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90_SB0470
10 ILCS 5/16-4.1 from Ch. 46, par. 16-4.1
10 ILCS 5/17-11 from Ch. 46, par. 17-11
10 ILCS 5/17-19.3 new
10 ILCS 5/17-21 from Ch. 46, par. 17-21
10 ILCS 5/18-9 from Ch. 46, par. 18-9
10 ILCS 5/22-15.1 from Ch. 46, par. 22-15.1
10 ILCS 5/24-1 from Ch. 46, par. 24-1
10 ILCS 5/24A-5.1 from Ch. 46, par. 24A-5.1
10 ILCS 5/24A-6 from Ch. 46, par. 24A-6
10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
10 ILCS 5/24A-16 from Ch. 46, par. 24A-16
10 ILCS 5/24B-5.1
10 ILCS 5/24B-6
10 ILCS 5/24B-15
10 ILCS 5/24B-16
10 ILCS 5/1-7 rep.
Amends the Election Code to allow straight party voting
in Illinois. Effective January 1, 1999.
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1 AN ACT to amend the Election Code by changing Sections
2 16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1, 24A-1, 24A-5.1,
3 24A-6, 24A-15, 24A-16, 24B-5.1, 24B-6, 24B-15 and 24B-16,
4 adding Section 17-19.3, and repealing Section 1-7.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Election Code is amended by changing
8 Sections 16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1, 24A-5.1,
9 24A-6, 24A-15, 24A-16, 24B-5.1, 24B-6, 24B-15, and 24B-16 and
10 adding Section 17-19.3 as follows:
11 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
12 Sec. 16-4.1. Ballots - Form - Nonpartisan and
13 Consolidated Elections. This Section shall apply only to the
14 nonpartisan election, the consolidated primary election, and
15 the consolidated election, except as otherwise expressly
16 provided herein.
17 The ballot for the nomination or election of officers of
18 each political subdivision shall be considered a separate
19 ballot, and candidates for such offices shall be grouped
20 together. Where paper ballots are used, the names of
21 candidates for nomination or election to more than one
22 political subdivision may be contained on a common ballot,
23 provided that such ballot clearly indicates and separates
24 each political subdivision from which such officers are to be
25 nominated or elected. In the case of partisan elections of
26 officers, a separate party circle shall be included at the
27 head of the portion of the ballot for each political
28 subdivision for which candidates of political parties have
29 been nominated. When an electronic voting system is used
30 which utilizes a ballot label booklet, the party circles for
31 straight party voting shall be on the same ballot page on
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1 which are listed the candidates for the political subdivision
2 election for which that party circle applies.
3 At the nonpartisan election, the ballot for school
4 district offices shall precede the ballot for community
5 college district offices, and thereafter the ballot order of
6 the political subdivision officers to be elected shall be as
7 determined by the election authority. In the case of school
8 districts other than community consolidated school districts,
9 the ballot for non-high school district offices shall precede
10 the ballot for high school district offices.
11 At the consolidated primary and at the consolidated
12 election, the ballot for nomination or election of municipal
13 officers shall precede the ballot for township officers. At
14 the consolidated election, following the ballot for municipal
15 and township offices shall be the ballots for park district
16 and library district offices, following which shall be the
17 ballots for other political subdivision offices in the order
18 determined by the election authority.
19 The election authority, in determining the order of
20 ballot placement for offices of political subdivisions whose
21 ballot placement is not specified in this Section, shall give
22 due regard to the clarity of the ballot presentation to the
23 voters, cost and administrative ease, and the requirement to
24 provide separate ballot formats within precincts in which the
25 electors are not entitled to vote for the same offices or
26 propositions. At the request of a political subdivision
27 which extends into more than one election jurisdiction, the
28 election authority shall endeavor to coordinate placement and
29 color of the ballot for such subdivision with the other
30 election authorities responsible for preparing ballots for
31 such subdivision election. The election authority may
32 conduct a lottery to determine the order of ballot placement
33 of political subdivision ballots where such order is not
34 specified in this Section. Such lottery may be conducted
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1 jointly by two or more election authorities.
2 (Source: P.A. 89-700, eff. 1-17-97.)
3 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
4 Sec. 17-11. On receipt of his ballot the voter shall
5 forthwith, and without leaving the inclosed space, retire
6 alone to one of the voting booths so provided and shall
7 prepare his ballot by making in the appropriate margin or
8 place a cross (X) opposite the name of the candidate of his
9 choice for each office to be filled, or by writing in the
10 name of the candidate of his choice in a blank space on said
11 ticket, making a cross (X) opposite thereto; and in case of a
12 question submitted to the vote of the people, by making in
13 the appropriate margin or place a cross (X) against the
14 answer he desires to give. A cross (X) in the square in front
15 of the bracket enclosing the names of a team of candidates
16 for Governor and Lieutenant Governor counts as one vote for
17 each of such candidates. If the voter desires to vote for all
18 of the candidates of one political party or group of
19 petitioners, he may place the mark at the appropriate place
20 preceding the appellation or title under which the names of
21 the candidates of the party or group of petitioners are
22 printed, and the ballot so marked shall be counted as cast
23 for all of the candidates named under that title. Provided,
24 further, that the voter may place the mark at the appropriate
25 place preceding the appellation or title of one party or
26 group of petitioners and may also mark, at the appropriate
27 place preceding the name or names of one or more candidates
28 printed under the appellation or title of some other party or
29 group of petitioners, and a ballot so marked shall be counted
30 as cost for all the candidates named under the appellation or
31 title which has been so marked, except as to the officers as
32 to which he has placed a mark preceding the name or names of
33 some other candidate or candidates printed under the title of
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1 some other party or group of petitioners, and as to such it
2 shall be counted as cast for the candidate or candidates
3 preceding whose name or names the mark may have been placed.
4 Before leaving the voting booth the voter shall fold his
5 ballot in such manner as to conceal the marks thereon. He
6 shall then vote forthwith in the manner herein provided,
7 except that the number corresponding to the number of the
8 voter on the poll books shall not be indorsed on the back of
9 his ballot. He shall mark and deliver his ballot without
10 undue delay, and shall quit said inclosed space as soon as he
11 has voted. No voter shall be allowed to occupy a voting booth
12 already occupied by another, nor remain within said inclosed
13 space more than ten minutes, nor to occupy a voting booth
14 more than five minutes in case all of said voting booths are
15 in use and other voters waiting to occupy the same. No voter
16 not an election officer, shall, after having voted, be
17 allowed to re-enter said inclosed space during said election.
18 No person shall take or remove any ballot from the polling
19 place before the close of the poll. No voter shall vote or
20 offer to vote any ballot except such as he has received from
21 the judges of election in charge of the ballots. Any voter
22 who shall, by accident or mistake, spoil his ballot, may, on
23 returning said spoiled ballot, receive another in place
24 thereof only after the word "spoiled" has been written in ink
25 diagonally across the entire face of the ballot returned by
26 the voter.
27 Where voting machines or electronic voting systems are
28 used, the provisions of this section may be modified as
29 required or authorized by Article 24 or Article 24A,
30 whichever is applicable.
31 (Source: P.A. 89-700, eff. 1-17-97.)
32 (10 ILCS 5/17-19.3 new)
33 Sec. 17-19.3. At all general and special elections held
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1 in this State, where the law shall provide that the judges
2 shall tally the votes received by candidates at such election
3 it shall not be necessary for the judges of the election to
4 mark upon the tally sheets kept by them, separate marks or
5 tallies for each vote received by the candidates upon the
6 ballots containing the same names, commonly known and in this
7 Act designated as "straight tickets". But when the judges
8 shall have counted and announced to the judges keeping the
9 tally, as near as may be as now or hereafter provided by law,
10 the number of votes received by each set of candidates upon
11 the "straight tickets", the tally judges shall set the number
12 of votes down, in figures opposite or directly below the
13 names of the respective candidates, in a column or line
14 provided for that purpose upon the tally sheets: which column
15 or line shall read "number of straight votes". The same
16 column shall be used for the candidates for Governor and
17 Lieutenant Governor running on the same ticket. The judges
18 shall then proceed to count and announce the votes received
19 by each candidate upon all ballots other than "straight
20 tickets", including all ballots known as "split tickets", and
21 all ballots known as "scratched tickets", and the tally
22 judges shall proceed to tally the same upon the tally sheets,
23 and to compare and announce the result therof; which
24 counting, announcing, and tallying shall be conducted as
25 herein otherwise provided. The tally judges shall set down,
26 in figures, the number of votes received by each candidate on
27 ballots other than "straight tickets", as so ascertained and
28 announced, in an adjoining column or line provided for that
29 purpose upon the tally sheets, immediately opposite or below
30 the name of each candidate which line shall read "Number of
31 other votes". The judges keeping the tally shall then
32 proceed to add together the number of votes received by each
33 candidate, as shown in the column or line containing the
34 straight votes and the number as shown in the column or line
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1 containing the votes other than straight votes; which result
2 will show the total number of votes received by each
3 candidate; and after comparing their results and finding that
4 the same agree and are correct, they shall set down the same,
5 in figures, in an adjoining column or line provided upon the
6 tally sheets for that purpose, which shall be directly
7 opposite or below the line for recording the votes on split
8 and scratched ballots and shall read "candidates total vote".
9 Whereupon one of the tally judges shall announce in a loud
10 voice to the other judges the total number of votes received
11 by and counted for each candidate.
12 Nothing in this Section contained shall be construed to
13 authorize or permit the canvassing, counting, or tallying
14 ballots with any less degree of strictness than otherwise
15 required by law; the intention of this Section being to
16 dispense with the individual tally marks only so far as the
17 so-called "straight tickets" are concerned; and all other
18 operating of tallying, counting and canvassing, and
19 announcing the votes shall proceed as near as may be in
20 accordance with the other provisions of this Act. Tally
21 sheets and certificates may be prepared in book form or in
22 accordion folds.
23 This Section shall apply to all elections for members of
24 the General Assembly except as specified in Section 17-19.1.
25 (Source: P.A. 77-1762. Repealed by P.A. 89-700, eff.
26 1-17-97.)
27 (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
28 Sec. 17-21. When the votes shall have been examined and
29 counted, the judges shall set down on a sheet or return form
30 to be supplied to them, the name of every person voted for,
31 written or printed at full length, the office for which such
32 person received such votes, and the number he did receive and
33 such additional information as is necessary to complete, as
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1 nearly as circumstances will admit, the following form,
2 to-wit:
3 TALLY SHEET AND CERTIFICATE OF
4 RESULTS
5 We do hereby certify that at the .... election held in
6 the precinct hereinafter (general or special) specified on
7 the .... day of ...., in the year of our Lord, one thousand
8 nine hundred and ...., a total of .... voters requested and
9 received ballots and we do further certify:
10 Number of blank ballots delivered to us ....
11 Number of absentee ballots delivered to us ....
12 Total number of ballots delivered to us ....
13 Number of blank and spoiled ballots returned.
14 (1) Total number of ballots cast (in box)....
15 .... Straight Republican ballots cast
16 .... Straight Democratic ballots cast
17 .... Straight ballots of other parties cast
18 .... Split ballots cast
19 .... Defective and Objected To ballots sealed in
20 envelope
21 (2) .... Total number of ballots cast (in box)
22 Line (2) equals line (1)
23 We further certify that each of the candidates for
24 representative in the General Assembly received the number of
25 votes ascribed to him on the separate tally sheet.
26 We further certify that each candidate received the
27 number of votes set forth opposite his name or in the box
28 containing his name on the tally sheet contained in the page
29 or pages immediately following our signatures.
30 The undersigned actually served as judges and counted the
31 ballots at the election on the .... day of .... in the ....
32 precinct of the (1) *township of ...., or (2) *City of ....,
33 or (3) *.... ward in the city of .... and the polls were
34 opened at 6:00 A.M. and closed at 7:00 P.M. Certified by us.
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1 *Fill in either (1), (2) or (3)
2 A B, ....(Address)
3 C D, ....(Address)
4 E F, ....(Address)
5 G H, ....(Address)
6 I J, ....(Address)
7 Each tally sheet shall be in substantially one of the
8 following forms:
9 -------------------------------------------------------------
10 Number Number
11 of of Candidate's
12 Name of Candidates Straight Split Total
13 office Names Votes Votes Vote 5 10 15 20
14 -------------------------------------------------------------
15 United John Smith 60 17 77 11
16 States
17 Senator
18 -------------------------------------------------------------
19 -------------------------------------------------------------
20 Names of candidates
21 Name of and total vote
22 office for each 5 10 15 20
23 -------------------------------------------------------------
24 For United John Smith
25 States No. of straight votes .....
26 Senator No. of other votes .....
27 Total Vote..................
28 -------------------------------------------------------------
29 (Source: P.A. 89-700, eff. 1-17-97.)
30 (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
31 Sec. 18-9. The judges of election shall first count the
32 whole number of ballots in the box. If the ballots shall be
33 found to exceed the number of applications for ballot, they
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1 shall reject the ballots, if any, found folded inside of a
2 ballot. And if the ballots and the applications for ballot
3 still do not agree after such rejection, the ballots shall
4 be replaced in the box and the box closed and well shaken,
5 and again opened; and one of the judges shall publicly draw
6 out so many ballots unopened as shall be equal to such
7 excess. Such excess ballots shall be marked "Excess-Not
8 Counted" and signed by a majority of judges and shall be
9 placed in the "After 6:00 p.m. Defective Ballots Envelope".
10 The number of excess ballots shall be noted in the remarks
11 section of the Certificate of Results. "Excess" ballots
12 shall not be counted in the total of "defective" ballots.
13 And the ballots and applications for ballot being made to
14 agree in this way, the judges shall proceed to count the
15 votes in the following manner: The judges shall open the
16 ballots and place those which contain the same names
17 together, so that the several kinds shall be in separate
18 piles or on separate files. Each of the judges shall examine
19 the separate files which are, or are supposed to be, alike,
20 and exclude from such files any which may have a name or an
21 erasure, or in any manner shall be different from the others
22 of such file. One of the judges shall then take one file of
23 the kind of ballots which contain the same names, and count
24 them by tens, carefully examining each name on each of the
25 ballots. Such judge shall then pass the ten ballots aforesaid
26 to the judge sitting next to him, who shall count them in the
27 same manner, who shall then pass them to a third judge, who
28 shall also count them in the same manner. Then the third
29 judge shall call the names of the persons named in the ten
30 ballots, and the offices for which they are designated, and 2
31 of the judges, who did not assist in the counting shall tally
32 ten votes for each of such persons, except as herein
33 otherwise provided. When the judges shall have gone through
34 such file of ballots, containing the same names, and shall
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1 count them by tens in the same way, and shall call the names
2 of the persons named in the ballots and the office for which
3 they are designated, the tally judges shall tally the votes
4 by tens for each of such persons in the same manner as in the
5 first instance. When the counting of each file of ballots
6 which contain the same names shall be completed, the tally
7 judges shall compare their tallies together and ascertain the
8 total number of ballots of that kind so canvassed; and when
9 they agree upon the number, one of them shall announce it in
10 a loud voice to the other judges. The judges shall then
11 canvass the other kinds of ballots which do not correspond,
12 those containing names partly from one kind of ballots and
13 partly from another, being those from which the name of the
14 person proper to be voted for on such ballots has been
15 omitted or erased, usually called "scratched tickets". They
16 shall be canvassed separately by one of the judges sitting
17 between 2 other judges, which judge shall call each name to
18 the tally judges and the office for which it is designated,
19 and the other judges looking at the ballot at the same time,
20 and the tally judges making tally of the same. When all the
21 ballots have been canvassed in this manner, the tally judges
22 shall compare their tallies together, and ascertain the total
23 number of votes received by each candidate and when they
24 agree upon the numbers one of them shall announce in a loud
25 voice to the judges the number of votes received by each
26 candidate on each of the kinds of ballots containing his
27 name, the number received by him on the split and scratch
28 tickets, and the total number of votes received by him. The
29 provisions of Section 17-19.3 Article 17 shall apply to the
30 tallying of votes on straight tickets.
31 The votes for the offices of Governor and Lieutenant
32 Governor shall be counted and tallied jointly.
33 Where voting machines or electronic voting systems are
34 used, the provisions of this section may be modified as
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1 required or authorized by Article 24 or Article 24A,
2 whichever is applicable.
3 (Source: P.A. 89-700, eff. 1-17-97.)
4 (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
5 Sec. 22-15.1. (a) Within 60 days following the canvass
6 of the general election within each election jurisdiction,
7 the election authority shall prepare, in typewritten or
8 legible computer-generated form, a report of the abstracts of
9 votes by precinct for all offices and questions of public
10 policy in connection with which votes were cast within the
11 election jurisdiction at the general election. The report
12 shall include the total number of ballots cast within each
13 precinct, and the total number of registered voters within
14 each precinct and, in those election jurisdictions in which
15 electronic voting systems are used, the total number of
16 straight party ballots cast at the general election. The
17 election authority shall provide a copy of the report to the
18 chairman of the county central committee of each established
19 political party in the county within which the election
20 jurisdiction is contained, and shall make a reasonable number
21 of copies of the report available for distribution to the
22 public.
23 (b) Within 60 days after the effective date of this
24 amendatory Act of 1985, each election authority shall
25 prepare, in typewritten or legible computer-generated form, a
26 report of the type required by subsection (a) concerning the
27 general election of 1984. The election authority shall
28 provide a copy of the report to the chairman of the county
29 central committee of each established political party in the
30 county in which the election jurisdiction is contained, and
31 shall make a reasonable number of copies of the report
32 available for distribution to the public.
33 (c) An election authority may charge a fee to reimburse
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1 the actual cost of duplicating each copy of a report provided
2 pursuant to subsection (a) or (b).
3 (Source: P.A. 89-700, eff. 1-17-97.)
4 (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
5 Sec. 24-1. The election authority in all jurisdictions
6 when voting machines are used shall, except as otherwise
7 provided in this Code, provide a voting machine or voting
8 machines for any or all of the election precincts or election
9 districts, as the case may be, for which the election
10 authority is by law charged with the duty of conducting an
11 election or elections. A voting machine or machines
12 sufficient in number to provide a machine for each 400 voters
13 or fraction thereof shall be supplied for use at all
14 elections. However, no such voting machine shall be used,
15 purchased, or adopted until the board of voting machine
16 commissioners hereinafter provided for, or a majority
17 thereof, shall have made and filed a report certifying that
18 they have examined such machine; that it affords each elector
19 an opportunity to vote in absolute secrecy; that it enables
20 each elector to vote a straight party tickets, that it
21 enables each elector to vote a ticket selected in part from
22 the nominees of one party, and in part from the nominees of
23 any or all other parties, and in part from independent
24 nominees printed in the columns of candidates for public
25 office, and in part of persons not in nomination by any party
26 or upon any independent ticket; that it enables each elector
27 to vote a written or printed ballot of his own selection, for
28 any person for any office for whom he may desire to vote;
29 that it enables each elector to vote for all candidates for
30 whom he is entitled to vote, and prevents him from voting for
31 any candidate for any office more than once, unless he is
32 lawfully entitled to cast more than one vote for one
33 candidate, and in that event permits him to cast only as many
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1 votes for that candidate as he is by law entitled, and no
2 more; that it prevents the elector from voting for more than
3 one person for the same office, unless he is lawfully
4 entitled to vote for more than one person therefor, and in
5 that event permits him to vote for as many persons for that
6 office as he is by law entitled, and no more; and that such
7 machine will register correctly by means of exact counters
8 every vote cast for the regular tickets thereon; and has the
9 capacity to contain the tickets of at least 5 political
10 parties with the names of all the candidates thereon,
11 together with all propositions in the form provided by law,
12 where such form is prescribed, and where no such provision is
13 made for the form thereof, then in brief form, not to exceed
14 75 words; that all votes cast on the machine on a regular
15 ballot or ballots shall be registered; that voters may, by
16 means of irregular ballots or otherwise vote for any person
17 for any office, although such person may not have been
18 nominated by any party and his name may not appear on such
19 machine; that when a vote is cast for any person for any such
20 office, when his name does not appear on the machine, the
21 elector cannot vote for any other name on the machine for the
22 same office; that each elector can, understandingly and
23 within the period of 4 minutes cast his vote for all
24 candidates of his choice; that the machine is so constructed
25 that the candidates for presidential electors of any party
26 can be voted for only by voting for the ballot label
27 containing a bracket within which are the names of the
28 candidates for President and Vice-President of the party or
29 group; that the machine is provided with a lock or locks by
30 the use of which any movement of the voting or registering
31 mechanism is absolutely prevented so that it cannot be
32 tampered with or manipulated for any purpose; that the
33 machine is susceptible of being closed during the progress of
34 the voting so that no person can see or know the number of
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1 votes registered for any candidate; that each elector is
2 permitted to vote for or against any question, proposition or
3 amendment upon which he is entitled to vote, and is prevented
4 from voting for or against any question, proposition or
5 amendment upon which he is not entitled to vote; that the
6 machine is capable of adjustment by the election authority,
7 so as to permit the elector, at a party primary election, to
8 vote only for the candidates seeking nomination by the
9 political party in which primary he is entitled to vote:
10 Provided, also that no such machine or machines shall be
11 purchased, unless the party or parties making the sale shall
12 guarantee in writing to keep the machine or machines in good
13 working order for 5 years without additional cost and shall
14 give a sufficient bond conditioned to that effect.
15 (Source: P.A. 89-700, eff. 1-17-97.)
16 (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
17 Sec. 24A-5.1. For the instruction of voters on election
18 day, the election official in charge of the election shall
19 provide at each polling place one instruction-model
20 electronic voting system marking device. Each such
21 instruction-model shall show the arrangement of party rows,
22 office columns and questions. Such model shall be located at
23 a place which voters must pass to reach the official marking
24 device used in the actual casting of votes.
25 Before entering the voting booth each voter shall be
26 offered instruction in the operation of the marking device by
27 use of the instruction-model and the voter shall be given
28 ample opportunity to operate the model by himself. In
29 instructing voters, no precinct official may show partiality
30 to any political party , and when instructing a voter on how
31 to vote a straight ticket for one political party the
32 precinct official shall at the same time instruct the voter
33 how to vote a straight ticket for any other political party
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1 that appears on the ballot label. The duties of instruction
2 shall be discharged by a judge from each of the political
3 parties represented and they shall alternate serving as
4 instructor so that each judge shall serve a like time at such
5 duties. No instructions may be given after the voter has
6 entered the voting booth.
7 No precinct official, or person assisting a voter may in
8 any manner request, suggest, or seek to persuade or induce
9 any voter to cast his vote for any particular ticket,
10 candidate, amendment, question or proposition. All
11 instructions shall be given by precinct officials in such a
12 manner that it may be observed by other persons in the
13 polling place.
14 (Source: P.A. 89-700, eff. 1-17-97.)
15 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
16 Sec. 24A-6. The ballot information, whether placed on the
17 ballot or on the marking device, shall, as far as
18 practicable, be in the order of arrangement provided for
19 paper ballots, except that such information may be in
20 vertical or horizontal rows, or in a number of separate
21 pages. Ballots for all questions or propositions to be voted
22 on must be provided in the same manner and must be arranged
23 on or in the marking device or on the ballot sheet in the
24 places provided for such purposes.
25 When an electronic voting system utilizes a ballot label
26 booklet and ballot card, ballots for candidates, ballots
27 calling for a constitutional convention, constitutional
28 amendment ballots, judicial retention ballots, public
29 measures, and all propositions to be voted upon may be placed
30 on the electronic voting device by providing in the ballot
31 booklet separate ballot label pages or series of pages
32 distinguished by differing colors as provided below. When an
33 electronic voting system utilizes a ballot sheet, ballots
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1 calling for a constitutional convention, constitutional
2 amendment ballots and judicial retention ballots shall be
3 placed on the ballot sheet by providing a separate portion of
4 the ballot sheet for each such kind of ballot which shall be
5 printed in ink of a color distinct from the color of ink used
6 in printing any other portion of the ballot sheet. Ballots
7 for candidates, public measures and all other propositions to
8 be voted upon shall be placed on the ballot sheet by
9 providing a separate portion of the ballot sheet for each
10 such kind of ballot. Below the name of the last candidate
11 listed for an office shall be printed a line on which the
12 name of a candidate may be written by the voter, and
13 immediately to the left of such line an area shall be
14 provided for marking a vote for such write-in candidate.
15 More than one amendment to the constitution may be placed on
16 the same ballot page or series of pages or on the same
17 portion of the ballot sheet, as the case may be. Ballot
18 label pages for constitutional conventions or constitutional
19 amendments shall be on paper of blue color and shall precede
20 all other ballot label pages in the ballot label booklet.
21 More than one public measure or proposition may be placed on
22 the same ballot label page or series of pages or on the same
23 portion of the ballot sheet, as the case may be. More than
24 one proposition for retention of judges in office may be
25 placed on the same ballot label page or series of pages or on
26 the same portion of the ballot sheet, as the case may be.
27 Ballot label pages for candidates shall be on paper of white
28 color, except that in primary elections the ballot label page
29 or pages for the candidates of each respective political
30 party shall be of the color designated by the election
31 official in charge of the election for that political party's
32 candidates; provided that the ballot label pages or pages for
33 candidates for use at the nonpartisan and consolidated
34 elections may be on paper of different colors, except blue,
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1 whenever necessary or desirable to facilitate distinguishing
2 between the pages for different political subdivisions.
3 Except as provided in Section 16-4.1, in elections where
4 provision is made for straight party voting by marking a
5 party circle, the designation of the political parties for
6 straight party voting shall be on a separate page on which no
7 names of candidates shall appear, except no straight party
8 circle shall be necessary for any special election not
9 conducted on a regularly scheduled election day and called
10 for the purpose of filling a vacancy in the office of
11 representative in the United States Congress. However, the
12 page shall be of the same color as the pages containing the
13 names of candidates for office. On each succeeding page of
14 the candidate booklet, where the election is made to list
15 ballot information vertically, the party affiliation of each
16 candidate or the word "independent" shall appear immediately
17 to the left of the candidate's name, and the name of
18 candidates for the same office shall be listed vertically
19 under the title of that office. In the case of nonpartisan
20 elections for officers of political subdivisions, unless the
21 statute or an ordinance adopted pursuant to Article VII of
22 the Constitution requires otherwise, the listing of such
23 nonpartisan candidates shall not include any party or
24 "independent" designation. Ballot label pages for judicial
25 retention ballots shall be on paper of green color, and
26 ballot label pages for all public measures and other
27 propositions shall be on paper of some other distinct and
28 different color. In primary elections, a separate ballot
29 label booklet, marking device and voting booth shall be used
30 for each political party holding a primary, with the ballot
31 label booklet arranged to include ballot label pages of the
32 candidates of the party and public measures and other
33 propositions to be voted upon on the day of the primary
34 election. One ballot card may be used for recording the
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1 voter's vote or choice on all such ballots, proposals, public
2 measures or propositions, and such ballot card shall be
3 arranged so as to record the voter's vote or choice in a
4 separate column or columns for each such kind of ballot,
5 proposal, public measure or proposition.
6 If the ballot label booklet includes both candidates for
7 office and public measures or propositions to be voted on,
8 the election official in charge of the election shall divide
9 the pages by protruding tabs identifying the division of the
10 pages, and printing on such tabs "Candidates" and
11 "Propositions".
12 The ballot card and all of its columns and the ballot
13 card envelope shall be of the color prescribed for
14 candidate's ballots at the general or primary election,
15 whichever is being held. At an election where no candidates
16 are being nominated or elected, the ballot card, its columns,
17 and the ballot card envelope shall be of a color designated
18 by the election official in charge of the election.
19 The ballot cards, ballot card envelopes and ballot sheets
20 may, at the discretion of the election authority, be printed
21 on white paper and then striped with the appropriate colors.
22 When ballot sheets are used, the various portions thereof
23 shall be arranged to conform to the foregoing format.
24 Absentee ballots may consist of ballot cards, envelopes,
25 paper ballots or ballot sheets voted in person in the office
26 of the election official in charge of the election or voted
27 by mail. Where a ballot card is used for voting by mail it
28 must be accompanied by a punching tool or other appropriate
29 marking device, voter instructions and a specimen ballot
30 showing the proper positions to vote on the ballot card or
31 ballot sheet for each party, candidate, proposal, public
32 measure or proposition, and in the case of a ballot card must
33 be mounted on a suitable material to receive the punched out
34 chip.
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1 Any voter who spoils his ballot or makes an error may
2 return the ballot to the judges of election and secure
3 another. However, the protruding identifying tab for
4 proposals for a constitutional convention or constitutional
5 amendments shall have printed thereon "Constitutional
6 Ballot", and the ballot label page or pages for such
7 proposals shall precede the ballot label pages for candidates
8 in the ballot label booklet.
9 (Source: P.A. 89-700, eff. 1-17-97.)
10 (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
11 Sec. 24A-15. The precinct return printed by the
12 automatic tabulating equipment shall include the number of
13 ballots cast, straight party tickets, and votes cast for
14 each candidate and proposition and shall constitute the
15 official return of each precinct. Every ballot on which the
16 voter has cast a vote for all candidates of one party and no
17 votes for any other candidates shall be reported as a
18 straight party ticket, and all other ballots shall be
19 reported as split tickets. In addition to the precinct
20 return, the election authority shall provide the number of
21 applications for ballots in each precinct, the write-in
22 votes, the total number of ballots counted in each precinct
23 for each political subdivision and district and the number of
24 registered voters in each precinct. However, the election
25 authority shall check the totals shown by the precinct return
26 and, if there is an obvious discrepancy with respect to the
27 total number of votes cast in any precinct, shall have the
28 ballots for such precinct retabulated to correct the return.
29 The procedures for retabulation shall apply prior to and
30 after the proclamation is completed; however, after the
31 proclamation of results, the election authority must obtain a
32 court order to unseal voted ballots except for election
33 contests and discovery recounts. In those election
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1 jurisdictions that utilize in-precinct counting equipment,
2 the certificate of results, which has been prepared by the
3 judges of election in the polling place after the ballots
4 have been tabulated, shall be the document used for the
5 canvass of votes for such precinct. Whenever a discrepancy
6 exists during the canvass of votes between the unofficial
7 results and the certificate of results, or whenever a
8 discrepancy exists during the canvass of votes between the
9 certificate of results and the set of totals which has been
10 affixed to such certificate of results, the ballots for such
11 precinct shall be retabulated to correct the return. As an
12 additional part of this check prior to the proclamation, in
13 those jurisdictions where in-precinct counting equipment is
14 utilized, the election authority shall retabulate the total
15 number of votes cast in 5% of the precincts within the
16 election jurisdiction. The precincts to be retabulated shall
17 be selected after election day on a random basis by the
18 election authority, so that every precinct in the election
19 jurisdiction has an equal mathematical chance of being
20 selected. The State Board of Elections shall design a
21 standard and scientific random method of selecting the
22 precincts which are to be retabulated, and the election
23 authority shall be required to utilize such method. The
24 State Board of Elections, the State's Attorney and other
25 appropriate law enforcement agencies, the county chairman of
26 each established political party and qualified civic
27 organizations shall be given prior written notice of the time
28 and place of such random selection procedure and may be
29 represented at such procedure. Such retabulation shall
30 consist of counting the ballot cards which were originally
31 counted and shall not involve any determination as to which
32 ballot cards were, in fact, properly counted. The ballots
33 from the precincts selected for such retabulation shall
34 remain at all times under the custody and control of the
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1 election authority and shall be transported and retabulated
2 by the designated staff of the election authority.
3 As part of such retabulation, the election authority
4 shall test the computer program in the selected precincts.
5 Such test shall be conducted by processing a preaudited group
6 of ballots so punched so as to record a predetermined number
7 of valid votes for each candidate and on each public
8 question, and shall include for each office one or more
9 ballots which have votes in excess of the number allowed by
10 law in order to test the ability of the equipment to reject
11 such votes. If any error is detected, the cause therefor
12 shall be ascertained and corrected and an errorless count
13 shall be made prior to the official canvass and proclamation
14 of election results.
15 The State Board of Elections, the State's Attorney and
16 other appropriate law enforcement agencies, the county
17 chairman of each established political party and qualified
18 civic organizations shall be given prior written notice of
19 the time and place of such retabulation and may be
20 represented at such retabulation.
21 The results of this retabulation shall be treated in the
22 same manner and have the same effect as the results of the
23 discovery procedures set forth in Section 22-9.1 of this Act.
24 Upon completion of the retabulation, the election authority
25 shall print a comparison of the results of the retabulation
26 with the original precinct return printed by the automatic
27 tabulating equipment. Such comparison shall be done for each
28 precinct and for each office voted upon within that precinct,
29 and the comparisons shall be open to the public.
30 (Source: P.A. 89-700, eff. 1-17-97.)
31 (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
32 Sec. 24A-16. The State Board of Elections shall approve
33 all voting systems provided by this Article.
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1 No voting system shall be approved unless it fulfills the
2 following requirements:
3 (1) It enables a voter to vote in absolute secrecy;
4 (2) It enables a voter to vote a straight party ticket;
5 (Blank);
6 (3) It enables a voter to vote a ticket selected in part
7 from the nominees of one party, and in part from the nominees
8 of any or all parties, and in part from independent
9 candidates and in part of candidates whose names are written
10 in by the voter;
11 (4) It enables a voter to vote a written or printed
12 ticket of his own selection for any person for any office for
13 whom he may desire to vote;
14 (5) It will reject all votes for an office or upon a
15 proposition when the voter has cast more votes for such
16 office or upon such proposition than he is entitled to cast;
17 (6) It will accommodate all propositions to be submitted
18 to the voters in the form provided by law or, where no such
19 form is provided, then in brief form, not to exceed 75 words.
20 The State Board of Elections is authorized to withdraw
21 its approval of a voting system if the system fails to
22 fulfill the above requirements.
23 No vendor, person or other entity may sell, lease or loan
24 a voting system or voting system component to any election
25 jurisdiction unless the voting system or voting system
26 component is first approved by the State Board of Elections
27 pursuant to this Section.
28 (Source: P.A. 89-700, eff. 1-17-97.)
29 (10 ILCS 5/24B-5.1)
30 Sec. 24B-5.1. Instruction of Voters; Instruction Model;
31 Partiality to Political Party; Manner of Instruction. Before
32 entering the voting booth each voter shall be offered
33 instruction in the marking of the Precinct Tabulation Optical
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1 Scan Technology ballot sheet. In instructing voters, no
2 precinct official may show partiality to any political party,
3 and when instructing a voter on how to vote a straight ticket
4 for one political party the precinct official shall at the
5 same time instruct the voter how to vote a straight ticket
6 for any other political party which appears on the ballot
7 label. The duties of instruction shall be discharged by a
8 judge from each of the political parties represented and they
9 shall alternate serving as instructor so that each judge
10 shall serve a like time at such duties. No instructions may
11 be given after the voter has entered the voting booth.
12 No precinct official, or person assisting a voter may in
13 any manner request, suggest, or seek to persuade or induce
14 any voter to cast his or her vote for any particular ticket,
15 candidate, amendment, question or proposition. All
16 instructions shall be given by precinct officials in a manner
17 that it may be observed by other persons in the polling
18 place.
19 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
20 (10 ILCS 5/24B-6)
21 Sec. 24B-6. Ballot Information; Arrangement; Electronic
22 Precinct Tabulation Optical Scan Technology Voting System;
23 Absentee Ballots; Spoiled Ballots. The ballot information,
24 shall, as far as practicable, be in the order of arrangement
25 provided for paper ballots, except that the information may
26 be in vertical or horizontal rows, or on a number of separate
27 pages. Ballots for all questions or propositions to be voted
28 on should be provided in a similar manner and must be
29 arranged on the ballot sheet in the places provided for such
30 purposes. Ballots shall be of white paper unless provided
31 otherwise by administrative rule of the State Board of
32 Elections or otherwise specified.
33 All propositions, including but not limited to
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1 propositions calling for a constitutional convention,
2 constitutional amendment, judicial retention, and public
3 measures to be voted upon shall be placed on separate
4 portions of the ballot sheet by utilizing borders or grey
5 screens. Candidates shall be listed on a separate portion of
6 the ballot sheet by utilizing borders or grey screens. Below
7 the name of the last candidate listed for an office shall be
8 printed a line or lines on which the name of a candidate or
9 candidates may be written by the voter, and proximate to such
10 lines an area shall be provided for marking votes for the
11 write-in candidate or candidates. The number of write-in
12 lines for an office shall equal the number of candidates for
13 which a voter may vote. More than one amendment to the
14 constitution may be placed on the same portion of the ballot
15 sheet. Constitutional convention or constitutional amendment
16 propositions shall be printed on a separate portion of the
17 ballot sheet and designated by borders or grey screens,
18 unless otherwise provided by administrative rule of the State
19 Board of Elections. More than one public measure or
20 proposition may be placed on the same portion of the ballot
21 sheet. More than one proposition for retention of judges in
22 office may be placed on the same portion of the ballot sheet.
23 Names of candidates shall be printed in black. The
24 designation of the political parties for straight party
25 voting shall be in a special section of the ballot, except no
26 means by which a voter can cast a straight party vote shall
27 be necessary for any special election not conducted on a
28 regularly scheduled election day and called for filling a
29 vacancy in the office of representative in the United State
30 Congress. The party affiliation of each candidate or the
31 word "independent" shall appear near or under the candidate's
32 name, and the names of candidates for the same office shall
33 be listed vertically under the title of that office. In the
34 case of nonpartisan elections for officers of political
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1 subdivisions, unless the statute or an ordinance adopted
2 pursuant to Article VII of the Constitution requires
3 otherwise, the listing of nonpartisan candidates shall not
4 include any party or "independent" designation. Judicial
5 retention ballots shall be designated by borders or grey
6 screens. Ballots for all public measures and other
7 propositions shall be designated by borders or grey screens.
8 In primary elections, a separate ballot, shall be used for
9 each political party holding a primary, with the ballot
10 arranged to include names of the candidates of the party and
11 public measures and other propositions to be voted upon on
12 the day of the primary election.
13 If the ballot includes both candidates for office and
14 public measures or propositions to be voted on, the election
15 official in charge of the election shall divide the ballot in
16 sections for "Candidates" and "Propositions", or separate
17 ballots may be used.
18 Absentee ballots may consist of envelopes, paper ballots
19 or ballot sheets voted in person in the office of the
20 election official in charge of the election or voted by mail.
21 Where a Precinct Tabulation Optical Scan Technology ballot is
22 used for voting by mail it must be accompanied by voter
23 instructions.
24 Any voter who spoils his or her ballot, makes an error,
25 or has a ballot returned by the automatic tabulating
26 equipment may return the ballot to the judges of election and
27 get another ballot.
28 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
29 (10 ILCS 5/24B-15)
30 Sec. 24B-15. Official Return of Precinct; Check of
31 Totals; Retabulation. The precinct return printed by the
32 automatic Precinct Tabulation Optical Scan Technology
33 tabulating equipment shall include the number of ballots
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1 cast, straight party tickets, and votes cast for each
2 candidate and proposition and shall constitute the official
3 return of each precinct. Every ballot on which the voter
4 has cast a vote for all candidates of one party and no votes
5 for any other candidates shall be reported as a straight
6 party ticket, and all other ballots shall be reported as
7 split tickets. In addition to the precinct return, the
8 election authority shall provide the number of applications
9 for ballots in each precinct, the write-in votes, the total
10 number of ballots counted in each precinct for each political
11 subdivision and district and the number of registered voters
12 in each precinct. However, the election authority shall
13 check the totals shown by the precinct return and, if there
14 is an obvious discrepancy regarding the total number of votes
15 cast in any precinct, shall have the ballots for that
16 precinct retabulated to correct the return. The procedures
17 for retabulation shall apply prior to and after the
18 proclamation is completed; however, after the proclamation of
19 results, the election authority must obtain a court order to
20 unseal voted ballots except for election contests and
21 discovery recounts. In those election jurisdictions that use
22 in-precinct counting equipment, the certificate of results,
23 which has been prepared by the judges of election in the
24 polling place after the ballots have been tabulated, shall be
25 the document used for the canvass of votes for such precinct.
26 Whenever a discrepancy exists during the canvass of votes
27 between the unofficial results and the certificate of
28 results, or whenever a discrepancy exists during the canvass
29 of votes between the certificate of results and the set of
30 totals which has been affixed to the certificate of results,
31 the ballots for that precinct shall be retabulated to correct
32 the return. As an additional part of this check prior to the
33 proclamation, in those jurisdictions where in-precinct
34 counting equipment is used, the election authority shall
-27- LRB9002026MWpcA
1 retabulate the total number of votes cast in 5% of the
2 precincts within the election jurisdiction. The precincts to
3 be retabulated shall be selected after election day on a
4 random basis by the election authority, so that every
5 precinct in the election jurisdiction has an equal
6 mathematical chance of being selected. The State Board of
7 Elections shall design a standard and scientific random
8 method of selecting the precincts which are to be
9 retabulated, and the election authority shall be required to
10 use that method. The State Board of Elections, the State's
11 Attorney and other appropriate law enforcement agencies, the
12 county chairman of each established political party and
13 qualified civic organizations shall be given prior written
14 notice of the time and place of the random selection
15 procedure and may be represented at the procedure. The
16 retabulation shall consist of counting the ballots which were
17 originally counted and shall not involve any determination of
18 which ballots were, in fact, properly counted. The ballots
19 from the precincts selected for the retabulation shall remain
20 at all times under the custody and control of the election
21 authority and shall be transported and retabulated by the
22 designated staff of the election authority.
23 As part of the retabulation, the election authority shall
24 test the computer program in the selected precincts. The
25 test shall be conducted by processing a preaudited group of
26 ballots marked to record a predetermined number of valid
27 votes for each candidate and on each public question, and
28 shall include for each office one or more ballots which have
29 votes in excess of the number allowed by law to test the
30 ability of the equipment to reject such votes. If any error
31 is detected, the cause shall be determined and corrected, and
32 an errorless count shall be made prior to the official
33 canvass and proclamation of election results.
34 The State Board of Elections, the State's Attorney and
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1 other appropriate law enforcement agencies, the county
2 chairman of each established political party and qualified
3 civic organizations shall be given prior written notice of
4 the time and place of the retabulation and may be represented
5 at the retabulation.
6 The results of this retabulation shall be treated in the
7 same manner and have the same effect as the results of the
8 discovery procedures set forth in Section 22-9.1 of this
9 Code. Upon completion of the retabulation, the election
10 authority shall print a comparison of the results of the
11 retabulation with the original precinct return printed by the
12 automatic tabulating equipment. The comparison shall be done
13 for each precinct and for each office voted upon within that
14 precinct, and the comparisons shall be open to the public.
15 Upon completion of the retabulation, the returns shall be
16 open to the public.
17 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
18 (10 ILCS 5/24B-16)
19 Sec. 24B-16. Approval of Precinct Tabulation Optical
20 Scan Technology Voting Systems; Requisites. The State Board
21 of Elections shall approve all Precinct Tabulation Optical
22 Scan Technology voting systems provided by this Article.
23 No Precinct Tabulation Optical Scan Technology voting
24 system shall be approved unless it fulfills the following
25 requirements:
26 (a) It enables a voter to vote in absolute secrecy;
27 (b) It enables a voter to vote a straight party
28 ticket; (Blank);
29 (c) It enables a voter to vote a ticket selected in
30 part from the nominees of one party, and in part from the
31 nominees of any or all parties, and in part from
32 independent candidates, and in part of candidates whose
33 names are written in by the voter;
-29- LRB9002026MWpcA
1 (d) It enables a voter to vote a written or printed
2 ticket of his or her own selection for any person for any
3 office for whom he or she may desire to vote;
4 (e) It will reject all votes for an office or upon
5 a proposition when the voter has cast more votes for the
6 office or upon the proposition than he or she is entitled
7 to cast; and
8 (f) It will accommodate all propositions to be
9 submitted to the voters in the form provided by law or,
10 where no form is provided, then in brief form, not to
11 exceed 75 words.
12 The State Board of Elections is authorized to withdraw
13 its approval of a Precinct Tabulation Optical Scan Technology
14 voting system if the system fails to fulfill the above
15 requirements.
16 No vendor, person or other entity may sell, lease or loan
17 a voting system or Precinct Tabulation Optical Scan
18 Technology voting system component to any election
19 jurisdiction unless the voting system or voting system
20 component is first approved by the State Board of Elections
21 pursuant to this Section.
22 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
23 (10 ILCS 5/1-7 rep.)
24 Section 90. Section 1-7 of the Election Code is
25 repealed.
26 Section 99. Effective date. This Act takes effect on
27 January 1, 1999.