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Rep. John A. Fritchey
Filed: 4/8/2008
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09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
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| AMENDMENT TO HOUSE BILL 2673
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| AMENDMENT NO. ______. Amend House Bill 2673 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing |
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| Sections
16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1, 24A-5.1, |
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| 24A-6, 24A-15, 24A-16,
24B-5.1, 24B-6, 24B-15,
24B-16, 24C-1, |
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| and 24C-11 and by adding Section 17-19a as follows:
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| (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
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| Sec. 16-4.1. Ballots; Form; Consolidated Elections. This |
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| Section shall
apply only to the consolidated primary election, |
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| and the consolidated election,
except as otherwise expressly |
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| provided herein.
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| The ballot for the nomination or election of officers of |
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| each political
subdivision shall be considered a separate |
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| ballot, and candidates for such
offices shall be grouped |
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| together. Where paper ballots are used, the names
of candidates |
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| for nomination or election to more than one political |
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| subdivision
may be contained on a common ballot, provided that |
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| such ballot clearly
indicates and separates each political |
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| subdivision from which such officers
are to be nominated or |
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| elected.
In the case of partisan elections of officers,
a |
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| separate party circle shall be included at the head of the |
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| portion of
the ballot for each political subdivision for which |
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| candidates of political
parties have been nominated. When an |
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| electronic voting system is used that
utilizes a ballot label |
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| booklet, the
party circles for straight-party voting shall be |
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| on the same ballot page
on which are listed the candidates for |
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| the political subdivision election
for which that party circle |
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| applies.
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| At the consolidated election, the ballot for school
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| district offices shall
precede the ballot for community college |
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| district offices, and thereafter
the ballot order of the |
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| political subdivision officers to be elected shall
be as |
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| determined by the election authority. In the case of school |
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| districts
other than community consolidated school districts, |
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| the ballot for non-high
school district offices shall precede |
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| the ballot for high school district
offices.
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| At the consolidated primary and at the consolidated |
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| election, the ballot
for nomination or election of municipal |
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| officers shall precede the ballot
for township officers. At the |
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| consolidated election, following the ballot
for municipal and |
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| township offices shall be the ballots for park district
and |
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| library district offices, following which shall be the ballots |
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| for other
political subdivision offices in the order determined |
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| by the election
authority.
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| The election authority, in determining the order of ballot |
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| placement for
offices of political subdivisions whose ballot |
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| placement is not specified
in this Section, shall give due |
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| regard to the clarity of the ballot
presentation
to the voters, |
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| cost and administrative ease, and the requirement to provide
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| separate ballot formats within precincts in which the electors |
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| are not entitled
to vote for the same offices or propositions. |
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| At the request of a political
subdivision which extends into |
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| more than one election jurisdiction, the
election authority |
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| shall endeavor to coordinate placement and color of the
ballot |
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| for such subdivision with the other election authorities |
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| responsible
for preparing ballots for such subdivision |
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| election. The election authority
may conduct a lottery to |
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| determine the order of ballot placement of political
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| subdivision ballots where such order is not specified in this |
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| Section.
Such lottery may be conducted jointly by two or more
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| election authorities.
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| (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
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| 90-655, eff. 7-30-98.)
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| (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
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| Sec. 17-11. On receipt of his ballot the voter shall |
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| forthwith, and
without leaving the inclosed space, retire |
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| alone, or accompanied by children as provided in Section 17-8,
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| to one of the voting
booths so provided and shall prepare his |
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| ballot by making in the
appropriate margin or place a cross (X) |
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| opposite the name of the
candidate of his choice for each |
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| office to be filled, or by writing in
the name of the candidate |
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| of his choice in a blank space on said ticket,
making a cross |
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| (X) opposite thereto; and in case of a question submitted
to |
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| the vote of the people, by making in the appropriate margin or |
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| place
a cross (X) against the answer he desires to give. A |
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| cross (X) in the
square in front of the bracket enclosing the |
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| names of a team of
candidates for Governor and Lieutenant |
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| Governor counts as one vote for
each of such candidates. If the |
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| voter desires to vote for all of the
candidates of one |
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| political party or group of petitioners, he may place
such mark |
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| at the appropriate place preceding the appellation or title
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| under which the names of the candidates of such party or group |
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| of
petitioners are printed, and the ballot so marked shall be |
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| counted as
cast for all of the candidates named under that |
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| title, provided,
further, that the voter may place such mark at |
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| the appropriate place
preceding the appellation or title of one |
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| party or group of petitioners
and may also mark, at the |
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| appropriate place preceding the name or names
of one or more |
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| candidates printed under the appellation or title of some
other |
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| party or group of petitioners, and a ballot so marked shall be
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| counted as cast for all the candidates named under the |
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| appellation or
title that has been so marked, except as to the |
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| officers as to which he
has placed such mark preceding the name |
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| or names of some other candidate
or candidates printed under |
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| the title of some other party or group of
petitioners, and as |
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| to such it shall be counted as cast for the
candidate or |
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| candidates preceding whose name or names such mark may have
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| been placed. Before leaving the voting booth the voter shall |
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| fold
his
ballot in such manner as to conceal the marks thereon. |
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| He shall then
vote forthwith in the manner herein provided, |
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| except that the number
corresponding to the number of the voter |
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| on the poll books shall not be
indorsed on the back of his |
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| ballot. He shall mark and deliver his ballot
without undue |
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| delay, and shall quit said inclosed space as soon as he
has |
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| voted; except that immediately after voting, the voter shall be |
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| instructed whether the voting equipment, if used, accepted or |
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| rejected the ballot or identified the ballot as under-voted for |
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| a statewide constitutional office. A voter whose ballot is |
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| identified as under-voted may return to the voting booth and |
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| complete the voting of that ballot. A voter whose ballot is not |
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| accepted by the voting equipment may, upon surrendering the |
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| ballot, request and vote another ballot. The voter's |
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| surrendered ballot shall be initialed by the election judge and |
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| handled as provided in the appropriate Article governing that |
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| voting equipment. |
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| No voter shall be allowed to occupy a voting booth already
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| occupied by another, nor remain within said inclosed space more |
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| than ten
minutes, nor to occupy a voting booth more than five |
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| minutes in case all
of said voting booths are in use and other |
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| voters waiting to occupy the
same. No voter not an election |
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| officer, shall, after having voted, be
allowed to re-enter said |
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| inclosed space during said election. No person
shall take or |
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| remove any ballot from the polling place before the close
of |
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| the poll. No voter shall vote or offer to vote any ballot |
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| except such
as he has received from the judges of election in |
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| charge of the ballots.
Any voter who shall, by accident or |
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| mistake, spoil his ballot, may, on
returning said spoiled |
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| ballot, receive another in place thereof only after
the word |
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| "spoiled" has been written in ink diagonally across the entire
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| face of the ballot returned by the voter.
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| Where voting machines or electronic voting systems are |
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| used, the
provisions of this section may be modified as |
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| required or authorized by
Article 24,
24A, 24B, or 24C, |
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| whichever is applicable, except that the requirements of this |
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| Section that (i) the voter must be notified of the voting |
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| equipment's acceptance or rejection of the voter's ballot or |
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| identification of an under-vote for a statewide constitutional |
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| office and (ii) the voter shall have the opportunity to correct |
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| an under-vote or surrender the ballot that was not accepted and |
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| vote another ballot shall not be modified.
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| (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
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| (10 ILCS 5/17-19a new)
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| Sec. 17-19a. Tallying straight ticket votes. At all |
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| general and special
elections held in this State,
when the law |
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| requires that judges tally the votes received by
candidates at |
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| the election, it shall not be necessary for the judges of
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| election to mark upon their tally sheets separate marks or |
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| tallies
for each vote received by the candidates upon the |
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| ballots containing the same
names, commonly known and in this |
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| Code designated as "straight tickets". When
the judges have |
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| counted and announced to the judges keeping the
tally, as near |
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| as may be as provided by law, the number of
votes received by |
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| each set of candidates upon the "straight tickets", the
tally |
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| judges shall set that number of votes down, in figures opposite |
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| or
directly below the names of the respective candidates, in a |
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| column or line
provided for that purpose upon the tally sheets. |
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| That column or line shall
read "number of straight votes". The |
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| same column shall be used for the
candidates for Governor and |
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| Lieutenant Governor running on the same ticket. The
judges |
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| shall then proceed to count and announce the votes received by |
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| each
candidate upon all ballots other than "straight tickets", |
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| including all ballots
known as "split tickets" and all ballots |
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| known as "scratched tickets". The
tally judges shall proceed to |
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| tally the votes upon the tally sheets and to
compare and |
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| announce the result thereof. The counting, announcing, and
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| tallying shall be conducted as otherwise provided in this Act. |
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| The tally judges
shall set down, in figures, the number of |
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| votes received by each candidate on
ballots other than |
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| "straight tickets", as so ascertained and announced, in an
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| adjoining column or line provided for that purpose upon the |
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| tally sheets,
immediately opposite or below the name of each |
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| candidate. That line shall read
"Number of other votes". The |
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| judges keeping the tally shall then proceed to add
together the |
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| number of votes received by each candidate, as shown in the |
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| column
or line containing the straight votes and the number as |
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| shown in the column or
line containing the votes other than |
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| straight votes. The result will show the
total number of votes |
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| received by each candidate. After comparing their
results and |
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| finding that the results agree and are correct, the judges |
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| shall
set down the results, in figures, in an adjoining column |
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| or line provided upon
the tally
sheets for that purpose, which |
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| shall be directly opposite or below the line for
recording the |
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| votes on split and scratched ballots and shall read "candidates
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| total vote". One of the tally judges shall announce in a loud |
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| voice to the
other judges the total number of votes received by |
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| and counted for each
candidate.
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| Nothing in this Section shall be construed to authorize or |
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| permit canvassing,
counting, or tallying ballots with any less |
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| degree of strictness
than otherwise required by law. The |
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| intention of this Section is to dispense
with the individual |
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| tally marks only so far as the so-called "straight tickets"
are |
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| concerned. All other operations of tallying, counting, |
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| canvassing, and
announcing the votes shall proceed as near as |
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| may be in accordance with the
other provisions of this Code. |
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| Tally sheets and certificates may be prepared in
book form or |
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| in accordion folds.
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| (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
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| Sec. 17-21. When the votes shall have been examined and |
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| counted, the judges
shall set down on a sheet or return form to |
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| be supplied to them, the name of
every person voted for, |
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| written or printed at full length, the office
for which such |
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| person received such votes, and the number he did receive , |
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| including the number of straight votes and the number of split |
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| votes,
and such additional information as is necessary to |
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| complete, as nearly
as circumstances will admit, the following |
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| form, to-wit:
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| TALLY SHEET AND CERTIFICATE OF
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| RESULTS
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| We do hereby certify that at the .... election held in the |
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| precinct
hereinafter (general or special) specified on the .... |
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| day of ...., in
the year .... of our Lord, one thousand nine |
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| hundred and .... , a total of
.... voters requested and received |
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| ballots and we do further certify:
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| Number of blank ballots delivered to us ....
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| Number of absentee ballots delivered to us ....
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| Total number of ballots delivered to us ....
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| Number of blank and spoiled ballots returned.
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| (1) Total number of ballots cast (in box)....
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| .... Straight Republican ballots cast
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| .... Straight Democratic ballots cast
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| .... Straight ballots cast for any other established |
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| political party |
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| .... Split ballots cast
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| .... Defective and Objected To ballots sealed in envelope
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| (2) .... Total number of ballots cast (in box)
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| Line (2) equals line (1)
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| We further certify that each of the candidates for |
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| representative in
the General Assembly received the number of |
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| votes ascribed to him on the
separate tally sheet.
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| We further certify that each candidate received the number |
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| of votes
set forth opposite his name or in the box containing |
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| his name on the
tally sheet contained in the page or pages |
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| immediately following our
signatures.
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| The undersigned actually served as judges and counted the |
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| ballots at
the election on the .... day of .... in the .... |
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| precinct of the (1)
*township of ...., or (2) *City of ...., or |
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| (3) *.... ward in the city
of .... and the polls were opened at |
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| 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
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| *Fill in either (1), (2) or (3)
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| A B, ....(Address)
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| C D, ....(Address)
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| E F, ....(Address)
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| G H, ....(Address)
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| I J, ....(Address)
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| The State Board of Elections shall develop a tally sheet |
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| form for use under this Section.
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| Each tally sheet shall be in substantially one of the |
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| following forms:
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| -------------------------------------------------------------
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5 | | |
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Candidate's |
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| 6 | | | | | | | | | |
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7 | | Name of |
Candidates |
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Total |
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8 | | office |
Names |
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Vote |
5 |
10 |
15 |
20 |
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9 | | -- |
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10 | | United |
John Smith |
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77 |
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11 | | States |
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12 | | Senator |
| | | | | | | |
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13 | | -- |
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14 | | -- |
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15 | | | Names of candidates | | | | |
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16 | | Name of | and total vote | | | | |
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17 | | office | | for each | | | 5 | 10 | 15 | 20 |
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18 | | -- |
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19 | | For United | John Smith | | | | | |
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20 | | States | | | | | | |
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21 | | Senator | | | | | | |
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22 | | | Total Vote ... | .............. | | | | |
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23 | | -- |
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| (Source: P.A. 89-700, eff. 1-17-97 .)
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| (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
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| Sec. 18-9. The judges of election shall first count the |
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| whole number
of ballots in the box. If the ballots shall be |
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| found to exceed the
number of applications for ballot, they |
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| shall reject the ballots, if
any, found folded inside of a |
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| ballot. And if the ballots and the
applications for ballot |
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| still do not agree after such rejection, the
ballots shall be |
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| replaced in the box and the box closed and well shaken,
and |
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| again opened; and one of the judges shall publicly draw out so |
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| many
ballots unopened as shall be equal to such excess. Such |
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| excess ballots
shall be marked "Excess-Not Counted" and signed |
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| by a majority of judges
and shall be placed in the "After 6:00 |
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| p.m. Defective Ballots Envelope".
The number of excess ballots |
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| shall be noted in the remarks section of
the Certificate of |
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| Results. "Excess" ballots shall not
be counted in the total of |
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| "defective" ballots. And the ballots and
applications for |
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| ballot being made to agree in this way, the judges
shall |
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| proceed to count the votes in the following manner: The judges
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| shall open the ballots and place those which contain the same |
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| names
together, so that the several kinds shall be in separate |
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| piles or on
separate files. Each of the judges shall examine |
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| the separate files
which are, or are supposed to be, alike, and |
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| exclude from such files any
which may have a name or an |
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| erasure, or in any manner shall be different
from the others of |
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| such file. One of the judges shall then take one file
of the |
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| kind of ballots which contain the same names, and count them by
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| tens, carefully examining each name on each of the ballots. |
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| Such judge
shall then pass the ten ballots aforesaid to the |
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| judge sitting next to
him, who shall count them in the same |
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| manner, who shall then pass them
to a third judge, who shall |
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| also count them in the same manner. Then the
third judge shall |
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| call the names of the persons named in the ten
ballots, and the |
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| offices for which they are designated, and 2 of the
judges, who |
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| did not assist in the counting shall tally ten votes for
each |
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| of such persons, except as herein otherwise provided. When the
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| judges shall have gone through such file of ballots, containing |
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| the same
names, and shall count them by tens in the same way, |
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| and shall call the
names of the persons named in the ballots |
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| and the office for which they
are designated, the tally judges |
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| shall tally the votes by tens for each
of such persons in the |
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| same manner as in the first instance. When the
counting of each |
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| file of ballots which contain the same names shall be
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| completed, the tally judges shall compare their tallies |
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| together and
ascertain the total number of ballots of that kind |
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| so canvassed; and
when they agree upon the number, one of them |
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| shall announce it in a loud
voice to the other judges. The |
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| judges shall then canvass the other kinds
of ballots which do |
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| not correspond, those containing names partly from
one kind of |
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| ballots and partly from another, being those from which the
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| name of the person proper to be voted for on such ballots has |
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| been
omitted or erased, usually called "scratched tickets". |
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| They shall be
canvassed separately by one of the judges sitting |
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| between 2 other
judges, which judge shall call each name to the |
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| tally judges and the
office for which it is designated, and the |
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| other judges looking at the
ballot at the same time, and the |
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| tally judges making tally of the same.
When all the ballots |
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| have been canvassed in this manner, the tally
judges shall |
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| compare their tallies together, and ascertain the total
number |
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| of votes received by each candidate and when they agree upon |
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| the
numbers one of them shall announce in a loud voice to the |
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| judges the
number of votes received by each candidate on each |
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| of the kinds of
ballots containing his name, the number |
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| received by him on the straight and
scratch tickets, and the |
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| total number of votes received by him. The
provisions of |
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| Section 17-19a shall apply to the tallying of votes on straight
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| tickets.
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| The votes for the offices of Governor and Lieutenant |
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| Governor shall
be counted and tallied jointly.
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| Where voting machines or electronic voting systems are |
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| used, the
provisions of this section may be modified as |
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| required or authorized by
Article 24 or Article 24A, whichever |
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| is applicable.
|
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| (Source: P.A. 89-700, eff. 1-17-97.)
|
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| (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
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| Sec. 22-15.1. (a) Within 60 days following the canvass
of |
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| the general election within each election jurisdiction, the |
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| election
authority shall
prepare, in typewritten or legible |
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| computer-generated form, a report of the
abstracts of votes by |
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|
1 |
| precinct for all offices and
questions of public policy in |
2 |
| connection with which votes were cast within
the election |
3 |
| jurisdiction at the general election. The report shall
include |
4 |
| the total number of ballots cast within each precinct or ward , |
5 |
| and the
total
number of registered voters within each precinct |
6 |
| or ward , and, in those election
jurisdictions in which |
7 |
| electronic voting systems are used, the total number of
|
8 |
| straight-party ballots cast at the general election . The |
9 |
| election
authority shall provide a copy of the report to the |
10 |
| chairman of the county
central committee of each established |
11 |
| political party in the county within
which the election |
12 |
| jurisdiction is contained, and shall make a reasonable
number |
13 |
| of copies of the report available for distribution to the |
14 |
| public.
|
15 |
| (b) Within 60 days after the effective date of this |
16 |
| amendatory Act of
1985, each election authority shall prepare, |
17 |
| in typewritten or legible
computer-generated form, a report of |
18 |
| the type required
by subsection (a) concerning the general |
19 |
| election of 1984. The election
authority shall provide a copy |
20 |
| of the report to the chairman of the county
central committee |
21 |
| of each established political party in the county in
which the |
22 |
| election jurisdiction is contained, and shall make a reasonable
|
23 |
| number of copies of the report available for distribution to |
24 |
| the public.
|
25 |
| (c) An election authority may charge a fee to reimburse the |
26 |
| actual cost
of duplicating each copy of a report provided |
|
|
|
09500HB2673ham001 |
- 16 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| pursuant to subsection (a) or
(b).
|
2 |
| (Source: P.A. 94-645, eff. 8-22-05.)
|
3 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
|
4 |
| Sec. 24-1. The election authority in all jurisdictions when |
5 |
| voting machines
are used shall, except as otherwise provided in |
6 |
| this Code,
provide a voting machine or voting
machines for any |
7 |
| or all of the election precincts or election districts,
as the |
8 |
| case may be, for which the election authority is by law charged |
9 |
| with the
duty of conducting an election or
elections.
A voting |
10 |
| machine or machines sufficient in number to provide a machine |
11 |
| for each
400 voters or fraction thereof shall be supplied for |
12 |
| use at all
elections. However, no such voting machine shall be |
13 |
| used,
purchased, or adopted, and no person or entity may have a |
14 |
| written contract, including a contract contingent upon |
15 |
| certification of the voting machines, to sell, lease, or loan |
16 |
| voting machines to an election authority, until the board of |
17 |
| voting machine commissioners
hereinafter provided for, or a |
18 |
| majority thereof, shall have made and
filed a report certifying |
19 |
| that they have examined such machine; that it
affords each |
20 |
| elector an opportunity to vote in absolute secrecy; that it
|
21 |
| enables each elector to vote a straight-party ticket; that it
|
22 |
| enables
each elector to vote a ticket selected in part from the |
23 |
| nominees of one
party, and in part from the nominees of any or |
24 |
| all other parties, and in
part from independent nominees |
25 |
| printed in the columns of candidates for
public office, and in |
|
|
|
09500HB2673ham001 |
- 17 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| part of persons not in nomination by any party or
upon any |
2 |
| independent ticket; that it enables each elector to vote a
|
3 |
| written or printed ballot of his own selection, for any person |
4 |
| for any
office for whom he may desire to vote; that it enables |
5 |
| each elector to
vote for all candidates for whom he is entitled |
6 |
| to vote, and prevents
him from voting for any candidate for any |
7 |
| office more than once, unless
he is lawfully entitled to cast |
8 |
| more than one vote for one candidate,
and in that event permits |
9 |
| him to cast only as many votes for that
candidate as he is by |
10 |
| law entitled, and no more; that it prevents the
elector from |
11 |
| voting for more than one person for the same office, unless
he |
12 |
| is lawfully entitled to vote for more than one person therefor, |
13 |
| and
in that event permits him to vote for as many persons for |
14 |
| that office as
he is by law entitled, and no more; that it |
15 |
| identifies when an elector has not voted for all statewide |
16 |
| constitutional offices; and that such machine will register
|
17 |
| correctly by means of exact counters every vote cast for the |
18 |
| regular
tickets thereon; and has the capacity to contain the |
19 |
| tickets of at least
5 political parties with the names of all |
20 |
| the candidates thereon,
together with all propositions in the |
21 |
| form provided by law, where such
form is prescribed, and where |
22 |
| no such provision is made for the form
thereof, then in brief |
23 |
| form, not to exceed 75 words; that all votes cast
on the |
24 |
| machine on a regular ballot or ballots shall be registered; |
25 |
| that
voters may, by means of irregular ballots or otherwise |
26 |
| vote for any
person for any office, although such person may |
|
|
|
09500HB2673ham001 |
- 18 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| not have been nominated
by any party and his name may not |
2 |
| appear on such machine; that when a
vote is cast for any person |
3 |
| for any such office, when his name does not
appear on the |
4 |
| machine, the elector cannot vote for any other name on the
|
5 |
| machine for the same office; that each elector can, |
6 |
| understandingly and
within the period of 4 minutes cast his |
7 |
| vote for all candidates of his
choice; that the machine is so |
8 |
| constructed that the candidates for
presidential electors of |
9 |
| any party can be voted for only by voting for
the ballot label |
10 |
| containing a bracket within which are the names of the
|
11 |
| candidates for President and Vice-President of the party or |
12 |
| group; that
the machine is provided with a lock or locks by the |
13 |
| use of which any
movement of the voting or registering |
14 |
| mechanism is absolutely prevented
so that it cannot be tampered |
15 |
| with or manipulated for any purpose; that
the machine is |
16 |
| susceptible of being closed during the progress of the
voting |
17 |
| so that no person can see or know the number of votes |
18 |
| registered
for any candidate; that each elector is permitted to |
19 |
| vote for or against
any question, proposition or amendment upon |
20 |
| which he is entitled to
vote, and is prevented from voting for |
21 |
| or against any question,
proposition or amendment upon which he |
22 |
| is not entitled to vote; that the
machine is capable of |
23 |
| adjustment by the election authority,
so as to permit
the |
24 |
| elector, at a party primary election, to vote only for the
|
25 |
| candidates seeking nomination by the political party in which |
26 |
| primary he
is entitled to vote: Provided, also that no such |
|
|
|
09500HB2673ham001 |
- 19 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| machine or machines
shall be purchased, unless the party or |
2 |
| parties making the sale shall
guarantee in writing to keep the |
3 |
| machine or machines in good working
order for 5 years without |
4 |
| additional cost and shall give a sufficient
bond conditioned to |
5 |
| that effect.
|
6 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
7 |
| (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
|
8 |
| Sec. 24A-5.1.
For the instruction of voters on election |
9 |
| day, the election official in
charge of the election shall |
10 |
| provide at each polling place one
instruction-model electronic |
11 |
| voting system marking device. Each such
instruction-model |
12 |
| shall show the arrangement of party rows, office columns
and |
13 |
| questions. Such model shall be located at a place which voters |
14 |
| must
pass to reach the official marking device used in the |
15 |
| actual casting of
votes.
|
16 |
| Before entering the voting booth each voter shall be |
17 |
| offered instruction
in the operation of the marking device by |
18 |
| use of the instruction-model and
the voter shall be given ample |
19 |
| opportunity to operate the model by himself.
In instructing |
20 |
| voters, no precinct official may show partiality to any
|
21 |
| political party , and when instructing a voter on how to vote a |
22 |
| straight
ticket for one political party the precinct official |
23 |
| shall at the same time
instruct the voter how to vote a |
24 |
| straight ticket for any other political
party that appears on |
25 |
| the ballot label .
The duties of instruction shall be
discharged |
|
|
|
09500HB2673ham001 |
- 20 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| by a judge from each of the political parties represented and
|
2 |
| they shall alternate serving as instructor so that each judge |
3 |
| shall serve a
like time at such duties. No instructions may be |
4 |
| given after the voter has
entered the voting booth.
|
5 |
| No precinct official, or person assisting a voter may in |
6 |
| any manner
request, suggest, or seek to persuade or induce any |
7 |
| voter to cast his vote
for any particular ticket, candidate, |
8 |
| amendment, question or proposition.
All instructions shall be |
9 |
| given by precinct officials in such a manner that
it may be |
10 |
| observed by other persons in the polling place.
|
11 |
| (Source: P.A. 89-700, eff. 1-17-97.)
|
12 |
| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
|
13 |
| Sec. 24A-6. The ballot information, whether placed on the |
14 |
| ballot or
on the marking device, shall, as far as practicable, |
15 |
| be in the order of
arrangement provided for paper ballots, |
16 |
| except that such information may
be in vertical or horizontal |
17 |
| rows, or in a number of separate pages.
Ballots for all |
18 |
| questions or propositions to be voted on must be
provided in |
19 |
| the same manner and must be arranged on or in the marking
|
20 |
| device or on the ballot sheet in the places provided for such |
21 |
| purposes.
|
22 |
| When an electronic voting system utilizes a ballot label |
23 |
| booklet and
ballot card, ballots for candidates, ballots |
24 |
| calling for a
constitutional convention, constitutional |
25 |
| amendment ballots, judicial
retention ballots, public |
|
|
|
09500HB2673ham001 |
- 21 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| measures, and all propositions to be voted
upon may be placed |
2 |
| on the electronic voting device by providing in the
ballot |
3 |
| booklet separate ballot label pages or series of pages
|
4 |
| distinguished by differing colors as provided below. When an |
5 |
| electronic
voting system utilizes a ballot sheet, ballots |
6 |
| calling for a constitutional
convention, constitutional |
7 |
| amendment ballots and judicial retention ballots
shall be |
8 |
| placed on the ballot sheet by providing a separate portion of |
9 |
| the
ballot sheet for each such kind of ballot which shall be |
10 |
| printed in ink
of a color distinct from the color of ink used |
11 |
| in printing any other portion
of the ballot sheet. Ballots for |
12 |
| candidates, public measures and all other
propositions to be |
13 |
| voted upon shall be placed on the ballot sheet by providing
a |
14 |
| separate portion of the ballot sheet for each such kind of |
15 |
| ballot. Whenever a person has submitted a declaration of intent |
16 |
| to be a write-in candidate as required in Sections 17-16.1 and |
17 |
| 18-9.1,
a line
on which the name of a candidate may be written |
18 |
| by the voter shall be printed below the name of the last |
19 |
| candidate nominated for such office, and immediately
to the |
20 |
| left of such line an area shall be provided for marking a vote |
21 |
| for
such write-in candidate. The number of write-in lines for |
22 |
| an office shall equal the number of persons who have filed |
23 |
| declarations of intent to be write-in candidates plus an |
24 |
| additional line or lines for write-in candidates who qualify to |
25 |
| file declarations to be write-in candidates under Sections |
26 |
| 17-16.1 and 18-9.1 when the certification of ballot contains |
|
|
|
09500HB2673ham001 |
- 22 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| the words "OBJECTION PENDING" next to the name of the |
2 |
| candidate, up to the number of candidates for which a voter may |
3 |
| vote. More than one amendment to the constitution may
be placed |
4 |
| on the same ballot page or series of pages or on the same |
5 |
| portion
of the ballot sheet, as the case may be. Ballot label |
6 |
| pages for
constitutional conventions or constitutional |
7 |
| amendments shall be on paper
of blue color and shall precede |
8 |
| all other ballot label pages in the ballot
label booklet. More |
9 |
| than one public measure or proposition may be placed
on the |
10 |
| same ballot label page or series of pages or on the same |
11 |
| portion of
the ballot sheet, as the case may be. More than one |
12 |
| proposition for
retention of judges in office may be placed on |
13 |
| the same ballot label page
or series of pages or on the same |
14 |
| portion of the ballot sheet, as the case
may be. Ballot label |
15 |
| pages for candidates shall be on paper of white
color, except |
16 |
| that in primary elections the ballot label page or pages for
|
17 |
| the candidates of each respective political party shall be of |
18 |
| the color
designated by the election official in charge of the |
19 |
| election for that
political party's candidates; provided that |
20 |
| the ballot label pages or pages
for candidates for use at the |
21 |
| nonpartisan and consolidated elections may be
on paper of |
22 |
| different colors, except blue, whenever necessary or desirable
|
23 |
| to facilitate distinguishing between the pages for different |
24 |
| political
subdivisions. Except as provided in Section 16-4.1, |
25 |
| in elections where
provision is made for straight-party voting |
26 |
| by marking a party circle,
the designation of the political |
|
|
|
09500HB2673ham001 |
- 23 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| parties for straight-party voting shall
be on a separate page |
2 |
| on which no names of candidates shall appear,
except no |
3 |
| straight-party circle shall be necessary for any special |
4 |
| election
not conducted on a regularly scheduled election day. |
5 |
| However, such page shall be of the same color as the pages
|
6 |
| containing the names of candidates for office. On each |
7 |
| succeeding page
of
the candidate booklet, where the election is |
8 |
| made to list ballot
information vertically, the party |
9 |
| affiliation of each candidate or the word
"independent" shall |
10 |
| appear immediately to the left of the candidate's
name, and the |
11 |
| name of candidates for the same office shall be listed
|
12 |
| vertically under the title of that office. In the case of |
13 |
| nonpartisan
elections for officers of political subdivisions, |
14 |
| unless the statute or
an ordinance adopted pursuant to Article |
15 |
| VII of the Constitution
requires otherwise, the listing of such |
16 |
| nonpartisan candidates shall not
include any party or |
17 |
| "independent" designation. Ballot label pages for
judicial |
18 |
| retention ballots shall be on paper of green color, and ballot
|
19 |
| label pages for all public measures and other propositions |
20 |
| shall be on
paper of some other distinct and different color. |
21 |
| In primary elections,
a separate ballot label booklet, marking |
22 |
| device and voting booth shall
be used for each political party |
23 |
| holding a primary, with the ballot
label booklet arranged to |
24 |
| include ballot label pages of the candidates
of the party and |
25 |
| public measures and other propositions to be voted upon
on the |
26 |
| day of the primary election. One ballot card may be used for
|
|
|
|
09500HB2673ham001 |
- 24 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| recording the voter's vote or choice on all such ballots, |
2 |
| proposals,
public measures or propositions, and such ballot |
3 |
| card shall be arranged
so as to record the voter's vote or |
4 |
| choice in a separate column or
columns for each such kind of |
5 |
| ballot, proposal, public measure or
proposition.
|
6 |
| If the ballot label booklet includes both candidates for |
7 |
| office and
public measures or propositions to be voted on, the |
8 |
| election official in
charge of the election shall divide the |
9 |
| pages by protruding tabs
identifying the division of the pages, |
10 |
| and printing on such tabs
"Candidates" and "Propositions".
|
11 |
| The ballot card and all of its columns and the ballot card |
12 |
| envelope
shall be of the color prescribed for candidate's |
13 |
| ballots at the general
or primary election, whichever is being |
14 |
| held. At an election where no
candidates are being nominated or |
15 |
| elected, the ballot card, its columns,
and the ballot card |
16 |
| envelope shall be of a color designated by the election
|
17 |
| official in charge of the election.
|
18 |
| The ballot cards, ballot card envelopes and ballot sheets |
19 |
| may, at the
discretion of the election authority, be printed on |
20 |
| white paper and then
striped with the appropriate colors.
|
21 |
| When ballot sheets are used, the various portions thereof |
22 |
| shall be arranged
to conform to the foregoing format.
|
23 |
| Absentee ballots may consist of ballot cards, envelopes, |
24 |
| paper ballots
or ballot sheets voted in person in the office of |
25 |
| the election official in
charge of the election or voted by |
26 |
| mail. Where a ballot card is used for
voting by mail it must be |
|
|
|
09500HB2673ham001 |
- 25 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| accompanied by a punching tool or other
appropriate marking |
2 |
| device, voter instructions and a specimen ballot
showing the |
3 |
| proper positions to vote on the ballot card or ballot sheet for
|
4 |
| each party, candidate, proposal, public measure or |
5 |
| proposition, and in the
case of a ballot card must be mounted |
6 |
| on a suitable material to receive the
punched out chip.
|
7 |
| Any voter who spoils his ballot or makes an error may |
8 |
| return the
ballot to the judges of election and secure another. |
9 |
| However, the
protruding identifying tab for proposals for a |
10 |
| constitutional convention
or constitutional amendments shall |
11 |
| have printed thereon "Constitutional
Ballot", and the ballot |
12 |
| label page or pages for such proposals shall
precede the ballot |
13 |
| label pages for candidates in the ballot label
booklet.
|
14 |
| (Source: P.A. 95-699, eff. 11-9-07.)
|
15 |
| (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
|
16 |
| Sec. 24A-15. The precinct return printed by the automatic |
17 |
| tabulating
equipment shall include the number of ballots cast , |
18 |
| straight-party
tickets,
and votes cast for each candidate and |
19 |
| proposition and shall constitute the
official return of each |
20 |
| precinct. Every ballot on which the voter has cast a
vote for |
21 |
| all candidates of one party and no votes for any other |
22 |
| candidates
shall be reported as a straight-party ticket, and |
23 |
| all other ballots shall be
reported as split tickets. In |
24 |
| addition to the precinct return, the
election authority shall |
25 |
| provide the number of applications for ballots
in each |
|
|
|
09500HB2673ham001 |
- 26 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| precinct, the write-in votes, the total number of ballots |
2 |
| counted in
each precinct for each political subdivision and |
3 |
| district and the number
of registered voters in each precinct. |
4 |
| However, the election authority
shall check the totals shown by |
5 |
| the precinct return and, if there is an
obvious discrepancy |
6 |
| with respect to the total number of votes cast in any
precinct, |
7 |
| shall have the ballots for such precinct retabulated to correct
|
8 |
| the return. The procedures for retabulation shall apply prior |
9 |
| to and
after the proclamation is completed; however, after the |
10 |
| proclamation of
results, the election authority must obtain a |
11 |
| court order to unseal voted
ballots except for election |
12 |
| contests and discovery recounts.
In those election |
13 |
| jurisdictions that utilize in-precinct counting
equipment, the |
14 |
| certificate of results, which has been prepared by the
judges |
15 |
| of election after the ballots have been
tabulated, shall be the |
16 |
| document used for the canvass of votes for such
precinct. |
17 |
| Whenever a discrepancy exists during the canvass of votes
|
18 |
| between the unofficial results and the certificate of results, |
19 |
| or whenever
a discrepancy exists during the canvass of votes |
20 |
| between the certificate of
results and the set of totals which |
21 |
| has been affixed to such certificate of
results, the ballots |
22 |
| for such precinct shall be retabulated to correct the
return. |
23 |
| As an additional part of this check prior to the proclamation, |
24 |
| in
those jurisdictions where in-precinct counting equipment is |
25 |
| utilized, the
election authority shall retabulate the total |
26 |
| number of votes cast in 5% of
the precincts within the election |
|
|
|
09500HB2673ham001 |
- 27 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| jurisdiction. The precincts to be
retabulated shall be selected |
2 |
| after election day on a random basis by the
State Board of |
3 |
| Elections, so that every precinct in the election jurisdiction |
4 |
| has
an equal mathematical chance of being selected. The State |
5 |
| Board of
Elections shall design a standard and scientific |
6 |
| random method of selecting
the precincts which are to be |
7 |
| retabulated. The State central committee
chairman of each |
8 |
| established political party shall be given prior written notice |
9 |
| of the time and place of
such random selection procedure and |
10 |
| may be represented at such procedure.
Such retabulation shall |
11 |
| consist of counting the ballot cards which were
originally |
12 |
| counted and shall not involve any determination as to which
|
13 |
| ballot cards were, in fact, properly counted. The ballots from |
14 |
| the
precincts selected for such retabulation shall remain at |
15 |
| all times under
the custody and control of the election |
16 |
| authority and shall be transported
and retabulated by the |
17 |
| designated staff of the election authority.
|
18 |
| As part of such retabulation, the election authority shall |
19 |
| test the
computer program in the selected precincts. Such test
|
20 |
| shall be conducted by processing a preaudited group of ballots |
21 |
| so punched
so as to record a predetermined number of valid |
22 |
| votes for each candidate
and on each public question, and shall |
23 |
| include for each office one or more
ballots which have votes in |
24 |
| excess of the number allowed by law in order
to test the |
25 |
| ability of the equipment to reject such votes. If any error
is |
26 |
| detected, the cause therefor shall be ascertained and corrected |
|
|
|
09500HB2673ham001 |
- 28 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| and an
errorless count shall be made prior to the official |
2 |
| canvass and proclamation
of election results.
|
3 |
| The State Board of Elections, the State's Attorney and |
4 |
| other appropriate
law enforcement agencies, the county |
5 |
| chairman of each established political
party and qualified |
6 |
| civic organizations shall be given prior written notice
of the |
7 |
| time and place of such retabulation and may be represented at |
8 |
| such
retabulation.
|
9 |
| The results of this retabulation shall be treated in the |
10 |
| same manner and
have the same effect as the results of the |
11 |
| discovery procedures set forth
in Section 22-9.1 of this Act. |
12 |
| Upon completion of the retabulation, the
election authority |
13 |
| shall print a comparison of the results of the
retabulation |
14 |
| with the original precinct return printed by the automatic
|
15 |
| tabulating equipment. Such comparison shall be done for each |
16 |
| precinct and
for each office voted upon within that precinct, |
17 |
| and the comparisons shall
be open to the public.
|
18 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
19 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
|
20 |
| Sec. 24A-16. The State Board of Elections shall approve all |
21 |
| voting
systems provided by this Article. |
22 |
| No voting system shall be approved
unless it fulfills the |
23 |
| following requirements:
|
24 |
| (1) It enables a voter to vote in absolute secrecy;
|
25 |
| (2) It enables a voter to vote a straight-party ticket |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| (Blank) ;
|
2 |
| (3) It enables a voter to vote a ticket selected in |
3 |
| part from the
nominees of one party, and in part from the |
4 |
| nominees of any or all parties,
and in part from |
5 |
| independent candidates and in part of candidates whose
|
6 |
| names are written in by the voter;
|
7 |
| (4) It enables a voter to vote a written or printed |
8 |
| ticket of his own
selection for any person for any office |
9 |
| for whom he may desire to vote;
|
10 |
| (5) It will reject all votes for an office or upon a |
11 |
| proposition when
the voter has cast more votes for such |
12 |
| office or upon such proposition than
he is entitled to |
13 |
| cast;
|
14 |
| (5.5) It will identify when a voter has not voted for |
15 |
| all statewide constitutional offices;
|
16 |
| (6) It will accommodate all propositions to be |
17 |
| submitted to the voters
in the form provided by law or, |
18 |
| where no such form is provided, then in
brief form, not to |
19 |
| exceed 75 words.
|
20 |
| The State Board of Elections shall not approve any voting |
21 |
| equipment or system that includes an external Infrared Data |
22 |
| Association (IrDA) communications port.
|
23 |
| The State Board of Elections is authorized to withdraw its |
24 |
| approval of a
voting system if the system fails to fulfill the |
25 |
| above requirements.
|
26 |
| The vendor, person, or other private entity shall be solely |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| responsible for the production and cost of: all application |
2 |
| fees; all ballots; additional temporary workers; and other |
3 |
| equipment or facilities needed and used in the testing of the |
4 |
| vendor's, person's, or other private entity's respective |
5 |
| equipment and software.
|
6 |
| Any voting system vendor, person, or other private entity |
7 |
| seeking the State Board of Elections' approval of a voting |
8 |
| system shall, as part of the approval application, submit to |
9 |
| the State Board a non-refundable fee. The State Board of |
10 |
| Elections by rule shall establish an appropriate fee structure, |
11 |
| taking into account the type of voting system approval that is |
12 |
| requested (such as approval of a new system, a modification of |
13 |
| an existing system, the size of the modification, etc.). No |
14 |
| voting system or modification of a voting system shall be |
15 |
| approved unless the fee is paid.
|
16 |
| No vendor, person, or other entity may sell, lease, or |
17 |
| loan, or have a written contract, including a contract |
18 |
| contingent upon State Board approval of the voting system or |
19 |
| voting system component, to sell, lease, or loan, a voting
|
20 |
| system or voting system component to any election jurisdiction |
21 |
| unless the
voting system or voting system component is first |
22 |
| approved by the State
Board of Elections pursuant to this |
23 |
| Section.
|
24 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
25 |
| (10 ILCS 5/24B-5.1)
|
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| Sec. 24B-5.1. Instruction of Voters; Instruction
Model; |
2 |
| Partiality to Political Party; Manner of Instruction.
Before |
3 |
| entering the voting booth each voter shall be offered
|
4 |
| instruction in the marking of the Precinct Tabulation Optical
|
5 |
| Scan Technology ballot sheet. In instructing voters, no |
6 |
| precinct
official may show partiality to any political party , |
7 |
| and when instructing a
voter on how to vote a straight ticket |
8 |
| for one political party the precinct
official shall at the same |
9 |
| time instruct the voter how to vote a straight
ticket for any |
10 |
| other political party that appears on the ballot label . The
|
11 |
| duties of
instruction shall be discharged by a judge from each |
12 |
| of the
political parties represented and they shall alternate |
13 |
| serving as
instructor so that each judge shall serve a like |
14 |
| time at such
duties. No instructions may be given after the |
15 |
| voter has entered
the voting booth.
|
16 |
| No precinct official, or person assisting a voter may in |
17 |
| any
manner request, suggest, or seek to persuade or induce any |
18 |
| voter
to cast his or her vote for any particular ticket, |
19 |
| candidate, amendment,
question or proposition. All |
20 |
| instructions shall be given by
precinct officials in a manner |
21 |
| that it may be observed by
other persons in the polling place.
|
22 |
| (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
|
23 |
| (10 ILCS 5/24B-6)
|
24 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic |
25 |
| Precinct
Tabulation Optical Scan Technology Voting System; |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, |
2 |
| shall, as far
as practicable, be in the order of arrangement |
3 |
| provided for paper
ballots, except that the information may be |
4 |
| in vertical or
horizontal rows, or on a number of separate |
5 |
| pages or displays on the marking
device. Ballots for
all |
6 |
| questions or propositions to be voted on should be provided
in |
7 |
| a similar manner and must be arranged on the ballot sheet or |
8 |
| marking
device in
the places provided for such purposes. |
9 |
| Ballots shall be of white
paper unless provided otherwise by |
10 |
| administrative rule of the State Board of
Elections or |
11 |
| otherwise specified.
|
12 |
| All propositions, including but not limited to |
13 |
| propositions
calling for a constitutional convention, |
14 |
| constitutional
amendment, judicial retention, and public |
15 |
| measures to be voted
upon shall be placed on separate portions |
16 |
| of the ballot sheet or marking
device by
utilizing borders or |
17 |
| grey screens. Candidates shall be listed on
a separate portion |
18 |
| of the ballot sheet or marking device by utilizing
borders or
|
19 |
| grey screens. Whenever a person has submitted a declaration of |
20 |
| intent to be a write-in candidate as required in Sections |
21 |
| 17-16.1 and 18-9.1,
a line or lines on which the voter
may |
22 |
| select a
write-in candidate shall be printed below the name of |
23 |
| the last candidate nominated for such office. Such line or |
24 |
| lines shall be proximate to an area provided for marking
votes |
25 |
| for the write-in candidate or
candidates. The number of |
26 |
| write-in lines for an office shall equal the number
of persons |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| who have filed declarations of intent to be write-in candidates |
2 |
| plus an additional line or lines for write-in candidates who |
3 |
| qualify to file declarations to be write-in candidates under |
4 |
| Sections 17-16.1 and 18-9.1 when the certification of ballot |
5 |
| contains the words "OBJECTION PENDING" next to the name of that |
6 |
| candidate, up to the number of
candidates
for which a voter may |
7 |
| vote. More than one amendment to the constitution may be
placed |
8 |
| on the
same portion of the ballot sheet or marking device.
|
9 |
| Constitutional convention or constitutional amendment
|
10 |
| propositions shall be printed or displayed on a separate |
11 |
| portion of the
ballot
sheet or marking device and designated by |
12 |
| borders or grey screens, unless
otherwise
provided by |
13 |
| administrative rule of the State Board of Elections.
More than |
14 |
| one public measure or proposition may be placed on the
same |
15 |
| portion of the ballot sheet or marking device. More than
one |
16 |
| proposition for retention of judges in office may be placed
on |
17 |
| the same portion of the ballot sheet or marking device.
Names |
18 |
| of candidates shall be printed in black. The designation
of the |
19 |
| political parties for straight-party voting shall be in a
|
20 |
| special section of the ballot, except no means by which a voter
|
21 |
| can cast a straight-party vote shall be necessary for any |
22 |
| special
election not conducted on a regularly scheduled |
23 |
| election day. The party
affiliation of each candidate or the |
24 |
| word "independent" shall
appear near or under the candidate's |
25 |
| name, and the names of
candidates for the same office shall be |
26 |
| listed vertically under
the title of that office, on separate |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| pages of the marking device, or as
otherwise approved by the |
2 |
| State Board of Elections. In the case of
nonpartisan elections
|
3 |
| for officers of political subdivisions, unless the statute or |
4 |
| an
ordinance adopted pursuant to Article VII of the |
5 |
| Constitution
requires otherwise, the listing of nonpartisan |
6 |
| candidates
shall not include any party or "independent" |
7 |
| designation.
Judicial retention
questions and ballot questions |
8 |
| for all public measures and other propositions
shall be |
9 |
| designated by borders or grey screens on the ballot or marking
|
10 |
| device.
In primary
elections, a separate ballot, or displays on |
11 |
| the marking device, shall be
used for each political
party |
12 |
| holding a primary, with the ballot or marking device arranged |
13 |
| to
include
names of the candidates of the party and public |
14 |
| measures and
other propositions to be voted upon on the day of |
15 |
| the primary
election.
|
16 |
| If the ballot includes both candidates for office and |
17 |
| public
measures or propositions to be voted on, the election |
18 |
| official in
charge of the election shall divide the ballot or |
19 |
| displays on the marking
device in sections for
"Candidates" and |
20 |
| "Propositions", or separate ballots may be used.
|
21 |
| Absentee ballots may consist of envelopes, paper ballots or
|
22 |
| ballot sheets voted in person in the office of the election
|
23 |
| official in charge of the election or voted by mail. Where a
|
24 |
| Precinct Tabulation Optical Scan Technology ballot is used for
|
25 |
| voting by mail it must be accompanied by voter instructions.
|
26 |
| Any voter who spoils his or her ballot, makes an error, or |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| has a ballot
returned by the automatic tabulating equipment may |
2 |
| return
the ballot to the judges of election and get another |
3 |
| ballot.
|
4 |
| (Source: P.A. 95-699, eff. 11-9-07.)
|
5 |
| (10 ILCS 5/24B-15)
|
6 |
| Sec. 24B-15. Official Return of Precinct; Check of Totals; |
7 |
| Retabulation. The precinct return printed by the automatic
|
8 |
| Precinct Tabulation Optical Scan Technology tabulating |
9 |
| equipment
shall include the number of ballots cast , |
10 |
| straight-party tickets,
and votes cast for each candidate and |
11 |
| proposition and shall
constitute the official return of each |
12 |
| precinct. Every ballot on which the
voter has cast a vote for |
13 |
| all candidates of one party and no votes for any
other |
14 |
| candidates shall be reported as a straight-party ticket, and |
15 |
| all other
ballots shall be reported as split tickets. In |
16 |
| addition to the precinct
return, the election
authority shall |
17 |
| provide the number of applications for ballots in
each |
18 |
| precinct, the write-in votes, the total number of ballots
|
19 |
| counted in each precinct for each political subdivision and
|
20 |
| district and the number of registered voters in each precinct.
|
21 |
| However, the election authority shall check the totals shown by
|
22 |
| the precinct return and, if there is an obvious discrepancy |
23 |
| regarding
the total number of votes cast in any precinct, shall
|
24 |
| have the ballots for that precinct retabulated to correct the
|
25 |
| return.
The procedures for retabulation shall apply prior to |
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| and after the
proclamation is completed; however, after the |
2 |
| proclamation of results, the
election authority must obtain a |
3 |
| court order to unseal voted ballots except for
election |
4 |
| contests and discovery recounts.
In those election |
5 |
| jurisdictions that use in-precinct
counting equipment, the |
6 |
| certificate of results, which has been
prepared by the judges |
7 |
| of election after the
ballots have been tabulated, shall be the |
8 |
| document used for the
canvass of votes for such precinct. |
9 |
| Whenever a discrepancy
exists during the canvass of votes |
10 |
| between the unofficial results
and the certificate of results, |
11 |
| or whenever a discrepancy exists
during the canvass of votes |
12 |
| between the certificate of results
and the set of totals which |
13 |
| has been affixed to the certificate
of results, the ballots for |
14 |
| that precinct shall be retabulated to
correct the return. As an |
15 |
| additional part of this check prior to
the proclamation, in |
16 |
| those jurisdictions where in-precinct
counting equipment is |
17 |
| used, the election authority shall
retabulate the total number |
18 |
| of votes cast in 5% of the precincts
within the election |
19 |
| jurisdiction. The precincts to be
retabulated shall be selected |
20 |
| after election day on a random
basis by the State Board of |
21 |
| Elections, so that every precinct in the
election jurisdiction |
22 |
| has an equal mathematical chance of being
selected. The State |
23 |
| Board of Elections shall design a standard
and scientific |
24 |
| random method of selecting the precincts which are
to be |
25 |
| retabulated. The State central committee chairman of each |
26 |
| established political party
shall be given prior written notice
|
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| of the time and place of the random selection procedure and may
|
2 |
| be represented at the procedure. The retabulation shall
consist |
3 |
| of counting the ballots which were originally counted and
shall |
4 |
| not involve any determination of which ballots were, in
fact, |
5 |
| properly counted. The ballots from the precincts selected
for |
6 |
| the retabulation shall remain at all times under the custody
|
7 |
| and control of the election authority and shall be transported
|
8 |
| and retabulated by the designated staff of the election
|
9 |
| authority.
|
10 |
| As part of the retabulation, the election authority shall
|
11 |
| test the computer program in the selected precincts. The test
|
12 |
| shall be conducted by processing a preaudited group of ballots
|
13 |
| marked to record a predetermined number of valid votes for
each |
14 |
| candidate and on each public question, and shall include for
|
15 |
| each office one or more ballots which have votes in excess of |
16 |
| the
number allowed by law to test the ability of the
equipment |
17 |
| and the marking device to reject such votes. If any error is
|
18 |
| detected, the
cause shall be determined and corrected, and an
|
19 |
| errorless count shall be made prior to the official canvass and
|
20 |
| proclamation of election results.
|
21 |
| The State Board of Elections, the State's Attorney and |
22 |
| other
appropriate law enforcement agencies, the county |
23 |
| chairman of each
established political party and qualified |
24 |
| civic organizations
shall be given prior written notice of the |
25 |
| time and place of the
retabulation and may be represented at |
26 |
| the retabulation.
|
|
|
|
09500HB2673ham001 |
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LRB095 01097 JAM 49150 a |
|
|
1 |
| The results of this retabulation shall be treated in the
|
2 |
| same manner and have the same effect as the results of the
|
3 |
| discovery procedures set forth in Section 22-9.1 of this Code.
|
4 |
| Upon completion of the retabulation, the election authority |
5 |
| shall
print a comparison of the results of the retabulation |
6 |
| with the
original precinct return printed by the automatic |
7 |
| tabulating
equipment. The comparison shall be done for each |
8 |
| precinct and
for each office voted upon within that precinct, |
9 |
| and the
comparisons shall be open to the public. Upon |
10 |
| completion of the
retabulation, the returns shall be open to |
11 |
| the public.
|
12 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
13 |
| (10 ILCS 5/24B-16)
|
14 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
|
15 |
| Technology Voting Systems; Requisites. The State Board of
|
16 |
| Elections shall approve all Precinct Tabulation Optical Scan
|
17 |
| Technology voting systems provided by this Article.
|
18 |
| No Precinct Tabulation Optical Scan Technology voting |
19 |
| system
shall be approved unless it fulfills the following |
20 |
| requirements:
|
21 |
| (a) It enables a voter to vote in absolute secrecy;
|
22 |
| (b) It enables a voter to vote a straight-party
ticket |
23 |
| (Blank) ;
|
24 |
| (c) It enables a voter to vote a ticket selected in |
25 |
| part
from the nominees of one party, and in part from the |
|
|
|
09500HB2673ham001 |
- 39 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| nominees of
any or all parties, and in part from |
2 |
| independent candidates, and
in part of candidates whose |
3 |
| names are written in by the voter;
|
4 |
| (d) It enables a voter to vote a written or printed |
5 |
| ticket
of his or her own selection for any person for any |
6 |
| office for whom he or she
may desire to vote;
|
7 |
| (e) It will reject all votes for an office or upon a
|
8 |
| proposition when the voter has cast more votes for the |
9 |
| office or
upon the proposition than he or she is entitled |
10 |
| to cast;
|
11 |
| (e-5) It will identify when a voter has not voted for |
12 |
| all statewide constitutional offices; and
|
13 |
| (f) It will accommodate all propositions to be |
14 |
| submitted to
the voters in the form provided by law or, |
15 |
| where no form is
provided, then in brief form, not to |
16 |
| exceed 75 words.
|
17 |
| The State Board of Elections shall not approve any voting |
18 |
| equipment or system that includes an external Infrared Data |
19 |
| Association (IrDA) communications port.
|
20 |
| The State Board of Elections is authorized to withdraw its
|
21 |
| approval of a Precinct Tabulation Optical Scan Technology |
22 |
| voting
system if the system fails to fulfill the above |
23 |
| requirements.
|
24 |
| The vendor, person, or other private entity shall be solely |
25 |
| responsible for the production and cost of: all application |
26 |
| fees; all ballots; additional temporary workers; and other |
|
|
|
09500HB2673ham001 |
- 40 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| equipment or facilities needed and used in the testing of the |
2 |
| vendor's, person's, or other private entity's respective |
3 |
| equipment and software.
|
4 |
| Any voting system vendor, person, or other private entity |
5 |
| seeking the State Board of Elections' approval of a voting |
6 |
| system shall, as part of the approval application, submit to |
7 |
| the State Board a non-refundable fee. The State Board of |
8 |
| Elections by rule shall establish an appropriate fee structure, |
9 |
| taking into account the type of voting system approval that is |
10 |
| requested (such as approval of a new system, a modification of |
11 |
| an existing system, the size of the modification, etc.). No |
12 |
| voting system or modification of a voting system shall be |
13 |
| approved unless the fee is paid.
|
14 |
| No vendor, person, or other entity may sell, lease, or |
15 |
| loan, or have a written contract, including a contract |
16 |
| contingent upon State Board approval of the voting system or |
17 |
| voting system component, to sell, lease, or loan, a
voting |
18 |
| system or Precinct Tabulation Optical Scan Technology
voting |
19 |
| system component to any election jurisdiction unless the
voting |
20 |
| system or voting system component is first approved by the
|
21 |
| State Board of Elections pursuant to this Section.
|
22 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
23 |
| (10 ILCS 5/24C-1)
|
24 |
| Sec. 24C-1. Purpose ; straight ticket voting . |
25 |
| (a) The purpose of this Article is to
authorize the use of |
|
|
|
09500HB2673ham001 |
- 41 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| Direct Recording Electronic Voting Systems
approved by the |
2 |
| State Board of Elections. In a Direct Recording
Electronic |
3 |
| Voting System, voters cast votes by means of a ballot
display |
4 |
| provided with mechanical or electro-optical devices that
can be |
5 |
| activated by the voters to mark their choices for the
|
6 |
| candidates of their preference and for or against public
|
7 |
| questions. Such voting devices shall be capable of
|
8 |
| instantaneously recording such votes, storing such votes,
|
9 |
| producing a permanent paper record and tabulating such votes at
|
10 |
| the precinct or at one or more counting stations. This Article
|
11 |
| authorizes the use of Direct Recording Electronic Voting |
12 |
| Systems
for in-precinct counting applications and for |
13 |
| in-person absentee
voting in the office of the election |
14 |
| authority and in the
offices of local officials authorized by |
15 |
| the election authority
to conduct such absentee voting. All |
16 |
| other absentee ballots
must be counted at the office of the |
17 |
| election authority.
|
18 |
| (b) This Article shall be implemented to permit straight |
19 |
| ticket voting as authorized by this Code. |
20 |
| (Source: P.A. 93-574, eff. 8-21-03.)
|
21 |
| (10 ILCS 5/24C-11)
|
22 |
| Sec. 24C-11. Functional requirements. A Direct Recording |
23 |
| Electronic Voting System shall, in
addition to satisfying the |
24 |
| other requirements of this Article,
fulfill the following |
25 |
| functional requirements:
|
|
|
|
09500HB2673ham001 |
- 42 - |
LRB095 01097 JAM 49150 a |
|
|
1 |
| (a) Provide a voter in a primary election with the means
of |
2 |
| casting a ballot containing votes for any and all candidates
of |
3 |
| the party or parties of his or her choice, and for any and
all |
4 |
| non-partisan candidates and public questions and preclude
the |
5 |
| voter from voting for any candidate of any other political
|
6 |
| party except when legally permitted. In a general election, the
|
7 |
| system shall provide the voter with means of selecting the
|
8 |
| appropriate number of candidates for any office, and of voting
|
9 |
| on any public question on the ballot to which he or she is
|
10 |
| entitled to vote.
|
11 |
| (b) If a voter is not entitled to vote for particular
|
12 |
| candidates or public questions appearing on the ballot, the
|
13 |
| system shall prevent the selection of the prohibited votes.
|
14 |
| (c) Once the proper ballot has been selected, the
system |
15 |
| devices shall provide a means of enabling the recording
of |
16 |
| votes and the casting of said ballot.
|
17 |
| (d) System voting devices shall provide voting choices
that |
18 |
| are clear to the voter and labels indicating the names of
every |
19 |
| candidate and the text of every public question on the
voter's |
20 |
| ballot. Each label shall identify the selection button
or |
21 |
| switch, or the active area of the ballot associated with it.
|
22 |
| The system shall be able to incorporate minimal, easy-to-follow
|
23 |
| on-screen instruction for the voter on how to cast a ballot.
|
24 |
| (e) Voting devices shall (i) enable the voter to vote for
|
25 |
| any and all candidates and public questions appearing on the
|
26 |
| ballot for which the voter is lawfully entitled to vote, in any
|
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| legal number and combination , including a straight party |
2 |
| ticket ; (ii) detect and reject all votes
for an office or upon |
3 |
| a public question when the voter has cast
more votes for the |
4 |
| office or upon the public question than the
voter is entitled |
5 |
| to cast; (iii) notify the voter if the voter's
choices as |
6 |
| recorded on the ballot for an office or public
question are |
7 |
| fewer than or exceed the number that the voter is
entitled to |
8 |
| vote for on that office or public question and the
effect of |
9 |
| casting more or fewer votes than legally permitted; (iv) notify
|
10 |
| the voter if the voter has failed to completely cast a vote for
|
11 |
| an office or public question appearing on the ballot; and (v)
|
12 |
| permit the voter, in a private and independent manner, to |
13 |
| verify
the votes selected by the voter, to change the ballot or |
14 |
| to
correct any error on the ballot before the ballot is |
15 |
| completely cast and
counted. A means shall be provided to |
16 |
| indicate each selection
after it has been made or canceled.
|
17 |
| (f) System voting devices shall provide a means for the
|
18 |
| voter to signify that the selection of candidates and public
|
19 |
| questions has been completed. Upon activation, the system shall
|
20 |
| record an image of the completed ballot, increment the proper
|
21 |
| ballot position registers, and shall signify to the voter that
|
22 |
| the ballot has been cast. The system shall then prevent any
|
23 |
| further attempt to vote until it has been reset or re-enabled |
24 |
| by
a judge of election.
|
25 |
| (g) Each system voting device shall be equipped with a
|
26 |
| public counter that can be set to zero prior to the opening of
|
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| the polling place, and that records the number of ballots cast
|
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| at a particular election. The counter shall be incremented only
|
3 |
| by the casting of a ballot. The counter shall be designed to
|
4 |
| prevent disabling or resetting by other than authorized persons
|
5 |
| after the polls close. The counter shall be visible to all
|
6 |
| judges of election so long as the device is installed at the
|
7 |
| polling place.
|
8 |
| (h) Each system voting device shall be equipped with a
|
9 |
| protective counter that records all of the testing and election
|
10 |
| ballots cast since the unit was built. This counter shall be
|
11 |
| designed so that its reading cannot be changed by any cause
|
12 |
| other than the casting of a ballot. The protective counter
|
13 |
| shall be incapable of ever being reset and it shall be visible
|
14 |
| at all times when the device is configured for testing,
|
15 |
| maintenance, or election use.
|
16 |
| (i) All system devices shall provide a means of preventing
|
17 |
| further voting once the polling place has closed and after all
|
18 |
| eligible voters have voted. Such means of control shall
|
19 |
| incorporate a visible indication of system status. Each device
|
20 |
| shall prevent any unauthorized use, prevent tampering with
|
21 |
| ballot labels and preclude its re-opening once the poll closing
|
22 |
| has been completed for that election.
|
23 |
| (j) The system shall produce a printed summary report of
|
24 |
| the votes cast upon each voting device. Until the proper
|
25 |
| sequence of events associated with closing the polling place |
26 |
| has
been completed, the system shall not allow the printing of |
|
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| a
report or the extraction of data. The printed report shall |
2 |
| also
contain all system audit information to be required by the
|
3 |
| election authority. Data shall not be altered or otherwise
|
4 |
| destroyed by report generation and the system shall ensure the
|
5 |
| integrity and security of data for a period of at least 6 |
6 |
| months
after the polls close.
|
7 |
| (k) If more than one voting device is used in a polling
|
8 |
| place, the system shall provide a means to manually or
|
9 |
| electronically consolidate the data from all such units into a
|
10 |
| single report even if different voting systems are used to
|
11 |
| record absentee ballots. The system shall also be capable of
|
12 |
| merging the vote tabulation results produced by other vote
|
13 |
| tabulation systems, if necessary.
|
14 |
| (l) System functions shall be implemented such that
|
15 |
| unauthorized access to them is prevented and the execution of
|
16 |
| authorized functions in an improper sequence is precluded.
|
17 |
| System functions shall be executable only in the intended |
18 |
| manner
and order, and only under the intended conditions. If |
19 |
| the
preconditions to a system function have not been met, the
|
20 |
| function shall be precluded from executing by the system's
|
21 |
| control logic.
|
22 |
| (m) All system voting devices shall incorporate at least 3
|
23 |
| memories in the machine itself and in its programmable memory
|
24 |
| devices.
|
25 |
| (n) The system shall include capabilities of recording and
|
26 |
| reporting the date and time of normal and abnormal events and |
|
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| of
maintaining a permanent record of audit information that |
2 |
| cannot
be turned off. Provisions shall be made to detect and |
3 |
| record
significant events (e.g., casting a ballot, error |
4 |
| conditions
that cannot be disposed of by the system itself, |
5 |
| time-dependent
or programmed events that occur without the |
6 |
| intervention of the
voter or a judge of election).
|
7 |
| (o) The system and each system voting device must be
|
8 |
| capable of creating, printing and maintaining a permanent paper
|
9 |
| record and an electronic image of each ballot that is cast such
|
10 |
| that records of individual ballots are maintained by a |
11 |
| subsystem
independent and distinct from the main vote |
12 |
| detection,
interpretation, processing and reporting path. The |
13 |
| electronic
images of each ballot must protect the integrity of |
14 |
| the data and
the anonymity of each voter, for example, by means |
15 |
| of storage
location scrambling. The ballot image records may be |
16 |
| either
machine-readable or manually transcribed, or both, at |
17 |
| the
discretion of the election authority.
|
18 |
| (p) The system shall include built-in test, measurement
and |
19 |
| diagnostic software and hardware for detecting and reporting
|
20 |
| the system's status and degree of operability.
|
21 |
| (q) The system shall contain provisions for maintaining
the |
22 |
| integrity of memory voting and audit data during an election
|
23 |
| and for a period of at least 6 months thereafter and shall
|
24 |
| provide the means for creating an audit trail.
|
25 |
| (r) The system shall be fully accessible so as to permit |
26 |
| blind or
visually impaired voters as well as physically |
|
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|
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| disabled voters
to exercise their right to vote in private and |
2 |
| without
assistance.
|
3 |
| (s) The system shall provide alternative language
|
4 |
| accessibility if required pursuant to Section 203 of the Voting
|
5 |
| Rights Act of 1965.
|
6 |
| (t) Each voting device shall enable a voter to vote for a
|
7 |
| person whose name does not appear on the ballot.
|
8 |
| (u) The system shall record and count accurately each vote
|
9 |
| properly cast for or against any candidate and for or against
|
10 |
| any public question, including the names of all candidates |
11 |
| whose
names are written in by the voters.
|
12 |
| (v) The system shall allow for accepting provisional
|
13 |
| ballots and for separating such provisional ballots from
|
14 |
| precinct totals until authorized by the election authority.
|
15 |
| (w) The system shall provide an effective audit trail as
|
16 |
| defined in Section 24C-2 in this Code.
|
17 |
| (x) The system shall be suitably designed for the purpose
|
18 |
| used, be durably constructed, and be designed for safety,
|
19 |
| accuracy and efficiency.
|
20 |
| (y) The system shall comply with all provisions of
federal, |
21 |
| State and local election laws and regulations and any
future |
22 |
| modifications to those laws and regulations.
|
23 |
| (Source: P.A. 95-699, eff. 11-9-07.)
|
24 |
| (10 ILCS 5/1-7 rep.)
|
25 |
| Section 10. The Election Code is amended by repealing |