Illinois General Assembly - Full Text of Public Act 094-1073
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Public Act 094-1073




Public Act 094-1073
SB2340 Enrolled LRB094 16578 JAM 51839 b

    AN ACT concerning elections.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Election Code is amended by changing Section
24C-12 as follows:
    (10 ILCS 5/24C-12)
    Sec. 24C-12. Procedures for Counting and Tallying of
Ballots. In an election jurisdiction where a Direct Recording
Electronic Voting System is used, the following procedures for
counting and tallying the ballots shall apply:
    Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on. The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by inserting
into the equipment and voting devices appropriate data cards
containing passwords and data codes that will select the proper
ballot formats selected for that polling place and that will
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
    After the judges have determined that a person is qualified
to vote, a voting device with the proper ballot to which the
voter is entitled shall be enabled to be used by the voter. The
ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a
vote for any candidate or for or against any public question.
The voter shall be able to vote for any and all candidates and
public measures appearing on the ballot in any legal number and
combination and the voter shall be able to delete, change or
correct his or her selections before the ballot is cast. The
voter shall be able to select candidates whose names do not
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.
    Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has been
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
completed ballot, increment the proper ballot position
registers, and shall signify to the voter that the ballot has
been cast. Upon activation, the voting system shall also print
a permanent paper record of each ballot cast as defined in
Section 24C-2 of this Code. This permanent paper record shall
(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
deposited by the voter into a secure ballot box. No permanent
paper record shall be removed from the polling place except by
election officials as authorized by this Article. All permanent
paper records shall be preserved and secured by election
officials in the same manner as paper ballots and shall be
available as an official record for any recount, redundant
count, or verification or retabulation of the vote count
conducted with respect to any election in which the voting
system is used. The voter shall exit the voting station and the
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
without casting a ballot, 2 judges of election, one from each
of the 2 major political parties, shall spoil the ballot.
    Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or
public question on the voting or counting equipment. Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper
code from an authorized representative of the election
    The precinct judges of election shall check the public
register to determine whether the number of ballots counted by
the voting equipment agrees with the number of voters voting as
shown by the applications for ballot. If the same do not agree,
the judges of election shall immediately contact the offices of
the election authority in charge of the election for further
instructions. If the number of ballots counted by the voting
equipment agrees with the number of voters voting as shown by
the application for ballot, the number shall be listed on the
"Statement of Ballots" form provided by the election authority.
    Except as otherwise provided in this Section, the The
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.
    Until December 31, 2007, in elections at which fractional
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.
    If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
    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 and
equipment 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 in a manner that the ballots
cannot be removed from the container without breaking the seal
or 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 the authority, open for at least 12
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
equipment 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 and election materials and equipment
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 and election
materials and equipment as provided shall, in the event the
ballots, materials or equipment cannot be found when needed, on
proper request, produce the receipt which they are to take as
above provided.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/26/2006