|
|
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 |
devices.
|
|
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 |
authority.
|
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
|