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92_HB3147ham001
LRB9204365JMmbam02
1 AMENDMENT TO HOUSE BILL 3147
2 AMENDMENT NO. . Amend House Bill 3147 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Election Code is amended by changing
5 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55,
6 7-66, 15-6, 16-11, 17-43, 18-40, 19-15, 20-15, 24A-2,
7 24A-6.1, 24A-7, 24A-8, 24A-9, 24A-10.1, 24A-14, 24B-2,
8 24B-10.1, and 24B-14 and adding Section 1A-20 as follows:
9 (10 ILCS 5/1A-20 new)
10 Sec. 1A-20. In-precinct automatic counting equipment
11 reimbursement. The State Board of Elections, from moneys
12 appropriated for this purpose, shall develop and administer a
13 program of grants to election authorities for the costs of
14 acquiring, leasing, or upgrading in-precinct automatic
15 counting equipment with voting defect identification as
16 provided in Articles 24A and 24B of this Code. An election
17 authority may apply to the State Board for reimbursement,
18 subject to appropriation, of up to 100% of the election
19 authority's cost of acquiring or leasing new equipment or
20 upgrading existing equipment owned or leased by the election
21 authority in order to implement voting defect identification
22 technology. For the purpose of this program, acquisition or
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1 lease of new equipment includes, but is not limited to,
2 acquisition or lease before the effective date of this
3 amendatory Act of the 92nd General Assembly of equipment used
4 after the effective date of this amendatory Act of the 92nd
5 General Assembly.
6 The State Board of Elections shall adopt rules necessary
7 for the implementation of this Section.
8 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
9 Sec. 7-19. The primary ballot of each political party for
10 each precinct shall be arranged and printed substantially in
11 the manner following:
12 1. Designating words. At the top of the ballot shall be
13 printed in large capital letters, words designating the
14 ballot, if a Republican ballot, the designating words shall
15 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
16 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
17 in like manner for each political party.
18 2. Order of Names, Directions to Voters, etc. Beginning
19 not less than one inch below designating words, the name of
20 each office to be filled shall be printed in capital letters.
21 Such names may be printed on the ballot either in a single
22 column or in 2 or more columns and in the following order,
23 to-wit:
24 President of the United States, State offices,
25 congressional offices, delegates and alternate delegates to
26 be elected from the State at large to National nominating
27 conventions, delegates and alternate delegates to be elected
28 from congressional districts to National nominating
29 conventions, member or members of the State central
30 committee, trustees of sanitary districts, county offices,
31 judicial officers, city, village and incorporated town
32 offices, town offices, or of such of the said offices as
33 candidates are to be nominated for at such primary, and
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1 precinct, township or ward committeemen. If two or more
2 columns are used, the foregoing offices to and including
3 member of the State central committee shall be listed in the
4 left-hand column and Senatorial offices, as defined in
5 Section 8-3, shall be the first offices listed in the second
6 column.
7 Below the name of each office shall be printed in small
8 letters the directions to voters: "Vote for one"; "Vote for
9 two"; "Vote for three"; or a spelled number designating how
10 many persons under that head are to be voted for.
11 Next to the name of each candidate for delegate or
12 alternate delegate to a national nominating convention shall
13 appear either (a) the name of the candidate's preference for
14 President of the United States or the word "uncommitted" or
15 (b) no official designation, depending upon the action taken
16 by the State central committee pursuant to Section 7-10.3 of
17 this Act.
18 Below the name of each office shall be printed in capital
19 letters the names of all candidates, arranged in the order in
20 which their petitions for nominations were filed, except as
21 otherwise provided in Sections 7-14 and 7-17 of this Article.
22 Opposite and in front of the name of each candidate shall be
23 printed a square and all squares upon the primary ballot
24 shall be of uniform size. Spaces between the names of
25 candidates under each office shall be uniform and sufficient
26 spaces shall separate the names of candidates for one office
27 from the names of candidates for another office, to avoid
28 confusion and to permit the writing in of the names of other
29 candidates.
30 Where voting machines or electronic voting systems are
31 used, the provisions of this Section may be modified as
32 required or authorized by Article 24, or Article 24A, or
33 Article 24B, whichever is applicable.
34 (Source: P.A. 83-33.)
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1 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
2 Sec. 7-46. On receiving from the primary judges a primary
3 ballot of his party, the primary elector shall forthwith and
4 without leaving the polling place, retire alone to one of the
5 voting booths and prepare such primary ballot by marking a
6 cross (X) in the square in front of and opposite the name of
7 each candidate of his choice for each office to be filled,
8 and for delegates and alternate delegates to national
9 nominating conventions, and for committeemen, if committeemen
10 are being elected at such primary.
11 Any primary elector may, instead of voting for any
12 candidate for nomination or for committeeman or for delegate
13 or alternate delegate to national nominating conventions,
14 whose name is printed on the primary ballot, write in the
15 name of any other person affiliated with such party as a
16 candidate for the nomination for any office, or for
17 committeeman, or for delegates or alternate delegates to
18 national nominating conventions, and indicate his choice of
19 such candidate or committeeman or delegate or alternate
20 delegate, by placing to the left of and opposite the name
21 thus written a square and placing in the square a cross (X).
22 Where voting machines or electronic voting systems are
23 used, the provisions of this section may be modified as
24 required or authorized by Article 24, or Article 24A, or
25 Article 24B, whichever is applicable.
26 (Source: Laws 1965, p. 2220.)
27 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
28 Sec. 7-47. Before leaving the booth, the primary elector
29 shall fold his primary ballot in such manner as to conceal
30 the marks thereon. Such voter shall then vote forthwith by
31 handing the primary judge the primary ballot received by such
32 voter. Thereupon the primary judge shall deposit such primary
33 ballot in the ballot box. One of the judges shall thereupon
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1 enter in the primary poll book the name of the primary
2 elector, his residence and his party affiliation or shall
3 make the entries on the official poll record as required by
4 articles 4, 5 and 6, if any one of them is applicable.
5 Where voting machines or electronic voting systems are
6 used, the provisions of this section may be modified as
7 required or authorized by Article 24, or Article 24A, Article
8 24B, whichever is applicable.
9 (Source: Laws 1965, p. 2220.)
10 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
11 Sec. 7-49. After the opening of the polls at a primary no
12 adjournment shall be had nor recess taken until the canvass
13 of all the votes is completed and the returns carefully
14 enveloped and sealed.
15 Where voting machines or electronic voting systems are
16 used, the provisions of this section may be modified as
17 required or authorized by Article 24, or Article 24A, or
18 Article 24B, whichever is applicable.
19 (Source: Laws 1965, p. 2220.)
20 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
21 Sec. 7-52. Immediately upon closing the polls, the
22 primary judges shall proceed to canvass the votes in the
23 manner following:
24 (1) They shall separate and count the ballots of each
25 political party.
26 (2) They shall then proceed to ascertain the number of
27 names entered on the applications for ballot under each party
28 affiliation.
29 (3) If the primary ballots of any political party exceed
30 the number of applications for ballot by voters of such
31 political party, the primary ballots of such political party
32 shall be folded and replaced in the ballot box, the box
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1 closed, well shaken and again opened and one of the primary
2 judges, who shall be blindfolded, shall draw out so many of
3 the primary ballots of such political party as shall be equal
4 to such excess. Such excess ballots shall be marked
5 "Excess-Not Counted" and signed by a majority of the judges
6 and shall be placed in the "After 6:00 p.m. Defective Ballots
7 Envelope". The number of excess ballots shall be noted in the
8 remarks section of the Certificate of Results. "Excess"
9 ballots shall not be counted in the total of "defective"
10 ballots;
11 (4) The primary judges shall then proceed to count the
12 primary ballots of each political party separately; and as
13 the primary judges shall open and read the primary ballots, 3
14 of the judges shall carefully and correctly mark upon
15 separate tally sheets the votes which each candidate of the
16 party whose name is written or printed on the primary ballot
17 has received, in a separate column for that purpose, with the
18 name of such candidate, the name of his political party and
19 the name of the office for which he is a candidate for
20 nomination at the head of such column.
21 Where voting machines or electronic voting systems are
22 used, the provisions of this section may be modified as
23 required or authorized by Article 24, or Article 24A, or
24 Article 24B, whichever is applicable.
25 (Source: P.A. 80-484.)
26 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
27 Sec. 7-53. As soon as the ballots of a political party
28 shall have been read and the votes of the political party
29 counted, as provided in the last above section, the 3 judges
30 in charge of the tally sheets shall foot up the tally sheets
31 so as to show the total number of votes cast for each
32 candidate of the political party and for each candidate for
33 State Central committeeman and precinct committeeman,
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1 township committeeman or ward committeeman, and delegate and
2 alternate delegate to National nominating conventions, and
3 certify the same to be correct. Thereupon, the primary judges
4 shall set down in a certificate of results on the tally
5 sheet, under the name of the political party, the name of
6 each candidate voted for upon the primary ballot, written at
7 full length, the name of the office for which he is a
8 candidate for nomination or for committeeman, or delegate or
9 alternate delegate to National nominating conventions, the
10 total number of votes which the candidate received, and they
11 shall also set down the total number of ballots voted by the
12 primary electors of the political party in the precinct. The
13 certificate of results shall be made substantially in the
14 following form:
15 ................ Party
16 At the primary election held in the .... precinct of the
17 (1) *township of ...., or (2) *City of ...., or (3) *....
18 ward in the city of .... on (insert date), the primary
19 electors of the .... party voted .... ballots, and the
20 respective candidates whose names were written or printed on
21 the primary ballot of the .... party, received respectively
22 the following votes:
23 Name of No. of
24 Candidate, Title of Office, Votes
25 John Jones Governor 100
26 Sam Smith Governor 70
27 Frank Martin Attorney General 150
28 William Preston Rep. in Congress 200
29 Frederick John Circuit Judge 50
30 *Fill in either (1), (2) or (3).
31 And so on for each candidate.
32 We hereby certify the above and foregoing to be true and
33 correct.
34 Dated (insert date).
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1 ...................................
2 Name Address
3 ...................................
4 Name Address
5 ...................................
6 Name Address
7 ...................................
8 Name Address
9 ...................................
10 Name Address
11 Judges of Primary
12 Where voting machines or electronic voting systems are
13 used, the provisions of this Section may be modified as
14 required or authorized by Article 24, and Article 24A, or
15 Article 24B, whichever is applicable.
16 (Source: P.A. 91-357, eff. 7-29-99.)
17 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
18 Sec. 7-54. After the votes of a political party have been
19 counted and set down and the tally sheets footed and the
20 entry made in the primary poll books or return, as above
21 provided, all the primary ballots of said political party,
22 except those marked "defective" or "objected to" shall be
23 securely bound, lengthwise and in width, with a soft cord
24 having a minimum tensile strength of 60 pounds separately for
25 each political party in the order in which said primary
26 ballots have been read, and shall thereupon be carefully
27 sealed in an envelope, which envelope shall be endorsed as
28 follows:
29 "Primary ballots of the.... party of the.... precinct of
30 the county of.... and State of Illinois."
31 Below each endorsement, each primary judge shall write
32 his name.
33 Immediately thereafter the judges shall designate one of
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1 their number to go to the nearest telephone and report to the
2 office of the county clerk or board of election commissioners
3 (as the case may be) the results of such primary. Such clerk
4 or board shall keep his or its office open after the close of
5 the polls until he or it has received from each precinct
6 under his or its jurisdiction the report above provided for.
7 Immediately upon receiving such report such clerk or board
8 shall cause the same to be posted in a public place in his or
9 its office for inspection by the public. Immediately after
10 making such report such judge shall return to the polling
11 place.
12 Where voting machines or electronic voting systems are
13 used, the provisions of this section may be modified as
14 required or authorized by Article 24, or Article 24A, or
15 Article 24B, whichever is applicable.
16 (Source: P.A. 81-1433.)
17 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
18 Sec. 7-55. The primary poll books or the official poll
19 record, and the tally sheets with the certificates of the
20 primary judges written thereon, together with the envelopes
21 containing the ballots, including the envelope containing the
22 ballots marked "defective" or "objected to", shall be
23 carefully enveloped and sealed up together, properly
24 endorsed, and the primary judges shall elect 2 judges (one
25 from each of the major political parties), who shall
26 immediately deliver the same to the clerk from whom the
27 primary ballots were obtained, which clerk shall safely keep
28 the same for 2 months, and thereafter shall safely keep the
29 poll books until the next primary. Each election authority
30 shall keep the office of the election authority, or any
31 receiving stations designated by such authority, open for at
32 least 12 consecutive hours after the polls close, or until
33 the judges of each precinct under the jurisdiction of the
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1 election authority have delivered to the election authority
2 all the above materials sealed up together and properly
3 endorsed as provided herein. Materials delivered to the
4 election authority which are not in the condition required by
5 this Section shall not be accepted by the election authority
6 until the judges delivering the same make and sign the
7 necessary corrections. Upon acceptance of the materials by
8 the election authority, the judges delivering the same shall
9 take a receipt signed by the election authority and stamped
10 with the time and date of such delivery. The election judges
11 whose duty it is to deliver any materials as above provided
12 shall, in the event such materials cannot be found when
13 needed, on proper request, produce the receipt which they are
14 to take as above provided.
15 The county clerk or board of election commissioners shall
16 deliver a copy of each tally sheet to the county chairmen of
17 the two largest political parties.
18 Where voting machines or electronic voting systems are
19 used, the provisions of this section may be modified as
20 required or authorized by Article 24, and Article 24A, or
21 Article 24B, whichever is applicable.
22 (Source: P.A. 83-764.)
23 (10 ILCS 5/7-66)
24 Sec. 7-66. Electronic voting systems; precinct
25 tabulation optical scan technology voting equipment.
26 If the election authority has adopted the use of
27 electronic voting systems pursuant to Article 24A of this
28 Code or Precinct Tabulation Optical Scan Technology voting
29 equipment pursuant to Article 24B of this Code, and the
30 provisions of those Articles the Article are in conflict with
31 the provisions of this Article 7, the provisions of Article
32 24A or Article 24B, as the case may be, shall govern the
33 procedures followed by the election authority, its judges of
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1 elections, and all employees and agents. In following the
2 provisions of Article 24A or Article 24B, the election
3 authority is authorized to develop and implement procedures
4 to fully utilize electronic voting systems or Precinct
5 Tabulation Optical Scan Technology voting equipment
6 authorized by the State Board of Elections as long as the
7 procedure is not in conflict with Article 24A, either Article
8 24B, or the administrative rules of the State Board of
9 Elections.
10 (Source: P.A. 89-394, eff. 1-1-97.)
11 (10 ILCS 5/15-6)
12 Sec. 15-6. Electronic voting systems; precinct
13 tabulation optical scan technology voting equipment.
14 If the election authority has adopted the use of
15 electronic voting systems pursuant to Article 24A of this
16 Code or Precinct Tabulation Optical Scan Technology voting
17 equipment pursuant to Article 24B of this Code, and the
18 provisions of those Articles the Article are in conflict with
19 the provisions of this Article 15, the provisions of Article
20 24A or Article 24B, as the case may be, shall govern the
21 procedures followed by the election authority, its judges of
22 elections, and all employees and agents. In following the
23 provisions of Article 24A or Article 24B, the election
24 authority is authorized to develop and implement procedures
25 to fully utilize electronic voting systems or Precinct
26 Tabulation Optical Scan Technology voting equipment
27 authorized by the State Board of Elections as long as the
28 procedure is not in conflict with Article 24A, either Article
29 24B, or the administrative rules of the State Board of
30 Elections.
31 (Source: P.A. 89-394, eff. 1-1-97.)
32 (10 ILCS 5/16-11)
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1 Sec. 16-11. Electronic voting systems; precinct
2 tabulation optical scan technology voting equipment.
3 If the election authority has adopted the use of
4 electronic voting systems pursuant to Article 24A of this
5 Code or Precinct Tabulation Optical Scan Technology voting
6 equipment pursuant to Article 24B of this Code, and the
7 provisions of those Articles the Article are in conflict with
8 the provisions of this Article 16, the provisions of Article
9 24A or Article 24B, as the case may be, shall govern the
10 procedures followed by the election authority, its judges of
11 elections, and all employees and agents. In following the
12 provisions of Article 24A or Article 24B, the election
13 authority is authorized to develop and implement procedures
14 to fully utilize electronic voting systems or Precinct
15 Tabulation Optical Scan Technology voting equipment
16 authorized by the State Board of Elections as long as the
17 procedure is not in conflict with Article 24A, either Article
18 24B, or the administrative rules of the State Board of
19 Elections.
20 (Source: P.A. 89-394, eff. 1-1-97.)
21 (10 ILCS 5/17-43)
22 Sec. 17-43. Electronic voting systems; precinct
23 tabulation optical scan technology voting equipment.
24 If the election authority has adopted the use of
25 electronic voting systems pursuant to Article 24A of this
26 Code or Precinct Tabulation Optical Scan Technology voting
27 equipment pursuant to Article 24B of this Code, and the
28 provisions of those Articles the Article are in conflict with
29 the provisions of this Article 17, the provisions of Article
30 24A or Article 24B, as the case may be, shall govern the
31 procedures followed by the election authority, its judges of
32 elections, and all employees and agents. In following the
33 provisions of Article 24A or Article 24B, the election
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1 authority is authorized to develop and implement procedures
2 to fully utilize electronic voting systems or Precinct
3 Tabulation Optical Scan Technology voting equipment
4 authorized by the State Board of Elections as long as the
5 procedure is not in conflict with either Article 24A, Article
6 24B, or the administrative rules of the State Board of
7 Elections.
8 (Source: P.A. 89-394, eff. 1-1-97.)
9 (10 ILCS 5/18-40)
10 Sec. 18-40. Electronic voting systems; precinct
11 tabulation optical scan technology voting equipment.
12 If the election authority has adopted the use of
13 electronic voting systems pursuant to Article 24A of this
14 Code or Precinct Tabulation Optical Scan Technology voting
15 equipment pursuant to Article 24B of this Code, and the
16 provisions of those Articles the Article are in conflict with
17 the provisions of this Article 18, the provisions of Article
18 24A or Article 24B, as the case may be, shall govern the
19 procedures followed by the election authority, its judges of
20 elections, and all employees and agents. In following the
21 provisions of Article 24A or Article 24B, the election
22 authority is authorized to develop and implement procedures
23 to fully utilize electronic voting systems or Precinct
24 Tabulation Optical Scan Technology voting equipment
25 authorized by the State Board of Elections as long as the
26 procedure is not in conflict with either Article 24A, Article
27 24B, or the administrative rules of the State Board of
28 Elections.
29 (Source: P.A. 89-394, eff. 1-1-97.)
30 (10 ILCS 5/19-15)
31 Sec. 19-15. Electronic voting systems; precinct
32 tabulation optical scan technology voting equipment.
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1 If the election authority has adopted the use of
2 electronic voting systems pursuant to Article 24A of this
3 Code or Precinct Tabulation Optical Scan Technology voting
4 equipment pursuant to Article 24B of this Code, and the
5 provisions of those Articles the Article are in conflict with
6 the provisions of this Article 19, the provisions of Article
7 24A or Article 24B, as the case may be, shall govern the
8 procedures followed by the election authority, its judges of
9 elections, and all employees and agents. In following the
10 provisions of Article 24A or Article 24B, the election
11 authority is authorized to develop and implement procedures
12 to fully utilize electronic voting systems or Precinct
13 Tabulation Optical Scan Technology voting equipment
14 authorized by the State Board of Elections as long as the
15 procedure is not in conflict with Article 24A, either Article
16 24B, or the administrative rules of the State Board of
17 Elections.
18 (Source: P.A. 89-394, eff. 1-1-97.)
19 (10 ILCS 5/20-15)
20 Sec. 20-15. Electronic voting systems; precinct
21 tabulation optical scan technology voting equipment.
22 If the election authority has adopted the use of
23 electronic voting systems pursuant to Article 24A of this
24 Code or Precinct Tabulation Optical Scan Technology voting
25 equipment pursuant to Article 24B of this Code, and the
26 provisions of those Articles the Article are in conflict with
27 the provisions of this Article 20, the provisions of Article
28 24A or Article 24B, as the case may be, shall govern the
29 procedures followed by the election authority, its judges of
30 elections, and all employees and agents. In following the
31 provisions of Article 24A or Article 24B, the election
32 authority is authorized to develop and implement procedures
33 to fully utilize electronic voting systems or Precinct
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1 Tabulation Optical Scan Technology voting equipment
2 authorized by the State Board of Elections as long as the
3 procedure is not in conflict with Article 24A, either Article
4 24B, or the administrative rules of the State Board of
5 Elections.
6 (Source: P.A. 89-394, eff. 1-1-97.)
7 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
8 Sec. 24A-2. As used in this Article: "Computer",
9 "Automatic tabulating equipment" or "equipment" includes
10 apparatus necessary to automatically examine and count votes
11 as designated on ballots, and data processing machines which
12 can be used for counting ballots and tabulating results.
13 "Ballot card" means a ballot which is voted by the
14 process of punching.
15 "Ballot configuration" means the particular combination
16 of political subdivision ballots including, for each
17 political subdivision, the particular combination of offices,
18 candidate names and ballot position numbers for each
19 candidate and question as it appears for each group of voters
20 who may cast the same ballot.
21 "Ballot labels" means the cards, papers, booklet, pages
22 or other material containing the names of officers and
23 candidates and statements of measures to be voted on.
24 "Ballot sheet" means a paper ballot printed on one or
25 both sides which is (1) designed and prepared so that the
26 voter may indicate his or her votes in designated areas,
27 which must be enclosed areas clearly printed or otherwise
28 delineated for such purpose, and (2) capable of having votes
29 marked in the designated areas automatically examined,
30 counted, and tabulated by an electronic scanning process.
31 "Ballot" may include ballot cards, ballot labels and
32 paper ballots.
33 "Separate ballot", with respect to ballot sheets, means a
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1 separate portion of the ballot sheet in which the color of
2 the ink used in printing that portion of the ballot sheet is
3 distinct from the color of the ink used in printing any other
4 portion of the ballot sheet.
5 "Column" in an electronic voting system which utilizes a
6 ballot card means a space on a ballot card for punching the
7 voter's vote arranged in a row running lengthwise on the
8 ballot card.
9 "Central Counting" means the counting of ballots in one
10 or more locations selected by the election authority for the
11 processing or counting, or both, of ballots. A location for
12 central counting shall be within the territorial jurisdiction
13 of such election authority unless there is no suitable
14 tabulating equipment available within his territorial
15 jurisdiction. However, in any event a counting location shall
16 be within this State.
17 "In-precinct counting" means the counting of ballots on
18 automatic tabulating equipment provided by the election
19 authority in the same precinct polling place in which those
20 ballots have been cast.
21 "Computer operator" means any person or persons
22 designated by the election authority to operate the automatic
23 tabulating equipment during any portion of the vote tallying
24 process in an election, but shall not include judges of
25 election operating vote tabulating equipment in the precinct.
26 "Computer program" or "program" means the set of
27 operating instructions for the automatic tabulating equipment
28 by which it examines, counts, tabulates, canvasses and prints
29 votes recorded by a voter on a ballot card or other medium.
30 "Edit listing" means a computer generated listing of the
31 names and ballot position numbers for each candidate and
32 proposition as they appear in the program for each precinct.
33 "Voting System" or "Electronic Voting System" means that
34 combination of equipment and programs used in the casting,
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1 examination and tabulation of ballots and the cumulation and
2 reporting of results by electronic means.
3 "Header card" or "program card" means a data processing
4 card which is coded to indicate to the computer the precinct
5 identity of the ballot cards that will follow immediately and
6 may indicate to the computer how such ballot cards are to be
7 tabulated.
8 "Marking device" means either an apparatus in which
9 ballots or ballot cards are inserted and used in connection
10 with a punch apparatus for the piercing of ballots by the
11 voter, or any approved device for marking a paper ballot with
12 ink or other substance which will enable the ballot to be
13 tabulated by means of automatic tabulating equipment or by an
14 electronic scanning process.
15 "Precinct program memory medium" or "PPMM" means the
16 program disc or pack of an in-precinct computer tabulator
17 that is programmed for a single precinct and that may be
18 activated by means other than a header card or precinct
19 identifier card to indicate to the automatic tabulating
20 equipment the precinct identity of the ballot cards to be
21 counted by the tabulator and how such ballot cards are to be
22 counted.
23 "Public counter" means a mechanical or electronic display
24 on in-precinct automatic tabulating equipment that displays
25 the number of ballots counted by the equipment. Public
26 counters shall not display any vote totals.
27 "Redundant count" means a verification of the original
28 computer count by another count using compatible equipment or
29 by hand as part of a discovery recount.
30 "Security punch" means a punch placed on a ballot card to
31 identify to the computer program the offices and propositions
32 for which votes may be cast and to indicate the manner in
33 which votes cast should be tabulated while negating any
34 inadmissable votes.
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1 "Security sleeve" or "security envelope" means an opaque
2 envelope or sleeve into which a voted ballot card shall be
3 inserted that fully covers all votes cast on the ballot and
4 that permits the ballot to be inserted into the automatic
5 tabulating equipment from within the envelope or sleeve
6 without public observation of the votes cast on the ballot.
7 "Voting defect" means an overvoted ballot, an undervoted
8 ballot, a ballot that cannot be read by automatic tabulating
9 equipment, or a ballot that does not contain the initials of
10 a judge of election.
11 "Voting defect identification" means the capability to
12 detect ballots that contain a voting defect.
13 (Source: P.A. 86-867.)
14 (10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1)
15 Sec. 24A-6.1. In all elections conducted pursuant to
16 this Article, ballot cards shall have a security punch. In
17 precincts where more than one ballot configuration may be
18 voted upon, ballot cards shall have a different security
19 punch for each ballot configuration. If a precinct has only
20 one possible ballot configuration, the ballot cards must have
21 a security punch to identify the election. Where ballot
22 cards from more than one precinct are being tabulated,
23 precinct header cards or program cards shall also be used:
24 official results shall not be generated unless the precinct
25 identification of the header cards or program cards for any
26 precinct correspond. Where the tabulating equipment being
27 used requires entering the program immediately prior to
28 tabulating the ballot cards for each precinct, the precinct
29 program may be used in lieu of header cards.
30 (Source: P.A. 82-1014.)
31 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
32 Sec. 24A-7. A separate write-in ballot, which may be in
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1 the form of a paper ballot, card, extended stub of a ballot
2 card, security or envelope, or security sleeve in which the
3 elector places his ballot card after voting, shall be
4 designated and provided by the election authority if
5 necessary to permit electors to write in the names of persons
6 whose names are not on the ballot. The ballots, ballot cards,
7 and security ballot card envelopes or sleeves may, at the
8 discretion of the election authority, be printed on white
9 paper and then striped with the appropriate colors. When an
10 electronic voting system is used which utilizes a ballot stub
11 of the ballot card, each ballot card envelope shall contain
12 the write-in form and information required by Section 16-3 of
13 this Act.
14 (Source: P.A. 83-110.)
15 (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
16 Sec. 24A-8. The county clerk or board of election
17 commissioners, as the case may be, shall cause the marking
18 devices to be put in order, set, adjusted and made ready for
19 voting when delivered to the polling places. Before the
20 opening of the polls the judges of election shall compare the
21 ballots used in the marking devices with the specimen ballots
22 furnished and see that the names, numbers and letters thereon
23 agree and shall certify thereto on forms provided by the
24 county clerk or board of election commissioners, as the case
25 may be.
26 In addition, in those polling places where in-precinct
27 counting equipment is utilized, the judges of election shall
28 make an operational check of the automatic tabulating
29 equipment before the opening of the polls. Either
30 instructions for activating the precincts program memory
31 medium or a precinct identification card provided by the
32 election authority shall be entered into the automatic
33 tabulating equipment to ensure that the totals are all zeroes
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1 in the count column on the printing unit.
2 Pollwatchers as provided by law shall be permitted to
3 closely observe the judges in these procedures and to
4 periodically inspect the equipment when not in use by the
5 voters to see that the ballot labels are in proper position
6 and have not been marked upon or mutilated.
7 (Source: P.A. 82-1014.)
8 (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
9 Sec. 24A-9. Prior to the public test, the election
10 authority shall conduct an errorless pre-test of the
11 automatic tabulating equipment and program to ascertain that
12 they will correctly count the votes cast for all offices and
13 all measures. On any day not less than 5 days prior to the
14 election day, the election authority shall publicly test the
15 automatic tabulating equipment and program to ascertain that
16 they will correctly count the votes cast for all offices and
17 on all measures. Public notice of the time and place of the
18 test shall be given at least 48 hours prior thereto by
19 publication once in one or more newspapers published within
20 the election jurisdiction of the election authority if a
21 newspaper is published therein, otherwise in a newspaper of
22 general circulation therein. Timely written notice stating
23 the date, time and location of the public test shall also be
24 provided to the State Board of Elections. The test shall be
25 open to representatives of the political parties, the press,
26 representatives of the State Board of Elections, and the
27 public. The test shall be conducted by processing a
28 preaudited group of ballots so punched or marked as to record
29 a predetermined number of valid votes for each candidate and
30 on each measure, and shall include for each office one or
31 more ballots which have votes in excess of the number allowed
32 by law in order to test the ability of the automatic
33 tabulating equipment to reject such votes. Such test shall
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1 also include the use of precinct header cards or precinct
2 program memory medium and may include the production of an
3 edit listing. In those election jurisdictions where
4 in-precinct counting equipment is utilized, a public test of
5 both such equipment and program shall be conducted as nearly
6 as possible in the manner prescribed above. The State Board
7 of Elections may select as many election jurisdictions as the
8 Board deems advisable in the interests of the election
9 process of this State in which to order a special test of the
10 automatic tabulating equipment and program prior to any
11 regular election. The Board may order a special test in any
12 election jurisdiction where, during the preceding twelve
13 months, computer programming errors or other errors in the
14 use of electronic voting systems resulted in vote tabulation
15 errors. Not less than 30 days prior to any election, the
16 State Board of Elections shall provide written notice to
17 those selected jurisdictions of their intent to conduct a
18 test. Within 5 days of receipt of the State Board of
19 Elections' written notice of intent to conduct a test, the
20 selected jurisdictions shall forward to the principal office
21 of the State Board of Elections a copy of all specimen
22 ballots. The State Board of Elections' tests shall be
23 conducted and completed not less than 2 days prior to the
24 public test utilizing testing materials supplied by the Board
25 and under the supervision of the Board, and the Board shall
26 reimburse the election authority for the reasonable cost of
27 computer time required to conduct the special test. After
28 an errorless test, materials used in the public test,
29 including the program, if appropriate, shall be sealed and
30 remain so until the test is run again on election day. If any
31 error is detected, the cause therefor shall be ascertained
32 and corrected and an errorless public test shall be made
33 before the automatic tabulating equipment is approved. Each
34 election authority shall file a sealed copy of each tested
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1 program to be used within its jurisdiction at an election
2 with the State Board of Elections prior to the election. The
3 Board shall secure the program or programs of each election
4 jurisdiction so filed in its office for the 60 days following
5 the canvass and proclamation of election results. Upon the
6 expiration of that time, if no election contest or appeal
7 therefrom is pending in an election jurisdiction, the Board
8 shall return the sealed program or programs to the election
9 authority of the jurisdiction. Except where in-precinct
10 counting equipment is utilized, the test shall be repeated
11 immediately before the start of the official count of the
12 ballots, in the same manner as set forth above. After the
13 completion of the count, the test shall be re-run using the
14 same program. An election jurisdiction that was employing,
15 as of January 1, 1983, an electronic voting system that,
16 because of its design, is not technically capable of
17 compliance with such a post-tabulation testing requirement
18 shall satisfy the post-tabulation testing requirement by
19 conducting the post-tabulation test on a duplicate program
20 until such electronic voting system is replaced or until
21 November 1, 1992, whichever is earlier. Immediately
22 thereafter the ballots, all material employed in testing the
23 program and the program shall be sealed and retained under
24 the custody of the election authority for a period of 60
25 days. At the expiration of that time the election authority
26 shall destroy the voted ballot cards, together with all
27 unused ballots returned from the precincts. Provided, if any
28 contest of election is pending at such time in which such
29 ballots may be required as evidence and such election
30 authority has notice thereof, the same shall not be destroyed
31 until after such contest is finally determined. If the use of
32 back-up equipment becomes necessary, the same testing
33 required for the original equipment shall be conducted.
34 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
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1 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
2 Sec. 24A-10.1. In an election jurisdiction where
3 in-precinct counting equipment is utilized, the following
4 procedures for counting and tallying the ballots set forth in
5 this Section and in Section 24A-14 shall apply:
6 (a) Voter ballot insertion during poll hours.
7 (1) The in-precinct counting equipment shall be set
8 to count each ballot for candidates and for or against
9 propositions to be voted upon as the ballot is inserted
10 into the automatic tabulating equipment, and the
11 equipment shall internally tally accurate vote totals for
12 all such candidates and for and against all such
13 propositions. Before the opening of the polls and before
14 ballots are entered into the counting equipment, the
15 judges of election shall turn on the automatic tabulating
16 equipment, activate the precinct program memory medium,
17 and verify that the public counter is set at zero.
18 (2) After the polls have been declared open, each
19 ballot shall be inserted into the automatic tabulating
20 equipment by the voter immediately after the voter has
21 completed marking his or her ballot and placing it in a
22 security envelope or sleeve. The ballot shall be
23 inserted into the automatic tabulating equipment from
24 within the security envelope or sleeve without public
25 observation of the votes cast on the ballot. The judges
26 of election shall not handle any voted ballot except as
27 provided in this Code for uninitialed, spoiled, and
28 defective and damaged ballots. Each voted ballot shall
29 be deposited into a secure ballot box immediately after
30 it has been counted by the automatic tabulating
31 equipment.
32 (3) The automatic tabulating equipment shall have
33 voting defect identification capability, and the
34 equipment shall be set to automatically return to the
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1 voter any ballot that does not contain a judge's initial
2 in the area required by this Code. If the judges of
3 election reasonably believe that the failure to initial
4 the ballot was due to an error by the judges and that no
5 fraud or other irregularity has occurred affecting the
6 integrity of the ballots, the ballot shall then be
7 initialed by one of the judges of election and
8 re-inserted by the voter into the automatic tabulating
9 equipment. Otherwise, the ballot shall be marked
10 "Spoiled Ballot", initialed by all judges immediately
11 under the words "Spoiled Ballot", and not counted. The
12 judges shall initial and issue a new ballot to the voter
13 in lieu of the original "Spoiled Ballot" and the voter
14 shall then be permitted to vote the new ballot.
15 (4) The automatic tabulating equipment shall be set
16 to automatically return to the voter any ballot on which
17 the number of votes for an office or proposition exceeds
18 the number of votes that the voter is entitled to cast.
19 If the voter, after being informed that an overvote has
20 occurred, determines to have the ballot counted despite
21 containing an overvote, the automatic tabulating
22 equipment shall be set to accept the ballot and count the
23 votes for or against propositions and for candidates for
24 offices for which there is no overvote. If the overvoted
25 ballot was also rejected because it lacks a judge's
26 initials, the voter may request that a judge initial the
27 ballot before the voter re-inserts the ballot into the
28 automatic tabulating equipment. If the voter determines
29 to have the overvoted ballot rejected and to vote a new
30 ballot, the original ballot shall be marked "Spoiled
31 Ballot", initialed by all judges immediately under the
32 words "Spoiled Ballot", and not counted. The judges
33 shall issue a new ballot to the voter in lieu of the
34 original "Spoiled Ballot" and the voter shall then be
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1 permitted to vote the new ballot.
2 (5) The automatic tabulating equipment shall be set
3 to automatically return to the voter any ballot on which
4 the number of votes for an office or proposition is less
5 than the number of votes that the voter is entitled to
6 cast. The voter, after being informed that an undervote
7 has occurred, may return to the voting area and complete
8 voting that ballot. If the voter, after being informed
9 that an undervote has occurred, determines to have the
10 ballot counted despite containing an undervote, the
11 automatic tabulating equipment shall be set to accept the
12 ballot and count the votes for or against propositions
13 and for candidates for offices. If the undervoted ballot
14 was also rejected because it lacks a judge's initials,
15 the voter may request that a judge initial the ballot
16 before the voter re-inserts the ballot into the automatic
17 tabulating equipment. If the voter determines to have the
18 undervoted ballot rejected and to vote a new ballot, the
19 original ballot shall be marked "Spoiled Ballot",
20 initialed by all judges immediately under the words
21 "Spoiled Ballot", and not counted. The judges shall
22 issue a new ballot to the voter in lieu of the original
23 "Spoiled Ballot" and the voter shall then be permitted to
24 vote the new ballot.
25 (6) The automatic tabulating equipment shall be set
26 to return any ballot that is damaged or defective and
27 cannot properly be read by the automatic tabulating
28 equipment. The ballot shall be marked "Spoiled Ballot",
29 initialed by all judges immediately under the words
30 "Spoiled Ballot", and not counted. The judges shall
31 initial and issue a new ballot to the voter in lieu of
32 the original "Spoiled Ballot" and the voter shall then be
33 permitted to vote the new ballot.
34 (7) Immediately after the closing of the polls and
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1 after the insertion of absentee ballots entitled to be
2 counted, the automatic tabulating equipment shall be
3 locked against further processing of ballots and the vote
4 totals shall be displayed and read.
5 (8) Throughout the election day and before the
6 close of the polls, no person shall be permitted to check
7 for vote totals for any candidate or proposition on the
8 automatic tabulating equipment. However, any voter,
9 judge of election, or poll watcher may examine the number
10 of counted ballots shown on the public counter of the
11 automatic tabulating equipment when the polls are open.
12 During the time that polling places are open for voting,
13 no person may reset the equipment for re-insertion of
14 ballots except upon the specific authorization of the
15 election authority; the automatic tabulating equipment
16 shall be programmed to prevent such re-insertion unless
17 provided a code by an authorized representative of the
18 election authority. If the automatic tabulating
19 equipment becomes inoperative during voting hours, until
20 such time as it is repaired and restarted by a
21 representative of the election authority, the voters
22 shall deposit their voted ballots into the secure portion
23 of the supply carrier case or other secure ballot
24 container supplied by the election authority and the
25 judges of election shall open the container used for this
26 purpose only after the close of the polls and shall then
27 insert each of the deposited ballots into the automatic
28 tabulating equipment to be tallied.
29 (b) Procedures after the close of the polls.
30 (1) Immediately after the closing of the polls, the
31 absentee ballots delivered to the precinct judges of
32 election by the election authority shall be examined to
33 determine that such ballots comply with Sections 19-9 and
34 20-9 of this Act and are entitled to be deposited in the
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1 ballot box; those entitled to be deposited in the ballot
2 box shall be initialed by the precinct judges of election
3 and deposited in the ballot box. Those not entitled to
4 be deposited in the ballot box shall be marked "Rejected"
5 and disposed of as provided in said Sections 19-9 and
6 20-9.
7 (2) The precinct judges of election shall open the
8 ballot box and count the number of ballots therein to
9 determine if such number agrees with the number of voters
10 voting as shown by the automatic tabulating equipment, by
11 the public counter on the automatic tabulating equipment
12 where available, and by applications for ballot. or, If
13 the same do not agree, the judges of election shall make
14 such ballots agree with the applications for ballot in
15 the manner provided by Section 17-18 of this Code Act.
16 (3) The judges of election shall then examine all
17 ballot cards and ballot card envelopes which are in the
18 ballot box to determine whether the ballot cards and
19 ballot card envelopes contain the initials of a precinct
20 judge of election. If any ballot card or ballot card
21 envelope is not initialed, it shall be marked on the back
22 "Defective", initialed as to such label by all judges
23 immediately under the word "Defective" and not counted.
24 The judges of election shall place an initialed blank
25 official ballot card in the place of the defective ballot
26 card, so that the count of the ballot cards to be counted
27 on the automatic tabulating equipment will be the same,
28 and each "Defective Ballot" card and "Replacement" card
29 shall contain the same serial number which shall be
30 placed thereon by the judges of election, commencing with
31 number 1 and continuing consecutively for the ballots of
32 that kind in that precinct. The original "Defective" card
33 shall be placed in the "Defective Ballot Envelope"
34 provided for that purpose.
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1 (4) When an electronic voting system is used which
2 utilizes a ballot card, before separating the remaining
3 ballot cards from their respective covering envelopes or
4 sleeves, the judges of election shall examine the ballot
5 cards, ballot card envelopes, ballot card stubs, or
6 security sleeves for write-in votes. When the voter has
7 cast a write-in vote, the judges of election shall
8 compare the write-in vote with the votes on the ballot
9 card to determine whether such write-in results in an
10 overvote for any office unless the automatic tabulating
11 equipment has already done so. In case of an overvote
12 for any office, the judges of election, consisting in
13 each case of at least one judge of election of each of
14 the 2 major political parties, shall make a true
15 duplicate ballot of all votes on such ballot card except
16 for the office which is overvoted, by using the ballot
17 label booklet of the precinct and one of the marking
18 devices of the precinct so as to transfer all votes of
19 the voter, except for the office overvoted, to a
20 duplicate card. The original ballot card and envelope
21 upon which there is an overvote shall be clearly labeled
22 "Overvoted Ballot", and each such "Overvoted Ballot" as
23 well as its "Replacement" shall contain the same serial
24 number which shall be placed thereon by the judges of
25 election, commencing with number 1 and continuing
26 consecutively for the ballots of that kind in that
27 precinct. The "Overvoted Ballot" card and ballot
28 envelope shall be placed in an envelope provided for that
29 purpose labeled "Duplicate Ballot" envelope, and the
30 judges of election shall initial the "Replacement" ballot
31 cards and shall place them with the other ballot cards to
32 be counted on the automatic tabulating equipment.
33 Envelopes, ballot cards, ballot card stubs, or security
34 envelopes or sleeves containing write-in votes marked in
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1 the place designated therefor and containing the initials
2 of a precinct judge of election and not resulting in an
3 overvote and otherwise complying with the election laws
4 as to marking shall be counted and tallied and their
5 votes recorded on a tally sheet provided by the election
6 authority.
7 The ballot cards and ballot card envelopes or
8 sleeves shall be separated in preparation for counting by
9 the automatic tabulating equipment provided for that
10 purpose by the election authority.
11 (5) After closing the polls and examining the
12 absentee ballots pursuant to subsection (c)(1) of this
13 Section, the judges of election shall insert into the
14 automatic tabulating equipment all absentee ballots
15 entitled to be counted. Thereafter, the judges of
16 election shall generate vote totals for all candidates
17 and propositions.
18 Before the ballots are entered into the automatic
19 tabulating equipment, a precinct identification card
20 provided by the election authority shall be entered into
21 the device to ensure that the totals are all zeroes in
22 the count column on the printing unit. A precinct judge
23 of election shall then count the ballots by entering each
24 ballot card into the automatic tabulating equipment, and
25 if any ballot or ballot card is damaged or defective so
26 that it cannot properly be counted by the automatic
27 tabulating equipment, the judges of election, consisting
28 in each case of at least one judge of election of each of
29 the 2 major political parties, shall make a true
30 duplicate ballot of all votes on such ballot card by
31 using the ballot label booklet of the precinct and one of
32 the marking devices of the precinct. The original ballot
33 or ballot card and envelope shall be clearly labeled
34 "Damaged Ballot" and the ballot or ballot card so
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1 produced shall be clearly labeled "Duplicate Damaged
2 Ballot", and each shall contain the same serial number
3 which shall be placed thereon by the judges of election,
4 commencing with number 1 and continuing consecutively for
5 the ballots of that kind in the precinct. The judges of
6 election shall initial the "Duplicate Damaged Ballot"
7 ballot or ballot cards and shall enter the duplicate
8 damaged cards into the automatic tabulating equipment.
9 The "Damaged Ballot" cards shall be placed in the
10 "Duplicated Ballots" envelope; after all ballot cards
11 have been successfully read, the judges of election shall
12 check to make certain that the last number printed by the
13 printing unit is the same as the number of voters making
14 application for ballot in that precinct. The number
15 shall be listed on the "Statement of Ballots" form
16 provided by the election authority.
17 (6) The totals for all candidates and propositions
18 shall be tabulated; 4 sets shall be attached to the 4
19 sets of "Certificate of Results", which may be generated
20 by the automatic tabulating equipment, provided by the
21 election authority; one set shall be posted in a
22 conspicuous place inside the polling place; and every
23 effort shall be made by the judges of election to provide
24 a set for each authorized pollwatcher or other official
25 authorized to be present in the polling place to observe
26 the counting of ballots; but in no case shall the number
27 of sets to be made available to pollwatchers be fewer
28 than 4, chosen by lot by the judges of election. In
29 addition, sufficient time shall be provided by the judges
30 of election to the pollwatchers to allow them to copy
31 information from the set which has been posted.
32 (7) The judges of election shall count all unused
33 ballot cards and enter the number on the "Statement of
34 Ballots". All "Spoiled", "Defective" and "Duplicated"
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1 ballot cards shall be counted and the number entered on
2 the "Statement of Ballots".
3 (8) The precinct judges of election shall select a
4 bi-partisan team of 2 judges, who shall immediately
5 return the ballots in a sealed container, along with all
6 other election materials as instructed by the election
7 authority; provided, however, that such container must
8 first be sealed by the election judges with filament tape
9 provided for such purpose which shall be wrapped around
10 the container lengthwise and crosswise, at least twice
11 each way, in such manner that the ballots cannot be
12 removed from such container without breaking the seal and
13 filament tape and disturbing any signatures affixed by
14 the election judges to the container. The election
15 authority shall keep the office of the election
16 authority, or any receiving stations designated by such
17 authority, open for at least 12 consecutive hours after
18 the polls close or until the ballots from all precincts
19 with in-precinct counting equipment within the
20 jurisdiction of the election authority have been returned
21 to the election authority. Ballots returned to the office
22 of the election authority which are not signed and sealed
23 as required by law shall not be accepted by the election
24 authority until the judges returning the same make and
25 sign the necessary corrections. Upon acceptance of the
26 ballots by the election authority, the judges returning
27 the same shall take a receipt signed by the election
28 authority and stamped with the time and date of such
29 return. The election judges whose duty it is to return
30 any ballots as herein provided shall, in the event such
31 ballots cannot be found when needed, on proper request,
32 produce the receipt which they are to take as above
33 provided.
34 (Source: P.A. 83-1362.)
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1 (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
2 Sec. 24A-14. Damaged ballots. In precincts that utilize
3 in-precinct automatic tabulating equipment having voting
4 defect identification capability and in which voters insert
5 their ballots into the automatic tabulating equipment, if any
6 ballot is damaged or defective so that it cannot properly be
7 counted by the automatic tabulating equipment, that ballot
8 shall be treated as a spoiled ballot as provided in Section
9 24A-10.1. If any ballot is damaged or defective so that it
10 cannot properly be counted by the automatic tabulating
11 equipment, a true duplicate copy shall be made of the damaged
12 ballot in the presence of witnesses and substituted for the
13 damaged ballot. Likewise, a duplicate ballot shall be made of
14 a defective ballot which shall not include the invalid votes.
15 All duplicate ballots shall be clearly labeled "duplicate",
16 shall bear a serial number which shall be registered on the
17 damaged or defective ballot, and shall be counted in lieu of
18 the damaged or defective ballot.
19 (Source: Laws 1965, p. 2220.)
20 (10 ILCS 5/24B-2)
21 Sec. 24B-2. Definitions. As used in this Article:
22 "Computer", "automatic tabulating equipment" or
23 "equipment" includes apparatus necessary to automatically
24 examine and count votes as designated on ballots, and data
25 processing machines which can be used for counting ballots
26 and tabulating results.
27 "Ballot" means paper ballot sheets.
28 "Ballot configuration" means the particular combination
29 of political subdivision ballots including, for each
30 political subdivision, the particular combination of offices,
31 candidate names and questions as it appears for each group of
32 voters who may cast the same ballot.
33 "Ballot sheet" means a paper ballot printed on one or
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1 both sides which is (1) designed and prepared so that the
2 voter may indicate his or her votes in designated areas,
3 which must be areas clearly printed or otherwise delineated
4 for such purpose, and (2) capable of having votes marked in
5 the designated areas automatically examined, counted, and
6 tabulated by an electronic scanning process.
7 "Central counting" means the counting of ballots in one
8 or more locations selected by the election authority for the
9 processing or counting, or both, of ballots. A location for
10 central counting shall be within the territorial jurisdiction
11 of the election authority unless there is no suitable
12 tabulating equipment available within his territorial
13 jurisdiction. However, in any event a counting location
14 shall be within this State.
15 "Computer operator" means any person or persons
16 designated by the election authority to operate the automatic
17 tabulating equipment during any portion of the vote tallying
18 process in an election, but shall not include judges of
19 election operating vote tabulating equipment in the precinct.
20 "Computer program" or "program" means the set of
21 operating instructions for the automatic tabulating equipment
22 that examines, counts, tabulates, canvasses and prints votes
23 recorded by a voter on a ballot.
24 "Edit listing" means a computer generated listing of the
25 names of each candidate and proposition as they appear in the
26 program for each precinct.
27 "Header sheet" means a data processing document which is
28 coded to indicate to the computer the precinct identity of
29 the ballots that will follow immediately and may indicate to
30 the computer how such ballots are to be tabulated.
31 "In-precinct counting" means the counting of ballots on
32 automatic tabulating equipment provided by the election
33 authority in the same precinct polling place in which those
34 ballots have been cast.
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1 "Marking device" means a pen or similar device approved
2 by the State Board of Elections for marking a paper ballot
3 with ink or other substance which will enable the ballot to
4 be tabulated by automatic tabulating equipment or by an
5 electronic scanning process.
6 "Precinct Tabulation Optical Scan Technology" means the
7 capability to examine a ballot through electronic means and
8 tabulate the votes at one or more counting places.
9 "Redundant count" means a verification of the original
10 computer count by another count using compatible equipment or
11 by hand as part of a discovery recount.
12 "Security designation" means a printed designation placed
13 on a ballot to identify to the computer program the offices
14 and propositions for which votes may be cast and to indicate
15 the manner in which votes cast should be tabulated while
16 negating any inadmissible votes.
17 "Separate ballot", with respect to ballot sheets, means a
18 separate portion of the ballot sheet which is clearly defined
19 by a border or borders or shading.
20 "Voting defect identification" means the capability to
21 detect overvoted ballots that contain a voting defect or
22 ballots which cannot be read by the automatic tabulating
23 equipment.
24 "Voting defects" means an overvoted ballot, an undervoted
25 ballot, or a ballot which cannot be read by the automatic
26 tabulating equipment, or a ballot that does not contain the
27 initials of a judge of election.
28 "Voting system" or "electronic voting system" means that
29 combination of equipment and programs used in the casting,
30 examination and tabulation of ballots and the cumulation and
31 reporting of results by electronic means.
32 (Source: P.A. 89-394, eff. 1-1-97.)
33 (10 ILCS 5/24B-10.1)
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1 Sec. 24B-10.1. In-Precinct Counting Equipment;
2 Procedures for Counting and Tallying Ballots. In an election
3 jurisdiction where Precinct Tabulation Optical Scan
4 Technology counting equipment is used, the following
5 procedures for counting and tallying the ballots shall apply:
6 (a) The in-precinct counting equipment shall be set to
7 count each ballot for candidates and for or against
8 propositions to be voted upon as the ballot is inserted into
9 the automatic tabulating equipment, and the equipment shall
10 internally tally accurate vote totals for all such candidates
11 and for and against all such propositions. Before the opening
12 of the polls, and before the ballots are entered into the
13 automatic tabulating equipment, the judges of election shall
14 turn on the automatic tabulating equipment, activate the
15 precinct program memory medium, and verify that the public
16 counter is set at zero shall be sure that the totals are all
17 zeros in the counting column. Ballots may then be counted by
18 entering each ballot into the automatic tabulating equipment.
19 After the polls have been declared open, each ballot
20 shall be inserted into the automatic tabulating equipment by
21 the voter immediately after the voter has completed marking
22 his or her ballot. The ballot shall be inserted into the
23 automatic tabulating equipment without public observation of
24 the votes cast on the ballot. The judges of election shall
25 not handle any voted ballot except as provided in this Code
26 for uninitialed, spoiled, and defective and damaged ballots.
27 Each voted ballot shall be deposited into a secure ballot box
28 immediately after it has been counted by the automatic
29 tabulating equipment.
30 Immediately after the closing of the polls and after the
31 insertion of absentee ballots entitled to be counted, the
32 automatic tabulating equipment shall be locked against
33 further processing of ballots and the vote totals shall be
34 displayed and read.
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1 Throughout the election day and before the closing of the
2 polls, no person shall be permitted to may check for any vote
3 totals for any candidate or proposition on the automatic
4 tabulating equipment. However, any voter, judge of election,
5 or poll watcher may examine the number of counted ballots
6 shown on the public counter of the automatic tabulating
7 equipment when the polls are open. During the time that
8 polling places are open for voting, no person may reset the
9 equipment for re-insertion of ballots except upon the
10 specific authorization of the election authority; the
11 automatic tabulating equipment shall be programmed to prevent
12 such re-insertion unless provided a code by an authorized
13 representative of the election authority. If the automatic
14 tabulating equipment becomes inoperative during voting hours,
15 until such time as it is repaired and restarted by a
16 representative of the election authority, the voters shall
17 deposit their voted ballots into the secure portion of the
18 supply carrier case or other secure ballot container supplied
19 by the election authority and the judges of election shall
20 open the container used for this purpose only after the close
21 of the polls and shall then insert each of the deposited
22 ballots into the automatic tabulating equipment to be
23 tallied. Such automatic tabulating equipment shall be
24 programmed so that no person may reset the equipment for
25 refeeding of ballots unless provided a code from an
26 authorized representative of the election authority. At the
27 option of the election authority, the ballots may be fed into
28 the Precinct Tabulation Optical Scan Technology equipment by
29 the voters under the direct supervision of the judges of
30 elections.
31 (b) The in-precinct automatic tabulating equipment shall
32 have the capability to identify voting defects. The election
33 authority shall develop and implement procedures for the
34 following:
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1 (1) The equipment shall be set to automatically
2 return to the voter any ballot that does not contain a
3 judge's initial in the area required by this Code. If
4 the judges of election reasonably believe that the
5 failure to initial the ballot was due to an error by the
6 judges and that no fraud or other irregularity has
7 occurred affecting the integrity of the ballots, the
8 ballot shall then be initialed by one of the judges of
9 election and re-inserted by the voter into the automatic
10 tabulating equipment. Otherwise, the ballot shall be
11 marked "Spoiled Ballot", initialed by all judges
12 immediately under the words "Spoiled Ballot", and not
13 counted. The judges shall initial and issue a new ballot
14 to the voter in lieu of the original "Spoiled Ballot" and
15 the voter shall then be permitted to vote the new ballot.
16 (2) The counting equipment shall be set to
17 automatically return to the voter any ballot on which the
18 number of votes for an office or proposition exceeds the
19 number of votes that the voter is entitled to cast. If
20 the voter, after being informed that an overvote has
21 occurred, determines to have the ballot counted despite
22 containing an overvote, the automatic tabulating
23 equipment shall be set to accept the ballot and count the
24 votes for or against propositions and for candidates for
25 offices for which there is no overvote. If the overvoted
26 ballot was also rejected because it lacks a judge's
27 initials, the voter may request that a judge initial the
28 ballot before the voter re-inserts the ballot into the
29 automatic tabulating equipment. If the voter determines
30 to have the overvoted ballot rejected and to vote a new
31 ballot, the original ballot shall be marked "Spoiled
32 Ballot", initialed by all judges immediately under the
33 words "Spoiled Ballot", and not counted. The judges
34 shall issue a new ballot to the voter in lieu of the
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1 original "Spoiled Ballot" and the voter shall then be
2 permitted to vote the new ballot.
3 (3) The counting equipment shall be set to
4 automatically return to the voter any ballot on which the
5 number of votes for an office or proposition is less than
6 the number of votes that the voter is entitled to cast.
7 The voter, after being informed that an undervote has
8 occurred, may return to the voting area and complete
9 voting that ballot. If the voter, after being informed
10 that an undervote has occurred, determines to have the
11 ballot counted despite containing an undervote, the
12 automatic tabulating equipment shall be set to accept the
13 ballot and count the votes for or against propositions
14 and for candidates for offices. If the undervoted ballot
15 was also rejected because it lacks a judge's initials,
16 the voter may request that a judge initial the ballot
17 before the voter re-inserts the ballot into the automatic
18 tabulating equipment. If the voter determines to have the
19 undervoted ballot rejected and to vote a new ballot, the
20 original ballot shall be marked "Spoiled Ballot",
21 initialed by all judges immediately under the words
22 "Spoiled Ballot", and not counted. The judges shall
23 issue a new ballot to the voter in lieu of the original
24 "Spoiled Ballot" and the voter shall then be permitted to
25 vote the new ballot.
26 (4) The equipment shall be set to return any ballot
27 that is damaged or defective and cannot properly be read
28 by the automatic tabulating equipment. The ballot shall
29 be marked "Spoiled Ballot", initialed by all judges
30 immediately under the words "Spoiled Ballot", and not
31 counted. The judges shall initial and issue a new ballot
32 to the voter in lieu of the original "Spoiled Ballot" and
33 the voter shall then be permitted to vote the new ballot.
34 (c) Immediately after the closing of the polls, the
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1 absentee ballots delivered to the precinct judges of election
2 by the election authority shall be examined to determine that
3 the ballots comply with Sections 19-9 and 20-9 of this Code
4 and are entitled to be scanned by the Precinct Tabulation
5 Optical Scan Technology equipment and then deposited in the
6 ballot box; those entitled to be scanned and deposited in the
7 ballot box shall be initialed by the precinct judges of
8 election and then scanned and deposited in the ballot box.
9 Those not entitled to be deposited in the ballot box shall be
10 marked "Rejected" and disposed of as provided in said
11 Sections 19-9 and 20-9.
12 The precinct judges of election shall open the ballot box
13 and count the number of ballots to determine if the number
14 agrees with the number of voters voting as shown on the
15 Precinct Tabulation Optical Scan Technology equipment and by
16 the applications for ballot or, if the same do not agree, the
17 judges of election shall make the ballots agree with the
18 applications for ballot in the manner provided by Section
19 17-18 of this Code. The judges of election shall then
20 examine all ballots which are in the ballot box to determine
21 whether the ballots contain the initials of a precinct judge
22 of election. If any ballot is not initialed, it shall be
23 marked on the back "Defective", initialed as to such label by
24 all judges immediately under the word "Defective" and not
25 counted. The judges of election shall place an initialed
26 blank official ballot in the place of the defective ballot,
27 so that the count of the ballots to be counted on the
28 automatic tabulating equipment will be the same, and each
29 "Defective Ballot" and "Replacement" ballot shall contain the
30 same serial number which shall be placed thereon by the
31 judges of election, beginning with number 1 and continuing
32 consecutively for the ballots of that kind in that precinct.
33 The original "Defective" ballot shall be placed in the
34 "Defective Ballot Envelope" provided for that purpose.
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1 If the judges of election have removed a ballot pursuant
2 to Section 17-18, have labeled "Defective" a ballot which is
3 not initialed, or have otherwise determined under this Code
4 to not count a ballot originally deposited into a ballot box,
5 the judges of election shall be sure that the totals on the
6 automatic tabulating equipment are reset to all zeros in the
7 counting column. Thereafter the judges of election shall
8 enter each ballot to be counted in the automatic tabulating
9 equipment. Resetting the automatic tabulating equipment to
10 all zeros and re-entering of ballots to be counted may occur
11 at the precinct polling place, the office of the election
12 authority, or any receiving station designated by the
13 election authority. The election authority shall designate
14 the place for resetting and re-entering.
15 When a Precinct Tabulation Optical Scan Technology
16 electronic voting system is used which uses a paper ballot,
17 the judges of election shall examine the ballot for write-in
18 votes. When the voter has cast a write-in vote, the judges
19 of election shall compare the write-in vote with the votes on
20 the ballot to determine whether the write-in results in an
21 overvote for any office, unless the Precinct Tabulation
22 Optical Scan Technology equipment has already done so. In
23 case of an overvote for any office, the judges of election,
24 consisting in each case of at least one judge of election of
25 each of the 2 major political parties, shall make a true
26 duplicate ballot of all votes on such ballot except for the
27 office which is overvoted, by using the ballot of the
28 precinct and one of the marking devices of the precinct so as
29 to transfer all votes of the voter, except for the office
30 overvoted, to a duplicate ballot. The original ballot upon
31 which there is an overvote shall be clearly labeled
32 "Overvoted Ballot", and each such "Overvoted Ballot" as well
33 as its "Replacement" shall contain the same serial number
34 which shall be placed thereon by the judges of election,
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1 beginning with number 1 and continuing consecutively for the
2 ballots of that kind in that precinct. The "Overvoted
3 Ballot" shall be placed in an envelope provided for that
4 purpose labeled "Duplicate Ballot" envelope, and the judges
5 of election shall initial the "Replacement" ballots and shall
6 place them with the other ballots to be counted on the
7 automatic tabulating equipment.
8 If any ballot is damaged or defective, or if any ballot
9 contains a Voting Defect, so that it cannot properly be
10 counted by the automatic tabulating equipment, the voter or
11 the judges of election, consisting in each case of at least
12 one judge of election of each of the 2 major political
13 parties, shall make a true duplicate ballot of all votes on
14 such ballot by using the ballot of the precinct and one of
15 the marking devices of the precinct. If a damaged ballot,
16 the original ballot shall be clearly labeled "Damaged Ballot"
17 and the ballot so produced shall be clearly labeled "Damaged
18 Ballot" and the ballot so produced shall be clearly labeled
19 "Duplicate Damaged Ballot", and each shall contain the same
20 serial number which shall be placed by the judges of
21 election, beginning with number 1 and continuing
22 consecutively for the ballots of that kind in the precinct.
23 The judges of election shall initial the "Duplicate Damaged
24 Ballot" ballot and shall enter the duplicate damaged ballot
25 into the automatic tabulating equipment. The "Damaged
26 Ballots" shall be placed in the "Duplicated Ballots"
27 envelope; after all ballots have been successfully read, the
28 judges of election shall check to make certain that the
29 Precinct Tabulation Optical Scan Technology equipment readout
30 agrees with the number of voters making application for
31 ballot in that precinct. The number shall be listed on the
32 "Statement of Ballots" form provided by the election
33 authority.
34 The totals for all candidates and propositions shall be
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1 tabulated; and 4 copies of a "Certificate of Results" shall
2 be generated by the automatic tabulating equipment; one copy
3 shall be posted in a conspicuous place inside the polling
4 place; and every effort shall be made by the judges of
5 election to provide a copy for each authorized pollwatcher or
6 other official authorized to be present in the polling place
7 to observe the counting of ballots; but in no case shall the
8 number of copies to be made available to pollwatchers be
9 fewer than 4, chosen by lot by the judges of election. In
10 addition, sufficient time shall be provided by the judges of
11 election to the pollwatchers to allow them to copy
12 information from the copy which has been posted.
13 The judges of election shall count all unused ballots and
14 enter the number on the "Statement of Ballots". All
15 "Spoiled", "Defective" and "Duplicated" ballots shall be
16 counted and the number entered on the "Statement of Ballots".
17 The precinct judges of election shall select a
18 bi-partisan team of 2 judges, who shall immediately return
19 the ballots in a sealed container, along with all other
20 election materials as instructed by the election authority;
21 provided, however, that such container must first be sealed
22 by the election judges with filament tape or other approved
23 sealing devices provided for the purpose which shall be
24 wrapped around the container lengthwise and crosswise, at
25 least twice each way, in a manner that the ballots cannot be
26 removed from the container without breaking the seal and
27 filament tape and disturbing any signatures affixed by the
28 election judges to the container, or which other approved
29 sealing devices are affixed in a manner approved by the
30 election authority. The election authority shall keep the
31 office of the election authority or any receiving stations
32 designated by the authority, open for at least 12 consecutive
33 hours after the polls close or until the ballots from all
34 precincts with in-precinct counting equipment within the
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1 jurisdiction of the election authority have been returned to
2 the election authority. Ballots returned to the office of
3 the election authority which are not signed and sealed as
4 required by law shall not be accepted by the election
5 authority until the judges returning the ballots make and
6 sign the necessary corrections. Upon acceptance of the
7 ballots by the election authority, the judges returning the
8 ballots shall take a receipt signed by the election authority
9 and stamped with the time and date of the return. The
10 election judges whose duty it is to return any ballots as
11 provided shall, in the event the ballots cannot be found when
12 needed, on proper request, produce the receipt which they are
13 to take as above provided. The precinct judges of election
14 shall also deliver the Precinct Tabulation Optical Scan
15 Technology equipment to the election authority.
16 (Source: P.A. 89-394, eff. 1-1-97.)
17 (10 ILCS 5/24B-14)
18 Sec. 24B-14. Damaged Ballots; Duplicates. In precincts
19 that utilize in-precinct automatic tabulating equipment
20 having voting defect identification capability and in which
21 voters insert their ballots into the automatic tabulating
22 equipment, if any ballot is damaged or defective so that it
23 cannot properly be counted by the automatic Precinct
24 Tabulation Optical Scan Technology tabulating equipment, that
25 ballot shall be treated as a spoiled ballot as provided in
26 Section 24B-10.1. If any ballot is damaged or defective so
27 that it cannot properly be counted by the automatic Precinct
28 Tabulation Optical Scan Technology tabulating equipment, a
29 true duplicate copy shall be made of the damaged ballot in
30 the presence of witnesses and substituted for the damaged
31 ballot. Likewise, a duplicate ballot shall be made of a
32 defective ballot which shall not include the invalid votes.
33 All duplicate ballots shall be clearly labeled "Duplicate",
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1 shall bear a serial number which shall be registered on the
2 damaged or defective ballot, and shall be counted in lieu of
3 the damaged or defective ballot.
4 (Source: P.A. 89-394, eff. 1-1-97.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".