to an absentee ballot for every election in one
12 calendar year. The original application for ballot shall be
13 kept in the office of the election authority for one year as
14 authorization to send a ballot to the voter for each election
15 to be held within that calendar year. A certified copy of
16 such application for ballot shall be sent each election with
17 the absentee ballot to the polling place to be used in lieu
18 of the original application for ballot. No registration shall
19 be required in order to vote pursuant to this Section.
20 Ballots under this Section shall be mailed by the
21 election authority in the manner prescribed by Section 20-5
22 of this Article and not otherwise. Ballots voted under this
23 Section must be returned to the election authority in
24 sufficient time for the ballot to be tabulated pursuant to
25 Sections 20-8 and 20-9 delivery to the proper precinct
26 polling place before the closing of the polls on the day of
27 the election.
28 (Source: P.A. 86-875.)
29 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
30 Sec. 20-2.1. Citizens of the United States temporarily
31 residing outside the territorial limits of the United States
32 who are not registered but otherwise qualified to vote and
33 who expect to be absent from their county of residence during
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1 the periods of voter registration provided for in Articles 4,
2 5 or 6 of this Code and on the day of holding any election,
3 may make simultaneous application to the election authority
4 having jurisdiction over their precinct of residence for an
5 absentee registration and absentee ballot not less than 30
6 days before the election. Such application may be made on the
7 official postcard or on a form furnished by the election
8 authority as prescribed by Section 20-3 of this Article. A
9 request pursuant to this Section shall entitle the applicant
10 to an absentee ballot for every election in one calendar
11 year. The original application for ballot shall be kept in
12 the office of the election authority for one year as
13 authorization to send a ballot to the voter for each election
14 to be held within that calendar year. A certified copy of
15 such application for ballot shall be sent each election with
16 the absentee ballot to the polling place to be used in lieu
17 of the original application for ballot.
18 Registration shall be required in order to vote pursuant
19 to this Section. However, if the election authority receives
20 one of such applications after 30 days but not less than 10
21 days before a Federal election, said applicant shall be sent
22 a ballot containing the Federal offices only and registration
23 for that election shall be waived.
24 Ballots under this Section shall be mailed by the
25 election authority in the manner prescribed by Section 20-5
26 of this Article and not otherwise.
27 Ballots under this Section must be returned to the
28 election authority in sufficient time for the ballot to be
29 tabulated pursuant to Sections 20-8 and 20-9 delivery to the
30 proper precinct polling place before the closing of the polls
31 on the day of the election.
32 (Source: P.A. 86-875.)
33 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
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1 Sec. 20-2.2. Any non-resident civilian citizen,
2 otherwise qualified to vote, may make application to the
3 election authority having jurisdiction over his precinct of
4 former residence for an absentee ballot containing the
5 Federal offices only not less than 10 days before a Federal
6 election. Such application may be made only on the official
7 postcard. A request pursuant to this Section shall entitle
8 the applicant to an absentee ballot for every election in one
9 calendar year at which Federal offices are filled. The
10 original application for ballot shall be kept in the office
11 of the election authority for one year as authorization to
12 send a ballot to the voter for each election to be held
13 within that calendar year at which Federal offices are
14 filled. A certified copy of such application for ballot
15 shall be sent each election with the absentee ballot to the
16 polling place to be used in lieu of the original application
17 for ballot. No registration shall be required in order to
18 vote pursuant to this Section. Ballots under this Section
19 shall be mailed by the election authority in the manner
20 prescribed by Section 20-5 of this Article and not otherwise.
21 Ballots under this Section must be returned to the election
22 authority in sufficient time for the ballots to be tabulated
23 pursuant to Sections 20-8 and 20-9 delivery to the proper
24 precinct polling place before the closing of the polls on the
25 day of the election.
26 (Source: P.A. 86-875.)
27 (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
28 Sec. 20-7. Upon receipt of such absent voter's ballot,
29 the election authority officer or officers above described
30 shall forthwith enclose the same unopened, together with the
31 application made by said absent voter in a large or carrier
32 envelope which shall be securely sealed and endorsed with the
33 name and official title of such officer and the words, "This
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1 envelope contains an absent voter's ballot and must be opened
2 on election day," together with the number and description of
3 the precinct in which said ballot is to be voted, and such
4 officer shall thereafter safely keep the same in his office
5 until counted by him as provided in the next section. The
6 absentee ballot shall be tabulated pursuant to Sections 20-8
7 and 20-9.
8 (Source: P.A. 81-155.)
9 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
10 Sec. 20-8. (a) An absentee ballot returned to an
11 election authority shall be processed as provided in
12 subsection (b) or as provided in subsection (c) of this
13 Section.
14 (b) In case any such ballot is received by the election
15 authority prior to the delivery of the official ballots to
16 the judges of election of the precinct in which said elector
17 resides, such ballot envelope and application, sealed in the
18 carrier envelope, shall be enclosed in the same package with
19 the other official ballots and therewith delivered to the
20 judges of such precinct. In case the official ballots for
21 such precinct have been delivered to the judges of election
22 at the time of the receipt by the election authority of such
23 absent voter's ballot, it shall immediately enclose said
24 envelope containing the absent voter's ballot, together with
25 his application therefor, in a larger or carrier envelope
26 which shall be securely sealed and addressed on the face to
27 the judges of election, giving the name or number of
28 precinct, street and number of polling place, city or town in
29 which such absent voter is a qualified elector, and the
30 words, "This envelope contains an absent voter's ballot and
31 must be opened only on election day at the polls immediately
32 after the polls are closed," mailing the same, postage
33 prepaid, to such judges of election, or if more convenient he
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1 or it may deliver such absent voter's ballot to the judges of
2 election in person or by duly deputized agent and secure his
3 receipt for delivery of such ballot or ballots. Absent
4 voter's ballots postmarked after 11:59 p.m. of the day
5 immediately preceding the election returned to the election
6 authority too late to be delivered to the proper polling
7 place before the closing of the polls on the day of election
8 shall be endorsed by the person receiving the same with the
9 day and hour of receipt and shall be safely kept unopened by
10 the election authority for the period of time required for
11 the preservation of ballots used at such election, and shall
12 then, without being opened, be destroyed in like manner as
13 the used ballots of such election.
14 All absent voters' ballots received by the election
15 authority after 12:00 noon on election day or too late for
16 delivery to the proper polling place before the closing of
17 the polls on election day, except ballots returned by mail
18 postmarked after midnight preceding the opening of the polls
19 on election day, shall be counted in the office of the
20 election authority on the day of the election after 7:00 p.m.
21 All absent voters' ballots delivered in error to the wrong
22 precinct polling place shall be returned to the election
23 authority and counted under this provision.
24 Such counting shall commence no later than 8:00 p.m. and
25 shall be conducted by a panel or panels of election judges
26 appointed in the manner provided by law. Such counting shall
27 continue until all absent voters' ballots received as
28 aforesaid have been counted.
29 The procedures set forth in Section 19-9 of this Act and
30 Articles 17 and 18 of this Code, shall apply to all absent
31 voters' ballots counted under this provision; except that
32 votes shall be recorded without regard to precinct
33 designation.
34 Where certain absent voters' ballots are counted in the
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1 office of the election authority as provided in this Section,
2 each political party, candidate and qualified civic
3 organization shall be entitled to have present one
4 pollwatcher for each panel of election judges therein
5 assigned.
6 (c) All absentee voters' ballots may be processed and
7 tabulated at the central counting location on the day of the
8 election immediately after the polls have closed by a special
9 absentee voting panel or panels appointed pursuant to
10 Sections 13-1, 13-2, or 14-3.1. The special absentee voting
11 panel shall process the absentee ballots pursuant to Section
12 20-9 and such processing shall be continued until all
13 absentee ballots have been tabulated. However, the special
14 absentee voting panel may begin to process the absentee
15 ballots prior to the closing of the polls on election day
16 except that no absentee ballots shall be tabulated prior to
17 the closing of the polls on election day.
18 The procedures set forth in Section 20-9 and Articles 17
19 and 18 shall apply to all absentee voters' ballots tabulated
20 under this Section 20-8.
21 Absentee voters' ballots returned by absentee voters to
22 the election authority after the closing of the polls on an
23 election day shall be endorsed by the election authority
24 receiving the same with the day and hour of receipt and shall
25 be safely kept unopened by such election authority for 2
26 months, and shall then, without being opened, be destroyed in
27 like manner as the used ballots of such election.
28 (Source: P.A. 84-861.)
29 (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
30 Sec. 20-9. At the close of the regular balloting and at
31 the close of the polls the special absentee voting panel or
32 the judges of election of each voting precinct,whichever is
33 applicable, shall proceed to cast the absent voter's ballot
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1 separately, and as each absent voter's ballot is taken shall
2 open the outer or carrier envelope, announce the absent
3 voter's name, and compare the signature upon the application
4 with the signature upon the registration record card if the
5 voter is registered or upon the certification on the ballot
6 envelope if there is no registration card. In case the panel
7 or judges find the certifications properly executed, that the
8 signatures correspond, that the applicant is a duly qualified
9 elector in the precinct and the applicant has not been
10 present and voted within the county where he represents
11 himself to be a qualified elector on such election day, they
12 shall open the envelope containing the absent voter's ballot
13 in such manner as not to deface or destroy the certification
14 thereon, or mark or tear the ballots therein and take out the
15 ballot or ballots therein contained without unfolding or
16 permitting the same to be unfolded or examined, and having
17 endorsed or initialed the ballot in like manner as other
18 ballots are required to be endorsed, shall deposit the same
19 in the proper ballot box or boxes and mark the voter's
20 registration record card accordingly or file the application
21 in lieu thereof. The judges shall place the absentee ballot
22 certification envelopes in a separate envelope as per the
23 direction of the election authority. Such envelope containing
24 the absentee ballot certification envelopes shall be returned
25 to the election authority and preserved in like manner as the
26 official poll record.
27 After the aforesaid procedures have been completed, the
28 special absentee voting panel, where applicable, shall open
29 the ballot boxes and count and record the number of absentee
30 ballots for each precinct. The number of ballots deposited
31 in the ballot boxes and the number of applications for
32 absentee ballots shall be the same. All ballots not
33 tabulated on an electronic voting system shall be counted,
34 tallied and returned as elsewhere provided in the Election
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1 Code for the counting and handling of paper ballots. All
2 ballots to be tabulated with an electronic voting system
3 shall be processed pursuant to Section 24A-10.
4 Within 60 days after the election, the election authority
5 shall mark the poll book the same as if the voter had been
6 present and voted in person at the polling place.
7 In case the signatures do not correspond, or
8 that the applicant is not a duly qualified elector in such
9 precinct or that the ballot envelope is open or has been
10 opened and resealed (except for the purpose of military
11 censorship), or that said voter is present and has voted
12 within the county where he represents himself to be a
13 qualified elector on the day of such election at such
14 election such previously cast vote shall not be allowed, but
15 without opening the absent voter's envelope, the panel or
16 judge of such election shall mark across the face thereof,
17 "Rejected", giving the reason therefor.
18 In case the ballot envelope contains duplicate ballots,
19 said ballots shall not be counted, but shall be marked
20 "Rejected", giving the reason therefor.
21 The absent voters' envelopes and certifications and the
22 absent voters' envelope with its contents unopened, when such
23 absent vote is rejected shall be retained and preserved for 2
24 months in the manner as now provided for the retention and
25 preservation of official ballots rejected at such election.
26 (Source: P.A. 87-1052.)
27 (10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
28 Sec. 20-10. Pollwatchers shall be permitted to be present
29 during the casting of the absent voters' ballots and the vote
30 of any absent voter may be challenged for cause the same as
31 if he were present and voted in person, and the special
32 absentee voting panel or judges of the election or a majority
33 thereof shall have power and authority to hear and determine
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1 the legality of such ballot; Provided, however, that if a
2 challenge to any absent voter's right to vote is sustained,
3 notice of the same must be given by the panel or judges of
4 election by mail addressed to the voter's mailing address as
5 stated in the certification and application for ballot.
6 Each political party, candidate and qualified civic
7 organization shall be entitled to have present one
8 pollwatcher for each special absentee voting panel, whenever
9 such panel is utilized.
10 (Source: P.A. 80-1090.)
11 (10 ILCS 5/20-11) (from Ch. 46, par. 20-11)
12 Sec. 20-11. Whenever it shall be made to appear by due
13 proof to the special absentee voting panel or the judges of
14 election that any elector who has marked and forwarded his
15 ballot as provided in this article has died prior to the
16 opening of the polls on the date of the election, then the
17 ballot of such deceased voter shall be returned by the panel
18 or judges of election in the same manner as provided for
19 rejected ballots above; but the casting of the ballot of a
20 deceased voter shall not invalidate the election.
21 (Source: Laws 1944, 1st S.S., p. 6.)
22 (10 ILCS 5/24-16) (from Ch. 46, par. 24-16)
23 Sec. 24-16. The precinct election officers shall then
24 ascertain the number of votes which the candidates received
25 both on the machine or machines, and by the voting of
26 irregular ballots, if any. Except when the machine is
27 equipped with a device which will automatically record the
28 registering column on the back of the machine to sheets of
29 paper giving the accurate vote cast for each candidate. Two
30 precinct election officials, not members of the same
31 political party, shall write the totals in figures, in ink,
32 for such candidate on the duplicate return sheets provided
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1 for that purpose, while one election officer announces in a
2 distinct voice the total vote cast for each candidate thus
3 ascertained in the order of the offices as their titles are
4 arranged on the ballot label, and the remaining precinct
5 election official or officials, if any, shall be stationed at
6 the counter compartment of the voting machine being canvassed
7 and shall watch each total as it is being called out from the
8 registering counters. Each precinct election official who is
9 recording the totals on the return sheets shall distinctly
10 repeat each total as it is announced from the counter of the
11 voting machine. The totals of each machine for each candidate
12 shall be recorded on the return sheets in such a manner that
13 they may be identified by the serial number of the voting
14 machine. The vote both for and against each question or other
15 proposition shall also be announced and recorded in the same
16 manner as the vote for the candidates. When the machine is
17 equipped with a device which will automatically record the
18 registering column on the back of the machine to recording
19 sheets of paper giving the accurate vote cast for each
20 candidate then the totals cast for each candidate or each
21 question or proposition shall be called out the same as if
22 they were being read from the Counter Compartment of the
23 voting machine, provided however the paper recording sheet
24 shall constitute the return sheet for the precinct or
25 consolidated area and no return sheets shall be required.
26 When more than one voting machine is used in the same
27 election precinct, the canvass of the first machine shall be
28 completed before the second and so on. When the canvass of
29 all totals shall have been completed, the precinct election
30 board, where applicable, shall canvass all absentee ballots
31 in the same manner provided by law for canvassing paper
32 ballots. The totals of the absentee votes for each candidate
33 and for each question or other proposition shall be recorded
34 on the return sheets under the totals from the voting
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1 machines and the final total of the votes received by each
2 candidate, and each constitutional amendment, question or
3 other proposition, shall be ascertained and recorded in the
4 space provided for that purpose on the return sheets. Upon
5 the completion of the canvass as hereinbefore provided, one
6 of the precinct election officials shall, in a loud and
7 distinct voice announce the total votes received by each
8 candidate, and the total votes cast both for and against each
9 constitutional amendment, question or other proposition, and
10 such proclamation shall be made slowly enough so as to enable
11 anyone desiring to do so, to record each such result as it is
12 announced. Except where a voting machine is equipped with an
13 automatic recording sheet when the proclamation is completed,
14 the election official who announced the totals from the
15 counters of the machine or machines, shall take his place at
16 one of the return sheets and one of the election officials of
17 the opposite party who has completed the recording of the
18 returns on the return sheets shall take his place at the
19 counter compartment of the voting machine first canvassed,
20 and he shall then proceed to announce each total on each
21 registering counter in the same manner as it was done for the
22 first canvass. Before the recheck of the voting machine is
23 begun, the two precinct election officials who are to recheck
24 the totals on the return sheets shall exchange return sheets
25 and each election official shall then, as the canvass
26 proceeds, check each total as it is announced from the
27 registering counters of the voting machine or machines for
28 the second time. As each total is announced each precinct
29 election official who is checking the totals on the return
30 sheets shall repeat in a loud and distinct voice each total
31 as it is announced. If any errors in the original canvass are
32 discovered they shall be corrected at once in the presence of
33 all the precinct election officials and a certificate shall
34 be prepared and signed by each such election official,
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1 setting forth which errors were discovered and what
2 corrections were made, and such certificate shall be made in
3 duplicate and one filed with each return sheet. During the
4 process of rechecking each total on the machines, the
5 precinct election official or officials, if any, who at the
6 original canvass acted as watcher or watchers at the
7 registering counters of the machines, shall in the same
8 manner verify the accuracy of each total as it is announced
9 from the machine or machines and is repeated by the two
10 precinct election officials who are rechecking the totals as
11 written on the return sheets. When this recheck is completed
12 the entire precinct election board shall take one of the
13 return sheets and fold it in accordion pleats approximately
14 ten inches wide with the face of the return sheet out, in
15 such a manner that each pleat can easily be turned as the
16 final recheck proceeds. The entire precinct election board
17 shall then begin at the voting machine first canvassed and
18 each such election official shall, simultaneously with the
19 other such election officials, and in the presence of each
20 other, examine each registering counter on the voting
21 machine, and immediately examine the corresponding record for
22 that counter, as it is written on the return sheet, and shall
23 satisfy himself that both numbers are the same. Each total on
24 each voting machine shall be as examined and when such
25 examination has been completed, the entire precinct election
26 board shall then compare each total on such return sheet with
27 the corresponding total on the duplicate return sheet and
28 each precinct election official shall satisfy himself that
29 all totals are the same on both return sheets. Each precinct
30 election official shall sign a certificate stating that each
31 step in the canvass of the voting machines, as provided
32 herein, has been carefully and faithfully carried out in
33 every detail. If any errors are discovered during the final
34 recheck of the registering counters and comparison of the
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1 duplicate return sheets, such errors shall be corrected at
2 once, and each precinct election official shall sign a
3 certificate stating which errors were found and what
4 corrections were made and such corrections shall be made in
5 the presence of all the precinct election officials. The
6 precinct election board shall then canvass the irregular
7 ballot in substantially the same manner as the law provides
8 for canvassing the returns for paper ballots, and shall
9 record the results thereof on the return sheets in the space
10 provided for that purpose. Before leaving the room and before
11 closing and locking the counting compartment, each precinct
12 election official shall make and sign the certificate and
13 written statements and the return sheets of such election as
14 provided by law. In precincts where the voting machines are
15 equipped with the automatic recording sheet and two or more
16 machines the total vote cast for each candidate, question or
17 proposition from each machine shall be recorded separately on
18 the statement of votes as provided for in Section 18-14, and
19 the grand total of all votes appearing on the recording
20 sheets shall be recorded on the statement of votes and
21 proclaimed by the judges in the same manner as is herein
22 provided for proclamation of votes from the return sheets.
23 All absentee ballots and irregular ballots of each voting
24 machine shall be returned to the proper officer together with
25 the return sheets and certificates and supplies and such
26 absentee ballots and irregular machine ballots shall be
27 preserved and finally destroyed as is now provided by law
28 when paper ballots are used. The written statements or
29 returns so made, after having been properly signed, shall be
30 distinctly and clearly read in the hearing of all persons
31 present in the polling place, and ample opportunity shall be
32 given to compare the results so certified with the counter
33 dials of the machine. After such comparison and correction,
34 if any is made, the precinct election officials shall then
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1 close the counting compartment and lock the same. Thereafter
2 the voting machine shall remain locked and sealed against
3 voting for a period of at least 30 days, after the results of
4 the election have been declared, unless otherwise ordered by
5 the circuit court: provided, however, upon application to the
6 circuit court, the circuit judge may order the said machines
7 opened prior to the thirty day period herein required to be
8 closed. The circuit court in its order shall specify the
9 manner in which the count recorded on the machines shall be
10 taken and preserved: provided, however, when the machines are
11 equipped with any recording or photographic device on which
12 votes registered on the mechanical counters will be
13 separately recorded or photographed, as provided in Section
14 24-18 hereof, and it is necessary to use said machines at an
15 election occurring within said 30 days, then after the
16 machines have remained locked for a period of 48 hours they
17 may be prepared for such subsequent election as herein
18 provided. Whenever it is necessary to reset the machines for
19 another election prior to the time limit for the filing of
20 election contests, it shall be the duty of the proper
21 officials to make a photographic record of the machines
22 involved to be used in case of an election contest, whereupon
23 the machines may be set back to zero and arranged for the
24 next election.
25 (Source: P.A. 80-704.)
26 (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
27 Sec. 24A-10. (1) In an election jurisdiction which has
28 adopted an electronic voting system, the election official in
29 charge of the election shall select one of the 3 following
30 procedures for receiving, counting, tallying, and return of
31 the ballots:
32 (a) Two ballot boxes shall be provided for each polling
33 place. The first ballot box is for the depositing of votes
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1 cast on the electronic voting system; and the second ballot
2 box is for all votes cast on paper ballots, including
3 absentee paper ballots and any other paper ballots required
4 to be voted other than on the electronic voting system.
5 Ballots, except absentee ballots for candidates and
6 propositions which are listed on the electronic voting
7 system, deposited in the second ballot box shall be counted,
8 tallied, and returned as is elsewhere provided in "The
9 Election Code," as amended, for the counting and handling of
10 paper ballots. Where applicable, immediately after the
11 closing of the polls the absentee ballots delivered to the
12 precinct judges of election by the election official in
13 charge of the election shall be examined to determine that
14 such ballots comply with Sections 19--9 and 20--9 of "The
15 Election Code," as amended, and are entitled to be deposited
16 in the ballot box provided therefor; those entitled to be
17 deposited in this ballot box shall be initialed by the
18 precinct judges of election and deposited therein. Those not
19 entitled to be deposited in this ballot box shall be marked
20 "Rejected" and disposed of as provided in Sections 19--9 and
21 20--9. Where applicable, the precinct judges of election
22 shall then open the second ballot box and examine all paper
23 absentee ballots which are in the ballot box to determine
24 whether the absentee ballots bear the initials of a precinct
25 judge of election. If any absentee ballot is not so
26 initialed, it shall be marked on the back "Defective,"
27 initialed as to such label by all judges immediately under
28 such word "Defective," and not counted, but placed in the
29 envelope provided for that purpose labeled "Defective Ballots
30 Envelope." Where applicable, the judges of election,
31 consisting in each case of at least one judge of election of
32 each of the two major political parties, shall examine the
33 paper absentee ballots which were in such ballot box and
34 properly initialed so as to determine whether the same
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1 contain write-in votes. Write-in votes, not causing an
2 overvote for an office otherwise voted for on the paper
3 absentee ballot, and otherwise properly voted, shall be
4 counted, tallied and recorded on the tally sheet provided for
5 such record. A write-in vote causing an overvote for an
6 office shall not be counted for that office, but the precinct
7 judges shall mark such paper absentee ballot "Objected To" on
8 the back thereof and write on its back the manner in which
9 such ballot is counted and initial the same. An overvote for
10 one office shall invalidate only the vote or count of that
11 particular office. Where applicable, after counting, tallying
12 and recording the write-in votes on absentee ballots, the
13 judges of election, consisting in each case of at least one
14 judge of election of each of the two major political parties,
15 shall make a true duplicate ballot of the remaining valid
16 votes on each paper absentee ballot which was in the ballot
17 box and properly initialed, by using the electronic voting
18 system used in the precinct and one of the marking devices of
19 the precinct so as to transfer the remaining valid votes of
20 the voter on the paper absentee ballot to an official ballot
21 or a ballot card of that kind used in the precinct at that
22 election. The original paper absentee ballot shall be clearly
23 labeled "Absentee Ballot" and the ballot card so produced
24 "Duplicate Absentee Ballot," and each shall bear the same
25 serial number which shall be placed thereon by the judges of
26 election, commencing with number 1 and continuing
27 consecutively for the ballots of that kind in that precinct.
28 The judges of election shall initial the "Duplicate Absentee
29 Ballot" ballots or ballot cards and shall place them in the
30 first ballot box provided for return of the ballots to be
31 counted at the central counting location in lieu of the paper
32 absentee ballots. The paper absentee ballots shall be placed
33 in an envelope provided for that purpose labeled "Duplicate
34 Ballots."
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1 Where applicable, as soon as the absentee ballots have
2 been deposited in the first ballot box, the judges of
3 election shall make out a slip indicating the number of
4 persons who voted in the precinct at the election. Such slip
5 shall be signed by all the judges of election and shall be
6 inserted by them in the first ballot box. The judges of
7 election shall thereupon immediately lock the first ballot
8 box; provided, that if such box is not of a type which may be
9 securely locked, such box shall be sealed with filament tape
10 provided for such purpose which shall be wrapped around the
11 box lengthwise and crosswise, at least twice each way, and in
12 such manner that the seal completely covers the slot in the
13 ballot box, and each of the judges shall sign such seal.
14 Thereupon two of the judges of election, of different
15 political parties, shall forthwith and by the most direct
16 route transport both ballot boxes to the counting location
17 designated by the county clerk or board of election
18 commissioners.
19 Where applicable, before the ballots of a precinct are
20 fed to the electronic tabulating equipment, the first ballot
21 box shall be opened at the central counting station by the
22 two precinct transport judges. Upon opening a ballot box,
23 such team shall first count the number of ballots in the box.
24 If 2 or more are folded together so as to appear to have
25 been cast by the same person, all of the ballots so folded
26 together shall be marked and returned with the other ballots
27 in the same condition, as near as may be, in which they were
28 found when first opened, but shall not be counted. If the
29 remaining ballots are found to exceed the number of persons
30 voting in the precinct as shown by the slip signed by the
31 judges of election, the ballots shall be replaced in the box,
32 and the box closed and well shaken and again opened and one
33 of the precinct transport judges shall publicly draw out so
34 many ballots unopened as are equal to such excess.
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1 Such excess ballots shall be marked "Excess-Not Counted"
2 and signed by the two precinct transport judges and shall be
3 placed in the "After 7:00 p.m. Defective Ballots Envelope".
4 The number of excess ballots shall be noted in the remarks
5 section of the Certificate of Results. "Excess" ballots shall
6 not be counted in the total of "defective" ballots.
7 The precinct transport judges shall then examine the
8 remaining ballots for write-in votes and shall count and
9 tabulate the write-in vote; or
10 (b) A single ballot box, for the deposit of all votes
11 cast, shall be used. All ballots which are not to be
12 tabulated on the electronic voting system shall be counted,
13 tallied, and returned as elsewhere provided in "The Election
14 Code," as amended, for the counting and handling of paper
15 ballots.
16 All ballots to be processed and tabulated with the
17 electronic voting system shall be processed as follows:
18 Where applicable, immediately after the closing of the
19 polls the absentee ballots delivered to the precinct judges
20 of election by the election official in charge of the
21 election shall be examined to determine that such ballots
22 comply with Sections 19--9 and 20--9 of "The Election Code,"
23 as amended, and are entitled to be deposited in the ballot
24 box; those entitled to be deposited in the ballot box shall
25 be initialed by the precinct judges of election and deposited
26 in the ballot box. Those not entitled to be deposited in the
27 ballot box shall be marked "Rejected" and disposed of as
28 provided in said Sections 19--9 and 20--9. The precinct
29 judges of election then shall open the ballot box and canvass
30 the votes polled to determine that the number of ballots
31 therein agree with the number of voters voting as shown by
32 the applications for ballot or if the same do not agree the
33 judges of election shall make such ballots agree with the
34 applications for ballot in the manner provided by Section
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1 17--18 of "The Election Code." The judges of election shall
2 then examine all paper absentee ballots, ballot cards and
3 ballot card envelopes which are in the ballot box to
4 determine whether the paper ballots, ballot cards and ballot
5 card envelopes bear the initials of a precinct judge of
6 election. If any paper ballot, ballot card or ballot card
7 envelope is not initialed, it shall be marked on the back
8 "Defective," initialed as to such label by all judges
9 immediately under such word "Defective," and not counted, but
10 placed in the envelope provided for that purpose labeled
11 "Defective Ballots Envelope." The judges of election,
12 consisting in each case of at least one judge of election of
13 each of the two major political parties, shall examine the
14 paper absentee ballots which were in the ballot box and
15 properly initialed so as to determine whether the same
16 contain write-in votes. Write-in votes, not causing an
17 overvote for an office otherwise voted for on the paper
18 absentee ballot, and otherwise properly voted, shall be
19 counted, tallied and recorded on the tally sheet provided for
20 such record. A write-in vote causing an overvote for an
21 office shall not be counted for that office, but the precinct
22 judges shall mark such paper absentee ballot "Objected To" on
23 the back thereof and write on its back the manner in which
24 such ballot is counted and initial the same. An overvote for
25 one office shall invalidate only the vote or count of that
26 particular office. After counting, tallying and recording the
27 write-in votes on absentee ballots, the judges of election,
28 consisting in each case of at least one judge of election of
29 each of the two major political parties, shall make a true
30 duplicate ballot of the remaining valid votes on each paper
31 absentee ballot which was in the ballot box and properly
32 initialed, by using the electronic voting system used in the
33 precinct and one of the marking devices of the precinct so as
34 to transfer the remaining valid votes of the voter on the
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1 paper absentee ballot to an official ballot or a ballot card
2 of that kind used in the precinct at that election. The
3 original paper absentee ballot shall be clearly labeled
4 "Absentee Ballot" and the ballot card so produced "Duplicate
5 Absentee Ballot," and each shall bear the same serial number
6 which shall be placed thereon by the judges of election,
7 commencing with number 1 and continuing consecutively for the
8 ballots of that kind in that precinct. The judges of election
9 shall initial the "Duplicate Absentee Ballot" ballots or
10 ballot cards, and shall place them in the box for return of
11 the ballots with all other ballots or ballot cards to be
12 counted at the central counting location in lieu of the paper
13 absentee ballots. The paper absentee ballots shall be placed
14 in an envelope provided for that purpose labeled "Duplicate
15 Ballots."
16 When an electronic voting system is used which utilizes a
17 ballot card, before separating the remaining ballot cards
18 from their respective covering envelopes, the judges of
19 election shall examine the ballot card envelopes for write-in
20 votes. When the voter has voted a write-in vote, the judges
21 of election shall compare the write-in vote with the votes on
22 the ballot card to determine whether such write-in results in
23 an overvote for any office. In case of an overvote for any
24 office, the judges of election, consisting in each case of at
25 least one judge of election of each of the two major
26 political parties, shall make a true duplicate ballot of all
27 votes on such ballot card except for the office which is
28 overvoted, by using the ballot label booklet of the precinct
29 and one of the marking devices of the precinct so as to
30 transfer all votes of the voter except for the office
31 overvoted, to an official ballot card of that kind used in
32 the precinct at that election. The original ballot card and
33 envelope upon which there is an overvote shall be clearly
34 labeled "Overvoted Ballot", and each shall bear the same
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1 serial number which shall be placed thereon by the judges of
2 election, commencing with number 1 and continuing
3 consecutively for the ballots of that kind in that precinct.
4 The judges of election shall initial the "Duplicate Overvoted
5 Ballot" ballot cards and shall place them in the box for
6 return of the ballots. The "Overvoted Ballot" ballots and
7 their envelopes shall be placed in the "Duplicate Ballots"
8 envelope. Envelopes bearing write-in votes marked in the
9 place designated therefor and bearing the initials of a
10 precinct judge of election and not resulting in an overvote
11 and otherwise complying with the election laws as to marking
12 shall be counted, tallied, and their votes recorded on a
13 tally sheet provided by the election official in charge of
14 the election. The ballot cards and ballot card envelopes
15 shall be separated and all except any defective or overvoted
16 shall be placed separately in the box for return of the
17 ballots, along with all "Duplicate Absentee Ballots," and
18 "Duplicate Overvoted Ballots." The judges of election shall
19 examine the ballots and ballot cards to determine if any is
20 damaged or defective so that it cannot be counted by the
21 automatic tabulating equipment. If any ballot or ballot card
22 is damaged or defective so that it cannot properly be counted
23 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 two major political parties, shall
26 make a true duplicate ballot of all votes on such ballot card
27 by using the ballot label booklet of the precinct and one of
28 the marking devices of the precinct. The original ballot or
29 ballot card and envelope shall be clearly labeled "Damaged
30 Ballot" and the ballot or ballot card so produced "Duplicate
31 Damaged Ballot," and each shall bear the same number which
32 shall be placed thereon by the judges of election, commencing
33 with number 1 and continuing consecutively for the ballots of
34 that kind in the precinct. The judges of election shall
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1 initial the "Duplicate Damaged Ballot" ballot or ballot
2 cards, and shall place them in the box for return of the
3 ballots. The "Damaged Ballot" ballots or ballot cards and
4 their envelopes shall be placed in the "Duplicated Ballots"
5 envelope. A slip indicating the number of voters voting in
6 person, number of absentee votes deposited in the ballot box,
7 where applicable, and the total number of voters of the
8 precinct who voted at the election shall be made out, signed
9 by all judges of election, and inserted in the box for return
10 of the ballots. The tally sheets recording the write-in votes
11 shall be placed in this box. The judges of election thereupon
12 immediately shall securely lock the ballot box or other
13 suitable box furnished for return of the ballots by the
14 election official in charge of the election; provided that if
15 such box is not of a type which may be securely locked, such
16 box shall be sealed with filament tape provided for such
17 purpose which shall be wrapped around the box lengthwise and
18 crosswise, at least twice each way. A separate adhesive seal
19 label signed by each of the judges of election of the
20 precinct shall be affixed to the box so as to cover any slot
21 therein and to identify the box of the precinct; and if such
22 box is sealed with filament tape as provided herein rather
23 than locked, such tape shall be wrapped around the box as
24 provided herein, but in such manner that the separate
25 adhesive seal label affixed to the box and signed by the
26 judges may not be removed without breaking the filament tape
27 and disturbing the signature of the judges. Thereupon, 2 of
28 the judges of election, of different major political parties,
29 forthwith shall by the most direct route transport the box
30 for return of the ballots and enclosed ballots and returns to
31 the central counting location designated by the election
32 official in charge of the election. If, however, because of
33 the lack of adequate parking facilities at the central
34 counting location or for any other reason, it is impossible
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1 or impracticable for the boxes from all the polling places to
2 be delivered directly to the central counting location, the
3 election official in charge of the election may designate
4 some other location to which the boxes shall be delivered by
5 the 2 precinct judges. While at such other location the boxes
6 shall be in the care and custody of one or more teams, each
7 consisting of 4 persons, 2 from each of the two major
8 political parties, designated for such purpose by the
9 election official in charge of elections from recommendations
10 by the appropriate political party organizations. As soon as
11 possible, the boxes shall be transported from such other
12 location to the central counting location by one or more
13 teams, each consisting of 4 persons, 2 from each of the 2
14 major political parties, designated for such purpose by the
15 election official in charge of elections from recommendations
16 by the appropriate political party organizations.
17 The "Defective Ballots" envelope, and "Duplicated
18 Ballots" envelope each shall be securely sealed and the flap
19 or end thereof of each signed by the precinct judges of
20 election and returned to the central counting location with
21 the box for return of the ballots, enclosed ballots and
22 returns.
23 At the central counting location, a team of tally judges
24 designated by the election official in charge of the election
25 shall check the box returned containing the ballots to
26 determine that all seals are intact, and thereupon shall open
27 the box, check the voters' slip and compare the number of
28 ballots so delivered against the total number of voters of
29 the precinct who voted, remove the ballots or ballot cards
30 and deliver them to the technicians operating the automatic
31 tabulating equipment. Any discrepancies between the number
32 of ballots and total number of voters shall be noted on a
33 sheet furnished for that purpose and signed by the tally
34 judges; or
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1 (c) A single ballot box, for the deposit of all votes
2 cast, shall be used. Where applicable, immediately after the
3 closing of the polls the judges of election shall examine the
4 absentee ballots received by the precinct judges of election
5 from the election authority of voters in that precinct to
6 determine that they comply with the provisions of Sections
7 19-9, 20-8 and 20-9 of the Election Code, as amended, and are
8 entitled to be deposited in the ballot box; those entitled to
9 be deposited in the ballot box shall be initialed by the
10 precinct judges and deposited in the ballot box. Those not
11 entitled to be deposited in the ballot box, in accordance
12 with Sections 19-9, 20-8 and 20-9 of the Election Code, as
13 amended, shall be marked "Rejected" and preserved in the
14 manner provided in The Election Code for the retention and
15 preservation of official ballots rejected at such election.
16 Immediately upon the completion of the absentee balloting,
17 the precinct judges of election shall securely lock the
18 ballot box; provided that if such box is not of a type which
19 may be securely locked, such box shall be sealed with
20 filament tape provided for such purpose which shall be
21 wrapped around the box lengthwise and crosswise, at least
22 twice each way. A separate adhesive seal label signed by each
23 of the judges of election of the precinct shall be affixed to
24 the box so as to cover any slot therein and to identify the
25 box of the precinct; and if such box is sealed with filament
26 tape as provided herein rather than locked, such tape shall
27 be wrapped around the box as provided herein, but in such
28 manner that the separate adhesive seal label affixed to the
29 box and signed by the judges may not be removed without
30 breaking the filament tape and disturbing the signature of
31 the judges. Thereupon, 2 of the judges of election, of
32 different major political parties, shall forthwith by the
33 most direct route transport the box for return of the ballots
34 and enclosed absentee ballots, where applicable, and returns
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1 to the central counting location designated by the election
2 official in charge of the election. If however, because of
3 the lack of adequate parking facilities at the central
4 counting location or for some other reason, it is impossible
5 or impracticable for the boxes from all the polling places to
6 be delivered directly to the central counting location, the
7 election official in charge of the election may designate
8 some other location to which the boxes shall be delivered by
9 the 2 precinct judges. While at such other location the
10 boxes shall be in the care and custody of one or more teams,
11 each consisting of 4 persons, 2 from each of the two major
12 political parties, designated for such purpose by the
13 election official in charge of elections from recommendations
14 by the appropriate political party organizations. As soon as
15 possible, the boxes shall be transported from such other
16 location to the central counting location by one or more
17 teams, each consisting of 4 persons, 2 from each of the 2
18 major political parties, designated for such purpose by the
19 election official in charge of the election from
20 recommendations by the appropriate political party
21 organizations.
22 At the central counting location there shall be one or
23 more teams of tally judges who possess the same
24 qualifications as tally judges in election jurisdictions
25 using paper ballots. The number of such teams shall be
26 determined by the election authority. Each team shall
27 consist of 5 tally judges, 3 selected and approved by the
28 county board from a certified list furnished by the chairman
29 of the county central committee of the party with the
30 majority of members on the county board and 2 selected and
31 approved by the county board from a certified list furnished
32 by the chairman of the county central committee of the party
33 with the second largest number of members on the county
34 board. At the central counting location a team of tally
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1 judges shall open the ballot box and canvass the votes polled
2 to determine that the number of ballot sheets therein agree
3 with the number of voters voting as shown by the applications
4 for ballot and for absentee ballot; and, if the same do not
5 agree, the tally judges shall make such ballots agree with
6 the number of applications for ballot in the manner provided
7 by Section 17-18 of the Election Code. The tally judges
8 shall then examine all ballot sheets which are in the ballot
9 box to determine whether they bear the initials of the
10 precinct judge of election. If any ballot is not initialed,
11 it shall be marked on the back "Defective", initialed as to
12 such label by all tally judges immediately under such word
13 "Defective", and not counted, but placed in the envelope
14 provided for that purpose labeled "Defective Ballots
15 Envelope". Write-in votes, not causing an overvote for an
16 office otherwise voted for on the absentee ballot sheet, and
17 otherwise properly voted, shall be counted, tallied and
18 recorded by the central counting location judges on the tally
19 sheet provided for such record. A write-in vote causing an
20 overvote for an office shall not be counted for that office,
21 but the tally judges shall mark such absentee ballot sheet
22 "Objected To" on the back thereof and write on its back the
23 manner in which such ballot is counted and initial the same.
24 An overvote for one office shall invalidate only the vote or
25 count of that particular office.
26 At the central counting location, a team of tally judges
27 designated by the election official in charge of the election
28 shall deliver the ballot sheets to the technicians operating
29 the automatic tabulating equipment. Any discrepancies
30 between the number of ballots and total number of voters
31 shall be noted on a sheet furnished for that purpose and
32 signed by the tally judges.
33 (2) Regardless of which procedure described in
34 subsection (1) of this Section is used, the judges of
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1 election designated to transport the ballots, properly signed
2 and sealed as provided herein, shall ensure that the ballots
3 are delivered to the central counting station no later than
4 12 hours after the polls close. At the central counting
5 station a team of tally judges designated by the election
6 official in charge of the election shall examine the ballots
7 so transported and shall not accept ballots for tabulating
8 which are not signed and sealed as provided in subsection (1)
9 of this Section until the judges transporting the same make
10 and sign the necessary corrections. Upon acceptance of the
11 ballots by a team of tally judges at the central counting
12 station, the election judges transporting the same shall take
13 a receipt signed by the election official in charge of the
14 election and stamped with the date and time of acceptance.
15 The election judges whose duty it is to transport any ballots
16 shall, in the event such ballots cannot be found when needed,
17 on proper request, produce the receipt which they are to take
18 as above provided.
19 (Source: P.A. 83-1362.)