State of Illinois
92nd General Assembly
Legislation

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92_HB2153

 
                                              LRB9205523JMmbA

 1        AN ACT concerning elections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Sections  7-19,  7-46,  7-47,  7-49,  7-52, 7-53, 7-54, 7-55,
 6    7-66,  15-6,  16-11,  17-43,  18-40,  19-15,  20-15,   24A-2,
 7    24A-6.1,   24A-7,  24A-8,  24A-9,  24A-10.1,  24A-14,  24B-2,
 8    24B-10.1, and 24B-14 as follows:

 9        (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
10        Sec. 7-19. The primary ballot of each political party for
11    each precinct shall be arranged and printed substantially  in
12    the manner following:
13        1.   Designating words. At the top of the ballot shall be
14    printed in  large  capital  letters,  words  designating  the
15    ballot,  if  a Republican ballot, the designating words shall
16    be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic  ballot  the
17    designating  words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
18    in like manner for each political party.
19        2.  Order of Names, Directions to Voters, etc.  Beginning
20    not  less  than one inch below designating words, the name of
21    each office to be filled shall be printed in capital letters.
22    Such names may be printed on the ballot either  in  a  single
23    column  or  in  2 or more columns and in the following order,
24    to-wit:
25        President  of   the   United   States,   State   offices,
26    congressional  offices,  delegates and alternate delegates to
27    be elected from the State at  large  to  National  nominating
28    conventions,  delegates and alternate delegates to be elected
29    from   congressional   districts   to   National   nominating
30    conventions,  member  or  members  of   the   State   central
31    committee,  trustees  of  sanitary districts, county offices,
 
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 1    judicial  officers,  city,  village  and  incorporated   town
 2    offices,  town  offices,  or  of  such of the said offices as
 3    candidates are to be  nominated  for  at  such  primary,  and
 4    precinct,  township  or  ward  committeemen.  If  two or more
 5    columns are used, the  foregoing  offices  to  and  including
 6    member  of the State central committee shall be listed in the
 7    left-hand  column  and  Senatorial  offices,  as  defined  in
 8    Section 8-3, shall be the first offices listed in the  second
 9    column.
10        Below  the  name of each office shall be printed in small
11    letters the directions to voters: "Vote for one";  "Vote  for
12    two";  "Vote  for three"; or a spelled number designating how
13    many persons under that head are to be voted for.
14        Next to the  name  of  each  candidate  for  delegate  or
15    alternate  delegate to a national nominating convention shall
16    appear either (a) the name of the candidate's preference  for
17    President  of  the United States or the word "uncommitted" or
18    (b) no official designation, depending upon the action  taken
19    by  the State central committee pursuant to Section 7-10.3 of
20    this Act.
21        Below the name of each office shall be printed in capital
22    letters the names of all candidates, arranged in the order in
23    which their petitions for nominations were filed,  except  as
24    otherwise provided in Sections 7-14 and 7-17 of this Article.
25    Opposite  and in front of the name of each candidate shall be
26    printed a square and all  squares  upon  the  primary  ballot
27    shall  be  of  uniform  size.  Spaces  between  the  names of
28    candidates under each office shall be uniform and  sufficient
29    spaces  shall separate the names of candidates for one office
30    from the names of candidates for  another  office,  to  avoid
31    confusion  and to permit the writing in of the names of other
32    candidates.
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,  or
 2    Article 24B, whichever is applicable.
 3    (Source: P.A. 83-33.)

 4        (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
 5        Sec. 7-46. On receiving from the primary judges a primary
 6    ballot  of his party, the primary elector shall forthwith and
 7    without leaving the polling place, retire alone to one of the
 8    voting booths and prepare such primary ballot  by  marking  a
 9    cross  (X) in the square in front of and opposite the name of
10    each candidate of his choice for each office  to  be  filled,
11    and   for  delegates  and  alternate  delegates  to  national
12    nominating conventions, and for committeemen, if committeemen
13    are being elected at such primary.
14        Any primary  elector  may,  instead  of  voting  for  any
15    candidate  for nomination or for committeeman or for delegate
16    or alternate delegate  to  national  nominating  conventions,
17    whose  name  is  printed  on the primary ballot, write in the
18    name of any other person affiliated  with  such  party  as  a
19    candidate   for   the  nomination  for  any  office,  or  for
20    committeeman, or for  delegates  or  alternate  delegates  to
21    national  nominating  conventions, and indicate his choice of
22    such candidate  or  committeeman  or  delegate  or  alternate
23    delegate,  by  placing  to  the left of and opposite the name
24    thus written a square and placing in the square a cross (X).
25        Where voting machines or electronic  voting  systems  are
26    used,  the  provisions  of  this  section  may be modified as
27    required or authorized by Article  24,  or  Article  24A,  or
28    Article 24B, whichever is applicable.
29    (Source: Laws 1965, p. 2220.)

30        (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
31        Sec.  7-47. Before leaving the booth, the primary elector
32    shall fold his primary ballot in such manner  as  to  conceal
 
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 1    the  marks  thereon.  Such voter shall then vote forthwith by
 2    handing the primary judge the primary ballot received by such
 3    voter. Thereupon the primary judge shall deposit such primary
 4    ballot in the ballot box. One of the judges  shall  thereupon
 5    enter  in  the  primary  poll  book  the  name of the primary
 6    elector, his residence and his  party  affiliation  or  shall
 7    make  the  entries on the official poll record as required by
 8    articles 4, 5 and 6, if any one of them is applicable.
 9        Where voting machines or electronic  voting  systems  are
10    used,  the  provisions  of  this  section  may be modified as
11    required or authorized by Article 24, or Article 24A, Article
12    24B, whichever is applicable.
13    (Source: Laws 1965, p. 2220.)

14        (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
15        Sec. 7-49. After the opening of the polls at a primary no
16    adjournment shall be had nor recess taken until  the  canvass
17    of  all  the  votes  is  completed  and the returns carefully
18    enveloped and sealed.
19        Where voting machines or electronic  voting  systems  are
20    used,  the  provisions  of  this  section  may be modified as
21    required or authorized by Article  24,  or  Article  24A,  or
22    Article 24B, whichever is applicable.
23    (Source: Laws 1965, p. 2220.)

24        (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
25        Sec.  7-52.  Immediately  upon  closing  the  polls,  the
26    primary  judges  shall  proceed  to  canvass the votes in the
27    manner following:
28        (1)  They shall separate and count the  ballots  of  each
29    political party.
30        (2)  They  shall  then proceed to ascertain the number of
31    names entered on the applications for ballot under each party
32    affiliation.
 
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 1        (3)  If the primary ballots of any political party exceed
 2    the number of applications  for  ballot  by  voters  of  such
 3    political  party, the primary ballots of such political party
 4    shall be folded and replaced  in  the  ballot  box,  the  box
 5    closed,  well  shaken and again opened and one of the primary
 6    judges, who shall be blindfolded, shall draw out so  many  of
 7    the primary ballots of such political party as shall be equal
 8    to   such  excess.   Such  excess  ballots  shall  be  marked
 9    "Excess-Not Counted" and signed by a majority of  the  judges
10    and shall be placed in the "After 6:00 p.m. Defective Ballots
11    Envelope". The number of excess ballots shall be noted in the
12    remarks  section  of  the  Certificate  of Results.  "Excess"
13    ballots shall not be counted  in  the  total  of  "defective"
14    ballots;
15        (4)  The  primary  judges shall then proceed to count the
16    primary ballots of each political party  separately;  and  as
17    the primary judges shall open and read the primary ballots, 3
18    of  the  judges  shall  carefully  and  correctly  mark  upon
19    separate  tally  sheets the votes which each candidate of the
20    party whose name is written or printed on the primary  ballot
21    has received, in a separate column for that purpose, with the
22    name  of  such candidate, the name of his political party and
23    the name of the office  for  which  he  is  a  candidate  for
24    nomination at the head of such column.
25        Where  voting  machines  or electronic voting systems are
26    used, the provisions of  this  section  may  be  modified  as
27    required  or  authorized  by  Article  24, or Article 24A, or
28    Article 24B, whichever is applicable.
29    (Source: P.A. 80-484.)

30        (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
31        Sec. 7-53.  As soon as the ballots of a  political  party
32    shall  have  been  read  and the votes of the political party
33    counted, as provided in the last above section, the 3  judges
 
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 1    in  charge of the tally sheets shall foot up the tally sheets
 2    so as to show  the  total  number  of  votes  cast  for  each
 3    candidate  of  the political party and for each candidate for
 4    State  Central  committeeman   and   precinct   committeeman,
 5    township  committeeman or ward committeeman, and delegate and
 6    alternate delegate to National  nominating  conventions,  and
 7    certify the same to be correct. Thereupon, the primary judges
 8    shall  set  down  in  a  certificate  of results on the tally
 9    sheet, under the name of the political  party,  the  name  of
10    each  candidate voted for upon the primary ballot, written at
11    full length, the name  of  the  office  for  which  he  is  a
12    candidate  for nomination or for committeeman, or delegate or
13    alternate delegate to National  nominating  conventions,  the
14    total  number of votes which the candidate received, and they
15    shall also set down the total number of ballots voted by  the
16    primary electors of the political party in the precinct.  The
17    certificate  of  results  shall  be made substantially in the
18    following form:
19                                           ................ Party
20        At the primary election held in the .... precinct of  the
21    (1)  *township  of  ....,  or (2) *City of ...., or (3) *....
22    ward in the city  of  ....  on  (insert  date),  the  primary
23    electors  of  the  ....  party  voted  ....  ballots, and the
24    respective candidates whose names were written or printed  on
25    the  primary  ballot of the .... party, received respectively
26    the following votes:
27    Name of                                                No. of
28    Candidate,                 Title of Office,             Votes
29    John Jones                 Governor                       100
30    Sam Smith                  Governor                        70
31    Frank Martin               Attorney General               150
32    William Preston            Rep. in Congress               200
33    Frederick John             Circuit Judge                   50
34        *Fill in either (1), (2) or (3).
 
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 1        And so on for each candidate.
 2        We hereby certify the above and foregoing to be true  and
 3    correct.
 4        Dated (insert date).
 5                              ...................................
 6                              Name                        Address
 7                              ...................................
 8                              Name                        Address
 9                              ...................................
10                              Name                        Address
11                              ...................................
12                              Name                        Address
13                              ...................................
14                              Name                        Address
15                                     Judges of Primary

16        Where  voting  machines  or electronic voting systems are
17    used, the provisions of  this  Section  may  be  modified  as
18    required  or  authorized  by  Article 24, and Article 24A, or
19    Article 24B, whichever is applicable.
20    (Source: P.A. 91-357, eff. 7-29-99.)

21        (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
22        Sec. 7-54. After the votes of a political party have been
23    counted and set down and the  tally  sheets  footed  and  the
24    entry  made  in  the  primary  poll books or return, as above
25    provided, all the primary ballots of  said  political  party,
26    except  those  marked  "defective"  or "objected to" shall be
27    securely bound, lengthwise and in width,  with  a  soft  cord
28    having a minimum tensile strength of 60 pounds separately for
29    each  political  party  in  the  order  in which said primary
30    ballots have been read,  and  shall  thereupon  be  carefully
31    sealed  in  an  envelope, which envelope shall be endorsed as
32    follows:
33        "Primary ballots of the.... party of the.... precinct  of
 
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 1    the county of.... and State of Illinois."
 2        Below  each  endorsement,  each primary judge shall write
 3    his name.
 4        Immediately thereafter the judges shall designate one  of
 5    their number to go to the nearest telephone and report to the
 6    office of the county clerk or board of election commissioners
 7    (as  the case may be) the results of such primary. Such clerk
 8    or board shall keep his or its office open after the close of
 9    the polls until he or it  has  received  from  each  precinct
10    under  his or its jurisdiction the report above provided for.
11    Immediately upon receiving such report such  clerk  or  board
12    shall cause the same to be posted in a public place in his or
13    its  office  for  inspection by the public. Immediately after
14    making such report such judge shall  return  to  the  polling
15    place.
16        Where  voting  machines  or electronic voting systems are
17    used, the provisions of  this  section  may  be  modified  as
18    required  or  authorized  by  Article  24, or Article 24A, or
19    Article 24B, whichever is applicable.
20    (Source: P.A. 81-1433.)

21        (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
22        Sec. 7-55. The primary poll books or  the  official  poll
23    record,  and  the  tally  sheets with the certificates of the
24    primary judges written thereon, together with  the  envelopes
25    containing the ballots, including the envelope containing the
26    ballots   marked  "defective"  or  "objected  to",  shall  be
27    carefully  enveloped  and  sealed   up   together,   properly
28    endorsed,  and  the  primary judges shall elect 2 judges (one
29    from  each  of  the  major  political  parties),  who   shall
30    immediately  deliver  the  same  to  the  clerk from whom the
31    primary ballots were obtained, which clerk shall safely  keep
32    the  same  for 2 months, and thereafter shall safely keep the
33    poll books until the next primary.  Each  election  authority
 
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 1    shall  keep  the  office  of  the  election authority, or any
 2    receiving stations designated by such authority, open for  at
 3    least  12  consecutive  hours after the polls close, or until
 4    the judges of each precinct under  the  jurisdiction  of  the
 5    election  authority  have delivered to the election authority
 6    all the above  materials  sealed  up  together  and  properly
 7    endorsed  as  provided  herein.   Materials  delivered to the
 8    election authority which are not in the condition required by
 9    this Section shall not be accepted by the election  authority
10    until  the  judges  delivering  the  same  make  and sign the
11    necessary corrections.  Upon acceptance of the  materials  by
12    the  election authority, the judges delivering the same shall
13    take a receipt signed by the election authority  and  stamped
14    with the time and date of such delivery.  The election judges
15    whose  duty  it is to deliver any materials as above provided
16    shall, in the event  such  materials  cannot  be  found  when
17    needed, on proper request, produce the receipt which they are
18    to take as above provided.
19        The county clerk or board of election commissioners shall
20    deliver  a copy of each tally sheet to the county chairmen of
21    the two largest political parties.
22        Where voting machines or electronic  voting  systems  are
23    used,  the  provisions  of  this  section  may be modified as
24    required or authorized by Article 24,  and  Article  24A,  or
25    Article 24B, whichever is applicable.
26    (Source: P.A. 83-764.)

27        (10 ILCS 5/7-66)
28        Sec.    7-66.  Electronic    voting   systems;   precinct
29    tabulation optical scan technology voting equipment.
30        If  the  election  authority  has  adopted  the  use   of
31    electronic  voting  systems  pursuant  to Article 24A of this
32    Code or Precinct Tabulation Optical  Scan  Technology  voting
33    equipment  pursuant  to  Article  24B  of  this Code, and the
 
                            -10-              LRB9205523JMmbA
 1    provisions of those Articles the Article are in conflict with
 2    the provisions of this Article 7, the provisions  of  Article
 3    24A  or  Article  24B,  as  the case may be, shall govern the
 4    procedures followed by the election authority, its judges  of
 5    elections,  and  all  employees and agents.  In following the
 6    provisions of  Article  24A  or  Article  24B,  the  election
 7    authority  is  authorized to develop and implement procedures
 8    to  fully  utilize  electronic  voting  systems  or  Precinct
 9    Tabulation   Optical   Scan   Technology   voting   equipment
10    authorized by the State Board of Elections  as  long  as  the
11    procedure is not in conflict with Article 24A, either Article
12    24B,  or  the  administrative  rules  of  the  State Board of
13    Elections.
14    (Source: P.A. 89-394, eff. 1-1-97.)

15        (10 ILCS 5/15-6)
16        Sec.   15-6.  Electronic   voting    systems;    precinct
17    tabulation optical scan technology voting equipment.
18        If   the  election  authority  has  adopted  the  use  of
19    electronic voting systems pursuant to  Article  24A  of  this
20    Code  or  Precinct  Tabulation Optical Scan Technology voting
21    equipment pursuant to Article  24B  of  this  Code,  and  the
22    provisions of those Articles the Article are in conflict with
23    the  provisions of this Article 15, the provisions of Article
24    24A or Article 24B, as the case  may  be,  shall  govern  the
25    procedures  followed by the election authority, its judges of
26    elections, and all employees and agents.   In  following  the
27    provisions  of  Article  24A  or  Article  24B,  the election
28    authority is authorized to develop and  implement  procedures
29    to  fully  utilize  electronic  voting  systems  or  Precinct
30    Tabulation   Optical   Scan   Technology   voting   equipment
31    authorized  by  the  State  Board of Elections as long as the
32    procedure is not in conflict with Article 24A, either Article
33    24B, or the  administrative  rules  of  the  State  Board  of
 
                            -11-              LRB9205523JMmbA
 1    Elections.
 2    (Source: P.A. 89-394, eff. 1-1-97.)

 3        (10 ILCS 5/16-11)
 4        Sec.    16-11.  Electronic   voting   systems;   precinct
 5    tabulation optical scan technology voting equipment.
 6        If  the  election  authority  has  adopted  the  use   of
 7    electronic  voting  systems  pursuant  to Article 24A of this
 8    Code or Precinct Tabulation Optical  Scan  Technology  voting
 9    equipment  pursuant  to  Article  24B  of  this Code, and the
10    provisions of those Articles the Article are in conflict with
11    the provisions of this Article 16, the provisions of  Article
12    24A  or  Article  24B,  as  the case may be, shall govern the
13    procedures followed by the election authority, its judges  of
14    elections,  and  all  employees and agents.  In following the
15    provisions of  Article  24A  or  Article  24B,  the  election
16    authority  is  authorized to develop and implement procedures
17    to  fully  utilize  electronic  voting  systems  or  Precinct
18    Tabulation   Optical   Scan   Technology   voting   equipment
19    authorized by the State Board of Elections  as  long  as  the
20    procedure is not in conflict with Article 24A, either Article
21    24B,  or  the  administrative  rules  of  the  State Board of
22    Elections.
23    (Source: P.A. 89-394, eff. 1-1-97.)

24        (10 ILCS 5/17-43)
25        Sec.   17-43.  Electronic   voting   systems;    precinct
26    tabulation optical scan technology voting equipment.
27        If   the  election  authority  has  adopted  the  use  of
28    electronic voting systems pursuant to  Article  24A  of  this
29    Code  or  Precinct  Tabulation Optical Scan Technology voting
30    equipment pursuant to Article  24B  of  this  Code,  and  the
31    provisions of those Articles the Article are in conflict with
32    the  provisions of this Article 17, the provisions of Article
 
                            -12-              LRB9205523JMmbA
 1    24A or Article 24B, as the case  may  be,  shall  govern  the
 2    procedures  followed by the election authority, its judges of
 3    elections, and all employees and agents.   In  following  the
 4    provisions  of  Article  24A  or  Article  24B,  the election
 5    authority is authorized to develop and  implement  procedures
 6    to  fully  utilize  electronic  voting  systems  or  Precinct
 7    Tabulation   Optical   Scan   Technology   voting   equipment
 8    authorized  by  the  State  Board of Elections as long as the
 9    procedure is not in conflict with either Article 24A, Article
10    24B, or the  administrative  rules  of  the  State  Board  of
11    Elections.
12    (Source: P.A. 89-394, eff. 1-1-97.)

13        (10 ILCS 5/18-40)
14        Sec.    18-40.  Electronic   voting   systems;   precinct
15    tabulation optical scan technology voting equipment.
16        If  the  election  authority  has  adopted  the  use   of
17    electronic  voting  systems  pursuant  to Article 24A of this
18    Code or Precinct Tabulation Optical  Scan  Technology  voting
19    equipment  pursuant  to  Article  24B  of  this Code, and the
20    provisions of those Articles the Article are in conflict with
21    the provisions of this Article 18, the provisions of  Article
22    24A  or  Article  24B,  as  the case may be, shall govern the
23    procedures followed by the election authority, its judges  of
24    elections,  and  all  employees and agents.  In following the
25    provisions of  Article  24A  or  Article  24B,  the  election
26    authority  is  authorized to develop and implement procedures
27    to  fully  utilize  electronic  voting  systems  or  Precinct
28    Tabulation   Optical   Scan   Technology   voting   equipment
29    authorized by the State Board of Elections  as  long  as  the
30    procedure is not in conflict with either Article 24A, Article
31    24B,  or  the  administrative  rules  of  the  State Board of
32    Elections.
33    (Source: P.A. 89-394, eff. 1-1-97.)
 
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 1        (10 ILCS 5/19-15)
 2        Sec.   19-15.  Electronic   voting   systems;    precinct
 3    tabulation optical scan technology voting equipment.
 4        If   the  election  authority  has  adopted  the  use  of
 5    electronic voting systems pursuant to  Article  24A  of  this
 6    Code  or  Precinct  Tabulation Optical Scan Technology voting
 7    equipment pursuant to Article  24B  of  this  Code,  and  the
 8    provisions of those Articles the Article are in conflict with
 9    the  provisions of this Article 19, the provisions of Article
10    24A or Article 24B, as the case  may  be,  shall  govern  the
11    procedures  followed by the election authority, its judges of
12    elections, and all employees and agents.   In  following  the
13    provisions  of  Article  24A  or  Article  24B,  the election
14    authority is authorized to develop and  implement  procedures
15    to  fully  utilize  electronic  voting  systems  or  Precinct
16    Tabulation   Optical   Scan   Technology   voting   equipment
17    authorized  by  the  State  Board of Elections as long as the
18    procedure is not in conflict with Article 24A, either Article
19    24B, or the  administrative  rules  of  the  State  Board  of
20    Elections.
21    (Source: P.A. 89-394, eff. 1-1-97.)

22        (10 ILCS 5/20-15)
23        Sec.    20-15.  Electronic   voting   systems;   precinct
24    tabulation optical scan technology voting equipment.
25        If  the  election  authority  has  adopted  the  use   of
26    electronic  voting  systems  pursuant  to Article 24A of this
27    Code or Precinct Tabulation Optical  Scan  Technology  voting
28    equipment  pursuant  to  Article  24B  of  this Code, and the
29    provisions of those Articles the Article are in conflict with
30    the provisions of this Article 20, the provisions of  Article
31    24A  or  Article  24B,  as  the case may be, shall govern the
32    procedures followed by the election authority, its judges  of
33    elections,  and  all  employees and agents.  In following the
 
                            -14-              LRB9205523JMmbA
 1    provisions of  Article  24A  or  Article  24B,  the  election
 2    authority  is  authorized to develop and implement procedures
 3    to  fully  utilize  electronic  voting  systems  or  Precinct
 4    Tabulation   Optical   Scan   Technology   voting   equipment
 5    authorized by the State Board of Elections  as  long  as  the
 6    procedure is not in conflict with Article 24A, either Article
 7    24B,  or  the  administrative  rules  of  the  State Board of
 8    Elections.
 9    (Source: P.A. 89-394, eff. 1-1-97.)

10        (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
11        Sec.  24A-2.   As  used  in  this  Article:   "Computer",
12    "Automatic  tabulating  equipment"  or  "equipment"  includes
13    apparatus  necessary to automatically examine and count votes
14    as designated on ballots, and data processing machines  which
15    can be used for counting ballots and tabulating results.
16        "Ballot  card"  means  a  ballot  which  is  voted by the
17    process of punching.
18        "Ballot configuration" means the  particular  combination
19    of   political   subdivision   ballots  including,  for  each
20    political subdivision, the particular combination of offices,
21    candidate  names  and  ballot  position  numbers   for   each
22    candidate and question as it appears for each group of voters
23    who may cast the same ballot.
24        "Ballot  labels"  means the cards, papers, booklet, pages
25    or other  material  containing  the  names  of  officers  and
26    candidates and statements of measures to be voted on.
27        "Ballot  sheet"  means  a  paper ballot printed on one or
28    both sides which is (1) designed and  prepared  so  that  the
29    voter  may  indicate  his  or  her votes in designated areas,
30    which must be enclosed areas  clearly  printed  or  otherwise
31    delineated  for such purpose, and (2) capable of having votes
32    marked  in  the  designated  areas  automatically   examined,
33    counted, and tabulated by an electronic scanning process.
 
                            -15-              LRB9205523JMmbA
 1        "Ballot"  may  include  ballot  cards,  ballot labels and
 2    paper ballots.
 3        "Separate ballot", with respect to ballot sheets, means a
 4    separate portion of the ballot sheet in which  the  color  of
 5    the  ink used in printing that portion of the ballot sheet is
 6    distinct from the color of the ink used in printing any other
 7    portion of the ballot sheet.
 8        "Column" in an electronic voting system which utilizes  a
 9    ballot  card  means a space on a ballot card for punching the
10    voter's vote arranged in a  row  running  lengthwise  on  the
11    ballot card.
12        "Central  Counting"  means the counting of ballots in one
13    or more locations selected by the election authority for  the
14    processing  or  counting, or both, of ballots. A location for
15    central counting shall be within the territorial jurisdiction
16    of such  election  authority  unless  there  is  no  suitable
17    tabulating   equipment   available   within  his  territorial
18    jurisdiction. However, in any event a counting location shall
19    be within this State.
20        "In-precinct counting" means the counting of  ballots  on
21    automatic  tabulating  equipment  provided  by  the  election
22    authority  in  the same precinct polling place in which those
23    ballots have been cast.
24        "Computer  operator"  means   any   person   or   persons
25    designated by the election authority to operate the automatic
26    tabulating  equipment during any portion of the vote tallying
27    process in an election,  but  shall  not  include  judges  of
28    election operating vote tabulating equipment in the precinct.
29        "Computer   program"   or  "program"  means  the  set  of
30    operating instructions for the automatic tabulating equipment
31    by which it examines, counts, tabulates, canvasses and prints
32    votes recorded by a voter on a ballot card or other medium.
33        "Edit listing" means a computer generated listing of  the
34    names  and  ballot  position  numbers  for each candidate and
 
                            -16-              LRB9205523JMmbA
 1    proposition as they appear in the program for each precinct.
 2        "Voting System" or "Electronic Voting System" means  that
 3    combination  of  equipment  and programs used in the casting,
 4    examination and tabulation of ballots and the cumulation  and
 5    reporting of results by electronic means.
 6        "Header  card"  or "program card" means a data processing
 7    card which is coded to indicate to the computer the  precinct
 8    identity of the ballot cards that will follow immediately and
 9    may  indicate to the computer how such ballot cards are to be
10    tabulated.
11        "Marking device"  means  either  an  apparatus  in  which
12    ballots  or  ballot cards are inserted and used in connection
13    with a punch apparatus for the piercing  of  ballots  by  the
14    voter, or any approved device for marking a paper ballot with
15    ink  or  other  substance  which will enable the ballot to be
16    tabulated by means of automatic tabulating equipment or by an
17    electronic scanning process.
18        "Precinct program memory  medium"  or  "PPMM"  means  the
19    program  disc  or  pack  of an in-precinct computer tabulator
20    that is programmed for a single  precinct  and  that  may  be
21    activated  by  means  other  than  a  header card or precinct
22    identifier card  to  indicate  to  the  automatic  tabulating
23    equipment  the  precinct  identity  of the ballot cards to be
24    counted by the tabulator and how such ballot cards are to  be
25    counted.
26        "Public counter" means a mechanical or electronic display
27    on  in-precinct  automatic tabulating equipment that displays
28    the number of  ballots  counted  by  the  equipment.   Public
29    counters shall not display any vote totals.
30        "Redundant  count"  means  a verification of the original
31    computer count by another count using compatible equipment or
32    by hand as part of a discovery recount.
33        "Security punch" means a punch placed on a ballot card to
34    identify to the computer program the offices and propositions
 
                            -17-              LRB9205523JMmbA
 1    for which votes may be cast and to  indicate  the  manner  in
 2    which  votes  cast  should  be  tabulated  while negating any
 3    inadmissable votes.
 4        "Security sleeve" or "security envelope" means an  opaque
 5    envelope  or  sleeve  into which a voted ballot card shall be
 6    inserted that fully covers all votes cast on the  ballot  and
 7    that  permits  the  ballot  to be inserted into the automatic
 8    tabulating equipment  from  within  the  envelope  or  sleeve
 9    without public observation of the votes cast on the ballot.
10        "Undervote"  means  a ballot that does not contain a vote
11    that can be read by automatic tabulating equipment for any of
12    the candidates in  a  contested  election  appearing  on  the
13    ballot.
14        "Voting  defect" means an overvoted ballot, a ballot that
15    cannot be read by automatic tabulating equipment, or a ballot
16    that does not contain the initials of a judge of election.
17        "Voting defect identification" means  the  capability  to
18    detect ballots that contain a voting defect.
19    (Source: P.A. 86-867.)

20        (10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1)
21        Sec.  24A-6.1.   In  all  elections conducted pursuant to
22    this Article, ballot cards shall have a security  punch.   In
23    precincts  where  more  than  one ballot configuration may be
24    voted upon, ballot cards  shall  have  a  different  security
25    punch  for each ballot configuration.  If a precinct has only
26    one possible ballot configuration, the ballot cards must have
27    a security punch to  identify  the  election.   Where  ballot
28    cards  from  more  than  one  precinct  are  being tabulated,
29    precinct header cards or program cards shall  also  be  used:
30    official  results  shall not be generated unless the precinct
31    identification of the header cards or program cards  for  any
32    precinct  correspond.   Where  the tabulating equipment being
33    used requires  entering  the  program  immediately  prior  to
 
                            -18-              LRB9205523JMmbA
 1    tabulating  the  ballot cards for each precinct, the precinct
 2    program may be used in lieu of header cards.
 3    (Source: P.A. 82-1014.)

 4        (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
 5        Sec. 24A-7.  A separate write-in ballot, which may be  in
 6    the  form  of a paper ballot, card, extended stub of a ballot
 7    card, security or envelope, or security sleeve in  which  the
 8    elector  places  his  ballot  card  after  voting,  shall  be
 9    designated   and   provided  by  the  election  authority  if
10    necessary to permit electors to write in the names of persons
11    whose names are not on the ballot. The ballots, ballot cards,
12    and security ballot card envelopes or  sleeves  may,  at  the
13    discretion  of  the  election  authority, be printed on white
14    paper and then striped with the appropriate colors.  When  an
15    electronic voting system is used which utilizes a ballot stub
16    of  the  ballot card, each ballot card envelope shall contain
17    the write-in form and information required by Section 16-3 of
18    this Act.
19    (Source: P.A. 83-110.)

20        (10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
21        Sec. 24A-8.   The  county  clerk  or  board  of  election
22    commissioners,  as  the  case may be, shall cause the marking
23    devices to be put in order, set, adjusted and made ready  for
24    voting  when  delivered  to  the  polling  places. Before the
25    opening of the polls the judges of election shall compare the
26    ballots used in the marking devices with the specimen ballots
27    furnished and see that the names, numbers and letters thereon
28    agree and shall certify thereto  on  forms  provided  by  the
29    county  clerk or board of election commissioners, as the case
30    may be.
31        In addition, in those polling  places  where  in-precinct
32    counting  equipment is utilized, the judges of election shall
 
                            -19-              LRB9205523JMmbA
 1    make  an  operational  check  of  the  automatic   tabulating
 2    equipment   before   the   opening   of  the  polls.   Either
 3    instructions for  activating  the  precincts  program  memory
 4    medium  or  a  precinct  identification  card provided by the
 5    election  authority  shall  be  entered  into  the  automatic
 6    tabulating equipment to ensure that the totals are all zeroes
 7    in the count column on the printing unit.
 8        Pollwatchers as provided by law  shall  be  permitted  to
 9    closely  observe  the  judges  in  these  procedures  and  to
10    periodically  inspect  the  equipment  when not in use by the
11    voters to see that the ballot labels are in  proper  position
12    and have not been marked upon or mutilated.
13    (Source: P.A. 82-1014.)

14        (10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
15        Sec.  24A-9.  Prior  to  the  public  test,  the election
16    authority  shall  conduct  an  errorless  pre-test   of   the
17    automatic  tabulating equipment and program to ascertain that
18    they will correctly count the votes cast for all offices  and
19    all  measures.  On  any day not less than 5 days prior to the
20    election day, the election authority shall publicly test  the
21    automatic  tabulating equipment and program to ascertain that
22    they will correctly count the votes cast for all offices  and
23    on  all  measures. Public notice of the time and place of the
24    test shall be given  at  least  48  hours  prior  thereto  by
25    publication  once  in one or more newspapers published within
26    the election jurisdiction of  the  election  authority  if  a
27    newspaper  is  published therein, otherwise in a newspaper of
28    general circulation therein. Timely  written  notice  stating
29    the  date, time and location of the public test shall also be
30    provided to the State Board of Elections. The test  shall  be
31    open  to representatives of the political parties, the press,
32    representatives of the State  Board  of  Elections,  and  the
33    public.   The   test  shall  be  conducted  by  processing  a
 
                            -20-              LRB9205523JMmbA
 1    preaudited group of ballots so punched or marked as to record
 2    a predetermined number of valid votes for each candidate  and
 3    on  each  measure,  and  shall include for each office one or
 4    more ballots which have votes in excess of the number allowed
 5    by law  in  order  to  test  the  ability  of  the  automatic
 6    tabulating  equipment  to  reject such votes. Such test shall
 7    also include the use of precinct  header  cards  or  precinct
 8    program  memory  medium  and may include the production of an
 9    edit  listing.  In   those   election   jurisdictions   where
10    in-precinct  counting equipment is utilized, a public test of
11    both such equipment and program shall be conducted as  nearly
12    as  possible  in the manner prescribed above. The State Board
13    of Elections may select as many election jurisdictions as the
14    Board deems  advisable  in  the  interests  of  the  election
15    process of this State in which to order a special test of the
16    automatic  tabulating  equipment  and  program  prior  to any
17    regular election. The Board may order a special test  in  any
18    election  jurisdiction  where,  during  the  preceding twelve
19    months, computer programming errors or other  errors  in  the
20    use  of electronic voting systems resulted in vote tabulation
21    errors. Not less than 30 days  prior  to  any  election,  the
22    State  Board  of  Elections  shall  provide written notice to
23    those selected jurisdictions of their  intent  to  conduct  a
24    test.   Within  5  days  of  receipt  of  the  State Board of
25    Elections' written notice of intent to conduct  a  test,  the
26    selected  jurisdictions shall forward to the principal office
27    of the State Board  of  Elections  a  copy  of  all  specimen
28    ballots.  The  State  Board  of  Elections'  tests  shall  be
29    conducted  and  completed  not  less than 2 days prior to the
30    public test utilizing testing materials supplied by the Board
31    and under the supervision of the Board, and the  Board  shall
32    reimburse  the  election authority for the reasonable cost of
33    computer  time required to conduct the special  test.   After
34    an  errorless  test,  materials  used  in  the  public  test,
 
                            -21-              LRB9205523JMmbA
 1    including  the  program,  if appropriate, shall be sealed and
 2    remain so until the test is run again on election day. If any
 3    error is detected, the cause therefor  shall  be  ascertained
 4    and  corrected  and  an  errorless  public test shall be made
 5    before the automatic tabulating equipment is approved.   Each
 6    election  authority  shall  file a sealed copy of each tested
 7    program to be used within its  jurisdiction  at  an  election
 8    with the State Board of Elections prior to the election.  The
 9    Board  shall secure the program  or programs of each election
10    jurisdiction so filed in its office for the 60 days following
11    the canvass and proclamation of election  results.  Upon  the
12    expiration  of  that  time,  if no election contest or appeal
13    therefrom is pending in an election jurisdiction,  the  Board
14    shall  return  the sealed program or programs to the election
15    authority of  the  jurisdiction.   Except  where  in-precinct
16    counting  equipment  is  utilized, the test shall be repeated
17    immediately before the start of the  official  count  of  the
18    ballots,  in  the  same  manner as set forth above. After the
19    completion of the count, the test shall be re-run  using  the
20    same  program.   An election jurisdiction that was employing,
21    as of January 1, 1983,  an  electronic  voting  system  that,
22    because   of  its  design,  is  not  technically  capable  of
23    compliance with such a  post-tabulation  testing  requirement
24    shall  satisfy  the  post-tabulation  testing  requirement by
25    conducting the post-tabulation test on  a  duplicate  program
26    until  such  electronic  voting  system  is replaced or until
27    November  1,  1992,  whichever  is  earlier.      Immediately
28    thereafter  the ballots, all material employed in testing the
29    program and the program shall be sealed  and  retained  under
30    the  custody  of  the  election  authority for a period of 60
31    days. At the expiration of that time the  election  authority
32    shall  destroy  the  voted  ballot  cards,  together with all
33    unused ballots returned from the precincts. Provided, if  any
34    contest  of  election  is  pending at such time in which such
 
                            -22-              LRB9205523JMmbA
 1    ballots  may  be  required  as  evidence  and  such  election
 2    authority has notice thereof, the same shall not be destroyed
 3    until after such contest is finally determined. If the use of
 4    back-up  equipment  becomes  necessary,  the   same   testing
 5    required for the original equipment shall be conducted.
 6    (Source: P.A. 86-873; 86-874; 86-1028; 87-1052.)

 7        (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
 8        Sec.   24A-10.1.    In  an  election  jurisdiction  where
 9    in-precinct counting equipment  is  utilized,  the  following
10    procedures for counting and tallying the ballots set forth in
11    this Section and in Section 24A-14 shall apply, provided that
12    the  election  authority  shall  elect  whether  to  use  the
13    procedures  of subsection (a) or the procedures of subsection
14    (b).:
15        (a)  Voter ballot insertion during poll hours.
16             (1)  In precincts where the election  authority  has
17        authorized  voters  to insert their ballots directly into
18        the automatic tabulating  equipment,  the  procedures  of
19        this  subsection  (a)  and, to the extent applicable, the
20        procedures of subsection (c) shall apply.
21             (2)  The in-precinct counting equipment shall be set
22        to count each ballot for candidates and  for  or  against
23        propositions  to  be voted upon as the ballot is inserted
24        into  the  automatic  tabulating   equipment,   and   the
25        equipment shall internally tally accurate vote totals for
26        all   such  candidates  and  for  and  against  all  such
27        propositions. Before the opening of the polls and  before
28        ballots  are  entered  into  the  counting equipment, the
29        judges of election shall turn on the automatic tabulating
30        equipment, activate the precinct program  memory  medium,
31        and verify that the public counter is set at zero.
32             (3)  After  the  polls have been declared open, each
33        ballot shall be inserted into  the  automatic  tabulating
 
                            -23-              LRB9205523JMmbA
 1        equipment  by  the  voter immediately after the voter has
 2        completed marking his or her ballot and placing it  in  a
 3        security   envelope  or  sleeve.   The  ballot  shall  be
 4        inserted into the  automatic  tabulating  equipment  from
 5        within  the  security  envelope  or sleeve without public
 6        observation of the votes cast on the ballot.  The  judges
 7        of  election  shall not handle any voted ballot except as
 8        provided in  this  Code  for  uninitialed,  spoiled,  and
 9        defective  and  damaged ballots.  Each voted ballot shall
10        be deposited into a secure ballot box  immediately  after
11        it   has   been   counted  by  the  automatic  tabulating
12        equipment.
13             (4)  In precincts  where  the  automatic  tabulating
14        equipment  has  voting  defect identification capability,
15        the equipment may be set to automatically return  to  the
16        voter  any ballot that does not contain a judge's initial
17        in the area required by this  Code.   If  the  judges  of
18        election  reasonably  believe that the failure to initial
19        the ballot was due to an error by the judges and that  no
20        fraud  or  other  irregularity has occurred affecting the
21        integrity of  the  ballots,  the  ballot  shall  then  be
22        initialed   by   one   of  the  judges  of  election  and
23        re-inserted by the voter into  the  automatic  tabulating
24        equipment.    Otherwise,   the  ballot  shall  be  marked
25        "Spoiled Ballot", initialed  by  all  judges  immediately
26        under  the  words "Spoiled Ballot", and not counted.  The
27        judges shall initial and issue a new ballot to the  voter
28        in  lieu  of  the original "Spoiled Ballot" and the voter
29        shall then be permitted to vote the new ballot.
30                  If   the   precinct's   automatic    tabulating
31        equipment  does  not  have  voting  defect identification
32        capability  or  the  election  authority  elects  not  to
33        activate the voting defect identification  capability  to
34        detect  and  return uninitialed ballots, such uninitialed
 
                            -24-              LRB9205523JMmbA
 1        ballots shall be treated in the same manner  as  provided
 2        for  uninitialed  ballots  in  subsection  (c)(3) of this
 3        Section.
 4             (5)  In precincts  where  the  automatic  tabulating
 5        equipment  has  voting  defect identification capability,
 6        the counting equipment may be set to automatically return
 7        to the voter any ballot on which the number of votes  for
 8        an office or proposition exceeds the number of votes that
 9        the voter is entitled to cast.  If the voter, after being
10        informed  that  an  overvote  has occurred, determines to
11        have the ballot counted despite containing  an  overvote,
12        the automatic tabulating equipment shall be set to accept
13        the   ballot   and   count   the  votes  for  or  against
14        propositions and for candidates  for  offices  for  which
15        there  is  no  overvote.  If the voter determines to have
16        the overvoted ballot rejected and to vote a  new  ballot,
17        the  original  ballot  shall  be marked "Spoiled Ballot",
18        initialed by  all  judges  immediately  under  the  words
19        "Spoiled  Ballot",  and  not  counted.   The judges shall
20        issue a new ballot to the voter in lieu of  the  original
21        "Spoiled Ballot" and the voter shall then be permitted to
22        vote the new ballot.
23             If  the  precinct's  automatic  tabulating equipment
24        does not have voting defect identification capability  or
25        the  election authority elects not to activate the voting
26        defect identification capability to detect and return  an
27        overvoted   ballots,  such  overvoted  ballots  shall  be
28        treated in the same  manner  as  provided  for  overvoted
29        ballots in subsection (c)(4) of this Section.
30             (6)  In  precincts  where  the  automatic tabulating
31        equipment has voting  defect  identification  capability,
32        the  in-precinct  counting equipment may be set to return
33        any ballot  that  is  damaged  or  defective  and  cannot
34        properly  be  read by the automatic tabulating equipment.
 
                            -25-              LRB9205523JMmbA
 1        The ballot shall be marked "Spoiled Ballot", initialed by
 2        all judges immediately under the words "Spoiled  Ballot",
 3        and  not  counted.   The judges shall initial and issue a
 4        new ballot to the voter in lieu of the original  "Spoiled
 5        Ballot" and the voter shall then be permitted to vote the
 6        new ballot.
 7             If  the  precinct's  automatic  tabulating equipment
 8        does not have voting defect identification capability  or
 9        the  election authority elects not to activate the voting
10        defect identification capability to detect and return any
11        ballot that is damaged or defective and  cannot  properly
12        be  counted  by  the automatic tabulating equipment, such
13        damaged or defective ballots shall be treated in the same
14        manner as provided for damaged and defective  ballots  in
15        subsection (c)(6) of this Section.
16             (7)  In  precincts  where  the  automatic tabulating
17        equipment has voting  defect  identification  capability,
18        the counting equipment may be set to automatically return
19        to  the  voter any ballot on which there is an undervote.
20        If the voter, after being informed that an undervote  has
21        occurred,  determines  to have the ballot counted despite
22        containing  an  undervote,   the   automatic   tabulating
23        equipment shall be set to accept the ballot and count the
24        votes  for or against propositions and for candidates for
25        offices for which there is no undervote.   If  the  voter
26        determines  to have the undervoted ballot rejected and to
27        vote a new ballot, the original ballot  shall  be  marked
28        "Spoiled  Ballot",  initialed  by  all judges immediately
29        under the words "Spoiled Ballot", and not  counted.   The
30        judges  shall  issue a new ballot to the voter in lieu of
31        the original "Spoiled Ballot" and the voter shall then be
32        permitted to vote the new ballot. If the voter determines
33        to continue voting on the original undervoted ballot, the
34        voter may return to a voting  area  and  cast  additional
 
                            -26-              LRB9205523JMmbA
 1        votes.
 2             (8)  Immediately  after the closing of the polls and
 3        after the insertion of absentee ballots  entitled  to  be
 4        counted,  the  automatic  tabulating  equipment  shall be
 5        locked against further processing of ballots and the vote
 6        totals shall be displayed and read.
 7             (9)  Throughout the  election  day  and  before  the
 8        close of the polls, no person shall be permitted to check
 9        for  vote  totals for any candidate or proposition on the
10        automatic  tabulating  equipment.   However,  any  voter,
11        judge of election, or poll watcher may examine the number
12        of counted ballots shown on the  public  counter  of  the
13        automatic  tabulating  equipment when the polls are open.
14        During the time that polling places are open for  voting,
15        no  person  may  reset  the equipment for re-insertion of
16        ballots except upon the  specific  authorization  of  the
17        election  authority;  the  automatic tabulating equipment
18        shall be programmed to prevent such  re-insertion  unless
19        provided  a  code  by an authorized representative of the
20        election  authority.    If   the   automatic   tabulating
21        equipment  becomes inoperative during voting hours, until
22        such  time  as  it  is  repaired  and  restarted   by   a
23        representative  of  the  election  authority,  the voters
24        shall deposit their voted ballots into the secure portion
25        of  the  supply  carrier  case  or  other  secure  ballot
26        container supplied by  the  election  authority  and  the
27        judges of election shall open the container used for this
28        purpose  only after the close of the polls and shall then
29        insert each of the deposited ballots into  the  automatic
30        tabulating equipment to be tallied.
31        (b)  Ballot insertion by judges after close of the polls.
32             (1)  In  precincts  where the election authority has
33        not authorized voters to insert  their  ballots  directly
34        into  the  automatic  tabulating equipment during polling
 
                            -27-              LRB9205523JMmbA
 1        place hours, the procedures of this subsection  (b)  and,
 2        to  the  extent  applicable, the procedures of subsection
 3        (c) shall apply.
 4             (2)  In such  precincts,  the  in-precinct  counting
 5        equipment  shall be programmed as set forth in subsection
 6        (a)(2).  Before the opening of the polls, the  judges  of
 7        election shall turn on the automatic tabulating equipment
 8        and verify that the public counter is set at zero.
 9             (3)  After  the  polls have been declared open, each
10        voted ballot shall be placed into a security envelope  or
11        security  sleeve  by the voter and shall be handed by the
12        voter to a judge  of  election,  who  shall  deposit  the
13        ballot  within  the  security  envelope  or sleeve into a
14        secure ballot box.
15        (c)  Procedures after the close of the polls.
16             (1)  Immediately after the closing of the polls, the
17        absentee ballots delivered  to  the  precinct  judges  of
18        election  by  the election authority shall be examined to
19        determine that such ballots comply with Sections 19-9 and
20        20-9 of this Act and are entitled to be deposited in  the
21        ballot  box; those entitled to be deposited in the ballot
22        box shall be initialed by the precinct judges of election
23        and deposited in the ballot box.  Those not  entitled  to
24        be deposited in the ballot box shall be marked "Rejected"
25        and  disposed  of  as  provided in said Sections 19-9 and
26        20-9.
27             (2)  The precinct judges of election shall open  the
28        ballot  box  and  count  the number of ballots therein to
29        determine if such number agrees with the number of voters
30        voting as shown by the automatic tabulating equipment, by
31        the public counter on the automatic tabulating  equipment
32        where  available, and by applications for ballot. or,  If
33        the same do not agree, the judges of election shall  make
34        such  ballots  agree  with the applications for ballot in
 
                            -28-              LRB9205523JMmbA
 1        the manner provided by Section 17-18 of this Code Act.
 2             (3)  The judges of election shall then  examine  all
 3        ballot  cards  and ballot card envelopes which are in the
 4        ballot box to determine  whether  the  ballot  cards  and
 5        ballot  card envelopes contain the initials of a precinct
 6        judge of election.  If any ballot  card  or  ballot  card
 7        envelope is not initialed, it shall be marked on the back
 8        "Defective",  initialed  as  to  such label by all judges
 9        immediately under the word "Defective" and  not  counted.
10        The  judges  of  election  shall place an initialed blank
11        official ballot card in the place of the defective ballot
12        card, so that the count of the ballot cards to be counted
13        on the automatic tabulating equipment will be  the  same,
14        and  each  "Defective Ballot" card and "Replacement" card
15        shall contain the  same  serial  number  which  shall  be
16        placed thereon by the judges of election, commencing with
17        number  1 and continuing consecutively for the ballots of
18        that kind in that precinct. The original "Defective" card
19        shall  be  placed  in  the  "Defective  Ballot  Envelope"
20        provided for that purpose.
21             (4)  When an electronic voting system is used  which
22        utilizes  a  ballot card, Before separating the remaining
23        ballot cards from their respective covering envelopes  or
24        sleeves,  the judges of election shall examine the ballot
25        cards, ballot  card  envelopes,  ballot  card  stubs,  or
26        security  sleeves for write-in votes.  When the voter has
27        cast a  write-in  vote,  the  judges  of  election  shall
28        compare  the  write-in  vote with the votes on the ballot
29        card to determine whether such  write-in  results  in  an
30        overvote  for  any office unless the automatic tabulating
31        equipment has already done so.  In case  of  an  overvote
32        for  any  office,  the  judges of election, consisting in
33        each case of at least one judge of election  of  each  of
34        the   2  major  political  parties,  shall  make  a  true
 
                            -29-              LRB9205523JMmbA
 1        duplicate ballot of all votes on such ballot card  except
 2        for  the  office  which is overvoted, by using the ballot
 3        label booklet of the precinct  and  one  of  the  marking
 4        devices  of  the  precinct so as to transfer all votes of
 5        the  voter,  except  for  the  office  overvoted,  to   a
 6        duplicate  card.   The  original ballot card and envelope
 7        upon which there is an overvote shall be clearly  labeled
 8        "Overvoted  Ballot",  and each such "Overvoted Ballot" as
 9        well as its "Replacement" shall contain the  same  serial
10        number  which  shall  be  placed thereon by the judges of
11        election,  commencing  with  number  1   and   continuing
12        consecutively  for  the  ballots  of  that  kind  in that
13        precinct.    The  "Overvoted  Ballot"  card  and   ballot
14        envelope shall be placed in an envelope provided for that
15        purpose  labeled  "Duplicate  Ballot"  envelope,  and the
16        judges of election shall initial the "Replacement" ballot
17        cards and shall place them with the other ballot cards to
18        be  counted  on  the  automatic   tabulating   equipment.
19        Envelopes,  ballot  cards, ballot card stubs, or security
20        envelopes or sleeves containing write-in votes marked  in
21        the place designated therefor and containing the initials
22        of  a  precinct judge of election and not resulting in an
23        overvote and otherwise complying with the  election  laws
24        as  to  marking  shall  be  counted and tallied and their
25        votes recorded on a tally sheet provided by the  election
26        authority.
27             The  ballot  cards  and  ballot  card  envelopes  or
28        sleeves shall be separated in preparation for counting by
29        the  automatic  tabulating  equipment  provided  for that
30        purpose by the election authority.
31             (5)  In precincts where the election  authority  has
32        elected  to authorize voter insertion of ballots pursuant
33        to subsection (a) of  this  Section,  after  closing  the
34        polls  and  examining  the  absentee  ballots pursuant to
 
                            -30-              LRB9205523JMmbA
 1        subsection (c)(1) of this Section, the judges of election
 2        shall insert into the automatic tabulating equipment  all
 3        absentee ballots entitled to be counted.  Thereafter, the
 4        judges  of  election  shall  generate vote totals for all
 5        candidates and propositions.  However, if the  judges  of
 6        election  have  removed  a  ballot  from  the  ballot box
 7        pursuant to Section 17-18,  have  labeled  "Defective"  a
 8        ballot   which   is  not  initialed,  or  have  otherwise
 9        determined  under  this  Code  to  not  count  a   ballot
10        originally  deposited  into  a  ballot box, the judges of
11        election  shall  reset  the  totals  on   the   automatic
12        tabulating  equipment  to  all  zeroes.   Thereafter  the
13        judges  of election shall enter each ballot to be counted
14        in the automatic tabulating equipment.  Resetting of  the
15        automatic   tabulating   equipment   to   all  zeros  and
16        re-inserting of ballots to be counted may  occur  at  the
17        polling  place,  the office of the election authority, or
18        any  receiving  station  designated   by   the   election
19        authority.   The  election  authority shall designate the
20        place  for  resetting  the  equipment  and   re-inserting
21        ballots.
22             (6)  In  precincts  where the election authority has
23        elected to authorize the  insertion  of  ballots  by  the
24        judges  after  the  close of polls pursuant to subsection
25        (b) of this Section, before the ballots are entered  into
26        the    automatic   tabulating   equipment,   a   precinct
27        identification card  or  program  card  provided  by  the
28        election  authority  shall be entered or instructions for
29        activating the precinct program memory  medium  shall  be
30        followed  into  the  device to ensure that the totals are
31        all zeroes in the equipment, including  where  applicable
32        in  the  count  column  on  the printing unit. A precinct
33        judge  of  election  shall  then  count  the  ballots  by
34        entering each ballot card into the  automatic  tabulating
 
                            -31-              LRB9205523JMmbA
 1        equipment, and if any ballot or ballot card is damaged or
 2        defective  so  that  it cannot properly be counted by the
 3        automatic tabulating equipment, the judges  of  election,
 4        consisting in each case of at least one judge of election
 5        of  each  of  the 2 major political parties, shall make a
 6        true duplicate ballot of all votes on such ballot card by
 7        using the ballot label booklet of the precinct and one of
 8        the marking devices of the precinct.  The original ballot
 9        or ballot card and  envelope  shall  be  clearly  labeled
10        "Damaged  Ballot"  and  the  ballot  or  ballot  card  so
11        produced  shall  be  clearly  labeled  "Duplicate Damaged
12        Ballot", and each shall contain the  same  serial  number
13        which  shall be placed thereon by the judges of election,
14        commencing with number 1 and continuing consecutively for
15        the ballots of that kind in the precinct.  The judges  of
16        election  shall  initial  the  "Duplicate Damaged Ballot"
17        ballot or ballot cards  and  shall  enter  the  duplicate
18        damaged  cards  into  the automatic tabulating equipment.
19        The  "Damaged  Ballot"  cards  shall  be  placed  in  the
20        "Duplicated Ballots" envelope;  after  all  ballot  cards
21        have been successfully read, the judges of election shall
22        check to make certain that the last number printed by the
23        printing  unit is the same as the number of voters making
24        application for ballot in  that  precinct.    The  number
25        shall  be  listed  on  the  "Statement  of  Ballots" form
26        provided by the election authority.
27             (7)  The totals for all candidates and  propositions
28        shall  be  tabulated;  4  sets shall be attached to the 4
29        sets of "Certificate of Results", which may be  generated
30        by  the  automatic  tabulating equipment, provided by the
31        election  authority;  one  set  shall  be  posted  in   a
32        conspicuous  place  inside  the  polling place; and every
33        effort shall be made by the judges of election to provide
34        a set for each authorized pollwatcher or  other  official
 
                            -32-              LRB9205523JMmbA
 1        authorized  to be present in the polling place to observe
 2        the counting of ballots; but in no case shall the  number
 3        of  sets  to  be  made available to pollwatchers be fewer
 4        than 4, chosen by lot by  the  judges  of  election.   In
 5        addition, sufficient time shall be provided by the judges
 6        of  election  to  the  pollwatchers to allow them to copy
 7        information from the set which has been posted.
 8             (8)  The judges of election shall count  all  unused
 9        ballot  cards  and  enter the number on the "Statement of
10        Ballots".  All "Spoiled",  "Defective"  and  "Duplicated"
11        ballot  cards  shall be counted and the number entered on
12        the "Statement of Ballots".
13             (9)  The precinct judges of election shall select  a
14        bi-partisan  team  of  2  judges,  who  shall immediately
15        return the ballots in a sealed container, along with  all
16        other  election  materials  as instructed by the election
17        authority; provided, however, that  such  container  must
18        first be sealed by the election judges with filament tape
19        provided  for  such purpose which shall be wrapped around
20        the container lengthwise and crosswise,  at  least  twice
21        each  way,  in  such  manner  that  the ballots cannot be
22        removed from such container without breaking the seal and
23        filament tape and disturbing any  signatures  affixed  by
24        the  election  judges  to  the  container.  The  election
25        authority   shall   keep   the  office  of  the  election
26        authority, or any receiving stations designated  by  such
27        authority,  open  for at least 12 consecutive hours after
28        the polls close or until the ballots from  all  precincts
29        with    in-precinct   counting   equipment   within   the
30        jurisdiction of the election authority have been returned
31        to the election authority. Ballots returned to the office
32        of the election authority which are not signed and sealed
33        as required by law shall not be accepted by the  election
34        authority  until  the  judges returning the same make and
 
                            -33-              LRB9205523JMmbA
 1        sign the necessary corrections. Upon  acceptance  of  the
 2        ballots  by  the election authority, the judges returning
 3        the same shall take a  receipt  signed  by  the  election
 4        authority  and  stamped  with  the  time and date of such
 5        return. The election judges whose duty it  is  to  return
 6        any  ballots  as herein provided shall, in the event such
 7        ballots cannot be found when needed, on  proper  request,
 8        produce  the  receipt  which  they  are  to take as above
 9        provided.
10    (Source: P.A. 83-1362.)

11        (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
12        Sec. 24A-14. Damaged ballots; duplicates.
13        (a)  In  precincts  that  do  not   utilize   in-precinct
14    automatic   tabulating   equipment   having   voting   defect
15    identification  capability, the procedures of this subsection
16    shall apply. If any ballot is damaged or defective so that it
17    cannot  properly  be  counted  by  the  automatic  tabulating
18    equipment, a true duplicate copy shall be made of the damaged
19    ballot in the presence of witnesses and substituted  for  the
20    damaged ballot. Likewise, a duplicate ballot shall be made of
21    a defective ballot which shall not include the invalid votes.
22    All  duplicate  ballots shall be clearly labeled "duplicate",
23    shall bear a serial number which shall be registered  on  the
24    damaged  or defective ballot, and shall be counted in lieu of
25    the damaged or defective ballot.
26        (b)  In  precincts  that  utilize  in-precinct  automatic
27    tabulating  equipment  having  voting  defect  identification
28    capability and in which voters insert their ballots into  the
29    automatic  tabulating  equipment, if any ballot is damaged or
30    defective so that  it  cannot  properly  be  counted  by  the
31    automatic  tabulating equipment, that ballot shall be treated
32    as a spoiled ballot, and the voter shall be  provided  a  new
33    ballot  to  vote,  which  shall  be  initialed  by a judge of
 
                            -34-              LRB9205523JMmbA
 1    election.
 2    (Source: Laws 1965, p. 2220.)

 3        (10 ILCS 5/24B-2)
 4        Sec. 24B-2.  Definitions.  As used in this Article:
 5        "Computer",   "automatic   tabulating    equipment"    or
 6    "equipment"  includes  apparatus  necessary  to automatically
 7    examine and count votes as designated on  ballots,  and  data
 8    processing  machines  which  can be used for counting ballots
 9    and tabulating results.
10        "Ballot" means paper ballot sheets.
11        "Ballot configuration" means the  particular  combination
12    of   political   subdivision   ballots  including,  for  each
13    political subdivision, the particular combination of offices,
14    candidate names and questions as it appears for each group of
15    voters who may cast the same ballot.
16        "Ballot sheet" means a paper ballot  printed  on  one  or
17    both  sides  which  is  (1) designed and prepared so that the
18    voter may indicate his or  her  votes  in  designated  areas,
19    which  must  be areas clearly printed or otherwise delineated
20    for such purpose, and (2) capable of having votes  marked  in
21    the  designated  areas  automatically  examined, counted, and
22    tabulated by an electronic scanning process.
23        "Central counting" means the counting of ballots  in  one
24    or  more locations selected by the election authority for the
25    processing or counting, or both, of ballots.  A location  for
26    central counting shall be within the territorial jurisdiction
27    of  the  election  authority  unless  there  is  no  suitable
28    tabulating   equipment   available   within  his  territorial
29    jurisdiction.  However, in  any  event  a  counting  location
30    shall be within this State.
31        "Computer   operator"   means   any   person  or  persons
32    designated by the election authority to operate the automatic
33    tabulating equipment during any portion of the vote  tallying
 
                            -35-              LRB9205523JMmbA
 1    process  in  an  election,  but  shall  not include judges of
 2    election operating vote tabulating equipment in the precinct.
 3        "Computer  program"  or  "program"  means  the   set   of
 4    operating instructions for the automatic tabulating equipment
 5    that  examines, counts, tabulates, canvasses and prints votes
 6    recorded by a voter on a ballot.
 7        "Edit listing" means a computer generated listing of  the
 8    names of each candidate and proposition as they appear in the
 9    program for each precinct.
10        "Header  sheet" means a data processing document which is
11    coded to indicate to the computer the  precinct  identity  of
12    the  ballots that will follow immediately and may indicate to
13    the computer how such ballots are to be tabulated.
14        "In-precinct counting" means the counting of  ballots  on
15    automatic  tabulating  equipment  provided  by  the  election
16    authority  in  the same precinct polling place in which those
17    ballots have been cast.
18        "Marking device" means a pen or similar  device  approved
19    by  the  State  Board of Elections for marking a paper ballot
20    with ink or other substance which will enable the  ballot  to
21    be  tabulated  by  automatic  tabulating  equipment  or by an
22    electronic scanning process.
23        "Precinct Tabulation Optical Scan Technology"  means  the
24    capability  to  examine a ballot through electronic means and
25    tabulate the votes at one or more counting places.
26        "Redundant count" means a verification  of  the  original
27    computer count by another count using compatible equipment or
28    by hand as part of a discovery recount.
29        "Security designation" means a printed designation placed
30    on  a  ballot to identify to the computer program the offices
31    and propositions for which votes may be cast and to  indicate
32    the  manner  in  which  votes  cast should be tabulated while
33    negating any inadmissible votes.
34        "Separate ballot", with respect to ballot sheets, means a
 
                            -36-              LRB9205523JMmbA
 1    separate portion of the ballot sheet which is clearly defined
 2    by a border or borders or shading.
 3        "Voting defect identification" means  the  capability  to
 4    detect  overvoted  ballots  that  contain  a voting defect or
 5    ballots which cannot be  read  by  the  automatic  tabulating
 6    equipment.
 7        "Voting  defects"  means an overvoted ballot, or a ballot
 8    which cannot be read by the automatic  tabulating  equipment,
 9    or  a ballot that does not contain the initials of a judge of
10    election.
11        "Voting system" or "electronic voting system" means  that
12    combination  of  equipment  and programs used in the casting,
13    examination and tabulation of ballots and the cumulation  and
14    reporting of results by electronic means.
15    (Source: P.A. 89-394, eff. 1-1-97.)

16        (10 ILCS 5/24B-10.1)
17        Sec.    24B-10.1.     In-Precinct   Counting   Equipment;
18    Procedures for Counting and Tallying Ballots.  In an election
19    jurisdiction   where   Precinct   Tabulation   Optical   Scan
20    Technology  counting  equipment  is   used,   the   following
21    procedures for counting and tallying the ballots shall apply:
22        (a)  The  in-precinct  counting equipment shall be set to
23    count  each  ballot  for  candidates  and  for   or   against
24    propositions  to be voted upon as the ballot is inserted into
25    the automatic tabulating equipment, and the  equipment  shall
26    internally tally accurate vote totals for all such candidates
27    and for and against all such propositions. Before the opening
28    of  the  polls,  and  before the ballots are entered into the
29    automatic tabulating equipment, the judges of election  shall
30    turn  on  the  automatic  tabulating  equipment, activate the
31    precinct program memory medium, and verify  that  the  public
32    counter  is set at zero shall be sure that the totals are all
33    zeros in the counting column.  Ballots may then be counted by
 
                            -37-              LRB9205523JMmbA
 1    entering each ballot into the automatic tabulating equipment.
 2        After the polls have  been  declared  open,  each  ballot
 3    shall  be inserted into the automatic tabulating equipment by
 4    the voter immediately after the voter has  completed  marking
 5    his  or  her  ballot.   The ballot shall be inserted into the
 6    automatic tabulating equipment without public observation  of
 7    the  votes  cast on the ballot.  The judges of election shall
 8    not handle any voted ballot except as provided in  this  Code
 9    for  uninitialed, spoiled, and defective and damaged ballots.
10    Each voted ballot shall be deposited into a secure ballot box
11    immediately after  it  has  been  counted  by  the  automatic
12    tabulating equipment.
13        Immediately  after the closing of the polls and after the
14    insertion of absentee ballots entitled  to  be  counted,  the
15    automatic   tabulating  equipment  shall  be  locked  against
16    further processing of ballots and the vote  totals  shall  be
17    displayed and read.
18        Throughout the election day and before the closing of the
19    polls, no person shall be permitted to may check for any vote
20    totals  for  any  candidate  or  proposition on the automatic
21    tabulating equipment. However, any voter, judge of  election,
22    or  poll  watcher  may  examine the number of counted ballots
23    shown on the  public  counter  of  the  automatic  tabulating
24    equipment  when  the  polls  are  open.  During the time that
25    polling places are open for voting, no person may  reset  the
26    equipment   for  re-insertion  of  ballots  except  upon  the
27    specific  authorization  of  the  election   authority;   the
28    automatic tabulating equipment shall be programmed to prevent
29    such  re-insertion  unless  provided  a code by an authorized
30    representative of the election authority.  If  the  automatic
31    tabulating equipment becomes inoperative during voting hours,
32    until  such  time  as  it  is  repaired  and  restarted  by a
33    representative of the election authority,  the  voters  shall
34    deposit  their  voted  ballots into the secure portion of the
 
                            -38-              LRB9205523JMmbA
 1    supply carrier case or other secure ballot container supplied
 2    by the election authority and the judges  of  election  shall
 3    open the container used for this purpose only after the close
 4    of  the  polls  and  shall  then insert each of the deposited
 5    ballots  into  the  automatic  tabulating  equipment  to   be
 6    tallied.   Such   automatic  tabulating  equipment  shall  be
 7    programmed so that no person  may  reset  the  equipment  for
 8    refeeding   of   ballots  unless  provided  a  code  from  an
 9    authorized representative of the election authority.  At  the
10    option of the election authority, the ballots may be inserted
11    fed  into  the  Precinct  Tabulation  Optical Scan Technology
12    equipment by the voters under the direct supervision  of  the
13    judges of elections.
14        (b)  In  addition  to the provisions of subsection (a) of
15    this  Section,  if  the  in-precinct   automatic   tabulating
16    equipment  has the capability to identify voting defects, the
17    election authority may develop and  implement  procedures  to
18    utilize one or more of the following options:
19             (1)  The  equipment  may  be  set  to  automatically
20        return  to  the  voter any ballot that does not contain a
21        judge's initial in the area required by  this  Code.   If
22        the  judges  of  election  reasonably  believe  that  the
23        failure  to initial the ballot was due to an error by the
24        judges and  that  no  fraud  or  other  irregularity  has
25        occurred  affecting  the  integrity  of  the ballots, the
26        ballot shall then be initialed by one of  the  judges  of
27        election  and re-inserted by the voter into the automatic
28        tabulating equipment.  Otherwise,  the  ballot  shall  be
29        marked   "Spoiled   Ballot",   initialed  by  all  judges
30        immediately under the words  "Spoiled  Ballot",  and  not
31        counted.  The judges shall initial and issue a new ballot
32        to the voter in lieu of the original "Spoiled Ballot" and
33        the voter shall then be permitted to vote the new ballot.
34             If the election authority elects not to activate the
 
                            -39-              LRB9205523JMmbA
 1        voting  defect  identification  capability  to detect and
 2        return  uninitialed  ballots,  such  uninitialed  ballots
 3        shall be treated in  the  same  manner  as  provided  for
 4        uninitialed ballots in subsection (c) of this Section.
 5             (2)  The   counting   equipment   may   be   set  to
 6        automatically return to the voter any ballot on which the
 7        number of votes for an office or proposition exceeds  the
 8        number  of  votes  that the voter is entitled to cast. If
 9        the voter, after being  informed  that  an  overvote  has
10        occurred,  determines  to have the ballot counted despite
11        containing  an   overvote,   the   automatic   tabulating
12        equipment shall be set to accept the ballot and count the
13        votes  for or against propositions and for candidates for
14        offices for which there is no  overvote.   If  the  voter
15        determines  to  have the overvoted ballot rejected and to
16        vote a new ballot, the original ballot  shall  be  marked
17        "Spoiled  Ballot",  initialed  by  all judges immediately
18        under the words "Spoiled Ballot", and not  counted.   The
19        judges  shall  issue a new ballot to the voter in lieu of
20        the original "Spoiled Ballot" and the voter shall then be
21        permitted to vote the new ballot.
22             If the election authority elects not to activate the
23        voting defect identification  capability  to  detect  and
24        return overvoted ballots, such overvoted ballots shall be
25        treated  in  the  same  manner  as provided for overvoted
26        ballots in subsection (c) of this Section.
27             (3)  The equipment may be set to return  any  ballot
28        that  is damaged or defective and cannot properly be read
29        by the automatic tabulating equipment. The  ballot  shall
30        be  marked  "Spoiled  Ballot",  initialed  by  all judges
31        immediately under the words  "Spoiled  Ballot",  and  not
32        counted.  The judges shall initial and issue a new ballot
33        to the voter in lieu of the original "Spoiled Ballot" and
34        the voter shall then be permitted to vote the new ballot.
 
                            -40-              LRB9205523JMmbA
 1             If the election authority elects not to activate the
 2        voting  defect  identification  capability  to detect and
 3        return any ballot that is damaged or defective and cannot
 4        properly  be  counted   by   the   automatic   tabulating
 5        equipment,  such  damaged  or  defective ballots shall be
 6        treated in the same manner as provided  for  damaged  and
 7        defective ballots in subsection (c) of this Section.
 8        (c)  Immediately  after  the  closing  of  the polls, the
 9    absentee ballots delivered to the precinct judges of election
10    by the election authority shall be examined to determine that
11    the ballots comply with Sections 19-9 and 20-9 of  this  Code
12    and  are  entitled  to  be scanned by the Precinct Tabulation
13    Optical Scan Technology equipment and then deposited  in  the
14    ballot box; those entitled to be scanned and deposited in the
15    ballot  box  shall  be  initialed  by  the precinct judges of
16    election and then scanned and deposited in  the  ballot  box.
17    Those not entitled to be deposited in the ballot box shall be
18    marked  "Rejected"  and  disposed  of  as  provided  in  said
19    Sections 19-9 and 20-9.
20        The precinct judges of election shall open the ballot box
21    and  count  the  number of ballots to determine if the number
22    agrees with the number of  voters  voting  as  shown  on  the
23    Precinct  Tabulation Optical Scan Technology equipment and by
24    the applications for ballot or, if the same do not agree, the
25    judges of election shall make  the  ballots  agree  with  the
26    applications  for  ballot  in  the manner provided by Section
27    17-18 of this Code.    The  judges  of  election  shall  then
28    examine  all ballots which are in the ballot box to determine
29    whether the ballots contain the initials of a precinct  judge
30    of  election.   If  any  ballot is not initialed, it shall be
31    marked on the back "Defective", initialed as to such label by
32    all judges immediately under the  word  "Defective"  and  not
33    counted.   The  judges  of  election shall place an initialed
34    blank official ballot in the place of the  defective  ballot,
 
                            -41-              LRB9205523JMmbA
 1    so  that  the  count  of  the  ballots  to  be counted on the
 2    automatic tabulating equipment will be  the  same,  and  each
 3    "Defective Ballot" and "Replacement" ballot shall contain the
 4    same  serial  number  which  shall  be  placed thereon by the
 5    judges of election, beginning with number  1  and  continuing
 6    consecutively  for the ballots of that kind in that precinct.
 7    The original  "Defective"  ballot  shall  be  placed  in  the
 8    "Defective Ballot Envelope" provided for that purpose.
 9        If  the judges of election have removed a ballot pursuant
10    to Section 17-18, have labeled "Defective" a ballot which  is
11    not  initialed,  or have otherwise determined under this Code
12    to not count a ballot originally deposited into a ballot box,
13    the judges of election shall be sure that the totals  on  the
14    automatic  tabulating equipment are reset to all zeros in the
15    counting column.  Thereafter the  judges  of  election  shall
16    enter  each  ballot to be counted in the automatic tabulating
17    equipment.  Resetting the automatic tabulating  equipment  to
18    all  zeros and re-entering of ballots to be counted may occur
19    at the precinct polling place, the  office  of  the  election
20    authority,   or  any  receiving  station  designated  by  the
21    election authority.  The election authority  shall  designate
22    the place for resetting and re-entering.
23        When   a  Precinct  Tabulation  Optical  Scan  Technology
24    electronic voting system is used which uses a  paper  ballot,
25    the  judges of election shall examine the ballot for write-in
26    votes.  When the voter has cast a write-in vote,  the  judges
27    of election shall compare the write-in vote with the votes on
28    the  ballot  to  determine whether the write-in results in an
29    overvote for  any  office,  unless  the  Precinct  Tabulation
30    Optical  Scan  Technology  equipment has already done so.  In
31    case of an overvote for any office, the judges  of  election,
32    consisting  in each case of at least one judge of election of
33    each of the 2 major political  parties,  shall  make  a  true
34    duplicate  ballot  of all votes on such ballot except for the
 
                            -42-              LRB9205523JMmbA
 1    office which  is  overvoted,  by  using  the  ballot  of  the
 2    precinct and one of the marking devices of the precinct so as
 3    to  transfer  all  votes  of the voter, except for the office
 4    overvoted, to a duplicate ballot.  The original  ballot  upon
 5    which   there   is  an  overvote  shall  be  clearly  labeled
 6    "Overvoted Ballot", and each such "Overvoted Ballot" as  well
 7    as  its  "Replacement"  shall  contain the same serial number
 8    which shall be placed thereon  by  the  judges  of  election,
 9    beginning  with number 1 and continuing consecutively for the
10    ballots of  that  kind  in  that  precinct.   The  "Overvoted
11    Ballot"  shall  be  placed  in  an envelope provided for that
12    purpose labeled "Duplicate Ballot" envelope, and  the  judges
13    of election shall initial the "Replacement" ballots and shall
14    place  them  with  the  other  ballots  to  be counted on the
15    automatic tabulating equipment.
16        If any ballot is damaged or defective, or if  any  ballot
17    contains  a  Voting  Defect,  so  that  it cannot properly be
18    counted by the automatic tabulating equipment, the  voter  or
19    the  judges  of election, consisting in each case of at least
20    one judge of election  of  each  of  the  2  major  political
21    parties,  shall  make a true duplicate ballot of all votes on
22    such ballot by using the ballot of the precinct  and  one  of
23    the  marking  devices  of the precinct.  If a damaged ballot,
24    the original ballot shall be clearly labeled "Damaged Ballot"
25    and the ballot so produced shall be clearly labeled  "Damaged
26    Ballot"  and  the ballot so produced shall be clearly labeled
27    "Duplicate Damaged Ballot", and each shall contain  the  same
28    serial  number  which  shall  be  placed  by  the  judges  of
29    election,    beginning   with   number   1   and   continuing
30    consecutively for the ballots of that kind in  the  precinct.
31    The  judges  of election shall initial the "Duplicate Damaged
32    Ballot" ballot and shall enter the duplicate  damaged  ballot
33    into   the  automatic  tabulating  equipment.   The  "Damaged
34    Ballots"  shall  be  placed  in  the   "Duplicated   Ballots"
 
                            -43-              LRB9205523JMmbA
 1    envelope;  after all ballots have been successfully read, the
 2    judges of election shall  check  to  make  certain  that  the
 3    Precinct Tabulation Optical Scan Technology equipment readout
 4    agrees  with  the  number  of  voters  making application for
 5    ballot in that precinct.  The number shall be listed  on  the
 6    "Statement   of   Ballots"  form  provided  by  the  election
 7    authority.
 8        The totals for all candidates and propositions  shall  be
 9    tabulated;  and  4 copies of a "Certificate of Results" shall
10    be generated by the automatic tabulating equipment; one  copy
11    shall  be  posted  in  a conspicuous place inside the polling
12    place; and every effort  shall  be  made  by  the  judges  of
13    election to provide a copy for each authorized pollwatcher or
14    other  official authorized to be present in the polling place
15    to observe the counting of ballots; but in no case shall  the
16    number  of  copies  to  be  made available to pollwatchers be
17    fewer than 4, chosen by lot by the judges  of  election.   In
18    addition,  sufficient time shall be provided by the judges of
19    election  to  the  pollwatchers  to  allow   them   to   copy
20    information from the copy which has been posted.
21        The judges of election shall count all unused ballots and
22    enter   the  number  on  the  "Statement  of  Ballots".   All
23    "Spoiled", "Defective"  and  "Duplicated"  ballots  shall  be
24    counted and the number entered on the "Statement of Ballots".
25        The   precinct   judges   of   election  shall  select  a
26    bi-partisan team of 2 judges, who  shall  immediately  return
27    the  ballots  in  a  sealed  container,  along with all other
28    election materials as instructed by the  election  authority;
29    provided,  however,  that such container must first be sealed
30    by the election judges with filament tape or  other  approved
31    sealing  devices  provided  for  the  purpose  which shall be
32    wrapped around the container  lengthwise  and  crosswise,  at
33    least  twice each way, in a manner that the ballots cannot be
34    removed from the container  without  breaking  the  seal  and
 
                            -44-              LRB9205523JMmbA
 1    filament  tape  and  disturbing any signatures affixed by the
 2    election judges to the container,  or  which  other  approved
 3    sealing  devices  are  affixed  in  a  manner approved by the
 4    election authority.  The election authority  shall  keep  the
 5    office  of  the  election authority or any receiving stations
 6    designated by the authority, open for at least 12 consecutive
 7    hours after the polls close or until  the  ballots  from  all
 8    precincts  with  in-precinct  counting  equipment  within the
 9    jurisdiction of the election authority have been returned  to
10    the  election  authority.   Ballots returned to the office of
11    the election authority which are not  signed  and  sealed  as
12    required  by  law  shall  not  be  accepted  by  the election
13    authority until the judges returning  the  ballots  make  and
14    sign  the  necessary  corrections.   Upon  acceptance  of the
15    ballots by the election authority, the judges  returning  the
16    ballots shall take a receipt signed by the election authority
17    and  stamped  with  the  time  and  date  of the return.  The
18    election judges whose duty it is to  return  any  ballots  as
19    provided shall, in the event the ballots cannot be found when
20    needed, on proper request, produce the receipt which they are
21    to  take  as above provided.  The precinct judges of election
22    shall also  deliver  the  Precinct  Tabulation  Optical  Scan
23    Technology equipment to the election authority.
24    (Source: P.A. 89-394, eff. 1-1-97.)

25        (10 ILCS 5/24B-14)
26        Sec. 24B-14.  Damaged Ballots; Duplicates.
27        (a)  In   precincts   that  do  not  utilize  in-precinct
28    automatic   tabulating   equipment   having   voting   defect
29    identification capability, the procedures of this  subsection
30    shall apply. If any ballot is damaged or defective so that it
31    cannot   properly   be  counted  by  the  automatic  Precinct
32    Tabulation Optical Scan Technology  tabulating  equipment,  a
33    true  duplicate  copy  shall be made of the damaged ballot in
 
                            -45-              LRB9205523JMmbA
 1    the presence of witnesses and  substituted  for  the  damaged
 2    ballot.   Likewise,  a  duplicate  ballot  shall be made of a
 3    defective ballot which shall not include the  invalid  votes.
 4    All  duplicate  ballots shall be clearly labeled "Duplicate",
 5    shall bear a serial number which shall be registered  on  the
 6    damaged  or defective ballot, and shall be counted in lieu of
 7    the damaged or defective ballot.
 8        (b)  In  precincts  that  utilize  in-precinct  automatic
 9    tabulating  equipment  having  voting  defect  identification
10    capability and in which voters insert their ballots into  the
11    automatic  tabulating  equipment, if any ballot is damaged or
12    defective so that  it  cannot  properly  be  counted  by  the
13    automatic   Precinct   Tabulation   Optical  Scan  Technology
14    tabulating equipment, that  ballot  shall  be  treated  as  a
15    spoiled  ballot, and the voter shall be provided a new ballot
16    to vote, which shall be initialed by a judge of election.
17    (Source: P.A. 89-394, eff. 1-1-97.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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