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Public Act 094-1073 |
SB2340 Enrolled |
LRB094 16578 JAM 51839 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing Section |
24C-12 as follows:
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(10 ILCS 5/24C-12)
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Sec. 24C-12. Procedures for Counting and Tallying of
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Ballots. In an election jurisdiction where a Direct Recording
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Electronic Voting System is used, the following procedures for
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counting and tallying the ballots shall apply:
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Before the opening of the polls, the judges of elections
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shall assemble the voting equipment and devices and turn the
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equipment on. The judges shall, if necessary, take steps to
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activate the voting devices and counting equipment by inserting
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into the equipment and voting devices appropriate data cards
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containing passwords and data codes that will select the proper
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ballot formats selected for that polling place and that will
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prevent inadvertent or unauthorized activation of the |
poll-opening function.
Before voting begins and before ballots |
are
entered into the voting devices, the judges of election |
shall
cause to be printed a record of the following: the |
election's
identification data, the device's unit |
identification, the
ballot's format identification, the |
contents of each active
candidate register by office and of |
each active public question
register showing that they contain |
all zero votes, all ballot
fields that can be used to invoke |
special voting options, and
other information needed to ensure |
the readiness of the
equipment and to accommodate |
administrative reporting
requirements. The judges must also |
check to be sure that the
totals are all zeros in the counting |
columns and in the public
counter affixed to the voting |
devices.
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After the judges have determined that a person is qualified
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to vote, a voting device with the proper ballot to which the
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voter is entitled shall be enabled to be used by the voter. The
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ballot may then be cast by the voter by marking by appropriate
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means the designated area of the ballot for the casting of a
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vote for any candidate or for or against any public question.
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The voter shall be able to vote for any and all candidates and
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public measures appearing on the ballot in any legal number and
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combination and the voter shall be able to delete, change or
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correct his or her selections before the ballot is cast. The
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voter shall be able to select candidates whose names do not
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appear upon the ballot for any office by entering |
electronically
as many names of candidates as the voter is |
entitled to select
for each office.
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Upon completing his or her selection of candidates or
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public questions, the voter shall signify that voting has been
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completed by activating the appropriate button, switch or |
active
area of the ballot screen associated with end of voting. |
Upon
activation, the voting system shall record an image of the
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completed ballot, increment the proper ballot position
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registers, and shall signify to the voter that the ballot has
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been cast. Upon activation, the voting system shall also print
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a permanent paper record of each ballot cast as defined in
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Section 24C-2 of this Code. This permanent paper record shall
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(i) be printed in a clear, readily readable format that can be |
easily reviewed by the voter for completeness and accuracy and |
(ii) either be self-contained within the voting device or be
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deposited by the voter into a secure ballot box. No permanent
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paper record shall be removed from the polling place except by
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election officials as authorized by this Article. All permanent
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paper records shall be preserved and secured by election
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officials in the same manner as paper ballots and shall be
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available as an official record for any recount, redundant
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count, or verification or retabulation of the vote count
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conducted with respect to any election in which the voting
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system is used. The voter shall exit the voting station and
the |
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voting system shall prevent any further attempt to vote
until |
it has been properly re-activated. If a voting device has
been |
enabled for voting but the voter leaves the polling place
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without casting a ballot, 2 judges of election, one from each |
of
the 2 major political parties, shall spoil the ballot.
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Throughout the election day and before the closing of the
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polls, no person may check any vote totals for any candidate or
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public question on the voting or counting equipment. Such
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equipment shall be programmed so that no person may reset the
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equipment for reentry of ballots unless provided the proper |
code
from an authorized representative of the election |
authority.
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The precinct judges of election shall check the public
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register to determine whether the number of ballots counted by
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the voting equipment agrees with the number of voters voting as
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shown by the applications for ballot. If the same do not agree,
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the judges of election shall immediately contact the offices of
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the election authority in charge of the election for further
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instructions. If the number of ballots counted by the voting
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equipment agrees with the number of voters voting as shown by
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the application for ballot, the number shall be listed on the
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"Statement of Ballots" form provided by the election authority.
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Except as otherwise provided in this Section, the
The
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totals for all candidates and propositions shall be
tabulated; |
and 4 copies of a "Certificate of Results" shall be
printed by |
the automatic tabulating equipment; one copy shall be
posted in |
a conspicuous place inside the polling place; and
every effort |
shall be made by the judges of election to provide
a copy for |
each authorized pollwatcher or other official
authorized to be |
present in the polling place to observe the
counting of |
ballots; but in no case shall the number of copies
to be made |
available to pollwatchers be fewer than 4, chosen by
lot by the |
judges of election. 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.
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Until December 31, 2007, in elections at which fractional |
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cumulative votes are cast for candidates, the tabulation of |
those fractional cumulative votes may be made by the election |
authority at its central office location, and 4 copies of a |
"Certificate of Results" shall be printed by the automatic |
tabulation equipment and shall be posted in 4 conspicuous |
places at the central office location where those fractional |
cumulative votes have been tabulated.
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If instructed by the election authority, the judges of
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election shall cause the tabulated returns to be transmitted
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electronically to the offices of the election authority via
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modem or other electronic medium.
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The precinct judges of election shall select a bi-partisan
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team of 2 judges, who shall immediately return the ballots in a
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sealed container, along with all other election materials and
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equipment as instructed by the election authority; provided,
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however, that such container must first be sealed by the
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election judges with filament tape or other approved sealing
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devices provided for the purpose in a manner that the ballots
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cannot be removed from the container without breaking the seal
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or filament tape and disturbing any signatures affixed by the
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election judges to the container. The election authority shall
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keep the office of the election authority, or any receiving
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stations designated by the authority, open for at least 12
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consecutive hours after the polls close or until the ballots |
and
election material and equipment from all precincts within |
the
jurisdiction of the election authority have been returned |
to the
election authority. Ballots and election materials and
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equipment returned to the office of the election authority |
which
are not signed and sealed as required by law shall not be
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accepted by the election authority until the judges returning
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the ballots make and sign the necessary corrections. Upon
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acceptance of the ballots and election materials and equipment
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by the election authority, the judges returning the ballots
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shall take a receipt signed by the election authority and
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stamped with the time and date of the return. The election
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judges whose duty it is to return any ballots and election
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