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Public Act 102-0819 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 19-3, 19-4, 19-5, 24A-10, 24A-10.1, 24A-14, 24B-10, | ||||
24B-10.1, and 24B-14 and by adding Section 19-2.6 as follows: | ||||
(10 ILCS 5/19-2.6 new) | ||||
Sec. 19-2.6. Vote by mail; voters with a print disability. | ||||
(a) Definitions. As used in this Section, unless the | ||||
context otherwise requires: | ||||
"Assistive technology" means any equipment, software, or | ||||
product used to increase, maintain, or improve the functional | ||||
capabilities of individuals with disabilities, including, but | ||||
not limited to, screen reading and magnification software, | ||||
refreshable Braille displays, and speech recognition programs. | ||||
"Certified remote accessible vote by mail system" means a | ||||
process approved by the State Board of Elections through which | ||||
an election authority provides for the electronic transmission | ||||
of a vote by mail ballot to a voter with a print disability and | ||||
through which the voter with a print disability marks and | ||||
verifies the voter's ballot using assistive technology. | ||||
"Electronic transmission" means the transfer of data or | ||||
information through an authorized electronic data interchange |
system. | ||
"Voter with a print disability" means a person having a | ||
temporary or permanent physical or mental impairment, such as | ||
blindness, low vision, physical dexterity limitations, or | ||
learning or cognitive disabilities, that prevents the person | ||
from effective reading, writing, or use of printed material. | ||
(b) The State Board of Elections shall provide a certified | ||
remote accessible vote by mail system for the General Election | ||
of November 8, 2022 and all subsequent elections, through | ||
which a vote by mail ballot can be delivered by electronic | ||
transmission to voters with print disabilities and through | ||
which voters with print disabilities are able to mark and | ||
verify their ballots using assistive technology. | ||
(c) Election authorities shall permit voters with a print | ||
disability to receive and mark their vote by mail ballots (i) | ||
through the certified remote accessible vote by mail system | ||
provided by the State Board of Elections pursuant to | ||
subsection (b) of this Section or (ii) through a certified | ||
remote accessible vote by mail system provided by the election | ||
authority. | ||
(d) If a vote by mail ballot application from a voter with | ||
a print disability arrives after the jurisdiction begins | ||
transmitting vote by mail ballots and instructions to voters, | ||
the election authority shall electronically transmit the | ||
ballot, instructions, and balloting materials to the voter | ||
within two business days after receipt of the application. |
(e) Ballots received and marked pursuant to this Section | ||
must be printed by the voter and returned to the election | ||
authority as provided in Section 19-6. | ||
(f) The State Board of Elections shall adopt rules, | ||
including emergency rules, necessary for the implementation of | ||
this Section. The State Board of Elections' adopted rules | ||
shall include certification standards for a remote accessible | ||
vote by mail system and a method subject to the provisions in | ||
Sections 19-2 and 19-3 of this Article by which a voter with a | ||
print disability may request to use a certified remote | ||
accessible vote by mail system and apply for an accessible | ||
vote by mail ballot. | ||
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||
Sec. 19-3. Application for a vote by mail ballot. | ||
(a) The
application for a vote by mail ballot for a single | ||
election shall be substantially in the
following form: | ||
APPLICATION FOR VOTE BY MAIL BALLOT | ||
To be voted at the .... election in the County of .... and | ||
State of
Illinois, in the .... precinct of the (1) *township of | ||
.... (2) *City of
.... or (3) *.... ward in the City of .... | ||
I state that I am a resident of the .... precinct of the | ||
(1)
*township of .... (2) *City of .... or (3) *.... ward in | ||
the city of
.... residing at .... in such city or town in the | ||
county of .... and
State of Illinois; that I have lived at such | ||
address for .... month(s)
last past; that I am lawfully |
entitled to vote in such precinct at the
.... election to be | ||
held therein on ....; and that I wish to vote by vote by mail | ||
ballot. | ||
I hereby make application for an official ballot or | ||
ballots to be
voted by me at such election, and I agree that I | ||
shall return such ballot or ballots to the
official issuing | ||
the same prior to the closing of the polls on the date
of the | ||
election or, if returned by mail, postmarked no later than | ||
election day, for counting no later than during the period for | ||
counting provisional ballots, the last day of which is the | ||
14th day following election day. | ||
I understand that this application is made for an official | ||
vote by mail ballot or ballots to be voted by me at the | ||
election specified in this application and that I must submit | ||
a separate application for an official vote by mail ballot or | ||
ballots to be voted by me at any subsequent election. | ||
Under penalties as provided by law pursuant to Section | ||
29-10 of the
Election Code, the undersigned certifies that the | ||
statements set forth
in this application are true and correct. | ||
.... | ||
*fill in either (1), (2) or (3). | ||
Post office address to which ballot is mailed: | ||
............... | ||
(a-5) The application for a single vote by mail ballot | ||
transmitted electronically pursuant to Section 19-2.6 shall be | ||
substantively similar to the application for a vote by mail |
ballot for a single election and shall include: | ||
I swear or affirm that I am a voter with a print | ||
disability, and, as a result of this disability, I am | ||
making a request to receive a vote by mail ballot | ||
electronically so that I may privately and independently | ||
mark, verify, and print my vote by mail ballot. | ||
(b) The application for permanent vote by mail status | ||
shall be substantially in the following form: | ||
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | ||
I am currently a registered voter and wish to apply for | ||
permanent vote by mail status. | ||
I state that I am a resident of the City of .... residing | ||
at .... in such city in the county of .... and State of | ||
Illinois; that I have lived at such address for .... month(s) | ||
last past; that I am lawfully entitled to vote in such precinct | ||
at the .... election to be held therein on ....; and that I | ||
wish to vote by vote by mail ballot in: | ||
..... all subsequent elections that do not require a party | ||
designation. | ||
..... all subsequent elections, and I wish to receive a | ||
................... Party vote by mail ballot in | ||
elections that require a party designation. | ||
I hereby make application for an official ballot or | ||
ballots to be voted by me at such election, and I agree that I | ||
shall return such ballot or ballots to the official issuing | ||
the same prior to the closing of the polls on the date of the |
election or, if returned by mail, postmarked no later than | ||
election day, for counting no later than during the period for | ||
counting provisional ballots, the last day of which is the | ||
14th day following election day. | ||
Under penalties as provided by law under Section 29-10 of | ||
the Election Code, the undersigned certifies that the | ||
statements set forth in this application are true and correct. | ||
.... | ||
Post office address to which ballot is mailed: | ||
............... | ||
(b-5) The application for permanent vote by mail ballots | ||
transmitted electronically pursuant to Section 19-2.6 shall be | ||
substantively similar to the application for permanent vote by | ||
mail status and shall include: | ||
I swear or affirm that I am a voter with a | ||
non-temporary print disability, and as a result of this | ||
disability, I am making a request to receive vote by mail | ||
ballots electronically so that I may privately and | ||
independently mark, verify, and print my vote by mail | ||
ballots. | ||
(c) However, if application is made for a primary election | ||
ballot, such
application shall require the applicant to | ||
designate the name of the political party with which
the | ||
applicant is affiliated. The election authority shall allow | ||
any voter on permanent vote by mail status to change his or her | ||
party affiliation for a primary election ballot by a method |
and deadline published and selected by the election authority. | ||
(d) If application is made electronically, the applicant | ||
shall mark the box associated with the above described | ||
statement included as part of the online application | ||
certifying that the statements set forth in the application | ||
under subsection (a) or (b) are true and correct, and a | ||
signature is not required. | ||
(e) Any person may produce, reproduce, distribute, or | ||
return to an election authority an application under this | ||
Section. If applications are sent to a post office box | ||
controlled by any individual or organization that is not an | ||
election authority, those applications shall (i) include a | ||
valid and current phone number for the individual or | ||
organization controlling the post office box and (ii) be | ||
turned over to the appropriate election authority within 7 | ||
days of receipt or, if received within 2 weeks of the election | ||
in which an applicant intends to vote, within 2 days of | ||
receipt. Failure to turn over the applications in compliance | ||
with this paragraph shall constitute a violation of this Code | ||
and shall be punishable as a petty offense with a fine of $100 | ||
per application. Removing, tampering with, or otherwise | ||
knowingly making the postmark on the application unreadable by | ||
the election authority shall establish a rebuttable | ||
presumption of a violation of this paragraph. Upon receipt, | ||
the appropriate election authority shall accept and promptly | ||
process any application under this Section submitted in a form |
substantially similar to that required by this Section, | ||
including any substantially similar production or reproduction | ||
generated by the applicant. | ||
(f) An election authority may combine the applications in | ||
subsections (a) and (b) onto one form, but the distinction | ||
between the applications must be clear and the form must | ||
provide check boxes for an applicant to indicate whether he or | ||
she is applying for a single election vote by mail ballot or | ||
for permanent vote by mail status. | ||
(Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
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Sec. 19-4. Mailing or delivery of ballots; time. | ||
Immediately upon
the receipt of such application either by | ||
mail or electronic means, not more than 90 days
nor less than 5 | ||
days prior to such election, or by personal delivery not
more | ||
than 90 days nor less than one day prior to such election, at | ||
the
office of such election authority, it shall be the duty of | ||
such election
authority to examine the records to ascertain | ||
whether or not such
applicant is lawfully entitled to vote as
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requested, including a verification of the applicant's | ||
signature by comparison with the signature on the official | ||
registration record card, and if found so to be entitled to | ||
vote, to post within one business day thereafter
the name, | ||
street address,
ward and precinct number or township and | ||
district number, as the case may be,
of such applicant given on |
a list, the pages of which are to be numbered
consecutively to | ||
be kept by such election authority for such purpose in a
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conspicuous, open and public place accessible to the public at | ||
the entrance of
the office of such election authority, and in | ||
such a manner that such list may
be viewed without necessity of | ||
requesting permission therefor. Within one
day after posting | ||
the name and other information of an applicant for a vote by | ||
mail
ballot, the election authority shall transmit by | ||
electronic means pursuant to a process established by the | ||
State Board of Elections that name and other
posted | ||
information to the State Board of Elections, which shall | ||
maintain those
names and other information in an electronic | ||
format on its website, arranged by
county and accessible to | ||
State and local political committees. Within 2
business days | ||
after posting a name and other information on the list within
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its
office, but no sooner than 40 days before an election, the | ||
election authority shall mail,
postage prepaid, or deliver in | ||
person in such office , or deliver via electronic transmission | ||
pursuant to Section 19-2.6, an official ballot
or ballots if | ||
more than one are to be voted at said election. Mail delivery
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of Temporarily Absent Student ballot applications pursuant to | ||
Section
19-12.3 shall be by nonforwardable mail. However,
for | ||
the consolidated election, vote by mail ballots for certain | ||
precincts may
be delivered to applicants not less than 25 days | ||
before the election if
so much time is required to have | ||
prepared and printed the ballots containing
the names of |
persons nominated for offices at the consolidated primary.
The | ||
election authority shall enclose with each vote by mail ballot | ||
or
application written instructions on how voting assistance | ||
shall be provided
pursuant to Section 17-14 and a document, | ||
written and approved by the State
Board of Elections, | ||
informing the vote by mail voter of the required postage for | ||
returning the application and ballot, and
enumerating
the | ||
circumstances under which a person is authorized to vote by | ||
vote by mail
ballot pursuant to this Article; such document | ||
shall also include a
statement informing the applicant that if | ||
he or she falsifies or is
solicited by another to falsify his | ||
or her
eligibility to cast a vote by mail ballot, such | ||
applicant or other is subject
to
penalties pursuant to Section | ||
29-10 and Section 29-20 of the Election Code.
Each election | ||
authority shall maintain a list of the name, street address,
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ward and
precinct, or township and district number, as the | ||
case may be, of all
applicants who have returned vote by mail | ||
ballots to such authority, and the name of such vote by mail | ||
voter shall be added to such list
within one business day from | ||
receipt of such ballot.
If the vote by mail ballot envelope | ||
indicates that the voter was assisted in
casting the ballot, | ||
the name of the person so assisting shall be included on
the | ||
list. The list, the pages of which are to be numbered | ||
consecutively,
shall be kept by each election authority in a | ||
conspicuous, open, and public
place accessible to the public | ||
at the entrance of the office of the election
authority and in |
a manner that the list may be viewed without necessity of
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requesting permission for viewing.
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Each election authority shall maintain a list for each | ||
election
of the
voters to whom it has issued vote by mail | ||
ballots. The list shall be
maintained for each precinct within | ||
the jurisdiction of the election
authority. Prior to the | ||
opening of the polls on election day, the
election authority | ||
shall deliver to the judges of election in each
precinct the | ||
list of registered voters in that precinct to whom vote by mail
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ballots have been issued by mail.
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Each election authority shall maintain a list for each | ||
election of
voters to whom it has issued temporarily absent | ||
student ballots. The list
shall be maintained for each | ||
election jurisdiction within which such voters
temporarily | ||
abide. Immediately after the close of the period during which
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application may be made by mail or electronic means for vote by | ||
mail ballots, each election
authority shall mail to each other | ||
election authority within the State a
certified list of all | ||
such voters temporarily abiding within the
jurisdiction of the | ||
other election authority.
| ||
In the event that the return address of an
application for | ||
ballot by a physically incapacitated elector
is that of a | ||
facility licensed or certified under the Nursing Home Care
| ||
Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||
the ID/DD Community Care Act, or the MC/DD Act, within the | ||
jurisdiction of the election authority, and the applicant
is a |
registered voter in the precinct in which such facility is | ||
located,
the ballots shall be prepared and transmitted to a | ||
responsible judge of
election no later than 9 a.m. on the | ||
Friday, Saturday, Sunday, or Monday immediately
preceding the | ||
election as designated by the election authority under
Section | ||
19-12.2. Such judge shall deliver in person on the designated | ||
day
the ballot to the applicant on the premises of the facility | ||
from which
application was made. The election authority shall | ||
by mail notify the
applicant in such facility that the ballot | ||
will be delivered by a judge of
election on the designated day.
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All applications for vote by mail ballots shall be | ||
available at the office
of the election authority for public | ||
inspection upon request from the
time of receipt thereof by | ||
the election authority until 30 days after the
election, | ||
except during the time such applications are kept in the
| ||
office of the election authority pursuant to Section 19-7, and | ||
except during
the time such applications are in the possession | ||
of the judges of election.
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Notwithstanding any provision of this Section to the | ||
contrary, pursuant to subsection (a) of Section 30 of the | ||
Address Confidentiality for Victims of Domestic Violence, | ||
Sexual Assault, Human Trafficking, or Stalking Act, neither | ||
the name nor the address of a program participant under that | ||
Act shall be included in any list of registered voters | ||
available to the public, including the lists referenced in | ||
this Section. |
(Source: P.A. 102-292, eff. 1-1-22 .)
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(10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||
Sec. 19-5. Folding and enclosure of ballots in unsealed | ||
envelope; address on envelope; certification; instructions for | ||
marking and returning ballots. It shall be the duty of the | ||
election authority to fold the
ballot or ballots in the manner | ||
specified by the statute for folding
ballots prior to their | ||
deposit in the ballot box, and to enclose such
ballot or | ||
ballots in an envelope unsealed to be furnished by him, which
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envelope shall bear upon the face thereof the name, official | ||
title and
post office address of the election authority, and | ||
upon the other side
a printed certification in substantially | ||
the
following form:
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I state that I am a resident of the .... precinct of the | ||
(1)
*township of .... (2) *City of .... or (3) *.... ward in | ||
the city of
.... residing at .... in such city or town in the | ||
county of .... and
State of Illinois, that I have lived at such | ||
address for .... months
last past; and that I am lawfully | ||
entitled to vote in such precinct at the
.... election to be | ||
held on .....
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed | ||
ballot in secret.
| ||
Under penalties of perjury as provided by law pursuant to | ||
Section 29-10
of The Election Code, the undersigned certifies |
that the statements set
forth in this certification are true | ||
and correct.
| ||
.......................
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If the ballot is to go to an elector who is physically | ||
incapacitated and needs assistance marking the ballot,
the | ||
envelope shall bear upon the back thereof a certification in
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substantially the following form:
| ||
I state that I am a resident of the .... precinct of the | ||
(1)
*township of .... (2) *City of .... or (3) *.... ward in | ||
the city of
.... residing at .... in such city or town in the | ||
county of .... and
State of Illinois, that I have lived at such | ||
address for .... months
last past; that I am lawfully entitled | ||
to vote in such precinct at the
.... election to be held on | ||
....; that I am physically incapable
of personally marking the | ||
ballot for
such election.
| ||
*fill in either (1), (2) or (3).
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I further state that I marked the enclosed ballot in | ||
secret with the assistance of
| ||
.................................
| ||
(Individual rendering assistance)
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.................................
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(Residence Address)
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Under penalties of perjury as provided by law pursuant to | ||
Section 29-10
of The Election Code, the undersigned certifies | ||
that the statements set forth
in this certification are true | ||
and correct.
|
.......................
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In the case of a voter with a physical
incapacity, marking | ||
a ballot in secret includes marking a ballot with the
| ||
assistance of another individual, other than a candidate
whose | ||
name appears on the ballot (unless the voter is the spouse or a
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parent, child, brother, or sister of the candidate),
the | ||
voter's employer, an
agent of that employer, or an officer or | ||
agent of the voter's union, when
the voter's physical | ||
incapacity necessitates such assistance.
| ||
In the case of a physically incapacitated voter, marking a | ||
ballot in secret includes marking a ballot with the
assistance | ||
of another individual, other than a candidate
whose name | ||
appears on the ballot (unless the voter is the spouse or a
| ||
parent, child, brother, or sister of the candidate), the | ||
voter's
employer, an
agent of that employer, or an officer or | ||
agent of the voter's union, when
the voter's physical | ||
incapacity necessitates such assistance.
| ||
Provided, that if the ballot enclosed is to be voted at a | ||
primary
election, the certification shall designate the name | ||
of the political
party with which the voter is affiliated.
| ||
In addition to the above, the election authority shall | ||
provide
printed slips , or an electronic version thereof for | ||
voters voting by mail pursuant to Section 19-2.6, giving full | ||
instructions regarding the manner of marking
and returning the | ||
ballot in order that the same may be counted, and
shall furnish | ||
one of such printed slips or the electronic version thereof |
for voters voting by mail pursuant to Section 19-2.6 to each of | ||
such applicants at
the same time the ballot is delivered to | ||
him.
Such instructions shall include the following statement: | ||
"In signing the
certification on the vote by mail ballot | ||
envelope, you are attesting that you
personally marked this | ||
vote by mail ballot in secret. If you are physically
unable to | ||
mark the ballot, a friend or relative may assist you after
| ||
completing the enclosed affidavit. Federal and State laws | ||
prohibit a
candidate whose name appears on the ballot (unless | ||
you
are the spouse or a parent, child, brother, or sister of | ||
the candidate), your
employer, your employer's agent or an | ||
officer or agent of your union
from assisting voters with | ||
physical disabilities."
| ||
In addition to the above, if a ballot to be provided to an | ||
elector
pursuant to this Section contains a public question | ||
described in subsection
(b) of Section 28-6 and the territory | ||
concerning which the question is
to be submitted is not | ||
described on the ballot due to the space limitations
of such | ||
ballot, the election authority shall provide a printed copy of
| ||
a notice of the public question, which shall include a | ||
description of the
territory in the manner required by Section | ||
16-7. The notice shall be
furnished to the elector at the same | ||
time the ballot is delivered to the
elector.
| ||
Election authorities transmitting ballots by electronic | ||
transmission pursuant to Section 19-2.6 shall, to the greatest | ||
extent possible, provide those applicants with the same |
instructions, certifications, and other balloting materials | ||
required when sending ballots by mail. | ||
(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| ||
(10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| ||
Sec. 24A-10. (1) In an election jurisdiction which has | ||
adopted an
electronic voting system, the election official in | ||
charge of the
election shall select one of the 3 following | ||
procedures for receiving,
counting, tallying, and return of | ||
the ballots:
| ||
(a) Two ballot boxes shall be provided for each polling | ||
place. The
first ballot box is for the depositing of votes cast | ||
on the electronic
voting system; and the second ballot box is | ||
for all votes cast on paper
ballots, including any
paper | ||
ballots
required to be voted other than on the electronic | ||
voting system.
Ballots
deposited in the second
ballot box | ||
shall be counted, tallied, and returned as is elsewhere
| ||
provided in this Code for the counting and
handling of paper | ||
ballots. Immediately after the closing of the polls, the | ||
judges of election shall make out a slip indicating the
number | ||
of persons who voted in the precinct at the election. Such slip
| ||
shall be signed by all the judges of election and shall be | ||
inserted by
them in the first ballot box. The judges of | ||
election shall thereupon
immediately lock each ballot box; | ||
provided, that if
such box is not of a type which may be | ||
securely locked, such box shall be
sealed with filament tape |
provided for such purpose
which shall be wrapped around the | ||
box lengthwise and crosswise, at least
twice each way, and in | ||
such manner that the seal completely covers the
slot in the | ||
ballot box, and each of the judges shall sign such seal. | ||
Thereupon
two of the judges of election, of different | ||
political parties, shall
forthwith and by the most direct | ||
route transport both ballot boxes to
the counting location | ||
designated by the county clerk or board of
election | ||
commissioners.
| ||
Before the ballots of a precinct are fed to the electronic | ||
tabulating
equipment, the first ballot box shall be opened at | ||
the central counting
station by the two precinct transport | ||
judges. Upon opening a ballot box,
such team shall first count | ||
the number of ballots in the box. If 2 or
more are folded | ||
together so as to appear to have been cast by the same
person, | ||
all of the ballots so folded together shall be marked and
| ||
returned with the other ballots in the same condition, as near | ||
as may
be, in which they were found when first opened, but | ||
shall not be
counted. If the remaining ballots are found to | ||
exceed the number of
persons voting in the precinct as shown by | ||
the slip signed by the judges
of election, the ballots shall be | ||
replaced in the box, and the box
closed and well shaken and | ||
again opened and one of the precinct
transport judges shall | ||
publicly draw out so many ballots unopened as are
equal to such | ||
excess.
| ||
Such excess ballots shall be marked "Excess-Not Counted" |
and signed
by the two precinct transport judges and shall be | ||
placed in the "After
7:00 p.m. Defective Ballots Envelope". | ||
The number of excess ballots
shall be noted in the remarks | ||
section of the Certificate of Results.
"Excess" ballots shall | ||
not be counted in the total of "defective"
ballots.
| ||
The precinct transport judges shall then examine the | ||
remaining
ballots for write-in votes and shall count and | ||
tabulate the write-in
vote; or
| ||
(b) A single ballot box, for the deposit of all votes cast, | ||
shall be
used. All ballots which are not to be tabulated on the | ||
electronic voting
system shall be counted, tallied, and | ||
returned as elsewhere provided in this Code
for the counting | ||
and handling of paper
ballots.
| ||
All ballots to be processed and tabulated with the | ||
electronic voting
system shall be processed as follows:
| ||
Immediately after the closing of the polls, the precinct | ||
judges of
election then shall open the ballot box and canvass | ||
the votes polled to
determine that the number of ballots | ||
therein agree with the number of
voters voting as shown by the | ||
applications for ballot or if the same do
not agree the judges | ||
of election shall make such ballots agree with the
| ||
applications for ballot in the manner provided by Section | ||
17-18 of this Code. The judges of election shall then examine | ||
all ballot cards and ballot card envelopes which
are in
the | ||
ballot box to determine whether the
ballot cards and
ballot | ||
card envelopes bear the initials of a precinct judge of |
election.
If any ballot card or ballot card envelope is not
| ||
initialed, it shall be marked on the back "Defective," | ||
initialed as to
such label by all judges immediately under | ||
such word "Defective," and
not counted, but placed in the | ||
envelope provided for that purpose
labeled "Defective Ballots | ||
Envelope."
| ||
When an electronic voting system is used which utilizes a | ||
ballot
card, before separating the ballot cards from their | ||
respective
covering envelopes, the judges of election shall | ||
examine the ballot card
envelopes for write-in votes. When the | ||
voter has voted a write-in vote,
the judges of election shall | ||
compare the write-in vote with the votes on
the ballot card to | ||
determine whether such write-in results in an
overvote for any | ||
office. In case of an overvote for any office, the
judges of | ||
election, consisting in each case of at least one judge of
| ||
election of each of the two major political parties, shall | ||
make a true
duplicate ballot of all votes on such ballot card | ||
except for the office
which is overvoted, by using the ballot | ||
label booklet of the precinct
and one of the marking devices of | ||
the precinct so as to transfer all
votes of the voter except | ||
for the office overvoted, to an official
ballot card of that | ||
kind used in the precinct at that election. The
original | ||
ballot card and envelope upon which there is an overvote shall
| ||
be clearly labeled "Overvoted Ballot", and each shall bear the | ||
same
serial number which shall be placed thereon by the judges | ||
of election,
commencing with number 1 and continuing |
consecutively for the ballots of
that kind in that precinct. | ||
The judges of election shall initial the
"Duplicate Overvoted | ||
Ballot" ballot cards and shall place them in the
box for return | ||
of the ballots. The "Overvoted Ballot" ballots and their
| ||
envelopes shall be placed in the "Duplicate Ballots" envelope. | ||
Envelopes
bearing write-in votes marked in the place | ||
designated therefor and
bearing the initials of a precinct | ||
judge of election and not resulting
in an overvote and | ||
otherwise complying with the election laws as to
marking shall | ||
be counted, tallied, and their votes recorded on a tally
sheet | ||
provided by the election official in charge of the election. | ||
The
ballot cards and ballot card envelopes shall be separated | ||
and all except
any defective or overvoted shall be placed | ||
separately in the box for
return of the ballots. The judges of | ||
election shall examine the
ballots and ballot cards to | ||
determine if any is damaged , or defective , or so
that it cannot | ||
otherwise be counted by the automatic tabulating equipment. If | ||
any
ballot or ballot card is damaged , or defective , or so that | ||
it cannot otherwise properly
be counted by the automatic | ||
tabulating equipment, the judges of
election, consisting in | ||
each case of at least one judge of election of
each of the two | ||
major political parties, shall make a true duplicate
ballot of | ||
all votes on such ballot card by using the ballot label
booklet | ||
of the precinct and one of the marking devices of the precinct.
| ||
The original ballot or ballot card and envelope shall be | ||
clearly labeled
"Damaged Ballot" and the ballot or ballot card |
so produced "Duplicate
Damaged Ballot," and each shall bear | ||
the same number which shall be
placed thereon by the judges of | ||
election, commencing with number 1 and
continuing | ||
consecutively for the ballots of that kind in the precinct.
| ||
The judges of election shall initial the "Duplicate Damaged | ||
Ballot"
ballot or ballot cards, and shall place them in the box | ||
for return of
the ballots. The "Damaged Ballot" ballots or | ||
ballot cards and their
envelopes shall be placed in the | ||
"Duplicated Ballots" envelope. A slip
indicating the number of | ||
voters voting in person shall be made out, signed by all
judges | ||
of election, and inserted in the box for return of the ballots.
| ||
The tally sheets recording the write-in votes shall be placed | ||
in this
box. The judges of election thereupon immediately | ||
shall securely lock the
ballot box or other suitable
box | ||
furnished for return of the ballots by the election official | ||
in
charge of the election; provided that if such box is not of | ||
a type which
may be securely locked, such box shall be sealed | ||
with filament tape provided
for such purpose which shall be | ||
wrapped around the box lengthwise and crosswise,
at least | ||
twice each way. A separate adhesive seal label signed by each | ||
of
the judges of election of the precinct shall be affixed to | ||
the box so as
to cover any slot therein and to identify the box | ||
of the precinct; and
if such box is sealed with filament tape | ||
as provided herein rather than
locked, such tape shall be | ||
wrapped around the box as provided herein, but
in such manner | ||
that the separate adhesive seal label affixed to the box
and |
signed by the judges may not be removed without breaking the | ||
filament
tape and disturbing the signature of the judges. | ||
Thereupon, 2 of the
judges of election, of different major | ||
political parties, forthwith shall
by the most direct route | ||
transport the box for
return of the ballots and enclosed | ||
ballots and returns to the central
counting location | ||
designated by the election official in charge of the
election. | ||
If, however, because of the lack of adequate parking
| ||
facilities at the central counting location or for any other | ||
reason, it
is impossible or impracticable for the boxes from | ||
all the polling places
to be delivered directly to the central | ||
counting location, the election
official in charge of the | ||
election may designate some other location to
which the boxes | ||
shall be delivered by the 2 precinct judges. While at
such | ||
other location the boxes shall be in the care and custody of | ||
one or
more teams, each consisting of 4 persons, 2 from each of | ||
the two major
political parties, designated for such purpose | ||
by the election official
in charge of elections from | ||
recommendations by the appropriate political
party | ||
organizations. As soon as possible, the boxes shall be | ||
transported
from such other location to the central counting | ||
location by one or more
teams, each consisting of 4 persons, 2 | ||
from each of the 2 major
political parties, designated for | ||
such purpose by the election official
in charge of elections | ||
from recommendations by the appropriate political
party | ||
organizations.
|
The "Defective Ballots" envelope, and "Duplicated Ballots" | ||
envelope
each shall be securely sealed and the flap or end | ||
thereof of each signed
by the precinct judges of election and | ||
returned to the central counting
location with the box for | ||
return of the ballots, enclosed ballots and
returns.
| ||
At the central counting location, a team of tally judges | ||
designated
by the election official in charge of the election | ||
shall check the box
returned containing the ballots to | ||
determine that all seals are intact,
and thereupon shall open | ||
the box, check the voters' slip and compare the
number of | ||
ballots so delivered against the total number of voters of the
| ||
precinct who voted, remove the ballots or ballot cards and | ||
deliver them
to the technicians operating the automatic | ||
tabulating equipment. Any
discrepancies between the number of | ||
ballots and total number of voters
shall be noted on a sheet | ||
furnished for that purpose and signed by the
tally judges; or
| ||
(c) A single ballot box, for the deposit of all votes cast, | ||
shall be used.
Immediately after the closing of the polls, the | ||
precinct judges of election shall
securely
lock the ballot | ||
box; provided that if such box is not of a
type which may be | ||
securely locked, such box shall be sealed with filament
tape | ||
provided for such purpose which shall be wrapped around the | ||
box lengthwise
and crosswise, at least twice each way.
A | ||
separate adhesive seal label signed by each of the judges of | ||
election
of the precinct shall be affixed to the box so as to | ||
cover any slot therein
and to identify the box of the precinct; |
and if such box is sealed with
filament tape as provided herein | ||
rather than locked, such tape shall be
wrapped around the box | ||
as provided herein, but in such manner that the separate
| ||
adhesive seal label affixed to the box and signed by the judges | ||
may not
be removed without breaking the filament tape and | ||
disturbing the signature
of the judges. Thereupon, 2 of the | ||
judges
of election, of different
major political parties, | ||
shall forthwith by the most direct route transport
the box for | ||
return of the ballots and enclosed vote by mail and early | ||
ballots
and returns
to the central counting location | ||
designated by the election official
in charge of the election. | ||
If however, because of the lack of adequate
parking facilities | ||
at the central counting location or for some other reason,
it | ||
is impossible or impracticable for the boxes from all the | ||
polling places
to be delivered directly to the central | ||
counting location, the election
official in charge of the | ||
election may designate some other location to
which the boxes | ||
shall be delivered by the 2 precinct judges. While at
such | ||
other location the boxes shall be in the care and custody of | ||
one or
more teams, each consisting of 4 persons, 2 from each of | ||
the two major
political
parties, designated for such purpose | ||
by the election official in charge
of elections from | ||
recommendations by the appropriate political party
| ||
organizations.
As soon as possible, the boxes shall be | ||
transported from such other location
to the central counting | ||
location by one or more teams, each consisting of
4 persons, 2 |
from each of the 2 major political parties, designated for
| ||
such purpose by the election official in charge of the | ||
election from
recommendations
by the appropriate political | ||
party organizations.
| ||
At the central counting location there shall be one or | ||
more teams of tally
judges who possess the same qualifications | ||
as tally judges in election
jurisdictions
using paper ballots. | ||
The number of such teams shall be determined by the
election | ||
authority. Each team shall consist of 5 tally judges, 3 | ||
selected
and approved by the county board from a certified | ||
list furnished by the chair
of the county central committee of | ||
the party with the majority
of members on the county board and | ||
2 selected and approved by the county
board from a certified | ||
list furnished by the chair of the county central
committee of | ||
the party with the second largest number of members
on the | ||
county board. At the central counting location a team of tally | ||
judges
shall open the ballot box and canvass the votes polled | ||
to determine that
the number of ballot sheets
therein agree | ||
with the number of voters voting as shown by the applications
| ||
for ballot; and, if the same do not agree, the tally judges | ||
shall make such
ballots agree with the number of applications | ||
for ballot in the manner provided
by Section 17-18 of this | ||
Code. The tally judges shall then examine
all ballot sheets | ||
which are in the ballot box to determine whether they
bear the | ||
initials of the precinct judge of election. If any ballot is | ||
not
initialed, it shall be marked on the back "Defective", |
initialed as to such
label by all tally judges immediately | ||
under such word "Defective", and not
counted, but placed in | ||
the envelope provided for that purpose labeled
"Defective
| ||
Ballots Envelope". An overvote for one office shall invalidate
| ||
only the vote or count of that particular office.
| ||
At the central counting location, a team of tally judges | ||
designated
by the election official in charge of the election | ||
shall deliver the ballot
sheets to the technicians operating | ||
the automatic tabulating equipment.
Any discrepancies between | ||
the number of ballots and total number of voters
shall be noted | ||
on a sheet furnished for that purpose and signed by the tally
| ||
judges.
| ||
(2) Regardless of which procedure described in subsection | ||
(1) of this
Section is used,
the judges of election designated | ||
to transport the ballots, properly signed
and sealed as | ||
provided herein, shall ensure that the ballots are delivered
| ||
to the central counting station no later than 12 hours after | ||
the polls close.
At the central counting station a team of | ||
tally judges designated by the
election official in charge of | ||
the election shall examine the ballots so
transported and | ||
shall not accept ballots for tabulating which are not signed
| ||
and sealed as provided in subsection (1) of this Section until | ||
the
judges transporting the
same make and sign the necessary | ||
corrections. Upon acceptance of the ballots
by a team of tally | ||
judges at the central counting station, the election
judges | ||
transporting the same shall take a receipt signed by the |
election
official in charge of the election and stamped with | ||
the date and time of
acceptance. The election judges whose | ||
duty it is to transport any ballots
shall, in the event
such | ||
ballots cannot be found when needed, on proper request, | ||
produce the
receipt which they are to take as above provided.
| ||
(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||
(10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
| ||
Sec. 24A-10.1. In an election jurisdiction where | ||
in-precinct counting
equipment is utilized, the following | ||
procedures for counting and
tallying the ballots shall apply:
| ||
Immediately after the closing of the polls, the precinct | ||
judges of election shall open the ballot box and count the
| ||
number of ballots therein
to determine if such number agrees | ||
with the number of voters voting as shown
by the applications | ||
for ballot or, if the same do not agree, the judges
of election | ||
shall make such ballots agree with the applications for ballot
| ||
in the manner provided by Section 17-18 of this Act.
The judges | ||
of election shall then examine all ballot cards and ballot | ||
card
envelopes which are in the ballot box to determine | ||
whether the ballot cards
and ballot card envelopes contain the | ||
initials of a precinct judge of
election. If any ballot card or | ||
ballot card envelope is not initialed, it
shall be marked on | ||
the back "Defective", initialed as to such label by all
judges | ||
immediately under the word "Defective" and not counted. The | ||
judges of
election shall place an initialed blank official |
ballot card in the place of
the defective ballot card, so that | ||
the count of the ballot cards to be counted
on the automatic | ||
tabulating equipment will be the same, and each "Defective
| ||
Ballot" card and "Replacement" card shall contain the same | ||
serial number
which shall be placed thereon by the judges of | ||
election, commencing with
number 1 and continuing | ||
consecutively for the ballots of that kind in that
precinct. | ||
The original "Defective" card shall be placed in the | ||
"Defective
Ballot Envelope" provided for that purpose.
| ||
When an electronic voting system is used which utilizes a | ||
ballot card,
before separating the remaining ballot cards from | ||
their respective covering
envelopes, the judges of election | ||
shall examine the ballot card envelopes
for write-in votes. | ||
When the voter has cast a write-in vote, the judges
of election | ||
shall compare the write-in vote with the votes on the ballot
| ||
card to determine whether such write-in results in an overvote | ||
for any office.
In case of an overvote for any office, the | ||
judges of election, consisting
in each case of at least
one | ||
judge of election of each of the 2 major political parties, | ||
shall make
a true duplicate ballot of all votes on such ballot | ||
card except for the
office which is overvoted, by using the | ||
ballot label booklet of the precinct
and one of the marking | ||
devices of the precinct so as to transfer all votes
of the | ||
voter, except for the office overvoted, to a duplicate card. | ||
The
original ballot card and envelope upon which there is an | ||
overvote shall
be clearly labeled
"Overvoted Ballot", and each |
such "Overvoted Ballot" as well as its
"Replacement" shall | ||
contain the same serial number which shall be placed thereon | ||
by the
judges of election, commencing with number 1 and | ||
continuing consecutively
for the ballots of that kind in that | ||
precinct.
The "Overvoted Ballot" card and ballot envelope | ||
shall be placed in an envelope
provided for that purpose | ||
labeled "Duplicate Ballot" envelope, and the judges
of | ||
election shall initial the "Replacement" ballot
cards and | ||
shall place them with the other ballot cards to be counted on
| ||
the automatic tabulating
equipment. Envelopes containing | ||
write-in votes marked in the place designated
therefor and | ||
containing the initials of a precinct judge of election and
| ||
not resulting in an overvote and otherwise complying with the | ||
election laws
as to marking shall be counted and tallied and | ||
their votes recorded on a
tally sheet provided by the election | ||
authority.
| ||
The ballot cards and ballot card envelopes shall be | ||
separated in preparation
for counting by the automatic | ||
tabulating equipment provided for that
purpose by the election | ||
authority.
| ||
Before the ballots are entered into the automatic | ||
tabulating
equipment, a precinct identification card provided | ||
by the election authority
shall be entered into the device to | ||
ensure that the totals are all zeroes
in the count column on | ||
the printing unit. A precinct judge of election
shall then | ||
count the ballots
by entering each ballot card into the |
automatic tabulating
equipment, and if any ballot or ballot | ||
card is damaged , or defective , or so that
it cannot otherwise | ||
properly be counted by the automatic tabulating equipment, the
| ||
judges of election, consisting in each case of at least one | ||
judge of election
of each of the
2 major political parties, | ||
shall make a true duplicate ballot of all votes
on such ballot | ||
card by using the ballot label booklet of the precinct and
one | ||
of the marking devices of the precinct. The original ballot or | ||
ballot
card and envelope shall be clearly labeled "Damaged | ||
Ballot" and the ballot
or ballot card so produced shall be | ||
clearly labeled "Duplicate Damaged Ballot",
and each shall | ||
contain the same serial number which shall be placed
thereon | ||
by the judges of election, commencing with number 1 and | ||
continuing
consecutively for the ballots of
that kind in the | ||
precinct. The judges of election shall initial the "Duplicate
| ||
Damaged Ballot" ballot or ballot cards and shall enter the
| ||
duplicate damaged cards into the automatic tabulating | ||
equipment. The "Damaged
Ballot" cards
shall be placed in the | ||
"Duplicated Ballots" envelope; after all ballot cards
have | ||
been successfully read, the judges of election shall check to | ||
make certain that
the last number printed by the printing unit | ||
is the same as the number of
voters making application for | ||
ballot in that precinct.
The number shall be listed on the | ||
"Statement of Ballots" form provided by
the election | ||
authority.
| ||
The totals for all candidates and propositions shall be |
tabulated. One copy of an "In-Precinct Totals Report" shall be | ||
generated by the automatic tabulating equipment for return to | ||
the election authority. One copy of an "In-Precinct Totals | ||
Report" shall be generated and posted in a conspicuous place | ||
inside the polling place, provided that any authorized | ||
pollwatcher or other official authorized to be present in the | ||
polling place to observe the counting of ballots is present.
| ||
The judges of election shall
provide, if requested, a set | ||
for each authorized pollwatcher or other official authorized
| ||
to be present in the polling place to observe the counting of | ||
ballots. In addition,
sufficient
time shall be provided by the | ||
judges of election to the pollwatchers to
allow them to copy | ||
information from the copy
which has been posted.
| ||
The judges of election shall count all unused ballot cards | ||
and enter the
number on the "Statement of Ballots". All | ||
"Spoiled", "Defective" and
"Duplicated" ballot cards shall be | ||
counted and the number entered on the
"Statement of Ballots".
| ||
The precinct judges of election shall select a bi-partisan | ||
team of 2 judges,
who shall immediately return the ballots in a | ||
sealed container, along with
all other election materials as | ||
instructed by the election authority;
provided, however, that | ||
such container must first be sealed by the election
judges | ||
with filament tape provided for such purpose which shall be | ||
wrapped
around the container lengthwise and crosswise, at | ||
least twice each way, in
such manner that the ballots cannot be | ||
removed from such container without
breaking the seal and |
filament tape and disturbing any signatures affixed
by the | ||
election judges to the container. The election authority shall | ||
keep
the office of the election authority, or any receiving | ||
stations designated
by such authority, open for at least 12 | ||
consecutive hours after the polls
close or until the ballots | ||
from all precincts with in-precinct counting
equipment within | ||
the jurisdiction of the election authority have been
returned | ||
to the election authority. Ballots returned to the office of | ||
the
election authority which are not signed and sealed as | ||
required by law shall
not be accepted by the election | ||
authority until the judges returning the
same make and sign | ||
the necessary corrections. Upon acceptance of the ballots
by | ||
the election authority, the judges returning the same shall | ||
take a
receipt signed by the election authority and stamped | ||
with the time and date
of such return. The election judges | ||
whose duty it is to return any ballots
as herein provided | ||
shall, in the event such ballots cannot be found when
needed, | ||
on proper request, produce the receipt which they are to take | ||
as above provided.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||
95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
| ||
Sec. 24A-14. Damaged, defective, or unreadable ballots; | ||
duplicates. If any ballot is damaged , or defective , or so that | ||
it cannot
otherwise properly be counted by the automatic |
tabulating equipment, a true duplicate
copy shall be made of | ||
the damaged ballot in the presence of witnesses and
| ||
substituted for the damaged ballot. Likewise, a duplicate | ||
ballot shall be
made of a defective ballot which shall not | ||
include the invalid votes appearing on the original ballot . | ||
All
duplicate ballots shall be clearly labeled "duplicate", | ||
shall bear a serial
number which shall be registered on the | ||
damaged , or defective , or otherwise unreadable ballot, and
| ||
shall be counted in lieu of the damaged , or defective , or | ||
otherwise unreadable ballot.
| ||
(Source: Laws 1965, p. 2220.)
| ||
(10 ILCS 5/24B-10)
| ||
Sec. 24B-10. Receiving, counting, tallying and return of
| ||
ballots; acceptance of ballots by election authority. | ||
(a) In an election jurisdiction which has adopted an | ||
electronic Precinct
Tabulation Optical Scan Technology voting | ||
system, the election
official in charge of the election shall | ||
select one of the 3
following procedures for receiving, | ||
counting, tallying, and
return of the ballots:
| ||
(1) Two ballot boxes shall be provided for each | ||
polling
place. The first ballot box is for the depositing | ||
of votes cast
on the electronic voting system; and the | ||
second ballot box is for
all votes cast on other ballots, | ||
including any paper ballots required to be voted other | ||
than on
the Precinct Tabulation Optical Scan Technology |
electronic voting
system. Ballots deposited in the second
| ||
ballot box shall be counted, tallied, and returned as is
| ||
elsewhere provided in this Code for the
counting and | ||
handling of paper ballots. Immediately after the
closing | ||
of the polls, the
judges of election shall make out a slip
| ||
indicating the number of persons who voted in the precinct | ||
at the
election. The slip shall be signed by all the judges | ||
of
election and shall be inserted by them in the first | ||
ballot box.
The judges of election shall thereupon | ||
immediately lock each
ballot box; provided, that if the | ||
box is not of a type which may
be securely locked, the box | ||
shall be sealed with filament tape
provided for the | ||
purpose that shall be wrapped around the box
lengthwise | ||
and crosswise, at least twice each way, and in a
manner | ||
that the seal completely covers the slot in the ballot
| ||
box, and each of the judges shall sign the seal. Two
of the | ||
judges of election, of different political parties, shall
| ||
by the most direct route transport both ballot
boxes to | ||
the counting location designated by the county clerk or
| ||
board of election commissioners.
| ||
Before the ballots of a precinct are fed to the | ||
electronic
Precinct Tabulation Optical Scan Technology | ||
tabulating equipment,
the first ballot box shall be opened | ||
at the central counting
station by the 2 precinct | ||
transport judges. Upon opening a
ballot box, the team | ||
shall first count the number of ballots in
the box. If 2 or |
more are folded together to appear to
have been cast by the | ||
same person, all of the ballots folded
together shall be | ||
marked and returned with the other ballots in
the same | ||
condition, as near as may be, in which they were found
when | ||
first opened, but shall not be counted. If the remaining
| ||
ballots are found to exceed the number of persons voting | ||
in the
precinct as shown by the slip signed by the judges | ||
of election,
the ballots shall be replaced in the box, and | ||
the box closed and
well shaken and again opened and one of | ||
the precinct transport
judges shall publicly draw out so | ||
many ballots unopened as are
equal to the excess.
| ||
The excess ballots shall be marked "Excess-Not | ||
Counted" and
signed by the 2 precinct transport judges and | ||
shall be placed
in the "After 7:00 p.m. Defective Ballots | ||
Envelope". The number
of excess ballots shall be noted in | ||
the remarks section of the
Certificate of Results. | ||
"Excess" ballots shall not be counted in
the total of | ||
"defective" ballots.
| ||
The precinct transport judges shall then examine the
| ||
remaining ballots for write-in votes and shall count and | ||
tabulate
the write-in vote.
| ||
(2) A single ballot box, for the deposit of all votes | ||
cast,
shall be used. All ballots which are not to be | ||
tabulated on the
electronic voting system shall be | ||
counted, tallied, and returned
as elsewhere provided in | ||
this Code for the
counting and handling of paper ballots.
|
All ballots to be processed and tabulated with the | ||
electronic
Precinct Tabulation Optical Scan Technology | ||
voting system shall
be processed as follows:
| ||
Immediately after the closing of the polls, the | ||
precinct judges of
election shall open the ballot box and | ||
canvass the votes
polled to determine that the number of | ||
ballots agree with
the number of voters voting as shown by | ||
the applications for
ballot, or if the same do not agree | ||
the judges of election shall
make such ballots agree with | ||
the applications for ballot in the
manner provided by | ||
Section 17-18 of this Code.
| ||
In case of an overvote for any office, the judges of
| ||
election, consisting in each case of at least one judge of
| ||
election of each of the 2 major political parties, shall | ||
make a
true duplicate ballot of all votes on the ballot | ||
except for
the office which is overvoted, by using the | ||
ballot of the
precinct and one of the marking devices, or | ||
equivalent ballot, of the
precinct to
transfer all votes | ||
of the voter except for the office overvoted,
to an | ||
official ballot of that kind used in the precinct at
that | ||
election. The original ballot upon which there is an
| ||
overvote shall be clearly labeled "Overvoted Ballot", and | ||
each
shall bear the same serial number which shall be | ||
placed thereon
by the judges of election, beginning with | ||
number 1 and
continuing consecutively for the ballots of | ||
that kind in that
precinct. The judges of election shall |
initial the "Duplicate
Overvoted Ballot" ballots and shall | ||
place them in the box for
return of the ballots. The | ||
"Overvoted Ballot" ballots shall be
placed in the | ||
"Duplicate Ballots" envelope. The ballots except
any | ||
defective or overvoted ballot shall be placed separately | ||
in
the box for return of the ballots. The judges
of | ||
election shall examine the ballots to determine if any is
| ||
damaged , or defective , or so that it cannot otherwise be | ||
counted by the
automatic tabulating equipment. If any | ||
ballot is
damaged , or defective , or so that it cannot | ||
otherwise properly be counted by the
automatic tabulating | ||
equipment, the judges of election,
consisting in each case | ||
of at least one judge of election of each
of the 2 major | ||
political parties, shall make a true duplicate
ballot of | ||
all votes on such ballot by using the ballot of
the | ||
precinct and one of the marking devices, or equivalent | ||
ballot, of the
precinct. The
original ballot and ballot | ||
envelope shall be clearly
labeled "Damaged Ballot" and the | ||
ballot so
produced "Duplicate Damaged Ballot", and each | ||
shall bear the same
number which shall be placed thereon | ||
by the judges of election,
commencing with number 1 and | ||
continuing consecutively for the
ballots of that kind in | ||
the precinct. The judges of election
shall initial the | ||
"Duplicate Damaged Ballot" ballot and shall place them in
| ||
the box for return of the ballots.
The "Damaged Ballot" | ||
ballots
shall be placed in the "Duplicated Ballots" |
envelope. A slip
indicating the number of voters voting in | ||
person and the total number
of voters of the precinct who | ||
voted at the election shall be made
out, signed by all | ||
judges of election, and inserted in the box
for return of | ||
the ballots. The tally sheets recording the write-in votes | ||
shall
be placed in this box. The judges of election | ||
immediately shall
securely lock the ballot box or other | ||
suitable box furnished for return of the
ballots by the | ||
election official in charge of the election; provided that | ||
if
the box is not of a type which may be securely locked, | ||
the box shall be
sealed with filament tape provided for | ||
the purpose which shall
be wrapped around the box | ||
lengthwise and crosswise, at least
twice each way. A | ||
separate adhesive seal label signed by each of
the judges | ||
of election of the precinct shall be affixed to the
box to | ||
cover any slot therein and to identify the box of
the | ||
precinct; and if the box is sealed with filament tape as
| ||
provided rather than locked, such tape shall be wrapped
| ||
around the box as provided, but in such manner that the
| ||
separate adhesive seal label affixed to the box and signed | ||
by the
judges may not be removed without breaking the | ||
filament tape and
disturbing the signature of the judges. | ||
Two of the
judges of election, of different major | ||
political parties,
shall by the most direct route | ||
transport the box for
return of the ballots and enclosed | ||
ballots and returns to the
central counting location |
designated by the election official in
charge of the | ||
election. If, however, because of the lack of
adequate | ||
parking facilities at the central counting location or
for | ||
any other reason, it is impossible or impracticable for | ||
the
boxes from all the polling places to be delivered | ||
directly to the
central counting location, the election | ||
official in charge of the
election may designate some | ||
other location to which the boxes
shall be delivered by | ||
the 2 precinct judges. While at the other
location the | ||
boxes shall be in the care and custody of one or
more | ||
teams, each consisting of 4 persons, 2 from each of the 2
| ||
major political parties, designated for such purpose by | ||
the
election official in charge of elections from | ||
recommendations by
the appropriate political party | ||
organizations. As soon as
possible, the boxes shall be | ||
transported from the other location
to the central | ||
counting location by one or more teams, each
consisting of | ||
4 persons, 2 from each of the 2 major political
parties, | ||
designated for the purpose by the election official in
| ||
charge of elections from recommendations by the | ||
appropriate
political party organizations.
| ||
The "Defective Ballots" envelope, and "Duplicated | ||
Ballots"
envelope each shall be securely sealed and the | ||
flap or end
of each envelope signed by the precinct judges | ||
of election and
returned to the central counting location | ||
with the box for return
of the ballots, enclosed ballots |
and returns.
| ||
At the central counting location, a team of tally | ||
judges
designated by the election official in charge of | ||
the election
shall check the box returned containing the | ||
ballots to determine
that all seals are intact, and shall | ||
open the box,
check the voters' slip and compare the | ||
number of ballots so
delivered against the total number of | ||
voters of the precinct who
voted, remove the ballots and | ||
deliver them to the
technicians operating the automatic | ||
tabulating equipment. Any
discrepancies between the number | ||
of ballots and total number of
voters shall be noted on a | ||
sheet furnished for that purpose and
signed by the tally | ||
judges.
| ||
(3) A single ballot box, for the deposit of all votes | ||
cast,
shall be used. Immediately after the closing of the | ||
polls, the
precinct judges of election shall securely lock | ||
the ballot box;
provided that if such box is not of a type | ||
which may be securely
locked, the box shall be sealed with | ||
filament tape provided for
the purpose which shall be | ||
wrapped around the box lengthwise and
crosswise, at least | ||
twice each way. A separate adhesive seal
label signed by | ||
each of the judges of election of the precinct
shall be | ||
affixed to the box to cover any slot therein and
to | ||
identify the box of the precinct; and if the box is sealed
| ||
with filament tape as provided rather than locked, such
| ||
tape shall be wrapped around the box as provided, but in
a |
manner that the separate adhesive seal label affixed to | ||
the
box and signed by the judges may not be removed without | ||
breaking
the filament tape and disturbing the signature of | ||
the judges.
Two of the judges of election, of different | ||
major
political parties, shall by the most direct route
| ||
transport the box for return of the ballots and enclosed | ||
vote by mail and early
ballots and returns to the central | ||
counting location designated
by the election official in | ||
charge of the election. If however,
because of the lack of | ||
adequate parking facilities at the central
counting | ||
location or for some other reason, it is impossible or
| ||
impracticable for the boxes from all the polling places to | ||
be
delivered directly to the central counting location, | ||
the election
official in charge of the election may | ||
designate some other
location to which the boxes shall be | ||
delivered by the 2 precinct
judges. While at the other | ||
location the boxes shall be in the
care and custody of one | ||
or more teams, each consisting of 4
persons, 2 from each of | ||
the 2 major political parties,
designated for the purpose | ||
by the election official in charge of
elections from | ||
recommendations by the appropriate political party
| ||
organizations. As soon as possible, the boxes shall be
| ||
transported from the other location to the central | ||
counting
location by one or more teams, each consisting of | ||
4 persons, 2
from each of the 2 major political parties, | ||
designated for the
purpose by the election official in |
charge of the election from
recommendations by the | ||
appropriate political party organizations.
| ||
At the central counting location there shall be one or | ||
more
teams of tally judges who possess the same | ||
qualifications as
tally judges in election jurisdictions | ||
using paper ballots. The
number of the teams shall be | ||
determined by the election
authority. Each team shall | ||
consist of 5 tally judges, 3 selected
and approved by the | ||
county board from a certified list furnished
by the chair | ||
of the county central committee of the party with
the | ||
majority of members on the county board and 2 selected and
| ||
approved by the county board from a certified list | ||
furnished by
the chair of the county central committee of | ||
the party with
the second largest number of members on the | ||
county board. At the
central counting location a team of | ||
tally judges shall open the
ballot box and canvass the | ||
votes polled to determine that the
number of ballot sheets | ||
therein agree with the number of voters
voting as shown by | ||
the applications for ballot and, if the same do not agree, | ||
the tally judges shall
make such ballots agree with the | ||
number of applications for
ballot in the manner provided | ||
by Section 17-18 of this
Code. The tally judges shall then | ||
examine all ballot sheets
that are in the ballot box to | ||
determine whether they bear the
initials of the precinct | ||
judge of election. If any ballot is not
initialed, it | ||
shall be marked on the back "Defective", initialed
as to |
that label by all tally judges immediately under the word
| ||
"Defective", and not counted, but placed in the envelope | ||
provided
for that purpose labeled "Defective Ballots | ||
Envelope". An
overvote for one office shall invalidate | ||
only the vote or count
for that particular office.
| ||
At the central counting location, a team of tally | ||
judges
designated by the election official in charge of | ||
the election
shall deliver the ballot sheets to the | ||
technicians operating the
automatic Precinct Tabulation | ||
Optical Scan Technology tabulating
equipment. Any | ||
discrepancies between the number of ballots and
total | ||
number of voters shall be noted on a sheet furnished for
| ||
that purpose and signed by the tally judges.
| ||
(b) Regardless of which procedure described in subsection
| ||
(a) of this Section is used, the judges of election designated | ||
to
transport the ballots properly signed and sealed,
shall | ||
ensure that the ballots are delivered to the
central counting | ||
station no later than 12 hours after the polls
close. At the | ||
central counting station, a team of tally judges
designated by | ||
the election official in charge of the election
shall examine | ||
the ballots so transported and shall not accept
ballots for | ||
tabulating which are not signed and sealed as
provided in | ||
subsection (a) of this Section until the judges
transporting | ||
the ballots make and sign the necessary corrections.
Upon | ||
acceptance of the ballots by a team of tally judges at the
| ||
central counting station, the election judges transporting the
|
ballots shall take a receipt signed by the election official | ||
in
charge of the election and stamped with the date and time of
| ||
acceptance. The election judges whose duty it is to transport
| ||
any ballots shall, in the event the ballots cannot be found | ||
when
needed, on proper request, produce the receipt which they | ||
are to
take as above provided.
| ||
(Source: P.A. 100-1027, eff. 1-1-19 .)
| ||
(10 ILCS 5/24B-10.1)
| ||
Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures | ||
for Counting and
Tallying Ballots. In an election
jurisdiction | ||
where Precinct Tabulation Optical Scan Technology
counting | ||
equipment is used, the following procedures for
counting and | ||
tallying the ballots shall apply:
| ||
Before the opening of the polls, and before the ballots | ||
are
entered into the automatic tabulating equipment, the | ||
judges of
election shall be sure that the totals are all zeros | ||
in the
counting column. Ballots may then be counted by | ||
entering or scanning
each ballot into the automatic tabulating | ||
equipment.
Throughout the election day and before the closing | ||
of the polls, no person
may check any vote totals for any | ||
candidate or proposition on the automatic
tabulating | ||
equipment. Such automatic tabulating equipment shall be | ||
programmed
so that no person may reset the equipment for | ||
refeeding of ballots unless
provided a code from an authorized | ||
representative of the election
authority.
At the option of the |
election authority, the ballots may be fed into the
Precinct | ||
Tabulation Optical Scan Technology
equipment by the voters | ||
under the direct
supervision of the judges of elections.
| ||
Immediately after the closing of the polls, the precinct | ||
judges of election shall open the ballot box
and count the | ||
number of ballots to determine if the
number agrees with the | ||
number of voters voting as shown on the
Precinct Tabulation | ||
Optical Scan Technology equipment and by the
applications for | ||
ballot or, if the same do not agree, the judges
of election | ||
shall make the ballots agree with the applications
for ballot | ||
in the manner provided by Section 17-18 of this Code.
The | ||
judges of election shall then examine all ballots which are
in | ||
the ballot box to determine whether the ballots contain the
| ||
initials of a precinct judge of election. If any ballot is not
| ||
initialed, it shall be marked on the back "Defective", | ||
initialed
as to such label by all judges immediately under the | ||
word
"Defective" and not counted. The judges of election shall | ||
place
an initialed blank official ballot in the place of the | ||
defective
ballot, so that the count of the ballots to be | ||
counted
on the automatic tabulating equipment will be the | ||
same, and each
"Defective Ballot" and "Replacement" ballot | ||
shall contain the
same serial number which shall be placed | ||
thereon by the judges of
election, beginning with number 1 and | ||
continuing consecutively
for the ballots of that kind in that | ||
precinct. The original
"Defective" ballot shall be placed in | ||
the "Defective Ballot
Envelope" provided for that purpose.
|
If the judges of election have removed a ballot pursuant | ||
to Section 17-18,
have labeled "Defective" a ballot which is | ||
not initialed, or have otherwise
determined under this Code to | ||
not count a ballot originally deposited into a
ballot box, the | ||
judges of election shall be sure that the totals on the
| ||
automatic tabulating equipment are reset to all zeros in the | ||
counting column.
Thereafter the judges of election shall enter | ||
or otherwise scan each ballot
to be counted in the
automatic | ||
tabulating equipment. Resetting the automatic tabulating | ||
equipment
to all zeros and re-entering of ballots to be | ||
counted may occur at the precinct
polling place, the office of | ||
the election authority, or any receiving station
designated by | ||
the election authority. The election authority shall designate
| ||
the place for resetting and re-entering or re-scanning.
| ||
When a Precinct Tabulation Optical Scan Technology
| ||
electronic voting system is used which uses a paper ballot,
| ||
the judges of election shall examine the ballot for write-in
| ||
votes. When the voter has cast a write-in vote, the judges of
| ||
election shall compare the write-in vote with the votes on the
| ||
ballot to determine whether the write-in results in an | ||
overvote
for any office, unless the Precinct Tabulation | ||
Optical Scan
Technology equipment has already done so. In case | ||
of an overvote
for any office, the judges of election, | ||
consisting in each case
of at least one judge of election of | ||
each of the 2 major
political parties, shall make a true | ||
duplicate ballot of all
votes on such ballot except for the |
office which is
overvoted, by using the ballot of the precinct | ||
and one of the
marking devices, or equivalent ballot, of the | ||
precinct so as to transfer
all votes
of
the voter, except for | ||
the office overvoted, to a duplicate
ballot. The original | ||
ballot upon which there is an overvote
shall be clearly | ||
labeled "Overvoted Ballot", and each such
"Overvoted Ballot" | ||
as well as its "Replacement" shall contain the
same serial | ||
number which shall be placed thereon by the judges of
| ||
election, beginning with number 1 and continuing consecutively
| ||
for the ballots of that kind in that precinct. The "Overvoted
| ||
Ballot" shall be placed in an envelope provided for that | ||
purpose
labeled "Duplicate Ballot" envelope, and the judges of | ||
election
shall initial the "Replacement" ballots and shall | ||
place them with
the other ballots to be counted on the | ||
automatic tabulating
equipment.
| ||
If any ballot is damaged , or defective, or if any ballot
| ||
otherwise contains a Voting Defect, so that it cannot properly | ||
be counted
by the automatic tabulating equipment, the voter or | ||
the judges of
election, consisting in each case of at least one | ||
judge of
election of each of the 2 major political parties, | ||
shall make a
true duplicate ballot of all votes on such ballot | ||
by using the
ballot of the precinct and one of the marking | ||
devices of the
precinct, or equivalent. If a damaged ballot, | ||
the original ballot shall be
clearly labeled "Damaged Ballot" | ||
and the ballot so produced shall
be clearly labeled "Damaged | ||
Ballot" and the ballot
so produced shall be clearly labeled |
"Duplicate Damaged Ballot", and each
shall contain the same | ||
serial number which shall be placed
by the judges of election, | ||
beginning with number 1 and
continuing consecutively for the | ||
ballots of that kind in the
precinct. The judges of election | ||
shall initial the "Duplicate
Damaged Ballot" ballot and shall | ||
enter or otherwise scan the duplicate
damaged
ballot into the | ||
automatic tabulating equipment. The "Damaged
Ballots" shall be | ||
placed in the "Duplicated Ballots" envelope;
after all ballots | ||
have been successfully read, the judges of
election shall | ||
check to make certain that the Precinct Tabulation
Optical | ||
Scan Technology equipment readout agrees with the number
of | ||
voters making application for ballot in that precinct. The
| ||
number shall be listed on the "Statement of Ballots" form
| ||
provided by the election authority.
| ||
The totals for all candidates and propositions shall be | ||
tabulated. One copy of an "In-Precinct Totals Report" shall be | ||
generated by the automatic tabulating equipment for return to | ||
the election authority. One copy of an "In-Precinct Totals | ||
Report" shall be generated and posted in a conspicuous place | ||
inside the polling place, provided that any authorized | ||
pollwatcher or other official authorized to be present in the | ||
polling place to observe the counting of ballots is present.
| ||
The judges of election shall
provide, if requested, a copy
for | ||
each authorized pollwatcher or other official authorized to
be | ||
present in the polling place to observe the counting of
| ||
ballots. In addition, sufficient time shall be
provided by the |
judges of election to the pollwatchers to allow
them to copy | ||
information from the copy which has been posted.
| ||
The judges of election shall count all unused ballots and
| ||
enter the number on the "Statement of Ballots". All "Spoiled",
| ||
"Defective" and "Duplicated" ballots shall be counted and the
| ||
number entered on the "Statement of Ballots".
| ||
The precinct judges of election shall select a bi-partisan
| ||
team of 2 judges, who shall immediately return the ballots in a
| ||
sealed container, along with all other election materials as
| ||
instructed by the election authority; provided, however, that
| ||
such container must first be sealed by the election judges | ||
with
filament tape or other approved sealing devices provided | ||
for the
purpose which shall be wrapped around the container | ||
lengthwise
and crosswise, at least twice each way, in a manner | ||
that the
ballots cannot be removed from the container without | ||
breaking
the seal and filament tape and disturbing any | ||
signatures affixed
by the election judges to the container, or | ||
which other approved
sealing devices are affixed in a manner | ||
approved by the election
authority. The election authority | ||
shall keep the office of the
election authority or any | ||
receiving stations designated by the
authority, open for at | ||
least 12 consecutive hours after the polls
close or until the | ||
ballots from all precincts with in-precinct
counting equipment | ||
within the jurisdiction of the election
authority have been | ||
returned to the election authority. Ballots
returned to the | ||
office of the election authority which are not
signed and |
sealed as required by law shall not be accepted by the
election | ||
authority until the judges returning the ballots make and
sign | ||
the necessary corrections. Upon acceptance of the ballots
by | ||
the election authority, the judges returning the ballots shall
| ||
take a receipt signed by the election authority and stamped | ||
with
the time and date of the return. The election judges whose | ||
duty
it is to return any ballots as provided shall, in the
| ||
event the ballots cannot be found when needed, on proper
| ||
request, produce the receipt which they are to take as above
| ||
provided. The precinct judges of election shall also deliver
| ||
the Precinct Tabulation Optical Scan Technology equipment to | ||
the
election authority.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||
95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/24B-14)
| ||
Sec. 24B-14. Damaged , defective, or unreadable ballots; | ||
duplicates Ballots; Duplicates . | ||
If any ballot is
damaged , or defective , or so that it cannot | ||
otherwise properly be counted by the
automatic Precinct | ||
Tabulation Optical Scan Technology tabulating
equipment, a | ||
true duplicate copy shall be made of the damaged
ballot in the | ||
presence of witnesses and substituted for the
original damaged | ||
ballot. Likewise, a duplicate ballot shall be made of a
| ||
defective ballot which shall not include the invalid votes | ||
appearing on the original ballot . All
duplicate ballots shall |
be clearly labeled "Duplicate", shall
bear a serial number | ||
which shall be registered on the damaged , or
defective , or | ||
otherwise unreadable ballot, and shall be counted in lieu of | ||
the damaged , or
defective , or otherwise unreadable ballot.
| ||
(Source: P.A. 89-394, eff. 1-1-97.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|