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91_HB2981
LRB9108560JMmb
1 AN ACT to amend the Election Code.
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 7-5, 7-51, 12-1, 17-1, 17-16, 17-21, 18-2, 19-8,
6 19-13, 24A-10, and 24B-10 as follows:
7 (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
8 Sec. 7-5. (a) Primary elections shall be held on the
9 dates prescribed in Article 2A.
10 (b) Notwithstanding the provisions of any other statute,
11 no primary shall be held for an established political party
12 in any township, municipality, or ward thereof, where the
13 nomination of such party for every office to be voted upon by
14 the electors of such township, municipality, or ward thereof,
15 is uncontested. Whenever a political party's nomination of
16 candidates is uncontested as to one or more, but not all, of
17 the offices to be voted upon by the electors of a township,
18 municipality, or ward thereof, then a primary shall be held
19 for that party in such township, municipality, or ward
20 thereof; provided that the primary ballot shall not include
21 those offices within such township, municipality, or ward
22 thereof, for which the nomination is uncontested. For
23 purposes of this Article, the nomination of an established
24 political party of a candidate for election to an office
25 shall be deemed to be uncontested where not more than the
26 number of persons to be nominated have timely filed valid
27 nomination papers seeking the nomination of such party for
28 election to such office.
29 (c) Notwithstanding the provisions of any other statute,
30 no primary election shall be held for an established
31 political party for any special primary election called for
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1 the purpose of filling a vacancy in the office of
2 representative in the United States Congress where the
3 nomination of such political party for said office is
4 uncontested. For the purposes of this Article, the
5 nomination of an established political party of a candidate
6 for election to said office shall be deemed to be uncontested
7 where not more than the number of persons to be nominated
8 have timely filed valid nomination papers seeking the
9 nomination of such established party for election to said
10 office. This subsection (c) shall not apply if such primary
11 election is conducted on a regularly scheduled election day.
12 (d) Notwithstanding the provisions in subsection (b) and
13 (c) of this Section whenever a person who has not timely
14 filed valid nomination papers and who intends to become a
15 write-in candidate for a political party's nomination for any
16 office for which the nomination is uncontested files a
17 written statement or notice of that intent with the State
18 Board of Elections or the local election official with whom
19 nomination papers for such office are filed, a primary ballot
20 shall be prepared and a primary shall be held for that
21 office. Such statement or notice shall be filed on or before
22 the date established in this Article for certifying
23 candidates for the primary ballot. Such statement or notice
24 shall contain (i) the name and address of the person
25 intending to become a write-in candidate, (ii) a statement
26 that the person is a qualified primary elector of the
27 political party from whom the nomination is sought, (iii) a
28 statement that the person intends to become a write-in
29 candidate for the party's nomination, and (iv) the office the
30 person is seeking as a write-in candidate. An election
31 authority shall have no duty to conduct a primary and prepare
32 a primary ballot for any office for which the nomination is
33 uncontested, unless a statement or notice meeting the
34 requirements of this Section is filed in a timely manner.
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1 (e) The polls shall be open from 6:00 a.m. to 9:00 7:00
2 p.m.
3 (Source: P.A. 86-873.)
4 (10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
5 Sec. 7-51. If the primary elector marks more names upon
6 the primary ballot than there are persons to be nominated as
7 candidates for an office, or for State central committeemen,
8 or precinct committeemen, or township committeemen, or ward
9 committeemen, or delegates or alternate delegates to National
10 nominating conventions, or if for any reason it is impossible
11 to determine the primary elector's choice of a candidate for
12 the nomination for an office, or committeeman, or delegate,
13 his primary ballot shall not be counted for the nomination
14 for such office or committeeman.
15 No primary ballot, without the endorsement of the judge's
16 initials thereon, shall be counted.
17 No judge shall omit to endorse his initials on a primary
18 ballot, as required by this Article, nor shall any person not
19 authorized so to do initial a primary ballot knowing that he
20 is not so authorized.
21 Primary ballots not counted shall be marked "defective"
22 on the back thereof; and primary ballots to which objections
23 have been made by either of the primary judges or challengers
24 shall be marked "objected to" on the back thereof; and a
25 memorandum, signed by the primary judges, stating how it was
26 counted, shall be written on the back of each primary ballot
27 so marked; and all primary ballots marked "defective" or
28 "objected to" shall be enclosed in an envelope and securely
29 sealed, and so marked and endorsed as to clearly disclose its
30 contents. The envelope to be used for enclosing ballots
31 marked "defective" or "objected to" shall bear upon its face,
32 in not less than 1 1/2 inch type, the legend: "This envelope
33 is for use after 9:00 6:00 P.M. only." The envelope to be
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1 used for enclosing ballots spoiled by voters while attempting
2 to vote shall bear upon its face, in not less than 1 1/2 inch
3 type, the legend: "This envelope is for use before 9:00 6:00
4 P.M. only."
5 All primary ballots not voted, and all that have been
6 spoiled by voters while attempting to vote, shall be returned
7 to the proper election authority by the primary judges, and a
8 receipt taken therefor, and shall be preserved 2 months. Such
9 official shall keep a record of the number of primary ballots
10 delivered for each polling place, and he or they shall also
11 enter upon such record the number and character of primary
12 ballots returned, with the time when and the persons by whom
13 they are returned.
14 (Source: P.A. 80-1469.)
15 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
16 Sec. 12-1. At least 60 days prior to each general and
17 consolidated election, the election authority shall provide
18 public notice, calculated to reach elderly and handicapped
19 voters, of the availability of registration and voting aids
20 under the Federal Voting Accessibility for the Elderly and
21 Handicapped Act, of the availability of assistance in marking
22 the ballot, and procedures for voting by absentee ballot.
23 At least 30 days before any general election, and at
24 least 20 days before any special congressional election, the
25 county clerk shall publish a notice of the election in 2 or
26 more newspapers published in the county, city, village,
27 incorporated town or town, as the case may be, or if there is
28 no such newspaper, then in any 2 or more newspapers published
29 in the county and having a general circulation throughout the
30 community. The notice may be substantially as follows:
31 Notice is hereby given that on (give date), at (give the
32 place of holding the election and the name of the precinct or
33 district) in the county of (name county), an election will be
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1 held for (give the title of the several offices to be
2 filled), which election will be open at 6:00 a.m. and
3 continued open until 9:00 7:00 p.m. of that day.
4 Dated at .... on (insert date).
5 (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)
6 (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
7 Sec. 17-1. The polls shall be opened at the hour of 6:00
8 a.m. and continued open until 9:00 7:00 p.m. of the same
9 day, at which time the polls shall be closed; but if the
10 judges shall not attend at the hour of six o'clock in the
11 morning, or if it shall be necessary for the electors present
12 to appoint judges to conduct the election, as herein
13 prescribed, the polls may, in that case, be opened at any
14 hour before the time for closing the same shall arrive, as
15 the case may require.
16 (Source: P.A. 81-850; 81-1149.)
17 (10 ILCS 5/17-16) (from Ch. 46, par. 17-16)
18 Sec. 17-16. If the voter marks more candidates than
19 there are persons to be elected to an office, or if for any
20 reason it is impossible to determine the voter's choice for
21 any office to be filled, his ballot shall not be counted for
22 such office, provided that if the name of a candidate appears
23 in more than one column on the ballot as authorized by this
24 Act, and a ballot has been marked in his or her favor in more
25 than one column and the voter's intention is otherwise
26 ascertainable, the candidate shall receive only one vote from
27 such ballot and the remaining votes cast for him or her on
28 such ballot shall not be counted. No ballot without the
29 official endorsement shall be deposited in the ballot box,
30 and none but ballots provided in accordance with the
31 provisions of this Act shall be counted. Ballots not counted
32 shall be marked "defective" on the back thereof, and ballots
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1 to which objection has been made by either of the judges or
2 challengers shall be marked "objected to" on the back
3 thereof, and a memorandum signed by the judges stating how it
4 was counted shall be written upon the back of each ballot so
5 marked, and all ballots marked defective or objected to shall
6 be enclosed in an envelope securely sealed and so marked and
7 endorsed as to clearly disclose its contents. The envelope to
8 be used for enclosing ballots marked "defective" or "objected
9 to" shall bear upon its face, in large type, the legend:
10 "This envelope is for use after 9:00 7:00 P.M. only." The
11 envelope to be used for enclosing ballots spoiled by voters
12 while attempting to vote shall bear upon its face, in large
13 type, the legend: "This envelope is for use before 9:00 7:00
14 P.M. only." All ballots not voted, and all that have been
15 spoiled by voters while attempting to vote, shall be returned
16 by the judges of election to the county clerk and a receipt
17 taken therefor, and shall be preserved 2 months; the county
18 clerk shall keep a record of the number of ballots delivered
19 for each polling place, the name of the person to whom and
20 the time when delivered, and he shall also enter upon such
21 record the number and character of ballots returned, with the
22 time when and the person by whom they are returned.
23 (Source: P.A. 84-861.)
24 (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
25 Sec. 17-21. When the votes shall have been examined and
26 counted, the judges shall set down on a sheet or return form
27 to be supplied to them, the name of every person voted for,
28 written or printed at full length, the office for which such
29 person received such votes, and the number he did receive and
30 such additional information as is necessary to complete, as
31 nearly as circumstances will admit, the following form,
32 to-wit:
33 TALLY SHEET AND CERTIFICATE OF
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1 RESULTS
2 We do hereby certify that at the .... election held in
3 the precinct hereinafter (general or special) specified on
4 the .... day of ...., in the year of our Lord, one thousand
5 nine hundred and ...., a total of .... voters requested and
6 received ballots and we do further certify:
7 Number of blank ballots delivered to us ....
8 Number of absentee ballots delivered to us ....
9 Total number of ballots delivered to us ....
10 Number of blank and spoiled ballots returned.
11 (1) Total number of ballots cast (in box)....
12 .... Defective and Objected To ballots sealed in envelope
13 (2) .... Total number of ballots cast (in box)
14 Line (2) equals line (1)
15 We further certify that each of the candidates for
16 representative in the General Assembly received the number of
17 votes ascribed to him on the separate tally sheet.
18 We further certify that each candidate received the
19 number of votes set forth opposite his name or in the box
20 containing his name on the tally sheet contained in the page
21 or pages immediately following our signatures.
22 The undersigned actually served as judges and counted the
23 ballots at the election on the .... day of .... in the ....
24 precinct of the (1) *township of ...., or (2) *City of ....,
25 or (3) *.... ward in the city of .... and the polls were
26 opened at 6:00 A.M. and closed at 9:00 7:00 P.M. Certified by
27 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 (Source: P.A. 89-700, eff. 1-17-97.)
22 (10 ILCS 5/18-2) (from Ch. 46, par. 18-2)
23 Sec. 18-2. In any municipality operating under Article 6
24 of this Act, the election polls shall be open at 6:00 a.m.,
25 and continued open until 9:00 7:00 p.m., of the same day, at
26 which time the polls shall be closed, and no judge shall be
27 behind time for more than 15 minutes after the time for
28 opening such polls. Any judge may absent himself for a
29 reasonable time but only during the casting of ballots, and
30 upon leaving and returning, the judge shall sign a time sheet
31 indicating the period of his absence. When absent for any
32 cause, the judge shall authorize some one of the same
33 political party with himself to act for him until his return.
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1 (Source: P.A. 81-850; 81-1149.)
2 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
3 Sec. 19-8. In case an absent voter's ballot is received
4 by the election authority prior to the delivery of the
5 official ballots to the judges of election of the precinct in
6 which said elector resides, such ballot envelope and
7 application, sealed in the carrier envelope, shall be
8 enclosed in such package and therewith delivered to the
9 judges of such precinct. In case the official ballots for
10 such precinct have been delivered to the judges of election
11 at the time of the receipt by the election authority of such
12 absent voter's ballot, such authority shall immediately
13 enclose said envelope containing the absent voter's ballot,
14 together with his application therefor, in a larger or
15 carrier envelope which shall be securely sealed and addressed
16 on the face to the judges of election, giving the name or
17 number of precinct, street and number of polling place, city
18 or town in which such absent voter is a qualified elector,
19 and the words "This envelope contains an absent voter's
20 ballot and must be opened only on election day at the polls
21 immediately after the polls are closed," mailing the same,
22 postage prepaid, to such judges of election, or if more
23 convenient, such officer may deliver such absent voter's
24 ballot to the judges of election in person or by duly
25 deputized agent, said officer to secure his receipt for
26 delivery of such ballot or ballots. Absent voters' ballots
27 returned by absentee voters to the election authority after
28 the closing of the polls on an election day shall be endorsed
29 by the election authority receiving the same with the day and
30 hour of receipt and shall be safely kept unopened by such
31 election authority for the period of time required for the
32 preservation of ballots used at such election, and shall
33 then, without being opened, be destroyed in like manner as
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1 the used ballots of such election.
2 All absent voters' ballots received by the election
3 authority after 12:00 noon on election day or too late for
4 delivery to the proper polling place before the closing of
5 the polls on election day, and Special Write-In Absentee
6 Voter's Blank Ballots, except ballots returned by mail
7 postmarked after midnight preceding the opening of the polls
8 on election day, shall be endorsed by the election authority
9 receiving the same with the day and hour of receipt and shall
10 be counted in the office of the election authority on the day
11 of the election after 9:00 7:00 p.m. All absent voters'
12 ballots delivered in error to the wrong precinct polling
13 place shall be returned to the election authority and counted
14 under this provision; however, all absentee ballots received
15 by the election authority by the close of absentee voting in
16 the office of the election authority on the day preceding the
17 day of election shall be delivered to the proper precinct
18 polling places in time to be counted by the judges of
19 election.
20 Such counting shall commence no later than 10:00 8:00
21 p.m. and shall be conducted by a panel or panels of election
22 judges appointed in the manner provided by law. Such counting
23 shall continue until all absent voters' ballots received as
24 aforesaid have been counted.
25 The procedures set forth in Section 19-9 of this Act and
26 Articles 17 and 18 of this Code, shall apply to all absent
27 voters' ballots counted under this provision, including
28 comparing the signature on the ballot envelope with the
29 signature of the voter on the permanent voter registration
30 record card taken from the master file; except that votes
31 shall be recorded without regard to precinct designation,
32 except for precinct offices.
33 (Source: P.A. 91-357, eff. 7-29-99.)
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1 (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
2 Sec. 19-13. Any qualified voter who has been admitted to
3 a hospital due to an illness or physical injury not more than
4 5 days before an election shall be entitled to personal
5 delivery of an absentee ballot in the hospital subject to the
6 following conditions:
7 (1) The voter completes the Application for Physically
8 Incapacitated Elector as provided in Section 19-3, stating as
9 reasons therein that he is a patient in ............... (name
10 of hospital), ............... located at, ...............
11 (address of hospital), ............... (county,
12 city/village), was hospitalized for ............... (nature
13 of illness or physical injury), on ............... (date of
14 admission), and does not expect to be released from the
15 hospital on or before the day of election.
16 (2) The voter's physician completes a Certificate of
17 Attending Physician in a form substantially as follows:
18 CERTIFICATE OF ATTENDING PHYSICIAN
19 I state that I am a physician, duly licensed to practice
20 in the State of .........; that .......... is a patient in
21 .......... (name of hospital), located at .............
22 (address of hospital), ................. (county,
23 city/village); that such individual was hospitalized for
24 ............. (nature of illness or physical injury), on
25 ............ (date of admission); and that I have examined
26 such individual in the State in which I am licensed to
27 practice medicine and do not expect such individual to be
28 released from the hospital on or before the day of election.
29 Under penalties as provided by law pursuant to Section
30 29-10 of The Election Code, the undersigned certifies that
31 the statements set forth in this certification are true and
32 correct.
33 (Signature) ...............
34 (Date licensed) ............
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1 (3) Any person who is registered to vote in the same
2 precinct as the hospitalized voter or any legal relative of
3 the hospitalized voter may present such voter's absentee
4 ballot application, completed as prescribed in paragraph 1,
5 accompanied by the physician's certificate, completed as
6 prescribed in paragraph 2, to the election authority. Such
7 precinct voter or relative shall execute and sign an
8 affidavit furnished by the election authority attesting that
9 he is a registered voter in the same precinct as the
10 hospitalized voter or that he is a legal relative of the
11 hospitalized voter and stating the nature of the
12 relationship. Such precinct voter or relative shall further
13 attest that he has been authorized by the hospitalized voter
14 to obtain his absentee ballot from the election authority and
15 deliver such ballot to him in the hospital.
16 Upon receipt of the hospitalized voter's application,
17 physician's certificate, and the affidavit of the precinct
18 voter or the relative, the election authority shall examine
19 the registration records to determine if the applicant is
20 qualified to vote and, if found to be qualified, shall
21 provide the precinct voter or the relative the absentee
22 ballot for delivery to the applicant in the hospital.
23 Upon receipt of the absentee ballot, the hospitalized
24 voter shall mark the ballot in secret and subscribe to the
25 certifications on the absentee ballot return envelope. After
26 depositing the ballot in the return envelope and securely
27 sealing the envelope, such voter shall give the envelope to
28 the precinct voter or the relative who shall deliver it to
29 the election authority in sufficient time for the ballot to
30 be delivered by the election authority to the proper precinct
31 polling place before 9:00 7 p.m. on election day.
32 Upon receipt of the hospitalized voter's absentee ballot,
33 the ballot shall be counted in the manner prescribed in
34 Section 19-9.
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1 (Source: P.A. 84-808.)
2 (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
3 Sec. 24A-10. (1) In an election jurisdiction which has
4 adopted an electronic voting system, the election official in
5 charge of the election shall select one of the 3 following
6 procedures for receiving, counting, tallying, and return of
7 the ballots:
8 (a) Two ballot boxes shall be provided for each polling
9 place. The first ballot box is for the depositing of votes
10 cast on the electronic voting system; and the second ballot
11 box is for all votes cast on paper ballots, including
12 absentee paper ballots and any other paper ballots required
13 to be voted other than on the electronic voting system.
14 Ballots, except absentee ballots for candidates and
15 propositions which are listed on the electronic voting
16 system, deposited in the second ballot box shall be counted,
17 tallied, and returned as is elsewhere provided in "The
18 Election Code," as amended, for the counting and handling of
19 paper ballots. Immediately after the closing of the polls the
20 absentee ballots delivered to the precinct judges of election
21 by the election official in charge of the election shall be
22 examined to determine that such ballots comply with Sections
23 19--9 and 20--9 of "The Election Code," as amended, and are
24 entitled to be deposited in the ballot box provided therefor;
25 those entitled to be deposited in this ballot box shall be
26 initialed by the precinct judges of election and deposited
27 therein. Those not entitled to be deposited in this ballot
28 box shall be marked "Rejected" and disposed of as provided in
29 Sections 19--9 and 20--9. The precinct judges of election
30 shall then open the second ballot box and examine all paper
31 absentee ballots which are in the ballot box to determine
32 whether the absentee ballots bear the initials of a precinct
33 judge of election. If any absentee ballot is not so
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1 initialed, it shall be marked on the back "Defective,"
2 initialed as to such label by all judges immediately under
3 such word "Defective," and not counted, but placed in the
4 envelope provided for that purpose labeled "Defective Ballots
5 Envelope." The judges of election, consisting in each case of
6 at least one judge of election of each of the two major
7 political parties, shall examine the paper absentee ballots
8 which were in such ballot box and properly initialed so as to
9 determine whether the same contain write-in votes. Write-in
10 votes, not causing an overvote for an office otherwise voted
11 for on the paper absentee ballot, and otherwise properly
12 voted, shall be counted, tallied and recorded on the tally
13 sheet provided for such record. A write-in vote causing an
14 overvote for an office shall not be counted for that office,
15 but the precinct judges shall mark such paper absentee ballot
16 "Objected To" on the back thereof and write on its back the
17 manner in which such ballot is counted and initial the same.
18 An overvote for one office shall invalidate only the vote or
19 count of that particular office. After counting, tallying and
20 recording the write-in votes on absentee ballots, the judges
21 of election, consisting in each case of at least one judge of
22 election of each of the two major political parties, shall
23 make a true duplicate ballot of the remaining valid votes on
24 each paper absentee ballot which was in the ballot box and
25 properly initialed, by using the electronic voting system
26 used in the precinct and one of the marking devices of the
27 precinct so as to transfer the remaining valid votes of the
28 voter on the paper absentee ballot to an official ballot or a
29 ballot card of that kind used in the precinct at that
30 election. The original paper absentee ballot shall be clearly
31 labeled "Absentee Ballot" and the ballot card so produced
32 "Duplicate Absentee Ballot," and each shall bear the same
33 serial number which shall be placed thereon by the judges of
34 election, commencing with number 1 and continuing
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1 consecutively for the ballots of that kind in that precinct.
2 The judges of election shall initial the "Duplicate Absentee
3 Ballot" ballots or ballot cards and shall place them in the
4 first ballot box provided for return of the ballots to be
5 counted at the central counting location in lieu of the paper
6 absentee ballots. The paper absentee ballots shall be placed
7 in an envelope provided for that purpose labeled "Duplicate
8 Ballots."
9 As soon as the absentee ballots have been deposited in
10 the first ballot box, the judges of election shall make out a
11 slip indicating the number of persons who voted in the
12 precinct at the election. Such slip shall be signed by all
13 the judges of election and shall be inserted by them in the
14 first ballot box. The judges of election shall thereupon
15 immediately lock the first ballot box; provided, that if such
16 box is not of a type which may be securely locked, such box
17 shall be sealed with filament tape provided for such purpose
18 which shall be wrapped around the box lengthwise and
19 crosswise, at least twice each way, and in such manner that
20 the seal completely covers the slot in the ballot box, and
21 each of the judges shall sign such seal. Thereupon two of the
22 judges of election, of different political parties, shall
23 forthwith and by the most direct route transport both ballot
24 boxes to the counting location designated by the county clerk
25 or board of election commissioners.
26 Before the ballots of a precinct are fed to the
27 electronic tabulating equipment, the first ballot box shall
28 be opened at the central counting station by the two precinct
29 transport judges. Upon opening a ballot box, such team shall
30 first count the number of ballots in the box. If 2 or more
31 are folded together so as to appear to have been cast by the
32 same person, all of the ballots so folded together shall be
33 marked and returned with the other ballots in the same
34 condition, as near as may be, in which they were found when
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1 first opened, but shall not be counted. If the remaining
2 ballots are found to exceed the number of persons voting in
3 the precinct as shown by the slip signed by the judges of
4 election, the ballots shall be replaced in the box, and the
5 box closed and well shaken and again opened and one of the
6 precinct transport judges shall publicly draw out so many
7 ballots unopened as are equal to such excess.
8 Such excess ballots shall be marked "Excess-Not Counted"
9 and signed by the two precinct transport judges and shall be
10 placed in the "After 9:00 7:00 p.m. Defective Ballots
11 Envelope". The number of excess ballots shall be noted in
12 the remarks section of the Certificate of Results. "Excess"
13 ballots shall not be counted in the total of "defective"
14 ballots.
15 The precinct transport judges shall then examine the
16 remaining ballots for write-in votes and shall count and
17 tabulate the write-in vote; or
18 (b) A single ballot box, for the deposit of all votes
19 cast, shall be used. All ballots which are not to be
20 tabulated on the electronic voting system shall be counted,
21 tallied, and returned as elsewhere provided in "The Election
22 Code," as amended, for the counting and handling of paper
23 ballots.
24 All ballots to be processed and tabulated with the
25 electronic voting system shall be processed as follows:
26 Immediately after the closing of the polls the absentee
27 ballots delivered to the precinct judges of election by the
28 election official in charge of the election shall be examined
29 to determine that such ballots comply with Sections 19--9 and
30 20--9 of "The Election Code," as amended, and are entitled to
31 be deposited in the ballot box; those entitled to be
32 deposited in the ballot box shall be initialed by the
33 precinct judges of election and deposited in the ballot box.
34 Those not entitled to be deposited in the ballot box shall be
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1 marked "Rejected" and disposed of as provided in said
2 Sections 19--9 and 20--9. The precinct judges of election
3 then shall open the ballot box and canvass the votes polled
4 to determine that the number of ballots therein agree with
5 the number of voters voting as shown by the applications for
6 ballot or if the same do not agree the judges of election
7 shall make such ballots agree with the applications for
8 ballot in the manner provided by Section 17--18 of "The
9 Election Code." The judges of election shall then examine all
10 paper absentee ballots, ballot cards and ballot card
11 envelopes which are in the ballot box to determine whether
12 the paper ballots, ballot cards and ballot card envelopes
13 bear the initials of a precinct judge of election. If any
14 paper ballot, ballot card or ballot card envelope is not
15 initialed, it shall be marked on the back "Defective,"
16 initialed as to such label by all judges immediately under
17 such word "Defective," and not counted, but placed in the
18 envelope provided for that purpose labeled "Defective Ballots
19 Envelope." The judges of election, consisting in each case of
20 at least one judge of election of each of the two major
21 political parties, shall examine the paper absentee ballots
22 which were in the ballot box and properly initialed so as to
23 determine whether the same contain write-in votes. Write-in
24 votes, not causing an overvote for an office otherwise voted
25 for on the paper absentee ballot, and otherwise properly
26 voted, shall be counted, tallied and recorded on the tally
27 sheet provided for such record. A write-in vote causing an
28 overvote for an office shall not be counted for that office,
29 but the precinct judges shall mark such paper absentee ballot
30 "Objected To" on the back thereof and write on its back the
31 manner in which such ballot is counted and initial the same.
32 An overvote for one office shall invalidate only the vote or
33 count of that particular office. After counting, tallying and
34 recording the write-in votes on absentee ballots, the judges
-18- LRB9108560JMmb
1 of election, consisting in each case of at least one judge of
2 election of each of the two major political parties, shall
3 make a true duplicate ballot of the remaining valid votes on
4 each paper absentee ballot which was in the ballot box and
5 properly initialed, by using the electronic voting system
6 used in the precinct and one of the marking devices of the
7 precinct so as to transfer the remaining valid votes of the
8 voter on the paper absentee ballot to an official ballot or a
9 ballot card of that kind used in the precinct at that
10 election. The original paper absentee ballot shall be clearly
11 labeled "Absentee Ballot" and the ballot card so produced
12 "Duplicate Absentee Ballot," and each shall bear the same
13 serial number which shall be placed thereon by the judges of
14 election, commencing with number 1 and continuing
15 consecutively for the ballots of that kind in that precinct.
16 The judges of election shall initial the "Duplicate Absentee
17 Ballot" ballots or ballot cards, and shall place them in the
18 box for return of the ballots with all other ballots or
19 ballot cards to be counted at the central counting location
20 in lieu of the paper absentee ballots. The paper absentee
21 ballots shall be placed in an envelope provided for that
22 purpose labeled "Duplicate Ballots."
23 When an electronic voting system is used which utilizes a
24 ballot card, before separating the remaining ballot cards
25 from their respective covering envelopes, the judges of
26 election shall examine the ballot card envelopes for write-in
27 votes. When the voter has voted a write-in vote, the judges
28 of election shall compare the write-in vote with the votes on
29 the ballot card to determine whether such write-in results in
30 an overvote for any office. In case of an overvote for any
31 office, the judges of election, consisting in each case of at
32 least one judge of election of each of the two major
33 political parties, shall make a true duplicate ballot of all
34 votes on such ballot card except for the office which is
-19- LRB9108560JMmb
1 overvoted, by using the ballot label booklet of the precinct
2 and one of the marking devices of the precinct so as to
3 transfer all votes of the voter except for the office
4 overvoted, to an official ballot card of that kind used in
5 the precinct at that election. The original ballot card and
6 envelope upon which there is an overvote shall be clearly
7 labeled "Overvoted Ballot", and each shall bear the same
8 serial number which shall be placed thereon by the judges of
9 election, commencing with number 1 and continuing
10 consecutively for the ballots of that kind in that precinct.
11 The judges of election shall initial the "Duplicate Overvoted
12 Ballot" ballot cards and shall place them in the box for
13 return of the ballots. The "Overvoted Ballot" ballots and
14 their envelopes shall be placed in the "Duplicate Ballots"
15 envelope. Envelopes bearing write-in votes marked in the
16 place designated therefor and bearing the initials of a
17 precinct judge of election and not resulting in an overvote
18 and otherwise complying with the election laws as to marking
19 shall be counted, tallied, and their votes recorded on a
20 tally sheet provided by the election official in charge of
21 the election. The ballot cards and ballot card envelopes
22 shall be separated and all except any defective or overvoted
23 shall be placed separately in the box for return of the
24 ballots, along with all "Duplicate Absentee Ballots," and
25 "Duplicate Overvoted Ballots." The judges of election shall
26 examine the ballots and ballot cards to determine if any is
27 damaged or defective so that it cannot be counted by the
28 automatic tabulating equipment. If any ballot or ballot card
29 is damaged or defective so that it cannot properly be counted
30 by the automatic tabulating equipment, the judges of
31 election, consisting in each case of at least one judge of
32 election of each of the two major political parties, shall
33 make a true duplicate ballot of all votes on such ballot card
34 by using the ballot label booklet of the precinct and one of
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1 the marking devices of the precinct. The original ballot or
2 ballot card and envelope shall be clearly labeled "Damaged
3 Ballot" and the ballot or ballot card so produced "Duplicate
4 Damaged Ballot," and each shall bear the same number which
5 shall be placed thereon by the judges of election, commencing
6 with number 1 and continuing consecutively for the ballots of
7 that kind in the precinct. The judges of election shall
8 initial the "Duplicate Damaged Ballot" ballot or ballot
9 cards, and shall place them in the box for return of the
10 ballots. The "Damaged Ballot" ballots or ballot cards and
11 their envelopes shall be placed in the "Duplicated Ballots"
12 envelope. A slip indicating the number of voters voting in
13 person, number of absentee votes deposited in the ballot box,
14 and the total number of voters of the precinct who voted at
15 the election shall be made out, signed by all judges of
16 election, and inserted in the box for return of the ballots.
17 The tally sheets recording the write-in votes shall be placed
18 in this box. The judges of election thereupon immediately
19 shall securely lock the ballot box or other suitable box
20 furnished for return of the ballots by the election official
21 in charge of the election; provided that if such box is not
22 of a type which may be securely locked, such box shall be
23 sealed with filament tape provided for such purpose which
24 shall be wrapped around the box lengthwise and crosswise, at
25 least twice each way. A separate adhesive seal label signed
26 by each of the judges of election of the precinct shall be
27 affixed to the box so as to cover any slot therein and to
28 identify the box of the precinct; and if such box is sealed
29 with filament tape as provided herein rather than locked,
30 such tape shall be wrapped around the box as provided herein,
31 but in such manner that the separate adhesive seal label
32 affixed to the box and signed by the judges may not be
33 removed without breaking the filament tape and disturbing the
34 signature of the judges. Thereupon, 2 of the judges of
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1 election, of different major political parties, forthwith
2 shall by the most direct route transport the box for return
3 of the ballots and enclosed ballots and returns to the
4 central counting location designated by the election official
5 in charge of the election. If, however, because of the lack
6 of adequate parking facilities at the central counting
7 location or for any other reason, it is impossible or
8 impracticable for the boxes from all the polling places to be
9 delivered directly to the central counting location, the
10 election official in charge of the election may designate
11 some other location to which the boxes shall be delivered by
12 the 2 precinct judges. While at such other location the boxes
13 shall be in the care and custody of one or more teams, each
14 consisting of 4 persons, 2 from each of the two major
15 political parties, designated for such purpose by the
16 election official in charge of elections from recommendations
17 by the appropriate political party organizations. As soon as
18 possible, the boxes shall be transported from such other
19 location to the central counting location by one or more
20 teams, each consisting of 4 persons, 2 from each of the 2
21 major political parties, designated for such purpose by the
22 election official in charge of elections from recommendations
23 by the appropriate political party organizations.
24 The "Defective Ballots" envelope, and "Duplicated
25 Ballots" envelope each shall be securely sealed and the flap
26 or end thereof of each signed by the precinct judges of
27 election and returned to the central counting location with
28 the box for return of the ballots, enclosed ballots and
29 returns.
30 At the central counting location, a team of tally judges
31 designated by the election official in charge of the election
32 shall check the box returned containing the ballots to
33 determine that all seals are intact, and thereupon shall open
34 the box, check the voters' slip and compare the number of
-22- LRB9108560JMmb
1 ballots so delivered against the total number of voters of
2 the precinct who voted, remove the ballots or ballot cards
3 and deliver them to the technicians operating the automatic
4 tabulating equipment. Any discrepancies between the number
5 of ballots and total number of voters shall be noted on a
6 sheet furnished for that purpose and signed by the tally
7 judges; or
8 (c) A single ballot box, for the deposit of all votes
9 cast, shall be used. Immediately after the closing of the
10 polls the judges of election shall examine the absentee
11 ballots received by the precinct judges of election from the
12 election authority of voters in that precinct to determine
13 that they comply with the provisions of Sections 19-9, 20-8
14 and 20-9 of the Election Code, as amended, and are entitled
15 to be deposited in the ballot box; those entitled to be
16 deposited in the ballot box shall be initialed by the
17 precinct judges and deposited in the ballot box. Those not
18 entitled to be deposited in the ballot box, in accordance
19 with Sections 19-9, 20-8 and 20-9 of the Election Code, as
20 amended, shall be marked "Rejected" and preserved in the
21 manner provided in The Election Code for the retention and
22 preservation of official ballots rejected at such election.
23 Immediately upon the completion of the absentee balloting,
24 the precinct judges of election shall securely lock the
25 ballot box; provided that if such box is not of a type which
26 may be securely locked, such box shall be sealed with
27 filament tape provided for such purpose which shall be
28 wrapped around the box lengthwise and crosswise, at least
29 twice each way. A separate adhesive seal label signed by each
30 of the judges of election of the precinct shall be affixed to
31 the box so as to cover any slot therein and to identify the
32 box of the precinct; and if such box is sealed with filament
33 tape as provided herein rather than locked, such tape shall
34 be wrapped around the box as provided herein, but in such
-23- LRB9108560JMmb
1 manner that the separate adhesive seal label affixed to the
2 box and signed by the judges may not be removed without
3 breaking the filament tape and disturbing the signature of
4 the judges. Thereupon, 2 of the judges of election, of
5 different major political parties, shall forthwith by the
6 most direct route transport the box for return of the ballots
7 and enclosed absentee ballots and returns to the central
8 counting location designated by the election official in
9 charge of the election. If however, because of the lack of
10 adequate parking facilities at the central counting location
11 or for some other reason, it is impossible or impracticable
12 for the boxes from all the polling places to be delivered
13 directly to the central counting location, the election
14 official in charge of the election may designate some other
15 location to which the boxes shall be delivered by the 2
16 precinct judges. While at such other location the boxes
17 shall be in the care and custody of one or more teams, each
18 consisting of 4 persons, 2 from each of the two major
19 political parties, designated for such purpose by the
20 election official in charge of elections from recommendations
21 by the appropriate political party organizations. As soon as
22 possible, the boxes shall be transported from such other
23 location to the central counting location by one or more
24 teams, each consisting of 4 persons, 2 from each of the 2
25 major political parties, designated for such purpose by the
26 election official in charge of the election from
27 recommendations by the appropriate political party
28 organizations.
29 At the central counting location there shall be one or
30 more teams of tally judges who possess the same
31 qualifications as tally judges in election jurisdictions
32 using paper ballots. The number of such teams shall be
33 determined by the election authority. Each team shall
34 consist of 5 tally judges, 3 selected and approved by the
-24- LRB9108560JMmb
1 county board from a certified list furnished by the chairman
2 of the county central committee of the party with the
3 majority of members on the county board and 2 selected and
4 approved by the county board from a certified list furnished
5 by the chairman of the county central committee of the party
6 with the second largest number of members on the county
7 board. At the central counting location a team of tally
8 judges shall open the ballot box and canvass the votes polled
9 to determine that the number of ballot sheets therein agree
10 with the number of voters voting as shown by the applications
11 for ballot and for absentee ballot; and, if the same do not
12 agree, the tally judges shall make such ballots agree with
13 the number of applications for ballot in the manner provided
14 by Section 17-18 of the Election Code. The tally judges
15 shall then examine all ballot sheets which are in the ballot
16 box to determine whether they bear the initials of the
17 precinct judge of election. If any ballot is not initialed,
18 it shall be marked on the back "Defective", initialed as to
19 such label by all tally judges immediately under such word
20 "Defective", and not counted, but placed in the envelope
21 provided for that purpose labeled "Defective Ballots
22 Envelope". Write-in votes, not causing an overvote for an
23 office otherwise voted for on the absentee ballot sheet, and
24 otherwise properly voted, shall be counted, tallied and
25 recorded by the central counting location judges on the tally
26 sheet provided for such record. A write-in vote causing an
27 overvote for an office shall not be counted for that office,
28 but the tally judges shall mark such absentee ballot sheet
29 "Objected To" on the back thereof and write on its back the
30 manner in which such ballot is counted and initial the same.
31 An overvote for one office shall invalidate only the vote or
32 count of that particular office.
33 At the central counting location, a team of tally judges
34 designated by the election official in charge of the election
-25- LRB9108560JMmb
1 shall deliver the ballot sheets to the technicians operating
2 the automatic tabulating equipment. Any discrepancies
3 between the number of ballots and total number of voters
4 shall be noted on a sheet furnished for that purpose and
5 signed by the tally judges.
6 (2) Regardless of which procedure described in
7 subsection (1) of this Section is used, the judges of
8 election designated to transport the ballots, properly signed
9 and sealed as provided herein, shall ensure that the ballots
10 are delivered to the central counting station no later than
11 12 hours after the polls close. At the central counting
12 station a team of tally judges designated by the election
13 official in charge of the election shall examine the ballots
14 so transported and shall not accept ballots for tabulating
15 which are not signed and sealed as provided in subsection (1)
16 of this Section until the judges transporting the same make
17 and sign the necessary corrections. Upon acceptance of the
18 ballots by a team of tally judges at the central counting
19 station, the election judges transporting the same shall take
20 a receipt signed by the election official in charge of the
21 election and stamped with the date and time of acceptance.
22 The election judges whose duty it is to transport any ballots
23 shall, in the event such ballots cannot be found when needed,
24 on proper request, produce the receipt which they are to take
25 as above provided.
26 (Source: P.A. 83-1362.)
27 (10 ILCS 5/24B-10)
28 Sec. 24B-10. Receiving, Counting, Tallying and Return of
29 Ballots; Acceptance of Ballots by Election Authority.
30 (a) In an election jurisdiction which has adopted an
31 electronic Precinct Tabulation Optical Scan Technology voting
32 system, the election official in charge of the election shall
33 select one of the 3 following procedures for receiving,
-26- LRB9108560JMmb
1 counting, tallying, and return of the ballots:
2 (1) Two ballot boxes shall be provided for each
3 polling place. The first ballot box is for the
4 depositing of votes cast on the electronic voting system;
5 and the second ballot box is for all votes cast on other
6 ballots, including absentee paper ballots and any other
7 paper ballots required to be voted other than on the
8 Precinct Tabulation Optical Scan Technology electronic
9 voting system. Ballots, except absentee ballots for
10 candidates and propositions which are listed on the
11 Precinct Tabulation Optical Scan Technology electronic
12 voting system, deposited in the second ballot box shall
13 be counted, tallied, and returned as is elsewhere
14 provided in this Code for the counting and handling of
15 paper ballots. Immediately after the closing of the
16 polls the absentee ballots delivered to the precinct
17 judges of election by the election official in charge of
18 the election shall be examined to determine that the
19 ballots comply with Sections 19-9 and 20-9 of this Code
20 and are entitled to be inserted into the counting
21 equipment and deposited into the ballot box provided;
22 those entitled to be deposited in this ballot box shall
23 be initialed by the precinct judges of election and
24 deposited. Those not entitled to be deposited in this
25 ballot box shall be marked "Rejected" and disposed of as
26 provided in Sections 19-9 and 20-9. The precinct judges
27 of election shall then open the second ballot box and
28 examine all paper absentee ballots which are in the
29 ballot box to determine whether the absentee ballots bear
30 the initials of a precinct judge of election. If any
31 absentee ballot is not so initialed, it shall be marked
32 on the back "Defective", initialed as to the label by all
33 judges immediately under the word "Defective", and not
34 counted, but placed in the envelope provided for that
-27- LRB9108560JMmb
1 purpose labeled "Defective Ballots Envelope". The judges
2 of election, consisting in each case of at least one
3 judge of election of each of the 2 major political
4 parties, shall examine the paper absentee ballots which
5 were in such ballot box and properly initialed to
6 determine whether the same contain write-in votes.
7 Write-in votes, not causing an overvote for an office
8 otherwise voted for on the paper absentee ballot, and
9 otherwise properly voted, shall be counted, tallied and
10 recorded on the tally sheet provided for the record. A
11 write-in vote causing an overvote for an office shall not
12 be counted for that office, but the precinct judges shall
13 mark such paper absentee ballot "Objected To" on the back
14 and write on its back the manner in which the ballot is
15 counted and initial the same. An overvote for one office
16 shall invalidate only the vote or count of that
17 particular office. After counting, tallying and
18 recording the write-in votes on absentee ballots, the
19 judges of election, consisting in each case of at least
20 one judge of election of each of the 2 major political
21 parties, shall make a true duplicate ballot of the
22 remaining valid votes on each paper absentee ballot which
23 was in the ballot box and properly initialed, by using
24 the electronic Precinct Tabulation Optical Scan
25 Technology voting system used in the precinct and one of
26 the marking devices of the precinct to transfer the
27 remaining valid votes of the voter on the paper absentee
28 ballot to an official ballot or a ballot card of that
29 kind used in the precinct at that election. The original
30 paper absentee ballot shall be clearly labeled "Absentee
31 Ballot" and the ballot card so produced "Duplicate
32 Absentee Ballot", and each shall bear the same serial
33 number which shall be placed thereon by the judges of
34 election, beginning with number 1 and continuing
-28- LRB9108560JMmb
1 consecutively for the ballots of that kind in that
2 precinct. The judges of election shall initial the
3 "Duplicate Absentee Ballot" ballots and shall place them
4 in the first ballot box provided for return of the
5 ballots to be counted at the central counting location in
6 lieu of the paper absentee ballots. The paper absentee
7 ballots shall be placed in an envelope provided for that
8 purpose labeled "Duplicate Ballots".
9 As soon as the absentee ballots have been deposited
10 in the first ballot box, the judges of election shall
11 make out a slip indicating the number of persons who
12 voted in the precinct at the election. The slip shall be
13 signed by all the judges of election and shall be
14 inserted by them in the first ballot box. The judges of
15 election shall thereupon immediately lock the first
16 ballot box; provided, that if the box is not of a type
17 which may be securely locked, the box shall be sealed
18 with filament tape provided for the purpose that shall be
19 wrapped around the box lengthwise and crosswise, at least
20 twice each way, and in a manner that the seal completely
21 covers the slot in the ballot box, and each of the judges
22 shall sign the seal. Two of the judges of election, of
23 different political parties, shall by the most direct
24 route transport both ballot boxes to the counting
25 location designated by the county clerk or board of
26 election commissioners.
27 Before the ballots of a precinct are fed to the
28 electronic Precinct Tabulation Optical Scan Technology
29 tabulating equipment, the first ballot box shall be
30 opened at the central counting station by the 2 precinct
31 transport judges. Upon opening a ballot box, the team
32 shall first count the number of ballots in the box. If 2
33 or more are folded together to appear to have been cast
34 by the same person, all of the ballots folded together
-29- LRB9108560JMmb
1 shall be marked and returned with the other ballots in
2 the same condition, as near as may be, in which they were
3 found when first opened, but shall not be counted. If
4 the remaining ballots are found to exceed the number of
5 persons voting in the precinct as shown by the slip
6 signed by the judges of election, the ballots shall be
7 replaced in the box, and the box closed and well shaken
8 and again opened and one of the precinct transport judges
9 shall publicly draw out so many ballots unopened as are
10 equal to the excess.
11 The excess ballots shall be marked "Excess-Not
12 Counted" and signed by the 2 precinct transport judges
13 and shall be placed in the "After 9:00 7:00 p.m.
14 Defective Ballots Envelope". The number of excess
15 ballots shall be noted in the remarks section of the
16 Certificate of Results. "Excess" ballots shall not be
17 counted in the total of "defective" ballots.
18 The precinct transport judges shall then examine the
19 remaining ballots for write-in votes and shall count and
20 tabulate the write-in vote.
21 (2) A single ballot box, for the deposit of all
22 votes cast, shall be used. All ballots which are not to
23 be tabulated on the electronic voting system shall be
24 counted, tallied, and returned as elsewhere provided in
25 this Code for the counting and handling of paper ballots.
26 All ballots to be processed and tabulated with the
27 electronic Precinct Tabulation Optical Scan Technology
28 voting system shall be processed as follows:
29 Immediately after the closing of the polls the
30 absentee ballots delivered to the precinct judges of
31 election by the election official in charge of the
32 election shall be examined to determine that such ballots
33 comply with Sections 19-9 and 20-9 of this Code and are
34 entitled to be deposited in the ballot box; those
-30- LRB9108560JMmb
1 entitled to be deposited in the ballot box shall be
2 initialed by the precinct judges of election and
3 deposited in the ballot box. Those not entitled to be
4 deposited in the ballot box shall be marked "Rejected"
5 and disposed of as provided in Sections 19-9 and 20-9.
6 The precinct judges of election then shall open the
7 ballot box and canvass the votes polled to determine that
8 the number of ballots agree with the number of voters
9 voting as shown by the applications for ballot, or if the
10 same do not agree the judges of election shall make such
11 ballots agree with the applications for ballot in the
12 manner provided by Section 17-18 of this Code. The
13 judges of election shall then examine all paper absentee
14 ballots and ballot envelopes which are in the ballot box
15 to determine whether the ballots and ballot envelopes
16 bear the initials of a precinct judge of election. If
17 any ballot or ballot envelope is not initialed, it shall
18 be marked on the back "Defective", initialed as to the
19 label by all judges immediately under the word
20 "Defective", and not counted, but placed in the envelope
21 provided for that purpose labeled "Defective Ballots
22 Envelope". The judges of election, consisting in each
23 case of at least one judge of election of each of the 2
24 major political parties, shall examine the paper absentee
25 ballots which were in the ballot box and properly
26 initialed to determine whether the same contain write-in
27 votes. Write-in votes, not causing an overvote for an
28 office otherwise voted for on the paper absentee ballot,
29 and otherwise properly voted, shall be counted, tallied
30 and recorded on the tally sheet provided for the record.
31 A write-in vote causing an overvote for an office shall
32 not be counted for that office, but the precinct judges
33 shall mark the paper absentee ballot "Objected To" on the
34 back and write on its back the manner the ballot is
-31- LRB9108560JMmb
1 counted and initial the same. An overvote for one office
2 shall invalidate only the vote or count of that
3 particular office. After counting, tallying and
4 recording the write-in votes on absentee ballots, the
5 judges of election, consisting in each case of at least
6 one judge of election of each of the 2 major political
7 parties, shall make a true duplicate ballot of the
8 remaining valid votes on each paper absentee ballot which
9 was in the ballot box and properly initialed, by using
10 the electronic voting system used in the precinct and one
11 of the marking devices of the precinct to transfer the
12 remaining valid votes of the voter on the paper absentee
13 ballot to an official ballot of that kind used in the
14 precinct at that election. The original paper absentee
15 ballot shall be clearly labeled "Absentee Ballot" and the
16 ballot so produced "Duplicate Absentee Ballot", and each
17 shall bear the same serial number which shall be placed
18 thereon by the judges of election, commencing with number
19 1 and continuing consecutively for the ballots of that
20 kind in that precinct. The judges of election shall
21 initial the "Duplicate Absentee Ballot" ballots and shall
22 place them in the box for return of the ballots with all
23 other ballots to be counted at the central counting
24 location in lieu of the paper absentee ballots. The
25 paper absentee ballots shall be placed in an envelope
26 provided for that purpose labeled "Duplicate Ballots".
27 In case of an overvote for any office, the judges of
28 election, consisting in each case of at least one judge
29 of election of each of the 2 major political parties,
30 shall make a true duplicate ballot of all votes on the
31 ballot except for the office which is overvoted, by using
32 the ballot of the precinct and one of the marking devices
33 of the precinct to transfer all votes of the voter except
34 for the office overvoted, to an official ballot of that
-32- LRB9108560JMmb
1 kind used in the precinct at that election. The original
2 ballot upon which there is an overvote shall be clearly
3 labeled "Overvoted Ballot", and each shall bear the same
4 serial number which shall be placed thereon by the judges
5 of election, beginning with number 1 and continuing
6 consecutively for the ballots of that kind in that
7 precinct. The judges of election shall initial the
8 "Duplicate Overvoted Ballot" ballots and shall place them
9 in the box for return of the ballots. The "Overvoted
10 Ballot" ballots shall be placed in the "Duplicate
11 Ballots" envelope. The ballots except any defective or
12 overvoted ballot shall be placed separately in the box
13 for return of the ballots, along with all "Duplicate
14 Absentee Ballots", and "Duplicate Overvoted Ballots".
15 The judges of election shall examine the ballots to
16 determine if any is damaged or defective so that it
17 cannot be counted by the automatic tabulating equipment.
18 If any ballot is damaged or defective so that it cannot
19 properly be counted by the automatic tabulating
20 equipment, the judges of election, consisting in each
21 case of at least one judge of election of each of the 2
22 major political parties, shall make a true duplicate
23 ballot of all votes on such ballot by using the ballot of
24 the precinct and one of the marking devices of the
25 precinct. The original ballot and ballot envelope shall
26 be clearly labeled "Damaged Ballot" and the ballot so
27 produced "Duplicate Damaged Ballot", and each shall bear
28 the same number which shall be placed thereon by the
29 judges of election, commencing with number 1 and
30 continuing consecutively for the ballots of that kind in
31 the precinct. The judges of election shall initial the
32 "Duplicate Damaged Ballot" ballot and shall place them
33 in the box for return of the ballots. The "Damaged
34 Ballot" ballots shall be placed in the "Duplicated
-33- LRB9108560JMmb
1 Ballots" envelope. A slip indicating the number of
2 voters voting in person, number of absentee votes
3 deposited in the ballot box, and the total number of
4 voters of the precinct who voted at the election shall be
5 made out, signed by all judges of election, and inserted
6 in the box for return of the ballots. The tally sheets
7 recording the write-in votes shall be placed in this box.
8 The judges of election immediately shall securely lock
9 the ballot box or other suitable box furnished for return
10 of the ballots by the election official in charge of the
11 election; provided that if the box is not of a type which
12 may be securely locked, the box shall be sealed with
13 filament tape provided for the purpose which shall be
14 wrapped around the box lengthwise and crosswise, at least
15 twice each way. A separate adhesive seal label signed by
16 each of the judges of election of the precinct shall be
17 affixed to the box to cover any slot therein and to
18 identify the box of the precinct; and if the box is
19 sealed with filament tape as provided rather than locked,
20 such tape shall be wrapped around the box as provided,
21 but in such manner that the separate adhesive seal label
22 affixed to the box and signed by the judges may not be
23 removed without breaking the filament tape and disturbing
24 the signature of the judges. Two of the judges of
25 election, of different major political parties, shall by
26 the most direct route transport the box for return of the
27 ballots and enclosed ballots and returns to the central
28 counting location designated by the election official in
29 charge of the election. If, however, because of the lack
30 of adequate parking facilities at the central counting
31 location or for any other reason, it is impossible or
32 impracticable for the boxes from all the polling places
33 to be delivered directly to the central counting
34 location, the election official in charge of the election
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1 may designate some other location to which the boxes
2 shall be delivered by the 2 precinct judges. While at
3 the other location the boxes shall be in the care and
4 custody of one or more teams, each consisting of 4
5 persons, 2 from each of the 2 major political parties,
6 designated for such purpose by the election official in
7 charge of elections from recommendations by the
8 appropriate political party organizations. As soon as
9 possible, the boxes shall be transported from the other
10 location to the central counting location by one or more
11 teams, each consisting of 4 persons, 2 from each of the 2
12 major political parties, designated for the purpose by
13 the election official in charge of elections from
14 recommendations by the appropriate political party
15 organizations.
16 The "Defective Ballots" envelope, and "Duplicated
17 Ballots" envelope each shall be securely sealed and the
18 flap or end of each envelope signed by the precinct
19 judges of election and returned to the central counting
20 location with the box for return of the ballots, enclosed
21 ballots and returns.
22 At the central counting location, a team of tally
23 judges designated by the election official in charge of
24 the election shall check the box returned containing the
25 ballots to determine that all seals are intact, and shall
26 open the box, check the voters' slip and compare the
27 number of ballots so delivered against the total number
28 of voters of the precinct who voted, remove the ballots
29 and deliver them to the technicians operating the
30 automatic tabulating equipment. Any discrepancies
31 between the number of ballots and total number of voters
32 shall be noted on a sheet furnished for that purpose and
33 signed by the tally judges.
34 (3) A single ballot box, for the deposit of all
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1 votes cast, shall be used. Immediately after the closing
2 of the polls the judges of election shall examine the
3 absentee ballots received by the precinct judges of
4 election from the election authority of voters in that
5 precinct to determine that they comply with the
6 provisions of Sections 19-9, 20-8 and 20-9 of this Code
7 and are entitled to be deposited in the ballot box; those
8 entitled to be deposited in the ballot box shall be
9 initialed by the precinct judges and deposited in the
10 ballot box. Those not entitled to be deposited in the
11 ballot box, in accordance with Sections 19-9, 20-8 and
12 20-9 of this Code shall be marked "Rejected" and
13 preserved in the manner provided in this Code for the
14 retention and preservation of official ballots rejected
15 at such election. Immediately upon the completion of the
16 absentee balloting, the precinct judges of election shall
17 securely lock the ballot box; provided that if such box
18 is not of a type which may be securely locked, the box
19 shall be sealed with filament tape provided for the
20 purpose which shall be wrapped around the box lengthwise
21 and crosswise, at least twice each way. A separate
22 adhesive seal label signed by each of the judges of
23 election of the precinct shall be affixed to the box to
24 cover any slot therein and to identify the box of the
25 precinct; and if the box is sealed with filament tape as
26 provided rather than locked, such tape shall be wrapped
27 around the box as provided, but in a manner that the
28 separate adhesive seal label affixed to the box and
29 signed by the judges may not be removed without breaking
30 the filament tape and disturbing the signature of the
31 judges. Two of the judges of election, of different
32 major political parties, shall by the most direct route
33 transport the box for return of the ballots and enclosed
34 absentee ballots and returns to the central counting
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1 location designated by the election official in charge of
2 the election. If however, because of the lack of
3 adequate parking facilities at the central counting
4 location or for some other reason, it is impossible or
5 impracticable for the boxes from all the polling places
6 to be delivered directly to the central counting
7 location, the election official in charge of the election
8 may designate some other location to which the boxes
9 shall be delivered by the 2 precinct judges. While at
10 the other location the boxes shall be in the care and
11 custody of one or more teams, each consisting of 4
12 persons, 2 from each of the 2 major political parties,
13 designated for the purpose by the election official in
14 charge of elections from recommendations by the
15 appropriate political party organizations. As soon as
16 possible, the boxes shall be transported from the other
17 location to the central counting location by one or more
18 teams, each consisting of 4 persons, 2 from each of the 2
19 major political parties, designated for the purpose by
20 the election official in charge of the election from
21 recommendations by the appropriate political party
22 organizations.
23 At the central counting location there shall be one
24 or more teams of tally judges who possess the same
25 qualifications as tally judges in election jurisdictions
26 using paper ballots. The number of the teams shall be
27 determined by the election authority. Each team shall
28 consist of 5 tally judges, 3 selected and approved by the
29 county board from a certified list furnished by the
30 chairman of the county central committee of the party
31 with the majority of members on the county board and 2
32 selected and approved by the county board from a
33 certified list furnished by the chairman of the county
34 central committee of the party with the second largest
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1 number of members on the county board. At the central
2 counting location a team of tally judges shall open the
3 ballot box and canvass the votes polled to determine that
4 the number of ballot sheets therein agree with the number
5 of voters voting as shown by the applications for ballot
6 and for absentee ballot; and, if the same do not agree,
7 the tally judges shall make such ballots agree with the
8 number of applications for ballot in the manner provided
9 by Section 17-18 of this Code. The tally judges shall
10 then examine all ballot sheets that are in the ballot box
11 to determine whether they bear the initials of the
12 precinct judge of election. If any ballot is not
13 initialed, it shall be marked on the back "Defective",
14 initialed as to that label by all tally judges
15 immediately under the word "Defective", and not counted,
16 but placed in the envelope provided for that purpose
17 labeled "Defective Ballots Envelope". Write-in votes,
18 not causing an overvote for an office otherwise voted for
19 on the absentee ballot sheet, and otherwise properly
20 voted, shall be counted, tallied, and recorded by the
21 central counting location judges on the tally sheet
22 provided for the record. A write-in vote causing an
23 overvote for an office shall not be counted for that
24 office, but the tally judges shall mark the absentee
25 ballot sheet "Objected To" and write the manner in which
26 the ballot is counted on its back and initial the sheet.
27 An overvote for one office shall invalidate only the vote
28 or count for that particular office.
29 At the central counting location, a team of tally
30 judges designated by the election official in charge of
31 the election shall deliver the ballot sheets to the
32 technicians operating the automatic Precinct Tabulation
33 Optical Scan Technology tabulating equipment. Any
34 discrepancies between the number of ballots and total
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1 number of voters shall be noted on a sheet furnished for
2 that purpose and signed by the tally judges.
3 (b) Regardless of which procedure described in
4 subsection (a) of this Section is used, the judges of
5 election designated to transport the ballots properly signed
6 and sealed, shall ensure that the ballots are delivered to
7 the central counting station no later than 12 hours after the
8 polls close. At the central counting station, a team of
9 tally judges designated by the election official in charge of
10 the election shall examine the ballots so transported and
11 shall not accept ballots for tabulating which are not signed
12 and sealed as provided in subsection (a) of this Section
13 until the judges transporting the ballots make and sign the
14 necessary corrections. Upon acceptance of the ballots by a
15 team of tally judges at the central counting station, the
16 election judges transporting the ballots shall take a receipt
17 signed by the election official in charge of the election and
18 stamped with the date and time of acceptance. The election
19 judges whose duty it is to transport any ballots shall, in
20 the event the ballots cannot be found when needed, on proper
21 request, produce the receipt which they are to take as above
22 provided.
23 (Source: P.A. 89-394, eff. 1-1-97.)