HB4198 93RD GENERAL ASSEMBLY

LRB093 19277 JAM 45012 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4198

Introduced 1/26/2004, by Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-100 new
10 ILCS 5/17-100 new
10 ILCS 5/18-100 new
10 ILCS 5/22-9.1	from Ch. 46, par. 22-9.1
10 ILCS 5/24A-9.1	from Ch. 46, par. 24A-9.1
10 ILCS 5/24A-15.1	from Ch. 46, par. 24A-15.1
10 ILCS 5/24A-22
10 ILCS 5/24B-9.1
10 ILCS 5/24B-15.1

Amends the Elections Code. Defines the markings or other indications that constitute a vote on punch cards and electronic voting systems. Effective immediately.

A BILL FOR

AN ACT concerning elections.

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

Section 5. The Election Code is amended by changing Sections 22-9.1, 24A-9.1, 24A-15.1, 24A-22, 24B-9.1, and 24B-15.1 and by adding Sections 7-100, 17-100, and 18-100 as follows:

(10 ILCS 5/7-100 new)

Sec. 7-100. Definition of a vote.

(a) Notwithstanding any law to the contrary, for the purpose of this Article, a person casts a valid vote on a punch card ballot when the fibers of at least one corner of the chad are broken in a way that permits unimpeded light to be seen through the card.

(b) Write-in votes shall be counted in a manner consistent with the existing provisions of this Code.

(c) For purposes of this Section, a "chad" is that portion of a ballot card that a voter punches or perforates with a stylus or other designated marking device to manifest his or her vote for a particular ballot position on a ballot card as defined in subsection (a). Chads shall be removed from ballot cards prior to their processing and tabulation in election jurisdictions that utilize a ballot card as a means of recording votes at an election. Election jurisdictions that utilize a mechanical means or device for chad removal as a component of their tabulation shall use that means or device for chad removal.

Notwithstanding any law to the contrary, for the purpose of this Article, a person casts a valid vote on an optical scan ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any intentional darkening or partial darkening within the designated area on the ballot using the approved marking device and that can be automatically examined, counted, and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system and not an identifying mark.

For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an Electronic Tabulation Optical Scan Technology Scanning Process, the following shall constitute a vote on the ballot sheet:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet is fully darkened or shaded in; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is partially darkened or shaded in.

(10 ILCS 5/17-100 new)

Sec. 17-100. Definition of a vote.

(a) Notwithstanding any law to the contrary, for the purpose of this Article, a person casts a valid vote on a punch card ballot when the fibers on at least one corner of the chad are broken in a way that permits unimpeded light to be seen through the card.

(b) Write-in votes shall be counted in a manner consistent with the existing provisions of this Code.

(c) For purposes of this Section, a "chad" is that portion of a ballot card that a voter punches or perforates with a stylus or other designated marking device to manifest his or her vote for a particular ballot position on a ballot card as defined in subsection (a). Chads shall be removed from ballot cards prior to their processing and tabulation in election jurisdictions that utilize a ballot card as a means of recording votes at an election. Election jurisdictions that utilize a mechanical means or device for chad removal as a component of their tabulation shall use that means or device for chad removal.

Notwithstanding any law to the contrary, for the purpose of this Article, a person casts a valid vote on an optical scan ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any intentional darkening or partial darkening within the designated area on the ballot using the approved marking device and that can be automatically examined, counted, and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system and not an identifying mark.

For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an Electronic Tabulation Optical Scan Technology Scanning Process, the following shall constitute a vote on the ballot sheet:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet is fully darkened or shaded in; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is partially darkened or shaded in.

(10 ILCS 5/18-100 new)

Sec. 18-100. Definition of a vote.

(a) Notwithstanding any law to the contrary, for the purpose of this Article, a person casts a valid vote on a punch card ballot when the fibers of at least one corner of the chad are broken in a way that permits unimpeded light to be seen through the card.

(b) Write-in votes shall be counted in a manner consistent with the existing provisions of this Code.

(c) For purposes of this Section, a "chad" is that portion of a ballot card that a voter punches or perforates with a stylus or other designated marking device to manifest his or her vote for a particular ballot position on a ballot card as defined in subsection (a). Chads shall be removed from ballot cards prior to their processing and tabulation in election jurisdictions that utilize a ballot card as a means of recording votes at an election. Election jurisdictions that utilize a mechanical means or device for chad removal as a component of their tabulation shall use that means or device for chad removal.

Notwithstanding any law to the contrary, for the purpose of this Article, a person casts a valid vote on an optical scan ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any intentional darkening or partial darkening within the designated area on the ballot using the approved marking device and that can be automatically examined, counted and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system and not an identifying mark.

For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an Electronic Tabulation Optical Scan Technology Scanning Process, the following shall constitute a vote on the ballot sheet:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet is fully darkened or shaded in; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is partially darkened or shaded in.

(10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)

Sec. 22-9.1. Within 5 days after the last day for proclamation of the results of any canvass declaring persons nominated, elected or declared eligible for a runoff election for any office or declaring the adoption or rejection of a question of public policy, the following persons may file a petition for discovery:

(a) any candidate who, in the entire area in which votes may be cast for the office for which he is a candidate, received votes equal in number to at least 95% of the number of votes cast for any successful candidate for the same office; and

(b) any 5 electors of the same area within which votes may be cast on a question of public policy, if the results of the canvass are such that the losing side on the question would have been the prevailing side had it received an additional number of votes equal to 5% of the total number of votes cast on the question.

A petition under this Section shall be filed with the election authority for purposes of discovery only. The petition shall ask that ballots, voting machines, or ballot cards - as the case may be - shall be examined, that any automatic tabulating equipment shall be tested, and that ballots, recorded votes, or ballot cards - as the case may be - shall be counted in specified precincts, not exceeding 25% of the total number of precincts within the jurisdiction of the election authority. Where there are fewer than 4 precincts under the jurisdiction of the election authority and within the area in which votes could be cast in the election in connection with which the petition has been filed, discovery shall be permitted in one of such precincts.

A petition filed under this Section shall be accompanied by the payment of a fee of $10.00 per precinct specified. All such fees shall be paid by the election authority into the county or city treasury, as the case may be.

Upon receipt of such petition the county canvassing board or board of election commissioners shall reconvene. Where a local canvassing board, as provided in Section 22-17, has jurisdiction, the election authority shall notify the chairman of such board who shall reconvene such board in the office of the election authority or other location designated by the election authority.

After 3 days notice in writing to the successful candidate for the same office or, in the case of a question of public policy, such notice as will reasonably inform interested persons of the time and place of the discovery proceedings, such board shall examine the ballots, voting machines, ballot cards, voter affidavits and applications for ballot, test the automatic tabulating equipment, and count the ballots, recorded votes, and ballot cards in the specified election districts or precincts. At the request of any candidate entitled to participate in the discovery proceedings, the election authority shall also make available for examination the ballot applications and voter affidavits for the specified precincts. Each candidate affected by such examination shall have the right to attend the same in person or by his representative. In the case of a question of public policy, the board shall permit an equal number of acknowledged proponents and acknowledged opponents to attend the examination.

On completion of the count of any ballots in each district or precinct, the ballots shall be secured and sealed in the same manner required of judges of election by Sections 7-54 and 17-20 of the Election Code. The handling of the ballots in accord with this Section shall not of itself affect the admissibility in evidence of the ballots in any other proceedings, either legislative or judicial.

For purposes of this section a person casts a valid vote on a punch card ballot when:

(1) A chad on the card has at least one corner detached from the card; or

(2) the fibers of at least one corner of the chad are broken in a way that permits unimpeded light to be seen through the card; or

(3) an indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of indentations on other ballot positions from the same ballot card.

A person casts a valid vote on an optical scan ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any intentional darkening or partial darkening within the designated area on the ballot using the approved marking device and that can be automatically examined, counted and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system and not an identifying mark.

For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an Electronic Tabulation Optical Scan Technology Scanning Process for purposes of this section the following shall constitute a vote on the ballot sheet:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet is fully darkened or shaded in; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is partially darkened or shaded in;

(3) the designated area for casting a vote for a particular ballot position on the b allot sheet contains a dot or ".", a check, or a plus or "+"; or

(4) the designated area for casting a vote for a particular ballot position on the ballot sheet contains some other type of mark that indicates the clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of marks on other ballot positions from the same ballot sheet.

(5) the designated area for casting a vote for a particular ballot position on the ballot sheet is not marked, but the ballot sheet contains other markings associated with a particular ballot position, such as circling a candidate's name, that indicates the clearly ascertainable intent of the voter to vote, based on the totality of the circumstances, including but not limited to, any pattern or frequency of markings on other ballot positions from the same ballot sheet.

(c) For other electronic voting systems that use a computer as the marking device to mark a ballot sheet, the bar code found on the ballot sheet shall constitute the votes found on the ballot. If, however, the county clerk or board of election commissioners determines that the votes represented by the tally on the bar code for one or more ballot positions is inconsistent with the votes represented by numerical ballot positions identified on the ballot sheet produced using a computer as the marking device, then the numerical ballot positions identified on the ballot sheet shall constitute the votes for purposes of any official canvass or recount proceedings. An electronic voting system that uses a computer as the marking device to mark a ballot sheet shall be capable of producing a ballot sheet that contains all numerical ballot positions selected by the voter, and provides a place for the voter to cast a write-in vote for a candidate for a particular numerical ballot position.

The results of the examination and count shall not be certified, used to amend or change the abstracts of the votes previously completed, used to deny the successful candidate for the same office his certificate of nomination or election, nor used to change the previously declared result of the vote on a question of public policy. Such count shall not be binding in an election contest brought about under the provisions of the Election Code, shall not be a prerequisite to bringing such an election contest, shall not prevent the bringing of such an election contest, nor shall it affect the results of the canvass previously proclaimed.

(Source: P.A. 84-966.)

(10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)

Sec. 24A-9.1. Whenever an electronic scanning process is utilized to automatically examine and count the votes on ballot sheets, the provisions of this Section shall apply. A voter shall cast a proper vote on a ballot sheet by making a mark in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any an intentional darkening or partial darkening within of the designated area on the ballot using the approved marking device and that can be automatically examined, counted, and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system sheet, and shall not be an "X", a check mark, or any other recognizable letter of the alphabet, number, or other symbol which can be recognized as an identifying mark.

Whenever the ballot sheet includes designated areas on both sides, The election authority shall provide an envelope, sleeve or other device to each voter by means of which the voter can deliver the voted ballot sheet to the ballot box without the votes indicated on the ballot sheet being visible to other persons in the polling place.

(Source: P.A. 81-1433.)

(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)

Sec. 24A-15.1. Except as herein provided, discovery recounts and election contests shall be conducted as otherwise provided for in "The Election Code", as amended. The automatic tabulating equipment shall be tested prior to the discovery recount or election contest as provided in Section 24A-9, and then the official ballots or ballot cards shall be recounted on the automatic tabulating equipment. In addition, (1) the ballot or ballot cards shall be checked for the presence or absence of judges' initials and other distinguishing marks, and (2) the ballots marked "Rejected", "Defective", Objected to" and "Absentee Ballot" shall be examined to determine the propriety of the such labels, and (3) the "Duplicate Absentee Ballots", "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" shall be compared with their respective originals to determine the correctness of the duplicates.

Any person who has filed a petition for discovery recount may request that a redundant count be conducted in those precincts in which the discovery recount is being conducted. The additional costs of such a redundant count shall be borne by the requesting party.

For purposes of this Section a person casts a valid vote on a punch card ballot when:

(1) A chad on the card has at least one corner detached from the card;

(2) the fibers on at least one corner of the chad are broken in a way that permits unimpeded light to be seen through the card; or

(3) an indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of indentations on other ballot positions from the same ballot card.

The log of the computer operator and all materials retained by the election authority in relation to vote tabulation and canvass shall be made available for any discovery recount or election contest.

(Source: P.A. 82-1014.)

(10 ILCS 5/24A-22)

Sec. 24A-22. Definition of a vote.

(a) Notwithstanding any law to the contrary, for the purpose of this Article, A person casts a valid vote on a punch card ballot when:

(1) A chad on the card has at least one corner detached from the card;

(2) the fibers of paper on at least one corner edge of the chad are broken in a way that permits unimpeded light to be seen through the card; or

(3) An indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of indentations on other ballot positions from the same ballot card.

(b) Write-in votes shall be counted in a manner consistent with the existing provisions of this Code.

(c) For purposes of this Section, a "chad" is that portion of a ballot card that a voter punches or perforates with a stylus or other designated marking device to manifest his or her vote for a particular ballot position on a ballot card as defined in subsection (a). Chads shall be removed from ballot cards prior to their processing and tabulation in election jurisdictions that utilize a ballot card as a means of recording votes at an election. Election jurisdictions that utilize a mechanical means or device for chad removal as a component of their tabulation shall use that means or device for chad removal.

A person casts a valid vote on an optical scan ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any intentional darkening or partial darkening within the designated area on the ballot using the approved marking device and that can be automatically examined, counted and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system and not an identifying mark.

For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an Electronic Tabulation Optical Scan Technology Scanning Process, the following shall constitute a vote on the ballot sheet:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet is fully darkened or shaded in; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is partially darkened or shaded in.

(Source: P.A. 93-574, eff. 8-21-03.)

(10 ILCS 5/24B-9.1)

Sec. 24B-9.1. Examination of Votes by Electronic Precinct Tabulation Optical Scan Technology Scanning Process or other authorized electronic process; definition of a vote.

(a) Examination of Votes by Electronic Precinct Tabulation Optical Scan Technology Scanning Process. Whenever a Precinct Tabulation Optical Scan Technology process is used to automatically examine and count the votes on ballot sheets, the provisions of this Section shall apply. A voter shall cast a proper vote on a ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is any an intentional darkening or partial darkening within of the designated area on the ballot, using the approved marking device and that can be automatically examined, counted, and tabulated by an electronic scanning process or any mark or marks approved by the State Board of Elections exclusive to an approved electronic scanning voting system, and not an identifying mark.

(b) For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on a Electronic Precinct Tabulation Optical Scan Technology Scanning Process, the following shall constitute a vote on the ballot sheet:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet is fully darkened or shaded in; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is partially darkened or shaded in. ;

(3) the designated area for casting a vote for a particular ballot position on the ballot sheet contains a dot or ".", a check, or a plus or "+"; or

(4) the designated area for casting a vote for a particular ballot position on the ballot sheet contains some other type of mark that indicates the clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of marks on other ballot positions from the same ballot sheet.

(5) the designated area for casting a vote for a particular ballot position on the ballot sheet is not marked, but the ballot sheet contains other markings associated with a particular ballot position, such as circling a candidate's name, that indicates the clearly ascertainable intent of the voter to vote, based on the totality of the circumstances, including but not limited to, any pattern or frequency of markings on other ballot positions from the same ballot sheet.

(c) For other electronic voting systems that use a computer as the marking device to mark a ballot sheet, the bar code found on the ballot sheet shall constitute the votes found on the ballot. If, however, the county clerk or board of election commissioners determines that the votes represented by the tally on the bar code for one or more ballot positions is inconsistent with the votes represented by numerical ballot positions identified on the ballot sheet produced using a computer as the marking device, then the numerical ballot positions identified on the ballot sheet shall constitute the votes for purposes of any official canvass or recount proceeding. An electronic voting system that uses a computer as the marking device to mark a ballot sheet shall be capable of producing a ballot sheet that contains all numerical ballot positions selected by the voter, and provides a place for the voter to cast a write-in vote for a candidate for a particular numerical ballot position.

(d) The election authority shall provide an envelope, sleeve or other device to each voter so the voter can deliver the voted ballot sheet to the counting equipment and ballot box without the votes indicated on the ballot sheet being visible to other persons in the polling place.

(Source: P.A. 93-574, eff. 8-21-03; revised 10-9-03.)

(10 ILCS 5/24B-15.1)

Sec. 24B-15.1. Discovery, Recounts and Election Contests.

Except as provided, discovery recounts and election contests shall be conducted as otherwise provided for in this Code. The automatic Precinct Tabulation Optical Scan Technology tabulating equipment shall be tested prior to the discovery recount or election contest as provided in Section 24B-9, and then the official ballots shall be recounted on the automatic tabulating equipment. In addition, (a) the ballots shall be checked for the presence or absence of judges' initials and other distinguishing marks, and (b) the ballots marked "Rejected", "Defective", "Objected To" and "Absentee Ballot" shall be examined to determine the propriety of the labels, and (c) the "Duplicate Absentee Ballots", "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" shall be compared with their respective originals to determine the correctness of the duplicates.

Any person who has filed a petition for discovery recount may request that a redundant count be conducted in those precincts in which the discovery recount is being conducted. The additional costs of a redundant count shall be borne by the requesting party.

The log of the computer operator and all materials retained by the election authority in relation to vote tabulation and canvass shall be made available for any discovery recount or election contest.

For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an Electronic Precinct Tabulation Optical Scan Technology Scanning Process for purposes of this Section the following shall constitute a vote:

(1) the designated area for casting a vote for a particular ballot position on the ballot sheet contains a dot or ".", a check, or a plus or "+"; or

(2) the designated area for casting a vote for a particular ballot position on the ballot sheet is not marked, but the ballot sheet contains other markings associated with a particular ballot position, such as circling a candidate's name, that indicates the clearly ascertainable intent of the voter to vote, based on the totality of the circumstances, including but not limited to any pattern or frequency of markings on other ballot positions from the same ballot sheet.

For other electronic voting systems that use a computer as the marking device to mark a ballot sheet, the bar code found on the ballot sheet shall constitute the votes found on the ballot. If, however, the county clerk or board of election commissioners determines that the votes represented by the tally on the bar code for one or more ballot positions is inconsistent with the votes represented by numerical ballot positions identified on the ballot sheet produced using a computer as the marking device, then the numerical ballot positions identified on the ballot sheet shall constitute the votes for purposes of any official canvass or recount proceeding. An electronic voting system that uses a computer as the marking device to mark a ballot sheet shall be capable of producing a ballot sheet that contains all numerical ballot positions selected by the voter, and provides a place for the voter to cast a write-in vote for a candidate for a particular numerical ballot position.

(Source: P.A. 89-394, eff. 1-1-97.)

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