093_HB1603

 
                                     LRB093 03427 JAM 06664 b

 1        AN ACT concerning elections.

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

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Sections  24B-2,  24B-6,  24B-8,  24B-9,   24B-9.1,   24B-10,
 6    24B-10.1, 24B-15, and 24B-18 as follows:

 7        (10 ILCS 5/24B-2)
 8        Sec. 24B-2.  Definitions.  As used in this Article:
 9        "Computer",    "automatic    tabulating   equipment"   or
10    "equipment" includes  apparatus  necessary  to  automatically
11    examine  and  count  votes as designated on ballots, and data
12    processing machines which can be used  for  counting  ballots
13    and tabulating results.
14        "Ballot" means paper ballot sheets.
15        "Ballot  configuration"  means the particular combination
16    of  political  subdivision  ballots   including,   for   each
17    political subdivision, the particular combination of offices,
18    candidate names and questions as it appears for each group of
19    voters who may cast the same ballot.
20        "Ballot  sheet"  means  a  paper ballot printed on one or
21    both sides which is (1) designed and  prepared  so  that  the
22    voter  may  indicate  his  or  her votes in designated areas,
23    which must be areas clearly printed or  otherwise  delineated
24    for  such  purpose, and (2) capable of having votes marked in
25    the designated areas  automatically  examined,  counted,  and
26    tabulated by an electronic scanning process.
27        "Central  counting"  means the counting of ballots in one
28    or more locations selected by the election authority for  the
29    processing  or counting, or both, of ballots.  A location for
30    central counting shall be within the territorial jurisdiction
31    of  the  election  authority  unless  there  is  no  suitable
 
                            -2-      LRB093 03427 JAM 06664 b
 1    tabulating  equipment  available   within   his   territorial
 2    jurisdiction.    However,  in  any  event a counting location
 3    shall be within this State.
 4        "Computer  operator"  means   any   person   or   persons
 5    designated by the election authority to operate the automatic
 6    tabulating  equipment during any portion of the vote tallying
 7    process in an election,  but  shall  not  include  judges  of
 8    election operating vote tabulating equipment in the precinct.
 9        "Computer   program"   or  "program"  means  the  set  of
10    operating instructions for the automatic tabulating equipment
11    that examines, counts, tabulates, canvasses and prints  votes
12    recorded by a voter on a ballot.
13        "Edit  listing" means a computer generated listing of the
14    names of each candidate and proposition as they appear in the
15    program for each precinct.
16        "Header sheet" means a data processing document which  is
17    coded  to  indicate  to the computer the precinct identity of
18    the ballots that will follow immediately and may indicate  to
19    the computer how such ballots are to be tabulated.
20        "In-precinct  counting"  means the counting of ballots on
21    automatic  tabulating  equipment  provided  by  the  election
22    authority in the same precinct polling place in  which  those
23    ballots have been cast.
24        "Marking  device"  means a pen, computer, or other device
25    or similar device approved by the State  Board  of  Elections
26    for marking, or causing to be marked, a paper ballot with ink
27    or  other  substance  which  will  enable  the  ballot  to be
28    tabulated  by  automatic  tabulating  equipment  or   by   an
29    electronic scanning process.
30        "Precinct  Tabulation  Optical Scan Technology" means the
31    capability to examine a ballot through electronic  means  and
32    tabulate the votes at one or more counting places.
33        "Redundant  count"  means  a verification of the original
34    computer count by another count using compatible equipment or
 
                            -3-      LRB093 03427 JAM 06664 b
 1    by hand as part of a discovery recount.
 2        "Security designation" means a printed designation placed
 3    on a ballot to identify to the computer program  the  offices
 4    and  propositions for which votes may be cast and to indicate
 5    the manner in which votes  cast  should  be  tabulated  while
 6    negating any inadmissible votes.
 7        "Separate ballot", with respect to ballot sheets, means a
 8    separate portion of the ballot sheet which is clearly defined
 9    by a border or borders or shading.
10        "Specimen  ballot"  means  a  representation  of names of
11    offices and candidates and statements of measures to be voted
12    on which will appear on the official ballot or marking device
13    on election day. The specimen ballot also contains the  party
14    and position number where applicable.
15        "Voting  defect  identification"  means the capability to
16    detect overvoted ballots or ballots which cannot be  read  by
17    the automatic tabulating equipment.
18        "Voting  defects"  means an overvoted ballot, or a ballot
19    which cannot be read by the automatic tabulating equipment.
20        "Voting system" or "electronic voting system" means  that
21    combination  of  equipment  and programs used in the casting,
22    examination and tabulation of ballots and the cumulation  and
23    reporting of results by electronic means.
24    (Source: P.A. 89-394, eff. 1-1-97.)

25        (10 ILCS 5/24B-6)
26        Sec.  24B-6.  Ballot Information; Arrangement; Electronic
27    Precinct Tabulation Optical Scan  Technology  Voting  System;
28    Absentee  Ballots;  Spoiled Ballots.  The ballot information,
29    shall, as far as practicable, be in the order of  arrangement
30    provided  for  paper ballots, except that the information may
31    be in vertical or horizontal rows, or on a number of separate
32    pages or displays on the marking  device.   Ballots  for  all
33    questions  or  propositions to be voted on should be provided
 
                            -4-      LRB093 03427 JAM 06664 b
 1    in a similar manner and must be arranged on the ballot  sheet
 2    or  marking  device in the places provided for such purposes.
 3    Ballots shall be of white paper unless provided otherwise  by
 4    administrative  rule  of  the  State  Board  of  Elections or
 5    otherwise specified.
 6        All  propositions,   including   but   not   limited   to
 7    propositions   calling   for   a  constitutional  convention,
 8    constitutional  amendment,  judicial  retention,  and  public
 9    measures to  be  voted  upon  shall  be  placed  on  separate
10    portions  of  the ballot sheet or marking device by utilizing
11    borders or grey screens.  Candidates shall  be  listed  on  a
12    separate  portion  of  the  ballot sheet or marking device by
13    utilizing borders or grey screens.  Below  the  name  of  the
14    last  candidate  listed  for  an  office  shall be printed or
15    displayed a line or lines on which the  voter  may  select  a
16    write-in  candidate. Such line or lines shall be proximate to
17    the name of a candidate or candidates may be written  by  the
18    voter,  and proximate to such lines an area shall be provided
19    for marking votes for the write-in candidate  or  candidates.
20    The  number  of  write-in lines for an office shall equal the
21    number of candidates for which a voter may  vote.  More  than
22    one  amendment  to the constitution may be placed on the same
23    portion of the ballot sheet or marking device. Constitutional
24    convention or constitutional amendment propositions shall  be
25    printed  or  displayed  on  a  separate portion of the ballot
26    sheet or marking device and designated  by  borders  or  grey
27    screens,  unless otherwise provided by administrative rule of
28    the State Board of Elections.  More than one  public  measure
29    or  proposition  may  be  placed  on  the same portion of the
30    ballot sheet or marking device.  More  than  one  proposition
31    for  retention  of judges in office may be placed on the same
32    portion of the ballot  sheet  or  marking  device.  Names  of
33    candidates  shall  be printed in black. The party affiliation
34    of each candidate or the word "independent" shall appear near
 
                            -5-      LRB093 03427 JAM 06664 b
 1    or under the candidate's name, and the  names  of  candidates
 2    for  the  same  office  shall  be listed vertically under the
 3    title of that  office,  on  separate  pages  of  the  marking
 4    device,  or  as  otherwise  approved  by  the  State Board of
 5    Elections.  In the case of nonpartisan elections for officers
 6    of political subdivisions, unless the statute or an ordinance
 7    adopted pursuant to Article VII of the Constitution  requires
 8    otherwise,  the  listing  of nonpartisan candidates shall not
 9    include any  party  or  "independent"  designation.  Judicial
10    retention  questions  and  ballot  questions  for  all public
11    measures  and  other  propositions  shall  be  designated  by
12    borders or grey screens on  the  ballot  or  marking  device.
13    Judicial  retention ballots shall be designated by borders or
14    grey screens.  Ballots for  all  public  measures  and  other
15    propositions  shall be designated by borders or grey screens.
16    In primary elections, a separate ballot, or displays  on  the
17    marking  device,  shall  be  used  for  each  political party
18    holding a primary, with the ballot or marking device arranged
19    to include names of the candidates of the  party  and  public
20    measures  and  other propositions to be voted upon on the day
21    of the primary election.
22        If the ballot includes both  candidates  for  office  and
23    public  measures or propositions to be voted on, the election
24    official in charge of the election shall divide the ballot or
25    displays on the marking device in sections  for  "Candidates"
26    and "Propositions", or separate ballots may be used.
27        Absentee  ballots may consist of envelopes, paper ballots
28    or ballot sheets  voted  in  person  in  the  office  of  the
29    election official in charge of the election or voted by mail.
30    Where a Precinct Tabulation Optical Scan Technology ballot is
31    used  for  voting  by  mail  it  must be accompanied by voter
32    instructions.
33        Any voter who spoils his or her ballot, makes  an  error,
34    or   has  a  ballot  returned  by  the  automatic  tabulating
 
                            -6-      LRB093 03427 JAM 06664 b
 1    equipment may return the ballot to the judges of election and
 2    get another ballot.
 3    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

 4        (10 ILCS 5/24B-8)
 5        Sec. 24B-8.  Preparation for Use; Comparison of  Ballots;
 6    Operational  Checks  of Automatic Precinct Tabulation Optical
 7    Scan  Technology  Tabulating  Equipment;  Pollwatchers.   The
 8    county clerk or board of election commissioners  shall  cause
 9    the  approved  marking devices to be delivered to the polling
10    places.  Before the  opening  of  the  polls  the  judges  of
11    election shall compare the ballots or displays on the marking
12    device  used with the specimen ballots furnished and see that
13    the names,  numbers  and  letters  thereon  agree  and  shall
14    certify  thereto  on  forms  provided  by the county clerk or
15    board of election commissioners.
16        In addition, in those polling  places  where  in-precinct
17    Precinct   Tabulation   Optical   Scan   Technology  counting
18    equipment is utilized, the judges of election shall  make  an
19    operational   check  of  the  automatic  Precinct  Tabulation
20    Optical  Scan  Technology  tabulating  equipment  before  the
21    opening of the polls.  The judges of  election  shall  ensure
22    that  the  totals  are  all zeroes in the count column on the
23    Precinct Tabulation Optical Scan Technology unit.
24        Pollwatchers as provided by law  shall  be  permitted  to
25    closely  observe  the  judges  in  these  procedures  and  to
26    periodically  inspect  the  Precinct  Tabulation Optical Scan
27    Technology equipment when not in use by the voters.
28    (Source: P.A. 89-394, eff. 1-1-97.)

29        (10 ILCS 5/24B-9)
30        Sec. 24B-9.  Testing of Precinct Tabulation Optical  Scan
31    Technology  Equipment  and Program; Custody of Programs, Test
32    Materials  and  Ballots.   Prior  to  the  public  test,  the
 
                            -7-      LRB093 03427 JAM 06664 b
 1    election authority shall conduct an errorless pre-test of the
 2    automatic  Precinct  Tabulation   Optical   Scan   Technology
 3    tabulating  equipment  and  program  and  marking  device  to
 4    determine  that they will correctly detect Voting Defects and
 5    count the votes cast for all offices and all measures. On any
 6    day not less than 5 days  prior  to  the  election  day,  the
 7    election authority shall publicly test the automatic Precinct
 8    Tabulation  Optical  Scan Technology tabulating equipment and
 9    program to determine that they will correctly  detect  Voting
10    Defects  and  count the votes cast for all offices and on all
11    measures.  Public notice of the time and place  of  the  test
12    shall  be  given  at  least  48  hours  before  the  test  by
13    publishing  the  notice  in one or more newspapers within the
14    election  jurisdiction  of  the  election  authority,  if   a
15    newspaper  is  published in that jurisdiction. If a newspaper
16    is not  published  in  that  jurisdiction,  notice  shall  be
17    published  in  a  newspaper  of  general  circulation in that
18    jurisdiction.  Timely written notice stating the date,  time,
19    and location of the public test shall also be provided to the
20    State  Board  of  Elections.   The  test  shall  be  open  to
21    representatives   of   the   political  parties,  the  press,
22    representatives of the State  Board  of  Elections,  and  the
23    public.    The  test  shall  be  conducted  by  processing  a
24    preaudited group of ballots marked to record a  predetermined
25    number of valid votes for each candidate and on each measure,
26    and  shall include for each office one or more ballots having
27    votes exceeding the number allowed by law to test the ability
28    of the automatic tabulating equipment or  marking  device  to
29    reject  the  votes.  The test shall also include producing an
30    edit  listing.   In  those   election   jurisdictions   where
31    in-precinct counting equipment is used, a public test of both
32    the  equipment  and  program  shall be conducted as nearly as
33    possible in the manner prescribed above.  The State Board  of
34    Elections  may  select  as many election jurisdictions as the
 
                            -8-      LRB093 03427 JAM 06664 b
 1    Board deems  advisable  in  the  interests  of  the  election
 2    process  of  this  State,  to  order  a  special  test of the
 3    automatic tabulating equipment and program before any regular
 4    election.  The Board may order a special test in any election
 5    jurisdiction where, during the preceding 12 months,  computer
 6    programming  errors  or other errors in the use of electronic
 7    voting systems resulted in vote tabulation errors.  Not  less
 8    than  30  days  before  any  election,  the  State  Board  of
 9    Elections  shall  provide  written  notice  to those selected
10    jurisdictions of their intent to conduct a  test.   Within  5
11    days  of  receipt  of  the  State Board of Elections' written
12    notice  of  intent  to   conduct   a   test,   the   selected
13    jurisdictions  shall  forward  to the principal office of the
14    State Board of Elections a copy of all specimen ballots.  The
15    State Board  of  Elections'  tests  shall  be  conducted  and
16    completed  not  less  than  2  days  before  the  public test
17    utilizing testing materials supplied by the Board  and  under
18    the  supervision  of the Board, and the Board shall reimburse
19    the election authority for the reasonable  cost  of  computer
20    time   required  to  conduct  the  special  test.   After  an
21    errorless test, materials used in the public test,  including
22    the  program,  if  appropriate,  shall  be  sealed and remain
23    sealed  until the test is run again on election day.  If  any
24    error is detected, the cause of the error shall be determined
25    and  corrected,  and  an  errorless public test shall be made
26    before the automatic tabulating equipment is approved.   Each
27    election  authority  shall  file a sealed copy of each tested
28    program to be used within its  jurisdiction  at  an  election
29    with  the  State Board of Elections before the election.  The
30    Board shall secure the program or programs of  each  election
31    jurisdiction so filed in its office for the 60 days following
32    the  canvass  and  proclamation  of election results.  At the
33    expiration of that time, if no election contest or appeal  is
34    pending  in  an election jurisdiction, the Board shall return
 
                            -9-      LRB093 03427 JAM 06664 b
 1    the sealed program or programs to the election  authority  of
 2    the   jurisdiction.    Except   where   in-precinct  counting
 3    equipment is used, the test  shall  be  repeated  immediately
 4    before  the start of the official counting of the ballots, in
 5    the same manner as set forth above.  After the completion  of
 6    the  count,  the test shall be re-run using the same program.
 7    Immediately after the re-run, all material  used  in  testing
 8    the  program  and  the  programs shall be sealed and retained
 9    under the custody of the election authority for a  period  of
10    60  days.   At  the  expiration  of  that  time  the election
11    authority shall destroy the voted ballots, together with  all
12    unused ballots returned from the precincts.  Provided, if any
13    contest  of  election  is  pending  at  the time in which the
14    ballots  may  be  required  as  evidence  and  the   election
15    authority  has  notice  of the contest, the same shall not be
16    destroyed until after the contest is finally determined.   If
17    the  use  of  back-up  equipment  becomes necessary, the same
18    testing  required  for  the  original  equipment   shall   be
19    conducted.
20    (Source: P.A. 89-394, eff. 1-1-97.)

21        (10 ILCS 5/24B-9.1)
22        Sec.   24B-9.1.    Examination  of  Votes  by  Electronic
23    Precinct Tabulation Optical Scan Technology Scanning Process.
24    Whenever  a  Precinct  Tabulation  Optical  Scan   Technology
25    process  is used to automatically examine and count the votes
26    on ballot sheets, the provisions of this Section shall apply.
27    A voter shall cast a proper vote on a ballot sheet by  making
28    a  mark, or causing a mark to be made, in the designated area
29    for the casting of a vote for any party or candidate  or  for
30    or  against  any proposition.  For this purpose, a mark is an
31    intentional darkening of the designated area  on  the  ballot
32    sheet, and not an identifying mark.
33        The  election authority shall provide an envelope, sleeve
 
                            -10-     LRB093 03427 JAM 06664 b
 1    or other device to each voter so the voter  can  deliver  the
 2    voted  ballot  sheet to the counting equipment and ballot box
 3    without the votes indicated on the ballot sheet being visible
 4    to other persons in the polling place.
 5    (Source: P.A. 89-394, eff. 1-1-97.)

 6        (10 ILCS 5/24B-10)
 7        Sec. 24B-10.  Receiving, Counting, Tallying and Return of
 8    Ballots; Acceptance of Ballots by Election Authority.
 9        (a)  In an election jurisdiction  which  has  adopted  an
10    electronic Precinct Tabulation Optical Scan Technology voting
11    system, the election official in charge of the election shall
12    select  one  of  the  3  following  procedures for receiving,
13    counting, tallying, and return of the ballots:
14             (1)  Two ballot boxes shall  be  provided  for  each
15        polling   place.    The  first  ballot  box  is  for  the
16        depositing of votes cast on the electronic voting system;
17        and the second ballot box is for all votes cast on  other
18        ballots,  including  absentee paper ballots and any other
19        paper ballots required to be  voted  other  than  on  the
20        Precinct  Tabulation  Optical  Scan Technology electronic
21        voting system.   Ballots,  except  absentee  ballots  for
22        candidates  and  propositions  which  are  listed  on the
23        Precinct Tabulation Optical  Scan  Technology  electronic
24        voting  system,  deposited in the second ballot box shall
25        be  counted,  tallied,  and  returned  as  is   elsewhere
26        provided  in  this  Code for the counting and handling of
27        paper ballots.  Immediately  after  the  closing  of  the
28        polls  the  absentee  ballots  delivered  to the precinct
29        judges of election by the election official in charge  of
30        the  election  shall  be  examined  to determine that the
31        ballots comply with Sections 19-9 and 20-9 of  this  Code
32        and  are  entitled  to  be  inserted  into  the  counting
33        equipment  and  deposited  into  the ballot box provided;
 
                            -11-     LRB093 03427 JAM 06664 b
 1        those entitled to be deposited in this ballot  box  shall
 2        be  initialed  by  the  precinct  judges  of election and
 3        deposited. Those not entitled to  be  deposited  in  this
 4        ballot  box shall be marked "Rejected" and disposed of as
 5        provided in Sections 19-9 and 20-9.  The precinct  judges
 6        of  election  shall  then  open the second ballot box and
 7        examine all paper  absentee  ballots  which  are  in  the
 8        ballot box to determine whether the absentee ballots bear
 9        the  initials  of  a  precinct judge of election.  If any
10        absentee ballot is not so initialed, it shall  be  marked
11        on the back "Defective", initialed as to the label by all
12        judges  immediately  under  the word "Defective", and not
13        counted, but placed in the  envelope  provided  for  that
14        purpose labeled "Defective Ballots Envelope".  The judges
15        of  election,  consisting  in  each  case of at least one
16        judge of election  of  each  of  the  2  major  political
17        parties,  shall  examine the paper absentee ballots which
18        were  in  such  ballot  box  and  properly  initialed  to
19        determine  whether  the  same  contain  write-in   votes.
20        Write-in  votes,  not  causing  an overvote for an office
21        otherwise voted for on the  paper  absentee  ballot,  and
22        otherwise  properly  voted, shall be counted, tallied and
23        recorded on the tally sheet provided for the  record.   A
24        write-in vote causing an overvote for an office shall not
25        be counted for that office, but the precinct judges shall
26        mark such paper absentee ballot "Objected To" on the back
27        and  write  on its back the manner in which the ballot is
28        counted and initial the same.  An overvote for one office
29        shall  invalidate  only  the  vote  or  count   of   that
30        particular   office.    After   counting,   tallying  and
31        recording the write-in votes  on  absentee  ballots,  the
32        judges  of  election, consisting in each case of at least
33        one judge of election of each of the  2  major  political
34        parties,  shall  make  a  true  duplicate  ballot  of the
 
                            -12-     LRB093 03427 JAM 06664 b
 1        remaining valid votes on each paper absentee ballot which
 2        was in the ballot box and properly  initialed,  by  using
 3        the   electronic   Precinct   Tabulation   Optical   Scan
 4        Technology  voting system used in the precinct and one of
 5        the marking devices,  or  equivalent  marking  device  or
 6        equivalent  ballot,  of  the  precinct  to  transfer  the
 7        remaining  valid votes of the voter on the paper absentee
 8        ballot to an official ballot or a  ballot  card  of  that
 9        kind used in the precinct at that election.  The original
10        paper  absentee ballot shall be clearly labeled "Absentee
11        Ballot"  and  the  ballot  card  so  produced  "Duplicate
12        Absentee Ballot", and each shall  bear  the  same  serial
13        number  which  shall  be  placed thereon by the judges of
14        election,  beginning  with  number   1   and   continuing
15        consecutively  for  the  ballots  of  that  kind  in that
16        precinct.  The  judges  of  election  shall  initial  the
17        "Duplicate  Absentee Ballot" ballots and shall place them
18        in the first  ballot  box  provided  for  return  of  the
19        ballots to be counted at the central counting location in
20        lieu  of  the paper absentee ballots.  The paper absentee
21        ballots shall be placed in an envelope provided for  that
22        purpose labeled "Duplicate Ballots".
23             As  soon as the absentee ballots have been deposited
24        in the first ballot box, the  judges  of  election  shall
25        make  out  a  slip  indicating  the number of persons who
26        voted in the precinct at the election.  The slip shall be
27        signed by  all  the  judges  of  election  and  shall  be
28        inserted  by them in the first ballot box.  The judges of
29        election  shall  thereupon  immediately  lock  the  first
30        ballot box; provided, that if the box is not  of  a  type
31        which  may  be  securely  locked, the box shall be sealed
32        with filament tape provided for the purpose that shall be
33        wrapped around the box lengthwise and crosswise, at least
34        twice each way, and in a manner that the seal  completely
 
                            -13-     LRB093 03427 JAM 06664 b
 1        covers the slot in the ballot box, and each of the judges
 2        shall  sign  the seal.  Two of the judges of election, of
 3        different political parties, shall  by  the  most  direct
 4        route   transport  both  ballot  boxes  to  the  counting
 5        location designated by  the  county  clerk  or  board  of
 6        election commissioners.
 7             Before  the  ballots  of  a  precinct are fed to the
 8        electronic Precinct Tabulation  Optical  Scan  Technology
 9        tabulating  equipment,  the  first  ballot  box  shall be
10        opened at the central counting station by the 2  precinct
11        transport  judges.   Upon  opening a ballot box, the team
12        shall first count the number of ballots in the box.  If 2
13        or more are folded together to appear to have  been  cast
14        by  the  same  person, all of the ballots folded together
15        shall be marked and returned with the  other  ballots  in
16        the same condition, as near as may be, in which they were
17        found  when  first  opened, but shall not be counted.  If
18        the remaining ballots are found to exceed the  number  of
19        persons  voting  in  the  precinct  as  shown by the slip
20        signed by the judges of election, the  ballots  shall  be
21        replaced  in  the box, and the box closed and well shaken
22        and again opened and one of the precinct transport judges
23        shall publicly draw out so many ballots unopened  as  are
24        equal to the excess.
25             The  excess  ballots  shall  be  marked  "Excess-Not
26        Counted"  and  signed  by the 2 precinct transport judges
27        and shall be placed in the  "After  7:00  p.m.  Defective
28        Ballots Envelope".  The number of excess ballots shall be
29        noted  in  the  remarks  section  of  the  Certificate of
30        Results.  "Excess" ballots shall not be  counted  in  the
31        total of "defective" ballots.
32             The precinct transport judges shall then examine the
33        remaining  ballots for write-in votes and shall count and
34        tabulate the write-in vote.
 
                            -14-     LRB093 03427 JAM 06664 b
 1             (2)  A single ballot box, for  the  deposit  of  all
 2        votes  cast, shall be used.  All ballots which are not to
 3        be tabulated on the electronic  voting  system  shall  be
 4        counted,  tallied,  and returned as elsewhere provided in
 5        this Code for the counting and handling of paper ballots.
 6             All ballots to be processed and tabulated  with  the
 7        electronic  Precinct  Tabulation  Optical Scan Technology
 8        voting system shall be processed as follows:
 9             Immediately after  the  closing  of  the  polls  the
10        absentee  ballots  delivered  to  the  precinct judges of
11        election by  the  election  official  in  charge  of  the
12        election shall be examined to determine that such ballots
13        comply  with  Sections 19-9 and 20-9 of this Code and are
14        entitled  to  be  deposited  in  the  ballot  box;  those
15        entitled to be deposited  in  the  ballot  box  shall  be
16        initialed   by   the  precinct  judges  of  election  and
17        deposited in the ballot box.  Those not  entitled  to  be
18        deposited  in  the  ballot box shall be marked "Rejected"
19        and disposed of as provided in Sections  19-9  and  20-9.
20        The  precinct  judges  of  election  then  shall open the
21        ballot box and canvass the votes polled to determine that
22        the number of ballots agree with  the  number  of  voters
23        voting as shown by the applications for ballot, or if the
24        same  do not agree the judges of election shall make such
25        ballots agree with the applications  for  ballot  in  the
26        manner  provided  by  Section  17-18  of  this Code.  The
27        judges of election shall then examine all paper  absentee
28        ballots  and ballot envelopes which are in the ballot box
29        to determine whether the  ballots  and  ballot  envelopes
30        bear  the  initials  of a precinct judge of election.  If
31        any ballot or ballot  envelope is not initialed, it shall
32        be marked on the back "Defective", initialed  as  to  the
33        label   by   all   judges   immediately  under  the  word
34        "Defective", and not counted, but placed in the  envelope
 
                            -15-     LRB093 03427 JAM 06664 b
 1        provided  for  that  purpose  labeled  "Defective Ballots
 2        Envelope".  The judges of election,  consisting  in  each
 3        case  of  at least one judge of election of each of the 2
 4        major political parties, shall examine the paper absentee
 5        ballots  which  were  in  the  ballot  box  and  properly
 6        initialed to determine whether the same contain  write-in
 7        votes.   Write-in  votes,  not causing an overvote for an
 8        office otherwise voted for on the paper absentee  ballot,
 9        and  otherwise  properly voted, shall be counted, tallied
10        and recorded on the tally sheet provided for the  record.
11        A  write-in  vote causing an overvote for an office shall
12        not be counted for that office, but the  precinct  judges
13        shall mark the paper absentee ballot "Objected To" on the
14        back  and  write  on  its  back  the manner the ballot is
15        counted and initial the same.  An overvote for one office
16        shall  invalidate  only  the  vote  or  count   of   that
17        particular   office.    After   counting,   tallying  and
18        recording the write-in votes  on  absentee  ballots,  the
19        judges  of  election, consisting in each case of at least
20        one judge of election of each of the  2  major  political
21        parties,  shall  make  a  true  duplicate  ballot  of the
22        remaining valid votes on each paper absentee ballot which
23        was in the ballot box and properly  initialed,  by  using
24        the electronic voting system used in the precinct and one
25        of  the  marking  devices of the precinct to transfer the
26        remaining valid votes of the voter on the paper  absentee
27        ballot  to  an  official ballot  of that kind used in the
28        precinct at that election.  The original  paper  absentee
29        ballot shall be clearly labeled "Absentee Ballot" and the
30        ballot  so produced "Duplicate Absentee Ballot", and each
31        shall bear the same serial number which shall  be  placed
32        thereon by the judges of election, commencing with number
33        1  and  continuing  consecutively for the ballots of that
34        kind in that precinct.   The  judges  of  election  shall
 
                            -16-     LRB093 03427 JAM 06664 b
 1        initial the "Duplicate Absentee Ballot" ballots and shall
 2        place  them in the box for return of the ballots with all
 3        other ballots to  be  counted  at  the  central  counting
 4        location  in  lieu  of  the  paper absentee ballots.  The
 5        paper absentee ballots shall be  placed  in  an  envelope
 6        provided for that purpose labeled "Duplicate Ballots".
 7             In case of an overvote for any office, the judges of
 8        election,  consisting  in each case of at least one judge
 9        of election of each of the  2  major  political  parties,
10        shall  make  a  true duplicate ballot of all votes on the
11        ballot except for the office which is overvoted, by using
12        the ballot  of  the  precinct  and  one  of  the  marking
13        devices,  or  equivalent, of the precinct to transfer all
14        votes of the voter except for the office overvoted, to an
15        official ballot of that kind used in the precinct at that
16        election.  The original ballot upon  which  there  is  an
17        overvote shall be clearly labeled "Overvoted Ballot", and
18        each  shall  bear  the  same serial number which shall be
19        placed thereon by the judges of election, beginning  with
20        number  1 and continuing consecutively for the ballots of
21        that kind in that precinct.  The judges of election shall
22        initial the  "Duplicate  Overvoted  Ballot"  ballots  and
23        shall  place  them  in the box for return of the ballots.
24        The "Overvoted Ballot" ballots shall  be  placed  in  the
25        "Duplicate  Ballots"  envelope.   The  ballots except any
26        defective or overvoted ballot shall be placed  separately
27        in  the  box  for  return  of the ballots, along with all
28        "Duplicate Absentee Ballots",  and  "Duplicate  Overvoted
29        Ballots".   The  judges  of  election  shall  examine the
30        ballots to determine if any is damaged  or  defective  so
31        that  it  cannot  be  counted by the automatic tabulating
32        equipment.  If any ballot is damaged or defective so that
33        it cannot properly be counted by the automatic tabulating
34        equipment, the judges of  election,  consisting  in  each
 
                            -17-     LRB093 03427 JAM 06664 b
 1        case  of  at least one judge of election of each of the 2
 2        major political parties,  shall  make  a  true  duplicate
 3        ballot of all votes on such ballot by using the ballot of
 4        the   precinct   and  one  of  the  marking  devices,  or
 5        equivalent, of the precinct.   The  original  ballot  and
 6        ballot envelope shall be clearly labeled "Damaged Ballot"
 7        and  the  ballot  so produced "Duplicate Damaged Ballot",
 8        and each shall bear the same number which shall be placed
 9        thereon by the judges of election, commencing with number
10        1 and continuing consecutively for the  ballots  of  that
11        kind  in  the  precinct.   The  judges  of election shall
12        initial the "Duplicate Damaged Ballot" ballot  and  shall
13        place  them  in  the  box for return of the ballots.  The
14        "Damaged  Ballot"  ballots    shall  be  placed  in   the
15        "Duplicated  Ballots"  envelope.   A  slip indicating the
16        number of voters voting in  person,  number  of  absentee
17        votes  deposited  in the ballot box, and the total number
18        of voters of the precinct who voted at the election shall
19        be made out,  signed  by  all  judges  of  election,  and
20        inserted in the box for return of the ballots.  The tally
21        sheets  recording  the  write-in votes shall be placed in
22        this box.   The  judges  of  election  immediately  shall
23        securely  lock  the  ballot  box  or  other  suitable box
24        furnished for return  of  the  ballots  by  the  election
25        official  in charge of the election; provided that if the
26        box is not of a type which may be  securely  locked,  the
27        box  shall  be sealed with filament tape provided for the
28        purpose which shall be wrapped around the box  lengthwise
29        and  crosswise,  at  least  twice  each  way.  A separate
30        adhesive seal label signed  by  each  of  the  judges  of
31        election  of  the precinct shall be affixed to the box to
32        cover any slot therein and to identify  the  box  of  the
33        precinct;  and if the box is sealed with filament tape as
34        provided rather than locked, such tape shall  be  wrapped
 
                            -18-     LRB093 03427 JAM 06664 b
 1        around  the  box as provided, but in such manner that the
 2        separate adhesive seal  label  affixed  to  the  box  and
 3        signed  by the judges may not be removed without breaking
 4        the filament tape and disturbing  the  signature  of  the
 5        judges.   Two  of  the  judges  of election, of different
 6        major political parties, shall by the most  direct  route
 7        transport  the box for return of the ballots and enclosed
 8        ballots and returns  to  the  central  counting  location
 9        designated  by  the  election  official  in charge of the
10        election.  If, however, because of the lack  of  adequate
11        parking  facilities  at  the central counting location or
12        for any other reason, it is impossible  or  impracticable
13        for the boxes from all the polling places to be delivered
14        directly  to  the central counting location, the election
15        official in charge of the  election  may  designate  some
16        other  location  to which the boxes shall be delivered by
17        the 2 precinct judges.  While at the other  location  the
18        boxes  shall  be  in  the care and custody of one or more
19        teams, each consisting of 4 persons, 2 from each of the 2
20        major political parties, designated for such  purpose  by
21        the   election  official  in  charge  of  elections  from
22        recommendations  by  the  appropriate   political   party
23        organizations.   As  soon as possible, the boxes shall be
24        transported  from  the  other  location  to  the  central
25        counting location by one or more teams,  each  consisting
26        of  4  persons,  2  from  each  of  the 2 major political
27        parties, designated  for  the  purpose  by  the  election
28        official  in  charge of elections from recommendations by
29        the appropriate political party organizations.
30             The "Defective Ballots"  envelope,  and  "Duplicated
31        Ballots"  envelope  each shall be securely sealed and the
32        flap or end of  each  envelope  signed  by  the  precinct
33        judges  of  election and returned to the central counting
34        location with the box for return of the ballots, enclosed
 
                            -19-     LRB093 03427 JAM 06664 b
 1        ballots and returns.
 2             At the central counting location, a  team  of  tally
 3        judges  designated  by the election official in charge of
 4        the election shall check the box returned containing  the
 5        ballots to determine that all seals are intact, and shall
 6        open  the  box,  check  the  voters' slip and compare the
 7        number of ballots so delivered against the  total  number
 8        of  voters  of the precinct who voted, remove the ballots
 9        and  deliver  them  to  the  technicians  operating   the
10        automatic   tabulating   equipment.    Any  discrepancies
11        between the number of ballots and total number of  voters
12        shall  be noted on a sheet furnished for that purpose and
13        signed by the tally judges.
14             (3)  A single ballot box, for  the  deposit  of  all
15        votes cast, shall be used.  Immediately after the closing
16        of  the  polls  the  judges of election shall examine the
17        absentee ballots  received  by  the  precinct  judges  of
18        election  from  the  election authority of voters in that
19        precinct  to  determine  that  they   comply   with   the
20        provisions  of  Sections 19-9, 20-8 and 20-9 of this Code
21        and are entitled to be deposited in the ballot box; those
22        entitled to be deposited  in  the  ballot  box  shall  be
23        initialed  by  the  precinct  judges and deposited in the
24        ballot box.  Those not entitled to be  deposited  in  the
25        ballot  box,  in  accordance with Sections 19-9, 20-8 and
26        20-9 of  this  Code    shall  be  marked  "Rejected"  and
27        preserved  in  the  manner  provided in this Code for the
28        retention and preservation of official  ballots  rejected
29        at such election.  Immediately upon the completion of the
30        absentee balloting, the precinct judges of election shall
31        securely  lock  the ballot box; provided that if such box
32        is not of a type which may be securely  locked,  the  box
33        shall  be  sealed  with  filament  tape  provided for the
34        purpose which shall be wrapped around the box  lengthwise
 
                            -20-     LRB093 03427 JAM 06664 b
 1        and  crosswise,  at  least  twice  each  way.  A separate
 2        adhesive seal label signed  by  each  of  the  judges  of
 3        election  of  the precinct shall be affixed to the box to
 4        cover any slot therein and to identify  the  box  of  the
 5        precinct;  and if the box is sealed with filament tape as
 6        provided rather than locked, such tape shall  be  wrapped
 7        around  the  box  as  provided,  but in a manner that the
 8        separate adhesive seal  label  affixed  to  the  box  and
 9        signed  by the judges may not be removed without breaking
10        the filament tape and disturbing  the  signature  of  the
11        judges.    Two  of  the  judges of election, of different
12        major political parties, shall by the most  direct  route
13        transport  the box for return of the ballots and enclosed
14        absentee ballots and  returns  to  the  central  counting
15        location designated by the election official in charge of
16        the  election.   If  however,  because  of  the  lack  of
17        adequate  parking  facilities  at  the  central  counting
18        location  or  for  some other reason, it is impossible or
19        impracticable for the boxes from all the  polling  places
20        to   be   delivered  directly  to  the  central  counting
21        location, the election official in charge of the election
22        may designate some other  location  to  which  the  boxes
23        shall  be  delivered  by the 2 precinct judges.  While at
24        the other location the boxes shall be  in  the  care  and
25        custody  of  one  or  more  teams,  each  consisting of 4
26        persons, 2 from each of the 2  major  political  parties,
27        designated  for  the  purpose by the election official in
28        charge  of  elections   from   recommendations   by   the
29        appropriate  political  party  organizations.  As soon as
30        possible, the boxes shall be transported from  the  other
31        location  to the central counting location by one or more
32        teams, each consisting of 4 persons, 2 from each of the 2
33        major political parties, designated for  the  purpose  by
34        the  election  official  in  charge  of the election from
 
                            -21-     LRB093 03427 JAM 06664 b
 1        recommendations  by  the  appropriate   political   party
 2        organizations.
 3             At  the central counting location there shall be one
 4        or more teams  of  tally  judges  who  possess  the  same
 5        qualifications  as tally judges in election jurisdictions
 6        using paper ballots.  The number of the  teams  shall  be
 7        determined  by  the  election authority.  Each team shall
 8        consist of 5 tally judges, 3 selected and approved by the
 9        county board from  a  certified  list  furnished  by  the
10        chairman  of  the  county  central committee of the party
11        with the majority of members on the county  board  and  2
12        selected   and  approved  by  the  county  board  from  a
13        certified list furnished by the chairman  of  the  county
14        central  committee  of  the party with the second largest
15        number of members on the county board.   At  the  central
16        counting  location  a team of tally judges shall open the
17        ballot box and canvass the votes polled to determine that
18        the number of ballot sheets therein agree with the number
19        of voters voting as shown by the applications for  ballot
20        and  for  absentee ballot; and, if the same do not agree,
21        the tally judges shall make such ballots agree  with  the
22        number  of applications for ballot in the manner provided
23        by Section 17-18 of this Code.  The  tally  judges  shall
24        then examine all ballot sheets that are in the ballot box
25        to  determine  whether  they  bear  the  initials  of the
26        precinct  judge  of  election.   If  any  ballot  is  not
27        initialed, it shall be marked on  the  back  "Defective",
28        initialed   as   to   that  label  by  all  tally  judges
29        immediately under the word "Defective", and not  counted,
30        but  placed  in  the  envelope  provided for that purpose
31        labeled "Defective Ballots  Envelope".   Write-in  votes,
32        not causing an overvote for an office otherwise voted for
33        on  the  absentee  ballot  sheet,  and otherwise properly
34        voted, shall be counted, tallied,  and  recorded  by  the
 
                            -22-     LRB093 03427 JAM 06664 b
 1        central  counting  location  judges  on  the  tally sheet
 2        provided for the record.   A  write-in  vote  causing  an
 3        overvote  for  an  office  shall  not be counted for that
 4        office, but the tally  judges  shall  mark  the  absentee
 5        ballot  sheet "Objected To" and write the manner in which
 6        the ballot is counted on its back and initial the  sheet.
 7        An overvote for one office shall invalidate only the vote
 8        or count for that particular office.
 9             At  the  central  counting location, a team of tally
10        judges designated by the election official in  charge  of
11        the  election  shall  deliver  the  ballot  sheets to the
12        technicians operating the automatic  Precinct  Tabulation
13        Optical   Scan   Technology  tabulating  equipment.   Any
14        discrepancies between the number  of  ballots  and  total
15        number  of voters shall be noted on a sheet furnished for
16        that purpose and signed by the tally judges.
17        (b)  Regardless   of   which   procedure   described   in
18    subsection (a)  of  this  Section  is  used,  the  judges  of
19    election  designated to transport the ballots properly signed
20    and sealed, shall ensure that the ballots  are  delivered  to
21    the central counting station no later than 12 hours after the
22    polls  close.   At  the  central  counting station, a team of
23    tally judges designated by the election official in charge of
24    the election shall examine the  ballots  so  transported  and
25    shall  not accept ballots for tabulating which are not signed
26    and sealed as provided in  subsection  (a)  of  this  Section
27    until  the  judges transporting the ballots make and sign the
28    necessary corrections.  Upon acceptance of the ballots  by  a
29    team  of  tally  judges  at the central counting station, the
30    election judges transporting the ballots shall take a receipt
31    signed by the election official in charge of the election and
32    stamped with the date and time of acceptance.   The  election
33    judges  whose  duty  it is to transport any ballots shall, in
34    the event the ballots cannot be found when needed, on  proper
 
                            -23-     LRB093 03427 JAM 06664 b
 1    request,  produce the receipt which they are to take as above
 2    provided.
 3    (Source: P.A. 89-394, eff. 1-1-97.)

 4        (10 ILCS 5/24B-10.1)
 5        Sec.   24B-10.1.    In-Precinct    Counting    Equipment;
 6    Procedures for Counting and Tallying Ballots.  In an election
 7    jurisdiction   where   Precinct   Tabulation   Optical   Scan
 8    Technology   counting   equipment   is  used,  the  following
 9    procedures for counting and tallying the ballots shall apply:
10        Before the opening of the polls, and before  the  ballots
11    are  entered  into  the  automatic  tabulating equipment, the
12    judges of election shall be sure  that  the  totals  are  all
13    zeros in the counting column.  Ballots may then be counted by
14    entering   or   scanning   each  ballot  into  the  automatic
15    tabulating equipment. Throughout the election day and  before
16    the closing of the polls, no person may check any vote totals
17    for  any candidate or proposition on the automatic tabulating
18    equipment.  Such  automatic  tabulating  equipment  shall  be
19    programmed so that no person  may  reset  the  equipment  for
20    refeeding   of   ballots  unless  provided  a  code  from  an
21    authorized representative of the election authority.  At  the
22    option of the election authority, the ballots may be fed into
23    the  Precinct Tabulation Optical Scan Technology equipment by
24    the voters under the direct  supervision  of  the  judges  of
25    elections.
26        Immediately  after the closing of the polls, the absentee
27    ballots delivered to the precinct judges of election  by  the
28    election  authority  shall  be examined to determine that the
29    ballots comply with Sections 19-9 and 20-9 of this  Code  and
30    are entitled to be scanned by the Precinct Tabulation Optical
31    Scan  Technology  equipment  and then deposited in the ballot
32    box; those entitled to be scanned and deposited in the ballot
33    box shall be initialed by the precinct judges of election and
 
                            -24-     LRB093 03427 JAM 06664 b
 1    then scanned and deposited in  the  ballot  box.   Those  not
 2    entitled  to  be  deposited in the ballot box shall be marked
 3    "Rejected" and disposed of as provided in said Sections  19-9
 4    and 20-9.
 5        The precinct judges of election shall open the ballot box
 6    and  count  the  number of ballots to determine if the number
 7    agrees with the number of  voters  voting  as  shown  on  the
 8    Precinct  Tabulation Optical Scan Technology equipment and by
 9    the applications for ballot or, if the same do not agree, the
10    judges of election shall make  the  ballots  agree  with  the
11    applications  for  ballot  in  the manner provided by Section
12    17-18 of this Code.    The  judges  of  election  shall  then
13    examine  all ballots which are in the ballot box to determine
14    whether the ballots contain the initials of a precinct  judge
15    of  election.   If  any  ballot is not initialed, it shall be
16    marked on the back "Defective", initialed as to such label by
17    all judges immediately under the  word  "Defective"  and  not
18    counted.   The  judges  of  election shall place an initialed
19    blank official ballot in the place of the  defective  ballot,
20    so  that  the  count  of  the  ballots  to  be counted on the
21    automatic tabulating equipment will be  the  same,  and  each
22    "Defective Ballot" and "Replacement" ballot shall contain the
23    same  serial  number  which  shall  be  placed thereon by the
24    judges of election, beginning with number  1  and  continuing
25    consecutively  for the ballots of that kind in that precinct.
26    The original  "Defective"  ballot  shall  be  placed  in  the
27    "Defective Ballot Envelope" provided for that purpose.
28        If  the judges of election have removed a ballot pursuant
29    to Section 17-18, have labeled "Defective" a ballot which  is
30    not  initialed,  or have otherwise determined under this Code
31    to not count a ballot originally deposited into a ballot box,
32    the judges of election shall be sure that the totals  on  the
33    automatic  tabulating equipment are reset to all zeros in the
34    counting column.  Thereafter the  judges  of  election  shall
 
                            -25-     LRB093 03427 JAM 06664 b
 1    enter  or  otherwise  scan  each  ballot to be counted in the
 2    automatic  tabulating  equipment.   Resetting  the  automatic
 3    tabulating equipment to all zeros and re-entering of  ballots
 4    to  be  counted  may occur at the precinct polling place, the
 5    office of the election authority, or  any  receiving  station
 6    designated by the election authority.  The election authority
 7    shall  designate  the  place for resetting and re-entering or
 8    re-scanning.
 9        When  a  Precinct  Tabulation  Optical  Scan   Technology
10    electronic  voting  system is used which uses a paper ballot,
11    the judges of election shall examine the ballot for  write-in
12    votes.   When  the voter has cast a write-in vote, the judges
13    of election shall compare the write-in vote with the votes on
14    the ballot to determine whether the write-in  results  in  an
15    overvote  for  any  office,  unless  the  Precinct Tabulation
16    Optical Scan Technology equipment has already  done  so.   In
17    case  of  an overvote for any office, the judges of election,
18    consisting in each case of at least one judge of election  of
19    each  of  the  2  major  political parties, shall make a true
20    duplicate ballot of all votes on such ballot except  for  the
21    office  which  is  overvoted,  by  using  the  ballot  of the
22    precinct and one of the marking devices,  or  equivalent,  of
23    the precinct so as to transfer all votes of the voter, except
24    for  the  office  overvoted,  to  a  duplicate  ballot.   The
25    original  ballot  upon  which  there  is an overvote shall be
26    clearly labeled "Overvoted Ballot", and each such  "Overvoted
27    Ballot"  as  well as its "Replacement" shall contain the same
28    serial number which shall be placed thereon by the judges  of
29    election,    beginning   with   number   1   and   continuing
30    consecutively for the ballots of that kind in that  precinct.
31    The  "Overvoted  Ballot"  shall  be  placed  in  an  envelope
32    provided   for   that   purpose  labeled  "Duplicate  Ballot"
33    envelope, and  the  judges  of  election  shall  initial  the
34    "Replacement"  ballots  and  shall  place them with the other
 
                            -26-     LRB093 03427 JAM 06664 b
 1    ballots to be counted on the automatic tabulating equipment.
 2        If any ballot is damaged or defective, or if  any  ballot
 3    contains  a  Voting  Defect,  so  that  it cannot properly be
 4    counted by the automatic tabulating equipment, the  voter  or
 5    the  judges  of election, consisting in each case of at least
 6    one judge of election  of  each  of  the  2  major  political
 7    parties,  shall  make a true duplicate ballot of all votes on
 8    such ballot by using the ballot of the precinct  and  one  of
 9    the  marking  devices  of  the precinct, or equivalent.  If a
10    damaged ballot, the original ballot shall be clearly  labeled
11    "Damaged  Ballot" and the ballot so produced shall be clearly
12    labeled "Damaged Ballot" and the ballot so produced shall  be
13    clearly  labeled  "Duplicate  Damaged Ballot", and each shall
14    contain the same serial number which shall be placed  by  the
15    judges  of  election,  beginning with number 1 and continuing
16    consecutively for the ballots of that kind in  the  precinct.
17    The  judges  of election shall initial the "Duplicate Damaged
18    Ballot"  ballot  and  shall  enter  or  otherwise  scan   the
19    duplicate   damaged  ballot  into  the  automatic  tabulating
20    equipment.  The "Damaged Ballots"  shall  be  placed  in  the
21    "Duplicated  Ballots"  envelope;  after all ballots have been
22    successfully read, the judges of election shall check to make
23    certain that the Precinct Tabulation Optical Scan  Technology
24    equipment  readout  agrees  with  the number of voters making
25    application for ballot in that precinct.  The number shall be
26    listed on the "Statement of Ballots"  form  provided  by  the
27    election authority.
28        The  totals  for all candidates and propositions shall be
29    tabulated; and 4 copies of a "Certificate of  Results"  shall
30    be  generated by the automatic tabulating equipment; one copy
31    shall be posted in a conspicuous  place  inside  the  polling
32    place;  and  every  effort  shall  be  made  by the judges of
33    election to provide a copy for each authorized pollwatcher or
34    other official authorized to be present in the polling  place
 
                            -27-     LRB093 03427 JAM 06664 b
 1    to  observe the counting of ballots; but in no case shall the
 2    number of copies to be  made  available  to  pollwatchers  be
 3    fewer  than  4,  chosen by lot by the judges of election.  In
 4    addition, sufficient time shall be provided by the judges  of
 5    election   to   the   pollwatchers  to  allow  them  to  copy
 6    information from the copy which has been posted.
 7        The judges of election shall count all unused ballots and
 8    enter  the  number  on  the  "Statement  of  Ballots".    All
 9    "Spoiled",  "Defective"  and  "Duplicated"  ballots  shall be
10    counted and the number entered on the "Statement of Ballots".
11        The  precinct  judges  of   election   shall   select   a
12    bi-partisan  team  of  2 judges, who shall immediately return
13    the ballots in a  sealed  container,  along  with  all  other
14    election  materials  as instructed by the election authority;
15    provided, however, that such container must first  be  sealed
16    by  the  election judges with filament tape or other approved
17    sealing devices provided  for  the  purpose  which  shall  be
18    wrapped  around  the  container  lengthwise and crosswise, at
19    least twice each way, in a manner that the ballots cannot  be
20    removed  from  the  container  without  breaking the seal and
21    filament tape and disturbing any signatures  affixed  by  the
22    election  judges  to  the  container, or which other approved
23    sealing devices are affixed  in  a  manner  approved  by  the
24    election  authority.   The  election authority shall keep the
25    office of the election authority or  any  receiving  stations
26    designated by the authority, open for at least 12 consecutive
27    hours  after  the  polls  close or until the ballots from all
28    precincts with  in-precinct  counting  equipment  within  the
29    jurisdiction  of the election authority have been returned to
30    the election authority.  Ballots returned to  the  office  of
31    the  election  authority  which  are not signed and sealed as
32    required by  law  shall  not  be  accepted  by  the  election
33    authority  until  the  judges  returning the ballots make and
34    sign the  necessary  corrections.   Upon  acceptance  of  the
 
                            -28-     LRB093 03427 JAM 06664 b
 1    ballots  by  the election authority, the judges returning the
 2    ballots shall take a receipt signed by the election authority
 3    and stamped with the  time  and  date  of  the  return.   The
 4    election  judges  whose  duty  it is to return any ballots as
 5    provided shall, in the event the ballots cannot be found when
 6    needed, on proper request, produce the receipt which they are
 7    to take as above provided.  The precinct judges  of  election
 8    shall  also  deliver  the  Precinct  Tabulation  Optical Scan
 9    Technology equipment to the election authority.
10    (Source: P.A. 89-394, eff. 1-1-97.)

11        (10 ILCS 5/24B-15)
12        Sec. 24B-15.   Official  Return  of  Precinct;  Check  of
13    Totals;  Retabulation.    The  precinct return printed by the
14    automatic  Precinct  Tabulation   Optical   Scan   Technology
15    tabulating equipment shall include the number of ballots cast
16    and  votes  cast for each candidate and proposition and shall
17    constitute  the  official  return  of  each  precinct.     In
18    addition to the precinct return, the election authority shall
19    provide  the  number  of  applications  for  ballots  in each
20    precinct, the write-in votes, the  total  number  of  ballots
21    counted  in  each precinct for each political subdivision and
22    district  and  the  number  of  registered  voters  in   each
23    precinct.    However,  the election authority shall check the
24    totals shown by the precinct  return  and,  if  there  is  an
25    obvious  discrepancy regarding the total number of votes cast
26    in any precinct, shall have the  ballots  for  that  precinct
27    retabulated   to  correct  the  return.  The  procedures  for
28    retabulation shall apply prior to and after the  proclamation
29    is completed; however, after the proclamation of results, the
30    election  authority must obtain a court order to unseal voted
31    ballots except for election contests and discovery  recounts.
32    In those election jurisdictions that use in-precinct counting
33    equipment,   the  certificate  of  results,  which  has  been
 
                            -29-     LRB093 03427 JAM 06664 b
 1    prepared by the judges of election in the polling place after
 2    the ballots have been tabulated, shall be the  document  used
 3    for  the  canvass  of  votes  for  such precinct.  Whenever a
 4    discrepancy exists during the canvass of  votes  between  the
 5    unofficial   results  and  the  certificate  of  results,  or
 6    whenever a discrepancy exists during  the  canvass  of  votes
 7    between  the  certificate  of  results  and the set of totals
 8    which has been affixed to the  certificate  of  results,  the
 9    ballots for that precinct shall be retabulated to correct the
10    return.   As  an  additional  part of this check prior to the
11    proclamation,  in  those  jurisdictions   where   in-precinct
12    counting  equipment  is  used,  the  election authority shall
13    retabulate the total number  of  votes  cast  in  5%  of  the
14    precincts within the election jurisdiction.  The precincts to
15    be  retabulated  shall  be  selected  after election day on a
16    random  basis  by  the  election  authority,  so  that  every
17    precinct  in  the  election   jurisdiction   has   an   equal
18    mathematical  chance  of  being selected.  The State Board of
19    Elections shall  design  a  standard  and  scientific  random
20    method   of   selecting   the   precincts  which  are  to  be
21    retabulated, and the election authority shall be required  to
22    use  that  method.  The State Board of Elections, the State's
23    Attorney and other appropriate law enforcement agencies,  the
24    county  chairman  of  each  established  political  party and
25    qualified civic organizations shall be  given  prior  written
26    notice  of  the  time  and  place  of  the  random  selection
27    procedure  and  may  be  represented  at  the procedure.  The
28    retabulation shall consist of counting the ballots which were
29    originally counted and shall not involve any determination of
30    which ballots were, in fact, properly counted.   The  ballots
31    from the precincts selected for the retabulation shall remain
32    at  all  times  under the custody and control of the election
33    authority and shall be transported  and  retabulated  by  the
34    designated staff of the election authority.
 
                            -30-     LRB093 03427 JAM 06664 b
 1        As part of the retabulation, the election authority shall
 2    test  the  computer  program  in the selected precincts.  The
 3    test shall be conducted by processing a preaudited  group  of
 4    ballots  marked  to  record  a  predetermined number of valid
 5    votes for each candidate and on  each  public  question,  and
 6    shall  include for each office one or more ballots which have
 7    votes in excess of the number allowed  by  law  to  test  the
 8    ability  of  the  equipment  and the marking device to reject
 9    such votes.  If any error is detected,  the  cause  shall  be
10    determined  and  corrected,  and  an errorless count shall be
11    made prior  to  the  official  canvass  and  proclamation  of
12    election results.
13        The  State  Board  of Elections, the State's Attorney and
14    other  appropriate  law  enforcement  agencies,  the   county
15    chairman  of  each  established political party and qualified
16    civic organizations shall be given prior  written  notice  of
17    the time and place of the retabulation and may be represented
18    at the retabulation.
19        The  results of this retabulation shall be treated in the
20    same manner and have the same effect as the  results  of  the
21    discovery  procedures  set  forth  in  Section 22-9.1 of this
22    Code. Upon  completion  of  the  retabulation,  the  election
23    authority  shall  print  a  comparison  of the results of the
24    retabulation with the original precinct return printed by the
25    automatic tabulating equipment.  The comparison shall be done
26    for each precinct and for each office voted upon within  that
27    precinct,  and  the  comparisons shall be open to the public.
28    Upon completion of the retabulation,  the  returns  shall  be
29    open to the public.
30    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

31        (10 ILCS 5/24B-18)
32        Sec.  24B-18.   Specimen  Ballots;  Publication.  When an
33    electronic Precinct Tabulation Optical Scan Technology voting
 
                            -31-     LRB093 03427 JAM 06664 b
 1    system is used, the election  authority  shall  cause  to  be
 2    published, at least 5 days before the day of each general and
 3    general  primary  election, in 2 or more newspapers published
 4    in and having a general circulation in the county, a true and
 5    legible copy of the specimen ballot containing the  names  of
 6    offices and candidates and statements of measures to be voted
 7    on,  as near as may be, in the form in which they will appear
 8    on the official ballot on election day. A true  legible  copy
 9    may  be  in  the  form  of an actual size ballot and shall be
10    published as required by this Section if distributed in 2  or
11    more newspapers published and having a general circulation in
12    the  county  as  an  insert.  For each election prescribed in
13    Article 2A of this  Code,  specimen  ballots  shall  be  made
14    available  for  public  distribution and shall be supplied to
15    the judges of election for posting in the  polling  place  on
16    the  day  of  election.    Notice  for  the  nonpartisan  and
17    consolidated  elections shall be given as provided in Article
18    12.
19    (Source: P.A. 89-394, eff. 1-1-97.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.