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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||
5 | Sections 22-9.1, 24A-9.1, 24A-15.1, 24A-22, 24B-9.1, and | |||||||||||||||||||||||||||||||||||
6 | 24B-15.1 and by adding Sections 7-100, 17-100, and 18-100 as | |||||||||||||||||||||||||||||||||||
7 | follows: | |||||||||||||||||||||||||||||||||||
8 | (10 ILCS 5/7-100 new) | |||||||||||||||||||||||||||||||||||
9 | Sec. 7-100. Definition of a vote. | |||||||||||||||||||||||||||||||||||
10 | (a) Notwithstanding any law to the contrary, for the | |||||||||||||||||||||||||||||||||||
11 | purpose of this Article, a person casts a valid vote on a punch | |||||||||||||||||||||||||||||||||||
12 | card ballot when the fibers of at least one corner of the chad | |||||||||||||||||||||||||||||||||||
13 | are broken in a way that permits unimpeded light to be seen | |||||||||||||||||||||||||||||||||||
14 | through the card.
| |||||||||||||||||||||||||||||||||||
15 | (b) Write-in votes shall be counted in a manner consistent | |||||||||||||||||||||||||||||||||||
16 | with the existing provisions of this Code. | |||||||||||||||||||||||||||||||||||
17 | (c) For purposes of this Section, a "chad" is that portion | |||||||||||||||||||||||||||||||||||
18 | of a ballot card that a voter punches or perforates with a | |||||||||||||||||||||||||||||||||||
19 | stylus or other designated marking device to manifest his or | |||||||||||||||||||||||||||||||||||
20 | her vote for a particular ballot position on a ballot card as | |||||||||||||||||||||||||||||||||||
21 | defined in subsection (a). Chads shall be removed from ballot | |||||||||||||||||||||||||||||||||||
22 | cards prior to their processing and tabulation in election | |||||||||||||||||||||||||||||||||||
23 | jurisdictions that utilize a ballot card as a means of | |||||||||||||||||||||||||||||||||||
24 | recording votes at an election. Election jurisdictions that | |||||||||||||||||||||||||||||||||||
25 | utilize a mechanical means or device for chad removal as a | |||||||||||||||||||||||||||||||||||
26 | component of their tabulation shall use that means or device | |||||||||||||||||||||||||||||||||||
27 | for chad removal. | |||||||||||||||||||||||||||||||||||
28 | Notwithstanding any law to the contrary, for the purpose of | |||||||||||||||||||||||||||||||||||
29 | this Article, a person casts a valid vote on an optical scan | |||||||||||||||||||||||||||||||||||
30 | ballot sheet by making a mark, or causing a mark to be made, in | |||||||||||||||||||||||||||||||||||
31 | the designated area for the casting of a vote for any party or | |||||||||||||||||||||||||||||||||||
32 | candidate or for or against any proposition. For this purpose, |
| |||||||
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1 | a mark is any intentional darkening or partial darkening within | ||||||
2 | the designated area on the ballot using the approved marking | ||||||
3 | device and that can be automatically examined, counted, and | ||||||
4 | tabulated by an electronic scanning process or any mark or | ||||||
5 | marks approved by the State Board of Elections exclusive to an | ||||||
6 | approved electronic scanning voting system and not an | ||||||
7 | identifying mark. | ||||||
8 | For any ballot sheet that does not register a vote for one | ||||||
9 | or more ballot positions on the ballot sheet on an Electronic | ||||||
10 | Tabulation Optical Scan Technology Scanning Process, the | ||||||
11 | following shall constitute a vote on the ballot sheet: | ||||||
12 | (1) the designated area for casting a vote for a | ||||||
13 | particular ballot position on the ballot sheet is fully | ||||||
14 | darkened or shaded in; or | ||||||
15 | (2) the designated area for casting a vote for a | ||||||
16 | particular ballot position on the ballot sheet is partially | ||||||
17 | darkened or shaded in.
| ||||||
18 | (10 ILCS 5/17-100 new) | ||||||
19 | Sec. 17-100. Definition of a vote. | ||||||
20 | (a) Notwithstanding any law to the contrary, for the | ||||||
21 | purpose of this Article, a person casts a valid vote on a punch | ||||||
22 | card ballot when the fibers on at least one corner of the chad | ||||||
23 | are broken in a way that permits unimpeded light to be seen | ||||||
24 | through the card.
| ||||||
25 | (b) Write-in votes shall be counted in a manner consistent | ||||||
26 | with the existing provisions of this Code. | ||||||
27 | (c) For purposes of this Section, a "chad" is that portion | ||||||
28 | of a ballot card that a voter punches or perforates with a | ||||||
29 | stylus or other designated marking device to manifest his or | ||||||
30 | her vote for a particular ballot position on a ballot card as | ||||||
31 | defined in subsection (a). Chads shall be removed from ballot | ||||||
32 | cards prior to their processing and tabulation in election | ||||||
33 | jurisdictions that utilize a ballot card as a means of | ||||||
34 | recording votes at an election. Election jurisdictions that | ||||||
35 | utilize a mechanical means or device for chad removal as a |
| |||||||
|
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1 | component of their tabulation shall use that means or device | ||||||
2 | for chad removal.
| ||||||
3 | Notwithstanding any law to the contrary, for the purpose of | ||||||
4 | this Article, a person casts a valid vote on an optical scan | ||||||
5 | ballot sheet by making a mark, or causing a mark to be made, in | ||||||
6 | the designated area for the casting of a vote for any party or | ||||||
7 | candidate or for or against any proposition. For this purpose, | ||||||
8 | a mark is any intentional darkening or partial darkening within | ||||||
9 | the designated area on the ballot using the approved marking | ||||||
10 | device and that can be automatically examined, counted, and | ||||||
11 | tabulated by an electronic scanning process or any mark or | ||||||
12 | marks approved by the State Board of Elections exclusive to an | ||||||
13 | approved electronic scanning voting system and not an | ||||||
14 | identifying mark.
| ||||||
15 | For any ballot sheet that does not register a vote for one | ||||||
16 | or more ballot positions on the ballot sheet on an Electronic | ||||||
17 | Tabulation Optical Scan Technology Scanning Process, the | ||||||
18 | following shall constitute a vote on the ballot sheet:
| ||||||
19 | (1) the designated area for casting a vote for a | ||||||
20 | particular ballot position on the ballot sheet is fully | ||||||
21 | darkened or shaded in; or
| ||||||
22 | (2) the designated area for casting a vote for a | ||||||
23 | particular ballot position on the ballot sheet is partially | ||||||
24 | darkened or shaded in.
| ||||||
25 | (10 ILCS 5/18-100 new) | ||||||
26 | Sec. 18-100. Definition of a vote. | ||||||
27 | (a) Notwithstanding any law to the contrary, for the | ||||||
28 | purpose of this Article, a person casts a valid vote on a punch | ||||||
29 | card ballot when the fibers of at least one corner of the chad | ||||||
30 | are broken in a way that permits unimpeded light to be seen | ||||||
31 | through the card. | ||||||
32 | (b) Write-in votes shall be counted in a manner
consistent | ||||||
33 | with the existing provisions of this Code. | ||||||
34 | (c) For purposes of this Section, a "chad" is that
portion | ||||||
35 | of a ballot card that a voter punches or perforates
with
a |
| |||||||
|
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1 | stylus or other designated marking device to
manifest
his
or
| ||||||
2 | her vote for a particular ballot position on a
ballot
card
as | ||||||
3 | defined in subsection (a). Chads shall be
removed
from ballot | ||||||
4 | cards prior to their processing and tabulation in election | ||||||
5 | jurisdictions that utilize a ballot card as a means of | ||||||
6 | recording votes at an election. Election jurisdictions that | ||||||
7 | utilize a mechanical means or device for chad removal as a | ||||||
8 | component of their tabulation shall use that means or device | ||||||
9 | for chad removal. | ||||||
10 | Notwithstanding any law to the contrary, for the purpose of | ||||||
11 | this Article, a person casts a valid vote on an optical scan | ||||||
12 | ballot sheet by making a mark, or causing a mark to be made, in | ||||||
13 | the designated area for the casting of a vote for any party or | ||||||
14 | candidate or for or against any proposition. For this purpose, | ||||||
15 | a mark is any intentional darkening or partial darkening within | ||||||
16 | the designated area on the ballot using the approved marking | ||||||
17 | device and that can be automatically examined, counted and | ||||||
18 | tabulated by an electronic scanning process or any mark or | ||||||
19 | marks approved by the State Board of Elections exclusive to an | ||||||
20 | approved electronic scanning voting system and not an | ||||||
21 | identifying mark. | ||||||
22 | For any ballot sheet that does not register a vote for one | ||||||
23 | or more ballot positions on the ballot sheet on an Electronic | ||||||
24 | Tabulation Optical Scan Technology Scanning Process, the | ||||||
25 | following shall
constitute a vote on the ballot sheet:
| ||||||
26 | (1) the designated area for casting a vote for a | ||||||
27 | particular ballot position on the ballot sheet is fully | ||||||
28 | darkened or shaded in; or | ||||||
29 | (2) the designated area for casting a vote for a | ||||||
30 | particular ballot position on the ballot sheet is partially | ||||||
31 | darkened or shaded in.
| ||||||
32 | (10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
| ||||||
33 | Sec. 22-9.1. Within 5 days after the last day for | ||||||
34 | proclamation of the results of any
canvass declaring persons | ||||||
35 | nominated, elected or declared eligible for a
runoff election |
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1 | for any office or declaring the
adoption or rejection of a | ||||||
2 | question of public policy, the following
persons may file a | ||||||
3 | petition for discovery:
| ||||||
4 | (a) any candidate who, in the entire area in which votes | ||||||
5 | may be cast
for the office for which he is a candidate, | ||||||
6 | received votes equal in
number to at least 95% of the number of | ||||||
7 | votes cast for any successful
candidate for the same office; | ||||||
8 | and
| ||||||
9 | (b) any 5 electors of the same area within which votes may | ||||||
10 | be cast
on a question of public policy, if the results of the | ||||||
11 | canvass are such
that the losing side on the question would | ||||||
12 | have been the prevailing side
had it received an additional | ||||||
13 | number of votes equal to 5% of the total
number of votes cast | ||||||
14 | on the question.
| ||||||
15 | A petition under this Section shall be filed with the | ||||||
16 | election authority
for purposes of
discovery only. The petition | ||||||
17 | shall ask that ballots, voting machines,
or ballot cards - as | ||||||
18 | the case may be - shall be examined, that any
automatic | ||||||
19 | tabulating equipment shall be tested, and that ballots,
| ||||||
20 | recorded votes, or ballot cards - as the case may be - shall be | ||||||
21 | counted
in specified precincts, not exceeding 25% of the
total | ||||||
22 | number of precincts within the jurisdiction
of the election | ||||||
23 | authority. Where there are fewer than 4 precincts under
the | ||||||
24 | jurisdiction of the election authority and within the area in | ||||||
25 | which
votes could be cast
in the election in connection with | ||||||
26 | which the petition has been filed,
discovery shall be permitted | ||||||
27 | in one of such precincts.
| ||||||
28 | A petition filed under this Section shall be accompanied by | ||||||
29 | the
payment of a fee of $10.00 per precinct specified.
All such | ||||||
30 | fees shall be paid by the election authority into the county or | ||||||
31 | city
treasury, as the case may be.
| ||||||
32 | Upon receipt of such petition the county canvassing board | ||||||
33 | or board of election
commissioners shall reconvene. Where
a | ||||||
34 | local canvassing board, as provided in Section 22-17, has | ||||||
35 | jurisdiction, the election
authority shall notify the chairman | ||||||
36 | of such board who shall reconvene such
board in the office of |
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1 | the election authority or other location designated
by the | ||||||
2 | election authority.
| ||||||
3 | After 3 days notice in writing to the successful candidate | ||||||
4 | for the
same office or, in the case of a question of public | ||||||
5 | policy, such
notice as will reasonably inform interested | ||||||
6 | persons of the time and
place of the discovery proceedings, | ||||||
7 | such board shall examine the
ballots, voting machines, ballot | ||||||
8 | cards, voter affidavits and applications
for ballot, test the | ||||||
9 | automatic
tabulating equipment, and count the ballots, | ||||||
10 | recorded votes, and ballot
cards in the specified election | ||||||
11 | districts or precincts. At the request
of any candidate | ||||||
12 | entitled to participate in the discovery proceedings, the
| ||||||
13 | election authority shall also make available for examination | ||||||
14 | the ballot
applications and voter affidavits for the specified | ||||||
15 | precincts. Each candidate
affected by such examination shall | ||||||
16 | have the right to attend the same in
person or by his | ||||||
17 | representative. In the case of a question of public
policy, the | ||||||
18 | board shall permit an equal number of acknowledged
proponents | ||||||
19 | and acknowledged opponents to attend the examination.
| ||||||
20 | On completion of the count of any ballots in each district | ||||||
21 | or
precinct, the ballots shall be secured and sealed in the | ||||||
22 | same manner
required of judges of election by Sections 7-54 and | ||||||
23 | 17-20 of the Election Code.
The handling of the ballots in | ||||||
24 | accord with this Section shall not of
itself affect the | ||||||
25 | admissibility in evidence of the ballots in any other
| ||||||
26 | proceedings, either legislative or judicial.
| ||||||
27 | For purposes of this section a person casts a valid vote on | ||||||
28 | a punch card ballot when:
| ||||||
29 | (1) A chad on the card has at least one corner detached | ||||||
30 | from the card; or
| ||||||
31 | (2) the fibers of at least one corner of the chad are | ||||||
32 | broken in a way that permits unimpeded light to be seen | ||||||
33 | through the card; or
| ||||||
34 | (3) an indentation on the chad from the stylus or other | ||||||
35 | object is present and indicates a clearly ascertainable | ||||||
36 | intent of the voter to vote based on the totality of the |
| |||||||
|
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1 | circumstances, including but not limited to any pattern or | ||||||
2 | frequency of indentations on other ballot positions from | ||||||
3 | the same ballot card.
| ||||||
4 | A person casts a valid vote on an optical scan ballot sheet | ||||||
5 | by making a mark, or causing a mark to be made, in the | ||||||
6 | designated area for the casting of a vote for any party or | ||||||
7 | candidate or for or against any proposition. For this purpose, | ||||||
8 | a mark is any intentional darkening or partial darkening within | ||||||
9 | the designated area on the ballot using the approved marking | ||||||
10 | device and that can be automatically examined, counted and | ||||||
11 | tabulated by an electronic scanning process or any mark or | ||||||
12 | marks approved by the State Board of Elections exclusive to an | ||||||
13 | approved electronic scanning voting system and not an | ||||||
14 | identifying mark.
| ||||||
15 | For any ballot sheet that does not register a vote for one | ||||||
16 | or more ballot positions on the ballot sheet on an Electronic | ||||||
17 | Tabulation Optical Scan Technology Scanning Process for | ||||||
18 | purposes of this section the following shall constitute a vote | ||||||
19 | on the ballot sheet:
| ||||||
20 | (1) the designated area for casting a vote for a | ||||||
21 | particular ballot position on the ballot sheet is fully | ||||||
22 | darkened or shaded in; or
| ||||||
23 | (2) the designated area for casting a vote for a | ||||||
24 | particular
ballot position on the ballot sheet is partially | ||||||
25 | darkened or shaded
in;
| ||||||
26 | (3) the designated area for casting a vote for a | ||||||
27 | particular ballot position on the b allot sheet contains a | ||||||
28 | dot or ".", a check, or a plus or "+"; or
| ||||||
29 | (4) the designated area for casting a vote for a | ||||||
30 | particular ballot position on the ballot sheet contains | ||||||
31 | some other type of mark that indicates the clearly | ||||||
32 | ascertainable intent of the voter to vote based on the | ||||||
33 | totality of the circumstances, including but not limited to | ||||||
34 | any pattern or frequency of marks on other ballot positions | ||||||
35 | from the same ballot sheet.
| ||||||
36 | (5) the designated area for casting a vote for a |
| |||||||
|
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1 | particular ballot position on the ballot sheet is not | ||||||
2 | marked, but the ballot sheet contains other markings | ||||||
3 | associated with a particular ballot position, such as | ||||||
4 | circling a candidate's name, that indicates the clearly | ||||||
5 | ascertainable intent of the voter to vote, based on the | ||||||
6 | totality of the circumstances, including but not limited | ||||||
7 | to, any pattern or frequency of markings on other ballot | ||||||
8 | positions from the same ballot sheet.
| ||||||
9 | (c) For other electronic voting systems that use a computer | ||||||
10 | as the marking device to mark a ballot sheet, the bar code | ||||||
11 | found on the ballot sheet shall constitute the votes found on | ||||||
12 | the ballot. If, however, the county clerk or board of election | ||||||
13 | commissioners determines that the votes represented by the | ||||||
14 | tally on the bar code for one or more ballot positions is | ||||||
15 | inconsistent with the votes represented by numerical ballot | ||||||
16 | positions identified on the ballot sheet produced using a | ||||||
17 | computer as the marking device, then the numerical ballot | ||||||
18 | positions identified on the ballot sheet shall constitute the | ||||||
19 | votes for purposes of any official canvass or recount | ||||||
20 | proceedings. An electronic voting system that uses a computer | ||||||
21 | as the marking device to mark a ballot sheet shall be capable | ||||||
22 | of producing a ballot sheet that contains all numerical ballot | ||||||
23 | positions selected by the voter, and provides a place for the | ||||||
24 | voter to cast a write-in vote for a candidate for a particular | ||||||
25 | numerical ballot position.
| ||||||
26 | The results of the examination and count shall not be | ||||||
27 | certified, used
to amend or change the abstracts of the votes | ||||||
28 | previously completed, used
to deny the successful candidate for | ||||||
29 | the same office his certificate of
nomination or election, nor | ||||||
30 | used to change the previously declared result of the vote
on a | ||||||
31 | question of public policy. Such count shall not be binding in | ||||||
32 | an
election contest brought about under the provisions of the | ||||||
33 | Election
Code, shall not be a prerequisite to bringing such an | ||||||
34 | election contest,
shall not prevent the bringing of such an | ||||||
35 | election contest, nor shall it
affect the results of the | ||||||
36 | canvass previously proclaimed.
|
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1 | (Source: P.A. 84-966.)
| ||||||
2 | (10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)
| ||||||
3 | Sec. 24A-9.1. Whenever an electronic scanning process is | ||||||
4 | utilized to
automatically examine and count the votes on ballot | ||||||
5 | sheets, the provisions
of this Section shall apply. A voter | ||||||
6 | shall cast a proper vote on a ballot
sheet by making a mark in | ||||||
7 | the designated area for the casting of a vote
for any party or | ||||||
8 | candidate or for or against any proposition. For this
purpose, | ||||||
9 | a mark is any
an intentional darkening or partial darkening | ||||||
10 | within
of the designated area on the
ballot using the approved | ||||||
11 | marking device and that can be automatically examined, counted, | ||||||
12 | and tabulated by an electronic scanning process or any mark or | ||||||
13 | marks approved by the State Board of Elections exclusive to an | ||||||
14 | approved electronic scanning voting system
sheet , and shall not | ||||||
15 | be an "X", a check mark, or any other recognizable
letter of | ||||||
16 | the alphabet, number, or other symbol which can be recognized
| ||||||
17 | as an identifying mark.
| ||||||
18 | Whenever the ballot sheet includes designated areas on both | ||||||
19 | sides, The
election authority shall provide an envelope, sleeve | ||||||
20 | or other device to
each voter by means of which the voter can | ||||||
21 | deliver the voted ballot sheet
to the ballot box without the | ||||||
22 | votes indicated on the ballot sheet being
visible to other | ||||||
23 | persons in the polling place.
| ||||||
24 | (Source: P.A. 81-1433.)
| ||||||
25 | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
| ||||||
26 | Sec. 24A-15.1. Except as herein provided, discovery | ||||||
27 | recounts and election
contests shall be conducted as otherwise | ||||||
28 | provided for in "The Election Code",
as amended. The automatic | ||||||
29 | tabulating equipment shall be tested prior to the
discovery | ||||||
30 | recount or election contest as provided in Section 24A-9, and
| ||||||
31 | then the official ballots or ballot cards shall be recounted on | ||||||
32 | the
automatic tabulating equipment. In addition, (1) the ballot | ||||||
33 | or ballot cards
shall be checked for the presence or absence of | ||||||
34 | judges' initials and other
distinguishing marks, and (2) the |
| |||||||
|
|||||||
1 | ballots marked "Rejected", "Defective",
Objected to" and | ||||||
2 | "Absentee Ballot" shall be examined to determine the
propriety | ||||||
3 | of the such labels, and (3) the "Duplicate Absentee Ballots",
| ||||||
4 | "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" | ||||||
5 | shall be
compared with their respective originals to determine | ||||||
6 | the correctness of
the duplicates.
| ||||||
7 | Any person who has filed a petition for discovery recount | ||||||
8 | may request that
a redundant count be conducted in those | ||||||
9 | precincts in which the discovery
recount is being conducted. | ||||||
10 | The additional costs of such a redundant count
shall be borne | ||||||
11 | by the requesting party.
| ||||||
12 | For purposes of this Section a person casts a valid vote on | ||||||
13 | a punch card ballot when: | ||||||
14 | (1) A chad on the card has at least one corner detached | ||||||
15 | from the card; | ||||||
16 | (2) the fibers on at least one corner of the chad are | ||||||
17 | broken in a way that permits unimpeded light to be seen | ||||||
18 | through the card; or | ||||||
19 | (3) an indentation on the chad from the stylus or other | ||||||
20 | object is present and indicates a clearly ascertainable | ||||||
21 | intent of the voter to vote based on the totality of the | ||||||
22 | circumstances, including but not limited to any pattern or | ||||||
23 | frequency of indentations on other ballot positions from | ||||||
24 | the same ballot card.
| ||||||
25 | The log of the computer operator and all materials retained | ||||||
26 | by the election
authority in relation to vote tabulation and | ||||||
27 | canvass shall be made available
for any discovery recount or | ||||||
28 | election contest.
| ||||||
29 | (Source: P.A. 82-1014.)
| ||||||
30 | (10 ILCS 5/24A-22)
| ||||||
31 | Sec. 24A-22. Definition of a vote.
| ||||||
32 | (a) Notwithstanding any law to the contrary, for the | ||||||
33 | purpose of this
Article, A person casts a valid vote on a punch | ||||||
34 | card ballot when :
| ||||||
35 | (1) A chad on the card has at least one corner detached |
| |||||||
|
|||||||
1 | from the card;
| ||||||
2 | (2) the fibers of paper on at least one corner
edge of | ||||||
3 | the chad are broken in a
way that permits unimpeded light | ||||||
4 | to be seen through the card ; or
| ||||||
5 | (3) An indentation on the chad from the stylus or other | ||||||
6 | object is present
and indicates a clearly ascertainable | ||||||
7 | intent of the voter to vote based on the
totality of the | ||||||
8 | circumstances, including but not limited to any pattern or
| ||||||
9 | frequency of indentations on other ballot positions from | ||||||
10 | the same ballot
card .
| ||||||
11 | (b) Write-in votes shall be counted in a manner consistent | ||||||
12 | with the existing
provisions of this Code.
| ||||||
13 | (c) For purposes of this Section, a "chad" is that portion | ||||||
14 | of a ballot card
that a voter punches or perforates with a | ||||||
15 | stylus or other designated marking
device to manifest his or | ||||||
16 | her vote for a particular ballot position on a ballot
card as | ||||||
17 | defined in subsection (a). Chads shall be removed from ballot | ||||||
18 | cards
prior to their processing and tabulation in election | ||||||
19 | jurisdictions that
utilize a ballot card as a means of | ||||||
20 | recording votes at an election. Election
jurisdictions that | ||||||
21 | utilize a mechanical means or device for chad removal as a
| ||||||
22 | component of their tabulation shall use that means or device | ||||||
23 | for chad
removal.
| ||||||
24 | A person casts a valid vote on an optical scan ballot sheet | ||||||
25 | by making a mark, or causing a mark to be made, in the | ||||||
26 | designated area for the casting of a vote for any party or | ||||||
27 | candidate or for or against any proposition. For this purpose, | ||||||
28 | a mark is any intentional darkening or partial darkening within | ||||||
29 | the designated area on the ballot using the approved marking | ||||||
30 | device and that can be automatically examined, counted and | ||||||
31 | tabulated by an electronic scanning process or any mark or | ||||||
32 | marks approved by the State Board of Elections exclusive to an | ||||||
33 | approved electronic scanning voting system and not an | ||||||
34 | identifying mark. | ||||||
35 | For any ballot sheet that does not register a vote for one | ||||||
36 | or more ballot positions on the ballot sheet on an Electronic |
| |||||||
|
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1 | Tabulation Optical Scan Technology Scanning Process, the | ||||||
2 | following shall constitute a vote on the ballot sheet: | ||||||
3 | (1) the designated area for casting a vote for a | ||||||
4 | particular ballot position on the ballot sheet is fully | ||||||
5 | darkened or shaded in; or | ||||||
6 | (2) the designated area for casting a vote for a | ||||||
7 | particular ballot position on the ballot sheet is partially | ||||||
8 | darkened or shaded in.
| ||||||
9 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
10 | (10 ILCS 5/24B-9.1)
| ||||||
11 | Sec. 24B-9.1. Examination of Votes by Electronic Precinct
| ||||||
12 | Tabulation Optical Scan Technology Scanning Process or other | ||||||
13 | authorized
electronic process; definition of a vote.
| ||||||
14 | (a) Examination of Votes by Electronic Precinct Tabulation | ||||||
15 | Optical Scan
Technology Scanning Process. Whenever a
Precinct | ||||||
16 | Tabulation Optical Scan Technology process is used
to | ||||||
17 | automatically examine and count the votes on ballot sheets,
the | ||||||
18 | provisions of this Section shall apply. A voter shall cast a
| ||||||
19 | proper vote on a ballot sheet by making a mark, or causing a | ||||||
20 | mark to be
made, in the designated
area for the casting of a | ||||||
21 | vote for any party or candidate or for
or against any | ||||||
22 | proposition. For this purpose, a mark is any
an
intentional | ||||||
23 | darkening or partial darkening within
of the designated area on | ||||||
24 | the ballot,
using the approved marking device and that can be | ||||||
25 | automatically examined, counted, and tabulated by an | ||||||
26 | electronic scanning process or any mark or marks approved by | ||||||
27 | the State Board of Elections exclusive to an approved | ||||||
28 | electronic scanning voting system, and not an identifying mark.
| ||||||
29 | (b) For any ballot sheet that does not register a vote for | ||||||
30 | one or more
ballot positions on the ballot sheet on a | ||||||
31 | Electronic Precinct Tabulation
Optical Scan Technology | ||||||
32 | Scanning Process, the following shall constitute a vote
on the | ||||||
33 | ballot sheet:
| ||||||
34 | (1) the designated area for casting a vote for a | ||||||
35 | particular ballot
position on the ballot sheet is fully |
| |||||||
|
|||||||
1 | darkened or shaded in; or
| ||||||
2 | (2) the designated area for casting a vote for a | ||||||
3 | particular ballot
position on the ballot sheet is partially | ||||||
4 | darkened or shaded in . ;
| ||||||
5 | (3) the designated area for casting a vote for a | ||||||
6 | particular ballot
position on the ballot sheet contains a | ||||||
7 | dot or ".", a check, or a
plus or "+"; or
| ||||||
8 | (4) the designated area for casting a vote for a | ||||||
9 | particular ballot
position on the ballot sheet contains | ||||||
10 | some other type of mark that
indicates the clearly | ||||||
11 | ascertainable intent of the voter to vote based
on the | ||||||
12 | totality of the circumstances, including but not limited to
| ||||||
13 | any pattern or frequency of marks on other ballot
positions | ||||||
14 | from the same ballot sheet.
| ||||||
15 | (5) the designated area for casting a vote for a | ||||||
16 | particular ballot
position on the ballot sheet is not | ||||||
17 | marked, but the ballot sheet contains other
markings | ||||||
18 | associated with a particular ballot position, such as | ||||||
19 | circling a
candidate's name, that indicates the clearly | ||||||
20 | ascertainable intent of the voter
to vote, based on the | ||||||
21 | totality of the circumstances, including but not limited
| ||||||
22 | to, any pattern or frequency of markings on other ballot | ||||||
23 | positions from the
same ballot sheet.
| ||||||
24 | (c) For other electronic voting systems that use a computer | ||||||
25 | as the marking
device to mark a ballot sheet, the bar code | ||||||
26 | found on the ballot sheet shall
constitute the votes found on | ||||||
27 | the ballot. If, however, the county clerk or
board of election | ||||||
28 | commissioners determines that the votes
represented by the | ||||||
29 | tally on the bar code for one or more ballot positions is
| ||||||
30 | inconsistent with the votes represented by numerical ballot | ||||||
31 | positions
identified on the ballot sheet produced using a | ||||||
32 | computer as the marking device,
then the numerical ballot | ||||||
33 | positions identified on the ballot sheet shall
constitute the | ||||||
34 | votes for purposes of any official canvass or recount
| ||||||
35 | proceeding. An electronic voting system that uses a computer as | ||||||
36 | the marking
device to mark a ballot sheet shall be capable of |
| |||||||
|
|||||||
1 | producing a ballot sheet that
contains all numerical ballot | ||||||
2 | positions selected by the voter,
and provides a place for the | ||||||
3 | voter to cast a write-in vote for a candidate
for a particular | ||||||
4 | numerical ballot position.
| ||||||
5 | (d) The election authority shall provide an envelope, | ||||||
6 | sleeve or
other device to each voter so the voter can
deliver | ||||||
7 | the voted ballot sheet to the counting equipment and
ballot box | ||||||
8 | without the votes indicated on the ballot sheet being
visible | ||||||
9 | to other persons in the polling place.
| ||||||
10 | (Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)
| ||||||
11 | (10 ILCS 5/24B-15.1)
| ||||||
12 | Sec. 24B-15.1. Discovery, Recounts and Election Contests.
| ||||||
13 | Except as provided, discovery recounts and election
contests | ||||||
14 | shall be conducted as otherwise provided for in
this Code. The | ||||||
15 | automatic Precinct Tabulation
Optical Scan Technology | ||||||
16 | tabulating equipment shall be tested
prior to the discovery | ||||||
17 | recount or election contest as provided in
Section 24B-9, and | ||||||
18 | then the official ballots shall be recounted
on the automatic | ||||||
19 | tabulating equipment. In addition, (a) the
ballots shall be | ||||||
20 | checked for the presence or absence of judges'
initials and | ||||||
21 | other distinguishing marks, and (b) the ballots
marked | ||||||
22 | "Rejected", "Defective", "Objected To" and "Absentee
Ballot" | ||||||
23 | shall be examined to determine the propriety of the
labels, and | ||||||
24 | (c) the "Duplicate Absentee Ballots", "Duplicate
Overvoted | ||||||
25 | Ballots" and "Duplicate Damaged Ballots" shall be
compared with | ||||||
26 | their respective originals to determine the
correctness of the | ||||||
27 | duplicates.
| ||||||
28 | Any person who has filed a petition for discovery recount
| ||||||
29 | may request that a redundant count be conducted in those
| ||||||
30 | precincts in which the discovery recount is being conducted. | ||||||
31 | The
additional costs of a redundant count shall be borne by the
| ||||||
32 | requesting party.
| ||||||
33 | The log of the computer operator and all materials retained
| ||||||
34 | by the election authority in relation to vote tabulation and
| ||||||
35 | canvass shall be made available for any discovery recount or
|
| |||||||
|
|||||||
1 | election contest.
| ||||||
2 | For any ballot sheet that does not register a vote for one | ||||||
3 | or more ballot positions on the ballot sheet on an Electronic | ||||||
4 | Precinct Tabulation Optical Scan Technology Scanning Process | ||||||
5 | for purposes of this Section the following shall constitute a | ||||||
6 | vote: | ||||||
7 | (1) the designated area for casting a vote for a | ||||||
8 | particular ballot position on the ballot sheet contains a | ||||||
9 | dot or ".", a check, or a plus or "+"; or | ||||||
10 | (2) the designated area for casting a vote for a | ||||||
11 | particular ballot position on the ballot sheet is not | ||||||
12 | marked, but the ballot sheet contains other markings | ||||||
13 | associated with a particular ballot position, such as | ||||||
14 | circling a candidate's name, that indicates the clearly | ||||||
15 | ascertainable intent of the voter to vote, based on the | ||||||
16 | totality of the circumstances, including but not limited to | ||||||
17 | any pattern or frequency of markings on other ballot | ||||||
18 | positions from the same ballot sheet. | ||||||
19 | For other electronic voting systems that use a computer as | ||||||
20 | the marking device to mark a ballot sheet, the bar code found | ||||||
21 | on the ballot sheet shall constitute the votes found on the | ||||||
22 | ballot. If, however, the county clerk or board of election | ||||||
23 | commissioners determines that the votes
represented by the | ||||||
24 | tally on the bar code for one or more ballot positions is | ||||||
25 | inconsistent with the votes represented by numerical ballot | ||||||
26 | positions identified on the ballot sheet produced using a | ||||||
27 | computer as the marking device, then the numerical ballot | ||||||
28 | positions identified on the ballot sheet shall constitute the | ||||||
29 | votes for purposes of any official canvass or recount | ||||||
30 | proceeding. An electronic voting system that uses a computer as | ||||||
31 | the marking device to mark a ballot sheet shall be capable of | ||||||
32 | producing a ballot sheet that contains all numerical ballot | ||||||
33 | positions selected by the voter, and provides a place for the | ||||||
34 | voter to cast a write-in vote for a candidate for a particular | ||||||
35 | numerical ballot position.
| ||||||
36 | (Source: P.A. 89-394, eff. 1-1-97.)
|
| |||||||
|
|||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|