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92_HB5646sam001 LRB9213179JMmbam03 1 AMENDMENT TO HOUSE BILL 5646 2 AMENDMENT NO. . Amend House Bill 5646 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, 17-14, 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 as follows: 9 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) 10 Sec. 7-19. The primary ballot of each political party for 11 each precinct shall be arranged and printed substantially in 12 the manner following: 13 1. Designating words. At the top of the ballot shall be 14 printed in large capital letters, words designating the 15 ballot, if a Republican ballot, the designating words shall 16 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the 17 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and 18 in like manner for each political party. 19 2. Order of Names, Directions to Voters, etc. Beginning 20 not less than one inch below designating words, the name of 21 each office to be filled shall be printed in capital letters. 22 Such names may be printed on the ballot either in a single -2- LRB9213179JMmbam03 1 column or in 2 or more columns and in the following order, 2 to-wit: 3 President of the United States, State offices, 4 congressional offices, delegates and alternate delegates to 5 be elected from the State at large to National nominating 6 conventions, delegates and alternate delegates to be elected 7 from congressional districts to National nominating 8 conventions, member or members of the State central 9 committee, trustees of sanitary districts, county offices, 10 judicial officers, city, village and incorporated town 11 offices, town offices, or of such of the said offices as 12 candidates are to be nominated for at such primary, and 13 precinct, township or ward committeemen. If two or more 14 columns are used, the foregoing offices to and including 15 member of the State central committee shall be listed in the 16 left-hand column and Senatorial offices, as defined in 17 Section 8-3, shall be the first offices listed in the second 18 column. 19 Below the name of each office shall be printed in small 20 letters the directions to voters: "Vote for one"; "Vote for 21 two"; "Vote for three"; or a spelled number designating how 22 many persons under that head are to be voted for. 23 Next to the name of each candidate for delegate or 24 alternate delegate to a national nominating convention shall 25 appear either (a) the name of the candidate's preference for 26 President of the United States or the word "uncommitted" or 27 (b) no official designation, depending upon the action taken 28 by the State central committee pursuant to Section 7-10.3 of 29 this Act. 30 Below the name of each office shall be printed in capital 31 letters the names of all candidates, arranged in the order in 32 which their petitions for nominations were filed, except as 33 otherwise provided in Sections 7-14 and 7-17 of this Article. 34 Opposite and in front of the name of each candidate shall be -3- LRB9213179JMmbam03 1 printed a square and all squares upon the primary ballot 2 shall be of uniform size. Spaces between the names of 3 candidates under each office shall be uniform and sufficient 4 spaces shall separate the names of candidates for one office 5 from the names of candidates for another office, to avoid 6 confusion and to permit the writing in of the names of other 7 candidates. 8 Where voting machines or electronic voting systems are 9 used, the provisions of this Section may be modified as 10 required or authorized by Article 24,orArticle 24A, or 11 Article 24B, whichever is applicable. 12 (Source: P.A. 83-33.) 13 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46) 14 Sec. 7-46. On receiving from the primary judges a primary 15 ballot of his party, the primary elector shall forthwith and 16 without leaving the polling place, retire alone to one of the 17 voting booths and prepare such primary ballot by marking a 18 cross (X) in the square in front of and opposite the name of 19 each candidate of his choice for each office to be filled, 20 and for delegates and alternate delegates to national 21 nominating conventions, and for committeemen, if committeemen 22 are being elected at such primary. 23 Any primary elector may, instead of voting for any 24 candidate for nomination or for committeeman or for delegate 25 or alternate delegate to national nominating conventions, 26 whose name is printed on the primary ballot, write in the 27 name of any other person affiliated with such party as a 28 candidate for the nomination for any office, or for 29 committeeman, or for delegates or alternate delegates to 30 national nominating conventions, and indicate his choice of 31 such candidate or committeeman or delegate or alternate 32 delegate, by placing to the left of and opposite the name 33 thus written a square and placing in the square a cross (X). -4- LRB9213179JMmbam03 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,orArticle 24A, or 4 Article 24B, whichever is applicable. 5 (Source: Laws 1965, p. 2220.) 6 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47) 7 Sec. 7-47. Before leaving the booth, the primary elector 8 shall fold his primary ballot in such manner as to conceal 9 the marks thereon. Such voter shall then vote forthwith by 10 handing the primary judge the primary ballot received by such 11 voter. Thereupon the primary judge shall deposit such primary 12 ballot in the ballot box. One of the judges shall thereupon 13 enter in the primary poll book the name of the primary 14 elector, his residence and his party affiliation or shall 15 make the entries on the official poll record as required by 16 articles 4, 5 and 6, if any one of them is applicable. 17 Where voting machines or electronic voting systems are 18 used, the provisions of this section may be modified as 19 required or authorized by Article 24,orArticle 24A, or 20 Article 24B, whichever is applicable. 21 (Source: Laws 1965, p. 2220.) 22 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49) 23 Sec. 7-49. After the opening of the polls at a primary no 24 adjournment shall be had nor recess taken until the canvass 25 of all the votes is completed and the returns carefully 26 enveloped and sealed. 27 Where voting machines or electronic voting systems are 28 used, the provisions of this section may be modified as 29 required or authorized by Article 24,orArticle 24A, or 30 Article 24B, whichever is applicable. 31 (Source: Laws 1965, p. 2220.) -5- LRB9213179JMmbam03 1 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52) 2 Sec. 7-52. Immediately upon closing the polls, the 3 primary judges shall proceed to canvass the votes in the 4 manner following: 5 (1) They shall separate and count the ballots of each 6 political party. 7 (2) They shall then proceed to ascertain the number of 8 names entered on the applications for ballot under each party 9 affiliation. 10 (3) If the primary ballots of any political party exceed 11 the number of applications for ballot by voters of such 12 political party, the primary ballots of such political party 13 shall be folded and replaced in the ballot box, the box 14 closed, well shaken and again opened and one of the primary 15 judges, who shall be blindfolded, shall draw out so many of 16 the primary ballots of such political party as shall be equal 17 to such excess. Such excess ballots shall be marked 18 "Excess-Not Counted" and signed by a majority of the judges 19 and shall be placed in the "After 6:00 p.m. Defective Ballots 20 Envelope". The number of excess ballots shall be noted in the 21 remarks section of the Certificate of Results. "Excess" 22 ballots shall not be counted in the total of "defective" 23 ballots; 24 (4) The primary judges shall then proceed to count the 25 primary ballots of each political party separately; and as 26 the primary judges shall open and read the primary ballots, 3 27 of the judges shall carefully and correctly mark upon 28 separate tally sheets the votes which each candidate of the 29 party whose name is written or printed on the primary ballot 30 has received, in a separate column for that purpose, with the 31 name of such candidate, the name of his political party and 32 the name of the office for which he is a candidate for 33 nomination at the head of such column. 34 Where voting machines or electronic voting systems are -6- LRB9213179JMmbam03 1 used, the provisions of this section may be modified as 2 required or authorized by Article 24,orArticle 24A, or 3 Article 24B, whichever is applicable. 4 (Source: P.A. 80-484.) 5 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53) 6 Sec. 7-53. As soon as the ballots of a political party 7 shall have been read and the votes of the political party 8 counted, as provided in the last above section, the 3 judges 9 in charge of the tally sheets shall foot up the tally sheets 10 so as to show the total number of votes cast for each 11 candidate of the political party and for each candidate for 12 State Central committeeman and precinct committeeman, 13 township committeeman or ward committeeman, and delegate and 14 alternate delegate to National nominating conventions, and 15 certify the same to be correct. Thereupon, the primary judges 16 shall set down in a certificate of results on the tally 17 sheet, under the name of the political party, the name of 18 each candidate voted for upon the primary ballot, written at 19 full length, the name of the office for which he is a 20 candidate for nomination or for committeeman, or delegate or 21 alternate delegate to National nominating conventions, the 22 total number of votes which the candidate received, and they 23 shall also set down the total number of ballots voted by the 24 primary electors of the political party in the precinct. The 25 certificate of results shall be made substantially in the 26 following form: 27 ................ Party 28 At the primary election held in the .... precinct of the 29 (1) *township of ...., or (2) *City of ...., or (3) *.... 30 ward in the city of .... on (insert date), the primary 31 electors of the .... party voted .... ballots, and the 32 respective candidates whose names were written or printed on 33 the primary ballot of the .... party, received respectively -7- LRB9213179JMmbam03 1 the following votes: 2 Name of No. of 3 Candidate, Title of Office, Votes 4 John Jones Governor 100 5 Sam Smith Governor 70 6 Frank Martin Attorney General 150 7 William Preston Rep. in Congress 200 8 Frederick John Circuit Judge 50 9 *Fill in either (1), (2) or (3). 10 And so on for each candidate. 11 We hereby certify the above and foregoing to be true and 12 correct. 13 Dated (insert date). 14 ................................... 15 Name Address 16 ................................... 17 Name Address 18 ................................... 19 Name Address 20 ................................... 21 Name Address 22 ................................... 23 Name Address 24 Judges of Primary 25 Where voting machines or electronic voting systems are 26 used, the provisions of this Section may be modified as 27 required or authorized by Article 24,andArticle 24A, or 28 Article 24B, whichever is applicable. 29 (Source: P.A. 91-357, eff. 7-29-99.) 30 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54) 31 Sec. 7-54. After the votes of a political party have been 32 counted and set down and the tally sheets footed and the 33 entry made in the primary poll books or return, as above -8- LRB9213179JMmbam03 1 provided, all the primary ballots of said political party, 2 except those marked "defective" or "objected to" shall be 3 securely bound, lengthwise and in width, with a soft cord 4 having a minimum tensile strength of 60 pounds separately for 5 each political party in the order in which said primary 6 ballots have been read, and shall thereupon be carefully 7 sealed in an envelope, which envelope shall be endorsed as 8 follows: 9 "Primary ballots of the.... party of the.... precinct of 10 the county of.... and State of Illinois." 11 Below each endorsement, each primary judge shall write 12 his name. 13 Immediately thereafter the judges shall designate one of 14 their number to go to the nearest telephone and report to the 15 office of the county clerk or board of election commissioners 16 (as the case may be) the results of such primary. Such clerk 17 or board shall keep his or its office open after the close of 18 the polls until he or it has received from each precinct 19 under his or its jurisdiction the report above provided for. 20 Immediately upon receiving such report such clerk or board 21 shall cause the same to be posted in a public place in his or 22 its office for inspection by the public. Immediately after 23 making such report such judge shall return to the polling 24 place. 25 Where voting machines or electronic voting systems are 26 used, the provisions of this section may be modified as 27 required or authorized by Article 24,orArticle 24A, or 28 Article 24B, whichever is applicable. 29 (Source: P.A. 81-1433.) 30 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55) 31 Sec. 7-55. The primary poll books or the official poll 32 record, and the tally sheets with the certificates of the 33 primary judges written thereon, together with the envelopes -9- LRB9213179JMmbam03 1 containing the ballots, including the envelope containing the 2 ballots marked "defective" or "objected to", shall be 3 carefully enveloped and sealed up together, properly 4 endorsed, and the primary judges shall elect 2 judges (one 5 from each of the major political parties), who shall 6 immediately deliver the same to the clerk from whom the 7 primary ballots were obtained, which clerk shall safely keep 8 the same for 2 months, and thereafter shall safely keep the 9 poll books until the next primary. Each election authority 10 shall keep the office of the election authority, or any 11 receiving stations designated by such authority, open for at 12 least 12 consecutive hours after the polls close, or until 13 the judges of each precinct under the jurisdiction of the 14 election authority have delivered to the election authority 15 all the above materials sealed up together and properly 16 endorsed as provided herein. Materials delivered to the 17 election authority which are not in the condition required by 18 this Section shall not be accepted by the election authority 19 until the judges delivering the same make and sign the 20 necessary corrections. Upon acceptance of the materials by 21 the election authority, the judges delivering the same shall 22 take a receipt signed by the election authority and stamped 23 with the time and date of such delivery. The election judges 24 whose duty it is to deliver any materials as above provided 25 shall, in the event such materials cannot be found when 26 needed, on proper request, produce the receipt which they are 27 to take as above provided. 28 The county clerk or board of election commissioners shall 29 deliver a copy of each tally sheet to the county chairmen of 30 the two largest political parties. 31 Where voting machines or electronic voting systems are 32 used, the provisions of this section may be modified as 33 required or authorized by Article 24,andArticle 24A, or 34 Article 24B, whichever is applicable. -10- LRB9213179JMmbam03 1 (Source: P.A. 83-764.) 2 (10 ILCS 5/7-66) 3 Sec. 7-66. Electronic voting systems; precinct 4 tabulation optical scan technology voting equipment. 5 If the election authority has adopted the use of 6 electronic voting systems pursuant to Article 24A of this 7 Code or Precinct Tabulation Optical Scan Technology voting 8 equipment pursuant to Article 24B of this Code, and the 9 provisions of those Articlesthe Articleare in conflict with 10 the provisions of this Article 7, the provisions of Article 11 24A or Article 24B, as the case may be, shall govern the 12 procedures followed by the election authority, its judges of 13 elections, and all employees and agents. In following the 14 provisions of Article 24A or Article 24B, the election 15 authority is authorized to develop and implement procedures 16 to fully utilize electronic voting systems or Precinct 17 Tabulation Optical Scan Technology voting equipment 18 authorized by the State Board of Elections as long as the 19 procedure is not in conflict with Article 24A,eitherArticle 20 24B, or the administrative rules of the State Board of 21 Elections. 22 (Source: P.A. 89-394, eff. 1-1-97.) 23 (10 ILCS 5/15-6) 24 Sec. 15-6. 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 Articlesthe Articleare in conflict with 31 the provisions of this Article 15, the provisions of Article 32 24A or Article 24B, as the case may be, shall govern the -11- LRB9213179JMmbam03 1 procedures followed by the election authority, its judges of 2 elections, and all employees and agents. In following the 3 provisions of Article 24A or Article 24B, the election 4 authority is authorized to develop and implement procedures 5 to fully utilize electronic voting systems or Precinct 6 Tabulation Optical Scan Technology voting equipment 7 authorized by the State Board of Elections as long as the 8 procedure is not in conflict with Article 24A,eitherArticle 9 24B, or the administrative rules of the State Board of 10 Elections. 11 (Source: P.A. 89-394, eff. 1-1-97.) 12 (10 ILCS 5/16-11) 13 Sec. 16-11. Electronic voting systems; precinct 14 tabulation optical scan technology voting equipment. 15 If the election authority has adopted the use of 16 electronic voting systems pursuant to Article 24A of this 17 Code or Precinct Tabulation Optical Scan Technology voting 18 equipment pursuant to Article 24B of this Code, and the 19 provisions of those Articlesthe Articleare in conflict with 20 the provisions of this Article 16, the provisions of Article 21 24A or Article 24B, as the case may be, shall govern the 22 procedures followed by the election authority, its judges of 23 elections, and all employees and agents. In following the 24 provisions of Article 24A or Article 24B, the election 25 authority is authorized to develop and implement procedures 26 to fully utilize electronic voting systems or Precinct 27 Tabulation Optical Scan Technology voting equipment 28 authorized by the State Board of Elections as long as the 29 procedure is not in conflict with Article 24A,eitherArticle 30 24B, or the administrative rules of the State Board of 31 Elections. 32 (Source: P.A. 89-394, eff. 1-1-97.) -12- LRB9213179JMmbam03 1 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14) 2 Sec. 17-14. Any voter who declares upon oath, properly 3 witnessed and with his or her signature or mark affixed, that 4 he or she requires assistance to vote by reason of blindness, 5 physical disability or inability to read, write or speak the 6 English language shall, upon request, be assisted in marking 7 his or her ballot, by 2 judges of election of different 8 political parties, to be selected by all judges of election 9 of each precinct at the opening of the polls or by a person 10 of the voter's choice, other than the voter's employer or 11 agent of that employer or officer or agent of the voter's 12 union. A voter who presents an Illinois Disabled Person 13 Identification Card, issued to that person under the 14 provisions of the Illinois Identification Card Act, 15 indicating that such voter has a Class 1A or Class 2 16 disability under the provisions of Section 4A of the Illinois 17 Identification Card Act, or a voter who declares upon oath, 18 properly witnessed, that by reason of any physical disability 19 he is unable to mark his ballot shall, upon request, be 20 assisted in marking his ballot by 2 of the election officers 21 of different parties as provided above in this Section or by 22 a person of the voter's choice other than the voter's 23 employer or agent of that employer or officer or agent of the 24 voter's union. Such voter shall state specifically the reason 25 why he cannot vote without assistance and, in the case of a 26 physically disabled voter, what his physical disability is 27 and whether or not the disability is permanent. Prior to 28 entering the voting booth, the person providing the 29 assistance, if other than 2 judges of election, shall be 30 presented with written instructions on how assistance shall 31 be provided. This instruction shall be prescribed by the 32 State Board of Elections and shall include the penalties for 33 attempting to influence the voter's choice of candidates, 34 party, or votes in relation to any question on the ballot and -13- LRB9213179JMmbam03 1 for not marking the ballot as directed by the voter. 2 Additionally, the person providing the assistance shall sign 3 an oath, swearing not to influence the voter's choice of 4 candidates, party, or votes in relation to any question on 5 the ballot and to cast the ballot as directed by the voter. 6 The oath shall be prescribed by the State Board of Elections 7 and shall include the penalty for violating this Section. In 8 the voting booth, such person shall mark the ballot as 9 directed by the voter, and shall thereafter give no 10 information regarding the same. The judges of election shall 11 enter upon the poll lists or official poll record after the 12 name of any elector who received such assistance in marking 13 his ballot a memorandum of the fact and if the disability is 14 permanent. Intoxication shall not be regarded as a physical 15 disability, and no intoxicated person shall be entitled to 16 assistance in marking his ballot. 17 The assistance a voter may receive under this Section 18 includes assistance with inserting his or her ballot in any 19 in-precinct automatic tabulating equipment as provided in 20 Articles 24A and 24B. Any prohibition in those Articles 21 against a person other than the voter inserting his or her 22 ballot in the in-precinct automatic tabulating equipment does 23 not apply to assistance received by the voter under this 24 Section. 25 No person shall secure or attempt to secure assistance in 26 voting who is not blind, physically disabled or illiterate as 27 herein provided, nor shall any person knowingly assist a 28 voter in voting contrary to the provisions of this Section. 29 (Source: P.A. 90-101, eff. 7-11-97.) 30 (10 ILCS 5/17-43) 31 Sec. 17-43. Electronic voting systems; precinct 32 tabulation optical scan technology voting equipment. 33 If the election authority has adopted the use of -14- LRB9213179JMmbam03 1 electronic voting systems pursuant to Article 24A of this 2 Code or Precinct Tabulation Optical Scan Technology voting 3 equipment pursuant to Article 24B of this Code, and the 4 provisions of those Articlesthe Articleare in conflict with 5 the provisions of this Article 17, the provisions of Article 6 24A or Article 24B, as the case may be, shall govern the 7 procedures followed by the election authority, its judges of 8 elections, and all employees and agents. In following the 9 provisions of Article 24A or Article 24B, the election 10 authority is authorized to develop and implement procedures 11 to fully utilize electronic voting systems or Precinct 12 Tabulation Optical Scan Technology voting equipment 13 authorized by the State Board of Elections as long as the 14 procedure is not in conflict witheitherArticle 24A, Article 15 24B, or the administrative rules of the State Board of 16 Elections. 17 (Source: P.A. 89-394, eff. 1-1-97.) 18 (10 ILCS 5/18-40) 19 Sec. 18-40. Electronic voting systems; precinct 20 tabulation optical scan technology voting equipment. 21 If the election authority has adopted the use of 22 electronic voting systems pursuant to Article 24A of this 23 Code or Precinct Tabulation Optical Scan Technology voting 24 equipment pursuant to Article 24B of this Code, and the 25 provisions of those Articlesthe Articleare in conflict with 26 the provisions of this Article 18, the provisions of Article 27 24A or Article 24B, as the case may be, shall govern the 28 procedures followed by the election authority, its judges of 29 elections, and all employees and agents. In following the 30 provisions of Article 24A or Article 24B, the election 31 authority is authorized to develop and implement procedures 32 to fully utilize electronic voting systems or Precinct 33 Tabulation Optical Scan Technology voting equipment -15- LRB9213179JMmbam03 1 authorized by the State Board of Elections as long as the 2 procedure is not in conflict witheitherArticle 24A, Article 3 24B, or the administrative rules of the State Board of 4 Elections. 5 (Source: P.A. 89-394, eff. 1-1-97.) 6 (10 ILCS 5/19-15) 7 Sec. 19-15. 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 Articlesthe Articleare in conflict with 14 the provisions of this Article 19, 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,eitherArticle 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 5/20-15) 28 Sec. 20-15. 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 -16- LRB9213179JMmbam03 1 equipment pursuant to Article 24B of this Code, and the 2 provisions of those Articlesthe Articleare in conflict with 3 the provisions of this Article 20, 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,eitherArticle 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 5/24A-2) (from Ch. 46, par. 24A-2) 17 Sec. 24A-2. As used in this Article: "Computer", 18 "Automatic tabulating equipment" or "equipment" includes 19 apparatus necessary to automatically examine and count votes 20 as designated on ballots, and data processing machines which 21 can be used for counting ballots and tabulating results. 22 "Ballot card" means a ballot which is voted by the 23 process of punching. 24 "Ballot configuration" means the particular combination 25 of political subdivision ballots including, for each 26 political subdivision, the particular combination of offices, 27 candidate names and ballot position numbers for each 28 candidate and question as it appears for each group of voters 29 who may cast the same ballot. 30 "Ballot labels" means the cards, papers, booklet, pages 31 or other material containing the names of officers and 32 candidates and statements of measures to be voted on. 33 "Ballot sheet" means a paper ballot printed on one or -17- LRB9213179JMmbam03 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 enclosed areas clearly printed or otherwise 4 delineated for such purpose, and (2) capable of having votes 5 marked in the designated areas automatically examined, 6 counted, and tabulated by an electronic scanning process. 7 "Ballot" may include ballot cards, ballot labels and 8 paper ballots. 9 "Separate ballot", with respect to ballot sheets, means a 10 separate portion of the ballot sheet in which the color of 11 the ink used in printing that portion of the ballot sheet is 12 distinct from the color of the ink used in printing any other 13 portion of the ballot sheet. 14 "Column" in an electronic voting system which utilizes a 15 ballot card means a space on a ballot card for punching the 16 voter's vote arranged in a row running lengthwise on the 17 ballot card. 18 "Central Counting" means the counting of ballots in one 19 or more locations selected by the election authority for the 20 processing or counting, or both, of ballots. A location for 21 central counting shall be within the territorial jurisdiction 22 of such election authority unless there is no suitable 23 tabulating equipment available within his territorial 24 jurisdiction. However, in any event a counting location shall 25 be within this State. 26 "In-precinct automatic tabulating equipment" means the 27 automatic equipment provided by the election authority that 28 is capable of counting ballots in the same precinct polling 29 place in which those ballots are cast. 30 "In-precinct counting" means the counting of ballots on 31 automatic tabulating equipment provided by the election 32 authority in the same precinct polling place in which those 33 ballots have been cast. 34 "Computer operator" means any person or persons -18- LRB9213179JMmbam03 1 designated by the election authority to operate the automatic 2 tabulating equipment during any portion of the vote tallying 3 process in an election, but shall not include judges of 4 election operating vote tabulating equipment in the precinct. 5 "Computer program" or "program" means the set of 6 operating instructions for the automatic tabulating equipment 7 by which it examines, counts, tabulates, canvasses and prints 8 votes recorded by a voter on a ballot card or other medium. 9 "Edit listing" means a computer generated listing of the 10 names and ballot position numbers for each candidate and 11 proposition as they appear in the program for each precinct. 12 "Voting System" or "Electronic Voting System" means that 13 combination of equipment and programs used in the casting, 14 examination and tabulation of ballots and the cumulation and 15 reporting of results by electronic means. 16 "Header card" or "program card" means a data processing 17 card which is coded to indicate to the computer the precinct 18 identity of the ballot cards that will follow immediately and 19 may indicate to the computer how such ballot cards are to be 20 tabulated. 21 "Marking device" means either an apparatus in which 22 ballots or ballot cards are inserted and used in connection 23 with a punch apparatus for the piercing of ballots by the 24 voter, or any approved device for marking a paper ballot with 25 ink or other substance which will enable the ballot to be 26 tabulated by means of automatic tabulating equipment or by an 27 electronic scanning process. 28 "Precinct program memory medium" or "PPMM" means the 29 program disc or pack of an in-precinct computer tabulator 30 that is programmed for a single precinct and that may be 31 activated by means other than a header card or precinct 32 identifier card to indicate to the automatic tabulating 33 equipment the precinct identity of the ballot cards to be 34 counted by the tabulator and how such ballot cards are to be -19- LRB9213179JMmbam03 1 counted. 2 "Public counter" means a mechanical or electronic display 3 on in-precinct automatic tabulating equipment that displays 4 the number of ballots counted by the equipment. Public 5 counters shall not display any vote totals. 6 "Redundant count" means a verification of the original 7 computer count by another count using compatible equipment or 8 by hand as part of a discovery recount. 9 "Security punch" means a punch placed on a ballot card to 10 identify to the computer program the offices and propositions 11 for which votes may be cast and to indicate the manner in 12 which votes cast should be tabulated while negating any 13 inadmissable votes. 14 "Security sleeve" or "security envelope" means an opaque 15 envelope or sleeve into which a voted ballot card shall be 16 inserted that fully covers all votes cast on the ballot and 17 that permits the ballot to be inserted into the automatic 18 tabulating equipment from within the envelope or sleeve 19 without public observation of the votes cast on the ballot. 20 "Voting defect" means an overvoted ballot or a ballot 21 that cannot be read by automatic tabulating equipment. 22 "Voting defect identification" means the capability to 23 detect ballots that contain a voting defect. 24 (Source: P.A. 86-867.) 25 (10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1) 26 Sec. 24A-6.1. In all elections conducted pursuant to 27 this Article, ballot cards shall have a security punch. In 28 precincts where more than one ballot configuration may be 29 voted upon, ballot cards shall have a different security 30 punch for each ballot configuration. If a precinct has only 31 one possible ballot configuration, the ballot cards must have 32 a security punch to identify the election. Where ballot 33 cards from more than one precinct are being tabulated, -20- LRB9213179JMmbam03 1 precinct header cards or program cards shall also be used: 2 official results shall not be generated unless the precinct 3 identification of the header cards or program cards for any 4 precinct correspond. Where the tabulating equipment being 5 used requires entering the program immediately prior to 6 tabulating the ballot cards for each precinct, the precinct 7 program may be used in lieu of header cards. 8 (Source: P.A. 82-1014.) 9 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7) 10 Sec. 24A-7. A separate write-in ballot, which may be in 11 the form of a paper ballot, card, extended stub of a ballot 12 card, securityorenvelope, or security sleeve in which the 13 elector places his ballot card after voting, shall be 14 designated and provided by the election authorityif15necessaryto permit electors to write in the names of persons 16 whose names are not on the ballot. The ballots, ballot cards, 17 and securityballot cardenvelopes or sleeves may, at the 18 discretion of the election authority, be printed on white 19 paper and then striped with the appropriate colors. When an 20 electronic voting system is used which utilizes a ballot stub 21 of the ballot card, each ballot card envelope shall contain 22 the write-in form and information required by Section 16-3 of 23 this Act. 24 (Source: P.A. 83-110.) 25 (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8) 26 Sec. 24A-8. The county clerk or board of election 27 commissioners, as the case may be, shall cause the marking 28 devices to be put in order, set, adjusted and made ready for 29 voting when delivered to the polling places. Before the 30 opening of the polls the judges of election shall compare the 31 ballots used in the marking devices with the specimen ballots 32 furnished and see that the names, numbers and letters thereon -21- LRB9213179JMmbam03 1 agree and shall certify thereto on forms provided by the 2 county clerk or board of election commissioners, as the case 3 may be. 4 In addition, in those polling places where in-precinct 5 counting equipment is utilized, the judges of election shall 6 make an operational check of the automatic tabulating 7 equipment before the opening of the polls. Either 8 instructions for activating the precincts program memory 9 medium or a precinct identification card provided by the 10 election authority shall be entered into the automatic 11 tabulating equipment to ensure that the totals are all zeroes 12 in the count column on the printing unit. 13 Pollwatchers as provided by law shall be permitted to 14 closely observe the judges in these procedures and to 15 periodically inspect the equipment when not in use by the 16 voters to see that the ballot labels are in proper position 17 and have not been marked upon or mutilated. 18 (Source: P.A. 82-1014.) 19 (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9) 20 Sec. 24A-9. Prior to the public test, the election 21 authority shall conduct an errorless pre-test of the 22 automatic tabulating equipment and program to ascertain that 23 they will correctly count the votes cast for all offices and 24 all measures. On any day not less than 5 days prior to the 25 election day, the election authority shall publicly test the 26 automatic tabulating equipment and program to ascertain that 27 they will correctly count the votes cast for all offices and 28 on all measures. Public notice of the time and place of the 29 test shall be given at least 48 hours prior thereto by 30 publication once in one or more newspapers published within 31 the election jurisdiction of the election authority if a 32 newspaper is published therein, otherwise in a newspaper of 33 general circulation therein. Timely written notice stating -22- LRB9213179JMmbam03 1 the date, time and location of the public test shall also be 2 provided to the State Board of Elections. The test shall be 3 open to representatives of the political parties, the press, 4 representatives of the State Board of Elections, and the 5 public. The test shall be conducted by processing a 6 preaudited group of ballots so punched or marked as to record 7 a predetermined number of valid votes for each candidate and 8 on each measure, and shall include for each office one or 9 more ballots which have votes in excess of the number allowed 10 by law in order to test the ability of the automatic 11 tabulating equipment to reject such votes. Such test shall 12 also include the use of precinct header cards or precinct 13 program memory medium and may include the production of an 14 edit listing. In those election jurisdictions where 15 in-precinct counting equipment is utilized, a public test of 16 both such equipment and program shall be conducted as nearly 17 as possible in the manner prescribed above. The State Board 18 of Elections may select as many election jurisdictions as the 19 Board deems advisable in the interests of the election 20 process of this State in which to order a special test of the 21 automatic tabulating equipment and program prior to any 22 regular election. The Board may order a special test in any 23 election jurisdiction where, during the preceding twelve 24 months, computer programming errors or other errors in the 25 use of electronic voting systems resulted in vote tabulation 26 errors. Not less than 30 days prior to any election, the 27 State Board of Elections shall provide written notice to 28 those selected jurisdictions of their intent to conduct a 29 test. Within 5 days of receipt of the State Board of 30 Elections' written notice of intent to conduct a test, the 31 selected jurisdictions shall forward to the principal office 32 of the State Board of Elections a copy of all specimen 33 ballots. The State Board of Elections' tests shall be 34 conducted and completed not less than 2 days prior to the -23- LRB9213179JMmbam03 1 public test utilizing testing materials supplied by the Board 2 and under the supervision of the Board, and the Board shall 3 reimburse the election authority for the reasonable cost of 4 computer time required to conduct the special test. After 5 an errorless test, materials used in the public test, 6 including the program, if appropriate, shall be sealed and 7 remain so until the test is run again on election day. If any 8 error is detected, the cause therefor shall be ascertained 9 and corrected and an errorless public test shall be made 10 before the automatic tabulating equipment is approved. Each 11 election authority shall file a sealed copy of each tested 12 program to be used within its jurisdiction at an election 13 with the State Board of Elections prior to the election. The 14 Board shall secure the program or programs of each election 15 jurisdiction so filed in its office for the 60 days following 16 the canvass and proclamation of election results. Upon the 17 expiration of that time, if no election contest or appeal 18 therefrom is pending in an election jurisdiction, the Board 19 shall return the sealed program or programs to the election 20 authority of the jurisdiction. Except where in-precinct 21 counting equipment is utilized, the test shall be repeated 22 immediately before the start of the official count of the 23 ballots, in the same manner as set forth above. After the 24 completion of the count, the test shall be re-run using the 25 same program. An election jurisdiction that was employing, 26 as of January 1, 1983, an electronic voting system that, 27 because of its design, is not technically capable of 28 compliance with such a post-tabulation testing requirement 29 shall satisfy the post-tabulation testing requirement by 30 conducting the post-tabulation test on a duplicate program 31 until such electronic voting system is replaced or until 32 November 1, 1992, whichever is earlier. Immediately 33 thereafter the ballots, all material employed in testing the 34 program and the program shall be sealed and retained under -24- LRB9213179JMmbam03 1 the custody of the election authority for a period of 60 2 days. At the expiration of that time the election authority 3 shall destroy the voted ballot cards, together with all 4 unused ballots returned from the precincts. Provided, if any 5 contest of election is pending at such time in which such 6 ballots may be required as evidence and such election 7 authority has notice thereof, the same shall not be destroyed 8 until after such contest is finally determined. If the use of 9 back-up equipment becomes necessary, the same testing 10 required for the original equipment shall be conducted. 11 (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.) 12 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1) 13 Sec. 24A-10.1. In an election jurisdiction where 14 in-precinct automatic tabulatingcountingequipment is 15 utilized, thefollowingprocedures for counting and tallying 16theballots set forth in this Section and in Section 24A-14 17 shall apply: 18 (a) Voter ballot insertion during poll hours. 19 (1) The in-precinct automatic tabulating equipment 20 shall be set to count each ballot for candidates and for 21 or against propositions to be voted upon as the ballot is 22 inserted into the automatic tabulating equipment, and the 23 equipment shall internally tally accurate vote totals for 24 all such candidates and for and against all such 25 propositions. Before the opening of the polls and before 26 ballots are entered into the counting equipment, the 27 judges of election shall turn on the automatic tabulating 28 equipment, activate the precinct program memory medium, 29 and verify that the public counter is set at zero. 30 (2) After the polls have been declared open, each 31 ballot shall be inserted into the automatic tabulating 32 equipment by the voter immediately after the voter has 33 completed marking his or her ballot and placing it in a -25- LRB9213179JMmbam03 1 security envelope or sleeve. The ballot shall be 2 inserted into the automatic tabulating equipment from 3 within the security envelope or sleeve without public 4 observation of the votes cast on the ballot. The judges 5 of election shall not handle any voted ballot except as 6 provided in this Code for uninitialed, spoiled, and 7 defective and damaged ballots. Each voted ballot shall 8 be deposited into a secure ballot box immediately after 9 it has been counted by the automatic tabulating 10 equipment. 11 (3) The automatic tabulating equipment shall be set 12 to automatically return to the voter any ballot on which 13 the number of votes for an office or proposition exceeds 14 the number of votes that the voter is entitled to cast. 15 If the voter, after being informed that an overvote has 16 occurred, determines to have the ballot counted despite 17 containing an overvote, the automatic tabulating 18 equipment shall be set to accept the ballot and count the 19 votes for or against propositions and for candidates for 20 offices for which there is no overvote. 21 (4) The automatic tabulating equipment shall be set 22 to return any ballot that is damaged or defective and 23 cannot properly be read by the automatic tabulating 24 equipment. The ballot shall be marked "Spoiled Ballot", 25 initialed by all judges immediately under the words 26 "Spoiled Ballot", and not counted. The judges shall 27 initial and issue a new ballot to the voter in lieu of 28 the original "Spoiled Ballot" and the voter shall then be 29 permitted to vote the new ballot. 30 (5) Immediately after the closing of the polls and 31 after the insertion of absentee ballots entitled to be 32 counted, the automatic tabulating equipment shall be 33 locked against further processing of ballots and the vote 34 totals shall be displayed and read. -26- LRB9213179JMmbam03 1 (6) Throughout the election day and before the 2 close of the polls, no person shall be permitted to check 3 for vote totals for any candidate or proposition on the 4 automatic tabulating equipment. However, any voter, 5 judge of election, or poll watcher may examine the number 6 of counted ballots shown on the public counter of the 7 automatic tabulating equipment when the polls are open. 8 During the time that polling places are open for voting, 9 no person may reset the equipment for re-insertion of 10 ballots except upon the specific authorization of the 11 election authority; the automatic tabulating equipment 12 shall be programmed to prevent such re-insertion unless 13 provided a code by an authorized representative of the 14 election authority. If the automatic tabulating 15 equipment becomes inoperative during voting hours, until 16 such time as it is repaired and restarted by a 17 representative of the election authority, the voters 18 shall deposit their voted ballots into the secure portion 19 of the supply carrier case or other secure ballot 20 container supplied by the election authority and the 21 judges of election shall open the container used for this 22 purpose only after the close of the polls and shall then 23 insert each of the deposited ballots into the automatic 24 tabulating equipment to be tallied. 25 (b) Procedures after the close of the polls. 26 (1) Immediately after the closing of the polls, the 27 absentee ballots delivered to the precinct judges of 28 election by the election authority shall be examined to 29 determine that such ballots comply with Sections 19-9 and 30 20-9 of this Act and are entitled to be deposited in the 31 ballot box; those entitled to be deposited in the ballot 32 box shall be initialed by the precinct judges of election 33 and deposited in the ballot box. Those not entitled to 34 be deposited in the ballot box shall be marked "Rejected" -27- LRB9213179JMmbam03 1 and disposed of as provided in said Sections 19-9 and 2 20-9. 3 (2) The precinct judges of election shall open the 4 ballot box and count the number of ballots therein to 5 determine if such number agrees with the number of voters 6 voting as shown by the automatic tabulating equipment, by 7 the public counter on the automatic tabulating equipment 8 where available, and by applications for ballot.or,If 9 the same do not agree, the judges of election shall make 10 such ballots agree with the applications for ballot in 11 the manner provided by Section 17-18 of this CodeAct. 12 (3) The judges of election shall then examine all 13 ballot cards and ballot card envelopes which are in the 14 ballot box to determine whether the ballot cards and 15 ballot card envelopes contain the initials of a precinct 16 judge of election. If any ballot card or ballot card 17 envelope is not initialed, it shall be marked on the back 18 "Defective", initialed as to such label by all judges 19 immediately under the word "Defective" and not counted. 20 The judges of election shall place an initialed blank 21 official ballot card in the place of the defective ballot 22 card, so that the count of the ballot cards to be counted 23 on the automatic tabulating equipment will be the same, 24 and each "Defective Ballot" card and "Replacement" card 25 shall contain the same serial number which shall be 26 placed thereon by the judges of election, commencing with 27 number 1 and continuing consecutively for the ballots of 28 that kind in that precinct. The original "Defective" card 29 shall be placed in the "Defective Ballot Envelope" 30 provided for that purpose. 31 (4) When an electronic voting system is used which 32 utilizes a ballot card, before separatingthe remaining33 ballot cards from their respective covering envelopes or 34 sleeves, the judges of election shall examine the ballot -28- LRB9213179JMmbam03 1 cards, ballot card envelopes, ballot card stubs, or 2 security sleeves for write-in votes. When the voter has 3 cast a write-in vote, the judges of election shall 4 compare the write-in vote with the votes on the ballot 5 card to determine whether such write-in results in an 6 overvote for any office unless the automatic tabulating 7 equipment has already done so. In case of an overvote 8 for any office, the judges of election, consisting in 9 each case of at least one judge of election of each of 10 the 2 major political parties, shall make a true 11 duplicate ballot of all votes on such ballot card except 12 for the office which is overvoted, by using the ballot 13 label booklet of the precinct and one of the marking 14 devices of the precinct so as to transfer all votes of 15 the voter, except for the office overvoted, to a 16 duplicate card. The original ballot card and envelope 17 upon which there is an overvote shall be clearly labeled 18 "Overvoted Ballot", and each such "Overvoted Ballot" as 19 well as its "Replacement" shall contain the same serial 20 number which shall be placed thereon by the judges of 21 election, commencing with number 1 and continuing 22 consecutively for the ballots of that kind in that 23 precinct. The "Overvoted Ballot" card and ballot 24 envelope shall be placed in an envelope provided for that 25 purpose labeled "Duplicate Ballot" envelope, and the 26 judges of election shall initial the "Replacement" ballot 27 cards and shall place them with the other ballot cards to 28 be counted on the automatic tabulating equipment. 29 Envelopes, ballot cards, ballot card stubs, or security 30 envelopes or sleeves containing write-in votes marked in 31 the place designated therefor and containing the initials 32 of a precinct judge of election and not resulting in an 33 overvote and otherwise complying with the election laws 34 as to marking shall be counted and tallied and their -29- LRB9213179JMmbam03 1 votes recorded on a tally sheet provided by the election 2 authority. 3 The ballot cards and ballot card envelopes or 4 sleeves shall be separated in preparation for counting by 5 the automatic tabulating equipment provided for that 6 purpose by the election authority. 7 (5) After closing the polls and examining the 8 absentee ballots pursuant to subsection (c)(1) of this 9 Section, the judges of election shall insert into the 10 automatic tabulating equipment all absentee ballots 11 entitled to be counted. Thereafter, the judges of 12 election shall generate vote totals for all candidates 13 and propositions. 14Before the ballots are entered into the automatic15tabulating equipment, a precinct identification card16provided by the election authority shall be entered into17the device to ensure that the totals are all zeroes in18the count column on the printing unit. A precinct judge19of election shall then count the ballots by entering each20ballot card into the automatic tabulating equipment, and21if any ballot or ballot card is damaged or defective so22that it cannot properly be counted by the automatic23tabulating equipment, the judges of election, consisting24in each case of at least one judge of election of each of25the 2 major political parties, shall make a true26duplicate ballot of all votes on such ballot card by27using the ballot label booklet of the precinct and one of28the marking devices of the precinct. The original ballot29or ballot card and envelope shall be clearly labeled30"Damaged Ballot" and the ballot or ballot card so31produced shall be clearly labeled "Duplicate Damaged32Ballot", and each shall contain the same serial number33which shall be placed thereon by the judges of election,34commencing with number 1 and continuing consecutively for-30- LRB9213179JMmbam03 1the ballots of that kind in the precinct. The judges of2election shall initial the "Duplicate Damaged Ballot"3ballot or ballot cards and shall enter the duplicate4damaged cards into the automatic tabulating equipment.5The "Damaged Ballot" cards shall be placed in the6"Duplicated Ballots" envelope; after all ballot cards7have been successfully read, the judges of election shall8check to make certain that the last number printed by the9printing unit is the same as the number of voters making10application for ballot in that precinct. The number11shall be listed on the "Statement of Ballots" form12provided by the election authority.13 (6) The totals for all candidates and propositions 14 shall be tabulated; 4 sets shall be attached to the 4 15 sets of "Certificate of Results", which may be generated 16 by the automatic tabulating equipment, provided by the 17 election authority; one set shall be posted in a 18 conspicuous place inside the polling place; and every 19 effort shall be made by the judges of election to provide 20 a set for each authorized pollwatcher or other official 21 authorized to be present in the polling place to observe 22 the counting of ballots; but in no case shall the number 23 of sets to be made available to pollwatchers be fewer 24 than 4, chosen by lot by the judges of election. In 25 addition, sufficient time shall be provided by the judges 26 of election to the pollwatchers to allow them to copy 27 information from the set which has been posted. 28 (7) The judges of election shall count all unused 29 ballot cards and enter the number on the "Statement of 30 Ballots". All "Spoiled", "Defective" and "Duplicated" 31 ballot cards shall be counted and the number entered on 32 the "Statement of Ballots". 33 (8) The precinct judges of election shall select a 34 bi-partisan team of 2 judges, who shall immediately -31- LRB9213179JMmbam03 1 return the ballots in a sealed container, along with all 2 other election materials as instructed by the election 3 authority; provided, however, that such container must 4 first be sealed by the election judges with filament tape 5 provided for such purpose which shall be wrapped around 6 the container lengthwise and crosswise, at least twice 7 each way, in such manner that the ballots cannot be 8 removed from such container without breaking the seal and 9 filament tape and disturbing any signatures affixed by 10 the election judges to the container. The election 11 authority shall keep the office of the election 12 authority, or any receiving stations designated by such 13 authority, open for at least 12 consecutive hours after 14 the polls close or until the ballots from all precincts 15 with in-precinct automatic tabulatingcountingequipment 16 within the jurisdiction of the election authority have 17 been returned to the election authority. Ballots returned 18 to the office of the election authority which are not 19 signed and sealed as required by law shall not be 20 accepted by the election authority until the judges 21 returning the same make and sign the necessary 22 corrections. Upon acceptance of the ballots by the 23 election authority, the judges returning the same shall 24 take a receipt signed by the election authority and 25 stamped with the time and date of such return. The 26 election judges whose duty it is to return any ballots as 27 herein provided shall, in the event such ballots cannot 28 be found when needed, on proper request, produce the 29 receipt which they are to take as above provided. 30 (Source: P.A. 83-1362.) 31 (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14) 32 Sec. 24A-14. Damaged ballots. In precincts that utilize 33 in-precinct automatic tabulating equipment having voting -32- LRB9213179JMmbam03 1 defect identification capability and in which voters insert 2 their ballots into the automatic tabulating equipment, if any 3 ballot is damaged or defective so that it cannot properly be 4 counted by the automatic tabulating equipment, that ballot 5 shall be treated as a spoiled ballot as provided in Section 6 24A-10.1.If any ballot is damaged or defective so that it7cannot properly be counted by the automatic tabulating8equipment, a true duplicate copy shall be made of the damaged9ballot in the presence of witnesses and substituted for the10damaged ballot. Likewise, a duplicate ballot shall be made of11a defective ballot which shall not include the invalid votes.12All duplicate ballots shall be clearly labeled "duplicate",13shall bear a serial number which shall be registered on the14damaged or defective ballot, and shall be counted in lieu of15the damaged or defective ballot.16 (Source: Laws 1965, p. 2220.) 17 (10 ILCS 5/24B-2) 18 Sec. 24B-2. Definitions. As used in this Article: 19 "Computer", "automatic tabulating equipment" or 20 "equipment" includes apparatus necessary to automatically 21 examine and count votes as designated on ballots, and data 22 processing machines which can be used for counting ballots 23 and tabulating results. 24 "Ballot" means paper ballot sheets. 25 "Ballot configuration" means the particular combination 26 of political subdivision ballots including, for each 27 political subdivision, the particular combination of offices, 28 candidate names and questions as it appears for each group of 29 voters who may cast the same ballot. 30 "Ballot sheet" means a paper ballot printed on one or 31 both sides which is (1) designed and prepared so that the 32 voter may indicate his or her votes in designated areas, 33 which must be areas clearly printed or otherwise delineated -33- LRB9213179JMmbam03 1 for such purpose, and (2) capable of having votes marked in 2 the designated areas automatically examined, counted, and 3 tabulated by an electronic scanning process. 4 "Central counting" means the counting of ballots in one 5 or more locations selected by the election authority for the 6 processing or counting, or both, of ballots. A location for 7 central counting shall be within the territorial jurisdiction 8 of the election authority unless there is no suitable 9 tabulating equipment available within his territorial 10 jurisdiction. However, in any event a counting location 11 shall be within this State. 12 "Computer operator" means any person or persons 13 designated by the election authority to operate the automatic 14 tabulating equipment during any portion of the vote tallying 15 process in an election, but shall not include judges of 16 election operating vote tabulating equipment in the precinct. 17 "Computer program" or "program" means the set of 18 operating instructions for the automatic tabulating equipment 19 that examines, counts, tabulates, canvasses and prints votes 20 recorded by a voter on a ballot. 21 "Edit listing" means a computer generated listing of the 22 names of each candidate and proposition as they appear in the 23 program for each precinct. 24 "Header sheet" means a data processing document which is 25 coded to indicate to the computer the precinct identity of 26 the ballots that will follow immediately and may indicate to 27 the computer how such ballots are to be tabulated. 28 "In-precinct automatic tabulating equipment" means the 29 automatic equipment provided by the election authority that 30 is capable of counting ballots in the same precinct polling 31 place in which those ballots are cast. 32 "In-precinct counting" means the counting of ballots on 33 automatic tabulating equipment provided by the election 34 authority in the same precinct polling place in which those -34- LRB9213179JMmbam03 1 ballots have been cast. 2 "Marking device" means a pen or similar device approved 3 by the State Board of Elections for marking a paper ballot 4 with ink or other substance which will enable the ballot to 5 be tabulated by automatic tabulating equipment or by an 6 electronic scanning process. 7 "Precinct Tabulation Optical Scan Technology" means the 8 capability to examine a ballot through electronic means and 9 tabulate the votes at one or more counting places. 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 designation" means a printed designation placed 14 on a ballot to identify to the computer program the offices 15 and propositions for which votes may be cast and to indicate 16 the manner in which votes cast should be tabulated while 17 negating any inadmissible votes. 18 "Separate ballot", with respect to ballot sheets, means a 19 separate portion of the ballot sheet which is clearly defined 20 by a border or borders or shading. 21 "Voting defect identification" means the capability to 22 detectovervotedballots that contain a voting defector23ballots which cannot be read by the automatic tabulating24equipment. 25 "Voting defects" means an overvoted ballot, or a ballot 26 which cannot be read by the automatic tabulating equipment. 27 "Voting system" or "electronic voting system" means that 28 combination of equipment and programs used in the casting, 29 examination and tabulation of ballots and the cumulation and 30 reporting of results by electronic means. 31 (Source: P.A. 89-394, eff. 1-1-97.) 32 (10 ILCS 5/24B-10.1) 33 Sec. 24B-10.1. In-Precinct Counting Equipment; -35- LRB9213179JMmbam03 1 Procedures for Counting and Tallying Ballots. In an election 2 jurisdiction where Precinct Tabulation Optical Scan 3 Technology counting equipment is used, the following 4 procedures for counting and tallying the ballots shall apply: 5 (a) The in-precinct automatic tabulating equipment shall 6 be set to count each ballot for candidates and for or against 7 propositions to be voted upon as the ballot is inserted into 8 the automatic tabulating equipment, and the equipment shall 9 internally tally accurate vote totals for all such candidates 10 and for and against all such propositions. Before the opening 11 of the polls, and before the ballots are entered into the 12 automatic tabulating equipment, the judges of election shall 13 turn on the automatic tabulating equipment, activate the 14 precinct program memory medium, and verify that the public 15 counter is set at zeroshall be sure that the totals are all16zeros in the counting column.Ballots may then be counted by17entering each ballot into the automatic tabulating equipment.18 After the polls have been declared open, each ballot 19 shall be inserted into the automatic tabulating equipment by 20 the voter immediately after the voter has completed marking 21 his or her ballot. The ballot shall be inserted into the 22 automatic tabulating equipment without public observation of 23 the votes cast on the ballot. The judges of election shall 24 not handle any voted ballot except as provided in this Code 25 for uninitialed, spoiled, and defective and damaged ballots. 26 Each voted ballot shall be deposited into a secure ballot box 27 immediately after it has been counted by the automatic 28 tabulating equipment. 29 Immediately after the closing of the polls and after the 30 insertion of absentee ballots entitled to be counted, the 31 automatic tabulating equipment shall be locked against 32 further processing of ballots and the vote totals shall be 33 displayed and read. 34 Throughout the election day and before the closing of the -36- LRB9213179JMmbam03 1 polls, no person shall be permitted tomaycheck foranyvote 2 totals for any candidate or proposition on the automatic 3 tabulating equipment. However, any voter, judge of election, 4 or poll watcher may examine the number of counted ballots 5 shown on the public counter of the automatic tabulating 6 equipment when the polls are open. During the time that 7 polling places are open for voting, no person may reset the 8 equipment for re-insertion of ballots except upon the 9 specific authorization of the election authority; the 10 automatic tabulating equipment shall be programmed to prevent 11 such re-insertion unless provided a code by an authorized 12 representative of the election authority. If the automatic 13 tabulating equipment becomes inoperative during voting hours, 14 until such time as it is repaired and restarted by a 15 representative of the election authority, the voters shall 16 deposit their voted ballots into the secure portion of the 17 supply carrier case or other secure ballot container supplied 18 by the election authority and the judges of election shall 19 open the container used for this purpose only after the close 20 of the polls and shall then insert each of the deposited 21 ballots into the automatic tabulating equipment to be 22 tallied.Such automatic tabulating equipment shall be23programmed so that no person may reset the equipment for24refeeding of ballots unless provided a code from an25authorized representative of the election authority. At the26option of the election authority, the ballots may be fed into27the Precinct Tabulation Optical Scan Technology equipment by28the voters under the direct supervision of the judges of29elections.30 (b) The in-precinct automatic tabulating equipment shall 31 have the capability to identify voting defects. The election 32 authority shall develop and implement procedures for the 33 following: 34 (1) The counting equipment shall be set to -37- LRB9213179JMmbam03 1 automatically return to the voter any ballot on which the 2 number of votes for an office or proposition exceeds the 3 number of votes that the voter is entitled to cast. If 4 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. 10 (2) The equipment shall be set to return any ballot 11 that is damaged or defective and cannot properly be read 12 by the automatic tabulating equipment. The ballot shall 13 be marked "Spoiled Ballot", initialed by all judges 14 immediately under the words "Spoiled Ballot", and not 15 counted. The judges shall initial and issue a new ballot 16 to the voter in lieu of the original "Spoiled Ballot" and 17 the voter shall then be permitted to vote the new ballot. 18 (c) Immediately after the closing of the polls, the 19 absentee ballots delivered to the precinct judges of election 20 by the election authority shall be examined to determine that 21 the ballots comply with Sections 19-9 and 20-9 of this Code 22 and are entitled to be scanned by the Precinct Tabulation 23 Optical Scan Technology equipment and then deposited in the 24 ballot box; those entitled to be scanned and deposited in the 25 ballot box shall be initialed by the precinct judges of 26 election and then scanned and deposited in the ballot box. 27 Those not entitled to be deposited in the ballot box shall be 28 marked "Rejected" and disposed of as provided in said 29 Sections 19-9 and 20-9. 30 The precinct judges of election shall open the ballot box 31 and count the number of ballots to determine if the number 32 agrees with the number of voters voting as shown on the 33 Precinct Tabulation Optical Scan Technology equipment and by 34 the applications for ballot or, if the same do not agree, the -38- LRB9213179JMmbam03 1 judges of election shall make the ballots agree with the 2 applications for ballot in the manner provided by Section 3 17-18 of this Code. The judges of election shall then 4 examine all ballots which are in the ballot box to determine 5 whether the ballots contain the initials of a precinct judge 6 of election. If any ballot is not initialed, it shall be 7 marked on the back "Defective", initialed as to such label by 8 all judges immediately under the word "Defective" and not 9 counted. The judges of election shall place an initialed 10 blank official ballot in the place of the defective ballot, 11 so that the count of the ballots to be counted on the 12 automatic tabulating equipment will be the same, and each 13 "Defective Ballot" and "Replacement" ballot shall contain the 14 same serial number which shall be placed thereon by the 15 judges of election, beginning with number 1 and continuing 16 consecutively for the ballots of that kind in that precinct. 17 The original "Defective" ballot shall be placed in the 18 "Defective Ballot Envelope" provided for that purpose. 19 If the judges of election have removed a ballot pursuant 20 to Section 17-18, have labeled "Defective" a ballot which is 21 not initialed, or have otherwise determined under this Code 22 to not count a ballot originally deposited into a ballot box, 23 the judges of election shall be sure that the totals on the 24 automatic tabulating equipment are reset to all zeros in the 25 counting column. Thereafter the judges of election shall 26 enter each ballot to be counted in the automatic tabulating 27 equipment. Resetting the automatic tabulating equipment to 28 all zeros and re-entering of ballots to be counted may occur 29 at the precinct polling place, the office of the election 30 authority, or any receiving station designated by the 31 election authority. The election authority shall designate 32 the place for resetting and re-entering. 33 When a Precinct Tabulation Optical Scan Technology 34 electronic voting system is used which uses a paper ballot, -39- LRB9213179JMmbam03 1 the judges of election shall examine the ballot for write-in 2 votes. When the voter has cast a write-in vote, the judges 3 of election shall compare the write-in vote with the votes on 4 the ballot to determine whether the write-in results in an 5 overvote for any office, unless the Precinct Tabulation 6 Optical Scan Technology equipment has already done so. In 7 case of an overvote for any office, the judges of election, 8 consisting in each case of at least one judge of election of 9 each of the 2 major political parties, shall make a true 10 duplicate ballot of all votes on such ballot except for the 11 office which is overvoted, by using the ballot of the 12 precinct and one of the marking devices of the precinct so as 13 to transfer all votes of the voter, except for the office 14 overvoted, to a duplicate ballot. The original ballot upon 15 which there is an overvote shall be clearly labeled 16 "Overvoted Ballot", and each such "Overvoted Ballot" as well 17 as its "Replacement" shall contain the same serial number 18 which shall be placed thereon by the judges of election, 19 beginning with number 1 and continuing consecutively for the 20 ballots of that kind in that precinct. The "Overvoted 21 Ballot" shall be placed in an envelope provided for that 22 purpose labeled "Duplicate Ballot" envelope, and the judges 23 of election shall initial the "Replacement" ballots and shall 24 place them with the other ballots to be counted on the 25 automatic tabulating equipment. 26 If any ballot is damaged or defective, or if any ballot 27 contains a Voting Defect, so that it cannot properly be 28 counted by the automatic tabulating equipment, the voter or 29 the judges of election, consisting in each case of at least 30 one judge of election of each of the 2 major political 31 parties, shall make a true duplicate ballot of all votes on 32 such ballot by using the ballot of the precinct and one of 33 the marking devices of the precinct. If a damaged ballot, 34 the original ballot shall be clearly labeled "Damaged Ballot" -40- LRB9213179JMmbam03 1 and the ballot so produced shall be clearly labeled "Damaged 2 Ballot" and the ballot so produced shall be clearly labeled 3 "Duplicate Damaged Ballot", and each shall contain the same 4 serial number which shall be placed by the judges of 5 election, beginning with number 1 and continuing 6 consecutively for the ballots of that kind in the precinct. 7 The judges of election shall initial the "Duplicate Damaged 8 Ballot" ballot and shall enter the duplicate damaged ballot 9 into the automatic tabulating equipment. The "Damaged 10 Ballots" shall be placed in the "Duplicated Ballots" 11 envelope; after all ballots have been successfully read, the 12 judges of election shall check to make certain that the 13 Precinct Tabulation Optical Scan Technology equipment readout 14 agrees with the number of voters making application for 15 ballot in that precinct. The number shall be listed on the 16 "Statement of Ballots" form provided by the election 17 authority. 18 The totals for all candidates and propositions shall be 19 tabulated; and 4 copies of a "Certificate of Results" shall 20 be generated by the automatic tabulating equipment; one copy 21 shall be posted in a conspicuous place inside the polling 22 place; and every effort shall be made by the judges of 23 election to provide a copy for each authorized pollwatcher or 24 other official authorized to be present in the polling place 25 to observe the counting of ballots; but in no case shall the 26 number of copies to be made available to pollwatchers be 27 fewer than 4, chosen by lot by the judges of election. In 28 addition, sufficient time shall be provided by the judges of 29 election to the pollwatchers to allow them to copy 30 information from the copy which has been posted. 31 The judges of election shall count all unused ballots and 32 enter the number on the "Statement of Ballots". All 33 "Spoiled", "Defective" and "Duplicated" ballots shall be 34 counted and the number entered on the "Statement of Ballots". -41- LRB9213179JMmbam03 1 The precinct judges of election shall select a 2 bi-partisan team of 2 judges, who shall immediately return 3 the ballots in a sealed container, along with all other 4 election materials as instructed by the election authority; 5 provided, however, that such container must first be sealed 6 by the election judges with filament tape or other approved 7 sealing devices provided for the purpose which shall be 8 wrapped around the container lengthwise and crosswise, at 9 least twice each way, in a manner that the ballots cannot be 10 removed from the container without breaking the seal and 11 filament tape and disturbing any signatures affixed by the 12 election judges to the container, or which other approved 13 sealing devices are affixed in a manner approved by the 14 election authority. The election authority shall keep the 15 office of the election authority or any receiving stations 16 designated by the authority, open for at least 12 consecutive 17 hours after the polls close or until the ballots from all 18 precincts with in-precinct automatic tabulatingcounting19 equipment within the jurisdiction of the election authority 20 have been returned to the election authority. Ballots 21 returned to the office of the election authority which are 22 not signed and sealed as required by law shall not be 23 accepted by the election authority until the judges returning 24 the ballots make and sign the necessary corrections. Upon 25 acceptance of the ballots by the election authority, the 26 judges returning the ballots shall take a receipt signed by 27 the election authority and stamped with the time and date of 28 the return. The election judges whose duty it is to return 29 any ballots as provided shall, in the event the ballots 30 cannot be found when needed, on proper request, produce the 31 receipt which they are to take as above provided. The 32 precinct judges of election shall also deliver the Precinct 33 Tabulation Optical Scan Technology equipment to the election 34 authority. -42- LRB9213179JMmbam03 1 (Source: P.A. 89-394, eff. 1-1-97.) 2 (10 ILCS 5/24B-14) 3 Sec. 24B-14. Damaged Ballots; Duplicates. In precincts 4 that utilize in-precinct automatic tabulating equipment 5 having voting defect identification capability and in which 6 voters insert their ballots into the automatic tabulating 7 equipment, if any ballot is damaged or defective so that it 8 cannot properly be counted by the automatic Precinct 9 Tabulation Optical Scan Technology tabulating equipment, that 10 ballot shall be treated as a spoiled ballot as provided in 11 Section 24B-10.1.If any ballot is damaged or defective so12that it cannot properly be counted by the automatic Precinct13Tabulation Optical Scan Technology tabulating equipment, a14true duplicate copy shall be made of the damaged ballot in15the presence of witnesses and substituted for the damaged16ballot. Likewise, a duplicate ballot shall be made of a17defective ballot which shall not include the invalid votes.18All duplicate ballots shall be clearly labeled "Duplicate",19shall bear a serial number which shall be registered on the20damaged or defective ballot, and shall be counted in lieu of21the damaged or defective ballot.22 (Source: P.A. 89-394, eff. 1-1-97.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.".