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90_SB0742
10 ILCS 5/16-3 from Ch. 46, par. 16-3
10 ILCS 5/17-11 from Ch. 46, par. 17-11
10 ILCS 5/17-21 from Ch. 46, par. 17-21
10 ILCS 5/22-15.1 from Ch. 46, par. 22-15.1
10 ILCS 5/24-1 from Ch. 46, par. 24-1
10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
10 ILCS 5/24A-16 from Ch. 46, par. 24A-16
10 ILCS 5/24B-15
10 ILCS 5/24B-16
Amends the Election Code. Provides that a voter may cast
a "none of the above" vote for the offices of Governor and
Lieutenant Governor, Attorney General, Secretary of State,
Treasurer, Comptroller, State Senator, and State
Representative. Provides that regardless of the number of
"none of the above" votes cast, the candidate receiving the
most votes shall be declared the winner. Effective
immediately.
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1 AN ACT to amend the Election Code by changing Sections
2 16-3, 17-11, 17-21, 22-15.1, 24-1, 24A-15, 24A-16, 24B-15,
3 and 24B-16.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Election Code is amended by changing
7 Sections 16-3, 17-11, 17-21, 22-15.1, 24-1, 24A-15, 24A-16,
8 24B-15, and 24B-16 as follows:
9 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
10 Sec. 16-3. The names of all candidates to be voted for
11 in each election district or precinct shall be printed on one
12 ballot, except as is provided in Sections 16-6.1 and 21-1.01
13 of this Act and except as otherwise provided in this Act with
14 respect to the odd year regular elections and the emergency
15 referenda; all nominations of any political party being
16 placed under the party appellation or title of such party as
17 designated in the certificates of nomination or petitions.
18 The names of all independent candidates shall be printed upon
19 the ballot in a column or columns under the heading
20 "independent" arranged under the names or titles of the
21 respective offices for which such independent candidates
22 shall have been nominated and so far as practicable, the name
23 or names of any independent candidate or candidates for any
24 office shall be printed upon the ballot opposite the name or
25 names of any candidate or candidates for the same office
26 contained in any party column or columns upon said ballot.
27 The ballot shall contain no other names, except that in cases
28 of electors for President and Vice-President of the United
29 States, the names of the candidates for President and
30 Vice-President may be added to the party designation and
31 words calculated to aid the voter in his choice of candidates
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1 may be added, such as "Vote for one," "Vote for three."
2 Beginning with the first general election following the
3 effective date of this amendatory Act of 1997 and at every
4 subsequent general election, a separate "none of the above"
5 category shall be included at the end of that portion of the
6 ballot listing candidates for the offices of Governor and
7 Lieutenant Governor, Attorney General, Secretary of State,
8 Treasurer, Comptroller, State Senator, and State
9 Representative. When an electronic voting system is used
10 which utilizes a ballot label booklet, the candidates and
11 questions shall appear on the pages of such booklet in the
12 order provided by this Code; and, in any case where
13 candidates for an office appear on a page which does not
14 contain the name of any candidate for another office, and
15 where less than 50% of the page is utilized, the name of no
16 candidate shall be printed on the lowest 25% of such page. On
17 the back or outside of the ballot, so as to appear when
18 folded, shall be printed the words "Official Ballot",
19 followed by the designation of the polling place for which
20 the ballot is prepared, the date of the election and a
21 facsimile of the signature of the election authority who has
22 caused the ballots to be printed. The ballots shall be of
23 plain white paper, through which the printing or writing
24 cannot be read. However, ballots for use at the nonpartisan
25 and consolidated elections may be printed on different color
26 paper, except blue paper, whenever necessary or desirable to
27 facilitate distinguishing between ballots for different
28 political subdivisions. In the case of nonpartisan elections
29 for officers of a political subdivision, unless the statute
30 or an ordinance adopted pursuant to Article VII of the
31 Constitution providing the form of government therefor
32 requires otherwise, the column listing such nonpartisan
33 candidates shall be printed with no appellation or circle at
34 its head. The party appellation or title, or the word
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1 "independent" at the head of any column provided for
2 independent candidates, shall be printed in capital letters
3 not less than one-fourth of an inch in height and a circle
4 one-half inch in diameter shall be printed at the beginning
5 of the line in which such appellation or title is printed,
6 provided, however, that no such circle shall be printed at
7 the head of any column or columns provided for such
8 independent candidates. The names of candidates shall be
9 printed in capital letters not less than one-eighth nor more
10 than one-fourth of an inch in height, and at the beginning of
11 each line in which a name of a candidate is printed a square
12 shall be printed, the sides of which shall be not less than
13 one-fourth of an inch in length. However, the names of the
14 candidates for Governor and Lieutenant Governor on the same
15 ticket shall be printed within a bracket and a single square
16 shall be printed in front of the bracket. The list of
17 candidates of the several parties and any such list of
18 independent candidates shall be placed in separate columns on
19 the ballot in such order as the election authorities charged
20 with the printing of the ballots shall decide; provided, that
21 the names of the candidates of the several political parties,
22 certified by the State Board of Elections to the several
23 county clerks shall be printed by the county clerk of the
24 proper county on the official ballot in the order certified
25 by the State Board of Elections. Any county clerk refusing,
26 neglecting or failing to print on the official ballot the
27 names of candidates of the several political parties in the
28 order certified by the State Board of Elections, and any
29 county clerk who prints or causes to be printed upon the
30 official ballot the name of a candidate, for an office to be
31 filled by the Electors of the entire State, whose name has
32 not been duly certified to him upon a certificate signed by
33 the State Board of Elections shall be guilty of a Class C
34 misdemeanor.
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1 When an electronic voting system is used which utilizes a
2 ballot card, on the inside flap of each ballot card envelope
3 there shall be printed a form for write-in voting which shall
4 be substantially as follows:
5 WRITE-IN VOTES
6 (See card of instructions for specific information.
7 Duplicate form below by hand for additional write-in votes.)
8 _____________________________
9 Title of Office
10 ( ) ____________________________
11 Name of Candidate
12 When an electronic voting system is used which uses a
13 ballot sheet, the instructions to voters on the ballot sheet
14 shall refer the voter to the card of instructions for
15 specific information on write-in voting. Below each office
16 appearing on such ballot sheet there shall be a provision for
17 the casting of a write-in vote.
18 When such electronic system is used, there shall be
19 printed on the back of each ballot card, each ballot card
20 envelope, and the first page of the ballot label when a
21 ballot label is used, the words "Official Ballot," followed
22 by the number of the precinct or other precinct
23 identification, which may be stamped, in lieu thereof and, as
24 applicable, the number and name of the township, ward or
25 other election district for which the ballot card, ballot
26 card envelope, and ballot label are prepared, the date of the
27 election and a facsimile of the signature of the election
28 authority who has caused the ballots to be printed. The back
29 of the ballot card shall also include a method of identifying
30 the ballot configuration such as a listing of the political
31 subdivisions and districts for which votes may be cast on
32 that ballot, or a number code identifying the ballot
33 configuration or color coded ballots, except that where there
34 is only one ballot configuration in a precinct, the precinct
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1 identification, and any applicable ward identification, shall
2 be sufficient. Ballot card envelopes used in punch card
3 systems shall be of paper through which no writing or punches
4 may be discerned and shall be of sufficient length to enclose
5 all voting positions. However, the election authority may
6 provide ballot card envelopes on which no precinct number or
7 township, ward or other election district designation, or
8 election date are preprinted, if space and a preprinted form
9 are provided below the space provided for the names of
10 write-in candidates where such information may be entered by
11 the judges of election. Whenever an election authority
12 utilizes ballot card envelopes on which the election date and
13 precinct is not preprinted, a judge of election shall mark
14 such information for the particular precinct and election on
15 the envelope in ink before tallying and counting any write-in
16 vote written thereon. If some method of insuring ballot
17 secrecy other than an envelope is used, such information must
18 be provided on the ballot itself.
19 In the designation of the name of a candidate on the
20 ballot, the candidate's given name or names, initial or
21 initials, a nickname by which the candidate is commonly
22 known, or a combination thereof, may be used in addition to
23 the candidate's surname. No other designation such as a title
24 or degree or nickname suggesting or implying possession of a
25 title, degree or professional status, or similar information
26 may be used in connection with the candidate's surname,
27 except that the title "Mrs." may be used in the case of a
28 married woman.
29 Where voting machines or electronic voting systems are
30 used, the provisions of this Section may be modified as
31 required or authorized by Article 24 or Article 24A,
32 whichever is applicable.
33 Nothing in this Section shall prohibit election
34 authorities from using or reusing ballot card envelopes which
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1 were printed before the effective date of this amendatory Act
2 of 1985.
3 (Source: P.A. 84-1308.)
4 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
5 Sec. 17-11. On receipt of his ballot the voter shall
6 forthwith, and without leaving the inclosed space, retire
7 alone to one of the voting booths so provided and shall
8 prepare his ballot by making in the appropriate margin or
9 place a cross (X) opposite the name of the candidate of his
10 choice for each office to be filled, or by writing in the
11 name of the candidate of his choice in a blank space on said
12 ticket, making a cross (X) opposite thereto; and in case of a
13 question submitted to the vote of the people, by making in
14 the appropriate margin or place a cross (X) against the
15 answer he desires to give. A cross (X) in the square in front
16 of the bracket enclosing the names of a team of candidates
17 for Governor and Lieutenant Governor counts as one vote for
18 each of such candidates. If the voter does not desire to vote
19 for any of the candidates for the office of Governor and
20 Lieutenant Governor, Attorney General, Secretary of State,
21 Treasurer, Comptroller, State Senator, or State
22 Representative, the voter may place the mark in the space for
23 "none of the above". If the voter marks, at the appropriate
24 place, the name of a candidate for the office of Governor and
25 Lieutenant Governor, Attorney General, Secretary of State,
26 Treasurer, Comptroller, State Senator, or State
27 Representative, and the "none of the above" space, the ballot
28 shall be cast for the candidate whose name was marked. Before
29 leaving the voting booth the voter shall fold his ballot in
30 such manner as to conceal the marks thereon. He shall then
31 vote forthwith in the manner herein provided, except that the
32 number corresponding to the number of the voter on the poll
33 books shall not be indorsed on the back of his ballot. He
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1 shall mark and deliver his ballot without undue delay, and
2 shall quit said inclosed space as soon as he has voted. No
3 voter shall be allowed to occupy a voting booth already
4 occupied by another, nor remain within said inclosed space
5 more than ten minutes, nor to occupy a voting booth more than
6 five minutes in case all of said voting booths are in use and
7 other voters waiting to occupy the same. No voter not an
8 election officer, shall, after having voted, be allowed to
9 re-enter said inclosed space during said election. No person
10 shall take or remove any ballot from the polling place before
11 the close of the poll. No voter shall vote or offer to vote
12 any ballot except such as he has received from the judges of
13 election in charge of the ballots. Any voter who shall, by
14 accident or mistake, spoil his ballot, may, on returning said
15 spoiled ballot, receive another in place thereof only after
16 the word "spoiled" has been written in ink diagonally across
17 the entire face of the ballot returned by the voter.
18 Where voting machines or electronic voting systems are
19 used, the provisions of this section may be modified as
20 required or authorized by Article 24 or Article 24A,
21 whichever is applicable.
22 (Source: P.A. 89-700, eff. 1-17-97.)
23 (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
24 Sec. 17-21. When the votes shall have been examined and
25 counted, the judges shall set down on a sheet or return form
26 to be supplied to them, the name of every person voted for,
27 written or printed at full length, the office for which such
28 person received such votes, and the number he did receive and
29 such additional information as is necessary to complete, as
30 nearly as circumstances will admit, the following form,
31 to-wit:
32 TALLY SHEET AND CERTIFICATE OF
33 RESULTS
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1 We do hereby certify that at the .... election held in
2 the precinct hereinafter (general or special) specified on
3 the .... day of ...., in the year of our Lord, one thousand
4 nine hundred and ...., a total of .... voters requested and
5 received ballots and we do further certify:
6 Number of blank ballots delivered to us ....
7 Number of absentee ballots delivered to us ....
8 Total number of ballots delivered to us ....
9 Number of blank and spoiled ballots returned.
10 (1) Total number of ballots cast (in box)....
11 .... Defective and Objected To ballots sealed in envelope
12 ...... Total number of ballots cast for "none of the
13 above"
14 (2) .... Total number of ballots cast (in box)
15 Line (2) equals line (1)
16 We further certify that each of the candidates for
17 representative in the General Assembly received the number of
18 votes ascribed to him on the separate tally sheet.
19 We further certify that each candidate received the
20 number of votes set forth opposite his name or in the box
21 containing his name on the tally sheet contained in the page
22 or pages immediately following our signatures.
23 The undersigned actually served as judges and counted the
24 ballots at the election on the .... day of .... in the ....
25 precinct of the (1) *township of ...., or (2) *City of ....,
26 or (3) *.... ward in the city of .... and the polls were
27 opened at 6:00 A.M. and closed at 7:00 P.M. Certified by us.
28 *Fill in either (1), (2) or (3)
29 A B, ....(Address)
30 C D, ....(Address)
31 E F, ....(Address)
32 G H, ....(Address)
33 I J, ....(Address)
34 Each tally sheet shall be in substantially one of the
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1 following forms:
2 -------------------------------------------------------------
3 Candidate's
4 Name of Candidates Total
5 office Names Vote 5 10 15 20
6 -------------------------------------------------------------
7 United John Smith 77 11
8 States
9 Senator
10 -------------------------------------------------------------
11 -------------------------------------------------------------
12 Names of candidates
13 Name of and total vote
14 office for each 5 10 15 20
15 -------------------------------------------------------------
16 For United John Smith
17 States
18 Senator
19 Total Vote..................
20 -------------------------------------------------------------
21 Regardless of the number of "none of the above" votes
22 cast for the offices of Governor and Lieutenant Governor,
23 Attorney General, Secretary of State, Treasurer, Comptroller,
24 State Senator, and State Representative, the candidate
25 receiving the most votes shall be declared the winner.
26 (Source: P.A. 89-700, eff. 1-17-97.)
27 (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
28 Sec. 22-15.1. (a) Within 60 days following the canvass
29 of the general election within each election jurisdiction,
30 the election authority shall prepare, in typewritten or
31 legible computer-generated form, a report of the abstracts of
32 votes by precinct for all offices and questions of public
33 policy in connection with which votes were cast within the
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1 election jurisdiction at the general election. The report
2 shall include the total number of ballots cast within each
3 precinct , the number of "none of the above" votes cast for
4 the offices of Governor and Lieutenant Governor, Attorney
5 General, Secretary of State, Treasurer, Comptroller, State
6 Senator, and State Representative, and the total number of
7 registered voters within each precinct. The election
8 authority shall provide a copy of the report to the chairman
9 of the county central committee of each established political
10 party in the county within which the election jurisdiction is
11 contained, and shall make a reasonable number of copies of
12 the report available for distribution to the public.
13 (b) Within 60 days after the effective date of this
14 amendatory Act of 1985, each election authority shall
15 prepare, in typewritten or legible computer-generated form, a
16 report of the type required by subsection (a) concerning the
17 general election of 1984. The election authority shall
18 provide a copy of the report to the chairman of the county
19 central committee of each established political party in the
20 county in which the election jurisdiction is contained, and
21 shall make a reasonable number of copies of the report
22 available for distribution to the public.
23 (c) An election authority may charge a fee to reimburse
24 the actual cost of duplicating each copy of a report provided
25 pursuant to subsection (a) or (b).
26 (Source: P.A. 89-700, eff. 1-17-97.)
27 1t(10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
28 Sec. 24-1. The election authority in all jurisdictions
29 when voting machines are used shall, except as otherwise
30 provided in this Code, provide a voting machine or voting
31 machines for any or all of the election precincts or election
32 districts, as the case may be, for which the election
33 authority is by law charged with the duty of conducting an
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1 election or elections. A voting machine or machines
2 sufficient in number to provide a machine for each 400 voters
3 or fraction thereof shall be supplied for use at all
4 elections. However, no such voting machine shall be used,
5 purchased, or adopted until the board of voting machine
6 commissioners hereinafter provided for, or a majority
7 thereof, shall have made and filed a report certifying that
8 they have examined such machine; that it affords each elector
9 an opportunity to vote in absolute secrecy; that it enables
10 each elector to vote a ticket selected in part from the
11 nominees of one party, and in part from the nominees of any
12 or all other parties, and in part from independent nominees
13 printed in the columns of candidates for public office, and
14 in part of persons not in nomination by any party or upon any
15 independent ticket; that it enables each elector to vote a
16 written or printed ballot of his own selection, for any
17 person for any office for whom he may desire to vote; that it
18 enables each elector to vote for all candidates for whom he
19 is entitled to vote, and prevents him from voting for any
20 candidate for any office more than once, unless he is
21 lawfully entitled to cast more than one vote for one
22 candidate, and in that event permits him to cast only as many
23 votes for that candidate as he is by law entitled, and no
24 more; that it prevents the elector from voting for more than
25 one person for the same office, unless he is lawfully
26 entitled to vote for more than one person therefor, and in
27 that event permits him to vote for as many persons for that
28 office as he is by law entitled, and no more; that it enables
29 the votes to cast a "none of the above" vote for the officer
30 of Governor and Lieutenant Governor, Attorney General,
31 Secretary of State, Treasurer, Comptroller, State Senator,
32 and State Representative; and that such machine will register
33 correctly by means of exact counters every vote cast for the
34 regular tickets thereon; and has the capacity to contain the
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1 tickets of at least 5 political parties with the names of all
2 the candidates thereon, together with all propositions in the
3 form provided by law, where such form is prescribed, and
4 where no such provision is made for the form thereof, then in
5 brief form, not to exceed 75 words; that all votes cast on
6 the machine on a regular ballot or ballots shall be
7 registered; that voters may, by means of irregular ballots or
8 otherwise vote for any person for any office, although such
9 person may not have been nominated by any party and his name
10 may not appear on such machine; that when a vote is cast for
11 any person for any such office, when his name does not appear
12 on the machine, the elector cannot vote for any other name on
13 the machine for the same office; that each elector can,
14 understandingly and within the period of 4 minutes cast his
15 vote for all candidates of his choice; that the machine is so
16 constructed that the candidates for presidential electors of
17 any party can be voted for only by voting for the ballot
18 label containing a bracket within which are the names of the
19 candidates for President and Vice-President of the party or
20 group; that the machine is provided with a lock or locks by
21 the use of which any movement of the voting or registering
22 mechanism is absolutely prevented so that it cannot be
23 tampered with or manipulated for any purpose; that the
24 machine is susceptible of being closed during the progress of
25 the voting so that no person can see or know the number of
26 votes registered for any candidate; that each elector is
27 permitted to vote for or against any question, proposition or
28 amendment upon which he is entitled to vote, and is prevented
29 from voting for or against any question, proposition or
30 amendment upon which he is not entitled to vote; that the
31 machine is capable of adjustment by the election authority,
32 so as to permit the elector, at a party primary election, to
33 vote only for the candidates seeking nomination by the
34 political party in which primary he is entitled to vote:
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1 Provided, also that no such machine or machines shall be
2 purchased, unless the party or parties making the sale shall
3 guarantee in writing to keep the machine or machines in good
4 working order for 5 years without additional cost and shall
5 give a sufficient bond conditioned to that effect.
6 (Source: P.A. 89-700, eff. 1-17-97.)
7 (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
8 Sec. 24A-15. The precinct return printed by the
9 automatic tabulating equipment shall include the number of
10 ballots cast, the number of "none of the above" votes cast
11 for the offices of Governor and Lieutenant Governor, Attorney
12 General, Secretary of State, Treasurer, Comptroller, State
13 Senator, and State Representative, and votes cast for each
14 candidate and proposition and shall constitute the official
15 return of each precinct. In addition to the precinct return,
16 the election authority shall provide the number of
17 applications for ballots in each precinct, the write-in
18 votes, the total number of ballots counted in each precinct
19 for each political subdivision and district and the number of
20 registered voters in each precinct. However, the election
21 authority shall check the totals shown by the precinct return
22 and, if there is an obvious discrepancy with respect to the
23 total number of votes cast in any precinct, shall have the
24 ballots for such precinct retabulated to correct the return.
25 The procedures for retabulation shall apply prior to and
26 after the proclamation is completed; however, after the
27 proclamation of results, the election authority must obtain a
28 court order to unseal voted ballots except for election
29 contests and discovery recounts. In those election
30 jurisdictions that utilize in-precinct counting equipment,
31 the certificate of results, which has been prepared by the
32 judges of election in the polling place after the ballots
33 have been tabulated, shall be the document used for the
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1 canvass of votes for such precinct. Whenever a discrepancy
2 exists during the canvass of votes between the unofficial
3 results and the certificate of results, or whenever a
4 discrepancy exists during the canvass of votes between the
5 certificate of results and the set of totals which has been
6 affixed to such certificate of results, the ballots for such
7 precinct shall be retabulated to correct the return. As an
8 additional part of this check prior to the proclamation, in
9 those jurisdictions where in-precinct counting equipment is
10 utilized, the election authority shall retabulate the total
11 number of votes cast in 5% of the precincts within the
12 election jurisdiction. The precincts to be retabulated shall
13 be selected after election day on a random basis by the
14 election authority, so that every precinct in the election
15 jurisdiction has an equal mathematical chance of being
16 selected. The State Board of Elections shall design a
17 standard and scientific random method of selecting the
18 precincts which are to be retabulated, and the election
19 authority shall be required to utilize such method. The
20 State Board of Elections, the State's Attorney and other
21 appropriate law enforcement agencies, the county chairman of
22 each established political party and qualified civic
23 organizations shall be given prior written notice of the time
24 and place of such random selection procedure and may be
25 represented at such procedure. Such retabulation shall
26 consist of counting the ballot cards which were originally
27 counted and shall not involve any determination as to which
28 ballot cards were, in fact, properly counted. The ballots
29 from the precincts selected for such retabulation shall
30 remain at all times under the custody and control of the
31 election authority and shall be transported and retabulated
32 by the designated staff of the election authority.
33 As part of such retabulation, the election authority
34 shall test the computer program in the selected precincts.
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1 Such test shall be conducted by processing a preaudited group
2 of ballots so punched so as to record a predetermined number
3 of valid votes for each candidate and on each public
4 question, and shall include for each office one or more
5 ballots which have votes in excess of the number allowed by
6 law in order to test the ability of the equipment to reject
7 such votes. If any error is detected, the cause therefor
8 shall be ascertained and corrected and an errorless count
9 shall be made prior to the official canvass and proclamation
10 of election results.
11 The State Board of Elections, the State's Attorney and
12 other appropriate law enforcement agencies, the county
13 chairman of each established political party and qualified
14 civic organizations shall be given prior written notice of
15 the time and place of such retabulation and may be
16 represented at such retabulation.
17 The results of this retabulation shall be treated in the
18 same manner and have the same effect as the results of the
19 discovery procedures set forth in Section 22-9.1 of this Act.
20 Upon completion of the retabulation, the election authority
21 shall print a comparison of the results of the retabulation
22 with the original precinct return printed by the automatic
23 tabulating equipment. Such comparison shall be done for each
24 precinct and for each office voted upon within that precinct,
25 and the comparisons shall be open to the public.
26 (Source: P.A. 89-700, eff. 1-17-97.)
27 (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
28 Sec. 24A-16. The State Board of Elections shall approve
29 all voting systems provided by this Article.
30 No voting system shall be approved unless it fulfills the
31 following requirements:
32 (1) It enables a voter to vote in absolute secrecy;
33 (2) (Blank);
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1 (3) It enables a voter to vote a ticket selected in part
2 from the nominees of one party, and in part from the nominees
3 of any or all parties, and in part from independent
4 candidates and in part of candidates whose names are written
5 in by the voter;
6 (3.5) It enables a voter to cast a "none of the above"
7 vote for the offices of Governor and Lieutenant Governor,
8 Attorney General, Secretary of State, Treasurer, Comptroller,
9 State Senator, and State Representative;
10 (4) It enables a voter to vote a written or printed
11 ticket of his own selection for any person for any office for
12 whom he may desire to vote;
13 (5) It will reject all votes for an office or upon a
14 proposition when the voter has cast more votes for such
15 office or upon such proposition than he is entitled to cast;
16 (6) It will accommodate all propositions to be submitted
17 to the voters in the form provided by law or, where no such
18 form is provided, then in brief form, not to exceed 75 words.
19 The State Board of Elections is authorized to withdraw
20 its approval of a voting system if the system fails to
21 fulfill the above requirements.
22 No vendor, person or other entity may sell, lease or loan
23 a voting system or voting system component to any election
24 jurisdiction unless the voting system or voting system
25 component is first approved by the State Board of Elections
26 pursuant to this Section.
27 (Source: P.A. 89-700, eff. 1-17-97.)
28 (10 ILCS 5/24B-15)
29 Sec. 24B-15. Official Return of Precinct; Check of
30 Totals; Retabulation. The precinct return printed by the
31 automatic Precinct Tabulation Optical Scan Technology
32 tabulating equipment shall include the number of ballots
33 cast, the number of "none of the above" votes cast for the
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1 offices of Governor and Lieutenant Governor, Attorney
2 General, Secretary of State, Treasurer, Comptroller, State
3 Senator, and State Representative, and votes cast for each
4 candidate and proposition and shall constitute the official
5 return of each precinct. In addition to the precinct
6 return, the election authority shall provide the number of
7 applications for ballots in each precinct, the write-in
8 votes, the total number of ballots counted in each precinct
9 for each political subdivision and district and the number of
10 registered voters in each precinct. However, the election
11 authority shall check the totals shown by the precinct return
12 and, if there is an obvious discrepancy regarding the total
13 number of votes cast in any precinct, shall have the ballots
14 for that precinct retabulated to correct the return. The
15 procedures for retabulation shall apply prior to and after
16 the proclamation is completed; however, after the
17 proclamation of results, the election authority must obtain a
18 court order to unseal voted ballots except for election
19 contests and discovery recounts. In those election
20 jurisdictions that use in-precinct counting equipment, the
21 certificate of results, which has been prepared by the judges
22 of election in the polling place after the ballots have been
23 tabulated, shall be the document used for the canvass of
24 votes for such precinct. Whenever a discrepancy exists
25 during the canvass of votes between the unofficial results
26 and the certificate of results, or whenever a discrepancy
27 exists during the canvass of votes between the certificate of
28 results and the set of totals which has been affixed to the
29 certificate of results, the ballots for that precinct shall
30 be retabulated to correct the return. As an additional part
31 of this check prior to the proclamation, in those
32 jurisdictions where in-precinct counting equipment is used,
33 the election authority shall retabulate the total number of
34 votes cast in 5% of the precincts within the election
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1 jurisdiction. The precincts to be retabulated shall be
2 selected after election day on a random basis by the election
3 authority, so that every precinct in the election
4 jurisdiction has an equal mathematical chance of being
5 selected. The State Board of Elections shall design a
6 standard and scientific random method of selecting the
7 precincts which are to be retabulated, and the election
8 authority shall be required to use that method. The State
9 Board of Elections, the State's Attorney and other
10 appropriate law enforcement agencies, the county chairman of
11 each established political party and qualified civic
12 organizations shall be given prior written notice of the time
13 and place of the random selection procedure and may be
14 represented at the procedure. The retabulation shall consist
15 of counting the ballots which were originally counted and
16 shall not involve any determination of which ballots were, in
17 fact, properly counted. The ballots from the precincts
18 selected for the retabulation shall remain at all times under
19 the custody and control of the election authority and shall
20 be transported and retabulated by the designated staff of the
21 election authority.
22 As part of the retabulation, the election authority shall
23 test the computer program in the selected precincts. The
24 test shall be conducted by processing a preaudited group of
25 ballots marked to record a predetermined number of valid
26 votes for each candidate and on each public question, and
27 shall include for each office one or more ballots which have
28 votes in excess of the number allowed by law to test the
29 ability of the equipment to reject such votes. If any error
30 is detected, the cause shall be determined and corrected, and
31 an errorless count shall be made prior to the official
32 canvass and proclamation of election results.
33 The State Board of Elections, the State's Attorney and
34 other appropriate law enforcement agencies, the county
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1 chairman of each established political party and qualified
2 civic organizations shall be given prior written notice of
3 the time and place of the retabulation and may be represented
4 at the retabulation.
5 The results of this retabulation shall be treated in the
6 same manner and have the same effect as the results of the
7 discovery procedures set forth in Section 22-9.1 of this
8 Code. Upon completion of the retabulation, the election
9 authority shall print a comparison of the results of the
10 retabulation with the original precinct return printed by the
11 automatic tabulating equipment. The comparison shall be done
12 for each precinct and for each office voted upon within that
13 precinct, and the comparisons shall be open to the public.
14 Upon completion of the retabulation, the returns shall be
15 open to the public.
16 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
17 (10 ILCS 5/24B-16)
18 Sec. 24B-16. Approval of Precinct Tabulation Optical
19 Scan Technology Voting Systems; Requisites. The State Board
20 of Elections shall approve all Precinct Tabulation Optical
21 Scan Technology voting systems provided by this Article.
22 No Precinct Tabulation Optical Scan Technology voting
23 system shall be approved unless it fulfills the following
24 requirements:
25 (a) It enables a voter to vote in absolute secrecy;
26 (b) (Blank);
27 (c) It enables a voter to vote a ticket selected in
28 part from the nominees of one party, and in part from the
29 nominees of any or all parties, and in part from
30 independent candidates, and in part of candidates whose
31 names are written in by the voter;
32 (c-5) It enables a voter to cast a "none of the
33 above" vote for the Offices of Governor and Lieutenant
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1 Governor, Attorney General, Secretary of State,
2 Treasurer, Comptroller, State Senator, and State
3 Representative;
4 (d) It enables a voter to vote a written or printed
5 ticket of his or her own selection for any person for any
6 office for whom he or she may desire to vote;
7 (e) It will reject all votes for an office or upon
8 a proposition when the voter has cast more votes for the
9 office or upon the proposition than he or she is entitled
10 to cast; and
11 (f) It will accommodate all propositions to be
12 submitted to the voters in the form provided by law or,
13 where no form is provided, then in brief form, not to
14 exceed 75 words.
15 The State Board of Elections is authorized to withdraw
16 its approval of a Precinct Tabulation Optical Scan Technology
17 voting system if the system fails to fulfill the above
18 requirements.
19 No vendor, person or other entity may sell, lease or loan
20 a voting system or Precinct Tabulation Optical Scan
21 Technology voting system component to any election
22 jurisdiction unless the voting system or voting system
23 component is first approved by the State Board of Elections
24 pursuant to this Section.
25 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.