[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
92_HB3147ham003
LRB9204365JMmbam06
1 AMENDMENT TO HOUSE BILL 3147
2 AMENDMENT NO. . Amend House Bill 3147, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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, 17-14, 17-43, 18-40, 19-15, 20-15, 24A-2,
8 24A-6.1, 24A-7, 24A-8, 24A-9, 24A-10.1, 24A-14, 24B-2,
9 24B-10.1, and 24B-14 and adding Section 1A-20 as follows:
10 (10 ILCS 5/1A-20 new)
11 Sec. 1A-20. In-precinct automatic tabulating equipment
12 grants. The State Board of Elections, from moneys
13 appropriated for this purpose, shall develop and administer a
14 program of grants to election authorities for the costs of
15 acquiring, leasing, or upgrading in-precinct automatic
16 tabulating equipment with voting defect identification as
17 provided in Articles 24A and 24B of this Code and the costs
18 of training an election authority's employees in the use of
19 such equipment. An election authority may apply to the State
20 Board for reimbursement, subject to appropriation, of up to
21 100% of the election authority's cost of acquiring or leasing
22 new equipment or upgrading existing equipment owned or leased
-2- LRB9204365JMmbam06
1 by the election authority in order to implement voting defect
2 identification technology, except that the amount of
3 reimbursement shall not include any amount reimbursed or paid
4 for by federal funds. For the purpose of this program,
5 acquisition or lease of new equipment includes, but is not
6 limited to, acquisition or lease before the effective date of
7 this amendatory Act of the 92nd General Assembly of equipment
8 used after the effective date of this amendatory Act of the
9 92nd General Assembly.
10 Grants shall be awarded annually. If appropriations are
11 insufficient to fully fund all grants in the first year that
12 grants are awarded, the State Board shall give each approved
13 applicant a pro rata share of the funds appropriated that
14 fiscal year for the grant program. In subsequent years that
15 grants are awarded, the State Board shall use that year's
16 appropriation first to give grant recipients from previous
17 years, whose grant payments have not completely reimbursed
18 approved costs, a pro rata share of the appropriation and
19 then, to the extent any of the appropriation remains, to give
20 each of the current year's approved applicants a pro rata
21 share of the remaining appropriation.
22 The State Board of Elections shall adopt rules necessary
23 for the implementation of this Section.
24 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
25 Sec. 7-19. The primary ballot of each political party for
26 each precinct shall be arranged and printed substantially in
27 the manner following:
28 1. Designating words. At the top of the ballot shall be
29 printed in large capital letters, words designating the
30 ballot, if a Republican ballot, the designating words shall
31 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
32 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
33 in like manner for each political party.
-3- LRB9204365JMmbam06
1 2. Order of Names, Directions to Voters, etc. Beginning
2 not less than one inch below designating words, the name of
3 each office to be filled shall be printed in capital letters.
4 Such names may be printed on the ballot either in a single
5 column or in 2 or more columns and in the following order,
6 to-wit:
7 President of the United States, State offices,
8 congressional offices, delegates and alternate delegates to
9 be elected from the State at large to National nominating
10 conventions, delegates and alternate delegates to be elected
11 from congressional districts to National nominating
12 conventions, member or members of the State central
13 committee, trustees of sanitary districts, county offices,
14 judicial officers, city, village and incorporated town
15 offices, town offices, or of such of the said offices as
16 candidates are to be nominated for at such primary, and
17 precinct, township or ward committeemen. If two or more
18 columns are used, the foregoing offices to and including
19 member of the State central committee shall be listed in the
20 left-hand column and Senatorial offices, as defined in
21 Section 8-3, shall be the first offices listed in the second
22 column.
23 Below the name of each office shall be printed in small
24 letters the directions to voters: "Vote for one"; "Vote for
25 two"; "Vote for three"; or a spelled number designating how
26 many persons under that head are to be voted for.
27 Next to the name of each candidate for delegate or
28 alternate delegate to a national nominating convention shall
29 appear either (a) the name of the candidate's preference for
30 President of the United States or the word "uncommitted" or
31 (b) no official designation, depending upon the action taken
32 by the State central committee pursuant to Section 7-10.3 of
33 this Act.
34 Below the name of each office shall be printed in capital
-4- LRB9204365JMmbam06
1 letters the names of all candidates, arranged in the order in
2 which their petitions for nominations were filed, except as
3 otherwise provided in Sections 7-14 and 7-17 of this Article.
4 Opposite and in front of the name of each candidate shall be
5 printed a square and all squares upon the primary ballot
6 shall be of uniform size. Spaces between the names of
7 candidates under each office shall be uniform and sufficient
8 spaces shall separate the names of candidates for one office
9 from the names of candidates for another office, to avoid
10 confusion and to permit the writing in of the names of other
11 candidates.
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. 83-33.)
17 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
18 Sec. 7-46. On receiving from the primary judges a primary
19 ballot of his party, the primary elector shall forthwith and
20 without leaving the polling place, retire alone to one of the
21 voting booths and prepare such primary ballot by marking a
22 cross (X) in the square in front of and opposite the name of
23 each candidate of his choice for each office to be filled,
24 and for delegates and alternate delegates to national
25 nominating conventions, and for committeemen, if committeemen
26 are being elected at such primary.
27 Any primary elector may, instead of voting for any
28 candidate for nomination or for committeeman or for delegate
29 or alternate delegate to national nominating conventions,
30 whose name is printed on the primary ballot, write in the
31 name of any other person affiliated with such party as a
32 candidate for the nomination for any office, or for
33 committeeman, or for delegates or alternate delegates to
-5- LRB9204365JMmbam06
1 national nominating conventions, and indicate his choice of
2 such candidate or committeeman or delegate or alternate
3 delegate, by placing to the left of and opposite the name
4 thus written a square and placing in the square a cross (X).
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, or
8 Article 24B, whichever is applicable.
9 (Source: Laws 1965, p. 2220.)
10 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
11 Sec. 7-47. Before leaving the booth, the primary elector
12 shall fold his primary ballot in such manner as to conceal
13 the marks thereon. Such voter shall then vote forthwith by
14 handing the primary judge the primary ballot received by such
15 voter. Thereupon the primary judge shall deposit such primary
16 ballot in the ballot box. One of the judges shall thereupon
17 enter in the primary poll book the name of the primary
18 elector, his residence and his party affiliation or shall
19 make the entries on the official poll record as required by
20 articles 4, 5 and 6, if any one of them is applicable.
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, Article
24 24B, whichever is applicable.
25 (Source: Laws 1965, p. 2220.)
26 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
27 Sec. 7-49. After the opening of the polls at a primary no
28 adjournment shall be had nor recess taken until the canvass
29 of all the votes is completed and the returns carefully
30 enveloped and sealed.
31 Where voting machines or electronic voting systems are
32 used, the provisions of this section may be modified as
-6- LRB9204365JMmbam06
1 required or authorized by Article 24, or Article 24A, or
2 Article 24B, whichever is applicable.
3 (Source: Laws 1965, p. 2220.)
4 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
5 Sec. 7-52. Immediately upon closing the polls, the
6 primary judges shall proceed to canvass the votes in the
7 manner following:
8 (1) They shall separate and count the ballots of each
9 political party.
10 (2) They shall then proceed to ascertain the number of
11 names entered on the applications for ballot under each party
12 affiliation.
13 (3) If the primary ballots of any political party exceed
14 the number of applications for ballot by voters of such
15 political party, the primary ballots of such political party
16 shall be folded and replaced in the ballot box, the box
17 closed, well shaken and again opened and one of the primary
18 judges, who shall be blindfolded, shall draw out so many of
19 the primary ballots of such political party as shall be equal
20 to such excess. Such excess ballots shall be marked
21 "Excess-Not Counted" and signed by a majority of the judges
22 and shall be placed in the "After 6:00 p.m. Defective Ballots
23 Envelope". The number of excess ballots shall be noted in the
24 remarks section of the Certificate of Results. "Excess"
25 ballots shall not be counted in the total of "defective"
26 ballots;
27 (4) The primary judges shall then proceed to count the
28 primary ballots of each political party separately; and as
29 the primary judges shall open and read the primary ballots, 3
30 of the judges shall carefully and correctly mark upon
31 separate tally sheets the votes which each candidate of the
32 party whose name is written or printed on the primary ballot
33 has received, in a separate column for that purpose, with the
-7- LRB9204365JMmbam06
1 name of such candidate, the name of his political party and
2 the name of the office for which he is a candidate for
3 nomination at the head of such column.
4 Where voting machines or electronic voting systems are
5 used, the provisions of this section may be modified as
6 required or authorized by Article 24, or Article 24A, or
7 Article 24B, whichever is applicable.
8 (Source: P.A. 80-484.)
9 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
10 Sec. 7-53. As soon as the ballots of a political party
11 shall have been read and the votes of the political party
12 counted, as provided in the last above section, the 3 judges
13 in charge of the tally sheets shall foot up the tally sheets
14 so as to show the total number of votes cast for each
15 candidate of the political party and for each candidate for
16 State Central committeeman and precinct committeeman,
17 township committeeman or ward committeeman, and delegate and
18 alternate delegate to National nominating conventions, and
19 certify the same to be correct. Thereupon, the primary judges
20 shall set down in a certificate of results on the tally
21 sheet, under the name of the political party, the name of
22 each candidate voted for upon the primary ballot, written at
23 full length, the name of the office for which he is a
24 candidate for nomination or for committeeman, or delegate or
25 alternate delegate to National nominating conventions, the
26 total number of votes which the candidate received, and they
27 shall also set down the total number of ballots voted by the
28 primary electors of the political party in the precinct. The
29 certificate of results shall be made substantially in the
30 following form:
31 ................ Party
32 At the primary election held in the .... precinct of the
33 (1) *township of ...., or (2) *City of ...., or (3) *....
-8- LRB9204365JMmbam06
1 ward in the city of .... on (insert date), the primary
2 electors of the .... party voted .... ballots, and the
3 respective candidates whose names were written or printed on
4 the primary ballot of the .... party, received respectively
5 the following votes:
6 Name of No. of
7 Candidate, Title of Office, Votes
8 John Jones Governor 100
9 Sam Smith Governor 70
10 Frank Martin Attorney General 150
11 William Preston Rep. in Congress 200
12 Frederick John Circuit Judge 50
13 *Fill in either (1), (2) or (3).
14 And so on for each candidate.
15 We hereby certify the above and foregoing to be true and
16 correct.
17 Dated (insert date).
18 ...................................
19 Name Address
20 ...................................
21 Name Address
22 ...................................
23 Name Address
24 ...................................
25 Name Address
26 ...................................
27 Name Address
28 Judges of Primary
29 Where voting machines or electronic voting systems are
30 used, the provisions of this Section may be modified as
31 required or authorized by Article 24, and Article 24A, or
32 Article 24B, whichever is applicable.
33 (Source: P.A. 91-357, eff. 7-29-99.)
-9- LRB9204365JMmbam06
1 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
2 Sec. 7-54. After the votes of a political party have been
3 counted and set down and the tally sheets footed and the
4 entry made in the primary poll books or return, as above
5 provided, all the primary ballots of said political party,
6 except those marked "defective" or "objected to" shall be
7 securely bound, lengthwise and in width, with a soft cord
8 having a minimum tensile strength of 60 pounds separately for
9 each political party in the order in which said primary
10 ballots have been read, and shall thereupon be carefully
11 sealed in an envelope, which envelope shall be endorsed as
12 follows:
13 "Primary ballots of the.... party of the.... precinct of
14 the county of.... and State of Illinois."
15 Below each endorsement, each primary judge shall write
16 his name.
17 Immediately thereafter the judges shall designate one of
18 their number to go to the nearest telephone and report to the
19 office of the county clerk or board of election commissioners
20 (as the case may be) the results of such primary. Such clerk
21 or board shall keep his or its office open after the close of
22 the polls until he or it has received from each precinct
23 under his or its jurisdiction the report above provided for.
24 Immediately upon receiving such report such clerk or board
25 shall cause the same to be posted in a public place in his or
26 its office for inspection by the public. Immediately after
27 making such report such judge shall return to the polling
28 place.
29 Where voting machines or electronic voting systems are
30 used, the provisions of this section may be modified as
31 required or authorized by Article 24, or Article 24A, or
32 Article 24B, whichever is applicable.
33 (Source: P.A. 81-1433.)
-10- LRB9204365JMmbam06
1 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
2 Sec. 7-55. The primary poll books or the official poll
3 record, and the tally sheets with the certificates of the
4 primary judges written thereon, together with the envelopes
5 containing the ballots, including the envelope containing the
6 ballots marked "defective" or "objected to", shall be
7 carefully enveloped and sealed up together, properly
8 endorsed, and the primary judges shall elect 2 judges (one
9 from each of the major political parties), who shall
10 immediately deliver the same to the clerk from whom the
11 primary ballots were obtained, which clerk shall safely keep
12 the same for 2 months, and thereafter shall safely keep the
13 poll books until the next primary. Each election authority
14 shall keep the office of the election authority, or any
15 receiving stations designated by such authority, open for at
16 least 12 consecutive hours after the polls close, or until
17 the judges of each precinct under the jurisdiction of the
18 election authority have delivered to the election authority
19 all the above materials sealed up together and properly
20 endorsed as provided herein. Materials delivered to the
21 election authority which are not in the condition required by
22 this Section shall not be accepted by the election authority
23 until the judges delivering the same make and sign the
24 necessary corrections. Upon acceptance of the materials by
25 the election authority, the judges delivering the same shall
26 take a receipt signed by the election authority and stamped
27 with the time and date of such delivery. The election judges
28 whose duty it is to deliver any materials as above provided
29 shall, in the event such materials cannot be found when
30 needed, on proper request, produce the receipt which they are
31 to take as above provided.
32 The county clerk or board of election commissioners shall
33 deliver a copy of each tally sheet to the county chairmen of
34 the two largest political parties.
-11- LRB9204365JMmbam06
1 Where voting machines or electronic voting systems are
2 used, the provisions of this section may be modified as
3 required or authorized by Article 24, and Article 24A, or
4 Article 24B, whichever is applicable.
5 (Source: P.A. 83-764.)
6 (10 ILCS 5/7-66)
7 Sec. 7-66. Electronic voting systems; precinct
8 tabulation optical scan technology voting equipment.
9 If the election authority has adopted the use of
10 electronic voting systems pursuant to Article 24A of this
11 Code or Precinct Tabulation Optical Scan Technology voting
12 equipment pursuant to Article 24B of this Code, and the
13 provisions of those Articles the Article are in conflict with
14 the provisions of this Article 7, the provisions of Article
15 24A or Article 24B, as the case may be, shall govern the
16 procedures followed by the election authority, its judges of
17 elections, and all employees and agents. In following the
18 provisions of Article 24A or Article 24B, the election
19 authority is authorized to develop and implement procedures
20 to fully utilize electronic voting systems or Precinct
21 Tabulation Optical Scan Technology voting equipment
22 authorized by the State Board of Elections as long as the
23 procedure is not in conflict with Article 24A, either Article
24 24B, or the administrative rules of the State Board of
25 Elections.
26 (Source: P.A. 89-394, eff. 1-1-97.)
27 (10 ILCS 5/15-6)
28 Sec. 15-6. Electronic voting systems; precinct
29 tabulation optical scan technology voting equipment.
30 If the election authority has adopted the use of
31 electronic voting systems pursuant to Article 24A of this
32 Code or Precinct Tabulation Optical Scan Technology voting
-12- LRB9204365JMmbam06
1 equipment pursuant to Article 24B of this Code, and the
2 provisions of those Articles the Article are in conflict with
3 the provisions of this Article 15, the provisions of Article
4 24A or Article 24B, as the case may be, shall govern the
5 procedures followed by the election authority, its judges of
6 elections, and all employees and agents. In following the
7 provisions of Article 24A or Article 24B, the election
8 authority is authorized to develop and implement procedures
9 to fully utilize electronic voting systems or Precinct
10 Tabulation Optical Scan Technology voting equipment
11 authorized by the State Board of Elections as long as the
12 procedure is not in conflict with Article 24A, either Article
13 24B, or the administrative rules of the State Board of
14 Elections.
15 (Source: P.A. 89-394, eff. 1-1-97.)
16 (10 ILCS 5/16-11)
17 Sec. 16-11. Electronic voting systems; precinct
18 tabulation optical scan technology voting equipment.
19 If the election authority has adopted the use of
20 electronic voting systems pursuant to Article 24A of this
21 Code or Precinct Tabulation Optical Scan Technology voting
22 equipment pursuant to Article 24B of this Code, and the
23 provisions of those Articles the Article are in conflict with
24 the provisions of this Article 16, the provisions of Article
25 24A or Article 24B, as the case may be, shall govern the
26 procedures followed by the election authority, its judges of
27 elections, and all employees and agents. In following the
28 provisions of Article 24A or Article 24B, the election
29 authority is authorized to develop and implement procedures
30 to fully utilize electronic voting systems or Precinct
31 Tabulation Optical Scan Technology voting equipment
32 authorized by the State Board of Elections as long as the
33 procedure is not in conflict with Article 24A, either Article
-13- LRB9204365JMmbam06
1 24B, or the administrative rules of the State Board of
2 Elections.
3 (Source: P.A. 89-394, eff. 1-1-97.)
4 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
5 Sec. 17-14. Any voter who declares upon oath, properly
6 witnessed and with his or her signature or mark affixed, that
7 he or she requires assistance to vote by reason of blindness,
8 physical disability or inability to read, write or speak the
9 English language shall, upon request, be assisted in marking
10 his or her ballot, by 2 judges of election of different
11 political parties, to be selected by all judges of election
12 of each precinct at the opening of the polls or by a person
13 of the voter's choice, other than the voter's employer or
14 agent of that employer or officer or agent of the voter's
15 union. A voter who presents an Illinois Disabled Person
16 Identification Card, issued to that person under the
17 provisions of the Illinois Identification Card Act,
18 indicating that such voter has a Class 1A or Class 2
19 disability under the provisions of Section 4A of the Illinois
20 Identification Card Act, or a voter who declares upon oath,
21 properly witnessed, that by reason of any physical disability
22 he is unable to mark his ballot shall, upon request, be
23 assisted in marking his ballot by 2 of the election officers
24 of different parties as provided above in this Section or by
25 a person of the voter's choice other than the voter's
26 employer or agent of that employer or officer or agent of the
27 voter's union. Such voter shall state specifically the reason
28 why he cannot vote without assistance and, in the case of a
29 physically disabled voter, what his physical disability is
30 and whether or not the disability is permanent. Prior to
31 entering the voting booth, the person providing the
32 assistance, if other than 2 judges of election, shall be
33 presented with written instructions on how assistance shall
-14- LRB9204365JMmbam06
1 be provided. This instruction shall be prescribed by the
2 State Board of Elections and shall include the penalties for
3 attempting to influence the voter's choice of candidates,
4 party, or votes in relation to any question on the ballot and
5 for not marking the ballot as directed by the voter.
6 Additionally, the person providing the assistance shall sign
7 an oath, swearing not to influence the voter's choice of
8 candidates, party, or votes in relation to any question on
9 the ballot and to cast the ballot as directed by the voter.
10 The oath shall be prescribed by the State Board of Elections
11 and shall include the penalty for violating this Section. In
12 the voting booth, such person shall mark the ballot as
13 directed by the voter, and shall thereafter give no
14 information regarding the same. The judges of election shall
15 enter upon the poll lists or official poll record after the
16 name of any elector who received such assistance in marking
17 his ballot a memorandum of the fact and if the disability is
18 permanent. Intoxication shall not be regarded as a physical
19 disability, and no intoxicated person shall be entitled to
20 assistance in marking his ballot.
21 The assistance a voter may receive under this Section
22 includes assistance with inserting his or her ballot in any
23 in-precinct automatic tabulating equipment as provided in
24 Articles 24A and 24B. Any prohibition in those Articles
25 against a person other than the voter inserting his or her
26 ballot in the in-precinct automatic tabulating equipment does
27 not apply to assistance received by the voter under this
28 Section.
29 No person shall secure or attempt to secure assistance in
30 voting who is not blind, physically disabled or illiterate as
31 herein provided, nor shall any person knowingly assist a
32 voter in voting contrary to the provisions of this Section.
33 (Source: P.A. 90-101, eff. 7-11-97.)
-15- LRB9204365JMmbam06
1 (10 ILCS 5/17-43)
2 Sec. 17-43. Electronic voting systems; precinct
3 tabulation optical scan technology voting equipment.
4 If the election authority has adopted the use of
5 electronic voting systems pursuant to Article 24A of this
6 Code or Precinct Tabulation Optical Scan Technology voting
7 equipment pursuant to Article 24B of this Code, and the
8 provisions of those Articles the Article are in conflict with
9 the provisions of this Article 17, the provisions of Article
10 24A or Article 24B, as the case may be, shall govern the
11 procedures followed by the election authority, its judges of
12 elections, and all employees and agents. In following the
13 provisions of Article 24A or Article 24B, the election
14 authority is authorized to develop and implement procedures
15 to fully utilize electronic voting systems or Precinct
16 Tabulation Optical Scan Technology voting equipment
17 authorized by the State Board of Elections as long as the
18 procedure is not in conflict with either Article 24A, Article
19 24B, or the administrative rules of the State Board of
20 Elections.
21 (Source: P.A. 89-394, eff. 1-1-97.)
22 (10 ILCS 5/18-40)
23 Sec. 18-40. Electronic voting systems; precinct
24 tabulation optical scan technology voting equipment.
25 If the election authority has adopted the use of
26 electronic voting systems pursuant to Article 24A of this
27 Code or Precinct Tabulation Optical Scan Technology voting
28 equipment pursuant to Article 24B of this Code, and the
29 provisions of those Articles the Article are in conflict with
30 the provisions of this Article 18, the provisions of Article
31 24A or Article 24B, as the case may be, shall govern the
32 procedures followed by the election authority, its judges of
33 elections, and all employees and agents. In following the
-16- LRB9204365JMmbam06
1 provisions of Article 24A or Article 24B, the election
2 authority is authorized to develop and implement procedures
3 to fully utilize electronic voting systems or Precinct
4 Tabulation Optical Scan Technology voting equipment
5 authorized by the State Board of Elections as long as the
6 procedure is not in conflict with either Article 24A, Article
7 24B, or the administrative rules of the State Board of
8 Elections.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/19-15)
11 Sec. 19-15. Electronic voting systems; precinct
12 tabulation optical scan technology voting equipment.
13 If the election authority has adopted the use of
14 electronic voting systems pursuant to Article 24A of this
15 Code or Precinct Tabulation Optical Scan Technology voting
16 equipment pursuant to Article 24B of this Code, and the
17 provisions of those Articles the Article are in conflict with
18 the provisions of this Article 19, the provisions of Article
19 24A or Article 24B, as the case may be, shall govern the
20 procedures followed by the election authority, its judges of
21 elections, and all employees and agents. In following the
22 provisions of Article 24A or Article 24B, the election
23 authority is authorized to develop and implement procedures
24 to fully utilize electronic voting systems or Precinct
25 Tabulation Optical Scan Technology voting equipment
26 authorized by the State Board of Elections as long as the
27 procedure is not in conflict with Article 24A, either Article
28 24B, or the administrative rules of the State Board of
29 Elections.
30 (Source: P.A. 89-394, eff. 1-1-97.)
31 (10 ILCS 5/20-15)
32 Sec. 20-15. Electronic voting systems; precinct
-17- LRB9204365JMmbam06
1 tabulation optical scan technology voting equipment.
2 If the election authority has adopted the use of
3 electronic voting systems pursuant to Article 24A of this
4 Code or Precinct Tabulation Optical Scan Technology voting
5 equipment pursuant to Article 24B of this Code, and the
6 provisions of those Articles the Article are in conflict with
7 the provisions of this Article 20, the provisions of Article
8 24A or Article 24B, as the case may be, shall govern the
9 procedures followed by the election authority, its judges of
10 elections, and all employees and agents. In following the
11 provisions of Article 24A or Article 24B, the election
12 authority is authorized to develop and implement procedures
13 to fully utilize electronic voting systems or Precinct
14 Tabulation Optical Scan Technology voting equipment
15 authorized by the State Board of Elections as long as the
16 procedure is not in conflict with Article 24A, either Article
17 24B, or the administrative rules of the State Board of
18 Elections.
19 (Source: P.A. 89-394, eff. 1-1-97.)
20 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
21 Sec. 24A-2. As used in this Article: "Computer",
22 "Automatic tabulating equipment" or "equipment" includes
23 apparatus necessary to automatically examine and count votes
24 as designated on ballots, and data processing machines which
25 can be used for counting ballots and tabulating results.
26 "Ballot card" means a ballot which is voted by the
27 process of punching.
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 ballot position numbers for each
32 candidate and question as it appears for each group of voters
33 who may cast the same ballot.
-18- LRB9204365JMmbam06
1 "Ballot labels" means the cards, papers, booklet, pages
2 or other material containing the names of officers and
3 candidates and statements of measures to be voted on.
4 "Ballot sheet" means a paper ballot printed on one or
5 both sides which is (1) designed and prepared so that the
6 voter may indicate his or her votes in designated areas,
7 which must be enclosed areas clearly printed or otherwise
8 delineated for such purpose, and (2) capable of having votes
9 marked in the designated areas automatically examined,
10 counted, and tabulated by an electronic scanning process.
11 "Ballot" may include ballot cards, ballot labels and
12 paper ballots.
13 "Separate ballot", with respect to ballot sheets, means a
14 separate portion of the ballot sheet in which the color of
15 the ink used in printing that portion of the ballot sheet is
16 distinct from the color of the ink used in printing any other
17 portion of the ballot sheet.
18 "Column" in an electronic voting system which utilizes a
19 ballot card means a space on a ballot card for punching the
20 voter's vote arranged in a row running lengthwise on the
21 ballot card.
22 "Central Counting" means the counting of ballots in one
23 or more locations selected by the election authority for the
24 processing or counting, or both, of ballots. A location for
25 central counting shall be within the territorial jurisdiction
26 of such election authority unless there is no suitable
27 tabulating equipment available within his territorial
28 jurisdiction. However, in any event a counting location shall
29 be within this State.
30 "In-precinct automatic tabulating equipment" means the
31 automatic equipment provided by the election authority that
32 is capable of counting ballots in the same precinct polling
33 place in which those ballots are cast.
34 "In-precinct counting" means the counting of ballots on
-19- LRB9204365JMmbam06
1 automatic tabulating equipment provided by the election
2 authority in the same precinct polling place in which those
3 ballots have been cast.
4 "Computer operator" means any person or persons
5 designated by the election authority to operate the automatic
6 tabulating equipment during any portion of the vote tallying
7 process in an election, but shall not include judges of
8 election operating vote tabulating equipment in the precinct.
9 "Computer program" or "program" means the set of
10 operating instructions for the automatic tabulating equipment
11 by which it examines, counts, tabulates, canvasses and prints
12 votes recorded by a voter on a ballot card or other medium.
13 "Edit listing" means a computer generated listing of the
14 names and ballot position numbers for each candidate and
15 proposition as they appear in the program for each precinct.
16 "Voting System" or "Electronic Voting System" means that
17 combination of equipment and programs used in the casting,
18 examination and tabulation of ballots and the cumulation and
19 reporting of results by electronic means.
20 "Header card" or "program card" means a data processing
21 card which is coded to indicate to the computer the precinct
22 identity of the ballot cards that will follow immediately and
23 may indicate to the computer how such ballot cards are to be
24 tabulated.
25 "Marking device" means either an apparatus in which
26 ballots or ballot cards are inserted and used in connection
27 with a punch apparatus for the piercing of ballots by the
28 voter, or any approved device for marking a paper ballot with
29 ink or other substance which will enable the ballot to be
30 tabulated by means of automatic tabulating equipment or by an
31 electronic scanning process.
32 "Precinct program memory medium" or "PPMM" means the
33 program disc or pack of an in-precinct computer tabulator
34 that is programmed for a single precinct and that may be
-20- LRB9204365JMmbam06
1 activated by means other than a header card or precinct
2 identifier card to indicate to the automatic tabulating
3 equipment the precinct identity of the ballot cards to be
4 counted by the tabulator and how such ballot cards are to be
5 counted.
6 "Public counter" means a mechanical or electronic display
7 on in-precinct automatic tabulating equipment that displays
8 the number of ballots counted by the equipment. Public
9 counters shall not display any vote totals.
10 "Redundant count" means a verification of the original
11 computer count by another count using compatible equipment or
12 by hand as part of a discovery recount.
13 "Security punch" means a punch placed on a ballot card to
14 identify to the computer program the offices and propositions
15 for which votes may be cast and to indicate the manner in
16 which votes cast should be tabulated while negating any
17 inadmissable votes.
18 "Security sleeve" or "security envelope" means an opaque
19 envelope or sleeve into which a voted ballot card shall be
20 inserted that fully covers all votes cast on the ballot and
21 that permits the ballot to be inserted into the automatic
22 tabulating equipment from within the envelope or sleeve
23 without public observation of the votes cast on the ballot.
24 "Voting defect" means an overvoted ballot, an undervoted
25 ballot, a ballot that cannot be read by automatic tabulating
26 equipment, or a ballot that does not contain the initials of
27 a judge of election.
28 "Voting defect identification" means the capability to
29 detect ballots that contain a voting defect.
30 (Source: P.A. 86-867.)
31 (10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1)
32 Sec. 24A-6.1. In all elections conducted pursuant to
33 this Article, ballot cards shall have a security punch. In
-21- LRB9204365JMmbam06
1 precincts where more than one ballot configuration may be
2 voted upon, ballot cards shall have a different security
3 punch for each ballot configuration. If a precinct has only
4 one possible ballot configuration, the ballot cards must have
5 a security punch to identify the election. Where ballot
6 cards from more than one precinct are being tabulated,
7 precinct header cards or program cards shall also be used:
8 official results shall not be generated unless the precinct
9 identification of the header cards or program cards for any
10 precinct correspond. Where the tabulating equipment being
11 used requires entering the program immediately prior to
12 tabulating the ballot cards for each precinct, the precinct
13 program may be used in lieu of header cards.
14 (Source: P.A. 82-1014.)
15 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
16 Sec. 24A-7. A separate write-in ballot, which may be in
17 the form of a paper ballot, card, extended stub of a ballot
18 card, security or envelope, or security sleeve in which the
19 elector places his ballot card after voting, shall be
20 designated and provided by the election authority if
21 necessary to permit electors to write in the names of persons
22 whose names are not on the ballot. The ballots, ballot cards,
23 and security ballot card envelopes or sleeves may, at the
24 discretion of the election authority, be printed on white
25 paper and then striped with the appropriate colors. When an
26 electronic voting system is used which utilizes a ballot stub
27 of the ballot card, each ballot card envelope shall contain
28 the write-in form and information required by Section 16-3 of
29 this Act.
30 (Source: P.A. 83-110.)
31 (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
32 Sec. 24A-8. The county clerk or board of election
-22- LRB9204365JMmbam06
1 commissioners, as the case may be, shall cause the marking
2 devices to be put in order, set, adjusted and made ready for
3 voting when delivered to the polling places. Before the
4 opening of the polls the judges of election shall compare the
5 ballots used in the marking devices with the specimen ballots
6 furnished and see that the names, numbers and letters thereon
7 agree and shall certify thereto on forms provided by the
8 county clerk or board of election commissioners, as the case
9 may be.
10 In addition, in those polling places where in-precinct
11 counting equipment is utilized, the judges of election shall
12 make an operational check of the automatic tabulating
13 equipment before the opening of the polls. Either
14 instructions for activating the precincts program memory
15 medium or a precinct identification card provided by the
16 election authority shall be entered into the automatic
17 tabulating equipment to ensure that the totals are all zeroes
18 in the count column on the printing unit.
19 Pollwatchers as provided by law shall be permitted to
20 closely observe the judges in these procedures and to
21 periodically inspect the equipment when not in use by the
22 voters to see that the ballot labels are in proper position
23 and have not been marked upon or mutilated.
24 (Source: P.A. 82-1014.)
25 (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
26 Sec. 24A-9. Prior to the public test, the election
27 authority shall conduct an errorless pre-test of the
28 automatic tabulating equipment and program to ascertain that
29 they will correctly count the votes cast for all offices and
30 all measures. On any day not less than 5 days prior to the
31 election day, the election authority shall publicly test the
32 automatic tabulating equipment and program to ascertain that
33 they will correctly count the votes cast for all offices and
-23- LRB9204365JMmbam06
1 on all measures. Public notice of the time and place of the
2 test shall be given at least 48 hours prior thereto by
3 publication once in one or more newspapers published within
4 the election jurisdiction of the election authority if a
5 newspaper is published therein, otherwise in a newspaper of
6 general circulation therein. Timely written notice stating
7 the date, time and location of the public test shall also be
8 provided to the State Board of Elections. The test shall be
9 open to representatives of the political parties, the press,
10 representatives of the State Board of Elections, and the
11 public. The test shall be conducted by processing a
12 preaudited group of ballots so punched or marked as to record
13 a predetermined number of valid votes for each candidate and
14 on each measure, and shall include for each office one or
15 more ballots which have votes in excess of the number allowed
16 by law in order to test the ability of the automatic
17 tabulating equipment to reject such votes. Such test shall
18 also include the use of precinct header cards or precinct
19 program memory medium and may include the production of an
20 edit listing. In those election jurisdictions where
21 in-precinct counting equipment is utilized, a public test of
22 both such equipment and program shall be conducted as nearly
23 as possible in the manner prescribed above. The State Board
24 of Elections may select as many election jurisdictions as the
25 Board deems advisable in the interests of the election
26 process of this State in which to order a special test of the
27 automatic tabulating equipment and program prior to any
28 regular election. The Board may order a special test in any
29 election jurisdiction where, during the preceding twelve
30 months, computer programming errors or other errors in the
31 use of electronic voting systems resulted in vote tabulation
32 errors. Not less than 30 days prior to any election, the
33 State Board of Elections shall provide written notice to
34 those selected jurisdictions of their intent to conduct a
-24- LRB9204365JMmbam06
1 test. Within 5 days of receipt of the State Board of
2 Elections' written notice of intent to conduct a test, the
3 selected jurisdictions shall forward to the principal office
4 of the State Board of Elections a copy of all specimen
5 ballots. The State Board of Elections' tests shall be
6 conducted and completed not less than 2 days prior to the
7 public test utilizing testing materials supplied by the Board
8 and under the supervision of the Board, and the Board shall
9 reimburse the election authority for the reasonable cost of
10 computer time required to conduct the special test. After
11 an errorless test, materials used in the public test,
12 including the program, if appropriate, shall be sealed and
13 remain so until the test is run again on election day. If any
14 error is detected, the cause therefor shall be ascertained
15 and corrected and an errorless public test shall be made
16 before the automatic tabulating equipment is approved. Each
17 election authority shall file a sealed copy of each tested
18 program to be used within its jurisdiction at an election
19 with the State Board of Elections prior to the election. The
20 Board shall secure the program or programs of each election
21 jurisdiction so filed in its office for the 60 days following
22 the canvass and proclamation of election results. Upon the
23 expiration of that time, if no election contest or appeal
24 therefrom is pending in an election jurisdiction, the Board
25 shall return the sealed program or programs to the election
26 authority of the jurisdiction. Except where in-precinct
27 counting equipment is utilized, the test shall be repeated
28 immediately before the start of the official count of the
29 ballots, in the same manner as set forth above. After the
30 completion of the count, the test shall be re-run using the
31 same program. An election jurisdiction that was employing,
32 as of January 1, 1983, an electronic voting system that,
33 because of its design, is not technically capable of
34 compliance with such a post-tabulation testing requirement
-25- LRB9204365JMmbam06
1 shall satisfy the post-tabulation testing requirement by
2 conducting the post-tabulation test on a duplicate program
3 until such electronic voting system is replaced or until
4 November 1, 1992, whichever is earlier. Immediately
5 thereafter the ballots, all material employed in testing the
6 program and the program shall be sealed and retained under
7 the custody of the election authority for a period of 60
8 days. At the expiration of that time the election authority
9 shall destroy the voted ballot cards, together with all
10 unused ballots returned from the precincts. Provided, if any
11 contest of election is pending at such time in which such
12 ballots may be required as evidence and such election
13 authority has notice thereof, the same shall not be destroyed
14 until after such contest is finally determined. If the use of
15 back-up equipment becomes necessary, the same testing
16 required for the original equipment shall be conducted.
17 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
18 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
19 Sec. 24A-10.1. In an election jurisdiction where
20 in-precinct automatic tabulating counting equipment is
21 utilized, the following procedures for counting and tallying
22 the ballots set forth in this Section and in Section 24A-14
23 shall apply:
24 (a) Voter ballot insertion during poll hours.
25 (1) The in-precinct automatic tabulating equipment
26 shall be set to count each ballot for candidates and for
27 or against propositions to be voted upon as the ballot is
28 inserted into the automatic tabulating equipment, and the
29 equipment shall internally tally accurate vote totals for
30 all such candidates and for and against all such
31 propositions. Before the opening of the polls and before
32 ballots are entered into the counting equipment, the
33 judges of election shall turn on the automatic tabulating
-26- LRB9204365JMmbam06
1 equipment, activate the precinct program memory medium,
2 and verify that the public counter is set at zero.
3 (2) After the polls have been declared open, each
4 ballot shall be inserted into the automatic tabulating
5 equipment by the voter immediately after the voter has
6 completed marking his or her ballot and placing it in a
7 security envelope or sleeve. The ballot shall be
8 inserted into the automatic tabulating equipment from
9 within the security envelope or sleeve without public
10 observation of the votes cast on the ballot. The judges
11 of election shall not handle any voted ballot except as
12 provided in this Code for uninitialed, spoiled, and
13 defective and damaged ballots. Each voted ballot shall
14 be deposited into a secure ballot box immediately after
15 it has been counted by the automatic tabulating
16 equipment.
17 (3) The automatic tabulating equipment shall have
18 voting defect identification capability, and the
19 equipment shall be set to automatically return to the
20 voter any ballot that does not contain a judge's initial
21 in the area required by this Code. If the judges of
22 election reasonably believe that the failure to initial
23 the ballot was due to an error by the judges and that no
24 fraud or other irregularity has occurred affecting the
25 integrity of the ballots, the ballot shall then be
26 initialed by one of the judges of election and
27 re-inserted by the voter into the automatic tabulating
28 equipment. Otherwise, the ballot shall be marked
29 "Spoiled Ballot", initialed by all judges immediately
30 under the words "Spoiled Ballot", and not counted. The
31 judges shall initial and issue a new ballot to the voter
32 in lieu of the original "Spoiled Ballot" and the voter
33 shall then be permitted to vote the new ballot.
34 (4) The automatic tabulating equipment shall be set
-27- LRB9204365JMmbam06
1 to automatically return to the voter any ballot on which
2 the number of votes for an office or proposition exceeds
3 the number of votes that the voter is entitled to cast.
4 If the voter, after being informed that an overvote has
5 occurred, determines to have the ballot counted despite
6 containing an overvote, the automatic tabulating
7 equipment shall be set to accept the ballot and count the
8 votes for or against propositions and for candidates for
9 offices for which there is no overvote. If the overvoted
10 ballot was also rejected because it lacks a judge's
11 initials, the voter may request that a judge initial the
12 ballot before the voter re-inserts the ballot into the
13 automatic tabulating equipment. If the voter determines
14 to have the overvoted ballot rejected and to vote a new
15 ballot, the original ballot shall be marked "Spoiled
16 Ballot", initialed by all judges immediately under the
17 words "Spoiled Ballot", and not counted. The judges
18 shall issue a new ballot to the voter in lieu of the
19 original "Spoiled Ballot" and the voter shall then be
20 permitted to vote the new ballot.
21 (5) The automatic tabulating equipment, to the
22 extent the equipment is capable, shall be set to
23 automatically return to the voter any ballot on which the
24 number of votes for an office or proposition is less than
25 the number of votes that the voter is entitled to cast.
26 The voter, after being informed that an undervote has
27 occurred, may return to the voting area and complete
28 voting that ballot. If the voter, after being informed
29 that an undervote has occurred, determines to have the
30 ballot counted despite containing an undervote, the
31 automatic tabulating equipment shall be set to accept the
32 ballot and count the votes for or against propositions
33 and for candidates for offices. If the undervoted ballot
34 was also rejected because it lacks a judge's initials,
-28- LRB9204365JMmbam06
1 the voter may request that a judge initial the ballot
2 before the voter re-inserts the ballot into the automatic
3 tabulating equipment. If the voter determines to have the
4 undervoted ballot rejected and to vote a new ballot, the
5 original ballot shall be marked "Spoiled Ballot",
6 initialed by all judges immediately under the words
7 "Spoiled Ballot", and not counted. The judges shall
8 issue a new ballot to the voter in lieu of the original
9 "Spoiled Ballot" and the voter shall then be permitted to
10 vote the new ballot.
11 (6) The automatic tabulating equipment shall be set
12 to return any ballot that is damaged or defective and
13 cannot properly be read by the automatic tabulating
14 equipment. The ballot shall be marked "Spoiled Ballot",
15 initialed by all judges immediately under the words
16 "Spoiled Ballot", and not counted. The judges shall
17 initial and issue a new ballot to the voter in lieu of
18 the original "Spoiled Ballot" and the voter shall then be
19 permitted to vote the new ballot.
20 (7) Immediately after the closing of the polls and
21 after the insertion of absentee ballots entitled to be
22 counted, the automatic tabulating equipment shall be
23 locked against further processing of ballots and the vote
24 totals shall be displayed and read.
25 (8) Throughout the election day and before the
26 close of the polls, no person shall be permitted to check
27 for vote totals for any candidate or proposition on the
28 automatic tabulating equipment. However, any voter,
29 judge of election, or poll watcher may examine the number
30 of counted ballots shown on the public counter of the
31 automatic tabulating equipment when the polls are open.
32 During the time that polling places are open for voting,
33 no person may reset the equipment for re-insertion of
34 ballots except upon the specific authorization of the
-29- LRB9204365JMmbam06
1 election authority; the automatic tabulating equipment
2 shall be programmed to prevent such re-insertion unless
3 provided a code by an authorized representative of the
4 election authority. If the automatic tabulating
5 equipment becomes inoperative during voting hours, until
6 such time as it is repaired and restarted by a
7 representative of the election authority, the voters
8 shall deposit their voted ballots into the secure portion
9 of the supply carrier case or other secure ballot
10 container supplied by the election authority and the
11 judges of election shall open the container used for this
12 purpose only after the close of the polls and shall then
13 insert each of the deposited ballots into the automatic
14 tabulating equipment to be tallied.
15 (b) Procedures after the close of the polls.
16 (1) Immediately after the closing of the polls, the
17 absentee ballots delivered to the precinct judges of
18 election by the election authority shall be examined to
19 determine that such ballots comply with Sections 19-9 and
20 20-9 of this Act and are entitled to be deposited in the
21 ballot box; those entitled to be deposited in the ballot
22 box shall be initialed by the precinct judges of election
23 and deposited in the ballot box. Those not entitled to
24 be deposited in the ballot box shall be marked "Rejected"
25 and disposed of as provided in said Sections 19-9 and
26 20-9.
27 (2) The precinct judges of election shall open the
28 ballot box and count the number of ballots therein to
29 determine if such number agrees with the number of voters
30 voting as shown by the automatic tabulating equipment, by
31 the public counter on the automatic tabulating equipment
32 where available, and by applications for ballot. or, If
33 the same do not agree, the judges of election shall make
34 such ballots agree with the applications for ballot in
-30- LRB9204365JMmbam06
1 the manner provided by Section 17-18 of this Code Act.
2 (3) The judges of election shall then examine all
3 ballot cards and ballot card envelopes which are in the
4 ballot box to determine whether the ballot cards and
5 ballot card envelopes contain the initials of a precinct
6 judge of election. If any ballot card or ballot card
7 envelope is not initialed, it shall be marked on the back
8 "Defective", initialed as to such label by all judges
9 immediately under the word "Defective" and not counted.
10 The judges of election shall place an initialed blank
11 official ballot card in the place of the defective ballot
12 card, so that the count of the ballot cards to be counted
13 on the automatic tabulating equipment will be the same,
14 and each "Defective Ballot" card and "Replacement" card
15 shall contain the same serial number which shall be
16 placed thereon by the judges of election, commencing with
17 number 1 and continuing consecutively for the ballots of
18 that kind in that precinct. The original "Defective" card
19 shall be placed in the "Defective Ballot Envelope"
20 provided for that purpose.
21 (4) When an electronic voting system is used which
22 utilizes a ballot card, before separating the remaining
23 ballot cards from their respective covering envelopes or
24 sleeves, the judges of election shall examine the ballot
25 cards, ballot card envelopes, ballot card stubs, or
26 security sleeves for write-in votes. When the voter has
27 cast a write-in vote, the judges of election shall
28 compare the write-in vote with the votes on the ballot
29 card to determine whether such write-in results in an
30 overvote for any office unless the automatic tabulating
31 equipment has already done so. In case of an overvote
32 for any office, the judges of election, consisting in
33 each case of at least one judge of election of each of
34 the 2 major political parties, shall make a true
-31- LRB9204365JMmbam06
1 duplicate ballot of all votes on such ballot card except
2 for the office which is overvoted, by using the ballot
3 label booklet of the precinct and one of the marking
4 devices of the precinct so as to transfer all votes of
5 the voter, except for the office overvoted, to a
6 duplicate card. The original ballot card and envelope
7 upon which there is an overvote shall be clearly labeled
8 "Overvoted Ballot", and each such "Overvoted Ballot" as
9 well as its "Replacement" shall contain the same serial
10 number which shall be placed thereon by the judges of
11 election, commencing with number 1 and continuing
12 consecutively for the ballots of that kind in that
13 precinct. The "Overvoted Ballot" card and ballot
14 envelope shall be placed in an envelope provided for that
15 purpose labeled "Duplicate Ballot" envelope, and the
16 judges of election shall initial the "Replacement" ballot
17 cards and shall place them with the other ballot cards to
18 be counted on the automatic tabulating equipment.
19 Envelopes, ballot cards, ballot card stubs, or security
20 envelopes or sleeves containing write-in votes marked in
21 the place designated therefor and containing the initials
22 of a precinct judge of election and not resulting in an
23 overvote and otherwise complying with the election laws
24 as to marking shall be counted and tallied and their
25 votes recorded on a tally sheet provided by the election
26 authority.
27 The ballot cards and ballot card envelopes or
28 sleeves shall be separated in preparation for counting by
29 the automatic tabulating equipment provided for that
30 purpose by the election authority.
31 (5) After closing the polls and examining the
32 absentee ballots pursuant to subsection (c)(1) of this
33 Section, the judges of election shall insert into the
34 automatic tabulating equipment all absentee ballots
-32- LRB9204365JMmbam06
1 entitled to be counted. Thereafter, the judges of
2 election shall generate vote totals for all candidates
3 and propositions.
4 Before the ballots are entered into the automatic
5 tabulating equipment, a precinct identification card
6 provided by the election authority shall be entered into
7 the device to ensure that the totals are all zeroes in
8 the count column on the printing unit. A precinct judge
9 of election shall then count the ballots by entering each
10 ballot card into the automatic tabulating equipment, and
11 if any ballot or ballot card is damaged or defective so
12 that it cannot properly be counted by the automatic
13 tabulating equipment, the judges of election, consisting
14 in each case of at least one judge of election of each of
15 the 2 major political parties, shall make a true
16 duplicate ballot of all votes on such ballot card by
17 using the ballot label booklet of the precinct and one of
18 the marking devices of the precinct. The original ballot
19 or ballot card and envelope shall be clearly labeled
20 "Damaged Ballot" and the ballot or ballot card so
21 produced shall be clearly labeled "Duplicate Damaged
22 Ballot", and each shall contain the same serial number
23 which shall be placed thereon by the judges of election,
24 commencing with number 1 and continuing consecutively for
25 the ballots of that kind in the precinct. The judges of
26 election shall initial the "Duplicate Damaged Ballot"
27 ballot or ballot cards and shall enter the duplicate
28 damaged cards into the automatic tabulating equipment.
29 The "Damaged Ballot" cards shall be placed in the
30 "Duplicated Ballots" envelope; after all ballot cards
31 have been successfully read, the judges of election shall
32 check to make certain that the last number printed by the
33 printing unit is the same as the number of voters making
34 application for ballot in that precinct. The number
-33- LRB9204365JMmbam06
1 shall be listed on the "Statement of Ballots" form
2 provided by the election authority.
3 (6) The totals for all candidates and propositions
4 shall be tabulated; 4 sets shall be attached to the 4
5 sets of "Certificate of Results", which may be generated
6 by the automatic tabulating equipment, provided by the
7 election authority; one set shall be posted in a
8 conspicuous place inside the polling place; and every
9 effort shall be made by the judges of election to provide
10 a set for each authorized pollwatcher or other official
11 authorized to be present in the polling place to observe
12 the counting of ballots; but in no case shall the number
13 of sets to be made available to pollwatchers be fewer
14 than 4, chosen by lot by the judges of election. In
15 addition, sufficient time shall be provided by the judges
16 of election to the pollwatchers to allow them to copy
17 information from the set which has been posted.
18 (7) The judges of election shall count all unused
19 ballot cards and enter the number on the "Statement of
20 Ballots". All "Spoiled", "Defective" and "Duplicated"
21 ballot cards shall be counted and the number entered on
22 the "Statement of Ballots".
23 (8) The precinct judges of election shall select a
24 bi-partisan team of 2 judges, who shall immediately
25 return the ballots in a sealed container, along with all
26 other election materials as instructed by the election
27 authority; provided, however, that such container must
28 first be sealed by the election judges with filament tape
29 provided for such purpose which shall be wrapped around
30 the container lengthwise and crosswise, at least twice
31 each way, in such manner that the ballots cannot be
32 removed from such container without breaking the seal and
33 filament tape and disturbing any signatures affixed by
34 the election judges to the container. The election
-34- LRB9204365JMmbam06
1 authority shall keep the office of the election
2 authority, or any receiving stations designated by such
3 authority, open for at least 12 consecutive hours after
4 the polls close or until the ballots from all precincts
5 with in-precinct automatic tabulating counting equipment
6 within the jurisdiction of the election authority have
7 been returned to the election authority. Ballots returned
8 to the office of the election authority which are not
9 signed and sealed as required by law shall not be
10 accepted by the election authority until the judges
11 returning the same make and sign the necessary
12 corrections. Upon acceptance of the ballots by the
13 election authority, the judges returning the same shall
14 take a receipt signed by the election authority and
15 stamped with the time and date of such return. The
16 election judges whose duty it is to return any ballots as
17 herein provided shall, in the event such ballots cannot
18 be found when needed, on proper request, produce the
19 receipt which they are to take as above provided.
20 (Source: P.A. 83-1362.)
21 (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
22 Sec. 24A-14. Damaged ballots. In precincts that utilize
23 in-precinct automatic tabulating equipment having voting
24 defect identification capability and in which voters insert
25 their ballots into the automatic tabulating equipment, if any
26 ballot is damaged or defective so that it cannot properly be
27 counted by the automatic tabulating equipment, that ballot
28 shall be treated as a spoiled ballot as provided in Section
29 24A-10.1. If any ballot is damaged or defective so that it
30 cannot properly be counted by the automatic tabulating
31 equipment, a true duplicate copy shall be made of the damaged
32 ballot in the presence of witnesses and substituted for the
33 damaged ballot. Likewise, a duplicate ballot shall be made of
-35- LRB9204365JMmbam06
1 a defective ballot which shall not include the invalid votes.
2 All duplicate ballots shall be clearly labeled "duplicate",
3 shall bear a serial number which shall be registered on the
4 damaged or defective ballot, and shall be counted in lieu of
5 the damaged or defective ballot.
6 (Source: Laws 1965, p. 2220.)
7 (10 ILCS 5/24B-2)
8 Sec. 24B-2. Definitions. As used in this Article:
9 "Computer", "automatic tabulating equipment" or
10 "equipment" includes apparatus necessary to automatically
11 examine and count votes as designated on ballots, and data
12 processing machines which can be used for counting ballots
13 and tabulating results.
14 "Ballot" means paper ballot sheets.
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 questions as it appears for each group of
19 voters who may cast the same ballot.
20 "Ballot sheet" means a paper ballot printed on one or
21 both sides which is (1) designed and prepared so that the
22 voter may indicate his or her votes in designated areas,
23 which must be areas clearly printed or otherwise delineated
24 for such purpose, and (2) capable of having votes marked in
25 the designated areas automatically examined, counted, and
26 tabulated by an electronic scanning process.
27 "Central counting" means the counting of ballots in one
28 or more locations selected by the election authority for the
29 processing or counting, or both, of ballots. A location for
30 central counting shall be within the territorial jurisdiction
31 of the election authority unless there is no suitable
32 tabulating equipment available within his territorial
33 jurisdiction. However, in any event a counting location
-36- LRB9204365JMmbam06
1 shall be within this State.
2 "Computer operator" means any person or persons
3 designated by the election authority to operate the automatic
4 tabulating equipment during any portion of the vote tallying
5 process in an election, but shall not include judges of
6 election operating vote tabulating equipment in the precinct.
7 "Computer program" or "program" means the set of
8 operating instructions for the automatic tabulating equipment
9 that examines, counts, tabulates, canvasses and prints votes
10 recorded by a voter on a ballot.
11 "Edit listing" means a computer generated listing of the
12 names of each candidate and proposition as they appear in the
13 program for each precinct.
14 "Header sheet" means a data processing document which is
15 coded to indicate to the computer the precinct identity of
16 the ballots that will follow immediately and may indicate to
17 the computer how such ballots are to be tabulated.
18 "In-precinct automatic tabulating equipment" means the
19 automatic equipment provided by the election authority that
20 is capable of counting ballots in the same precinct polling
21 place in which those ballots are cast.
22 "In-precinct counting" means the counting of ballots on
23 automatic tabulating equipment provided by the election
24 authority in the same precinct polling place in which those
25 ballots have been cast.
26 "Marking device" means a pen or similar device approved
27 by the State Board of Elections for marking a paper ballot
28 with ink or other substance which will enable the ballot to
29 be tabulated by automatic tabulating equipment or by an
30 electronic scanning process.
31 "Precinct Tabulation Optical Scan Technology" means the
32 capability to examine a ballot through electronic means and
33 tabulate the votes at one or more counting places.
34 "Redundant count" means a verification of the original
-37- LRB9204365JMmbam06
1 computer count by another count using compatible equipment or
2 by hand as part of a discovery recount.
3 "Security designation" means a printed designation placed
4 on a ballot to identify to the computer program the offices
5 and propositions for which votes may be cast and to indicate
6 the manner in which votes cast should be tabulated while
7 negating any inadmissible votes.
8 "Separate ballot", with respect to ballot sheets, means a
9 separate portion of the ballot sheet which is clearly defined
10 by a border or borders or shading.
11 "Voting defect identification" means the capability to
12 detect overvoted ballots that contain a voting defect or
13 ballots which cannot be read by the automatic tabulating
14 equipment.
15 "Voting defects" means an overvoted ballot, an undervoted
16 ballot, or a ballot which cannot be read by the automatic
17 tabulating equipment, or a ballot that does not contain the
18 initials of a judge of election.
19 "Voting system" or "electronic voting system" means that
20 combination of equipment and programs used in the casting,
21 examination and tabulation of ballots and the cumulation and
22 reporting of results by electronic means.
23 (Source: P.A. 89-394, eff. 1-1-97.)
24 (10 ILCS 5/24B-10.1)
25 Sec. 24B-10.1. In-Precinct Counting Equipment;
26 Procedures for Counting and Tallying Ballots. In an election
27 jurisdiction where Precinct Tabulation Optical Scan
28 Technology counting equipment is used, the following
29 procedures for counting and tallying the ballots shall apply:
30 (a) The in-precinct automatic tabulating equipment shall
31 be set to count each ballot for candidates and for or against
32 propositions to be voted upon as the ballot is inserted into
33 the automatic tabulating equipment, and the equipment shall
-38- LRB9204365JMmbam06
1 internally tally accurate vote totals for all such candidates
2 and for and against all such propositions. Before the opening
3 of the polls, and before the ballots are entered into the
4 automatic tabulating equipment, the judges of election shall
5 turn on the automatic tabulating equipment, activate the
6 precinct program memory medium, and verify that the public
7 counter is set at zero shall be sure that the totals are all
8 zeros in the counting column. Ballots may then be counted by
9 entering each ballot into the automatic tabulating equipment.
10 After the polls have been declared open, each ballot
11 shall be inserted into the automatic tabulating equipment by
12 the voter immediately after the voter has completed marking
13 his or her ballot. The ballot shall be inserted into the
14 automatic tabulating equipment without public observation of
15 the votes cast on the ballot. The judges of election shall
16 not handle any voted ballot except as provided in this Code
17 for uninitialed, spoiled, and defective and damaged ballots.
18 Each voted ballot shall be deposited into a secure ballot box
19 immediately after it has been counted by the automatic
20 tabulating equipment.
21 Immediately after the closing of the polls and after the
22 insertion of absentee ballots entitled to be counted, the
23 automatic tabulating equipment shall be locked against
24 further processing of ballots and the vote totals shall be
25 displayed and read.
26 Throughout the election day and before the closing of the
27 polls, no person shall be permitted to may check for any vote
28 totals for any candidate or proposition on the automatic
29 tabulating equipment. However, any voter, judge of election,
30 or poll watcher may examine the number of counted ballots
31 shown on the public counter of the automatic tabulating
32 equipment when the polls are open. During the time that
33 polling places are open for voting, no person may reset the
34 equipment for re-insertion of ballots except upon the
-39- LRB9204365JMmbam06
1 specific authorization of the election authority; the
2 automatic tabulating equipment shall be programmed to prevent
3 such re-insertion unless provided a code by an authorized
4 representative of the election authority. If the automatic
5 tabulating equipment becomes inoperative during voting hours,
6 until such time as it is repaired and restarted by a
7 representative of the election authority, the voters shall
8 deposit their voted ballots into the secure portion of the
9 supply carrier case or other secure ballot container supplied
10 by the election authority and the judges of election shall
11 open the container used for this purpose only after the close
12 of the polls and shall then insert each of the deposited
13 ballots into the automatic tabulating equipment to be
14 tallied. Such automatic tabulating equipment shall be
15 programmed so that no person may reset the equipment for
16 refeeding of ballots unless provided a code from an
17 authorized representative of the election authority. At the
18 option of the election authority, the ballots may be fed into
19 the Precinct Tabulation Optical Scan Technology equipment by
20 the voters under the direct supervision of the judges of
21 elections.
22 (b) The in-precinct automatic tabulating equipment shall
23 have the capability to identify voting defects. The election
24 authority shall develop and implement procedures for the
25 following:
26 (1) The equipment shall be set to automatically
27 return to the voter any ballot that does not contain a
28 judge's initial in the area required by this Code. If
29 the judges of election reasonably believe that the
30 failure to initial the ballot was due to an error by the
31 judges and that no fraud or other irregularity has
32 occurred affecting the integrity of the ballots, the
33 ballot shall then be initialed by one of the judges of
34 election and re-inserted by the voter into the automatic
-40- LRB9204365JMmbam06
1 tabulating equipment. Otherwise, the ballot shall be
2 marked "Spoiled Ballot", initialed by all judges
3 immediately under the words "Spoiled Ballot", and not
4 counted. The judges shall initial and issue a new ballot
5 to the voter in lieu of the original "Spoiled Ballot" and
6 the voter shall then be permitted to vote the new ballot.
7 (2) The counting equipment shall be set to
8 automatically return to the voter any ballot on which the
9 number of votes for an office or proposition exceeds the
10 number of votes that the voter is entitled to cast. If
11 the voter, after being informed that an overvote has
12 occurred, determines to have the ballot counted despite
13 containing an overvote, the automatic tabulating
14 equipment shall be set to accept the ballot and count the
15 votes for or against propositions and for candidates for
16 offices for which there is no overvote. If the overvoted
17 ballot was also rejected because it lacks a judge's
18 initials, the voter may request that a judge initial the
19 ballot before the voter re-inserts the ballot into the
20 automatic tabulating equipment. If the voter determines
21 to have the overvoted ballot rejected and to vote a new
22 ballot, the original ballot shall be marked "Spoiled
23 Ballot", initialed by all judges immediately under the
24 words "Spoiled Ballot", and not counted. The judges
25 shall issue a new ballot to the voter in lieu of the
26 original "Spoiled Ballot" and the voter shall then be
27 permitted to vote the new ballot.
28 (3) The counting equipment, to the extent the
29 equipment is capable, shall be set to automatically
30 return to the voter any ballot on which the number of
31 votes for an office or proposition is less than the
32 number of votes that the voter is entitled to cast. The
33 voter, after being informed that an undervote has
34 occurred, may return to the voting area and complete
-41- LRB9204365JMmbam06
1 voting that ballot. If the voter, after being informed
2 that an undervote has occurred, determines to have the
3 ballot counted despite containing an undervote, the
4 automatic tabulating equipment shall be set to accept the
5 ballot and count the votes for or against propositions
6 and for candidates for offices. If the undervoted ballot
7 was also rejected because it lacks a judge's initials,
8 the voter may request that a judge initial the ballot
9 before the voter re-inserts the ballot into the automatic
10 tabulating equipment. If the voter determines to have the
11 undervoted ballot rejected and to vote a new ballot, the
12 original ballot shall be marked "Spoiled Ballot",
13 initialed by all judges immediately under the words
14 "Spoiled Ballot", and not counted. The judges shall
15 issue a new ballot to the voter in lieu of the original
16 "Spoiled Ballot" and the voter shall then be permitted to
17 vote the new ballot.
18 (4) The equipment shall be set to return any ballot
19 that is damaged or defective and cannot properly be read
20 by the automatic tabulating equipment. The ballot shall
21 be marked "Spoiled Ballot", initialed by all judges
22 immediately under the words "Spoiled Ballot", and not
23 counted. The judges shall initial and issue a new ballot
24 to the voter in lieu of the original "Spoiled Ballot" and
25 the voter shall then be permitted to vote the new ballot.
26 (c) Immediately after the closing of the polls, the
27 absentee ballots delivered to the precinct judges of election
28 by the election authority shall be examined to determine that
29 the ballots comply with Sections 19-9 and 20-9 of this Code
30 and are entitled to be scanned by the Precinct Tabulation
31 Optical Scan Technology equipment and then deposited in the
32 ballot box; those entitled to be scanned and deposited in the
33 ballot box shall be initialed by the precinct judges of
34 election and then scanned and deposited in the ballot box.
-42- LRB9204365JMmbam06
1 Those not entitled to be deposited in the ballot box shall be
2 marked "Rejected" and disposed of as provided in said
3 Sections 19-9 and 20-9.
4 The precinct judges of election shall open the ballot box
5 and count the number of ballots to determine if the number
6 agrees with the number of voters voting as shown on the
7 Precinct Tabulation Optical Scan Technology equipment and by
8 the applications for ballot or, if the same do not agree, the
9 judges of election shall make the ballots agree with the
10 applications for ballot in the manner provided by Section
11 17-18 of this Code. The judges of election shall then
12 examine all ballots which are in the ballot box to determine
13 whether the ballots contain the initials of a precinct judge
14 of election. If any ballot is not initialed, it shall be
15 marked on the back "Defective", initialed as to such label by
16 all judges immediately under the word "Defective" and not
17 counted. The judges of election shall place an initialed
18 blank official ballot in the place of the defective ballot,
19 so that the count of the ballots to be counted on the
20 automatic tabulating equipment will be the same, and each
21 "Defective Ballot" and "Replacement" ballot shall contain the
22 same serial number which shall be placed thereon by the
23 judges of election, beginning with number 1 and continuing
24 consecutively for the ballots of that kind in that precinct.
25 The original "Defective" ballot shall be placed in the
26 "Defective Ballot Envelope" provided for that purpose.
27 If the judges of election have removed a ballot pursuant
28 to Section 17-18, have labeled "Defective" a ballot which is
29 not initialed, or have otherwise determined under this Code
30 to not count a ballot originally deposited into a ballot box,
31 the judges of election shall be sure that the totals on the
32 automatic tabulating equipment are reset to all zeros in the
33 counting column. Thereafter the judges of election shall
34 enter each ballot to be counted in the automatic tabulating
-43- LRB9204365JMmbam06
1 equipment. Resetting the automatic tabulating equipment to
2 all zeros and re-entering of ballots to be counted may occur
3 at the precinct polling place, the office of the election
4 authority, or any receiving station designated by the
5 election authority. The election authority shall designate
6 the place for resetting and re-entering.
7 When a Precinct Tabulation Optical Scan Technology
8 electronic voting system is used which uses a paper ballot,
9 the judges of election shall examine the ballot for write-in
10 votes. When the voter has cast a write-in vote, the judges
11 of election shall compare the write-in vote with the votes on
12 the ballot to determine whether the write-in results in an
13 overvote for any office, unless the Precinct Tabulation
14 Optical Scan Technology equipment has already done so. In
15 case of an overvote for any office, the judges of election,
16 consisting in each case of at least one judge of election of
17 each of the 2 major political parties, shall make a true
18 duplicate ballot of all votes on such ballot except for the
19 office which is overvoted, by using the ballot of the
20 precinct and one of the marking devices of the precinct so as
21 to transfer all votes of the voter, except for the office
22 overvoted, to a duplicate ballot. The original ballot upon
23 which there is an overvote shall be clearly labeled
24 "Overvoted Ballot", and each such "Overvoted Ballot" as well
25 as its "Replacement" shall contain the same serial number
26 which shall be placed thereon by the judges of election,
27 beginning with number 1 and continuing consecutively for the
28 ballots of that kind in that precinct. The "Overvoted
29 Ballot" shall be placed in an envelope provided for that
30 purpose labeled "Duplicate Ballot" envelope, and the judges
31 of election shall initial the "Replacement" ballots and shall
32 place them with the other ballots to be counted on the
33 automatic tabulating equipment.
34 If any ballot is damaged or defective, or if any ballot
-44- LRB9204365JMmbam06
1 contains a Voting Defect, so that it cannot properly be
2 counted by the automatic tabulating equipment, the voter or
3 the judges of election, consisting in each case of at least
4 one judge of election of each of the 2 major political
5 parties, shall make a true duplicate ballot of all votes on
6 such ballot by using the ballot of the precinct and one of
7 the marking devices of the precinct. If a damaged ballot,
8 the original ballot shall be clearly labeled "Damaged Ballot"
9 and the ballot so produced shall be clearly labeled "Damaged
10 Ballot" and the ballot so produced shall be clearly labeled
11 "Duplicate Damaged Ballot", and each shall contain the same
12 serial number which shall be placed by the judges of
13 election, beginning with number 1 and continuing
14 consecutively for the ballots of that kind in the precinct.
15 The judges of election shall initial the "Duplicate Damaged
16 Ballot" ballot and shall enter the duplicate damaged ballot
17 into the automatic tabulating equipment. The "Damaged
18 Ballots" shall be placed in the "Duplicated Ballots"
19 envelope; after all ballots have been successfully read, the
20 judges of election shall check to make certain that the
21 Precinct Tabulation Optical Scan Technology equipment readout
22 agrees with the number of voters making application for
23 ballot in that precinct. The number shall be listed on the
24 "Statement of Ballots" form provided by the election
25 authority.
26 The totals for all candidates and propositions shall be
27 tabulated; and 4 copies of a "Certificate of Results" shall
28 be generated by the automatic tabulating equipment; one copy
29 shall be posted in a conspicuous place inside the polling
30 place; and every effort shall be made by the judges of
31 election to provide a copy for each authorized pollwatcher or
32 other official authorized to be present in the polling place
33 to observe the counting of ballots; but in no case shall the
34 number of copies to be made available to pollwatchers be
-45- LRB9204365JMmbam06
1 fewer than 4, chosen by lot by the judges of election. In
2 addition, sufficient time shall be provided by the judges of
3 election to the pollwatchers to allow them to copy
4 information from the copy which has been posted.
5 The judges of election shall count all unused ballots and
6 enter the number on the "Statement of Ballots". All
7 "Spoiled", "Defective" and "Duplicated" ballots shall be
8 counted and the number entered on the "Statement of Ballots".
9 The precinct judges of election shall select a
10 bi-partisan team of 2 judges, who shall immediately return
11 the ballots in a sealed container, along with all other
12 election materials as instructed by the election authority;
13 provided, however, that such container must first be sealed
14 by the election judges with filament tape or other approved
15 sealing devices provided for the purpose which shall be
16 wrapped around the container lengthwise and crosswise, at
17 least twice each way, in a manner that the ballots cannot be
18 removed from the container without breaking the seal and
19 filament tape and disturbing any signatures affixed by the
20 election judges to the container, or which other approved
21 sealing devices are affixed in a manner approved by the
22 election authority. The election authority shall keep the
23 office of the election authority or any receiving stations
24 designated by the authority, open for at least 12 consecutive
25 hours after the polls close or until the ballots from all
26 precincts with in-precinct automatic tabulating counting
27 equipment within the jurisdiction of the election authority
28 have been returned to the election authority. Ballots
29 returned to the office of the election authority which are
30 not signed and sealed as required by law shall not be
31 accepted by the election authority until the judges returning
32 the ballots make and sign the necessary corrections. Upon
33 acceptance of the ballots by the election authority, the
34 judges returning the ballots shall take a receipt signed by
-46- LRB9204365JMmbam06
1 the election authority and stamped with the time and date of
2 the return. The election judges whose duty it is to return
3 any ballots as provided shall, in the event the ballots
4 cannot be found when needed, on proper request, produce the
5 receipt which they are to take as above provided. The
6 precinct judges of election shall also deliver the Precinct
7 Tabulation Optical Scan Technology equipment to the election
8 authority.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/24B-14)
11 Sec. 24B-14. Damaged Ballots; Duplicates. In precincts
12 that utilize in-precinct automatic tabulating equipment
13 having voting defect identification capability and in which
14 voters insert their ballots into the automatic tabulating
15 equipment, if any ballot is damaged or defective so that it
16 cannot properly be counted by the automatic Precinct
17 Tabulation Optical Scan Technology tabulating equipment, that
18 ballot shall be treated as a spoiled ballot as provided in
19 Section 24B-10.1. If any ballot is damaged or defective so
20 that it cannot properly be counted by the automatic Precinct
21 Tabulation Optical Scan Technology tabulating equipment, a
22 true duplicate copy shall be made of the damaged ballot in
23 the presence of witnesses and substituted for the damaged
24 ballot. Likewise, a duplicate ballot shall be made of a
25 defective ballot which shall not include the invalid votes.
26 All duplicate ballots shall be clearly labeled "Duplicate",
27 shall bear a serial number which shall be registered on the
28 damaged or defective ballot, and shall be counted in lieu of
29 the damaged or defective ballot.
30 (Source: P.A. 89-394, eff. 1-1-97.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.".