Full Text of SB2503 96th General Assembly
SB2503sam001 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/2/2010
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| AMENDMENT TO SENATE BILL 2503
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| AMENDMENT NO. ______. Amend Senate Bill 2503 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 17-11, 17-43, 18-5, 18-40, 19A-35, 24-1, 24A-16, | 6 |
| 24B-16, and 24B-20 as follows:
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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 | 9 |
| forthwith, and
without leaving the inclosed space, retire | 10 |
| 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 | 12 |
| ballot by making in the
appropriate margin or place a cross (X) | 13 |
| opposite the name of the
candidate of his choice for each | 14 |
| office to be filled, or by writing in
the name of the candidate | 15 |
| of his choice in a blank space on said ticket,
making a cross | 16 |
| (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 | 2 |
| place
a cross (X) against the answer he desires to give. A | 3 |
| cross (X) in the
square in front of the bracket enclosing the | 4 |
| names of a team of
candidates for Governor and Lieutenant | 5 |
| Governor counts as one vote for
each of such candidates. Before | 6 |
| leaving the voting booth the voter shall fold
his
ballot in | 7 |
| such manner as to conceal the marks thereon. He shall then
vote | 8 |
| forthwith in the manner herein provided, except that the number
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| corresponding to the number of the voter on the poll books | 10 |
| shall not be
indorsed on the back of his ballot. He shall mark | 11 |
| and deliver his ballot
without undue delay, and shall quit said | 12 |
| inclosed space as soon as he
has voted; except that immediately | 13 |
| after voting, the voter shall be instructed whether the voting | 14 |
| equipment, if used, accepted or rejected the ballot or | 15 |
| identified the ballot as under-voted for a statewide | 16 |
| constitutional office. A voter whose ballot is identified as | 17 |
| under-voted may return to the voting booth and complete the | 18 |
| voting of that ballot. A voter whose ballot is not accepted by | 19 |
| the voting equipment may, upon surrendering the ballot, request | 20 |
| and vote another ballot. The voter's surrendered ballot shall | 21 |
| be initialed by the election judge and handled as provided in | 22 |
| the appropriate Article governing that voting equipment. The | 23 |
| voting equipment shall not indicate which office the voter | 24 |
| under-voted. | 25 |
| 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 | 2 |
| minutes in case all
of said voting booths are in use and other | 3 |
| voters waiting to occupy the
same. No voter not an election | 4 |
| officer, shall, after having voted, be
allowed to re-enter said | 5 |
| inclosed space during said election. No person
shall take or | 6 |
| remove any ballot from the polling place before the close
of | 7 |
| the poll. No voter shall vote or offer to vote any ballot | 8 |
| except such
as he has received from the judges of election in | 9 |
| charge of the ballots.
Any voter who shall, by accident or | 10 |
| mistake, spoil his ballot, may, on
returning said spoiled | 11 |
| ballot, receive another in place thereof only after
the word | 12 |
| "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 | 15 |
| used, the
provisions of this section may be modified as | 16 |
| required or authorized by
Article 24,
24A, 24B, or 24C, | 17 |
| whichever is applicable, except that the requirements of this | 18 |
| Section that (i) the voter must be notified of the voting | 19 |
| equipment's acceptance or rejection of the voter's ballot or | 20 |
| identification of an under-vote for a statewide constitutional | 21 |
| office and (ii) the voter shall have the opportunity to correct | 22 |
| an under-vote or surrender the ballot that was not accepted and | 23 |
| 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 5/17-43)
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| Sec. 17-43. Voting.
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| (a) If the election authority has adopted the use of | 3 |
| Precinct
Tabulation Optical Scan Technology voting equipment | 4 |
| pursuant to
Article 24B of this Code, and the provisions of the | 5 |
| Article are
in conflict with the provisions of this Article 17, | 6 |
| the
provisions of Article 24B shall govern the procedures | 7 |
| followed by
the election authority, its judges of elections, | 8 |
| and all
employees and agents. In following the provisions of
| 9 |
| Article 24B, the election authority is authorized to develop | 10 |
| and
implement procedures to fully utilize Precinct Tabulation | 11 |
| Optical
Scan Technology voting equipment authorized by the | 12 |
| State Board of
Elections as long as the procedure is not in | 13 |
| conflict with
either Article 24B or the administrative rules of | 14 |
| the State Board
of Elections.
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| (b) Notwithstanding subsection (a), when voting equipment | 16 |
| governed by any Article of this Code is used, the requirements | 17 |
| of Section 7-11 that (i) the voter must be notified of the | 18 |
| voting equipment's acceptance or rejection of the ballot or | 19 |
| identification of an under-vote for a statewide constitutional | 20 |
| office and (ii) the voter shall have the opportunity to correct | 21 |
| an under-vote for a statewide constitutional office or | 22 |
| surrender the ballot that was not accepted and vote another | 23 |
| ballot shall not be modified. The voting equipment shall not | 24 |
| indicate which office the voter under-voted.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
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| Sec. 18-5. Any person desiring to vote and whose name is | 3 |
| found upon
the register of voters by the person having charge | 4 |
| thereof, shall then
be questioned by one of the judges as to | 5 |
| his nativity, his term of
residence at present address, | 6 |
| precinct, State and United States, his
age, whether naturalized | 7 |
| and if so the date of naturalization papers and
court from | 8 |
| which secured, and he shall be asked to state his residence
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| when last previously registered and the date of the election | 10 |
| for which
he then registered. The judges of elections shall | 11 |
| check each application
for ballot against the list of voters | 12 |
| registered in that precinct to whom
grace period, absentee, and | 13 |
| early ballots have been issued for that election, which shall
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| be provided
by the election authority and which list shall be | 15 |
| available for inspection
by pollwatchers. A voter applying to | 16 |
| vote in
the precinct on
election day whose name appears on the | 17 |
| list as having been issued a grace period, absentee,
or early | 18 |
| ballot shall not be permitted to vote in the precinct, except | 19 |
| that a voter to whom an absentee ballot was issued may vote in | 20 |
| the precinct if the voter submits to the election judges that | 21 |
| absentee ballot for cancellation. If the voter is unable to | 22 |
| submit the absentee ballot, it shall be sufficient for the | 23 |
| voter to submit to the election judges (i) a portion of the | 24 |
| absentee ballot if the absentee ballot was torn or mutilated or | 25 |
| (ii) an affidavit executed before the election judges | 26 |
| specifying that (A) the voter never received an absentee ballot |
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| or (B) the voter completed and returned an absentee ballot and | 2 |
| was informed that the election authority did not receive that | 3 |
| absentee ballot.
If such person
so registered shall be | 4 |
| challenged as disqualified, the party challenging
shall assign | 5 |
| his reasons therefor, and thereupon one of the judges shall
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| administer to him an oath to answer questions, and if he shall | 7 |
| take the
oath he shall then be questioned by the judge or | 8 |
| judges touching such cause
of challenge, and touching any other | 9 |
| cause of disqualification. And he may
also be questioned by the | 10 |
| person challenging him in regard to his
qualifications and | 11 |
| identity. But if a majority of the judges are of the
opinion | 12 |
| that he is the person so registered and a qualified voter, his | 13 |
| vote
shall then be received accordingly. But if his vote be | 14 |
| rejected by such
judges, such person may afterward produce and | 15 |
| deliver an affidavit to such
judges, subscribed and sworn to by | 16 |
| him before one of the judges, in which
it shall be stated how | 17 |
| long he has resided in such precinct, and state;
that he is a | 18 |
| citizen of the United States, and is a duly qualified voter in
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| such precinct, and that he is the identical person so | 20 |
| registered.
In addition to such an affidavit, the person so | 21 |
| challenged shall provide
to the judges of election proof of | 22 |
| residence by producing 2 forms of
identification showing the | 23 |
| person's current residence address, provided
that such | 24 |
| identification may include a lease or contract for a residence | 25 |
| and not more than one piece of mail addressed to the person at | 26 |
| his current residence address and
postmarked not earlier than |
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| 30 days prior to the date of the
election, or the person shall | 2 |
| procure a witness personally known to the
judges of election, | 3 |
| and resident in the precinct (or district), or who
shall be | 4 |
| proved by some legal voter of such precinct or district, known | 5 |
| to
the judges to be such, who shall take the oath following, | 6 |
| viz:
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| I do solemnly swear (or affirm) that I am a resident of | 8 |
| this election
precinct (or district), and entitled to vote at | 9 |
| this election, and that I
have been a resident of this State | 10 |
| for 30 days last past, and am well
acquainted with the person | 11 |
| whose vote is now offered; that he is an actual
and bona fide | 12 |
| resident of this election precinct (or district), and has
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| resided herein 30 days, and as I verily believe, in this State, | 14 |
| 30 days
next preceding this election.
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| The oath in each case may be administered by one of the | 16 |
| judges of
election, or by any officer, resident in the precinct | 17 |
| or district,
authorized by law to administer oaths. Also | 18 |
| supported by an affidavit by a
registered voter residing in | 19 |
| such precinct, stating his own residence, and
that he knows | 20 |
| such person; and that he does reside at the place mentioned
and | 21 |
| has resided in such precinct and state for the length of time | 22 |
| as stated
by such person, which shall be subscribed and sworn | 23 |
| to in the same way.
For purposes of this Section, the | 24 |
| submission of a photo identification issued by a college or | 25 |
| university, accompanied by either (i) a copy of the applicant's | 26 |
| contract or lease for a residence or (ii) one piece of mail |
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| addressed to the person at his or her current residence address | 2 |
| and postmarked not earlier than 30 days prior to the date of | 3 |
| the election, shall be sufficient to establish proof of | 4 |
| residence. Whereupon the vote of such person shall be received, | 5 |
| and entered as other
votes. But such judges, having charge of | 6 |
| such registers, shall state in
their respective books the facts | 7 |
| in such case, and the affidavits, so
delivered to the judges, | 8 |
| shall be preserved and returned to the office of
the | 9 |
| commissioners of election. Blank affidavits of the character | 10 |
| aforesaid
shall be sent out to the judges of all the precincts, | 11 |
| and the judges of
election shall furnish the same on demand and | 12 |
| administer the oaths without
criticism. Such oaths, if | 13 |
| administered by any other officer than such judge
of election, | 14 |
| shall not be received. Whenever a proposal for a
constitutional | 15 |
| amendment or for the calling of a constitutional convention
is | 16 |
| to be voted upon at the election, the separate blue ballot or | 17 |
| ballots
pertaining thereto shall be placed on top of the other | 18 |
| ballots to be voted
at the election in such manner that the | 19 |
| legend appearing on the back
thereof, as prescribed in Section | 20 |
| 16-6 of this Act, shall be plainly
visible to the voter, and in | 21 |
| this fashion the ballots shall be handed to
the voter by the | 22 |
| judge.
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| Immediately after voting, the voter shall be instructed | 24 |
| whether the voting equipment, if used, accepted or rejected the | 25 |
| ballot or identified the ballot as under-voted. A voter whose | 26 |
| ballot is identified as under-voted for a statewide |
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| constitutional office may return to the voting booth and | 2 |
| complete the voting of that ballot. A voter whose ballot is not | 3 |
| accepted by the voting equipment may, upon surrendering the | 4 |
| ballot, request and vote another ballot. The voter's | 5 |
| surrendered ballot shall be initialed by the election judge and | 6 |
| handled as provided in the appropriate Article governing that | 7 |
| voting equipment. The voting equipment shall not indicate which | 8 |
| office the voter under-voted. | 9 |
| The voter shall, upon quitting the voting booth, deliver to | 10 |
| one of
the judges of election all of the ballots, properly | 11 |
| folded, which he
received. The judge of election to whom the | 12 |
| voter delivers his ballots
shall not accept the same unless all | 13 |
| of the ballots given to the voter
are returned by him. If a | 14 |
| voter delivers less than all of the ballots
given to him, the | 15 |
| judge to whom the same are offered shall advise him in
a voice | 16 |
| clearly audible to the other judges of election that the voter
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| must return the remainder of the ballots. The statement of the | 18 |
| judge to
the voter shall clearly express the fact that the | 19 |
| voter is not required
to vote such remaining ballots but that | 20 |
| whether or not he votes them he
must fold and deliver them to | 21 |
| the judge. In making such statement the
judge of election shall | 22 |
| not indicate by word, gesture or intonation of
voice that the | 23 |
| unreturned ballots shall be voted in any particular
manner. No | 24 |
| new voter shall be permitted to enter the voting booth of a
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| voter who has failed to deliver the total number of ballots | 26 |
| received by
him until such voter has returned to the voting |
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| booth pursuant to the
judge's request and again quit the booth | 2 |
| with all of the ballots
required to be returned by him. Upon | 3 |
| receipt of all such ballots the
judges of election shall enter | 4 |
| the name of the voter, and his number, as
above provided in | 5 |
| this Section, and the judge to whom the ballots are
delivered | 6 |
| shall immediately put the ballots into the ballot box. If any
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| voter who has failed to deliver all the ballots received by him | 8 |
| refuses
to return to the voting booth after being advised by | 9 |
| the judge of
election as herein provided, the judge shall | 10 |
| inform the other judges of
such refusal, and thereupon the | 11 |
| ballot or ballots returned to the judge
shall be deposited in | 12 |
| the ballot box, the voter shall be permitted to
depart from the | 13 |
| polling place, and a new voter shall be permitted to
enter the | 14 |
| voting booth.
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| The judge of election who receives the ballot or ballots | 16 |
| from the
voter shall announce the residence and name of such | 17 |
| voter in a loud
voice. The judge shall put the ballot or | 18 |
| ballots received from the voter
into the ballot box in the | 19 |
| presence of the voter and the judges of
election, and in plain | 20 |
| view of the public. The judges having charge of
such registers | 21 |
| shall then, in a column prepared thereon, in the same
line of, | 22 |
| the name of the voter, mark "Voted" or the letter "V".
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| No judge of election shall accept from any voter less than | 24 |
| the full
number of ballots received by such voter without first | 25 |
| advising the
voter in the manner above provided of the | 26 |
| necessity of returning all of
the ballots, nor shall any such |
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| judge advise such voter in a manner
contrary to that which is | 2 |
| herein permitted, or in any other manner
violate the provisions | 3 |
| of this Section; provided, that the acceptance by
a judge of | 4 |
| election of less than the full number of ballots delivered to
a | 5 |
| voter who refuses to return to the voting booth after being | 6 |
| properly
advised by such judge shall not be a violation of this | 7 |
| Section.
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| (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
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| (10 ILCS 5/18-40)
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| Sec. 18-40. Voting
equipment. | 11 |
| (a) If the election authority has adopted the use of | 12 |
| Precinct
Tabulation Optical Scan Technology voting equipment | 13 |
| pursuant to
Article 24B of this Code, and the provisions of the | 14 |
| Article are
in conflict with the provisions of this Article 18, | 15 |
| the
provisions of Article 24B shall govern the procedures | 16 |
| followed by
the election authority, its judges of elections, | 17 |
| and all
employees and agents. In following the provisions of
| 18 |
| Article 24B, the election authority is authorized to develop | 19 |
| and
implement procedures to fully utilize Precinct Tabulation | 20 |
| Optical
Scan Technology voting equipment authorized by the | 21 |
| State Board of
Elections as long as the procedure is not in | 22 |
| conflict with
either Article 24B or the administrative rules of | 23 |
| the State Board
of Elections.
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| (b) Notwithstanding subsection (a), when voting equipment | 25 |
| governed by any Article of this Code is used, the requirements |
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| of Section 18-5 that (i) the voter must be notified of the | 2 |
| voting equipment's acceptance or rejection of the ballot or | 3 |
| identification of an under-vote for a statewide constitutional | 4 |
| office and (ii) the voter shall have the opportunity to correct | 5 |
| an under-vote for a statewide constitutional office or | 6 |
| surrender the ballot that was not accepted and vote another | 7 |
| ballot shall not be modified. The voting equipment shall not | 8 |
| indicate which office the voter under-voted.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/19A-35)
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| Sec. 19A-35. Procedure for voting.
| 12 |
| (a) Not more than 23 days before the start of the election, | 13 |
| the county clerk
shall make available to the election official | 14 |
| conducting early voting by
personal
appearance a sufficient | 15 |
| number of early ballots, envelopes, and printed voting
| 16 |
| instruction slips for the use of early voters. The election | 17 |
| official shall
receipt for all ballots received and shall | 18 |
| return unused or spoiled ballots at
the close of the early | 19 |
| voting period to the county clerk and must strictly
account for | 20 |
| all ballots received. The ballots delivered to the election
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| official must include early ballots for each precinct in the | 22 |
| election
authority's jurisdiction and must include separate | 23 |
| ballots for each political
subdivision conducting an election | 24 |
| of officers or a referendum at that
election.
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| (b) In conducting early voting under this Article, the |
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| election judge or official is
required to verify the signature | 2 |
| of the early voter by comparison with the
signature on the
| 3 |
| official registration card, and the judge or official must | 4 |
| verify (i) the identity
of the applicant, (ii) that the | 5 |
| applicant is a registered voter, (iii) the
precinct in which | 6 |
| the applicant is registered, and (iv) the proper ballots of
the | 7 |
| political subdivision in which the applicant resides and is | 8 |
| entitled to
vote before providing an early ballot to the | 9 |
| applicant.
The applicant's identity must be verified by the | 10 |
| applicant's presentation of an Illinois driver's license, a | 11 |
| non-driver identification card issued by the Illinois | 12 |
| Secretary of State, a photo identification card issued by a | 13 |
| university or college, or another government-issued | 14 |
| identification document containing the applicant's photograph. | 15 |
| The election judge or official
must verify the applicant's | 16 |
| registration from the most recent poll list
provided by the
| 17 |
| election authority, and if the applicant is not listed on that | 18 |
| poll list, by
telephoning the office of the election authority.
| 19 |
| (b-5) A person requesting an early voting ballot to whom an | 20 |
| absentee ballot was issued may vote early if the person submits | 21 |
| that absentee ballot to the judges of election or official | 22 |
| conducting early voting for cancellation. If the voter is | 23 |
| unable to submit the absentee ballot, it shall be sufficient | 24 |
| for the voter to submit to the judges or official (i) a portion | 25 |
| of the absentee ballot if the absentee ballot was torn or | 26 |
| mutilated or (ii) an affidavit executed before the judges or |
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| official specifying that (A) the voter never received an | 2 |
| absentee ballot or (B) the voter completed and returned an | 3 |
| absentee ballot and was informed that the election authority | 4 |
| did not receive that absentee ballot. | 5 |
| (b-10) Within one day after a voter casts an early voting | 6 |
| ballot, the election authority shall transmit the voter's name, | 7 |
| street address, and precinct, ward, township, and district | 8 |
| numbers, as the case may be, to the State Board of Elections, | 9 |
| which shall maintain those names and that information in an | 10 |
| electronic format on its website, arranged by county and | 11 |
| accessible to State and local political committees. | 12 |
| (b-15) Immediately after voting an early ballot, the voter | 13 |
| shall be instructed whether the voting equipment accepted or | 14 |
| rejected the ballot or identified that ballot as under-voted | 15 |
| for a statewide constitutional office. A voter whose ballot is | 16 |
| identified as under-voted may return to the voting booth and | 17 |
| complete the voting of that ballot. A voter whose early voting | 18 |
| ballot is not accepted by the voting equipment may, upon | 19 |
| surrendering the ballot, request and vote another early voting | 20 |
| ballot. The voting equipment shall not indicate which office | 21 |
| the voter under-voted. The voter's surrendered ballot
shall be | 22 |
| initialed by the election judge or official conducting the | 23 |
| early voting and handled as provided in the appropriate
Article | 24 |
| governing the voting equipment used.
| 25 |
| (c) The sealed early ballots in their carrier envelope | 26 |
| shall be delivered by
the election authority to the central |
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| ballot counting location before the close of the
polls on the | 2 |
| day of the election.
| 3 |
| (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| 4 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| 5 |
| Sec. 24-1. The election authority in all jurisdictions when | 6 |
| voting machines
are used shall, except as otherwise provided in | 7 |
| this Code,
provide a voting machine or voting
machines for any | 8 |
| or all of the election precincts or election districts,
as the | 9 |
| case may be, for which the election authority is by law charged | 10 |
| with the
duty of conducting an election or
elections.
A voting | 11 |
| machine or machines sufficient in number to provide a machine | 12 |
| for each
400 voters or fraction thereof shall be supplied for | 13 |
| use at all
elections. However, no such voting machine shall be | 14 |
| used,
purchased, or adopted, and no person or entity may have a | 15 |
| written contract, including a contract contingent upon | 16 |
| certification of the voting machines, to sell, lease, or loan | 17 |
| voting machines to an election authority, until the board of | 18 |
| voting machine commissioners
hereinafter provided for, or a | 19 |
| majority thereof, shall have made and
filed a report certifying | 20 |
| that they have examined such machine; that it
affords each | 21 |
| elector an opportunity to vote in absolute secrecy; that it
| 22 |
| enables
each elector to vote a 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 |
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| 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 without indicating which office the | 17 |
| voter under-voted ; and that such machine will register
| 18 |
| correctly by means of exact counters every vote cast for the | 19 |
| regular
tickets thereon; and has the capacity to contain the | 20 |
| tickets of at least
5 political parties with the names of all | 21 |
| the candidates thereon,
together with all propositions in the | 22 |
| form provided by law, where such
form is prescribed, and where | 23 |
| no such provision is made for the form
thereof, then in brief | 24 |
| form, not to exceed 75 words; that all votes cast
on the | 25 |
| machine on a regular ballot or ballots shall be registered; | 26 |
| that
voters may, by means of irregular ballots or otherwise |
|
|
|
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| vote for any
person for any office, although such person may | 2 |
| not have been nominated
by any party and his name may not | 3 |
| appear on such machine; that when a
vote is cast for any person | 4 |
| for any such office, when his name does not
appear on the | 5 |
| machine, the elector cannot vote for any other name on the
| 6 |
| machine for the same office; that each elector can, | 7 |
| understandingly and
within the period of 4 minutes cast his | 8 |
| vote for all candidates of his
choice; that the machine is so | 9 |
| constructed that the candidates for
presidential electors of | 10 |
| any party can be voted for only by voting for
the ballot label | 11 |
| containing a bracket within which are the names of the
| 12 |
| candidates for President and Vice-President of the party or | 13 |
| group; that
the machine is provided with a lock or locks by the | 14 |
| use of which any
movement of the voting or registering | 15 |
| mechanism is absolutely prevented
so that it cannot be tampered | 16 |
| with or manipulated for any purpose; that
the machine is | 17 |
| susceptible of being closed during the progress of the
voting | 18 |
| so that no person can see or know the number of votes | 19 |
| registered
for any candidate; that each elector is permitted to | 20 |
| vote for or against
any question, proposition or amendment upon | 21 |
| which he is entitled to
vote, and is prevented from voting for | 22 |
| or against any question,
proposition or amendment upon which he | 23 |
| is not entitled to vote; that the
machine is capable of | 24 |
| adjustment by the election authority,
so as to permit
the | 25 |
| elector, at a party primary election, to vote only for the
| 26 |
| candidates seeking nomination by the political party in which |
|
|
|
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LRB096 16016 JAM 37939 a |
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| 1 |
| primary he
is entitled to vote: Provided, also that no such | 2 |
| machine or machines
shall be purchased, unless the party or | 3 |
| parties making the sale shall
guarantee in writing to keep the | 4 |
| machine or machines in good working
order for 5 years without | 5 |
| additional cost and shall give a sufficient
bond conditioned to | 6 |
| that effect.
| 7 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 8 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| 9 |
| Sec. 24A-16. The State Board of Elections shall approve all | 10 |
| voting
systems provided by this Article. | 11 |
| No voting system shall be approved
unless it fulfills the | 12 |
| following requirements:
| 13 |
| (1) It enables a voter to vote in absolute secrecy;
| 14 |
| (2) (Blank);
| 15 |
| (3) It enables a voter to vote a ticket selected in | 16 |
| part from the
nominees of one party, and in part from the | 17 |
| nominees of any or all parties,
and in part from | 18 |
| independent candidates and in part of candidates whose
| 19 |
| names are written in by the voter;
| 20 |
| (4) It enables a voter to vote a written or printed | 21 |
| ticket of his own
selection for any person for any office | 22 |
| for whom he may desire to vote;
| 23 |
| (5) It will reject all votes for an office or upon a | 24 |
| proposition when
the voter has cast more votes for such | 25 |
| office or upon such proposition than
he is entitled to |
|
|
|
09600SB2503sam001 |
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LRB096 16016 JAM 37939 a |
|
| 1 |
| cast;
| 2 |
| (5.5) It will identify when a voter has not voted for | 3 |
| all statewide constitutional offices without indicating | 4 |
| which office the voter under-voted ;
| 5 |
| (6) It will accommodate all propositions to be | 6 |
| submitted to the voters
in the form provided by law or, | 7 |
| where no such form is provided, then in
brief form, not to | 8 |
| exceed 75 words.
| 9 |
| The State Board of Elections shall not approve any voting | 10 |
| equipment or system that includes an external Infrared Data | 11 |
| Association (IrDA) communications port.
| 12 |
| The State Board of Elections is authorized to withdraw its | 13 |
| approval of a
voting system if the system fails to fulfill the | 14 |
| above requirements.
| 15 |
| The vendor, person, or other private entity shall be solely | 16 |
| responsible for the production and cost of: all application | 17 |
| fees; all ballots; additional temporary workers; and other | 18 |
| equipment or facilities needed and used in the testing of the | 19 |
| vendor's, person's, or other private entity's respective | 20 |
| equipment and software.
| 21 |
| Any voting system vendor, person, or other private entity | 22 |
| seeking the State Board of Elections' approval of a voting | 23 |
| system shall, as part of the approval application, submit to | 24 |
| the State Board a non-refundable fee. The State Board of | 25 |
| Elections by rule shall establish an appropriate fee structure, | 26 |
| taking into account the type of voting system approval that is |
|
|
|
09600SB2503sam001 |
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LRB096 16016 JAM 37939 a |
|
| 1 |
| requested (such as approval of a new system, a modification of | 2 |
| an existing system, the size of the modification, etc.). No | 3 |
| voting system or modification of a voting system shall be | 4 |
| approved unless the fee is paid.
| 5 |
| No vendor, person, or other entity may sell, lease, or | 6 |
| loan, or have a written contract, including a contract | 7 |
| contingent upon State Board approval of the voting system or | 8 |
| voting system component, to sell, lease, or loan, a voting
| 9 |
| system or voting system component to any election jurisdiction | 10 |
| unless the
voting system or voting system component is first | 11 |
| approved by the State
Board of Elections pursuant to this | 12 |
| Section.
| 13 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 14 |
| (10 ILCS 5/24B-16)
| 15 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| 16 |
| Technology Voting Systems; Requisites. The State Board of
| 17 |
| Elections shall approve all Precinct Tabulation Optical Scan
| 18 |
| Technology voting systems provided by this Article.
| 19 |
| No Precinct Tabulation Optical Scan Technology voting | 20 |
| system
shall be approved unless it fulfills the following | 21 |
| requirements:
| 22 |
| (a) It enables a voter to vote in absolute secrecy;
| 23 |
| (b) (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 |
|
|
|
09600SB2503sam001 |
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LRB096 16016 JAM 37939 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 without indicating | 13 |
| which office the voter under-voted ; and
| 14 |
| (f) It will accommodate all propositions to be | 15 |
| submitted to
the voters in the form provided by law or, | 16 |
| where no form is
provided, then in brief form, not to | 17 |
| exceed 75 words.
| 18 |
| The State Board of Elections shall not approve any voting | 19 |
| equipment or system that includes an external Infrared Data | 20 |
| Association (IrDA) communications port.
| 21 |
| The State Board of Elections is authorized to withdraw its
| 22 |
| approval of a Precinct Tabulation Optical Scan Technology | 23 |
| voting
system if the system fails to fulfill the above | 24 |
| requirements.
| 25 |
| The vendor, person, or other private entity shall be solely | 26 |
| responsible for the production and cost of: all application |
|
|
|
09600SB2503sam001 |
- 22 - |
LRB096 16016 JAM 37939 a |
|
| 1 |
| fees; all ballots; additional temporary workers; and other | 2 |
| equipment or facilities needed and used in the testing of the | 3 |
| vendor's, person's, or other private entity's respective | 4 |
| equipment and software.
| 5 |
| Any voting system vendor, person, or other private entity | 6 |
| seeking the State Board of Elections' approval of a voting | 7 |
| system shall, as part of the approval application, submit to | 8 |
| the State Board a non-refundable fee. The State Board of | 9 |
| Elections by rule shall establish an appropriate fee structure, | 10 |
| taking into account the type of voting system approval that is | 11 |
| requested (such as approval of a new system, a modification of | 12 |
| an existing system, the size of the modification, etc.). No | 13 |
| voting system or modification of a voting system shall be | 14 |
| approved unless the fee is paid.
| 15 |
| No vendor, person, or other entity may sell, lease, or | 16 |
| loan, or have a written contract, including a contract | 17 |
| contingent upon State Board approval of the voting system or | 18 |
| voting system component, to sell, lease, or loan, a
voting | 19 |
| system or Precinct Tabulation Optical Scan Technology
voting | 20 |
| system component to any election jurisdiction unless the
voting | 21 |
| system or voting system component is first approved by the
| 22 |
| State Board of Elections pursuant to this Section.
| 23 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 24 |
| (10 ILCS 5/24B-20)
| 25 |
| Sec. 24B-20. Voting Defect Identification
Capabilities. |
|
|
|
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LRB096 16016 JAM 37939 a |
|
| 1 |
| An election authority is
required to use the Voting Defect | 2 |
| Identification capabilities of
the
automatic tabulating | 3 |
| equipment when used in-precinct, including both the capability | 4 |
| of identifying an under-vote and the capability of identifying | 5 |
| an over-vote without indicating which office the voter | 6 |
| under-voted .
| 7 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
|
|