093_HB0112

 
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 1        AN ACT concerning elections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Election  Code  is  amended by changing
 5    Sections 7-15, 12-1, 17-9, 18-5,  24A-10,  24A-15.1,  24B-10,
 6    and 24B-15.1 and by adding Article 19A as follows:

 7        (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
 8        Sec.  7-15.   At  least 60 days prior to each general and
 9    consolidated primary, the election  authority  shall  provide
10    public  notice,  calculated  to reach elderly and handicapped
11    voters, of the availability of registration and  voting  aids
12    under  the  Federal  Voting Accessibility for the Elderly and
13    Handicapped Act, of the availability of assistance in marking
14    the ballot, and procedures for voting by absentee ballot, and
15    procedures for early voting by personal appearance. At  least
16    20  days  before the general primary the county clerk of each
17    county, and not more than 30 nor less than 10 days before the
18    consolidated primary the election authority, shall prepare in
19    the manner provided in this Act, a  notice  of  such  primary
20    which  notice  shall  state the time and place of holding the
21    primary, the hours during which the polls will be  open,  the
22    offices  for  which  candidates  will  be  nominated  at such
23    primary and the political  parties  entitled  to  participate
24    therein,  notwithstanding  that  no  candidate  of  any  such
25    political  party  may be entitled to have his name printed on
26    the primary ballot.  Such notice shall also include the  list
27    of  addresses of precinct polling places for the consolidated
28    primary unless such  list  is  separately  published  by  the
29    election   authority   not  less  than  10  days  before  the
30    consolidated primary.
31        In counties, municipalities, or towns having  fewer  than
 
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 1    500,000  inhabitants  notice  of the general primary shall be
 2    published once in two or more  newspapers  published  in  the
 3    county, municipality or town, as the case may be, or if there
 4    is  no  such  newspaper,  then  in any two or more newspapers
 5    published in the county  and  having  a  general  circulation
 6    throughout the community.
 7        In  counties,  municipalities, or towns having 500,000 or
 8    more inhabitants notice  of  the  general  primary  shall  be
 9    published  at  least 15 days prior to the primary by the same
10    authorities and in the same manner as notice of election  for
11    general  elections  are required to be published in counties,
12    municipalities or towns of 500,000 or more inhabitants  under
13    this Act.
14        Notice  of  the  consolidated  primary shall be published
15    once in one or more newspapers published  in  each  political
16    subdivision  having  such  primary,  and  if there is no such
17    newspaper,  then  published  once  in  a   local,   community
18    newspaper  having general circulation in the subdivision, and
19    also once in a newspaper published in the county wherein  the
20    political  subdivisions,  or  portions  thereof,  having such
21    primary are situated.
22    (Source: P.A. 84-808.)

23        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
24        Sec. 12-1.  At least 60 days prior to  each  general  and
25    consolidated  election,  the election authority shall provide
26    public notice, calculated to reach  elderly  and  handicapped
27    voters,  of  the availability of registration and voting aids
28    under the Federal Voting Accessibility for  the  Elderly  and
29    Handicapped Act, of the availability of assistance in marking
30    the ballot, and procedures for voting by absentee ballot, and
31    procedures for voting early by personal appearance.
32        At  least  30  days  before  any general election, and at
33    least 20 days before any special congressional election,  the
 
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 1    county  clerk  shall publish a notice of the election in 2 or
 2    more newspapers  published  in  the  county,  city,  village,
 3    incorporated town or town, as the case may be, or if there is
 4    no such newspaper, then in any 2 or more newspapers published
 5    in the county and having a general circulation throughout the
 6    community. The notice may be substantially as follows:
 7        Notice  is hereby given that on (give date), at (give the
 8    place of holding the election and the name of the precinct or
 9    district) in the county of (name county), an election will be
10    held for (give  the  title  of  the  several  offices  to  be
11    filled),  which  election  will  be  open  at  6:00  a.m. and
12    continued open until 7:00 p.m. of that day.
13        Dated at .... on (insert date).
14    (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)

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

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

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

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

20        (10 ILCS 5/Art. 19A heading new)

21          ARTICLE 19A.  EARLY VOTING BY PERSONAL APPEARANCE

22        (10 ILCS 5/19A-5 new)
23        Sec. 19A-5.  Issuance of ballots; voting booth.
24        (a)  If a request is made to vote early by  a  registered
25    voter  in person, the election authority shall issue a ballot
26    for early voting to the voter. The ballot must  be  voted  on
27    the  premises  of  the election authority and returned to the
28    election authority.
29        (b)  On the dates for early voting prescribed in  Section
30    19A-15, each election authority shall provide a voting booth,
31    with  suitable  equipment  for voting, on the premises of the
32    election authority  for use  by  registered  voters  who  are
 
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 1    issued  ballots  for  early  voting  in  accordance with this
 2    Section.
 3        (c)  The election authority must maintain a list for each
 4    election of the voters to whom it has issued  early  ballots.
 5    The  list  must  be  maintained  for each precinct within the
 6    election authority's jurisdiction.  Before the opening of the
 7    polls on election day, the election authority  shall  deliver
 8    to  the  judges  of  election  in  each  precinct the list of
 9    registered voters to whom early ballots have been issued.

10        (10 ILCS 5/19A-10 new)
11        Sec. 19A-10.  Permanent polling places for early voting.
12        (a)  An  election  authority  may   establish   permanent
13    polling  places  for  early  voting by personal appearance at
14    locations throughout the election  authority's  jurisdiction.
15    Except  as  otherwise  provided in subsection (b), any person
16    entitled to vote early by personal appearance may  do  so  at
17    any polling place for early voting.
18        (b)  If  it  is impractical for the election authority to
19    provide at each polling place for early voting  a  ballot  in
20    every form required in the election authority's jurisdiction,
21    the election authority  may:
22             (1)  provide  appropriate  forms  of  ballots to the
23        office of the  municipal  clerk  in  a  municipality  not
24        having  a  board  of election commissioners; the township
25        clerk; or in counties not  under  township  organization,
26        the road district clerk; and
27             (2)  limit   voting   at   that   polling  place  to
28        registered voters in that municipality, township, or road
29        district.

30        (10 ILCS 5/19A-15 new)
31        Sec. 19A-15. Period for early voting; hours.
32        (a)  The period for early voting by  personal  appearance
 
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 1    begins  the  third  Saturday  preceding  a  general  primary,
 2    consolidated  primary,  consolidated, or general election and
 3    extends through the Friday before election day,  Sundays  and
 4    holidays excepted.
 5        (b)  The  election  authority  may  include any Sunday or
 6    holiday that falls within the period for  early voting.
 7        (c)  A permanent polling  place  for  early  voting  must
 8    remain  open  during  the hours of 8:30 a.m. to 4:30 p.m., or
 9    9:00 a.m. to 5:00 p.m., on weekdays and 9:00  a.m.  to  12:00
10    p.m.  on  Saturdays.  If  the  election  authority includes a
11    Sunday or holiday that falls  within  the  period  for  early
12    voting,  the  permanent polling place must remain open during
13    the hours that the election authority  and  municipal  clerk,
14    township clerk, or road district clerk establish.

15        (10 ILCS 5/19A-20 new)
16        Sec. 19A-20. Temporary branch polling places.
17        (a)  In  addition  to  permanent polling places for early
18    voting, the election authority may establish temporary branch
19    polling places for early voting.
20        (b)  The provisions of subsection (c) of  Section  19A-15
21    do  not  apply  to  a  temporary  polling  place. Voting at a
22    temporary branch polling place may be conducted on any one or
23    more days and during any hours within the  period  for  early
24    voting  by  personal  appearance  that  are determined by the
25    election authority.
26        (c)  The schedules for conducting voting do not  need  to
27    be uniform among the temporary branch polling places.
28        (d)  The  legal  rights  and  remedies which inure to the
29    owner or lessor of  private  property  are  not  impaired  or
30    otherwise  affected by the leasing of the property for use as
31    a temporary branch polling place for early voting, except  to
32    the   extent  necessary  to  conduct  early  voting  at  that
33    location.
 
                            -14-     LRB093 02619 JAM 02629 b
 1        (10 ILCS 5/19A-25 new)
 2        Sec. 19A-25. Schedule of locations and  times  for  early
 3    voting.
 4        (a)  The  election  authority  shall   publish during the
 5    week before the period for early voting  and  at  least  once
 6    each  week  during the period for early voting in a newspaper
 7    of  general   circulation   in   the   election   authority's
 8    jurisdiction a schedule stating:
 9             (1)  the  location  of  each permanent and temporary
10        polling place for early voting and the  precincts  served
11        by each location; and
12             (2)  the  dates  and hours that early voting will be
13        conducted at each location.
14        (b)  The election authority shall  post  a  copy  of  the
15    schedule  at  the office of the municipal clerk, the township
16    clerk, or road district clerk. The schedule  must  be  posted
17    continuously  for  a  period beginning not later than the 5th
18    day before the first day of the period for  early  voting  by
19    personal  appearance  and  ending  on  the  last  day of that
20    period.
21        (c)  The election  authority  must  make  copies  of  the
22    schedule  available  to  the  public in reasonable quantities
23    without charge during the period of posting.
24        (d)  No additional polling places for early voting may be
25    established  after  the  schedule  is  published  under  this
26    Section.

27        (10 ILCS 5/19A-25.5 new)
28        Sec.  19A-25.5.  Voting  machines,  automatic  tabulating
29    equipment, and precinct tabulation  optical  scan  technology
30    voting equipment.
31        (a)  In  all  jurisdictions  in which voting machines are
32    used, the provisions of this Code that are  not  inconsistent
33    with this Article relating to the furnishing of ballot boxes,
 
                            -15-     LRB093 02619 JAM 02629 b
 1    printing  and furnishing ballots and supplies, the canvassing
 2    of ballots, and the making of returns, apply with full  force
 3    and  effect  to  the  extent  necessary  to make this Article
 4    effective, provided that the number of ballots to be  printed
 5    shall be in the discretion of the election authority.
 6        (b)  If  the  election  authority  has adopted the use of
 7    automatic tabulating equipment  under  Article  24A  of  this
 8    Code, and the provisions of that Article are in conflict with
 9    the provisions of this Article 19A, the provisions of Article
10    24A  shall  govern  the  procedures  followed by the election
11    authority, its judges of  election,  and  all  employees  and
12    agents.
13        (c)  If  the  election  authority  has adopted the use of
14    precinct tabulation optical scan technology voting  equipment
15    under  Article  24B  of this Code, and the provisions of that
16    Article are in conflict with the provisions of  this  Article
17    19A,   the   provisions  of  Article  24B  shall  govern  the
18    procedures followed by the election authority, its judges  of
19    election, and all employees and agents.

20        (10 ILCS 5/19A-30 new)
21        Sec. 19A-30.  Appointment of election officials.
22        (a)  The  election  authority must appoint an employee to
23    serve as the election official  in  charge  of  each  polling
24    place for early voting.
25        (b)  The  election  authority  may  also  appoint as many
26    additional election officials as it deems necessary  for  the
27    proper conduct of the election.

28        (10 ILCS 5/19A-35 new)
29        Sec. 19A-35. Procedure for voting.
30        (a)  Not  more  than  23  days  before the start of early
31    voting, the county clerk shall make available to the election
32    authority conducting early voting by  personal  appearance  a
 
                            -16-     LRB093 02619 JAM 02629 b
 1    sufficient  number  of  early ballots, envelopes, and printed
 2    voting instruction slips for the use of  early  voters.   The
 3    election authority shall receipt for all ballots received and
 4    shall  return  unused  or spoiled ballots at the close of the
 5    early voting period to the county  clerk  and  must  strictly
 6    account  for  all ballots received.  The ballots delivered to
 7    the election authority must include early  ballots  for  each
 8    precinct  in  the  election authority's jurisdiction and must
 9    include  separate  ballots  for  each  political  subdivision
10    conducting an election of officers or a  referendum  at  that
11    election.
12        (b)  In  conducting  early voting under this Article, the
13    election official is not required to verify the signature  of
14    the  early  voter  by  comparison  with  the signature on the
15    official registration card, however, the official must verify
16    (i) the identity of the applicant, (ii) that the applicant is
17    a registered voter, (iii) the precinct in which the applicant
18    is registered, and (iv) the proper ballots of  the  political
19    subdivision in which the applicant resides and is entitled to
20    vote  before providing an early ballot to the applicant.  The
21    election official must verify  the  applicant's  registration
22    from  the  most  recent  poll  list  provided by the election
23    authority, and if the applicant is not listed  on  that  poll
24    list, by telephoning the office of the election authority.
25        (c)  The  sealed  early ballots in their carrier envelope
26    shall be delivered by the election officials  to  the  proper
27    polling place before the close of the polls on the day of the
28    election.

29        (10 ILCS 5/19A-40 new)
30        Sec. 19A-40. Enclosure of ballots in envelope.
31        It  is  the  duty  of  the election authority to fold the
32    ballot or ballots in the manner specified by the statute  for
33    folding ballots prior to their deposit in the ballot box, and
 
                            -17-     LRB093 02619 JAM 02629 b
 1    to  enclose  the ballot or ballots in an envelope unsealed to
 2    be furnished by him, which envelope shall bear upon the  face
 3    thereof  the name, official title, and post office address of
 4    the election authority, and upon the  other  side  a  printed
 5    certification in substantially the following form:
 6        I  state that I am a resident of the .... precinct of the
 7    (1) *township of .... (2) *City of .... or (3) *.... ward  in
 8    the city of .... residing at .... in that city or town in the
 9    county  of  ....  and State of Illinois, that I have lived at
10    that address for .... months last past; that  I  am  lawfully
11    entitled  to vote in that precinct at the .... election to be
12    held on .... .
13    *fill in either (1), (2) or (3).
14        I further state that I  personally  marked  the  enclosed
15    ballot in secret.
16        Under penalties of perjury as provided by law pursuant to
17    Section 29-10 of the Election Code, the undersigned certifies
18    that  the statements set forth in this certification are true
19    and correct.
20                                          .......................
21        If the ballot enclosed  is  to  be  voted  at  a  primary
22    election,  the  certification shall designate the name of the
23    political party with which the voter is affiliated.
24        In addition to the above, the  election  authority  shall
25    provide  printed slips giving full instructions regarding the
26    manner of marking and returning the ballot in order that  the
27    same  may  be  counted,  and shall furnish one of the printed
28    slips to each of such applicants at the same time the  ballot
29    is  delivered  to  him or her. The instructions shall include
30    the following statement: "In signing the certification on the
31    early ballot envelope, you are attesting that you  personally
32    marked  this  early  ballot in secret. If your are physically
33    unable to mark the ballot, a friend or  relative  may  assist
34    you.   Federal  and  State  laws prohibit your employer, your
 
                            -18-     LRB093 02619 JAM 02629 b
 1    employer's agent, or an officer or agent of your  union  form
 2    assisting physically disabled voters."
 3        In addition to the above, if a ballot to be provided to a
 4    voter  pursuant  to  this  Section contains a public question
 5    described in subsection (b) of Section 28-6 and the territory
 6    concerning which the question  is  to  be  submitted  is  not
 7    described  on  the ballot due to the space limitations of the
 8    ballot, the election authority shall provide a  printed  copy
 9    of  a  notice  of  the public question, which shall include a
10    description of  the  territory  in  the  manner  required  by
11    Section  16-7.  The notice shall be furnished to the voter at
12    the same time the ballot is delivered to the voter.

13        (10 ILCS 5/19A-45 new)
14        Sec. 19A-45.  Certification.  The voter  shall  make  and
15    subscribe  the  certification  provided  for  on  the  return
16    envelope  of  the  ballot, and the ballot or ballots shall be
17    folded by the voter in  the  manner  required  to  be  folded
18    before  depositing the ballot in the ballot box, and shall be
19    deposited in the envelope and the envelope  securely  sealed.
20    The  voter  shall  then endorse his or her certificate on the
21    back of the envelope and the envelope shall  be  returned  to
22    the election official conducting the early voting.

23        (10 ILCS 5/19A-50 new)
24        Sec.  19A-50.  Receipt  of  ballots.  Upon receipt of the
25    voter's ballot,  the  election  official  shall  enclose  the
26    unopened  ballot in a large or carrier envelope that shall be
27    securely sealed and endorsed with the name and official title
28    of the  election  official  and  the  words,  "This  envelope
29    contains  a  ballot  and  must  be  opened  on election day",
30    together with the number and description of the  precinct  in
31    which  the  ballot is to be voted, and the election authority
32    shall safely keep the envelope in its office until  delivered
 
                            -19-     LRB093 02619 JAM 02629 b
 1    to the judges of election as provided in Section 19A-35.

 2        (10 ILCS 5/19A-55 new)
 3        Sec. 19A-55.  Casting the ballots.
 4        At the close of the regular balloting and at the close of
 5    the  polls  the  judges  of  election of each voting precinct
 6    shall proceed to cast the early  voter's  ballot  separately,
 7    and  as  each  early  voter's  ballot is taken shall open the
 8    outer or carrier envelope, announce the early  voter's  name,
 9    and compare the signature upon the official registration card
10    with  the  signature  upon  the  certification  on the ballot
11    envelope. In case the judges find the certification  properly
12    executed,  that the signatures correspond, that the applicant
13    is a duly qualified voter in the precinct, and the voter  has
14    not  been  present  and voted on the election day, they shall
15    open the envelope containing the early voter's  ballot  in  a
16    manner  that  does not to deface or destroy the certification
17    thereon, or mark or tear the ballots therein and take out the
18    ballot or ballots  therein  contained  without  unfolding  or
19    permitting  the  same  to be unfolded or examined, and having
20    endorsed the ballot in  like  manner  as  other  ballots  are
21    required to be endorsed, shall deposit the same in the proper
22    ballot  box  or boxes and enter the early voter's name in the
23    poll book the same as if he or she had voted on election day.
24    The  judges  shall  place  the  early  ballot   certification
25    envelopes  in a separate envelope as per the direction of the
26    election authority. The envelope containing the early  ballot
27    certification  envelopes  shall  be  returned to the election
28    authority and preserved in like manner as the  official  poll
29    record.
30        In   case  the  signatures  do  not  correspond,  or  the
31    applicant is not a duly qualified voter in  the  precinct  or
32    the  ballot envelope is open or has been opened and resealed,
33    or the voter has voted on election day, the  previously  cast
 
                            -20-     LRB093 02619 JAM 02629 b
 1    vote  shall  not  be  allowed,  but without opening the early
 2    voter's envelope the judge of the election shall mark  across
 3    the face thereof, "Rejected", giving the reason therefor.
 4        In case the ballot envelope contains more than one ballot
 5    of  any  kind, the ballots shall not be counted, but shall be
 6    marked "Rejected", giving the reason therefor.
 7        The early voters' envelopes and affidavits and the  early
 8    voters'  envelope  with its contents unopened, when the early
 9    vote is rejected, shall be  retained  and  preserved  in  the
10    manner  as now provided for the retention and preservation of
11    official ballots rejected at the election.

12        (10 ILCS 5/19A-60 new)
13        Sec.   19A-60.  Pollwatchers.    Pollwatchers   may    be
14    appointed  to  observe early voting by personal appearance at
15    each permanent and temporary polling place where early voting
16    is  conducted.   The  pollwatchers  shall  qualify   and   be
17    appointed in the same manner as provided in Sections 7-34 and
18    17-23,  except  that  each  candidate,  political  party,  or
19    organization of citizens may appoint only one pollwatcher for
20    each  location  where  early voting by personal appearance is
21    conducted.  Pollwatchers must be residents of the county  and
22    possess valid pollwatcher credentials.
23        In  the  polling  place on election day, pollwatchers are
24    permitted to be present  during  the  casting  of  the  early
25    ballots  and the vote of an early voter may be challenged for
26    cause the same as if the voter  were  present  and  voted  on
27    election day.  The judges of election, or a majority of them,
28    have  the  power  and  authority  to  hear  and determine the
29    legality of the early ballot, provided, however,  that  if  a
30    challenge  to  any  early voter's right to vote is sustained,
31    notice of the challenge  must  be  given  by  the  judges  of
32    election by mail addressed to the voter's place of residence.
 
                            -21-     LRB093 02619 JAM 02629 b
 1        (10 ILCS 5/19A-65 new)
 2        Sec.  19A-65.  Death  of  voter  before opening of polls.
 3    Whenever due proof is made to the judges of election that any
 4    voter who has marked an early  ballot  as  provided  in  this
 5    Article  has died before the opening of the polls on the date
 6    of the election, the ballot of the deceased  voter  shall  be
 7    returned  by  the  judges  of  election  in  the  same manner
 8    provided for rejected ballots; but the casting of the  ballot
 9    of a deceased voter shall not invalidate the election.

10        (10 ILCS 5/19A-70 new)
11        Sec.  19A-70.  Advertising or campaigning in proximity of
12    polling place; penalty.   During  the  period  prescribed  in
13    Section  19A-15  for  early voting by personal appearance, no
14    advertising pertaining to any candidate or proposition to  be
15    voted  on  may  be  displayed  in  or  within 100 feet of any
16    polling place used by voters under this Article.   No  person
17    may  engage  in  electioneering  in or within 100 feet of any
18    polling place used by voters under this Article.
19        Any person who violates this Section may be punished  for
20    contempt of court.

21        (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
22        Sec.  24A-10.  (1)  In an election jurisdiction which has
23    adopted an electronic voting system, the election official in
24    charge of the election shall select one of  the  3  following
25    procedures  for  receiving, counting, tallying, and return of
26    the ballots:
27        (a)  Two ballot boxes shall be provided for each  polling
28    place.  The  first  ballot box is for the depositing of votes
29    cast on the electronic voting system; and the  second  ballot
30    box  is  for  all  votes  cast  on  paper  ballots, including
31    absentee paper and early paper ballots and  any  other  paper
32    ballots  required  to  be  voted other than on the electronic
 
                            -22-     LRB093 02619 JAM 02629 b
 1    voting system. Ballots, except absentee and early ballots for
 2    candidates  and  propositions  which  are   listed   on   the
 3    electronic  voting system, deposited in the second ballot box
 4    shall be counted,  tallied,  and  returned  as  is  elsewhere
 5    provided in "The Election Code," as amended, for the counting
 6    and  handling of paper ballots. Immediately after the closing
 7    of the polls the absentee and early ballots delivered to  the
 8    precinct  judges  of  election  by  the  election official in
 9    charge of the election shall be examined  to  determine  that
10    such  ballots  comply with Sections 19-9, 19A-55, and 20-9 of
11    "The Election Code," as  amended,  and  are  entitled  to  be
12    deposited in the ballot box provided therefor; those entitled
13    to  be deposited in this ballot box shall be initialed by the
14    precinct judges of election and deposited therein. Those  not
15    entitled  to  be deposited in this ballot box shall be marked
16    "Rejected" and disposed of  as  provided  in  Sections  19-9,
17    19A-55,  and 20-9. The precinct judges of election shall then
18    open the second ballot box and examine all paper absentee and
19    early ballots which  are  in  the  ballot  box  to  determine
20    whether the absentee and early ballots bear the initials of a
21    precinct  judge  of election. If any absentee or early ballot
22    is  not  so  initialed,  it  shall  be  marked  on  the  back
23    "Defective,"  initialed  as  to  such  label  by  all  judges
24    immediately under such word "Defective," and not counted, but
25    placed in the envelope  provided  for  that  purpose  labeled
26    "Defective   Ballots   Envelope."  The  judges  of  election,
27    consisting in each case of at least one judge of election  of
28    each  of  the  two major political parties, shall examine the
29    paper absentee and early ballots which were  in  such  ballot
30    box  and  properly  initialed  so as to determine whether the
31    same contain write-in votes. Write-in votes, not  causing  an
32    overvote  for  an  office  otherwise  voted  for on the paper
33    absentee or early ballot, and otherwise properly voted, shall
34    be counted, tallied and recorded on the tally sheet  provided
 
                            -23-     LRB093 02619 JAM 02629 b
 1    for  such  record. A write-in vote causing an overvote for an
 2    office shall not be counted for that office, but the precinct
 3    judges  shall  mark  such  paper  or  early  absentee  ballot
 4    "Objected To" on the back thereof and write on its  back  the
 5    manner  in which such ballot is counted and initial the same.
 6    An overvote for one office shall invalidate only the vote  or
 7    count of that particular office. After counting, tallying and
 8    recording  the  write-in votes on absentee and early ballots,
 9    the judges of election, consisting in each case of  at  least
10    one  judge  of  election  of  each of the two major political
11    parties, shall make a true duplicate ballot of the  remaining
12    valid  votes on each paper absentee or early ballot which was
13    in the ballot  box  and  properly  initialed,  by  using  the
14    electronic  voting system used in the precinct and one of the
15    marking devices  of  the  precinct  so  as  to  transfer  the
16    remaining  valid  votes  of  the  voter on the paper absentee
17    ballot to an official ballot or a ballot card  of  that  kind
18    used  in  the  precinct  at that election. The original paper
19    absentee or early ballot shall be clearly  labeled  "Absentee
20    Ballot" or "Early Ballot", as the case may be, and the ballot
21    card  so  produced "Duplicate Absentee Ballot," or "Duplicate
22    Early Ballot", as the case may be, and each  shall  bear  the
23    same  serial  number  which  shall  be  placed thereon by the
24    judges of election, commencing with number 1  and  continuing
25    consecutively  for the ballots of that kind in that precinct.
26    The judges of election shall initial the "Duplicate  Absentee
27    Ballot"  and "Duplicate Early Ballot" ballots or ballot cards
28    and shall place them in the first  ballot  box  provided  for
29    return  of  the ballots to be counted at the central counting
30    location in lieu of the paper absentee and early ballots. The
31    paper absentee and  early  ballots  shall  be  placed  in  an
32    envelope   provided   for  that  purpose  labeled  "Duplicate
33    Ballots."
34        As soon as the  absentee  and  early  ballots  have  been
 
                            -24-     LRB093 02619 JAM 02629 b
 1    deposited  in  the  first  ballot box, the judges of election
 2    shall make out a slip indicating the number  of  persons  who
 3    voted  in  the  precinct  at the election. Such slip shall be
 4    signed by all the judges of election and shall be inserted by
 5    them in the first ballot box. The judges  of  election  shall
 6    thereupon  immediately  lock  the first ballot box; provided,
 7    that if such box is not of  a  type  which  may  be  securely
 8    locked,  such box shall be sealed with filament tape provided
 9    for such purpose  which  shall  be  wrapped  around  the  box
10    lengthwise  and  crosswise,  at  least twice each way, and in
11    such manner that the seal completely covers the slot  in  the
12    ballot  box,  and  each  of  the judges shall sign such seal.
13    Thereupon  two  of  the  judges  of  election,  of  different
14    political parties, shall forthwith and  by  the  most  direct
15    route  transport  both  ballot boxes to the counting location
16    designated  by  the  county  clerk  or  board   of   election
17    commissioners.
18        Before   the  ballots  of  a  precinct  are  fed  to  the
19    electronic tabulating equipment, the first ballot  box  shall
20    be opened at the central counting station by the two precinct
21    transport  judges. Upon opening a ballot box, such team shall
22    first count the number of ballots in the box. If  2  or  more
23    are  folded together so as to appear to have been cast by the
24    same person, all of the ballots so folded together  shall  be
25    marked  and  returned  with  the  other  ballots  in the same
26    condition, as near as may be, in which they were  found  when
27    first  opened,  but  shall  not  be counted. If the remaining
28    ballots are found to exceed the number of persons  voting  in
29    the  precinct  as  shown  by the slip signed by the judges of
30    election, the ballots shall be replaced in the box,  and  the
31    box  closed  and  well shaken and again opened and one of the
32    precinct transport judges shall publicly  draw  out  so  many
33    ballots unopened as are equal to such excess.
34        Such  excess ballots shall be marked "Excess-Not Counted"
 
                            -25-     LRB093 02619 JAM 02629 b
 1    and signed by the two precinct transport judges and shall  be
 2    placed  in  the "After 7:00 p.m. Defective Ballots Envelope".
 3    The number of excess ballots shall be noted  in  the  remarks
 4    section of the Certificate of Results. "Excess" ballots shall
 5    not be counted in the total of  "defective" ballots.
 6        The  precinct  transport  judges  shall  then examine the
 7    remaining ballots for write-in  votes  and  shall  count  and
 8    tabulate the write-in vote; or
 9        (b)  A  single  ballot  box, for the deposit of all votes
10    cast, shall  be  used.  All  ballots  which  are  not  to  be
11    tabulated  on  the electronic voting system shall be counted,
12    tallied, and returned as elsewhere provided in "The  Election
13    Code,"  as  amended,  for  the counting and handling of paper
14    ballots.
15        All ballots  to  be  processed  and  tabulated  with  the
16    electronic voting system shall be processed as follows:
17        Immediately  after  the closing of the polls the absentee
18    and  early  ballots  delivered  to  the  precinct  judges  of
19    election by the election official in charge of  the  election
20    shall  be examined to determine that such ballots comply with
21    Sections 19-9, 19A-55, and 20-9 of "The  Election  Code,"  as
22    amended,  and are entitled to be deposited in the ballot box;
23    those entitled to be deposited in the  ballot  box  shall  be
24    initialed by the precinct judges of election and deposited in
25    the  ballot  box.  Those  not entitled to be deposited in the
26    ballot box shall be marked  "Rejected"  and  disposed  of  as
27    provided  in  said  Sections  19-9,  19A-55,  and  20-9.  The
28    precinct  judges  of  election then shall open the ballot box
29    and canvass the votes polled to determine that the number  of
30    ballots  therein  agree  with  the number of voters voting as
31    shown by the applications for ballot or if the  same  do  not
32    agree  the  judges  of election shall make such ballots agree
33    with the applications for ballot in the  manner  provided  by
34    Section  17-18 of "The Election Code." The judges of election
 
                            -26-     LRB093 02619 JAM 02629 b
 1    shall then examine all  paper  absentee  and  early  ballots,
 2    ballot  cards  and  ballot  card  envelopes  which are in the
 3    ballot box to determine whether  the  paper  ballots,  ballot
 4    cards  and  ballot  card  envelopes  bear  the  initials of a
 5    precinct judge of election. If any paper ballot, ballot  card
 6    or  ballot card envelope is not initialed, it shall be marked
 7    on the back "Defective," initialed as to such  label  by  all
 8    judges  immediately  under  such  word  "Defective,"  and not
 9    counted, but placed in the envelope provided for that purpose
10    labeled "Defective Ballots Envelope." The judges of election,
11    consisting in each case of at least one judge of election  of
12    each  of  the  two major political parties, shall examine the
13    paper absentee and early ballots which were in the ballot box
14    and properly initialed so as to determine  whether  the  same
15    contain  write-in  votes.  Write-in  votes,  not  causing  an
16    overvote  for  an  office  otherwise  voted  for on the paper
17    absentee or early ballot, and otherwise properly voted, shall
18    be counted, tallied and recorded on the tally sheet  provided
19    for  such  record. A write-in vote causing an overvote for an
20    office shall not be counted for that office, but the precinct
21    judges  shall  mark  such  paper  absentee  or  early  ballot
22    "Objected To" on the back thereof and write on its  back  the
23    manner  in which such ballot is counted and initial the same.
24    An overvote for one office shall invalidate only the vote  or
25    count of that particular office. After counting, tallying and
26    recording  the  write-in votes on absentee and early ballots,
27    the judges of election, consisting in each case of  at  least
28    one  judge  of  election  of  each of the two major political
29    parties, shall make a true duplicate ballot of the  remaining
30    valid votes on each paper absentee and early ballot which was
31    in  the  ballot  box  and  properly  initialed,  by using the
32    electronic voting system used in the precinct and one of  the
33    marking  devices  of  the  precinct  so  as  to  transfer the
34    remaining valid votes of the voter on the paper  absentee  or
 
                            -27-     LRB093 02619 JAM 02629 b
 1    early  ballot  to an official ballot or a ballot card of that
 2    kind used in the precinct  at  that  election.  The  original
 3    paper  absentee  ballot  shall  be  clearly labeled "Absentee
 4    Ballot" or "Early Ballot", as the case may be, and the ballot
 5    card so produced "Duplicate Absentee Ballot,"  or  "Duplicate
 6    Early  Ballot",  as  the case may be, and each shall bear the
 7    same serial number which  shall  be  placed  thereon  by  the
 8    judges  of  election, commencing with number 1 and continuing
 9    consecutively for the ballots of that kind in that  precinct.
10    The  judges of election shall initial the "Duplicate Absentee
11    Ballot" and "Duplicate Early Ballot" ballots or ballot cards,
12    and shall place them in the box for  return  of  the  ballots
13    with  all  other ballots or ballot cards to be counted at the
14    central counting location in lieu of the paper  absentee  and
15    early  ballots. The paper absentee and early ballots shall be
16    placed in an  envelope  provided  for  that  purpose  labeled
17    "Duplicate Ballots."
18        When an electronic voting system is used which utilizes a
19    ballot  card,  before  separating  the remaining ballot cards
20    from their  respective  covering  envelopes,  the  judges  of
21    election shall examine the ballot card envelopes for write-in
22    votes.  When  the voter has voted a write-in vote, the judges
23    of election shall compare the write-in vote with the votes on
24    the ballot card to determine whether such write-in results in
25    an overvote for any office. In case of an  overvote  for  any
26    office, the judges of election, consisting in each case of at
27    least  one  judge  of  election  of  each  of  the  two major
28    political parties, shall make a true duplicate ballot of  all
29    votes  on  such  ballot  card  except for the office which is
30    overvoted, by using the ballot label booklet of the  precinct
31    and  one  of  the  marking  devices  of the precinct so as to
32    transfer all  votes  of  the  voter  except  for  the  office
33    overvoted,  to  an  official ballot card of that kind used in
34    the precinct at that election. The original ballot  card  and
 
                            -28-     LRB093 02619 JAM 02629 b
 1    envelope  upon  which  there  is an overvote shall be clearly
 2    labeled "Overvoted Ballot", and  each  shall  bear  the  same
 3    serial  number which shall be placed thereon by the judges of
 4    election,   commencing   with   number   1   and   continuing
 5    consecutively for the ballots of that kind in that  precinct.
 6    The judges of election shall initial the "Duplicate Overvoted
 7    Ballot"  ballot  cards  and  shall  place them in the box for
 8    return of the ballots. The  "Overvoted  Ballot"  ballots  and
 9    their  envelopes  shall  be placed in the "Duplicate Ballots"
10    envelope. Envelopes bearing  write-in  votes  marked  in  the
11    place  designated  therefor  and  bearing  the  initials of a
12    precinct judge of election and not resulting in  an  overvote
13    and  otherwise complying with the election laws as to marking
14    shall be counted, tallied, and  their  votes  recorded  on  a
15    tally  sheet  provided  by the election official in charge of
16    the election. The ballot  cards  and  ballot  card  envelopes
17    shall  be separated and all except any defective or overvoted
18    shall be placed separately in  the  box  for  return  of  the
19    ballots,     along     with     all    "Duplicate    Absentee
20    Ballots,","Duplicate Early Ballots", and "Duplicate Overvoted
21    Ballots." The judges of election shall  examine  the  ballots
22    and  ballot cards to determine if any is damaged or defective
23    so that it cannot be  counted  by  the  automatic  tabulating
24    equipment.  If  any  ballot  or  ballot  card  is  damaged or
25    defective so that  it  cannot  properly  be  counted  by  the
26    automatic  tabulating  equipment,  the  judges  of  election,
27    consisting  in each case of at least one judge of election of
28    each of the two major political parties, shall  make  a  true
29    duplicate  ballot  of  all votes on such ballot card by using
30    the ballot label booklet of  the  precinct  and  one  of  the
31    marking  devices  of  the  precinct.  The  original ballot or
32    ballot card and envelope shall be  clearly  labeled  "Damaged
33    Ballot"  and the ballot or ballot card so produced "Duplicate
34    Damaged Ballot," and each shall bear the  same  number  which
 
                            -29-     LRB093 02619 JAM 02629 b
 1    shall be placed thereon by the judges of election, commencing
 2    with number 1 and continuing consecutively for the ballots of
 3    that  kind  in  the  precinct.  The  judges of election shall
 4    initial the  "Duplicate  Damaged  Ballot"  ballot  or  ballot
 5    cards,  and  shall  place  them  in the box for return of the
 6    ballots. The "Damaged Ballot" ballots  or  ballot  cards  and
 7    their  envelopes  shall be placed in the "Duplicated Ballots"
 8    envelope. A slip indicating the number of  voters  voting  in
 9    person, number of absentee votes deposited in the ballot box,
10    and  the  total number of voters of the precinct who voted at
11    the election shall be made  out,  signed  by  all  judges  of
12    election,  and inserted in the box for return of the ballots.
13    The tally sheets recording the write-in votes shall be placed
14    in this box. The judges  of  election  thereupon  immediately
15    shall  securely  lock  the  ballot  box or other suitable box
16    furnished for return of the ballots by the election  official
17    in  charge  of the election; provided that if such box is not
18    of a type which may be securely locked,  such  box  shall  be
19    sealed  with  filament  tape  provided for such purpose which
20    shall be wrapped around the box lengthwise and crosswise,  at
21    least  twice each way.  A separate adhesive seal label signed
22    by each of the judges of election of the  precinct  shall  be
23    affixed  to  the  box  so as to cover any slot therein and to
24    identify the box of the precinct; and if such box  is  sealed
25    with  filament  tape  as  provided herein rather than locked,
26    such tape shall be wrapped around the box as provided herein,
27    but in such manner that  the  separate  adhesive  seal  label
28    affixed  to  the  box  and  signed  by  the judges may not be
29    removed without breaking the filament tape and disturbing the
30    signature of the judges.   Thereupon,  2  of  the  judges  of
31    election,  of  different  major  political parties, forthwith
32    shall by the most direct route transport the box  for  return
33    of  the  ballots  and  enclosed  ballots  and  returns to the
34    central counting location designated by the election official
 
                            -30-     LRB093 02619 JAM 02629 b
 1    in charge of the election. If, however, because of  the  lack
 2    of  adequate  parking  facilities  at  the  central  counting
 3    location  or  for  any  other  reason,  it  is  impossible or
 4    impracticable for the boxes from all the polling places to be
 5    delivered directly to  the  central  counting  location,  the
 6    election  official  in  charge  of the election may designate
 7    some other location to which the boxes shall be delivered  by
 8    the 2 precinct judges. While at such other location the boxes
 9    shall  be  in the care and custody of one or more teams, each
10    consisting of 4  persons,  2  from  each  of  the  two  major
11    political   parties,  designated  for  such  purpose  by  the
12    election official in charge of elections from recommendations
13    by the appropriate political party organizations. As soon  as
14    possible,  the  boxes  shall  be  transported from such other
15    location to the central counting  location  by  one  or  more
16    teams,  each  consisting  of  4 persons, 2 from each of the 2
17    major political parties, designated for such purpose  by  the
18    election official in charge of elections from recommendations
19    by the appropriate political party organizations.
20        The   "Defective   Ballots"   envelope,  and  "Duplicated
21    Ballots" envelope each shall be securely sealed and the  flap
22    or  end  thereof  of  each  signed  by the precinct judges of
23    election and returned to the central counting  location  with
24    the  box  for  return  of  the  ballots, enclosed ballots and
25    returns.
26        At the central counting location, a team of tally  judges
27    designated by the election official in charge of the election
28    shall  check  the  box  returned  containing  the  ballots to
29    determine that all seals are intact, and thereupon shall open
30    the box, check the voters' slip and  compare  the  number  of
31    ballots  so  delivered  against the total number of voters of
32    the precinct who voted, remove the ballots  or  ballot  cards
33    and  deliver  them to the technicians operating the automatic
34    tabulating equipment.  Any discrepancies between  the  number
 
                            -31-     LRB093 02619 JAM 02629 b
 1    of  ballots  and  total  number of voters shall be noted on a
 2    sheet furnished for that purpose  and  signed  by  the  tally
 3    judges; or
 4        (c)  A  single  ballot  box, for the deposit of all votes
 5    cast, shall be used.  Immediately after the  closing  of  the
 6    polls  the  judges of election shall examine the absentee and
 7    early ballots received by the  precinct  judges  of  election
 8    from  the  election  authority  of voters in that precinct to
 9    determine that they comply with the  provisions  of  Sections
10    19-9,  19A-55,  20-8,  and  20-9  of  the  Election  Code, as
11    amended, and are entitled to be deposited in the ballot  box;
12    those  entitled  to  be  deposited in the ballot box shall be
13    initialed by the precinct judges and deposited in the  ballot
14    box.   Those  not entitled to be deposited in the ballot box,
15    in accordance with Sections 19-9, 19A-55, 20-8, and  20-9  of
16    the Election Code, as amended, shall be marked "Rejected" and
17    preserved in the manner provided in The Election Code for the
18    retention  and  preservation  of official ballots rejected at
19    such  election.   Immediately  upon  the  completion  of  the
20    absentee and early balloting, the precinct judges of election
21    shall securely lock the ballot box; provided that if such box
22    is not of a type which may be securely locked, such box shall
23    be sealed with filament tape provided for such purpose  which
24    shall  be wrapped around the box lengthwise and crosswise, at
25    least twice each way. A separate adhesive seal  label  signed
26    by  each  of  the judges of election of the precinct shall be
27    affixed to the box so as to cover any  slot  therein  and  to
28    identify  the  box of the precinct; and if such box is sealed
29    with filament tape as provided  herein  rather  than  locked,
30    such tape shall be wrapped around the box as provided herein,
31    but  in  such  manner  that  the separate adhesive seal label
32    affixed to the box and  signed  by  the  judges  may  not  be
33    removed without breaking the filament tape and disturbing the
34    signature  of  the  judges.   Thereupon,  2  of the judges of
 
                            -32-     LRB093 02619 JAM 02629 b
 1    election,  of  different  major  political   parties,   shall
 2    forthwith  by  the  most  direct  route transport the box for
 3    return of the ballots and enclosed absentee and early ballots
 4    and returns to the central counting  location  designated  by
 5    the election official in charge of the election.  If however,
 6    because  of  the  lack  of adequate parking facilities at the
 7    central counting location or for some  other  reason,  it  is
 8    impossible  or  impracticable  for  the  boxes  from  all the
 9    polling places  to  be  delivered  directly  to  the  central
10    counting  location,  the  election  official in charge of the
11    election may designate some other location to which the boxes
12    shall be delivered by the 2 precinct judges.  While  at  such
13    other  location the boxes shall be in the care and custody of
14    one or more teams, each consisting of 4 persons, 2 from  each
15    of  the  two  major  political  parties,  designated for such
16    purpose by the election official in charge of elections  from
17    recommendations    by   the   appropriate   political   party
18    organizations.  As soon  as  possible,  the  boxes  shall  be
19    transported  from such other location to the central counting
20    location by one or more teams, each consisting of 4  persons,
21    2  from each of the 2 major political parties, designated for
22    such purpose by  the  election  official  in  charge  of  the
23    election  from  recommendations  by the appropriate political
24    party organizations.
25        At the central counting location there shall  be  one  or
26    more   teams   of   tally   judges   who   possess  the  same
27    qualifications as  tally  judges  in  election  jurisdictions
28    using  paper  ballots.   The  number  of  such teams shall be
29    determined  by  the  election  authority.   Each  team  shall
30    consist of 5 tally judges, 3 selected  and  approved  by  the
31    county  board from a certified list furnished by the chairman
32    of the  county  central  committee  of  the  party  with  the
33    majority  of  members  on the county board and 2 selected and
34    approved by the county board from a certified list  furnished
 
                            -33-     LRB093 02619 JAM 02629 b
 1    by  the chairman of the county central committee of the party
 2    with the second largest  number  of  members  on  the  county
 3    board.   At  the  central  counting  location a team of tally
 4    judges shall open the ballot box and canvass the votes polled
 5    to determine that the number of ballot sheets  therein  agree
 6    with the number of voters voting as shown by the applications
 7    for  ballot  and  for  absentee and early ballot; and, if the
 8    same do not agree, the tally judges shall make  such  ballots
 9    agree  with  the  number  of  applications  for ballot in the
10    manner provided by Section 17-18 of the Election  Code.   The
11    tally  judges  shall then examine all ballot sheets which are
12    in the ballot box to determine whether they bear the initials
13    of the precinct judge of election.   If  any  ballot  is  not
14    initialed,  it  shall  be  marked  on  the  back "Defective",
15    initialed as to such label by all  tally  judges  immediately
16    under  such  word "Defective", and not counted, but placed in
17    the envelope provided for  that  purpose  labeled  "Defective
18    Ballots  Envelope".   Write-in votes, not causing an overvote
19    for an office otherwise voted for on the absentee  and  early
20    ballot sheet, and otherwise properly voted, shall be counted,
21    tallied  and recorded by the central counting location judges
22    on the tally sheet provided for such record.  A write-in vote
23    causing an overvote for an office shall not  be  counted  for
24    that  office,  but  the tally judges shall mark such absentee
25    ballot sheet "Objected To" on the back thereof and  write  on
26    its  back  the  manner  in  which  such ballot is counted and
27    initial  the  same.   An  overvote  for  one   office   shall
28    invalidate only the vote or count of that particular office.
29        At  the central counting location, a team of tally judges
30    designated by the election official in charge of the election
31    shall deliver the ballot sheets to the technicians  operating
32    the   automatic  tabulating  equipment.    Any  discrepancies
33    between the number of ballots  and  total  number  of  voters
34    shall  be  noted  on  a  sheet furnished for that purpose and
 
                            -34-     LRB093 02619 JAM 02629 b
 1    signed by the tally judges.
 2        (2)  Regardless   of   which   procedure   described   in
 3    subsection (1)  of  this  Section  is  used,  the  judges  of
 4    election designated to transport the ballots, properly signed
 5    and  sealed as provided herein, shall ensure that the ballots
 6    are delivered to the central counting station no  later  than
 7    12  hours  after  the  polls  close.  At the central counting
 8    station a team of tally judges  designated  by  the  election
 9    official  in charge of the election shall examine the ballots
10    so transported and shall not accept  ballots  for  tabulating
11    which are not signed and sealed as provided in subsection (1)
12    of  this  Section until the judges transporting the same make
13    and sign the necessary corrections.  Upon acceptance  of  the
14    ballots  by  a  team  of tally judges at the central counting
15    station, the election judges transporting the same shall take
16    a receipt signed by the election official in  charge  of  the
17    election  and  stamped  with the date and time of acceptance.
18    The election judges whose duty it is to transport any ballots
19    shall, in the event such ballots cannot be found when needed,
20    on proper request, produce the receipt which they are to take
21    as above provided.
22    (Source: P.A. 83-1362.)

23        (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
24        Sec.  24A-15.1.  Except  as  herein  provided,  discovery
25    recounts  and  election  contests  shall  be   conducted   as
26    otherwise  provided  for  in "The Election Code", as amended.
27    The automatic tabulating equipment shall be tested  prior  to
28    the  discovery  recount  or  election  contest as provided in
29    Section 24A-9, and then the official ballots or ballot  cards
30    shall  be recounted on the automatic tabulating equipment. In
31    addition, (1) the ballot or ballot cards shall be checked for
32    the  presence  or  absence  of  judges'  initials  and  other
33    distinguishing marks, and (2) the ballots marked  "Rejected",
 
                            -35-     LRB093 02619 JAM 02629 b
 1    "Defective",  Objected to", and "Absentee Ballot", and "Early
 2    Ballot" shall be examined to determine the propriety  of  the
 3    such  labels,  and  (3)  the  "Duplicate  Absentee  Ballots",
 4    "Duplicate  Early Ballots", "Duplicate Overvoted Ballots" and
 5    "Duplicate Damaged Ballots"  shall  be  compared  with  their
 6    respective  originals  to  determine  the  correctness of the
 7    duplicates.
 8        Any person who has filed a petition for discovery recount
 9    may request that a redundant  count  be  conducted  in  those
10    precincts  in which the discovery recount is being conducted.
11    The additional costs of such a redundant count shall be borne
12    by the requesting party.
13        The log  of  the  computer  operator  and  all  materials
14    retained  by  the  election  authority  in  relation  to vote
15    tabulation and  canvass  shall  be  made  available  for  any
16    discovery recount or election contest.
17    (Source: P.A. 82-1014.)

18        (10 ILCS 5/24B-10)
19        Sec. 24B-10.  Receiving, Counting, Tallying and Return of
20    Ballots; Acceptance of Ballots by Election Authority.
21        (a)  In  an  election  jurisdiction  which has adopted an
22    electronic Precinct Tabulation Optical Scan Technology voting
23    system, the election official in charge of the election shall
24    select one of  the  3  following  procedures  for  receiving,
25    counting, tallying, and return of the ballots:
26             (1)  Two  ballot  boxes  shall  be provided for each
27        polling  place.   The  first  ballot  box  is   for   the
28        depositing of votes cast on the electronic voting system;
29        and  the second ballot box is for all votes cast on other
30        ballots, including absentee paper and early paper ballots
31        and any other paper ballots required to  be  voted  other
32        than  on  the Precinct Tabulation Optical Scan Technology
33        electronic voting system.  Ballots, except  absentee  and
 
                            -36-     LRB093 02619 JAM 02629 b
 1        early  ballots  for candidates and propositions which are
 2        listed on the Precinct Tabulation Optical Scan Technology
 3        electronic voting system, deposited in the second  ballot
 4        box  shall  be  counted,  tallied,  and  returned  as  is
 5        elsewhere  provided  in  this  Code  for the counting and
 6        handling of paper ballots.  Immediately after the closing
 7        of the polls the absentee and early ballots delivered  to
 8        the  precinct judges of election by the election official
 9        in charge of the election shall be examined to  determine
10        that  the  ballots comply with Sections 19-9, 19A-55, and
11        20-9 of this Code and are entitled to  be  inserted  into
12        the  counting equipment and deposited into the ballot box
13        provided; those entitled to be deposited in  this  ballot
14        box shall be initialed by the precinct judges of election
15        and deposited. Those not entitled to be deposited in this
16        ballot  box shall be marked "Rejected" and disposed of as
17        provided  in  Sections  19-9,  19A-55,  and  20-9.    The
18        precinct  judges  of  election shall then open the second
19        ballot box and  examine  all  paper  absentee  and  early
20        ballots  which are in the ballot box to determine whether
21        the absentee or early ballots  bear  the  initials  of  a
22        precinct  judge  of  election.   If any absentee or early
23        ballot is not so initialed, it shall  be  marked  on  the
24        back "Defective", initialed as to the label by all judges
25        immediately  under the word "Defective", and not counted,
26        but placed in the  envelope  provided  for  that  purpose
27        labeled  "Defective  Ballots  Envelope".   The  judges of
28        election, consisting in each case of at least  one  judge
29        of  election  of  each  of the 2 major political parties,
30        shall examine the paper absentee and early ballots  which
31        were  in  such  ballot  box  and  properly  initialed  to
32        determine   whether  the  same  contain  write-in  votes.
33        Write-in votes, not causing an  overvote  for  an  office
34        otherwise  voted  for  on  the  paper  absentee  or early
 
                            -37-     LRB093 02619 JAM 02629 b
 1        ballot, and otherwise properly voted, shall  be  counted,
 2        tallied  and recorded on the tally sheet provided for the
 3        record.  A write-in  vote  causing  an  overvote  for  an
 4        office  shall  not  be  counted  for that office, but the
 5        precinct judges shall mark such paper absentee  or  early
 6        ballot  "Objected  To"  on the back and write on its back
 7        the manner in which the ballot is counted and initial the
 8        same.  An overvote for one office shall  invalidate  only
 9        the  vote  or  count  of  that  particular office.  After
10        counting, tallying and recording the  write-in  votes  on
11        absentee  and  early  ballots,  the  judges  of election,
12        consisting in each case of at least one judge of election
13        of each of the 2 major political parties,  shall  make  a
14        true  duplicate  ballot  of  the remaining valid votes on
15        each paper absentee and early ballot  which  was  in  the
16        ballot   box   and   properly  initialed,  by  using  the
17        electronic Precinct Tabulation  Optical  Scan  Technology
18        voting system used in the precinct and one of the marking
19        devices  of  the precinct to transfer the remaining valid
20        votes of the voter on the paper absentee or early  ballot
21        to  an official ballot or a ballot card of that kind used
22        in the precinct at that  election.   The  original  paper
23        absentee   ballot  shall  be  clearly  labeled  "Absentee
24        Ballot" or "Early Ballot", as the case may  be,  and  the
25        ballot  card  so  produced "Duplicate Absentee Ballot" or
26        "Duplicate Early Ballot", as the case may  be,  and  each
27        shall  bear  the same serial number which shall be placed
28        thereon by the judges of election, beginning with  number
29        1  and  continuing  consecutively for the ballots of that
30        kind in that precinct.   The  judges  of  election  shall
31        initial  the  "Duplicate  Absentee Ballot" and "Duplicate
32        Early Ballot"  ballots and shall place them in the  first
33        ballot  box  provided  for  return  of  the ballots to be
34        counted at the central counting location in lieu  of  the
 
                            -38-     LRB093 02619 JAM 02629 b
 1        paper absentee and early ballots.  The paper absentee and
 2        early ballots shall be placed in an envelope provided for
 3        that purpose labeled "Duplicate Ballots".
 4             As  soon as the absentee and early ballots have been
 5        deposited in the first ballot box, the judges of election
 6        shall make out a slip indicating the  number  of  persons
 7        who  voted  in  the  precinct  at the election.  The slip
 8        shall be signed by all the judges of election  and  shall
 9        be  inserted by them in the first ballot box.  The judges
10        of election shall thereupon immediately  lock  the  first
11        ballot  box;  provided,  that if the box is not of a type
12        which may be securely locked, the  box  shall  be  sealed
13        with filament tape provided for the purpose that shall be
14        wrapped around the box lengthwise and crosswise, at least
15        twice  each way, and in a manner that the seal completely
16        covers the slot in the ballot box, and each of the judges
17        shall sign the seal.  Two of the judges of  election,  of
18        different  political  parties,  shall  by the most direct
19        route  transport  both  ballot  boxes  to  the   counting
20        location  designated  by  the  county  clerk  or board of
21        election commissioners.
22             Before the ballots of a  precinct  are  fed  to  the
23        electronic  Precinct  Tabulation  Optical Scan Technology
24        tabulating equipment,  the  first  ballot  box  shall  be
25        opened  at the central counting station by the 2 precinct
26        transport judges.  Upon opening a ballot  box,  the  team
27        shall first count the number of ballots in the box.  If 2
28        or  more  are folded together to appear to have been cast
29        by the same person, all of the  ballots  folded  together
30        shall  be  marked  and returned with the other ballots in
31        the same condition, as near as may be, in which they were
32        found when first opened, but shall not  be  counted.   If
33        the  remaining  ballots are found to exceed the number of
34        persons voting in the  precinct  as  shown  by  the  slip
 
                            -39-     LRB093 02619 JAM 02629 b
 1        signed  by  the  judges of election, the ballots shall be
 2        replaced in the box, and the box closed and  well  shaken
 3        and again opened and one of the precinct transport judges
 4        shall  publicly  draw out so many ballots unopened as are
 5        equal to the excess.
 6             The  excess  ballots  shall  be  marked  "Excess-Not
 7        Counted" and signed by the 2  precinct  transport  judges
 8        and  shall  be  placed  in the "After 7:00 p.m. Defective
 9        Ballots Envelope".  The number of excess ballots shall be
10        noted in  the  remarks  section  of  the  Certificate  of
11        Results.   "Excess"  ballots  shall not be counted in the
12        total of "defective" ballots.
13             The precinct transport judges shall then examine the
14        remaining ballots for write-in votes and shall count  and
15        tabulate the write-in vote.
16             (2)  A  single  ballot  box,  for the deposit of all
17        votes cast, shall be used.  All ballots which are not  to
18        be  tabulated  on  the  electronic voting system shall be
19        counted, tallied, and returned as elsewhere  provided  in
20        this Code for the counting and handling of paper ballots.
21             All  ballots  to be processed and tabulated with the
22        electronic Precinct Tabulation  Optical  Scan  Technology
23        voting system shall be processed as follows:
24             Immediately  after  the  closing  of  the  polls the
25        absentee and early  ballots  delivered  to  the  precinct
26        judges  of election by the election official in charge of
27        the election shall be examined  to  determine  that  such
28        ballots  comply  with  Sections 19-9, 19A-55, and 20-9 of
29        this Code and are entitled to be deposited in the  ballot
30        box;  those  entitled  to  be deposited in the ballot box
31        shall be initialed by the precinct judges of election and
32        deposited in the ballot box.  Those not  entitled  to  be
33        deposited  in  the  ballot box shall be marked "Rejected"
34        and disposed of as provided in Sections 19-9, 19A-55, and
 
                            -40-     LRB093 02619 JAM 02629 b
 1        20-9.  The precinct judges of election  then  shall  open
 2        the  ballot box and canvass the votes polled to determine
 3        that the number of  ballots  agree  with  the  number  of
 4        voters voting as shown by the applications for ballot, or
 5        if  the  same  do  not agree the judges of election shall
 6        make such ballots agree with the applications for  ballot
 7        in  the  manner  provided  by Section 17-18 of this Code.
 8        The judges of  election  shall  then  examine  all  paper
 9        absentee and early ballots and ballot envelopes which are
10        in  the  ballot  box to determine whether the ballots and
11        ballot envelopes bear the initials of a precinct judge of
12        election.  If any ballot  or  ballot    envelope  is  not
13        initialed,  it  shall  be marked on the back "Defective",
14        initialed as to the label by all judges immediately under
15        the word "Defective", and not counted, but placed in  the
16        envelope  provided  for  that  purpose labeled "Defective
17        Ballots Envelope".  The judges of election, consisting in
18        each case of at least one judge of election  of  each  of
19        the  2  major  political parties, shall examine the paper
20        absentee and early ballots which were in the  ballot  box
21        and  properly  initialed  to  determine  whether the same
22        contain write-in votes.  Write-in votes, not  causing  an
23        overvote  for  an office otherwise voted for on the paper
24        absentee or early ballot, and otherwise  properly  voted,
25        shall be counted, tallied and recorded on the tally sheet
26        provided  for  the  record.   A  write-in vote causing an
27        overvote for an office shall  not  be  counted  for  that
28        office,  but  the  precinct  judges  shall mark the paper
29        absentee or early ballot "Objected To" on  the  back  and
30        write  on  its  back the manner the ballot is counted and
31        initial the same.   An  overvote  for  one  office  shall
32        invalidate  only  the  vote  or  count of that particular
33        office.   After  counting,  tallying  and  recording  the
34        write-in votes on absentee and early ballots, the  judges
 
                            -41-     LRB093 02619 JAM 02629 b
 1        of  election,  consisting  in  each  case of at least one
 2        judge of election  of  each  of  the  2  major  political
 3        parties,  shall  make  a  true  duplicate  ballot  of the
 4        remaining valid votes on each paper  absentee  and  early
 5        ballot   which   was  in  the  ballot  box  and  properly
 6        initialed, by using the electronic voting system used  in
 7        the  precinct  and  one  of  the  marking  devices of the
 8        precinct to transfer the remaining  valid  votes  of  the
 9        voter  on  the  paper  absentee  or  early  ballot  to an
10        official ballot  of that kind used  in  the  precinct  at
11        that  election.   The  original  paper  absentee or early
12        ballot shall be  clearly  labeled  "Absentee  Ballot"  or
13        "Early  Ballot",  as  the  case may be, and the ballot so
14        produced "Duplicate Absentee Ballot" or "Duplicate  Early
15        Ballot", as the case may be, and each shall bear the same
16        serial number which shall be placed thereon by the judges
17        of  election,  commencing  with  number  1 and continuing
18        consecutively for  the  ballots  of  that  kind  in  that
19        precinct.   The  judges  of  election  shall  initial the
20        "Duplicate Absentee Ballot" and "Duplicate Early  Ballot"
21        ballots and shall place them in the box for return of the
22        ballots  with  all  other  ballots  to  be counted at the
23        central counting location in lieu of the  paper  absentee
24        and  early  ballots.  The paper absentee ballots shall be
25        placed in an envelope provided for that  purpose  labeled
26        "Duplicate Ballots".
27             In case of an overvote for any office, the judges of
28        election,  consisting  in each case of at least one judge
29        of election of each of the  2  major  political  parties,
30        shall  make  a  true duplicate ballot of all votes on the
31        ballot except for the office which is overvoted, by using
32        the ballot of the precinct and one of the marking devices
33        of the precinct to transfer all votes of the voter except
34        for the office overvoted, to an official ballot  of  that
 
                            -42-     LRB093 02619 JAM 02629 b
 1        kind used in the precinct at that election.  The original
 2        ballot  upon  which there is an overvote shall be clearly
 3        labeled "Overvoted Ballot", and each shall bear the  same
 4        serial number which shall be placed thereon by the judges
 5        of  election,  beginning  with  number  1  and continuing
 6        consecutively for  the  ballots  of  that  kind  in  that
 7        precinct.   The  judges  of  election  shall  initial the
 8        "Duplicate Overvoted Ballot" ballots and shall place them
 9        in the box for return of  the  ballots.   The  "Overvoted
10        Ballot"   ballots  shall  be  placed  in  the  "Duplicate
11        Ballots" envelope.  The ballots except any  defective  or
12        overvoted  ballot  shall  be placed separately in the box
13        for return of the  ballots,  along  with  all  "Duplicate
14        Absentee   Ballots",   "Duplicate   Early  Ballots",  and
15        "Duplicate Overvoted Ballots".  The  judges  of  election
16        shall  examine the ballots to determine if any is damaged
17        or  defective  so  that  it  cannot  be  counted  by  the
18        automatic tabulating equipment.  If any ballot is damaged
19        or defective so that it cannot properly be counted by the
20        automatic tabulating equipment, the judges  of  election,
21        consisting in each case of at least one judge of election
22        of  each  of  the 2 major political parties, shall make a
23        true duplicate ballot of all  votes  on  such  ballot  by
24        using  the  ballot of the precinct and one of the marking
25        devices of the precinct.  The original ballot and  ballot
26        envelope  shall  be  clearly labeled "Damaged Ballot" and
27        the ballot so produced "Duplicate  Damaged  Ballot",  and
28        each  shall  bear  the  same number which shall be placed
29        thereon by the judges of election, commencing with number
30        1 and continuing consecutively for the  ballots  of  that
31        kind  in  the  precinct.   The  judges  of election shall
32        initial the "Duplicate Damaged Ballot" ballot  and  shall
33        place  them  in  the  box for return of the ballots.  The
34        "Damaged  Ballot"  ballots    shall  be  placed  in   the
 
                            -43-     LRB093 02619 JAM 02629 b
 1        "Duplicated  Ballots"  envelope.   A  slip indicating the
 2        number of voters voting in person, number of absentee and
 3        early votes deposited in the ballot box,  and  the  total
 4        number  of  voters  of  the  precinct  who  voted  at the
 5        election shall be made  out,  signed  by  all  judges  of
 6        election,  and  inserted  in  the  box  for return of the
 7        ballots.  The tally sheets recording the  write-in  votes
 8        shall  be  placed  in  this  box.  The judges of election
 9        immediately shall securely lock the ballot box  or  other
10        suitable  box  furnished for return of the ballots by the
11        election official in charge  of  the  election;  provided
12        that  if  the  box is not of a type which may be securely
13        locked, the  box  shall  be  sealed  with  filament  tape
14        provided  for  the  purpose which shall be wrapped around
15        the box lengthwise and crosswise,  at  least  twice  each
16        way.   A  separate  adhesive seal label signed by each of
17        the judges of election of the precinct shall  be  affixed
18        to  the box to cover any slot therein and to identify the
19        box of the precinct;  and  if  the  box  is  sealed  with
20        filament  tape  as provided rather than locked, such tape
21        shall be wrapped around the box as provided, but in  such
22        manner  that  the separate adhesive seal label affixed to
23        the box and signed by  the  judges  may  not  be  removed
24        without  breaking  the  filament  tape and disturbing the
25        signature of the judges.  Two of the judges of  election,
26        of  different  major political parties, shall by the most
27        direct route transport the box for return of the  ballots
28        and  enclosed ballots and returns to the central counting
29        location designated by the election official in charge of
30        the election.   If,  however,  because  of  the  lack  of
31        adequate  parking  facilities  at  the  central  counting
32        location  or  for  any  other reason, it is impossible or
33        impracticable for the boxes from all the  polling  places
34        to   be   delivered  directly  to  the  central  counting
 
                            -44-     LRB093 02619 JAM 02629 b
 1        location, the election official in charge of the election
 2        may designate some other  location  to  which  the  boxes
 3        shall  be  delivered  by the 2 precinct judges.  While at
 4        the other location the boxes shall be  in  the  care  and
 5        custody  of  one  or  more  teams,  each  consisting of 4
 6        persons, 2 from each of the 2  major  political  parties,
 7        designated  for  such purpose by the election official in
 8        charge  of  elections   from   recommendations   by   the
 9        appropriate  political  party  organizations.  As soon as
10        possible, the boxes shall be transported from  the  other
11        location  to the central counting location by one or more
12        teams, each consisting of 4 persons, 2 from each of the 2
13        major political parties, designated for  the  purpose  by
14        the   election  official  in  charge  of  elections  from
15        recommendations  by  the  appropriate   political   party
16        organizations.
17             The  "Defective  Ballots"  envelope, and "Duplicated
18        Ballots" envelope each shall be securely sealed  and  the
19        flap  or  end  of  each  envelope  signed by the precinct
20        judges of election and returned to the  central  counting
21        location with the box for return of the ballots, enclosed
22        ballots and returns.
23             At  the  central  counting location, a team of tally
24        judges designated by the election official in  charge  of
25        the  election shall check the box returned containing the
26        ballots to determine that all seals are intact, and shall
27        open the box, check the  voters'  slip  and  compare  the
28        number  of  ballots so delivered against the total number
29        of voters of the precinct who voted, remove  the  ballots
30        and   deliver  them  to  the  technicians  operating  the
31        automatic  tabulating   equipment.    Any   discrepancies
32        between  the number of ballots and total number of voters
33        shall be noted on a sheet furnished for that purpose  and
34        signed by the tally judges.
 
                            -45-     LRB093 02619 JAM 02629 b
 1             (3)  A  single  ballot  box,  for the deposit of all
 2        votes cast, shall be used.  Immediately after the closing
 3        of the polls the judges of  election  shall  examine  the
 4        absentee  and  early  ballots  received  by  the precinct
 5        judges of election from the election authority of  voters
 6        in  that  precinct to determine that they comply with the
 7        provisions of Sections 19-9, 19A-55, 20-8,  and  20-9  of
 8        this  Code and are entitled to be deposited in the ballot
 9        box; those entitled to be deposited  in  the  ballot  box
10        shall  be  initialed by the precinct judges and deposited
11        in the ballot box.  Those not entitled to be deposited in
12        the ballot box, in accordance with Sections 19-9, 19A-55,
13        20-8, and 20-9 of this Code  shall be  marked  "Rejected"
14        and preserved in the manner provided in this Code for the
15        retention  and  preservation of official ballots rejected
16        at such election.  Immediately upon the completion of the
17        absentee and early  balloting,  the  precinct  judges  of
18        election  shall  securely  lock  the ballot box; provided
19        that if such box is not of a type which may  be  securely
20        locked,  the  box  shall  be  sealed  with  filament tape
21        provided for the purpose which shall  be  wrapped  around
22        the  box  lengthwise  and  crosswise, at least twice each
23        way.  A separate adhesive seal label signed  by  each  of
24        the  judges  of election of the precinct shall be affixed
25        to the box to cover any slot therein and to identify  the
26        box  of  the  precinct;  and  if  the  box is sealed with
27        filament tape as provided rather than locked,  such  tape
28        shall  be  wrapped  around  the box as provided, but in a
29        manner that the separate adhesive seal label  affixed  to
30        the  box  and  signed  by  the  judges may not be removed
31        without breaking the filament  tape  and  disturbing  the
32        signature  of the judges.  Two of the judges of election,
33        of different major political parties, shall by  the  most
34        direct  route transport the box for return of the ballots
 
                            -46-     LRB093 02619 JAM 02629 b
 1        and enclosed absentee and early ballots  and  returns  to
 2        the  central counting location designated by the election
 3        official in charge of the election.  If however,  because
 4        of the lack of adequate parking facilities at the central
 5        counting  location  or  for  some  other  reason,  it  is
 6        impossible  or  impracticable  for the boxes from all the
 7        polling places to be delivered directly  to  the  central
 8        counting location, the election official in charge of the
 9        election  may  designate some other location to which the
10        boxes shall be delivered by the 2 precinct judges.  While
11        at the other location the boxes shall be in the care  and
12        custody  of  one  or  more  teams,  each  consisting of 4
13        persons, 2 from each of the 2  major  political  parties,
14        designated  for  the  purpose by the election official in
15        charge  of  elections   from   recommendations   by   the
16        appropriate  political  party  organizations.  As soon as
17        possible, the boxes shall be transported from  the  other
18        location  to the central counting location by one or more
19        teams, each consisting of 4 persons, 2 from each of the 2
20        major political parties, designated for  the  purpose  by
21        the  election  official  in  charge  of the election from
22        recommendations  by  the  appropriate   political   party
23        organizations.
24             At  the central counting location there shall be one
25        or more teams  of  tally  judges  who  possess  the  same
26        qualifications  as tally judges in election jurisdictions
27        using paper ballots.  The number of the  teams  shall  be
28        determined  by  the  election authority.  Each team shall
29        consist of 5 tally judges, 3 selected and approved by the
30        county board from  a  certified  list  furnished  by  the
31        chairman  of  the  county  central committee of the party
32        with the majority of members on the county  board  and  2
33        selected   and  approved  by  the  county  board  from  a
34        certified list furnished by the chairman  of  the  county
 
                            -47-     LRB093 02619 JAM 02629 b
 1        central  committee  of  the party with the second largest
 2        number of members on the county board.   At  the  central
 3        counting  location  a team of tally judges shall open the
 4        ballot box and canvass the votes polled to determine that
 5        the number of ballot sheets therein agree with the number
 6        of voters voting as shown by the applications for  ballot
 7        and  for  absentee  and early ballot; and, if the same do
 8        not agree, the tally judges shall make such ballots agree
 9        with the number of applications for ballot in the  manner
10        provided by Section 17-18 of this Code.  The tally judges
11        shall  then  examine  all  ballot  sheets that are in the
12        ballot box to determine whether they bear the initials of
13        the precinct judge of election.  If  any  ballot  is  not
14        initialed,  it  shall  be marked on the back "Defective",
15        initialed  as  to  that  label  by   all   tally   judges
16        immediately  under the word "Defective", and not counted,
17        but placed in the  envelope  provided  for  that  purpose
18        labeled  "Defective  Ballots  Envelope".  Write-in votes,
19        not causing an overvote for an office otherwise voted for
20        on the absentee or  early  ballot  sheet,  and  otherwise
21        properly  voted,  shall be counted, tallied, and recorded
22        by the central counting  location  judges  on  the  tally
23        sheet  provided  for the record.  A write-in vote causing
24        an overvote for an office shall not be counted  for  that
25        office,  but  the tally judges shall mark the absentee or
26        early ballot sheet "Objected To" and write the manner  in
27        which  the  ballot is counted on its back and initial the
28        sheet.  An overvote for one office shall invalidate  only
29        the vote or count for that particular office.
30             At  the  central  counting location, a team of tally
31        judges designated by the election official in  charge  of
32        the  election  shall  deliver  the  ballot  sheets to the
33        technicians operating the automatic  Precinct  Tabulation
34        Optical   Scan   Technology  tabulating  equipment.   Any
 
                            -48-     LRB093 02619 JAM 02629 b
 1        discrepancies between the number  of  ballots  and  total
 2        number  of voters shall be noted on a sheet furnished for
 3        that purpose and signed by the tally judges.
 4        (b)  Regardless   of   which   procedure   described   in
 5    subsection (a)  of  this  Section  is  used,  the  judges  of
 6    election  designated to transport the ballots properly signed
 7    and sealed, shall ensure that the ballots  are  delivered  to
 8    the central counting station no later than 12 hours after the
 9    polls  close.   At  the  central  counting station, a team of
10    tally judges designated by the election official in charge of
11    the election shall examine the  ballots  so  transported  and
12    shall  not accept ballots for tabulating which are not signed
13    and sealed as provided in  subsection  (a)  of  this  Section
14    until  the  judges transporting the ballots make and sign the
15    necessary corrections.  Upon acceptance of the ballots  by  a
16    team  of  tally  judges  at the central counting station, the
17    election judges transporting the ballots shall take a receipt
18    signed by the election official in charge of the election and
19    stamped with the date and time of acceptance.   The  election
20    judges  whose  duty  it is to transport any ballots shall, in
21    the event the ballots cannot be found when needed, on  proper
22    request,  produce the receipt which they are to take as above
23    provided.
24    (Source: P.A. 89-394, eff. 1-1-97.)

25        (10 ILCS 5/24B-15.1)
26        Sec.  24B-15.1.    Discovery,   Recounts   and   Election
27    Contests.     Except  as  provided,  discovery  recounts  and
28    election contests shall be conducted  as  otherwise  provided
29    for in  this Code.  The automatic Precinct Tabulation Optical
30    Scan Technology tabulating equipment shall be tested prior to
31    the  discovery  recount  or  election  contest as provided in
32    Section  24B-9,  and  then  the  official  ballots  shall  be
33    recounted  on  the  automatic   tabulating   equipment.    In
 
                            -49-     LRB093 02619 JAM 02629 b
 1    addition,  (a)  the ballots shall be checked for the presence
 2    or absence  of  judges'  initials  and  other  distinguishing
 3    marks,  and  (b)  the ballots marked "Rejected", "Defective",
 4    "Objected To", "Early Ballot", and "Absentee Ballot" shall be
 5    examined to determine the propriety of the  labels,  and  (c)
 6    the  "Duplicate Absentee Ballots", "Duplicate Early Ballots",
 7    "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots"
 8    shall  be  compared  with  their  respective   originals   to
 9    determine the correctness of the duplicates.
10        Any person who has filed a petition for discovery recount
11    may  request  that  a  redundant  count be conducted in those
12    precincts in which the discovery recount is being  conducted.
13    The  additional  costs of a redundant count shall be borne by
14    the requesting party.
15        The log  of  the  computer  operator  and  all  materials
16    retained  by  the  election  authority  in  relation  to vote
17    tabulation and  canvass  shall  be  made  available  for  any
18    discovery recount or election contest.
19    (Source: P.A. 89-394, eff. 1-1-97.)

20        Section  90.  The State Mandates Act is amended by adding
21    Section 8.27 as follows:

22        (30 ILCS 805/8.27 new)
23        Sec. 8.27.  Exempt mandate.  Notwithstanding  Sections  6
24    and  8 of this Act, no reimbursement by the State is required
25    for  the  implementation  of  any  mandate  created  by  this
26    amendatory Act of the 93rd General Assembly.