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91_HB3871 LRB9111855MWgc 1 AN ACT concerning direct recording electronic voting 2 systems. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by changing 6 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55, 7 7-66, 15-6, 16-11, 17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7, 8 19-8, 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 9 20-7, 20-8, 20-9, and 20-15 and by adding Article 24C as 10 follows: 11 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) 12 Sec. 7-19. Arrangement and printing of primary ballot. 13 The primary ballot of each political party for each precinct 14 shall be arranged and printed substantially in the manner 15 following: 16 1. Designating words. At the top of the ballot shall be 17 printed in large capital letters, words designating the 18 ballot, if a Republican ballot, the designating words shall 19 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the 20 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and 21 in like manner for each political party. 22 2. Order of Names, Directions to Voters, etc. Beginning 23 not less than one inch below designating words, the name of 24 each office to be filled shall be printed in capital letters. 25 Such names may be printed on the ballot either in a single 26 column or in 2 or more columns and in the following order, 27 to-wit: 28 President of the United States, State offices, 29 congressional offices, delegates and alternate delegates to 30 be elected from the State at large to National nominating 31 conventions, delegates and alternate delegates to be elected -2- LRB9111855MWgc 1 from congressional districts to National nominating 2 conventions, member or members of the State central 3 committee, trustees of sanitary districts, county offices, 4 judicial officers, city, village and incorporated town 5 offices, town offices, or of such of the said offices as 6 candidates are to be nominated for at such primary, and 7 precinct, township or ward committeemen. If two or more 8 columns are used, the foregoing offices to and including 9 member of the State central committee shall be listed in the 10 left-hand column and Senatorial offices, as defined in 11 Section 8-3, shall be the first offices listed in the second 12 column. 13 Below the name of each office shall be printed in small 14 letters the directions to voters: "Vote for one"; "Vote for 15 two"; "Vote for three"; or a spelled number designating how 16 many persons under that head are to be voted for. 17 Next to the name of each candidate for delegate or 18 alternate delegate to a national nominating convention shall 19 appear either (a) the name of the candidate's preference for 20 President of the United States or the word "uncommitted" or 21 (b) no official designation, depending upon the action taken 22 by the State central committee pursuant to Section 7-10.3 of 23 this Act. 24 Below the name of each office shall be printed in capital 25 letters the names of all candidates, arranged in the order in 26 which their petitions for nominations were filed, except as 27 otherwise provided in Sections 7-14 and 7-17 of this Article. 28 Opposite and in front of the name of each candidate shall be 29 printed a square and all squares upon the primary ballot 30 shall be of uniform size. Spaces between the names of 31 candidates under each office shall be uniform and sufficient 32 spaces shall separate the names of candidates for one office 33 from the names of candidates for another office, to avoid 34 confusion and to permit the writing in of the names of other -3- LRB9111855MWgc 1 candidates. 2 Where voting machines,orelectronic voting systems, or 3 Direct Recording Electronic Voting Systems are used, the 4 provisions of this ArticleSectionmay be modified as 5 required or authorized by Article 24,orArticle 24A, or 6 Article 24C, whichever is applicable. 7 (Source: P.A. 83-33.) 8 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46) 9 Sec. 7-46. Voting of ballot; writing in names. On 10 receiving from the primary judges a primary ballot of his 11 party, the primary elector shall forthwith and without 12 leaving the polling place, retire alone to one of the voting 13 booths and prepare such primary ballot by marking a cross (X) 14 in the square in front of and opposite the name of each 15 candidate of his choice for each office to be filled, and for 16 delegates and alternate delegates to national nominating 17 conventions, and for committeemen, if committeemen are being 18 elected at such primary. 19 Any primary elector may, instead of voting for any 20 candidate for nomination or for committeeman or for delegate 21 or alternate delegate to national nominating conventions, 22 whose name is printed on the primary ballot, write in the 23 name of any other person affiliated with such party as a 24 candidate for the nomination for any office, or for 25 committeeman, or for delegates or alternate delegates to 26 national nominating conventions, and indicate his choice of 27 such candidate or committeeman or delegate or alternate 28 delegate, by placing to the left of and opposite the name 29 thus written a square and placing in the square a cross (X). 30 Where voting machines,orelectronic voting systems, or 31 Direct Recording Electronic Voting Systems are used, the 32 provisions of this Articlesectionmay be modified as 33 required or authorized by Article 24,orArticle 24A, or -4- LRB9111855MWgc 1 Article 24C, whichever is applicable. 2 (Source: Laws 1965, p. 2220.) 3 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47) 4 Sec. 7-47. Folding and delivery of ballot; entry in poll 5 book. Before leaving the booth, the primary elector shall 6 fold his primary ballot in such manner as to conceal the 7 marks thereon. Such voter shall then vote forthwith by 8 handing the primary judge the primary ballot received by such 9 voter. Thereupon the primary judge shall deposit such primary 10 ballot in the ballot box. One of the judges shall thereupon 11 enter in the primary poll book the name of the primary 12 elector, his residence and his party affiliation or shall 13 make the entries on the official poll record as required by 14 articles 4, 5 and 6, if any one of them is applicable. 15 Where voting machines,orelectronic voting systems, or 16 Direct Recording Electronic Voting Systems are used, the 17 provisions of this Articlesectionmay be modified as 18 required or authorized by Article 24,orArticle 24A, or 19 Article 24C, whichever is applicable. 20 (Source: Laws 1965, p. 2220.) 21 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49) 22 Sec. 7-49. No adjournment or recess after opening of 23 polls. After the opening of the polls at a primary no 24 adjournment shall be had nor recess taken until the canvass 25 of all the votes is completed and the returns carefully 26 enveloped and sealed. 27 Where voting machines,orelectronic voting systems, or 28 Direct Recording Electronic Voting Systems are used, the 29 provisions of this Articlesectionmay be modified as 30 required or authorized by Article 24,orArticle 24A, or 31 Article 24C, whichever is applicable. 32 (Source: Laws 1965, p. 2220.) -5- LRB9111855MWgc 1 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52) 2 Sec. 7-52. Precinct canvass of votes. Immediately upon 3 closing the polls, the primary judges shall proceed to 4 canvass the votes in the manner following: 5 (1) They shall separate and count the ballots of each 6 political party. 7 (2) They shall then proceed to ascertain the number of 8 names entered on the applications for ballot under each party 9 affiliation. 10 (3) If the primary ballots of any political party exceed 11 the number of applications for ballot by voters of such 12 political party, the primary ballots of such political party 13 shall be folded and replaced in the ballot box, the box 14 closed, well shaken and again opened and one of the primary 15 judges, who shall be blindfolded, shall draw out so many of 16 the primary ballots of such political party as shall be equal 17 to such excess. Such excess ballots shall be marked 18 "Excess-Not Counted" and signed by a majority of the judges 19 and shall be placed in the "After 6:00 p.m. Defective Ballots 20 Envelope". The number of excess ballots shall be noted in the 21 remarks section of the Certificate of Results. "Excess" 22 ballots shall not be counted in the total of "defective" 23 ballots; 24 (4) The primary judges shall then proceed to count the 25 primary ballots of each political party separately; and as 26 the primary judges shall open and read the primary ballots, 3 27 of the judges shall carefully and correctly mark upon 28 separate tally sheets the votes which each candidate of the 29 party whose name is written or printed on the primary ballot 30 has received, in a separate column for that purpose, with the 31 name of such candidate, the name of his political party and 32 the name of the office for which he is a candidate for 33 nomination at the head of such column. 34 Where voting machines,orelectronic voting systems, or -6- LRB9111855MWgc 1 Direct Recording Electronic Voting Systems are used, the 2 provisions of this Articlesectionmay be modified as 3 required or authorized by Article 24,orArticle 24A, or 4 Article 24C, whichever is applicable. 5 (Source: P.A. 80-484.) 6 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53) 7 Sec. 7-53. Tally sheets; certificate of results. As 8 soon as the ballots of a political party shall have been read 9 and the votes of the political party counted, as provided in 10 the last above Section, the 3 judges in charge of the tally 11 sheets shall foot up the tally sheets so as to show the total 12 number of votes cast for each candidate of the political 13 party and for each candidate for State Central committeeman 14 and precinct committeeman, township committeeman or ward 15 committeeman, and delegate and alternate delegate to National 16 nominating conventions, and certify the same to be correct. 17 Thereupon, the primary judges shall set down in a certificate 18 of results on the tally sheet, under the name of the 19 political party, the name of each candidate voted for upon 20 the primary ballot, written at full length, the name of the 21 office for which he is a candidate for nomination or for 22 committeeman, or delegate or alternate delegate to National 23 nominating conventions, the total number of votes which the 24 candidate received, and they shall also set down the total 25 number of ballots voted by the primary electors of the 26 political party in the precinct. The certificate of results 27 shall be made substantially in the following form: 28 ................ Party 29 At the primary election held in the .... precinct of the 30 (1) *township of ...., or (2) *City of ...., or (3) *.... 31 ward in the city of .... on (insert date), the primary 32 electors of the .... party voted .... ballots, and the 33 respective candidates whose names were written or printed on -7- LRB9111855MWgc 1 the primary ballot of the .... party, received respectively 2 the following votes: 3 Name of No. of 4 Candidate, Title of Office, Votes 5 John Jones Governor 100 6 Sam Smith Governor 70 7 Frank Martin Attorney General 150 8 William Preston Rep. in Congress 200 9 Frederick John Circuit Judge 50 10 *Fill in either (1), (2) or (3). 11 And so on for each candidate. 12 We hereby certify the above and foregoing to be true and 13 correct. 14 Dated (insert date). 15 ................................... 16 Name Address 17 ................................... 18 Name Address 19 ................................... 20 Name Address 21 ................................... 22 Name Address 23 ................................... 24 Name Address 25 Judges of Primary 26 Where voting machines,orelectronic voting systems, or 27 Direct Recording Electronic Voting Systems are used, the 28 provisions of this ArticleSectionmay be modified as 29 required or authorized by Article 24,andArticle 24A, or 30 Article 24C, whichever is applicable. 31 (Source: P.A. 91-357, eff. 7-29-99.) 32 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54) 33 Sec. 7-54. Binding and sealing ballots; report of -8- LRB9111855MWgc 1 results. After the votes of a political party have been 2 counted and set down and the tally sheets footed and the 3 entry made in the primary poll books or return, as above 4 provided, all the primary ballots of said political party, 5 except those marked "defective" or "objected to" shall be 6 securely bound, lengthwise and in width, with a soft cord 7 having a minimum tensile strength of 60 pounds separately for 8 each political party in the order in which said primary 9 ballots have been read, and shall thereupon be carefully 10 sealed in an envelope, which envelope shall be endorsed as 11 follows: 12 "Primary ballots of the.... party of the.... precinct of 13 the county of.... and State of Illinois." 14 Below each endorsement, each primary judge shall write 15 his name. 16 Immediately thereafter the judges shall designate one of 17 their number to go to the nearest telephone and report to the 18 office of the county clerk or board of election commissioners 19 (as the case may be) the results of such primary. Such clerk 20 or board shall keep his or its office open after the close of 21 the polls until he or it has received from each precinct 22 under his or its jurisdiction the report above provided for. 23 Immediately upon receiving such report such clerk or board 24 shall cause the same to be posted in a public place in his or 25 its office for inspection by the public. Immediately after 26 making such report such judge shall return to the polling 27 place. 28 Where voting machines,orelectronic voting systems, or 29 Direct Recording Electronic Voting Systems are used, the 30 provisions of this Articlesectionmay be modified as 31 required or authorized by Article 24,orArticle 24A, or 32 Article 24C, whichever is applicable. 33 (Source: P.A. 81-1433.) -9- LRB9111855MWgc 1 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55) 2 Sec. 7-55. Delivery and acceptance of election 3 materials. The primary poll books or the official poll 4 record, and the tally sheets with the certificates of the 5 primary judges written thereon, together with the envelopes 6 containing the ballots, including the envelope containing the 7 ballots marked "defective" or "objected to", shall be 8 carefully enveloped and sealed up together, properly 9 endorsed, and the primary judges shall elect 2 judges (one 10 from each of the major political parties), who shall 11 immediately deliver the same to the clerk from whom the 12 primary ballots were obtained, which clerk shall safely keep 13 the same for 2 months, and thereafter shall safely keep the 14 poll books until the next primary. Each election authority 15 shall keep the office of the election authority, or any 16 receiving stations designated by such authority, open for at 17 least 12 consecutive hours after the polls close, or until 18 the judges of each precinct under the jurisdiction of the 19 election authority have delivered to the election authority 20 all the above materials sealed up together and properly 21 endorsed as provided herein. Materials delivered to the 22 election authority which are not in the condition required by 23 this Section shall not be accepted by the election authority 24 until the judges delivering the same make and sign the 25 necessary corrections. Upon acceptance of the materials by 26 the election authority, the judges delivering the same shall 27 take a receipt signed by the election authority and stamped 28 with the time and date of such delivery. The election judges 29 whose duty it is to deliver any materials as above provided 30 shall, in the event such materials cannot be found when 31 needed, on proper request, produce the receipt which they are 32 to take as above provided. 33 The county clerk or board of election commissioners shall 34 deliver a copy of each tally sheet to the county chairmen of -10- LRB9111855MWgc 1 the two largest political parties. 2 Where voting machines,orelectronic voting systems, or 3 Direct Recording Electronic Voting Systems are used, the 4 provisions of this Articlesectionmay be modified as 5 required or authorized by Article 24,andArticle 24A, or 6 Article 24C, whichever is applicable. 7 (Source: P.A. 83-764.) 8 (10 ILCS 5/7-66) 9 Sec. 7-66. Precinct tabulation optical scan technology 10 voting equipment and direct recording electronic voting 11 systems equipment. 12 If the election authority has adopted the use of Precinct 13 Tabulation Optical Scan Technology voting equipment pursuant 14 to Article 24B of this Code or Direct Recording Electronic 15 Voting Systems equipment under Article 24C of this Code, and 16 the provisions of those Articlesthe Articleare in conflict 17 with the provisions of this Article 7, the provisions of 18 Article 24B or Article 24C, as the case may be, shall govern 19 the procedures followed by the election authority, its judges 20 of elections, and all employees and agents. In following the 21 provisions of Article 24B or Article 24C, the election 22 authority is authorized to develop and implement procedures 23 to fully utilize Precinct Tabulation Optical Scan Technology 24 voting equipment or Direct Recording Electronic Voting 25 Systems equipment authorized by the State Board of Elections 26 as long as the procedure is not in conflict witheither27 Article 24B, Article 24C, or the administrative rules of the 28 State Board of Elections. 29 (Source: P.A. 89-394, eff. 1-1-97.) 30 (10 ILCS 5/15-6) 31 Sec. 15-6. Precinct tabulation optical scan technology 32 voting equipment and direct recording electronic voting -11- LRB9111855MWgc 1 systems equipment. 2 If the election authority has adopted the use of Precinct 3 Tabulation Optical Scan Technology voting equipment pursuant 4 to Article 24B of this Code or Direct Recording Electronic 5 Voting Systems equipment under Article 24C of this Code, and 6 the provisions of those Articlesthe Articleare in conflict 7 with the provisions of this Article 15, the provisions of 8 Article 24B or Article 24C, as the case may be, shall govern 9 the procedures followed by the election authority, its judges 10 of elections, and all employees and agents. In following the 11 provisions of Article 24B or Article 24C, the election 12 authority is authorized to develop and implement procedures 13 to fully utilize Precinct Tabulation Optical Scan Technology 14 voting equipment or Direct Recording Electronic Voting 15 Systems equipment authorized by the State Board of Elections 16 as long as the procedure is not in conflict witheither17 Article 24B, Article 24C, or the administrative rules of the 18 State Board of Elections. 19 (Source: P.A. 89-394, eff. 1-1-97.) 20 (10 ILCS 5/16-11) 21 Sec. 16-11. Precinct tabulation optical scan technology 22 voting equipment and direct recording electronic voting 23 systems equipment. 24 If the election authority has adopted the use of Precinct 25 Tabulation Optical Scan Technology voting equipment pursuant 26 to Article 24B of this Code or Direct Recording Electronic 27 Voting Systems equipment under Article 24C of this Code, and 28 the provisions of those Articlesthe Articleare in conflict 29 with the provisions of this Article 16, the provisions of 30 Article 24B or Article 24C, as the case may be, shall govern 31 the procedures followed by the election authority, its judges 32 of elections, and all employees and agents. In following the 33 provisions of Article 24B or Article 24C, the election -12- LRB9111855MWgc 1 authority is authorized to develop and implement procedures 2 to fully utilize Precinct Tabulation Optical Scan Technology 3 voting equipment or Direct Recording Electronic Voting 4 Systems equipment authorized by the State Board of Elections 5 as long as the procedure is not in conflict witheither6 Article 24B, Article 24C, or the administrative rules of the 7 State Board of Elections. 8 (Source: P.A. 89-394, eff. 1-1-97.) 9 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9) 10 Sec. 17-9. Any person desiring to vote shall give his 11 name and, if required to do so, his residence to the judges 12 of election, one of whom shall thereupon announce the same in 13 a loud and distinct tone of voice, clear, and audible; the 14 judges of elections shall check each application for ballot 15 against the list of voters registered in that precinct to 16 whom absentee ballots have been issued for that election, 17 which shall be provided by the election authority and which 18 list shall be available for inspection by pollwatchers. A 19 voter applying to vote in the precinct on election day whose 20 name appears on the list as having been issued an absentee 21 ballot shall not be permitted to vote in the precinct unless 22 that voter submits to the judges of election, for23cancellation or revocation,his absentee ballot. In the case 24 that the voter's absentee ballot is not present in the 25 polling place, it shall be sufficient for any such voter to 26 submit to the judges of election in lieu of his absentee 27 ballot, either a portion of such ballot if torn or mutilated, 28 or an affidavit executed before the judges of election 29 specifying that the voter never received an absentee ballot,30or an affidavit executed before the judges of election31specifying that the voter desires to cancel or revoke any32absentee ballot that may have been cast in the voter's name. 33 All applicable provisions of Articles 4, 5 or 6 shall be -13- LRB9111855MWgc 1 complied with and if such name is found on the register of 2 voters by the officer having charge thereof, he shall 3 likewise repeat said name, and the voter shall be allowed to 4 enter within the proximity of the voting booths, as above 5 provided. One of the judges shall give the voter one, and 6 only one of each ballot to be voted at the election, on the 7 back of which ballots such judge shall indorse his initials 8 in such manner that they may be seen when each such ballot is 9 properly folded, and the voter's name shall be immediately 10 checked on the register list. In those election jurisdictions 11 where perforated ballot cards are utilized of the type on 12 which write-in votes can be cast above the perforation, the 13 election authority shall provide a space both above and below 14 the perforation for the judge's initials, and the judge shall 15 endorse his or her initials in both spaces. Whenever a 16 proposal for a constitutional amendment or for the calling of 17 a constitutional convention is to be voted upon at the 18 election, the separate blue ballot or ballots pertaining 19 thereto shall, when being handed to the voter, be placed on 20 top of the other ballots to be voted at the election in such 21 manner that the legend appearing on the back thereof, as 22 prescribed in Section 16-6 of this Act, shall be plainly 23 visible to the voter. At all elections, when a registry may 24 be required, if the name of any person so desiring to vote at 25 such election is not found on the register of voters, he or 26 she shall not receive a ballot until he or she shall have 27 complied with the law prescribing the manner and conditions 28 of voting by unregistered voters. If any person desiring to 29 vote at any election shall be challenged, he or she shall not 30 receive a ballot until he or she shall have established his 31 right to vote in the manner provided hereinafter; and if he 32 or she shall be challenged after he has received his ballot, 33 he shall not be permitted to vote until he or she has fully 34 complied with such requirements of the law upon being -14- LRB9111855MWgc 1 challenged. Besides the election officer, not more than 2 2 voters in excess of the whole number of voting booths 3 provided shall be allowed within the proximity of the voting 4 booths at one time. The provisions of this Act, so far as 5 they require the registration of voters as a condition to 6 their being allowed to vote shall not apply to persons 7 otherwise entitled to vote, who are, at the time of the 8 election, or at any time within 60 days prior to such 9 election have been engaged in the military or naval service 10 of the United States, and who appear personally at the 11 polling place on election day and produce to the judges of 12 election satisfactory evidence thereof, but such persons, if 13 otherwise qualified to vote, shall be permitted to vote at 14 such election without previous registration. 15 All such persons shall also make an affidavit which shall 16 be in substantially the following form: 17 State of Illinois,) 18 ) ss. 19 County of ........) 20 ............... Precinct .......... Ward 21 I, ...., do solemnly swear (or affirm) that I am a 22 citizen of the United States, of the age of 18 years or over, 23 and that within the past 60 days prior to the date of this 24 election at which I am applying to vote, I have been engaged 25 in the .... (military or naval) service of the United States; 26 and I am qualified to vote under and by virtue of the 27 Constitution and laws of the State of Illinois, and that I am 28 a legally qualified voter of this precinct and ward except 29 that I have, because of such service, been unable to register 30 as a voter; that I now reside at .... (insert street and 31 number, if any) in this precinct and ward; that I have 32 maintained a legal residence in this precinct and ward for 30 33 days and in this State 30 days next preceding this election. 34 ......................... -15- LRB9111855MWgc 1 Subscribed and sworn to before me on (insert date). 2 ......................... 3 Judge of Election. 4 The affidavit of any such person shall be supported by 5 the affidavit of a resident and qualified voter of any such 6 precinct and ward, which affidavit shall be in substantially 7 the following form: 8 State of Illinois,) 9 ) ss. 10 County of ........) 11 ........... Precinct ........... Ward 12 I, ...., do solemnly swear (or affirm), that I am a 13 resident of this precinct and ward and entitled to vote at 14 this election; that I am acquainted with .... (name of the 15 applicant); that I verily believe him to be an actual bona 16 fide resident of this precinct and ward and that I verily 17 believe that he or she has maintained a legal residence 18 therein 30 days and in this State 30 days next preceding this 19 election. 20 ......................... 21 Subscribed and sworn to before me on (insert date). 22 ......................... 23 Judge of Election. 24 All affidavits made under the provisions of this Section 25 shall be enclosed in a separate envelope securely sealed, and 26 shall be transmitted with the returns of the elections to the 27 county clerk or to the board of election commissioners, who 28 shall preserve the said affidavits for the period of 6 29 months, during which period such affidavits shall be deemed 30 public records and shall be freely open to examination as 31 such. 32 (Source: P.A. 91-357, eff. 7-29-99.) -16- LRB9111855MWgc 1 (10 ILCS 5/17-43) 2 Sec. 17-43. Precinct tabulation optical scan technology 3 voting equipment and direct recording electronic voting 4 systems equipment. 5 If the election authority has adopted the use of Precinct 6 Tabulation Optical Scan Technology voting equipment pursuant 7 to Article 24B of this Code or Direct Recording Electronic 8 Voting Systems equipment under Article 24C of this Code, and 9 the provisions of those Articlesthe Articleare in conflict 10 with the provisions of this Article 17, the provisions of 11 Article 24B or Article 24C, as the case may be, shall govern 12 the procedures followed by the election authority, its judges 13 of elections, and all employees and agents. In following the 14 provisions of Article 24B or Article 24C, the election 15 authority is authorized to develop and implement procedures 16 to fully utilize Precinct Tabulation Optical Scan Technology 17 voting equipment or Direct Recording Electronic Voting 18 Systems equipment authorized by the State Board of Elections 19 as long as the procedure is not in conflict witheither20 Article 24B, Article 24C, or the administrative rules of the 21 State Board of Elections. 22 (Source: P.A. 89-394, eff. 1-1-97.) 23 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) 24 Sec. 18-5. Questioning of person desiring to vote; 25 receipt of ballots. Any person desiring to vote and whose 26 name is found upon the register of voters by the person 27 having charge thereof, shall then be questioned by one of the 28 judges as to his nativity, his term of residence at present 29 address, precinct, State and United States, his age, whether 30 naturalized and if so the date of naturalization papers and 31 court from which secured, and he shall be asked to state his 32 residence when last previously registered and the date of the 33 election for which he then registered. The judges of -17- LRB9111855MWgc 1 elections shall check each application for ballot against the 2 list of voters registered in that precinct to whom absentee 3 ballots have been issued for that election, which shall be 4 provided by the election authority and which list shall be 5 available for inspection by pollwatchers. A voter applying to 6 vote in the precinct on election day whose name appears on 7 the list as having been issued an absentee ballot shall not 8 be permitted to vote in the precinct unless that voter 9 submits to the judges of election, for cancellation or10revocation,his absentee ballot. In the case that the 11 voter's absentee ballot is not present in the polling place, 12 it shall be sufficient for any such voter to submit to the 13 judges of election in lieu of his absentee ballot, either a 14 portion of such ballot if torn or mutilated, or an affidavit 15 executed before the judges of election specifying that the 16 voter never received an absentee ballot, or an affidavit17executed before the judges of election specifying that the18voter desires to cancel or revoke any absentee ballot that19may have been cast in the voter's name. If such person so 20 registered shall be challenged as disqualified, the party 21 challenging shall assign his reasons therefor, and thereupon 22 one of the judges shall administer to him an oath to answer 23 questions, and if he shall take the oath he shall then be 24 questioned by the judge or judges touching such cause of 25 challenge, and touching any other cause of disqualification. 26 And he may also be questioned by the person challenging him 27 in regard to his qualifications and identity. But if a 28 majority of the judges are of the opinion that he is the 29 person so registered and a qualified voter, his vote shall 30 then be received accordingly. But if his vote be rejected by 31 such judges, such person may afterward produce and deliver an 32 affidavit to such judges, subscribed and sworn to by him 33 before one of the judges, in which it shall be stated how 34 long he has resided in such precinct, and state; that he is a -18- LRB9111855MWgc 1 citizen of the United States, and is a duly qualified voter 2 in such precinct, and that he is the identical person so 3 registered. In addition to such an affidavit, the person so 4 challenged shall provide to the judges of election proof of 5 residence by producing 2 forms of identification showing the 6 person's current residence address, provided that such 7 identification to the person at his current residence address 8 and postmarked not earlier than 30 days prior to the date of 9 the election, or the person shall procure a witness 10 personally known to the judges of election, and resident in 11 the precinct (or district), or who shall be proved by some 12 legal voter of such precinct or district, known to the judges 13 to be such, who shall take the oath following, viz: 14 I do solemnly swear (or affirm) that I am a resident of 15 this election precinct (or district), and entitled to vote at 16 this election, and that I have been a resident of this State 17 for 30 days last past, and am well acquainted with the person 18 whose vote is now offered; that he is an actual and bona fide 19 resident of this election precinct (or district), and has 20 resided herein 30 days, and as I verily believe, in this 21 State, 30 days next preceding this election. 22 The oath in each case may be administered by one of the 23 judges of election, or by any officer, resident in the 24 precinct or district, authorized by law to administer oaths. 25 Also supported by an affidavit by a registered voter residing 26 in such precinct, stating his own residence, and that he 27 knows such person; and that he does reside at the place 28 mentioned and has resided in such precinct and state for the 29 length of time as stated by such person, which shall be 30 subscribed and sworn to in the same way. Whereupon the vote 31 of such person shall be received, and entered as other votes. 32 But such judges, having charge of such registers, shall state 33 in their respective books the facts in such case, and the 34 affidavits, so delivered to the judges, shall be preserved -19- LRB9111855MWgc 1 and returned to the office of the commissioners of election. 2 Blank affidavits of the character aforesaid shall be sent out 3 to the judges of all the precincts, and the judges of 4 election shall furnish the same on demand and administer the 5 oaths without criticism. Such oaths, if administered by any 6 other officer than such judge of election, shall not be 7 received. Whenever a proposal for a constitutional amendment 8 or for the calling of a constitutional convention is to be 9 voted upon at the election, the separate blue ballot or 10 ballots pertaining thereto shall be placed on top of the 11 other ballots to be voted at the election in such manner that 12 the legend appearing on the back thereof, as prescribed in 13 Section 16-6 of this Act, shall be plainly visible to the 14 voter, and in this fashion the ballots shall be handed to the 15 voter by the judge. 16 The voter shall, upon quitting the voting booth, deliver 17 to one of the judges of election all of the ballots, properly 18 folded, which he received. The judge of election to whom the 19 voter delivers his ballots shall not accept the same unless 20 all of the ballots given to the voter are returned by him. If 21 a voter delivers less than all of the ballots given to him, 22 the judge to whom the same are offered shall advise him in a 23 voice clearly audible to the other judges of election that 24 the voter must return the remainder of the ballots. The 25 statement of the judge to the voter shall clearly express the 26 fact that the voter is not required to vote such remaining 27 ballots but that whether or not he votes them he must fold 28 and deliver them to the judge. In making such statement the 29 judge of election shall not indicate by word, gesture or 30 intonation of voice that the unreturned ballots shall be 31 voted in any particular manner. No new voter shall be 32 permitted to enter the voting booth of a voter who has failed 33 to deliver the total number of ballots received by him until 34 such voter has returned to the voting booth pursuant to the -20- LRB9111855MWgc 1 judge's request and again quit the booth with all of the 2 ballots required to be returned by him. Upon receipt of all 3 such ballots the judges of election shall enter the name of 4 the voter, and his number, as above provided in this section, 5 and the judge to whom the ballots are delivered shall 6 immediately put the ballots into the ballot box. If any voter 7 who has failed to deliver all the ballots received by him 8 refuses to return to the voting booth after being advised by 9 the judge of election as herein provided, the judge shall 10 inform the other judges of such refusal, and thereupon the 11 ballot or ballots returned to the judge shall be deposited in 12 the ballot box, the voter shall be permitted to depart from 13 the polling place, and a new voter shall be permitted to 14 enter the voting booth. 15 The judge of election who receives the ballot or ballots 16 from the voter shall announce the residence and name of such 17 voter in a loud voice. The judge shall put the ballot or 18 ballots received from the voter into the ballot box in the 19 presence of the voter and the judges of election, and in 20 plain view of the public. The judges having charge of such 21 registers shall then, in a column prepared thereon, in the 22 same line of, the name of the voter, mark "Voted" or the 23 letter "V". 24 No judge of election shall accept from any voter less 25 than the full number of ballots received by such voter 26 without first advising the voter in the manner above provided 27 of the necessity of returning all of the ballots, nor shall 28 any such judge advise such voter in a manner contrary to that 29 which is herein permitted, or in any other manner violate the 30 provisions of this section; provided, that the acceptance by 31 a judge of election of less than the full number of ballots 32 delivered to a voter who refuses to return to the voting 33 booth after being properly advised by such judge shall not be 34 a violation of this Section. -21- LRB9111855MWgc 1 (Source: P.A. 89-653, eff. 8-14-96.) 2 (10 ILCS 5/18-40) 3 Sec. 18-40. Precinct tabulation optical scan technology 4 voting equipment and direct recording electronic voting 5 systems equipment. 6 If the election authority has adopted the use of Precinct 7 Tabulation Optical Scan Technology voting equipment pursuant 8 to Article 24B of this Code or Direct Recording Electronic 9 Voting Systems equipment under Article 24C, and the 10 provisions of those Articlesthe Articleare in conflict with 11 the provisions of this Article 18, the provisions of Article 12 24B or Article 24C, as the case may be, shall govern the 13 procedures followed by the election authority, its judges of 14 elections, and all employees and agents. In following the 15 provisions of Article 24B or Article 24C, the election 16 authority is authorized to develop and implement procedures 17 to fully utilize Precinct Tabulation Optical Scan Technology 18 voting equipment or Direct Recording Electronic Voting 19 Systems equipment authorized by the State Board of Elections 20 as long as the procedure is not in conflict witheither21 Article 24B, Article 24C, or the administrative rules of the 22 State Board of Elections. 23 (Source: P.A. 89-394, eff. 1-1-97.) 24 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) 25 Sec. 19-2.1. At the consolidated primary, general 26 primary, consolidated, and general elections, electors 27 entitled to vote by absentee ballot under the provisions of 28 Section 19-1 may vote in person at the office of the 29 municipal clerk, if the elector is a resident of a 30 municipality not having a board of election commissioners, or 31 at the office of the township clerk or, in counties not under 32 township organization, at the office of the road district -22- LRB9111855MWgc 1 clerk if the elector is not a resident of a municipality; 2 provided, in each case that the municipal, township or road 3 district clerk, as the case may be, is authorized to conduct 4 in-person absentee voting pursuant to this Section. Absentee 5 voting in such municipal and township clerk's offices under 6 this Section shall be conducted from the 22nd day through the 7 day before the election. 8 Municipal and township clerks (or road district clerks) 9 who have regularly scheduled working hours at regularly 10 designated offices other than a place of residence and whose 11 offices are open for business during the same hours as the 12 office of the election authority shall conduct in-person 13 absentee voting for said elections. Municipal and township 14 clerks (or road district clerks) who have no regularly 15 scheduled working hours but who have regularly designated 16 offices other than a place of residence shall conduct 17 in-person absentee voting for said elections during the hours 18 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m., 19 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not 20 during such hours as the office of the election authority is 21 closed, unless the clerk files a written waiver with the 22 election authority not later than July 1 of each year stating 23 that he or she is unable to conduct such voting and the 24 reasons therefor. Such clerks who conduct in-person absentee 25 voting may extend their hours for that purpose to include any 26 hours in which the election authority's office is open. 27 Municipal and township clerks (or road district clerks) who 28 have no regularly scheduled office hours and no regularly 29 designated offices other than a place of residence may not 30 conduct in-person absentee voting for said elections. The 31 election authority may devise alternative methods for 32 in-person absentee voting before said elections for those 33 precincts located within the territorial area of a 34 municipality or township (or road district) wherein the clerk -23- LRB9111855MWgc 1 of such municipality or township (or road district) has 2 waived or is not entitled to conduct such voting. In 3 addition, electors may vote by absentee ballot under the 4 provisions of Section 19-1 at the office of the election 5 authority having jurisdiction over their residence. 6 In conducting absentee voting under this Section, the 7 respective clerks shall not be required to verify the 8 signature of the absentee voter by comparison with the 9 signature on the official registration record card. However, 10 the clerk shall reasonably ascertain the identity of such 11 applicant, shall verify that each such applicant is a 12 registered voter, and shall verify the precinct in which he 13 or she is registered and the proper ballots of the political 14 subdivisions in which the applicant resides and is entitled 15 to vote, prior to providing any absentee ballot to such 16 applicant. The clerk shall verify the applicant's 17 registration and from the most recent poll list provided by 18 the county clerk, and if the applicant is not listed on that 19 poll list then by telephoning the office of the county clerk. 20 Absentee voting procedures in the office of the 21 municipal, township and road district clerks shall be subject 22 to all of the applicable provisions of this Article 19. 23 Pollwatchers may be appointed to observe in-person absentee 24 voting procedures at the office of the municipal, township or 25 road district clerks' offices where such absentee voting is 26 conducted. Such pollwatchers shall qualify and be appointed 27 in the same manner as provided in Sections 7-34 and 17-23, 28 except each candidate, political party or organization of 29 citizens may appoint only one pollwatcher for each location 30 where in-person absentee voting is conducted. Pollwatchers 31 shall be residents of the county and possess valid 32 pollwatcher credentials. All requirements in this Article 33 applicable to election authorities shall apply to the 34 respective local clerks, except where inconsistent with this -24- LRB9111855MWgc 1 Section. 2 In election jurisdictions that deliver absentee ballots 3 to the polling place to be counted by the precinct judges on 4 election day, the sealed absentee ballots in their carrier 5 envelope shall be delivered by the respective clerks, or by 6 the election authority on behalf of a clerk if the clerk and 7 the election authority agree, to the proper polling place 8 before the close of the polls on the day of the general 9 primary, consolidated primary, consolidated, or general 10 election. 11 In election jurisdictions that have adopted a Direct 12 Recording Electronic Voting System under Article 24C and that 13 count absentee ballots in the office of the election 14 authority on election day, the sealed absentee ballots in 15 their carrier envelope shall be delivered to the office of 16 the election authority by the respective clerks before the 17 close of the polls on the day of the general primary, 18 consolidated primary, consolidated, or general election. 19 Not more than 23 days before thenonpartisan,general and 20 consolidated elections, the county clerk shall make available 21 to those municipal, township and road district clerks 22 conducting in-person absentee voting within such county, a 23 sufficient number of applications, absentee ballots, 24 envelopes, and printed voting instruction slips for use by 25 absentee voters in the offices of such clerks. The respective 26 clerks shall receipt for all ballots received, shall return 27 all unused or spoiled ballots to the county clerk on the day 28 of the election and shall strictly account for all ballots 29 received. 30 The ballots delivered to the respective clerks shall 31 include absentee ballots for each precinct in the 32 municipality, township or road district, or shall include 33 such separate ballots for each political subdivision 34 conducting an election of officers or a referendum on that -25- LRB9111855MWgc 1 election day as will permit any resident of the municipality, 2 township or road district to vote absentee in the office of 3 the proper clerk. 4 The clerks of all municipalities, townships and road 5 districts may distribute applications for absentee ballot for 6 the use of voters who wish to mail such applications to the 7 appropriate election authority. Such applications for 8 absentee ballots shall be made on forms provided by the 9 election authority. Duplication of such forms by the 10 municipal, township or road district clerk is prohibited. 11 (Source: P.A. 91-210, eff. 1-1-00.) 12 (10 ILCS 5/19-7) (from Ch. 46, par. 19-7) 13 Sec. 19-7. Upon receipt of such absent voter's ballot, 14 the election authority shall forthwith enclose the same 15 unopened, together with the application made by said absent 16 voter in a large or carrier envelope which shall be securely 17 sealed and endorsed with the name and official title of such 18 officer and the words, "This envelope contains an absent 19 voter's ballot and must be opened on election day," together 20 with the number and description of the precinct in which said 21 ballot is to be voted, and such officer shall thereafter 22 safely keep the same in his office until counted by him as 23 provided in this Articlethe next section. 24 Except as provided in Article 24C, the election authority 25 may choose (i) to have the absentee ballots delivered before 26 the closing of the polls to their proper polling places for 27 counting by the precinct judges or (ii) to have the absentee 28 ballots received after 12:00 noon on election day or too late 29 for delivery before the closing of the polls on election day 30 counted in the office of the election authority by one or 31 more panels of election judges appointed in the manner 32 provided for in this Code. 33 (Source: P.A. 81-155.) -26- LRB9111855MWgc 1 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) 2 Sec. 19-8. In election jurisdictions that deliver 3 absentee ballots to the polling place to be counted by the 4 precinct judges, the provisions of this Section shall apply. 5 In case an absent voter's ballot is received by the 6 election authority prior to the delivery of the official 7 ballots to the judges of election of the precinct in which 8 said elector resides, such ballot envelope and application, 9 sealed in the carrier envelope, shall be enclosed in such 10 package and therewith delivered to the judges of such 11 precinct. In case the official ballots for such precinct have 12 been delivered to the judges of election at the time of the 13 receipt by the election authority of such absent voter's 14 ballot, such authority shall immediately enclose said 15 envelope containing the absent voter's ballot, together with 16 his application therefor, in a larger or carrier envelope 17 which shall be securely sealed and addressed on the face to 18 the judges of election, giving the name or number of 19 precinct, street and number of polling place, city or town in 20 which such absent voter is a qualified elector, and the words 21 "This envelope contains an absent voter's ballot and must be 22 opened only on election day at the polls immediately after 23 the polls are closed," mailing the same, postage prepaid, to 24 such judges of election, or if more convenient, such officer 25 may deliver such absent voter's ballot to the judges of 26 election in person or by duly deputized agent, said officer 27 to secure his receipt for delivery of such ballot or ballots. 28 Absent voters' ballots returned by absentee voters to the 29 election authority after the closing of the polls on an 30 election day shall be endorsed by the election authority 31 receiving the same with the day and hour of receipt and shall 32 be safely kept unopened by such election authority for the 33 period of time required for the preservation of ballots used 34 at such election, and shall then, without being opened, be -27- LRB9111855MWgc 1 destroyed in like manner as the used ballots of such 2 election. 3 All absent voters' ballots received by the election 4 authority after 12:00 noon on election day or too late for 5 delivery to the proper polling place before the closing of 6 the polls on election day, and Special Write-In Absentee 7 Voter's Blank Ballots, except ballots returned by mail 8 postmarked after midnight preceding the opening of the polls 9 on election day, and all absent voters' ballots in election 10 jurisdictions that use voting systems authorized by Article 11 24C shall be endorsed by the election authority receiving the 12 same with the day and hour of receipt and shall be counted in 13 the office of the election authority on the day of the 14 election after 7:00 p.m. All absent voters' ballots 15 delivered in error to the wrong precinct polling place shall 16 be returned to the election authority and counted under this 17 provision; however, all absentee ballots received by the 18 election authority by the close of absentee voting in the 19 office of the election authority on the day preceding the day 20 of election shall be delivered to the proper precinct polling 21 places in time to be counted by the judges of election. 22 Such counting shall commence no later than 8:00 p.m. and 23 shall be conducted by a panel or panels of election judges 24 appointed in the manner provided by law. Such counting shall 25 continue until all absent voters' ballots received as 26 aforesaid have been counted. 27 The procedures set forth in Section 19-9 of this Act and 28 Articles 17 and 18 of this Code, shall apply to all absent 29 voters' ballots counted under this provision, including 30 comparing the signature on the ballot envelope with the 31 signature of the voter on the permanent voter registration 32 record card taken from the master file; except that votes 33 shall be recorded bywithout regard toprecinctdesignation,34except for precinct offices. -28- LRB9111855MWgc 1 (Source: P.A. 91-357, eff. 7-29-99.) 2 (10 ILCS 5/19-9) (from Ch. 46, par. 19-9) 3 Sec. 19-9. At the close of the regular balloting and at 4 the close of the polls the judges of election of each voting 5 precinct or the panel or panels of judges in the office of 6 the election authority, as the case may be, shall proceed to 7 cast the absent voter's ballot separately, and as each absent 8 voter's ballot is taken shall open the outer or carrier 9 envelope, announce the absent voter's name, and compare the 10 signature upon the application with the signature upon the 11 certification on the ballot envelope and the signature of the 12 voter on the permanent voter registration record card. In 13 case the judges find the certifications properly executed, 14 that the signatures correspond, that the applicant is a duly 15 qualified elector in the precinct and the applicant has not 16 been present and voted within the county where he represents 17 himself to be a qualified elector on such election day, they 18 shall open the envelope containing the absent voter's ballot 19 in such manner as not to deface or destroy the certification 20 thereon, or mark or tear the ballots therein and take out the 21 ballot or ballots therein contained without unfolding or 22 permitting the same to be unfolded or examined, and having 23 endorsed the ballot in like manner as other ballots are 24 required to be endorsed, shall deposit the same in the proper 25 ballot box or boxes and enter the absent voter's name in the 26 poll book the same as if he had been present and voted in 27 person. The judges shall place the absentee ballot 28 certification envelopes in a separate envelope as per the 29 direction of the election authority. Such envelope containing 30 the absentee ballot certification envelopes shall be returned 31 to the election authority and preserved in like manner as the 32 official poll record. 33 In case such signatures do not correspond, or that the -29- LRB9111855MWgc 1 applicant is not a duly qualified elector in such precinct or 2 that the ballot envelope is open or has been opened and 3 resealed, or that said voter is present and has voted within 4 the county where he represents himself to be a qualified 5 elector on the day of such election at such election such 6 previously cast vote shall not be allowed, but without 7 opening the absent voter's envelope the judge of such 8 election shall mark across the face thereof, "Rejected", 9 giving the reason therefor. 10 In case the ballot envelope contains more than one ballot 11 of any kind, said ballots shall not be counted, but shall be 12 marked "Rejected", giving the reason therefor. 13 The absent voters' envelopes and affidavits and the 14 absent voters' envelope with its contents unopened, when such 15 absent vote is rejected shall be retained and preserved in 16 the manner as now provided for the retention and preservation 17 of official ballots rejected at such election. 18 As applied to an absentee ballot of a permanently 19 disabled voter who has complied with Section 19-12.1, the 20 word "certification" as used in this Section shall be 21 construed to refer to the unsworn statement subscribed to by 22 the voter pursuant to Section 19-12.1. 23 (Source: P.A. 87-1052.) 24 (10 ILCS 5/19-10) (from Ch. 46, par. 19-10) 25 Sec. 19-10. Pollwatchers may be appointed to observe 26 in-person absentee voting procedures at the office of the 27 election authority as well as at municipal, township or road 28 district clerks' offices where such absentee voting is 29 conducted. Such pollwatchers shall qualify and be appointed 30 in the same manner as provided in Sections 7-34 and 17-23, 31 except each candidate, political party or organization of 32 citizens may appoint only one pollwatcher for each location 33 where in-person absentee voting is conducted. Pollwatchers -30- LRB9111855MWgc 1 shall be residents of the county and possess valid 2 pollwatcher credentials. 3 In the polling place on election day, pollwatchers shall 4 be permitted to be present during the casting of the absent 5 voters' ballots and the vote of any absent voter may be 6 challenged for cause the same as if he were present and voted 7 in person, and the judges of the election or a majority 8 thereof shall have power and authority to hear and determine 9 the legality of such ballot; Provided, however, that if a 10 challenge to any absent voter's right to vote is sustained, 11 notice of the same must be given by the judges of election by 12 mail addressed to the voter's place of residence. 13 Wherecertainabsent voters' ballots are counted on the 14 day of the election in the office of the election authority 15 as provided in this ArticleSection 19-8 of this Act, each 16 political party, candidate and qualified civic organization 17 shall be entitled to have present one pollwatcher for each 18 panel of election judges therein assigned. Such pollwatchers 19 shall be subject to the same provisions as are provided for 20 pollwatchers in Sections 7-34 and 17-23 of this Code, and 21 shall be permitted to observe the election judges making the 22 signature comparison between that which is on the absentee 23 ballot application and that which is on the ballot envelope 24 andthat which is onthe permanent voter registration record 25 card taken from the master file. 26 (Source: P.A. 86-875.) 27 (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) 28 Sec. 19-12.2. Voting by physically incapacitated 29 electors who have made proper application to the election 30 authority not later than 5 days before the regular primary 31 and general election of 1980 and before each election 32 thereafter shall be conducted on the premises of facilities 33 licensed or certified pursuant to the Nursing Home Care Act -31- LRB9111855MWgc 1 for the sole benefit of residents of such facilities. Such 2 voting shall be conducted during any continuous period 3 sufficient to allow all applicants to cast their ballots 4 between the hours of 9 a.m. and 7 p.m. either on the Friday, 5 Saturday, Sunday or Monday immediately preceding the regular 6 election. This absentee voting on one of said days designated 7 by the election authority shall be supervised by two election 8 judges who must be selected by the election authority in the 9 following order of priority: (1) from the panel of judges 10 appointed for the precinct in which such facility is located, 11 or from a panel of judges appointed for any other precinct 12 within the jurisdiction of the election authority in the same 13 ward or township, as the case may be, in which the facility 14 is located or, only in the case where a judge or judges from 15 the precinct, township or ward are unavailable to serve, (3) 16 from a panel of judges appointed for any other precinct 17 within the jurisdiction of the election authority. The two 18 judges shall be from different political parties. Not less 19 than 30 days before each regular election, the election 20 authority shall have arranged with the chief administrative 21 officer of each facility in his or its election jurisdiction 22 a mutually convenient time period on the Friday, Saturday, 23 Sunday or Monday immediately preceding the election for such 24 voting on the premises of the facility and shall post in a 25 prominent place in his or its office a notice of the agreed 26 day and time period for conducting such voting at each 27 facility; provided that the election authority shall not 28 later than noon on the Thursday before the election also post 29 the names and addresses of those facilities from which no 30 applications were received and in which no supervised 31 absentee voting will be conducted. All provisions of this 32 Code applicable to pollwatchers shall be applicable herein. 33 To the maximum extent feasible, voting booths or screens 34 shall be provided to insure the privacy of the voter. Voting -32- LRB9111855MWgc 1 procedures shall be as described in Article 17 of this Code, 2 except that ballots shall be treated as absentee ballots and 3 shall not be counted until the close of the polls on the 4 following day. After the last voter has concluded voting, the 5 judges shall seal the ballots in an envelope and affix their 6 signatures across the flap of the envelope. Immediately 7 thereafter, the judges shall bring the sealed envelope to the 8 office of the election authority who shall preserve the 9 ballots in the office of the election authority in those 10 jurisdictions that have adopted a Direct Recording Electronic 11 Voting System under Article 24C and that count absentee 12 ballots in the office of the election authority or shall 13 deliver thesuchballots to the proper precinct polling 14 places prior to the closing of the polls on the day of 15 election in election jurisdictions that count absentee 16 ballots in the polling place. Provided, that in election 17 jurisdictions that count absentee ballots in the polling 18 place the election authority may arrange for the judges who 19 conduct such voting on the Monday before the election to 20 deliver the sealed envelope directly to the proper precinct 21 polling place on the day of election and shall announce such 22 procedure in the 30 day notice heretofore prescribed. The 23 judges of election shall also report to the election 24 authority the name of any applicant in the facility who, due 25 to unforeseen circumstance or condition or because of a 26 religious holiday, was unable to vote. In this event, the 27 election authority may appoint a qualified person from his or 28 its staff to deliver the ballot to such applicant on the day 29 of election. This staff person shall follow the same 30 procedures prescribed for judges conducting absentee voting 31 in such facilities; but shall return the ballot to the proper 32 precinct polling place before the polls close. However, if 33 the facility from which the application was made is also used 34 as a regular precinct polling place for that voter, voting -33- LRB9111855MWgc 1 procedures heretofore prescribed may be implemented by 2 of 2 the election judges of opposite party affiliation assigned to 3 that polling place during the hours of voting on the day of 4 the election. Judges of election shall be compensated not 5 less than $25.00 for conducting absentee voting in such 6 facilities. 7 Not less than 120 days before each regular election, the 8 Department of Public Health shall certify to the State Board 9 of Elections a list of the facilities licensed or certified 10 pursuant to the Nursing Home Care Act, and shall indicate the 11 approved bed capacity and the name of the chief 12 administrative officer of each such facility, and the State 13 Board of Elections shall certify the same to the appropriate 14 election authority within 20 days thereafter. 15 (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.) 16 (10 ILCS 5/19-15) 17 Sec. 19-15. Precinct tabulation optical scan technology 18 voting equipment and direct recording electronic voting 19 systems equipment. 20 If the election authority has adopted the use of Precinct 21 Tabulation Optical Scan Technology voting equipment pursuant 22 to Article 24B of this Code or Direct Recording Electronic 23 Voting Systems equipment under Article 24C, and the 24 provisions of those Articlesthe Articleare in conflict with 25 the provisions of this Article 19, the provisions of Article 26 24B or Article 24C, as the case may be, shall govern the 27 procedures followed by the election authority, its judges of 28 elections, and all employees and agents. In following the 29 provisions of Article 24B or Article 24C, the election 30 authority is authorized to develop and implement procedures 31 to fully utilize Precinct Tabulation Optical Scan Technology 32 voting equipment or Direct Recording Electronic Voting 33 Systems equipment authorized by the State Board of Elections -34- LRB9111855MWgc 1 as long as the procedure is not in conflict witheither2 Article 24B, Article 24C, or the administrative rules of the 3 State Board of Elections. 4 (Source: P.A. 89-394, eff. 1-1-97.) 5 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2) 6 Sec. 20-2. Any member of the United States Service, 7 otherwise qualified to vote, who expects in the course of his 8 duties to be absent from the county in which he resides on 9 the day of holding any election may make application for an 10 absentee ballot to the election authority having jurisdiction 11 over his precinct of residence on the official postcard or on 12 a form furnished by the election authority as prescribed by 13 Section 20-3 of this Article not less than 10 days before the 14 election. A request pursuant to this Section shall entitle 15 the applicant to an absentee ballot for every election in one 16 calendar year. The original application for ballot shall be 17 kept in the office of the election authority for one year as 18 authorization to send a ballot to the voter for each election 19 to be held within that calendar year. A certified copy of 20 such application for ballot shall be sent each election with 21 the absentee ballot to the polling place to be used in lieu 22 of the original application for ballot. No registration shall 23 be required in order to vote pursuant to this Section. 24 Ballots under this Section shall be mailed by the 25 election authority in the manner prescribed by Section 20-5 26 of this Article and not otherwise. Ballots voted under this 27 Section must be returnedto the election authorityin 28 sufficient time for delivery (i) to the proper precinct 29 polling place before the closing of the polls on the day of 30 the election in jurisdictions that count absentee ballots in 31 the polling place or (ii) to the office of the election 32 authority before the closing of the polls in those 33 jurisdictions that have adopted a Direct Recording Electronic -35- LRB9111855MWgc 1 Voting System under Article 24C and that count absentee 2 ballots in the office of the election authority. 3 (Source: P.A. 86-875.) 4 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1) 5 Sec. 20-2.1. Citizens of the United States temporarily 6 residing outside the territorial limits of the United States 7 who are not registered but otherwise qualified to vote and 8 who expect to be absent from their county of residence during 9 the periods of voter registration provided for in Articles 4, 10 5 or 6 of this Code and on the day of holding any election, 11 may make simultaneous application to the election authority 12 having jurisdiction over their precinct of residence for an 13 absentee registration and absentee ballot not less than 30 14 days before the election. Such application may be made on the 15 official postcard or on a form furnished by the election 16 authority as prescribed by Section 20-3 of this Article. A 17 request pursuant to this Section shall entitle the applicant 18 to an absentee ballot for every election in one calendar 19 year. The original application for ballot shall be kept in 20 the office of the election authority for one year as 21 authorization to send a ballot to the voter for each election 22 to be held within that calendar year. A certified copy of 23 such application for ballot shall be sent each election with 24 the absentee ballot to the polling place to be used in lieu 25 of the original application for ballot. 26 Registration shall be required in order to vote pursuant 27 to this Section. However, if the election authority receives 28 one of such applications after 30 days but not less than 10 29 days before a Federal election, said applicant shall be sent 30 a ballot containing the Federal offices only and registration 31 for that election shall be waived. 32 Ballots under this Section shall be mailed by the 33 election authority in the manner prescribed by Section 20-5 -36- LRB9111855MWgc 1 of this Article and not otherwise. 2 Ballots under this Section must be returnedto the3election authorityin sufficient time for delivery (i) to the 4 proper precinct polling place before the closing of the polls 5 on the day of the election in those jurisdictions that count 6 absentee ballots in the polling place or (ii) to the office 7 of the election authority before the closing of the polls on 8 election day in those jurisdictions that have adopted a 9 Direct Recording Electronic Voting System under Article 24C 10 and that count absentee ballots in the office of the election 11 authority. 12 (Source: P.A. 86-875.) 13 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2) 14 Sec. 20-2.2. Any non-resident civilian citizen, 15 otherwise qualified to vote, may make application to the 16 election authority having jurisdiction over his precinct of 17 former residence for an absentee ballot containing the 18 Federal offices only not less than 10 days before a Federal 19 election. Such application may be made only on the official 20 postcard. A request pursuant to this Section shall entitle 21 the applicant to an absentee ballot for every election in one 22 calendar year at which Federal offices are filled. The 23 original application for ballot shall be kept in the office 24 of the election authority for one year as authorization to 25 send a ballot to the voter for each election to be held 26 within that calendar year at which Federal offices are 27 filled. A certified copy of such application for ballot 28 shall be sent each election with the absentee ballot to the 29 polling place to be used in lieu of the original application 30 for ballot. No registration shall be required in order to 31 vote pursuant to this Section. Ballots under this Section 32 shall be mailed by the election authority in the manner 33 prescribed by Section 20-5 of this Article and not otherwise. -37- LRB9111855MWgc 1 Ballots under this Section must be returnedto the election2authorityin sufficient time for delivery (i) to the proper 3 precinct polling place before the closing of the polls on the 4 day of the election in those jurisdictions that count 5 absentee ballots in the polling place or (ii) to the office 6 of the election authority before the closing of the polls on 7 election day in those jurisdictions that have adopted a 8 Direct Recording Electronic Voting System under Article 24C 9 and that count absentee ballots in the office of the election 10 authority. 11 (Source: P.A. 86-875.) 12 (10 ILCS 5/20-7) (from Ch. 46, par. 20-7) 13 Sec. 20-7. Upon receipt of such absent voter's ballot, 14 the officer or officers above described shall forthwith 15 enclose the same unopened, together with the application made 16 by said absent voter in a large or carrier envelope which 17 shall be securely sealed and endorsed with the name and 18 official title of such officer and the words, "This envelope 19 contains an absent voter's ballot and must be opened on 20 election day," together with the number and description of 21 the precinct in which said ballot is to be voted, and such 22 officer shall thereafter safely keep the same in his office 23 until counted by him as provided in this Articlethe next24section. 25 Except as provided in Article 24C, the election authority 26 may choose (i) to deliver the absentee ballots to the proper 27 precinct polling place before the close of the polls on the 28 election day to be counted by the precinct judges or (ii) to 29 have the absentee ballots received after 12:00 noon on 30 election day or too late for delivery before the closing of 31 the polls on election day counted in the office of the 32 election authority by one or more panels of election judges 33 appointed in the manner provided for in this Code. -38- LRB9111855MWgc 1 (Source: P.A. 81-155.) 2 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) 3 Sec. 20-8. (a) In election jurisdictions that count 4 absentee ballots in the polling place, this subsection shall 5 apply. 6 In case any such ballot is received by the election 7 authority prior to the delivery of the official ballots to 8 the judges of election of the precinct in which said elector 9 resides, such ballot envelope and application, sealed in the 10 carrier envelope, shall be enclosed in the same package with 11 the other official ballots and therewith delivered to the 12 judges of such precinct. In case the official ballots for 13 such precinct have been delivered to the judges of election 14 at the time of the receipt by the election authority of such 15 absent voter's ballot, it shall immediately enclose said 16 envelope containing the absent voter's ballot, together with 17 his application therefor, in a larger or carrier envelope 18 which shall be securely sealed and addressed on the face to 19 the judges of election, giving the name or number of 20 precinct, street and number of polling place, city or town in 21 which such absent voter is a qualified elector, and the 22 words, "This envelope contains an absent voter's ballot and 23 must be opened only on election day at the polls immediately 24 after the polls are closed," mailing the same, postage 25 prepaid, to such judges of election, or if more convenient he 26 or it may deliver such absent voter's ballot to the judges of 27 election in person or by duly deputized agent and secure his 28 receipt for delivery of such ballot or ballots. Absent 29 voter's ballots postmarked after 11:59 p.m. of the day 30 immediately preceding the election returned to the election 31 authority too late to be delivered to the proper polling 32 place before the closing of the polls on the day of election 33 shall be endorsed by the person receiving the same with the -39- LRB9111855MWgc 1 day and hour of receipt and shall be safely kept unopened by 2 the election authority for the period of time required for 3 the preservation of ballots used at such election, and shall 4 then, without being opened, be destroyed in like manner as 5 the used ballots of such election. 6 (b) All absent voters' ballots received by the election 7 authority after 12:00 noon on election day or too late for 8 delivery to the proper polling place before the closing of 9 the polls on election day, except ballots returned by mail 10 postmarked after midnight preceding the opening of the polls 11 on election day, and all absent voters' ballots in election 12 jurisdictions that use voting systems authorized by Article 13 24C shall be counted in the office of the election authority 14 on the day of the election after 7:00 p.m. All absent voters' 15 ballots delivered in error to the wrong precinct polling 16 place shall be returned to the election authority and counted 17 under this provision. 18 Such counting shall commence no later than 8:00 p.m. and 19 shall be conducted by a panel or panels of election judges 20 appointed in the manner provided by law. Such counting shall 21 continue until all absent voters' ballots received as 22 aforesaid have been counted. 23 The procedures set forth in Section 19-9 of this Act and 24 Articles 17 and 18 of this Code, shall apply to all absent 25 voters' ballots counted under this provision; except that 26 votes shall be recorded bywithout regard toprecinct 27designation. 28 Wherecertainabsent voters' ballots are counted in the 29 office of the election authority as provided in this Section, 30 each political party, candidate and qualified civic 31 organization shall be entitled to have present one 32 pollwatcher for each panel of election judges therein 33 assigned. 34 (Source: P.A. 84-861.) -40- LRB9111855MWgc 1 (10 ILCS 5/20-9) (from Ch. 46, par. 20-9) 2 Sec. 20-9. At the close of the regular balloting and at 3 the close of the polls the judges of election of each voting 4 precinct or the panel or panels of judges in the office of 5 the election authority, as the case may be, shall proceed to 6 cast the absent voter's ballot separately, and as each absent 7 voter's ballot is taken shall open the outer or carrier 8 envelope, announce the absent voter's name, and compare the 9 signature upon the application with the signature upon the 10 registration record card if the voter is registered or upon 11 the certification on the ballot envelope if there is no 12 registration card. In case the judges find the certifications 13 properly executed, that the signatures correspond, that the 14 applicant is a duly qualified elector in the precinct and the 15 applicant has not been present and voted within the county 16 where he represents himself to be a qualified elector on such 17 election day, they shall open the envelope containing the 18 absent voter's ballot in such manner as not to deface or 19 destroy the certification thereon, or mark or tear the 20 ballots therein and take out the ballot or ballots therein 21 contained without unfolding or permitting the same to be 22 unfolded or examined, and having endorsed or initialed the 23 ballot in like manner as other ballots are required to be 24 endorsed, shall deposit the same in the proper ballot box or 25 boxes and mark the voter's registration record card 26 accordingly or file the application in lieu thereof. The 27 judges shall place the absentee ballot certification 28 envelopes in a separate envelope as per the direction of the 29 election authority. Such envelope containing the absentee 30 ballot certification envelopes shall be returned to the 31 election authority and preserved in like manner as the 32 official poll record. 33 In case the signatures do not correspond, or that the 34 applicant is not a duly qualified elector in such precinct or -41- LRB9111855MWgc 1 that the ballot envelope is open or has been opened and 2 resealed (except for the purpose of military censorship), or 3 that said voter is present and has voted within the county 4 where he represents himself to be a qualified elector on the 5 day of such election at such election such previously cast 6 vote shall not be allowed, but without opening the absent 7 voter's envelope the judge of such election shall mark across 8 the face thereof, "Rejected", giving the reason therefor. 9 In case the ballot envelope contains duplicate ballots, 10 said ballots shall not be counted, but shall be marked 11 "Rejected", giving the reason therefor. 12 The absent voters' envelopes and certifications and the 13 absent voters' envelope with its contents unopened, when such 14 absent vote is rejected shall be retained and preserved in 15 the manner as now provided for the retention and preservation 16 of official ballots rejected at such election. 17 (Source: P.A. 87-1052.) 18 (10 ILCS 5/20-15) 19 Sec. 20-15. Precinct tabulation optical scan technology 20 voting equipment and direct recording electronic voting 21 systems equipment. 22 If the election authority has adopted the use of Precinct 23 Tabulation Optical Scan Technology voting equipment pursuant 24 to Article 24B of this Code or Direct Recording Electronic 25 Voting Systems equipment under Article 24C of this Code, and 26 the provisions of those Articlesthe Articleare in conflict 27 with the provisions of this Article 20, the provisions of 28 Article 24B or Article 24C, as the case may be, shall govern 29 the procedures followed by the election authority, its judges 30 of elections, and all employees and agents. In following the 31 provisions of Article 24B or Article 24C, the election 32 authority is authorized to develop and implement procedures 33 to fully utilize Precinct Tabulation Optical Scan Technology -42- LRB9111855MWgc 1 voting equipment or Direct Recording Electronic Voting 2 Systems equipment authorized by the State Board of Elections 3 as long as the procedure is not in conflict witheither4 Article 24B, Article 24C, or the administrative rules of the 5 State Board of Elections. 6 (Source: P.A. 89-394, eff. 1-1-97.) 7 (10 ILCS 5/Art. 24C heading new) 8 ARTICLE 24C. DIRECT RECORDING 9 ELECTRONIC VOTING SYSTEMS 10 (10 ILCS 5/24C-1 new) 11 Sec. 24C-1. Purpose. The purpose of this Article is to 12 authorize the use of Direct Recording Electronic Voting 13 Systems approved by the State Board of Elections. In a 14 Direct Recording Electronic Voting System, voters cast votes 15 by means of a ballot display provided with mechanical or 16 electro-optical devices that can be activated by the voters 17 to mark their choices for the candidates of their preference 18 and for or against public questions. The voting devices shall 19 be capable of instantaneously recording the votes, storing 20 the votes, and tabulating the votes at the precinct. This 21 Article authorizes the use of Direct Recording Electronic 22 Voting Systems for in-precinct counting applications, except 23 that absentee ballots must be counted at the office of the 24 election authority. 25 (10 ILCS 5/24C-2 new) 26 Sec. 24C-2. Definitions. As used in this Article: 27 "Audit trail" means a continuous trail of evidence 28 linking individual transactions related to the vote count 29 with the summary record of vote totals, but that shall not 30 allow for the identification of the voter. It shall permit 31 verification of the accuracy of the count and detection and -43- LRB9111855MWgc 1 correction of problems and shall provide a record of each 2 step taken in: defining and producing ballots and generating 3 related software for specific elections; installing ballots 4 and software; testing system readiness; casting and 5 tabulating ballots; and producing reports of vote totals. 6 The record shall incorporate system status and error messages 7 generated during election processing, including a log of 8 machine activities and routine and unusual intervention by 9 authorized and unauthorized individuals. Also part of an 10 election audit trail is the documentation of such items as 11 ballots delivered and collected, administrative procedures 12 for system security, pre-election testing of voting systems, 13 and maintenance performed on voting equipment. 14 "Ballot" means an electronic audio or video display or 15 any other medium used to record a voter's choices for the 16 candidates of his or her preference and for or against public 17 questions. 18 "Ballot configuration" means the particular combination 19 of political subdivision or district ballots including, for 20 each political subdivision or district, the particular 21 combination of offices, candidate names, and public questions 22 as they appear for each group of voters who may cast the same 23 ballot. 24 "Ballot image" means a corresponding representation in 25 electronic form of the mark or vote position of a ballot. 26 "Ballot label" or "ballot screen" means the display of 27 material containing the names of offices and candidates and 28 public questions to be voted on. 29 "Computer", "automatic and electronic tabulating 30 equipment", or "equipment" includes (i) apparatus necessary 31 to automatically or electronically examine and count votes as 32 designated on ballots and (ii) data processing machines that 33 can be used for counting ballots and tabulating results. 34 "Computer operator" means any person or persons -44- LRB9111855MWgc 1 designated by the election authority to operate the automatic 2 tabulating equipment during any portion of the vote tallying 3 process in an election, but shall not include judges of 4 election operating vote tabulating equipment in the precinct. 5 "Computer program" or "program" means the set of 6 operating instructions for the automatic or electronic 7 tabulating equipment that examines, records, counts, 8 tabulates, canvasses, and prints votes recorded by a voter on 9 a ballot. 10 "Direct recording electronic voting system", "voting 11 system", or "system" means the combination of equipment and 12 programs that records votes by means of a ballot display 13 provided with mechanical or electro-optical devices that can 14 be activated by the voter, that processes the data by means 15 of a computer program, that records voting data and ballot 16 images in internal memory devices, and that produces a 17 tabulation of the voting data as hard copy or stored in a 18 removable memory device. 19 "Edit listing" means a computer generated listing of the 20 names of each candidate and public question as they appear in 21 the program for each precinct. 22 "In-precinct counting" means the recording and counting 23 of ballots on automatic or electronic tabulating equipment 24 provided by the election authority in the same precinct 25 polling place in which those ballots have been cast. 26 "Separate ballot" means a separate page or display screen 27 of the ballot that is clearly defined and distinguishable 28 from other portions of the ballot. 29 "Voting device" or "voting machine" means a Direct 30 Recording Voting System apparatus. 31 (10 ILCS 5/24C-3 new) 32 Sec. 24C-3. Adoption, experimentation, or abandonment of 33 Direct Recording Electronic Voting System; boundaries of -45- LRB9111855MWgc 1 precincts; notice. Except as otherwise provided in this 2 Section, any county board, board of county commissioners, or 3 board of election commissioners, with respect to territory 4 within its jurisdiction, may adopt, experiment with, or 5 abandon a Direct Recording Electronic Voting System approved 6 for use by the State Board of Elections and may use the 7 system in all or some of the precincts within its 8 jurisdiction, or in combination with punch cards, paper 9 ballots, or ballot sheets. In no case may a county board, 10 board of county commissioners, or board of election 11 commissioners contract or arrange for the purchase, lease, or 12 loan of a Direct Recording Electronic Voting System or system 13 component without the approval of the State Board of 14 Elections as provided by Section 24C-16. The county board 15 and board of county commissioners of each county having a 16 population of 40,000 or more, with respect to all elections 17 for which an election authority is charged with the duty of 18 providing materials and supplies, and each board of election 19 commissioners in a municipality having a population of 40,000 20 or more, with respect to elections under its jurisdiction, 21 must provide either a Direct Recording Electronic Voting 22 System approved for use by the State Board of Elections under 23 this Article or voting systems under Article 24, Article 24A, 24 or Article 24B for each precinct for all elections, except as 25 provided in Section 24-1.2. For purposes of this Section 26 "population" does not include persons prohibited from voting 27 by Section 3-5 of this Code. 28 Before any Direct Recording Electronic Voting System is 29 introduced, adopted, or used in any precinct or territory, at 30 least 2 months public notice must be given before the date of 31 the first election when the system is to be used. The 32 election authority shall publish the notice at least once in 33 one or more newspapers published within the county, or other 34 jurisdiction, where the election is held. If there is no -46- LRB9111855MWgc 1 such newspaper, the notice shall be published in a newspaper 2 published in the county and having a general circulation 3 within the jurisdiction. The notice shall be substantially 4 as follows: 5 "Notice is hereby given that on (give date), at (insert 6 place where election is held) in the county of (insert 7 county) an election will be held for (insert name of offices 8 to be filled) at which a Direct Recording Electronic Voting 9 System will be used." 10 Dated at ... (insert date)" 11 This notice referred to shall be given only at the first 12 election at which the Direct Recording Electronic Voting 13 System is used. 14 (10 ILCS 5/24C-3.1 new) 15 Sec. 24C-3.1. Retention, consolidation, or alteration of 16 existing precincts; change of location. When a Direct 17 Recording Electronic Voting System is used, the county board 18 or board of election commissioners may retain existing 19 precincts or may consolidate, combine, alter, decrease, or 20 enlarge the boundaries of the precincts to change the number 21 of registered voters of the precincts using the system, 22 establishing the number of registered voters within each 23 precinct at a number not to exceed 800 as the appropriate 24 county board or board of election commissioners determines 25 will afford adequate voting facilities and efficient and 26 economical elections. 27 Except in the event of a fire, flood, or total loss of 28 heat in a place fixed or established pursuant to law by any 29 county board or board of election commissioners as a polling 30 place for an election, no election authority shall change the 31 location of a polling place established for any precinct 32 after notice of the place of holding the election for that 33 precinct has been given as required under Article 12, unless -47- LRB9111855MWgc 1 the election authority notifies all registered voters in the 2 precinct of the change in location by first class mail in 3 sufficient time for the notice to be received by the 4 registered voters in the precinct at least one day prior to 5 the date of the election. 6 (10 ILCS 5/24C-4 new) 7 Sec. 24C-4. Use of Direct Recording Electronic Voting 8 System; requisites; applicable procedure. Direct Recording 9 Electronic Voting Systems may be used in elections provided 10 that the systems enable the voter to cast a vote for all 11 offices and on all public questions for which he or she is 12 entitled to vote, and that the systems are approved for use 13 by the State Board of Elections. 14 So far as applicable, the procedure provided for voting 15 paper ballots shall apply when Direct Recording Electronic 16 Voting Systems are used. The provisions of this Article 24C 17 will govern when there are conflicts. 18 (10 ILCS 5/24C-5 new) 19 Sec. 24C-5. Voting booths. In precincts where a Direct 20 Recording Electronic Voting System is used, a sufficient 21 number of voting booths shall be provided for the use of the 22 system according to the requirements determined by the State 23 Board of Elections. Each booth shall be placed so that the 24 entrance to each booth faces a wall in a manner that no judge 25 of election or pollwatcher is able to observe a voter casting 26 a ballot. 27 (10 ILCS 5/24C-5.1 new) 28 Sec. 24C-5.1. Instruction of voters. Before entering the 29 voting booth each voter shall be offered instruction in using 30 the Direct Recording Electronic Voting System. In 31 instructing voters, no election judge may show partiality to -48- LRB9111855MWgc 1 any political party or candidate. The duties of instruction 2 shall be discharged by a judge from each of the political 3 parties represented and they shall alternate serving as 4 instructor so that each judge shall serve a like time at 5 those duties. No instructions may be given after the voter 6 has entered the voting booth. 7 No election judge or person assisting a voter may in any 8 manner request, suggest, or seek to persuade or induce any 9 voter to cast his or her vote for any particular ticket, 10 candidate, amendment, question, or proposition. All 11 instructions shall be given by election judges in a manner 12 that it may be observed by other persons in the polling 13 place. 14 (10 ILCS 5/24C-5.2 new) 15 Sec. 24C-5.2. Demonstration of Direct Recording 16 Electronic Voting System; placement in public library. When 17 a Direct Recording Electronic Voting System is to be used in 18 a forthcoming election, the election authority may provide, 19 for the purpose of instructing voters in the election, one 20 demonstrator Direct Recording Electronic Voting System unit 21 for placement in any public library within the political 22 subdivision where the election occurs. If the placement of a 23 demonstrator takes place it shall be made available at least 24 30 days before the election. 25 (10 ILCS 5/24C-6 new) 26 Sec. 24C-6. Ballot information; arrangement; absentee 27 ballots; spoiled ballots. The ballot information shall, as 28 far as practicable, be in the order of arrangement provided 29 for paper ballots, except that the information may be in 30 vertical or horizontal rows or on a number of separate pages 31 or display screens. 32 All public questions, including but not limited to public -49- LRB9111855MWgc 1 questions calling for a constitutional convention, 2 constitutional amendment, or judicial retention, shall be 3 placed on the ballot separate and apart from candidates. 4 Ballots for all public questions shall be clearly designated 5 pursuant to administrative rule of the State Board of 6 Elections. More than one amendment to the constitution may 7 be placed on the same portion of the ballot screen. 8 Constitutional convention or constitutional amendment 9 propositions shall precede all candidates and other 10 propositions and shall be placed on a separate portion of the 11 ballot and designated by borders or unique color screens, 12 unless otherwise provided by administrative rule of the State 13 Board of Elections. More than one public question may be 14 placed on the same portion of the ballot. Judicial retention 15 propositions shall be placed on a separate portion of the 16 ballot designated pursuant to administrative rule of the 17 State Board of Elections. More than one proposition for 18 retention of judges in office may be placed on the same 19 portion of the ballot. 20 The party affiliation, if any, of each candidate or the 21 word "independent", where applicable, shall appear near or 22 under the candidate's name, and the names of candidates for 23 the same office shall be listed vertically under the title of 24 that office. In the case of nonpartisan elections for 25 officers of political subdivisions, unless the statute or an 26 ordinance adopted pursuant to Article VII of the Illinois 27 Constitution requires otherwise, the listing of nonpartisan 28 candidates shall not include any party or "independent" 29 designation. In primary elections, a separate ballot, shall 30 be used for each political party holding a primary, with the 31 ballot arranged to include names of the candidates of the 32 party and public questions and other propositions to be voted 33 upon on the day of the primary election. 34 If the ballot includes both candidates for office and -50- LRB9111855MWgc 1 public questions or propositions to be voted on, the election 2 official in charge of the election shall divide the ballot in 3 sections for "Candidates" and "Public Questions", or separate 4 ballots may be used. 5 Any voter who spoils his or her ballot or makes an error 6 shall be provided a means of correcting the ballot or 7 obtaining a new ballot prior to casting his or her ballot. 8 (10 ILCS 5/24C-6.1 new) 9 Sec. 24C-6.1. Security designation. In all elections 10 conducted under this Article, ballots shall have a security 11 designation. In precincts where more than one ballot 12 configuration may be voted upon, ballots shall have a 13 different security designation for each ballot configuration. 14 If a precinct has only one possible ballot configuration, the 15 ballots must have a security designation to identify the 16 precinct and the election. Where ballots from more than one 17 precinct are being tabulated, the ballots from each precinct 18 must be clearly identified; official results shall not be 19 generated unless the precinct identification for any precinct 20 corresponds. The Direct Recording Electronic Voting System 21 shall be designed to ensure that the proper ballot is 22 selected for each polling place and that the format can be 23 matched to the software or firmware required to interpret it 24 correctly. The system shall provide a means of programming 25 each piece of equipment to reflect the ballot requirements of 26 the election and shall include a means for validating the 27 correctness of the program and of the program's installation 28 in the equipment or in a programmable memory device. 29 (10 ILCS 5/24C-7 new) 30 Sec. 24C-7. Write-in ballots. Pursuant to administrative 31 rule of the State Board of Elections, a Direct Recording 32 Electronic Voting System shall provide an acceptable method -51- LRB9111855MWgc 1 for a voter to vote for a person whose name does not appear 2 on the ballot using the same Direct Recording Electronic 3 Voting System used to record votes for candidates whose name 4 do appear on the ballot. 5 (10 ILCS 5/24C-8 new) 6 Sec. 24C-8. Preparation for use; comparison of ballots; 7 operational checks of Direct Recording Electronic Voting 8 Systems equipment; pollwatchers. The election authority 9 shall cause the approved Direct Recording Electronic Voting 10 System equipment to be delivered to the polling places. 11 Before the opening of the polls, all Direct Recording 12 Electronic Voting System devices shall provide a printed 13 record of the following, upon verification of the 14 authenticity of the commands by a judge of election: the 15 election's identification data, the equipment's unit 16 identification, the ballot's format identification, the 17 contents of each active candidate register by office and of 18 each active public question register showing that they 19 contain all zeros, all ballot fields that can be used to 20 invoke special voting options, and other information needed 21 to ensure the readiness of the equipment, and to accommodate 22 administrative reporting requirements. 23 The Direct Recording Electronic Voting System shall 24 provide a means for the election judges to open the polling 25 place and ready the equipment for the casting of ballots. 26 Those means shall incorporate a security seal, a password, or 27 a data code recognition capability to prevent inadvertent or 28 unauthorized actuation of the poll-opening function. If more 29 than one step is required, it shall enforce their execution 30 in the proper sequence. 31 Pollwatchers, as provided by law, shall be permitted to 32 closely observe the judges in these procedures and to 33 periodically inspect the Direct Recording Electronic Voting -52- LRB9111855MWgc 1 System equipment when not in use by the voters. 2 (10 ILCS 5/24C-9 new) 3 Sec. 24C-9. Testing of Direct Recording Electronic Voting 4 System equipment and programs; custody of programs, test 5 materials, and ballots. Prior to the public test, the 6 election authority shall conduct an errorless pre-test of the 7 Direct Recording Electronic Voting System equipment and 8 programs to determine that they will correctly detect voting 9 defects and count the votes cast for all offices and all 10 public questions. On any day not less than 5 days prior to 11 the election day, the election authority shall publicly test 12 the Direct Recording Electronic Voting System equipment and 13 programs to determine that they will correctly count the 14 votes cast for all offices and on all public questions. 15 Public notice of the time and place of the test shall be 16 given at least 48 hours before the test by publishing the 17 notice in one or more newspapers within the election 18 jurisdiction of the election authority, if a newspaper is 19 published in that jurisdiction. If a newspaper is not 20 published in that jurisdiction, notice shall be published in 21 a newspaper of general circulation in that jurisdiction. 22 Timely written notice stating the date, time, and location of 23 the public test shall also be provided to the State Board of 24 Elections. The test shall be open to representatives of the 25 political parties, the press, representatives of the State 26 Board of Elections, and the public. The test shall be 27 conducted by entering a preaudited group of ballots marked to 28 record a predetermined number of valid votes for each 29 candidate and on each public question, and shall include for 30 each office one or more ballots having votes exceeding the 31 number allowed by law to test the ability of the electronic 32 tabulating equipment to reject the votes. The test shall 33 also include producing an edit listing. In those election -53- LRB9111855MWgc 1 jurisdictions where in-precinct counting equipment is used, a 2 public test of both the equipment and program shall be 3 conducted as nearly as possible in the manner prescribed 4 above. 5 The State Board of Elections may select as many election 6 jurisdictions that the Board deems advisable in the interests 7 of the election process of this State to order a special test 8 of the electronic tabulating equipment and program before any 9 regular election. The Board may order a special test in any 10 election jurisdiction where, during the preceding 12 months, 11 computer programming errors or other errors in the use of the 12 system resulted in vote tabulation errors. Not less than 30 13 days before any election, the State Board of Elections shall 14 provide written notice to those selected jurisdictions of its 15 intent to conduct a test. Within 5 days of receipt of the 16 State Board of Elections' written notice of intent to conduct 17 a test, the selected jurisdictions shall forward to the 18 principal office of the State Board of Elections a copy of 19 all specimen ballots. The State Board of Elections' tests 20 shall be conducted and completed not less than 2 days before 21 the public test using testing materials supplied by the Board 22 and under the supervision of the Board, and the Board shall 23 reimburse the election authority for the reasonable cost of 24 computer time required to conduct the special test. After an 25 errorless test, materials used in the public test, including 26 the program, if appropriate, shall be sealed and remain 27 sealed until the test is run again on election day. If any 28 error is detected, the cause of the error shall be determined 29 and corrected, and an errorless public test shall be made 30 before the automatic tabulating equipment is approved. Each 31 election authority shall file a sealed copy of each tested 32 program to be used within its jurisdiction at an election 33 with the State Board of Elections before the election. The 34 Board shall secure the program or programs of each election -54- LRB9111855MWgc 1 jurisdiction so filed in its office for the 60 days following 2 the canvass and proclamation of election results. At the 3 expiration of that time, if no election contest or appeal is 4 pending in an election jurisdiction, the Board shall return 5 the sealed program or programs to the election authority of 6 the jurisdiction. Except where in-precinct counting 7 equipment is used, the test shall be repeated immediately 8 before the start of the official counting of the ballots, in 9 the same manner as set forth above. After the completion of 10 the count, the test shall be re-run using the same program. 11 Immediately after the re-run, all material used in testing 12 the program and the programs shall be sealed and retained 13 under the custody of the election authority for a period of 14 60 days. At the expiration of that time the election 15 authority shall destroy the voted ballots, together with all 16 unused ballots returned from the precincts, provided, that if 17 any contest of election is pending at the time in which the 18 ballots may be required as evidence and the election 19 authority has notice of the contest, the ballots shall not be 20 destroyed until after the contest is finally determined. If 21 the use of back-up equipment becomes necessary, the same 22 testing required for the original equipment shall be 23 conducted. 24 (10 ILCS 5/24C-10 new) 25 Sec. 24C-10. Recording of votes by Direct Recording 26 Electronic Voting Systems. Whenever a Direct Recording 27 Electronic Voting System is used to electronically record and 28 count the votes of ballots, the provisions of this Section 29 shall apply. A voter shall cast a proper vote on a ballot 30 pursuant to the instructions provided on the screen or 31 labels. 32 (10 ILCS 5/24C-11 new) -55- LRB9111855MWgc 1 Sec. 24C-11. Functional requirements. The functional 2 requirements of a Direct Recording Electronic Voting System 3 shall be specified by the administrative rules of the State 4 Board of Elections. 5 (10 ILCS 5/24C-12 new) 6 Sec. 24C-12. Procedures for counting and tallying of 7 ballots. In an election jurisdiction where a Direct Recording 8 Electronic Voting System is used, the procedures in this 9 Section for counting and tallying the ballots shall apply. 10 Before the opening of the polls, the judges of elections 11 shall assemble the voting equipment and devices and turn the 12 equipment on. The judges shall, if necessary, take steps to 13 actuate the voting devices and counting equipment by 14 inserting into the equipment and voting devices appropriate 15 electronic media containing passwords and data codes that 16 will select the proper ballot formats for that polling place 17 and that will prevent inadvertent or unauthorized actuation 18 of the poll-opening function. Before voting begins and 19 before ballots are entered into the voting devices, the 20 judges of election shall cause to be printed a record of the 21 following: (i) the election's identification data, (ii) the 22 device's unit identification, (iii) the ballot's format 23 identification, (iv) the contents of each active candidate 24 register by office and of each active public question 25 register showing that they contain all zeros, (v) all ballot 26 fields that can be used to invoke special voting options, and 27 (vi) other information needed to ensure the readiness of the 28 equipment and to accommodate administrative reporting 29 requirements. The judges must also check to be sure that the 30 totals are all zeros in the counting columns and in the 31 public counter affixed to the voting devices. 32 After the judges have determined that a person is 33 qualified to vote, the judges shall enable a voting device to -56- LRB9111855MWgc 1 be used by the voter and the proper ballot to which the voter 2 is entitled shall be selected. The ballot may then be cast 3 by the voter by marking by appropriate means the designated 4 area of the ballot for the casting of a vote for any 5 candidate or for or against any public question. The voter 6 shall be able to vote for any and all candidates and public 7 measures appearing on the ballot in any legal number and 8 combination and the voter shall be able to delete or change 9 his or her selections before the ballot is cast. The voter 10 shall be able to select candidates whose names do not appear 11 upon the ballot for any office by following the instructions 12 provided on the screen or labels as many names of candidates 13 as the voter is entitled to select for each office. 14 Upon completing his or her selection of candidates or 15 public questions, the voter shall signify that voting has 16 been completed by activating the appropriate button, switch, 17 or active area of the ballot screen associated with end of 18 voting. Upon activation, the voting system shall record an 19 image of the completed ballot, shall increment the proper 20 ballot position registers, and shall signify to the voter 21 that the ballot has been cast. After the voter has cast his 22 or her ballot, the voter shall receive a document duplicating 23 the image of the voter's completed ballot. The document 24 shall be placed in a ballot box by the judges of election and 25 shall be delivered to the election authority as the election 26 authority instructs. The ballot box shall be locked for 2 27 months, except in the event of an election contest or 28 discovery recount. The voter shall exit the voting station 29 and the voting system shall prevent any further attempt to 30 vote until it has been re-activated by the judges of 31 election. If the voter fails to cast his or her ballot and 32 leaves the polling place, 2 judges of election, one from each 33 of the 2 major political parties, shall spoil the ballot. 34 Throughout the election day and before the closing of the -57- LRB9111855MWgc 1 polls, no person may check any vote totals for any candidate 2 or public question on the voting or counting equipment. 3 The precinct judges of election shall check the public 4 register to determine whether the number of ballots counted 5 by the voting equipment agrees with the number of voters 6 voting as shown by the applications for ballot. If the same 7 do not agree, the judges of election shall immediately 8 contact the offices of the election authority in charge of 9 the election for further instructions. If the number of 10 ballots counted by the voting equipment agrees with the 11 number of voters voting as shown by the application for 12 ballot, the number shall be listed on the "Statement of 13 Ballots" form provided by the election authority. 14 The totals for all candidates and propositions shall be 15 tabulated and 4 copies of a "Certificate of Results" shall be 16 printed by the electronic tabulating equipment. In addition, 17 one copy shall be posted in a conspicuous place inside the 18 polling place and every effort shall be made by the judges of 19 election to provide a copy for each authorized pollwatcher or 20 other official authorized to be present in the polling place 21 to observe the counting of ballots. Additional copies shall 22 be made available to pollwatchers, but in no case shall there 23 be fewer than 4 chosen by lot by the judges of election. In 24 addition, sufficient time shall be provided by the judges of 25 election to the pollwatchers to allow them to copy 26 information from the copy that has been posted. 27 If instructed by the election authority, the judges of 28 election shall cause the tabulated returns to be transmitted 29 electronically to the offices of the election authority via 30 modem or other electronic medium. 31 The precinct judges of election shall select a 32 bi-partisan team of 2 judges, who shall immediately return 33 the ballots in a sealed container, along with all other 34 election materials and equipment as instructed by the -58- LRB9111855MWgc 1 election authority; provided, however, that the container 2 must first be sealed by the election judges with filament 3 tape or other approved sealing devices provided for the 4 purpose in a manner that the ballots cannot be removed from 5 the container without breaking the seal or filament tape and 6 disturbing any signatures affixed by the election judges to 7 the container. The election authority shall keep the office 8 of the election authority, or any receiving stations 9 designated by the authority, open for at least 12 consecutive 10 hours after the polls close or until the ballots and election 11 material and equipment, as instructed by the election 12 authority, from all precincts within the jurisdiction of the 13 election authority have been returned to the election 14 authority. Ballots and election materials and equipment 15 returned to the office of the election authority that are not 16 signed and sealed as required by law shall not be accepted by 17 the election authority until the judges returning the ballots 18 make and sign the necessary corrections. Upon acceptance of 19 the ballots and election materials and equipment by the 20 election authority, the judges returning the ballots shall 21 take a receipt signed by the election authority and stamped 22 with the time and date of the return. The election judges 23 whose duty it is to return any ballots and election materials 24 and equipment as provided shall, in the event the ballots, 25 materials, or equipment cannot be found when needed, on 26 proper request, produce the receipt that they are to take as 27 above provided. 28 (10 ILCS 5/24C-13 new) 29 Sec. 24C-13. Counting of absentee ballots. All 30 jurisdictions using Direct Recording Electronic Voting 31 Systems shall count absentee ballots at the office of the 32 election authority. The provisions of Sections 24A-9 and 33 24B-9 shall apply to the testing and notice requirements for -59- LRB9111855MWgc 1 central count tabulation equipment. 2 Any election authority using a direct recording 3 electronic voting system may use voting systems approved for 4 use under Articles 16, 24A, or 24B when conducting absentee 5 voting. The absentee ballots shall be examined and processed 6 pursuant to Sections 19-9 and 20-9. The results shall be 7 recorded by precinct and shall become part of the certificate 8 of results. 9 (10 ILCS 5/24C-14 new) 10 Sec. 24C-14. Tabulating votes; direction; presence of 11 public; computer operator's log and canvass. The procedure 12 for tabulating the votes by the Direct Recording Electronic 13 Voting System shall be under the direction of the election 14 authority and shall conform to the requirements of the Direct 15 Recording Electronic Voting System. During any 16 election-related activity using the electronic Direct 17 Recording Electronic Voting System equipment, the election 18 authority shall dedicate the equipment to vote processing to 19 ensure the security and integrity of the system. 20 A reasonable number of pollwatchers shall be admitted to 21 the counting location. Persons may observe the tabulating 22 process at the discretion of the election authority; however, 23 at least one representative of each established political 24 party and authorized agents of the State Board of Elections 25 shall be permitted to observe this process at all times. No 26 persons except those employed and authorized for the purpose 27 shall touch any ballot, ballot box, return, or equipment. 28 The computer operator shall be designated by the election 29 authority and shall be sworn as a deputy of the election 30 authority. In conducting the vote tabulation and canvass, the 31 computer operator must maintain a log which shall include the 32 following information: 33 (1) alterations made to programs associated with -60- LRB9111855MWgc 1 the vote counting process; 2 (2) if applicable, console messages relating to the 3 program and the respective responses made by the 4 operator; 5 (3) the starting time for each precinct counted, 6 the number of ballots counted for each precinct, any 7 equipment problems and, insofar as practicable, the 8 number of invalid security designations encountered 9 during that count; and 10 (4) changes and repairs made to the equipment 11 during the vote tabulation and canvass. 12 The computer operator's log and canvass shall be 13 available for public inspection in the office of the election 14 authority for a period of 60 days following the proclamation 15 of election results. A copy of the computer operator's log 16 and the canvass shall be transmitted to the State Board of 17 Elections upon its request and at its expense. 18 (10 ILCS 5/24C-15 new) 19 Sec. 24C-15. Official return of precinct; check of 20 totals; audit. The precinct return printed by the Direct 21 Recording Electronic Voting System tabulating equipment shall 22 include the number of ballots cast, ballots cast by each 23 political party for a primary election, and votes cast for 24 each candidate and public question and shall constitute the 25 official return of each precinct. In addition to the 26 precinct return, the election authority shall provide the 27 number of applications for ballots in each precinct, the 28 total number of ballots counted in each precinct for each 29 political subdivision and district, and the number of 30 registered voters in each precinct. The election authority 31 shall check the totals shown by the precinct return and, if 32 there is an obvious discrepancy regarding the total number of 33 votes cast in any precinct, shall have the ballots for that -61- LRB9111855MWgc 1 precinct audited to correct the return. The procedures for 2 this audit shall apply prior to and after the proclamation is 3 completed; however, after the proclamation of results, the 4 election authority must obtain a court order to unseal voted 5 ballots except for election contests and discovery recounts. 6 The certificate of results, that has been prepared and signed 7 by the judges of election in the polling place and at the 8 election authority's office after the ballots have been 9 tabulated, shall be the document used for the canvass of 10 votes for the precinct. Whenever a discrepancy exists during 11 the canvass of votes between the unofficial results and the 12 certificate of results, or whenever a discrepancy exists 13 during the canvass of votes between the certificate of 14 results and the set of totals reflected on the certificate of 15 results, the ballots for that precinct shall be audited to 16 correct the return. 17 Prior to the proclamation, the election authority shall 18 test the voting devices and equipment in 5% of the precincts 19 within the election jurisdiction. The precincts to be tested 20 shall be selected after election day on a random basis by the 21 State Board of Elections, so that every precinct in the 22 election jurisdiction has an equal mathematical chance of 23 being selected. 24 The test shall be conducted by entering a preaudited 25 group of ballots marked to record a predetermined number of 26 valid votes for each candidate and on each public question, 27 and shall include for each office one or more ballots that 28 have votes in excess of the number allowed by law to test the 29 ability of the equipment to reject those 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 chairman of -62- LRB9111855MWgc 1 the county central committee of each established political 2 party, and qualified civic organizations shall be given prior 3 written notice of the time and place of the test and may be 4 represented at the test. 5 The results of this re-tabulation 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 test, the election authority 9 shall print a report showing the results of the test and any 10 errors encountered and the report shall be made available for 11 public inspection. 12 (10 ILCS 5/24C-15.01 new) 13 Sec. 24C-15.01. Transporting ballots to central counting 14 station; container. Upon completion of the tabulation, 15 audit, or test of voting equipment, if the election authority 16 so instructs, pursuant to Sections 24C-11 through 24C-15, the 17 voting equipment and ballots from each precinct shall be 18 replaced in the container in which they were transported to 19 the central counting station. If the container is not a type 20 that may be securely locked, then each container, before 21 being transferred from the counting station to storage, shall 22 be sealed with filament tape wrapped around the container 23 lengthwise and crosswise, at least twice each way, and in a 24 manner that the equipment and ballots cannot be removed from 25 the container without breaking the tape. 26 (10 ILCS 5/24C-15.1 new) 27 Sec. 24B-15.1. Discovery recounts and election contests. 28 Discovery recounts and election contests shall be conducted 29 as otherwise provided for in this Code. The Direct Recording 30 Electronic Voting System equipment shall be tested prior to 31 the discovery recount or election contest as provided in 32 Section 24C-9 and then the official ballots shall be audited. -63- LRB9111855MWgc 1 The log of the computer operator and all materials 2 retained by the election authority in relation to vote 3 tabulation and canvass shall be made available for any 4 discovery recount or election contest. 5 (10 ILCS 5/24C-16 new) 6 Sec. 24C-16. Approval of Direct Recording Electronic 7 Voting Systems; requisites. The State Board of Elections 8 shall approve all Direct Recording Electronic Voting Systems 9 provided by this Article. 10 No Direct Recording Electronic Voting System shall be 11 approved unless it fulfills the following requirements: 12 (1) It enables a voter to vote in absolute secrecy, 13 except in the case of voters who receive assistance as 14 provided in this Code. 15 (2) It enables each voter to vote at an election 16 for all persons and offices for whom and for which the 17 voter is lawfully entitled to vote, to vote for as many 18 persons for an office as the voter is entitled to vote 19 for, and to vote for or against any public question upon 20 which the voter is entitled to vote, but no other. 21 (3) It will detect and reject all votes for an 22 office or upon a public question when the voter has cast 23 more votes for the office or upon the public question 24 than he or she is entitled to cast; provided, however, 25 that it will inform a voter that the voter's choices as 26 recorded on the ballot for an office or public question 27 exceeds the number that the voter is entitled to vote for 28 on that office or public question and will offer the 29 voter an opportunity to correct the error before 30 rejecting the choices recorded on the voter's ballot. 31 (4) It will enable each voter in primary elections 32 to vote only for the candidates of the political party 33 with which he or she had declared affiliation and -64- LRB9111855MWgc 1 preclude the voter from voting for any candidate of any 2 other political party. 3 (5) It enables a voter to vote a split ticket 4 selected in part from the nominees of one party, in part 5 from the nominees of any or all parties, in part from 6 independent candidates, and in part of candidates whose 7 names are written in by the voter. 8 (6) It enables a voter, at a Presidential election, 9 by a single selection to vote for the candidates of a 10 political party for Presidential electors. 11 (7) It will prevent anyone voting for the same 12 person more than once for the same office. 13 (8) It will record and count accurately each vote 14 properly cast for or against any candidate and for or 15 against any public question, including the names of all 16 candidates whose names are written in by the voters. 17 (9) It will be capable of merging the vote 18 tabulation results produced by other vote tabulation 19 systems, if necessary. 20 (10) It will provide a means for sealing and 21 resealing the vote recording devices to prevent their 22 unauthorized use and to prevent tampering with ballot 23 labels. 24 (11) It will be suitably designed for the purpose 25 used, be durably constructed, and be designed for safety, 26 accuracy, and efficiency. 27 (12) It will be designed to accommodate the needs 28 of elderly, handicapped, and disabled voters. 29 (13) It will enable a voter to vote for a person 30 whose name does not appear on the ballot. 31 (14) It will be designed to ensure that vote 32 recording devices or electronic tabulating equipment that 33 count votes at the precinct will not be capable of 34 reporting vote totals before the close of the polls. -65- LRB9111855MWgc 1 (15) It will provide an audit trail. 2 The State Board of Elections is authorized to withdraw 3 its approval of a Direct Recording Electronic Voting System 4 if the system fails to fulfill the above requirements. 5 No vendor, person, or other entity may sell, lease, or 6 loan a Direct Recording Electronic Voting System or system 7 component to any election jurisdiction unless the system or 8 system component is first approved by the State Board of 9 Elections pursuant to this Section. 10 (10 ILCS 5/24C-17 new) 11 Sec. 24C-17. Rules; number of voting booths. The State 12 Board of Elections may make reasonable rules for the 13 administration of this Article and may prescribe the number 14 of voting booths required for the various types of voting 15 systems. 16 (10 ILCS 5/24C-18 new) 17 Sec. 24C-18. Specimen ballots; publication. When a 18 Direct Recording Electronic Voting System is used, the 19 election authority shall cause to be published, at least 5 20 days before the day of each general and general primary 21 election, in 2 or more newspapers published in and having a 22 general circulation in the county, a true and legible copy of 23 the specimen ballot containing the names of offices, 24 candidates, and public questions to be voted on, as near as 25 may be, in the form in which they will appear on the official 26 ballot on election day. A true legible copy may be in the 27 form of an actual size ballot and shall be published as 28 required by this Section if distributed in 2 or more 29 newspapers published and having a general circulation in the 30 county as an insert. For each election prescribed in Article 31 2A of this Code, specimen ballots shall be made available for 32 public distribution and shall be supplied to the judges of -66- LRB9111855MWgc 1 election for posting in the polling place on the day of 2 election. Notice for the consolidated primary and 3 consolidated elections shall be given as provided in Article 4 12. 5 (10 ILCS 5/24C-19 new) 6 Sec. 24C-19. Additional method of voting. This Article 7 shall be deemed to provide a method of voting in addition to 8 the methods otherwise provided in this Code. 9 (10 ILCS 5/24C-20 new) 10 Sec. 24C-20. Application. This amendatory Act of the 11 91st General Assembly applies only to elections conducted on 12 or after January 1, 2001. -67- LRB9111855MWgc 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/7-19 from Ch. 46, par. 7-19 4 10 ILCS 5/7-46 from Ch. 46, par. 7-46 5 10 ILCS 5/7-47 from Ch. 46, par. 7-47 6 10 ILCS 5/7-49 from Ch. 46, par. 7-49 7 10 ILCS 5/7-52 from Ch. 46, par. 7-52 8 10 ILCS 5/7-53 from Ch. 46, par. 7-53 9 10 ILCS 5/7-54 from Ch. 46, par. 7-54 10 10 ILCS 5/7-55 from Ch. 46, par. 7-55 11 10 ILCS 5/7-66 12 10 ILCS 5/15-6 13 10 ILCS 5/16-11 14 10 ILCS 5/17-9 from Ch. 46, par. 17-9 15 10 ILCS 5/17-43 16 10 ILCS 5/18-5 from Ch. 46, par. 18-5 17 10 ILCS 5/18-40 18 10 ILCS 5/19-2.1 from Ch. 46, par. 19-2.1 19 10 ILCS 5/19-7 from Ch. 46, par. 19-7 20 10 ILCS 5/19-8 from Ch. 46, par. 19-8 21 10 ILCS 5/19-9 from Ch. 46, par. 19-9 22 10 ILCS 5/19-10 from Ch. 46, par. 19-10 23 10 ILCS 5/19-12.2 from Ch. 46, par. 19-12.2 24 10 ILCS 5/19-15 25 10 ILCS 5/20-2 from Ch. 46, par. 20-2 26 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1 27 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2 28 10 ILCS 5/20-7 from Ch. 46, par. 20-7 29 10 ILCS 5/20-8 from Ch. 46, par. 20-8 30 10 ILCS 5/20-9 from Ch. 46, par. 20-9 31 10 ILCS 5/20-15 32 10 ILCS 5/Art. 24C heading new 33 10 ILCS 5/24C-1 new 34 10 ILCS 5/24C-2 new -68- LRB9111855MWgc 1 10 ILCS 5/24C-3 new 2 10 ILCS 5/24C-3.1 new 3 10 ILCS 5/24C-4 new 4 10 ILCS 5/24C-5 new 5 10 ILCS 5/24C-5.1 new 6 10 ILCS 5/24C-5.2 new 7 10 ILCS 5/24C-6 new 8 10 ILCS 5/24C-6.1 new 9 10 ILCS 5/24C-7 new 10 10 ILCS 5/24C-8 new 11 10 ILCS 5/24C-9 new 12 10 ILCS 5/24C-10 new 13 10 ILCS 5/24C-11 new 14 10 ILCS 5/24C-12 new 15 10 ILCS 5/24C-13 new 16 10 ILCS 5/24C-14 new 17 10 ILCS 5/24C-15 new 18 10 ILCS 5/24C-15.01 new 19 10 ILCS 5/24C-15.1 new 20 10 ILCS 5/24C-16 new 21 10 ILCS 5/24C-17 new 22 10 ILCS 5/24C-18 new 23 10 ILCS 5/24C-19 new 24 10 ILCS 5/24C-20 new