SB1972eng 92nd General Assembly


92_SB1972eng

 
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 1        AN ACT in relation to elections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Sections 7-19, 7-46, 7-47,  7-49,  7-52,  7-53,  7-54,  7-55,
 6    7-66,  15-6,  16-11,  17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7,
 7    19-8, 19-9, 19-10,  19-12.2,  19-15,  20-2,  20-2.1,  20-2.2,
 8    20-7,  20-8,  20-9,  and  20-15  and by adding Article 24C as
 9    follows:

10        (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
11        Sec. 7-19.  Arrangement and printing of  primary  ballot.
12    The  primary ballot of each political party for each precinct
13    shall be arranged and printed  substantially  in  the  manner
14    following:
15        1.   Designating words. At the top of the ballot shall be
16    printed in  large  capital  letters,  words  designating  the
17    ballot,  if  a Republican ballot, the designating words shall
18    be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic  ballot  the
19    designating  words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
20    in like manner for each political party.
21        2.  Order of Names, Directions to Voters, etc.  Beginning
22    not  less  than one inch below designating words, the name of
23    each office to be filled shall be printed in capital letters.
24    Such names may be printed on the ballot either  in  a  single
25    column  or  in  2 or more columns and in the following order,
26    to-wit:
27        President  of   the   United   States,   State   offices,
28    congressional  offices,  delegates and alternate delegates to
29    be elected from the State at  large  to  National  nominating
30    conventions,  delegates and alternate delegates to be elected
31    from   congressional   districts   to   National   nominating
 
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 1    conventions,  member  or  members  of   the   State   central
 2    committee,  trustees  of  sanitary districts, county offices,
 3    judicial  officers,  city,  village  and  incorporated   town
 4    offices,  town  offices,  or  of  such of the said offices as
 5    candidates are to be  nominated  for  at  such  primary,  and
 6    precinct,  township  or  ward  committeemen.  If  two or more
 7    columns are used, the  foregoing  offices  to  and  including
 8    member  of the State central committee shall be listed in the
 9    left-hand  column  and  Senatorial  offices,  as  defined  in
10    Section 8-3, shall be the first offices listed in the  second
11    column.
12        Below  the  name of each office shall be printed in small
13    letters the directions to voters: "Vote for one";  "Vote  for
14    two";  "Vote  for three"; or a spelled number designating how
15    many persons under that head are to be voted for.
16        Next to the  name  of  each  candidate  for  delegate  or
17    alternate  delegate to a national nominating convention shall
18    appear either (a) the name of the candidate's preference  for
19    President  of  the United States or the word "uncommitted" or
20    (b) no official designation, depending upon the action  taken
21    by  the State central committee pursuant to Section 7-10.3 of
22    this Act.
23        Below the name of each office shall be printed in capital
24    letters the names of all candidates, arranged in the order in
25    which their petitions for nominations were filed,  except  as
26    otherwise provided in Sections 7-14 and 7-17 of this Article.
27    Opposite  and in front of the name of each candidate shall be
28    printed a square and all  squares  upon  the  primary  ballot
29    shall  be  of  uniform  size.  Spaces  between  the  names of
30    candidates under each office shall be uniform and  sufficient
31    spaces  shall separate the names of candidates for one office
32    from the names of candidates for  another  office,  to  avoid
33    confusion  and to permit the writing in of the names of other
34    candidates.
 
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 1        Where voting machines, or electronic voting  systems,  or
 2    Direct  Recording  Electronic  Voting  Systems  are used, the
 3    provisions  of  this  Article  Section  may  be  modified  as
 4    required or authorized by Article  24,  or  Article  24A,  or
 5    Article 24C, whichever is applicable.
 6    (Source: P.A. 83-33.)

 7        (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
 8        Sec.  7-46.  Voting  of  ballot;  writing  in  names.  On
 9    receiving from the primary judges a  primary  ballot  of  his
10    party,  the  primary  elector  shall  forthwith  and  without
11    leaving  the polling place, retire alone to one of the voting
12    booths and prepare such primary ballot by marking a cross (X)
13    in the square in front of  and  opposite  the  name  of  each
14    candidate of his choice for each office to be filled, and for
15    delegates  and  alternate  delegates  to  national nominating
16    conventions, and for committeemen, if committeemen are  being
17    elected at such primary.
18        Any  primary  elector  may,  instead  of  voting  for any
19    candidate for nomination or for committeeman or for  delegate
20    or  alternate  delegate  to  national nominating conventions,
21    whose name is printed on the primary  ballot,  write  in  the
22    name  of  any  other  person  affiliated with such party as a
23    candidate  for  the  nomination  for  any  office,   or   for
24    committeeman,  or  for  delegates  or  alternate delegates to
25    national nominating conventions, and indicate his  choice  of
26    such  candidate  or  committeeman  or  delegate  or alternate
27    delegate, by placing to the left of  and  opposite  the  name
28    thus written a square and placing in the square a cross (X).
29        Where  voting  machines, or electronic voting systems, or
30    Direct Recording Electronic  Voting  Systems  are  used,  the
31    provisions  of  this  Article  section  may  be  modified  as
32    required  or  authorized  by  Article  24, or Article 24A, or
33    Article 24C, whichever is applicable.
 
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 1    (Source: Laws 1965, p. 2220.)

 2        (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
 3        Sec. 7-47.  Folding and delivery of ballot; entry in poll
 4    book. Before leaving the booth,  the  primary  elector  shall
 5    fold  his  primary  ballot  in  such manner as to conceal the
 6    marks thereon.  Such  voter  shall  then  vote  forthwith  by
 7    handing the primary judge the primary ballot received by such
 8    voter. Thereupon the primary judge shall deposit such primary
 9    ballot  in  the ballot box. One of the judges shall thereupon
10    enter in the primary  poll  book  the  name  of  the  primary
11    elector,  his  residence  and  his party affiliation or shall
12    make the entries on the official poll record as  required  by
13    articles 4, 5 and 6, if any one of them is applicable.
14        Where  voting  machines, or electronic voting systems, or
15    Direct Recording Electronic  Voting  Systems  are  used,  the
16    provisions  of  this  Article  section  may  be  modified  as
17    required  or  authorized  by  Article  24, or Article 24A, or
18    Article 24C, whichever is applicable.
19    (Source: Laws 1965, p. 2220.)

20        (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
21        Sec. 7-49. No adjournment  or  recess  after  opening  of
22    polls.   After  the  opening  of  the  polls  at a primary no
23    adjournment shall be had nor recess taken until  the  canvass
24    of  all  the  votes  is  completed  and the returns carefully
25    enveloped and sealed.
26        Where voting machines, or electronic voting  systems,  or
27    Direct  Recording  Electronic  Voting  Systems  are used, the
28    provisions  of  this  Article  section  may  be  modified  as
29    required or authorized by Article  24,  or  Article  24A,  or
30    Article 24C, whichever is applicable.
31    (Source: Laws 1965, p. 2220.)
 
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 1        (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
 2        Sec.  7-52.  Precinct canvass of votes.  Immediately upon
 3    closing the  polls,  the  primary  judges  shall  proceed  to
 4    canvass the votes in the manner following:
 5        (1)  They  shall  separate  and count the ballots of each
 6    political party.
 7        (2)  They shall then proceed to ascertain the  number  of
 8    names entered on the applications for ballot under each party
 9    affiliation.
10        (3)  If the primary ballots of any political party exceed
11    the  number  of  applications  for  ballot  by voters of such
12    political party, the primary ballots of such political  party
13    shall  be  folded  and  replaced  in  the ballot box, the box
14    closed, well shaken and again opened and one of  the  primary
15    judges,  who  shall be blindfolded, shall draw out so many of
16    the primary ballots of such political party as shall be equal
17    to  such  excess.   Such  excess  ballots  shall  be   marked
18    "Excess-Not  Counted"  and signed by a majority of the judges
19    and shall be placed in the "After 6:00 p.m. Defective Ballots
20    Envelope". The number of excess ballots shall be noted in the
21    remarks section of  the  Certificate  of  Results.   "Excess"
22    ballots  shall  not  be  counted  in the total of "defective"
23    ballots;
24        (4)  The primary judges shall then proceed to  count  the
25    primary  ballots  of  each political party separately; and as
26    the primary judges shall open and read the primary ballots, 3
27    of  the  judges  shall  carefully  and  correctly  mark  upon
28    separate tally sheets the votes which each candidate  of  the
29    party  whose name is written or printed on the primary ballot
30    has received, in a separate column for that purpose, with the
31    name of such candidate, the name of his political  party  and
32    the  name  of  the  office  for  which  he is a candidate for
33    nomination at the head of such column.
34        Where voting machines, or electronic voting  systems,  or
 
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 1    Direct  Recording  Electronic  Voting  Systems  are used, the
 2    provisions  of  this  Article  section  may  be  modified  as
 3    required or authorized by Article  24,  or  Article  24A,  or
 4    Article 24C, whichever is applicable.
 5    (Source: P.A. 80-484.)

 6        (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
 7        Sec.  7-53.  Tally  sheets;  certificate  of results.  As
 8    soon as the ballots of a political party shall have been read
 9    and the votes of the political party counted, as provided  in
10    the  last  above Section, the 3 judges in charge of the tally
11    sheets shall foot up the tally sheets so as to show the total
12    number of votes cast for  each  candidate  of  the  political
13    party  and  for each candidate for State Central committeeman
14    and precinct  committeeman,  township  committeeman  or  ward
15    committeeman, and delegate and alternate delegate to National
16    nominating  conventions,  and certify the same to be correct.
17    Thereupon, the primary judges shall set down in a certificate
18    of results  on  the  tally  sheet,  under  the  name  of  the
19    political  party,  the  name of each candidate voted for upon
20    the primary ballot, written at full length, the name  of  the
21    office  for  which  he  is  a candidate for nomination or for
22    committeeman, or delegate or alternate delegate  to  National
23    nominating  conventions,  the total number of votes which the
24    candidate received, and they shall also set  down  the  total
25    number  of  ballots  voted  by  the  primary  electors of the
26    political party in the precinct.  The certificate of  results
27    shall be made substantially in the following form:
28                                           ................ Party
29        At  the primary election held in the .... precinct of the
30    (1) *township of ...., or (2) *City of  ....,  or  (3)  *....
31    ward  in  the  city  of  ....  on  (insert date), the primary
32    electors of the  ....  party  voted  ....  ballots,  and  the
33    respective  candidates whose names were written or printed on
 
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 1    the primary ballot of the .... party,  received  respectively
 2    the following votes:
 3    Name of                                                No. of
 4    Candidate,                 Title of Office,             Votes
 5    John Jones                 Governor                       100
 6    Sam Smith                  Governor                        70
 7    Frank Martin               Attorney General               150
 8    William Preston            Rep. in Congress               200
 9    Frederick John             Circuit Judge                   50
10        *Fill in either (1), (2) or (3).
11        And so on for each candidate.
12        We  hereby certify the above and foregoing to be true and
13    correct.
14        Dated (insert date).
15                              ...................................
16                              Name                        Address
17                              ...................................
18                              Name                        Address
19                              ...................................
20                              Name                        Address
21                              ...................................
22                              Name                        Address
23                              ...................................
24                              Name                        Address
25                                     Judges of Primary

26        Where voting machines, or electronic voting  systems,  or
27    Direct  Recording  Electronic  Voting  Systems  are used, the
28    provisions  of  this  Article  Section  may  be  modified  as
29    required or authorized by Article 24,  and  Article  24A,  or
30    Article 24C, whichever is applicable.
31    (Source: P.A. 91-357, eff. 7-29-99.)

32        (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
33        Sec.   7-54.  Binding  and  sealing  ballots;  report  of
 
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 1    results.  After the votes of  a  political  party  have  been
 2    counted  and  set  down  and  the tally sheets footed and the
 3    entry made in the primary poll  books  or  return,  as  above
 4    provided,  all  the  primary ballots of said political party,
 5    except those marked "defective" or  "objected  to"  shall  be
 6    securely  bound,  lengthwise  and  in width, with a soft cord
 7    having a minimum tensile strength of 60 pounds separately for
 8    each political party in  the  order  in  which  said  primary
 9    ballots  have  been  read,  and  shall thereupon be carefully
10    sealed in an envelope, which envelope shall  be  endorsed  as
11    follows:
12        "Primary  ballots of the.... party of the.... precinct of
13    the county of.... and State of Illinois."
14        Below each endorsement, each primary  judge  shall  write
15    his name.
16        Immediately  thereafter the judges shall designate one of
17    their number to go to the nearest telephone and report to the
18    office of the county clerk or board of election commissioners
19    (as the case may be) the results of such primary. Such  clerk
20    or board shall keep his or its office open after the close of
21    the  polls  until  he  or  it has received from each precinct
22    under his or its jurisdiction the report above provided  for.
23    Immediately  upon  receiving  such report such clerk or board
24    shall cause the same to be posted in a public place in his or
25    its office for inspection by the  public.  Immediately  after
26    making  such  report  such  judge shall return to the polling
27    place.
28        Where voting machines, or electronic voting  systems,  or
29    Direct  Recording  Electronic  Voting  Systems  are used, the
30    provisions  of  this  Article  section  may  be  modified  as
31    required or authorized by Article  24,  or  Article  24A,  or
32    Article 24C, whichever is applicable.
33    (Source: P.A. 81-1433.)
 
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 1        (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
 2        Sec.   7-55.  Delivery   and   acceptance   of   election
 3    materials.   The  primary  poll  books  or  the official poll
 4    record, and the tally sheets with  the  certificates  of  the
 5    primary  judges  written thereon, together with the envelopes
 6    containing the ballots, including the envelope containing the
 7    ballots  marked  "defective"  or  "objected  to",  shall   be
 8    carefully   enveloped   and   sealed  up  together,  properly
 9    endorsed, and the primary judges shall elect  2  judges  (one
10    from   each  of  the  major  political  parties),  who  shall
11    immediately deliver the same  to  the  clerk  from  whom  the
12    primary  ballots were obtained, which clerk shall safely keep
13    the same for 2 months, and thereafter shall safely  keep  the
14    poll  books  until the next primary.  Each election authority
15    shall keep the office  of  the  election  authority,  or  any
16    receiving  stations designated by such authority, open for at
17    least 12 consecutive hours after the polls  close,  or  until
18    the  judges  of  each  precinct under the jurisdiction of the
19    election authority have delivered to the  election  authority
20    all  the  above  materials  sealed  up  together and properly
21    endorsed as provided  herein.   Materials  delivered  to  the
22    election authority which are not in the condition required by
23    this  Section shall not be accepted by the election authority
24    until the judges  delivering  the  same  make  and  sign  the
25    necessary  corrections.   Upon acceptance of the materials by
26    the election authority, the judges delivering the same  shall
27    take  a  receipt signed by the election authority and stamped
28    with the time and date of such delivery.  The election judges
29    whose duty it is to deliver any materials as  above  provided
30    shall,  in  the  event  such  materials  cannot be found when
31    needed, on proper request, produce the receipt which they are
32    to take as above provided.
33        The county clerk or board of election commissioners shall
34    deliver a copy of each tally sheet to the county chairmen  of
 
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 1    the two largest political parties.
 2        Where  voting  machines, or electronic voting systems, or
 3    Direct Recording Electronic  Voting  Systems  are  used,  the
 4    provisions  of  this  Article  section  may  be  modified  as
 5    required  or  authorized  by  Article 24, and Article 24A, or
 6    Article 24C, whichever is applicable.
 7    (Source: P.A. 83-764.)

 8        (10 ILCS 5/7-66)
 9        Sec. 7-66.  Precinct tabulation optical  scan  technology
10    voting  equipment  and  direct  recording  electronic  voting
11    systems equipment.
12        If the election authority has adopted the use of Precinct
13    Tabulation  Optical Scan Technology voting equipment pursuant
14    to Article 24B of this Code or  Direct  Recording  Electronic
15    Voting  Systems equipment under Article 24C of this Code, and
16    the provisions of those Articles the Article are in  conflict
17    with  the  provisions  of  this  Article 7, the provisions of
18    Article 24B or Article 24C, as the case may be, shall  govern
19    the procedures followed by the election authority, its judges
20    of elections, and all employees and agents.  In following the
21    provisions  of  Article  24B  or  Article  24C,  the election
22    authority is authorized to develop and  implement  procedures
23    to  fully utilize Precinct Tabulation Optical Scan Technology
24    voting  equipment  or  Direct  Recording  Electronic   Voting
25    Systems  equipment authorized by the State Board of Elections
26    as long as the procedure  is  not  in  conflict  with  either
27    Article  24B, Article 24C, or the administrative rules of the
28    State Board of Elections.
29    (Source: P.A. 89-394, eff. 1-1-97.)

30        (10 ILCS 5/15-6)
31        Sec. 15-6.  Precinct tabulation optical  scan  technology
32    voting  equipment  and  direct  recording  electronic  voting
 
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 1    systems equipment.
 2        If the election authority has adopted the use of Precinct
 3    Tabulation  Optical Scan Technology voting equipment pursuant
 4    to Article 24B of this Code or  Direct  Recording  Electronic
 5    Voting  Systems equipment under Article 24C of this Code, and
 6    the provisions of those Articles the Article are in  conflict
 7    with  the  provisions  of  this Article 15, the provisions of
 8    Article 24B or Article 24C, as the case may be, shall  govern
 9    the procedures followed by the election authority, its judges
10    of elections, and all employees and agents.  In following the
11    provisions  of  Article  24B  or  Article  24C,  the election
12    authority is authorized to develop and  implement  procedures
13    to  fully utilize Precinct Tabulation Optical Scan Technology
14    voting  equipment  or  Direct  Recording  Electronic   Voting
15    Systems  equipment authorized by the State Board of Elections
16    as long as the procedure  is  not  in  conflict  with  either
17    Article  24B, Article 24C, or the administrative rules of the
18    State Board of Elections.
19    (Source: P.A. 89-394, eff. 1-1-97.)

20        (10 ILCS 5/16-11)
21        Sec. 16-11.  Precinct tabulation optical scan  technology
22    voting  equipment  and  direct  recording  electronic  voting
23    systems equipment.
24        If the election authority has adopted the use of Precinct
25    Tabulation  Optical Scan Technology voting equipment pursuant
26    to Article 24B of this Code or  Direct  Recording  Electronic
27    Voting  Systems equipment under Article 24C of this Code, and
28    the provisions of those Articles the Article are in  conflict
29    with  the  provisions  of  this Article 16, the provisions of
30    Article 24B or Article 24C, as the case may be, shall  govern
31    the procedures followed by the election authority, its judges
32    of elections, and all employees and agents.  In following the
33    provisions  of  Article  24B  or  Article  24C,  the election
 
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 1    authority is authorized to develop and  implement  procedures
 2    to  fully utilize Precinct Tabulation Optical Scan Technology
 3    voting  equipment  or  Direct  Recording  Electronic   Voting
 4    Systems  equipment authorized by the State Board of Elections
 5    as long as the procedure  is  not  in  conflict  with  either
 6    Article  24B, Article 24C, or the administrative rules of the
 7    State Board of Elections.
 8    (Source: P.A. 89-394, eff. 1-1-97.)

 9        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
10        Sec. 17-9.  Any person desiring to vote  shall  give  his
11    name  and,  if required to do so, his residence to the judges
12    of election, one of whom shall thereupon announce the same in
13    a loud and distinct tone of voice, clear,  and  audible;  the
14    judges  of  elections shall check each application for ballot
15    against the list of voters registered  in  that  precinct  to
16    whom  absentee  ballots  have  been issued for that election,
17    which shall be provided by the election authority  and  which
18    list  shall  be  available for inspection by pollwatchers.  A
19    voter applying to vote in the precinct on election day  whose
20    name  appears  on  the list as having been issued an absentee
21    ballot shall not be permitted to vote in the precinct  unless
22    that   voter   submits   to   the  judges  of  election,  for
23    cancellation or revocation, his absentee ballot. In the  case
24    that  the  voter's  absentee  ballot  is  not  present in the
25    polling place, it shall be sufficient for any such  voter  to
26    submit  to  the  judges  of  election in lieu of his absentee
27    ballot, either a portion of such ballot if torn or mutilated,
28    or an  affidavit  executed  before  the  judges  of  election
29    specifying  that the voter never received an absentee ballot,
30    or an  affidavit  executed  before  the  judges  of  election
31    specifying  that  the  voter  desires to cancel or revoke any
32    absentee ballot that may have been cast in the voter's  name.
33    All  applicable  provisions  of  Articles  4, 5 or 6 shall be
 
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 1    complied with and if such name is found on  the  register  of
 2    voters  by  the  officer  having  charge  thereof,  he  shall
 3    likewise  repeat said name, and the voter shall be allowed to
 4    enter within the proximity of the  voting  booths,  as  above
 5    provided.   One  of  the judges shall give the voter one, and
 6    only one of each ballot to be voted at the election,  on  the
 7    back  of  which ballots such judge shall indorse his initials
 8    in such manner that they may be seen when each such ballot is
 9    properly folded, and the voter's name  shall  be  immediately
10    checked on the register list. In those election jurisdictions
11    where  perforated  ballot  cards  are utilized of the type on
12    which write-in votes can be cast above the  perforation,  the
13    election authority shall provide a space both above and below
14    the perforation for the judge's initials, and the judge shall
15    endorse  his  or  her  initials  in  both spaces.  Whenever a
16    proposal for a constitutional amendment or for the calling of
17    a constitutional convention  is  to  be  voted  upon  at  the
18    election,  the  separate  blue  ballot  or ballots pertaining
19    thereto shall, when being handed to the voter, be  placed  on
20    top  of the other ballots to be voted at the election in such
21    manner that the legend appearing  on  the  back  thereof,  as
22    prescribed  in  Section  16-6  of  this Act, shall be plainly
23    visible to the voter.  At all elections, when a registry  may
24    be required, if the name of any person so desiring to vote at
25    such  election  is not found on the register of voters, he or
26    she shall not receive a ballot until he  or  she  shall  have
27    complied  with  the law prescribing the manner and conditions
28    of voting by unregistered voters.  If any person desiring  to
29    vote at any election shall be challenged, he or she shall not
30    receive  a  ballot until he or she shall have established his
31    right to vote in the manner provided hereinafter; and  if  he
32    or  she shall be challenged after he has received his ballot,
33    he shall not be permitted to vote until he or she  has  fully
34    complied  with  such  requirements  of  the  law  upon  being
 
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 1    challenged.   Besides  the  election officer, not more than 2
 2    voters in  excess  of  the  whole  number  of  voting  booths
 3    provided  shall be allowed within the proximity of the voting
 4    booths at one time.  The provisions of this Act,  so  far  as
 5    they  require  the  registration  of voters as a condition to
 6    their being allowed  to  vote  shall  not  apply  to  persons
 7    otherwise  entitled  to  vote,  who  are,  at the time of the
 8    election, or at  any  time  within  60  days  prior  to  such
 9    election  have  been engaged in the military or naval service
10    of the United  States,  and  who  appear  personally  at  the
11    polling  place  on  election day and produce to the judges of
12    election satisfactory evidence thereof, but such persons,  if
13    otherwise  qualified  to  vote, shall be permitted to vote at
14    such election without previous registration.
15        All such persons shall also make an affidavit which shall
16    be in substantially the following form:
17    State of Illinois,)
18                      ) ss.
19    County of ........)
20    ............... Precinct   .......... Ward
21        I, ...., do solemnly  swear  (or  affirm)  that  I  am  a
22    citizen of the United States, of the age of 18 years or over,
23    and  that  within  the past 60 days prior to the date of this
24    election at which I am applying to vote, I have been  engaged
25    in the .... (military or naval) service of the United States;
26    and  I  am  qualified  to  vote  under  and  by virtue of the
27    Constitution and laws of the State of Illinois, and that I am
28    a legally qualified voter of this precinct  and  ward  except
29    that I have, because of such service, been unable to register
30    as  a  voter;  that  I  now reside at .... (insert street and
31    number, if any) in  this  precinct  and  ward;  that  I  have
32    maintained a legal residence in this precinct and ward for 30
33    days and in this State 30 days next preceding this election.
34                                        .........................
 
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 1        Subscribed and sworn to before me on (insert date).
 2                                        .........................
 3                                               Judge of Election.

 4        The  affidavit  of  any such person shall be supported by
 5    the affidavit of a resident and qualified voter of  any  such
 6    precinct  and ward, which affidavit shall be in substantially
 7    the following form:
 8    State of Illinois,)
 9                      ) ss.
10    County of ........)
11    ........... Precinct   ........... Ward
12        I, ...., do solemnly swear  (or  affirm),  that  I  am  a
13    resident  of  this  precinct and ward and entitled to vote at
14    this election; that I am acquainted with ....  (name  of  the
15    applicant);  that  I  verily believe him to be an actual bona
16    fide resident of this precinct and ward  and  that  I  verily
17    believe  that  he  or  she  has  maintained a legal residence
18    therein 30 days and in this State 30 days next preceding this
19    election.
20                                        .........................
21        Subscribed and sworn to before me on (insert date).
22                                        .........................
23                                               Judge of Election.

24        All affidavits made under the provisions of this  Section
25    shall be enclosed in a separate envelope securely sealed, and
26    shall be transmitted with the returns of the elections to the
27    county  clerk  or to the board of election commissioners, who
28    shall preserve the  said  affidavits  for  the  period  of  6
29    months,  during  which period such affidavits shall be deemed
30    public records and shall be freely  open  to  examination  as
31    such.
32    (Source: P.A. 91-357, eff. 7-29-99.)
 
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 1        (10 ILCS 5/17-43)
 2        Sec.  17-43.  Precinct tabulation optical scan technology
 3    voting  equipment  and  direct  recording  electronic  voting
 4    systems equipment.
 5        If the election authority has adopted the use of Precinct
 6    Tabulation Optical Scan Technology voting equipment  pursuant
 7    to  Article  24B  of this Code or Direct Recording Electronic
 8    Voting Systems equipment under Article 24C of this Code,  and
 9    the  provisions of those Articles the Article are in conflict
10    with the provisions of this Article  17,  the  provisions  of
11    Article  24B or Article 24C, as the case may be, shall govern
12    the procedures followed by the election authority, its judges
13    of elections, and all employees and agents.  In following the
14    provisions of  Article  24B  or  Article  24C,  the  election
15    authority  is  authorized to develop and implement procedures
16    to fully utilize Precinct Tabulation Optical Scan  Technology
17    voting   equipment  or  Direct  Recording  Electronic  Voting
18    Systems equipment authorized by the State Board of  Elections
19    as  long  as  the  procedure  is  not in conflict with either
20    Article 24B, Article 24C, or the administrative rules of  the
21    State Board of Elections.
22    (Source: P.A. 89-394, eff. 1-1-97.)

23        (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
24        Sec.  18-5.  Questioning  of  person  desiring  to  vote;
25    receipt  of ballots.    Any person desiring to vote and whose
26    name is found upon the  register  of  voters  by  the  person
27    having charge thereof, shall then be questioned by one of the
28    judges  as  to his nativity, his term of residence at present
29    address, precinct, State and United States, his age,  whether
30    naturalized  and  if so the date of naturalization papers and
31    court from which secured, and he shall be asked to state  his
32    residence when last previously registered and the date of the
33    election   for  which  he  then  registered.  The  judges  of
 
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 1    elections shall check each application for ballot against the
 2    list of voters registered in that precinct to  whom  absentee
 3    ballots  have  been  issued for that election, which shall be
 4    provided by the election authority and which  list  shall  be
 5    available for inspection by pollwatchers. A voter applying to
 6    vote  in  the  precinct on election day whose name appears on
 7    the list as having been issued an absentee ballot  shall  not
 8    be  permitted  to  vote  in  the  precinct  unless that voter
 9    submits to  the  judges  of  election,  for  cancellation  or
10    revocation,  his  absentee  ballot.   In  the  case  that the
11    voter's absentee ballot is not present in the polling  place,
12    it  shall  be  sufficient for any such voter to submit to the
13    judges of election in lieu of his absentee ballot,  either  a
14    portion  of such ballot if torn or mutilated, or an affidavit
15    executed before the judges of election  specifying  that  the
16    voter  never  received  an  absentee  ballot, or an affidavit
17    executed before the judges of election  specifying  that  the
18    voter  desires  to  cancel or revoke any absentee ballot that
19    may have been cast in the voter's name.  If  such  person  so
20    registered  shall  be  challenged  as disqualified, the party
21    challenging shall assign his reasons therefor, and  thereupon
22    one  of  the judges shall administer to him an oath to answer
23    questions, and if he shall take the oath  he  shall  then  be
24    questioned  by  the  judge  or  judges touching such cause of
25    challenge, and touching any other cause of  disqualification.
26    And  he  may also be questioned by the person challenging him
27    in regard to  his  qualifications  and  identity.  But  if  a
28    majority  of  the  judges  are  of the opinion that he is the
29    person so registered and a qualified voter,  his  vote  shall
30    then  be received accordingly. But if his vote be rejected by
31    such judges, such person may afterward produce and deliver an
32    affidavit to such judges, subscribed  and  sworn  to  by  him
33    before  one  of  the  judges, in which it shall be stated how
34    long he has resided in such precinct, and state; that he is a
 
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 1    citizen of the United States, and is a duly  qualified  voter
 2    in  such  precinct,  and  that  he is the identical person so
 3    registered. In addition to such an affidavit, the  person  so
 4    challenged  shall  provide to the judges of election proof of
 5    residence by producing 2 forms of identification showing  the
 6    person's   current  residence  address,  provided  that  such
 7    identification to the person at his current residence address
 8    and postmarked not earlier than 30 days prior to the date  of
 9    the   election,   or  the  person  shall  procure  a  witness
10    personally known to the judges of election, and  resident  in
11    the  precinct  (or  district), or who shall be proved by some
12    legal voter of such precinct or district, known to the judges
13    to be such, who shall take the oath following, viz:
14        I do solemnly swear (or affirm) that I am a  resident  of
15    this election precinct (or district), and entitled to vote at
16    this  election, and that I have been a resident of this State
17    for 30 days last past, and am well acquainted with the person
18    whose vote is now offered; that he is an actual and bona fide
19    resident of this election precinct  (or  district),  and  has
20    resided  herein  30  days,  and  as I verily believe, in this
21    State, 30 days next preceding this election.
22        The oath in each case may be administered by one  of  the
23    judges  of  election,  or  by  any  officer,  resident in the
24    precinct or district, authorized by law to administer  oaths.
25    Also supported by an affidavit by a registered voter residing
26    in  such  precinct,  stating  his  own residence, and that he
27    knows such person; and that  he  does  reside  at  the  place
28    mentioned  and has resided in such precinct and state for the
29    length of time as stated  by  such  person,  which  shall  be
30    subscribed  and  sworn to in the same way. Whereupon the vote
31    of such person shall be received, and entered as other votes.
32    But such judges, having charge of such registers, shall state
33    in their respective books the facts in  such  case,  and  the
34    affidavits,  so  delivered  to the judges, shall be preserved
 
SB1972 Engrossed            -19-               LRB9215985JMmb
 1    and returned to the office of the commissioners of  election.
 2    Blank affidavits of the character aforesaid shall be sent out
 3    to  the  judges  of  all  the  precincts,  and  the judges of
 4    election shall furnish the same on demand and administer  the
 5    oaths  without  criticism. Such oaths, if administered by any
 6    other officer than such  judge  of  election,  shall  not  be
 7    received.  Whenever a proposal for a constitutional amendment
 8    or for the calling of a constitutional convention  is  to  be
 9    voted  upon  at  the  election,  the  separate blue ballot or
10    ballots pertaining thereto shall be  placed  on  top  of  the
11    other ballots to be voted at the election in such manner that
12    the  legend  appearing  on the back thereof, as prescribed in
13    Section 16-6 of this Act, shall be  plainly  visible  to  the
14    voter, and in this fashion the ballots shall be handed to the
15    voter by the judge.
16        The  voter shall, upon quitting the voting booth, deliver
17    to one of the judges of election all of the ballots, properly
18    folded, which he received. The judge of election to whom  the
19    voter  delivers  his ballots shall not accept the same unless
20    all of the ballots given to the voter are returned by him. If
21    a voter delivers less than all of the ballots given  to  him,
22    the  judge to whom the same are offered shall advise him in a
23    voice clearly audible to the other judges  of  election  that
24    the  voter  must  return  the  remainder  of the ballots. The
25    statement of the judge to the voter shall clearly express the
26    fact that the voter is not required to  vote  such  remaining
27    ballots  but  that  whether or not he votes them he must fold
28    and deliver them to the judge. In making such  statement  the
29    judge  of  election  shall  not  indicate by word, gesture or
30    intonation of voice that  the  unreturned  ballots  shall  be
31    voted  in  any  particular  manner.  No  new  voter  shall be
32    permitted to enter the voting booth of a voter who has failed
33    to deliver the total number of ballots received by him  until
34    such  voter  has returned to the voting booth pursuant to the
 
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 1    judge's request and again quit the  booth  with  all  of  the
 2    ballots  required  to be returned by him. Upon receipt of all
 3    such ballots the judges of election shall enter the  name  of
 4    the voter, and his number, as above provided in this section,
 5    and  the  judge  to  whom  the  ballots  are  delivered shall
 6    immediately put the ballots into the ballot box. If any voter
 7    who has failed to deliver all the  ballots  received  by  him
 8    refuses  to return to the voting booth after being advised by
 9    the judge of election as herein  provided,  the  judge  shall
10    inform  the  other  judges of such refusal, and thereupon the
11    ballot or ballots returned to the judge shall be deposited in
12    the ballot box, the voter shall be permitted to  depart  from
13    the  polling  place,  and  a  new voter shall be permitted to
14    enter the voting booth.
15        The judge of election who receives the ballot or  ballots
16    from  the voter shall announce the residence and name of such
17    voter in a loud voice. The judge  shall  put  the  ballot  or
18    ballots  received  from  the voter into the ballot box in the
19    presence of the voter and the  judges  of  election,  and  in
20    plain  view  of  the public. The judges having charge of such
21    registers shall then, in a column prepared  thereon,  in  the
22    same  line  of,  the  name  of the voter, mark "Voted" or the
23    letter "V".
24        No judge of election shall accept  from  any  voter  less
25    than  the  full  number  of  ballots  received  by such voter
26    without first advising the voter in the manner above provided
27    of the necessity of returning all of the ballots,  nor  shall
28    any such judge advise such voter in a manner contrary to that
29    which is herein permitted, or in any other manner violate the
30    provisions  of this section; provided, that the acceptance by
31    a judge of election of less than the full number  of  ballots
32    delivered  to  a  voter  who  refuses to return to the voting
33    booth after being properly advised by such judge shall not be
34    a violation of this Section.
 
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 1    (Source: P.A. 89-653, eff. 8-14-96.)

 2        (10 ILCS 5/18-40)
 3        Sec. 18-40.  Precinct tabulation optical scan  technology
 4    voting  equipment  and  direct  recording  electronic  voting
 5    systems equipment.
 6        If the election authority has adopted the use of Precinct
 7    Tabulation  Optical Scan Technology voting equipment pursuant
 8    to Article 24B of this Code or  Direct  Recording  Electronic
 9    Voting   Systems   equipment   under  Article  24C,  and  the
10    provisions of those Articles the Article are in conflict with
11    the provisions of this Article 18, the provisions of  Article
12    24B  or  Article  24C,  as  the case may be, shall govern the
13    procedures followed by the election authority, its judges  of
14    elections,  and  all  employees and agents.  In following the
15    provisions of  Article  24B  or  Article  24C,  the  election
16    authority  is  authorized to develop and implement procedures
17    to fully utilize Precinct Tabulation Optical Scan  Technology
18    voting   equipment  or  Direct  Recording  Electronic  Voting
19    Systems equipment authorized by the State Board of  Elections
20    as  long  as  the  procedure  is  not in conflict with either
21    Article 24B, Article 24C, or the administrative rules of  the
22    State Board of Elections.
23    (Source: P.A. 89-394, eff. 1-1-97.)

24        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
25        Sec.   19-2.1.   At  the  consolidated  primary,  general
26    primary,  consolidated,  and  general   elections,   electors
27    entitled  to  vote by absentee ballot under the provisions of
28    Section 19-1  may  vote  in  person  at  the  office  of  the
29    municipal   clerk,   if  the  elector  is  a  resident  of  a
30    municipality not having a board of election commissioners, or
31    at the office of the township clerk or, in counties not under
32    township organization, at the office  of  the  road  district
 
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 1    clerk  if  the  elector  is not a resident of a municipality;
 2    provided, in each case that the municipal, township  or  road
 3    district  clerk, as the case may be, is authorized to conduct
 4    in-person absentee voting pursuant to this Section.  Absentee
 5    voting in such municipal and township clerk's  offices  under
 6    this Section shall be conducted from the 22nd day through the
 7    day before the election.
 8        Municipal  and  township clerks (or road district clerks)
 9    who have  regularly  scheduled  working  hours  at  regularly
10    designated  offices other than a place of residence and whose
11    offices are open for business during the same  hours  as  the
12    office  of  the  election  authority  shall conduct in-person
13    absentee voting for said elections.  Municipal  and  township
14    clerks  (or  road  district  clerks)  who  have  no regularly
15    scheduled working hours but  who  have  regularly  designated
16    offices  other  than  a  place  of  residence  shall  conduct
17    in-person absentee voting for said elections during the hours
18    of  8:30  a.m.  to  4:30  p.m.  or  9:00  a.m.  to 5:00 p.m.,
19    weekdays, and 9:00 a.m. to 12:00 noon on Saturdays,  but  not
20    during  such hours as the office of the election authority is
21    closed, unless the clerk files  a  written  waiver  with  the
22    election authority not later than July 1 of each year stating
23    that  he  or  she  is  unable  to conduct such voting and the
24    reasons therefor. Such clerks who conduct in-person  absentee
25    voting may extend their hours for that purpose to include any
26    hours  in  which  the  election  authority's  office is open.
27    Municipal and township clerks (or road district  clerks)  who
28    have  no  regularly  scheduled  office hours and no regularly
29    designated offices other than a place of  residence  may  not
30    conduct  in-person  absentee  voting for said elections.  The
31    election  authority  may  devise  alternative   methods   for
32    in-person  absentee  voting  before  said elections for those
33    precincts  located  within  the   territorial   area   of   a
34    municipality or township (or road district) wherein the clerk
 
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 1    of  such  municipality  or  township  (or  road district) has
 2    waived  or  is  not  entitled  to  conduct  such  voting.  In
 3    addition, electors may vote  by  absentee  ballot  under  the
 4    provisions  of  Section  19-1  at  the office of the election
 5    authority having jurisdiction over their residence.
 6        In conducting absentee voting  under  this  Section,  the
 7    respective  clerks  shall  not  be  required  to  verify  the
 8    signature  of  the  absentee  voter  by  comparison  with the
 9    signature on the official registration record card.  However,
10    the  clerk  shall  reasonably  ascertain the identity of such
11    applicant,  shall  verify  that  each  such  applicant  is  a
12    registered voter, and shall verify the precinct in  which  he
13    or  she is registered and the proper ballots of the political
14    subdivisions in which the applicant resides and  is  entitled
15    to  vote,  prior  to  providing  any  absentee ballot to such
16    applicant.   The   clerk   shall   verify   the   applicant's
17    registration and from the most recent poll list  provided  by
18    the  county clerk, and if the applicant is not listed on that
19    poll list then by telephoning the office of the county clerk.
20        Absentee  voting  procedures  in  the   office   of   the
21    municipal, township and road district clerks shall be subject
22    to  all  of  the  applicable  provisions  of this Article 19.
23    Pollwatchers may be appointed to observe  in-person  absentee
24    voting procedures at the office of the municipal, township or
25    road  district  clerks' offices where such absentee voting is
26    conducted.  Such pollwatchers shall qualify and be  appointed
27    in  the  same  manner as provided in Sections 7-34 and 17-23,
28    except each candidate, political  party  or  organization  of
29    citizens  may  appoint only one pollwatcher for each location
30    where in-person absentee voting is  conducted.   Pollwatchers
31    shall   be   residents   of  the  county  and  possess  valid
32    pollwatcher credentials. All  requirements  in  this  Article
33    applicable   to  election  authorities  shall  apply  to  the
34    respective local clerks, except where inconsistent with  this
 
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 1    Section.
 2        In  election  jurisdictions that deliver absentee ballots
 3    to the polling place to be counted by the precinct judges  on
 4    election  day,  the  sealed absentee ballots in their carrier
 5    envelope shall be delivered by the respective clerks,  or  by
 6    the  election authority on behalf of a clerk if the clerk and
 7    the election authority agree,  to the  proper  polling  place
 8    before  the  close  of  the  polls  on the day of the general
 9    primary,  consolidated  primary,  consolidated,  or   general
10    election.
11        In  election  jurisdictions  that  have  adopted a Direct
12    Recording Electronic Voting System under Article 24C and that
13    count  absentee  ballots  in  the  office  of  the   election
14    authority  on  election  day,  the sealed absentee ballots in
15    their carrier envelope shall be delivered to  the  office  of
16    the  election  authority  by the respective clerks before the
17    close of the  polls  on  the  day  of  the  general  primary,
18    consolidated primary, consolidated, or general election.
19        Not more than 23 days before the nonpartisan, general and
20    consolidated elections, the county clerk shall make available
21    to   those  municipal,  township  and  road  district  clerks
22    conducting in-person absentee voting within  such  county,  a
23    sufficient   number   of   applications,   absentee  ballots,
24    envelopes, and printed voting instruction slips  for  use  by
25    absentee voters in the offices of such clerks. The respective
26    clerks  shall  receipt for all ballots received, shall return
27    all unused or spoiled ballots to the county clerk on the  day
28    of  the  election  and shall strictly account for all ballots
29    received.
30        The ballots delivered  to  the  respective  clerks  shall
31    include   absentee   ballots   for   each   precinct  in  the
32    municipality, township or road  district,  or  shall  include
33    such   separate   ballots   for  each  political  subdivision
34    conducting an election of officers or a  referendum  on  that
 
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 1    election day as will permit any resident of the municipality,
 2    township  or  road district to vote absentee in the office of
 3    the proper clerk.
 4        The clerks of  all  municipalities,  townships  and  road
 5    districts may distribute applications for absentee ballot for
 6    the  use  of voters who wish to mail such applications to the
 7    appropriate  election  authority.    Such  applications   for
 8    absentee  ballots  shall  be  made  on  forms provided by the
 9    election  authority.   Duplication  of  such  forms  by   the
10    municipal, township or road district clerk is prohibited.
11    (Source: P.A. 91-210, eff. 1-1-00.)

12        (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
13        Sec.  19-7.  Upon  receipt of such absent voter's ballot,
14    the election  authority  shall  forthwith  enclose  the  same
15    unopened,  together  with the application made by said absent
16    voter in a large or carrier envelope which shall be  securely
17    sealed  and endorsed with the name and official title of such
18    officer and the words,  "This  envelope  contains  an  absent
19    voter's  ballot and must be opened on election day," together
20    with the number and description of the precinct in which said
21    ballot is to be voted,  and  such  officer  shall  thereafter
22    safely  keep  the  same in his office until counted by him as
23    provided in this Article the next section.
24        Except as provided in Article 24C, the election authority
25    may choose (i) to have the absentee ballots delivered  before
26    the  closing  of the polls to their proper polling places for
27    counting by the precinct judges or (ii) to have the  absentee
28    ballots received after 12:00 noon on election day or too late
29    for  delivery before the closing of the polls on election day
30    counted in the office of the election  authority  by  one  or
31    more  panels  of  election  judges  appointed  in  the manner
32    provided for in this Code.
33    (Source: P.A. 81-155.)
 
SB1972 Engrossed            -26-               LRB9215985JMmb
 1        (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
 2        Sec.  19-8.  In  election  jurisdictions   that   deliver
 3    absentee  ballots  to  the polling place to be counted by the
 4    precinct judges, the provisions of this Section shall  apply.
 5       In  case  an  absent  voter's  ballot  is  received by the
 6    election authority prior to  the  delivery  of  the  official
 7    ballots  to  the  judges of election of the precinct in which
 8    said elector resides, such ballot envelope  and  application,
 9    sealed  in  the  carrier  envelope, shall be enclosed in such
10    package  and  therewith  delivered  to  the  judges  of  such
11    precinct. In case the official ballots for such precinct have
12    been delivered to the judges of election at the time  of  the
13    receipt  by  the  election  authority  of such absent voter's
14    ballot,  such  authority  shall  immediately   enclose   said
15    envelope  containing the absent voter's ballot, together with
16    his application therefor, in a  larger  or  carrier  envelope
17    which  shall  be securely sealed and addressed on the face to
18    the  judges  of  election,  giving  the  name  or  number  of
19    precinct, street and number of polling place, city or town in
20    which such absent voter is a qualified elector, and the words
21    "This envelope contains an absent voter's ballot and must  be
22    opened  only  on  election day at the polls immediately after
23    the polls are closed," mailing the same, postage prepaid,  to
24    such  judges of election, or if more convenient, such officer
25    may deliver such absent  voter's  ballot  to  the  judges  of
26    election  in  person or by duly deputized agent, said officer
27    to secure his receipt for delivery of such ballot or ballots.
28    Absent voters' ballots returned by  absentee  voters  to  the
29    election  authority  after  the  closing  of  the polls on an
30    election day shall be  endorsed  by  the  election  authority
31    receiving the same with the day and hour of receipt and shall
32    be  safely  kept  unopened by such election authority for the
33    period of time required for the preservation of ballots  used
34    at  such  election,  and shall then, without being opened, be
 
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 1    destroyed  in  like  manner  as  the  used  ballots  of  such
 2    election.
 3        All absent  voters'  ballots  received  by  the  election
 4    authority  after  12:00  noon on election day or too late for
 5    delivery to the proper polling place before  the  closing  of
 6    the  polls  on  election  day,  and Special Write-In Absentee
 7    Voter's  Blank  Ballots,  except  ballots  returned  by  mail
 8    postmarked after midnight preceding the opening of the  polls
 9    on  election  day, and all absent voters' ballots in election
10    jurisdictions that use voting systems authorized  by  Article
11    24C shall be endorsed by the election authority receiving the
12    same with the day and hour of receipt and shall be counted in
13    the  office  of  the  election  authority  on  the day of the
14    election  after  7:00  p.m.   All  absent   voters'   ballots
15    delivered  in error to the wrong precinct polling place shall
16    be returned to the election authority and counted under  this
17    provision;  however,  all  absentee  ballots  received by the
18    election authority by the close of  absentee  voting  in  the
19    office of the election authority on the day preceding the day
20    of election shall be delivered to the proper precinct polling
21    places in time to be counted by the judges of election.
22        Such  counting shall commence no later than 8:00 p.m. and
23    shall be conducted by a panel or panels  of  election  judges
24    appointed  in the manner provided by law. Such counting shall
25    continue  until  all  absent  voters'  ballots  received   as
26    aforesaid have been counted.
27        The  procedures set forth in Section 19-9 of this Act and
28    Articles 17 and 18 of this Code, shall apply  to  all  absent
29    voters'  ballots  counted  under  this  provision,  including
30    comparing  the  signature  on  the  ballot  envelope with the
31    signature of the voter on the  permanent  voter  registration
32    record  card  taken  from  the master file; except that votes
33    shall be recorded by without regard to precinct  designation,
34    except for precinct offices.
 
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 1    (Source: P.A. 91-357, eff. 7-29-99.)

 2        (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
 3        Sec.  19-9.  At the close of the regular balloting and at
 4    the close of the polls the judges of election of each  voting
 5    precinct  or  the  panel or panels of judges in the office of
 6    the election authority, as the case may be, shall proceed  to
 7    cast the absent voter's ballot separately, and as each absent
 8    voter's  ballot  is  taken  shall  open  the outer or carrier
 9    envelope, announce the absent voter's name, and  compare  the
10    signature  upon  the  application with the signature upon the
11    certification on the ballot envelope and the signature of the
12    voter on the permanent voter  registration  record  card.  In
13    case  the  judges  find the certifications properly executed,
14    that the signatures correspond, that the applicant is a  duly
15    qualified  elector  in the precinct and the applicant has not
16    been present and voted within the county where he  represents
17    himself  to be a qualified elector on such election day, they
18    shall open the envelope containing the absent voter's  ballot
19    in  such manner as not to deface or destroy the certification
20    thereon, or mark or tear the ballots therein and take out the
21    ballot or ballots  therein  contained  without  unfolding  or
22    permitting  the  same  to be unfolded or examined, and having
23    endorsed the ballot in  like  manner  as  other  ballots  are
24    required to be endorsed, shall deposit the same in the proper
25    ballot  box or boxes and enter the absent voter's name in the
26    poll book the same as if he had been  present  and  voted  in
27    person.   The   judges   shall   place  the  absentee  ballot
28    certification envelopes in a separate  envelope  as  per  the
29    direction of the election authority. Such envelope containing
30    the absentee ballot certification envelopes shall be returned
31    to the election authority and preserved in like manner as the
32    official poll record.
33        In  case  such  signatures do not correspond, or that the
 
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 1    applicant is not a duly qualified elector in such precinct or
 2    that the ballot envelope is  open  or  has  been  opened  and
 3    resealed,  or that said voter is present and has voted within
 4    the county where he represents  himself  to  be  a  qualified
 5    elector  on  the  day  of such election at such election such
 6    previously cast  vote  shall  not  be  allowed,  but  without
 7    opening  the  absent  voter's  envelope  the  judge  of  such
 8    election  shall  mark  across  the  face thereof, "Rejected",
 9    giving the reason therefor.
10        In case the ballot envelope contains more than one ballot
11    of any kind, said ballots shall not be counted, but shall  be
12    marked "Rejected", giving the reason therefor.
13        The  absent  voters'  envelopes  and  affidavits  and the
14    absent voters' envelope with its contents unopened, when such
15    absent vote is rejected shall be retained  and  preserved  in
16    the manner as now provided for the retention and preservation
17    of official ballots rejected at such election.
18        As  applied  to  an  absentee  ballot  of  a  permanently
19    disabled  voter  who  has  complied with Section 19-12.1, the
20    word  "certification"  as  used  in  this  Section  shall  be
21    construed to refer to the unsworn statement subscribed to  by
22    the voter pursuant to Section 19-12.1.
23    (Source: P.A. 87-1052.)

24        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
25        Sec.  19-10.  Pollwatchers  may  be  appointed to observe
26    in-person absentee voting procedures at  the  office  of  the
27    election  authority as well as at municipal, township or road
28    district  clerks'  offices  where  such  absentee  voting  is
29    conducted.  Such pollwatchers shall qualify and be  appointed
30    in  the  same  manner as provided in Sections 7-34 and 17-23,
31    except each candidate, political  party  or  organization  of
32    citizens  may  appoint only one pollwatcher for each location
33    where in-person absentee voting is conducted.    Pollwatchers
 
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 1    shall   be   residents   of  the  county  and  possess  valid
 2    pollwatcher credentials.
 3        In the polling place on election day, pollwatchers  shall
 4    be  permitted  to be present during the casting of the absent
 5    voters' ballots and the vote  of  any  absent  voter  may  be
 6    challenged for cause the same as if he were present and voted
 7    in  person,  and  the  judges  of  the election or a majority
 8    thereof shall have power and authority to hear and  determine
 9    the  legality  of  such  ballot; Provided, however, that if a
10    challenge to any absent voter's right to vote  is  sustained,
11    notice of the same must be given by the judges of election by
12    mail addressed to the voter's place of residence.
13        Where  certain  absent voters' ballots are counted on the
14    day of the election in the office of the  election  authority
15    as  provided  in  this Article Section 19-8 of this Act, each
16    political party, candidate and qualified  civic  organization
17    shall  be  entitled  to have present one pollwatcher for each
18    panel of election judges therein assigned. Such  pollwatchers
19    shall  be  subject to the same provisions as are provided for
20    pollwatchers in Sections 7-34 and 17-23  of  this  Code,  and
21    shall  be permitted to observe the election judges making the
22    signature comparison  between that which is on  the  absentee
23    ballot  application  and that which is on the ballot envelope
24    and that which is on the permanent voter registration  record
25    card taken from the master file.
26    (Source: P.A. 86-875.)

27        (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
28        Sec.   19-12.2.  Voting   by   physically   incapacitated
29    electors  who  have  made  proper application to the election
30    authority not later than 5 days before  the  regular  primary
31    and  general  election  of  1980  and  before  each  election
32    thereafter  shall  be conducted on the premises of facilities
33    licensed or certified pursuant to the Nursing Home  Care  Act
 
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 1    for  the  sole  benefit of residents of such facilities. Such
 2    voting  shall  be  conducted  during  any  continuous  period
 3    sufficient to allow all  applicants  to  cast  their  ballots
 4    between  the hours of 9 a.m. and 7 p.m. either on the Friday,
 5    Saturday, Sunday or Monday immediately preceding the  regular
 6    election. This absentee voting on one of said days designated
 7    by the election authority shall be supervised by two election
 8    judges  who must be selected by the election authority in the
 9    following order of priority: (1) from  the  panel  of  judges
10    appointed for the precinct in which such facility is located,
11    or  from  a  panel of judges appointed for any other precinct
12    within the jurisdiction of the election authority in the same
13    ward or township, as the case may be, in which  the  facility
14    is  located or, only in the case where a judge or judges from
15    the precinct, township or ward are unavailable to serve,  (3)
16    from  a  panel  of  judges  appointed  for any other precinct
17    within the jurisdiction of the election  authority.  The  two
18    judges  shall  be  from different political parties. Not less
19    than 30 days  before  each  regular  election,  the  election
20    authority  shall  have arranged with the chief administrative
21    officer of each facility in his or its election  jurisdiction
22    a  mutually  convenient  time period on the Friday, Saturday,
23    Sunday or Monday immediately preceding the election for  such
24    voting  on  the  premises of the facility and shall post in a
25    prominent place in his or its office a notice of  the  agreed
26    day  and  time  period  for  conducting  such  voting at each
27    facility; provided that  the  election  authority  shall  not
28    later than noon on the Thursday before the election also post
29    the  names  and  addresses  of those facilities from which no
30    applications  were  received  and  in  which  no   supervised
31    absentee  voting  will  be conducted.  All provisions of this
32    Code applicable to pollwatchers shall be  applicable  herein.
33    To  the  maximum  extent  feasible,  voting booths or screens
34    shall be provided to insure the privacy of the voter.  Voting
 
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 1    procedures  shall be as described in Article 17 of this Code,
 2    except that ballots shall be treated as absentee ballots  and
 3    shall  not  be  counted  until  the close of the polls on the
 4    following day. After the last voter has concluded voting, the
 5    judges shall seal the ballots in an envelope and affix  their
 6    signatures  across  the  flap  of  the  envelope. Immediately
 7    thereafter, the judges shall bring the sealed envelope to the
 8    office of the  election  authority  who  shall  preserve  the
 9    ballots  in  the  office  of  the election authority in those
10    jurisdictions that have adopted a Direct Recording Electronic
11    Voting System under  Article  24C  and  that  count  absentee
12    ballots  in   the  office  of the election authority or shall
13    deliver the such  ballots  to  the  proper  precinct  polling
14    places  prior  to  the  closing  of  the  polls on the day of
15    election  in  election  jurisdictions  that  count   absentee
16    ballots  in  the  polling  place.  Provided, that in election
17    jurisdictions that count  absentee  ballots  in  the  polling
18    place  the  election authority may arrange for the judges who
19    conduct such voting on the  Monday  before  the  election  to
20    deliver  the  sealed envelope directly to the proper precinct
21    polling place on the day of election and shall announce  such
22    procedure  in  the  30 day notice heretofore prescribed.  The
23    judges  of  election  shall  also  report  to  the   election
24    authority  the name of any applicant in the facility who, due
25    to unforeseen circumstance  or  condition  or  because  of  a
26    religious  holiday,  was  unable to vote.  In this event, the
27    election authority may appoint a qualified person from his or
28    its staff to deliver the ballot to such applicant on the  day
29    of  election.   This  staff  person  shall  follow  the  same
30    procedures  prescribed  for judges conducting absentee voting
31    in such facilities; but shall return the ballot to the proper
32    precinct polling place before the polls  close.  However,  if
33    the facility from which the application was made is also used
34    as  a  regular  precinct polling place for that voter, voting
 
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 1    procedures heretofore prescribed may be implemented by  2  of
 2    the election judges of opposite party affiliation assigned to
 3    that  polling  place during the hours of voting on the day of
 4    the election. Judges of election  shall  be  compensated  not
 5    less  than  $25.00  for  conducting  absentee  voting in such
 6    facilities.
 7        Not less than 120 days before each regular election,  the
 8    Department  of Public Health shall certify to the State Board
 9    of Elections a list of the facilities licensed  or  certified
10    pursuant to the Nursing Home Care Act, and shall indicate the
11    approved   bed   capacity   and   the   name   of  the  chief
12    administrative officer of each such facility, and  the  State
13    Board  of Elections shall certify the same to the appropriate
14    election authority within 20 days thereafter.
15    (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)

16        (10 ILCS 5/19-15)
17        Sec. 19-15.  Precinct tabulation optical scan  technology
18    voting  equipment  and  direct  recording  electronic  voting
19    systems equipment.
20        If the election authority has adopted the use of Precinct
21    Tabulation  Optical Scan Technology voting equipment pursuant
22    to Article 24B of this Code or  Direct  Recording  Electronic
23    Voting   Systems   equipment   under  Article  24C,  and  the
24    provisions of those Articles the Article are in conflict with
25    the provisions of this Article 19, the provisions of  Article
26    24B  or  Article  24C,  as  the case may be, shall govern the
27    procedures followed by the election authority, its judges  of
28    elections,  and  all  employees and agents.  In following the
29    provisions of  Article  24B  or  Article  24C,  the  election
30    authority  is  authorized to develop and implement procedures
31    to fully utilize Precinct Tabulation Optical Scan  Technology
32    voting   equipment  or  Direct  Recording  Electronic  Voting
33    Systems equipment authorized by the State Board of  Elections
 
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 1    as  long  as  the  procedure  is  not in conflict with either
 2    Article 24B, Article 24C, or the administrative rules of  the
 3    State Board of Elections.
 4    (Source: P.A. 89-394, eff. 1-1-97.)

 5        (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
 6        Sec.  20-2.  Any  member  of  the  United States Service,
 7    otherwise qualified to vote, who expects in the course of his
 8    duties to be absent from the county in which  he  resides  on
 9    the  day  of holding any election may make application for an
10    absentee ballot to the election authority having jurisdiction
11    over his precinct of residence on the official postcard or on
12    a form furnished by the election authority as  prescribed  by
13    Section 20-3 of this Article not less than 10 days before the
14    election.  A  request  pursuant to this Section shall entitle
15    the applicant to an absentee ballot for every election in one
16    calendar year. The original application for ballot  shall  be
17    kept  in the office of the election authority for one year as
18    authorization to send a ballot to the voter for each election
19    to be held within that calendar year.  A  certified  copy  of
20    such  application for ballot shall be sent each election with
21    the absentee ballot to the polling place to be used  in  lieu
22    of the original application for ballot. No registration shall
23    be required in order to vote pursuant to this Section.
24        Ballots  under  this  Section  shall  be  mailed  by  the
25    election  authority  in the manner prescribed by Section 20-5
26    of this Article and not otherwise. Ballots voted  under  this
27    Section  must  be  returned  to  the  election  authority  in
28    sufficient  time  for  delivery  (i)  to  the proper precinct
29    polling place before the closing of the polls on the  day  of
30    the  election in jurisdictions that count absentee ballots in
31    the polling place or (ii)  to  the  office  of  the  election
32    authority   before   the   closing  of  the  polls  in  those
33    jurisdictions that have adopted a Direct Recording Electronic
 
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 1    Voting System under  Article  24C  and  that  count  absentee
 2    ballots in the office of the election authority.
 3    (Source: P.A. 86-875.)

 4        (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
 5        Sec.  20-2.1.  Citizens  of the United States temporarily
 6    residing outside the territorial limits of the United  States
 7    who  are  not  registered but otherwise qualified to vote and
 8    who expect to be absent from their county of residence during
 9    the periods of voter registration provided for in Articles 4,
10    5 or 6 of this Code and on the day of holding  any  election,
11    may  make  simultaneous application to the election authority
12    having jurisdiction over their precinct of residence  for  an
13    absentee  registration  and  absentee ballot not less than 30
14    days before the election. Such application may be made on the
15    official postcard or on a  form  furnished  by  the  election
16    authority  as  prescribed  by Section 20-3 of this Article. A
17    request pursuant to this Section shall entitle the  applicant
18    to  an  absentee  ballot  for  every election in one calendar
19    year. The original application for ballot shall  be  kept  in
20    the  office  of  the  election  authority  for  one  year  as
21    authorization to send a ballot to the voter for each election
22    to  be  held  within that calendar year.  A certified copy of
23    such application for ballot shall be sent each election  with
24    the  absentee  ballot to the polling place to be used in lieu
25    of the original application for ballot.
26        Registration shall be required in order to vote  pursuant
27    to  this Section. However, if the election authority receives
28    one of such applications after 30 days but not less  than  10
29    days  before a Federal election, said applicant shall be sent
30    a ballot containing the Federal offices only and registration
31    for that election shall be waived.
32        Ballots  under  this  Section  shall  be  mailed  by  the
33    election authority in the manner prescribed by  Section  20-5
 
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 1    of this Article and not otherwise.
 2        Ballots  under  this  Section  must  be  returned  to the
 3    election authority in sufficient time for delivery (i) to the
 4    proper precinct polling place before the closing of the polls
 5    on the day of the election in those jurisdictions that  count
 6    absentee  ballots  in the polling place or (ii) to the office
 7    of the election authority before the closing of the polls  on
 8    election  day  in  those  jurisdictions  that  have adopted a
 9    Direct Recording Electronic Voting System under  Article  24C
10    and that count absentee ballots in the office of the election
11    authority.
12    (Source: P.A. 86-875.)

13        (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
14        Sec.   20-2.2.    Any   non-resident   civilian  citizen,
15    otherwise qualified to vote,  may  make  application  to  the
16    election  authority  having jurisdiction over his precinct of
17    former  residence  for  an  absentee  ballot  containing  the
18    Federal offices only not less than 10 days before  a  Federal
19    election.   Such application may be made only on the official
20    postcard. A request pursuant to this  Section  shall  entitle
21    the applicant to an absentee ballot for every election in one
22    calendar  year  at  which  Federal  offices  are  filled. The
23    original application for ballot shall be kept in  the  office
24    of  the  election  authority for one year as authorization to
25    send a ballot to the voter  for  each  election  to  be  held
26    within  that  calendar  year  at  which  Federal  offices are
27    filled.  A certified copy  of  such  application  for  ballot
28    shall  be  sent each election with the absentee ballot to the
29    polling place to be used in lieu of the original  application
30    for  ballot.  No  registration  shall be required in order to
31    vote pursuant to this Section.  Ballots  under  this  Section
32    shall  be  mailed  by  the  election  authority in the manner
33    prescribed by Section 20-5 of this Article and not otherwise.
 
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 1    Ballots under this Section must be returned to  the  election
 2    authority  in  sufficient time for delivery (i) to the proper
 3    precinct polling place before the closing of the polls on the
 4    day  of  the  election  in  those  jurisdictions  that  count
 5    absentee ballots in the polling place or (ii) to  the  office
 6    of  the election authority before the closing of the polls on
 7    election day in  those  jurisdictions  that  have  adopted  a
 8    Direct  Recording  Electronic Voting System under Article 24C
 9    and that count absentee ballots in the office of the election
10    authority.
11    (Source: P.A. 86-875.)

12        (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
13        Sec. 20-7. Upon receipt of such  absent  voter's  ballot,
14    the  officer  or  officers  above  described  shall forthwith
15    enclose the same unopened, together with the application made
16    by said absent voter in a large  or  carrier  envelope  which
17    shall  be  securely  sealed  and  endorsed  with the name and
18    official title of such officer and the words, "This  envelope
19    contains  an  absent  voter's  ballot  and  must be opened on
20    election day," together with the number  and  description  of
21    the  precinct  in  which said ballot is to be voted, and such
22    officer shall thereafter safely keep the same in  his  office
23    until  counted  by  him  as provided in this Article the next
24    section.
25        Except as provided in Article 24C, the election authority
26    may choose (i) to deliver the absentee ballots to the  proper
27    precinct  polling  place before the close of the polls on the
28    election day to be counted by the precinct judges or (ii)  to
29    have  the  absentee  ballots  received  after  12:00  noon on
30    election day or too late for delivery before the  closing  of
31    the  polls  on  election  day  counted  in  the office of the
32    election authority by one or more panels of  election  judges
33    appointed in the manner provided for in this Code.
 
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 1    (Source: P.A. 81-155.)

 2        (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
 3        Sec.  20-8.  (a) In  election  jurisdictions  that  count
 4    absentee  ballots in the polling place, this subsection shall
 5    apply.
 6        In case any such  ballot  is  received  by  the  election
 7    authority   prior  to the delivery of the official ballots to
 8    the judges of election of the precinct in which said  elector
 9    resides,  such ballot envelope and application, sealed in the
10    carrier envelope, shall be enclosed in the same package  with
11    the  other  official  ballots  and therewith delivered to the
12    judges of such precinct. In case  the  official  ballots  for
13    such  precinct  have been delivered to the judges of election
14    at the time of the receipt by the election authority of  such
15    absent  voter's  ballot,  it  shall  immediately enclose said
16    envelope containing the absent voter's ballot, together  with
17    his  application  therefor,  in  a larger or carrier envelope
18    which shall be securely sealed and addressed on the  face  to
19    the  judges  of  election,  giving  the  name  or  number  of
20    precinct, street and number of polling place, city or town in
21    which  such  absent  voter  is  a  qualified elector, and the
22    words, "This envelope contains an absent voter's  ballot  and
23    must  be opened only on election day at the polls immediately
24    after the  polls  are  closed,"  mailing  the  same,  postage
25    prepaid, to such judges of election, or if more convenient he
26    or it may deliver such absent voter's ballot to the judges of
27    election  in person or by duly deputized agent and secure his
28    receipt for  delivery  of  such  ballot  or  ballots.  Absent
29    voter's  ballots  postmarked  after  11:59  p.m.  of  the day
30    immediately preceding the election returned to  the  election
31    authority  too  late  to  be  delivered to the proper polling
32    place before the closing of the polls on the day of  election
33    shall  be  endorsed by the person receiving the same with the
 
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 1    day and hour of receipt and shall be safely kept unopened  by
 2    the  election  authority  for the period of time required for
 3    the preservation of ballots used at such election, and  shall
 4    then,  without  being  opened, be destroyed in like manner as
 5    the used ballots of such election.
 6        (b)  All absent voters' ballots received by the  election
 7    authority  after  12:00  noon on election day or too late for
 8    delivery to the proper polling place before  the  closing  of
 9    the  polls  on  election day, except ballots returned by mail
10    postmarked after midnight preceding the opening of the  polls
11    on  election  day, and all absent voters' ballots in election
12    jurisdictions that use voting systems authorized  by  Article
13    24C  shall be counted in the office of the election authority
14    on the day of the election after 7:00 p.m. All absent voters'
15    ballots delivered in error  to  the  wrong  precinct  polling
16    place shall be returned to the election authority and counted
17    under this provision.
18        Such  counting shall commence no later than 8:00 p.m. and
19    shall be conducted by a panel or panels  of  election  judges
20    appointed  in the manner provided by law. Such counting shall
21    continue  until  all  absent  voters'  ballots  received   as
22    aforesaid have been counted.
23        The  procedures set forth in Section 19-9 of this Act and
24    Articles 17 and 18 of this Code, shall apply  to  all  absent
25    voters'  ballots  counted  under  this provision; except that
26    votes  shall  be  recorded  by  without  regard  to  precinct
27    designation.
28        Where certain absent voters' ballots are counted  in  the
29    office of the election authority as provided in this Section,
30    each   political   party,   candidate   and  qualified  civic
31    organization  shall  be  entitled   to   have   present   one
32    pollwatcher   for  each  panel  of  election  judges  therein
33    assigned.
34    (Source: P.A. 84-861.)
 
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 1        (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
 2        Sec. 20-9. At the close of the regular balloting  and  at
 3    the  close of the polls the judges of election of each voting
 4    precinct or the panel or panels of judges in  the  office  of
 5    the  election authority, as the case may be, shall proceed to
 6    cast the absent voter's ballot separately, and as each absent
 7    voter's ballot is taken  shall  open  the  outer  or  carrier
 8    envelope,  announce  the absent voter's name, and compare the
 9    signature upon the application with the  signature  upon  the
10    registration  record  card if the voter is registered or upon
11    the certification on the  ballot  envelope  if  there  is  no
12    registration card. In case the judges find the certifications
13    properly  executed,  that the signatures correspond, that the
14    applicant is a duly qualified elector in the precinct and the
15    applicant has not been present and voted  within  the  county
16    where he represents himself to be a qualified elector on such
17    election  day,  they  shall  open the envelope containing the
18    absent voter's ballot in such manner  as  not  to  deface  or
19    destroy  the  certification  thereon,  or  mark  or  tear the
20    ballots therein and take out the ballot  or  ballots  therein
21    contained  without  unfolding  or  permitting  the same to be
22    unfolded or examined, and having endorsed  or  initialed  the
23    ballot  in  like  manner  as other ballots are required to be
24    endorsed, shall deposit the same in the proper ballot box  or
25    boxes   and   mark   the  voter's  registration  record  card
26    accordingly or file the  application  in  lieu  thereof.  The
27    judges   shall   place   the  absentee  ballot  certification
28    envelopes in a separate envelope as per the direction of  the
29    election  authority.  Such  envelope  containing the absentee
30    ballot certification  envelopes  shall  be  returned  to  the
31    election  authority  and  preserved  in  like  manner  as the
32    official poll record.
33        In case the signatures do not  correspond,  or  that  the
34    applicant is not a duly qualified elector in such precinct or
 
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 1    that  the  ballot  envelope  is  open  or has been opened and
 2    resealed (except for the purpose of military censorship),  or
 3    that  said  voter  is present and has voted within the county
 4    where he represents himself to be a qualified elector on  the
 5    day  of  such  election at such election such previously cast
 6    vote shall not be allowed, but  without  opening  the  absent
 7    voter's envelope the judge of such election shall mark across
 8    the face thereof, "Rejected", giving the reason therefor.
 9        In  case  the ballot envelope contains duplicate ballots,
10    said ballots shall  not  be  counted,  but  shall  be  marked
11    "Rejected", giving the reason therefor.
12        The  absent  voters' envelopes and certifications and the
13    absent voters' envelope with its contents unopened, when such
14    absent vote is rejected shall be retained  and  preserved  in
15    the manner as now provided for the retention and preservation
16    of official ballots rejected at such election.
17    (Source: P.A. 87-1052.)

18        (10 ILCS 5/20-15)
19        Sec.  20-15.  Precinct tabulation optical scan technology
20    voting  equipment  and  direct  recording  electronic  voting
21    systems equipment.
22        If the election authority has adopted the use of Precinct
23    Tabulation Optical Scan Technology voting equipment  pursuant
24    to  Article  24B  of this Code or Direct Recording Electronic
25    Voting Systems equipment under Article 24C of this Code,  and
26    the  provisions of those Articles the Article are in conflict
27    with the provisions of this Article  20,  the  provisions  of
28    Article  24B or Article 24C, as the case may be, shall govern
29    the procedures followed by the election authority, its judges
30    of elections, and all employees and agents.  In following the
31    provisions of  Article  24B  or  Article  24C,  the  election
32    authority  is  authorized to develop and implement procedures
33    to fully utilize Precinct Tabulation Optical Scan  Technology
 
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 1    voting   equipment  or  Direct  Recording  Electronic  Voting
 2    Systems equipment authorized by the State Board of  Elections
 3    as  long  as  the  procedure  is  not in conflict with either
 4    Article 24B, Article 24C, or the administrative rules of  the
 5    State Board of Elections.
 6    (Source: P.A. 89-394, eff. 1-1-97.)

 7        (10 ILCS 5/Art. 24C heading new)
 8                   ARTICLE 24C.  DIRECT RECORDING
 9                      ELECTRONIC VOTING SYSTEMS

10        (10 ILCS 5/24C-1 new)
11        Sec.  24C-1.  Purpose.  The purpose of this Article is to
12    authorize the  use  of  Direct  Recording  Electronic  Voting
13    Systems  approved  by  the  State  Board  of Elections.  In a
14    Direct Recording Electronic Voting System, voters cast  votes
15    by  means  of  a  ballot  display provided with mechanical or
16    electro-optical devices that can be activated by  the  voters
17    to  mark their choices for the candidates of their preference
18    and for or against public questions. The voting devices shall
19    be capable of instantaneously recording  the  votes,  storing
20    the  votes,  and  tabulating  the votes at the precinct. This
21    Article authorizes the use  of  Direct  Recording  Electronic
22    Voting  Systems for in-precinct counting applications, except
23    that absentee ballots must be counted at the  office  of  the
24    election authority.

25        (10 ILCS 5/24C-2 new)
26        Sec. 24C-2. Definitions.  As used in this Article:
27        "Audit  trail"  means  a  continuous  trail  of  evidence
28    linking  individual  transactions  related  to the vote count
29    with the summary record of vote totals, but  that  shall  not
30    allow  for  the identification of the voter.  It shall permit
31    verification of the accuracy of the count and  detection  and
 
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 1    correction  of  problems  and  shall provide a record of each
 2    step taken in: defining and producing ballots and  generating
 3    related  software  for specific elections; installing ballots
 4    and  software;  testing   system   readiness;   casting   and
 5    tabulating  ballots;  and  producing  reports of vote totals.
 6    The record shall incorporate system status and error messages
 7    generated during election  processing,  including  a  log  of
 8    machine  activities  and  routine and unusual intervention by
 9    authorized and unauthorized individuals.   Also  part  of  an
10    election  audit  trail  is the documentation of such items as
11    ballots delivered and  collected,  administrative  procedures
12    for  system security, pre-election testing of voting systems,
13    and maintenance performed on voting equipment.
14        "Ballot" means an electronic audio or  video  display  or
15    any  other  medium  used  to record a voter's choices for the
16    candidates of his or her preference and for or against public
17    questions.
18        "Ballot configuration" means the  particular  combination
19    of  political  subdivision or district ballots including, for
20    each  political  subdivision  or  district,  the   particular
21    combination of offices, candidate names, and public questions
22    as they appear for each group of voters who may cast the same
23    ballot.
24        "Ballot  image"  means  a corresponding representation in
25    electronic form of the mark or vote position of a ballot.
26        "Ballot label" or "ballot screen" means  the  display  of
27    material  containing  the names of offices and candidates and
28    public questions to be voted on.
29        "Computer",   "automatic   and   electronic    tabulating
30    equipment",  or  "equipment" includes (i) apparatus necessary
31    to automatically or electronically examine and count votes as
32    designated on ballots and (ii) data processing machines  that
33    can be used for counting ballots and tabulating results.
34        "Computer   operator"   means   any   person  or  persons
 
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 1    designated by the election authority to operate the automatic
 2    tabulating equipment during any portion of the vote  tallying
 3    process  in  an  election,  but  shall  not include judges of
 4    election operating vote tabulating equipment in the precinct.
 5        "Computer  program"  or  "program"  means  the   set   of
 6    operating   instructions  for  the  automatic  or  electronic
 7    tabulating  equipment   that   examines,   records,   counts,
 8    tabulates, canvasses, and prints votes recorded by a voter on
 9    a ballot.
10        "Direct  recording  electronic  voting  system",  "voting
11    system",  or  "system" means the combination of equipment and
12    programs that records votes by  means  of  a  ballot  display
13    provided  with mechanical or electro-optical devices that can
14    be activated by the voter, that processes the data  by  means
15    of  a  computer  program, that records voting data and ballot
16    images in  internal  memory  devices,  and  that  produces  a
17    tabulation  of  the  voting  data as hard copy or stored in a
18    removable memory device.
19        "Edit listing" means a computer generated listing of  the
20    names of each candidate and public question as they appear in
21    the program for each precinct.
22        "In-precinct  counting"  means the recording and counting
23    of ballots on automatic or  electronic  tabulating  equipment
24    provided  by  the  election  authority  in  the same precinct
25    polling place in which those ballots have been cast.
26        "Separate ballot" means a separate page or display screen
27    of the ballot that is  clearly  defined  and  distinguishable
28    from other portions of the ballot.
29        "Voting  device"  or  "voting  machine"  means  a  Direct
30    Recording Voting System apparatus.

31        (10 ILCS 5/24C-3 new)
32        Sec.  24C-3. Adoption, experimentation, or abandonment of
33    Direct Recording  Electronic  Voting  System;  boundaries  of
 
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 1    precincts;  notice.   Any  county  board  or  board of county
 2    commissioners,  with  respect   to   territory   within   its
 3    jurisdiction, may adopt, experiment with, or abandon a Direct
 4    Recording  Electronic  Voting  System approved for use by the
 5    State Board of Elections and may use the  system  in  all  or
 6    some   of  the  precincts  within  its  jurisdiction,  or  in
 7    combination  with  punch  cards,  paper  ballots,  or  ballot
 8    sheets. In no case  may  a  county  board,  board  of  county
 9    commissioners, or board of election commissioners contract or
10    arrange  for  the  purchase,  lease,  or  loan  of  a  Direct
11    Recording   Electronic  Voting  System  or  system  component
12    without the approval of  the  State  Board  of  Elections  as
13    provided  by  Section  24C-16.  The county board and board of
14    county commissioners of each county having  a  population  of
15    40,000  or  more,  with respect to all elections for which an
16    election authority is charged  with  the  duty  of  providing
17    materials   and   supplies,  must  provide  either  a  Direct
18    Recording Electronic Voting System approved for  use  by  the
19    State Board of Elections under this Article or voting systems
20    under  Article  24,  Article  24A,  or  Article  24B for each
21    precinct for all elections, except  as  provided  in  Section
22    24-1.2.   For  purposes of this Section "population" does not
23    include persons prohibited from voting by Section 3-5 of this
24    Code.
25        Before any Direct Recording Electronic Voting  System  is
26    introduced, adopted, or used in any precinct or territory, at
27    least 2 months public notice must be given before the date of
28    the  first  election  when  the  system  is  to be used.  The
29    election authority shall publish the notice at least once  in
30    one  or more newspapers published within the county, or other
31    jurisdiction, where the election is held.   If  there  is  no
32    such  newspaper, the notice shall be published in a newspaper
33    published in the county  and  having  a  general  circulation
34    within  the  jurisdiction.  The notice shall be substantially
 
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 1    as follows:
 2        "Notice is hereby given that on (give date),  at  (insert
 3    place  where  election  is  held)  in  the  county of (insert
 4    county) an election will be held for (insert name of  offices
 5    to  be  filled) at which a Direct Recording Electronic Voting
 6    System will be used."
 7        Dated at ... (insert date)"
 8        This notice referred to shall be given only at the  first
 9    election  at  which  the  Direct  Recording Electronic Voting
10    System is used.

11        (10 ILCS 5/24C-3.1 new)
12        Sec. 24C-3.1. Retention, consolidation, or alteration  of
13    existing  precincts;  change  of  location.   When  a  Direct
14    Recording  Electronic Voting System is used, the county board
15    or  board  of  election  commissioners  may  retain  existing
16    precincts or may consolidate, combine,  alter,  decrease,  or
17    enlarge  the boundaries of the precincts to change the number
18    of registered voters  of  the  precincts  using  the  system,
19    establishing  the  number  of  registered  voters within each
20    precinct at a number not to exceed  800  as  the  appropriate
21    county  board  or  board of election commissioners determines
22    will afford adequate  voting  facilities  and  efficient  and
23    economical elections.
24        Except  in  the  event of a fire, flood, or total loss of
25    heat in a place fixed or established pursuant to law  by  any
26    county  board or board of election commissioners as a polling
27    place for an election, no election authority shall change the
28    location of a polling  place  established  for  any  precinct
29    after  notice  of  the place of holding the election for that
30    precinct has been given as required under Article 12,  unless
31    the  election authority notifies all registered voters in the
32    precinct of the change in location by  first  class  mail  in
33    sufficient  time  for  the  notice  to  be  received  by  the
 
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 1    registered  voters  in the precinct at least one day prior to
 2    the date of the election.

 3        (10 ILCS 5/24C-4 new)
 4        Sec. 24C-4. Use of  Direct  Recording  Electronic  Voting
 5    System;  requisites;  applicable procedure.  Direct Recording
 6    Electronic Voting Systems may be used in  elections  provided
 7    that  the  systems  enable  the  voter to cast a vote for all
 8    offices and on all public questions for which he  or  she  is
 9    entitled  to  vote, and that the systems are approved for use
10    by the State Board of Elections.
11        So far as applicable, the procedure provided  for  voting
12    paper  ballots  shall  apply when Direct Recording Electronic
13    Voting Systems are used.  The provisions of this Article  24C
14    will govern when there are conflicts.

15        (10 ILCS 5/24C-5 new)
16        Sec.  24C-5.  Voting booths.  In precincts where a Direct
17    Recording Electronic Voting  System  is  used,  a  sufficient
18    number  of voting booths shall be provided for the use of the
19    system according to the requirements determined by the  State
20    Board  of  Elections.  Each booth shall be placed so that the
21    entrance to each booth faces a wall in a manner that no judge
22    of election or pollwatcher is able to observe a voter casting
23    a ballot.

24        (10 ILCS 5/24C-5.1 new)
25        Sec. 24C-5.1. Instruction of voters.  Before entering the
26    voting booth each voter shall be offered instruction in using
27    the  Direct   Recording   Electronic   Voting   System.    In
28    instructing  voters, no election judge may show partiality to
29    any political party or candidate.  The duties of  instruction
30    shall  be  discharged  by  a judge from each of the political
31    parties represented  and  they  shall  alternate  serving  as
 
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 1    instructor  so  that  each  judge  shall serve a like time at
 2    those duties.  No instructions may be given after  the  voter
 3    has entered the voting booth.
 4        No  election judge or person assisting a voter may in any
 5    manner request, suggest, or seek to persuade  or  induce  any
 6    voter  to  cast  his  or  her vote for any particular ticket,
 7    candidate,  amendment,   question,   or   proposition.    All
 8    instructions  shall  be  given by election judges in a manner
 9    that it may be observed  by  other  persons  in  the  polling
10    place.

11        (10 ILCS 5/24C-5.2 new)
12        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
13    Electronic  Voting System; placement in public library.  When
14    a Direct Recording Electronic Voting System is to be used  in
15    a  forthcoming  election, the election authority may provide,
16    for the purpose of instructing voters in  the  election,  one
17    demonstrator  Direct  Recording Electronic Voting System unit
18    for placement in any  public  library  within  the  political
19    subdivision  where the election occurs. If the placement of a
20    demonstrator takes place it shall be made available at  least
21    30 days before the election.

22        (10 ILCS 5/24C-6 new)
23        Sec.  24C-6.  Ballot  information;  arrangement; absentee
24    ballots; spoiled ballots.  The ballot information  shall,  as
25    far  as  practicable, be in the order of arrangement provided
26    for paper ballots, except that  the  information  may  be  in
27    vertical  or horizontal rows or on a number of separate pages
28    or display screens.
29        All public questions, including but not limited to public
30    questions   calling   for   a   constitutional    convention,
31    constitutional  amendment,  or  judicial  retention, shall be
32    placed on the ballot  separate  and  apart  from  candidates.
 
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 1    Ballots  for all public questions shall be clearly designated
 2    pursuant  to  administrative  rule  of  the  State  Board  of
 3    Elections.  More than one amendment to the  constitution  may
 4    be   placed  on  the  same  portion  of  the  ballot  screen.
 5    Constitutional   convention   or   constitutional   amendment
 6    propositions  shall  precede   all   candidates   and   other
 7    propositions and shall be placed on a separate portion of the
 8    ballot  and  designated  by  borders or unique color screens,
 9    unless otherwise provided by administrative rule of the State
10    Board of Elections.  More than one  public  question  may  be
11    placed  on the same portion of the ballot. Judicial retention
12    propositions shall be placed on a  separate  portion  of  the
13    ballot  designated  pursuant  to  administrative  rule of the
14    State Board of  Elections.  More  than  one  proposition  for
15    retention  of  judges  in  office  may  be placed on the same
16    portion of the ballot.
17        The party affiliation, if any, of each candidate  or  the
18    word  "independent",  where  applicable, shall appear near or
19    under the candidate's name, and the names of  candidates  for
20    the same office shall be listed vertically under the title of
21    that  office.   In  the  case  of  nonpartisan  elections for
22    officers of political subdivisions, unless the statute or  an
23    ordinance  adopted  pursuant  to  Article VII of the Illinois
24    Constitution requires otherwise, the listing  of  nonpartisan
25    candidates  shall  not  include  any  party  or "independent"
26    designation. In primary elections, a separate  ballot,  shall
27    be  used for each political party holding a primary, with the
28    ballot arranged to include names of  the  candidates  of  the
29    party and public questions and other propositions to be voted
30    upon on the day of the primary election.
31        If  the  ballot  includes  both candidates for office and
32    public questions or propositions to be voted on, the election
33    official in charge of the election shall divide the ballot in
34    sections for "Candidates" and "Public Questions", or separate
 
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 1    ballots may be used.
 2        Any voter who spoils his or her ballot or makes an  error
 3    shall  be  provided  a  means  of  correcting  the  ballot or
 4    obtaining a new ballot prior to casting his or her ballot.

 5        (10 ILCS 5/24C-6.1 new)
 6        Sec. 24C-6.1. Security  designation.   In  all  elections
 7    conducted  under  this Article, ballots shall have a security
 8    designation.   In  precincts  where  more  than  one   ballot
 9    configuration  may  be  voted  upon,  ballots  shall  have  a
10    different security designation for each ballot configuration.
11    If a precinct has only one possible ballot configuration, the
12    ballots  must  have  a  security  designation to identify the
13    precinct and the election.  Where ballots from more than  one
14    precinct  are being tabulated, the ballots from each precinct
15    must be clearly identified; official  results  shall  not  be
16    generated unless the precinct identification for any precinct
17    corresponds.   The  Direct Recording Electronic Voting System
18    shall be  designed  to  ensure  that  the  proper  ballot  is
19    selected  for  each  polling place and that the format can be
20    matched to the software or firmware required to interpret  it
21    correctly.   The  system shall provide a means of programming
22    each piece of equipment to reflect the ballot requirements of
23    the election and shall include a  means  for  validating  the
24    correctness  of the program and of the program's installation
25    in the equipment or in a programmable memory device.

26        (10 ILCS 5/24C-7 new)
27        Sec. 24C-7. Write-in ballots.  Pursuant to administrative
28    rule of the State Board  of  Elections,  a  Direct  Recording
29    Electronic  Voting  System shall provide an acceptable method
30    for a voter to vote for a person whose name does  not  appear
31    on  the  ballot  using  the  same Direct Recording Electronic
32    Voting System used to record votes for candidates whose names
 
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 1    do appear on the ballot.

 2        (10 ILCS 5/24C-8 new)
 3        Sec. 24C-8. Preparation for use; comparison  of  ballots;
 4    operational  checks  of  Direct  Recording  Electronic Voting
 5    Systems  equipment;  pollwatchers.   The  election  authority
 6    shall cause the approved Direct Recording  Electronic  Voting
 7    System  equipment  to  be  delivered  to  the polling places.
 8    Before  the  opening  of  the  polls,  all  Direct  Recording
 9    Electronic Voting System  devices  shall  provide  a  printed
10    record   of   the   following,   upon   verification  of  the
11    authenticity of the commands by  a  judge  of  election:  the
12    election's   identification   data,   the   equipment's  unit
13    identification,  the  ballot's  format  identification,   the
14    contents  of  each active candidate register by office and of
15    each  active  public  question  register  showing  that  they
16    contain all zeros, all ballot fields  that  can  be  used  to
17    invoke  special  voting options, and other information needed
18    to ensure the readiness of the equipment, and to  accommodate
19    administrative reporting requirements.
20        The  Direct  Recording  Electronic  Voting  System  shall
21    provide  a  means for the election judges to open the polling
22    place and ready the equipment for  the  casting  of  ballots.
23    Those means shall incorporate a security seal, a password, or
24    a  data code recognition capability to prevent inadvertent or
25    unauthorized actuation of the poll-opening function.  If more
26    than one step is required, it shall enforce  their  execution
27    in the proper sequence.
28        Pollwatchers,  as  provided by law, shall be permitted to
29    closely  observe  the  judges  in  these  procedures  and  to
30    periodically inspect the Direct Recording  Electronic  Voting
31    System equipment when not in use by the voters.

32        (10 ILCS 5/24C-9 new)
 
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 1        Sec. 24C-9. Testing of Direct Recording Electronic Voting
 2    System  equipment  and  programs;  custody  of programs, test
 3    materials, and  ballots.   Prior  to  the  public  test,  the
 4    election authority shall conduct an errorless pre-test of the
 5    Direct  Recording  Electronic  Voting  System  equipment  and
 6    programs  to determine that they will correctly detect voting
 7    defects and count the votes cast  for  all  offices  and  all
 8    public  questions.   On any day not less than 5 days prior to
 9    the election day, the election authority shall publicly  test
10    the  Direct  Recording Electronic Voting System equipment and
11    programs to determine that  they  will  correctly  count  the
12    votes  cast  for  all  offices  and  on all public questions.
13    Public notice of the time and place  of  the  test  shall  be
14    given  at  least  48  hours before the test by publishing the
15    notice  in  one  or  more  newspapers  within  the   election
16    jurisdiction  of  the  election  authority, if a newspaper is
17    published in  that  jurisdiction.   If  a  newspaper  is  not
18    published  in that jurisdiction, notice shall be published in
19    a newspaper of  general  circulation  in  that  jurisdiction.
20    Timely written notice stating the date, time, and location of
21    the  public test shall also be provided to the State Board of
22    Elections.  The test shall be open to representatives of  the
23    political  parties,  the  press, representatives of the State
24    Board of  Elections,  and  the  public.  The  test  shall  be
25    conducted by entering a preaudited group of ballots marked to
26    record  a  predetermined  number  of  valid  votes  for  each
27    candidate  and on each public question, and shall include for
28    each office one or more ballots having  votes  exceeding  the
29    number  allowed  by law to test the ability of the electronic
30    tabulating equipment to reject the  votes.   The  test  shall
31    also include producing an edit listing.
32        The  State Board of Elections may select as many election
33    jurisdictions that the Board deems advisable in the interests
34    of the election process of this State to order a special test
 
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 1    of the electronic tabulating equipment and program before any
 2    regular election.  The Board may order a special test in  any
 3    election  jurisdiction where, during the preceding 12 months,
 4    computer programming errors or other errors in the use of the
 5    system resulted in vote tabulation errors.  Not less than  30
 6    days  before any election, the State Board of Elections shall
 7    provide written notice to those selected jurisdictions of its
 8    intent to conduct a test.  Within 5 days of  receipt  of  the
 9    State Board of Elections' written notice of intent to conduct
10    a  test,  the  selected  jurisdictions  shall  forward to the
11    principal office of the State Board of Elections  a  copy  of
12    all  specimen  ballots.   The State Board of Elections' tests
13    shall be conducted and completed not less than 2 days  before
14    the public test using testing materials supplied by the Board
15    and  under  the supervision of the Board, and the Board shall
16    reimburse the election authority for the reasonable  cost  of
17    computer time required to conduct the special test.  After an
18    errorless  test, materials used in the public test, including
19    the program, if  appropriate,  shall  be  sealed  and  remain
20    sealed  until  the test is run again on election day.  If any
21    error is detected, the cause of the error shall be determined
22    and corrected, and an errorless public  test  shall  be  made
23    before  the automatic tabulating equipment is approved.  Each
24    election authority shall file a sealed copy  of  each  tested
25    program  to  be  used  within its jurisdiction at an election
26    with the State Board of Elections before the election.    The
27    Board  shall  secure the program or programs of each election
28    jurisdiction so filed in its office for the 60 days following
29    the canvass and proclamation of  election  results.   At  the
30    expiration  of that time, if no election contest or appeal is
31    pending in an election jurisdiction, the Board  shall  return
32    the  sealed  program or programs to the election authority of
33    the jurisdiction. After the completion of the count, the test
34    shall be re-run using the same  program.   Immediately  after
 
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 1    the  re-run, all material used in testing the program and the
 2    programs shall be sealed and retained under  the  custody  of
 3    the  election  authority  for  a  period  of 60 days.  At the
 4    expiration of that time the election authority shall  destroy
 5    the  voted ballots, together with all unused ballots returned
 6    from the precincts, provided, that if any contest of election
 7    is pending at the time in which the ballots may  be  required
 8    as  evidence  and  the  election  authority has notice of the
 9    contest, the ballots shall not be destroyed until  after  the
10    contest  is  finally  determined.   If  the  use  of  back-up
11    equipment  becomes  necessary,  the same testing required for
12    the original equipment shall be conducted.

13        (10 ILCS 5/24C-10 new)
14        Sec. 24C-10.  Recording  of  votes  by  Direct  Recording
15    Electronic   Voting  Systems.  Whenever  a  Direct  Recording
16    Electronic Voting System is used to electronically record and
17    count the votes of ballots, the provisions  of  this  Section
18    shall  apply.   A  voter shall cast a proper vote on a ballot
19    pursuant to  the  instructions  provided  on  the  screen  or
20    labels.

21        (10 ILCS 5/24C-11 new)
22        Sec.  24C-11.  Functional  requirements.  The  functional
23    requirements  of  a Direct Recording Electronic Voting System
24    shall be specified by the administrative rules of  the  State
25    Board of Elections.

26        (10 ILCS 5/24C-12 new)
27        Sec.  24C-12.  Procedures  for  counting  and tallying of
28    ballots. In an election jurisdiction where a Direct Recording
29    Electronic Voting System is  used,  the  procedures  in  this
30    Section for counting and tallying the ballots shall apply.
31        Before  the opening of the polls, the judges of elections
 
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 1    shall assemble the voting equipment and devices and turn  the
 2    equipment  on.  The judges shall, if necessary, take steps to
 3    actuate  the  voting  devices  and  counting   equipment   by
 4    inserting  into  the equipment and voting devices appropriate
 5    electronic media containing passwords  and  data  codes  that
 6    will  select the proper ballot formats for that polling place
 7    and that will prevent inadvertent or  unauthorized  actuation
 8    of  the  poll-opening  function.   Before  voting  begins and
 9    before ballots are  entered  into  the  voting  devices,  the
10    judges  of election shall cause to be printed a record of the
11    following: (i) the election's identification data,  (ii)  the
12    device's  unit  identification,  (iii)  the  ballot's  format
13    identification,  (iv)  the  contents of each active candidate
14    register  by  office  and  of  each  active  public  question
15    register showing that they contain all zeros, (v) all  ballot
16    fields that can be used to invoke special voting options, and
17    (vi)  other information needed to ensure the readiness of the
18    equipment  and  to   accommodate   administrative   reporting
19    requirements.  The judges must also check to be sure that the
20    totals  are  all  zeros  in  the  counting columns and in the
21    public counter affixed to the voting devices.
22        After  the  judges  have  determined  that  a  person  is
23    qualified to vote, the judges shall enable a voting device to
24    be used by the voter and the proper ballot to which the voter
25    is entitled shall be selected.  The ballot may then  be  cast
26    by  the  voter by marking by appropriate means the designated
27    area of the  ballot  for  the  casting  of  a  vote  for  any
28    candidate  or  for  or against any public question. The voter
29    shall be able to vote for any and all candidates  and  public
30    measures  appearing  on  the  ballot  in any legal number and
31    combination and the voter shall be able to delete  or  change
32    his  or  her selections before the ballot is cast.  The voter
33    shall be able to select candidates whose names do not  appear
34    upon  the ballot for any office by following the instructions
 
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 1    provided on the screen or labels as many names of  candidates
 2    as the voter is entitled to select for each office.
 3        Upon  completing  his  or  her selection of candidates or
 4    public questions, the voter shall  signify  that  voting  has
 5    been  completed by activating the appropriate button, switch,
 6    or active area of the ballot screen associated  with  end  of
 7    voting.   Upon  activation, the voting system shall record an
 8    image of the completed ballot,  shall  increment  the  proper
 9    ballot  position  registers,  and  shall signify to the voter
10    that the ballot has been  cast.  The  voter  shall  exit  the
11    voting  station  and  the  voting  system  shall  prevent any
12    further attempt to vote until it has been re-activated by the
13    judges of election. If the voter fails to  cast  his  or  her
14    ballot  and  leaves  the polling place, 2 judges of election,
15    one from each of the 2 major political parties,  shall  spoil
16    the ballot.
17        Throughout the election day and before the closing of the
18    polls,  no person may check any vote totals for any candidate
19    or public question on the voting or counting equipment.
20        The precinct judges of election shall  check  the  public
21    register  to  determine whether the number of ballots counted
22    by the voting equipment agrees  with  the  number  of  voters
23    voting  as shown by the applications for ballot.  If the same
24    do not  agree,  the  judges  of  election  shall  immediately
25    contact  the  offices  of the election authority in charge of
26    the election for further  instructions.   If  the  number  of
27    ballots  counted  by  the  voting  equipment  agrees with the
28    number of voters voting  as  shown  by  the  application  for
29    ballot,  the  number  shall  be  listed  on the "Statement of
30    Ballots" form provided by the election authority.
31        The totals for all candidates and propositions  shall  be
32    tabulated and 4 copies of a "Certificate of Results" shall be
33    printed by the electronic tabulating equipment.  In addition,
34    one  copy  shall  be posted in a conspicuous place inside the
 
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 1    polling place and every effort shall be made by the judges of
 2    election to provide a copy for each authorized pollwatcher or
 3    other official authorized to be present in the polling  place
 4    to  observe  the counting of ballots. Additional copies shall
 5    be made available to pollwatchers, but in no case shall there
 6    be fewer than 4 chosen by lot by the judges of election.   In
 7    addition,  sufficient time shall be provided by the judges of
 8    election  to  the  pollwatchers  to  allow   them   to   copy
 9    information from the copy that has been posted.
10        If  instructed  by  the election authority, the judges of
11    election shall cause the tabulated returns to be  transmitted
12    electronically  to  the offices of the election authority via
13    modem or other electronic medium.
14        The  precinct  judges  of   election   shall   select   a
15    bi-partisan  team  of  2 judges, who shall immediately return
16    the ballots in a  sealed  container,  along  with  all  other
17    election   materials  and  equipment  as  instructed  by  the
18    election authority; provided,  however,  that  the  container
19    must  first  be  sealed  by the election judges with filament
20    tape or other  approved  sealing  devices  provided  for  the
21    purpose  in  a manner that the ballots cannot be removed from
22    the container without breaking the seal or filament tape  and
23    disturbing  any  signatures affixed by the election judges to
24    the container.  The election authority shall keep the  office
25    of   the   election  authority,  or  any  receiving  stations
26    designated by the authority, open for at least 12 consecutive
27    hours after the polls close or until the ballots and election
28    material  and  equipment,  as  instructed  by  the   election
29    authority,  from all precincts within the jurisdiction of the
30    election  authority  have  been  returned  to  the   election
31    authority.   Ballots  and  election  materials  and equipment
32    returned to the office of the election authority that are not
33    signed and sealed as required by law shall not be accepted by
34    the election authority until the judges returning the ballots
 
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 1    make and sign the necessary corrections.  Upon acceptance  of
 2    the  ballots  and  election  materials  and  equipment by the
 3    election authority, the judges returning  the  ballots  shall
 4    take  a  receipt signed by the election authority and stamped
 5    with the time and date of the return.   The  election  judges
 6    whose duty it is to return any ballots and election materials
 7    and  equipment  as  provided shall, in the event the ballots,
 8    materials, or equipment  cannot  be  found  when  needed,  on
 9    proper  request, produce the receipt that they are to take as
10    above provided.

11        (10 ILCS 5/24C-13 new)
12        Sec.  24C-13.  Counting   of   absentee   ballots.    All
13    jurisdictions   using   Direct  Recording  Electronic  Voting
14    Systems shall count absentee ballots at  the  office  of  the
15    election  authority.   The  provisions  of Sections 24A-9 and
16    24B-9 shall apply to the testing and notice requirements  for
17    central  count  tabulation equipment, including comparing the
18    signature on the ballot envelope with the  signature  of  the
19    voter  on  the permanent voter registration record card taken
20    from the master file; except that votes shall be recorded  by
21    precinct.
22        Any   election   authority   using   a  direct  recording
23    electronic voting system shall use  voting  systems  approved
24    for  use  under  Articles  16,  24A,  or  24B when conducting
25    absentee voting. The absentee ballots shall be  examined  and
26    processed  pursuant  to  Sections 19-9 and 20-9.  The results
27    shall be recorded by precinct and shall become  part  of  the
28    certificate of results.

29        (10 ILCS 5/24C-14 new)
30        Sec.  24C-14.  Tabulating  votes;  direction; presence of
31    public; computer operator's log and canvass.   The  procedure
32    for  tabulating  the votes by the Direct Recording Electronic
 
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 1    Voting System shall be under the direction  of  the  election
 2    authority and shall conform to the requirements of the Direct
 3    Recording    Electronic    Voting   System.      During   any
 4    election-related  activity   using   the   Direct   Recording
 5    Electronic  Voting  System  equipment, the election authority
 6    shall dedicate the equipment to vote processing to ensure the
 7    security and integrity of the system.
 8        A reasonable number of pollwatchers shall be admitted  to
 9    the  counting  location.   Persons may observe the tabulating
10    process at the discretion of the election authority; however,
11    at least one representative  of  each  established  political
12    party  and  authorized agents of the State Board of Elections
13    shall be permitted to observe this process at all times.   No
14    persons  except those employed and authorized for the purpose
15    shall touch any ballot, ballot box, return, or equipment.
16        The computer operator shall be designated by the election
17    authority and shall be sworn as  a  deputy  of  the  election
18    authority. In conducting the vote tabulation and canvass, the
19    computer operator must maintain a log which shall include the
20    following information:
21             (1)  alterations  made  to  programs associated with
22        the vote counting process;
23             (2)  if applicable, console messages relating to the
24        program  and  the  respective  responses  made   by   the
25        operator;
26             (3)  the  starting  time  for each precinct counted,
27        the number of ballots  counted  for  each  precinct,  any
28        equipment  problems  and,  insofar  as  practicable,  the
29        number   of  invalid  security  designations  encountered
30        during that count; and
31             (4)  changes  and  repairs  made  to  the  equipment
32        during the vote tabulation and canvass.
33        The  computer  operator's  log  and  canvass   shall   be
34    available for public inspection in the office of the election
 
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 1    authority  for a period of 60 days following the proclamation
 2    of election results.  A copy of the computer  operator's  log
 3    and  the  canvass  shall be transmitted to the State Board of
 4    Elections upon its request and at its expense.

 5        (10 ILCS 5/24C-15 new)
 6        Sec.  24C-15.  Official  return  of  precinct;  check  of
 7    totals; audit. The precinct  return  printed  by  the  Direct
 8    Recording Electronic Voting System tabulating equipment shall
 9    include  the  number  of  ballots  cast, ballots cast by each
10    political party for a primary election, and  votes  cast  for
11    each  candidate  and public question and shall constitute the
12    official return  of  each  precinct.    In  addition  to  the
13    precinct  return,  the  election  authority shall provide the
14    number of applications for  ballots  in  each  precinct,  the
15    total  number  of  ballots  counted in each precinct for each
16    political  subdivision  and  district,  and  the  number   of
17    registered  voters  in each precinct.  The election authority
18    shall check the totals shown by the precinct return  and,  if
19    there is an obvious discrepancy regarding the total number of
20    votes  cast  in any precinct, shall have the ballots for that
21    precinct audited to correct the return.  The  procedures  for
22    this audit shall apply prior to and after the proclamation is
23    completed;  however,  after  the proclamation of results, the
24    election authority must obtain a court order to unseal  voted
25    ballots  except for election contests and discovery recounts.
26    The certificate of results, that has been prepared and signed
27    by the judges of election in the polling  place  and  at  the
28    election  authority's  office  after  the  ballots  have been
29    tabulated, shall be the document  used  for  the  canvass  of
30    votes for the precinct.  Whenever a discrepancy exists during
31    the  canvass  of votes between the unofficial results and the
32    certificate of results,  or  whenever  a  discrepancy  exists
33    during  the  canvass  of  votes  between  the  certificate of
 
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 1    results and the set of totals reflected on the certificate of
 2    results, the ballots for that precinct shall  be  audited  to
 3    correct the return.
 4        Prior  to  the proclamation, the election authority shall
 5    test the voting devices and equipment in 5% of the  precincts
 6    within the election jurisdiction.  The precincts to be tested
 7    shall be selected after election day on a random basis by the
 8    State  Board  of  Elections,  so  that  every precinct in the
 9    election jurisdiction has an  equal  mathematical  chance  of
10    being selected.
11        The  test  shall  be  conducted  by entering a preaudited
12    group of ballots marked to record a predetermined  number  of
13    valid  votes  for each candidate and on each public question,
14    and shall include for each office one or  more  ballots  that
15    have votes in excess of the number allowed by law to test the
16    ability of the equipment to reject those votes.  If any error
17    is detected, the cause shall be determined and corrected, and
18    an  errorless  count  shall  be  made  prior  to the official
19    canvass and proclamation of election results.
20        The State Board of Elections, the  State's  Attorney  and
21    other  appropriate  law enforcement agencies, the chairman of
22    the county central committee of  each  established  political
23    party, and qualified civic organizations shall be given prior
24    written  notice  of the time and place of the test and may be
25    represented at the test.
26        The results of this re-tabulation shall be treated in the
27    same manner and have the same effect as the  results  of  the
28    discovery  procedures  set  forth  in  Section 22-9.1 of this
29    Code.  Upon completion of the test,  the  election  authority
30    shall  print a report showing the results of the test and any
31    errors encountered and the report shall be made available for
32    public inspection.

33        (10 ILCS 5/24C-15.01 new)
 
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 1        Sec. 24C-15.01. Transporting ballots to central  counting
 2    station;  container.   Upon  completion  of  the  tabulation,
 3    audit, or test of voting equipment, if the election authority
 4    so instructs, pursuant to Sections 24C-11 through 24C-15, the
 5    voting  equipment  and  ballots  from  each precinct shall be
 6    replaced in the container in which they were  transported  to
 7    the central counting station.  If the container is not a type
 8    that  may  be  securely  locked,  then each container, before
 9    being transferred from the counting station to storage, shall
10    be sealed with filament tape  wrapped  around  the  container
11    lengthwise  and  crosswise, at least twice each way, and in a
12    manner that the equipment and ballots cannot be removed  from
13    the container without breaking the tape.

14        (10 ILCS 5/24C-15.1 new)
15        Sec.  24C-15.1. Discovery recounts and election contests.
16    Discovery recounts and election contests shall  be  conducted
17    as otherwise provided for in this Code.  The Direct Recording
18    Electronic  Voting  System equipment shall be tested prior to
19    the discovery recount or  election  contest  as  provided  in
20    Section 24C-9 and then the official ballots shall be audited.
21        The  log  of  the  computer  operator  and  all materials
22    retained by  the  election  authority  in  relation  to  vote
23    tabulation  and  canvass  shall  be  made  available  for any
24    discovery recount or election contest.

25        (10 ILCS 5/24C-16 new)
26        Sec. 24C-16.  Approval  of  Direct  Recording  Electronic
27    Voting  Systems;  requisites.   The  State Board of Elections
28    shall approve all Direct Recording Electronic Voting  Systems
29    provided by this Article.
30        No  Direct  Recording  Electronic  Voting System shall be
31    approved unless it fulfills the following requirements:
32             (1)  It enables a voter to vote in absolute secrecy,
 
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 1        except in the case of voters who  receive  assistance  as
 2        provided in this Code.
 3             (2)  It  enables  each  voter to vote at an election
 4        for all persons and offices for whom and  for  which  the
 5        voter  is  lawfully entitled to vote, to vote for as many
 6        persons for an office as the voter is  entitled  to  vote
 7        for,  and to vote for or against any public question upon
 8        which the voter is entitled to vote, but no other.
 9             (3)  It will detect and  reject  all  votes  for  an
10        office  or upon a public question when the voter has cast
11        more votes for the office or  upon  the  public  question
12        than  he  or  she is entitled to cast; provided, however,
13        that it will inform a voter that the voter's  choices  as
14        recorded  on  the ballot for an office or public question
15        exceeds the number that the voter is entitled to vote for
16        on that office or public  question  and  will  offer  the
17        voter   an   opportunity  to  correct  the  error  before
18        rejecting the choices recorded on the voter's ballot.
19             (4)  It will enable each voter in primary  elections
20        to  vote  only  for the candidates of the political party
21        with  which  he  or  she  had  declared  affiliation  and
22        preclude the voter from voting for any candidate  of  any
23        other political party.
24             (5)  It  enables  a  voter  to  vote  a split ticket
25        selected in part from the nominees of one party, in  part
26        from  the  nominees  of  any or all parties, in part from
27        independent candidates, and in part of  candidates  whose
28        names are written in by the voter.
29             (6)  It enables a voter, at a Presidential election,
30        by  a  single  selection  to vote for the candidates of a
31        political party for Presidential electors.
32             (7)  It will prevent  anyone  voting  for  the  same
33        person more than once for the same office.
34             (8)  It  will  record and count accurately each vote
 
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 1        properly cast for or against any  candidate  and  for  or
 2        against  any  public question, including the names of all
 3        candidates whose names are written in by the voters.
 4             (9)  It  will  be  capable  of  merging   the   vote
 5        tabulation  results  produced  by  other  vote tabulation
 6        systems, if necessary.
 7             (10)  It  will  provide  a  means  for  sealing  and
 8        resealing the vote recording  devices  to  prevent  their
 9        unauthorized  use  and  to  prevent tampering with ballot
10        labels.
11             (11)  It will be suitably designed for  the  purpose
12        used, be durably constructed, and be designed for safety,
13        accuracy, and efficiency.
14             (12)  It  will  be designed to accommodate the needs
15        of elderly, handicapped, and disabled voters.
16             (13)  It will enable a voter to vote  for  a  person
17        whose name does not appear on the ballot.
18             (14)  It  will  be  designed  to  ensure  that  vote
19        recording devices or electronic tabulating equipment that
20        count  votes  at  the  precinct  will  not  be capable of
21        reporting vote totals before the close of the polls.
22             (15)  It will provide an audit trail.
23        The State Board of Elections is  authorized  to  withdraw
24    its  approval  of a Direct Recording Electronic Voting System
25    if the system fails to fulfill the above requirements.
26        No vendor, person, or other entity may  sell,  lease,  or
27    loan  a  Direct  Recording Electronic Voting System or system
28    component to any election jurisdiction unless the  system  or
29    system  component  is  first  approved  by the State Board of
30    Elections pursuant  to  this  Section.  The  State  Board  of
31    Elections  shall  not  accept  for testing or approval of any
32    system or system component that has not first been  evaluated
33    by  an  independent  testing  laboratory  or laboratories for
34    performance and reliability using the standards that may from
 
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 1    time to time be promulgated  by  the  United  States  Federal
 2    Election  Commission.   When  the  functional requirements of
 3    this Section are in conflict with the  standards  promulgated
 4    by  the  Federal  Election  Commission,  the standards of the
 5    Federal Election Commission shall govern.

 6        (10 ILCS 5/24C-17 new)
 7        Sec. 24C-17. Rules; number of voting booths.   The  State
 8    Board   of  Elections  may  make  reasonable  rules  for  the
 9    administration of this Article and may prescribe  the  number
10    of  voting  booths  required  for the various types of voting
11    systems.

12        (10 ILCS 5/24C-18 new)
13        Sec.  24C-18.  Specimen  ballots;  publication.   When  a
14    Direct  Recording  Electronic  Voting  System  is  used,  the
15    election authority shall cause to be published,  at  least  5
16    days  before  the  day  of  each  general and general primary
17    election, in 2 or more newspapers published in and  having  a
18    general circulation in the county, a true and legible copy of
19    the   specimen   ballot  containing  the  names  of  offices,
20    candidates, and public questions to be voted on, as  near  as
21    may be, in the form in which they will appear on the official
22    ballot  on  election  day.  A true legible copy may be in the
23    form of an actual size  ballot  and  shall  be  published  as
24    required  by  this  Section  if  distributed  in  2  or  more
25    newspapers  published and having a general circulation in the
26    county as an insert.  For each election prescribed in Article
27    2A of this Code, specimen ballots shall be made available for
28    public distribution and shall be supplied to  the  judges  of
29    election  for  posting  in  the  polling  place on the day of
30    election.   Notice   for   the   consolidated   primary   and
31    consolidated  elections shall be given as provided in Article
32    12.
 
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 1        (10 ILCS 5/24C-19 new)
 2        Sec. 24C-19. Additional method of  voting.  This  Article
 3    shall  be deemed to provide a method of voting in addition to
 4    the methods otherwise provided in this Code.

 5        (10 ILCS 5/24A-20 rep.)
 6        Section 10.  The Election Code is  amended  by  repealing
 7    Section 24A-20.

 8        Section  99.   Effective  date.  This Act takes effect on
 9    January 1, 2003. Effective January 1, 2003.
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State of Illinois 92nd General Assembly Legislation

State of Illinois
92^nd General Assembly
Legislation
