Public Act 094-1000
 
SB1445 Enrolled LRB094 10955 JAM 41540 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 4-50, 5-50, 6-100, 7-60, 9-9.5, 13-1, 13-2, 14-3.1,
17-9, 18-5, 18A-15, 19-2.1, 19-4, 19-8, 19-12.2, 19-13, 19-15,
19A-25.5, 19A-35, 19A-50, 19A-60, 20-2, 20-2.1, 20-2.2,
20-2.3, 20-4, 20-8, 20-15, 24-1, 24A-9, 24A-10, 24A-10.1,
24A-15, 24A-16, 24B-9, 24B-10, 24B-10.1, 24B-15, 24B-16,
24C-9, 24C-13, 24C-15, and 24C-16 and by adding Sections 1-9,
1A-35, 19-20, 19A-21, and 20-20 as follows:
 
    (10 ILCS 5/1-9 new)
    Sec. 1-9. Central counting of grace period, early,
absentee, and provisional ballots. Notwithstanding any
statutory provision to the contrary enacted before the
effective date of this amendatory Act of the 94th General
Assembly, all grace period ballots, early voting ballots,
absentee ballots, and provisional ballots to be counted shall
be delivered to and counted at an election authority's central
ballot counting location and not in precincts. References in
this Code enacted before the effective date of this amendatory
Act of the 94th General Assembly to delivery and counting of
grace period ballots, early voting ballots, absentee ballots,
or provisional ballots to or at a precinct polling place or to
the proper polling place shall be construed as references to
delivery and counting of those ballots to and at the election
authority's central ballot counting location.
 
    (10 ILCS 5/1A-35 new)
    Sec. 1A-35. Early and grace period voting education.
Subject to appropriation, the State Board of Elections must
develop and implement an educational program to inform the
public about early voting and grace period voting. The State
Board shall conduct the program beginning August 1, 2006, and
until the 2006 general election.
 
    (10 ILCS 5/4-50)
    Sec. 4-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 14th day
before the primary or election. During this grace period, an
unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
    If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. Grace period voting shall
be in a manner substantially similar to voting under Article
19.
    Within one day after a voter casts a grace period ballot,
the election authority shall transmit the voter's name, street
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The name of each person
issued a grace period ballot shall also be placed on the
appropriate precinct list of persons to whom absentee and early
ballots have been issued, for use as provided in Sections 17-9
and 18-5.
    A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 93-1082, eff. 7-1-05.)
 
    (10 ILCS 5/5-50)
    Sec. 5-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 14th day
before the primary or election. During this grace period, an
unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
     If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. Grace period voting shall
be in a manner substantially similar to voting under Article
19.
    Within one day after a voter casts a grace period ballot,
the election authority shall transmit the voter's name, street
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The name of each person
issued a grace period ballot shall also be placed on the
appropriate precinct list of persons to whom absentee and early
ballots have been issued, for use as provided in Sections 17-9
and 18-5.
    A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 93-1082, eff. 7-1-05.)
 
    (10 ILCS 5/6-100)
    Sec. 6-100. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 14th day
before the primary or election. During this grace period, an
unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
    If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. Grace period voting shall
be in a manner substantially similar to voting under Article
19.
    Within one day after a voter casts a grace period ballot,
the election authority shall transmit the voter's name, street
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The name of each person
issued a grace period ballot shall also be placed on the
appropriate precinct list of persons to whom absentee and early
ballots have been issued, for use as provided in Sections 17-9
and 18-5.
    A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 93-1082, eff. 7-1-05.)
 
    (10 ILCS 5/7-60)  (from Ch. 46, par. 7-60)
    Sec. 7-60. Not less than 67 days before the date of the
general election, the State Board of Elections shall certify to
the county clerks the names of each of the candidates who have
been nominated as shown by the proclamation of the State Board
of Elections as a canvassing board or who have been nominated
to fill a vacancy in nomination and direct the election
authority to place upon the official ballot for the general
election the names of such candidates in the same manner and in
the same order as shown upon the certification, except as
otherwise provided in this Section.
    Not less than 61 days before the date of the general
election, each county clerk shall certify the names of each of
the candidates for county offices who have been nominated as
shown by the proclamation of the county election authority or
who have been nominated to fill a vacancy in nomination and
declare that the names of such candidates for the respective
offices shall be placed upon the official ballot for the
general election in the same manner and in the same order as
shown upon the certification, except as otherwise provided by
this Section. Each county clerk shall place a copy of the
certification on file in his or her office and at the same time
issue to the State Board of Elections a copy of such
certification. In addition, each county clerk in whose county
there is a board of election commissioners shall, not less than
61 days before the date of the general election, issue to such
board a copy of the certification that has been filed in the
county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State
Board of Elections, with directions to the board of election
commissioners to place upon the official ballot for the general
election in that election jurisdiction the names of all
candidates that are listed on such certifications, in the same
manner and in the same order as shown upon such certifications,
except as otherwise provided in this Section.
    Whenever there are two or more persons nominated by the
same political party for multiple offices for any board, the
name of the candidate of such party receiving the highest
number of votes in the primary election as a candidate for such
office, as shown by the official election returns of the
primary, shall be certified first under the name of such
offices, and the names of the remaining candidates of such
party for such offices shall follow in the order of the number
of votes received by them respectively at the primary election
as shown by the official election results.
    No person who is shown by the final election authority's
proclamation to have been nominated or elected at the primary
as a write-in candidate shall have his or her name certified
unless such person shall have filed with the certifying office
or board within 10 days after the election authority's
proclamation a statement of candidacy pursuant to Section 7-10,
a statement pursuant to Section 7-10.1, and a receipt for the
filing of a statement of economic interests in relation to the
unit of government to which he or she has been elected or
nominated.
    Each county clerk and board of election commissioners shall
determine by a fair and impartial method of random selection
the order of placement of established political party
candidates for the general election ballot. Such determination
shall be made within 30 days following the canvass and
proclamation of the results of the general primary in the
office of the county clerk or board of election commissioners
and shall be open to the public. Seven days written notice of
the time and place of conducting such random selection shall be
given, by each such election authority, to the County Chairman
of each established political party, and to each organization
of citizens within the election jurisdiction which was
entitled, under this Article, at the next preceding election,
to have pollwatchers present on the day of election. Each
election authority shall post in a conspicuous, open and public
place, at the entrance of the election authority office, notice
of the time and place of such lottery. However, a board of
election commissioners may elect to place established
political party candidates on the general election ballot in
the same order determined by the county clerk of the county in
which the city under the jurisdiction of such board is located.
    Each certification shall indicate, where applicable, the
following:
    (1) The political party affiliation of the candidates for
the respective offices;
    (2) If there is to be more than one candidate elected to an
office from the State, political subdivision or district;
    (3) If the voter has the right to vote for more than one
candidate for an office;
    (4) The term of office, if a vacancy is to be filled for
less than a full term or if the offices to be filled in a
political subdivision are for different terms.
    The State Board of Elections or the county clerk, as the
case may be, shall issue an amended certification whenever it
is discovered that the original certification is in error.
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06;
revised 8-29-05.)
 
    (10 ILCS 5/9-9.5)
    Sec. 9-9.5. Disclosures in political communications.
    (a) Any political committee, organized under the Election
Code, that makes an expenditure for a pamphlet, circular,
handbill, Internet or telephone communication, radio,
television, or print advertisement, or other communication
directed at voters and mentioning the name of a candidate in
the next upcoming election shall ensure that the name of the
political committee paying for any part of the communication,
including, but not limited to, its preparation and
distribution, is identified clearly within the communication
as the payor. This subsection Section does not apply to items
that are too small to contain the required disclosure. Nothing
in this subsection Section shall require disclosure on any
telephone communication using random sampling or other
scientific survey methods to gauge public opinion for or
against any candidate or question of public policy.
    Whenever any vendor or other person provides any of the
services listed in this subsection Section, other than any
telephone communication using random sampling or other
scientific survey methods to gauge public opinion for or
against any candidate or question of public policy, the vendor
or person shall keep and maintain records showing the name and
address of the person who purchased or requested the services
and the amount paid for the services. The records required by
this subsection Section shall be kept for a period of one year
after the date upon which payment was received for the
services.
    (b) Any political committee, organized under this Code,
that makes an expenditure for a pamphlet, circular, handbill,
Internet or telephone communication, radio, television, or
print advertisement, or other communication directed at voters
and (i) mentioning the name of a candidate in the next upcoming
election, without that candidate's permission, and (ii)
advocating for or against a public policy position shall ensure
that the name of the political committee paying for any part of
the communication, including, but not limited to, its
preparation and distribution, is identified clearly within the
communication. Nothing in this subsection shall require
disclosure on any telephone communication using random
sampling or other scientific survey methods to gauge public
opinion for or against any candidate or question of public
policy.
    (c) A political committee organized under this Code shall
not make an expenditure for any unsolicited telephone call to
the line of a residential telephone customer in this State
using any method to block or otherwise circumvent that
customer's use of a caller identification service.
(Source: P.A. 93-615, eff. 11-19-03; 93-847, eff. 7-30-04;
94-645, eff. 8-22-05.)
 
    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
    Sec. 13-1. In counties not under township organization, the
county board of commissioners shall at its meeting in July May
in each even-numbered year appoint in each election precinct 5
capable and discreet persons meeting the qualifications of
Section 13-4 to be judges of election. Where neither voting
machines nor electronic, mechanical or electric voting systems
are used, the county board may, for any precinct with respect
to which the board considers such action necessary or desirable
in view of the number of voters, and shall for general
elections for any precinct containing more than 600 registered
voters, appoint in addition to the 5 judges of election a team
of 5 tally judges. In such precincts the judges of election
shall preside over the election during the hours the polls are
open, and the tally judges, with the assistance of the holdover
judges designated pursuant to Section 13-6.2, shall count the
vote after the closing of the polls. However, the County Board
of Commissioners may appoint 3 judges of election to serve in
lieu of the 5 judges of election otherwise required by this
Section to serve in any emergency referendum, or in any
odd-year regular election or in any special primary or special
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress or to
nominate candidates for such purpose. The tally judges shall
possess the same qualifications and shall be appointed in the
same manner and with the same division between political
parties as is provided for judges of election.
    In addition to such precinct judges, the county board of
commissioners shall appoint special panels of 3 judges each,
who shall possess the same qualifications and shall be
appointed in the same manner and with the same division between
political parties as is provided for other judges of election.
The number of such panels of judges required shall be
determined by regulations of the State Board of Elections which
shall base the required numbers of special panels on the number
of registered voters in the jurisdiction or the number of
absentee ballots voted at recent elections, or any combination
of such factors.
    Such appointment shall be confirmed by the court as
provided in Section 13-3 of this Article. No more than 3
persons of the same political party shall be appointed judges
of the same election precinct or election judge panel. The
appointment shall be made in the following manner: The county
board of commissioners shall select and approve 3 persons as
judges of election in each election precinct from a certified
list, furnished by the chairman of the County Central Committee
of the first leading political party in such precinct; and the
county board of commissioners shall also select and approve 2
persons as judges of election in each election precinct from a
certified list, furnished by the chairman of the County Central
Committee of the second leading political party. However, if
only 3 judges of election serve in each election precinct, no
more than 2 persons of the same political party shall be judges
of election in the same election precinct; and which political
party is entitled to 2 judges of election and which political
party is entitled to one judge of election shall be determined
in the same manner as set forth in the next two preceding
sentences with regard to 5 election judges in each precinct.
Such certified list shall be filed with the county clerk not
less than 10 days before the annual meeting of the county board
of commissioners. Such list shall be arranged according to
precincts. The chairman of each county central committee shall,
insofar as possible, list persons who reside within the
precinct in which they are to serve as judges. However, he may,
in his sole discretion, submit the names of persons who reside
outside the precinct but within the county embracing the
precinct in which they are to serve. He must, however, submit
the names of at least 2 residents of the precinct for each
precinct in which his party is to have 3 judges and must submit
the name of at least one resident of the precinct for each
precinct in which his party is to have 2 judges. The county
board of commissioners shall acknowledge in writing to each
county chairman the names of all persons submitted on such
certified list and the total number of persons listed thereon.
If no such list is filed or such list is incomplete (that is,
no names or an insufficient number of names are furnished for
certain election precincts), the county board of commissioners
shall make or complete such list from the names contained in
the supplemental list provided for in Section 13-1.1. The
election judges shall hold their office for 2 years from their
appointment, and until their successors are duly appointed in
the manner provided in this Act. The county board of
commissioners shall fill all vacancies in the office of judge
of election at any time in the manner provided in this Act.
(Source: P.A. 91-352, eff. 1-1-00.)
 
    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
    Sec. 13-2. In counties under the township organization the
county board shall at its meeting in July May in each
even-numbered year except in counties containing a population
of 3,000,000 inhabitants or over and except when such judges
are appointed by election commissioners, select in each
election precinct in the county, 5 capable and discreet persons
to be judges of election who shall possess the qualifications
required by this Act for such judges. Where neither voting
machines nor electronic, mechanical or electric voting systems
are used, the county board may, for any precinct with respect
to which the board considers such action necessary or desirable
in view of the number of voters, and shall for general
elections for any precinct containing more than 600 registered
voters, appoint in addition to the 5 judges of election a team
of 5 tally judges. In such precincts the judges of election
shall preside over the election during the hours the polls are
open, and the tally judges, with the assistance of the holdover
judges designated pursuant to Section 13-6.2, shall count the
vote after the closing of the polls. The tally judges shall
possess the same qualifications and shall be appointed in the
same manner and with the same division between political
parties as is provided for judges of election.
    However, the county board may appoint 3 judges of election
to serve in lieu of the 5 judges of election otherwise required
by this Section to serve in any emergency referendum, or in any
odd-year regular election or in any special primary or special
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress or to
nominate candidates for such purpose.
    In addition to such precinct judges, the county board shall
appoint special panels of 3 judges each, who shall possess the
same qualifications and shall be appointed in the same manner
and with the same division between political parties as is
provided for other judges of election. The number of such
panels of judges required shall be determined by regulations of
the State Board of Elections, which shall base the required
number of special panels on the number of registered voters in
the jurisdiction or the number of absentee ballots voted at
recent elections or any combination of such factors.
    No more than 3 persons of the same political party shall be
appointed judges in the same election district or undivided
precinct. The election of the judges of election in the various
election precincts shall be made in the following manner: The
county board shall select and approve 3 of the election judges
in each precinct from a certified list furnished by the
chairman of the County Central Committee of the first leading
political party in such election precinct and shall also select
and approve 2 judges of election in each election precinct from
a certified list furnished by the chairman of the County
Central Committee of the second leading political party in such
election precinct. However, if only 3 judges of election serve
in each election precinct, no more than 2 persons of the same
political party shall be judges of election in the same
election precinct; and which political party is entitled to 2
judges of election and which political party is entitled to one
judge of election shall be determined in the same manner as set
forth in the next two preceding sentences with regard to 5
election judges in each precinct. The respective County Central
Committee chairman shall notify the county board by June 1 of
each odd-numbered year immediately preceding the annual
meeting of the county board whether or not such certified list
will be filed by such chairman. Such list shall be arranged
according to precincts. The chairman of each county central
committee shall, insofar as possible, list persons who reside
within the precinct in which they are to serve as judges.
However, he may, in his sole discretion, submit the names of
persons who reside outside the precinct but within the county
embracing the precinct in which they are to serve. He must,
however, submit the names of at least 2 residents of the
precinct for each precinct in which his party is to have 3
judges and must submit the name of at least one resident of the
precinct for each precinct in which his party is to have 2
judges. Such certified list, if filed, shall be filed with the
county clerk not less than 20 days before the annual meeting of
the county board. The county board shall acknowledge in writing
to each county chairman the names of all persons submitted on
such certified list and the total number of persons listed
thereon. If no such list is filed or the list is incomplete
(that is, no names or an insufficient number of names are
furnished for certain election precincts), the county board
shall make or complete such list from the names contained in
the supplemental list provided for in Section 13-1.1. Provided,
further, that in any case where a township has been or shall be
redistricted, in whole or in part, subsequent to one general
election for Governor, and prior to the next, the judges of
election to be selected for all new or altered precincts shall
be selected in that one of the methods above detailed, which
shall be applicable according to the facts and circumstances of
the particular case, but the majority of such judges for each
such precinct shall be selected from the first leading
political party, and the minority judges from the second
leading political party. Provided, further, that in counties
having a population of 1,000,000 inhabitants or over the
selection of judges of election shall be made in the same
manner in all respects as in other counties, except that the
provisions relating to tally judges are inapplicable to such
counties and except that the county board shall meet during the
month of January for the purpose of making such selection and
the chairman of each county central committee shall notify the
county board by the preceding October 1 whether or not the
certified list will be filed. Such judges of election shall
hold their office for 2 years from their appointment and until
their successors are duly appointed in the manner provided in
this Act. The county board shall fill all vacancies in the
office of judges of elections at any time in the manner herein
provided.
    Such selections under this Section shall be confirmed by
the circuit court as provided in Section 13-3 of this Article.
(Source: P.A. 91-352, eff. 1-1-00.)
 
    (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
    Sec. 14-3.1. The board of election commissioners shall,
during the month of July May of each even-numbered year, select
for each election precinct within the jurisdiction of the board
5 persons to be judges of election who shall possess the
qualifications required by this Act for such judges. The
selection shall be made by a county board of election
commissioners in the following manner: the county board of
election commissioners shall select and approve 3 persons as
judges of election in each election precinct from a certified
list furnished by the chairman of the county central committee
of the first leading political party in that precinct; the
county board of election commissioners also shall select and
approve 2 persons as judges of election in each election
precinct from a certified list furnished by the chairman of the
county central committee of the second leading political party
in that precinct. The selection by a municipal board of
election commissioners shall be made in the following manner:
for each precinct, 3 judges shall be selected from one of the 2
leading political parties and the other 2 judges shall be
selected from the other leading political party; the parties
entitled to 3 and 2 judges, respectively, in the several
precincts shall be determined as provided in Section 14-4.
However, a Board of Election Commissioners may appoint three
judges of election to serve in lieu of the 5 judges of election
otherwise required by this Section to serve in any emergency
referendum, or in any odd-year regular election or in any
special primary or special election called for the purpose of
filling a vacancy in the office of representative in the United
States Congress or to nominate candidates for such purpose.
    If only 3 judges of election serve in each election
precinct, no more than 2 persons of the same political party
shall be judges of election in the same election precinct, and
which political party is entitled to 2 judges of election and
which political party is entitled to one judge of election
shall be determined as set forth in this Section for a county
board of election commissioners' selection of 5 election judges
in each precinct or in Section 14-4 for a municipal board of
election commissioners' selection of election judges in each
precinct, whichever is appropriate. In addition to such
precinct judges, the board of election commissioners shall
appoint special panels of 3 judges each, who shall possess the
same qualifications and shall be appointed in the same manner
and with the same division between political parties as is
provided for other judges of election. The number of such
panels of judges required shall be determined by regulation of
the State Board of Elections, which shall base the required
number of special panels on the number of registered voters in
the jurisdiction or the number of absentee ballots voted at
recent elections or any combination of such factors. A
municipal board of election commissioners shall make the
selections of persons qualified under Section 14-1 from
certified lists furnished by the chairman of the respective
county central committees of the 2 leading political parties.
Lists furnished by chairmen of county central committees under
this Section shall be arranged according to precincts. The
chairman of each county central committee shall, insofar as
possible, list persons who reside within the precinct in which
they are to serve as judges. However, he may, in his sole
discretion, submit the names of persons who reside outside the
precinct but within the county embracing the precinct in which
they are to serve. He must, however, submit the names of at
least 2 residents of the precinct for each precinct in which
his party is to have 3 judges and must submit the name of at
least one resident of the precinct for each precinct in which
his party is to have 2 judges. The board of election
commissioners shall no later than March 1 of each even-numbered
year notify the chairmen of the respective county central
committees of their responsibility to furnish such lists, and
each such chairman shall furnish the board of election
commissioners with the list for his party on or before May 1 of
each even-numbered year. The board of election commissioners
shall acknowledge in writing to each county chairman the names
of all persons submitted on such certified list and the total
number of persons listed thereon. If no such list is furnished
or if no names or an insufficient number of names are furnished
for certain precincts, the board of election commissioners
shall make or complete such list from the names contained in
the supplemental list provided for in Section 14-3.2. Judges of
election shall hold their office for 2 years from their
appointment and until their successors are duly appointed in
the manner herein provided. The board of election commissioners
shall, subject to the provisions of Section 14-3.2, fill all
vacancies in the office of judges of election at any time in
the manner herein provided.
    Such selections under this Section shall be confirmed by
the court as provided in Section 14-5.
(Source: P.A. 89-471, eff. 6-13-96.)
 
    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
    Sec. 17-9. Any person desiring to vote shall give his name
and, if required to do so, his residence to the judges of
election, one of whom shall thereupon announce the same in a
loud and distinct tone of voice, clear, and audible; the judges
of elections shall check each application for ballot against
the list of voters registered in that precinct to whom grace
period, absentee, or early ballots have been issued for that
election, which shall be provided by the election authority and
which list shall be available for inspection by pollwatchers. A
voter applying to vote in the precinct on election day whose
name appears on the list as having been issued a grace period,
an absentee, or early ballot shall not be permitted to vote in
the precinct, except that a voter to whom an absentee ballot
was issued may vote in the precinct if the voter submits to the
election judges that absentee ballot for cancellation. If the
voter is unable to submit the absentee ballot, it shall be
sufficient for the voter to submit to the election judges (i) a
portion of the absentee ballot if the absentee ballot was torn
or mutilated or (ii) an affidavit executed before the election
judges specifying that (A) the voter never received an absentee
ballot or (B) the voter completed and returned an absentee
ballot and was informed that the election authority did not
receive that absentee ballot. All applicable provisions of
Articles 4, 5 or 6 shall be complied with and if such name is
found on the register of voters by the officer having charge
thereof, he shall likewise repeat said name, and the voter
shall be allowed to enter within the proximity of the voting
booths, as above provided. One of the judges shall give the
voter one, and only one of each ballot to be voted at the
election, on the back of which ballots such judge shall indorse
his initials in such manner that they may be seen when each
such ballot is properly folded, and the voter's name shall be
immediately checked on the register list. In those election
jurisdictions where perforated ballot cards are utilized of the
type on which write-in votes can be cast above the perforation,
the election authority shall provide a space both above and
below the perforation for the judge's initials, and the judge
shall endorse his or her initials in both spaces. Whenever a
proposal for a constitutional amendment or for the calling of a
constitutional convention is to be voted upon at the election,
the separate blue ballot or ballots pertaining thereto shall,
when being handed to the voter, be placed on top of the other
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter. At all
elections, when a registry may be required, if the name of any
person so desiring to vote at such election is not found on the
register of voters, he or she shall not receive a ballot until
he or she shall have complied with the law prescribing the
manner and conditions of voting by unregistered voters. If any
person desiring to vote at any election shall be challenged, he
or she shall not receive a ballot until he or she shall have
established his right to vote in the manner provided
hereinafter; and if he or she shall be challenged after he has
received his ballot, he shall not be permitted to vote until he
or she has fully complied with such requirements of the law
upon being challenged. Besides the election officer, not more
than 2 voters in excess of the whole number of voting booths
provided shall be allowed within the proximity of the voting
booths at one time. The provisions of this Act, so far as they
require the registration of voters as a condition to their
being allowed to vote shall not apply to persons otherwise
entitled to vote, who are, at the time of the election, or at
any time within 60 days prior to such election have been
engaged in the military or naval service of the United States,
and who appear personally at the polling place on election day
and produce to the judges of election satisfactory evidence
thereof, but such persons, if otherwise qualified to vote,
shall be permitted to vote at such election without previous
registration.
    All such persons shall also make an affidavit which shall
be in substantially the following form:
State of Illinois,)
                  ) ss.
County of ........)
............... Precinct   .......... Ward
    I, ...., do solemnly swear (or affirm) that I am a citizen
of the United States, of the age of 18 years or over, and that
within the past 60 days prior to the date of this election at
which I am applying to vote, I have been engaged in the ....
(military or naval) service of the United States; and I am
qualified to vote under and by virtue of the Constitution and
laws of the State of Illinois, and that I am a legally
qualified voter of this precinct and ward except that I have,
because of such service, been unable to register as a voter;
that I now reside at .... (insert street and number, if any) in
this precinct and ward; that I have maintained a legal
residence in this precinct and ward for 30 days and in this
State 30 days next preceding this election.
.........................
    Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.

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

 
    All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6 months,
during which period such affidavits shall be deemed public
records and shall be freely open to examination as such.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
    Sec. 18-5. Any person desiring to vote and whose name is
found upon the register of voters by the person having charge
thereof, shall then be questioned by one of the judges as to
his nativity, his term of residence at present address,
precinct, State and United States, his age, whether naturalized
and if so the date of naturalization papers and court from
which secured, and he shall be asked to state his residence
when last previously registered and the date of the election
for which he then registered. The judges of elections shall
check each application for ballot against the list of voters
registered in that precinct to whom grace period, absentee, and
early ballots have been issued for that election, which shall
be provided by the election authority and which list shall be
available for inspection by pollwatchers. A voter applying to
vote in the precinct on election day whose name appears on the
list as having been issued a grace period, an absentee, or
early ballot shall not be permitted to vote in the precinct,
except that a voter to whom an absentee ballot was issued may
vote in the precinct if the voter submits to the election
judges that absentee ballot for cancellation. If the voter is
unable to submit the absentee ballot, it shall be sufficient
for the voter to submit to the election judges (i) a portion of
the absentee ballot if the absentee ballot was torn or
mutilated or (ii) an affidavit executed before the election
judges specifying that (A) the voter never received an absentee
ballot or (B) the voter completed and returned an absentee
ballot and was informed that the election authority did not
receive that absentee ballot. If such person so registered
shall be challenged as disqualified, the party challenging
shall assign his reasons therefor, and thereupon one of the
judges shall administer to him an oath to answer questions, and
if he shall take the oath he shall then be questioned by the
judge or judges touching such cause of challenge, and touching
any other cause of disqualification. And he may also be
questioned by the person challenging him in regard to his
qualifications and identity. But if a majority of the judges
are of the opinion that he is the person so registered and a
qualified voter, his vote shall then be received accordingly.
But if his vote be rejected by such judges, such person may
afterward produce and deliver an affidavit to such judges,
subscribed and sworn to by him before one of the judges, in
which it shall be stated how long he has resided in such
precinct, and state; that he is a citizen of the United States,
and is a duly qualified voter in such precinct, and that he is
the identical person so registered. In addition to such an
affidavit, the person so challenged shall provide to the judges
of election proof of residence by producing 2 forms of
identification showing the person's current residence address,
provided that such identification to the person at his current
residence address and postmarked not earlier than 30 days prior
to the date of the election, or the person shall procure a
witness personally known to the judges of election, and
resident in the precinct (or district), or who shall be proved
by some legal voter of such precinct or district, known to the
judges to be such, who shall take the oath following, viz:
    I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
    The oath in each case may be administered by one of the
judges of election, or by any officer, resident in the precinct
or district, authorized by law to administer oaths. Also
supported by an affidavit by a registered voter residing in
such precinct, stating his own residence, and that he knows
such person; and that he does reside at the place mentioned and
has resided in such precinct and state for the length of time
as stated by such person, which shall be subscribed and sworn
to in the same way. Whereupon the vote of such person shall be
received, and entered as other votes. But such judges, having
charge of such registers, shall state in their respective books
the facts in such case, and the affidavits, so delivered to the
judges, shall be preserved and returned to the office of the
commissioners of election. Blank affidavits of the character
aforesaid shall be sent out to the judges of all the precincts,
and the judges of election shall furnish the same on demand and
administer the oaths without criticism. Such oaths, if
administered by any other officer than such judge of election,
shall not be received. Whenever a proposal for a constitutional
amendment or for the calling of a constitutional convention is
to be voted upon at the election, the separate blue ballot or
ballots pertaining thereto shall be placed on top of the other
ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section
16-6 of this Act, shall be plainly visible to the voter, and in
this fashion the ballots shall be handed to the voter by the
judge.
    The voter shall, upon quitting the voting booth, deliver to
one of the judges of election all of the ballots, properly
folded, which he received. The judge of election to whom the
voter delivers his ballots shall not accept the same unless all
of the ballots given to the voter are returned by him. If a
voter delivers less than all of the ballots given to him, the
judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the
voter is not required to vote such remaining ballots but that
whether or not he votes them he must fold and deliver them to
the judge. In making such statement the judge of election shall
not indicate by word, gesture or intonation of voice that the
unreturned ballots shall be voted in any particular manner. No
new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots
received by him until such voter has returned to the voting
booth pursuant to the judge's request and again quit the booth
with all of the ballots required to be returned by him. Upon
receipt of all such ballots the judges of election shall enter
the name of the voter, and his number, as above provided in
this Section, and the judge to whom the ballots are delivered
shall immediately put the ballots into the ballot box. If any
voter who has failed to deliver all the ballots received by him
refuses to return to the voting booth after being advised by
the judge of election as herein provided, the judge shall
inform the other judges of such refusal, and thereupon the
ballot or ballots returned to the judge shall be deposited in
the ballot box, the voter shall be permitted to depart from the
polling place, and a new voter shall be permitted to enter the
voting booth.
    The judge of election who receives the ballot or ballots
from the voter shall announce the residence and name of such
voter in a loud voice. The judge shall put the ballot or
ballots received from the voter into the ballot box in the
presence of the voter and the judges of election, and in plain
view of the public. The judges having charge of such registers
shall then, in a column prepared thereon, in the same line of,
the name of the voter, mark "Voted" or the letter "V".
    No judge of election shall accept from any voter less than
the full number of ballots received by such voter without first
advising the voter in the manner above provided of the
necessity of returning all of the ballots, nor shall any such
judge advise such voter in a manner contrary to that which is
herein permitted, or in any other manner violate the provisions
of this Section; provided, that the acceptance by a judge of
election of less than the full number of ballots delivered to a
voter who refuses to return to the voting booth after being
properly advised by such judge shall not be a violation of this
Section.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/18A-15)
    Sec. 18A-15. Validating and counting provisional ballots.
    (a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.
The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,
its final canvass of the vote for all public offices.
    (b) If a county clerk or board of election commissioners
determines that all of the following apply, then a provisional
ballot is valid and shall be counted as a vote:
        (1) The provisional voter cast the provisional ballot
    in the correct precinct based on the address provided by
    the provisional voter. The provisional voter's affidavit
    shall serve as a change of address request by that voter
    for registration purposes for the next ensuing election if
    it bears an address different from that in the records of
    the election authority;
        (2) The affidavit executed by the provisional voter
    pursuant to subsection (b)(2) of Section 18A-5 contains, at
    a minimum, the provisional voter's first and last name,
    house number and street name, and signature or mark; and
        (3) the provisional voter is a registered voter based
    on information available to the county clerk or board of
    election commissioners provided by or obtained from any of
    the following:
            i. the provisional voter;
            ii. an election judge;
            iii. the statewide voter registration database
        maintained by the State Board of Elections;
            iv. the records of the county clerk or board of
        election commissioners' database; or
            v. the records of the Secretary of State.
    (c) With respect to subsection (b)(3) of this Section, the
county clerk or board of election commissioners shall
investigate and record whether or not the specified information
is available from each of the 5 identified sources. If the
information is available from one or more of the identified
sources, then the county clerk or board of election
commissioners shall seek to obtain the information from each of
those sources until satisfied, with information from at least
one of those sources, that the provisional voter is registered
and entitled to vote. The county clerk or board of election
commissioners shall use any information it obtains as the basis
for determining the voter registration status of the
provisional voter. If a conflict exists among the information
available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election commissioners
shall make a determination based on the totality of the
circumstances. In a case where the above information equally
supports or opposes the registration status of the voter, the
county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to
vote. If the statewide voter registration database maintained
by the State Board of Elections indicates that the provisional
voter is registered to vote, but the county clerk's or board of
election commissioners' voter registration database indicates
that the provisional voter is not registered to vote, then the
information found in the statewide voter registration database
shall control the matter and the provisional voter shall be
deemed to be registered to vote. If the records of the county
clerk or board of election commissioners indicates that the
provisional voter is registered to vote, but the statewide
voter registration database maintained by the State Board of
Elections indicates that the provisional voter is not
registered to vote, then the information found in the records
of the county clerk or board of election commissioners shall
control the matter and the provisional voter shall be deemed to
be registered to vote. If the provisional voter's signature on
his or her provisional ballot request varies from the signature
on an otherwise valid registration application solely because
of the substitution of initials for the first or middle name,
the election authority may not reject the provisional ballot.
    (d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter to
complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the
information already submitted by the provisional voter. The
provisional voter may, within 2 calendar days after the
election, submit additional information to the county clerk or
board of election commissioners. This information must be
received by the county clerk or board of election commissioners
within the 2-calendar-day period.
    (e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
    (f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this
Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
    (g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The provisional
ballots determined to be valid shall be added to the vote
totals for the precincts from which they were cast in the order
in which the ballots were opened. The county clerk or board of
election commissioners may, in the alternative, create a
separate provisional-voter precinct for the purpose of
counting and recording provisional ballots and adding the
recorded votes to its official canvass. The validation and
counting of provisional ballots shall be subject to the
provisions of this Code that apply to pollwatchers. If the
provisional ballots are a ballot of a punch card voting system,
then the provisional ballot shall be counted in a manner
consistent with Article 24A. If the provisional ballots are a
ballot of optical scan or other type of approved electronic
voting system, then the provisional ballots shall be counted in
a manner consistent with Article 24B.
    (h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted or
spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote
shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure
and seal it in the same manner as described in item (6) of
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election official"
means the county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
    Sec. 19-2.1. At the consolidated primary, general primary,
consolidated, and general elections, electors entitled to vote
by absentee ballot under the provisions of Section 19-1 may
vote in person at the office of the municipal clerk, if the
elector is a resident of a municipality not having a board of
election commissioners, or at the office of the township clerk
or, in counties not under township organization, at the office
of the road district clerk if the elector is not a resident of
a municipality; provided, in each case that the municipal,
township or road district clerk, as the case may be, is
authorized to conduct in-person absentee voting pursuant to
this Section. Absentee voting in such municipal and township
clerk's offices under this Section shall be conducted from the
22nd day through the day before the election.
    Municipal and township clerks (or road district clerks) who
have regularly scheduled working hours at regularly designated
offices other than a place of residence and whose offices are
open for business during the same hours as the office of the
election authority shall conduct in-person absentee voting for
said elections. Municipal and township clerks (or road district
clerks) who have no regularly scheduled working hours but who
have regularly designated offices other than a place of
residence shall conduct in-person absentee voting for said
elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
Saturdays, but not during such hours as the office of the
election authority is closed, unless the clerk files a written
waiver with the election authority not later than July 1 of
each year stating that he or she is unable to conduct such
voting and the reasons therefor. Such clerks who conduct
in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's
office is open. Municipal and township clerks (or road district
clerks) who have no regularly scheduled office hours and no
regularly designated offices other than a place of residence
may not conduct in-person absentee voting for said elections.
The election authority may devise alternative methods for
in-person absentee voting before said elections for those
precincts located within the territorial area of a municipality
or township (or road district) wherein the clerk of such
municipality or township (or road district) has waived or is
not entitled to conduct such voting. In addition, electors may
vote by absentee ballot under the provisions of Section 19-1 at
the office of the election authority having jurisdiction over
their residence. Unless specifically authorized by the
election authority, municipal, township, and road district
clerks shall not conduct in-person absentee voting. No less
than 45 days before the date of an election, the election
authority shall notify the municipal, township, and road
district clerks within its jurisdiction if they are to conduct
in-person absentee voting. Election authorities, however, may
conduct in-person absentee voting in one or more designated
appropriate public buildings from the fourth day before the
election through the day before the election.
    In conducting in-person absentee voting under this
Section, the respective clerks shall not be required to verify
the signature of the absentee voter by comparison with the
signature on the official registration record card. The
However, the clerk also shall reasonably ascertain the identity
of such applicant, shall verify that each such applicant is a
registered voter, and shall verify the precinct in which he or
she is registered and the proper ballots of the political
subdivisions in which the applicant resides and is entitled to
vote, prior to providing any absentee ballot to such applicant.
The clerk shall verify the applicant's registration and from
the most recent poll list provided by the county clerk, and if
the applicant is not listed on that poll list then by
telephoning the office of the county clerk.
    Absentee voting procedures in the office of the municipal,
township and road district clerks shall be subject to all of
the applicable provisions of this Article 19. Pollwatchers may
be appointed to observe in-person absentee voting procedures
and view all reasonably requested records relating to the
conduct of the election, provided the secrecy of the ballot is
not impinged, at the office of the municipal, township or road
district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except
each candidate, political party or organization of citizens may
appoint only one pollwatcher for each location where in-person
absentee voting is conducted. Pollwatchers must be registered
to vote in Illinois and possess valid pollwatcher credentials.
All requirements in this Article applicable to election
authorities shall apply to the respective local clerks, except
where inconsistent with this Section.
    The sealed absentee ballots in their carrier envelope shall
be delivered by the respective clerks, or by the election
authority on behalf of a clerk if the clerk and the election
authority agree, to the election authority's central ballot
counting location proper polling place before the close of the
polls on the day of the general primary, consolidated primary,
consolidated, or general election.
    Not more than 23 days before the nonpartisan, general and
consolidated elections, the county clerk shall make available
to those municipal, township and road district clerks
conducting in-person absentee voting within such county, a
sufficient number of applications, absentee ballots,
envelopes, and printed voting instruction slips for use by
absentee voters in the offices of such clerks. The respective
clerks shall receipt for all ballots received, shall return all
unused or spoiled ballots to the county clerk on the day of the
election and shall strictly account for all ballots received.
    The ballots delivered to the respective clerks shall
include absentee ballots for each precinct in the municipality,
township or road district, or shall include such separate
ballots for each political subdivision conducting an election
of officers or a referendum on that election day as will permit
any resident of the municipality, township or road district to
vote absentee in the office of the proper clerk.
    The clerks of all municipalities, townships and road
districts may distribute applications for absentee ballot for
the use of voters who wish to mail such applications to the
appropriate election authority. Such applications for absentee
ballots shall be made on forms provided by the election
authority. Duplication of such forms by the municipal, township
or road district clerk is prohibited.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
    Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to such
election, or by personal delivery not more than 40 days nor
less than one day prior to such election, at the office of such
election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not
such applicant is lawfully entitled to vote as requested,
including a verification of the applicant's signature by
comparison with the signature on the official registration
record card, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting
permission therefor. Within one business day after posting the
name and other information of an applicant for an absentee
ballot, the election authority shall transmit that name and
other posted information to the State Board of Elections, which
shall maintain those names and other information in an
electronic format on its website, arranged by county and
accessible to State and local political committees. Within 2
business days after posting a name and other information on the
list within its office, the election authority shall mail,
postage prepaid, or deliver in person in such office an
official ballot or ballots if more than one are to be voted at
said election. Mail delivery of Temporarily Absent Student
ballot applications pursuant to Section 19-12.3 shall be by
nonforwardable mail. However, for the consolidated election,
absentee ballots for certain precincts may be delivered to
applicants not less than 25 days before the election if so much
time is required to have prepared and printed the ballots
containing the names of persons nominated for offices at the
consolidated primary. The election authority shall enclose
with each absentee ballot or application written instructions
on how voting assistance shall be provided pursuant to Section
17-14 and a document, written and approved by the State Board
of Elections, enumerating the circumstances under which a
person is authorized to vote by absentee ballot pursuant to
this Article; such document shall also include a statement
informing the applicant that if he or she falsifies or is
solicited by another to falsify his or her eligibility to cast
an absentee ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list of
the name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
    Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
    Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail for absentee ballots, each
election authority shall mail to each other election authority
within the State a certified list of all such voters
temporarily abiding within the jurisdiction of the other
election authority.
    In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
within the jurisdiction of the election authority, and the
applicant is a registered voter in the precinct in which such
facility is located, the ballots shall be prepared and
transmitted to a responsible judge of election no later than 9
a.m. on the Saturday, Sunday or Monday immediately preceding
the election as designated by the election authority under
Section 19-12.2. Such judge shall deliver in person on the
designated day the ballot to the applicant on the premises of
the facility from which application was made. The election
authority shall by mail notify the applicant in such facility
that the ballot will be delivered by a judge of election on the
designated day.
    All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
    Sec. 19-8. Time and place of counting ballots.
    (a) (Blank.) Each absent voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority in time to be delivered
to the polling place of the precinct where the elector resides
and to be counted by the judges of election at that polling
place shall be handled in accordance with this subsection. If
an absent voter's ballot is received prior to the delivery of
the official ballots to the judges of election of the precinct
where the elector resides, then the absent voter's ballot
envelope and application, sealed in the carrier envelope, shall
be enclosed in the same package with the official ballots and
delivered to the judges of that precinct. If the official
ballots for that precinct have already been delivered to the
judges of election when the election authority receives the
absent voter's ballot, then the authority shall immediately
enclose the envelope containing the absent voter's ballot,
together with the voter's application, in a larger or carrier
envelope which shall be securely sealed and addressed on the
face to the judges of election, giving the name or number of
precinct, street and number of polling place, city or town in
which the absent voter is a qualified elector, and the words
"This envelope contains an absent voter's ballot and must be
opened only on election day at the polls immediately after the
polls are closed". The election authority shall mail the
ballot, postage prepaid, to the judges of election, or if more
convenient, the election authority may deliver the absent
voter's ballot to the judges of election in person or by duly
deputized agent, the authority to secure a receipt for delivery
of the ballot or ballots. An absent voter's ballot delivered in
error to the wrong precinct polling place shall be returned to
the election authority and counted as provided in subsection
(b).
    (b) Each absent voter's ballot returned to an election
authority, by any means authorized by this Article, and
received by that election authority before the closing of the
polls on election day but too late to be delivered to and
counted at the proper precinct polling place shall be endorsed
by the receiving election authority with the day and hour of
receipt and shall be counted in the central ballot counting
location office of the election authority on the day of the
election after 7:00 p.m., except as provided in subsections (g)
and (g-5).
    (c) Each absent voter's ballot that is mailed to an
election authority and postmarked by the midnight preceding the
opening of the polls on election day, but that is received by
the election authority after the polls close on election day
and before the close of the period for counting provisional
ballots cast at that election, shall be endorsed by the
receiving authority with the day and hour of receipt and shall
be counted at the central ballot counting location office of
the election authority during the period for counting
provisional ballots.
    (d) Special write-in absentee voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location office of the election authority during the
same period provided for counting absent voters' ballots under
subsections subsection (b), (g), and (g-5). Special write-in
absentee voter's blank ballots that are mailed to an election
authority and postmarked by the midnight preceding the opening
of the polls on election day, but that are received by the
election authority after the polls close on election day and
before the closing of the period for counting provisional
ballots cast at that election, shall be endorsed by the
receiving authority with the day and hour of receipt and shall
be counted at the central ballot counting location office of
the election authority during the same periods provided for
counting absent voters' ballots under subsection (c).
    (e) Except as otherwise provided in this Section, absent
voters' ballots and special write-in absentee voter's blank
ballots received by the election authority after the closing of
the polls on an election day shall be endorsed by the election
authority receiving them with the day and hour of receipt and
shall be safely kept unopened by the election authority for the
period of time required for the preservation of ballots used at
the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.
    (f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all absent voters'
ballots and special write-in absentee voter's blank ballots
required to be counted on election day have been counted.
    (g) The procedures set forth in Section 19-9 of this Act
and Articles 17 and 18 of this Code shall apply to all ballots
counted under this Section. In addition, within 2 days after an
absentee ballot, other than an in-person absentee ballot, is
received, but in all cases before the close of the period for
counting provisional ballots, the election judge or official
shall compare the voter's signature on the certification
envelope of that absentee ballot with the signature of the
voter on file in the office of the election authority. If the
election judge or official determines that the 2 signatures
match, and that the absentee voter is otherwise qualified to
cast an absentee ballot, the election authority shall cast and
count the ballot on election day or the day the ballot is
determined to be valid, whichever is later, adding the results
to the precinct in which the voter is registered. If the
election judge or official determines that the signatures do
not match, or that the absentee voter is not qualified to cast
an absentee ballot, then without opening the certification
envelope, the judge or official shall mark across the face of
the certification envelope the word "Rejected" and shall not
cast or count the ballot.
    In addition to the voter's signatures not matching, an
absentee ballot may be rejected by the election judge or
official:
        (1) if the ballot envelope is open or has been opened
    and resealed;
        (2) if the voter has already cast an early or grace
    period ballot;
        (3) if the voter voted in person on election day or the
    voter is not a duly registered voter in the precinct; or
        (4) on any other basis set forth in this Code.
    If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot. , including comparing the
signature on the ballot envelope with the signature of the
voter on the permanent voter registration record card taken
from the master file; except that votes shall be recorded
without regard to precinct designation, except for precinct
offices.
    (g-5) If an absentee ballot, other than an in-person
absentee ballot, is rejected by the election judge or official
for any reason, the election authority shall, within 2 days
after the rejection but in all cases before the close of the
period for counting provisional ballots, notify the absentee
voter that his or her ballot was rejected. The notice shall
inform the voter of the reason or reasons the ballot was
rejected and shall state that the voter may appear before the
election authority, on or before the 14th day after the
election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election
authority supporting his or her contention that the ballot
should be counted. The election authority shall appoint a panel
of 3 election judges to review the contested ballot,
application, and certification envelope, as well as any
evidence submitted by the absentee voter. No more than 2
election judges on the reviewing panel shall be of the same
political party. The reviewing panel of election judges shall
make a final determination as to the validity of the contested
absentee ballot. The judges' determination shall not be
reviewable either administratively or judicially.
    An absentee ballot subject to this subsection that is
determined to be valid shall be counted before the close of the
period for counting provisional ballots.
    (g-10) All absentee ballots determined to be valid shall be
added to the vote totals for the precincts for which they were
cast in the order in which the ballots were opened.
    (h) Each Where ballots are counted in the office of the
election authority as provided in this Section, each political
party, candidate, and qualified civic organization shall be
entitled to have present one pollwatcher for each panel of
election judges therein assigned.
(Source: P.A. 94-557, eff. 8-12-05.)
 
    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
    Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of facilities licensed or certified
pursuant to the Nursing Home Care Act for the sole benefit of
residents of such facilities. Such voting shall be conducted
during any continuous period sufficient to allow all applicants
to cast their ballots between the hours of 9 a.m. and 7 p.m.
either on the Friday, Saturday, Sunday or Monday immediately
preceding the regular election. This absentee voting on one of
said days designated by the election authority shall be
supervised by two election judges who must be selected by the
election authority in the following order of priority: (1) from
the panel of judges appointed for the precinct in which such
facility is located, or from a panel of judges appointed for
any other precinct within the jurisdiction of the election
authority in the same ward or township, as the case may be, in
which the facility is located or, only in the case where a
judge or judges from the precinct, township or ward are
unavailable to serve, (3) from a panel of judges appointed for
any other precinct within the jurisdiction of the election
authority. The two judges shall be from different political
parties. Not less than 30 days before each regular election,
the election authority shall have arranged with the chief
administrative officer of each facility in his or its election
jurisdiction a mutually convenient time period on the Friday,
Saturday, Sunday or Monday immediately preceding the election
for such voting on the premises of the facility and shall post
in a prominent place in his or its office a notice of the
agreed day and time period for conducting such voting at each
facility; provided that the election authority shall not later
than noon on the Thursday before the election also post the
names and addresses of those facilities from which no
applications were received and in which no supervised absentee
voting will be conducted. All provisions of this Code
applicable to pollwatchers shall be applicable herein. To the
maximum extent feasible, voting booths or screens shall be
provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that
ballots shall be treated as absentee ballots and shall not be
counted until the close of the polls on the following day.
After the last voter has concluded voting, the judges shall
seal the ballots in an envelope and affix their signatures
across the flap of the envelope. Immediately thereafter, the
judges shall bring the sealed envelope to the office of the
election authority who shall deliver such ballots to the
election authority's central ballot counting location proper
precinct polling places prior to the closing of the polls on
the day of election. Provided, that the election authority may
arrange for the judges who conduct such voting on the Monday
before the election to deliver the sealed envelope directly to
the proper precinct polling place on the day of election and
shall announce such procedure in the 30 day notice heretofore
prescribed. The judges of election shall also report to the
election authority the name of any applicant in the facility
who, due to unforeseen circumstance or condition or because of
a religious holiday, was unable to vote. In this event, the
election authority may appoint a qualified person from his or
its staff to deliver the ballot to such applicant on the day of
election. This staff person shall follow the same procedures
prescribed for judges conducting absentee voting in such
facilities and ; but shall return the ballot to the central
ballot counting location proper precinct polling place before
the polls close. However, if the facility from which the
application was made is also used as a regular precinct polling
place for that voter, voting procedures heretofore prescribed
may be implemented by 2 of the election judges of opposite
party affiliation assigned to that polling place during the
hours of voting on the day of the election. Judges of election
shall be compensated not less than $25.00 for conducting
absentee voting in such facilities.
    Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, and shall indicate the
approved bed capacity and the name of the chief administrative
officer of each such facility, and the State Board of Elections
shall certify the same to the appropriate election authority
within 20 days thereafter.
(Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)
 
    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
    Sec. 19-13. Any qualified voter who has been admitted to a
hospital, nursing home, or rehabilitation center due to an
illness or physical injury not more than 5 days before an
election shall be entitled to personal delivery of an absentee
ballot in the hospital, nursing home, or rehabilitation center
subject to the following conditions:
    (1) The voter completes the Application for Physically
Incapacitated Elector as provided in Section 19-3, stating as
reasons therein that he is a patient in ............... (name
of hospital/home/center), ............... located at,
............... (address of hospital/home/center),
............... (county, city/village), was admitted for
............... (nature of illness or physical injury), on
............... (date of admission), and does not expect to be
released from the hospital/home/center on or before the day of
election.
    (2) The voter's physician completes a Certificate of
Attending Physician in a form substantially as follows:
CERTIFICATE OF ATTENDING PHYSICIAN
    I state that I am a physician, duly licensed to practice in
the State of .........; that .......... is a patient in
.......... (name of hospital/home/center), located at
............. (address of hospital/home/center),
................. (county, city/village); that such individual
was admitted for ............. (nature of illness or physical
injury), on ............ (date of admission); and that I have
examined such individual in the State in which I am licensed to
practice medicine and do not expect such individual to be
released from the hospital/home/center on or before the day of
election.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
(Signature) ...............
(Date licensed) ............
    (3) Any person who is registered to vote in the same
precinct as the admitted voter or any legal relative of the
admitted voter may present such voter's absentee ballot
application, completed as prescribed in paragraph 1,
accompanied by the physician's certificate, completed as
prescribed in paragraph 2, to the election authority. Such
precinct voter or relative shall execute and sign an affidavit
furnished by the election authority attesting that he is a
registered voter in the same precinct as the admitted voter or
that he is a legal relative of the admitted voter and stating
the nature of the relationship. Such precinct voter or relative
shall further attest that he has been authorized by the
admitted voter to obtain his absentee ballot from the election
authority and deliver such ballot to him in the hospital, home,
or center.
    Upon receipt of the admitted voter's application,
physician's certificate, and the affidavit of the precinct
voter or the relative, the election authority shall examine the
registration records to determine if the applicant is qualified
to vote and, if found to be qualified, shall provide the
precinct voter or the relative the absentee ballot for delivery
to the applicant in the hospital, home, or center.
    Upon receipt of the absentee ballot, the admitted voter
shall mark the ballot in secret and subscribe to the
certifications on the absentee ballot return envelope. After
depositing the ballot in the return envelope and securely
sealing the envelope, such voter shall give the envelope to the
precinct voter or the relative who shall deliver it to the
election authority in sufficient time for the ballot to be
delivered by the election authority to the election authority's
central ballot counting location proper precinct polling place
before 7 p.m. on election day.
    Upon receipt of the admitted voter's absentee ballot, the
ballot shall be counted in the manner prescribed in this
Article Section 19-9.
(Source: P.A. 94-18, eff. 6-14-05.)
 
    (10 ILCS 5/19-15)
    Sec. 19-15. Precinct tabulation optical scan technology
voting equipment.
    If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant
to Article 24B of this Code, and the provisions of the Article
are in conflict with the provisions of this Article 19, the
provisions of Article 24B shall govern the procedures followed
by the election authority, its judges of elections, and all
employees and agents, provided that absentee ballots are
counted at the election authority's central ballot counting
location. In following the provisions of Article 24B, the
election authority is authorized to develop and implement
procedures to fully utilize Precinct Tabulation Optical Scan
Technology voting equipment, at the central ballot counting
location, authorized by the State Board of Elections as long as
the procedure is not in conflict with either Article 24B or the
administrative rules of the State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
 
    (10 ILCS 5/19-20 new)
    Sec. 19-20. Report on absentee ballots. This Section
applies to absentee ballots other than in-person absentee
ballots.
    On or before the 21st day after an election, each election
authority shall transmit to the State Board of Elections the
following information with respect to that election:
        (1) The number, by precinct, of absentee ballots
    requested, provided, and counted.
        (2) The number of rejected absentee ballots.
        (3) The number of voters seeking review of rejected
    absentee ballots pursuant to subsection (g-5) of Section
    19-8.
        (4) The number of absentee ballots counted following
    review pursuant to subsection (g-5) of Section 19-8.
On or before the 28th day after an election, the State Board of
Elections shall compile the information received under this
Section with respect to that election and make that information
available to the public.
 
    (10 ILCS 5/19A-21 new)
    Sec. 19A-21. Use of local public buildings for early voting
polling places. Upon request by an election authority, a unit
of local government (as defined in Section 1 of Article VII of
the Illinois Constitution, which does not include school
districts) shall make the unit's public buildings within the
election authority's jurisdiction available as permanent or
temporary early voting polling places without charge.
Availability of a building shall include reasonably necessary
time before and after the period early voting is conducted at
that building.
    A unit of local government making its public building
available as a permanent or temporary early voting polling
place shall ensure that any portion of the building made
available is accessible to handicapped and elderly voters.
 
    (10 ILCS 5/19A-25.5)
    Sec. 19A-25.5. Voting machines, automatic tabulating
equipment, and precinct tabulation optical scan technology
voting equipment.
    (a) In all jurisdictions in which voting machines are used,
the provisions of this Code that are not inconsistent with this
Article relating to the furnishing of ballot boxes, printing
and furnishing ballots and supplies, the canvassing of ballots,
and the making of returns, apply with full force and effect to
the extent necessary to make this Article effective, provided
that the number of ballots to be printed shall be in the
discretion of the election authority, and provided further that
early ballots shall not be counted until after the polls are
closed on election day.
    (b) If the election authority has adopted the use of
automatic tabulating equipment under Article 24A of this Code,
and the provisions of that Article are in conflict with the
provisions of this Article 19A, the provisions of Article 24A
shall govern the procedures followed by the election authority,
its judges of election, and all employees and agents; provided
that early ballots shall be counted at the election authority's
central ballot counting location and shall not be counted until
after the polls are closed on election day.
    (c) If the election authority has adopted the use of
precinct tabulation optical scan technology voting equipment
under Article 24B of this Code, and the provisions of that
Article are in conflict with the provisions of this Article
19A, the provisions of Article 24B shall govern the procedures
followed by the election authority, its judges of election, and
all employees and agents; provided that early ballots shall be
counted at the election authority's central ballot counting
location and shall not be counted until after the polls are
closed on election day.
    (d) If the election authority has adopted the use of Direct
Recording Electronic Voting Systems under Article 24C of this
Code, and the provisions of that Article are in conflict with
the provisions of this Article 19A, the provisions of Article
24C shall govern the procedures followed by the election
authority, its judges of election, and all employees and
agents; provided that early ballots shall be counted at the
election authority's central ballot counting location and
shall not be counted until after the polls are closed on
election day.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/19A-35)
    Sec. 19A-35. Procedure for voting.
    (a) Not more than 23 days before the start of the election
early voting, the county clerk shall make available to the
election official authority conducting early voting by
personal appearance a sufficient number of early ballots,
envelopes, and printed voting instruction slips for the use of
early voters. The election official authority shall receipt for
all ballots received and shall return unused or spoiled ballots
at the close of the early voting period to the county clerk and
must strictly account for all ballots received. The ballots
delivered to the election official authority must include early
ballots for each precinct in the election authority's
jurisdiction and must include separate ballots for each
political subdivision conducting an election of officers or a
referendum at that election.
    (b) In conducting early voting under this Article, the
election judge or official is not required to verify the
signature of the early voter by comparison with the signature
on the official registration card, and however, the judge or
official must verify (i) the identity of the applicant, (ii)
that the applicant is a registered voter, (iii) the precinct in
which the applicant is registered, and (iv) the proper ballots
of the political subdivision in which the applicant resides and
is entitled to vote before providing an early ballot to the
applicant. The applicant's identity must be verified by the
applicant's presentation of an Illinois driver's license, a
non-driver identification card issued by the Illinois
Secretary of State, or another government-issued
identification document containing the applicant's photograph.
The election judge or official must verify the applicant's
registration from the most recent poll list provided by the
election authority, and if the applicant is not listed on that
poll list, by telephoning the office of the election authority.
    (b-5) A person requesting an early voting ballot to whom an
absentee ballot was issued may vote early if the person submits
that absentee ballot to the judges of election or official
conducting early voting for cancellation. If the voter is
unable to submit the absentee ballot, it shall be sufficient
for the voter to submit to the judges or official (i) a portion
of the absentee ballot if the absentee ballot was torn or
mutilated or (ii) an affidavit executed before the judges or
official specifying that (A) the voter never received an
absentee ballot or (B) the voter completed and returned an
absentee ballot and was informed that the election authority
did not receive that absentee ballot.
    (b-10) Within one day after a voter casts an early voting
ballot, the election authority shall transmit the voter's name,
street address, and precinct, ward, township, and district
numbers, as the case may be, to the State Board of Elections,
which shall maintain those names and that information in an
electronic format on its website, arranged by county and
accessible to State and local political committees.
    (b-15) This subsection applies to early voting polling
places using optical scan technology voting equipment subject
to Article 24B. Immediately after voting an early ballot, the
voter shall be instructed whether the voting equipment accepted
or rejected the ballot. A voter whose early voting ballot is
not accepted by the voting equipment may, upon surrendering the
ballot, request and vote another early voting ballot. The
voter's ballot that was not accepted shall be initialed by the
election judge or official conducting the early voting and
handled as provided in Article 24B.
    (c) The sealed early ballots in their carrier envelope
shall be delivered by the election authority to the central
ballot counting location proper polling place before the close
of the polls on the day of the election.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/19A-50)
    Sec. 19A-50. Receipt of ballots. Upon receipt of the
voter's ballot, the election judge or official shall enclose
the unopened ballot in a large or carrier envelope that shall
be securely sealed and endorsed with the name and official
title of the election judge or official and the words, "This
envelope contains a ballot and must be opened on election day",
together with the number and description of the precinct in
which the ballot is to be voted, and the election authority
shall safely keep the envelope in its office until delivered to
the central ballot counting location judges of election as
provided in Section 19A-35. The ballots determined to be valid
shall be added to the vote totals for the precincts for which
they were cast in the order in which the ballots were opened.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/19A-60)
    Sec. 19A-60. Pollwatchers. Pollwatchers may be appointed
to observe early voting by personal appearance at each
permanent and temporary polling place where early voting is
conducted. The pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except
that each candidate, political party, or organization of
citizens may appoint only one pollwatcher for each location
where early voting by personal appearance is conducted.
Pollwatchers must be residents of the State and possess valid
pollwatcher credentials.
    Pollwatchers shall be permitted to observe all proceedings
and view all reasonably requested records relating to the
conduct of the early voting, provided the secrecy of the ballot
is not impinged, and to station themselves in a position in the
voting room as will enable them to observe the judges or
election authority personnel making the signature comparison
between the voter application and the voter registration record
card; provided, however, that the pollwatchers shall not be
permitted to station themselves in such close proximity to the
judges of election or election authority personnel so as to
interfere with the orderly conduct of the voting and shall not,
in any event, be permitted to handle voting or election
materials. Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to the
attention of the judges of election or election authority
personnel any incorrect procedure or apparent violations of
this Code.
    In the polling place on election day, pollwatchers are
permitted to be present during the casting of the early ballots
and the vote of an early voter may be challenged for cause the
same as if the voter were present and voted on election day.
The judges of election or election authority personnel
conducting early voting, or a majority of either of these, have
the power and authority to hear and determine the legality of
an the early voting ballot. , provided that if a challenge to
any early voter's right to vote is sustained, notice of the
challenge must be given by the judges of election or election
authority by mail addressed to the voter's place of residence.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
    Sec. 20-2. Any member of the United States Service,
otherwise qualified to vote, who expects in the course of his
duties to be absent from the county in which he resides on the
day of holding any election may make application for an
absentee ballot to the election authority having jurisdiction
over his precinct of residence on the official postcard or on a
form furnished by the election authority as prescribed by
Section 20-3 of this Article not less than 10 days before the
election. A request pursuant to this Section shall entitle the
applicant to an absentee ballot for every election in one
calendar year. The original application for ballot shall be
kept in the office of the election authority for one year as
authorization to send a ballot to the voter for each election
to be held within that calendar year. A certified copy of such
application for ballot shall be sent each election with the
absentee ballot to the election authority's central ballot
counting location polling place to be used in lieu of the
original application for ballot. No registration shall be
required in order to vote pursuant to this Section.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise. Ballots voted under this Section
must be returned to the election authority in sufficient time
for delivery to the election authority's central ballot
counting location proper precinct polling place before the
closing of the polls on the day of the election.
(Source: P.A. 86-875.)
 
    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
    Sec. 20-2.1. Citizens of the United States temporarily
residing outside the territorial limits of the United States
who are not registered but otherwise qualified to vote and who
expect to be absent from their county of residence during the
periods of voter registration provided for in Articles 4, 5 or
6 of this Code and on the day of holding any election, may make
simultaneous application to the election authority having
jurisdiction over their precinct of residence for an absentee
registration and absentee ballot not less than 30 days before
the election. Such application may be made on the official
postcard or on a form furnished by the election authority as
prescribed by Section 20-3 of this Article. A request pursuant
to this Section shall entitle the applicant to an absentee
ballot for every election in one calendar year. The original
application for ballot shall be kept in the office of the
election authority for one year as authorization to send a
ballot to the voter for each election to be held within that
calendar year. A certified copy of such application for ballot
shall be sent each election with the absentee ballot to the
election authority's central ballot counting location polling
place to be used in lieu of the original application for
ballot.
    Registration shall be required in order to vote pursuant to
this Section. However, if the election authority receives one
of such applications after 30 days but not less than 10 days
before a Federal election, said applicant shall be sent a
ballot containing the Federal offices only and registration for
that election shall be waived.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise.
    Ballots under this Section must be returned to the election
authority in sufficient time for delivery to the election
authority's central ballot counting location proper precinct
polling place before the closing of the polls on the day of the
election.
(Source: P.A. 86-875.)
 
    (10 ILCS 5/20-2.2)  (from Ch. 46, par. 20-2.2)
    Sec. 20-2.2. Any non-resident civilian citizen, otherwise
qualified to vote, may make application to the election
authority having jurisdiction over his precinct of former
residence for an absentee ballot containing the Federal offices
only not less than 10 days before a Federal election. Such
application may be made only on the official postcard. A
request pursuant to this Section shall entitle the applicant to
an absentee ballot for every election in one calendar year at
which Federal offices are filled. The original application for
ballot shall be kept in the office of the election authority
for one year as authorization to send a ballot to the voter for
each election to be held within that calendar year at which
Federal offices are filled. A certified copy of such
application for ballot shall be sent each election with the
absentee ballot to the election authority's central ballot
counting location polling place to be used in lieu of the
original application for ballot. No registration shall be
required in order to vote pursuant to this Section. Ballots
under this Section shall be mailed by the election authority in
the manner prescribed by Section 20-5 of this Article and not
otherwise. Ballots under this Section must be returned to the
election authority in sufficient time for delivery to the
election authority's central ballot counting location proper
precinct polling place before the closing of the polls on the
day of the election.
(Source: P.A. 86-875.)
 
    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
    Sec. 20-2.3. Members of the Armed Forces. Any member of the
United States Armed Forces while on active duty, otherwise
qualified to vote, who expects in the course of his or her
duties to be absent from the county in which he or she resides
on the day of holding any election, in addition to any other
method of making application for an absentee ballot under this
Article, may make application for an absentee ballot to the
election authority having jurisdiction over his or her precinct
of residence by a facsimile machine or electronic transmission
not less than 10 days before the election.
    Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this
Article and not otherwise. Ballots voted under this Section
must be returned to the election authority before the closing
of the polls on the day of election and must be counted at the
election authority's central ballot counting location.
(Source: P.A. 87-1052.)
 
    (10 ILCS 5/20-4)   (from Ch. 46, par. 20-4)
    Sec. 20-4. Immediately upon the receipt of the official
postcard or an application as provided in Section 20-3 within
the times heretofore prescribed, the election authority shall
ascertain whether or not such applicant is legally entitled to
vote as requested, including verification of the applicant's
signature by comparison with the signature on the official
registration record card, if any. If the election authority
ascertains that the applicant is lawfully entitled to vote, it
shall enter the name, street address, ward and precinct number
of such applicant on a list to be posted in his or its office in
a place accessible to the public. Within one business day after
posting the name and other information of an applicant for a
ballot, the election authority shall transmit that name and
posted information to the State Board of Elections, which shall
maintain the names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. As soon as the official
ballot is prepared the election authority shall immediately
deliver the same to the applicant in person or by mail, in the
manner prescribed in Section 20-5.
    If any such election authority receives a second or
additional application which it believes is from the same
person, he or it shall submit it to the chief judge of the
circuit court or any judge of that court designated by the
chief judge. If the chief judge or his designate determines
that the application submitted to him is a second or additional
one, he shall so notify the election authority who shall
disregard the second or additional application.
    The election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
    Sec. 20-8. Time and place of counting ballots.
    (a) (Blank.) Each absent voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority in time to be delivered
to the polling place of the precinct where the absent voter is
a qualified elector and to be counted by the judges of election
of that polling place shall be handled in accordance with this
subsection. If the ballot is received by the election authority
prior to the delivery of the official ballots to the judges of
election of the precinct where the absent voter is a qualified
elector, then the absent voter's ballot envelope and
application, sealed in the carrier envelope, shall be enclosed
in the same package with the official ballots and delivered to
the judges of that precinct. If the official ballots for the
precinct have already been delivered to the judges of election
when the election authority receives the absent voter's ballot,
then the election authority shall immediately enclose the
envelope containing the absent voter's ballot, together with
the voter's application, in a larger or carrier envelope which
shall be securely sealed and addressed on the face to the
judges of election, giving the name or number of precinct,
street and number of polling place, city or town in which the
absent voter is a qualified elector, and the words, "This
envelope contains an absent voter's ballot and must be opened
only on election day at the polls immediately after the polls
are closed". The election authority shall mail the ballot,
postage prepaid, to the judges of election, or if more
convenient then the election authority may deliver the absent
voter's ballot to the judges of election in person or by duly
deputized agent and secure a receipt for delivery of the ballot
or ballots. An absent voter's ballot delivered in error to the
wrong precinct polling place shall be returned to the election
authority and counted as provided in subsection (b).
    (b) Each absent voter's ballot returned to an election
authority, by any means authorized by this Article, and
received by that election authority before the closing of the
polls on election day but too late to be delivered to and
counted at the proper precinct polling place shall be endorsed
by the receiving election authority with the day and hour of
receipt and shall be counted in the central ballot counting
location office of the election authority on the day of the
election after 7:00 p.m., except as provided in subsections (g)
and (g-5).
    (c) Each absent voter's ballot that is mailed to an
election authority and postmarked by the midnight preceding the
opening of the polls on election day, but that is received by
the election authority after the polls close on election day
and before the close of the period for counting provisional
ballots cast at that election, shall be endorsed by the
receiving authority with the day and hour of receipt and shall
be counted at the central ballot counting location office of
the election authority during the period for counting
provisional ballots.
    (d) Special write-in absentee voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location office of the election authority during the
same period provided for counting absent voters' ballots under
subsections subsection (b), (g), and (g-5). Special write-in
absentee voter's blank ballot that are mailed to an election
authority and postmarked by midnight preceding the opening of
the polls on election day, but that are received by the
election authority after the polls close on election day and
before the closing of the period for counting provisional
ballots cast at that election, shall be endorsed by the
receiving authority with the day and hour of receipt and shall
be counted at the central ballot counting location office of
the election authority during the same periods provided for
counting absent voters' ballots under subsection (c).
    (e) Except as otherwise provided in this Section, absent
voters' ballots and special write-in absentee voter's blank
ballots received by the election authority after the closing of
the polls on the day of election shall be endorsed by the
person receiving the ballots with the day and hour of receipt
and shall be safely kept unopened by the election authority for
the period of time required for the preservation of ballots
used at the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.
    (f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all absent voters'
ballots and special write-in absentee voter's blank ballots
required to be counted on election day have been counted.
    (g) The procedures set forth in Section 19-9 of this Act
and Articles 17 and 18 of this Code shall apply to all ballots
counted under this Section; except that votes shall be recorded
without regard to precinct designation. In addition, within 2
days after a ballot subject to this Article is received, but in
all cases before the close of the period for counting
provisional ballots, the election judge or official shall
compare the voter's signature on the certification envelope of
that ballot with the signature of the voter on file in the
office of the election authority. If the election judge or
official determines that the 2 signatures match, and that the
voter is otherwise qualified to cast a ballot under this
Article, the election authority shall cast and count the ballot
on election day or the day the ballot is determined to be
valid, whichever is later, adding the results to the precinct
in which the voter is registered. If the election judge or
official determines that the signatures do not match, or that
the voter is not qualified to cast a ballot under this Article,
then without opening the certification envelope, the judge or
official shall mark across the face of the certification
envelope the word "Rejected" and shall not cast or count the
ballot.
    In addition to the voter's signatures not matching, a
ballot subject to this Article may be rejected by the election
judge or official:
        (1) if the ballot envelope is open or has been opened
    and resealed;
        (2) if the voter has already cast an early or grace
    period ballot;
        (3) if the voter voted in person on election day or the
    voter is not a duly registered voter in the precinct; or
        (4) on any other basis set forth in this Code.
    If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
    (g-5) If a ballot subject to this Article is rejected by
the election judge or official for any reason, the election
authority shall, within 2 days after the rejection but in all
cases before the close of the period for counting provisional
ballots, notify the voter that his or her ballot was rejected.
The notice shall inform the voter of the reason or reasons the
ballot was rejected and shall state that the voter may appear
before the election authority, on or before the 14th day after
the election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election
authority supporting his or her contention that the ballot
should be counted. The election authority shall appoint a panel
of 3 election judges to review the contested ballot,
application, and certification envelope, as well as any
evidence submitted by the absentee voter. No more than 2
election judges on the reviewing panel shall be of the same
political party. The reviewing panel of election judges shall
make a final determination as to the validity of the contested
ballot. The judges' determination shall not be reviewable
either administratively or judicially.
    A ballot subject to this subsection that is determined to
be valid shall be counted before the close of the period for
counting provisional ballots.
    (g-10) All ballots determined to be valid shall be added to
the vote totals for the precincts for which they were cast in
the order in which the ballots were opened.
    (h) Each Where ballots are counted in the office of the
election authority as provided in this Section, each political
party, candidate, and qualified civic organization shall be
entitled to have present one pollwatcher for each panel of
election judges therein assigned.
(Source: P.A. 94-557, eff. 8-12-05.)
 
    (10 ILCS 5/20-15)
    Sec. 20-15. Precinct tabulation optical scan technology
voting equipment.
    If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant
to Article 24B of this Code, and the provisions of the Article
are in conflict with the provisions of this Article 20, the
provisions of Article 24B shall govern the procedures followed
by the election authority, its judges of elections, and all
employees and agents, provided that ballots under this Article
must be counted at the election authority's central ballot
counting location. In following the provisions of Article 24B,
the election authority is authorized to develop and implement
procedures to fully utilize Precinct Tabulation Optical Scan
Technology voting equipment, at the central ballot counting
location, authorized by the State Board of Elections as long as
the procedure is not in conflict with either Article 24B or the
administrative rules of the State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
 
    (10 ILCS 5/20-20 new)
    Sec. 20-20. Report on ballots. On or before the 21st day
after an election, each election authority shall transmit to
the State Board of Elections the following information with
respect to that election:
        (1) The number, by precinct, of ballots subject to this
    Article requested, provided, and counted.
        (2) The number of rejected ballots subject to this
    Article.
        (3) The number of voters seeking review of rejected
    ballots pursuant to subsection (g-5) of Section 20-8.
        (4) The number of ballots counted following review
    pursuant to subsection (g-5) of Section 20-8.
    On or before the 28th day after an election, the State
Board of Elections shall compile the information received under
this Section with respect to that election and make that
information available to the public.
 
    (10 ILCS 5/24-1)  (from Ch. 46, par. 24-1)
    Sec. 24-1. The election authority in all jurisdictions when
voting machines are used shall, except as otherwise provided in
this Code, provide a voting machine or voting machines for any
or all of the election precincts or election districts, as the
case may be, for which the election authority is by law charged
with the duty of conducting an election or elections. A voting
machine or machines sufficient in number to provide a machine
for each 400 voters or fraction thereof shall be supplied for
use at all elections. However, no such voting machine shall be
used, purchased, or adopted, and no person or entity may have a
written contract, including a contract contingent upon
certification of the voting machines, to sell, lease, or loan
voting machines to an election authority, until the board of
voting machine commissioners hereinafter provided for, or a
majority thereof, shall have made and filed a report certifying
that they have examined such machine; that it affords each
elector an opportunity to vote in absolute secrecy; that it
enables each elector to vote a ticket selected in part from the
nominees of one party, and in part from the nominees of any or
all other parties, and in part from independent nominees
printed in the columns of candidates for public office, and in
part of persons not in nomination by any party or upon any
independent ticket; that it enables each elector to vote a
written or printed ballot of his own selection, for any person
for any office for whom he may desire to vote; that it enables
each elector to vote for all candidates for whom he is entitled
to vote, and prevents him from voting for any candidate for any
office more than once, unless he is lawfully entitled to cast
more than one vote for one candidate, and in that event permits
him to cast only as many votes for that candidate as he is by
law entitled, and no more; that it prevents the elector from
voting for more than one person for the same office, unless he
is lawfully entitled to vote for more than one person therefor,
and in that event permits him to vote for as many persons for
that office as he is by law entitled, and no more; and that
such machine will register correctly by means of exact counters
every vote cast for the regular tickets thereon; and has the
capacity to contain the tickets of at least 5 political parties
with the names of all the candidates thereon, together with all
propositions in the form provided by law, where such form is
prescribed, and where no such provision is made for the form
thereof, then in brief form, not to exceed 75 words; that all
votes cast on the machine on a regular ballot or ballots shall
be registered; that voters may, by means of irregular ballots
or otherwise vote for any person for any office, although such
person may not have been nominated by any party and his name
may not appear on such machine; that when a vote is cast for
any person for any such office, when his name does not appear
on the machine, the elector cannot vote for any other name on
the machine for the same office; that each elector can,
understandingly and within the period of 4 minutes cast his
vote for all candidates of his choice; that the machine is so
constructed that the candidates for presidential electors of
any party can be voted for only by voting for the ballot label
containing a bracket within which are the names of the
candidates for President and Vice-President of the party or
group; that the machine is provided with a lock or locks by the
use of which any movement of the voting or registering
mechanism is absolutely prevented so that it cannot be tampered
with or manipulated for any purpose; that the machine is
susceptible of being closed during the progress of the voting
so that no person can see or know the number of votes
registered for any candidate; that each elector is permitted to
vote for or against any question, proposition or amendment upon
which he is entitled to vote, and is prevented from voting for
or against any question, proposition or amendment upon which he
is not entitled to vote; that the machine is capable of
adjustment by the election authority, so as to permit the
elector, at a party primary election, to vote only for the
candidates seeking nomination by the political party in which
primary he is entitled to vote: Provided, also that no such
machine or machines shall be purchased, unless the party or
parties making the sale shall guarantee in writing to keep the
machine or machines in good working order for 5 years without
additional cost and shall give a sufficient bond conditioned to
that effect.
(Source: P.A. 89-700, eff. 1-17-97.)
 
    (10 ILCS 5/24A-9)  (from Ch. 46, par. 24A-9)
    Sec. 24A-9. Prior to the public test, the election
authority shall conduct an errorless pre-test of the automatic
tabulating equipment and program to ascertain that they will
correctly count the votes cast for all offices and all
measures. On any day not less than 5 days prior to the election
day, the election authority shall publicly test the automatic
tabulating equipment and program to ascertain that they will
correctly count the votes cast for all offices and on all
measures. Public notice of the time and place of the test shall
be given at least 48 hours prior thereto by publication once in
one or more newspapers published within the election
jurisdiction of the election authority if a newspaper is
published therein, otherwise in a newspaper of general
circulation therein. Timely written notice stating the date,
time and location of the public test shall also be provided to
the State Board of Elections. The test shall be open to
representatives of the political parties, the press,
representatives of the State Board of Elections, and the
public. The test shall be conducted by processing a preaudited
group of ballots so punched or marked as to record a
predetermined number of valid votes for each candidate and on
each measure, and shall include for each office one or more
ballots which have votes in excess of the number allowed by law
in order to test the ability of the automatic tabulating
equipment to reject such votes. Such test shall also include
the use of precinct header cards and may include the production
of an edit listing. In those election jurisdictions where
in-precinct counting equipment is utilized, a public test of
both such equipment and program shall be conducted as nearly as
possible in the manner prescribed above. The State Board of
Elections may select as many election jurisdictions as the
Board deems advisable in the interests of the election process
of this State in which to order a special test of the automatic
tabulating equipment and program prior to any regular election.
The Board may order a special test in any election jurisdiction
where, during the preceding twelve months, computer
programming errors or other errors in the use of electronic
voting systems resulted in vote tabulation errors. Not less
than 30 days prior to any election, the State Board of
Elections shall provide written notice to those selected
jurisdictions of their intent to conduct a test. Within 5 days
of receipt of the State Board of Elections' written notice of
intent to conduct a test, the selected jurisdictions shall
forward to the principal office of the State Board of Elections
a copy of all specimen ballots. The State Board of Elections'
tests shall be conducted and completed not less than 2 days
prior to the public test utilizing testing materials supplied
by the Board and under the supervision of the Board. The
vendor, person, or other private entity shall be solely
responsible for the production and cost of: all ballots;
additional temporary workers; and other equipment or
facilities needed and used in the testing of the vendor's,
person's, or other private entity's respective equipment and
software. , and the Board shall reimburse the election authority
for the reasonable cost of computer time required to conduct
the special test. After an errorless test, materials used in
the public test, including the program, if appropriate, shall
be sealed and remain so until the test is run again on election
day. If any error is detected, the cause therefor shall be
ascertained and corrected and an errorless public test shall be
made before the automatic tabulating equipment is approved.
Each election authority shall file a sealed copy of each tested
program to be used within its jurisdiction at an election with
the State Board of Elections prior to the election. The Board
shall secure the program or programs of each election
jurisdiction so filed in its office until the next election of
the same type (general primary, general election, consolidated
primary, or consolidated election) for which the program or
programs were filed for the 60 days following the canvass and
proclamation of election results. Upon the expiration of that
time, if no election contest or appeal therefrom is pending in
an election jurisdiction, the Board shall destroy return the
sealed program or programs to the election authority of the
jurisdiction. Except where in-precinct counting equipment is
utilized, the test shall be repeated immediately before the
start of the official count of the ballots, in the same manner
as set forth above. After the completion of the count, the test
shall be re-run using the same program. An election
jurisdiction that was employing, as of January 1, 1983, an
electronic voting system that, because of its design, is not
technically capable of compliance with such a post-tabulation
testing requirement shall satisfy the post-tabulation testing
requirement by conducting the post-tabulation test on a
duplicate program until such electronic voting system is
replaced or until November 1, 1992, whichever is earlier.
Immediately thereafter the ballots, all material employed in
testing the program and the program shall be sealed and
retained under the custody of the election authority for a
period of 60 days. At the expiration of that time the election
authority shall destroy the voted ballot cards, together with
all unused ballots returned from the precincts. Provided, if
any contest of election is pending at such time in which such
ballots may be required as evidence and such election authority
has notice thereof, the same shall not be destroyed until after
such contest is finally determined. If the use of back-up
equipment becomes necessary, the same testing required for the
original equipment shall be conducted.
(Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)
 
    (10 ILCS 5/24A-10)  (from Ch. 46, par. 24A-10)
    Sec. 24A-10. (1) In an election jurisdiction which has
adopted an electronic voting system, the election official in
charge of the election shall select one of the 3 following
procedures for receiving, counting, tallying, and return of the
ballots:
    (a) Two ballot boxes shall be provided for each polling
place. The first ballot box is for the depositing of votes cast
on the electronic voting system; and the second ballot box is
for all votes cast on paper ballots, including absentee paper
and early paper ballots and any other paper ballots required to
be voted other than on the electronic voting system. Ballots,
except absentee and early ballots for candidates and
propositions which are listed on the electronic voting system,
deposited in the second ballot box shall be counted, tallied,
and returned as is elsewhere provided in "The Election Code,"
as amended, for the counting and handling of paper ballots.
Immediately after the closing of the polls the absentee and
early ballots delivered to the precinct judges of election by
the election official in charge of the election shall be
examined to determine that such ballots comply with Sections
19-9, 19A-55, and 20-9 of "The Election Code," as amended, and
are entitled to be deposited in the ballot box provided
therefor; those entitled to be deposited in this ballot box
shall be initialed by the precinct judges of election and
deposited therein. Those not entitled to be deposited in this
ballot box shall be marked "Rejected" and disposed of as
provided in Sections 19-9, 19A-55, and 20-9. The precinct
judges of election shall then open the second ballot box and
examine all paper absentee and early ballots which are in the
ballot box to determine whether the absentee and early ballots
bear the initials of a precinct judge of election. If any
absentee or early ballot is not so initialed, it shall be
marked on the back "Defective," initialed as to such label by
all judges immediately under such word "Defective," and not
counted, but placed in the envelope provided for that purpose
labeled "Defective Ballots Envelope." The judges of election,
consisting in each case of at least one judge of election of
each of the two major political parties, shall examine the
paper absentee and early ballots which were in such ballot box
and properly initialed so as to determine whether the same
contain write-in votes. Write-in votes, not causing an overvote
for an office otherwise voted for on the paper absentee or
early ballot, and otherwise properly voted, shall be counted,
tallied and recorded on the tally sheet provided for such
record. A write-in vote causing an overvote for an office shall
not be counted for that office, but the precinct judges shall
mark such paper or early absentee ballot "Objected To" on the
back thereof and write on its back the manner in which such
ballot is counted and initial the same. An overvote for one
office shall invalidate only the vote or count of that
particular office. After counting, tallying and recording the
write-in votes on absentee and early ballots, the judges of
election, consisting in each case of at least one judge of
election of each of the two major political parties, shall make
a true duplicate ballot of the remaining valid votes on each
paper absentee or early ballot which was in the ballot box and
properly initialed, by using the electronic voting system used
in the precinct and one of the marking devices of the precinct
so as to transfer the remaining valid votes of the voter on the
paper absentee ballot to an official ballot or a ballot card of
that kind used in the precinct at that election. The original
paper absentee or early ballot shall be clearly labeled
"Absentee Ballot" or "Early Ballot", as the case may be, and
the ballot card so produced "Duplicate Absentee Ballot" or
"Duplicate Early Ballot", as the case may be, and each shall
bear the same serial number which shall be placed thereon by
the judges of election, commencing with number 1 and continuing
consecutively for the ballots of that kind in that precinct.
The judges of election shall initial the "Duplicate Absentee
Ballot" and "Duplicate Early Ballot" ballots or ballot cards
and shall place them in the first ballot box provided for
return of the ballots to be counted at the central counting
location in lieu of the paper absentee and early ballots. The
paper absentee and early ballots shall be placed in an envelope
provided for that purpose labeled "Duplicate Ballots."
    As soon as the absentee and early ballots have been
deposited in the first ballot box, the judges of election shall
make out a slip indicating the number of persons who voted in
the precinct at the election. Such slip shall be signed by all
the judges of election and shall be inserted by them in the
first ballot box. The judges of election shall thereupon
immediately lock each the first ballot box; provided, that if
such box is not of a type which may be securely locked, such
box shall be sealed with filament tape provided for such
purpose which shall be wrapped around the box lengthwise and
crosswise, at least twice each way, and in such manner that the
seal completely covers the slot in the ballot box, and each of
the judges shall sign such seal. Thereupon two of the judges of
election, of different political parties, shall forthwith and
by the most direct route transport both ballot boxes to the
counting location designated by the county clerk or board of
election commissioners.
    Before the ballots of a precinct are fed to the electronic
tabulating equipment, the first ballot box shall be opened at
the central counting station by the two precinct transport
judges. Upon opening a ballot box, such team shall first count
the number of ballots in the box. If 2 or more are folded
together so as to appear to have been cast by the same person,
all of the ballots so folded together shall be marked and
returned with the other ballots in the same condition, as near
as may be, in which they were found when first opened, but
shall not be counted. If the remaining ballots are found to
exceed the number of persons voting in the precinct as shown by
the slip signed by the judges of election, the ballots shall be
replaced in the box, and the box closed and well shaken and
again opened and one of the precinct transport judges shall
publicly draw out so many ballots unopened as are equal to such
excess.
    Such excess ballots shall be marked "Excess-Not Counted"
and signed by the two precinct transport judges and shall be
placed in the "After 7:00 p.m. Defective Ballots Envelope". The
number of excess ballots shall be noted in the remarks section
of the Certificate of Results. "Excess" ballots shall not be
counted in the total of "defective" ballots.
    The precinct transport judges shall then examine the
remaining ballots for write-in votes and shall count and
tabulate the write-in vote; or
    (b) A single ballot box, for the deposit of all votes cast,
shall be used. All ballots which are not to be tabulated on the
electronic voting system shall be counted, tallied, and
returned as elsewhere provided in "The Election Code," as
amended, for the counting and handling of paper ballots.
    All ballots to be processed and tabulated with the
electronic voting system shall be processed as follows:
    Immediately after the closing of the polls, the absentee
and early ballots delivered to the precinct judges of election
by the election official in charge of the election shall be
examined to determine that such ballots comply with Sections
19-9, 19A-55, and 20-9 of "The Election Code," as amended, and
are entitled to be deposited in the ballot box; those entitled
to be deposited in the ballot box shall be initialed by the
precinct judges of election and deposited in the ballot box.
Those not entitled to be deposited in the ballot box shall be
marked "Rejected" and disposed of as provided in said Sections
19-9, 19A-55, and 20-9. The precinct judges of election then
shall open the ballot box and canvass the votes polled to
determine that the number of ballots therein agree with the
number of voters voting as shown by the applications for ballot
or if the same do not agree the judges of election shall make
such ballots agree with the applications for ballot in the
manner provided by Section 17-18 of "The Election Code." The
judges of election shall then examine all paper absentee and
early ballots, ballot cards and ballot card envelopes which are
in the ballot box to determine whether the paper ballots,
ballot cards and ballot card envelopes bear the initials of a
precinct judge of election. If any paper ballot, ballot card or
ballot card envelope is not initialed, it shall be marked on
the back "Defective," initialed as to such label by all judges
immediately under such word "Defective," and not counted, but
placed in the envelope provided for that purpose labeled
"Defective Ballots Envelope." The judges of election,
consisting in each case of at least one judge of election of
each of the two major political parties, shall examine the
paper absentee and early ballots which were in the ballot box
and properly initialed so as to determine whether the same
contain write-in votes. Write-in votes, not causing an overvote
for an office otherwise voted for on the paper absentee or
early ballot, and otherwise properly voted, shall be counted,
tallied and recorded on the tally sheet provided for such
record. A write-in vote causing an overvote for an office shall
not be counted for that office, but the precinct judges shall
mark such paper absentee or early ballot "Objected To" on the
back thereof and write on its back the manner in which such
ballot is counted and initial the same. An overvote for one
office shall invalidate only the vote or count of that
particular office. After counting, tallying and recording the
write-in votes on absentee and early ballots, the judges of
election, consisting in each case of at least one judge of
election of each of the two major political parties, shall make
a true duplicate ballot of the remaining valid votes on each
paper absentee and early ballot which was in the ballot box and
properly initialed, by using the electronic voting system used
in the precinct and one of the marking devices of the precinct
so as to transfer the remaining valid votes of the voter on the
paper absentee or early ballot to an official ballot or a
ballot card of that kind used in the precinct at that election.
The original paper absentee ballot shall be clearly labeled
"Absentee Ballot" or "Early Ballot", as the case may be, and
the ballot card so produced "Duplicate Absentee Ballot" or
"Duplicate Early Ballot", as the case may be, and each shall
bear the same serial number which shall be placed thereon by
the judges of election, commencing with number 1 and continuing
consecutively for the ballots of that kind in that precinct.
The judges of election shall initial the "Duplicate Absentee
Ballot" and "Duplicate Early Ballot" ballots or ballot cards,
and shall place them in the box for return of the ballots with
all other ballots or ballot cards to be counted at the central
counting location in lieu of the paper absentee and early
ballots. The paper absentee and early ballots shall be placed
in an envelope provided for that purpose labeled "Duplicate
Ballots."
    When an electronic voting system is used which utilizes a
ballot card, before separating the remaining ballot cards from
their respective covering envelopes, the judges of election
shall examine the ballot card envelopes for write-in votes.
When the voter has voted a write-in vote, the judges of
election shall compare the write-in vote with the votes on the
ballot card to determine whether such write-in results in an
overvote for any office. In case of an overvote for any office,
the judges of election, consisting in each case of at least one
judge of election of each of the two major political parties,
shall make a true duplicate ballot of all votes on such ballot
card except for the office which is overvoted, by using the
ballot label booklet of the precinct and one of the marking
devices of the precinct so as to transfer all votes of the
voter except for the office overvoted, to an official ballot
card of that kind used in the precinct at that election. The
original ballot card and envelope upon which there is an
overvote shall be clearly labeled "Overvoted Ballot", and each
shall bear the same serial number which shall be placed thereon
by the judges of election, commencing with number 1 and
continuing consecutively for the ballots of that kind in that
precinct. The judges of election shall initial the "Duplicate
Overvoted Ballot" ballot cards and shall place them in the box
for return of the ballots. The "Overvoted Ballot" ballots and
their envelopes shall be placed in the "Duplicate Ballots"
envelope. Envelopes bearing write-in votes marked in the place
designated therefor and bearing the initials of a precinct
judge of election and not resulting in an overvote and
otherwise complying with the election laws as to marking shall
be counted, tallied, and their votes recorded on a tally sheet
provided by the election official in charge of the election.
The ballot cards and ballot card envelopes shall be separated
and all except any defective or overvoted shall be placed
separately in the box for return of the ballots. , along with
all "Duplicate Absentee Ballots","Duplicate Early Ballots",
and "Duplicate Overvoted Ballots." The judges of election shall
examine the ballots and ballot cards to determine if any is
damaged or defective so that it cannot be counted by the
automatic tabulating equipment. If any ballot or ballot card is
damaged or defective so that it cannot properly be counted by
the automatic tabulating equipment, the judges of election,
consisting in each case of at least one judge of election of
each of the two major political parties, shall make a true
duplicate ballot of all votes on such ballot card by using the
ballot label booklet of the precinct and one of the marking
devices of the precinct. The original ballot or ballot card and
envelope shall be clearly labeled "Damaged Ballot" and the
ballot or ballot card so produced "Duplicate Damaged Ballot,"
and each shall bear the same number which shall be placed
thereon by the judges of election, commencing with number 1 and
continuing consecutively for the ballots of that kind in the
precinct. The judges of election shall initial the "Duplicate
Damaged Ballot" ballot or ballot cards, and shall place them in
the box for return of the ballots. The "Damaged Ballot" ballots
or ballot cards and their envelopes shall be placed in the
"Duplicated Ballots" envelope. A slip indicating the number of
voters voting in person, number of absentee votes deposited in
the ballot box, and the total number of voters of the precinct
who voted at the election shall be made out, signed by all
judges of election, and inserted in the box for return of the
ballots. The tally sheets recording the write-in votes shall be
placed in this box. The judges of election thereupon
immediately shall securely lock the ballot box or other
suitable box furnished for return of the ballots by the
election official in charge of the election; provided that if
such box is not of a type which may be securely locked, such
box shall be sealed with filament tape provided for such
purpose which shall be wrapped around the box lengthwise and
crosswise, at least twice each way. A separate adhesive seal
label signed by each of the judges of election of the precinct
shall be affixed to the box so as to cover any slot therein and
to identify the box of the precinct; and if such box is sealed
with filament tape as provided herein rather than locked, such
tape shall be wrapped around the box as provided herein, but in
such manner that the separate adhesive seal label affixed to
the box and signed by the judges may not be removed without
breaking the filament tape and disturbing the signature of the
judges. Thereupon, 2 of the judges of election, of different
major political parties, forthwith shall by the most direct
route transport the box for return of the ballots and enclosed
ballots and returns to the central counting location designated
by the election official in charge of the election. If,
however, because of the lack of adequate parking facilities at
the central counting location or for any other reason, it is
impossible or impracticable for the boxes from all the polling
places to be delivered directly to the central counting
location, the election official in charge of the election may
designate some other location to which the boxes shall be
delivered by the 2 precinct judges. While at such other
location the boxes shall be in the care and custody of one or
more teams, each consisting of 4 persons, 2 from each of the
two major political parties, designated for such purpose by the
election official in charge of elections from recommendations
by the appropriate political party organizations. As soon as
possible, the boxes shall be transported from such other
location to the central counting location by one or more teams,
each consisting of 4 persons, 2 from each of the 2 major
political parties, designated for such purpose by the election
official in charge of elections from recommendations by the
appropriate political party organizations.
    The "Defective Ballots" envelope, and "Duplicated Ballots"
envelope each shall be securely sealed and the flap or end
thereof of each signed by the precinct judges of election and
returned to the central counting location with the box for
return of the ballots, enclosed ballots and returns.
    At the central counting location, a team of tally judges
designated by the election official in charge of the election
shall check the box returned containing the ballots to
determine that all seals are intact, and thereupon shall open
the box, check the voters' slip and compare the number of
ballots so delivered against the total number of voters of the
precinct who voted, remove the ballots or ballot cards and
deliver them to the technicians operating the automatic
tabulating equipment. Any discrepancies between the number of
ballots and total number of voters shall be noted on a sheet
furnished for that purpose and signed by the tally judges; or
    (c) A single ballot box, for the deposit of all votes cast,
shall be used. Immediately after the closing of the polls the
judges of election shall examine the absentee and early ballots
received by the precinct judges of election from the election
authority of voters in that precinct to determine that they
comply with the provisions of Sections 19-9, 19A-55, 20-8, and
20-9 of the Election Code, as amended, and are entitled to be
deposited in the ballot box; those entitled to be deposited in
the ballot box shall be initialed by the precinct judges and
deposited in the ballot box. Those not entitled to be deposited
in the ballot box, in accordance with Sections 19-9, 19A-55,
20-8, and 20-9 of the Election Code, as amended, shall be
marked "Rejected" and preserved in the manner provided in The
Election Code for the retention and preservation of official
ballots rejected at such election. Immediately upon the
completion of the absentee and early balloting, the precinct
judges of election shall securely lock the ballot box; provided
that if such box is not of a type which may be securely locked,
such box shall be sealed with filament tape provided for such
purpose which shall be wrapped around the box lengthwise and
crosswise, at least twice each way. A separate adhesive seal
label signed by each of the judges of election of the precinct
shall be affixed to the box so as to cover any slot therein and
to identify the box of the precinct; and if such box is sealed
with filament tape as provided herein rather than locked, such
tape shall be wrapped around the box as provided herein, but in
such manner that the separate adhesive seal label affixed to
the box and signed by the judges may not be removed without
breaking the filament tape and disturbing the signature of the
judges. Thereupon, 2 of the judges of election, of different
major political parties, shall forthwith by the most direct
route transport the box for return of the ballots and enclosed
absentee and early ballots and returns to the central counting
location designated by the election official in charge of the
election. If however, because of the lack of adequate parking
facilities at the central counting location or for some other
reason, it is impossible or impracticable for the boxes from
all the polling places to be delivered directly to the central
counting location, the election official in charge of the
election may designate some other location to which the boxes
shall be delivered by the 2 precinct judges. While at such
other location the boxes shall be in the care and custody of
one or more teams, each consisting of 4 persons, 2 from each of
the two major political parties, designated for such purpose by
the election official in charge of elections from
recommendations by the appropriate political party
organizations. As soon as possible, the boxes shall be
transported from such other location to the central counting
location by one or more teams, each consisting of 4 persons, 2
from each of the 2 major political parties, designated for such
purpose by the election official in charge of the election from
recommendations by the appropriate political party
organizations.
    At the central counting location there shall be one or more
teams of tally judges who possess the same qualifications as
tally judges in election jurisdictions using paper ballots. The
number of such teams shall be determined by the election
authority. Each team shall consist of 5 tally judges, 3
selected and approved by the county board from a certified list
furnished by the chairman of the county central committee of
the party with the majority of members on the county board and
2 selected and approved by the county board from a certified
list furnished by the chairman of the county central committee
of the party with the second largest number of members on the
county board. At the central counting location a team of tally
judges shall open the ballot box and canvass the votes polled
to determine that the number of ballot sheets therein agree
with the number of voters voting as shown by the applications
for ballot and for absentee and early ballot; and, if the same
do not agree, the tally judges shall make such ballots agree
with the number of applications for ballot in the manner
provided by Section 17-18 of the Election Code. The tally
judges shall then examine all ballot sheets which are in the
ballot box to determine whether they bear the initials of the
precinct judge of election. If any ballot is not initialed, it
shall be marked on the back "Defective", initialed as to such
label by all tally judges immediately under such word
"Defective", and not counted, but placed in the envelope
provided for that purpose labeled "Defective Ballots
Envelope". Write-in votes, not causing an overvote for an
office otherwise voted for on the absentee and early ballot
sheet, and otherwise properly voted, shall be counted, tallied
and recorded by the central counting location judges on the
tally sheet provided for such record. A write-in vote causing
an overvote for an office shall not be counted for that office,
but the tally judges shall mark such absentee ballot sheet
"Objected To" on the back thereof and write on its back the
manner in which such ballot is counted and initial the same. An
overvote for one office shall invalidate only the vote or count
of that particular office.
    At the central counting location, a team of tally judges
designated by the election official in charge of the election
shall deliver the ballot sheets to the technicians operating
the automatic tabulating equipment. Any discrepancies between
the number of ballots and total number of voters shall be noted
on a sheet furnished for that purpose and signed by the tally
judges.
    (2) Regardless of which procedure described in subsection
(1) of this Section is used, the judges of election designated
to transport the ballots, properly signed and sealed as
provided herein, shall ensure that the ballots are delivered to
the central counting station no later than 12 hours after the
polls close. At the central counting station a team of tally
judges designated by the election official in charge of the
election shall examine the ballots so transported and shall not
accept ballots for tabulating which are not signed and sealed
as provided in subsection (1) of this Section until the judges
transporting the same make and sign the necessary corrections.
Upon acceptance of the ballots by a team of tally judges at the
central counting station, the election judges transporting the
same shall take a receipt signed by the election official in
charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport
any ballots shall, in the event such ballots cannot be found
when needed, on proper request, produce the receipt which they
are to take as above provided.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/24A-10.1)  (from Ch. 46, par. 24A-10.1)
    Sec. 24A-10.1. In an election jurisdiction where
in-precinct counting equipment is utilized, the following
procedures for counting and tallying the ballots shall apply:
    Immediately after the closing of the polls, the absentee
and early ballots delivered to the precinct judges of election
by the election authority shall be examined to determine that
such ballots comply with Sections 19-9 and 20-9 of this Act and
are entitled to be deposited in the ballot box; those entitled
to be deposited in the ballot box shall be initialed by the
precinct judges of election and deposited in the ballot box.
Those not entitled to be deposited in the ballot box shall be
marked "Rejected" and disposed of as provided in said Sections
19-9, 19A-55, and 20-9.
    The precinct judges of election shall open the ballot box
and count the number of ballots therein to determine if such
number agrees with the number of voters voting as shown by the
applications for ballot or, if the same do not agree, the
judges of election shall make such ballots agree with the
applications for ballot in the manner provided by Section 17-18
of this Act. The judges of election shall then examine all
ballot cards and ballot card envelopes which are in the ballot
box to determine whether the ballot cards and ballot card
envelopes contain the initials of a precinct judge of election.
If any ballot card or ballot card envelope is not initialed, it
shall be marked on the back "Defective", initialed as to such
label by all judges immediately under the word "Defective" and
not counted. The judges of election shall place an initialed
blank official ballot card in the place of the defective ballot
card, so that the count of the ballot cards to be counted on
the automatic tabulating equipment will be the same, and each
"Defective Ballot" card and "Replacement" card shall contain
the same serial number which shall be placed thereon by the
judges of election, commencing with number 1 and continuing
consecutively for the ballots of that kind in that precinct.
The original "Defective" card shall be placed in the "Defective
Ballot Envelope" provided for that purpose.
    When an electronic voting system is used which utilizes a
ballot card, before separating the remaining ballot cards from
their respective covering envelopes, the judges of election
shall examine the ballot card envelopes for write-in votes.
When the voter has cast a write-in vote, the judges of election
shall compare the write-in vote with the votes on the ballot
card to determine whether such write-in results in an overvote
for any office. In case of an overvote for any office, the
judges of election, consisting in each case of at least one
judge of election of each of the 2 major political parties,
shall make a true duplicate ballot of all votes on such ballot
card except for the office which is overvoted, by using the
ballot label booklet of the precinct and one of the marking
devices of the precinct so as to transfer all votes of the
voter, except for the office overvoted, to a duplicate card.
The original ballot card and envelope upon which there is an
overvote shall be clearly labeled "Overvoted Ballot", and each
such "Overvoted Ballot" as well as its "Replacement" shall
contain the same serial number which shall be placed thereon by
the judges of election, commencing with number 1 and continuing
consecutively for the ballots of that kind in that precinct.
The "Overvoted Ballot" card and ballot envelope shall be placed
in an envelope provided for that purpose labeled "Duplicate
Ballot" envelope, and the judges of election shall initial the
"Replacement" ballot cards and shall place them with the other
ballot cards to be counted on the automatic tabulating
equipment. Envelopes containing write-in votes marked in the
place designated therefor and containing the initials of a
precinct judge of election and not resulting in an overvote and
otherwise complying with the election laws as to marking shall
be counted and tallied and their votes recorded on a tally
sheet provided by the election authority.
    The ballot cards and ballot card envelopes shall be
separated in preparation for counting by the automatic
tabulating equipment provided for that purpose by the election
authority.
    Before the ballots are entered into the automatic
tabulating equipment, a precinct identification card provided
by the election authority shall be entered into the device to
ensure that the totals are all zeroes in the count column on
the printing unit. A precinct judge of election shall then
count the ballots by entering each ballot card into the
automatic tabulating equipment, and if any ballot or ballot
card is damaged or defective so that it cannot properly be
counted by the automatic tabulating equipment, the judges of
election, consisting in each case of at least one judge of
election of each of the 2 major political parties, shall make a
true duplicate ballot of all votes on such ballot card by using
the ballot label booklet of the precinct and one of the marking
devices of the precinct. The original ballot or ballot card and
envelope shall be clearly labeled "Damaged Ballot" and the
ballot or ballot card so produced shall be clearly labeled
"Duplicate Damaged Ballot", and each shall contain the same
serial number which shall be placed thereon by the judges of
election, commencing with number 1 and continuing
consecutively for the ballots of that kind in the precinct. The
judges of election shall initial the "Duplicate Damaged Ballot"
ballot or ballot cards and shall enter the duplicate damaged
cards into the automatic tabulating equipment. The "Damaged
Ballot" cards shall be placed in the "Duplicated Ballots"
envelope; after all ballot cards have been successfully read,
the judges of election shall check to make certain that the
last number printed by the printing unit is the same as the
number of voters making application for ballot in that
precinct. The number shall be listed on the "Statement of
Ballots" form provided by the election authority.
    The totals for all candidates and propositions shall be
tabulated; 4 sets shall be attached to the 4 sets of
"Certificate of Results" provided by the election authority;
one set shall be posted in a conspicuous place inside the
polling place; and every effort shall be made by the judges of
election to provide a set for each authorized pollwatcher or
other official authorized to be present in the polling place to
observe the counting of ballots; but in no case shall the
number of sets to be made available to pollwatchers be fewer
than 4, chosen by lot by the judges of election. In addition,
sufficient time shall be provided by the judges of election to
the pollwatchers to allow them to copy information from the set
which has been posted.
    The judges of election shall count all unused ballot cards
and enter the number on the "Statement of Ballots". All
"Spoiled", "Defective" and "Duplicated" ballot cards shall be
counted and the number entered on the "Statement of Ballots".
    The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials as
instructed by the election authority; provided, however, that
such container must first be sealed by the election judges with
filament tape provided for such purpose which shall be wrapped
around the container lengthwise and crosswise, at least twice
each way, in such manner that the ballots cannot be removed
from such container without breaking the seal and filament tape
and disturbing any signatures affixed by the election judges to
the container. The election authority shall keep the office of
the election authority, or any receiving stations designated by
such authority, open for at least 12 consecutive hours after
the polls close or until the ballots from all precincts with
in-precinct counting equipment within the jurisdiction of the
election authority have been returned to the election
authority. Ballots returned to the office of the election
authority which are not signed and sealed as required by law
shall not be accepted by the election authority until the
judges returning the same make and sign the necessary
corrections. Upon acceptance of the ballots by the election
authority, the judges returning the same shall take a receipt
signed by the election authority and stamped with the time and
date of such return. The election judges whose duty it is to
return any ballots as herein provided shall, in the event such
ballots cannot be found when needed, on proper request, produce
the receipt which they are to take as above provided.
(Source: P.A. 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/24A-15)  (from Ch. 46, par. 24A-15)
    Sec. 24A-15. The precinct return printed by the automatic
tabulating equipment shall include the number of ballots cast
and votes cast for each candidate and proposition and shall
constitute the official return of each precinct. In addition to
the precinct return, the election authority shall provide the
number of applications for ballots in each precinct, the
write-in votes, the total number of ballots counted in each
precinct for each political subdivision and district and the
number of registered voters in each precinct. However, the
election authority shall check the totals shown by the precinct
return and, if there is an obvious discrepancy with respect to
the total number of votes cast in any precinct, shall have the
ballots for such precinct retabulated to correct the return.
The procedures for retabulation shall apply prior to and after
the proclamation is completed; however, after the proclamation
of results, the election authority must obtain a court order to
unseal voted ballots except for election contests and discovery
recounts. In those election jurisdictions that utilize
in-precinct counting equipment, the certificate of results,
which has been prepared by the judges of election in the
polling place after the ballots have been tabulated, shall be
the document used for the canvass of votes for such precinct.
Whenever a discrepancy exists during the canvass of votes
between the unofficial results and the certificate of results,
or whenever a discrepancy exists during the canvass of votes
between the certificate of results and the set of totals which
has been affixed to such certificate of results, the ballots
for such precinct shall be retabulated to correct the return.
As an additional part of this check prior to the proclamation,
in those jurisdictions where in-precinct counting equipment is
utilized, the election authority shall retabulate the total
number of votes cast in 5% of the precincts within the election
jurisdiction. The precincts to be retabulated shall be selected
after election day on a random basis by the State Board of
Elections election authority, so that every precinct in the
election jurisdiction has an equal mathematical chance of being
selected. The State Board of Elections shall design a standard
and scientific random method of selecting the precincts which
are to be retabulated, and the election authority shall be
required to utilize such method. The State central committee
State Board of Elections, the State's Attorney and other
appropriate law enforcement agencies, the county chairman of
each established political party and qualified civic
organizations shall be given prior written notice of the time
and place of such random selection procedure and may be
represented at such procedure. Such retabulation shall consist
of counting the ballot cards which were originally counted and
shall not involve any determination as to which ballot cards
were, in fact, properly counted. The ballots from the precincts
selected for such retabulation shall remain at all times under
the custody and control of the election authority and shall be
transported and retabulated by the designated staff of the
election authority.
    As part of such retabulation, the election authority shall
test the computer program in the selected precincts. Such test
shall be conducted by processing a preaudited group of ballots
so punched so as to record a predetermined number of valid
votes for each candidate and on each public question, and shall
include for each office one or more ballots which have votes in
excess of the number allowed by law in order to test the
ability of the equipment to reject such votes. If any error is
detected, the cause therefor shall be ascertained and corrected
and an errorless count shall be made prior to the official
canvass and proclamation of election results.
    The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county
chairman of each established political party and qualified
civic organizations shall be given prior written notice of the
time and place of such retabulation and may be represented at
such retabulation.
    The results of this retabulation shall be treated in the
same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Act.
Upon completion of the retabulation, the election authority
shall print a comparison of the results of the retabulation
with the original precinct return printed by the automatic
tabulating equipment. Such comparison shall be done for each
precinct and for each office voted upon within that precinct,
and the comparisons shall be open to the public.
(Source: P.A. 89-700, eff. 1-17-97.)
 
    (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
    Sec. 24A-16. The State Board of Elections shall approve all
voting systems provided by this Article.
    No voting system shall be approved unless it fulfills the
following requirements:
    (1) It enables a voter to vote in absolute secrecy;
    (2) (Blank);
    (3) It enables a voter to vote a ticket selected in part
from the nominees of one party, and in part from the nominees
of any or all parties, and in part from independent candidates
and in part of candidates whose names are written in by the
voter;
    (4) It enables a voter to vote a written or printed ticket
of his own selection for any person for any office for whom he
may desire to vote;
    (5) It will reject all votes for an office or upon a
proposition when the voter has cast more votes for such office
or upon such proposition than he is entitled to cast;
    (6) It will accommodate all propositions to be submitted to
the voters in the form provided by law or, where no such form
is provided, then in brief form, not to exceed 75 words.
    The State Board of Elections shall not approve any voting
equipment or system that includes an external Infrared Data
Association (IrDA) communications port.
    The State Board of Elections is authorized to withdraw its
approval of a voting system if the system fails to fulfill the
above requirements.
    The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all ballots;
additional temporary workers; and other equipment or
facilities needed and used in the testing of the vendor's,
person's, or other private entity's respective equipment and
software.
    No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a voting
system or voting system component to any election jurisdiction
unless the voting system or voting system component is first
approved by the State Board of Elections pursuant to this
Section.
(Source: P.A. 89-700, eff. 1-17-97.)
 
    (10 ILCS 5/24B-9)
    Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
Technology Equipment and Program; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the automatic
Precinct Tabulation Optical Scan Technology tabulating
equipment and program and marking device to determine that they
will correctly detect Voting Defects and count the votes cast
for all offices and all measures. On any day not less than 5
days prior to the election day, the election authority shall
publicly test the automatic Precinct Tabulation Optical Scan
Technology tabulating equipment and program to determine that
they will correctly detect Voting Defects and count the votes
cast for all offices and on all measures. Public notice of the
time and place of the test shall be given at least 48 hours
before the test by publishing the notice in one or more
newspapers within the election jurisdiction of the election
authority, if a newspaper is published in that jurisdiction. If
a newspaper is not published in that jurisdiction, notice shall
be published in a newspaper of general circulation in that
jurisdiction. Timely written notice stating the date, time, and
location of the public test shall also be provided to the State
Board of Elections. The test shall be open to representatives
of the political parties, the press, representatives of the
State Board of Elections, and the public. The test shall be
conducted by processing a preaudited group of ballots marked to
record a predetermined number of valid votes for each candidate
and on each measure, and shall include for each office one or
more ballots having votes exceeding the number allowed by law
to test the ability of the automatic tabulating equipment or
marking device to reject the votes. The test shall also include
producing an edit listing. In those election jurisdictions
where in-precinct counting equipment is used, a public test of
both the equipment and program shall be conducted as nearly as
possible in the manner prescribed above. The State Board of
Elections may select as many election jurisdictions as the
Board deems advisable in the interests of the election process
of this State, to order a special test of the automatic
tabulating equipment and program before any regular election.
The Board may order a special test in any election jurisdiction
where, during the preceding 12 months, computer programming
errors or other errors in the use of electronic voting systems
resulted in vote tabulation errors. Not less than 30 days
before any election, the State Board of Elections shall provide
written notice to those selected jurisdictions of their intent
to conduct a test. Within 5 days of receipt of the State Board
of Elections' written notice of intent to conduct a test, the
selected jurisdictions shall forward to the principal office of
the State Board of Elections a copy of all specimen ballots.
The State Board of Elections' tests shall be conducted and
completed not less than 2 days before the public test utilizing
testing materials supplied by the Board and under the
supervision of the Board. The vendor, person, or other private
entity shall be solely responsible for the production and cost
of: all ballots; additional temporary workers; and other
equipment or facilities needed and used in the testing of the
vendor's, person's, or other private entity's respective
equipment and software. , and the Board shall reimburse the
election authority for the reasonable cost of computer time
required to conduct the special test. After an errorless test,
materials used in the public test, including the program, if
appropriate, shall be sealed and remain sealed until the test
is run again on election day. If any error is detected, the
cause of the error shall be determined and corrected, and an
errorless public test shall be made before the automatic
tabulating equipment is approved. Each election authority
shall file a sealed copy of each tested program to be used
within its jurisdiction at an election with the State Board of
Elections before the election. The Board shall secure the
program or programs of each election jurisdiction so filed in
its office until the next election of the same type (general
primary, general election, consolidated primary, or
consolidated election) for which the program or programs were
filed for the 60 days following the canvass and proclamation of
election results. At the expiration of that time, if no
election contest or appeal is pending in an election
jurisdiction, the Board shall destroy return the sealed program
or programs to the election authority of the jurisdiction.
Except where in-precinct counting equipment is used, the test
shall be repeated immediately before the start of the official
counting of the ballots, in the same manner as set forth above.
After the completion of the count, the test shall be re-run
using the same program. Immediately after the re-run, all
material used in testing the program and the programs shall be
sealed and retained under the custody of the election authority
for a period of 60 days. At the expiration of that time the
election authority shall destroy the voted ballots, together
with all unused ballots returned from the precincts. Provided,
if any contest of election is pending at the time in which the
ballots may be required as evidence and the election authority
has notice of the contest, the same shall not be destroyed
until after the contest is finally determined. If the use of
back-up equipment becomes necessary, the same testing required
for the original equipment shall be conducted.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    (10 ILCS 5/24B-10)
    Sec. 24B-10. Receiving, Counting, Tallying and Return of
Ballots; Acceptance of Ballots by Election Authority.
    (a) In an election jurisdiction which has adopted an
electronic Precinct Tabulation Optical Scan Technology voting
system, the election official in charge of the election shall
select one of the 3 following procedures for receiving,
counting, tallying, and return of the ballots:
        (1) Two ballot boxes shall be provided for each polling
    place. The first ballot box is for the depositing of votes
    cast on the electronic voting system; and the second ballot
    box is for all votes cast on other ballots, including
    absentee paper and early paper ballots and any other paper
    ballots required to be voted other than on the Precinct
    Tabulation Optical Scan Technology electronic voting
    system. Ballots, except absentee and early ballots for
    candidates and propositions which are listed on the
    Precinct Tabulation Optical Scan Technology electronic
    voting system, deposited in the second ballot box shall be
    counted, tallied, and returned as is elsewhere provided in
    this Code for the counting and handling of paper ballots.
    Immediately after the closing of the polls, the absentee
    and early ballots delivered to the precinct judges of
    election by the election official in charge of the election
    shall be examined to determine that the ballots comply with
    Sections 19-9, 19A-55, and 20-9 of this Code and are
    entitled to be inserted into the counting equipment and
    deposited into the ballot box provided; those entitled to
    be deposited in this ballot box shall be initialed by the
    precinct judges of election and deposited. Those not
    entitled to be deposited in this ballot box shall be marked
    "Rejected" and disposed of as provided in Sections 19-9,
    19A-55, and 20-9. The precinct judges of election shall
    then open the second ballot box and examine all paper
    absentee and early ballots which are in the ballot box to
    determine whether the absentee or early ballots bear the
    initials of a precinct judge of election. If any absentee
    or early ballot is not so initialed, it shall be marked on
    the back "Defective", initialed as to the label by all
    judges immediately under the word "Defective", and not
    counted, but placed in the envelope provided for that
    purpose labeled "Defective Ballots Envelope". The judges
    of election, consisting in each case of at least one judge
    of election of each of the 2 major political parties, shall
    examine the paper absentee and early ballots which were in
    such ballot box and properly initialed to determine whether
    the same contain write-in votes. Write-in votes, not
    causing an overvote for an office otherwise voted for on
    the paper absentee or early ballot, and otherwise properly
    voted, shall be counted, tallied and recorded on the tally
    sheet provided for the record. A write-in vote causing an
    overvote for an office shall not be counted for that
    office, but the precinct judges shall mark such paper
    absentee or early ballot "Objected To" on the back and
    write on its back the manner in which the ballot is counted
    and initial the same. An overvote for one office shall
    invalidate only the vote or count of that particular
    office. After counting, tallying and recording the
    write-in votes on absentee and early ballots, the judges of
    election, consisting in each case of at least one judge of
    election of each of the 2 major political parties, shall
    make a true duplicate ballot of the remaining valid votes
    on each paper absentee and early ballot which was in the
    ballot box and properly initialed, by using the electronic
    Precinct Tabulation Optical Scan Technology voting system
    used in the precinct and one of the marking devices, or
    equivalent marking device or equivalent ballot, of the
    precinct to transfer the remaining valid votes of the voter
    on the paper absentee or early ballot to an official ballot
    or a ballot card of that kind used in the precinct at that
    election. The original paper absentee ballot shall be
    clearly labeled "Absentee Ballot" or "Early Ballot", as the
    case may be, and the ballot card so produced "Duplicate
    Absentee Ballot" or "Duplicate Early Ballot", as the case
    may be, and each shall bear the same serial number which
    shall be placed thereon by the judges of election,
    beginning with number 1 and continuing consecutively for
    the ballots of that kind in that precinct. The judges of
    election shall initial the "Duplicate Absentee Ballot" and
    "Duplicate Early Ballot" ballots and shall place them in
    the first ballot box provided for return of the ballots to
    be counted at the central counting location in lieu of the
    paper absentee and early ballots. The paper absentee and
    early ballots shall be placed in an envelope provided for
    that purpose labeled "Duplicate Ballots".
        As soon as the absentee and early ballots have been
    deposited in the first ballot box, the judges of election
    shall make out a slip indicating the number of persons who
    voted in the precinct at the election. The slip shall be
    signed by all the judges of election and shall be inserted
    by them in the first ballot box. The judges of election
    shall thereupon immediately lock each the first ballot box;
    provided, that if the box is not of a type which may be
    securely locked, the box shall be sealed with filament tape
    provided for the purpose that shall be wrapped around the
    box lengthwise and crosswise, at least twice each way, and
    in a manner that the seal completely covers the slot in the
    ballot box, and each of the judges shall sign the seal. Two
    of the judges of election, of different political parties,
    shall by the most direct route transport both ballot boxes
    to the counting location designated by the county clerk or
    board of election commissioners.
        Before the ballots of a precinct are fed to the
    electronic Precinct Tabulation Optical Scan Technology
    tabulating equipment, the first ballot box shall be opened
    at the central counting station by the 2 precinct transport
    judges. Upon opening a ballot box, the team shall first
    count the number of ballots in the box. If 2 or more are
    folded together to appear to have been cast by the same
    person, all of the ballots folded together shall be marked
    and returned with the other ballots in the same condition,
    as near as may be, in which they were found when first
    opened, but shall not be counted. If the remaining ballots
    are found to exceed the number of persons voting in the
    precinct as shown by the slip signed by the judges of
    election, the ballots shall be replaced in the box, and the
    box closed and well shaken and again opened and one of the
    precinct transport judges shall publicly draw out so many
    ballots unopened as are equal to the excess.
        The excess ballots shall be marked "Excess-Not
    Counted" and signed by the 2 precinct transport judges and
    shall be placed in the "After 7:00 p.m. Defective Ballots
    Envelope". The number of excess ballots shall be noted in
    the remarks section of the Certificate of Results. "Excess"
    ballots shall not be counted in the total of "defective"
    ballots.
        The precinct transport judges shall then examine the
    remaining ballots for write-in votes and shall count and
    tabulate the write-in vote.
        (2) A single ballot box, for the deposit of all votes
    cast, shall be used. All ballots which are not to be
    tabulated on the electronic voting system shall be counted,
    tallied, and returned as elsewhere provided in this Code
    for the counting and handling of paper ballots.
        All ballots to be processed and tabulated with the
    electronic Precinct Tabulation Optical Scan Technology
    voting system shall be processed as follows:
        Immediately after the closing of the polls, the
    absentee and early ballots delivered to the precinct judges
    of election by the election official in charge of the
    election shall be examined to determine that such ballots
    comply with Sections 19-9, 19A-55, and 20-9 of this Code
    and are entitled to be deposited in the ballot box; those
    entitled to be deposited in the ballot box shall be
    initialed by the precinct judges of election and deposited
    in the ballot box. Those not entitled to be deposited in
    the ballot box shall be marked "Rejected" and disposed of
    as provided in Sections 19-9, 19A-55, and 20-9. The
    precinct judges of election then shall open the ballot box
    and canvass the votes polled to determine that the number
    of ballots agree with the number of voters voting as shown
    by the applications for ballot, or if the same do not agree
    the judges of election shall make such ballots agree with
    the applications for ballot in the manner provided by
    Section 17-18 of this Code. The judges of election shall
    then examine all paper absentee and early ballots and
    ballot envelopes which are in the ballot box to determine
    whether the ballots and ballot envelopes bear the initials
    of a precinct judge of election. If any ballot or ballot
    envelope is not initialed, it shall be marked on the back
    "Defective", initialed as to the label by all judges
    immediately under the word "Defective", and not counted,
    but placed in the envelope provided for that purpose
    labeled "Defective Ballots Envelope". The judges of
    election, consisting in each case of at least one judge of
    election of each of the 2 major political parties, shall
    examine the paper absentee and early ballots which were in
    the ballot box and properly initialed to determine whether
    the same contain write-in votes. Write-in votes, not
    causing an overvote for an office otherwise voted for on
    the paper absentee or early ballot, and otherwise properly
    voted, shall be counted, tallied and recorded on the tally
    sheet provided for the record. A write-in vote causing an
    overvote for an office shall not be counted for that
    office, but the precinct judges shall mark the paper
    absentee or early ballot "Objected To" on the back and
    write on its back the manner the ballot is counted and
    initial the same. An overvote for one office shall
    invalidate only the vote or count of that particular
    office. After counting, tallying and recording the
    write-in votes on absentee and early ballots, the judges of
    election, consisting in each case of at least one judge of
    election of each of the 2 major political parties, shall
    make a true duplicate ballot of the remaining valid votes
    on each paper absentee and early ballot which was in the
    ballot box and properly initialed, by using the electronic
    voting system used in the precinct and one of the marking
    devices of the precinct to transfer the remaining valid
    votes of the voter on the paper absentee or early ballot to
    an official ballot of that kind used in the precinct at
    that election. The original paper absentee or early ballot
    shall be clearly labeled "Absentee Ballot" or "Early
    Ballot", as the case may be, and the ballot so produced
    "Duplicate Absentee Ballot" or "Duplicate Early Ballot",
    as the case may be, and each shall bear the same serial
    number which shall be placed thereon by the judges of
    election, commencing with number 1 and continuing
    consecutively for the ballots of that kind in that
    precinct. The judges of election shall initial the
    "Duplicate Absentee Ballot" and "Duplicate Early Ballot"
    ballots and shall place them in the box for return of the
    ballots with all other ballots to be counted at the central
    counting location in lieu of the paper absentee and early
    ballots. The paper absentee ballots shall be placed in an
    envelope provided for that purpose labeled "Duplicate
    Ballots".
        In case of an overvote for any office, the judges of
    election, consisting in each case of at least one judge of
    election of each of the 2 major political parties, shall
    make a true duplicate ballot of all votes on the ballot
    except for the office which is overvoted, by using the
    ballot of the precinct and one of the marking devices, or
    equivalent ballot, of the precinct to transfer all votes of
    the voter except for the office overvoted, to an official
    ballot of that kind used in the precinct at that election.
    The original ballot upon which there is an overvote shall
    be clearly labeled "Overvoted Ballot", and each shall bear
    the same serial number which shall be placed thereon by the
    judges of election, beginning with number 1 and continuing
    consecutively for the ballots of that kind in that
    precinct. The judges of election shall initial the
    "Duplicate Overvoted Ballot" ballots and shall place them
    in the box for return of the ballots. The "Overvoted
    Ballot" ballots shall be placed in the "Duplicate Ballots"
    envelope. The ballots except any defective or overvoted
    ballot shall be placed separately in the box for return of
    the ballots, along with all "Duplicate Absentee Ballots",
    "Duplicate Early Ballots", and "Duplicate Overvoted
    Ballots". The judges of election shall examine the ballots
    to determine if any is damaged or defective so that it
    cannot be counted by the automatic tabulating equipment. If
    any ballot is damaged or defective so that it cannot
    properly be counted by the automatic tabulating equipment,
    the judges of election, consisting in each case of at least
    one judge of election of each of the 2 major political
    parties, shall make a true duplicate ballot of all votes on
    such ballot by using the ballot of the precinct and one of
    the marking devices, or equivalent ballot, of the precinct.
    The original ballot and ballot envelope shall be clearly
    labeled "Damaged Ballot" and the ballot so produced
    "Duplicate Damaged Ballot", and each shall bear the same
    number which shall be placed thereon by the judges of
    election, commencing with number 1 and continuing
    consecutively for the ballots of that kind in the precinct.
    The judges of election shall initial the "Duplicate Damaged
    Ballot" ballot and shall place them in the box for return
    of the ballots. The "Damaged Ballot" ballots shall be
    placed in the "Duplicated Ballots" envelope. A slip
    indicating the number of voters voting in person, number of
    absentee and early votes deposited in the ballot box, and
    the total number of voters of the precinct who voted at the
    election shall be made out, signed by all judges of
    election, and inserted in the box for return of the
    ballots. The tally sheets recording the write-in votes
    shall be placed in this box. The judges of election
    immediately shall securely lock the ballot box or other
    suitable box furnished for return of the ballots by the
    election official in charge of the election; provided that
    if the box is not of a type which may be securely locked,
    the box shall be sealed with filament tape provided for the
    purpose which shall be wrapped around the box lengthwise
    and crosswise, at least twice each way. A separate adhesive
    seal label signed by each of the judges of election of the
    precinct shall be affixed to the box to cover any slot
    therein and to identify the box of the precinct; and if the
    box is sealed with filament tape as provided rather than
    locked, such tape shall be wrapped around the box as
    provided, but in such manner that the separate adhesive
    seal label affixed to the box and signed by the judges may
    not be removed without breaking the filament tape and
    disturbing the signature of the judges. Two of the judges
    of election, of different major political parties, shall by
    the most direct route transport the box for return of the
    ballots and enclosed ballots and returns to the central
    counting location designated by the election official in
    charge of the election. If, however, because of the lack of
    adequate parking facilities at the central counting
    location or for any other reason, it is impossible or
    impracticable for the boxes from all the polling places to
    be delivered directly to the central counting location, the
    election official in charge of the election may designate
    some other location to which the boxes shall be delivered
    by the 2 precinct judges. While at the other location the
    boxes shall be in the care and custody of one or more
    teams, each consisting of 4 persons, 2 from each of the 2
    major political parties, designated for such purpose by the
    election official in charge of elections from
    recommendations by the appropriate political party
    organizations. As soon as possible, the boxes shall be
    transported from the other location to the central counting
    location by one or more teams, each consisting of 4
    persons, 2 from each of the 2 major political parties,
    designated for the purpose by the election official in
    charge of elections from recommendations by the
    appropriate political party organizations.
        The "Defective Ballots" envelope, and "Duplicated
    Ballots" envelope each shall be securely sealed and the
    flap or end of each envelope signed by the precinct judges
    of election and returned to the central counting location
    with the box for return of the ballots, enclosed ballots
    and returns.
        At the central counting location, a team of tally
    judges designated by the election official in charge of the
    election shall check the box returned containing the
    ballots to determine that all seals are intact, and shall
    open the box, check the voters' slip and compare the number
    of ballots so delivered against the total number of voters
    of the precinct who voted, remove the ballots and deliver
    them to the technicians operating the automatic tabulating
    equipment. Any discrepancies between the number of ballots
    and total number of voters shall be noted on a sheet
    furnished for that purpose and signed by the tally judges.
        (3) A single ballot box, for the deposit of all votes
    cast, shall be used. Immediately after the closing of the
    polls, the judges of election shall examine the absentee
    and early ballots received by the precinct judges of
    election from the election authority of voters in that
    precinct to determine that they comply with the provisions
    of Sections 19-9, 19A-55, 20-8, and 20-9 of this Code and
    are entitled to be deposited in the ballot box; those
    entitled to be deposited in the ballot box shall be
    initialed by the precinct judges and deposited in the
    ballot box. Those not entitled to be deposited in the
    ballot box, in accordance with Sections 19-9, 19A-55, 20-8,
    and 20-9 of this Code shall be marked "Rejected" and
    preserved in the manner provided in this Code for the
    retention and preservation of official ballots rejected at
    such election. Immediately upon the completion of the
    absentee and early balloting, the precinct judges of
    election shall securely lock the ballot box; provided that
    if such box is not of a type which may be securely locked,
    the box shall be sealed with filament tape provided for the
    purpose which shall be wrapped around the box lengthwise
    and crosswise, at least twice each way. A separate adhesive
    seal label signed by each of the judges of election of the
    precinct shall be affixed to the box to cover any slot
    therein and to identify the box of the precinct; and if the
    box is sealed with filament tape as provided rather than
    locked, such tape shall be wrapped around the box as
    provided, but in a manner that the separate adhesive seal
    label affixed to the box and signed by the judges may not
    be removed without breaking the filament tape and
    disturbing the signature of the judges. Two of the judges
    of election, of different major political parties, shall by
    the most direct route transport the box for return of the
    ballots and enclosed absentee and early ballots and returns
    to the central counting location designated by the election
    official in charge of the election. If however, because of
    the lack of adequate parking facilities at the central
    counting location or for some other reason, it is
    impossible or impracticable for the boxes from all the
    polling places to be delivered directly to the central
    counting location, the election official in charge of the
    election may designate some other location to which the
    boxes shall be delivered by the 2 precinct judges. While at
    the other location the boxes shall be in the care and
    custody of one or more teams, each consisting of 4 persons,
    2 from each of the 2 major political parties, designated
    for the purpose by the election official in charge of
    elections from recommendations by the appropriate
    political party organizations. As soon as possible, the
    boxes shall be transported from the other location to the
    central counting location by one or more teams, each
    consisting of 4 persons, 2 from each of the 2 major
    political parties, designated for the purpose by the
    election official in charge of the election from
    recommendations by the appropriate political party
    organizations.
        At the central counting location there shall be one or
    more teams of tally judges who possess the same
    qualifications as tally judges in election jurisdictions
    using paper ballots. The number of the teams shall be
    determined by the election authority. Each team shall
    consist of 5 tally judges, 3 selected and approved by the
    county board from a certified list furnished by the
    chairman of the county central committee of the party with
    the majority of members on the county board and 2 selected
    and approved by the county board from a certified list
    furnished by the chairman of the county central committee
    of the party with the second largest number of members on
    the county board. At the central counting location a team
    of tally judges shall open the ballot box and canvass the
    votes polled to determine that the number of ballot sheets
    therein agree with the number of voters voting as shown by
    the applications for ballot and for absentee and early
    ballot; and, if the same do not agree, the tally judges
    shall make such ballots agree with the number of
    applications for ballot in the manner provided by Section
    17-18 of this Code. The tally judges shall then examine all
    ballot sheets that are in the ballot box to determine
    whether they bear the initials of the precinct judge of
    election. If any ballot is not initialed, it shall be
    marked on the back "Defective", initialed as to that label
    by all tally judges immediately under the word "Defective",
    and not counted, but placed in the envelope provided for
    that purpose labeled "Defective Ballots Envelope".
    Write-in votes, not causing an overvote for an office
    otherwise voted for on the absentee or early ballot sheet,
    and otherwise properly voted, shall be counted, tallied,
    and recorded by the central counting location judges on the
    tally sheet provided for the record. A write-in vote
    causing an overvote for an office shall not be counted for
    that office, but the tally judges shall mark the absentee
    or early ballot sheet "Objected To" and write the manner in
    which the ballot is counted on its back and initial the
    sheet. An overvote for one office shall invalidate only the
    vote or count for that particular office.
        At the central counting location, a team of tally
    judges designated by the election official in charge of the
    election shall deliver the ballot sheets to the technicians
    operating the automatic Precinct Tabulation Optical Scan
    Technology tabulating equipment. Any discrepancies between
    the number of ballots and total number of voters shall be
    noted on a sheet furnished for that purpose and signed by
    the tally judges.
    (b) Regardless of which procedure described in subsection
(a) of this Section is used, the judges of election designated
to transport the ballots properly signed and sealed, shall
ensure that the ballots are delivered to the central counting
station no later than 12 hours after the polls close. At the
central counting station, a team of tally judges designated by
the election official in charge of the election shall examine
the ballots so transported and shall not accept ballots for
tabulating which are not signed and sealed as provided in
subsection (a) of this Section until the judges transporting
the ballots make and sign the necessary corrections. Upon
acceptance of the ballots by a team of tally judges at the
central counting station, the election judges transporting the
ballots shall take a receipt signed by the election official in
charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport
any ballots shall, in the event the ballots cannot be found
when needed, on proper request, produce the receipt which they
are to take as above provided.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/24B-10.1)
    Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures
for Counting and Tallying Ballots. In an election jurisdiction
where Precinct Tabulation Optical Scan Technology counting
equipment is used, the following procedures for counting and
tallying the ballots shall apply:
    Before the opening of the polls, and before the ballots are
entered into the automatic tabulating equipment, the judges of
election shall be sure that the totals are all zeros in the
counting column. Ballots may then be counted by entering or
scanning each ballot into the automatic tabulating equipment.
Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or
proposition on the automatic tabulating equipment. Such
automatic tabulating equipment shall be programmed so that no
person may reset the equipment for refeeding of ballots unless
provided a code from an authorized representative of the
election authority. At the option of the election authority,
the ballots may be fed into the Precinct Tabulation Optical
Scan Technology equipment by the voters under the direct
supervision of the judges of elections.
    Immediately after the closing of the polls, the absentee or
early ballots delivered to the precinct judges of election by
the election authority shall be examined to determine that the
ballots comply with Sections 19-9, 19A-55, and 20-9 of this
Code and are entitled to be scanned by the Precinct Tabulation
Optical Scan Technology equipment and then deposited in the
ballot box; those entitled to be scanned and deposited in the
ballot box shall be initialed by the precinct judges of
election and then scanned and deposited in the ballot box.
Those not entitled to be deposited in the ballot box shall be
marked "Rejected" and disposed of as provided in said Sections
19-9, 19A-55, and 20-9.
    The precinct judges of election shall open the ballot box
and count the number of ballots to determine if the number
agrees with the number of voters voting as shown on the
Precinct Tabulation Optical Scan Technology equipment and by
the applications for ballot or, if the same do not agree, the
judges of election shall make the ballots agree with the
applications for ballot in the manner provided by Section 17-18
of this Code. The judges of election shall then examine all
ballots which are in the ballot box to determine whether the
ballots contain the initials of a precinct judge of election.
If any ballot is not initialed, it shall be marked on the back
"Defective", initialed as to such label by all judges
immediately under the word "Defective" and not counted. The
judges of election shall place an initialed blank official
ballot in the place of the defective ballot, so that the count
of the ballots to be counted on the automatic tabulating
equipment will be the same, and each "Defective Ballot" and
"Replacement" ballot shall contain the same serial number which
shall be placed thereon by the judges of election, beginning
with number 1 and continuing consecutively for the ballots of
that kind in that precinct. The original "Defective" ballot
shall be placed in the "Defective Ballot Envelope" provided for
that purpose.
    If the judges of election have removed a ballot pursuant to
Section 17-18, have labeled "Defective" a ballot which is not
initialed, or have otherwise determined under this Code to not
count a ballot originally deposited into a ballot box, the
judges of election shall be sure that the totals on the
automatic tabulating equipment are reset to all zeros in the
counting column. Thereafter the judges of election shall enter
or otherwise scan each ballot to be counted in the automatic
tabulating equipment. Resetting the automatic tabulating
equipment to all zeros and re-entering of ballots to be counted
may occur at the precinct polling place, the office of the
election authority, or any receiving station designated by the
election authority. The election authority shall designate the
place for resetting and re-entering or re-scanning.
    When a Precinct Tabulation Optical Scan Technology
electronic voting system is used which uses a paper ballot, the
judges of election shall examine the ballot for write-in votes.
When the voter has cast a write-in vote, the judges of election
shall compare the write-in vote with the votes on the ballot to
determine whether the write-in results in an overvote for any
office, unless the Precinct Tabulation Optical Scan Technology
equipment has already done so. In case of an overvote for any
office, the judges of election, consisting in each case of at
least one judge of election of each of the 2 major political
parties, shall make a true duplicate ballot of all votes on
such ballot except for the office which is overvoted, by using
the ballot of the precinct and one of the marking devices, or
equivalent ballot, of the precinct so as to transfer all votes
of the voter, except for the office overvoted, to a duplicate
ballot. The original ballot upon which there is an overvote
shall be clearly labeled "Overvoted Ballot", and each such
"Overvoted Ballot" as well as its "Replacement" shall contain
the same serial number which shall be placed thereon by the
judges of election, beginning with number 1 and continuing
consecutively for the ballots of that kind in that precinct.
The "Overvoted Ballot" shall be placed in an envelope provided
for that purpose labeled "Duplicate Ballot" envelope, and the
judges of election shall initial the "Replacement" ballots and
shall place them with the other ballots to be counted on the
automatic tabulating equipment.
    If any ballot is damaged or defective, or if any ballot
contains a Voting Defect, so that it cannot properly be counted
by the automatic tabulating equipment, the voter or the judges
of election, consisting in each case of at least one judge of
election of each of the 2 major political parties, shall make a
true duplicate ballot of all votes on such ballot by using the
ballot of the precinct and one of the marking devices of the
precinct, or equivalent. If a damaged ballot, the original
ballot shall be clearly labeled "Damaged Ballot" and the ballot
so produced shall be clearly labeled "Damaged Ballot" and the
ballot so produced shall be clearly labeled "Duplicate Damaged
Ballot", and each shall contain the same serial number which
shall be placed by the judges of election, beginning with
number 1 and continuing consecutively for the ballots of that
kind in the precinct. The judges of election shall initial the
"Duplicate Damaged Ballot" ballot and shall enter or otherwise
scan the duplicate damaged ballot into the automatic tabulating
equipment. The "Damaged Ballots" shall be placed in the
"Duplicated Ballots" envelope; after all ballots have been
successfully read, the judges of election shall check to make
certain that the Precinct Tabulation Optical Scan Technology
equipment readout agrees with the number of voters making
application for ballot in that precinct. The number shall be
listed on the "Statement of Ballots" form provided by the
election authority.
    The totals for all candidates and propositions shall be
tabulated; and 4 copies of a "Certificate of Results" shall be
generated by the automatic tabulating equipment; one copy shall
be posted in a conspicuous place inside the polling place; and
every effort shall be made by the judges of election to provide
a copy for each authorized pollwatcher or other official
authorized to be present in the polling place to observe the
counting of ballots; but in no case shall the number of copies
to be made available to pollwatchers be fewer than 4, chosen by
lot by the judges of election. In addition, sufficient time
shall be provided by the judges of election to the pollwatchers
to allow them to copy information from the copy which has been
posted.
    The judges of election shall count all unused ballots and
enter the number on the "Statement of Ballots". All "Spoiled",
"Defective" and "Duplicated" ballots shall be counted and the
number entered on the "Statement of Ballots".
    The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials as
instructed by the election authority; provided, however, that
such container must first be sealed by the election judges with
filament tape or other approved sealing devices provided for
the purpose which shall be wrapped around the container
lengthwise and crosswise, at least twice each way, in a manner
that the ballots cannot be removed from the container without
breaking the seal and filament tape and disturbing any
signatures affixed by the election judges to the container, or
which other approved sealing devices are affixed in a manner
approved by the election authority. The election authority
shall keep the office of the election authority or any
receiving stations designated by the authority, open for at
least 12 consecutive hours after the polls close or until the
ballots from all precincts with in-precinct counting equipment
within the jurisdiction of the election authority have been
returned to the election authority. Ballots returned to the
office of the election authority which are not signed and
sealed as required by law shall not be accepted by the election
authority until the judges returning the ballots make and sign
the necessary corrections. Upon acceptance of the ballots by
the election authority, the judges returning the ballots shall
take a receipt signed by the election authority and stamped
with the time and date of the return. The election judges whose
duty it is to return any ballots as provided shall, in the
event the ballots cannot be found when needed, on proper
request, produce the receipt which they are to take as above
provided. The precinct judges of election shall also deliver
the Precinct Tabulation Optical Scan Technology equipment to
the election authority.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/24B-15)
    Sec. 24B-15. Official Return of Precinct; Check of Totals;
Retabulation. The precinct return printed by the automatic
Precinct Tabulation Optical Scan Technology tabulating
equipment shall include the number of ballots cast and votes
cast for each candidate and proposition and shall constitute
the official return of each precinct. In addition to the
precinct return, the election authority shall provide the
number of applications for ballots in each precinct, the
write-in votes, the total number of ballots counted in each
precinct for each political subdivision and district and the
number of registered voters in each precinct. However, the
election authority shall check the totals shown by the precinct
return and, if there is an obvious discrepancy regarding the
total number of votes cast in any precinct, shall have the
ballots for that precinct retabulated to correct the return.
The procedures for retabulation shall apply prior to and after
the proclamation is completed; however, after the proclamation
of results, the election authority must obtain a court order to
unseal voted ballots except for election contests and discovery
recounts. In those election jurisdictions that use in-precinct
counting equipment, the certificate of results, which has been
prepared by the judges of election in the polling place after
the ballots have been tabulated, shall be the document used for
the canvass of votes for such precinct. Whenever a discrepancy
exists during the canvass of votes between the unofficial
results and the certificate of results, or whenever a
discrepancy exists during the canvass of votes between the
certificate of results and the set of totals which has been
affixed to the certificate of results, the ballots for that
precinct shall be retabulated to correct the return. As an
additional part of this check prior to the proclamation, in
those jurisdictions where in-precinct counting equipment is
used, the election authority shall retabulate the total number
of votes cast in 5% of the precincts within the election
jurisdiction. The precincts to be retabulated shall be selected
after election day on a random basis by the State Board of
Elections election authority, so that every precinct in the
election jurisdiction has an equal mathematical chance of being
selected. The State Board of Elections shall design a standard
and scientific random method of selecting the precincts which
are to be retabulated, and the election authority shall be
required to use that method. The State central committee State
Board of Elections, the State's Attorney and other appropriate
law enforcement agencies, the county chairman of each
established political party and qualified civic organizations
shall be given prior written notice of the time and place of
the random selection procedure and may be represented at the
procedure. The retabulation shall consist of counting the
ballots which were originally counted and shall not involve any
determination of which ballots were, in fact, properly counted.
The ballots from the precincts selected for the retabulation
shall remain at all times under the custody and control of the
election authority and shall be transported and retabulated by
the designated staff of the election authority.
    As part of the retabulation, the election authority shall
test the computer program in the selected precincts. The test
shall be conducted by processing a preaudited group of ballots
marked to record a predetermined number of valid votes for each
candidate and on each public question, and shall include for
each office one or more ballots which have votes in excess of
the number allowed by law to test the ability of the equipment
and the marking device to reject such votes. If any error is
detected, the cause shall be determined and corrected, and an
errorless count shall be made prior to the official canvass and
proclamation of election results.
    The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county
chairman of each established political party and qualified
civic organizations shall be given prior written notice of the
time and place of the retabulation and may be represented at
the retabulation.
    The results of this retabulation shall be treated in the
same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
Upon completion of the retabulation, the election authority
shall print a comparison of the results of the retabulation
with the original precinct return printed by the automatic
tabulating equipment. The comparison shall be done for each
precinct and for each office voted upon within that precinct,
and the comparisons shall be open to the public. Upon
completion of the retabulation, the returns shall be open to
the public.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    (10 ILCS 5/24B-16)
    Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
Technology Voting Systems; Requisites. The State Board of
Elections shall approve all Precinct Tabulation Optical Scan
Technology voting systems provided by this Article.
    No Precinct Tabulation Optical Scan Technology voting
system shall be approved unless it fulfills the following
requirements:
        (a) It enables a voter to vote in absolute secrecy;
        (b) (Blank);
        (c) It enables a voter to vote a ticket selected in
    part from the nominees of one party, and in part from the
    nominees of any or all parties, and in part from
    independent candidates, and in part of candidates whose
    names are written in by the voter;
        (d) It enables a voter to vote a written or printed
    ticket of his or her own selection for any person for any
    office for whom he or she may desire to vote;
        (e) It will reject all votes for an office or upon a
    proposition when the voter has cast more votes for the
    office or upon the proposition than he or she is entitled
    to cast; and
        (f) It will accommodate all propositions to be
    submitted to the voters in the form provided by law or,
    where no form is provided, then in brief form, not to
    exceed 75 words.
    The State Board of Elections shall not approve any voting
equipment or system that includes an external Infrared Data
Association (IrDA) communications port.
    The State Board of Elections is authorized to withdraw its
approval of a Precinct Tabulation Optical Scan Technology
voting system if the system fails to fulfill the above
requirements.
    The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all ballots;
additional temporary workers; and other equipment or
facilities needed and used in the testing of the vendor's,
person's, or other private entity's respective equipment and
software.
    No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a voting
system or Precinct Tabulation Optical Scan Technology voting
system component to any election jurisdiction unless the voting
system or voting system component is first approved by the
State Board of Elections pursuant to this Section.
(Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
 
    (10 ILCS 5/24C-9)
    Sec. 24C-9. Testing of Direct Recording Electronic Voting
System Equipment and Programs; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the Direct
Recording Electronic Voting System equipment and programs to
determine that they will correctly detect voting defects and
count the votes cast for all offices and all public questions.
On any day not less than 5 days prior to the election day, the
election authority shall publicly test the Direct Recording
Electronic Voting System equipment and programs to determine
that they will correctly detect voting errors and accurately
count the votes legally cast for all offices and on all public
questions. Public notice of the time and place of the test
shall be given at least 48 hours before the test by publishing
the notice in one or more newspapers within the election
jurisdiction of the election authority, if a newspaper is
published in that jurisdiction. If a newspaper is not published
in that jurisdiction, notice shall be published in a newspaper
of general circulation in that jurisdiction. Timely written
notice stating the date, time, and location of the public test
shall also be provided to the State Board of Elections. The
test shall be open to representatives of the political parties,
the press, representatives of the State Board of Elections, and
the public. The test shall be conducted by entering a pre-
audited group of votes designed to record a predetermined
number of valid votes for each candidate and on each public
question, and shall include for each office one or more ballots
having votes exceeding the number allowed by law to test the
ability of the automatic tabulating equipment to reject the
votes. The test shall also include producing an edit listing.
In those election jurisdictions where in-precinct counting
equipment is used, a public test of both the equipment and
program shall be conducted as nearly as possible in the manner
prescribed above. The State Board of Elections may select as
many election jurisdictions as the Board deems advisable in the
interests of the election process of this State, to order a
special test of the automatic tabulating equipment and program
before any regular election. The Board may order a special test
in any election jurisdiction where, during the preceding 12
months, computer programming errors or other errors in the use
of System resulted in vote tabulation errors. Not less than 30
days before any election, the State Board of Elections shall
provide written notice to those selected jurisdictions of their
intent to conduct a test. Within 5 days of receipt of the State
Board of Elections' written notice of intent to conduct a test,
the selected jurisdictions shall forward to the principal
office of the State Board of Elections a copy of all specimen
ballots. The State Board of Elections' tests shall be conducted
and completed not less than 2 days before the public test
utilizing testing materials supplied by the Board and under the
supervision of the Board. The vendor, person, or other private
entity shall be solely responsible for the production and cost
of: all ballots; additional temporary workers; and other
equipment or facilities needed and used in the testing of the
vendor's, person's, or other private entity's respective
equipment and software. , and the Board shall reimburse the
election authority for the reasonable cost of computer time
required to conduct the special test. After an errorless test,
materials used in the public test, including the program, if
appropriate, shall be sealed and remain sealed until the test
is run again on election day. If any error is detected, the
cause of the error shall be determined and corrected, and an
errorless public test shall be made before the automatic
tabulating equipment is approved. Each election authority
shall file a sealed copy of each tested program to be used
within its jurisdiction at an election with the State Board of
Elections before the election. The Board shall secure the
program or programs of each election jurisdiction so filed in
its office until the next election of the same type (general
primary, general election, consolidated primary, or
consolidated election) for which the program or programs were
filed for the 60 days following the canvass and proclamation of
election results. At the expiration of that time, if no
election contest or appeal is pending in an election
jurisdiction, the Board shall destroy return the sealed program
or programs to the election authority of the jurisdiction.
Except where in-precinct counting equipment is used, the test
shall be repeated immediately before the start of the official
counting of the ballots, in the same manner as set forth above.
After the completion of the count, the test shall be re-run
using the same program. Immediately after the re-run, all
material used in testing the program and the programs shall be
sealed and retained under the custody of the election authority
for a period of 60 days. At the expiration of that time the
election authority shall destroy the voted ballots, together
with all unused ballots returned from the precincts. Provided,
if any contest of election is pending at the time in which the
ballots may be required as evidence and the election authority
has notice of the contest, the same shall not be destroyed
until after the contest is finally determined. If the use of
back-up equipment becomes necessary, the same testing required
for the original equipment shall be conducted.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    (10 ILCS 5/24C-13)
    Sec. 24C-13. Absentee ballots; Early voting ballots;
Proceedings at Location for Central Counting; Employees;
Approval of List.
    (a) All jurisdictions using Direct Recording Electronic
Voting Systems shall use paper ballots or paper ballot sheets
approved for use under Articles 16, 24A or 24B of this Code
when conducting absentee voting except that Direct Recording
Electronic Voting Systems may be used for in-person absentee
voting conducted pursuant to Section 19-2.1 of this Code. All
absentee ballots shall be counted at the central ballot
counting location office of the election authority. The
provisions of Section 24A-9, 24B-9 and 24C-9 of this Code shall
apply to the testing and notice requirements for central count
tabulation equipment, including comparing the signature on the
ballot envelope with the signature of the voter on the
permanent voter registration record card taken from the master
file. Absentee ballots other than absentee ballots voted in
person pursuant to Section 19-2.1 of this Code shall be
examined and processed pursuant to Sections 19-9 and 20-9 of
this Code. Vote results shall be recorded by precinct and shall
be added to the vote results for the precinct in which the
absent voter was eligible to vote prior to completion of the
official canvass.
    (a-5) Early voting ballots cast in accordance with Article
19A shall be counted in precincts as provided in that Article.
Early votes cast through the use of Direct Recording Electronic
Voting System devices shall be counted using the procedures of
this Article. Early votes cast by a method other than the use
of Direct Recording Electronic Voting System devices shall be
counted using the procedures of this Code for that method.
    (b) All proceedings at the location for central counting
shall be under the direction of the county clerk or board of
election commissioners. Except for any specially trained
technicians required for the operation of the Direct Recording
Electronic Voting System, the employees at the counting station
shall be equally divided between members of the 2 leading
political parties and all duties performed by the employees
shall be by teams consisting of an equal number of members of
each political party. Thirty days before an election the county
clerk or board of election commissioners shall submit to the
chairman of each political party, for his or her approval or
disapproval, a list of persons of his or her party proposed to
be employed. If a chairman fails to notify the election
authority of his or her disapproval of any proposed employee
within a period of 10 days thereafter the list shall be deemed
approved.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/24C-15)
    Sec. 24C-15. Official Return of Precinct; Check of Totals;
Audit. The precinct return printed by the Direct Recording
Electronic Voting System tabulating equipment shall include
the number of ballots cast and votes cast for each candidate
and public question and shall constitute the official return of
each precinct. In addition to the precinct return, the election
authority shall provide the number of applications for ballots
in each precinct, the total number of ballots and absentee
ballots counted in each precinct for each political subdivision
and district and the number of registered voters in each
precinct. However, the election authority shall check the
totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any
precinct, shall have the ballots for that precinct audited to
correct the return. The procedures for this audit shall apply
prior to and after the proclamation is completed; however,
after the proclamation of results, the election authority must
obtain a court order to unseal voted ballots or voting devices
except for election contests and discovery recounts. The
certificate of results, which has been prepared and signed by
the judges of election in the polling place after the ballots
have been tabulated, shall be the document used for the canvass
of votes for such precinct. Whenever a discrepancy exists
during the canvass of votes between the unofficial results and
the certificate of results, or whenever a discrepancy exists
during the canvass of votes between the certificate of results
and the set of totals reflected on the certificate of results,
the ballots for that precinct shall be audited to correct the
return.
    Prior to the proclamation, the election authority shall
test the voting devices and equipment in 5% of the precincts
within the election jurisdiction. The precincts to be tested
shall be selected after election day on a random basis by the
State Board of Elections election authority, so that every
precinct in the election jurisdiction has an equal mathematical
chance of being selected. The State Board of Elections shall
design a standard and scientific random method of selecting the
precincts that are to be tested, and the election authority
shall be required to use that method. The State central
committee State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county
chairman of each established political party and qualified
civic organizations shall be given prior written notice of the
time and place of the random selection procedure and may be
represented at the procedure.
    The test shall be conducted by counting the votes marked on
the permanent paper record of each ballot cast in the tested
precinct printed by the voting system at the time that each
ballot was cast and comparing the results of this count with
the results shown by the certificate of results prepared by the
Direct Recording Electronic Voting System in the test precinct.
The election authority shall test count these votes either by
hand or by using an automatic tabulating device other than a
Direct Recording Electronic voting device that has been
approved by the State Board of Elections for that purpose and
tested before use to ensure accuracy. The election authority
shall print the results of each test count. If any error is
detected, the cause shall be determined and corrected, and an
errorless count shall be made prior to the official canvass and
proclamation of election results. If an errorless count cannot
be conducted and there continues to be difference in vote
results between the certificate of results produced by the
Direct Recording Electronic Voting System and the count of the
permanent paper records or if an error was detected and
corrected, the election authority shall immediately prepare
and forward to the appropriate canvassing board a written
report explaining the results of the test and any errors
encountered and the report shall be made available for public
inspection.
    The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county
chairman of each established political party and qualified
civic organizations shall be given prior written notice of the
time and place of the test and may be represented at the test.
    The results of this post-election test shall be treated in
the same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
    (10 ILCS 5/24C-16)
    Sec. 24C-16. Approval of Direct Recording Electronic
Voting Systems; Requisites. The State Board of Elections shall
approve all Direct Recording Electronic Voting Systems that
fulfill the functional requirements provided by Section 24C-11
of this Code, the mandatory requirements of the federal voting
system standards pertaining to Direct Recording Electronic
Voting Systems promulgated by the Federal Election Commission
or the Election Assistance Commission, the testing
requirements of an approved independent testing authority and
the rules of the State Board of Elections.
    The State Board of Elections shall not approve any Direct
Recording Electronic Voting System that includes an external
Infrared Data Association (IrDA) communications port.
    The State Board of Elections is authorized to withdraw its
approval of a Direct Recording Electronic Voting System if the
System, once approved, fails to fulfill the above requirements.
    The vendor, person, or other private entity shall be solely
responsible for the production and cost of: all ballots;
additional temporary workers; and other equipment or
facilities needed and used in the testing of the vendor's,
person's, or other private entity's respective equipment and
software.
    No vendor, person, or other entity may sell, lease, or
loan, or have a written contract, including a contract
contingent upon State Board approval of the voting system or
voting system component, to sell, lease, or loan, a Direct
Recording Electronic Voting System or system component to any
election jurisdiction unless the system or system component is
first approved by the State Board of Elections pursuant to this
Section.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    (10 ILCS 5/19-9 rep.)
    (10 ILCS 5/19A-55 rep.)
    (10 ILCS 5/20-9 rep.)
    Section 10. The Election Code is amended by repealing
Sections 19-9, 19A-55, and 20-9.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.