Full Text of HB0612 095th General Assembly
HB0612 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0612
Introduced 2/5/2007, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/4-105 |
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10 ILCS 5/5-105 |
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10 ILCS 5/6-105 |
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10 ILCS 5/19-2.1 |
from Ch. 46, par. 19-2.1 |
10 ILCS 5/19-8 |
from Ch. 46, par. 19-8 |
10 ILCS 5/19-10 |
from Ch. 46, par. 19-10 |
10 ILCS 5/19-20 |
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10 ILCS 5/19A-15 |
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10 ILCS 5/24-15 |
from Ch. 46, par. 24-15 |
10 ILCS 5/24A-6 |
from Ch. 46, par. 24A-6 |
10 ILCS 5/24B-6 |
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10 ILCS 5/24C-1 |
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10 ILCS 5/24C-6 |
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10 ILCS 5/24C-13 |
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Amends the Election Code. Eliminates in-person absentee voting, except in the office of a municipal, township, or road district clerk as authorized by an election authority. Extends early voting through the Monday before an election (now, through the 5th day before an election). Removes language permitting pollwatchers in the office of a municipal, township, or road district clerk during absentee voting. Removes language permitting pollwatchers in polling places when absentee ballots are counted (absentee ballots are no longer counted in polling places).
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A BILL FOR
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HB0612 |
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LRB095 03986 JAM 26529 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 4-105, 5-105, 6-105, 19-2.1, 19-8, 19-10, 19-20, | 6 |
| 19A-15, 24-15, 24A-6, 24B-6, 24C-1, 24C-6, and 24C-13 as | 7 |
| follows: | 8 |
| (10 ILCS 5/4-105)
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| Sec. 4-105. First time voting. If a person registered to | 10 |
| vote by mail, the person must vote for the first time in person | 11 |
| and not by an absentee ballot, except that the person may vote | 12 |
| by early voting. The election judge or official is required to | 13 |
| verify the signature of the early voter by comparison of his or | 14 |
| her signature with the signature on the official registration | 15 |
| card, and the judge or official must verify (i) the identity of | 16 |
| the applicant, (ii) that the applicant is a registered voter, | 17 |
| (iii) the precinct in which the applicant is registered, and | 18 |
| (iv) the proper ballots of the political subdivision in which | 19 |
| the applicant resides and that the applicant is entitled to | 20 |
| vote before providing an early ballot to the applicant. The | 21 |
| applicant's identity must be verified by the applicant's | 22 |
| presentation of an Illinois driver's license, a non-driver | 23 |
| identification document containing the applicant's photograph. |
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| The election judge or official must verify the applicant's | 2 |
| registration from the most recent poll list provided by the | 3 |
| election authority, and if the applicant is not listed on that | 4 |
| poll list, by telephoning the office of the election authority.
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| absentee ballot in person if the person first provides the | 6 |
| appropriate election authority with sufficient proof of | 7 |
| identity by the person's driver's license number or State | 8 |
| identification card number or, if the person does not have | 9 |
| either of those, by the last 4 digits of the person's social | 10 |
| security number, a copy of a current and valid photo | 11 |
| identification, or a copy of any of the following current | 12 |
| documents that show the person's name and address: utility | 13 |
| bill, bank statement, paycheck, government check, or other | 14 |
| government document.
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| (Source: P.A. 94-645, eff. 8-22-05.) | 16 |
| (10 ILCS 5/5-105)
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| Sec. 5-105. First time voting. If a person registered to | 18 |
| vote by mail, the person must vote for the first time in person | 19 |
| and not by an absentee ballot, except that the person may vote | 20 |
| by early voting. The election judge or official is required to | 21 |
| verify the signature of the early voter by comparison of his or | 22 |
| her signature with the signature on the official registration | 23 |
| card, and the judge or official must verify (i) the identity of | 24 |
| the applicant, (ii) that the applicant is a registered voter, | 25 |
| (iii) the precinct in which the applicant is registered, and |
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| (iv) the proper ballots of the political subdivision in which | 2 |
| the applicant resides and that the applicant is entitled to | 3 |
| vote before providing an early ballot to the applicant. The | 4 |
| applicant's identity must be verified by the applicant's | 5 |
| presentation of an Illinois driver's license, a non-driver | 6 |
| identification document containing the applicant's photograph. | 7 |
| The election judge or official must verify the applicant's | 8 |
| registration from the most recent poll list provided by the | 9 |
| election authority, and if the applicant is not listed on that | 10 |
| poll list, by telephoning the office of the election authority.
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| absentee ballot in person if the person first provides the | 12 |
| appropriate election authority with sufficient proof of | 13 |
| identity by the person's driver's license number or State | 14 |
| identification card number or, if the person does not have | 15 |
| either of those, by the last 4 digits of the person's social | 16 |
| security number, a copy of a current and valid photo | 17 |
| identification, or a copy of any of the following current | 18 |
| documents that show the person's name and address: utility | 19 |
| bill, bank statement, paycheck, government check, or other | 20 |
| government document.
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| (Source: P.A. 94-645, eff. 8-22-05.) | 22 |
| (10 ILCS 5/6-105)
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| Sec. 6-105. First time voting. If a person registered to | 24 |
| vote by mail, the person must vote for the first time in person | 25 |
| and not by an absentee ballot, except that the person may vote |
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| by early voting. The election judge or official is required to | 2 |
| verify the signature of the early voter by comparison of his or | 3 |
| her signature with the signature on the official registration | 4 |
| card, and the judge or official must verify (i) the identity of | 5 |
| the applicant, (ii) that the applicant is a registered voter, | 6 |
| (iii) the precinct in which the applicant is registered, and | 7 |
| (iv) the proper ballots of the political subdivision in which | 8 |
| the applicant resides and that the applicant is entitled to | 9 |
| vote before providing an early ballot to the applicant. The | 10 |
| applicant's identity must be verified by the applicant's | 11 |
| presentation of an Illinois driver's license, a non-driver | 12 |
| identification document containing the applicant's photograph. | 13 |
| The election judge or official must verify the applicant's | 14 |
| registration from the most recent poll list provided by the | 15 |
| election authority, and if the applicant is not listed on that | 16 |
| poll list, by telephoning the office of the election authority.
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| absentee ballot in person if the person first provides the | 18 |
| appropriate election authority with sufficient proof of | 19 |
| identity by the person's driver's license number or State | 20 |
| identification card number or, if the person does not have | 21 |
| either of those, by the last 4 digits of the person's social | 22 |
| security number, a copy of a current and valid photo | 23 |
| identification, or a copy of any of the following current | 24 |
| documents that show the person's name and address: utility | 25 |
| bill, bank statement, paycheck, government check, or other | 26 |
| government document.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
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| Sec. 19-2.1. At the consolidated primary, general primary,
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| consolidated, and general elections, electors entitled
to vote
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| by absentee ballot under the provisions of Section 19-1
may | 6 |
| vote in person at the office of the municipal clerk, if the | 7 |
| elector
is a resident of a municipality not having a board of | 8 |
| election commissioners,
or at the office of the township clerk | 9 |
| or, in counties not under township
organization, at the office | 10 |
| of the road district clerk if the elector is
not a resident of | 11 |
| a municipality; provided, in each case that the municipal,
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| township or road district clerk, as the case may be, is | 13 |
| authorized to conduct
in-person absentee voting pursuant to | 14 |
| this Section. Absentee voting in such
municipal and township | 15 |
| clerk's offices under this Section shall be
conducted from the | 16 |
| 22nd day through the day before the election.
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| Municipal and township clerks (or road district clerks) who | 18 |
| have regularly
scheduled working hours at regularly designated | 19 |
| offices other than a place
of residence and whose offices are | 20 |
| open for business during the same hours
as the office of the | 21 |
| election authority shall conduct in-person absentee
voting for | 22 |
| said elections. Municipal and township clerks (or road district
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| clerks) who have no regularly scheduled working hours but who | 24 |
| have regularly
designated offices other than a place of | 25 |
| residence shall conduct in-person
absentee voting for said |
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| elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 2 |
| a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 3 |
| Saturdays, but not during such hours as the office of the | 4 |
| election
authority is closed, unless the clerk files a written | 5 |
| waiver with the
election authority not later than July 1 of | 6 |
| each year stating that he or
she is unable to conduct such | 7 |
| voting and the reasons therefor. Such clerks
who conduct | 8 |
| in-person absentee voting may extend their hours for that
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| purpose to include any hours in which the election authority's | 10 |
| office is
open. Municipal and township clerks (or
road district | 11 |
| clerks) who have no regularly scheduled office hours and no
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| regularly designated offices other than a place of residence | 13 |
| may not conduct
in-person absentee voting for said elections. | 14 |
| The election authority may
devise alternative methods for | 15 |
| in-person absentee voting before said elections
for those | 16 |
| precincts located within the territorial area of a municipality
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| or township (or road district) wherein the clerk of such | 18 |
| municipality or
township (or road district) has waived or is | 19 |
| not entitled to conduct such
voting.
In addition, electors may | 20 |
| vote by absentee ballot under the provisions of
Section 19-1 at | 21 |
| the office of the election authority having jurisdiction
over | 22 |
| their residence. Unless specifically authorized by the | 23 |
| election authority, municipal,
township, and road district | 24 |
| clerks shall not conduct in-person absentee
voting. No less | 25 |
| than 45 days
before the date of an election, the election | 26 |
| authority shall notify the
municipal, township, and road |
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| district clerks within its jurisdiction if
they are to conduct | 2 |
| in-person absentee voting. Election authorities, however, may | 3 |
| conduct in-person absentee voting in one or more designated
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| appropriate public buildings from the fourth
day before the | 5 |
| election through
the day before the election.
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| In conducting in-person absentee voting under this | 7 |
| Section, the respective
clerks shall be required to verify the | 8 |
| signature of the absentee
voter by comparison with the | 9 |
| signature on the official registration
record card. The clerk | 10 |
| also shall reasonably ascertain the identity
of such applicant, | 11 |
| shall verify that each such applicant is a registered
voter, | 12 |
| and shall verify the precinct in which he or she is registered
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| and the proper ballots of the political subdivisions in which | 14 |
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applicant resides and is entitled to vote, prior to | 15 |
| providing any
absentee ballot to such applicant. The clerk | 16 |
| shall verify the
applicant's registration and from the most | 17 |
| recent poll list provided by
the county clerk, and if the | 18 |
| applicant is not listed on that poll list
then by telephoning | 19 |
| the office of the county clerk.
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| Absentee voting procedures in the office of the municipal, | 21 |
| township
and road district clerks shall be subject to all of | 22 |
| the applicable
provisions of this Article 19.
Pollwatchers may | 23 |
| be appointed to observe in-person absentee voting
procedures | 24 |
| and view all reasonably requested records relating to the | 25 |
| conduct of the election, provided the secrecy of the ballot is | 26 |
| not impinged, at the office of the municipal, township or road |
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| district
clerks' offices where such absentee voting is | 2 |
| conducted. Such pollwatchers
shall qualify and be appointed in | 3 |
| the same manner as provided in Sections
7-34 and 17-23, except | 4 |
| each candidate, political party or
organization of citizens may | 5 |
| appoint only one pollwatcher for each location
where in-person | 6 |
| absentee voting is conducted. Pollwatchers must
be registered | 7 |
| to vote in Illinois and possess
valid pollwatcher credentials.
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| All requirements in this Article
applicable to election | 9 |
| authorities shall apply to the respective local
clerks, except | 10 |
| where inconsistent with this Section.
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| The sealed absentee ballots in their carrier envelope shall | 12 |
| be
delivered by the respective clerks, or by the election | 13 |
| authority on behalf of
a clerk if the clerk and the election
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| authority agree, to the election authority's central ballot | 15 |
| counting location
before the close of the polls on the day of | 16 |
| the general primary,
consolidated primary, consolidated, or | 17 |
| general election.
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| Not more than 23 days before the general and consolidated
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| elections, the county clerk shall make available to those
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| municipal, township and road district clerks conducting | 21 |
| in-person absentee
voting within such county, a sufficient
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| number of applications, absentee ballots, envelopes, and | 23 |
| printed voting
instruction slips for use by absentee voters in | 24 |
| the offices of such
clerks. The respective clerks shall receipt | 25 |
| for all ballots received,
shall return all unused or spoiled | 26 |
| ballots to the county clerk on the
day of the election and |
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| shall strictly account for all ballots received.
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| The ballots delivered to the respective clerks shall | 3 |
| include absentee
ballots for each precinct in the municipality, | 4 |
| township or road
district, or shall include such separate | 5 |
| ballots for each political
subdivision conducting an election | 6 |
| of officers or a referendum on that
election day as will permit | 7 |
| any resident of the municipality, township
or road district to | 8 |
| vote absentee in the office of the proper clerk.
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| The clerks of all municipalities, townships and road | 10 |
| districts may
distribute applications for absentee ballot for | 11 |
| the use of voters who
wish to mail such applications to the | 12 |
| appropriate election authority.
Such applications for absentee | 13 |
| ballots shall be made on forms provided
by the election | 14 |
| authority. Duplication of such forms by the municipal,
township | 15 |
| or road district clerk is prohibited.
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| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 17 |
| 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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| Sec. 19-8. Time and place of counting ballots. | 20 |
| (a) (Blank.) | 21 |
| (b) Each absent voter's ballot returned to an election | 22 |
| authority, by any means authorized by this Article, and | 23 |
| received by that election authority before the closing of the | 24 |
| polls on election day shall be endorsed by the receiving | 25 |
| election authority with the day and hour of receipt and shall |
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| be counted in the central ballot counting location of the | 2 |
| election authority on the day of the election after 7:00 p.m., | 3 |
| except as provided in subsections (g) and (g-5).
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| (c) Each absent voter's ballot that is mailed to an | 5 |
| election authority and postmarked by the midnight preceding the | 6 |
| opening of the polls on election day, but that is received by | 7 |
| the election authority after the polls close on election day | 8 |
| and before the close of the period for counting provisional | 9 |
| ballots cast at that election, shall be endorsed by the | 10 |
| receiving authority with the day and hour of receipt and shall | 11 |
| be counted at the central ballot counting location of the | 12 |
| election authority during the period for counting provisional | 13 |
| ballots. | 14 |
| (d) Special write-in absentee voter's blank ballots | 15 |
| returned to an election authority, by any means authorized by | 16 |
| this Article, and received by the election authority at any | 17 |
| time before the closing of the polls on election day shall be | 18 |
| endorsed by the receiving election authority with the day and | 19 |
| hour of receipt and shall be counted at the central ballot | 20 |
| counting location of the election authority during the same | 21 |
| period provided for counting absent voters' ballots under | 22 |
| subsections (b), (g), and (g-5). Special write-in absentee | 23 |
| voter's blank ballots that are mailed to an election authority | 24 |
| and postmarked by the midnight preceding the opening of the | 25 |
| polls on election day, but that are received by the election | 26 |
| authority after the polls close on election day and before the |
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| closing of the period for counting provisional ballots cast at | 2 |
| that election, shall be endorsed by the receiving authority | 3 |
| with the day and hour of receipt and shall be counted at the | 4 |
| central ballot counting location of the election authority | 5 |
| during the same periods provided for counting absent voters' | 6 |
| ballots under subsection (c). | 7 |
| (e) Except as otherwise provided in this Section, absent | 8 |
| voters' ballots and special write-in absentee voter's blank | 9 |
| ballots received by the election authority after the closing of | 10 |
| the polls on an
election day shall be endorsed by the election | 11 |
| authority receiving them
with the day and hour of receipt and | 12 |
| shall be safely kept unopened by the
election authority for the | 13 |
| period of time required for the preservation of
ballots used at | 14 |
| the election, and shall then, without being opened, be
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| destroyed in like manner as the used ballots of that election.
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| (f) Counting required under this Section to begin on | 17 |
| election day after the closing of the polls shall commence no | 18 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 19 |
| panels of election judges appointed in the manner provided
by | 20 |
| law. The counting shall continue until all absent voters' | 21 |
| ballots and special write-in absentee voter's blank ballots | 22 |
| required to be counted on election day have been counted.
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| (g) The procedures set forth in Articles 17 and
18 of this | 24 |
| Code shall apply to all ballots counted under
this Section. In | 25 |
| addition, within 2 days after an absentee ballot, other than an | 26 |
| in-person absentee ballot, is received, but in all cases before |
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| the close of the period for counting provisional ballots, the | 2 |
| election judge or official shall compare the voter's signature | 3 |
| on the certification envelope of that absentee ballot with the | 4 |
| signature of the voter on file in the office of the election | 5 |
| authority. If the election judge or official determines that | 6 |
| the 2 signatures match, and that the absentee voter is | 7 |
| otherwise qualified to cast an absentee ballot, the election | 8 |
| authority shall cast and count the ballot on election day or | 9 |
| the day the ballot is determined to be valid, whichever is | 10 |
| later, adding the results to the precinct in which the voter is | 11 |
| registered. If the election judge or official determines that | 12 |
| the signatures do not match, or that the absentee voter is not | 13 |
| qualified to cast an absentee ballot, then without opening the | 14 |
| certification envelope, the judge or official shall mark across | 15 |
| the face of the certification envelope the word "Rejected" and | 16 |
| shall not cast or count the ballot. | 17 |
| In addition to the voter's signatures not matching, an | 18 |
| absentee ballot may be rejected by the election judge or | 19 |
| official: | 20 |
| (1) if the ballot envelope is open or has been opened | 21 |
| and resealed; | 22 |
| (2) if the voter has already cast an early or grace | 23 |
| period ballot; | 24 |
| (3) if the voter voted in person on election day or the | 25 |
| voter is not a duly registered voter in the precinct; or | 26 |
| (4) on any other basis set forth in this Code. |
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| If the election judge or official determines that any of | 2 |
| these reasons apply, the judge or official shall mark across | 3 |
| the face of the certification envelope the word "Rejected" and | 4 |
| shall not cast or count the ballot.
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| (g-5) If an absentee ballot , other than an in-person | 6 |
| absentee ballot, is rejected by the election judge or official | 7 |
| for any reason, the election authority shall, within 2 days | 8 |
| after the rejection but in all cases before the close of the | 9 |
| period for counting provisional ballots, notify the absentee | 10 |
| voter that his or her ballot was rejected. The notice shall | 11 |
| inform the voter of the reason or reasons the ballot was | 12 |
| rejected and shall state that the voter may appear before the | 13 |
| election authority, on or before the 14th day after the | 14 |
| election, to show cause as to why the ballot should not be | 15 |
| rejected. The voter may present evidence to the election | 16 |
| authority supporting his or her contention that the ballot | 17 |
| should be counted. The election authority shall appoint a panel | 18 |
| of 3 election judges to review the contested ballot, | 19 |
| application, and certification envelope, as well as any | 20 |
| evidence submitted by the absentee voter. No more than 2 | 21 |
| election judges on the reviewing panel shall be of the same | 22 |
| political party. The reviewing panel of election judges shall | 23 |
| make a final determination as to the validity of the contested | 24 |
| absentee ballot. The judges' determination shall not be | 25 |
| reviewable either administratively or judicially. | 26 |
| An absentee ballot subject to this subsection that is |
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| determined to be valid shall be counted before the close of the | 2 |
| period for counting provisional ballots.
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| (g-10) All absentee ballots determined to be valid shall be | 4 |
| added to the vote totals for the precincts for which they were | 5 |
| cast in the order in which the ballots were opened.
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| (h) Each political party, candidate, and qualified civic | 7 |
| organization shall be entitled to have present one pollwatcher | 8 |
| for each panel of election judges therein assigned.
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| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
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| (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
| 11 |
| Sec. 19-10. Pollwatchers may be appointed to observe | 12 |
| in-person absentee
voting procedures and view all reasonably | 13 |
| requested records relating to the conduct of the election, | 14 |
| provided the secrecy of the ballot is not impinged , at the | 15 |
| office of the election authority as well as at
municipal, | 16 |
| township or road district clerks' offices where such absentee
| 17 |
| voting is conducted. Such pollwatchers shall qualify and be | 18 |
| appointed in
the same manner as provided in Sections 7-34 and | 19 |
| 17-23, except each
candidate, political party or organization | 20 |
| of citizens may appoint only one
pollwatcher for each location | 21 |
| where in-person absentee voting is conducted .
Pollwatchers | 22 |
| must be registered to vote in Illinois and possess valid
| 23 |
| pollwatcher credentials.
| 24 |
| In the polling place on election day, pollwatchers shall be | 25 |
| permitted
to be present during the casting of the absent |
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| voters' ballots and the vote
of any absent voter may be | 2 |
| challenged for cause the same as if he were
present and voted | 3 |
| in person, and the judges of the election or a majority
thereof | 4 |
| shall have power and authority to hear and determine the | 5 |
| legality
of such ballot; Provided, however, that if a challenge | 6 |
| to any absent
voter's right to vote is sustained, notice of the | 7 |
| same must be given by the
judges of election by mail addressed | 8 |
| to the voter's place of residence.
| 9 |
| Where certain absent voters' ballots are counted on the | 10 |
| night
day of the election
in the office of the election | 11 |
| authority as provided in Section 19-8 of this
Act, each | 12 |
| political party, candidate and qualified civic organization | 13 |
| shall
be entitled to have present one pollwatcher for each | 14 |
| panel of election judges
therein assigned. Such pollwatchers | 15 |
| shall be subject to the same provisions
as are provided for | 16 |
| pollwatchers in Sections 7-34 and 17-23 of this Code,
and shall | 17 |
| be permitted to observe the election judges making the | 18 |
| signature
comparison between that which is on the ballot | 19 |
| envelope and that which is
on the permanent voter registration | 20 |
| record card taken from the master file.
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| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| 22 |
| (10 ILCS 5/19-20)
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| Sec. 19-20. Report on absentee ballots. This Section | 24 |
| applies to absentee ballots other than in-person absentee | 25 |
| ballots. |
|
|
|
HB0612 |
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LRB095 03986 JAM 26529 b |
|
| 1 |
| On or before the 21st day after an election, each election | 2 |
| authority shall transmit to the State Board of Elections the | 3 |
| following information with respect to that election: | 4 |
| (1) The number, by precinct, of absentee ballots | 5 |
| requested, provided, and counted. | 6 |
| (2) The number of rejected absentee ballots. | 7 |
| (3) The number of voters seeking review of rejected | 8 |
| absentee ballots pursuant to subsection (g-5) of Section | 9 |
| 19-8. | 10 |
| (4) The number of absentee ballots counted following | 11 |
| review pursuant to subsection (g-5) of Section 19-8. | 12 |
| On or before the 28th day after an election, the State Board of | 13 |
| Elections shall compile the information received under this | 14 |
| Section with respect to that election and make that information | 15 |
| available to the public.
| 16 |
| (Source: P.A. 94-1000, eff. 7-3-06.) | 17 |
| (10 ILCS 5/19A-15)
| 18 |
| Sec. 19A-15. Period for early voting; hours.
| 19 |
| (a) The period for early voting by personal appearance | 20 |
| begins the 22nd day preceding a general primary, consolidated | 21 |
| primary, consolidated, or
general election and extends through | 22 |
| the Monday
5th day before election day.
| 23 |
| (b) A permanent polling place for early voting must remain | 24 |
| open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | 25 |
| to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on |
|
|
|
HB0612 |
- 17 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| Saturdays, Sundays, and holidays.
| 2 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 3 |
| (10 ILCS 5/24-15) (from Ch. 46, par. 24-15)
| 4 |
| Sec. 24-15. As soon as the polls are closed, the voting | 5 |
| machine or machines
shall be locked in order to prevent further | 6 |
| voting and each machine shall
be sealed against voting and | 7 |
| tampering, with a numbered metal seal, and the
number of such | 8 |
| metal seal shall be recorded at once on the certificate
| 9 |
| provided for that purpose, and the number on the protective | 10 |
| counter of each
voting machine shall also be recorded on the | 11 |
| certificate in the space
provided for that purpose, and the | 12 |
| number on the public counter shall be
recorded in the space | 13 |
| provided for that purpose. The counting compartment
shall then | 14 |
| be opened in the presence of all the precinct election | 15 |
| officials
and all watchers and other persons who may be | 16 |
| lawfully within the room,
giving full view of the numbers | 17 |
| announcing the votes cast for each
candidate, and the vote for | 18 |
| and against each of the questions or other
propositions. | 19 |
| Provided, however, when a machine is equipped with a device
| 20 |
| which will automatically record the number on the registering | 21 |
| columns for
each candidate, question or proposition on the back | 22 |
| of the machine to a
paper recording sheet then the recording | 23 |
| sheet shall be removed and the
vote cast shall be announced | 24 |
| from the recording sheet for each candidate
and the vote for | 25 |
| and against each question or proposition. When voting
machines |
|
|
|
HB0612 |
- 18 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| are used in an election precinct, the watchers provided by law | 2 |
| to
be present in the polling place on election day shall be | 3 |
| permitted to make
a record of the number on the metal seal with | 4 |
| which each voting machine is
sealed, and to also record the | 5 |
| number shown on the protective counter of
each voting machine, | 6 |
| and such watchers shall also be permitted to examine
the | 7 |
| counters of the voting machines as the totals are being | 8 |
| announced for
transcription to the return sheets or from the | 9 |
| recording sheets and also to
examine the return sheets or the | 10 |
| recording sheets as the totals are being
recorded or checked | 11 |
| thereon. In voting machine precincts where the voting
machine | 12 |
| is not equipped with the automatic recording sheet the officer,
| 13 |
| officers board or boards charged by law to furnish the ballot | 14 |
| labels for
the voting machines shall also furnish for each | 15 |
| election precinct in which
a voting machine is to be used, at | 16 |
| least two duplicate return sheets which
shall be used by the | 17 |
| precinct election board of such election precinct for
recording | 18 |
| the results of the election. Such return sheets shall be | 19 |
| printed
in the form of a diagram exactly corresponding, in | 20 |
| arrangement, with the
face of the voting machine, and such | 21 |
| return sheets shall also correspond,
in as far as arrangement | 22 |
| is concerned, with the sample ballots, and each
return sheet | 23 |
| shall provide printed instructions for the exact procedure
| 24 |
| which the precinct election board shall follow when making the | 25 |
| canvass of
the results of the election, and such return sheets | 26 |
| shall also provide the
office titles, party names, candidates' |
|
|
|
HB0612 |
- 19 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| names and code letters and number,
arranged in the same manner | 2 |
| as on the ballot labels, and there shall be
provided a space | 3 |
| for inserting the serial number of each voting machine, so
that | 4 |
| the totals recorded from each voting machine may be identified | 5 |
| as
being from a certain voting machine, and there shall be | 6 |
| provided a space
for recording such separate total for each | 7 |
| candidate and constitutional
amendment, or other question or | 8 |
| proposition, from each separate voting
machine, and a space for | 9 |
| recording the total of the mail and absentee votes
vote
in the | 10 |
| same manner, so that the final total for each candidate,
| 11 |
| constitutional amendment, question or other proposition, may | 12 |
| be totaled by
adding all the figures in a column. Totals on the | 13 |
| return sheets shall be
recorded in figures only, in ink. The | 14 |
| same authorities shall also furnish
to each such election | 15 |
| precinct suitable printed forms for use by the
precinct | 16 |
| election board, in making out the certificates provided for in
| 17 |
| this Article. Such certificates shall be made a part of the | 18 |
| return sheets
if practicable, or may be on separate sheets.
| 19 |
| (Source: Laws 1961, p. 2492.)
| 20 |
| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
| 21 |
| Sec. 24A-6. The ballot information, whether placed on the | 22 |
| ballot or
on the marking device, shall, as far as practicable, | 23 |
| be in the order of
arrangement provided for paper ballots, | 24 |
| except that such information may
be in vertical or horizontal | 25 |
| rows, or in a number of separate pages.
Ballots for all |
|
|
|
HB0612 |
- 20 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| questions or propositions to be voted on must be
provided in | 2 |
| the same manner and must be arranged on or in the marking
| 3 |
| device or on the ballot sheet in the places provided for such | 4 |
| purposes.
| 5 |
| When an electronic voting system utilizes a ballot label | 6 |
| booklet and
ballot card, ballots for candidates, ballots | 7 |
| calling for a
constitutional convention, constitutional | 8 |
| amendment ballots, judicial
retention ballots, public | 9 |
| measures, and all propositions to be voted
upon may be placed | 10 |
| on the electronic voting device by providing in the
ballot | 11 |
| booklet separate ballot label pages or series of pages
| 12 |
| distinguished by differing colors as provided below. When an | 13 |
| electronic
voting system utilizes a ballot sheet, ballots | 14 |
| calling for a constitutional
convention, constitutional | 15 |
| amendment ballots and judicial retention ballots
shall be | 16 |
| placed on the ballot sheet by providing a separate portion of | 17 |
| the
ballot sheet for each such kind of ballot which shall be | 18 |
| printed in ink
of a color distinct from the color of ink used | 19 |
| in printing any other portion
of the ballot sheet. Ballots for | 20 |
| candidates, public measures and all other
propositions to be | 21 |
| voted upon shall be placed on the ballot sheet by providing
a | 22 |
| separate portion of the ballot sheet for each such kind of | 23 |
| ballot. Below
the name of the last candidate listed for an | 24 |
| office shall be printed a line
on which the name of a candidate | 25 |
| may be written by the voter, and immediately
to the left of | 26 |
| such line an area shall be provided for marking a vote for
such |
|
|
|
HB0612 |
- 21 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| write-in candidate. More than one amendment to the constitution | 2 |
| may
be placed on the same ballot page or series of pages or on | 3 |
| the same portion
of the ballot sheet, as the case may be. | 4 |
| Ballot label pages for
constitutional conventions or | 5 |
| constitutional amendments shall be on paper
of blue color and | 6 |
| shall precede all other ballot label pages in the ballot
label | 7 |
| booklet. More than one public measure or proposition may be | 8 |
| placed
on the same ballot label page or series of pages or on | 9 |
| the same portion of
the ballot sheet, as the case may be. More | 10 |
| than one proposition for
retention of judges in office may be | 11 |
| placed on the same ballot label page
or series of pages or on | 12 |
| the same portion of the ballot sheet, as the case
may be. | 13 |
| Ballot label pages for candidates shall be on paper of white
| 14 |
| color, except that in primary elections the ballot label page | 15 |
| or pages for
the candidates of each respective political party | 16 |
| shall be of the color
designated by the election official in | 17 |
| charge of the election for that
political party's candidates; | 18 |
| provided that the ballot label pages or pages
for candidates | 19 |
| for use at the nonpartisan and consolidated elections may be
on | 20 |
| paper of different colors, except blue, whenever necessary or | 21 |
| desirable
to facilitate distinguishing between the pages for | 22 |
| different political
subdivisions. On each page
of
the candidate | 23 |
| booklet, where the election is made to list ballot
information | 24 |
| vertically, the party affiliation of each candidate or the word
| 25 |
| "independent" shall appear immediately to the left of the | 26 |
| candidate's
name, and the name of candidates for the same |
|
|
|
HB0612 |
- 22 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| office shall be listed
vertically under the title of that | 2 |
| office. In the case of nonpartisan
elections for officers of | 3 |
| political subdivisions, unless the statute or
an ordinance | 4 |
| adopted pursuant to Article VII of the Constitution
requires | 5 |
| otherwise, the listing of such nonpartisan candidates shall not
| 6 |
| include any party or "independent" designation. Ballot label | 7 |
| pages for
judicial retention ballots shall be on paper of green | 8 |
| color, and ballot
label pages for all public measures and other | 9 |
| propositions shall be on
paper of some other distinct and | 10 |
| different color. In primary elections,
a separate ballot label | 11 |
| booklet, marking device and voting booth shall
be used for each | 12 |
| political party holding a primary, with the ballot
label | 13 |
| booklet arranged to include ballot label pages of the | 14 |
| candidates
of the party and public measures and other | 15 |
| propositions to be voted upon
on the day of the primary | 16 |
| election. One ballot card may be used for
recording the voter's | 17 |
| vote or choice on all such ballots, proposals,
public measures | 18 |
| or propositions, and such ballot card shall be arranged
so as | 19 |
| to record the voter's vote or choice in a separate column or
| 20 |
| columns for each such kind of ballot, proposal, public measure | 21 |
| or
proposition.
| 22 |
| If the ballot label booklet includes both candidates for | 23 |
| office and
public measures or propositions to be voted on, the | 24 |
| election official in
charge of the election shall divide the | 25 |
| pages by protruding tabs
identifying the division of the pages, | 26 |
| and printing on such tabs
"Candidates" and "Propositions".
|
|
|
|
HB0612 |
- 23 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| The ballot card and all of its columns and the ballot card | 2 |
| envelope
shall be of the color prescribed for candidate's | 3 |
| ballots at the general
or primary election, whichever is being | 4 |
| held. At an election where no
candidates are being nominated or | 5 |
| elected, the ballot card, its columns,
and the ballot card | 6 |
| envelope shall be of a color designated by the election
| 7 |
| official in charge of the election.
| 8 |
| The ballot cards, ballot card envelopes and ballot sheets | 9 |
| may, at the
discretion of the election authority, be printed on | 10 |
| white paper and then
striped with the appropriate colors.
| 11 |
| When ballot sheets are used, the various portions thereof | 12 |
| shall be arranged
to conform to the foregoing format.
| 13 |
| Absentee ballots may consist of ballot cards, envelopes, | 14 |
| paper ballots
or ballot sheets voted in person in the office of | 15 |
| the election official in
charge of the election or voted by | 16 |
| mail. Where a ballot card is used for
voting by mail it must be | 17 |
| accompanied by a punching tool or other
appropriate marking | 18 |
| device, voter instructions and a specimen ballot
showing the | 19 |
| proper positions to vote on the ballot card or ballot sheet for
| 20 |
| each party, candidate, proposal, public measure or | 21 |
| proposition, and in the
case of a ballot card must be mounted | 22 |
| on a suitable material to receive the
punched out chip.
| 23 |
| Any voter who spoils his ballot or makes an error may | 24 |
| return the
ballot to the judges of election and secure another. | 25 |
| However, the
protruding identifying tab for proposals for a | 26 |
| constitutional convention
or constitutional amendments shall |
|
|
|
HB0612 |
- 24 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| have printed thereon "Constitutional
Ballot", and the ballot | 2 |
| label page or pages for such proposals shall
precede the ballot | 3 |
| label pages for candidates in the ballot label
booklet.
| 4 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 5 |
| (10 ILCS 5/24B-6)
| 6 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 7 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 8 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 9 |
| shall, as far
as practicable, be in the order of arrangement | 10 |
| provided for paper
ballots, except that the information may be | 11 |
| in vertical or
horizontal rows, or on a number of separate | 12 |
| pages or displays on the marking
device. Ballots for
all | 13 |
| questions or propositions to be voted on should be provided
in | 14 |
| a similar manner and must be arranged on the ballot sheet or | 15 |
| marking
device in
the places provided for such purposes. | 16 |
| Ballots shall be of white
paper unless provided otherwise by | 17 |
| administrative rule of the State Board of
Elections or | 18 |
| otherwise specified.
| 19 |
| All propositions, including but not limited to | 20 |
| propositions
calling for a constitutional convention, | 21 |
| constitutional
amendment, judicial retention, and public | 22 |
| measures to be voted
upon shall be placed on separate portions | 23 |
| of the ballot sheet or marking
device by
utilizing borders or | 24 |
| grey screens. Candidates shall be listed on
a separate portion | 25 |
| of the ballot sheet or marking device by utilizing
borders or
|
|
|
|
HB0612 |
- 25 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| grey screens. Below the name of the last candidate listed for | 2 |
| an
office shall be printed or displayed a line or lines on | 3 |
| which the voter
may select a
write-in candidate. Such line or | 4 |
| lines shall be proximate to an area provided for marking
votes | 5 |
| for the write-in candidate or
candidates. The number of | 6 |
| write-in lines for an office shall equal the number
of | 7 |
| candidates
for which a voter may vote. More than one amendment | 8 |
| to the constitution may be
placed on the
same portion of the | 9 |
| ballot sheet or marking device.
Constitutional convention or | 10 |
| constitutional amendment
propositions shall be printed or | 11 |
| displayed on a separate portion of the
ballot
sheet or marking | 12 |
| device and designated by borders or grey screens, unless
| 13 |
| otherwise
provided by administrative rule of the State Board of | 14 |
| Elections.
More than one public measure or proposition may be | 15 |
| placed on the
same portion of the ballot sheet or marking | 16 |
| device. More than
one proposition for retention of judges in | 17 |
| office may be placed
on the same portion of the ballot sheet or | 18 |
| marking device.
Names of candidates shall be printed in black. | 19 |
| The party
affiliation of each candidate or the word | 20 |
| "independent" shall
appear near or under the candidate's name, | 21 |
| and the names of
candidates for the same office shall be listed | 22 |
| vertically under
the title of that office, on separate pages of | 23 |
| the marking device, or as
otherwise approved by the State Board | 24 |
| of Elections. In the case of
nonpartisan elections
for officers | 25 |
| of political subdivisions, unless the statute or an
ordinance | 26 |
| adopted pursuant to Article VII of the Constitution
requires |
|
|
|
HB0612 |
- 26 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| otherwise, the listing of nonpartisan candidates
shall not | 2 |
| include any party or "independent" designation.
Judicial | 3 |
| retention
questions and ballot questions for all public | 4 |
| measures and other propositions
shall be designated by borders | 5 |
| or grey screens on the ballot or marking
device.
In primary
| 6 |
| elections, a separate ballot, or displays on the marking | 7 |
| device, shall be
used for each political
party holding a | 8 |
| primary, with the ballot or marking device arranged to
include
| 9 |
| names of the candidates of the party and public measures and
| 10 |
| other propositions to be voted upon on the day of the primary
| 11 |
| election.
| 12 |
| If the ballot includes both candidates for office and | 13 |
| public
measures or propositions to be voted on, the election | 14 |
| official in
charge of the election shall divide the ballot or | 15 |
| displays on the marking
device in sections for
"Candidates" and | 16 |
| "Propositions", or separate ballots may be used.
| 17 |
| Absentee ballots may consist of envelopes, paper ballots or
| 18 |
| ballot sheets voted in person in the office of the election
| 19 |
| official in charge of the election or voted by mail. Where a
| 20 |
| Precinct Tabulation Optical Scan Technology ballot is used for
| 21 |
| voting by mail it must be accompanied by voter instructions.
| 22 |
| Any voter who spoils his or her ballot, makes an error, or | 23 |
| has a ballot
returned by the automatic tabulating equipment may | 24 |
| return
the ballot to the judges of election and get another | 25 |
| ballot.
| 26 |
| (Source: P.A. 93-574, eff. 8-21-03.)
|
|
|
|
HB0612 |
- 27 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| (10 ILCS 5/24C-1)
| 2 |
| Sec. 24C-1. Purpose. The purpose of this Article is to
| 3 |
| authorize the use of Direct Recording Electronic Voting Systems
| 4 |
| approved by the State Board of Elections. In a Direct Recording
| 5 |
| Electronic Voting System, voters cast votes by means of a | 6 |
| ballot
display provided with mechanical or electro-optical | 7 |
| devices that
can be activated by the voters to mark their | 8 |
| choices for the
candidates of their preference and for or | 9 |
| against public
questions. Such voting devices shall be capable | 10 |
| of
instantaneously recording such votes, storing such votes,
| 11 |
| producing a permanent paper record and tabulating such votes at
| 12 |
| the precinct or at one or more counting stations. This Article
| 13 |
| authorizes the use of Direct Recording Electronic Voting | 14 |
| Systems
for in-precinct counting applications and for | 15 |
| in-person absentee
voting in the office of the election | 16 |
| authority and in the
offices of local officials authorized by | 17 |
| the election authority
to conduct such absentee voting. All | 18 |
| other absentee ballots
must be counted at the office of the | 19 |
| election authority.
| 20 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 21 |
| (10 ILCS 5/24C-6)
| 22 |
| Sec. 24C-6. Ballot Information; Arrangement; Direct
| 23 |
| Recording Electronic Voting System; Absentee Ballots; Spoiled
| 24 |
| Ballots. The ballot information, shall, as far as practicable,
|
|
|
|
HB0612 |
- 28 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| be in the order of arrangement provided for paper ballots,
| 2 |
| except that the information may be in vertical or horizontal
| 3 |
| rows, or on a number of separate pages or display screens.
| 4 |
| Ballots for all public questions to be voted on should be
| 5 |
| provided in a similar manner and must be arranged on the ballot
| 6 |
| in the places provided for such purposes. All public questions,
| 7 |
| including but not limited to public questions calling for a
| 8 |
| constitutional convention, constitutional amendment, or | 9 |
| judicial
retention, shall be placed on the ballot separate and | 10 |
| apart from
candidates. Ballots for all public questions shall | 11 |
| be clearly
designated by borders or different color screens. | 12 |
| More than one
amendment to the constitution may be placed on | 13 |
| the same portion
of the ballot sheet. Constitutional convention | 14 |
| or
constitutional amendment propositions shall be placed on a
| 15 |
| separate portion of the ballot and designated by borders or
| 16 |
| unique color screens, unless otherwise provided by
| 17 |
| administrative rule of the State Board of Elections. More than
| 18 |
| one public question may be placed on the same portion of the
| 19 |
| ballot. More than one proposition for retention of judges in
| 20 |
| office may be placed on the same portion of the ballot.
| 21 |
| The party affiliation, if any, of each candidate or the
| 22 |
| word "independent", where applicable, shall appear near or | 23 |
| under
the candidate's name, and the names of candidates for the | 24 |
| same
office shall be listed vertically under the title of that
| 25 |
| office. In the case of nonpartisan elections for officers of
| 26 |
| political subdivisions, unless the statute or an ordinance
|
|
|
|
HB0612 |
- 29 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| adopted pursuant to Article VII of the Constitution requires
| 2 |
| otherwise, the listing of nonpartisan candidates shall not
| 3 |
| include any party or "independent" designation. In primary
| 4 |
| elections, a separate ballot shall be used for each political
| 5 |
| party holding a primary, with the ballot arranged to include
| 6 |
| names of the candidates of the party and public questions and
| 7 |
| other propositions to be voted upon on the day of the primary
| 8 |
| election.
| 9 |
| If the ballot includes both candidates for office and
| 10 |
| public questions or propositions to be voted on, the election
| 11 |
| official in charge of the election shall divide the ballot in
| 12 |
| sections for "Candidates" and "Public Questions", or separate
| 13 |
| ballots may be used.
| 14 |
| Any voter who spoils his or her ballot, makes an error, or
| 15 |
| has a ballot rejected by the automatic tabulating equipment
| 16 |
| shall be provided a means of correcting the ballot or obtaining
| 17 |
| a new ballot prior to casting his or her ballot.
| 18 |
| Any election authority using a Direct Recording Electronic
| 19 |
| Voting System may use voting systems approved for use under
| 20 |
| Articles 24A or 24B of this Code in conducting absentee voting
| 21 |
| in the office of the election authority or voted by mail.
| 22 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 23 |
| (10 ILCS 5/24C-13)
| 24 |
| Sec. 24C-13. Absentee ballots; Early voting ballots; | 25 |
| Proceedings at Location for
Central Counting; Employees; |
|
|
|
HB0612 |
- 30 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| Approval of List.
| 2 |
| (a) All jurisdictions using Direct Recording Electronic
| 3 |
| Voting Systems shall use paper ballots or paper ballot sheets
| 4 |
| approved for use under Articles 16, 24A or 24B of this Code | 5 |
| when
conducting absentee voting except that Direct Recording
| 6 |
| Electronic Voting Systems may be used for in-person absentee
| 7 |
| voting conducted pursuant to Section 19-2.1 of this Code . All
| 8 |
| absentee ballots shall be counted at the central ballot | 9 |
| counting location of the election
authority. The provisions of | 10 |
| Section 24A-9, 24B-9 and 24C-9 of
this Code shall apply to the | 11 |
| testing and notice requirements for
central count tabulation | 12 |
| equipment, including comparing the
signature on the ballot | 13 |
| envelope with the signature of the voter
on the permanent voter | 14 |
| registration record card taken from the
master file. Vote | 15 |
| results shall be recorded by precinct and shall
be added to the | 16 |
| vote results for the precinct in which the
absent voter was | 17 |
| eligible to vote prior to completion of the
official canvass.
| 18 |
| (b) All proceedings at the location for central counting
| 19 |
| shall be under the direction of the county clerk or board of
| 20 |
| election commissioners. Except for any specially trained
| 21 |
| technicians required for the operation of the Direct Recording
| 22 |
| Electronic Voting System, the employees at the counting station
| 23 |
| shall be equally divided between members of the 2 leading
| 24 |
| political parties and all duties performed by the employees
| 25 |
| shall be by teams consisting of an equal number of members of
| 26 |
| each political party. Thirty days before an election the county
|
|
|
|
HB0612 |
- 31 - |
LRB095 03986 JAM 26529 b |
|
| 1 |
| clerk or board of election commissioners shall submit to the
| 2 |
| chairman of each political party, for his or her approval or
| 3 |
| disapproval, a list of persons of his or her party proposed to
| 4 |
| be employed. If a chairman fails to notify the election
| 5 |
| authority of his or her disapproval of any proposed employee
| 6 |
| within a period of 10 days thereafter the list shall be deemed
| 7 |
| approved.
| 8 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 9 |
| 94-1000, eff. 7-3-06.)
|
|