Illinois General Assembly - Full Text of HB6952
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Full Text of HB6952  96th General Assembly




State of Illinois
2009 and 2010


Introduced , by Rep. Jehan A. Gordon


10 ILCS 5/24C-12

    Amends the Election Code. In an election jurisdiction using a direct recording electronic voting system, permits the tabulation of fractional cumulative votes at the election authority's central office (previously permitted only until December 31, 2007). Effective immediately.

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1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing Section
524C-12 as follows:
6    (10 ILCS 5/24C-12)
7    Sec. 24C-12. Procedures for Counting and Tallying of
8Ballots. In an election jurisdiction where a Direct Recording
9Electronic Voting System is used, the following procedures for
10counting and tallying the ballots shall apply:
11    Before the opening of the polls, the judges of elections
12shall assemble the voting equipment and devices and turn the
13equipment on. The judges shall, if necessary, take steps to
14activate the voting devices and counting equipment by inserting
15into the equipment and voting devices appropriate data cards
16containing passwords and data codes that will select the proper
17ballot formats selected for that polling place and that will
18prevent inadvertent or unauthorized activation of the
19poll-opening function. Before voting begins and before ballots
20are entered into the voting devices, the judges of election
21shall cause to be printed a record of the following: the
22election's identification data, the device's unit
23identification, the ballot's format identification, the



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1contents of each active candidate register by office and of
2each active public question register showing that they contain
3all zero votes, all ballot fields that can be used to invoke
4special voting options, and other information needed to ensure
5the readiness of the equipment and to accommodate
6administrative reporting requirements. The judges must also
7check to be sure that the totals are all zeros in the counting
8columns and in the public counter affixed to the voting
10    After the judges have determined that a person is qualified
11to vote, a voting device with the proper ballot to which the
12voter is entitled shall be enabled to be used by the voter. The
13ballot may then be cast by the voter by marking by appropriate
14means the designated area of the ballot for the casting of a
15vote for any candidate or for or against any public question.
16The voter shall be able to vote for any and all candidates and
17public measures appearing on the ballot in any legal number and
18combination and the voter shall be able to delete, change or
19correct his or her selections before the ballot is cast. The
20voter shall be able to select candidates whose names do not
21appear upon the ballot for any office by entering
22electronically as many names of candidates as the voter is
23entitled to select for each office.
24    Upon completing his or her selection of candidates or
25public questions, the voter shall signify that voting has been
26completed by activating the appropriate button, switch or



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1active area of the ballot screen associated with end of voting.
2Upon activation, the voting system shall record an image of the
3completed ballot, increment the proper ballot position
4registers, and shall signify to the voter that the ballot has
5been cast. Upon activation, the voting system shall also print
6a permanent paper record of each ballot cast as defined in
7Section 24C-2 of this Code. This permanent paper record shall
8(i) be printed in a clear, readily readable format that can be
9easily reviewed by the voter for completeness and accuracy and
10(ii) either be self-contained within the voting device or be
11deposited by the voter into a secure ballot box. No permanent
12paper record shall be removed from the polling place except by
13election officials as authorized by this Article. All permanent
14paper records shall be preserved and secured by election
15officials in the same manner as paper ballots and shall be
16available as an official record for any recount, redundant
17count, or verification or retabulation of the vote count
18conducted with respect to any election in which the voting
19system is used. The voter shall exit the voting station and the
20voting system shall prevent any further attempt to vote until
21it has been properly re-activated. If a voting device has been
22enabled for voting but the voter leaves the polling place
23without casting a ballot, 2 judges of election, one from each
24of the 2 major political parties, shall spoil the ballot.
25    Throughout the election day and before the closing of the
26polls, no person may check any vote totals for any candidate or



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1public question on the voting or counting equipment. Such
2equipment shall be programmed so that no person may reset the
3equipment for reentry of ballots unless provided the proper
4code from an authorized representative of the election
6    The precinct judges of election shall check the public
7register to determine whether the number of ballots counted by
8the voting equipment agrees with the number of voters voting as
9shown by the applications for ballot. If the same do not agree,
10the judges of election shall immediately contact the offices of
11the election authority in charge of the election for further
12instructions. If the number of ballots counted by the voting
13equipment agrees with the number of voters voting as shown by
14the application for ballot, the number shall be listed on the
15"Statement of Ballots" form provided by the election authority.
16    The totals for all candidates and propositions shall be
17tabulated. One copy of an "In-Precinct Totals Report" shall be
18generated by the automatic tabulating equipment for return to
19the election authority. One copy of an "In-Precinct Totals
20Report" shall be generated and posted in a conspicuous place
21inside the polling place, provided that any authorized
22pollwatcher or other official authorized to be present in the
23polling place to observe the counting of ballots is present.
24The judges of election shall provide, if requested, a set for
25each authorized pollwatcher or other official authorized to be
26present in the polling place to observe the counting of



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1ballots. In addition, sufficient time shall be provided by the
2judges of election to the pollwatchers to allow them to copy
3information from the copy which has been posted.
4    In Until December 31, 2007, in elections at which
5fractional cumulative votes are cast for candidates, the
6tabulation of those fractional cumulative votes may be made by
7the election authority at its central office location, and 4
8copies of a "Certificate of Results" shall be printed by the
9automatic tabulation equipment and shall be posted in 4
10conspicuous places at the central office location where those
11fractional cumulative votes have been tabulated.
12    If instructed by the election authority, the judges of
13election shall cause the tabulated returns to be transmitted
14electronically to the offices of the election authority via
15modem or other electronic medium.
16    The precinct judges of election shall select a bi-partisan
17team of 2 judges, who shall immediately return the ballots in a
18sealed container, along with all other election materials and
19equipment as instructed by the election authority; provided,
20however, that such container must first be sealed by the
21election judges with filament tape or other approved sealing
22devices provided for the purpose in a manner that the ballots
23cannot be removed from the container without breaking the seal
24or filament tape and disturbing any signatures affixed by the
25election judges to the container. The election authority shall
26keep the office of the election authority, or any receiving



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1stations designated by the authority, open for at least 12
2consecutive hours after the polls close or until the ballots
3and election material and equipment from all precincts within
4the jurisdiction of the election authority have been returned
5to the election authority. Ballots and election materials and
6equipment returned to the office of the election authority
7which are not signed and sealed as required by law shall not be
8accepted by the election authority until the judges returning
9the ballots make and sign the necessary corrections. Upon
10acceptance of the ballots and election materials and equipment
11by the election authority, the judges returning the ballots
12shall take a receipt signed by the election authority and
13stamped with the time and date of the return. The election
14judges whose duty it is to return any ballots and election
15materials and equipment as provided shall, in the event the
16ballots, materials or equipment cannot be found when needed, on
17proper request, produce the receipt which they are to take as
18above provided.
19(Source: P.A. 94-645, eff. 8-22-05; 94-1073, eff. 12-26-06;
2095-699, eff. 11-9-07.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.