State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB5647sam002

 










                                           LRB9213181JMmbam06

 1                    AMENDMENT TO HOUSE BILL 5647

 2        AMENDMENT NO.     .  Amend House Bill 5647 on page 1,  by
 3    replacing line 7 with the following:
 4    "6-50.2,  6-50.3,  7-19,  7-46, 7-47, 7-49, 7-52, 7-53, 7-54,
 5    7-55, 7-66, 15-6, 16-11, 17-9, 17-43,  18-5,  18-40,  19-2.1,
 6    19-7,  19-8,  19-9,  19-10,  19-12.2,  19-15,  20-2,  20-2.1,
 7    20-2.2, 20-7, 20-8, 20-9, and 20-15 and by adding Article 24C
 8    as follows:"; and

 9    on page 59, by inserting after line 18 the following:

10        "(10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
11        Sec.  7-19.  Arrangement  and printing of primary ballot.
12    The primary ballot of each political party for each  precinct
13    shall  be  arranged  and  printed substantially in the manner
14    following:
15        1.  Designating words. At the top of the ballot shall  be
16    printed  in  large  capital  letters,  words  designating the
17    ballot, if a Republican ballot, the designating  words  shall
18    be:  "REPUBLICAN  PRIMARY BALLOT"; if a Democratic ballot the
19    designating words shall be: "DEMOCRATIC PRIMARY BALLOT";  and
20    in like manner for each political party.
21        2.   Order of Names, Directions to Voters, etc. Beginning
22    not less than one inch below designating words, the  name  of
 
                            -2-            LRB9213181JMmbam06
 1    each office to be filled shall be printed in capital letters.
 2    Such  names  may  be printed on the ballot either in a single
 3    column or in 2 or more columns and in  the  following  order,
 4    to-wit:
 5        President   of   the   United   States,   State  offices,
 6    congressional offices, delegates and alternate  delegates  to
 7    be  elected  from  the  State at large to National nominating
 8    conventions, delegates and alternate delegates to be  elected
 9    from   congressional   districts   to   National   nominating
10    conventions,   member   or   members  of  the  State  central
11    committee, trustees of sanitary  districts,  county  offices,
12    judicial   officers,  city,  village  and  incorporated  town
13    offices, town offices, or of such  of  the  said  offices  as
14    candidates  are  to  be  nominated  for  at such primary, and
15    precinct, township or  ward  committeemen.  If  two  or  more
16    columns  are  used,  the  foregoing  offices to and including
17    member of the State central committee shall be listed in  the
18    left-hand  column  and  Senatorial  offices,  as  defined  in
19    Section  8-3, shall be the first offices listed in the second
20    column.
21        Below the name of each office shall be printed  in  small
22    letters  the  directions to voters: "Vote for one"; "Vote for
23    two"; "Vote for three"; or a spelled number  designating  how
24    many persons under that head are to be voted for.
25        Next  to  the  name  of  each  candidate  for delegate or
26    alternate delegate to a national nominating convention  shall
27    appear  either (a) the name of the candidate's preference for
28    President of the United States or the word  "uncommitted"  or
29    (b)  no official designation, depending upon the action taken
30    by the State central committee pursuant to Section 7-10.3  of
31    this Act.
32        Below the name of each office shall be printed in capital
33    letters the names of all candidates, arranged in the order in
34    which  their  petitions for nominations were filed, except as
 
                            -3-            LRB9213181JMmbam06
 1    otherwise provided in Sections 7-14 and 7-17 of this Article.
 2    Opposite and in front of the name of each candidate shall  be
 3    printed  a  square  and  all  squares upon the primary ballot
 4    shall be  of  uniform  size.  Spaces  between  the  names  of
 5    candidates  under each office shall be uniform and sufficient
 6    spaces shall separate the names of candidates for one  office
 7    from  the  names  of  candidates for another office, to avoid
 8    confusion and to permit the writing in of the names of  other
 9    candidates.
10        Where  voting  machines, or electronic voting systems, or
11    Direct Recording Electronic  Voting  Systems  are  used,  the
12    provisions  of  this  Article  Section  may  be  modified  as
13    required  or  authorized  by  Article  24, or Article 24A, or
14    Article 24C, whichever is applicable.
15    (Source: P.A. 83-33.)

16        (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
17        Sec. 7-46.  Voting  of  ballot;  writing  in  names.   On
18    receiving  from  the  primary  judges a primary ballot of his
19    party,  the  primary  elector  shall  forthwith  and  without
20    leaving the polling place, retire alone to one of the  voting
21    booths and prepare such primary ballot by marking a cross (X)
22    in  the  square  in  front  of  and opposite the name of each
23    candidate of his choice for each office to be filled, and for
24    delegates and  alternate  delegates  to  national  nominating
25    conventions,  and for committeemen, if committeemen are being
26    elected at such primary.
27        Any primary  elector  may,  instead  of  voting  for  any
28    candidate  for nomination or for committeeman or for delegate
29    or alternate delegate  to  national  nominating  conventions,
30    whose  name  is  printed  on the primary ballot, write in the
31    name of any other person affiliated  with  such  party  as  a
32    candidate   for   the  nomination  for  any  office,  or  for
33    committeeman, or for  delegates  or  alternate  delegates  to
 
                            -4-            LRB9213181JMmbam06
 1    national  nominating  conventions, and indicate his choice of
 2    such candidate  or  committeeman  or  delegate  or  alternate
 3    delegate,  by  placing  to  the left of and opposite the name
 4    thus written a square and placing in the square a cross (X).
 5        Where voting machines, or electronic voting  systems,  or
 6    Direct  Recording  Electronic  Voting  Systems  are used, the
 7    provisions  of  this  Article  section  may  be  modified  as
 8    required or authorized by Article  24,  or  Article  24A,  or
 9    Article 24C, whichever is applicable.
10    (Source: Laws 1965, p. 2220.)

11        (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
12        Sec. 7-47.  Folding and delivery of ballot; entry in poll
13    book.  Before  leaving  the  booth, the primary elector shall
14    fold his primary ballot in such  manner  as  to  conceal  the
15    marks  thereon.  Such  voter  shall  then  vote  forthwith by
16    handing the primary judge the primary ballot received by such
17    voter. Thereupon the primary judge shall deposit such primary
18    ballot in the ballot box. One of the judges  shall  thereupon
19    enter  in  the  primary  poll  book  the  name of the primary
20    elector, his residence and his  party  affiliation  or  shall
21    make  the  entries on the official poll record as required by
22    articles 4, 5 and 6, if any one of them is applicable.
23        Where voting machines, or electronic voting  systems,  or
24    Direct  Recording  Electronic  Voting  Systems  are used, the
25    provisions  of  this  Article  section  may  be  modified  as
26    required or authorized by Article  24,  or  Article  24A,  or
27    Article 24C, whichever is applicable.
28    (Source: Laws 1965, p. 2220.)

29        (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
30        Sec.  7-49.  No  adjournment  or  recess after opening of
31    polls.  After the opening  of  the  polls  at  a  primary  no
32    adjournment  shall  be had nor recess taken until the canvass
 
                            -5-            LRB9213181JMmbam06
 1    of all the votes  is  completed  and  the  returns  carefully
 2    enveloped and sealed.
 3        Where  voting  machines, or electronic voting systems, or
 4    Direct Recording Electronic  Voting  Systems  are  used,  the
 5    provisions  of  this  Article  section  may  be  modified  as
 6    required  or  authorized  by  Article  24, or Article 24A, or
 7    Article 24C, whichever is applicable.
 8    (Source: Laws 1965, p. 2220.)

 9        (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
10        Sec. 7-52.  Precinct canvass of votes.  Immediately  upon
11    closing  the  polls,  the  primary  judges  shall  proceed to
12    canvass the votes in the manner following:
13        (1)  They shall separate and count the  ballots  of  each
14    political party.
15        (2)  They  shall  then proceed to ascertain the number of
16    names entered on the applications for ballot under each party
17    affiliation.
18        (3)  If the primary ballots of any political party exceed
19    the number of applications  for  ballot  by  voters  of  such
20    political  party, the primary ballots of such political party
21    shall be folded and replaced  in  the  ballot  box,  the  box
22    closed,  well  shaken and again opened and one of the primary
23    judges, who shall be blindfolded, shall draw out so  many  of
24    the primary ballots of such political party as shall be equal
25    to   such  excess.   Such  excess  ballots  shall  be  marked
26    "Excess-Not Counted" and signed by a majority of  the  judges
27    and shall be placed in the "After 6:00 p.m. Defective Ballots
28    Envelope". The number of excess ballots shall be noted in the
29    remarks  section  of  the  Certificate  of Results.  "Excess"
30    ballots shall not be counted  in  the  total  of  "defective"
31    ballots;
32        (4)  The  primary  judges shall then proceed to count the
33    primary ballots of each political party  separately;  and  as
 
                            -6-            LRB9213181JMmbam06
 1    the primary judges shall open and read the primary ballots, 3
 2    of  the  judges  shall  carefully  and  correctly  mark  upon
 3    separate  tally  sheets the votes which each candidate of the
 4    party whose name is written or printed on the primary  ballot
 5    has received, in a separate column for that purpose, with the
 6    name  of  such candidate, the name of his political party and
 7    the name of the office  for  which  he  is  a  candidate  for
 8    nomination at the head of such column.
 9        Where  voting  machines, or electronic voting systems, or
10    Direct Recording Electronic  Voting  Systems  are  used,  the
11    provisions  of  this  Article  section  may  be  modified  as
12    required  or  authorized  by  Article  24, or Article 24A, or
13    Article 24C, whichever is applicable.
14    (Source: P.A. 80-484.)

15        (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
16        Sec. 7-53.  Tally sheets;  certificate  of  results.   As
17    soon as the ballots of a political party shall have been read
18    and  the votes of the political party counted, as provided in
19    the last above Section, the 3 judges in charge of  the  tally
20    sheets shall foot up the tally sheets so as to show the total
21    number  of  votes  cast  for  each candidate of the political
22    party and for each candidate for State  Central  committeeman
23    and  precinct  committeeman,  township  committeeman  or ward
24    committeeman, and delegate and alternate delegate to National
25    nominating conventions, and certify the same to  be  correct.
26    Thereupon, the primary judges shall set down in a certificate
27    of  results  on  the  tally  sheet,  under  the  name  of the
28    political party, the name of each candidate  voted  for  upon
29    the  primary  ballot, written at full length, the name of the
30    office for which he is a  candidate  for  nomination  or  for
31    committeeman,  or  delegate or alternate delegate to National
32    nominating conventions, the total number of votes  which  the
33    candidate  received,  and  they shall also set down the total
 
                            -7-            LRB9213181JMmbam06
 1    number of ballots  voted  by  the  primary  electors  of  the
 2    political  party in the precinct.  The certificate of results
 3    shall be made substantially in the following form:
 4                                           ................ Party
 5        At the primary election held in the .... precinct of  the
 6    (1)  *township  of  ....,  or (2) *City of ...., or (3) *....
 7    ward in the city  of  ....  on  (insert  date),  the  primary
 8    electors  of  the  ....  party  voted  ....  ballots, and the
 9    respective candidates whose names were written or printed  on
10    the  primary  ballot of the .... party, received respectively
11    the following votes:
12    Name of                                                No. of
13    Candidate,                 Title of Office,             Votes
14    John Jones                 Governor                       100
15    Sam Smith                  Governor                        70
16    Frank Martin               Attorney General               150
17    William Preston            Rep. in Congress               200
18    Frederick John             Circuit Judge                   50
19        *Fill in either (1), (2) or (3).
20        And so on for each candidate.
21        We hereby certify the above and foregoing to be true  and
22    correct.
23        Dated (insert date).
24                              ...................................
25                              Name                        Address
26                              ...................................
27                              Name                        Address
28                              ...................................
29                              Name                        Address
30                              ...................................
31                              Name                        Address
32                              ...................................
33                              Name                        Address
34                                     Judges of Primary
 
                            -8-            LRB9213181JMmbam06
 1        Where  voting  machines, or electronic voting systems, or
 2    Direct Recording Electronic  Voting  Systems  are  used,  the
 3    provisions  of  this  Article  Section  may  be  modified  as
 4    required  or  authorized  by  Article 24, and Article 24A, or
 5    Article 24C, whichever is applicable.
 6    (Source: P.A. 91-357, eff. 7-29-99.)

 7        (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
 8        Sec.  7-54.  Binding  and  sealing  ballots;  report   of
 9    results.   After  the  votes  of  a political party have been
10    counted and set down and the  tally  sheets  footed  and  the
11    entry  made  in  the  primary  poll books or return, as above
12    provided, all the primary ballots of  said  political  party,
13    except  those  marked  "defective"  or "objected to" shall be
14    securely bound, lengthwise and in width,  with  a  soft  cord
15    having a minimum tensile strength of 60 pounds separately for
16    each  political  party  in  the  order  in which said primary
17    ballots have been read,  and  shall  thereupon  be  carefully
18    sealed  in  an  envelope, which envelope shall be endorsed as
19    follows:
20        "Primary ballots of the.... party of the.... precinct  of
21    the county of.... and State of Illinois."
22        Below  each  endorsement,  each primary judge shall write
23    his name.
24        Immediately thereafter the judges shall designate one  of
25    their number to go to the nearest telephone and report to the
26    office of the county clerk or board of election commissioners
27    (as  the case may be) the results of such primary. Such clerk
28    or board shall keep his or its office open after the close of
29    the polls until he or it  has  received  from  each  precinct
30    under  his or its jurisdiction the report above provided for.
31    Immediately upon receiving such report such  clerk  or  board
32    shall cause the same to be posted in a public place in his or
33    its  office  for  inspection by the public. Immediately after
 
                            -9-            LRB9213181JMmbam06
 1    making such report such judge shall  return  to  the  polling
 2    place.
 3        Where  voting  machines, or electronic voting systems, or
 4    Direct Recording Electronic  Voting  Systems  are  used,  the
 5    provisions  of  this  Article  section  may  be  modified  as
 6    required  or  authorized  by  Article  24, or Article 24A, or
 7    Article 24C, whichever is applicable.
 8    (Source: P.A. 81-1433.)

 9        (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
10        Sec.   7-55.  Delivery   and   acceptance   of   election
11    materials.  The primary  poll  books  or  the  official  poll
12    record,  and  the  tally  sheets with the certificates of the
13    primary judges written thereon, together with  the  envelopes
14    containing the ballots, including the envelope containing the
15    ballots   marked  "defective"  or  "objected  to",  shall  be
16    carefully  enveloped  and  sealed   up   together,   properly
17    endorsed,  and  the  primary judges shall elect 2 judges (one
18    from  each  of  the  major  political  parties),  who   shall
19    immediately  deliver  the  same  to  the  clerk from whom the
20    primary ballots were obtained, which clerk shall safely  keep
21    the  same  for 2 months, and thereafter shall safely keep the
22    poll books until the next primary.  Each  election  authority
23    shall  keep  the  office  of  the  election authority, or any
24    receiving stations designated by such authority, open for  at
25    least  12  consecutive  hours after the polls close, or until
26    the judges of each precinct under  the  jurisdiction  of  the
27    election  authority  have delivered to the election authority
28    all the above  materials  sealed  up  together  and  properly
29    endorsed  as  provided  herein.   Materials  delivered to the
30    election authority which are not in the condition required by
31    this Section shall not be accepted by the election  authority
32    until  the  judges  delivering  the  same  make  and sign the
33    necessary corrections.  Upon acceptance of the  materials  by
 
                            -10-           LRB9213181JMmbam06
 1    the  election authority, the judges delivering the same shall
 2    take a receipt signed by the election authority  and  stamped
 3    with the time and date of such delivery.  The election judges
 4    whose  duty  it is to deliver any materials as above provided
 5    shall, in the event  such  materials  cannot  be  found  when
 6    needed, on proper request, produce the receipt which they are
 7    to take as above provided.
 8        The county clerk or board of election commissioners shall
 9    deliver  a copy of each tally sheet to the county chairmen of
10    the two largest political parties.
11        Where voting machines, or electronic voting  systems,  or
12    Direct  Recording  Electronic  Voting  Systems  are used, the
13    provisions  of  this  Article  section  may  be  modified  as
14    required or authorized by Article 24,  and  Article  24A,  or
15    Article 24C, whichever is applicable.
16    (Source: P.A. 83-764.)

17        (10 ILCS 5/7-66)
18        Sec.  7-66.  Precinct  tabulation optical scan technology
19    voting  equipment  and  direct  recording  electronic  voting
20    systems equipment.  If the election authority has adopted the
21    use of Precinct Tabulation  Optical  Scan  Technology  voting
22    equipment  pursuant  to  Article  24B  of this Code or Direct
23    Recording Electronic Voting Systems equipment  under  Article
24    24C  of  this  Code, and the provisions of those Articles the
25    Article are in conflict with the provisions of  this  Article
26    7,  the provisions of Article 24B or Article 24C, as the case
27    may be, shall govern the procedures followed by the  election
28    authority,  its  judges  of  elections, and all employees and
29    agents.  In  following  the  provisions  of  Article  24B  or
30    Article  24C, the election authority is authorized to develop
31    and implement procedures to fully utilize Precinct Tabulation
32    Optical Scan Technology voting equipment or Direct  Recording
33    Electronic  Voting  Systems equipment authorized by the State
 
                            -11-           LRB9213181JMmbam06
 1    Board of Elections  as  long  as  the  procedure  is  not  in
 2    conflict  with  either  Article  24B,  Article  24C,  or  the
 3    administrative rules of the State Board of Elections.
 4    (Source: P.A. 89-394, eff. 1-1-97.)

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

26        (10 ILCS 5/16-11)
27        Sec. 16-11.  Precinct tabulation optical scan  technology
28    voting  equipment  and  direct  recording  electronic  voting
29    systems equipment.  If the election authority has adopted the
30    use  of  Precinct  Tabulation  Optical Scan Technology voting
31    equipment pursuant to Article 24B  of  this  Code  or  Direct
32    Recording  Electronic  Voting Systems equipment under Article
 
                            -12-           LRB9213181JMmbam06
 1    24C of this Code, and the provisions of  those  Articles  the
 2    Article  are  in conflict with the provisions of this Article
 3    16, the provisions of Article 24B or Article 24C, as the case
 4    may be, shall govern the procedures followed by the  election
 5    authority,  its  judges  of  elections, and all employees and
 6    agents.  In  following  the  provisions  of  Article  24B  or
 7    Article  24C, the election authority is authorized to develop
 8    and implement procedures to fully utilize Precinct Tabulation
 9    Optical Scan Technology voting equipment or Direct  Recording
10    Electronic  Voting  Systems equipment authorized by the State
11    Board of Elections  as  long  as  the  procedure  is  not  in
12    conflict  with  either  Article  24B,  Article  24C,  or  the
13    administrative rules of the State Board of Elections.
14    (Source: P.A. 89-394, eff. 1-1-97.)

15        (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
16        Sec.  17-9.   Any  person desiring to vote shall give his
17    name and, if required to do so, his residence to  the  judges
18    of election, one of whom shall thereupon announce the same in
19    a  loud  and  distinct tone of voice, clear, and audible; the
20    judges of elections shall check each application  for  ballot
21    against  the  list  of  voters registered in that precinct to
22    whom absentee ballots have been  issued  for  that  election,
23    which  shall  be provided by the election authority and which
24    list shall be available for inspection  by  pollwatchers.   A
25    voter  applying to vote in the precinct on election day whose
26    name appears on the list as having been  issued  an  absentee
27    ballot  shall not be permitted to vote in the precinct unless
28    that  voter  submits  to  the   judges   of   election,   for
29    cancellation  or revocation, his absentee ballot. In the case
30    that the voter's  absentee  ballot  is  not  present  in  the
31    polling  place,  it shall be sufficient for any such voter to
32    submit to the judges of election  in  lieu  of  his  absentee
33    ballot, either a portion of such ballot if torn or mutilated,
 
                            -13-           LRB9213181JMmbam06
 1    or  an  affidavit  executed  before  the  judges  of election
 2    specifying that the voter never received an absentee  ballot,
 3    or  an  affidavit  executed  before  the  judges  of election
 4    specifying that the voter desires to  cancel  or  revoke  any
 5    absentee  ballot that may have been cast in the voter's name.
 6    All applicable provisions of Articles 4,  5  or  6  shall  be
 7    complied  with  and  if such name is found on the register of
 8    voters  by  the  officer  having  charge  thereof,  he  shall
 9    likewise repeat said name, and the voter shall be allowed  to
10    enter  within  the  proximity  of the voting booths, as above
11    provided.  One of the judges shall give the  voter  one,  and
12    only  one  of each ballot to be voted at the election, on the
13    back of which ballots such judge shall indorse  his  initials
14    in such manner that they may be seen when each such ballot is
15    properly  folded,  and  the voter's name shall be immediately
16    checked on the register list. In those election jurisdictions
17    where perforated ballot cards are utilized  of  the  type  on
18    which  write-in  votes can be cast above the perforation, the
19    election authority shall provide a space both above and below
20    the perforation for the judge's initials, and the judge shall
21    endorse his or her  initials  in  both  spaces.   Whenever  a
22    proposal for a constitutional amendment or for the calling of
23    a  constitutional  convention  is  to  be  voted  upon at the
24    election, the separate  blue  ballot  or  ballots  pertaining
25    thereto  shall,  when being handed to the voter, be placed on
26    top of the other ballots to be voted at the election in  such
27    manner  that  the  legend  appearing  on the back thereof, as
28    prescribed in Section 16-6 of  this  Act,  shall  be  plainly
29    visible  to the voter.  At all elections, when a registry may
30    be required, if the name of any person so desiring to vote at
31    such election is not found on the register of voters,  he  or
32    she  shall  not  receive  a ballot until he or she shall have
33    complied with the law prescribing the manner  and  conditions
34    of  voting by unregistered voters.  If any person desiring to
 
                            -14-           LRB9213181JMmbam06
 1    vote at any election shall be challenged, he or she shall not
 2    receive a ballot until he or she shall have  established  his
 3    right  to  vote in the manner provided hereinafter; and if he
 4    or she shall be challenged after he has received his  ballot,
 5    he  shall  not be permitted to vote until he or she has fully
 6    complied  with  such  requirements  of  the  law  upon  being
 7    challenged.  Besides the election officer, not  more  than  2
 8    voters  in  excess  of  the  whole  number  of  voting booths
 9    provided shall be allowed within the proximity of the  voting
10    booths  at  one  time.  The provisions of this Act, so far as
11    they require the registration of voters  as  a  condition  to
12    their  being  allowed  to  vote  shall  not  apply to persons
13    otherwise entitled to vote, who  are,  at  the  time  of  the
14    election,  or  at  any  time  within  60  days  prior to such
15    election have been engaged in the military or  naval  service
16    of  the  United  States,  and  who  appear  personally at the
17    polling place on election day and produce to  the  judges  of
18    election  satisfactory evidence thereof, but such persons, if
19    otherwise qualified to vote, shall be permitted  to  vote  at
20    such election without previous registration.
21        All such persons shall also make an affidavit which shall
22    be in substantially the following form:
23    State of Illinois,)
24                      ) ss.
25    County of ........)
26    ............... Precinct   .......... Ward
27        I,  ....,  do  solemnly  swear  (or  affirm)  that I am a
28    citizen of the United States, of the age of 18 years or over,
29    and that within the past 60 days prior to the  date  of  this
30    election  at which I am applying to vote, I have been engaged
31    in the .... (military or naval) service of the United States;
32    and I am qualified  to  vote  under  and  by  virtue  of  the
33    Constitution and laws of the State of Illinois, and that I am
34    a  legally  qualified  voter of this precinct and ward except
 
                            -15-           LRB9213181JMmbam06
 1    that I have, because of such service, been unable to register
 2    as a voter; that I now reside  at  ....  (insert  street  and
 3    number,  if  any)  in  this  precinct  and  ward; that I have
 4    maintained a legal residence in this precinct and ward for 30
 5    days and in this State 30 days next preceding this election.
 6                                        .........................
 7        Subscribed and sworn to before me on (insert date).
 8                                        .........................
 9                                               Judge of Election.

10        The affidavit of any such person shall  be  supported  by
11    the  affidavit  of a resident and qualified voter of any such
12    precinct and ward, which affidavit shall be in  substantially
13    the following form:
14    State of Illinois,)
15                      ) ss.
16    County of ........)
17    ........... Precinct   ........... Ward
18        I,  ....,  do  solemnly  swear  (or  affirm), that I am a
19    resident of this precinct and ward and entitled  to  vote  at
20    this  election;  that  I am acquainted with .... (name of the
21    applicant); that I verily believe him to be  an  actual  bona
22    fide  resident  of  this  precinct and ward and that I verily
23    believe that he or  she  has  maintained  a  legal  residence
24    therein 30 days and in this State 30 days next preceding this
25    election.
26                                        .........................
27        Subscribed and sworn to before me on (insert date).
28                                        .........................
29                                               Judge of Election.

30        All  affidavits made under the provisions of this Section
31    shall be enclosed in a separate envelope securely sealed, and
32    shall be transmitted with the returns of the elections to the
33    county clerk or to the board of election  commissioners,  who
 
                            -16-           LRB9213181JMmbam06
 1    shall  preserve  the  said  affidavits  for  the  period of 6
 2    months, during which period such affidavits shall  be  deemed
 3    public  records  and  shall  be freely open to examination as
 4    such.
 5    (Source: P.A. 91-357, eff. 7-29-99.)

 6        (10 ILCS 5/17-43)
 7        Sec. 17-43.  Precinct tabulation optical scan  technology
 8    voting  equipment  and  direct  recording  electronic  voting
 9    systems equipment.  If the election authority has adopted the
10    use  of  Precinct  Tabulation  Optical Scan Technology voting
11    equipment pursuant to Article 24B  of  this  Code  or  Direct
12    Recording  Electronic  Voting Systems equipment under Article
13    24C of this Code, and the provisions of  those  Articles  the
14    Article  are  in conflict with the provisions of this Article
15    17, the provisions of Article 24B or Article 24C, as the case
16    may be, shall govern the procedures followed by the  election
17    authority,  its  judges  of  elections, and all employees and
18    agents.  In  following  the  provisions  of  Article  24B  or
19    Article  24C, the election authority is authorized to develop
20    and implement procedures to fully utilize Precinct Tabulation
21    Optical Scan Technology voting equipment or Direct  Recording
22    Electronic  Voting  Systems equipment authorized by the State
23    Board of Elections  as  long  as  the  procedure  is  not  in
24    conflict  with  either  Article  24B,  Article  24C,  or  the
25    administrative rules of the State Board of Elections.
26    (Source: P.A. 89-394, eff. 1-1-97.)

27        (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
28        Sec.  18-5.  Questioning  of  person  desiring  to  vote;
29    receipt  of ballots.    Any person desiring to vote and whose
30    name is found upon the  register  of  voters  by  the  person
31    having charge thereof, shall then be questioned by one of the
32    judges  as  to his nativity, his term of residence at present
 
                            -17-           LRB9213181JMmbam06
 1    address, precinct, State and United States, his age,  whether
 2    naturalized  and  if so the date of naturalization papers and
 3    court from which secured, and he shall be asked to state  his
 4    residence when last previously registered and the date of the
 5    election   for  which  he  then  registered.  The  judges  of
 6    elections shall check each application for ballot against the
 7    list of voters registered in that precinct to  whom  absentee
 8    ballots  have  been  issued for that election, which shall be
 9    provided by the election authority and which  list  shall  be
10    available for inspection by pollwatchers. A voter applying to
11    vote  in  the  precinct on election day whose name appears on
12    the list as having been issued an absentee ballot  shall  not
13    be  permitted  to  vote  in  the  precinct  unless that voter
14    submits to  the  judges  of  election,  for  cancellation  or
15    revocation,  his  absentee  ballot.   In  the  case  that the
16    voter's absentee ballot is not present in the polling  place,
17    it  shall  be  sufficient for any such voter to submit to the
18    judges of election in lieu of his absentee ballot,  either  a
19    portion  of such ballot if torn or mutilated, or an affidavit
20    executed before the judges of election  specifying  that  the
21    voter  never  received  an  absentee  ballot, or an affidavit
22    executed before the judges of election  specifying  that  the
23    voter  desires  to  cancel or revoke any absentee ballot that
24    may have been cast in the voter's name.  If  such  person  so
25    registered  shall  be  challenged  as disqualified, the party
26    challenging shall assign his reasons therefor, and  thereupon
27    one  of  the judges shall administer to him an oath to answer
28    questions, and if he shall take the oath  he  shall  then  be
29    questioned  by  the  judge  or  judges touching such cause of
30    challenge, and touching any other cause of  disqualification.
31    And  he  may also be questioned by the person challenging him
32    in regard to  his  qualifications  and  identity.  But  if  a
33    majority  of  the  judges  are  of the opinion that he is the
34    person so registered and a qualified voter,  his  vote  shall
 
                            -18-           LRB9213181JMmbam06
 1    then  be received accordingly. But if his vote be rejected by
 2    such judges, such person may afterward produce and deliver an
 3    affidavit to such judges, subscribed  and  sworn  to  by  him
 4    before  one  of  the  judges, in which it shall be stated how
 5    long he has resided in such precinct, and state; that he is a
 6    citizen of the United States, and is a duly  qualified  voter
 7    in  such  precinct,  and  that  he is the identical person so
 8    registered. In addition to such an affidavit, the  person  so
 9    challenged  shall  provide to the judges of election proof of
10    residence by producing 2 forms of identification showing  the
11    person's   current  residence  address,  provided  that  such
12    identification to the person at his current residence address
13    and postmarked not earlier than 30 days prior to the date  of
14    the   election,   or  the  person  shall  procure  a  witness
15    personally known to the judges of election, and  resident  in
16    the  precinct  (or  district), or who shall be proved by some
17    legal voter of such precinct or district, known to the judges
18    to be such, who shall take the oath following, viz:
19        I do solemnly swear (or affirm) that I am a  resident  of
20    this election precinct (or district), and entitled to vote at
21    this  election, and that I have been a resident of this State
22    for 30 days last past, and am well acquainted with the person
23    whose vote is now offered; that he is an actual and bona fide
24    resident of this election precinct  (or  district),  and  has
25    resided  herein  30  days,  and  as I verily believe, in this
26    State, 30 days next preceding this election.
27        The oath in each case may be administered by one  of  the
28    judges  of  election,  or  by  any  officer,  resident in the
29    precinct or district, authorized by law to administer  oaths.
30    Also supported by an affidavit by a registered voter residing
31    in  such  precinct,  stating  his  own residence, and that he
32    knows such person; and that  he  does  reside  at  the  place
33    mentioned  and has resided in such precinct and state for the
34    length of time as stated  by  such  person,  which  shall  be
 
                            -19-           LRB9213181JMmbam06
 1    subscribed  and  sworn to in the same way. Whereupon the vote
 2    of such person shall be received, and entered as other votes.
 3    But such judges, having charge of such registers, shall state
 4    in their respective books the facts in  such  case,  and  the
 5    affidavits,  so  delivered  to the judges, shall be preserved
 6    and returned to the office of the commissioners of  election.
 7    Blank affidavits of the character aforesaid shall be sent out
 8    to  the  judges  of  all  the  precincts,  and  the judges of
 9    election shall furnish the same on demand and administer  the
10    oaths  without  criticism. Such oaths, if administered by any
11    other officer than such  judge  of  election,  shall  not  be
12    received.  Whenever a proposal for a constitutional amendment
13    or for the calling of a constitutional convention  is  to  be
14    voted  upon  at  the  election,  the  separate blue ballot or
15    ballots pertaining thereto shall be  placed  on  top  of  the
16    other ballots to be voted at the election in such manner that
17    the  legend  appearing  on the back thereof, as prescribed in
18    Section 16-6 of this Act, shall be  plainly  visible  to  the
19    voter, and in this fashion the ballots shall be handed to the
20    voter by the judge.
21        The  voter shall, upon quitting the voting booth, deliver
22    to one of the judges of election all of the ballots, properly
23    folded, which he received. The judge of election to whom  the
24    voter  delivers  his ballots shall not accept the same unless
25    all of the ballots given to the voter are returned by him. If
26    a voter delivers less than all of the ballots given  to  him,
27    the  judge to whom the same are offered shall advise him in a
28    voice clearly audible to the other judges  of  election  that
29    the  voter  must  return  the  remainder  of the ballots. The
30    statement of the judge to the voter shall clearly express the
31    fact that the voter is not required to  vote  such  remaining
32    ballots  but  that  whether or not he votes them he must fold
33    and deliver them to the judge. In making such  statement  the
34    judge  of  election  shall  not  indicate by word, gesture or
 
                            -20-           LRB9213181JMmbam06
 1    intonation of voice that  the  unreturned  ballots  shall  be
 2    voted  in  any  particular  manner.  No  new  voter  shall be
 3    permitted to enter the voting booth of a voter who has failed
 4    to deliver the total number of ballots received by him  until
 5    such  voter  has returned to the voting booth pursuant to the
 6    judge's request and again quit the  booth  with  all  of  the
 7    ballots  required  to be returned by him. Upon receipt of all
 8    such ballots the judges of election shall enter the  name  of
 9    the voter, and his number, as above provided in this section,
10    and  the  judge  to  whom  the  ballots  are  delivered shall
11    immediately put the ballots into the ballot box. If any voter
12    who has failed to deliver all the  ballots  received  by  him
13    refuses  to return to the voting booth after being advised by
14    the judge of election as herein  provided,  the  judge  shall
15    inform  the  other  judges of such refusal, and thereupon the
16    ballot or ballots returned to the judge shall be deposited in
17    the ballot box, the voter shall be permitted to  depart  from
18    the  polling  place,  and  a  new voter shall be permitted to
19    enter the voting booth.
20        The judge of election who receives the ballot or  ballots
21    from  the voter shall announce the residence and name of such
22    voter in a loud voice. The judge  shall  put  the  ballot  or
23    ballots  received  from  the voter into the ballot box in the
24    presence of the voter and the  judges  of  election,  and  in
25    plain  view  of  the public. The judges having charge of such
26    registers shall then, in a column prepared  thereon,  in  the
27    same  line  of,  the  name  of the voter, mark "Voted" or the
28    letter "V".
29        No judge of election shall accept  from  any  voter  less
30    than  the  full  number  of  ballots  received  by such voter
31    without first advising the voter in the manner above provided
32    of the necessity of returning all of the ballots,  nor  shall
33    any such judge advise such voter in a manner contrary to that
34    which is herein permitted, or in any other manner violate the
 
                            -21-           LRB9213181JMmbam06
 1    provisions  of this section; provided, that the acceptance by
 2    a judge of election of less than the full number  of  ballots
 3    delivered  to  a  voter  who  refuses to return to the voting
 4    booth after being properly advised by such judge shall not be
 5    a violation of this Section.
 6    (Source: P.A. 89-653, eff. 8-14-96.)

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

28        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
29        Sec.   19-2.1.   At  the  consolidated  primary,  general
30    primary,  consolidated,  and  general   elections,   electors
31    entitled  to  vote by absentee ballot under the provisions of
32    Section 19-1  may  vote  in  person  at  the  office  of  the
 
                            -22-           LRB9213181JMmbam06
 1    municipal   clerk,   if  the  elector  is  a  resident  of  a
 2    municipality not having a board of election commissioners, or
 3    at the office of the township clerk or, in counties not under
 4    township organization, at the office  of  the  road  district
 5    clerk  if  the  elector  is not a resident of a municipality;
 6    provided, in each case that the municipal, township  or  road
 7    district  clerk, as the case may be, is authorized to conduct
 8    in-person absentee voting pursuant to this Section.  Absentee
 9    voting in such municipal and township clerk's  offices  under
10    this Section shall be conducted from the 22nd day through the
11    day before the election.
12        Municipal  and  township clerks (or road district clerks)
13    who have  regularly  scheduled  working  hours  at  regularly
14    designated  offices other than a place of residence and whose
15    offices are open for business during the same  hours  as  the
16    office  of  the  election  authority  shall conduct in-person
17    absentee voting for said elections.  Municipal  and  township
18    clerks  (or  road  district  clerks)  who  have  no regularly
19    scheduled working hours but  who  have  regularly  designated
20    offices  other  than  a  place  of  residence  shall  conduct
21    in-person absentee voting for said elections during the hours
22    of  8:30  a.m.  to  4:30  p.m.  or  9:00  a.m.  to 5:00 p.m.,
23    weekdays, and 9:00 a.m. to 12:00 noon on Saturdays,  but  not
24    during  such hours as the office of the election authority is
25    closed, unless the clerk files  a  written  waiver  with  the
26    election authority not later than July 1 of each year stating
27    that  he  or  she  is  unable  to conduct such voting and the
28    reasons therefor. Such clerks who conduct in-person  absentee
29    voting may extend their hours for that purpose to include any
30    hours  in  which  the  election  authority's  office is open.
31    Municipal and township clerks (or road district  clerks)  who
32    have  no  regularly  scheduled  office hours and no regularly
33    designated offices other than a place of  residence  may  not
34    conduct  in-person  absentee  voting for said elections.  The
 
                            -23-           LRB9213181JMmbam06
 1    election  authority  may  devise  alternative   methods   for
 2    in-person  absentee  voting  before  said elections for those
 3    precincts  located  within  the   territorial   area   of   a
 4    municipality or township (or road district) wherein the clerk
 5    of  such  municipality  or  township  (or  road district) has
 6    waived  or  is  not  entitled  to  conduct  such  voting.  In
 7    addition, electors may vote  by  absentee  ballot  under  the
 8    provisions  of  Section  19-1  at  the office of the election
 9    authority having jurisdiction over their residence.
10        In conducting absentee voting  under  this  Section,  the
11    respective  clerks  shall  not  be  required  to  verify  the
12    signature  of  the  absentee  voter  by  comparison  with the
13    signature on the official registration record card.  However,
14    the  clerk  shall  reasonably  ascertain the identity of such
15    applicant,  shall  verify  that  each  such  applicant  is  a
16    registered voter, and shall verify the precinct in  which  he
17    or  she is registered and the proper ballots of the political
18    subdivisions in which the applicant resides and  is  entitled
19    to  vote,  prior  to  providing  any  absentee ballot to such
20    applicant.   The   clerk   shall   verify   the   applicant's
21    registration and from the most recent poll list  provided  by
22    the  county clerk, and if the applicant is not listed on that
23    poll list then by telephoning the office of the county clerk.
24        Absentee  voting  procedures  in  the   office   of   the
25    municipal, township and road district clerks shall be subject
26    to  all  of  the  applicable  provisions  of this Article 19.
27    Pollwatchers may be appointed to observe  in-person  absentee
28    voting procedures at the office of the municipal, township or
29    road  district  clerks' offices where such absentee voting is
30    conducted.  Such pollwatchers shall qualify and be  appointed
31    in  the  same  manner as provided in Sections 7-34 and 17-23,
32    except each candidate, political  party  or  organization  of
33    citizens  may  appoint only one pollwatcher for each location
34    where in-person absentee voting is  conducted.   Pollwatchers
 
                            -24-           LRB9213181JMmbam06
 1    shall   be   residents   of  the  county  and  possess  valid
 2    pollwatcher credentials. All  requirements  in  this  Article
 3    applicable   to  election  authorities  shall  apply  to  the
 4    respective local clerks, except where inconsistent with  this
 5    Section.
 6        In  election  jurisdictions that deliver absentee ballots
 7    to the polling place to be counted by the precinct judges  on
 8    election  day,  the  sealed absentee ballots in their carrier
 9    envelope shall be delivered by the respective clerks,  or  by
10    the  election authority on behalf of a clerk if the clerk and
11    the election authority agree,  to the  proper  polling  place
12    before  the  close  of  the  polls  on the day of the general
13    primary,  consolidated  primary,  consolidated,  or   general
14    election.
15        In  election  jurisdictions  that  have  adopted a Direct
16    Recording Electronic Voting System under Article 24C and that
17    count  absentee  ballots  in  the  office  of  the   election
18    authority  on  election  day,  the sealed absentee ballots in
19    their carrier envelope shall be delivered to  the  office  of
20    the  election  authority  by the respective clerks before the
21    close of the  polls  on  the  day  of  the  general  primary,
22    consolidated primary, consolidated, or general election.
23        Not more than 23 days before the nonpartisan, general and
24    consolidated elections, the county clerk shall make available
25    to   those  municipal,  township  and  road  district  clerks
26    conducting in-person absentee voting within  such  county,  a
27    sufficient   number   of   applications,   absentee  ballots,
28    envelopes, and printed voting instruction slips  for  use  by
29    absentee voters in the offices of such clerks. The respective
30    clerks  shall  receipt for all ballots received, shall return
31    all unused or spoiled ballots to the county clerk on the  day
32    of  the  election  and shall strictly account for all ballots
33    received.
34        The ballots delivered  to  the  respective  clerks  shall
 
                            -25-           LRB9213181JMmbam06
 1    include   absentee   ballots   for   each   precinct  in  the
 2    municipality, township or road  district,  or  shall  include
 3    such   separate   ballots   for  each  political  subdivision
 4    conducting an election of officers or a  referendum  on  that
 5    election day as will permit any resident of the municipality,
 6    township  or  road district to vote absentee in the office of
 7    the proper clerk.
 8        The clerks of  all  municipalities,  townships  and  road
 9    districts may distribute applications for absentee ballot for
10    the  use  of voters who wish to mail such applications to the
11    appropriate  election  authority.    Such  applications   for
12    absentee  ballots  shall  be  made  on  forms provided by the
13    election  authority.   Duplication  of  such  forms  by   the
14    municipal, township or road district clerk is prohibited.
15    (Source: P.A. 91-210, eff. 1-1-00.)

16        (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
17        Sec.  19-7.  Upon  receipt of such absent voter's ballot,
18    the election  authority  shall  forthwith  enclose  the  same
19    unopened,  together  with the application made by said absent
20    voter in a large or carrier envelope which shall be  securely
21    sealed  and endorsed with the name and official title of such
22    officer and the words,  "This  envelope  contains  an  absent
23    voter's  ballot and must be opened on election day," together
24    with the number and description of the precinct in which said
25    ballot is to be voted,  and  such  officer  shall  thereafter
26    safely  keep  the  same in his office until counted by him as
27    provided in this Article the next section.
28        Except as provided in Article 24C, the election authority
29    may choose (i) to have the absentee ballots delivered  before
30    the  closing  of the polls to their proper polling places for
31    counting by the precinct judges or (ii) to have the  absentee
32    ballots received after 12:00 noon on election day or too late
33    for  delivery before the closing of the polls on election day
 
                            -26-           LRB9213181JMmbam06
 1    counted in the office of the election  authority  by  one  or
 2    more  panels  of  election  judges  appointed  in  the manner
 3    provided for in this Code.
 4    (Source: P.A. 81-155.)

 5        (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
 6        Sec.  19-8.  In  election  jurisdictions   that   deliver
 7    absentee  ballots  to  the polling place to be counted by the
 8    precinct judges, the provisions of this Section shall  apply.
 9       In  case  an  absent  voter's  ballot  is  received by the
10    election authority prior to  the  delivery  of  the  official
11    ballots  to  the  judges of election of the precinct in which
12    said elector resides, such ballot envelope  and  application,
13    sealed  in  the  carrier  envelope, shall be enclosed in such
14    package  and  therewith  delivered  to  the  judges  of  such
15    precinct. In case the official ballots for such precinct have
16    been delivered to the judges of election at the time  of  the
17    receipt  by  the  election  authority  of such absent voter's
18    ballot,  such  authority  shall  immediately   enclose   said
19    envelope  containing the absent voter's ballot, together with
20    his application therefor, in a  larger  or  carrier  envelope
21    which  shall  be securely sealed and addressed on the face to
22    the  judges  of  election,  giving  the  name  or  number  of
23    precinct, street and number of polling place, city or town in
24    which such absent voter is a qualified elector, and the words
25    "This envelope contains an absent voter's ballot and must  be
26    opened  only  on  election day at the polls immediately after
27    the polls are closed," mailing the same, postage prepaid,  to
28    such  judges of election, or if more convenient, such officer
29    may deliver such absent  voter's  ballot  to  the  judges  of
30    election  in  person or by duly deputized agent, said officer
31    to secure his receipt for delivery of such ballot or ballots.
32    Absent voters' ballots returned by  absentee  voters  to  the
33    election  authority  after  the  closing  of  the polls on an
 
                            -27-           LRB9213181JMmbam06
 1    election day shall be  endorsed  by  the  election  authority
 2    receiving the same with the day and hour of receipt and shall
 3    be  safely  kept  unopened by such election authority for the
 4    period of time required for the preservation of ballots  used
 5    at  such  election,  and shall then, without being opened, be
 6    destroyed  in  like  manner  as  the  used  ballots  of  such
 7    election.
 8        All absent  voters'  ballots  received  by  the  election
 9    authority  after  12:00  noon on election day or too late for
10    delivery to the proper polling place before  the  closing  of
11    the  polls  on  election  day,  and Special Write-In Absentee
12    Voter's  Blank  Ballots,  except  ballots  returned  by  mail
13    postmarked after midnight preceding the opening of the  polls
14    on  election  day, and all absent voters' ballots in election
15    jurisdictions that use voting systems authorized  by  Article
16    24C shall be endorsed by the election authority receiving the
17    same with the day and hour of receipt and shall be counted in
18    the  office  of  the  election  authority  on  the day of the
19    election  after  7:00  p.m.   All  absent   voters'   ballots
20    delivered  in error to the wrong precinct polling place shall
21    be returned to the election authority and counted under  this
22    provision;  however,  all  absentee  ballots  received by the
23    election authority by the close of  absentee  voting  in  the
24    office of the election authority on the day preceding the day
25    of election shall be delivered to the proper precinct polling
26    places in time to be counted by the judges of election.
27        Such  counting shall commence no later than 8:00 p.m. and
28    shall be conducted by a panel or panels  of  election  judges
29    appointed  in the manner provided by law. Such counting shall
30    continue  until  all  absent  voters'  ballots  received   as
31    aforesaid have been counted.
32        The  procedures set forth in Section 19-9 of this Act and
33    Articles 17 and 18 of this Code, shall apply  to  all  absent
34    voters'  ballots  counted  under  this  provision,  including
 
                            -28-           LRB9213181JMmbam06
 1    comparing  the  signature  on  the  ballot  envelope with the
 2    signature of the voter on the  permanent  voter  registration
 3    record  card  taken  from  the master file; except that votes
 4    shall be recorded by without regard to precinct  designation,
 5    except for precinct offices.
 6    (Source: P.A. 91-357, eff. 7-29-99.)

 7        (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
 8        Sec.  19-9.  At the close of the regular balloting and at
 9    the close of the polls the judges of election of each  voting
10    precinct  or  the  panel or panels of judges in the office of
11    the election authority, as the case may be, shall proceed  to
12    cast the absent voter's ballot separately, and as each absent
13    voter's  ballot  is  taken  shall  open  the outer or carrier
14    envelope, announce the absent voter's name, and  compare  the
15    signature  upon  the  application with the signature upon the
16    certification on the ballot envelope and the signature of the
17    voter on the permanent voter  registration  record  card.  In
18    case  the  judges  find the certifications properly executed,
19    that the signatures correspond, that the applicant is a  duly
20    qualified  elector  in the precinct and the applicant has not
21    been present and voted within the county where he  represents
22    himself  to be a qualified elector on such election day, they
23    shall open the envelope containing the absent voter's  ballot
24    in  such manner as not to deface or destroy the certification
25    thereon, or mark or tear the ballots therein and take out the
26    ballot or ballots  therein  contained  without  unfolding  or
27    permitting  the  same  to be unfolded or examined, and having
28    endorsed the ballot in  like  manner  as  other  ballots  are
29    required to be endorsed, shall deposit the same in the proper
30    ballot  box or boxes and enter the absent voter's name in the
31    poll book the same as if he had been  present  and  voted  in
32    person.   The   judges   shall   place  the  absentee  ballot
33    certification envelopes in a separate  envelope  as  per  the
 
                            -29-           LRB9213181JMmbam06
 1    direction of the election authority. Such envelope containing
 2    the absentee ballot certification envelopes shall be returned
 3    to the election authority and preserved in like manner as the
 4    official poll record.
 5        In  case  such  signatures do not correspond, or that the
 6    applicant is not a duly qualified elector in such precinct or
 7    that the ballot envelope is  open  or  has  been  opened  and
 8    resealed,  or that said voter is present and has voted within
 9    the county where he represents  himself  to  be  a  qualified
10    elector  on  the  day  of such election at such election such
11    previously cast  vote  shall  not  be  allowed,  but  without
12    opening  the  absent  voter's  envelope  the  judge  of  such
13    election  shall  mark  across  the  face thereof, "Rejected",
14    giving the reason therefor.
15        In case the ballot envelope contains more than one ballot
16    of any kind, said ballots shall not be counted, but shall  be
17    marked "Rejected", giving the reason therefor.
18        The  absent  voters'  envelopes  and  affidavits  and the
19    absent voters' envelope with its contents unopened, when such
20    absent vote is rejected shall be retained  and  preserved  in
21    the manner as now provided for the retention and preservation
22    of official ballots rejected at such election.
23        As  applied  to  an  absentee  ballot  of  a  permanently
24    disabled  voter  who  has  complied with Section 19-12.1, the
25    word  "certification"  as  used  in  this  Section  shall  be
26    construed to refer to the unsworn statement subscribed to  by
27    the voter pursuant to Section 19-12.1.
28    (Source: P.A. 87-1052.)

29        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
30        Sec.  19-10.  Pollwatchers  may  be  appointed to observe
31    in-person absentee voting procedures at  the  office  of  the
32    election  authority as well as at municipal, township or road
33    district  clerks'  offices  where  such  absentee  voting  is
 
                            -30-           LRB9213181JMmbam06
 1    conducted.  Such pollwatchers shall qualify and be  appointed
 2    in  the  same  manner as provided in Sections 7-34 and 17-23,
 3    except each candidate, political  party  or  organization  of
 4    citizens  may  appoint only one pollwatcher for each location
 5    where in-person absentee voting is conducted.    Pollwatchers
 6    shall   be   residents   of  the  county  and  possess  valid
 7    pollwatcher credentials.
 8        In the polling place on election day, pollwatchers  shall
 9    be  permitted  to be present during the casting of the absent
10    voters' ballots and the vote  of  any  absent  voter  may  be
11    challenged for cause the same as if he were present and voted
12    in  person,  and  the  judges  of  the election or a majority
13    thereof shall have power and authority to hear and  determine
14    the  legality  of  such  ballot; Provided, however, that if a
15    challenge to any absent voter's right to vote  is  sustained,
16    notice of the same must be given by the judges of election by
17    mail addressed to the voter's place of residence.
18        Where  certain  absent voters' ballots are counted on the
19    day of the election in the office of the  election  authority
20    as  provided  in  this Article Section 19-8 of this Act, each
21    political party, candidate and qualified  civic  organization
22    shall  be  entitled  to have present one pollwatcher for each
23    panel of election judges therein assigned. Such  pollwatchers
24    shall  be  subject to the same provisions as are provided for
25    pollwatchers in Sections 7-34 and 17-23  of  this  Code,  and
26    shall  be permitted to observe the election judges making the
27    signature comparison  between that which is on  the  absentee
28    ballot  application  and that which is on the ballot envelope
29    and that which is on the permanent voter registration  record
30    card taken from the master file.
31    (Source: P.A. 86-875.)

32        (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
33        Sec.   19-12.2.  Voting   by   physically   incapacitated
 
                            -31-           LRB9213181JMmbam06
 1    electors  who  have  made  proper application to the election
 2    authority not later than 5 days before  the  regular  primary
 3    and  general  election  of  1980  and  before  each  election
 4    thereafter  shall  be conducted on the premises of facilities
 5    licensed or certified pursuant to the Nursing Home  Care  Act
 6    for  the  sole  benefit of residents of such facilities. Such
 7    voting  shall  be  conducted  during  any  continuous  period
 8    sufficient to allow all  applicants  to  cast  their  ballots
 9    between  the hours of 9 a.m. and 7 p.m. either on the Friday,
10    Saturday, Sunday or Monday immediately preceding the  regular
11    election. This absentee voting on one of said days designated
12    by the election authority shall be supervised by two election
13    judges  who must be selected by the election authority in the
14    following order of priority: (1) from  the  panel  of  judges
15    appointed for the precinct in which such facility is located,
16    or  from  a  panel of judges appointed for any other precinct
17    within the jurisdiction of the election authority in the same
18    ward or township, as the case may be, in which  the  facility
19    is  located or, only in the case where a judge or judges from
20    the precinct, township or ward are unavailable to serve,  (3)
21    from  a  panel  of  judges  appointed  for any other precinct
22    within the jurisdiction of the election  authority.  The  two
23    judges  shall  be  from different political parties. Not less
24    than 30 days  before  each  regular  election,  the  election
25    authority  shall  have arranged with the chief administrative
26    officer of each facility in his or its election  jurisdiction
27    a  mutually  convenient  time period on the Friday, Saturday,
28    Sunday or Monday immediately preceding the election for  such
29    voting  on  the  premises of the facility and shall post in a
30    prominent place in his or its office a notice of  the  agreed
31    day  and  time  period  for  conducting  such  voting at each
32    facility; provided that  the  election  authority  shall  not
33    later than noon on the Thursday before the election also post
34    the  names  and  addresses  of those facilities from which no
 
                            -32-           LRB9213181JMmbam06
 1    applications  were  received  and  in  which  no   supervised
 2    absentee  voting  will  be conducted.  All provisions of this
 3    Code applicable to pollwatchers shall be  applicable  herein.
 4    To  the  maximum  extent  feasible,  voting booths or screens
 5    shall be provided to insure the privacy of the voter.  Voting
 6    procedures  shall be as described in Article 17 of this Code,
 7    except that ballots shall be treated as absentee ballots  and
 8    shall  not  be  counted  until  the close of the polls on the
 9    following day. After the last voter has concluded voting, the
10    judges shall seal the ballots in an envelope and affix  their
11    signatures  across  the  flap  of  the  envelope. Immediately
12    thereafter, the judges shall bring the sealed envelope to the
13    office of the  election  authority  who  shall  preserve  the
14    ballots  in  the  office  of  the election authority in those
15    jurisdictions that have adopted a Direct Recording Electronic
16    Voting System under  Article  24C  and  that  count  absentee
17    ballots  in   the  office  of the election authority or shall
18    deliver the such  ballots  to  the  proper  precinct  polling
19    places  prior  to  the  closing  of  the  polls on the day of
20    election  in  election  jurisdictions  that  count   absentee
21    ballots  in  the  polling  place.  Provided, that in election
22    jurisdictions that count  absentee  ballots  in  the  polling
23    place  the  election authority may arrange for the judges who
24    conduct such voting on the  Monday  before  the  election  to
25    deliver  the  sealed envelope directly to the proper precinct
26    polling place on the day of election and shall announce  such
27    procedure  in  the  30 day notice heretofore prescribed.  The
28    judges  of  election  shall  also  report  to  the   election
29    authority  the name of any applicant in the facility who, due
30    to unforeseen circumstance  or  condition  or  because  of  a
31    religious  holiday,  was  unable to vote.  In this event, the
32    election authority may appoint a qualified person from his or
33    its staff to deliver the ballot to such applicant on the  day
34    of  election.   This  staff  person  shall  follow  the  same
 
                            -33-           LRB9213181JMmbam06
 1    procedures  prescribed  for judges conducting absentee voting
 2    in such facilities; but shall return the ballot to the proper
 3    precinct polling place before the polls  close.  However,  if
 4    the facility from which the application was made is also used
 5    as  a  regular  precinct polling place for that voter, voting
 6    procedures heretofore prescribed may be implemented by  2  of
 7    the election judges of opposite party affiliation assigned to
 8    that  polling  place during the hours of voting on the day of
 9    the election. Judges of election  shall  be  compensated  not
10    less  than  $25.00  for  conducting  absentee  voting in such
11    facilities.
12        Not less than 120 days before each regular election,  the
13    Department  of Public Health shall certify to the State Board
14    of Elections a list of the facilities licensed  or  certified
15    pursuant to the Nursing Home Care Act, and shall indicate the
16    approved   bed   capacity   and   the   name   of  the  chief
17    administrative officer of each such facility, and  the  State
18    Board  of Elections shall certify the same to the appropriate
19    election authority within 20 days thereafter.
20    (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)

21        (10 ILCS 5/19-15)
22        Sec. 19-15.  Precinct tabulation optical scan  technology
23    voting  equipment  and  direct  recording  electronic  voting
24    systems equipment.  If the election authority has adopted the
25    use  of  Precinct  Tabulation  Optical Scan Technology voting
26    equipment pursuant to Article 24B  of  this  Code  or  Direct
27    Recording  Electronic  Voting Systems equipment under Article
28    24C, and the provisions of those Articles the Article are  in
29    conflict   with  the  provisions  of  this  Article  19,  the
30    provisions of Article 24B or Article 24C, as the case may be,
31    shall  govern  the  procedures  followed  by   the   election
32    authority,  its  judges  of  elections, and all employees and
33    agents.  In  following  the  provisions  of  Article  24B  or
 
                            -34-           LRB9213181JMmbam06
 1    Article  24C, the election authority is authorized to develop
 2    and implement procedures to fully utilize Precinct Tabulation
 3    Optical Scan Technology voting equipment or Direct  Recording
 4    Electronic  Voting  Systems equipment authorized by the State
 5    Board of Elections  as  long  as  the  procedure  is  not  in
 6    conflict  with  either  Article  24B,  Article  24C,  or  the
 7    administrative rules of the State Board of Elections.
 8    (Source: P.A. 89-394, eff. 1-1-97.)

 9        (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
10        Sec.  20-2.  Any  member  of  the  United States Service,
11    otherwise qualified to vote, who expects in the course of his
12    duties to be absent from the county in which  he  resides  on
13    the  day  of holding any election may make application for an
14    absentee ballot to the election authority having jurisdiction
15    over his precinct of residence on the official postcard or on
16    a form furnished by the election authority as  prescribed  by
17    Section 20-3 of this Article not less than 10 days before the
18    election.  A  request  pursuant to this Section shall entitle
19    the applicant to an absentee ballot for every election in one
20    calendar year. The original application for ballot  shall  be
21    kept  in the office of the election authority for one year as
22    authorization to send a ballot to the voter for each election
23    to be held within that calendar year.  A  certified  copy  of
24    such  application for ballot shall be sent each election with
25    the absentee ballot to the polling place to be used  in  lieu
26    of the original application for ballot. No registration shall
27    be required in order to vote pursuant to this Section.
28        Ballots  under  this  Section  shall  be  mailed  by  the
29    election  authority  in the manner prescribed by Section 20-5
30    of this Article and not otherwise. Ballots voted  under  this
31    Section  must  be  returned  to  the  election  authority  in
32    sufficient  time  for  delivery  (i)  to  the proper precinct
33    polling place before the closing of the polls on the  day  of
 
                            -35-           LRB9213181JMmbam06
 1    the  election in jurisdictions that count absentee ballots in
 2    the polling place or (ii)  to  the  office  of  the  election
 3    authority   before   the   closing  of  the  polls  in  those
 4    jurisdictions that have adopted a Direct Recording Electronic
 5    Voting System under  Article  24C  and  that  count  absentee
 6    ballots in the office of the election authority.
 7    (Source: P.A. 86-875.)

 8        (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
 9        Sec.  20-2.1.  Citizens  of the United States temporarily
10    residing outside the territorial limits of the United  States
11    who  are  not  registered but otherwise qualified to vote and
12    who expect to be absent from their county of residence during
13    the periods of voter registration provided for in Articles 4,
14    5 or 6 of this Code and on the day of holding  any  election,
15    may  make  simultaneous application to the election authority
16    having jurisdiction over their precinct of residence  for  an
17    absentee  registration  and  absentee ballot not less than 30
18    days before the election. Such application may be made on the
19    official postcard or on a  form  furnished  by  the  election
20    authority  as  prescribed  by Section 20-3 of this Article. A
21    request pursuant to this Section shall entitle the  applicant
22    to  an  absentee  ballot  for  every election in one calendar
23    year. The original application for ballot shall  be  kept  in
24    the  office  of  the  election  authority  for  one  year  as
25    authorization to send a ballot to the voter for each election
26    to  be  held  within that calendar year.  A certified copy of
27    such application for ballot shall be sent each election  with
28    the  absentee  ballot to the polling place to be used in lieu
29    of the original application for ballot.
30        Registration shall be required in order to vote  pursuant
31    to  this Section. However, if the election authority receives
32    one of such applications after 30 days but not less  than  10
33    days  before a Federal election, said applicant shall be sent
 
                            -36-           LRB9213181JMmbam06
 1    a ballot containing the Federal offices only and registration
 2    for that election shall be waived.
 3        Ballots  under  this  Section  shall  be  mailed  by  the
 4    election authority in the manner prescribed by  Section  20-5
 5    of this Article and not otherwise.
 6        Ballots  under  this  Section  must  be  returned  to the
 7    election authority in sufficient time for delivery (i) to the
 8    proper precinct polling place before the closing of the polls
 9    on the day of the election in those jurisdictions that  count
10    absentee  ballots  in the polling place or (ii) to the office
11    of the election authority before the closing of the polls  on
12    election  day  in  those  jurisdictions  that  have adopted a
13    Direct Recording Electronic Voting System under  Article  24C
14    and that count absentee ballots in the office of the election
15    authority.
16    (Source: P.A. 86-875.)

17        (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
18        Sec.   20-2.2.    Any   non-resident   civilian  citizen,
19    otherwise qualified to vote,  may  make  application  to  the
20    election  authority  having jurisdiction over his precinct of
21    former  residence  for  an  absentee  ballot  containing  the
22    Federal offices only not less than 10 days before  a  Federal
23    election.   Such application may be made only on the official
24    postcard. A request pursuant to this  Section  shall  entitle
25    the applicant to an absentee ballot for every election in one
26    calendar  year  at  which  Federal  offices  are  filled. The
27    original application for ballot shall be kept in  the  office
28    of  the  election  authority for one year as authorization to
29    send a ballot to the voter  for  each  election  to  be  held
30    within  that  calendar  year  at  which  Federal  offices are
31    filled.  A certified copy  of  such  application  for  ballot
32    shall  be  sent each election with the absentee ballot to the
33    polling place to be used in lieu of the original  application
 
                            -37-           LRB9213181JMmbam06
 1    for  ballot.  No  registration  shall be required in order to
 2    vote pursuant to this Section.  Ballots  under  this  Section
 3    shall  be  mailed  by  the  election  authority in the manner
 4    prescribed by Section 20-5 of this Article and not otherwise.
 5    Ballots under this Section must be returned to  the  election
 6    authority  in  sufficient time for delivery (i) to the proper
 7    precinct polling place before the closing of the polls on the
 8    day  of  the  election  in  those  jurisdictions  that  count
 9    absentee ballots in the polling place or (ii) to  the  office
10    of  the election authority before the closing of the polls on
11    election day in  those  jurisdictions  that  have  adopted  a
12    Direct  Recording  Electronic Voting System under Article 24C
13    and that count absentee ballots in the office of the election
14    authority.
15    (Source: P.A. 86-875.)

16        (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
17        Sec. 20-7. Upon receipt of such  absent  voter's  ballot,
18    the  officer  or  officers  above  described  shall forthwith
19    enclose the same unopened, together with the application made
20    by said absent voter in a large  or  carrier  envelope  which
21    shall  be  securely  sealed  and  endorsed  with the name and
22    official title of such officer and the words, "This  envelope
23    contains  an  absent  voter's  ballot  and  must be opened on
24    election day," together with the number  and  description  of
25    the  precinct  in  which said ballot is to be voted, and such
26    officer shall thereafter safely keep the same in  his  office
27    until  counted  by  him  as provided in this Article the next
28    section.
29        Except as provided in Article 24C, the election authority
30    may choose (i) to deliver the absentee ballots to the  proper
31    precinct  polling  place before the close of the polls on the
32    election day to be counted by the precinct judges or (ii)  to
33    have  the  absentee  ballots  received  after  12:00  noon on
 
                            -38-           LRB9213181JMmbam06
 1    election day or too late for delivery before the  closing  of
 2    the  polls  on  election  day  counted  in  the office of the
 3    election authority by one or more panels of  election  judges
 4    appointed in the manner provided for in this Code.
 5    (Source: P.A. 81-155.)

 6        (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
 7        Sec.  20-8.  (a) In  election  jurisdictions  that  count
 8    absentee  ballots in the polling place, this subsection shall
 9    apply.
10        In case any such  ballot  is  received  by  the  election
11    authority   prior  to the delivery of the official ballots to
12    the judges of election of the precinct in which said  elector
13    resides,  such ballot envelope and application, sealed in the
14    carrier envelope, shall be enclosed in the same package  with
15    the  other  official  ballots  and therewith delivered to the
16    judges of such precinct. In case  the  official  ballots  for
17    such  precinct  have been delivered to the judges of election
18    at the time of the receipt by the election authority of  such
19    absent  voter's  ballot,  it  shall  immediately enclose said
20    envelope containing the absent voter's ballot, together  with
21    his  application  therefor,  in  a larger or carrier envelope
22    which shall be securely sealed and addressed on the  face  to
23    the  judges  of  election,  giving  the  name  or  number  of
24    precinct, street and number of polling place, city or town in
25    which  such  absent  voter  is  a  qualified elector, and the
26    words, "This envelope contains an absent voter's  ballot  and
27    must  be opened only on election day at the polls immediately
28    after the  polls  are  closed,"  mailing  the  same,  postage
29    prepaid, to such judges of election, or if more convenient he
30    or it may deliver such absent voter's ballot to the judges of
31    election  in person or by duly deputized agent and secure his
32    receipt for  delivery  of  such  ballot  or  ballots.  Absent
33    voter's  ballots  postmarked  after  11:59  p.m.  of  the day
 
                            -39-           LRB9213181JMmbam06
 1    immediately preceding the election returned to  the  election
 2    authority  too  late  to  be  delivered to the proper polling
 3    place before the closing of the polls on the day of  election
 4    shall  be  endorsed by the person receiving the same with the
 5    day and hour of receipt and shall be safely kept unopened  by
 6    the  election  authority  for the period of time required for
 7    the preservation of ballots used at such election, and  shall
 8    then,  without  being  opened, be destroyed in like manner as
 9    the used ballots of such election.
10        (b)  All absent voters' ballots received by the  election
11    authority  after  12:00  noon on election day or too late for
12    delivery to the proper polling place before  the  closing  of
13    the  polls  on  election day, except ballots returned by mail
14    postmarked after midnight preceding the opening of the  polls
15    on  election  day, and all absent voters' ballots in election
16    jurisdictions that use voting systems authorized  by  Article
17    24C  shall be counted in the office of the election authority
18    on the day of the election after 7:00 p.m. All absent voters'
19    ballots delivered in error  to  the  wrong  precinct  polling
20    place shall be returned to the election authority and counted
21    under this provision.
22        Such  counting shall commence no later than 8:00 p.m. and
23    shall be conducted by a panel or panels  of  election  judges
24    appointed  in the manner provided by law. Such counting shall
25    continue  until  all  absent  voters'  ballots  received   as
26    aforesaid have been counted.
27        The  procedures set forth in Section 19-9 of this Act and
28    Articles 17 and 18 of this Code, shall apply  to  all  absent
29    voters'  ballots  counted  under  this provision; except that
30    votes  shall  be  recorded  by  without  regard  to  precinct
31    designation.
32        Where certain absent voters' ballots are counted  in  the
33    office of the election authority as provided in this Section,
34    each   political   party,   candidate   and  qualified  civic
 
                            -40-           LRB9213181JMmbam06
 1    organization  shall  be  entitled   to   have   present   one
 2    pollwatcher   for  each  panel  of  election  judges  therein
 3    assigned.
 4    (Source: P.A. 84-861.)

 5        (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
 6        Sec. 20-9. At the close of the regular balloting  and  at
 7    the  close of the polls the judges of election of each voting
 8    precinct or the panel or panels of judges in  the  office  of
 9    the  election authority, as the case may be, shall proceed to
10    cast the absent voter's ballot separately, and as each absent
11    voter's ballot is taken  shall  open  the  outer  or  carrier
12    envelope,  announce  the absent voter's name, and compare the
13    signature upon the application with the  signature  upon  the
14    registration  record  card if the voter is registered or upon
15    the certification on the  ballot  envelope  if  there  is  no
16    registration card. In case the judges find the certifications
17    properly  executed,  that the signatures correspond, that the
18    applicant is a duly qualified elector in the precinct and the
19    applicant has not been present and voted  within  the  county
20    where he represents himself to be a qualified elector on such
21    election  day,  they  shall  open the envelope containing the
22    absent voter's ballot in such manner  as  not  to  deface  or
23    destroy  the  certification  thereon,  or  mark  or  tear the
24    ballots therein and take out the ballot  or  ballots  therein
25    contained  without  unfolding  or  permitting  the same to be
26    unfolded or examined, and having endorsed  or  initialed  the
27    ballot  in  like  manner  as other ballots are required to be
28    endorsed, shall deposit the same in the proper ballot box  or
29    boxes   and   mark   the  voter's  registration  record  card
30    accordingly or file the  application  in  lieu  thereof.  The
31    judges   shall   place   the  absentee  ballot  certification
32    envelopes in a separate envelope as per the direction of  the
33    election  authority.  Such  envelope  containing the absentee
 
                            -41-           LRB9213181JMmbam06
 1    ballot certification  envelopes  shall  be  returned  to  the
 2    election  authority  and  preserved  in  like  manner  as the
 3    official poll record.
 4        In case the signatures do not  correspond,  or  that  the
 5    applicant is not a duly qualified elector in such precinct or
 6    that  the  ballot  envelope  is  open  or has been opened and
 7    resealed (except for the purpose of military censorship),  or
 8    that  said  voter  is present and has voted within the county
 9    where he represents himself to be a qualified elector on  the
10    day  of  such  election at such election such previously cast
11    vote shall not be allowed, but  without  opening  the  absent
12    voter's envelope the judge of such election shall mark across
13    the face thereof, "Rejected", giving the reason therefor.
14        In  case  the ballot envelope contains duplicate ballots,
15    said ballots shall  not  be  counted,  but  shall  be  marked
16    "Rejected", giving the reason therefor.
17        The  absent  voters' envelopes and certifications and the
18    absent voters' envelope with its contents unopened, when such
19    absent vote is rejected shall be retained  and  preserved  in
20    the manner as now provided for the retention and preservation
21    of official ballots rejected at such election.
22    (Source: P.A. 87-1052.)

23        (10 ILCS 5/20-15)
24        Sec.  20-15.  Precinct tabulation optical scan technology
25    voting  equipment  and  direct  recording  electronic  voting
26    systems equipment.  If the election authority has adopted the
27    use of Precinct Tabulation  Optical  Scan  Technology  voting
28    equipment  pursuant  to  Article  24B  of this Code or Direct
29    Recording Electronic Voting Systems equipment  under  Article
30    24C  of  this  Code, and the provisions of those Articles the
31    Article are in conflict with the provisions of  this  Article
32    20, the provisions of Article 24B or Article 24C, as the case
33    may  be, shall govern the procedures followed by the election
 
                            -42-           LRB9213181JMmbam06
 1    authority, its judges of elections,  and  all  employees  and
 2    agents.   In  following  the  provisions  of  Article  24B or
 3    Article 24C, the election authority is authorized to  develop
 4    and implement procedures to fully utilize Precinct Tabulation
 5    Optical  Scan Technology voting equipment or Direct Recording
 6    Electronic Voting Systems equipment authorized by  the  State
 7    Board  of  Elections  as  long  as  the  procedure  is not in
 8    conflict  with  either  Article  24B,  Article  24C,  or  the
 9    administrative rules of the State Board of Elections.
10    (Source: P.A. 89-394, eff. 1-1-97.)

11        (10 ILCS 5/Art. 24C heading new)
12                   ARTICLE 24C.  DIRECT RECORDING
13                      ELECTRONIC VOTING SYSTEMS

14        (10 ILCS 5/24C-1 new)
15        Sec. 24C-1. Purpose.  The purpose of this Article  is  to
16    authorize  the  use  of  Direct  Recording  Electronic Voting
17    Systems approved by the  State  Board  of  Elections.   In  a
18    Direct  Recording Electronic Voting System, voters cast votes
19    by means of a ballot  display  provided  with  mechanical  or
20    electro-optical  devices  that can be activated by the voters
21    to mark their choices for the candidates of their  preference
22    and for or against public questions. The voting devices shall
23    be  capable  of  instantaneously recording the votes, storing
24    the votes, and tabulating the votes  at  the  precinct.  This
25    Article  authorizes  the  use  of Direct Recording Electronic
26    Voting Systems for in-precinct counting applications,  except
27    that  absentee  ballots  must be counted at the office of the
28    election authority.

29        (10 ILCS 5/24C-2 new)
30        Sec. 24C-2. Definitions.  As used in this Article:
31        "Audit  trail"  means  a  continuous  trail  of  evidence
 
                            -43-           LRB9213181JMmbam06
 1    linking individual transactions related  to  the  vote  count
 2    with  the  summary  record of vote totals, but that shall not
 3    allow for the identification of the voter.  It  shall  permit
 4    verification  of  the accuracy of the count and detection and
 5    correction of problems and shall provide  a  record  of  each
 6    step  taken in: defining and producing ballots and generating
 7    related software for specific elections;  installing  ballots
 8    and   software;   testing   system   readiness;  casting  and
 9    tabulating ballots; and producing  reports  of  vote  totals.
10    The record shall incorporate system status and error messages
11    generated  during  election  processing,  including  a log of
12    machine activities and routine and  unusual  intervention  by
13    authorized  and  unauthorized  individuals.   Also part of an
14    election audit trail is the documentation of  such  items  as
15    ballots  delivered  and  collected, administrative procedures
16    for system security, pre-election testing of voting  systems,
17    and maintenance performed on voting equipment.
18        "Ballot"  means  an  electronic audio or video display or
19    any other medium used to record a  voter's  choices  for  the
20    candidates of his or her preference and for or against public
21    questions.
22        "Ballot  configuration"  means the particular combination
23    of political subdivision or district ballots  including,  for
24    each   political  subdivision  or  district,  the  particular
25    combination of offices, candidate names, and public questions
26    as they appear for each group of voters who may cast the same
27    ballot.
28        "Ballot image" means a  corresponding  representation  in
29    electronic form of the mark or vote position of a ballot.
30        "Ballot  label"  or  "ballot screen" means the display of
31    material containing the names of offices and  candidates  and
32    public questions to be voted on.
33        "Computer",    "automatic   and   electronic   tabulating
34    equipment", or "equipment" includes (i)  apparatus  necessary
 
                            -44-           LRB9213181JMmbam06
 1    to automatically or electronically examine and count votes as
 2    designated  on ballots and (ii) data processing machines that
 3    can be used for counting ballots and tabulating results.
 4        "Computer  operator"  means   any   person   or   persons
 5    designated by the election authority to operate the automatic
 6    tabulating  equipment during any portion of the vote tallying
 7    process in an election,  but  shall  not  include  judges  of
 8    election operating vote tabulating equipment in the precinct.
 9        "Computer   program"   or  "program"  means  the  set  of
10    operating  instructions  for  the  automatic  or   electronic
11    tabulating   equipment   that   examines,   records,  counts,
12    tabulates, canvasses, and prints votes recorded by a voter on
13    a ballot.
14        "Direct  recording  electronic  voting  system",  "voting
15    system", or "system" means the combination of  equipment  and
16    programs  that  records  votes  by  means of a ballot display
17    provided with mechanical or electro-optical devices that  can
18    be  activated  by the voter, that processes the data by means
19    of a computer program, that records voting  data  and  ballot
20    images  in  internal  memory  devices,  and  that  produces a
21    tabulation of the voting data as hard copy  or  stored  in  a
22    removable memory device.
23        "Edit  listing" means a computer generated listing of the
24    names of each candidate and public question as they appear in
25    the program for each precinct.
26        "In-precinct counting" means the recording  and  counting
27    of  ballots  on  automatic or electronic tabulating equipment
28    provided by the  election  authority  in  the  same  precinct
29    polling place in which those ballots have been cast.
30        "Separate ballot" means a separate page or display screen
31    of  the  ballot  that  is clearly defined and distinguishable
32    from other portions of the ballot.
33        "Voting  device"  or  "voting  machine"  means  a  Direct
34    Recording Voting System apparatus.
 
                            -45-           LRB9213181JMmbam06
 1        (10 ILCS 5/24C-3 new)
 2        Sec. 24C-3. Adoption, experimentation, or abandonment  of
 3    Direct  Recording  Electronic  Voting  System;  boundaries of
 4    precincts; notice.  Any  county  board  or  board  of  county
 5    commissioners,   with   respect   to   territory  within  its
 6    jurisdiction, may adopt, experiment with, or abandon a Direct
 7    Recording Electronic Voting System approved for  use  by  the
 8    State  Board  of  Elections  and may use the system in all or
 9    some  of  the  precincts  within  its  jurisdiction,  or   in
10    combination  with  punch  cards,  paper  ballots,  or  ballot
11    sheets.  In  no  case  may  a  county  board, board of county
12    commissioners, or board of election commissioners contract or
13    arrange  for  the  purchase,  lease,  or  loan  of  a  Direct
14    Recording  Electronic  Voting  System  or  system   component
15    without  the  approval  of  the  State  Board of Elections as
16    provided by Section 24C-16.  The county board  and  board  of
17    county  commissioners  of  each county having a population of
18    40,000 or more, with respect to all elections  for  which  an
19    election  authority  is  charged  with  the duty of providing
20    materials  and  supplies,  must  provide  either   a   Direct
21    Recording  Electronic  Voting  System approved for use by the
22    State Board of Elections under this Article or voting systems
23    under Article 24,  Article  24A,  or  Article  24B  for  each
24    precinct  for  all  elections,  except as provided in Section
25    24-1.2.  For purposes of this Section "population"  does  not
26    include persons prohibited from voting by Section 3-5 of this
27    Code.
28        Before  any  Direct Recording Electronic Voting System is
29    introduced, adopted, or used in any precinct or territory, at
30    least 2 months public notice must be given before the date of
31    the first election when  the  system  is  to  be  used.   The
32    election  authority shall publish the notice at least once in
33    one or more newspapers published within the county, or  other
34    jurisdiction,  where  the  election  is held.  If there is no
 
                            -46-           LRB9213181JMmbam06
 1    such newspaper, the notice shall be published in a  newspaper
 2    published  in  the  county  and  having a general circulation
 3    within the jurisdiction.  The notice shall  be  substantially
 4    as follows:
 5        "Notice  is  hereby given that on (give date), at (insert
 6    place where election  is  held)  in  the  county  of  (insert
 7    county)  an election will be held for (insert name of offices
 8    to be filled) at which a Direct Recording  Electronic  Voting
 9    System will be used."
10        Dated at ... (insert date)"
11        This  notice referred to shall be given only at the first
12    election at which  the  Direct  Recording  Electronic  Voting
13    System is used.

14        (10 ILCS 5/24C-3.1 new)
15        Sec.  24C-3.1. Retention, consolidation, or alteration of
16    existing  precincts;  change  of  location.   When  a  Direct
17    Recording Electronic Voting System is used, the county  board
18    or  board  of  election  commissioners  may  retain  existing
19    precincts  or  may  consolidate, combine, alter, decrease, or
20    enlarge the boundaries of the precincts to change the  number
21    of  registered  voters  of  the  precincts  using the system,
22    establishing the number  of  registered  voters  within  each
23    precinct  at  a  number  not to exceed 800 as the appropriate
24    county board or board of  election  commissioners  determines
25    will  afford  adequate  voting  facilities  and efficient and
26    economical elections.
27        Except in the event of a fire, flood, or  total  loss  of
28    heat  in  a place fixed or established pursuant to law by any
29    county board or board of election commissioners as a  polling
30    place for an election, no election authority shall change the
31    location  of  a  polling  place  established for any precinct
32    after notice of the place of holding the  election  for  that
33    precinct  has been given as required under Article 12, unless
 
                            -47-           LRB9213181JMmbam06
 1    the election authority notifies all registered voters in  the
 2    precinct  of  the  change  in location by first class mail in
 3    sufficient  time  for  the  notice  to  be  received  by  the
 4    registered voters in the precinct at least one day  prior  to
 5    the date of the election.

 6        (10 ILCS 5/24C-4 new)
 7        Sec.  24C-4.  Use  of  Direct Recording Electronic Voting
 8    System; requisites; applicable procedure.   Direct  Recording
 9    Electronic  Voting  Systems may be used in elections provided
10    that the systems enable the voter to  cast  a  vote  for  all
11    offices  and  on  all public questions for which he or she is
12    entitled to vote, and that the systems are approved  for  use
13    by the State Board of Elections.
14        So  far  as applicable, the procedure provided for voting
15    paper ballots shall apply when  Direct  Recording  Electronic
16    Voting  Systems are used.  The provisions of this Article 24C
17    will govern when there are conflicts.

18        (10 ILCS 5/24C-5 new)
19        Sec. 24C-5. Voting booths.  In precincts where  a  Direct
20    Recording  Electronic  Voting  System  is  used, a sufficient
21    number of voting booths shall be provided for the use of  the
22    system  according to the requirements determined by the State
23    Board of Elections.  Each booth shall be placed so  that  the
24    entrance to each booth faces a wall in a manner that no judge
25    of election or pollwatcher is able to observe a voter casting
26    a ballot.

27        (10 ILCS 5/24C-5.1 new)
28        Sec. 24C-5.1. Instruction of voters.  Before entering the
29    voting booth each voter shall be offered instruction in using
30    the   Direct   Recording   Electronic   Voting   System.   In
31    instructing voters, no election judge may show partiality  to
 
                            -48-           LRB9213181JMmbam06
 1    any  political party or candidate.  The duties of instruction
 2    shall be discharged by a judge from  each  of  the  political
 3    parties  represented  and  they  shall  alternate  serving as
 4    instructor so that each judge shall  serve  a  like  time  at
 5    those  duties.   No instructions may be given after the voter
 6    has entered the voting booth.
 7        No election judge or person assisting a voter may in  any
 8    manner  request,  suggest,  or seek to persuade or induce any
 9    voter to cast his or her  vote  for  any  particular  ticket,
10    candidate,   amendment,   question,   or   proposition.   All
11    instructions shall be given by election judges  in  a  manner
12    that  it  may  be  observed  by  other persons in the polling
13    place.

14        (10 ILCS 5/24C-5.2 new)
15        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
16    Electronic Voting System; placement in public library.   When
17    a  Direct Recording Electronic Voting System is to be used in
18    a forthcoming election, the election authority  may  provide,
19    for  the  purpose  of instructing voters in the election, one
20    demonstrator Direct Recording Electronic Voting  System  unit
21    for  placement  in  any  public  library within the political
22    subdivision where the election occurs. If the placement of  a
23    demonstrator  takes place it shall be made available at least
24    30 days before the election.

25        (10 ILCS 5/24C-6 new)
26        Sec. 24C-6.  Ballot  information;  arrangement;  absentee
27    ballots;  spoiled  ballots.  The ballot information shall, as
28    far as practicable, be in the order of  arrangement  provided
29    for  paper  ballots,  except  that  the information may be in
30    vertical or horizontal rows or on a number of separate  pages
31    or display screens.
32        All public questions, including but not limited to public
 
                            -49-           LRB9213181JMmbam06
 1    questions    calling   for   a   constitutional   convention,
 2    constitutional amendment, or  judicial  retention,  shall  be
 3    placed  on  the  ballot  separate  and apart from candidates.
 4    Ballots for all public questions shall be clearly  designated
 5    pursuant  to  administrative  rule  of  the  State  Board  of
 6    Elections.    More than one amendment to the constitution may
 7    be  placed  on  the  same  portion  of  the  ballot   screen.
 8    Constitutional   convention   or   constitutional   amendment
 9    propositions   shall   precede   all   candidates  and  other
10    propositions and shall be placed on a separate portion of the
11    ballot and designated by borders  or  unique  color  screens,
12    unless otherwise provided by administrative rule of the State
13    Board  of  Elections.   More  than one public question may be
14    placed on the same portion of the ballot. Judicial  retention
15    propositions  shall  be  placed  on a separate portion of the
16    ballot designated pursuant  to  administrative  rule  of  the
17    State  Board  of  Elections.  More  than  one proposition for
18    retention of judges in office  may  be  placed  on  the  same
19    portion of the ballot.
20        The  party  affiliation, if any, of each candidate or the
21    word "independent", where applicable, shall  appear  near  or
22    under  the  candidate's name, and the names of candidates for
23    the same office shall be listed vertically under the title of
24    that office.   In  the  case  of  nonpartisan  elections  for
25    officers  of political subdivisions, unless the statute or an
26    ordinance adopted pursuant to Article  VII  of  the  Illinois
27    Constitution  requires  otherwise, the listing of nonpartisan
28    candidates shall  not  include  any  party  or  "independent"
29    designation.  In  primary elections, a separate ballot, shall
30    be used for each political party holding a primary, with  the
31    ballot  arranged  to  include  names of the candidates of the
32    party and public questions and other propositions to be voted
33    upon on the day of the primary election.
34        If the ballot includes both  candidates  for  office  and
 
                            -50-           LRB9213181JMmbam06
 1    public questions or propositions to be voted on, the election
 2    official in charge of the election shall divide the ballot in
 3    sections for "Candidates" and "Public Questions", or separate
 4    ballots may be used.
 5        Any  voter who spoils his or her ballot or makes an error
 6    shall be  provided  a  means  of  correcting  the  ballot  or
 7    obtaining a new ballot prior to casting his or her ballot.

 8        (10 ILCS 5/24C-6.1 new)
 9        Sec.  24C-6.1.  Security  designation.   In all elections
10    conducted under this Article, ballots shall have  a  security
11    designation.    In  precincts  where  more  than  one  ballot
12    configuration  may  be  voted  upon,  ballots  shall  have  a
13    different security designation for each ballot configuration.
14    If a precinct has only one possible ballot configuration, the
15    ballots must have a  security  designation  to  identify  the
16    precinct  and the election.  Where ballots from more than one
17    precinct are being tabulated, the ballots from each  precinct
18    must  be  clearly  identified;  official results shall not be
19    generated unless the precinct identification for any precinct
20    corresponds.  The Direct Recording Electronic  Voting  System
21    shall  be  designed  to  ensure  that  the  proper  ballot is
22    selected for each polling place and that the  format  can  be
23    matched  to the software or firmware required to interpret it
24    correctly.  The system shall provide a means  of  programming
25    each piece of equipment to reflect the ballot requirements of
26    the  election  and  shall  include a means for validating the
27    correctness of the program and of the program's  installation
28    in the equipment or in a programmable memory device.

29        (10 ILCS 5/24C-7 new)
30        Sec. 24C-7. Write-in ballots.  Pursuant to administrative
31    rule  of  the  State  Board  of Elections, a Direct Recording
32    Electronic Voting System shall provide an  acceptable  method
 
                            -51-           LRB9213181JMmbam06
 1    for  a  voter to vote for a person whose name does not appear
 2    on the ballot using  the  same  Direct  Recording  Electronic
 3    Voting  System used to record votes for candidates whose name
 4    do appear on the ballot.

 5        (10 ILCS 5/24C-8 new)
 6        Sec. 24C-8. Preparation for use; comparison  of  ballots;
 7    operational  checks  of  Direct  Recording  Electronic Voting
 8    Systems  equipment;  pollwatchers.   The  election  authority
 9    shall cause the approved Direct Recording  Electronic  Voting
10    System  equipment  to  be  delivered  to  the polling places.
11    Before  the  opening  of  the  polls,  all  Direct  Recording
12    Electronic Voting System  devices  shall  provide  a  printed
13    record   of   the   following,   upon   verification  of  the
14    authenticity of the commands by  a  judge  of  election:  the
15    election's   identification   data,   the   equipment's  unit
16    identification,  the  ballot's  format  identification,   the
17    contents  of  each active candidate register by office and of
18    each  active  public  question  register  showing  that  they
19    contain all zeros, all ballot fields  that  can  be  used  to
20    invoke  special  voting options, and other information needed
21    to ensure the readiness of the equipment, and to  accommodate
22    administrative reporting requirements.
23        The  Direct  Recording  Electronic  Voting  System  shall
24    provide  a  means for the election judges to open the polling
25    place and ready the equipment for  the  casting  of  ballots.
26    Those means shall incorporate a security seal, a password, or
27    a  data code recognition capability to prevent inadvertent or
28    unauthorized actuation of the poll-opening function.  If more
29    than one step is required, it shall enforce  their  execution
30    in the proper sequence.
31        Pollwatchers,  as  provided by law, shall be permitted to
32    closely  observe  the  judges  in  these  procedures  and  to
33    periodically inspect the Direct Recording  Electronic  Voting
 
                            -52-           LRB9213181JMmbam06
 1    System equipment when not in use by the voters.

 2        (10 ILCS 5/24C-9 new)
 3        Sec. 24C-9. Testing of Direct Recording Electronic Voting
 4    System  equipment  and  programs;  custody  of programs, test
 5    materials, and  ballots.   Prior  to  the  public  test,  the
 6    election authority shall conduct an errorless pre-test of the
 7    Direct  Recording  Electronic  Voting  System  equipment  and
 8    programs  to determine that they will correctly detect voting
 9    defects and count the votes cast  for  all  offices  and  all
10    public  questions.   On any day not less than 5 days prior to
11    the election day, the election authority shall publicly  test
12    the  Direct  Recording Electronic Voting System equipment and
13    programs to determine that  they  will  correctly  count  the
14    votes  cast  for  all  offices  and  on all public questions.
15    Public notice of the time and place  of  the  test  shall  be
16    given  at  least  48  hours before the test by publishing the
17    notice  in  one  or  more  newspapers  within  the   election
18    jurisdiction  of  the  election  authority, if a newspaper is
19    published in  that  jurisdiction.   If  a  newspaper  is  not
20    published  in that jurisdiction, notice shall be published in
21    a newspaper of  general  circulation  in  that  jurisdiction.
22    Timely written notice stating the date, time, and location of
23    the  public test shall also be provided to the State Board of
24    Elections.  The test shall be open to representatives of  the
25    political  parties,  the  press, representatives of the State
26    Board of  Elections,  and  the  public.  The  test  shall  be
27    conducted by entering a preaudited group of ballots marked to
28    record  a  predetermined  number  of  valid  votes  for  each
29    candidate  and on each public question, and shall include for
30    each office one or more ballots having  votes  exceeding  the
31    number  allowed  by law to test the ability of the electronic
32    tabulating equipment to reject the  votes.   The  test  shall
33    also include producing an edit listing.
 
                            -53-           LRB9213181JMmbam06
 1        The  State Board of Elections may select as many election
 2    jurisdictions that the Board deems advisable in the interests
 3    of the election process of this State to order a special test
 4    of the electronic tabulating equipment and program before any
 5    regular election.  The Board may order a special test in  any
 6    election  jurisdiction where, during the preceding 12 months,
 7    computer programming errors or other errors in the use of the
 8    system resulted in vote tabulation errors.  Not less than  30
 9    days  before any election, the State Board of Elections shall
10    provide written notice to those selected jurisdictions of its
11    intent to conduct a test.  Within 5 days of  receipt  of  the
12    State Board of Elections' written notice of intent to conduct
13    a  test,  the  selected  jurisdictions  shall  forward to the
14    principal office of the State Board of Elections  a  copy  of
15    all  specimen  ballots.   The State Board of Elections' tests
16    shall be conducted and completed not less than 2 days  before
17    the public test using testing materials supplied by the Board
18    and  under  the supervision of the Board, and the Board shall
19    reimburse the election authority for the reasonable  cost  of
20    computer time required to conduct the special test.  After an
21    errorless  test, materials used in the public test, including
22    the program, if  appropriate,  shall  be  sealed  and  remain
23    sealed  until  the test is run again on election day.  If any
24    error is detected, the cause of the error shall be determined
25    and corrected, and an errorless public  test  shall  be  made
26    before  the automatic tabulating equipment is approved.  Each
27    election authority shall file a sealed copy  of  each  tested
28    program  to  be  used  within its jurisdiction at an election
29    with the State Board of Elections before the election.    The
30    Board  shall  secure the program or programs of each election
31    jurisdiction so filed in its office for the 60 days following
32    the canvass and proclamation of  election  results.   At  the
33    expiration  of that time, if no election contest or appeal is
34    pending in an election jurisdiction, the Board  shall  return
 
                            -54-           LRB9213181JMmbam06
 1    the  sealed  program or programs to the election authority of
 2    the jurisdiction. After the completion of the count, the test
 3    shall be re-run using the same  program.   Immediately  after
 4    the  re-run, all material used in testing the program and the
 5    programs shall be sealed and retained under  the  custody  of
 6    the  election  authority  for  a  period  of 60 days.  At the
 7    expiration of that time the election authority shall  destroy
 8    the  voted ballots, together with all unused ballots returned
 9    from the precincts, provided, that if any contest of election
10    is pending at the time in which the ballots may  be  required
11    as  evidence  and  the  election  authority has notice of the
12    contest, the ballots shall not be destroyed until  after  the
13    contest  is  finally  determined.   If  the  use  of  back-up
14    equipment  becomes  necessary,  the same testing required for
15    the original equipment shall be conducted.

16        (10 ILCS 5/24C-10 new)
17        Sec. 24C-10.  Recording  of  votes  by  Direct  Recording
18    Electronic   Voting  Systems.  Whenever  a  Direct  Recording
19    Electronic Voting System is used to electronically record and
20    count the votes of ballots, the provisions  of  this  Section
21    shall  apply.   A  voter shall cast a proper vote on a ballot
22    pursuant to  the  instructions  provided  on  the  screen  or
23    labels.

24        (10 ILCS 5/24C-11 new)
25        Sec.  24C-11.  Functional  requirements.  The  functional
26    requirements  of  a Direct Recording Electronic Voting System
27    shall be specified by the administrative rules of  the  State
28    Board of Elections.

29        (10 ILCS 5/24C-12 new)
30        Sec.  24C-12.  Procedures  for  counting  and tallying of
31    ballots. In an election jurisdiction where a Direct Recording
 
                            -55-           LRB9213181JMmbam06
 1    Electronic Voting System is  used,  the  procedures  in  this
 2    Section for counting and tallying the ballots shall apply.
 3        Before  the opening of the polls, the judges of elections
 4    shall assemble the voting equipment and devices and turn  the
 5    equipment  on.  The judges shall, if necessary, take steps to
 6    actuate  the  voting  devices  and  counting   equipment   by
 7    inserting  into  the equipment and voting devices appropriate
 8    electronic media containing passwords  and  data  codes  that
 9    will  select the proper ballot formats for that polling place
10    and that will prevent inadvertent or  unauthorized  actuation
11    of  the  poll-opening  function.   Before  voting  begins and
12    before ballots are  entered  into  the  voting  devices,  the
13    judges  of election shall cause to be printed a record of the
14    following: (i) the election's identification data,  (ii)  the
15    device's  unit  identification,  (iii)  the  ballot's  format
16    identification,  (iv)  the  contents of each active candidate
17    register  by  office  and  of  each  active  public  question
18    register showing that they contain all zeros, (v) all  ballot
19    fields that can be used to invoke special voting options, and
20    (vi)  other information needed to ensure the readiness of the
21    equipment  and  to   accommodate   administrative   reporting
22    requirements.  The judges must also check to be sure that the
23    totals  are  all  zeros  in  the  counting columns and in the
24    public counter affixed to the voting devices.
25        After  the  judges  have  determined  that  a  person  is
26    qualified to vote, the judges shall enable a voting device to
27    be used by the voter and the proper ballot to which the voter
28    is entitled shall be selected.  The ballot may then  be  cast
29    by  the  voter by marking by appropriate means the designated
30    area of the  ballot  for  the  casting  of  a  vote  for  any
31    candidate  or  for  or against any public question. The voter
32    shall be able to vote for any and all candidates  and  public
33    measures  appearing  on  the  ballot  in any legal number and
34    combination and the voter shall be able to delete  or  change
 
                            -56-           LRB9213181JMmbam06
 1    his  or  her selections before the ballot is cast.  The voter
 2    shall be able to select candidates whose names do not  appear
 3    upon  the ballot for any office by following the instructions
 4    provided on the screen or labels as many names of  candidates
 5    as the voter is entitled to select for each office.
 6        Upon  completing  his  or  her selection of candidates or
 7    public questions, the voter shall  signify  that  voting  has
 8    been  completed by activating the appropriate button, switch,
 9    or active area of the ballot screen associated  with  end  of
10    voting.   Upon  activation, the voting system shall record an
11    image of the completed ballot,  shall  increment  the  proper
12    ballot  position  registers,  and  shall signify to the voter
13    that the ballot has been  cast.  The  voter  shall  exit  the
14    voting  station  and  the  voting  system  shall  prevent any
15    further attempt to vote until it has been re-activated by the
16    judges of election. If the voter fails to  cast  his  or  her
17    ballot  and  leaves  the polling place, 2 judges of election,
18    one from each of the 2 major political parties,  shall  spoil
19    the ballot.
20        Throughout the election day and before the closing of the
21    polls,  no person may check any vote totals for any candidate
22    or public question on the voting or counting equipment.
23        The precinct judges of election shall  check  the  public
24    register  to  determine whether the number of ballots counted
25    by the voting equipment agrees  with  the  number  of  voters
26    voting  as shown by the applications for ballot.  If the same
27    do not  agree,  the  judges  of  election  shall  immediately
28    contact  the  offices  of the election authority in charge of
29    the election for further  instructions.   If  the  number  of
30    ballots  counted  by  the  voting  equipment  agrees with the
31    number of voters voting  as  shown  by  the  application  for
32    ballot,  the  number  shall  be  listed  on the "Statement of
33    Ballots" form provided by the election authority.
34        The totals for all candidates and propositions  shall  be
 
                            -57-           LRB9213181JMmbam06
 1    tabulated and 4 copies of a "Certificate of Results" shall be
 2    printed by the electronic tabulating equipment.  In addition,
 3    one  copy  shall  be posted in a conspicuous place inside the
 4    polling place and every effort shall be made by the judges of
 5    election to provide a copy for each authorized pollwatcher or
 6    other official authorized to be present in the polling  place
 7    to  observe  the counting of ballots. Additional copies shall
 8    be made available to pollwatchers, but in no case shall there
 9    be fewer than 4 chosen by lot by the judges of election.   In
10    addition,  sufficient time shall be provided by the judges of
11    election  to  the  pollwatchers  to  allow   them   to   copy
12    information from the copy that has been posted.
13        If  instructed  by  the election authority, the judges of
14    election shall cause the tabulated returns to be  transmitted
15    electronically  to  the offices of the election authority via
16    modem or other electronic medium.
17        The  precinct  judges  of   election   shall   select   a
18    bi-partisan  team  of  2 judges, who shall immediately return
19    the ballots in a  sealed  container,  along  with  all  other
20    election   materials  and  equipment  as  instructed  by  the
21    election authority; provided,  however,  that  the  container
22    must  first  be  sealed  by the election judges with filament
23    tape or other  approved  sealing  devices  provided  for  the
24    purpose  in  a manner that the ballots cannot be removed from
25    the container without breaking the seal or filament tape  and
26    disturbing  any  signatures affixed by the election judges to
27    the container.  The election authority shall keep the  office
28    of   the   election  authority,  or  any  receiving  stations
29    designated by the authority, open for at least 12 consecutive
30    hours after the polls close or until the ballots and election
31    material  and  equipment,  as  instructed  by  the   election
32    authority,  from all precincts within the jurisdiction of the
33    election  authority  have  been  returned  to  the   election
34    authority.   Ballots  and  election  materials  and equipment
 
                            -58-           LRB9213181JMmbam06
 1    returned to the office of the election authority that are not
 2    signed and sealed as required by law shall not be accepted by
 3    the election authority until the judges returning the ballots
 4    make and sign the necessary corrections.  Upon acceptance  of
 5    the  ballots  and  election  materials  and  equipment by the
 6    election authority, the judges returning  the  ballots  shall
 7    take  a  receipt signed by the election authority and stamped
 8    with the time and date of the return.   The  election  judges
 9    whose duty it is to return any ballots and election materials
10    and  equipment  as  provided shall, in the event the ballots,
11    materials, or equipment  cannot  be  found  when  needed,  on
12    proper  request, produce the receipt that they are to take as
13    above provided.

14        (10 ILCS 5/24C-13 new)
15        Sec.  24C-13.  Counting   of   absentee   ballots.    All
16    jurisdictions   using   Direct  Recording  Electronic  Voting
17    Systems shall count absentee ballots at  the  office  of  the
18    election  authority.   The  provisions  of Sections 24A-9 and
19    24B-9 shall apply to the testing and notice requirements  for
20    central  count  tabulation equipment, including comparing the
21    signature on the ballot envelope with the  signature  of  the
22    voter  on  the permanent voter registration record card taken
23    from the master file; except that votes shall be recorded  by
24    precinct.
25        Any   election   authority   using   a  direct  recording
26    electronic voting system shall use  voting  systems  approved
27    for  use  under  Articles  16,  24A,  or  24B when conducting
28    absentee voting. The absentee ballots shall be  examined  and
29    processed  pursuant  to  Sections 19-9 and 20-9.  The results
30    shall be recorded by precinct and shall become  part  of  the
31    certificate of results.

32        (10 ILCS 5/24C-14 new)
 
                            -59-           LRB9213181JMmbam06
 1        Sec.  24C-14.  Tabulating  votes;  direction; presence of
 2    public; computer operator's log and canvass.   The  procedure
 3    for  tabulating  the votes by the Direct Recording Electronic
 4    Voting System shall be under the direction  of  the  election
 5    authority and shall conform to the requirements of the Direct
 6    Recording    Electronic    Voting   System.      During   any
 7    election-related  activity   using   the   Direct   Recording
 8    Electronic  Voting  System  equipment, the election authority
 9    shall dedicate the equipment to vote processing to ensure the
10    security and integrity of the system.
11        A reasonable number of pollwatchers shall be admitted  to
12    the  counting  location.   Persons may observe the tabulating
13    process at the discretion of the election authority; however,
14    at least one representative  of  each  established  political
15    party  and  authorized agents of the State Board of Elections
16    shall be permitted to observe this process at all times.   No
17    persons  except those employed and authorized for the purpose
18    shall touch any ballot, ballot box, return, or equipment.
19        The computer operator shall be designated by the election
20    authority and shall be sworn as  a  deputy  of  the  election
21    authority. In conducting the vote tabulation and canvass, the
22    computer operator must maintain a log which shall include the
23    following information:
24             (1)  alterations  made  to  programs associated with
25        the vote counting process;
26             (2)  if applicable, console messages relating to the
27        program  and  the  respective  responses  made   by   the
28        operator;
29             (3)  the  starting  time  for each precinct counted,
30        the number of ballots  counted  for  each  precinct,  any
31        equipment  problems  and,  insofar  as  practicable,  the
32        number   of  invalid  security  designations  encountered
33        during that count; and
34             (4)  changes  and  repairs  made  to  the  equipment
 
                            -60-           LRB9213181JMmbam06
 1        during the vote tabulation and canvass.
 2        The  computer  operator's  log  and  canvass   shall   be
 3    available for public inspection in the office of the election
 4    authority  for a period of 60 days following the proclamation
 5    of election results.  A copy of the computer  operator's  log
 6    and  the  canvass  shall be transmitted to the State Board of
 7    Elections upon its request and at its expense.

 8        (10 ILCS 5/24C-15 new)
 9        Sec.  24C-15.  Official  return  of  precinct;  check  of
10    totals; audit. The precinct  return  printed  by  the  Direct
11    Recording Electronic Voting System tabulating equipment shall
12    include  the  number  of  ballots  cast, ballots cast by each
13    political party for a primary election, and  votes  cast  for
14    each  candidate  and public question and shall constitute the
15    official return  of  each  precinct.    In  addition  to  the
16    precinct  return,  the  election  authority shall provide the
17    number of applications for  ballots  in  each  precinct,  the
18    total  number  of  ballots  counted in each precinct for each
19    political  subdivision  and  district,  and  the  number   of
20    registered  voters  in each precinct.  The election authority
21    shall check the totals shown by the precinct return  and,  if
22    there is an obvious discrepancy regarding the total number of
23    votes  cast  in any precinct, shall have the ballots for that
24    precinct audited to correct the return.  The  procedures  for
25    this audit shall apply prior to and after the proclamation is
26    completed;  however,  after  the proclamation of results, the
27    election authority must obtain a court order to unseal  voted
28    ballots  except for election contests and discovery recounts.
29    The certificate of results, that has been prepared and signed
30    by the judges of election in the polling  place  and  at  the
31    election  authority's  office  after  the  ballots  have been
32    tabulated, shall be the document  used  for  the  canvass  of
33    votes for the precinct.  Whenever a discrepancy exists during
 
                            -61-           LRB9213181JMmbam06
 1    the  canvass  of votes between the unofficial results and the
 2    certificate of results,  or  whenever  a  discrepancy  exists
 3    during  the  canvass  of  votes  between  the  certificate of
 4    results and the set of totals reflected on the certificate of
 5    results, the ballots for that precinct shall  be  audited  to
 6    correct the return.
 7        Prior  to  the proclamation, the election authority shall
 8    test the voting devices and equipment in 5% of the  precincts
 9    within the election jurisdiction.  The precincts to be tested
10    shall be selected after election day on a random basis by the
11    State  Board  of  Elections,  so  that  every precinct in the
12    election jurisdiction has an  equal  mathematical  chance  of
13    being selected.
14        The  test  shall  be  conducted  by entering a preaudited
15    group of ballots marked to record a predetermined  number  of
16    valid  votes  for each candidate and on each public question,
17    and shall include for each office one or  more  ballots  that
18    have votes in excess of the number allowed by law to test the
19    ability of the equipment to reject those votes.  If any error
20    is detected, the cause shall be determined and corrected, and
21    an  errorless  count  shall  be  made  prior  to the official
22    canvass and proclamation of election results.
23        The State Board of Elections, the  State's  Attorney  and
24    other  appropriate  law enforcement agencies, the chairman of
25    the county central committee of  each  established  political
26    party, and qualified civic organizations shall be given prior
27    written  notice  of the time and place of the test and may be
28    represented at the test.
29        The results of this re-tabulation shall be treated in the
30    same manner and have the same effect as the  results  of  the
31    discovery  procedures  set  forth  in  Section 22-9.1 of this
32    Code.  Upon completion of the test,  the  election  authority
33    shall  print a report showing the results of the test and any
34    errors encountered and the report shall be made available for
 
                            -62-           LRB9213181JMmbam06
 1    public inspection.

 2        (10 ILCS 5/24C-15.01 new)
 3        Sec. 24C-15.01. Transporting ballots to central  counting
 4    station;  container.   Upon  completion  of  the  tabulation,
 5    audit, or test of voting equipment, if the election authority
 6    so instructs, pursuant to Sections 24C-11 through 24C-15, the
 7    voting  equipment  and  ballots  from  each precinct shall be
 8    replaced in the container in which they were  transported  to
 9    the central counting station.  If the container is not a type
10    that  may  be  securely  locked,  then each container, before
11    being transferred from the counting station to storage, shall
12    be sealed with filament tape  wrapped  around  the  container
13    lengthwise  and  crosswise, at least twice each way, and in a
14    manner that the equipment and ballots cannot be removed  from
15    the container without breaking the tape.

16        (10 ILCS 5/24C-15.1 new)
17        Sec. 24B-15.1. Discovery recounts and election contests.
18    Discovery  recounts  and election contests shall be conducted
19    as otherwise provided for in this Code.  The Direct Recording
20    Electronic Voting System equipment shall be tested  prior  to
21    the  discovery  recount  or  election  contest as provided in
22    Section 24C-9 and then the official ballots shall be audited.
23        The log  of  the  computer  operator  and  all  materials
24    retained  by  the  election  authority  in  relation  to vote
25    tabulation and  canvass  shall  be  made  available  for  any
26    discovery recount or election contest.

27        (10 ILCS 5/24C-16 new)
28        Sec.  24C-16.  Approval  of  Direct  Recording Electronic
29    Voting Systems; requisites.  The  State  Board  of  Elections
30    shall  approve all Direct Recording Electronic Voting Systems
31    provided by this Article.
 
                            -63-           LRB9213181JMmbam06
 1        No Direct Recording Electronic  Voting  System  shall  be
 2    approved unless it fulfills the following requirements:
 3             (1)  It enables a voter to vote in absolute secrecy,
 4        except  in  the  case of voters who receive assistance as
 5        provided in this Code.
 6             (2)  It enables each voter to vote  at  an  election
 7        for  all  persons  and offices for whom and for which the
 8        voter is lawfully entitled to vote, to vote for  as  many
 9        persons  for  an  office as the voter is entitled to vote
10        for, and to vote for or against any public question  upon
11        which the voter is entitled to vote, but no other.
12             (3)  It  will  detect  and  reject  all votes for an
13        office or upon a public question when the voter has  cast
14        more  votes  for  the  office or upon the public question
15        than he or she is entitled to  cast;  provided,  however,
16        that  it  will inform a voter that the voter's choices as
17        recorded on the ballot for an office or  public  question
18        exceeds the number that the voter is entitled to vote for
19        on  that  office  or  public  question and will offer the
20        voter  an  opportunity  to  correct  the   error   before
21        rejecting the choices recorded on the voter's ballot.
22             (4)  It  will enable each voter in primary elections
23        to vote only for the candidates of  the  political  party
24        with  which  he  or  she  had  declared  affiliation  and
25        preclude  the  voter from voting for any candidate of any
26        other political party.
27             (5)  It enables a  voter  to  vote  a  split  ticket
28        selected  in part from the nominees of one party, in part
29        from the nominees of any or all  parties,  in  part  from
30        independent  candidates,  and in part of candidates whose
31        names are written in by the voter.
32             (6)  It enables a voter, at a Presidential election,
33        by a single selection to vote for  the  candidates  of  a
34        political party for Presidential electors.
 
                            -64-           LRB9213181JMmbam06
 1             (7)  It  will  prevent  anyone  voting  for the same
 2        person more than once for the same office.
 3             (8)  It will record and count accurately  each  vote
 4        properly  cast  for  or  against any candidate and for or
 5        against any public question, including the names  of  all
 6        candidates whose names are written in by the voters.
 7             (9)  It   will   be  capable  of  merging  the  vote
 8        tabulation results  produced  by  other  vote  tabulation
 9        systems, if necessary.
10             (10)  It  will  provide  a  means  for  sealing  and
11        resealing  the  vote  recording  devices to prevent their
12        unauthorized use and to  prevent  tampering  with  ballot
13        labels.
14             (11)  It  will  be suitably designed for the purpose
15        used, be durably constructed, and be designed for safety,
16        accuracy, and efficiency.
17             (12)  It will be designed to accommodate  the  needs
18        of elderly, handicapped, and disabled voters.
19             (13)  It  will  enable  a voter to vote for a person
20        whose name does not appear on the ballot.
21             (14)  It  will  be  designed  to  ensure  that  vote
22        recording devices or electronic tabulating equipment that
23        count votes at  the  precinct  will  not  be  capable  of
24        reporting vote totals before the close of the polls.
25             (15)  It will provide a paper audit trail.
26        The  State  Board  of Elections is authorized to withdraw
27    its approval of a Direct Recording Electronic  Voting  System
28    if the system fails to fulfill the above requirements.
29        No  vendor,  person,  or other entity may sell, lease, or
30    loan a Direct Recording Electronic Voting  System  or  system
31    component  to  any election jurisdiction unless the system or
32    system component is first approved  by  the  State  Board  of
33    Elections  pursuant  to  this  Section.  The  State  Board of
34    Elections shall not accept for testing  or  approval  of  any
 
                            -65-           LRB9213181JMmbam06
 1    system  or system component that has not first been evaluated
 2    by an independent  testing  laboratory  or  laboratories  for
 3    performance and reliability using the standards that may from
 4    time  to  time  be  promulgated  by the United States Federal
 5    Election Commission.  When  the  functional  requirements  of
 6    this  Section  are in conflict with the standards promulgated
 7    by the Federal Election  Commission,  the  standards  of  the
 8    Federal Election Commission shall govern.

 9        (10 ILCS 5/24C-17 new)
10        Sec.  24C-17.  Rules; number of voting booths.  The State
11    Board  of  Elections  may  make  reasonable  rules  for   the
12    administration  of  this Article and may prescribe the number
13    of voting booths required for the  various  types  of  voting
14    systems.

15        (10 ILCS 5/24C-18 new)
16        Sec.  24C-18.  Specimen  ballots;  publication.   When  a
17    Direct  Recording  Electronic  Voting  System  is  used,  the
18    election  authority  shall  cause to be published, at least 5
19    days before the day  of  each  general  and  general  primary
20    election,  in  2 or more newspapers published in and having a
21    general circulation in the county, a true and legible copy of
22    the  specimen  ballot  containing  the  names   of   offices,
23    candidates,  and  public questions to be voted on, as near as
24    may be, in the form in which they will appear on the official
25    ballot on election day.  A true legible copy may  be  in  the
26    form  of  an  actual  size  ballot  and shall be published as
27    required  by  this  Section  if  distributed  in  2  or  more
28    newspapers published and having a general circulation in  the
29    county as an insert.  For each election prescribed in Article
30    2A of this Code, specimen ballots shall be made available for
31    public  distribution  and  shall be supplied to the judges of
32    election for posting in the  polling  place  on  the  day  of
 
                            -66-           LRB9213181JMmbam06
 1    election.    Notice   for   the   consolidated   primary  and
 2    consolidated elections shall be given as provided in  Article
 3    12.

 4        (10 ILCS 5/24C-19 new)
 5        Sec.  24C-19.  Additional  method of voting. This Article
 6    shall be deemed to provide a method of voting in addition  to
 7    the methods otherwise provided in this Code.

 8        (10 ILCS 5/24A-20 rep.)

 9        Section  10.  The  Election  Code is amended by repealing
10    Section 24A-20.".

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