Elections & Campaign Reform Committee
Adopted in House Comm. on Apr 18, 2007
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1 | AMENDMENT TO HOUSE BILL 1619
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2 | AMENDMENT NO. ______. Amend House Bill 1619 on page 1, by | ||||||
3 | replacing lines 4 and 5 with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 16-3, 17-16.1, 18-9.1, 19-8, and 20-8 as follows:"; | ||||||
6 | and | ||||||
7 | on page 15, by inserting below line 12 the following:
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8 | "(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
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9 | Sec. 17-16.1. Write-in votes shall be counted only for | ||||||
10 | persons who have
filed notarized declarations of intent to be | ||||||
11 | write-in candidates with
the proper election authority or | ||||||
12 | authorities not later than 5:00 p.m. on
the
Tuesday immediately | ||||||
13 | preceding the election.
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14 | Forms for the declaration of intent to be a write-in | ||||||
15 | candidate shall
be supplied by the election authorities. Such |
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1 | declaration shall specify
the office for which the person seeks | ||||||
2 | election as a write-in candidate.
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3 | The election authority or authorities shall deliver a list | ||||||
4 | of all persons
who have filed such declarations to the election | ||||||
5 | judges in the appropriate
precincts prior to the election.
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6 | A candidate for whom a nomination paper has been filed as a | ||||||
7 | partisan
candidate at a primary election, and who is defeated | ||||||
8 | for his or her
nomination at the primary election is ineligible | ||||||
9 | to file a declaration of
intent to be a write-in candidate for | ||||||
10 | election in that general or consolidated
election.
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11 | A candidate seeking election to an office for which | ||||||
12 | candidates of
political parties are nominated by caucus who is | ||||||
13 | a participant in the
caucus and who is defeated for his or her | ||||||
14 | nomination at such caucus is
ineligible to file a declaration | ||||||
15 | of intent to be a write-in candidate for
election in that | ||||||
16 | general or consolidated election.
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17 | A candidate seeking election to an office for which | ||||||
18 | candidates are
nominated at a primary election on a nonpartisan | ||||||
19 | basis and who is defeated
for his or her nomination at the | ||||||
20 | primary election is ineligible to file a
declaration of intent | ||||||
21 | to be a write-in candidate for election in that
general or | ||||||
22 | consolidated election.
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23 | When a ballot is otherwise validly marked for a candidate | ||||||
24 | whose name is printed on the ballot, any write-in vote or votes | ||||||
25 | for that or any other candidate for that office shall be void | ||||||
26 | if counting the write-in vote or votes would result in the |
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1 | voter over-voting with respect to that office.
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2 | Nothing in this Section shall be construed to apply to | ||||||
3 | votes
cast under the provisions of subsection (b) of Section | ||||||
4 | 16-5.01.
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5 | (Source: P.A. 89-653, eff. 8-14-96.)
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6 | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
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7 | Sec. 18-9.1. Write-in votes shall be counted only for | ||||||
8 | persons who have
filed notarized declarations of intent to be | ||||||
9 | write-in candidates with
the proper election authority or | ||||||
10 | authorities not later than 5:00 p.m. on
the
Tuesday immediately | ||||||
11 | preceding the election.
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12 | Forms for the declaration of intent to be a write-in | ||||||
13 | candidate shall
be supplied by the election authorities. Such | ||||||
14 | declaration shall specify
the office for which the person seeks | ||||||
15 | election as a write-in candidate.
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16 | The election authority or authorities shall deliver a list | ||||||
17 | of all persons
who have filed such declarations to the election | ||||||
18 | judges in the appropriate
precincts prior to the election.
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19 | A candidate for whom a nomination paper has been filed as a | ||||||
20 | partisan
candidate at a primary election, and who is defeated | ||||||
21 | for his or her
nomination at the primary election, is | ||||||
22 | ineligible to file a declaration of
intent to be a write-in | ||||||
23 | candidate for election in that general or
consolidated | ||||||
24 | election.
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25 | A candidate seeking election to an office for which |
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1 | candidates of
political parties are nominated by caucus who is | ||||||
2 | a participant in the
caucus and who is defeated for his or her | ||||||
3 | nomination at such caucus is
ineligible to file a declaration | ||||||
4 | of intent to be a write-in candidate for
election in that | ||||||
5 | general or consolidated election.
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6 | A candidate seeking election to an office for which | ||||||
7 | candidates are
nominated at a primary election on a nonpartisan | ||||||
8 | basis and who is defeated
for his or her nomination at the | ||||||
9 | primary election is ineligible to file a
declaration of intent | ||||||
10 | to be a write-in candidate for election in that
general or | ||||||
11 | consolidated election.
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12 | When a ballot is otherwise validly marked for a candidate | ||||||
13 | whose name is printed on the ballot, any write-in vote or votes | ||||||
14 | for that or any other candidate for that office shall be void | ||||||
15 | if counting the write-in vote or votes would result in the | ||||||
16 | voter over-voting with respect to that office.
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17 | Nothing in this Section shall be construed to apply to | ||||||
18 | votes
cast under the provisions of subsection (b) of Section | ||||||
19 | 16-5.01.
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20 | (Source: P.A. 89-653, eff. 8-14-96.)
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21 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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22 | Sec. 19-8. Time and place of counting ballots. | ||||||
23 | (a) (Blank.) | ||||||
24 | (b) Each absent voter's ballot returned to an election | ||||||
25 | authority, by any means authorized by this Article, and |
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1 | received by that election authority before the closing of the | ||||||
2 | polls on election day shall be endorsed by the receiving | ||||||
3 | election authority with the day and hour of receipt and shall | ||||||
4 | be counted in the central ballot counting location of the | ||||||
5 | election authority on the day of the election after 7:00 p.m., | ||||||
6 | except as provided in subsections (g) and (g-5).
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7 | (c) Each absent voter's ballot that is mailed to an | ||||||
8 | election authority and postmarked by the midnight preceding the | ||||||
9 | opening of the polls on election day, but that is received by | ||||||
10 | the election authority after the polls close on election day | ||||||
11 | and before the close of the period for counting provisional | ||||||
12 | ballots cast at that election, shall be endorsed by the | ||||||
13 | receiving authority with the day and hour of receipt and shall | ||||||
14 | be counted at the central ballot counting location of the | ||||||
15 | election authority during the period for counting provisional | ||||||
16 | ballots. | ||||||
17 | (d) Special write-in absentee voter's blank ballots | ||||||
18 | returned to an election authority, by any means authorized by | ||||||
19 | this Article, and received by the election authority at any | ||||||
20 | time before the closing of the polls on election day shall be | ||||||
21 | endorsed by the receiving election authority with the day and | ||||||
22 | hour of receipt and shall be counted at the central ballot | ||||||
23 | counting location of the election authority during the same | ||||||
24 | period provided for counting absent voters' ballots under | ||||||
25 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
26 | voter's blank ballots that are mailed to an election authority |
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1 | and postmarked by the midnight preceding the opening of the | ||||||
2 | polls on election day, but that are received by the election | ||||||
3 | authority after the polls close on election day and before the | ||||||
4 | closing of the period for counting provisional ballots cast at | ||||||
5 | that election, shall be endorsed by the receiving authority | ||||||
6 | with the day and hour of receipt and shall be counted at the | ||||||
7 | central ballot counting location of the election authority | ||||||
8 | during the same periods provided for counting absent voters' | ||||||
9 | ballots under subsection (c). | ||||||
10 | (e) Except as otherwise provided in this Section, absent | ||||||
11 | voters' ballots and special write-in absentee voter's blank | ||||||
12 | ballots received by the election authority after the closing of | ||||||
13 | the polls on an
election day shall be endorsed by the election | ||||||
14 | authority receiving them
with the day and hour of receipt and | ||||||
15 | shall be safely kept unopened by the
election authority for the | ||||||
16 | period of time required for the preservation of
ballots used at | ||||||
17 | the election, and shall then, without being opened, be
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18 | destroyed in like manner as the used ballots of that election.
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19 | (f) Counting required under this Section to begin on | ||||||
20 | election day after the closing of the polls shall commence no | ||||||
21 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
22 | panels of election judges appointed in the manner provided
by | ||||||
23 | law. The counting shall continue until all absent voters' | ||||||
24 | ballots and special write-in absentee voter's blank ballots | ||||||
25 | required to be counted on election day have been counted.
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26 | (g) The procedures set forth in Articles 17 and
18 of this |
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1 | Code shall apply to all ballots counted under
this Section. In | ||||||
2 | addition, within 2 days after an absentee ballot, other than an | ||||||
3 | in-person absentee ballot, is received, but in all cases before | ||||||
4 | the close of the period for counting provisional ballots, the | ||||||
5 | election judge or official shall compare the voter's signature | ||||||
6 | on the certification envelope of that absentee ballot with the | ||||||
7 | signature of the voter on file in the office of the election | ||||||
8 | authority. If the election judge or official determines that | ||||||
9 | the 2 signatures match, and that the absentee voter is | ||||||
10 | otherwise qualified to cast an absentee ballot, the election | ||||||
11 | authority shall cast and count the ballot on election day or | ||||||
12 | the day the ballot is determined to be valid, whichever is | ||||||
13 | later, adding the results to the precinct in which the voter is | ||||||
14 | registered. If the election judge or official determines that | ||||||
15 | the signatures do not match, or that the absentee voter is not | ||||||
16 | qualified to cast an absentee ballot, then without opening the | ||||||
17 | certification envelope, the judge or official shall mark across | ||||||
18 | the face of the certification envelope the word "Rejected" and | ||||||
19 | shall not cast or count the ballot. | ||||||
20 | In addition to the voter's signatures not matching, an | ||||||
21 | absentee ballot may be rejected by the election judge or | ||||||
22 | official: | ||||||
23 | (1) if the ballot envelope is open or has been opened | ||||||
24 | and resealed; | ||||||
25 | (2) if the voter has already cast an early or grace | ||||||
26 | period ballot; |
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1 | (3) if the voter voted in person on election day or the | ||||||
2 | voter is not a duly registered voter in the precinct; or | ||||||
3 | (4) on any other basis set forth in this Code. | ||||||
4 | If the election judge or official determines that any of | ||||||
5 | these reasons apply, the judge or official shall mark across | ||||||
6 | the face of the certification envelope the word "Rejected" and | ||||||
7 | shall not cast or count the ballot.
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8 | (g-5) If an absentee ballot, other than an in-person | ||||||
9 | absentee ballot, is rejected by the election judge or official | ||||||
10 | for any reason, the election authority shall, within 2 days | ||||||
11 | after the rejection but in all cases before the close of the | ||||||
12 | period for counting provisional ballots, notify the absentee | ||||||
13 | voter that his or her ballot was rejected. The notice shall | ||||||
14 | inform the voter of the reason or reasons the ballot was | ||||||
15 | rejected and shall state that the voter may appear before the | ||||||
16 | election authority, on or before the 14th day after the | ||||||
17 | election, to show cause as to why the ballot should not be | ||||||
18 | rejected. The voter may present evidence to the election | ||||||
19 | authority supporting his or her contention that the ballot | ||||||
20 | should be counted. The election authority shall appoint a panel | ||||||
21 | of 3 election judges to review the contested ballot, | ||||||
22 | application, and certification envelope, as well as any | ||||||
23 | evidence submitted by the absentee voter. No more than 2 | ||||||
24 | election judges on the reviewing panel shall be of the same | ||||||
25 | political party. The reviewing panel of election judges shall | ||||||
26 | make a final determination as to the validity of the contested |
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1 | absentee ballot. The judges' determination shall not be | ||||||
2 | reviewable either administratively or judicially. | ||||||
3 | An absentee ballot subject to this subsection that is | ||||||
4 | determined to be valid shall be counted before the close of the | ||||||
5 | period for counting provisional ballots.
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6 | (g-8) When an absentee ballot is otherwise validly marked | ||||||
7 | for a candidate whose name is printed on the ballot, any | ||||||
8 | write-in vote or votes for that or any other candidate for that | ||||||
9 | office shall be void if counting the write-in vote or votes | ||||||
10 | would result in the voter over-voting with respect to that | ||||||
11 | office.
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12 | (g-10) All absentee ballots determined to be valid shall be | ||||||
13 | added to the vote totals for the precincts for which they were | ||||||
14 | cast in the order in which the ballots were opened.
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15 | (h) Each political party, candidate, and qualified civic | ||||||
16 | organization shall be entitled to have present one pollwatcher | ||||||
17 | for each panel of election judges therein assigned.
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18 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
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19 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
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20 | Sec. 20-8. Time and place of counting ballots. | ||||||
21 | (a) (Blank.) | ||||||
22 | (b) Each absent voter's ballot returned to an election | ||||||
23 | authority, by any means authorized by this Article, and | ||||||
24 | received by that election authority before the closing of the | ||||||
25 | polls on election day shall be endorsed by the receiving |
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1 | election authority with the day and hour of receipt and shall | ||||||
2 | be counted in the central ballot counting location of the | ||||||
3 | election authority on the day of the election after 7:00 p.m., | ||||||
4 | except as provided in subsections (g) and (g-5).
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5 | (c) Each absent voter's ballot that is mailed to an | ||||||
6 | election authority and postmarked by the midnight preceding the | ||||||
7 | opening of the polls on election day, but that is received by | ||||||
8 | the election authority after the polls close on election day | ||||||
9 | and before the close of the period for counting provisional | ||||||
10 | ballots cast at that election, shall be endorsed by the | ||||||
11 | receiving authority with the day and hour of receipt and shall | ||||||
12 | be counted at the central ballot counting location of the | ||||||
13 | election authority during the period for counting provisional | ||||||
14 | ballots. | ||||||
15 | (d) Special write-in absentee voter's blank ballots | ||||||
16 | returned to an election authority, by any means authorized by | ||||||
17 | this Article, and received by the election authority at any | ||||||
18 | time before the closing of the polls on election day shall be | ||||||
19 | endorsed by the receiving election authority with the day and | ||||||
20 | hour of receipt and shall be counted at the central ballot | ||||||
21 | counting location of the election authority during the same | ||||||
22 | period provided for counting absent voters' ballots under | ||||||
23 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
24 | voter's blank ballot that are mailed to an election authority | ||||||
25 | and postmarked by midnight preceding the opening of the polls | ||||||
26 | on election day, but that are received by the election |
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1 | authority after the polls close on election day and before the | ||||||
2 | closing of the period for counting provisional ballots cast at | ||||||
3 | that election, shall be endorsed by the receiving authority | ||||||
4 | with the day and hour of receipt and shall be counted at the | ||||||
5 | central ballot counting location of the election authority | ||||||
6 | during the same periods provided for counting absent voters' | ||||||
7 | ballots under subsection (c).
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8 | (e) Except as otherwise provided in this Section, absent | ||||||
9 | voters' ballots and special write-in absentee voter's blank | ||||||
10 | ballots received by the election authority after the closing of | ||||||
11 | the polls on the day of election shall be
endorsed by the | ||||||
12 | person receiving the ballots with the day and hour of
receipt | ||||||
13 | and shall be safely kept unopened by the election authority for
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14 | the period of time required for the preservation of ballots | ||||||
15 | used at the
election, and shall then, without being opened, be | ||||||
16 | destroyed in like
manner as the used ballots of that election.
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17 | (f) Counting required under this Section to begin on | ||||||
18 | election day after the closing of the polls shall commence no | ||||||
19 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
20 | panels of election judges appointed in the manner provided
by | ||||||
21 | law. The counting shall continue until all absent voters' | ||||||
22 | ballots and special write-in absentee voter's blank ballots | ||||||
23 | required to be counted on election day have been counted.
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24 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
25 | Code shall apply to all ballots counted under
this Section. In | ||||||
26 | addition, within 2 days after a ballot subject to this Article |
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1 | is received, but in all cases before the close of the period | ||||||
2 | for counting provisional ballots, the election judge or | ||||||
3 | official shall compare the voter's signature on the | ||||||
4 | certification envelope of that ballot with the signature of the | ||||||
5 | voter on file in the office of the election authority. If the | ||||||
6 | election judge or official determines that the 2 signatures | ||||||
7 | match, and that the voter is otherwise qualified to cast a | ||||||
8 | ballot under this Article, the election authority shall cast | ||||||
9 | and count the ballot on election day or the day the ballot is | ||||||
10 | determined to be valid, whichever is later, adding the results | ||||||
11 | to the precinct in which the voter is registered. If the | ||||||
12 | election judge or official determines that the signatures do | ||||||
13 | not match, or that the voter is not qualified to cast a ballot | ||||||
14 | under this Article, then without opening the certification | ||||||
15 | envelope, the judge or official shall mark across the face of | ||||||
16 | the certification envelope the word "Rejected" and shall not | ||||||
17 | cast or count the ballot. | ||||||
18 | In addition to the voter's signatures not matching, a | ||||||
19 | ballot subject to this Article may be rejected by the election | ||||||
20 | judge or official: | ||||||
21 | (1) if the ballot envelope is open or has been opened | ||||||
22 | and resealed; | ||||||
23 | (2) if the voter has already cast an early or grace | ||||||
24 | period ballot; | ||||||
25 | (3) if the voter voted in person on election day or the | ||||||
26 | voter is not a duly registered voter in the precinct; or |
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1 | (4) on any other basis set forth in this Code. | ||||||
2 | If the election judge or official determines that any of | ||||||
3 | these reasons apply, the judge or official shall mark across | ||||||
4 | the face of the certification envelope the word "Rejected" and | ||||||
5 | shall not cast or count the ballot. | ||||||
6 | (g-5) If a ballot subject to this Article is rejected by | ||||||
7 | the election judge or official for any reason, the election | ||||||
8 | authority shall, within 2 days after the rejection but in all | ||||||
9 | cases before the close of the period for counting provisional | ||||||
10 | ballots, notify the voter that his or her ballot was rejected. | ||||||
11 | The notice shall inform the voter of the reason or reasons the | ||||||
12 | ballot was rejected and shall state that the voter may appear | ||||||
13 | before the election authority, on or before the 14th day after | ||||||
14 | the election, to show cause as to why the ballot should not be | ||||||
15 | rejected. The voter may present evidence to the election | ||||||
16 | authority supporting his or her contention that the ballot | ||||||
17 | should be counted. The election authority shall appoint a panel | ||||||
18 | of 3 election judges to review the contested ballot, | ||||||
19 | application, and certification envelope, as well as any | ||||||
20 | evidence submitted by the absentee voter. No more than 2 | ||||||
21 | election judges on the reviewing panel shall be of the same | ||||||
22 | political party. The reviewing panel of election judges shall | ||||||
23 | make a final determination as to the validity of the contested | ||||||
24 | ballot. The judges' determination shall not be reviewable | ||||||
25 | either administratively or judicially. | ||||||
26 | A ballot subject to this subsection that is determined to |
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1 | be valid shall be counted before the close of the period for | ||||||
2 | counting provisional ballots. | ||||||
3 | (g-8) When an absentee ballot is otherwise validly marked | ||||||
4 | for a candidate whose name is printed on the ballot, any | ||||||
5 | write-in vote or votes for that or any other candidate for that | ||||||
6 | office shall be void if counting the write-in vote or votes | ||||||
7 | would result in the voter over-voting with respect to that | ||||||
8 | office.
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9 | (g-10) All ballots determined to be valid shall be added to | ||||||
10 | the vote totals for the precincts for which they were cast in | ||||||
11 | the order in which the ballots were opened.
| ||||||
12 | (h) Each political party,
candidate, and qualified civic | ||||||
13 | organization shall be entitled to have
present one pollwatcher | ||||||
14 | for each panel of election judges therein assigned.
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15 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)".
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