093_SB1803eng

 
SB1803 Engrossed                     SRS093 00057 PLM 00057 b

 1        AN ACT in relation to elections.

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

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

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

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

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

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

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

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

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

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

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

20        (10 ILCS 5/16-11)
21        Sec.  16-11.  Precinct tabulation optical scan technology
22    voting  equipment  and  direct  recording  electronic  voting
23    systems equipment.
24        If the election authority has adopted the use of Precinct
25    Tabulation Optical Scan Technology voting equipment  pursuant
26    to  Article  24B  of this Code or Direct Recording Electronic
27    Voting Systems equipment under Article 24C of this Code,  and
28    the  provisions of those Articles the Article are in conflict
29    with the provisions of this Article  16,  the  provisions  of
30    Article  24B or Article 24C, as the case may be, shall govern
31    the procedures followed by the election authority, its judges
32    of elections, and all employees and agents.  In following the
33    provisions of  Article  24B  or  Article  24C,  the  election
 
SB1803 Engrossed            -12-     SRS093 00057 PLM 00057 b
 1    authority  is  authorized to develop and implement procedures
 2    to fully utilize Precinct Tabulation Optical Scan  Technology
 3    voting   equipment  or  Direct  Recording  Electronic  Voting
 4    Systems equipment authorized by the State Board of  Elections
 5    as  long  as  the  procedure  is  not in conflict with either
 6    Article 24B, Article 24C, or the administrative rules of  the
 7    State Board of Elections.
 8    (Source: P.A. 89-394, eff. 1-1-97.)

 9        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
10        Sec.  17-9.   Any  person desiring to vote shall give his
11    name and, if required to do so, his residence to  the  judges
12    of election, one of whom shall thereupon announce the same in
13    a  loud  and  distinct tone of voice, clear, and audible; the
14    judges of elections shall check each application  for  ballot
15    against  the  list  of  voters registered in that precinct to
16    whom absentee ballots have been  issued  for  that  election,
17    which  shall  be provided by the election authority and which
18    list shall be available for inspection  by  pollwatchers.   A
19    voter  applying to vote in the precinct on election day whose
20    name appears on the list as having been  issued  an  absentee
21    ballot  shall not be permitted to vote in the precinct unless
22    that  voter  submits  to  the   judges   of   election,   for
23    cancellation  or revocation, his absentee ballot. In the case
24    that the voter's  absentee  ballot  is  not  present  in  the
25    polling  place,  it shall be sufficient for any such voter to
26    submit to the judges of election  in  lieu  of  his  absentee
27    ballot, either a portion of such ballot if torn or mutilated,
28    or  an  affidavit  executed  before  the  judges  of election
29    specifying that the voter never received an absentee  ballot,
30    or  an  affidavit  executed  before  the  judges  of election
31    specifying that the voter desires to  cancel  or  revoke  any
32    absentee  ballot that may have been cast in the voter's name.
33    All applicable provisions of Articles 4,  5  or  6  shall  be
 
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 1    complied  with  and  if such name is found on the register of
 2    voters  by  the  officer  having  charge  thereof,  he  shall
 3    likewise repeat said name, and the voter shall be allowed  to
 4    enter  within  the  proximity  of the voting booths, as above
 5    provided.  One of the judges shall give the  voter  one,  and
 6    only  one  of each ballot to be voted at the election, on the
 7    back of which ballots such judge shall indorse  his  initials
 8    in such manner that they may be seen when each such ballot is
 9    properly  folded,  and  the voter's name shall be immediately
10    checked on the register list. In those election jurisdictions
11    where perforated ballot cards are utilized  of  the  type  on
12    which  write-in  votes can be cast above the perforation, the
13    election authority shall provide a space both above and below
14    the perforation for the judge's initials, and the judge shall
15    endorse his or her  initials  in  both  spaces.   Whenever  a
16    proposal for a constitutional amendment or for the calling of
17    a  constitutional  convention  is  to  be  voted  upon at the
18    election, the separate  blue  ballot  or  ballots  pertaining
19    thereto  shall,  when being handed to the voter, be placed on
20    top of the other ballots to be voted at the election in  such
21    manner  that  the  legend  appearing  on the back thereof, as
22    prescribed in Section 16-6 of  this  Act,  shall  be  plainly
23    visible  to the voter.  At all elections, when a registry may
24    be required, if the name of any person so desiring to vote at
25    such election is not found on the register of voters,  he  or
26    she  shall  not  receive  a ballot until he or she shall have
27    complied with the law prescribing the manner  and  conditions
28    of  voting by unregistered voters.  If any person desiring to
29    vote at any election shall be challenged, he or she shall not
30    receive a ballot until he or she shall have  established  his
31    right  to  vote in the manner provided hereinafter; and if he
32    or she shall be challenged after he has received his  ballot,
33    he  shall  not be permitted to vote until he or she has fully
34    complied  with  such  requirements  of  the  law  upon  being
 
SB1803 Engrossed            -14-     SRS093 00057 PLM 00057 b
 1    challenged.  Besides the election officer, not  more  than  2
 2    voters  in  excess  of  the  whole  number  of  voting booths
 3    provided shall be allowed within the proximity of the  voting
 4    booths  at  one  time.  The provisions of this Act, so far as
 5    they require the registration of voters  as  a  condition  to
 6    their  being  allowed  to  vote  shall  not  apply to persons
 7    otherwise entitled to vote, who  are,  at  the  time  of  the
 8    election,  or  at  any  time  within  60  days  prior to such
 9    election have been engaged in the military or  naval  service
10    of  the  United  States,  and  who  appear  personally at the
11    polling place on election day and produce to  the  judges  of
12    election  satisfactory evidence thereof, but such persons, if
13    otherwise qualified to vote, shall be permitted  to  vote  at
14    such election without previous registration.
15        All such persons shall also make an affidavit which shall
16    be in substantially the following form:
17    State of Illinois,)
18                      ) ss.
19    County of ........)
20    ............... Precinct   .......... Ward
21        I,  ....,  do  solemnly  swear  (or  affirm)  that I am a
22    citizen of the United States, of the age of 18 years or over,
23    and that within the past 60 days prior to the  date  of  this
24    election  at which I am applying to vote, I have been engaged
25    in the .... (military or naval) service of the United States;
26    and I am qualified  to  vote  under  and  by  virtue  of  the
27    Constitution and laws of the State of Illinois, and that I am
28    a  legally  qualified  voter of this precinct and ward except
29    that I have, because of such service, been unable to register
30    as a voter; that I now reside  at  ....  (insert  street  and
31    number,  if  any)  in  this  precinct  and  ward; that I have
32    maintained a legal residence in this precinct and ward for 30
33    days and in this State 30 days next preceding this election.
34                                        .........................
 
SB1803 Engrossed            -15-     SRS093 00057 PLM 00057 b
 1        Subscribed and sworn to before me on (insert date).
 2                                        .........................
 3                                               Judge of Election.

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

24        All  affidavits made under the provisions of this Section
25    shall be enclosed in a separate envelope securely sealed, and
26    shall be transmitted with the returns of the elections to the
27    county clerk or to the board of election  commissioners,  who
28    shall  preserve  the  said  affidavits  for  the  period of 6
29    months, during which period such affidavits shall  be  deemed
30    public  records  and  shall  be freely open to examination as
31    such.
32    (Source: P.A. 91-357, eff. 7-29-99.)
 
SB1803 Engrossed            -16-     SRS093 00057 PLM 00057 b
 1        (10 ILCS 5/17-43)
 2        Sec. 17-43.  Precinct tabulation optical scan  technology
 3    voting  equipment  and  direct  recording  electronic  voting
 4    systems equipment.
 5        If the election authority has adopted the use of Precinct
 6    Tabulation  Optical Scan Technology voting equipment pursuant
 7    to Article 24B of this Code or  Direct  Recording  Electronic
 8    Voting  Systems equipment under Article 24C of this Code, and
 9    the provisions of those Articles the Article are in  conflict
10    with  the  provisions  of  this Article 17, the provisions of
11    Article 24B or Article 24C, as the case may be, shall  govern
12    the procedures followed by the election authority, its judges
13    of elections, and all employees and agents.  In following the
14    provisions  of  Article  24B  or  Article  24C,  the election
15    authority is authorized to develop and  implement  procedures
16    to  fully utilize Precinct Tabulation Optical Scan Technology
17    voting  equipment  or  Direct  Recording  Electronic   Voting
18    Systems  equipment authorized by the State Board of Elections
19    as long as the procedure  is  not  in  conflict  with  either
20    Article  24B, Article 24C, or the administrative rules of the
21    State Board of Elections.
22    (Source: P.A. 89-394, eff. 1-1-97.)

23        (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
24        Sec.  18-5.  Questioning  of  person  desiring  to  vote;
25    receipt of ballots.    Any person desiring to vote and  whose
26    name  is  found  upon  the  register  of voters by the person
27    having charge thereof, shall then be questioned by one of the
28    judges as to his nativity, his term of residence  at  present
29    address,  precinct, State and United States, his age, whether
30    naturalized and if so the date of naturalization  papers  and
31    court  from which secured, and he shall be asked to state his
32    residence when last previously registered and the date of the
33    election  for  which  he  then  registered.  The  judges   of
 
SB1803 Engrossed            -17-     SRS093 00057 PLM 00057 b
 1    elections shall check each application for ballot against the
 2    list  of  voters registered in that precinct to whom absentee
 3    ballots have been issued for that election,  which  shall  be
 4    provided  by  the  election authority and which list shall be
 5    available for inspection by pollwatchers. A voter applying to
 6    vote in the precinct on election day whose  name  appears  on
 7    the  list  as having been issued an absentee ballot shall not
 8    be permitted to  vote  in  the  precinct  unless  that  voter
 9    submits  to  the  judges  of  election,  for  cancellation or
10    revocation, his  absentee  ballot.   In  the  case  that  the
11    voter's  absentee ballot is not present in the polling place,
12    it shall be sufficient for any such voter to  submit  to  the
13    judges  of  election in lieu of his absentee ballot, either a
14    portion of such ballot if torn or mutilated, or an  affidavit
15    executed  before  the  judges of election specifying that the
16    voter never received an  absentee  ballot,  or  an  affidavit
17    executed  before  the  judges of election specifying that the
18    voter desires to cancel or revoke any  absentee  ballot  that
19    may  have  been  cast  in the voter's name. If such person so
20    registered shall be challenged  as  disqualified,  the  party
21    challenging  shall assign his reasons therefor, and thereupon
22    one of the judges shall administer to him an oath  to  answer
23    questions,  and  if  he  shall take the oath he shall then be
24    questioned by the judge or  judges  touching  such  cause  of
25    challenge,  and touching any other cause of disqualification.
26    And he may also be questioned by the person  challenging  him
27    in  regard  to  his  qualifications  and  identity.  But if a
28    majority of the judges are of the  opinion  that  he  is  the
29    person  so  registered  and a qualified voter, his vote shall
30    then be received accordingly. But if his vote be rejected  by
31    such judges, such person may afterward produce and deliver an
32    affidavit  to  such  judges,  subscribed  and sworn to by him
33    before one of the judges, in which it  shall  be  stated  how
34    long he has resided in such precinct, and state; that he is a
 
SB1803 Engrossed            -18-     SRS093 00057 PLM 00057 b
 1    citizen  of  the United States, and is a duly qualified voter
 2    in such precinct, and that he  is  the  identical  person  so
 3    registered.  In  addition to such an affidavit, the person so
 4    challenged shall provide to the judges of election  proof  of
 5    residence  by producing 2 forms of identification showing the
 6    person's  current  residence  address,  provided  that   such
 7    identification to the person at his current residence address
 8    and  postmarked not earlier than 30 days prior to the date of
 9    the  election,  or  the  person  shall  procure   a   witness
10    personally  known  to the judges of election, and resident in
11    the precinct (or district), or who shall be  proved  by  some
12    legal voter of such precinct or district, known to the judges
13    to be such, who shall take the oath following, viz:
14        I  do  solemnly swear (or affirm) that I am a resident of
15    this election precinct (or district), and entitled to vote at
16    this election, and that I have been a resident of this  State
17    for 30 days last past, and am well acquainted with the person
18    whose vote is now offered; that he is an actual and bona fide
19    resident  of  this  election  precinct (or district), and has
20    resided herein 30 days, and as  I  verily  believe,  in  this
21    State, 30 days next preceding this election.
22        The  oath  in each case may be administered by one of the
23    judges of election,  or  by  any  officer,  resident  in  the
24    precinct  or district, authorized by law to administer oaths.
25    Also supported by an affidavit by a registered voter residing
26    in such precinct, stating his  own  residence,  and  that  he
27    knows  such  person;  and  that  he  does reside at the place
28    mentioned and has resided in such precinct and state for  the
29    length  of  time  as  stated  by  such person, which shall be
30    subscribed and sworn to in the same way. Whereupon  the  vote
31    of such person shall be received, and entered as other votes.
32    But such judges, having charge of such registers, shall state
33    in  their  respective  books  the facts in such case, and the
34    affidavits, so delivered to the judges,  shall  be  preserved
 
SB1803 Engrossed            -19-     SRS093 00057 PLM 00057 b
 1    and  returned to the office of the commissioners of election.
 2    Blank affidavits of the character aforesaid shall be sent out
 3    to the judges  of  all  the  precincts,  and  the  judges  of
 4    election  shall furnish the same on demand and administer the
 5    oaths without criticism. Such oaths, if administered  by  any
 6    other  officer  than  such  judge  of  election, shall not be
 7    received. Whenever a proposal for a constitutional  amendment
 8    or  for  the  calling of a constitutional convention is to be
 9    voted upon at the  election,  the  separate  blue  ballot  or
10    ballots  pertaining  thereto  shall  be  placed on top of the
11    other ballots to be voted at the election in such manner that
12    the legend appearing on the back thereof,  as  prescribed  in
13    Section  16-6  of  this  Act, shall be plainly visible to the
14    voter, and in this fashion the ballots shall be handed to the
15    voter by the judge.
16        The voter shall, upon quitting the voting booth,  deliver
17    to one of the judges of election all of the ballots, properly
18    folded,  which he received. The judge of election to whom the
19    voter delivers his ballots shall not accept the  same  unless
20    all of the ballots given to the voter are returned by him. If
21    a  voter  delivers less than all of the ballots given to him,
22    the judge to whom the same are offered shall advise him in  a
23    voice  clearly  audible  to the other judges of election that
24    the voter must return  the  remainder  of  the  ballots.  The
25    statement of the judge to the voter shall clearly express the
26    fact  that  the  voter is not required to vote such remaining
27    ballots but that whether or not he votes them  he  must  fold
28    and  deliver  them to the judge. In making such statement the
29    judge of election shall not  indicate  by  word,  gesture  or
30    intonation  of  voice  that  the  unreturned ballots shall be
31    voted in  any  particular  manner.  No  new  voter  shall  be
32    permitted to enter the voting booth of a voter who has failed
33    to  deliver the total number of ballots received by him until
34    such voter has returned to the voting booth pursuant  to  the
 
SB1803 Engrossed            -20-     SRS093 00057 PLM 00057 b
 1    judge's  request  and  again  quit  the booth with all of the
 2    ballots required to be returned by him. Upon receipt  of  all
 3    such  ballots  the judges of election shall enter the name of
 4    the voter, and his number, as above provided in this section,
 5    and the  judge  to  whom  the  ballots  are  delivered  shall
 6    immediately put the ballots into the ballot box. If any voter
 7    who  has  failed  to  deliver all the ballots received by him
 8    refuses to return to the voting booth after being advised  by
 9    the  judge  of  election  as herein provided, the judge shall
10    inform the other judges of such refusal,  and  thereupon  the
11    ballot or ballots returned to the judge shall be deposited in
12    the  ballot  box, the voter shall be permitted to depart from
13    the polling place, and a new  voter  shall  be  permitted  to
14    enter the voting booth.
15        The  judge of election who receives the ballot or ballots
16    from the voter shall announce the residence and name of  such
17    voter  in  a  loud  voice.  The judge shall put the ballot or
18    ballots received from the voter into the ballot  box  in  the
19    presence  of  the  voter  and  the judges of election, and in
20    plain view of the public. The judges having  charge  of  such
21    registers  shall  then,  in a column prepared thereon, in the
22    same line of, the name of the  voter,  mark  "Voted"  or  the
23    letter "V".
24        No  judge  of  election  shall accept from any voter less
25    than the full  number  of  ballots  received  by  such  voter
26    without first advising the voter in the manner above provided
27    of  the  necessity of returning all of the ballots, nor shall
28    any such judge advise such voter in a manner contrary to that
29    which is herein permitted, or in any other manner violate the
30    provisions of this section; provided, that the acceptance  by
31    a  judge  of election of less than the full number of ballots
32    delivered to a voter who refuses  to  return  to  the  voting
33    booth after being properly advised by such judge shall not be
34    a violation of this Section.
 
SB1803 Engrossed            -21-     SRS093 00057 PLM 00057 b
 1    (Source: P.A. 89-653, eff. 8-14-96.)

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

24        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
25        Sec.  19-2.1.  At  the  consolidated   primary,   general
26    primary,   consolidated,   and  general  elections,  electors
27    entitled to vote by absentee ballot under the  provisions  of
28    Section  19-1  may  vote  in  person  at  the  office  of the
29    municipal  clerk,  if  the  elector  is  a  resident   of   a
30    municipality not having a board of election commissioners, or
31    at the office of the township clerk or, in counties not under
32    township  organization,  at  the  office of the road district
 
SB1803 Engrossed            -22-     SRS093 00057 PLM 00057 b
 1    clerk if the elector is not a  resident  of  a  municipality;
 2    provided,  in  each case that the municipal, township or road
 3    district clerk, as the case may be, is authorized to  conduct
 4    in-person absentee voting pursuant to this Section.  Absentee
 5    voting  in  such municipal and township clerk's offices under
 6    this Section shall be conducted from the 22nd day through the
 7    day before the election.
 8        Municipal and township clerks (or road  district  clerks)
 9    who  have  regularly  scheduled  working  hours  at regularly
10    designated offices other than a place of residence and  whose
11    offices  are  open  for business during the same hours as the
12    office of the  election  authority  shall  conduct  in-person
13    absentee  voting  for said elections.  Municipal and township
14    clerks (or  road  district  clerks)  who  have  no  regularly
15    scheduled  working  hours  but  who have regularly designated
16    offices  other  than  a  place  of  residence  shall  conduct
17    in-person absentee voting for said elections during the hours
18    of 8:30 a.m.  to  4:30  p.m.  or  9:00  a.m.  to  5:00  p.m.,
19    weekdays,  and  9:00 a.m. to 12:00 noon on Saturdays, but not
20    during such hours as the office of the election authority  is
21    closed,  unless  the  clerk  files  a written waiver with the
22    election authority not later than July 1 of each year stating
23    that he or she is unable  to  conduct  such  voting  and  the
24    reasons  therefor. Such clerks who conduct in-person absentee
25    voting may extend their hours for that purpose to include any
26    hours in which  the  election  authority's  office  is  open.
27    Municipal  and  township clerks (or road district clerks) who
28    have no regularly scheduled office  hours  and  no  regularly
29    designated  offices  other  than a place of residence may not
30    conduct in-person absentee voting for  said  elections.   The
31    election   authority   may  devise  alternative  methods  for
32    in-person absentee voting before  said  elections  for  those
33    precincts   located   within   the   territorial  area  of  a
34    municipality or township (or road district) wherein the clerk
 
SB1803 Engrossed            -23-     SRS093 00057 PLM 00057 b
 1    of such municipality  or  township  (or  road  district)  has
 2    waived  or  is  not  entitled  to  conduct  such  voting.  In
 3    addition,  electors  may  vote  by  absentee ballot under the
 4    provisions of Section 19-1 at  the  office  of  the  election
 5    authority having jurisdiction over their residence.
 6        In  conducting  absentee  voting  under this Section, the
 7    respective  clerks  shall  not  be  required  to  verify  the
 8    signature of  the  absentee  voter  by  comparison  with  the
 9    signature  on the official registration record card. However,
10    the clerk shall reasonably ascertain  the  identity  of  such
11    applicant,  shall  verify  that  each  such  applicant  is  a
12    registered  voter,  and shall verify the precinct in which he
13    or she is registered and the proper ballots of the  political
14    subdivisions  in  which the applicant resides and is entitled
15    to vote, prior to  providing  any  absentee  ballot  to  such
16    applicant.   The   clerk   shall   verify   the   applicant's
17    registration  and  from the most recent poll list provided by
18    the county clerk, and if the applicant is not listed on  that
19    poll list then by telephoning the office of the county clerk.
20        Absentee   voting   procedures   in  the  office  of  the
21    municipal, township and road district clerks shall be subject
22    to all of the  applicable  provisions  of  this  Article  19.
23    Pollwatchers  may  be appointed to observe in-person absentee
24    voting procedures at the office of the municipal, township or
25    road district clerks' offices where such absentee  voting  is
26    conducted.   Such pollwatchers shall qualify and be appointed
27    in the same manner as provided in Sections  7-34  and  17-23,
28    except  each  candidate,  political  party or organization of
29    citizens may appoint only one pollwatcher for  each  location
30    where  in-person  absentee voting is conducted.  Pollwatchers
31    shall  be  residents  of  the  county   and   possess   valid
32    pollwatcher  credentials.  All  requirements  in this Article
33    applicable  to  election  authorities  shall  apply  to   the
34    respective  local clerks, except where inconsistent with this
 
SB1803 Engrossed            -24-     SRS093 00057 PLM 00057 b
 1    Section.
 2        In election jurisdictions that deliver  absentee  ballots
 3    to  the polling place to be counted by the precinct judges on
 4    election day, the sealed absentee ballots  in  their  carrier
 5    envelope  shall  be delivered by the respective clerks, or by
 6    the election authority on behalf of a clerk if the clerk  and
 7    the  election  authority  agree,  to the proper polling place
 8    before the close of the polls  on  the  day  of  the  general
 9    primary,   consolidated  primary,  consolidated,  or  general
10    election.
11        In election jurisdictions  that  have  adopted  a  Direct
12    Recording Electronic Voting System under Article 24C and that
13    count   absentee  ballots  in  the  office  of  the  election
14    authority on election day, the  sealed  absentee  ballots  in
15    their  carrier  envelope  shall be delivered to the office of
16    the election authority by the respective  clerks  before  the
17    close  of  the  polls  on  the  day  of  the general primary,
18    consolidated primary, consolidated, or general election.
19        Not more than 23 days before the nonpartisan, general and
20    consolidated elections, the county clerk shall make available
21    to  those  municipal,  township  and  road  district   clerks
22    conducting  in-person  absentee  voting within such county, a
23    sufficient  number   of   applications,   absentee   ballots,
24    envelopes,  and  printed  voting instruction slips for use by
25    absentee voters in the offices of such clerks. The respective
26    clerks shall receipt for all ballots received,  shall  return
27    all  unused or spoiled ballots to the county clerk on the day
28    of the election and shall strictly account  for  all  ballots
29    received.
30        The  ballots  delivered  to  the  respective clerks shall
31    include  absentee  ballots   for   each   precinct   in   the
32    municipality,  township  or  road  district, or shall include
33    such  separate  ballots  for   each   political   subdivision
34    conducting  an  election  of officers or a referendum on that
 
SB1803 Engrossed            -25-     SRS093 00057 PLM 00057 b
 1    election day as will permit any resident of the municipality,
 2    township or road district to vote absentee in the  office  of
 3    the proper clerk.
 4        The  clerks  of  all  municipalities,  townships and road
 5    districts may distribute applications for absentee ballot for
 6    the use of voters who wish to mail such applications  to  the
 7    appropriate   election  authority.    Such  applications  for
 8    absentee ballots shall be  made  on  forms  provided  by  the
 9    election   authority.   Duplication  of  such  forms  by  the
10    municipal, township or road district clerk is prohibited.
11    (Source: P.A. 91-210, eff. 1-1-00.)

12        (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
13        Sec. 19-7. Upon receipt of such  absent  voter's  ballot,
14    the  election  authority  shall  forthwith  enclose  the same
15    unopened, together with the application made by  said  absent
16    voter  in a large or carrier envelope which shall be securely
17    sealed and endorsed with the name and official title of  such
18    officer  and  the  words,  "This  envelope contains an absent
19    voter's ballot and must be opened on election day,"  together
20    with the number and description of the precinct in which said
21    ballot  is  to  be  voted,  and such officer shall thereafter
22    safely keep the same in his office until counted  by  him  as
23    provided in this Article the next section.
24        Except as provided in Article 24C, the election authority
25    may  choose (i) to have the absentee ballots delivered before
26    the closing of the polls to their proper polling  places  for
27    counting  by the precinct judges or (ii) to have the absentee
28    ballots received after 12:00 noon on election day or too late
29    for delivery before the closing of the polls on election  day
30    counted  in  the  office  of the election authority by one or
31    more panels  of  election  judges  appointed  in  the  manner
32    provided for in this Code.
33    (Source: P.A. 81-155.)
 
SB1803 Engrossed            -26-     SRS093 00057 PLM 00057 b
 1        (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
 2        Sec.   19-8.  In   election  jurisdictions  that  deliver
 3    absentee ballots to the polling place to be  counted  by  the
 4    precinct  judges, the provisions of this Section shall apply.
 5       In case an  absent  voter's  ballot  is  received  by  the
 6    election  authority  prior  to  the  delivery of the official
 7    ballots to the judges of election of the  precinct  in  which
 8    said  elector  resides, such ballot envelope and application,
 9    sealed in the carrier envelope, shall  be  enclosed  in  such
10    package  and  therewith  delivered  to  the  judges  of  such
11    precinct. In case the official ballots for such precinct have
12    been  delivered  to the judges of election at the time of the
13    receipt by the election  authority  of  such  absent  voter's
14    ballot,   such   authority  shall  immediately  enclose  said
15    envelope containing the absent voter's ballot, together  with
16    his  application  therefor,  in  a larger or carrier envelope
17    which shall be securely sealed and addressed on the  face  to
18    the  judges  of  election,  giving  the  name  or  number  of
19    precinct, street and number of polling place, city or town in
20    which such absent voter is a qualified elector, and the words
21    "This  envelope contains an absent voter's ballot and must be
22    opened only on election day at the  polls  immediately  after
23    the  polls are closed," mailing the same, postage prepaid, to
24    such judges of election, or if more convenient, such  officer
25    may  deliver  such  absent  voter's  ballot  to the judges of
26    election in person or by duly deputized agent,  said  officer
27    to secure his receipt for delivery of such ballot or ballots.
28    Absent  voters'  ballots  returned  by absentee voters to the
29    election authority after the  closing  of  the  polls  on  an
30    election  day  shall  be  endorsed  by the election authority
31    receiving the same with the day and hour of receipt and shall
32    be safely kept unopened by such election  authority  for  the
33    period  of time required for the preservation of ballots used
34    at such election, and shall then, without  being  opened,  be
 
SB1803 Engrossed            -27-     SRS093 00057 PLM 00057 b
 1    destroyed  in  like  manner  as  the  used  ballots  of  such
 2    election.
 3        All  absent  voters'  ballots  received  by  the election
 4    authority after 12:00 noon on election day or  too  late  for
 5    delivery  to  the  proper polling place before the closing of
 6    the polls on election  day,  and  Special  Write-In  Absentee
 7    Voter's  Blank  Ballots,  except  ballots  returned  by  mail
 8    postmarked  after midnight preceding the opening of the polls
 9    on election day, and all absent voters' ballots  in  election
10    jurisdictions  that  use voting systems authorized by Article
11    24C shall be endorsed by the election authority receiving the
12    same with the day and hour of receipt and shall be counted in
13    the office of the  election  authority  on  the  day  of  the
14    election   after   7:00  p.m.   All  absent  voters'  ballots
15    delivered in error to the wrong precinct polling place  shall
16    be  returned to the election authority and counted under this
17    provision; however, all  absentee  ballots  received  by  the
18    election  authority  by  the  close of absentee voting in the
19    office of the election authority on the day preceding the day
20    of election shall be delivered to the proper precinct polling
21    places in time to be counted by the judges of election.
22        Such counting shall commence no later than 8:00 p.m.  and
23    shall  be  conducted  by a panel or panels of election judges
24    appointed in the manner provided by law. Such counting  shall
25    continue   until  all  absent  voters'  ballots  received  as
26    aforesaid have been counted.
27        The procedures set forth in Section 19-9 of this Act  and
28    Articles  17  and  18 of this Code, shall apply to all absent
29    voters'  ballots  counted  under  this  provision,  including
30    comparing the signature  on  the  ballot  envelope  with  the
31    signature  of  the  voter on the permanent voter registration
32    record card taken from the master  file;  except  that  votes
33    shall  be recorded by without regard to precinct designation,
34    except for precinct offices.
 
SB1803 Engrossed            -28-     SRS093 00057 PLM 00057 b
 1    (Source: P.A. 91-357, eff. 7-29-99.)

 2        (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
 3        Sec. 19-9. At the close of the regular balloting  and  at
 4    the  close of the polls the judges of election of each voting
 5    precinct or the panel or panels of judges in  the  office  of
 6    the  election authority, as the case may be, shall proceed to
 7    cast the absent voter's ballot separately, and as each absent
 8    voter's ballot is taken  shall  open  the  outer  or  carrier
 9    envelope,  announce  the absent voter's name, and compare the
10    signature upon the application with the  signature  upon  the
11    certification on the ballot envelope and the signature of the
12    voter  on  the  permanent  voter registration record card. In
13    case the judges find the  certifications  properly  executed,
14    that  the signatures correspond, that the applicant is a duly
15    qualified elector in the precinct and the applicant  has  not
16    been  present and voted within the county where he represents
17    himself to be a qualified elector on such election day,  they
18    shall  open the envelope containing the absent voter's ballot
19    in such manner as not to deface or destroy the  certification
20    thereon, or mark or tear the ballots therein and take out the
21    ballot  or  ballots  therein  contained  without unfolding or
22    permitting the same to be unfolded or  examined,  and  having
23    endorsed  the  ballot  in  like  manner  as other ballots are
24    required to be endorsed, shall deposit the same in the proper
25    ballot box or boxes and enter the absent voter's name in  the
26    poll  book  the  same  as if he had been present and voted in
27    person.  The  judges  shall   place   the   absentee   ballot
28    certification  envelopes  in  a  separate envelope as per the
29    direction of the election authority. Such envelope containing
30    the absentee ballot certification envelopes shall be returned
31    to the election authority and preserved in like manner as the
32    official poll record.
33        In case such signatures do not correspond,  or  that  the
 
SB1803 Engrossed            -29-     SRS093 00057 PLM 00057 b
 1    applicant is not a duly qualified elector in such precinct or
 2    that  the  ballot  envelope  is  open  or has been opened and
 3    resealed, or that said voter is present and has voted  within
 4    the  county  where  he  represents  himself to be a qualified
 5    elector on the day of such election  at  such  election  such
 6    previously  cast  vote  shall  not  be  allowed,  but without
 7    opening  the  absent  voter's  envelope  the  judge  of  such
 8    election shall mark  across  the  face  thereof,  "Rejected",
 9    giving the reason therefor.
10        In case the ballot envelope contains more than one ballot
11    of  any kind, said ballots shall not be counted, but shall be
12    marked "Rejected", giving the reason therefor.
13        The absent  voters'  envelopes  and  affidavits  and  the
14    absent voters' envelope with its contents unopened, when such
15    absent  vote  is  rejected shall be retained and preserved in
16    the manner as now provided for the retention and preservation
17    of official ballots rejected at such election.
18        As  applied  to  an  absentee  ballot  of  a  permanently
19    disabled voter who has complied  with  Section  19-12.1,  the
20    word  "certification"  as  used  in  this  Section  shall  be
21    construed  to refer to the unsworn statement subscribed to by
22    the voter pursuant to Section 19-12.1.
23    (Source: P.A. 87-1052.)

24        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
25        Sec. 19-10. Pollwatchers  may  be  appointed  to  observe
26    in-person  absentee  voting  procedures  at the office of the
27    election authority as well as at municipal, township or  road
28    district  clerks'  offices  where  such  absentee  voting  is
29    conducted.   Such pollwatchers shall qualify and be appointed
30    in the same manner as provided in Sections  7-34  and  17-23,
31    except  each  candidate,  political  party or organization of
32    citizens may appoint only one pollwatcher for  each  location
33    where  in-person  absentee voting is conducted.  Pollwatchers
 
SB1803 Engrossed            -30-     SRS093 00057 PLM 00057 b
 1    shall  be  residents  of  the  county   and   possess   valid
 2    pollwatcher credentials.
 3        In  the polling place on election day, pollwatchers shall
 4    be permitted to be present during the casting of  the  absent
 5    voters'  ballots  and  the  vote  of  any absent voter may be
 6    challenged for cause the same as if he were present and voted
 7    in person, and the judges  of  the  election  or  a  majority
 8    thereof  shall have power and authority to hear and determine
 9    the legality of such ballot; Provided,  however,  that  if  a
10    challenge  to  any absent voter's right to vote is sustained,
11    notice of the same must be given by the judges of election by
12    mail addressed to the voter's place of residence.
13        Where certain absent voters' ballots are counted  on  the
14    day  of  the election in the office of the election authority
15    as provided in this Article Section 19-8 of  this  Act,  each
16    political  party,  candidate and qualified civic organization
17    shall be entitled to have present one  pollwatcher  for  each
18    panel  of election judges therein assigned. Such pollwatchers
19    shall be subject to the same provisions as are  provided  for
20    pollwatchers  in  Sections  7-34  and 17-23 of this Code, and
21    shall be permitted to observe the election judges making  the
22    signature  comparison   between that which is on the absentee
23    ballot application and that which is on the  ballot  envelope
24    and  that which is on the permanent voter registration record
25    card taken from the master file.
26    (Source: P.A. 86-875.)

27        (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
28        Sec.   19-12.2.  Voting   by   physically   incapacitated
29    electors who have made proper  application  to  the  election
30    authority  not  later  than 5 days before the regular primary
31    and  general  election  of  1980  and  before  each  election
32    thereafter shall be conducted on the premises  of  facilities
33    licensed  or  certified pursuant to the Nursing Home Care Act
 
SB1803 Engrossed            -31-     SRS093 00057 PLM 00057 b
 1    for the sole benefit of residents of  such  facilities.  Such
 2    voting  shall  be  conducted  during  any  continuous  period
 3    sufficient  to  allow  all  applicants  to cast their ballots
 4    between the hours of 9 a.m. and 7 p.m. either on the  Friday,
 5    Saturday,  Sunday or Monday immediately preceding the regular
 6    election. This absentee voting on one of said days designated
 7    by the election authority shall be supervised by two election
 8    judges who must be selected by the election authority in  the
 9    following  order  of  priority:  (1) from the panel of judges
10    appointed for the precinct in which such facility is located,
11    or from a panel of judges appointed for  any  other  precinct
12    within the jurisdiction of the election authority in the same
13    ward  or  township, as the case may be, in which the facility
14    is located or, only in the case where a judge or judges  from
15    the  precinct, township or ward are unavailable to serve, (3)
16    from a panel of  judges  appointed  for  any  other  precinct
17    within  the  jurisdiction  of the election authority. The two
18    judges shall be from different political  parties.  Not  less
19    than  30  days  before  each  regular  election, the election
20    authority shall have arranged with the  chief  administrative
21    officer  of each facility in his or its election jurisdiction
22    a mutually convenient time period on  the  Friday,  Saturday,
23    Sunday  or Monday immediately preceding the election for such
24    voting on the premises of the facility and shall  post  in  a
25    prominent  place  in his or its office a notice of the agreed
26    day and time  period  for  conducting  such  voting  at  each
27    facility;  provided  that  the  election  authority shall not
28    later than noon on the Thursday before the election also post
29    the names and addresses of those  facilities  from  which  no
30    applications   were  received  and  in  which  no  supervised
31    absentee voting will be conducted.  All  provisions  of  this
32    Code  applicable  to pollwatchers shall be applicable herein.
33    To the maximum extent  feasible,  voting  booths  or  screens
34    shall  be provided to insure the privacy of the voter. Voting
 
SB1803 Engrossed            -32-     SRS093 00057 PLM 00057 b
 1    procedures shall be as described in Article 17 of this  Code,
 2    except  that ballots shall be treated as absentee ballots and
 3    shall not be counted until the close  of  the  polls  on  the
 4    following day. After the last voter has concluded voting, the
 5    judges  shall seal the ballots in an envelope and affix their
 6    signatures across  the  flap  of  the  envelope.  Immediately
 7    thereafter, the judges shall bring the sealed envelope to the
 8    office  of  the  election  authority  who  shall preserve the
 9    ballots in the office of  the  election  authority  in  those
10    jurisdictions that have adopted a Direct Recording Electronic
11    Voting  System  under  Article  24C  and  that count absentee
12    ballots in  the office of the  election  authority  or  shall
13    deliver  the  such  ballots  to  the  proper precinct polling
14    places prior to the closing  of  the  polls  on  the  day  of
15    election   in  election  jurisdictions  that  count  absentee
16    ballots in the polling place.   Provided,  that  in  election
17    jurisdictions  that  count  absentee  ballots  in the polling
18    place the election authority may arrange for the  judges  who
19    conduct  such  voting  on  the  Monday before the election to
20    deliver the sealed envelope directly to the  proper  precinct
21    polling  place on the day of election and shall announce such
22    procedure in the 30 day notice  heretofore  prescribed.   The
23    judges   of  election  shall  also  report  to  the  election
24    authority the name of any applicant in the facility who,  due
25    to  unforeseen  circumstance  or  condition  or  because of a
26    religious holiday, was unable to vote.  In  this  event,  the
27    election authority may appoint a qualified person from his or
28    its  staff to deliver the ballot to such applicant on the day
29    of  election.   This  staff  person  shall  follow  the  same
30    procedures prescribed for judges conducting  absentee  voting
31    in such facilities; but shall return the ballot to the proper
32    precinct  polling  place  before the polls close. However, if
33    the facility from which the application was made is also used
34    as a regular precinct polling place for  that  voter,  voting
 
SB1803 Engrossed            -33-     SRS093 00057 PLM 00057 b
 1    procedures  heretofore  prescribed may be implemented by 2 of
 2    the election judges of opposite party affiliation assigned to
 3    that polling place during the hours of voting on the  day  of
 4    the  election.  Judges  of  election shall be compensated not
 5    less than $25.00  for  conducting  absentee  voting  in  such
 6    facilities.
 7        Not  less than 120 days before each regular election, the
 8    Department of Public Health shall certify to the State  Board
 9    of  Elections  a list of the facilities licensed or certified
10    pursuant to the Nursing Home Care Act, and shall indicate the
11    approved  bed  capacity   and   the   name   of   the   chief
12    administrative  officer  of each such facility, and the State
13    Board of Elections shall certify the same to the  appropriate
14    election authority within 20 days thereafter.
15    (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)

16        (10 ILCS 5/19-15)
17        Sec.  19-15.  Precinct tabulation optical scan technology
18    voting  equipment  and  direct  recording  electronic  voting
19    systems equipment.
20        If the election authority has adopted the use of Precinct
21    Tabulation Optical Scan Technology voting equipment  pursuant
22    to  Article  24B  of this Code or Direct Recording Electronic
23    Voting  Systems  equipment  under  Article   24C,   and   the
24    provisions of those Articles the Article are in conflict with
25    the  provisions of this Article 19, the provisions of Article
26    24B or Article 24C, as the case  may  be,  shall  govern  the
27    procedures  followed by the election authority, its judges of
28    elections, and all employees and agents.   In  following  the
29    provisions  of  Article  24B  or  Article  24C,  the election
30    authority is authorized to develop and  implement  procedures
31    to  fully utilize Precinct Tabulation Optical Scan Technology
32    voting  equipment  or  Direct  Recording  Electronic   Voting
33    Systems  equipment authorized by the State Board of Elections
 
SB1803 Engrossed            -34-     SRS093 00057 PLM 00057 b
 1    as long as the procedure  is  not  in  conflict  with  either
 2    Article  24B, Article 24C, or the administrative rules of the
 3    State Board of Elections.
 4    (Source: P.A. 89-394, eff. 1-1-97.)

 5        (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
 6        Sec. 20-2. Any  member  of  the  United  States  Service,
 7    otherwise qualified to vote, who expects in the course of his
 8    duties  to  be  absent from the county in which he resides on
 9    the day of holding any election may make application  for  an
10    absentee ballot to the election authority having jurisdiction
11    over his precinct of residence on the official postcard or on
12    a  form  furnished by the election authority as prescribed by
13    Section 20-3 of this Article not less than 10 days before the
14    election. A request pursuant to this  Section  shall  entitle
15    the applicant to an absentee ballot for every election in one
16    calendar  year.  The original application for ballot shall be
17    kept in the office of the election authority for one year  as
18    authorization to send a ballot to the voter for each election
19    to  be  held  within that calendar year.  A certified copy of
20    such application for ballot shall be sent each election  with
21    the  absentee  ballot to the polling place to be used in lieu
22    of the original application for ballot. No registration shall
23    be required in order to vote pursuant to this Section.
24        Ballots  under  this  Section  shall  be  mailed  by  the
25    election authority in the manner prescribed by  Section  20-5
26    of  this  Article and not otherwise. Ballots voted under this
27    Section  must  be  returned  to  the  election  authority  in
28    sufficient time for  delivery  (i)  to  the  proper  precinct
29    polling  place  before the closing of the polls on the day of
30    the election in jurisdictions that count absentee ballots  in
31    the  polling  place  or  (ii)  to  the office of the election
32    authority  before  the  closing  of  the   polls   in   those
33    jurisdictions that have adopted a Direct Recording Electronic
 
SB1803 Engrossed            -35-     SRS093 00057 PLM 00057 b
 1    Voting  System  under  Article  24C  and  that count absentee
 2    ballots in the office of the election authority.
 3    (Source: P.A. 86-875.)

 4        (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
 5        Sec. 20-2.1. Citizens of the  United  States  temporarily
 6    residing  outside the territorial limits of the United States
 7    who are not registered but otherwise qualified  to  vote  and
 8    who expect to be absent from their county of residence during
 9    the periods of voter registration provided for in Articles 4,
10    5  or  6 of this Code and on the day of holding any election,
11    may make simultaneous application to the  election  authority
12    having  jurisdiction  over their precinct of residence for an
13    absentee registration and absentee ballot not  less  than  30
14    days before the election. Such application may be made on the
15    official  postcard  or  on  a  form furnished by the election
16    authority as prescribed by Section 20-3 of  this  Article.  A
17    request  pursuant to this Section shall entitle the applicant
18    to an absentee ballot for  every  election  in  one  calendar
19    year.  The  original  application for ballot shall be kept in
20    the  office  of  the  election  authority  for  one  year  as
21    authorization to send a ballot to the voter for each election
22    to be held within that calendar year.  A  certified  copy  of
23    such  application for ballot shall be sent each election with
24    the absentee ballot to the polling place to be used  in  lieu
25    of the original application for ballot.
26        Registration  shall be required in order to vote pursuant
27    to this Section. However, if the election authority  receives
28    one  of  such applications after 30 days but not less than 10
29    days before a Federal election, said applicant shall be  sent
30    a ballot containing the Federal offices only and registration
31    for that election shall be waived.
32        Ballots  under  this  Section  shall  be  mailed  by  the
33    election  authority  in the manner prescribed by Section 20-5
 
SB1803 Engrossed            -36-     SRS093 00057 PLM 00057 b
 1    of this Article and not otherwise.
 2        Ballots under  this  Section  must  be  returned  to  the
 3    election authority in sufficient time for delivery (i) to the
 4    proper precinct polling place before the closing of the polls
 5    on  the day of the election in those jurisdictions that count
 6    absentee ballots in the polling place or (ii) to  the  office
 7    of  the election authority before the closing of the polls on
 8    election day in  those  jurisdictions  that  have  adopted  a
 9    Direct  Recording  Electronic Voting System under Article 24C
10    and that count absentee ballots in the office of the election
11    authority.
12    (Source: P.A. 86-875.)

13        (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
14        Sec.  20-2.2.    Any   non-resident   civilian   citizen,
15    otherwise  qualified  to  vote,  may  make application to the
16    election authority having jurisdiction over his  precinct  of
17    former  residence  for  an  absentee  ballot  containing  the
18    Federal  offices  only not less than 10 days before a Federal
19    election.  Such application may be made only on the  official
20    postcard.  A  request  pursuant to this Section shall entitle
21    the applicant to an absentee ballot for every election in one
22    calendar year  at  which  Federal  offices  are  filled.  The
23    original  application  for ballot shall be kept in the office
24    of the election authority for one year  as  authorization  to
25    send  a  ballot  to  the  voter  for each election to be held
26    within that  calendar  year  at  which  Federal  offices  are
27    filled.   A  certified  copy  of  such application for ballot
28    shall be sent each election with the absentee ballot  to  the
29    polling  place to be used in lieu of the original application
30    for ballot. No registration shall be  required  in  order  to
31    vote  pursuant  to  this Section.  Ballots under this Section
32    shall be mailed by  the  election  authority  in  the  manner
33    prescribed by Section 20-5 of this Article and not otherwise.
 
SB1803 Engrossed            -37-     SRS093 00057 PLM 00057 b
 1    Ballots  under  this Section must be returned to the election
 2    authority in sufficient time for delivery (i) to  the  proper
 3    precinct polling place before the closing of the polls on the
 4    day  of  the  election  in  those  jurisdictions  that  count
 5    absentee  ballots  in the polling place or (ii) to the office
 6    of the election authority before the closing of the polls  on
 7    election  day  in  those  jurisdictions  that  have adopted a
 8    Direct Recording Electronic Voting System under  Article  24C
 9    and that count absentee ballots in the office of the election
10    authority.
11    (Source: P.A. 86-875.)

12        (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
13        Sec.  20-7.  Upon  receipt of such absent voter's ballot,
14    the officer  or  officers  above  described  shall  forthwith
15    enclose the same unopened, together with the application made
16    by  said  absent  voter  in a large or carrier envelope which
17    shall be securely sealed  and  endorsed  with  the  name  and
18    official  title of such officer and the words, "This envelope
19    contains an absent voter's  ballot  and  must  be  opened  on
20    election  day,"  together  with the number and description of
21    the precinct in which said ballot is to be  voted,  and  such
22    officer  shall  thereafter safely keep the same in his office
23    until counted by him as provided in  this  Article  the  next
24    section.
25        Except as provided in Article 24C, the election authority
26    may  choose (i) to deliver the absentee ballots to the proper
27    precinct polling place before the close of the polls  on  the
28    election  day to be counted by the precinct judges or (ii) to
29    have the  absentee  ballots  received  after  12:00  noon  on
30    election  day  or too late for delivery before the closing of
31    the polls on election  day  counted  in  the  office  of  the
32    election  authority  by one or more panels of election judges
33    appointed in the manner provided for in this Code.
 
SB1803 Engrossed            -38-     SRS093 00057 PLM 00057 b
 1    (Source: P.A. 81-155.)

 2        (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
 3        Sec.  20-8.  (a) In  election  jurisdictions  that  count
 4    absentee ballots in the polling place, this subsection  shall
 5    apply.
 6        In  case  any  such  ballot  is  received by the election
 7    authority  prior to the delivery of the official  ballots  to
 8    the  judges of election of the precinct in which said elector
 9    resides, such ballot envelope and application, sealed in  the
10    carrier  envelope, shall be enclosed in the same package with
11    the other official ballots and  therewith  delivered  to  the
12    judges  of  such  precinct.  In case the official ballots for
13    such precinct have been delivered to the judges  of  election
14    at  the time of the receipt by the election authority of such
15    absent voter's ballot,  it  shall  immediately  enclose  said
16    envelope  containing the absent voter's ballot, together with
17    his application therefor, in a  larger  or  carrier  envelope
18    which  shall  be securely sealed and addressed on the face to
19    the  judges  of  election,  giving  the  name  or  number  of
20    precinct, street and number of polling place, city or town in
21    which such absent voter  is  a  qualified  elector,  and  the
22    words,  "This  envelope contains an absent voter's ballot and
23    must be opened only on election day at the polls  immediately
24    after  the  polls  are  closed,"  mailing  the  same, postage
25    prepaid, to such judges of election, or if more convenient he
26    or it may deliver such absent voter's ballot to the judges of
27    election in person or by duly deputized agent and secure  his
28    receipt  for  delivery  of  such  ballot  or  ballots. Absent
29    voter's ballots  postmarked  after  11:59  p.m.  of  the  day
30    immediately  preceding  the election returned to the election
31    authority too late to be  delivered  to  the  proper  polling
32    place  before the closing of the polls on the day of election
33    shall be endorsed by the person receiving the same  with  the
 
SB1803 Engrossed            -39-     SRS093 00057 PLM 00057 b
 1    day  and hour of receipt and shall be safely kept unopened by
 2    the election authority for the period of  time  required  for
 3    the  preservation of ballots used at such election, and shall
 4    then, without being opened, be destroyed in  like  manner  as
 5    the used ballots of such election.
 6        (b)  All  absent voters' ballots received by the election
 7    authority after 12:00 noon on election day or  too  late  for
 8    delivery  to  the  proper polling place before the closing of
 9    the polls on election day, except ballots  returned  by  mail
10    postmarked  after midnight preceding the opening of the polls
11    on election day, and all absent voters' ballots  in  election
12    jurisdictions  that  use voting systems authorized by Article
13    24C shall be counted in the office of the election  authority
14    on the day of the election after 7:00 p.m. All absent voters'
15    ballots  delivered  in  error  to  the wrong precinct polling
16    place shall be returned to the election authority and counted
17    under this provision.
18        Such counting shall commence no later than 8:00 p.m.  and
19    shall  be  conducted  by a panel or panels of election judges
20    appointed in the manner provided by law. Such counting  shall
21    continue   until  all  absent  voters'  ballots  received  as
22    aforesaid have been counted.
23        The procedures set forth in Section 19-9 of this Act  and
24    Articles  17  and  18 of this Code, shall apply to all absent
25    voters' ballots counted under  this  provision;  except  that
26    votes  shall  be  recorded  by  without  regard  to  precinct
27    designation.
28        Where  certain  absent voters' ballots are counted in the
29    office of the election authority as provided in this Section,
30    each  political  party,   candidate   and   qualified   civic
31    organization   shall   be   entitled   to  have  present  one
32    pollwatcher  for  each  panel  of  election  judges   therein
33    assigned.
34    (Source: P.A. 84-861.)
 
SB1803 Engrossed            -40-     SRS093 00057 PLM 00057 b
 1        (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
 2        Sec.  20-9.  At the close of the regular balloting and at
 3    the close of the polls the judges of election of each  voting
 4    precinct  or  the  panel or panels of judges in the office of
 5    the election authority, as the case may be, shall proceed  to
 6    cast the absent voter's ballot separately, and as each absent
 7    voter's  ballot  is  taken  shall  open  the outer or carrier
 8    envelope, announce the absent voter's name, and  compare  the
 9    signature  upon  the  application with the signature upon the
10    registration record card if the voter is registered  or  upon
11    the  certification  on  the  ballot  envelope  if there is no
12    registration card. In case the judges find the certifications
13    properly executed, that the signatures correspond,  that  the
14    applicant is a duly qualified elector in the precinct and the
15    applicant  has  not  been present and voted within the county
16    where he represents himself to be a qualified elector on such
17    election day, they shall open  the  envelope  containing  the
18    absent  voter's  ballot  in  such  manner as not to deface or
19    destroy the  certification  thereon,  or  mark  or  tear  the
20    ballots  therein  and  take out the ballot or ballots therein
21    contained without unfolding or  permitting  the  same  to  be
22    unfolded  or  examined,  and having endorsed or initialed the
23    ballot in like manner as other ballots  are  required  to  be
24    endorsed,  shall deposit the same in the proper ballot box or
25    boxes  and  mark  the  voter's   registration   record   card
26    accordingly  or  file  the  application  in lieu thereof. The
27    judges  shall  place  the   absentee   ballot   certification
28    envelopes  in a separate envelope as per the direction of the
29    election authority. Such  envelope  containing  the  absentee
30    ballot  certification  envelopes  shall  be  returned  to the
31    election authority  and  preserved  in  like  manner  as  the
32    official poll record.
33        In  case  the  signatures  do not correspond, or that the
34    applicant is not a duly qualified elector in such precinct or
 
SB1803 Engrossed            -41-     SRS093 00057 PLM 00057 b
 1    that the ballot envelope is  open  or  has  been  opened  and
 2    resealed  (except for the purpose of military censorship), or
 3    that said voter is present and has voted  within  the  county
 4    where  he represents himself to be a qualified elector on the
 5    day of such election at such election  such  previously  cast
 6    vote  shall  not  be  allowed, but without opening the absent
 7    voter's envelope the judge of such election shall mark across
 8    the face thereof, "Rejected", giving the reason therefor.
 9        In case the ballot envelope contains  duplicate  ballots,
10    said  ballots  shall  not  be  counted,  but  shall be marked
11    "Rejected", giving the reason therefor.
12        The absent voters' envelopes and certifications  and  the
13    absent voters' envelope with its contents unopened, when such
14    absent  vote  is  rejected shall be retained and preserved in
15    the manner as now provided for the retention and preservation
16    of official ballots rejected at such election.
17    (Source: P.A. 87-1052.)

18        (10 ILCS 5/20-15)
19        Sec. 20-15.  Precinct tabulation optical scan  technology
20    voting  equipment  and  direct  recording  electronic  voting
21    systems equipment.
22        If the election authority has adopted the use of Precinct
23    Tabulation  Optical Scan Technology voting equipment pursuant
24    to Article 24B of this Code or  Direct  Recording  Electronic
25    Voting  Systems equipment under Article 24C of this Code, and
26    the provisions of those Articles the Article are in  conflict
27    with  the  provisions  of  this Article 20, the provisions of
28    Article 24B or Article 24C, as the case may be, shall  govern
29    the procedures followed by the election authority, its judges
30    of elections, and all employees and agents.  In following the
31    provisions  of  Article  24B  or  Article  24C,  the election
32    authority is authorized to develop and  implement  procedures
33    to  fully utilize Precinct Tabulation Optical Scan Technology
 
SB1803 Engrossed            -42-     SRS093 00057 PLM 00057 b
 1    voting  equipment  or  Direct  Recording  Electronic   Voting
 2    Systems  equipment authorized by the State Board of Elections
 3    as long as the procedure  is  not  in  conflict  with  either
 4    Article  24B, Article 24C, or the administrative rules of the
 5    State Board of Elections.
 6    (Source: P.A. 89-394, eff. 1-1-97.)

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

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

25        (10 ILCS 5/24C-2 new)
26        Sec. 24C-2. Definitions.  As used in this Article:
27        "Audit  trail"  means  a  continuous  trail  of  evidence
28    linking individual transactions related  to  the  vote  count
29    with  the  summary  record of vote totals, but that shall not
30    allow for the identification  of  the  voter.  An  electronic
31    voting  system  shall produce a permanent paper record with a
 
SB1803 Engrossed            -43-     SRS093 00057 PLM 00057 b
 1    manual audit capacity for each ballot cast at  the  time  the
 2    voter  votes  that  the  voter  shall review ("voter verified
 3    paper  audit  trail")  prior  to  the  voter  depositing  the
 4    permanent paper record into a "ballot" box before leaving the
 5    polling place. This voter verified paper audit trail shall be
 6    cross-auditable against the electronic  ballots  recorded  by
 7    the  voting  machine as a verification of the accuracy of the
 8    count and detection of  any  possible  problems  with  either
 9    electronic  ballots  or voter verified paper audit trail, but
10    shall not allow for the  identification  of  the  voter.  The
11    voter  verified  paper  audit trail shall be available as the
12    official record for any recount conducted for any election in
13    which the system is used. It shall permit verification of the
14    accuracy  of  the  count  and  detection  and  correction  of
15    problems and shall provide a record of each  step  taken  in:
16    defining   and   producing  ballots  and  generating  related
17    software  for  specific  elections;  installing  ballots  and
18    software; testing system readiness;  casting  and  tabulating
19    ballots;  and  producing  reports of vote totals.  The record
20    shall incorporate system status and error messages  generated
21    during  election  processing,  including  a  log  of  machine
22    activities and routine and unusual intervention by authorized
23    and unauthorized individuals.  Also part of an election audit
24    trail is the documentation of such items as ballots delivered
25    and collected, administrative procedures for system security,
26    pre-election  testing  of  voting  systems,  and  maintenance
27    performed on voting equipment.
28        "Ballot"  means  an  electronic audio or video display or
29    any other medium used to record a  voter's  choices  for  the
30    candidates of his or her preference and for or against public
31    questions.
32        "Ballot  configuration"  means the particular combination
33    of political subdivision or district ballots  including,  for
34    each   political  subdivision  or  district,  the  particular
 
SB1803 Engrossed            -44-     SRS093 00057 PLM 00057 b
 1    combination of offices, candidate names, and public questions
 2    as they appear for each group of voters who may cast the same
 3    ballot.
 4        "Ballot image" means a  corresponding  representation  in
 5    electronic form of the mark or vote position of a ballot.
 6        "Ballot  label"  or  "ballot screen" means the display of
 7    material containing the names of offices and  candidates  and
 8    public questions to be voted on.
 9        "Computer",    "automatic   and   electronic   tabulating
10    equipment", or "equipment" includes (i)  apparatus  necessary
11    to automatically or electronically examine and count votes as
12    designated  on ballots and (ii) data processing machines that
13    can be used for counting ballots and tabulating results.
14        "Computer  operator"  means   any   person   or   persons
15    designated by the election authority to operate the automatic
16    tabulating  equipment during any portion of the vote tallying
17    process in an election,  but  shall  not  include  judges  of
18    election operating vote tabulating equipment in the precinct.
19        "Computer   program"   or  "program"  means  the  set  of
20    operating  instructions  for  the  automatic  or   electronic
21    tabulating   equipment   that   examines,   records,  counts,
22    tabulates, canvasses, and prints votes recorded by a voter on
23    a ballot.
24        "Direct  recording  electronic  voting  system",  "voting
25    system", or "system" means the combination of  equipment  and
26    programs  that  records  votes  by  means of a ballot display
27    provided with mechanical or electro-optical devices that  can
28    be  activated  by the voter, that processes the data by means
29    of a computer program, that records voting  data  and  ballot
30    images  in  internal  memory  devices,  that produces a voter
31    verified paper audit trail, and that produces a tabulation of
32    the voting data as hard copy or stored in a removable  memory
33    device.
34        "Edit  listing" means a computer generated listing of the
 
SB1803 Engrossed            -45-     SRS093 00057 PLM 00057 b
 1    names of each candidate and public question as they appear in
 2    the program for each precinct.
 3        "In-precinct counting" means the recording  and  counting
 4    of  ballots  on  automatic or electronic tabulating equipment
 5    provided by the  election  authority  in  the  same  precinct
 6    polling place in which those ballots have been cast.
 7        "Separate ballot" means a separate page or display screen
 8    of  the  ballot  that  is clearly defined and distinguishable
 9    from other portions of the ballot.
10        "Voting  device"  or  "voting  machine"  means  a  Direct
11    Recording Voting System apparatus.
12        "Voter verified paper  audit  trail"  means  a  permanent
13    paper  record  with a manual audit capacity produced for each
14    ballot cast at the time the voter votes. The voter shall have
15    the opportunity to review this permanent  paper  record.  Any
16    record  of  voter  intent  shall be written in human readable
17    form on  this  permanent  paper  record.  Election  officials
18    retain this permanent paper record as the official record for
19    any  recount  conducted with respect to any election in which
20    the system is used.

21        (10 ILCS 5/24C-3 new)
22        Sec. 24C-3. Adoption, experimentation, or abandonment  of
23    Direct  Recording  Electronic  Voting  System;  boundaries of
24    precincts; notice.  Any  county  board  or  board  of  county
25    commissioners,   with   respect   to   territory  within  its
26    jurisdiction, may adopt, experiment with, or abandon a Direct
27    Recording Electronic Voting System approved for  use  by  the
28    State  Board  of  Elections  and may use the system in all or
29    some  of  the  precincts  within  its  jurisdiction,  or   in
30    combination  with  punch  cards,  paper  ballots,  or  ballot
31    sheets.  In  no  case  may  a  county  board, board of county
32    commissioners, or board of election commissioners contract or
33    arrange  for  the  purchase,  lease,  or  loan  of  a  Direct
 
SB1803 Engrossed            -46-     SRS093 00057 PLM 00057 b
 1    Recording  Electronic  Voting  System  or  system   component
 2    without  the  approval  of  the  State  Board of Elections as
 3    provided by Section 24C-16.  The county board  and  board  of
 4    county  commissioners  of  each county having a population of
 5    40,000 or more, with respect to all elections  for  which  an
 6    election  authority  is  charged  with  the duty of providing
 7    materials  and  supplies,  must  provide  either   a   Direct
 8    Recording  Electronic  Voting  System approved for use by the
 9    State Board of Elections under this Article or voting systems
10    under Article 24,  Article  24A,  or  Article  24B  for  each
11    precinct  for  all  elections,  except as provided in Section
12    24-1.2.  For purposes of this Section "population"  does  not
13    include persons prohibited from voting by Section 3-5 of this
14    Code.
15        Before  any  Direct Recording Electronic Voting System is
16    introduced, adopted, or used in any precinct or territory, at
17    least 2 months public notice must be given before the date of
18    the first election when  the  system  is  to  be  used.   The
19    election  authority shall publish the notice at least once in
20    one or more newspapers published within the county, or  other
21    jurisdiction,  where  the  election  is held.  If there is no
22    such newspaper, the notice shall be published in a  newspaper
23    published  in  the  county  and  having a general circulation
24    within the jurisdiction.  The notice shall  be  substantially
25    as follows:
26        "Notice  is  hereby given that on (give date), at (insert
27    place where election  is  held)  in  the  county  of  (insert
28    county)  an election will be held for (insert name of offices
29    to be filled) at which a Direct Recording  Electronic  Voting
30    System will be used."
31        Dated at ... (insert date)"
32        This  notice referred to shall be given only at the first
33    election at which  the  Direct  Recording  Electronic  Voting
34    System is used.
 
SB1803 Engrossed            -47-     SRS093 00057 PLM 00057 b
 1        (10 ILCS 5/24C-3.1 new)
 2        Sec.  24C-3.1. Retention, consolidation, or alteration of
 3    existing  precincts;  change  of  location.   When  a  Direct
 4    Recording Electronic Voting System is used, the county  board
 5    or  board  of  election  commissioners  may  retain  existing
 6    precincts  or  may  consolidate, combine, alter, decrease, or
 7    enlarge the boundaries of the precincts to change the  number
 8    of  registered  voters  of  the  precincts  using the system,
 9    establishing the number  of  registered  voters  within  each
10    precinct  at  a  number  not to exceed 800 as the appropriate
11    county board or board of  election  commissioners  determines
12    will  afford  adequate  voting  facilities  and efficient and
13    economical elections.
14        Except in the event of a fire, flood, or  total  loss  of
15    heat  in  a place fixed or established pursuant to law by any
16    county board or board of election commissioners as a  polling
17    place for an election, no election authority shall change the
18    location  of  a  polling  place  established for any precinct
19    after notice of the place of holding the  election  for  that
20    precinct  has been given as required under Article 12, unless
21    the election authority notifies all registered voters in  the
22    precinct  of  the  change  in location by first class mail in
23    sufficient  time  for  the  notice  to  be  received  by  the
24    registered voters in the precinct at least one day  prior  to
25    the date of the election.

26        (10 ILCS 5/24C-4 new)
27        Sec.  24C-4.  Use  of  Direct Recording Electronic Voting
28    System; requisites; applicable procedure.   Direct  Recording
29    Electronic  Voting  Systems may be used in elections provided
30    that the systems enable the voter to  cast  a  vote  for  all
31    offices  and  on  all public questions for which he or she is
32    entitled to vote, and that the systems are approved  for  use
33    by the State Board of Elections.
 
SB1803 Engrossed            -48-     SRS093 00057 PLM 00057 b
 1        So  far  as applicable, the procedure provided for voting
 2    paper ballots shall apply when  Direct  Recording  Electronic
 3    Voting  Systems are used.  The provisions of this Article 24C
 4    will govern when there are conflicts.

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

14        (10 ILCS 5/24C-5.1 new)
15        Sec. 24C-5.1. Instruction of voters.  Before entering the
16    voting booth each voter shall be offered instruction in using
17    the   Direct   Recording   Electronic   Voting   System.   In
18    instructing voters, no election judge may show partiality  to
19    any  political party or candidate.  The duties of instruction
20    shall be discharged by a judge from  each  of  the  political
21    parties  represented  and  they  shall  alternate  serving as
22    instructor so that each judge shall  serve  a  like  time  at
23    those  duties.   No instructions may be given after the voter
24    has entered the voting booth.
25        No election judge or person assisting a voter may in  any
26    manner  request,  suggest,  or seek to persuade or induce any
27    voter to cast his or her  vote  for  any  particular  ticket,
28    candidate,   amendment,   question,   or   proposition.   All
29    instructions shall be given by election judges  in  a  manner
30    that  it  may  be  observed  by  other persons in the polling
31    place.
 
SB1803 Engrossed            -49-     SRS093 00057 PLM 00057 b
 1        (10 ILCS 5/24C-5.2 new)
 2        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
 3    Electronic Voting System; placement in public library.   When
 4    a  Direct Recording Electronic Voting System is to be used in
 5    a forthcoming election, the election authority  may  provide,
 6    for  the  purpose  of instructing voters in the election, one
 7    demonstrator Direct Recording Electronic Voting  System  unit
 8    for  placement  in  any  public  library within the political
 9    subdivision where the election occurs. If the placement of  a
10    demonstrator  takes place it shall be made available at least
11    30 days before the election.

12        (10 ILCS 5/24C-6 new)
13        Sec. 24C-6.  Ballot  information;  arrangement;  absentee
14    ballots;  spoiled  ballots.  The ballot information shall, as
15    far as practicable, be in the order of  arrangement  provided
16    for  paper  ballots,  except  that  the information may be in
17    vertical or horizontal rows or on a number of separate  pages
18    or display screens.
19        All public questions, including but not limited to public
20    questions    calling   for   a   constitutional   convention,
21    constitutional amendment, or  judicial  retention,  shall  be
22    placed  on  the  ballot  separate  and apart from candidates.
23    Ballots for all public questions shall be clearly  designated
24    pursuant  to  administrative  rule  of  the  State  Board  of
25    Elections.    More than one amendment to the constitution may
26    be  placed  on  the  same  portion  of  the  ballot   screen.
27    Constitutional   convention   or   constitutional   amendment
28    propositions   shall   precede   all   candidates  and  other
29    propositions and shall be placed on a separate portion of the
30    ballot and designated by borders  or  unique  color  screens,
31    unless otherwise provided by administrative rule of the State
32    Board  of  Elections.   More  than one public question may be
33    placed on the same portion of the ballot. Judicial  retention
 
SB1803 Engrossed            -50-     SRS093 00057 PLM 00057 b
 1    propositions  shall  be  placed  on a separate portion of the
 2    ballot designated pursuant  to  administrative  rule  of  the
 3    State  Board  of  Elections.  More  than  one proposition for
 4    retention of judges in office  may  be  placed  on  the  same
 5    portion of the ballot.
 6        The  party  affiliation, if any, of each candidate or the
 7    word "independent", where applicable, shall  appear  near  or
 8    under  the  candidate's name, and the names of candidates for
 9    the same office shall be listed vertically under the title of
10    that office.   In  the  case  of  nonpartisan  elections  for
11    officers  of political subdivisions, unless the statute or an
12    ordinance adopted pursuant to Article  VII  of  the  Illinois
13    Constitution  requires  otherwise, the listing of nonpartisan
14    candidates shall  not  include  any  party  or  "independent"
15    designation.  In  primary elections, a separate ballot, shall
16    be used for each political party holding a primary, with  the
17    ballot  arranged  to  include  names of the candidates of the
18    party and public questions and other propositions to be voted
19    upon on the day of the primary election.
20        If the ballot includes both  candidates  for  office  and
21    public questions or propositions to be voted on, the election
22    official in charge of the election shall divide the ballot in
23    sections for "Candidates" and "Public Questions", or separate
24    ballots may be used.
25        Any  voter who spoils his or her ballot or makes an error
26    shall be  provided  a  means  of  correcting  the  ballot  or
27    obtaining a new ballot prior to casting his or her ballot.

28        (10 ILCS 5/24C-6.1 new)
29        Sec.  24C-6.1.  Security  designation.   In all elections
30    conducted under this Article, ballots shall have  a  security
31    designation.    In  precincts  where  more  than  one  ballot
32    configuration  may  be  voted  upon,  ballots  shall  have  a
33    different security designation for each ballot configuration.
 
SB1803 Engrossed            -51-     SRS093 00057 PLM 00057 b
 1    If a precinct has only one possible ballot configuration, the
 2    ballots must have a  security  designation  to  identify  the
 3    precinct  and the election.  Where ballots from more than one
 4    precinct are being tabulated, the ballots from each  precinct
 5    must  be  clearly  identified;  official results shall not be
 6    generated unless the precinct identification for any precinct
 7    corresponds.  The Direct Recording Electronic  Voting  System
 8    shall  be  designed  to  ensure  that  the  proper  ballot is
 9    selected for each polling place and that the  format  can  be
10    matched  to the software or firmware required to interpret it
11    correctly.  The system shall provide a means  of  programming
12    each piece of equipment to reflect the ballot requirements of
13    the  election  and  shall  include a means for validating the
14    correctness of the program and of the program's  installation
15    in the equipment or in a programmable memory device.

16        (10 ILCS 5/24C-7 new)
17        Sec. 24C-7. Write-in ballots.  Pursuant to administrative
18    rule  of  the  State  Board  of Elections, a Direct Recording
19    Electronic Voting System shall provide an  acceptable  method
20    for  a  voter to vote for a person whose name does not appear
21    on the ballot using  the  same  Direct  Recording  Electronic
22    Voting System used to record votes for candidates whose names
23    do appear on the ballot.

24        (10 ILCS 5/24C-8 new)
25        Sec.  24C-8.  Preparation for use; comparison of ballots;
26    operational checks  of  Direct  Recording  Electronic  Voting
27    Systems  equipment;  pollwatchers.   The  election  authority
28    shall  cause  the approved Direct Recording Electronic Voting
29    System equipment to  be  delivered  to  the  polling  places.
30    Before  the  opening  of  the  polls,  all  Direct  Recording
31    Electronic  Voting  System  devices  shall  provide a printed
32    record  of  the   following,   upon   verification   of   the
 
SB1803 Engrossed            -52-     SRS093 00057 PLM 00057 b
 1    authenticity  of  the  commands  by  a judge of election: the
 2    election's  identification   data,   the   equipment's   unit
 3    identification,   the  ballot's  format  identification,  the
 4    contents of each active candidate register by office  and  of
 5    each  active  public  question  register  showing  that  they
 6    contain  all  zeros,  all  ballot  fields that can be used to
 7    invoke special voting options, and other  information  needed
 8    to  ensure the readiness of the equipment, and to accommodate
 9    administrative reporting requirements.
10        The  Direct  Recording  Electronic  Voting  System  shall
11    provide a means for the election judges to open  the  polling
12    place  and  ready  the  equipment for the casting of ballots.
13    Those means shall incorporate a security seal, a password, or
14    a data code recognition capability to prevent inadvertent  or
15    unauthorized actuation of the poll-opening function.  If more
16    than  one  step is required, it shall enforce their execution
17    in the proper sequence.
18        Pollwatchers, as provided by law, shall be  permitted  to
19    closely  observe  the  judges  in  these  procedures  and  to
20    periodically  inspect  the Direct Recording Electronic Voting
21    System equipment when not in use by the voters.

22        (10 ILCS 5/24C-9 new)
23        Sec. 24C-9. Testing of Direct Recording Electronic Voting
24    System equipment and  programs;  custody  of  programs,  test
25    materials,  and  ballots.   Prior  to  the  public  test, the
26    election authority shall conduct an errorless pre-test of the
27    Direct  Recording  Electronic  Voting  System  equipment  and
28    programs to determine that they will correctly detect  voting
29    defects  and  count  the  votes  cast for all offices and all
30    public questions.  On any day not less than 5 days  prior  to
31    the  election day, the election authority shall publicly test
32    the Direct Recording Electronic Voting System  equipment  and
33    programs  to  determine  that  they  will correctly count the
 
SB1803 Engrossed            -53-     SRS093 00057 PLM 00057 b
 1    votes cast for all  offices  and  on  all  public  questions.
 2    Public  notice  of  the  time  and place of the test shall be
 3    given at least 48 hours before the  test  by  publishing  the
 4    notice   in  one  or  more  newspapers  within  the  election
 5    jurisdiction of the election authority,  if  a  newspaper  is
 6    published  in  that  jurisdiction.   If  a  newspaper  is not
 7    published in that jurisdiction, notice shall be published  in
 8    a  newspaper  of  general  circulation  in that jurisdiction.
 9    Timely written notice stating the date, time, and location of
10    the public test shall also be provided to the State Board  of
11    Elections.   The test shall be open to representatives of the
12    political parties, the press, representatives  of  the  State
13    Board  of  Elections,  and  the  public.  The  test  shall be
14    conducted by entering a preaudited group of ballots marked to
15    record  a  predetermined  number  of  valid  votes  for  each
16    candidate and on each public question, and shall include  for
17    each  office  one  or more ballots having votes exceeding the
18    number allowed by law to test the ability of  the  electronic
19    tabulating  equipment  to  reject  the votes.  The test shall
20    also include producing an edit listing.
21        The State Board of Elections may select as many  election
22    jurisdictions that the Board deems advisable in the interests
23    of the election process of this State to order a special test
24    of the electronic tabulating equipment and program before any
25    regular  election.  The Board may order a special test in any
26    election jurisdiction where, during the preceding 12  months,
27    computer programming errors or other errors in the use of the
28    system  resulted in vote tabulation errors.  Not less than 30
29    days before any election, the State Board of Elections  shall
30    provide written notice to those selected jurisdictions of its
31    intent  to  conduct  a test.  Within 5 days of receipt of the
32    State Board of Elections' written notice of intent to conduct
33    a test, the  selected  jurisdictions  shall  forward  to  the
34    principal  office  of  the State Board of Elections a copy of
 
SB1803 Engrossed            -54-     SRS093 00057 PLM 00057 b
 1    all specimen ballots.  The State Board  of  Elections'  tests
 2    shall  be conducted and completed not less than 2 days before
 3    the public test using testing materials supplied by the Board
 4    and under the supervision of the Board, and the  Board  shall
 5    reimburse  the  election authority for the reasonable cost of
 6    computer time required to conduct the special test.  After an
 7    errorless test, materials used in the public test,  including
 8    the  program,  if  appropriate,  shall  be  sealed and remain
 9    sealed until the test is run again on election day.   If  any
10    error is detected, the cause of the error shall be determined
11    and  corrected,  and  an  errorless public test shall be made
12    before the automatic tabulating equipment is approved.   Each
13    election  authority  shall  file a sealed copy of each tested
14    program to be used within its  jurisdiction  at  an  election
15    with  the  State Board of Elections before the election.  The
16    Board shall secure the program or programs of  each  election
17    jurisdiction so filed in its office for the 60 days following
18    the  canvass  and  proclamation  of election results.  At the
19    expiration of that time, if no election contest or appeal  is
20    pending  in  an election jurisdiction, the Board shall return
21    the sealed program or programs to the election  authority  of
22    the jurisdiction. After the completion of the count, the test
23    shall  be  re-run  using the same program.  Immediately after
24    the re-run, all material used in testing the program and  the
25    programs  shall  be  sealed and retained under the custody of
26    the election authority for a  period  of  60  days.   At  the
27    expiration  of that time the election authority shall destroy
28    the voted ballots, together with all unused ballots  returned
29    from the precincts, provided, that if any contest of election
30    is  pending  at the time in which the ballots may be required
31    as evidence and the election  authority  has  notice  of  the
32    contest,  the  ballots shall not be destroyed until after the
33    contest  is  finally  determined.   If  the  use  of  back-up
34    equipment becomes necessary, the same  testing  required  for
 
SB1803 Engrossed            -55-     SRS093 00057 PLM 00057 b
 1    the original equipment shall be conducted.

 2        (10 ILCS 5/24C-10 new)
 3        Sec.  24C-10.  Recording  of  votes  by  Direct Recording
 4    Electronic  Voting  Systems.  Whenever  a  Direct   Recording
 5    Electronic Voting System is used to electronically record and
 6    count  the  votes  of ballots, the provisions of this Section
 7    shall apply.  A voter shall cast a proper vote  on  a  ballot
 8    pursuant  to  the  instructions  provided  on  the  screen or
 9    labels.

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

15        (10 ILCS 5/24C-12 new)
16        Sec. 24C-12. Procedures  for  counting  and  tallying  of
17    ballots. In an election jurisdiction where a Direct Recording
18    Electronic  Voting  System  is  used,  the procedures in this
19    Section for counting and tallying the ballots shall apply.
20        Before the opening of the polls, the judges of  elections
21    shall  assemble the voting equipment and devices and turn the
22    equipment on.  The judges shall, if necessary, take steps  to
23    actuate   the   voting  devices  and  counting  equipment  by
24    inserting into the equipment and voting  devices  appropriate
25    electronic  media  containing  passwords  and data codes that
26    will select the proper ballot formats for that polling  place
27    and  that  will prevent inadvertent or unauthorized actuation
28    of the  poll-opening  function.   Before  voting  begins  and
29    before  ballots  are  entered  into  the  voting devices, the
30    judges of election shall cause to be printed a record of  the
31    following:  (i)  the election's identification data, (ii) the
 
SB1803 Engrossed            -56-     SRS093 00057 PLM 00057 b
 1    device's  unit  identification,  (iii)  the  ballot's  format
 2    identification, (iv) the contents of  each  active  candidate
 3    register  by  office  and  of  each  active  public  question
 4    register  showing that they contain all zeros, (v) all ballot
 5    fields that can be used to invoke special voting options, and
 6    (vi) other information needed to ensure the readiness of  the
 7    equipment   and   to   accommodate  administrative  reporting
 8    requirements.  The judges must also check to be sure that the
 9    totals are all zeros in  the  counting  columns  and  in  the
10    public counter affixed to the voting devices.
11        After  the  judges  have  determined  that  a  person  is
12    qualified to vote, the judges shall enable a voting device to
13    be used by the voter and the proper ballot to which the voter
14    is  entitled  shall be selected.  The ballot may then be cast
15    by the voter by marking by appropriate means  the  designated
16    area  of  the  ballot  for  the  casting  of  a  vote for any
17    candidate or for or against any public  question.  The  voter
18    shall  be  able to vote for any and all candidates and public
19    measures appearing on the ballot  in  any  legal  number  and
20    combination  and  the voter shall be able to delete or change
21    his or her selections before the ballot is cast.   The  voter
22    shall  be able to select candidates whose names do not appear
23    upon the ballot for any office by following the  instructions
24    provided  on the screen or labels as many names of candidates
25    as the voter is entitled to select for each office.
26        Upon completing his or her  selection  of  candidates  or
27    public  questions,  the  voter  shall signify that voting has
28    been completed by activating the appropriate button,  switch,
29    or  active  area  of the ballot screen associated with end of
30    voting.  Upon activation, the voting system shall  record  an
31    image  of  the  completed  ballot, shall increment the proper
32    ballot position registers, shall  produce  a  voter  verified
33    paper  audit  trail,  and shall signify to the voter that the
34    ballot has been cast. The voter shall exit the voting station
 
SB1803 Engrossed            -57-     SRS093 00057 PLM 00057 b
 1    and the voting system shall prevent any  further  attempt  to
 2    vote  until  it  has  been  re-activated  by  the  judges  of
 3    election.  If  the  voter fails to cast his or her ballot and
 4    leaves the polling place, 2 judges of election, one from each
 5    of the 2 major political parties, shall spoil the ballot.
 6        Throughout the election day and before the closing of the
 7    polls, no person may check any vote totals for any  candidate
 8    or public question on the voting or counting equipment.
 9        The  precinct  judges  of election shall check the public
10    register to determine whether the number of  ballots  counted
11    by  the  voting  equipment  agrees  with the number of voters
12    voting as shown by the applications for ballot.  If the  same
13    do  not  agree,  the  judges  of  election  shall immediately
14    contact the offices of the election authority  in  charge  of
15    the  election  for  further  instructions.   If the number of
16    ballots counted by  the  voting  equipment  agrees  with  the
17    number  of  voters  voting  as  shown  by the application for
18    ballot, the number shall  be  listed  on  the  "Statement  of
19    Ballots" form provided by the election authority.
20        The  totals  for all candidates and propositions shall be
21    tabulated and 4 copies of a "Certificate of Results" shall be
22    printed by the electronic tabulating equipment.  In addition,
23    one copy shall be posted in a conspicuous  place  inside  the
24    polling place and every effort shall be made by the judges of
25    election to provide a copy for each authorized pollwatcher or
26    other  official authorized to be present in the polling place
27    to observe the counting of ballots. Additional  copies  shall
28    be made available to pollwatchers, but in no case shall there
29    be  fewer than 4 chosen by lot by the judges of election.  In
30    addition, sufficient time shall be provided by the judges  of
31    election   to   the   pollwatchers  to  allow  them  to  copy
32    information from the copy that has been posted.
33        If instructed by the election authority,  the  judges  of
34    election  shall cause the tabulated returns to be transmitted
 
SB1803 Engrossed            -58-     SRS093 00057 PLM 00057 b
 1    electronically to the offices of the election  authority  via
 2    modem or other electronic medium.
 3        The   precinct   judges   of   election  shall  select  a
 4    bi-partisan team of 2 judges, who  shall  immediately  return
 5    the  ballots  in  a  sealed  container,  along with all other
 6    election  materials  and  equipment  as  instructed  by   the
 7    election  authority;  provided,  however,  that the container
 8    must first be sealed by the  election  judges  with  filament
 9    tape  or  other  approved  sealing  devices  provided for the
10    purpose in a manner that the ballots cannot be  removed  from
11    the  container without breaking the seal or filament tape and
12    disturbing any signatures affixed by the election  judges  to
13    the  container.  The election authority shall keep the office
14    of  the  election  authority,  or  any   receiving   stations
15    designated by the authority, open for at least 12 consecutive
16    hours after the polls close or until the ballots and election
17    material   and  equipment,  as  instructed  by  the  election
18    authority, from all precincts within the jurisdiction of  the
19    election   authority  have  been  returned  to  the  election
20    authority.  Ballots  and  election  materials  and  equipment
21    returned to the office of the election authority that are not
22    signed and sealed as required by law shall not be accepted by
23    the election authority until the judges returning the ballots
24    make  and sign the necessary corrections.  Upon acceptance of
25    the ballots and  election  materials  and  equipment  by  the
26    election  authority,  the  judges returning the ballots shall
27    take a receipt signed by the election authority  and  stamped
28    with  the  time  and date of the return.  The election judges
29    whose duty it is to return any ballots and election materials
30    and equipment as provided shall, in the  event  the  ballots,
31    materials,  or  equipment  cannot  be  found  when needed, on
32    proper request, produce the receipt that they are to take  as
33    above provided.
 
SB1803 Engrossed            -59-     SRS093 00057 PLM 00057 b
 1        (10 ILCS 5/24C-13 new)
 2        Sec.   24C-13.  Counting   of   absentee   ballots.   All
 3    jurisdictions  using  Direct  Recording   Electronic   Voting
 4    Systems  shall  count  absentee  ballots at the office of the
 5    election authority.  The provisions  of  Sections  24A-9  and
 6    24B-9  shall apply to the testing and notice requirements for
 7    central count tabulation equipment, including  comparing  the
 8    signature  on  the  ballot envelope with the signature of the
 9    voter on the permanent voter registration record  card  taken
10    from  the master file; except that votes shall be recorded by
11    precinct.
12        Any  election  authority   using   a   Direct   Recording
13    Electronic  Voting  System  shall use voting systems approved
14    for use under  Articles  16,  24A,  or  24B  when  conducting
15    absentee  voting.  The absentee ballots shall be examined and
16    processed pursuant to Sections 19-9 and  20-9.   The  results
17    shall  be  recorded  by precinct and shall become part of the
18    certificate of results.

19        (10 ILCS 5/24C-14 new)
20        Sec. 24C-14. Tabulating  votes;  direction;  presence  of
21    public;  computer  operator's log and canvass.  The procedure
22    for tabulating the votes by the Direct  Recording  Electronic
23    Voting  System  shall  be under the direction of the election
24    authority and shall conform to the requirements of the Direct
25    Recording   Electronic   Voting   System.       During    any
26    election-related   activity   using   the   Direct  Recording
27    Electronic Voting System equipment,  the  election  authority
28    shall dedicate the equipment to vote processing to ensure the
29    security and integrity of the system.
30        A  reasonable number of pollwatchers shall be admitted to
31    the counting location.  Persons may  observe  the  tabulating
32    process at the discretion of the election authority; however,
33    at  least  one  representative  of each established political
 
SB1803 Engrossed            -60-     SRS093 00057 PLM 00057 b
 1    party and authorized agents of the State Board  of  Elections
 2    shall  be permitted to observe this process at all times.  No
 3    persons except those employed and authorized for the  purpose
 4    shall touch any ballot, ballot box, return, or equipment.
 5        The computer operator shall be designated by the election
 6    authority  and  shall  be  sworn  as a deputy of the election
 7    authority. In conducting the vote tabulation and canvass, the
 8    computer operator must maintain a log which shall include the
 9    following information:
10             (1)  alterations made to  programs  associated  with
11        the vote counting process;
12             (2)  if applicable, console messages relating to the
13        program   and   the  respective  responses  made  by  the
14        operator;
15             (3)  the starting time for  each  precinct  counted,
16        the  number  of  ballots  counted  for each precinct, any
17        equipment  problems  and,  insofar  as  practicable,  the
18        number  of  invalid  security  designations   encountered
19        during that count; and
20             (4)  changes  and  repairs  made  to  the  equipment
21        during the vote tabulation and canvass.
22        The   computer   operator's  log  and  canvass  shall  be
23    available for public inspection in the office of the election
24    authority for a period of 60 days following the  proclamation
25    of  election  results.  A copy of the computer operator's log
26    and the canvass shall be transmitted to the  State  Board  of
27    Elections upon its request and at its expense.

28        (10 ILCS 5/24C-15 new)
29        Sec.  24C-15.  Official  return  of  precinct;  check  of
30    totals;  audit.  The  precinct  return  printed by the Direct
31    Recording Electronic Voting System tabulating equipment shall
32    include the number of ballots  cast,  ballots  cast  by  each
33    political  party  for  a primary election, and votes cast for
 
SB1803 Engrossed            -61-     SRS093 00057 PLM 00057 b
 1    each candidate and public question and shall  constitute  the
 2    official return of each precinct. In addition to the precinct
 3    return,  the  election  authority shall provide the number of
 4    applications for ballots in each precinct, the  total  number
 5    of  ballots  counted  in  each  precinct  for  each political
 6    subdivision and district, the number of registered voters  in
 7    each precinct, and the voter verified paper audit trail.  The
 8    election  authority  shall  check  the  totals  shown  by the
 9    precinct return and,  if  there  is  an  obvious  discrepancy
10    regarding  the  total  number  of votes cast in any precinct,
11    shall have the ballots for that precinct audited  to  correct
12    the  return.  The procedures for this audit shall apply prior
13    to and after the proclamation is  completed;  however,  after
14    the  proclamation  of  results,  the  election authority must
15    obtain a court order  to  unseal  voted  ballots  except  for
16    election contests and discovery recounts.  The certificate of
17    results,  that  has been prepared and signed by the judges of
18    election in the polling place and at the election authority's
19    office after the ballots have been tabulated,  shall  be  the
20    document  used  for  the  canvass  of votes for the precinct.
21    Whenever a discrepancy exists during  the  canvass  of  votes
22    between   the  unofficial  results  and  the  certificate  of
23    results, or whenever a discrepancy exists during the  canvass
24    of  votes  between  the certificate of results and the set of
25    totals reflected on the certificate of results,  the  ballots
26    for that precinct shall be audited to correct the return.
27        Prior  to  the proclamation, the election authority shall
28    test the voting devices and equipment in 5% of the  precincts
29    within the election jurisdiction.  The precincts to be tested
30    shall be selected after election day on a random basis by the
31    State  Board  of  Elections,  so  that  every precinct in the
32    election jurisdiction has an  equal  mathematical  chance  of
33    being selected.
34        The  test  shall  be  conducted  by entering a preaudited
 
SB1803 Engrossed            -62-     SRS093 00057 PLM 00057 b
 1    group of ballots marked to record a predetermined  number  of
 2    valid  votes  for each candidate and on each public question,
 3    and shall include for each office one or  more  ballots  that
 4    have votes in excess of the number allowed by law to test the
 5    ability of the equipment to reject those votes.  If any error
 6    is detected, the cause shall be determined and corrected, and
 7    an  errorless  count  shall  be  made  prior  to the official
 8    canvass and proclamation of election results.
 9        The State Board of Elections, the  State's  Attorney  and
10    other  appropriate  law enforcement agencies, the chairman of
11    the county central committee of  each  established  political
12    party, and qualified civic organizations shall be given prior
13    written  notice  of the time and place of the test and may be
14    represented at the test.
15        The results of this re-tabulation shall be treated in the
16    same manner and have the same effect as the  results  of  the
17    discovery  procedures  set  forth  in  Section 22-9.1 of this
18    Code.  Upon completion of the test,  the  election  authority
19    shall  print a report showing the results of the test and any
20    errors encountered and the report shall be made available for
21    public inspection.

22        (10 ILCS 5/24C-15.01 new)
23        Sec. 24C-15.01. Transporting ballots to central  counting
24    station;  container.   Upon  completion  of  the  tabulation,
25    audit, or test of voting equipment, if the election authority
26    so instructs, pursuant to Sections 24C-11 through 24C-15, the
27    voting  equipment  and  ballots  from  each precinct shall be
28    replaced in the container in which they were  transported  to
29    the central counting station.  If the container is not a type
30    that  may  be  securely  locked,  then each container, before
31    being transferred from the counting station to storage, shall
32    be sealed with filament tape  wrapped  around  the  container
33    lengthwise  and  crosswise, at least twice each way, and in a
 
SB1803 Engrossed            -63-     SRS093 00057 PLM 00057 b
 1    manner that the equipment and ballots cannot be removed  from
 2    the container without breaking the tape.

 3        (10 ILCS 5/24C-15.1 new)
 4        Sec.  24C-15.1. Discovery recounts and election contests.
 5    Discovery recounts and election contests shall  be  conducted
 6    as otherwise provided for in this Code.  The Direct Recording
 7    Electronic  Voting  System equipment shall be tested prior to
 8    the discovery recount or  election  contest  as  provided  in
 9    Section  24C-9  and  then  the  electronic  ballots  shall be
10    audited against the voter verified paper audit trail.
11        The log  of  the  computer  operator  and  all  materials
12    retained  by  the  election  authority  in  relation  to vote
13    tabulation and  canvass  shall  be  made  available  for  any
14    discovery recount or election contest.

15        (10 ILCS 5/24C-16 new)
16        Sec.  24C-16.  Approval  of  Direct  Recording Electronic
17    Voting Systems; requisites.  The  State  Board  of  Elections
18    shall  approve all Direct Recording Electronic Voting Systems
19    provided by this Article.
20        No Direct Recording Electronic  Voting  System  shall  be
21    approved unless it fulfills the following requirements:
22             (1)  It enables a voter to vote in absolute secrecy,
23        except  in  the  case of voters who receive assistance as
24        provided in this Code.
25             (2)  It enables each voter to vote  at  an  election
26        for  all  persons  and offices for whom and for which the
27        voter is lawfully entitled to vote, to vote for  as  many
28        persons  for  an  office as the voter is entitled to vote
29        for, and to vote for or against any public question  upon
30        which the voter is entitled to vote, but no other.
31             (3)  It  will  detect  and  reject  all votes for an
32        office or upon a public question when the voter has  cast
 
SB1803 Engrossed            -64-     SRS093 00057 PLM 00057 b
 1        more  votes  for  the  office or upon the public question
 2        than he or she is entitled to  cast;  provided,  however,
 3        that  it  will inform a voter that the voter's choices as
 4        recorded on the ballot for an office or  public  question
 5        exceeds the number that the voter is entitled to vote for
 6        on  that  office  or  public  question and will offer the
 7        voter  an  opportunity  to  correct  the   error   before
 8        rejecting the choices recorded on the voter's ballot.
 9             (4)  It  will enable each voter in primary elections
10        to vote only for the candidates of  the  political  party
11        with  which  he  or  she  had  declared  affiliation  and
12        preclude  the  voter from voting for any candidate of any
13        other political party.
14             (5)  It enables a  voter  to  vote  a  split  ticket
15        selected  in part from the nominees of one party, in part
16        from the nominees of any or all  parties,  in  part  from
17        independent  candidates,  and in part of candidates whose
18        names are written in by the voter.
19             (6)  It enables a voter, at a Presidential election,
20        by a single selection to vote for  the  candidates  of  a
21        political party for Presidential electors.
22             (7)  It  will  prevent  anyone  voting  for the same
23        person more than once for the same office.
24             (8)  It will record and count accurately  each  vote
25        properly  cast  for  or  against any candidate and for or
26        against any public question, including the names  of  all
27        candidates whose names are written in by the voters.
28             (9)  It   will   be  capable  of  merging  the  vote
29        tabulation results  produced  by  other  vote  tabulation
30        systems, if necessary.
31             (10)  It  will  provide  a  means  for  sealing  and
32        resealing  the  vote  recording  devices to prevent their
33        unauthorized use and to  prevent  tampering  with  ballot
34        labels.
 
SB1803 Engrossed            -65-     SRS093 00057 PLM 00057 b
 1             (11)  It  will  be suitably designed for the purpose
 2        used, be durably constructed, and be designed for safety,
 3        accuracy, and efficiency.
 4             (12)  It will be designed to accommodate  the  needs
 5        of elderly, handicapped, and disabled voters.
 6             (13)  It  will  enable  a voter to vote for a person
 7        whose name does not appear on the ballot.
 8             (14)  It  will  be  designed  to  ensure  that  vote
 9        recording devices or electronic tabulating equipment that
10        count votes at  the  precinct  will  not  be  capable  of
11        reporting vote totals before the close of the polls.
12             (15)  It  will  provide a voter verified paper audit
13        trail for each ballot cast.
14             (16)  It will provide an audit trail.
15        The State Board of Elections is  authorized  to  withdraw
16    its  approval  of a Direct Recording Electronic Voting System
17    if the system fails to fulfill the above requirements.
18        No vendor, person, or other entity may  sell,  lease,  or
19    loan  a  Direct  Recording Electronic Voting System or system
20    component to any election jurisdiction unless the  system  or
21    system  component  is  first  approved  by the State Board of
22    Elections pursuant  to  this  Section.  The  State  Board  of
23    Elections  shall  not  accept  for testing or approval of any
24    system or system component that has not first been  evaluated
25    by  an  independent  testing  laboratory  or laboratories for
26    performance and reliability using the standards that may from
27    time to time be promulgated  by  the  United  States  Federal
28    Election  Commission.   When  the  functional requirements of
29    this Section are in conflict with the  standards  promulgated
30    by  the  Federal  Election  Commission,  the standards of the
31    Federal Election Commission shall govern.

32        (10 ILCS 5/24C-17 new)
33        Sec. 24C-17. Rules; number of voting booths.   The  State
 
SB1803 Engrossed            -66-     SRS093 00057 PLM 00057 b
 1    Board   of  Elections  may  make  reasonable  rules  for  the
 2    administration of this Article and may prescribe  the  number
 3    of  voting  booths  required  for the various types of voting
 4    systems.

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

26        (10 ILCS 5/24C-19 new)
27        Sec. 24C-19. Additional method of  voting.  This  Article
28    shall  be deemed to provide a method of voting in addition to
29    the methods otherwise provided in this Code.

30        (10 ILCS 5/24A-20 rep.)
31        Section 10.  The Election Code is  amended  by  repealing
 
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 1    Section 24A-20.

 2        Section  99.   Effective  date.  This Act takes effect on
 3    January 1, 2004.