Rep. John A. Fritchey
Filed: 5/7/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2673
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2673, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Election Code is amended by changing | ||||||
6 | Sections
1-7, 16-3, 16-6, 17-11, 22-15.1, 24-1, 24A-5.1, | ||||||
7 | 24A-16,
24B-5.1, 24B-16, 24C-1, and 24C-11 as follows:
| ||||||
8 | (10 ILCS 5/1-7)
| ||||||
9 | Sec. 1-7. No straight party voting. Notwithstanding any | ||||||
10 | provision of law
to the contrary, straight party voting by a | ||||||
11 | single vote is not permitted in
Illinois , except at the 2008 | ||||||
12 | general election .
| ||||||
13 | (Source: P.A. 89-700, eff. 1-17-97.)
| ||||||
14 | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| ||||||
15 | Sec. 16-3. (a) The names of all candidates to be voted for |
| |||||||
| |||||||
1 | in each
election district or precinct shall be printed on one | ||||||
2 | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | ||||||
3 | this Act and except as otherwise
provided in this Act with | ||||||
4 | respect to the odd year regular elections and
the emergency | ||||||
5 | referenda; all nominations
of any political party being placed | ||||||
6 | under the party appellation or title
of such party as | ||||||
7 | designated in the certificates of nomination or
petitions. The | ||||||
8 | names of all independent candidates shall be printed upon
the | ||||||
9 | ballot in a column or columns under the heading "independent"
| ||||||
10 | arranged under the names or titles of the respective offices | ||||||
11 | for which
such independent candidates shall have been nominated | ||||||
12 | and so far as
practicable, the name or names of any independent | ||||||
13 | candidate or
candidates for any office shall be printed upon | ||||||
14 | the ballot opposite the
name or names of any candidate or | ||||||
15 | candidates for the same office
contained in any party column or | ||||||
16 | columns upon said ballot. The ballot
shall contain no other | ||||||
17 | names, except that in cases of electors for
President and | ||||||
18 | Vice-President of the United States, the names of the
| ||||||
19 | candidates for President and Vice-President may be added to the | ||||||
20 | party
designation and words calculated to aid the voter in his | ||||||
21 | choice of candidates
may be added, such as "Vote for one," | ||||||
22 | "Vote for three." When an electronic
voting system is used | ||||||
23 | which utilizes a ballot label booklet, the candidates
and | ||||||
24 | questions shall appear on the pages of such booklet in the | ||||||
25 | order
provided by this Code; and, in any case where candidates | ||||||
26 | for an office
appear on a page which does not contain the name |
| |||||||
| |||||||
1 | of any candidate for
another office, and where less than 50% of | ||||||
2 | the page is utilized, the name of
no candidate shall be printed | ||||||
3 | on the lowest 25% of such page. On the back or
outside of the | ||||||
4 | ballot, so as to appear when folded, shall be printed the words
| ||||||
5 | "Official Ballot", followed by the designation of the polling | ||||||
6 | place for
which the ballot is prepared, the date of the | ||||||
7 | election and a facsimile
of the signature of the election | ||||||
8 | authority who has caused the ballots to
be printed. The ballots | ||||||
9 | shall be of plain white paper, through which the
printing or | ||||||
10 | writing cannot be read. However, ballots for use at the
| ||||||
11 | nonpartisan and consolidated elections may be printed on | ||||||
12 | different color
paper, except blue paper, whenever necessary or | ||||||
13 | desirable to facilitate
distinguishing between ballots for | ||||||
14 | different political subdivisions. In
the case of nonpartisan | ||||||
15 | elections for officers of a political
subdivision, unless the | ||||||
16 | statute or an ordinance adopted pursuant to
Article VII of the | ||||||
17 | Constitution providing the form of government
therefor | ||||||
18 | requires otherwise, the column listing such nonpartisan
| ||||||
19 | candidates shall be printed with no appellation or circle at | ||||||
20 | its head.
The party appellation or title, or the word | ||||||
21 | "independent" at the head of
any column provided for | ||||||
22 | independent candidates, shall be printed in letters not less | ||||||
23 | than one-fourth of an inch in height
and a
circle one-half inch | ||||||
24 | in diameter shall be printed at the beginning of
the line in | ||||||
25 | which such appellation or title is printed, provided,
however, | ||||||
26 | that no such circle shall be printed at the head of any column
|
| |||||||
| |||||||
1 | or columns provided for such independent candidates. The names | ||||||
2 | of
candidates shall be printed in letters not less than | ||||||
3 | one-eighth
nor more than one-fourth of an inch in height, and | ||||||
4 | at the beginning of
each line in which a name of a candidate is | ||||||
5 | printed a square shall be
printed, the sides of which shall be | ||||||
6 | not less than one-fourth of an inch
in length. However, the | ||||||
7 | names of the candidates for Governor and
Lieutenant Governor on | ||||||
8 | the same ticket shall be printed within a bracket
and a single | ||||||
9 | square shall be printed in front of the bracket. The list
of | ||||||
10 | candidates of the several parties and any such list of | ||||||
11 | independent
candidates shall be placed in separate columns on | ||||||
12 | the ballot in such
order as the election authorities charged | ||||||
13 | with the printing of the
ballots shall decide; provided, that | ||||||
14 | the names of the candidates of the
several political parties, | ||||||
15 | certified by the State Board of Elections to
the several county | ||||||
16 | clerks shall be printed by the county clerk of the
proper | ||||||
17 | county on the official ballot in the order certified by the | ||||||
18 | State
Board of Elections. Any county clerk refusing, neglecting | ||||||
19 | or failing to
print on the official ballot the names of | ||||||
20 | candidates of the several
political parties in the order | ||||||
21 | certified by the State Board of
Elections, and any county clerk | ||||||
22 | who prints or causes to be printed upon
the official ballot the | ||||||
23 | name of a candidate, for an office to be filled
by the Electors | ||||||
24 | of the entire State, whose name has not been duly
certified to | ||||||
25 | him upon a certificate signed by the State Board of
Elections | ||||||
26 | shall be guilty of a Class C misdemeanor.
|
| |||||||
| |||||||
1 | (b) When an electronic voting system is used which utilizes | ||||||
2 | a ballot
card,
on the inside flap of each ballot card envelope | ||||||
3 | there shall be printed
a form for write-in voting which shall | ||||||
4 | be substantially as follows:
| ||||||
5 | WRITE-IN VOTES
| ||||||
6 | (See card of instructions for specific information. | ||||||
7 | Duplicate form below
by hand for additional write-in votes.)
| ||||||
8 | _____________________________
| ||||||
9 | Title of Office
| ||||||
10 | ( ) ____________________________
| ||||||
11 | Name of Candidate
| ||||||
12 | Write-in lines equal to the number of candidates for which | ||||||
13 | a voter may vote shall be printed for an office only if one or | ||||||
14 | more persons filed declarations of intent to be write-in | ||||||
15 | candidates or qualify to file declarations to be write-in | ||||||
16 | candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
17 | certification of ballot contains the words "OBJECTION | ||||||
18 | PENDING".
| ||||||
19 | (c) When an electronic voting system is used which uses a | ||||||
20 | ballot sheet,
the
instructions to voters on the ballot sheet | ||||||
21 | shall refer the voter to the
card of instructions for specific | ||||||
22 | information on write-in voting. Below
each office appearing on | ||||||
23 | such ballot sheet there shall be a provision for
the casting of | ||||||
24 | a write-in vote. Write-in lines equal to the number of | ||||||
25 | candidates for which a voter may vote shall be printed for an | ||||||
26 | office only if one or more persons filed declarations of intent |
| |||||||
| |||||||
1 | to be write-in candidates or qualify to file declarations to be | ||||||
2 | write-in candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
3 | certification of ballot contains the words "OBJECTION | ||||||
4 | PENDING".
| ||||||
5 | (d) When such electronic system is used, there shall be | ||||||
6 | printed on the
back of each ballot card, each ballot card | ||||||
7 | envelope, and
the first page of the ballot label when a ballot | ||||||
8 | label is used, the
words "Official Ballot," followed by the | ||||||
9 | number of the
precinct or other precinct identification, which | ||||||
10 | may be stamped, in lieu
thereof and, as applicable, the number | ||||||
11 | and name of the township, ward
or other election district for | ||||||
12 | which the ballot card, ballot card
envelope, and ballot label | ||||||
13 | are prepared, the date of the election and a
facsimile of the | ||||||
14 | signature of the election authority who has caused the
ballots | ||||||
15 | to be printed. The back of the ballot card shall also include
a | ||||||
16 | method of identifying the ballot configuration such as a | ||||||
17 | listing of the
political subdivisions and districts for which | ||||||
18 | votes may be cast on that
ballot, or a number code identifying | ||||||
19 | the ballot configuration or color coded
ballots, except that | ||||||
20 | where there is only one ballot configuration in a
precinct, the | ||||||
21 | precinct identification, and any applicable ward
| ||||||
22 | identification, shall be sufficient. Ballot card envelopes | ||||||
23 | used in punch
card systems shall be of paper through which no | ||||||
24 | writing or punches may be
discerned and shall be of sufficient | ||||||
25 | length to enclose all voting
positions. However, the election | ||||||
26 | authority may provide
ballot card envelopes on which no |
| |||||||
| |||||||
1 | precinct number or township, ward or
other election district | ||||||
2 | designation, or election date are preprinted, if
space and a | ||||||
3 | preprinted form are provided below the space provided for
the | ||||||
4 | names of write-in candidates where such information may be | ||||||
5 | entered
by the judges of election. Whenever an election | ||||||
6 | authority utilizes
ballot card envelopes on which the election | ||||||
7 | date and precinct is not
preprinted, a judge of election shall | ||||||
8 | mark such information for the
particular precinct and election | ||||||
9 | on the envelope in ink before tallying
and counting any | ||||||
10 | write-in vote written thereon.
If some method of insuring | ||||||
11 | ballot secrecy other than an envelope is used,
such information | ||||||
12 | must be provided on the ballot itself.
| ||||||
13 | (e) In the designation of the name of a candidate on the | ||||||
14 | ballot, the
candidate's given name or names, initial or | ||||||
15 | initials, a nickname by
which the candidate is commonly known, | ||||||
16 | or a combination thereof, may be
used in addition to the | ||||||
17 | candidate's surname. If a candidate has changed his or her | ||||||
18 | name, whether by a statutory or common law procedure in | ||||||
19 | Illinois or any other jurisdiction, within 3 years before the | ||||||
20 | last day for filing the petition for nomination, nomination | ||||||
21 | papers, or certificate of nomination for that office, whichever | ||||||
22 | is applicable, then (i) the candidate's name on the ballot must | ||||||
23 | be followed by "formerly known as (list all prior names during | ||||||
24 | the 3-year period) until name changed on (list date of each | ||||||
25 | such name change)" and (ii) the petition, papers, or | ||||||
26 | certificate must be accompanied by the candidate's affidavit |
| |||||||
| |||||||
1 | stating the candidate's previous names during the period | ||||||
2 | specified in (i) and the date or dates each of those names was | ||||||
3 | changed; failure to meet these requirements shall be grounds | ||||||
4 | for denying certification of the candidate's name for the | ||||||
5 | ballot or removing the candidate's name from the ballot, as | ||||||
6 | appropriate, but these requirements do not apply to name | ||||||
7 | changes resulting from adoption to assume an adoptive parent's | ||||||
8 | or parents' surname, marriage to assume a spouse's surname, or | ||||||
9 | dissolution of marriage or declaration of invalidity of | ||||||
10 | marriage to assume a former surname. No other designation such
| ||||||
11 | as a political slogan, title, or degree or nickname suggesting | ||||||
12 | or
implying possession of a
title, degree or professional | ||||||
13 | status, or similar information may be used
in connection with | ||||||
14 | the candidate's surname.
For purposes of this Section, a | ||||||
15 | "political slogan" is defined as any
word or words expressing | ||||||
16 | or connoting a position, opinion, or belief that the
candidate | ||||||
17 | may espouse, including but not limited to, any word or words
| ||||||
18 | conveying any meaning other than that of the personal identity | ||||||
19 | of the
candidate. A
candidate may not use a political slogan as | ||||||
20 | part of his or her name on the
ballot, notwithstanding that the | ||||||
21 | political slogan may be part of the
candidate's name.
| ||||||
22 | (f) The State Board of Elections, a local election | ||||||
23 | official, or an
election
authority shall remove any candidate's | ||||||
24 | name designation from a ballot that is
inconsistent with | ||||||
25 | subsection (e) of this Section. In addition, the State Board
of | ||||||
26 | Elections, a local election official, or an election authority |
| |||||||
| |||||||
1 | shall not
certify to any election authority any candidate name | ||||||
2 | designation that is
inconsistent with subsection (e) of this | ||||||
3 | Section.
| ||||||
4 | (g) If the State Board of Elections, a local election | ||||||
5 | official, or an
election
authority removes a candidate's name | ||||||
6 | designation from a ballot under
subsection (f) of this Section, | ||||||
7 | then the aggrieved candidate may seek
appropriate relief in | ||||||
8 | circuit court.
| ||||||
9 | Where voting machines or electronic voting systems are | ||||||
10 | used, the
provisions of this Section may be modified as | ||||||
11 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
12 | is applicable.
| ||||||
13 | Nothing in this Section shall prohibit election | ||||||
14 | authorities from using
or reusing ballot card envelopes which | ||||||
15 | were printed before the effective
date of this amendatory Act | ||||||
16 | of 1985.
| ||||||
17 | (h) At the 2008 general election, the name of each | ||||||
18 | political party that has candidates' names printed on the | ||||||
19 | ballot shall be printed at the top of the ballot preceding the | ||||||
20 | titles of offices and the names of candidates. Above the names | ||||||
21 | of the established political party or parties shall be printed | ||||||
22 | the heading "Straight Party Ballot" and below such heading | ||||||
23 | shall be printed appropriate instructions to the voter for | ||||||
24 | marking a straight party ballot. Next to the name or | ||||||
25 | appellation of such established political party or parties | ||||||
26 | shall be a place for marking the ballot to indicate a voter's |
| |||||||
| |||||||
1 | selection of all candidates of such political party. A ballot | ||||||
2 | so marked shall be counted as cast for all of the candidates of | ||||||
3 | that party and shall be known as a "straight party ballot" or a | ||||||
4 | "straight ticket ballot". | ||||||
5 | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07.)
| ||||||
6 | (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
| ||||||
7 | Sec. 16-6. Whenever one or more proposals for amendment of | ||||||
8 | the
constitution or the calling of a constitutional convention | ||||||
9 | or any
combination thereof is or are to be voted upon by the | ||||||
10 | people, the
proposition or propositions for the adoption or | ||||||
11 | rejection of such
amendment or amendments or convention shall | ||||||
12 | be submitted upon a ballot
separate from the "Official Ballot" | ||||||
13 | containing the names of candidates
for State and other offices | ||||||
14 | to be voted at such election. Such separate
ballot shall be | ||||||
15 | printed upon paper of a distinctly blue color and shall,
as | ||||||
16 | near as may be practicable, be of uniform size and blue color, | ||||||
17 | but
any variation in the size of such ballots or in the | ||||||
18 | tincture of blue
employed shall not affect or impair the | ||||||
19 | validity thereof. Preceding
each proposal to amend the | ||||||
20 | constitution shall be printed the brief
explanation of the | ||||||
21 | amendment, prepared by the General Assembly, or in the
case of | ||||||
22 | a proposed amendment initiated by petition pursuant to Section
| ||||||
23 | 3 of Article XIV of the Constitution of the State of Illinois | ||||||
24 | by the principal
proponents of the amendment as approved by the | ||||||
25 | Attorney General, and
immediately below the explanation, the |
| |||||||
| |||||||
1 | proposition shall be printed in
substantially the following | ||||||
2 | form:
| ||||||
3 | -------------------------------------------------------------
| ||||||
4 | YES For the proposed amendment
- | ||||||
5 | ---------- to Article ______ (or Section
| ||||||
6 | NO _______ of Article ______) of
| ||||||
7 | the Constitution.
| ||||||
8 | -------------------------------------------------------------
| ||||||
9 | In the case of a proposition for the calling of a | ||||||
10 | constitutional
convention, such proposition shall be printed | ||||||
11 | in substantially the
following form:
| ||||||
12 | -------------------------------------------------------------
| ||||||
13 | YES For the calling
- | ||||||
14 | ---------- of a Constitutional
| ||||||
15 | NO Convention.
| ||||||
16 | -------------------------------------------------------------
| ||||||
17 | On the back or outside of the ballot so as to appear when | ||||||
18 | folded,
shall be printed the words "CONSTITUTION BALLOT", | ||||||
19 | followed by the
designation of the polling place for which the | ||||||
20 | ballot is prepared, the
date of the election and a facsimile of | ||||||
21 | the signature of the clerk or
other officer who has caused the | ||||||
22 | ballots to be printed. Immediately
above the words | ||||||
23 | "CONSTITUTION BALLOT" in the case of a proposition for
the | ||||||
24 | calling of a constitutional convention the following legend | ||||||
25 | shall be
printed in bold face type:
| ||||||
26 | "NOTICE
|
| |||||||
| |||||||
1 | THE FAILURE TO VOTE THIS BALLOT IS THE EQUIVALENT OF A | ||||||
2 | NEGATIVE VOTE.
(THIS IS NOT TO BE CONSTRUED AS A DIRECTION THAT | ||||||
3 | YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR OF OR IN | ||||||
4 | OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
| ||||||
5 | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | ||||||
6 | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
| ||||||
7 | Immediately above the words "CONSTITUTION BALLOT" in the | ||||||
8 | case of a
proposition to amend the Constitution the following | ||||||
9 | legend shall be
printed in bold face type:
| ||||||
10 | "NOTICE
| ||||||
11 | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | ||||||
12 | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
| ||||||
13 | If a proposition for the calling of a constitutional | ||||||
14 | convention is
submitted at the same election as one or more | ||||||
15 | propositions to amend the
constitution, the proposition for the | ||||||
16 | calling of a constitutional
convention shall be printed at the | ||||||
17 | top of the ballot. In such case, the
back or outside of the | ||||||
18 | ballot shall be printed the same as if it were a
proposal | ||||||
19 | solely to amend the constitution.
| ||||||
20 | Where voting machines or electronic voting systems are | ||||||
21 | used, the
provisions of this Section may be modified as | ||||||
22 | required or authorized by
Article 24 , 24A, 24B, or 24C or | ||||||
23 | Article 24A , whichever is applicable.
| ||||||
24 | (Source: P.A. 81-163 .)
| ||||||
25 | (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
|
| |||||||
| |||||||
1 | Sec. 17-11. On receipt of his ballot the voter shall | ||||||
2 | forthwith, and
without leaving the inclosed space, retire | ||||||
3 | alone, or accompanied by children as provided in Section 17-8,
| ||||||
4 | to one of the voting
booths so provided and shall prepare his | ||||||
5 | ballot by making in the
appropriate margin or place a cross (X) | ||||||
6 | opposite the name of the
candidate of his choice for each | ||||||
7 | office to be filled, or by writing in
the name of the candidate | ||||||
8 | of his choice in a blank space on said ticket,
making a cross | ||||||
9 | (X) opposite thereto; and in case of a question submitted
to | ||||||
10 | the vote of the people, by making in the appropriate margin or | ||||||
11 | place
a cross (X) against the answer he desires to give. A | ||||||
12 | cross (X) in the
square in front of the bracket enclosing the | ||||||
13 | names of a team of
candidates for Governor and Lieutenant | ||||||
14 | Governor counts as one vote for
each of such candidates. At the | ||||||
15 | 2008 general election, if the voter desires to vote for all of | ||||||
16 | the candidates of one established political party, he or she | ||||||
17 | may place such mark in the appropriate space reserved for | ||||||
18 | marking a straight party ballot as provided in Section 16-3 of | ||||||
19 | this Code. A ballot so marked in this manner shall be counted | ||||||
20 | as cast for all of the candidates of that party. If the voter | ||||||
21 | marks the space reserved for marking a straight party ballot | ||||||
22 | and then proceeds to mark the ballot for one or more candidates | ||||||
23 | of a different political party, an independent candidate, or a | ||||||
24 | write-in candidate, the ballot so marked shall be counted as | ||||||
25 | cast for all the candidates of the political party for which | ||||||
26 | the straight party vote was cast, except as to candidates for |
| |||||||
| |||||||
1 | offices for which the voter has marked the ballot for another | ||||||
2 | candidate, in which case the ballot shall be counted for such | ||||||
3 | other candidate or candidates. A ballot marked in this manner | ||||||
4 | shall be known as a "split ticket" or a "split ticket ballot". | ||||||
5 | Before leaving the voting booth the voter shall fold
his
ballot | ||||||
6 | in such manner as to conceal the marks thereon. He shall then
| ||||||
7 | vote forthwith in the manner herein provided, except that the | ||||||
8 | number
corresponding to the number of the voter on the poll | ||||||
9 | books shall not be
indorsed on the back of his ballot. He shall | ||||||
10 | mark and deliver his ballot
without undue delay, and shall quit | ||||||
11 | said inclosed space as soon as he
has voted; except that | ||||||
12 | immediately after voting, the voter shall be instructed whether | ||||||
13 | the voting equipment, if used, accepted or rejected the ballot | ||||||
14 | or identified the ballot as under-voted for a statewide | ||||||
15 | constitutional office. A voter whose ballot is identified as | ||||||
16 | under-voted may return to the voting booth and complete the | ||||||
17 | voting of that ballot. A voter whose ballot is not accepted by | ||||||
18 | the voting equipment may, upon surrendering the ballot, request | ||||||
19 | and vote another ballot. The voter's surrendered ballot shall | ||||||
20 | be initialed by the election judge and handled as provided in | ||||||
21 | the appropriate Article governing that voting equipment. | ||||||
22 | No voter shall be allowed to occupy a voting booth already
| ||||||
23 | occupied by another, nor remain within said inclosed space more | ||||||
24 | than ten
minutes, nor to occupy a voting booth more than five | ||||||
25 | minutes in case all
of said voting booths are in use and other | ||||||
26 | voters waiting to occupy the
same. No voter not an election |
| |||||||
| |||||||
1 | officer, shall, after having voted, be
allowed to re-enter said | ||||||
2 | inclosed space during said election. No person
shall take or | ||||||
3 | remove any ballot from the polling place before the close
of | ||||||
4 | the poll. No voter shall vote or offer to vote any ballot | ||||||
5 | except such
as he has received from the judges of election in | ||||||
6 | charge of the ballots.
Any voter who shall, by accident or | ||||||
7 | mistake, spoil his ballot, may, on
returning said spoiled | ||||||
8 | ballot, receive another in place thereof only after
the word | ||||||
9 | "spoiled" has been written in ink diagonally across the entire
| ||||||
10 | face of the ballot returned by the voter.
| ||||||
11 | Where voting machines or electronic voting systems are | ||||||
12 | used, the
provisions of this section may be modified as | ||||||
13 | required or authorized by
Article 24,
24A, 24B, or 24C, | ||||||
14 | whichever is applicable, except that the requirements of this | ||||||
15 | Section that (i) the voter must be notified of the voting | ||||||
16 | equipment's acceptance or rejection of the voter's ballot or | ||||||
17 | identification of an under-vote for a statewide constitutional | ||||||
18 | office and (ii) the voter shall have the opportunity to correct | ||||||
19 | an under-vote or surrender the ballot that was not accepted and | ||||||
20 | vote another ballot shall not be modified.
| ||||||
21 | (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||||||
22 | (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
| ||||||
23 | Sec. 22-15.1. (a) Within 60 days following the canvass
of | ||||||
24 | the general election within each election jurisdiction, the | ||||||
25 | election
authority shall
prepare, in typewritten or legible |
| |||||||
| |||||||
1 | computer-generated form, a report of the
abstracts of votes by | ||||||
2 | precinct for all offices and
questions of public policy in | ||||||
3 | connection with which votes were cast within
the election | ||||||
4 | jurisdiction at the general election. The report shall
include | ||||||
5 | the total number of ballots cast within each precinct or ward , | ||||||
6 | and the
total
number of registered voters within each precinct | ||||||
7 | or ward , and, in 2008, in those election
jurisdictions in which | ||||||
8 | electronic voting systems are used, the total number of
| ||||||
9 | straight-party ballots cast at the general election . The | ||||||
10 | election
authority shall provide a copy of the report to the | ||||||
11 | chairman of the county
central committee of each established | ||||||
12 | political party in the county within
which the election | ||||||
13 | jurisdiction is contained, and shall make a reasonable
number | ||||||
14 | of copies of the report available for distribution to the | ||||||
15 | public.
| ||||||
16 | (b) Within 60 days after the effective date of this | ||||||
17 | amendatory Act of
1985, each election authority shall prepare, | ||||||
18 | in typewritten or legible
computer-generated form, a report of | ||||||
19 | the type required
by subsection (a) concerning the general | ||||||
20 | election of 1984. The election
authority shall provide a copy | ||||||
21 | of the report to the chairman of the county
central committee | ||||||
22 | of each established political party in the county in
which the | ||||||
23 | election jurisdiction is contained, and shall make a reasonable
| ||||||
24 | number of copies of the report available for distribution to | ||||||
25 | the public.
| ||||||
26 | (c) An election authority may charge a fee to reimburse the |
| |||||||
| |||||||
1 | actual cost
of duplicating each copy of a report provided | ||||||
2 | pursuant to subsection (a) or
(b).
| ||||||
3 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
4 | (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| ||||||
5 | Sec. 24-1. The election authority in all jurisdictions when | ||||||
6 | voting machines
are used shall, except as otherwise provided in | ||||||
7 | this Code,
provide a voting machine or voting
machines for any | ||||||
8 | or all of the election precincts or election districts,
as the | ||||||
9 | case may be, for which the election authority is by law charged | ||||||
10 | with the
duty of conducting an election or
elections.
A voting | ||||||
11 | machine or machines sufficient in number to provide a machine | ||||||
12 | for each
400 voters or fraction thereof shall be supplied for | ||||||
13 | use at all
elections. However, no such voting machine shall be | ||||||
14 | used,
purchased, or adopted, and no person or entity may have a | ||||||
15 | written contract, including a contract contingent upon | ||||||
16 | certification of the voting machines, to sell, lease, or loan | ||||||
17 | voting machines to an election authority, until the board of | ||||||
18 | voting machine commissioners
hereinafter provided for, or a | ||||||
19 | majority thereof, shall have made and
filed a report certifying | ||||||
20 | that they have examined such machine; that it
affords each | ||||||
21 | elector an opportunity to vote in absolute secrecy; that it
| ||||||
22 | enables each elector to vote a straight-party ticket at the | ||||||
23 | 2008 general election only; that it
enables
each elector to | ||||||
24 | vote a ticket selected in part from the nominees of one
party, | ||||||
25 | and in part from the nominees of any or all other parties, and |
| |||||||
| |||||||
1 | in
part from independent nominees printed in the columns of | ||||||
2 | candidates for
public office, and in part of persons not in | ||||||
3 | nomination by any party or
upon any independent ticket; that it | ||||||
4 | enables each elector to vote a
written or printed ballot of his | ||||||
5 | own selection, for any person for any
office for whom he may | ||||||
6 | desire to vote; that it enables each elector to
vote for all | ||||||
7 | candidates for whom he is entitled to vote, and prevents
him | ||||||
8 | from voting for any candidate for any office more than once, | ||||||
9 | unless
he is lawfully entitled to cast more than one vote for | ||||||
10 | one candidate,
and in that event permits him to cast only as | ||||||
11 | many votes for that
candidate as he is by law entitled, and no | ||||||
12 | more; that it prevents the
elector from voting for more than | ||||||
13 | one person for the same office, unless
he is lawfully entitled | ||||||
14 | to vote for more than one person therefor, and
in that event | ||||||
15 | permits him to vote for as many persons for that office as
he | ||||||
16 | is by law entitled, and no more; that it identifies when an | ||||||
17 | elector has not voted for all statewide constitutional offices; | ||||||
18 | and that such machine will register
correctly by means of exact | ||||||
19 | counters every vote cast for the regular
tickets thereon; and | ||||||
20 | has the capacity to contain the tickets of at least
5 political | ||||||
21 | parties with the names of all the candidates thereon,
together | ||||||
22 | with all propositions in the form provided by law, where such
| ||||||
23 | form is prescribed, and where no such provision is made for the | ||||||
24 | form
thereof, then in brief form, not to exceed 75 words; that | ||||||
25 | all votes cast
on the machine on a regular ballot or ballots | ||||||
26 | shall be registered; that
voters may, by means of irregular |
| |||||||
| |||||||
1 | ballots or otherwise vote for any
person for any office, | ||||||
2 | although such person may not have been nominated
by any party | ||||||
3 | and his name may not appear on such machine; that when a
vote | ||||||
4 | is cast for any person for any such office, when his name does | ||||||
5 | not
appear on the machine, the elector cannot vote for any | ||||||
6 | other name on the
machine for the same office; that each | ||||||
7 | elector can, understandingly and
within the period of 4 minutes | ||||||
8 | cast his vote for all candidates of his
choice; that the | ||||||
9 | machine is so constructed that the candidates for
presidential | ||||||
10 | electors of any party can be voted for only by voting for
the | ||||||
11 | ballot label containing a bracket within which are the names of | ||||||
12 | the
candidates for President and Vice-President of the party or | ||||||
13 | group; that
the machine is provided with a lock or locks by the | ||||||
14 | use of which any
movement of the voting or registering | ||||||
15 | mechanism is absolutely prevented
so that it cannot be tampered | ||||||
16 | with or manipulated for any purpose; that
the machine is | ||||||
17 | susceptible of being closed during the progress of the
voting | ||||||
18 | so that no person can see or know the number of votes | ||||||
19 | registered
for any candidate; that each elector is permitted to | ||||||
20 | vote for or against
any question, proposition or amendment upon | ||||||
21 | which he is entitled to
vote, and is prevented from voting for | ||||||
22 | or against any question,
proposition or amendment upon which he | ||||||
23 | is not entitled to vote; that the
machine is capable of | ||||||
24 | adjustment by the election authority,
so as to permit
the | ||||||
25 | elector, at a party primary election, to vote only for the
| ||||||
26 | candidates seeking nomination by the political party in which |
| |||||||
| |||||||
1 | primary he
is entitled to vote: Provided, also that no such | ||||||
2 | machine or machines
shall be purchased, unless the party or | ||||||
3 | parties making the sale shall
guarantee in writing to keep the | ||||||
4 | machine or machines in good working
order for 5 years without | ||||||
5 | additional cost and shall give a sufficient
bond conditioned to | ||||||
6 | that effect.
| ||||||
7 | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| ||||||
8 | (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
| ||||||
9 | Sec. 24A-5.1.
For the instruction of voters on election | ||||||
10 | day, the election official in
charge of the election shall | ||||||
11 | provide at each polling place one
instruction-model electronic | ||||||
12 | voting system marking device. Each such
instruction-model | ||||||
13 | shall show the arrangement of party rows, office columns
and | ||||||
14 | questions. Such model shall be located at a place which voters | ||||||
15 | must
pass to reach the official marking device used in the | ||||||
16 | actual casting of
votes.
| ||||||
17 | Before entering the voting booth each voter shall be | ||||||
18 | offered instruction
in the operation of the marking device by | ||||||
19 | use of the instruction-model and
the voter shall be given ample | ||||||
20 | opportunity to operate the model by himself.
In instructing | ||||||
21 | voters, no precinct official may show partiality to any
| ||||||
22 | political party , and, at the 2008 general election only, when | ||||||
23 | instructing a voter on how to vote a straight
ticket for one | ||||||
24 | political party the precinct official shall at the same time
| ||||||
25 | instruct the voter how to vote a straight ticket for any other |
| |||||||
| |||||||
1 | political
party that appears on the ballot label .
The duties of | ||||||
2 | instruction shall be
discharged by a judge from each of the | ||||||
3 | political parties represented and
they shall alternate serving | ||||||
4 | as instructor so that each judge shall serve a
like time at | ||||||
5 | such duties. No instructions may be given after the voter has
| ||||||
6 | entered the voting booth.
| ||||||
7 | No precinct official, or person assisting a voter may in | ||||||
8 | any manner
request, suggest, or seek to persuade or induce any | ||||||
9 | voter to cast his vote
for any particular ticket, candidate, | ||||||
10 | amendment, question or proposition.
All instructions shall be | ||||||
11 | given by precinct officials in such a manner that
it may be | ||||||
12 | observed by other persons in the polling place.
| ||||||
13 | (Source: P.A. 89-700, eff. 1-17-97.)
| ||||||
14 | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| ||||||
15 | Sec. 24A-16. The State Board of Elections shall approve all | ||||||
16 | voting
systems provided by this Article. | ||||||
17 | No voting system shall be approved
unless it fulfills the | ||||||
18 | following requirements:
| ||||||
19 | (1) It enables a voter to vote in absolute secrecy;
| ||||||
20 | (2) It enables a voter, at the 2008 general election | ||||||
21 | only, to vote a straight-party ticket (Blank) ;
| ||||||
22 | (3) It enables a voter to vote a ticket selected in | ||||||
23 | part from the
nominees of one party, and in part from the | ||||||
24 | nominees of any or all parties,
and in part from | ||||||
25 | independent candidates and in part of candidates whose
|
| |||||||
| |||||||
1 | names are written in by the voter;
| ||||||
2 | (4) It enables a voter to vote a written or printed | ||||||
3 | ticket of his own
selection for any person for any office | ||||||
4 | for whom he may desire to vote;
| ||||||
5 | (5) It will reject all votes for an office or upon a | ||||||
6 | proposition when
the voter has cast more votes for such | ||||||
7 | office or upon such proposition than
he is entitled to | ||||||
8 | cast;
| ||||||
9 | (5.5) It will identify when a voter has not voted for | ||||||
10 | all statewide constitutional offices;
| ||||||
11 | (6) It will accommodate all propositions to be | ||||||
12 | submitted to the voters
in the form provided by law or, | ||||||
13 | where no such form is provided, then in
brief form, not to | ||||||
14 | exceed 75 words.
| ||||||
15 | The State Board of Elections shall not approve any voting | ||||||
16 | equipment or system that includes an external Infrared Data | ||||||
17 | Association (IrDA) communications port.
| ||||||
18 | The State Board of Elections is authorized to withdraw its | ||||||
19 | approval of a
voting system if the system fails to fulfill the | ||||||
20 | above requirements.
| ||||||
21 | The vendor, person, or other private entity shall be solely | ||||||
22 | responsible for the production and cost of: all application | ||||||
23 | fees; all ballots; additional temporary workers; and other | ||||||
24 | equipment or facilities needed and used in the testing of the | ||||||
25 | vendor's, person's, or other private entity's respective | ||||||
26 | equipment and software.
|
| |||||||
| |||||||
1 | Any voting system vendor, person, or other private entity | ||||||
2 | seeking the State Board of Elections' approval of a voting | ||||||
3 | system shall, as part of the approval application, submit to | ||||||
4 | the State Board a non-refundable fee. The State Board of | ||||||
5 | Elections by rule shall establish an appropriate fee structure, | ||||||
6 | taking into account the type of voting system approval that is | ||||||
7 | requested (such as approval of a new system, a modification of | ||||||
8 | an existing system, the size of the modification, etc.). No | ||||||
9 | voting system or modification of a voting system shall be | ||||||
10 | approved unless the fee is paid.
| ||||||
11 | No vendor, person, or other entity may sell, lease, or | ||||||
12 | loan, or have a written contract, including a contract | ||||||
13 | contingent upon State Board approval of the voting system or | ||||||
14 | voting system component, to sell, lease, or loan, a voting
| ||||||
15 | system or voting system component to any election jurisdiction | ||||||
16 | unless the
voting system or voting system component is first | ||||||
17 | approved by the State
Board of Elections pursuant to this | ||||||
18 | Section.
| ||||||
19 | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| ||||||
20 | (10 ILCS 5/24B-5.1)
| ||||||
21 | Sec. 24B-5.1. Instruction of Voters; Instruction
Model; | ||||||
22 | Partiality to Political Party; Manner of Instruction.
Before | ||||||
23 | entering the voting booth each voter shall be offered
| ||||||
24 | instruction in the marking of the Precinct Tabulation Optical
| ||||||
25 | Scan Technology ballot sheet. In instructing voters, no |
| |||||||
| |||||||
1 | precinct
official may show partiality to any political party , | ||||||
2 | and, at the 2008 general election, when instructing a
voter on | ||||||
3 | how to vote a straight ticket for one political party the | ||||||
4 | precinct
official shall at the same time instruct the voter how | ||||||
5 | to vote a straight
ticket for any other political party that | ||||||
6 | appears on the ballot label . The
duties of
instruction shall be | ||||||
7 | discharged by a judge from each of the
political parties | ||||||
8 | represented and they shall alternate serving as
instructor so | ||||||
9 | that each judge shall serve a like time at such
duties. No | ||||||
10 | instructions may be given after the voter has entered
the | ||||||
11 | voting booth.
| ||||||
12 | No precinct official, or person assisting a voter may in | ||||||
13 | any
manner request, suggest, or seek to persuade or induce any | ||||||
14 | voter
to cast his or her vote for any particular ticket, | ||||||
15 | candidate, amendment,
question or proposition. All | ||||||
16 | instructions shall be given by
precinct officials in a manner | ||||||
17 | that it may be observed by
other persons in the polling place.
| ||||||
18 | (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
| ||||||
19 | (10 ILCS 5/24B-16)
| ||||||
20 | Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| ||||||
21 | Technology Voting Systems; Requisites. The State Board of
| ||||||
22 | Elections shall approve all Precinct Tabulation Optical Scan
| ||||||
23 | Technology voting systems provided by this Article.
| ||||||
24 | No Precinct Tabulation Optical Scan Technology voting | ||||||
25 | system
shall be approved unless it fulfills the following |
| |||||||
| |||||||
1 | requirements:
| ||||||
2 | (a) It enables a voter to vote in absolute secrecy;
| ||||||
3 | (b) It enables a voter, at the 2008 general election | ||||||
4 | only, to vote a straight-party
ticket (Blank) ;
| ||||||
5 | (c) It enables a voter to vote a ticket selected in | ||||||
6 | part
from the nominees of one party, and in part from the | ||||||
7 | nominees of
any or all parties, and in part from | ||||||
8 | independent candidates, and
in part of candidates whose | ||||||
9 | names are written in by the voter;
| ||||||
10 | (d) It enables a voter to vote a written or printed | ||||||
11 | ticket
of his or her own selection for any person for any | ||||||
12 | office for whom he or she
may desire to vote;
| ||||||
13 | (e) It will reject all votes for an office or upon a
| ||||||
14 | proposition when the voter has cast more votes for the | ||||||
15 | office or
upon the proposition than he or she is entitled | ||||||
16 | to cast;
| ||||||
17 | (e-5) It will identify when a voter has not voted for | ||||||
18 | all statewide constitutional offices; and
| ||||||
19 | (f) It will accommodate all propositions to be | ||||||
20 | submitted to
the voters in the form provided by law or, | ||||||
21 | where no form is
provided, then in brief form, not to | ||||||
22 | exceed 75 words.
| ||||||
23 | The State Board of Elections shall not approve any voting | ||||||
24 | equipment or system that includes an external Infrared Data | ||||||
25 | Association (IrDA) communications port.
| ||||||
26 | The State Board of Elections is authorized to withdraw its
|
| |||||||
| |||||||
1 | approval of a Precinct Tabulation Optical Scan Technology | ||||||
2 | voting
system if the system fails to fulfill the above | ||||||
3 | requirements.
| ||||||
4 | The vendor, person, or other private entity shall be solely | ||||||
5 | responsible for the production and cost of: all application | ||||||
6 | fees; all ballots; additional temporary workers; and other | ||||||
7 | equipment or facilities needed and used in the testing of the | ||||||
8 | vendor's, person's, or other private entity's respective | ||||||
9 | equipment and software.
| ||||||
10 | Any voting system vendor, person, or other private entity | ||||||
11 | seeking the State Board of Elections' approval of a voting | ||||||
12 | system shall, as part of the approval application, submit to | ||||||
13 | the State Board a non-refundable fee. The State Board of | ||||||
14 | Elections by rule shall establish an appropriate fee structure, | ||||||
15 | taking into account the type of voting system approval that is | ||||||
16 | requested (such as approval of a new system, a modification of | ||||||
17 | an existing system, the size of the modification, etc.). No | ||||||
18 | voting system or modification of a voting system shall be | ||||||
19 | approved unless the fee is paid.
| ||||||
20 | No vendor, person, or other entity may sell, lease, or | ||||||
21 | loan, or have a written contract, including a contract | ||||||
22 | contingent upon State Board approval of the voting system or | ||||||
23 | voting system component, to sell, lease, or loan, a
voting | ||||||
24 | system or Precinct Tabulation Optical Scan Technology
voting | ||||||
25 | system component to any election jurisdiction unless the
voting | ||||||
26 | system or voting system component is first approved by the
|
| |||||||
| |||||||
1 | State Board of Elections pursuant to this Section.
| ||||||
2 | (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| ||||||
3 | (10 ILCS 5/24C-1)
| ||||||
4 | Sec. 24C-1. Purpose ; straight ticket voting . | ||||||
5 | (a) The purpose of this Article is to
authorize the use of | ||||||
6 | Direct Recording Electronic Voting Systems
approved by the | ||||||
7 | State Board of Elections. In a Direct Recording
Electronic | ||||||
8 | Voting System, voters cast votes by means of a ballot
display | ||||||
9 | provided with mechanical or electro-optical devices that
can be | ||||||
10 | activated by the voters to mark their choices for the
| ||||||
11 | candidates of their preference and for or against public
| ||||||
12 | questions. Such voting devices shall be capable of
| ||||||
13 | instantaneously recording such votes, storing such votes,
| ||||||
14 | producing a permanent paper record and tabulating such votes at
| ||||||
15 | the precinct or at one or more counting stations. This Article
| ||||||
16 | authorizes the use of Direct Recording Electronic Voting | ||||||
17 | Systems
for in-precinct counting applications and for | ||||||
18 | in-person absentee
voting in the office of the election | ||||||
19 | authority and in the
offices of local officials authorized by | ||||||
20 | the election authority
to conduct such absentee voting. All | ||||||
21 | other absentee ballots
must be counted at the office of the | ||||||
22 | election authority.
| ||||||
23 | (b) This Article shall be implemented to permit straight | ||||||
24 | ticket voting, at the 2008 general election only, as authorized | ||||||
25 | by this Code. |
| |||||||
| |||||||
1 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
2 | (10 ILCS 5/24C-11)
| ||||||
3 | Sec. 24C-11. Functional requirements. A Direct Recording | ||||||
4 | Electronic Voting System shall, in
addition to satisfying the | ||||||
5 | other requirements of this Article,
fulfill the following | ||||||
6 | functional requirements:
| ||||||
7 | (a) Provide a voter in a primary election with the means
of | ||||||
8 | casting a ballot containing votes for any and all candidates
of | ||||||
9 | the party or parties of his or her choice, and for any and
all | ||||||
10 | non-partisan candidates and public questions and preclude
the | ||||||
11 | voter from voting for any candidate of any other political
| ||||||
12 | party except when legally permitted. In a general election, the
| ||||||
13 | system shall provide the voter with means of selecting the
| ||||||
14 | appropriate number of candidates for any office, and of voting
| ||||||
15 | on any public question on the ballot to which he or she is
| ||||||
16 | entitled to vote.
| ||||||
17 | (b) If a voter is not entitled to vote for particular
| ||||||
18 | candidates or public questions appearing on the ballot, the
| ||||||
19 | system shall prevent the selection of the prohibited votes.
| ||||||
20 | (c) Once the proper ballot has been selected, the
system | ||||||
21 | devices shall provide a means of enabling the recording
of | ||||||
22 | votes and the casting of said ballot.
| ||||||
23 | (d) System voting devices shall provide voting choices
that | ||||||
24 | are clear to the voter and labels indicating the names of
every | ||||||
25 | candidate and the text of every public question on the
voter's |
| |||||||
| |||||||
1 | ballot. Each label shall identify the selection button
or | ||||||
2 | switch, or the active area of the ballot associated with it.
| ||||||
3 | The system shall be able to incorporate minimal, easy-to-follow
| ||||||
4 | on-screen instruction for the voter on how to cast a ballot.
| ||||||
5 | (e) Voting devices shall (i) enable the voter to vote for
| ||||||
6 | any and all candidates and public questions appearing on the
| ||||||
7 | ballot for which the voter is lawfully entitled to vote, in any
| ||||||
8 | legal number and combination , including, at the 2008 general | ||||||
9 | election only, a straight party ticket ; (ii) detect and reject | ||||||
10 | all votes
for an office or upon a public question when the | ||||||
11 | voter has cast
more votes for the office or upon the public | ||||||
12 | question than the
voter is entitled to cast; (iii) notify the | ||||||
13 | voter if the voter's
choices as recorded on the ballot for an | ||||||
14 | office or public
question are fewer than or exceed the number | ||||||
15 | that the voter is
entitled to vote for on that office or public | ||||||
16 | question and the
effect of casting more or fewer votes than | ||||||
17 | legally permitted; (iv) notify
the voter if the voter has | ||||||
18 | failed to completely cast a vote for
an office or public | ||||||
19 | question appearing on the ballot; and (v)
permit the voter, in | ||||||
20 | a private and independent manner, to verify
the votes selected | ||||||
21 | by the voter, to change the ballot or to
correct any error on | ||||||
22 | the ballot before the ballot is completely cast and
counted. A | ||||||
23 | means shall be provided to indicate each selection
after it has | ||||||
24 | been made or canceled.
| ||||||
25 | (f) System voting devices shall provide a means for the
| ||||||
26 | voter to signify that the selection of candidates and public
|
| |||||||
| |||||||
1 | questions has been completed. Upon activation, the system shall
| ||||||
2 | record an image of the completed ballot, increment the proper
| ||||||
3 | ballot position registers, and shall signify to the voter that
| ||||||
4 | the ballot has been cast. The system shall then prevent any
| ||||||
5 | further attempt to vote until it has been reset or re-enabled | ||||||
6 | by
a judge of election.
| ||||||
7 | (g) Each system voting device shall be equipped with a
| ||||||
8 | public counter that can be set to zero prior to the opening of
| ||||||
9 | the polling place, and that records the number of ballots cast
| ||||||
10 | at a particular election. The counter shall be incremented only
| ||||||
11 | by the casting of a ballot. The counter shall be designed to
| ||||||
12 | prevent disabling or resetting by other than authorized persons
| ||||||
13 | after the polls close. The counter shall be visible to all
| ||||||
14 | judges of election so long as the device is installed at the
| ||||||
15 | polling place.
| ||||||
16 | (h) Each system voting device shall be equipped with a
| ||||||
17 | protective counter that records all of the testing and election
| ||||||
18 | ballots cast since the unit was built. This counter shall be
| ||||||
19 | designed so that its reading cannot be changed by any cause
| ||||||
20 | other than the casting of a ballot. The protective counter
| ||||||
21 | shall be incapable of ever being reset and it shall be visible
| ||||||
22 | at all times when the device is configured for testing,
| ||||||
23 | maintenance, or election use.
| ||||||
24 | (i) All system devices shall provide a means of preventing
| ||||||
25 | further voting once the polling place has closed and after all
| ||||||
26 | eligible voters have voted. Such means of control shall
|
| |||||||
| |||||||
1 | incorporate a visible indication of system status. Each device
| ||||||
2 | shall prevent any unauthorized use, prevent tampering with
| ||||||
3 | ballot labels and preclude its re-opening once the poll closing
| ||||||
4 | has been completed for that election.
| ||||||
5 | (j) The system shall produce a printed summary report of
| ||||||
6 | the votes cast upon each voting device. Until the proper
| ||||||
7 | sequence of events associated with closing the polling place | ||||||
8 | has
been completed, the system shall not allow the printing of | ||||||
9 | a
report or the extraction of data. The printed report shall | ||||||
10 | also
contain all system audit information to be required by the
| ||||||
11 | election authority. Data shall not be altered or otherwise
| ||||||
12 | destroyed by report generation and the system shall ensure the
| ||||||
13 | integrity and security of data for a period of at least 6 | ||||||
14 | months
after the polls close.
| ||||||
15 | (k) If more than one voting device is used in a polling
| ||||||
16 | place, the system shall provide a means to manually or
| ||||||
17 | electronically consolidate the data from all such units into a
| ||||||
18 | single report even if different voting systems are used to
| ||||||
19 | record absentee ballots. The system shall also be capable of
| ||||||
20 | merging the vote tabulation results produced by other vote
| ||||||
21 | tabulation systems, if necessary.
| ||||||
22 | (l) System functions shall be implemented such that
| ||||||
23 | unauthorized access to them is prevented and the execution of
| ||||||
24 | authorized functions in an improper sequence is precluded.
| ||||||
25 | System functions shall be executable only in the intended | ||||||
26 | manner
and order, and only under the intended conditions. If |
| |||||||
| |||||||
1 | the
preconditions to a system function have not been met, the
| ||||||
2 | function shall be precluded from executing by the system's
| ||||||
3 | control logic.
| ||||||
4 | (m) All system voting devices shall incorporate at least 3
| ||||||
5 | memories in the machine itself and in its programmable memory
| ||||||
6 | devices.
| ||||||
7 | (n) The system shall include capabilities of recording and
| ||||||
8 | reporting the date and time of normal and abnormal events and | ||||||
9 | of
maintaining a permanent record of audit information that | ||||||
10 | cannot
be turned off. Provisions shall be made to detect and | ||||||
11 | record
significant events (e.g., casting a ballot, error | ||||||
12 | conditions
that cannot be disposed of by the system itself, | ||||||
13 | time-dependent
or programmed events that occur without the | ||||||
14 | intervention of the
voter or a judge of election).
| ||||||
15 | (o) The system and each system voting device must be
| ||||||
16 | capable of creating, printing and maintaining a permanent paper
| ||||||
17 | record and an electronic image of each ballot that is cast such
| ||||||
18 | that records of individual ballots are maintained by a | ||||||
19 | subsystem
independent and distinct from the main vote | ||||||
20 | detection,
interpretation, processing and reporting path. The | ||||||
21 | electronic
images of each ballot must protect the integrity of | ||||||
22 | the data and
the anonymity of each voter, for example, by means | ||||||
23 | of storage
location scrambling. The ballot image records may be | ||||||
24 | either
machine-readable or manually transcribed, or both, at | ||||||
25 | the
discretion of the election authority.
| ||||||
26 | (p) The system shall include built-in test, measurement
and |
| |||||||
| |||||||
1 | diagnostic software and hardware for detecting and reporting
| ||||||
2 | the system's status and degree of operability.
| ||||||
3 | (q) The system shall contain provisions for maintaining
the | ||||||
4 | integrity of memory voting and audit data during an election
| ||||||
5 | and for a period of at least 6 months thereafter and shall
| ||||||
6 | provide the means for creating an audit trail.
| ||||||
7 | (r) The system shall be fully accessible so as to permit | ||||||
8 | blind or
visually impaired voters as well as physically | ||||||
9 | disabled voters
to exercise their right to vote in private and | ||||||
10 | without
assistance.
| ||||||
11 | (s) The system shall provide alternative language
| ||||||
12 | accessibility if required pursuant to Section 203 of the Voting
| ||||||
13 | Rights Act of 1965.
| ||||||
14 | (t) Each voting device shall enable a voter to vote for a
| ||||||
15 | person whose name does not appear on the ballot.
| ||||||
16 | (u) The system shall record and count accurately each vote
| ||||||
17 | properly cast for or against any candidate and for or against
| ||||||
18 | any public question, including the names of all candidates | ||||||
19 | whose
names are written in by the voters.
| ||||||
20 | (v) The system shall allow for accepting provisional
| ||||||
21 | ballots and for separating such provisional ballots from
| ||||||
22 | precinct totals until authorized by the election authority.
| ||||||
23 | (w) The system shall provide an effective audit trail as
| ||||||
24 | defined in Section 24C-2 in this Code.
| ||||||
25 | (x) The system shall be suitably designed for the purpose
| ||||||
26 | used, be durably constructed, and be designed for safety,
|
| |||||||
| |||||||
1 | accuracy and efficiency.
| ||||||
2 | (y) The system shall comply with all provisions of
federal, | ||||||
3 | State and local election laws and regulations and any
future | ||||||
4 | modifications to those laws and regulations.
| ||||||
5 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|