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093_SB1803eng
SB1803 Engrossed SRS093 00057 PLM 00057 b
1 AN ACT in relation to 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 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55,
6 7-66, 15-6, 16-11, 17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7,
7 19-8, 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2,
8 20-7, 20-8, 20-9, and 20-15 and by adding Article 24C as
9 follows:
10 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
11 Sec. 7-19. Arrangement and printing of primary ballot.
12 The primary ballot of each political party for each precinct
13 shall be arranged and printed substantially in the manner
14 following:
15 1. Designating words. At the top of the ballot shall be
16 printed in large capital letters, words designating the
17 ballot, if a Republican ballot, the designating words shall
18 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
19 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
20 in like manner for each political party.
21 2. Order of Names, Directions to Voters, etc. Beginning
22 not less than one inch below designating words, the name of
23 each office to be filled shall be printed in capital letters.
24 Such names may be printed on the ballot either in a single
25 column or in 2 or more columns and in the following order,
26 to-wit:
27 President of the United States, State offices,
28 congressional offices, delegates and alternate delegates to
29 be elected from the State at large to National nominating
30 conventions, delegates and alternate delegates to be elected
31 from congressional districts to National nominating
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1 conventions, member or members of the State central
2 committee, trustees of sanitary districts, county offices,
3 judicial officers, city, village and incorporated town
4 offices, town offices, or of such of the said offices as
5 candidates are to be nominated for at such primary, and
6 precinct, township or ward committeemen. If two or more
7 columns are used, the foregoing offices to and including
8 member of the State central committee shall be listed in the
9 left-hand column and Senatorial offices, as defined in
10 Section 8-3, shall be the first offices listed in the second
11 column.
12 Below the name of each office shall be printed in small
13 letters the directions to voters: "Vote for one"; "Vote for
14 two"; "Vote for three"; or a spelled number designating how
15 many persons under that head are to be voted for.
16 Next to the name of each candidate for delegate or
17 alternate delegate to a national nominating convention shall
18 appear either (a) the name of the candidate's preference for
19 President of the United States or the word "uncommitted" or
20 (b) no official designation, depending upon the action taken
21 by the State central committee pursuant to Section 7-10.3 of
22 this Act.
23 Below the name of each office shall be printed in capital
24 letters the names of all candidates, arranged in the order in
25 which their petitions for nominations were filed, except as
26 otherwise provided in Sections 7-14 and 7-17 of this Article.
27 Opposite and in front of the name of each candidate shall be
28 printed a square and all squares upon the primary ballot
29 shall be of uniform size. Spaces between the names of
30 candidates under each office shall be uniform and sufficient
31 spaces shall separate the names of candidates for one office
32 from the names of candidates for another office, to avoid
33 confusion and to permit the writing in of the names of other
34 candidates.
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1 Where voting machines,or electronic voting systems, or
2 Direct Recording Electronic Voting Systems are used, the
3 provisions of this ArticleSection may be modified as
4 required or authorized by Article 24,or Article 24A, or
5 Article 24C, whichever is applicable.
6 (Source: P.A. 83-33.)
7 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
8 Sec. 7-46. Voting of ballot; writing in names. On
9 receiving from the primary judges a primary ballot of his
10 party, the primary elector shall forthwith and without
11 leaving the polling place, retire alone to one of the voting
12 booths and prepare such primary ballot by marking a cross (X)
13 in the square in front of and opposite the name of each
14 candidate of his choice for each office to be filled, and for
15 delegates and alternate delegates to national nominating
16 conventions, and for committeemen, if committeemen are being
17 elected at such primary.
18 Any primary elector may, instead of voting for any
19 candidate for nomination or for committeeman or for delegate
20 or alternate delegate to national nominating conventions,
21 whose name is printed on the primary ballot, write in the
22 name of any other person affiliated with such party as a
23 candidate for the nomination for any office, or for
24 committeeman, or for delegates or alternate delegates to
25 national nominating conventions, and indicate his choice of
26 such candidate or committeeman or delegate or alternate
27 delegate, by placing to the left of and opposite the name
28 thus written a square and placing in the square a cross (X).
29 Where voting machines,or electronic voting systems, or
30 Direct Recording Electronic Voting Systems are used, the
31 provisions of this Articlesection may be modified as
32 required or authorized by Article 24,or Article 24A, or
33 Article 24C, whichever is applicable.
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1 (Source: Laws 1965, p. 2220.)
2 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
3 Sec. 7-47. Folding and delivery of ballot; entry in poll
4 book. Before leaving the booth, the primary elector shall
5 fold his primary ballot in such manner as to conceal the
6 marks thereon. Such voter shall then vote forthwith by
7 handing the primary judge the primary ballot received by such
8 voter. Thereupon the primary judge shall deposit such primary
9 ballot in the ballot box. One of the judges shall thereupon
10 enter in the primary poll book the name of the primary
11 elector, his residence and his party affiliation or shall
12 make the entries on the official poll record as required by
13 articles 4, 5 and 6, if any one of them is applicable.
14 Where voting machines,or electronic voting systems, or
15 Direct Recording Electronic Voting Systems are used, the
16 provisions of this Articlesection may be modified as
17 required or authorized by Article 24,or Article 24A, or
18 Article 24C, whichever is applicable.
19 (Source: Laws 1965, p. 2220.)
20 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
21 Sec. 7-49. No adjournment or recess after opening of
22 polls. After the opening of the polls at a primary no
23 adjournment shall be had nor recess taken until the canvass
24 of all the votes is completed and the returns carefully
25 enveloped and sealed.
26 Where voting machines,or electronic voting systems, or
27 Direct Recording Electronic Voting Systems are used, the
28 provisions of this Articlesection may be modified as
29 required or authorized by Article 24,or Article 24A, or
30 Article 24C, whichever is applicable.
31 (Source: Laws 1965, p. 2220.)
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1 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
2 Sec. 7-52. Precinct canvass of votes. Immediately upon
3 closing the polls, the primary judges shall proceed to
4 canvass the votes in the manner following:
5 (1) They shall separate and count the ballots of each
6 political party.
7 (2) They shall then proceed to ascertain the number of
8 names entered on the applications for ballot under each party
9 affiliation.
10 (3) If the primary ballots of any political party exceed
11 the number of applications for ballot by voters of such
12 political party, the primary ballots of such political party
13 shall be folded and replaced in the ballot box, the box
14 closed, well shaken and again opened and one of the primary
15 judges, who shall be blindfolded, shall draw out so many of
16 the primary ballots of such political party as shall be equal
17 to such excess. Such excess ballots shall be marked
18 "Excess-Not Counted" and signed by a majority of the judges
19 and shall be placed in the "After 6:00 p.m. Defective Ballots
20 Envelope". The number of excess ballots shall be noted in the
21 remarks section of the Certificate of Results. "Excess"
22 ballots shall not be counted in the total of "defective"
23 ballots;
24 (4) The primary judges shall then proceed to count the
25 primary ballots of each political party separately; and as
26 the primary judges shall open and read the primary ballots, 3
27 of the judges shall carefully and correctly mark upon
28 separate tally sheets the votes which each candidate of the
29 party whose name is written or printed on the primary ballot
30 has received, in a separate column for that purpose, with the
31 name of such candidate, the name of his political party and
32 the name of the office for which he is a candidate for
33 nomination at the head of such column.
34 Where voting machines,or electronic voting systems, or
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1 Direct Recording Electronic Voting Systems are used, the
2 provisions of this Articlesection may be modified as
3 required or authorized by Article 24,or Article 24A, or
4 Article 24C, whichever is applicable.
5 (Source: P.A. 80-484.)
6 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
7 Sec. 7-53. Tally sheets; certificate of results. As
8 soon as the ballots of a political party shall have been read
9 and the votes of the political party counted, as provided in
10 the last above Section, the 3 judges in charge of the tally
11 sheets shall foot up the tally sheets so as to show the total
12 number of votes cast for each candidate of the political
13 party and for each candidate for State Central committeeman
14 and precinct committeeman, township committeeman or ward
15 committeeman, and delegate and alternate delegate to National
16 nominating conventions, and certify the same to be correct.
17 Thereupon, the primary judges shall set down in a certificate
18 of results on the tally sheet, under the name of the
19 political party, the name of each candidate voted for upon
20 the primary ballot, written at full length, the name of the
21 office for which he is a candidate for nomination or for
22 committeeman, or delegate or alternate delegate to National
23 nominating conventions, the total number of votes which the
24 candidate received, and they shall also set down the total
25 number of ballots voted by the primary electors of the
26 political party in the precinct. The certificate of results
27 shall be made substantially in the following form:
28 ................ Party
29 At the primary election held in the .... precinct of the
30 (1) *township of ...., or (2) *City of ...., or (3) *....
31 ward in the city of .... on (insert date), the primary
32 electors of the .... party voted .... ballots, and the
33 respective candidates whose names were written or printed on
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1 the primary ballot of the .... party, received respectively
2 the following votes:
3 Name of No. of
4 Candidate, Title of Office, Votes
5 John Jones Governor 100
6 Sam Smith Governor 70
7 Frank Martin Attorney General 150
8 William Preston Rep. in Congress 200
9 Frederick John Circuit Judge 50
10 *Fill in either (1), (2) or (3).
11 And so on for each candidate.
12 We hereby certify the above and foregoing to be true and
13 correct.
14 Dated (insert date).
15 ...................................
16 Name Address
17 ...................................
18 Name Address
19 ...................................
20 Name Address
21 ...................................
22 Name Address
23 ...................................
24 Name Address
25 Judges of Primary
26 Where voting machines,or electronic voting systems, or
27 Direct Recording Electronic Voting Systems are used, the
28 provisions of this ArticleSection may be modified as
29 required or authorized by Article 24,and Article 24A, or
30 Article 24C, whichever is applicable.
31 (Source: P.A. 91-357, eff. 7-29-99.)
32 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
33 Sec. 7-54. Binding and sealing ballots; report of
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1 results. After the votes of a political party have been
2 counted and set down and the tally sheets footed and the
3 entry made in the primary poll books or return, as above
4 provided, all the primary ballots of said political party,
5 except those marked "defective" or "objected to" shall be
6 securely bound, lengthwise and in width, with a soft cord
7 having a minimum tensile strength of 60 pounds separately for
8 each political party in the order in which said primary
9 ballots have been read, and shall thereupon be carefully
10 sealed in an envelope, which envelope shall be endorsed as
11 follows:
12 "Primary ballots of the.... party of the.... precinct of
13 the county of.... and State of Illinois."
14 Below each endorsement, each primary judge shall write
15 his name.
16 Immediately thereafter the judges shall designate one of
17 their number to go to the nearest telephone and report to the
18 office of the county clerk or board of election commissioners
19 (as the case may be) the results of such primary. Such clerk
20 or board shall keep his or its office open after the close of
21 the polls until he or it has received from each precinct
22 under his or its jurisdiction the report above provided for.
23 Immediately upon receiving such report such clerk or board
24 shall cause the same to be posted in a public place in his or
25 its office for inspection by the public. Immediately after
26 making such report such judge shall return to the polling
27 place.
28 Where voting machines,or electronic voting systems, or
29 Direct Recording Electronic Voting Systems are used, the
30 provisions of this Articlesection may be modified as
31 required or authorized by Article 24,or Article 24A, or
32 Article 24C, whichever is applicable.
33 (Source: P.A. 81-1433.)
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1 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
2 Sec. 7-55. Delivery and acceptance of election
3 materials. The primary poll books or the official poll
4 record, and the tally sheets with the certificates of the
5 primary judges written thereon, together with the envelopes
6 containing the ballots, including the envelope containing the
7 ballots marked "defective" or "objected to", shall be
8 carefully enveloped and sealed up together, properly
9 endorsed, and the primary judges shall elect 2 judges (one
10 from each of the major political parties), who shall
11 immediately deliver the same to the clerk from whom the
12 primary ballots were obtained, which clerk shall safely keep
13 the same for 2 months, and thereafter shall safely keep the
14 poll books until the next primary. Each election authority
15 shall keep the office of the election authority, or any
16 receiving stations designated by such authority, open for at
17 least 12 consecutive hours after the polls close, or until
18 the judges of each precinct under the jurisdiction of the
19 election authority have delivered to the election authority
20 all the above materials sealed up together and properly
21 endorsed as provided herein. Materials delivered to the
22 election authority which are not in the condition required by
23 this Section shall not be accepted by the election authority
24 until the judges delivering the same make and sign the
25 necessary corrections. Upon acceptance of the materials by
26 the election authority, the judges delivering the same shall
27 take a receipt signed by the election authority and stamped
28 with the time and date of such delivery. The election judges
29 whose duty it is to deliver any materials as above provided
30 shall, in the event such materials cannot be found when
31 needed, on proper request, produce the receipt which they are
32 to take as above provided.
33 The county clerk or board of election commissioners shall
34 deliver a copy of each tally sheet to the county chairmen of
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1 the two largest political parties.
2 Where voting machines,or electronic voting systems, or
3 Direct Recording Electronic Voting Systems are used, the
4 provisions of this Articlesection may be modified as
5 required or authorized by Article 24,and Article 24A, or
6 Article 24C, whichever is applicable.
7 (Source: P.A. 83-764.)
8 (10 ILCS 5/7-66)
9 Sec. 7-66. Precinct tabulation optical scan technology
10 voting equipment and direct recording electronic voting
11 systems equipment.
12 If the election authority has adopted the use of Precinct
13 Tabulation Optical Scan Technology voting equipment pursuant
14 to Article 24B of this Code or Direct Recording Electronic
15 Voting Systems equipment under Article 24C of this Code, and
16 the provisions of those Articlesthe Article are in conflict
17 with the provisions of this Article 7, the provisions of
18 Article 24B or Article 24C, as the case may be, shall govern
19 the procedures followed by the election authority, its judges
20 of elections, and all employees and agents. In following the
21 provisions of Article 24B or Article 24C, the election
22 authority is authorized to develop and implement procedures
23 to fully utilize Precinct Tabulation Optical Scan Technology
24 voting equipment or Direct Recording Electronic Voting
25 Systems equipment authorized by the State Board of Elections
26 as long as the procedure is not in conflict with either
27 Article 24B, Article 24C, or the administrative rules of the
28 State Board of Elections.
29 (Source: P.A. 89-394, eff. 1-1-97.)
30 (10 ILCS 5/15-6)
31 Sec. 15-6. Precinct tabulation optical scan technology
32 voting equipment and direct recording electronic voting
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1 systems equipment.
2 If the election authority has adopted the use of Precinct
3 Tabulation Optical Scan Technology voting equipment pursuant
4 to Article 24B of this Code or Direct Recording Electronic
5 Voting Systems equipment under Article 24C of this Code, and
6 the provisions of those Articlesthe Article are in conflict
7 with the provisions of this Article 15, the provisions of
8 Article 24B or Article 24C, as the case may be, shall govern
9 the procedures followed by the election authority, its judges
10 of elections, and all employees and agents. In following the
11 provisions of Article 24B or Article 24C, the election
12 authority is authorized to develop and implement procedures
13 to fully utilize Precinct Tabulation Optical Scan Technology
14 voting equipment or Direct Recording Electronic Voting
15 Systems equipment authorized by the State Board of Elections
16 as long as the procedure is not in conflict with either
17 Article 24B, Article 24C, or the administrative rules of the
18 State Board of Elections.
19 (Source: P.A. 89-394, eff. 1-1-97.)
20 (10 ILCS 5/16-11)
21 Sec. 16-11. Precinct tabulation optical scan technology
22 voting equipment and direct recording electronic voting
23 systems equipment.
24 If the election authority has adopted the use of Precinct
25 Tabulation Optical Scan Technology voting equipment pursuant
26 to Article 24B of this Code or Direct Recording Electronic
27 Voting Systems equipment under Article 24C of this Code, and
28 the provisions of those Articlesthe Article are in conflict
29 with the provisions of this Article 16, the provisions of
30 Article 24B or Article 24C, as the case may be, shall govern
31 the procedures followed by the election authority, its judges
32 of elections, and all employees and agents. In following the
33 provisions of Article 24B or Article 24C, the election
SB1803 Engrossed -12- SRS093 00057 PLM 00057 b
1 authority is authorized to develop and implement procedures
2 to fully utilize Precinct Tabulation Optical Scan Technology
3 voting equipment or Direct Recording Electronic Voting
4 Systems equipment authorized by the State Board of Elections
5 as long as the procedure is not in conflict with either
6 Article 24B, Article 24C, or the administrative rules of the
7 State Board of Elections.
8 (Source: P.A. 89-394, eff. 1-1-97.)
9 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
10 Sec. 17-9. Any person desiring to vote shall give his
11 name and, if required to do so, his residence to the judges
12 of election, one of whom shall thereupon announce the same in
13 a loud and distinct tone of voice, clear, and audible; the
14 judges of elections shall check each application for ballot
15 against the list of voters registered in that precinct to
16 whom absentee ballots have been issued for that election,
17 which shall be provided by the election authority and which
18 list shall be available for inspection by pollwatchers. A
19 voter applying to vote in the precinct on election day whose
20 name appears on the list as having been issued an absentee
21 ballot shall not be permitted to vote in the precinct unless
22 that voter submits to the judges of election, for
23 cancellation or revocation, his absentee ballot. In the case
24 that the voter's absentee ballot is not present in the
25 polling place, it shall be sufficient for any such voter to
26 submit to the judges of election in lieu of his absentee
27 ballot, either a portion of such ballot if torn or mutilated,
28 or an affidavit executed before the judges of election
29 specifying that the voter never received an absentee ballot,
30 or an affidavit executed before the judges of election
31 specifying that the voter desires to cancel or revoke any
32 absentee ballot that may have been cast in the voter's name.
33 All applicable provisions of Articles 4, 5 or 6 shall be
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1 complied with and if such name is found on the register of
2 voters by the officer having charge thereof, he shall
3 likewise repeat said name, and the voter shall be allowed to
4 enter within the proximity of the voting booths, as above
5 provided. One of the judges shall give the voter one, and
6 only one of each ballot to be voted at the election, on the
7 back of which ballots such judge shall indorse his initials
8 in such manner that they may be seen when each such ballot is
9 properly folded, and the voter's name shall be immediately
10 checked on the register list. In those election jurisdictions
11 where perforated ballot cards are utilized of the type on
12 which write-in votes can be cast above the perforation, the
13 election authority shall provide a space both above and below
14 the perforation for the judge's initials, and the judge shall
15 endorse his or her initials in both spaces. Whenever a
16 proposal for a constitutional amendment or for the calling of
17 a constitutional convention is to be voted upon at the
18 election, the separate blue ballot or ballots pertaining
19 thereto shall, when being handed to the voter, be placed on
20 top of the other ballots to be voted at the election in such
21 manner that the legend appearing on the back thereof, as
22 prescribed in Section 16-6 of this Act, shall be plainly
23 visible to the voter. At all elections, when a registry may
24 be required, if the name of any person so desiring to vote at
25 such election is not found on the register of voters, he or
26 she shall not receive a ballot until he or she shall have
27 complied with the law prescribing the manner and conditions
28 of voting by unregistered voters. If any person desiring to
29 vote at any election shall be challenged, he or she shall not
30 receive a ballot until he or she shall have established his
31 right to vote in the manner provided hereinafter; and if he
32 or she shall be challenged after he has received his ballot,
33 he shall not be permitted to vote until he or she has fully
34 complied with such requirements of the law upon being
SB1803 Engrossed -14- SRS093 00057 PLM 00057 b
1 challenged. Besides the election officer, not more than 2
2 voters in excess of the whole number of voting booths
3 provided shall be allowed within the proximity of the voting
4 booths at one time. The provisions of this Act, so far as
5 they require the registration of voters as a condition to
6 their being allowed to vote shall not apply to persons
7 otherwise entitled to vote, who are, at the time of the
8 election, or at any time within 60 days prior to such
9 election have been engaged in the military or naval service
10 of the United States, and who appear personally at the
11 polling place on election day and produce to the judges of
12 election satisfactory evidence thereof, but such persons, if
13 otherwise qualified to vote, shall be permitted to vote at
14 such election without previous registration.
15 All such persons shall also make an affidavit which shall
16 be in substantially the following form:
17 State of Illinois,)
18 ) ss.
19 County of ........)
20 ............... Precinct .......... Ward
21 I, ...., do solemnly swear (or affirm) that I am a
22 citizen of the United States, of the age of 18 years or over,
23 and that within the past 60 days prior to the date of this
24 election at which I am applying to vote, I have been engaged
25 in the .... (military or naval) service of the United States;
26 and I am qualified to vote under and by virtue of the
27 Constitution and laws of the State of Illinois, and that I am
28 a legally qualified voter of this precinct and ward except
29 that I have, because of such service, been unable to register
30 as a voter; that I now reside at .... (insert street and
31 number, if any) in this precinct and ward; that I have
32 maintained a legal residence in this precinct and ward for 30
33 days and in this State 30 days next preceding this election.
34 .........................
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1 Subscribed and sworn to before me on (insert date).
2 .........................
3 Judge of Election.
4 The affidavit of any such person shall be supported by
5 the affidavit of a resident and qualified voter of any such
6 precinct and ward, which affidavit shall be in substantially
7 the following form:
8 State of Illinois,)
9 ) ss.
10 County of ........)
11 ........... Precinct ........... Ward
12 I, ...., do solemnly swear (or affirm), that I am a
13 resident of this precinct and ward and entitled to vote at
14 this election; that I am acquainted with .... (name of the
15 applicant); that I verily believe him to be an actual bona
16 fide resident of this precinct and ward and that I verily
17 believe that he or she has maintained a legal residence
18 therein 30 days and in this State 30 days next preceding this
19 election.
20 .........................
21 Subscribed and sworn to before me on (insert date).
22 .........................
23 Judge of Election.
24 All affidavits made under the provisions of this Section
25 shall be enclosed in a separate envelope securely sealed, and
26 shall be transmitted with the returns of the elections to the
27 county clerk or to the board of election commissioners, who
28 shall preserve the said affidavits for the period of 6
29 months, during which period such affidavits shall be deemed
30 public records and shall be freely open to examination as
31 such.
32 (Source: P.A. 91-357, eff. 7-29-99.)
SB1803 Engrossed -16- SRS093 00057 PLM 00057 b
1 (10 ILCS 5/17-43)
2 Sec. 17-43. Precinct tabulation optical scan technology
3 voting equipment and direct recording electronic voting
4 systems equipment.
5 If the election authority has adopted the use of Precinct
6 Tabulation Optical Scan Technology voting equipment pursuant
7 to Article 24B of this Code or Direct Recording Electronic
8 Voting Systems equipment under Article 24C of this Code, and
9 the provisions of those Articlesthe Article are in conflict
10 with the provisions of this Article 17, the provisions of
11 Article 24B or Article 24C, as the case may be, shall govern
12 the procedures followed by the election authority, its judges
13 of elections, and all employees and agents. In following the
14 provisions of Article 24B or Article 24C, the election
15 authority is authorized to develop and implement procedures
16 to fully utilize Precinct Tabulation Optical Scan Technology
17 voting equipment or Direct Recording Electronic Voting
18 Systems equipment authorized by the State Board of Elections
19 as long as the procedure is not in conflict with either
20 Article 24B, Article 24C, or the administrative rules of the
21 State Board of Elections.
22 (Source: P.A. 89-394, eff. 1-1-97.)
23 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
24 Sec. 18-5. Questioning of person desiring to vote;
25 receipt of ballots. Any person desiring to vote and whose
26 name is found upon the register of voters by the person
27 having charge thereof, shall then be questioned by one of the
28 judges as to his nativity, his term of residence at present
29 address, precinct, State and United States, his age, whether
30 naturalized and if so the date of naturalization papers and
31 court from which secured, and he shall be asked to state his
32 residence when last previously registered and the date of the
33 election for which he then registered. The judges of
SB1803 Engrossed -17- SRS093 00057 PLM 00057 b
1 elections shall check each application for ballot against the
2 list of voters registered in that precinct to whom absentee
3 ballots have been issued for that election, which shall be
4 provided by the election authority and which list shall be
5 available for inspection by pollwatchers. A voter applying to
6 vote in the precinct on election day whose name appears on
7 the list as having been issued an absentee ballot shall not
8 be permitted to vote in the precinct unless that voter
9 submits to the judges of election, for cancellation or
10 revocation, his absentee ballot. In the case that the
11 voter's absentee ballot is not present in the polling place,
12 it shall be sufficient for any such voter to submit to the
13 judges of election in lieu of his absentee ballot, either a
14 portion of such ballot if torn or mutilated, or an affidavit
15 executed before the judges of election specifying that the
16 voter never received an absentee ballot, or an affidavit
17 executed before the judges of election specifying that the
18 voter desires to cancel or revoke any absentee ballot that
19 may have been cast in the voter's name. If such person so
20 registered shall be challenged as disqualified, the party
21 challenging shall assign his reasons therefor, and thereupon
22 one of the judges shall administer to him an oath to answer
23 questions, and if he shall take the oath he shall then be
24 questioned by the judge or judges touching such cause of
25 challenge, and touching any other cause of disqualification.
26 And he may also be questioned by the person challenging him
27 in regard to his qualifications and identity. But if a
28 majority of the judges are of the opinion that he is the
29 person so registered and a qualified voter, his vote shall
30 then be received accordingly. But if his vote be rejected by
31 such judges, such person may afterward produce and deliver an
32 affidavit to such judges, subscribed and sworn to by him
33 before one of the judges, in which it shall be stated how
34 long he has resided in such precinct, and state; that he is a
SB1803 Engrossed -18- SRS093 00057 PLM 00057 b
1 citizen of the United States, and is a duly qualified voter
2 in such precinct, and that he is the identical person so
3 registered. In addition to such an affidavit, the person so
4 challenged shall provide to the judges of election proof of
5 residence by producing 2 forms of identification showing the
6 person's current residence address, provided that such
7 identification to the person at his current residence address
8 and postmarked not earlier than 30 days prior to the date of
9 the election, or the person shall procure a witness
10 personally known to the judges of election, and resident in
11 the precinct (or district), or who shall be proved by some
12 legal voter of such precinct or district, known to the judges
13 to be such, who shall take the oath following, viz:
14 I do solemnly swear (or affirm) that I am a resident of
15 this election precinct (or district), and entitled to vote at
16 this election, and that I have been a resident of this State
17 for 30 days last past, and am well acquainted with the person
18 whose vote is now offered; that he is an actual and bona fide
19 resident of this election precinct (or district), and has
20 resided herein 30 days, and as I verily believe, in this
21 State, 30 days next preceding this election.
22 The oath in each case may be administered by one of the
23 judges of election, or by any officer, resident in the
24 precinct or district, authorized by law to administer oaths.
25 Also supported by an affidavit by a registered voter residing
26 in such precinct, stating his own residence, and that he
27 knows such person; and that he does reside at the place
28 mentioned and has resided in such precinct and state for the
29 length of time as stated by such person, which shall be
30 subscribed and sworn to in the same way. Whereupon the vote
31 of such person shall be received, and entered as other votes.
32 But such judges, having charge of such registers, shall state
33 in their respective books the facts in such case, and the
34 affidavits, so delivered to the judges, shall be preserved
SB1803 Engrossed -19- SRS093 00057 PLM 00057 b
1 and returned to the office of the commissioners of election.
2 Blank affidavits of the character aforesaid shall be sent out
3 to the judges of all the precincts, and the judges of
4 election shall furnish the same on demand and administer the
5 oaths without criticism. Such oaths, if administered by any
6 other officer than such judge of election, shall not be
7 received. Whenever a proposal for a constitutional amendment
8 or for the calling of a constitutional convention is to be
9 voted upon at the election, the separate blue ballot or
10 ballots pertaining thereto shall be placed on top of the
11 other ballots to be voted at the election in such manner that
12 the legend appearing on the back thereof, as prescribed in
13 Section 16-6 of this Act, shall be plainly visible to the
14 voter, and in this fashion the ballots shall be handed to the
15 voter by the judge.
16 The voter shall, upon quitting the voting booth, deliver
17 to one of the judges of election all of the ballots, properly
18 folded, which he received. The judge of election to whom the
19 voter delivers his ballots shall not accept the same unless
20 all of the ballots given to the voter are returned by him. If
21 a voter delivers less than all of the ballots given to him,
22 the judge to whom the same are offered shall advise him in a
23 voice clearly audible to the other judges of election that
24 the voter must return the remainder of the ballots. The
25 statement of the judge to the voter shall clearly express the
26 fact that the voter is not required to vote such remaining
27 ballots but that whether or not he votes them he must fold
28 and deliver them to the judge. In making such statement the
29 judge of election shall not indicate by word, gesture or
30 intonation of voice that the unreturned ballots shall be
31 voted in any particular manner. No new voter shall be
32 permitted to enter the voting booth of a voter who has failed
33 to deliver the total number of ballots received by him until
34 such voter has returned to the voting booth pursuant to the
SB1803 Engrossed -20- SRS093 00057 PLM 00057 b
1 judge's request and again quit the booth with all of the
2 ballots required to be returned by him. Upon receipt of all
3 such ballots the judges of election shall enter the name of
4 the voter, and his number, as above provided in this section,
5 and the judge to whom the ballots are delivered shall
6 immediately put the ballots into the ballot box. If any voter
7 who has failed to deliver all the ballots received by him
8 refuses to return to the voting booth after being advised by
9 the judge of election as herein provided, the judge shall
10 inform the other judges of such refusal, and thereupon the
11 ballot or ballots returned to the judge shall be deposited in
12 the ballot box, the voter shall be permitted to depart from
13 the polling place, and a new voter shall be permitted to
14 enter the voting booth.
15 The judge of election who receives the ballot or ballots
16 from the voter shall announce the residence and name of such
17 voter in a loud voice. The judge shall put the ballot or
18 ballots received from the voter into the ballot box in the
19 presence of the voter and the judges of election, and in
20 plain view of the public. The judges having charge of such
21 registers shall then, in a column prepared thereon, in the
22 same line of, the name of the voter, mark "Voted" or the
23 letter "V".
24 No judge of election shall accept from any voter less
25 than the full number of ballots received by such voter
26 without first advising the voter in the manner above provided
27 of the necessity of returning all of the ballots, nor shall
28 any such judge advise such voter in a manner contrary to that
29 which is herein permitted, or in any other manner violate the
30 provisions of this section; provided, that the acceptance by
31 a judge of election of less than the full number of ballots
32 delivered to a voter who refuses to return to the voting
33 booth after being properly advised by such judge shall not be
34 a violation of this Section.
SB1803 Engrossed -21- SRS093 00057 PLM 00057 b
1 (Source: P.A. 89-653, eff. 8-14-96.)
2 (10 ILCS 5/18-40)
3 Sec. 18-40. Precinct tabulation optical scan technology
4 voting equipment and direct recording electronic voting
5 systems equipment.
6 If the election authority has adopted the use of Precinct
7 Tabulation Optical Scan Technology voting equipment pursuant
8 to Article 24B of this Code or Direct Recording Electronic
9 Voting Systems equipment under Article 24C, and the
10 provisions of those Articlesthe Article are in conflict with
11 the provisions of this Article 18, the provisions of Article
12 24B or Article 24C, as the case may be, shall govern the
13 procedures followed by the election authority, its judges of
14 elections, and all employees and agents. In following the
15 provisions of Article 24B or Article 24C, the election
16 authority is authorized to develop and implement procedures
17 to fully utilize Precinct Tabulation Optical Scan Technology
18 voting equipment or Direct Recording Electronic Voting
19 Systems equipment authorized by the State Board of Elections
20 as long as the procedure is not in conflict with either
21 Article 24B, Article 24C, or the administrative rules of the
22 State Board of Elections.
23 (Source: P.A. 89-394, eff. 1-1-97.)
24 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
25 Sec. 19-2.1. At the consolidated primary, general
26 primary, consolidated, and general elections, electors
27 entitled to vote by absentee ballot under the provisions of
28 Section 19-1 may vote in person at the office of the
29 municipal clerk, if the elector is a resident of a
30 municipality not having a board of election commissioners, or
31 at the office of the township clerk or, in counties not under
32 township organization, at the office of the road district
SB1803 Engrossed -22- SRS093 00057 PLM 00057 b
1 clerk if the elector is not a resident of a municipality;
2 provided, in each case that the municipal, township or road
3 district clerk, as the case may be, is authorized to conduct
4 in-person absentee voting pursuant to this Section. Absentee
5 voting in such municipal and township clerk's offices under
6 this Section shall be conducted from the 22nd day through the
7 day before the election.
8 Municipal and township clerks (or road district clerks)
9 who have regularly scheduled working hours at regularly
10 designated offices other than a place of residence and whose
11 offices are open for business during the same hours as the
12 office of the election authority shall conduct in-person
13 absentee voting for said elections. Municipal and township
14 clerks (or road district clerks) who have no regularly
15 scheduled working hours but who have regularly designated
16 offices other than a place of residence shall conduct
17 in-person absentee voting for said elections during the hours
18 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
19 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
20 during such hours as the office of the election authority is
21 closed, unless the clerk files a written waiver with the
22 election authority not later than July 1 of each year stating
23 that he or she is unable to conduct such voting and the
24 reasons therefor. Such clerks who conduct in-person absentee
25 voting may extend their hours for that purpose to include any
26 hours in which the election authority's office is open.
27 Municipal and township clerks (or road district clerks) who
28 have no regularly scheduled office hours and no regularly
29 designated offices other than a place of residence may not
30 conduct in-person absentee voting for said elections. The
31 election authority may devise alternative methods for
32 in-person absentee voting before said elections for those
33 precincts located within the territorial area of a
34 municipality or township (or road district) wherein the clerk
SB1803 Engrossed -23- SRS093 00057 PLM 00057 b
1 of such municipality or township (or road district) has
2 waived or is not entitled to conduct such voting. In
3 addition, electors may vote by absentee ballot under the
4 provisions of Section 19-1 at the office of the election
5 authority having jurisdiction over their residence.
6 In conducting absentee voting under this Section, the
7 respective clerks shall not be required to verify the
8 signature of the absentee voter by comparison with the
9 signature on the official registration record card. However,
10 the clerk shall reasonably ascertain the identity of such
11 applicant, shall verify that each such applicant is a
12 registered voter, and shall verify the precinct in which he
13 or she is registered and the proper ballots of the political
14 subdivisions in which the applicant resides and is entitled
15 to vote, prior to providing any absentee ballot to such
16 applicant. The clerk shall verify the applicant's
17 registration and from the most recent poll list provided by
18 the county clerk, and if the applicant is not listed on that
19 poll list then by telephoning the office of the county clerk.
20 Absentee voting procedures in the office of the
21 municipal, township and road district clerks shall be subject
22 to all of the applicable provisions of this Article 19.
23 Pollwatchers may be appointed to observe in-person absentee
24 voting procedures at the office of the municipal, township or
25 road district clerks' offices where such absentee voting is
26 conducted. Such pollwatchers shall qualify and be appointed
27 in the same manner as provided in Sections 7-34 and 17-23,
28 except each candidate, political party or organization of
29 citizens may appoint only one pollwatcher for each location
30 where in-person absentee voting is conducted. Pollwatchers
31 shall be residents of the county and possess valid
32 pollwatcher credentials. All requirements in this Article
33 applicable to election authorities shall apply to the
34 respective local clerks, except where inconsistent with this
SB1803 Engrossed -24- SRS093 00057 PLM 00057 b
1 Section.
2 In election jurisdictions that deliver absentee ballots
3 to the polling place to be counted by the precinct judges on
4 election day, the sealed absentee ballots in their carrier
5 envelope shall be delivered by the respective clerks, or by
6 the election authority on behalf of a clerk if the clerk and
7 the election authority agree, to the proper polling place
8 before the close of the polls on the day of the general
9 primary, consolidated primary, consolidated, or general
10 election.
11 In election jurisdictions that have adopted a Direct
12 Recording Electronic Voting System under Article 24C and that
13 count absentee ballots in the office of the election
14 authority on election day, the sealed absentee ballots in
15 their carrier envelope shall be delivered to the office of
16 the election authority by the respective clerks before the
17 close of the polls on the day of the general primary,
18 consolidated primary, consolidated, or general election.
19 Not more than 23 days before the nonpartisan, general and
20 consolidated elections, the county clerk shall make available
21 to those municipal, township and road district clerks
22 conducting in-person absentee voting within such county, a
23 sufficient number of applications, absentee ballots,
24 envelopes, and printed voting instruction slips for use by
25 absentee voters in the offices of such clerks. The respective
26 clerks shall receipt for all ballots received, shall return
27 all unused or spoiled ballots to the county clerk on the day
28 of the election and shall strictly account for all ballots
29 received.
30 The ballots delivered to the respective clerks shall
31 include absentee ballots for each precinct in the
32 municipality, township or road district, or shall include
33 such separate ballots for each political subdivision
34 conducting an election of officers or a referendum on that
SB1803 Engrossed -25- SRS093 00057 PLM 00057 b
1 election day as will permit any resident of the municipality,
2 township or road district to vote absentee in the office of
3 the proper clerk.
4 The clerks of all municipalities, townships and road
5 districts may distribute applications for absentee ballot for
6 the use of voters who wish to mail such applications to the
7 appropriate election authority. Such applications for
8 absentee ballots shall be made on forms provided by the
9 election authority. Duplication of such forms by the
10 municipal, township or road district clerk is prohibited.
11 (Source: P.A. 91-210, eff. 1-1-00.)
12 (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
13 Sec. 19-7. Upon receipt of such absent voter's ballot,
14 the election authority shall forthwith enclose the same
15 unopened, together with the application made by said absent
16 voter in a large or carrier envelope which shall be securely
17 sealed and endorsed with the name and official title of such
18 officer and the words, "This envelope contains an absent
19 voter's ballot and must be opened on election day," together
20 with the number and description of the precinct in which said
21 ballot is to be voted, and such officer shall thereafter
22 safely keep the same in his office until counted by him as
23 provided in this Articlethe next section.
24 Except as provided in Article 24C, the election authority
25 may choose (i) to have the absentee ballots delivered before
26 the closing of the polls to their proper polling places for
27 counting by the precinct judges or (ii) to have the absentee
28 ballots received after 12:00 noon on election day or too late
29 for delivery before the closing of the polls on election day
30 counted in the office of the election authority by one or
31 more panels of election judges appointed in the manner
32 provided for in this Code.
33 (Source: P.A. 81-155.)
SB1803 Engrossed -26- SRS093 00057 PLM 00057 b
1 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
2 Sec. 19-8. In election jurisdictions that deliver
3 absentee ballots to the polling place to be counted by the
4 precinct judges, the provisions of this Section shall apply.
5 In case an absent voter's ballot is received by the
6 election authority prior to the delivery of the official
7 ballots to the judges of election of the precinct in which
8 said elector resides, such ballot envelope and application,
9 sealed in the carrier envelope, shall be enclosed in such
10 package and therewith delivered to the judges of such
11 precinct. In case the official ballots for such precinct have
12 been delivered to the judges of election at the time of the
13 receipt by the election authority of such absent voter's
14 ballot, such authority shall immediately enclose said
15 envelope containing the absent voter's ballot, together with
16 his application therefor, in a larger or carrier envelope
17 which shall be securely sealed and addressed on the face to
18 the judges of election, giving the name or number of
19 precinct, street and number of polling place, city or town in
20 which such absent voter is a qualified elector, and the words
21 "This envelope contains an absent voter's ballot and must be
22 opened only on election day at the polls immediately after
23 the polls are closed," mailing the same, postage prepaid, to
24 such judges of election, or if more convenient, such officer
25 may deliver such absent voter's ballot to the judges of
26 election in person or by duly deputized agent, said officer
27 to secure his receipt for delivery of such ballot or ballots.
28 Absent voters' ballots returned by absentee voters to the
29 election authority after the closing of the polls on an
30 election day shall be endorsed by the election authority
31 receiving the same with the day and hour of receipt and shall
32 be safely kept unopened by such election authority for the
33 period of time required for the preservation of ballots used
34 at such election, and shall then, without being opened, be
SB1803 Engrossed -27- SRS093 00057 PLM 00057 b
1 destroyed in like manner as the used ballots of such
2 election.
3 All absent voters' ballots received by the election
4 authority after 12:00 noon on election day or too late for
5 delivery to the proper polling place before the closing of
6 the polls on election day, and Special Write-In Absentee
7 Voter's Blank Ballots, except ballots returned by mail
8 postmarked after midnight preceding the opening of the polls
9 on election day, and all absent voters' ballots in election
10 jurisdictions that use voting systems authorized by Article
11 24C shall be endorsed by the election authority receiving the
12 same with the day and hour of receipt and shall be counted in
13 the office of the election authority on the day of the
14 election after 7:00 p.m. All absent voters' ballots
15 delivered in error to the wrong precinct polling place shall
16 be returned to the election authority and counted under this
17 provision; however, all absentee ballots received by the
18 election authority by the close of absentee voting in the
19 office of the election authority on the day preceding the day
20 of election shall be delivered to the proper precinct polling
21 places in time to be counted by the judges of election.
22 Such counting shall commence no later than 8:00 p.m. and
23 shall be conducted by a panel or panels of election judges
24 appointed in the manner provided by law. Such counting shall
25 continue until all absent voters' ballots received as
26 aforesaid have been counted.
27 The procedures set forth in Section 19-9 of this Act and
28 Articles 17 and 18 of this Code, shall apply to all absent
29 voters' ballots counted under this provision, including
30 comparing the signature on the ballot envelope with the
31 signature of the voter on the permanent voter registration
32 record card taken from the master file; except that votes
33 shall be recorded bywithout regard to precinct designation,
34 except for precinct offices.
SB1803 Engrossed -28- SRS093 00057 PLM 00057 b
1 (Source: P.A. 91-357, eff. 7-29-99.)
2 (10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
3 Sec. 19-9. At the close of the regular balloting and at
4 the close of the polls the judges of election of each voting
5 precinct or the panel or panels of judges in the office of
6 the election authority, as the case may be, shall proceed to
7 cast the absent voter's ballot separately, and as each absent
8 voter's ballot is taken shall open the outer or carrier
9 envelope, announce the absent voter's name, and compare the
10 signature upon the application with the signature upon the
11 certification on the ballot envelope and the signature of the
12 voter on the permanent voter registration record card. In
13 case the judges find the certifications properly executed,
14 that the signatures correspond, that the applicant is a duly
15 qualified elector in the precinct and the applicant has not
16 been present and voted within the county where he represents
17 himself to be a qualified elector on such election day, they
18 shall open the envelope containing the absent voter's ballot
19 in such manner as not to deface or destroy the certification
20 thereon, or mark or tear the ballots therein and take out the
21 ballot or ballots therein contained without unfolding or
22 permitting the same to be unfolded or examined, and having
23 endorsed the ballot in like manner as other ballots are
24 required to be endorsed, shall deposit the same in the proper
25 ballot box or boxes and enter the absent voter's name in the
26 poll book the same as if he had been present and voted in
27 person. The judges shall place the absentee ballot
28 certification envelopes in a separate envelope as per the
29 direction of the election authority. Such envelope containing
30 the absentee ballot certification envelopes shall be returned
31 to the election authority and preserved in like manner as the
32 official poll record.
33 In case such signatures do not correspond, or that the
SB1803 Engrossed -29- SRS093 00057 PLM 00057 b
1 applicant is not a duly qualified elector in such precinct or
2 that the ballot envelope is open or has been opened and
3 resealed, or that said voter is present and has voted within
4 the county where he represents himself to be a qualified
5 elector on the day of such election at such election such
6 previously cast vote shall not be allowed, but without
7 opening the absent voter's envelope the judge of such
8 election shall mark across the face thereof, "Rejected",
9 giving the reason therefor.
10 In case the ballot envelope contains more than one ballot
11 of any kind, said ballots shall not be counted, but shall be
12 marked "Rejected", giving the reason therefor.
13 The absent voters' envelopes and affidavits and the
14 absent voters' envelope with its contents unopened, when such
15 absent vote is rejected shall be retained and preserved in
16 the manner as now provided for the retention and preservation
17 of official ballots rejected at such election.
18 As applied to an absentee ballot of a permanently
19 disabled voter who has complied with Section 19-12.1, the
20 word "certification" as used in this Section shall be
21 construed to refer to the unsworn statement subscribed to by
22 the voter pursuant to Section 19-12.1.
23 (Source: P.A. 87-1052.)
24 (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
25 Sec. 19-10. Pollwatchers may be appointed to observe
26 in-person absentee voting procedures at the office of the
27 election authority as well as at municipal, township or road
28 district clerks' offices where such absentee voting is
29 conducted. Such pollwatchers shall qualify and be appointed
30 in the same manner as provided in Sections 7-34 and 17-23,
31 except each candidate, political party or organization of
32 citizens may appoint only one pollwatcher for each location
33 where in-person absentee voting is conducted. Pollwatchers
SB1803 Engrossed -30- SRS093 00057 PLM 00057 b
1 shall be residents of the county and possess valid
2 pollwatcher credentials.
3 In the polling place on election day, pollwatchers shall
4 be permitted to be present during the casting of the absent
5 voters' ballots and the vote of any absent voter may be
6 challenged for cause the same as if he were present and voted
7 in person, and the judges of the election or a majority
8 thereof shall have power and authority to hear and determine
9 the legality of such ballot; Provided, however, that if a
10 challenge to any absent voter's right to vote is sustained,
11 notice of the same must be given by the judges of election by
12 mail addressed to the voter's place of residence.
13 Where certain absent voters' ballots are counted on the
14 day of the election in the office of the election authority
15 as provided in this ArticleSection 19-8 of this Act, each
16 political party, candidate and qualified civic organization
17 shall be entitled to have present one pollwatcher for each
18 panel of election judges therein assigned. Such pollwatchers
19 shall be subject to the same provisions as are provided for
20 pollwatchers in Sections 7-34 and 17-23 of this Code, and
21 shall be permitted to observe the election judges making the
22 signature comparison between that which is on the absentee
23 ballot application and that which is on the ballot envelope
24 and that which is on the permanent voter registration record
25 card taken from the master file.
26 (Source: P.A. 86-875.)
27 (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
28 Sec. 19-12.2. Voting by physically incapacitated
29 electors who have made proper application to the election
30 authority not later than 5 days before the regular primary
31 and general election of 1980 and before each election
32 thereafter shall be conducted on the premises of facilities
33 licensed or certified pursuant to the Nursing Home Care Act
SB1803 Engrossed -31- SRS093 00057 PLM 00057 b
1 for the sole benefit of residents of such facilities. Such
2 voting shall be conducted during any continuous period
3 sufficient to allow all applicants to cast their ballots
4 between the hours of 9 a.m. and 7 p.m. either on the Friday,
5 Saturday, Sunday or Monday immediately preceding the regular
6 election. This absentee voting on one of said days designated
7 by the election authority shall be supervised by two election
8 judges who must be selected by the election authority in the
9 following order of priority: (1) from the panel of judges
10 appointed for the precinct in which such facility is located,
11 or from a panel of judges appointed for any other precinct
12 within the jurisdiction of the election authority in the same
13 ward or township, as the case may be, in which the facility
14 is located or, only in the case where a judge or judges from
15 the precinct, township or ward are unavailable to serve, (3)
16 from a panel of judges appointed for any other precinct
17 within the jurisdiction of the election authority. The two
18 judges shall be from different political parties. Not less
19 than 30 days before each regular election, the election
20 authority shall have arranged with the chief administrative
21 officer of each facility in his or its election jurisdiction
22 a mutually convenient time period on the Friday, Saturday,
23 Sunday or Monday immediately preceding the election for such
24 voting on the premises of the facility and shall post in a
25 prominent place in his or its office a notice of the agreed
26 day and time period for conducting such voting at each
27 facility; provided that the election authority shall not
28 later than noon on the Thursday before the election also post
29 the names and addresses of those facilities from which no
30 applications were received and in which no supervised
31 absentee voting will be conducted. All provisions of this
32 Code applicable to pollwatchers shall be applicable herein.
33 To the maximum extent feasible, voting booths or screens
34 shall be provided to insure the privacy of the voter. Voting
SB1803 Engrossed -32- SRS093 00057 PLM 00057 b
1 procedures shall be as described in Article 17 of this Code,
2 except that ballots shall be treated as absentee ballots and
3 shall not be counted until the close of the polls on the
4 following day. After the last voter has concluded voting, the
5 judges shall seal the ballots in an envelope and affix their
6 signatures across the flap of the envelope. Immediately
7 thereafter, the judges shall bring the sealed envelope to the
8 office of the election authority who shall preserve the
9 ballots in the office of the election authority in those
10 jurisdictions that have adopted a Direct Recording Electronic
11 Voting System under Article 24C and that count absentee
12 ballots in the office of the election authority or shall
13 deliver thesuch ballots to the proper precinct polling
14 places prior to the closing of the polls on the day of
15 election in election jurisdictions that count absentee
16 ballots in the polling place. Provided, that in election
17 jurisdictions that count absentee ballots in the polling
18 place the election authority may arrange for the judges who
19 conduct such voting on the Monday before the election to
20 deliver the sealed envelope directly to the proper precinct
21 polling place on the day of election and shall announce such
22 procedure in the 30 day notice heretofore prescribed. The
23 judges of election shall also report to the election
24 authority the name of any applicant in the facility who, due
25 to unforeseen circumstance or condition or because of a
26 religious holiday, was unable to vote. In this event, the
27 election authority may appoint a qualified person from his or
28 its staff to deliver the ballot to such applicant on the day
29 of election. This staff person shall follow the same
30 procedures prescribed for judges conducting absentee voting
31 in such facilities; but shall return the ballot to the proper
32 precinct polling place before the polls close. However, if
33 the facility from which the application was made is also used
34 as a regular precinct polling place for that voter, voting
SB1803 Engrossed -33- SRS093 00057 PLM 00057 b
1 procedures heretofore prescribed may be implemented by 2 of
2 the election judges of opposite party affiliation assigned to
3 that polling place during the hours of voting on the day of
4 the election. Judges of election shall be compensated not
5 less than $25.00 for conducting absentee voting in such
6 facilities.
7 Not less than 120 days before each regular election, the
8 Department of Public Health shall certify to the State Board
9 of Elections a list of the facilities licensed or certified
10 pursuant to the Nursing Home Care Act, and shall indicate the
11 approved bed capacity and the name of the chief
12 administrative officer of each such facility, and the State
13 Board of Elections shall certify the same to the appropriate
14 election authority within 20 days thereafter.
15 (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)
16 (10 ILCS 5/19-15)
17 Sec. 19-15. Precinct tabulation optical scan technology
18 voting equipment and direct recording electronic voting
19 systems equipment.
20 If the election authority has adopted the use of Precinct
21 Tabulation Optical Scan Technology voting equipment pursuant
22 to Article 24B of this Code or Direct Recording Electronic
23 Voting Systems equipment under Article 24C, and the
24 provisions of those Articlesthe Article are in conflict with
25 the provisions of this Article 19, the provisions of Article
26 24B or Article 24C, as the case may be, shall govern the
27 procedures followed by the election authority, its judges of
28 elections, and all employees and agents. In following the
29 provisions of Article 24B or Article 24C, the election
30 authority is authorized to develop and implement procedures
31 to fully utilize Precinct Tabulation Optical Scan Technology
32 voting equipment or Direct Recording Electronic Voting
33 Systems equipment authorized by the State Board of Elections
SB1803 Engrossed -34- SRS093 00057 PLM 00057 b
1 as long as the procedure is not in conflict with either
2 Article 24B, Article 24C, or the administrative rules of the
3 State Board of Elections.
4 (Source: P.A. 89-394, eff. 1-1-97.)
5 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
6 Sec. 20-2. Any member of the United States Service,
7 otherwise qualified to vote, who expects in the course of his
8 duties to be absent from the county in which he resides on
9 the day of holding any election may make application for an
10 absentee ballot to the election authority having jurisdiction
11 over his precinct of residence on the official postcard or on
12 a form furnished by the election authority as prescribed by
13 Section 20-3 of this Article not less than 10 days before the
14 election. A request pursuant to this Section shall entitle
15 the applicant to an absentee ballot for every election in one
16 calendar year. The original application for ballot shall be
17 kept in the office of the election authority for one year as
18 authorization to send a ballot to the voter for each election
19 to be held within that calendar year. A certified copy of
20 such application for ballot shall be sent each election with
21 the absentee ballot to the polling place to be used in lieu
22 of the original application for ballot. No registration shall
23 be required in order to vote pursuant to this Section.
24 Ballots under this Section shall be mailed by the
25 election authority in the manner prescribed by Section 20-5
26 of this Article and not otherwise. Ballots voted under this
27 Section must be returned to the election authority in
28 sufficient time for delivery (i) to the proper precinct
29 polling place before the closing of the polls on the day of
30 the election in jurisdictions that count absentee ballots in
31 the polling place or (ii) to the office of the election
32 authority before the closing of the polls in those
33 jurisdictions that have adopted a Direct Recording Electronic
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1 Voting System under Article 24C and that count absentee
2 ballots in the office of the election authority.
3 (Source: P.A. 86-875.)
4 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
5 Sec. 20-2.1. Citizens of the United States temporarily
6 residing outside the territorial limits of the United States
7 who are not registered but otherwise qualified to vote and
8 who expect to be absent from their county of residence during
9 the periods of voter registration provided for in Articles 4,
10 5 or 6 of this Code and on the day of holding any election,
11 may make simultaneous application to the election authority
12 having jurisdiction over their precinct of residence for an
13 absentee registration and absentee ballot not less than 30
14 days before the election. Such application may be made on the
15 official postcard or on a form furnished by the election
16 authority as prescribed by Section 20-3 of this Article. A
17 request pursuant to this Section shall entitle the applicant
18 to an absentee ballot for every election in one calendar
19 year. The original application for ballot shall be kept in
20 the office of the election authority for one year as
21 authorization to send a ballot to the voter for each election
22 to be held within that calendar year. A certified copy of
23 such application for ballot shall be sent each election with
24 the absentee ballot to the polling place to be used in lieu
25 of the original application for ballot.
26 Registration shall be required in order to vote pursuant
27 to this Section. However, if the election authority receives
28 one of such applications after 30 days but not less than 10
29 days before a Federal election, said applicant shall be sent
30 a ballot containing the Federal offices only and registration
31 for that election shall be waived.
32 Ballots under this Section shall be mailed by the
33 election authority in the manner prescribed by Section 20-5
SB1803 Engrossed -36- SRS093 00057 PLM 00057 b
1 of this Article and not otherwise.
2 Ballots under this Section must be returned to the
3 election authority in sufficient time for delivery (i) to the
4 proper precinct polling place before the closing of the polls
5 on the day of the election in those jurisdictions that count
6 absentee ballots in the polling place or (ii) to the office
7 of the election authority before the closing of the polls on
8 election day in those jurisdictions that have adopted a
9 Direct Recording Electronic Voting System under Article 24C
10 and that count absentee ballots in the office of the election
11 authority.
12 (Source: P.A. 86-875.)
13 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
14 Sec. 20-2.2. Any non-resident civilian citizen,
15 otherwise qualified to vote, may make application to the
16 election authority having jurisdiction over his precinct of
17 former residence for an absentee ballot containing the
18 Federal offices only not less than 10 days before a Federal
19 election. Such application may be made only on the official
20 postcard. A request pursuant to this Section shall entitle
21 the applicant to an absentee ballot for every election in one
22 calendar year at which Federal offices are filled. The
23 original application for ballot shall be kept in the office
24 of the election authority for one year as authorization to
25 send a ballot to the voter for each election to be held
26 within that calendar year at which Federal offices are
27 filled. A certified copy of such application for ballot
28 shall be sent each election with the absentee ballot to the
29 polling place to be used in lieu of the original application
30 for ballot. No registration shall be required in order to
31 vote pursuant to this Section. Ballots under this Section
32 shall be mailed by the election authority in the manner
33 prescribed by Section 20-5 of this Article and not otherwise.
SB1803 Engrossed -37- SRS093 00057 PLM 00057 b
1 Ballots under this Section must be returned to the election
2 authority in sufficient time for delivery (i) to the proper
3 precinct polling place before the closing of the polls on the
4 day of the election in those jurisdictions that count
5 absentee ballots in the polling place or (ii) to the office
6 of the election authority before the closing of the polls on
7 election day in those jurisdictions that have adopted a
8 Direct Recording Electronic Voting System under Article 24C
9 and that count absentee ballots in the office of the election
10 authority.
11 (Source: P.A. 86-875.)
12 (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
13 Sec. 20-7. Upon receipt of such absent voter's ballot,
14 the officer or officers above described shall forthwith
15 enclose the same unopened, together with the application made
16 by said absent voter in a large or carrier envelope which
17 shall be securely sealed and endorsed with the name and
18 official title of such officer and the words, "This envelope
19 contains an absent voter's ballot and must be opened on
20 election day," together with the number and description of
21 the precinct in which said ballot is to be voted, and such
22 officer shall thereafter safely keep the same in his office
23 until counted by him as provided in this Articlethe next
24 section.
25 Except as provided in Article 24C, the election authority
26 may choose (i) to deliver the absentee ballots to the proper
27 precinct polling place before the close of the polls on the
28 election day to be counted by the precinct judges or (ii) to
29 have the absentee ballots received after 12:00 noon on
30 election day or too late for delivery before the closing of
31 the polls on election day counted in the office of the
32 election authority by one or more panels of election judges
33 appointed in the manner provided for in this Code.
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1 (Source: P.A. 81-155.)
2 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
3 Sec. 20-8. (a) In election jurisdictions that count
4 absentee ballots in the polling place, this subsection shall
5 apply.
6 In case any such ballot is received by the election
7 authority prior to the delivery of the official ballots to
8 the judges of election of the precinct in which said elector
9 resides, such ballot envelope and application, sealed in the
10 carrier envelope, shall be enclosed in the same package with
11 the other official ballots and therewith delivered to the
12 judges of such precinct. In case the official ballots for
13 such precinct have been delivered to the judges of election
14 at the time of the receipt by the election authority of such
15 absent voter's ballot, it shall immediately enclose said
16 envelope containing the absent voter's ballot, together with
17 his application therefor, in a larger or carrier envelope
18 which shall be securely sealed and addressed on the face to
19 the judges of election, giving the name or number of
20 precinct, street and number of polling place, city or town in
21 which such absent voter is a qualified elector, and the
22 words, "This envelope contains an absent voter's ballot and
23 must be opened only on election day at the polls immediately
24 after the polls are closed," mailing the same, postage
25 prepaid, to such judges of election, or if more convenient he
26 or it may deliver such absent voter's ballot to the judges of
27 election in person or by duly deputized agent and secure his
28 receipt for delivery of such ballot or ballots. Absent
29 voter's ballots postmarked after 11:59 p.m. of the day
30 immediately preceding the election returned to the election
31 authority too late to be delivered to the proper polling
32 place before the closing of the polls on the day of election
33 shall be endorsed by the person receiving the same with the
SB1803 Engrossed -39- SRS093 00057 PLM 00057 b
1 day and hour of receipt and shall be safely kept unopened by
2 the election authority for the period of time required for
3 the preservation of ballots used at such election, and shall
4 then, without being opened, be destroyed in like manner as
5 the used ballots of such election.
6 (b) All absent voters' ballots received by the election
7 authority after 12:00 noon on election day or too late for
8 delivery to the proper polling place before the closing of
9 the polls on election day, except ballots returned by mail
10 postmarked after midnight preceding the opening of the polls
11 on election day, and all absent voters' ballots in election
12 jurisdictions that use voting systems authorized by Article
13 24C shall be counted in the office of the election authority
14 on the day of the election after 7:00 p.m. All absent voters'
15 ballots delivered in error to the wrong precinct polling
16 place shall be returned to the election authority and counted
17 under this provision.
18 Such counting shall commence no later than 8:00 p.m. and
19 shall be conducted by a panel or panels of election judges
20 appointed in the manner provided by law. Such counting shall
21 continue until all absent voters' ballots received as
22 aforesaid have been counted.
23 The procedures set forth in Section 19-9 of this Act and
24 Articles 17 and 18 of this Code, shall apply to all absent
25 voters' ballots counted under this provision; except that
26 votes shall be recorded bywithout regard to precinct
27 designation.
28 Where certain absent voters' ballots are counted in the
29 office of the election authority as provided in this Section,
30 each political party, candidate and qualified civic
31 organization shall be entitled to have present one
32 pollwatcher for each panel of election judges therein
33 assigned.
34 (Source: P.A. 84-861.)
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1 (10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
2 Sec. 20-9. At the close of the regular balloting and at
3 the close of the polls the judges of election of each voting
4 precinct or the panel or panels of judges in the office of
5 the election authority, as the case may be, shall proceed to
6 cast the absent voter's ballot separately, and as each absent
7 voter's ballot is taken shall open the outer or carrier
8 envelope, announce the absent voter's name, and compare the
9 signature upon the application with the signature upon the
10 registration record card if the voter is registered or upon
11 the certification on the ballot envelope if there is no
12 registration card. In case the judges find the certifications
13 properly executed, that the signatures correspond, that the
14 applicant is a duly qualified elector in the precinct and the
15 applicant has not been present and voted within the county
16 where he represents himself to be a qualified elector on such
17 election day, they shall open the envelope containing the
18 absent voter's ballot in such manner as not to deface or
19 destroy the certification thereon, or mark or tear the
20 ballots therein and take out the ballot or ballots therein
21 contained without unfolding or permitting the same to be
22 unfolded or examined, and having endorsed or initialed the
23 ballot in like manner as other ballots are required to be
24 endorsed, shall deposit the same in the proper ballot box or
25 boxes and mark the voter's registration record card
26 accordingly or file the application in lieu thereof. The
27 judges shall place the absentee ballot certification
28 envelopes in a separate envelope as per the direction of the
29 election authority. Such envelope containing the absentee
30 ballot certification envelopes shall be returned to the
31 election authority and preserved in like manner as the
32 official poll record.
33 In case the signatures do not correspond, or that the
34 applicant is not a duly qualified elector in such precinct or
SB1803 Engrossed -41- SRS093 00057 PLM 00057 b
1 that the ballot envelope is open or has been opened and
2 resealed (except for the purpose of military censorship), or
3 that said voter is present and has voted within the county
4 where he represents himself to be a qualified elector on the
5 day of such election at such election such previously cast
6 vote shall not be allowed, but without opening the absent
7 voter's envelope the judge of such election shall mark across
8 the face thereof, "Rejected", giving the reason therefor.
9 In case the ballot envelope contains duplicate ballots,
10 said ballots shall not be counted, but shall be marked
11 "Rejected", giving the reason therefor.
12 The absent voters' envelopes and certifications and the
13 absent voters' envelope with its contents unopened, when such
14 absent vote is rejected shall be retained and preserved in
15 the manner as now provided for the retention and preservation
16 of official ballots rejected at such election.
17 (Source: P.A. 87-1052.)
18 (10 ILCS 5/20-15)
19 Sec. 20-15. Precinct tabulation optical scan technology
20 voting equipment and direct recording electronic voting
21 systems equipment.
22 If the election authority has adopted the use of Precinct
23 Tabulation Optical Scan Technology voting equipment pursuant
24 to Article 24B of this Code or Direct Recording Electronic
25 Voting Systems equipment under Article 24C of this Code, and
26 the provisions of those Articlesthe Article are in conflict
27 with the provisions of this Article 20, the provisions of
28 Article 24B or Article 24C, as the case may be, shall govern
29 the procedures followed by the election authority, its judges
30 of elections, and all employees and agents. In following the
31 provisions of Article 24B or Article 24C, the election
32 authority is authorized to develop and implement procedures
33 to fully utilize Precinct Tabulation Optical Scan Technology
SB1803 Engrossed -42- SRS093 00057 PLM 00057 b
1 voting equipment or Direct Recording Electronic Voting
2 Systems equipment authorized by the State Board of Elections
3 as long as the procedure is not in conflict with either
4 Article 24B, Article 24C, or the administrative rules of the
5 State Board of Elections.
6 (Source: P.A. 89-394, eff. 1-1-97.)
7 (10 ILCS 5/Art. 24C heading new)
8 ARTICLE 24C. DIRECT RECORDING
9 ELECTRONIC VOTING SYSTEMS
10 (10 ILCS 5/24C-1 new)
11 Sec. 24C-1. Purpose. The purpose of this Article is to
12 authorize the use of Direct Recording Electronic Voting
13 Systems approved by the State Board of Elections. In a
14 Direct Recording Electronic Voting System, voters cast votes
15 by means of a ballot display provided with mechanical or
16 electro-optical devices that can be activated by the voters
17 to mark their choices for the candidates of their preference
18 and for or against public questions. The voting devices shall
19 be capable of instantaneously recording the votes, storing
20 the votes, and tabulating the votes at the precinct. This
21 Article authorizes the use of Direct Recording Electronic
22 Voting Systems for in-precinct counting applications, except
23 that absentee ballots must be counted at the office of the
24 election authority.
25 (10 ILCS 5/24C-2 new)
26 Sec. 24C-2. Definitions. As used in this Article:
27 "Audit trail" means a continuous trail of evidence
28 linking individual transactions related to the vote count
29 with the summary record of vote totals, but that shall not
30 allow for the identification of the voter. An electronic
31 voting system shall produce a permanent paper record with a
SB1803 Engrossed -43- SRS093 00057 PLM 00057 b
1 manual audit capacity for each ballot cast at the time the
2 voter votes that the voter shall review ("voter verified
3 paper audit trail") prior to the voter depositing the
4 permanent paper record into a "ballot" box before leaving the
5 polling place. This voter verified paper audit trail shall be
6 cross-auditable against the electronic ballots recorded by
7 the voting machine as a verification of the accuracy of the
8 count and detection of any possible problems with either
9 electronic ballots or voter verified paper audit trail, but
10 shall not allow for the identification of the voter. The
11 voter verified paper audit trail shall be available as the
12 official record for any recount conducted for any election in
13 which the system is used. It shall permit verification of the
14 accuracy of the count and detection and correction of
15 problems and shall provide a record of each step taken in:
16 defining and producing ballots and generating related
17 software for specific elections; installing ballots and
18 software; testing system readiness; casting and tabulating
19 ballots; and producing reports of vote totals. The record
20 shall incorporate system status and error messages generated
21 during election processing, including a log of machine
22 activities and routine and unusual intervention by authorized
23 and unauthorized individuals. Also part of an election audit
24 trail is the documentation of such items as ballots delivered
25 and collected, administrative procedures for system security,
26 pre-election testing of voting systems, and maintenance
27 performed on voting equipment.
28 "Ballot" means an electronic audio or video display or
29 any other medium used to record a voter's choices for the
30 candidates of his or her preference and for or against public
31 questions.
32 "Ballot configuration" means the particular combination
33 of political subdivision or district ballots including, for
34 each political subdivision or district, the particular
SB1803 Engrossed -44- SRS093 00057 PLM 00057 b
1 combination of offices, candidate names, and public questions
2 as they appear for each group of voters who may cast the same
3 ballot.
4 "Ballot image" means a corresponding representation in
5 electronic form of the mark or vote position of a ballot.
6 "Ballot label" or "ballot screen" means the display of
7 material containing the names of offices and candidates and
8 public questions to be voted on.
9 "Computer", "automatic and electronic tabulating
10 equipment", or "equipment" includes (i) apparatus necessary
11 to automatically or electronically examine and count votes as
12 designated on ballots and (ii) data processing machines that
13 can be used for counting ballots and tabulating results.
14 "Computer operator" means any person or persons
15 designated by the election authority to operate the automatic
16 tabulating equipment during any portion of the vote tallying
17 process in an election, but shall not include judges of
18 election operating vote tabulating equipment in the precinct.
19 "Computer program" or "program" means the set of
20 operating instructions for the automatic or electronic
21 tabulating equipment that examines, records, counts,
22 tabulates, canvasses, and prints votes recorded by a voter on
23 a ballot.
24 "Direct recording electronic voting system", "voting
25 system", or "system" means the combination of equipment and
26 programs that records votes by means of a ballot display
27 provided with mechanical or electro-optical devices that can
28 be activated by the voter, that processes the data by means
29 of a computer program, that records voting data and ballot
30 images in internal memory devices, that produces a voter
31 verified paper audit trail, and that produces a tabulation of
32 the voting data as hard copy or stored in a removable memory
33 device.
34 "Edit listing" means a computer generated listing of the
SB1803 Engrossed -45- SRS093 00057 PLM 00057 b
1 names of each candidate and public question as they appear in
2 the program for each precinct.
3 "In-precinct counting" means the recording and counting
4 of ballots on automatic or electronic tabulating equipment
5 provided by the election authority in the same precinct
6 polling place in which those ballots have been cast.
7 "Separate ballot" means a separate page or display screen
8 of the ballot that is clearly defined and distinguishable
9 from other portions of the ballot.
10 "Voting device" or "voting machine" means a Direct
11 Recording Voting System apparatus.
12 "Voter verified paper audit trail" means a permanent
13 paper record with a manual audit capacity produced for each
14 ballot cast at the time the voter votes. The voter shall have
15 the opportunity to review this permanent paper record. Any
16 record of voter intent shall be written in human readable
17 form on this permanent paper record. Election officials
18 retain this permanent paper record as the official record for
19 any recount conducted with respect to any election in which
20 the system is used.
21 (10 ILCS 5/24C-3 new)
22 Sec. 24C-3. Adoption, experimentation, or abandonment of
23 Direct Recording Electronic Voting System; boundaries of
24 precincts; notice. Any county board or board of county
25 commissioners, with respect to territory within its
26 jurisdiction, may adopt, experiment with, or abandon a Direct
27 Recording Electronic Voting System approved for use by the
28 State Board of Elections and may use the system in all or
29 some of the precincts within its jurisdiction, or in
30 combination with punch cards, paper ballots, or ballot
31 sheets. In no case may a county board, board of county
32 commissioners, or board of election commissioners contract or
33 arrange for the purchase, lease, or loan of a Direct
SB1803 Engrossed -46- SRS093 00057 PLM 00057 b
1 Recording Electronic Voting System or system component
2 without the approval of the State Board of Elections as
3 provided by Section 24C-16. The county board and board of
4 county commissioners of each county having a population of
5 40,000 or more, with respect to all elections for which an
6 election authority is charged with the duty of providing
7 materials and supplies, must provide either a Direct
8 Recording Electronic Voting System approved for use by the
9 State Board of Elections under this Article or voting systems
10 under Article 24, Article 24A, or Article 24B for each
11 precinct for all elections, except as provided in Section
12 24-1.2. For purposes of this Section "population" does not
13 include persons prohibited from voting by Section 3-5 of this
14 Code.
15 Before any Direct Recording Electronic Voting System is
16 introduced, adopted, or used in any precinct or territory, at
17 least 2 months public notice must be given before the date of
18 the first election when the system is to be used. The
19 election authority shall publish the notice at least once in
20 one or more newspapers published within the county, or other
21 jurisdiction, where the election is held. If there is no
22 such newspaper, the notice shall be published in a newspaper
23 published in the county and having a general circulation
24 within the jurisdiction. The notice shall be substantially
25 as follows:
26 "Notice is hereby given that on (give date), at (insert
27 place where election is held) in the county of (insert
28 county) an election will be held for (insert name of offices
29 to be filled) at which a Direct Recording Electronic Voting
30 System will be used."
31 Dated at ... (insert date)"
32 This notice referred to shall be given only at the first
33 election at which the Direct Recording Electronic Voting
34 System is used.
SB1803 Engrossed -47- SRS093 00057 PLM 00057 b
1 (10 ILCS 5/24C-3.1 new)
2 Sec. 24C-3.1. Retention, consolidation, or alteration of
3 existing precincts; change of location. When a Direct
4 Recording Electronic Voting System is used, the county board
5 or board of election commissioners may retain existing
6 precincts or may consolidate, combine, alter, decrease, or
7 enlarge the boundaries of the precincts to change the number
8 of registered voters of the precincts using the system,
9 establishing the number of registered voters within each
10 precinct at a number not to exceed 800 as the appropriate
11 county board or board of election commissioners determines
12 will afford adequate voting facilities and efficient and
13 economical elections.
14 Except in the event of a fire, flood, or total loss of
15 heat in a place fixed or established pursuant to law by any
16 county board or board of election commissioners as a polling
17 place for an election, no election authority shall change the
18 location of a polling place established for any precinct
19 after notice of the place of holding the election for that
20 precinct has been given as required under Article 12, unless
21 the election authority notifies all registered voters in the
22 precinct of the change in location by first class mail in
23 sufficient time for the notice to be received by the
24 registered voters in the precinct at least one day prior to
25 the date of the election.
26 (10 ILCS 5/24C-4 new)
27 Sec. 24C-4. Use of Direct Recording Electronic Voting
28 System; requisites; applicable procedure. Direct Recording
29 Electronic Voting Systems may be used in elections provided
30 that the systems enable the voter to cast a vote for all
31 offices and on all public questions for which he or she is
32 entitled to vote, and that the systems are approved for use
33 by the State Board of Elections.
SB1803 Engrossed -48- SRS093 00057 PLM 00057 b
1 So far as applicable, the procedure provided for voting
2 paper ballots shall apply when Direct Recording Electronic
3 Voting Systems are used. The provisions of this Article 24C
4 will govern when there are conflicts.
5 (10 ILCS 5/24C-5 new)
6 Sec. 24C-5. Voting booths. In precincts where a Direct
7 Recording Electronic Voting System is used, a sufficient
8 number of voting booths shall be provided for the use of the
9 system according to the requirements determined by the State
10 Board of Elections. Each booth shall be placed so that the
11 entrance to each booth faces a wall in a manner that no judge
12 of election or pollwatcher is able to observe a voter casting
13 a ballot.
14 (10 ILCS 5/24C-5.1 new)
15 Sec. 24C-5.1. Instruction of voters. Before entering the
16 voting booth each voter shall be offered instruction in using
17 the Direct Recording Electronic Voting System. In
18 instructing voters, no election judge may show partiality to
19 any political party or candidate. The duties of instruction
20 shall be discharged by a judge from each of the political
21 parties represented and they shall alternate serving as
22 instructor so that each judge shall serve a like time at
23 those duties. No instructions may be given after the voter
24 has entered the voting booth.
25 No election judge or person assisting a voter may in any
26 manner request, suggest, or seek to persuade or induce any
27 voter to cast his or her vote for any particular ticket,
28 candidate, amendment, question, or proposition. All
29 instructions shall be given by election judges in a manner
30 that it may be observed by other persons in the polling
31 place.
SB1803 Engrossed -49- SRS093 00057 PLM 00057 b
1 (10 ILCS 5/24C-5.2 new)
2 Sec. 24C-5.2. Demonstration of Direct Recording
3 Electronic Voting System; placement in public library. When
4 a Direct Recording Electronic Voting System is to be used in
5 a forthcoming election, the election authority may provide,
6 for the purpose of instructing voters in the election, one
7 demonstrator Direct Recording Electronic Voting System unit
8 for placement in any public library within the political
9 subdivision where the election occurs. If the placement of a
10 demonstrator takes place it shall be made available at least
11 30 days before the election.
12 (10 ILCS 5/24C-6 new)
13 Sec. 24C-6. Ballot information; arrangement; absentee
14 ballots; spoiled ballots. The ballot information shall, as
15 far as practicable, be in the order of arrangement provided
16 for paper ballots, except that the information may be in
17 vertical or horizontal rows or on a number of separate pages
18 or display screens.
19 All public questions, including but not limited to public
20 questions calling for a constitutional convention,
21 constitutional amendment, or judicial retention, shall be
22 placed on the ballot separate and apart from candidates.
23 Ballots for all public questions shall be clearly designated
24 pursuant to administrative rule of the State Board of
25 Elections. More than one amendment to the constitution may
26 be placed on the same portion of the ballot screen.
27 Constitutional convention or constitutional amendment
28 propositions shall precede all candidates and other
29 propositions and shall be placed on a separate portion of the
30 ballot and designated by borders or unique color screens,
31 unless otherwise provided by administrative rule of the State
32 Board of Elections. More than one public question may be
33 placed on the same portion of the ballot. Judicial retention
SB1803 Engrossed -50- SRS093 00057 PLM 00057 b
1 propositions shall be placed on a separate portion of the
2 ballot designated pursuant to administrative rule of the
3 State Board of Elections. More than one proposition for
4 retention of judges in office may be placed on the same
5 portion of the ballot.
6 The party affiliation, if any, of each candidate or the
7 word "independent", where applicable, shall appear near or
8 under the candidate's name, and the names of candidates for
9 the same office shall be listed vertically under the title of
10 that office. In the case of nonpartisan elections for
11 officers of political subdivisions, unless the statute or an
12 ordinance adopted pursuant to Article VII of the Illinois
13 Constitution requires otherwise, the listing of nonpartisan
14 candidates shall not include any party or "independent"
15 designation. In primary elections, a separate ballot, shall
16 be used for each political party holding a primary, with the
17 ballot arranged to include names of the candidates of the
18 party and public questions and other propositions to be voted
19 upon on the day of the primary election.
20 If the ballot includes both candidates for office and
21 public questions or propositions to be voted on, the election
22 official in charge of the election shall divide the ballot in
23 sections for "Candidates" and "Public Questions", or separate
24 ballots may be used.
25 Any voter who spoils his or her ballot or makes an error
26 shall be provided a means of correcting the ballot or
27 obtaining a new ballot prior to casting his or her ballot.
28 (10 ILCS 5/24C-6.1 new)
29 Sec. 24C-6.1. Security designation. In all elections
30 conducted under this Article, ballots shall have a security
31 designation. In precincts where more than one ballot
32 configuration may be voted upon, ballots shall have a
33 different security designation for each ballot configuration.
SB1803 Engrossed -51- SRS093 00057 PLM 00057 b
1 If a precinct has only one possible ballot configuration, the
2 ballots must have a security designation to identify the
3 precinct and the election. Where ballots from more than one
4 precinct are being tabulated, the ballots from each precinct
5 must be clearly identified; official results shall not be
6 generated unless the precinct identification for any precinct
7 corresponds. The Direct Recording Electronic Voting System
8 shall be designed to ensure that the proper ballot is
9 selected for each polling place and that the format can be
10 matched to the software or firmware required to interpret it
11 correctly. The system shall provide a means of programming
12 each piece of equipment to reflect the ballot requirements of
13 the election and shall include a means for validating the
14 correctness of the program and of the program's installation
15 in the equipment or in a programmable memory device.
16 (10 ILCS 5/24C-7 new)
17 Sec. 24C-7. Write-in ballots. Pursuant to administrative
18 rule of the State Board of Elections, a Direct Recording
19 Electronic Voting System shall provide an acceptable method
20 for a voter to vote for a person whose name does not appear
21 on the ballot using the same Direct Recording Electronic
22 Voting System used to record votes for candidates whose names
23 do appear on the ballot.
24 (10 ILCS 5/24C-8 new)
25 Sec. 24C-8. Preparation for use; comparison of ballots;
26 operational checks of Direct Recording Electronic Voting
27 Systems equipment; pollwatchers. The election authority
28 shall cause the approved Direct Recording Electronic Voting
29 System equipment to be delivered to the polling places.
30 Before the opening of the polls, all Direct Recording
31 Electronic Voting System devices shall provide a printed
32 record of the following, upon verification of the
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1 authenticity of the commands by a judge of election: the
2 election's identification data, the equipment's unit
3 identification, the ballot's format identification, the
4 contents of each active candidate register by office and of
5 each active public question register showing that they
6 contain all zeros, all ballot fields that can be used to
7 invoke special voting options, and other information needed
8 to ensure the readiness of the equipment, and to accommodate
9 administrative reporting requirements.
10 The Direct Recording Electronic Voting System shall
11 provide a means for the election judges to open the polling
12 place and ready the equipment for the casting of ballots.
13 Those means shall incorporate a security seal, a password, or
14 a data code recognition capability to prevent inadvertent or
15 unauthorized actuation of the poll-opening function. If more
16 than one step is required, it shall enforce their execution
17 in the proper sequence.
18 Pollwatchers, as provided by law, shall be permitted to
19 closely observe the judges in these procedures and to
20 periodically inspect the Direct Recording Electronic Voting
21 System equipment when not in use by the voters.
22 (10 ILCS 5/24C-9 new)
23 Sec. 24C-9. Testing of Direct Recording Electronic Voting
24 System equipment and programs; custody of programs, test
25 materials, and ballots. Prior to the public test, the
26 election authority shall conduct an errorless pre-test of the
27 Direct Recording Electronic Voting System equipment and
28 programs to determine that they will correctly detect voting
29 defects and count the votes cast for all offices and all
30 public questions. On any day not less than 5 days prior to
31 the election day, the election authority shall publicly test
32 the Direct Recording Electronic Voting System equipment and
33 programs to determine that they will correctly count the
SB1803 Engrossed -53- SRS093 00057 PLM 00057 b
1 votes cast for all offices and on all public questions.
2 Public notice of the time and place of the test shall be
3 given at least 48 hours before the test by publishing the
4 notice in one or more newspapers within the election
5 jurisdiction of the election authority, if a newspaper is
6 published in that jurisdiction. If a newspaper is not
7 published in that jurisdiction, notice shall be published in
8 a newspaper of general circulation in that jurisdiction.
9 Timely written notice stating the date, time, and location of
10 the public test shall also be provided to the State Board of
11 Elections. The test shall be open to representatives of the
12 political parties, the press, representatives of the State
13 Board of Elections, and the public. The test shall be
14 conducted by entering a preaudited group of ballots marked to
15 record a predetermined number of valid votes for each
16 candidate and on each public question, and shall include for
17 each office one or more ballots having votes exceeding the
18 number allowed by law to test the ability of the electronic
19 tabulating equipment to reject the votes. The test shall
20 also include producing an edit listing.
21 The State Board of Elections may select as many election
22 jurisdictions that the Board deems advisable in the interests
23 of the election process of this State to order a special test
24 of the electronic tabulating equipment and program before any
25 regular election. The Board may order a special test in any
26 election jurisdiction where, during the preceding 12 months,
27 computer programming errors or other errors in the use of the
28 system resulted in vote tabulation errors. Not less than 30
29 days before any election, the State Board of Elections shall
30 provide written notice to those selected jurisdictions of its
31 intent to conduct a test. Within 5 days of receipt of the
32 State Board of Elections' written notice of intent to conduct
33 a test, the selected jurisdictions shall forward to the
34 principal office of the State Board of Elections a copy of
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1 all specimen ballots. The State Board of Elections' tests
2 shall be conducted and completed not less than 2 days before
3 the public test using testing materials supplied by the Board
4 and under the supervision of the Board, and the Board shall
5 reimburse the election authority for the reasonable cost of
6 computer time required to conduct the special test. After an
7 errorless test, materials used in the public test, including
8 the program, if appropriate, shall be sealed and remain
9 sealed until the test is run again on election day. If any
10 error is detected, the cause of the error shall be determined
11 and corrected, and an errorless public test shall be made
12 before the automatic tabulating equipment is approved. Each
13 election authority shall file a sealed copy of each tested
14 program to be used within its jurisdiction at an election
15 with the State Board of Elections before the election. The
16 Board shall secure the program or programs of each election
17 jurisdiction so filed in its office for the 60 days following
18 the canvass and proclamation of election results. At the
19 expiration of that time, if no election contest or appeal is
20 pending in an election jurisdiction, the Board shall return
21 the sealed program or programs to the election authority of
22 the jurisdiction. After the completion of the count, the test
23 shall be re-run using the same program. Immediately after
24 the re-run, all material used in testing the program and the
25 programs shall be sealed and retained under the custody of
26 the election authority for a period of 60 days. At the
27 expiration of that time the election authority shall destroy
28 the voted ballots, together with all unused ballots returned
29 from the precincts, provided, that if any contest of election
30 is pending at the time in which the ballots may be required
31 as evidence and the election authority has notice of the
32 contest, the ballots shall not be destroyed until after the
33 contest is finally determined. If the use of back-up
34 equipment becomes necessary, the same testing required for
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1 the original equipment shall be conducted.
2 (10 ILCS 5/24C-10 new)
3 Sec. 24C-10. Recording of votes by Direct Recording
4 Electronic Voting Systems. Whenever a Direct Recording
5 Electronic Voting System is used to electronically record and
6 count the votes of ballots, the provisions of this Section
7 shall apply. A voter shall cast a proper vote on a ballot
8 pursuant to the instructions provided on the screen or
9 labels.
10 (10 ILCS 5/24C-11 new)
11 Sec. 24C-11. Functional requirements. The functional
12 requirements of a Direct Recording Electronic Voting System
13 shall be specified by the administrative rules of the State
14 Board of Elections.
15 (10 ILCS 5/24C-12 new)
16 Sec. 24C-12. Procedures for counting and tallying of
17 ballots. In an election jurisdiction where a Direct Recording
18 Electronic Voting System is used, the procedures in this
19 Section for counting and tallying the ballots shall apply.
20 Before the opening of the polls, the judges of elections
21 shall assemble the voting equipment and devices and turn the
22 equipment on. The judges shall, if necessary, take steps to
23 actuate the voting devices and counting equipment by
24 inserting into the equipment and voting devices appropriate
25 electronic media containing passwords and data codes that
26 will select the proper ballot formats for that polling place
27 and that will prevent inadvertent or unauthorized actuation
28 of the poll-opening function. Before voting begins and
29 before ballots are entered into the voting devices, the
30 judges of election shall cause to be printed a record of the
31 following: (i) the election's identification data, (ii) the
SB1803 Engrossed -56- SRS093 00057 PLM 00057 b
1 device's unit identification, (iii) the ballot's format
2 identification, (iv) the contents of each active candidate
3 register by office and of each active public question
4 register showing that they contain all zeros, (v) all ballot
5 fields that can be used to invoke special voting options, and
6 (vi) other information needed to ensure the readiness of the
7 equipment and to accommodate administrative reporting
8 requirements. The judges must also check to be sure that the
9 totals are all zeros in the counting columns and in the
10 public counter affixed to the voting devices.
11 After the judges have determined that a person is
12 qualified to vote, the judges shall enable a voting device to
13 be used by the voter and the proper ballot to which the voter
14 is entitled shall be selected. The ballot may then be cast
15 by the voter by marking by appropriate means the designated
16 area of the ballot for the casting of a vote for any
17 candidate or for or against any public question. The voter
18 shall be able to vote for any and all candidates and public
19 measures appearing on the ballot in any legal number and
20 combination and the voter shall be able to delete or change
21 his or her selections before the ballot is cast. The voter
22 shall be able to select candidates whose names do not appear
23 upon the ballot for any office by following the instructions
24 provided on the screen or labels as many names of candidates
25 as the voter is entitled to select for each office.
26 Upon completing his or her selection of candidates or
27 public questions, the voter shall signify that voting has
28 been completed by activating the appropriate button, switch,
29 or active area of the ballot screen associated with end of
30 voting. Upon activation, the voting system shall record an
31 image of the completed ballot, shall increment the proper
32 ballot position registers, shall produce a voter verified
33 paper audit trail, and shall signify to the voter that the
34 ballot has been cast. The voter shall exit the voting station
SB1803 Engrossed -57- SRS093 00057 PLM 00057 b
1 and the voting system shall prevent any further attempt to
2 vote until it has been re-activated by the judges of
3 election. If the voter fails to cast his or her ballot and
4 leaves the polling place, 2 judges of election, one from each
5 of the 2 major political parties, shall spoil the ballot.
6 Throughout the election day and before the closing of the
7 polls, no person may check any vote totals for any candidate
8 or public question on the voting or counting equipment.
9 The precinct judges of election shall check the public
10 register to determine whether the number of ballots counted
11 by the voting equipment agrees with the number of voters
12 voting as shown by the applications for ballot. If the same
13 do not agree, the judges of election shall immediately
14 contact the offices of the election authority in charge of
15 the election for further instructions. If the number of
16 ballots counted by the voting equipment agrees with the
17 number of voters voting as shown by the application for
18 ballot, the number shall be listed on the "Statement of
19 Ballots" form provided by the election authority.
20 The totals for all candidates and propositions shall be
21 tabulated and 4 copies of a "Certificate of Results" shall be
22 printed by the electronic tabulating equipment. In addition,
23 one copy shall be posted in a conspicuous place inside the
24 polling place and every effort shall be made by the judges of
25 election to provide a copy for each authorized pollwatcher or
26 other official authorized to be present in the polling place
27 to observe the counting of ballots. Additional copies shall
28 be made available to pollwatchers, but in no case shall there
29 be fewer than 4 chosen by lot by the judges of election. In
30 addition, sufficient time shall be provided by the judges of
31 election to the pollwatchers to allow them to copy
32 information from the copy that has been posted.
33 If instructed by the election authority, the judges of
34 election shall cause the tabulated returns to be transmitted
SB1803 Engrossed -58- SRS093 00057 PLM 00057 b
1 electronically to the offices of the election authority via
2 modem or other electronic medium.
3 The precinct judges of election shall select a
4 bi-partisan team of 2 judges, who shall immediately return
5 the ballots in a sealed container, along with all other
6 election materials and equipment as instructed by the
7 election authority; provided, however, that the container
8 must first be sealed by the election judges with filament
9 tape or other approved sealing devices provided for the
10 purpose in a manner that the ballots cannot be removed from
11 the container without breaking the seal or filament tape and
12 disturbing any signatures affixed by the election judges to
13 the container. The election authority shall keep the office
14 of the election authority, or any receiving stations
15 designated by the authority, open for at least 12 consecutive
16 hours after the polls close or until the ballots and election
17 material and equipment, as instructed by the election
18 authority, from all precincts within the jurisdiction of the
19 election authority have been returned to the election
20 authority. Ballots and election materials and equipment
21 returned to the office of the election authority that are not
22 signed and sealed as required by law shall not be accepted by
23 the election authority until the judges returning the ballots
24 make and sign the necessary corrections. Upon acceptance of
25 the ballots and election materials and equipment by the
26 election authority, the judges returning the ballots shall
27 take a receipt signed by the election authority and stamped
28 with the time and date of the return. The election judges
29 whose duty it is to return any ballots and election materials
30 and equipment as provided shall, in the event the ballots,
31 materials, or equipment cannot be found when needed, on
32 proper request, produce the receipt that they are to take as
33 above provided.
SB1803 Engrossed -59- SRS093 00057 PLM 00057 b
1 (10 ILCS 5/24C-13 new)
2 Sec. 24C-13. Counting of absentee ballots. All
3 jurisdictions using Direct Recording Electronic Voting
4 Systems shall count absentee ballots at the office of the
5 election authority. The provisions of Sections 24A-9 and
6 24B-9 shall apply to the testing and notice requirements for
7 central count tabulation equipment, including comparing the
8 signature on the ballot envelope with the signature of the
9 voter on the permanent voter registration record card taken
10 from the master file; except that votes shall be recorded by
11 precinct.
12 Any election authority using a Direct Recording
13 Electronic Voting System shall use voting systems approved
14 for use under Articles 16, 24A, or 24B when conducting
15 absentee voting. The absentee ballots shall be examined and
16 processed pursuant to Sections 19-9 and 20-9. The results
17 shall be recorded by precinct and shall become part of the
18 certificate of results.
19 (10 ILCS 5/24C-14 new)
20 Sec. 24C-14. Tabulating votes; direction; presence of
21 public; computer operator's log and canvass. The procedure
22 for tabulating the votes by the Direct Recording Electronic
23 Voting System shall be under the direction of the election
24 authority and shall conform to the requirements of the Direct
25 Recording Electronic Voting System. During any
26 election-related activity using the Direct Recording
27 Electronic Voting System equipment, the election authority
28 shall dedicate the equipment to vote processing to ensure the
29 security and integrity of the system.
30 A reasonable number of pollwatchers shall be admitted to
31 the counting location. Persons may observe the tabulating
32 process at the discretion of the election authority; however,
33 at least one representative of each established political
SB1803 Engrossed -60- SRS093 00057 PLM 00057 b
1 party and authorized agents of the State Board of Elections
2 shall be permitted to observe this process at all times. No
3 persons except those employed and authorized for the purpose
4 shall touch any ballot, ballot box, return, or equipment.
5 The computer operator shall be designated by the election
6 authority and shall be sworn as a deputy of the election
7 authority. In conducting the vote tabulation and canvass, the
8 computer operator must maintain a log which shall include the
9 following information:
10 (1) alterations made to programs associated with
11 the vote counting process;
12 (2) if applicable, console messages relating to the
13 program and the respective responses made by the
14 operator;
15 (3) the starting time for each precinct counted,
16 the number of ballots counted for each precinct, any
17 equipment problems and, insofar as practicable, the
18 number of invalid security designations encountered
19 during that count; and
20 (4) changes and repairs made to the equipment
21 during the vote tabulation and canvass.
22 The computer operator's log and canvass shall be
23 available for public inspection in the office of the election
24 authority for a period of 60 days following the proclamation
25 of election results. A copy of the computer operator's log
26 and the canvass shall be transmitted to the State Board of
27 Elections upon its request and at its expense.
28 (10 ILCS 5/24C-15 new)
29 Sec. 24C-15. Official return of precinct; check of
30 totals; audit. The precinct return printed by the Direct
31 Recording Electronic Voting System tabulating equipment shall
32 include the number of ballots cast, ballots cast by each
33 political party for a primary election, and votes cast for
SB1803 Engrossed -61- SRS093 00057 PLM 00057 b
1 each candidate and public question and shall constitute the
2 official return of each precinct. In addition to the precinct
3 return, the election authority shall provide the number of
4 applications for ballots in each precinct, the total number
5 of ballots counted in each precinct for each political
6 subdivision and district, the number of registered voters in
7 each precinct, and the voter verified paper audit trail. The
8 election authority shall check the totals shown by the
9 precinct return and, if there is an obvious discrepancy
10 regarding the total number of votes cast in any precinct,
11 shall have the ballots for that precinct audited to correct
12 the return. The procedures for this audit shall apply prior
13 to and after the proclamation is completed; however, after
14 the proclamation of results, the election authority must
15 obtain a court order to unseal voted ballots except for
16 election contests and discovery recounts. The certificate of
17 results, that has been prepared and signed by the judges of
18 election in the polling place and at the election authority's
19 office after the ballots have been tabulated, shall be the
20 document used for the canvass of votes for the precinct.
21 Whenever a discrepancy exists during the canvass of votes
22 between the unofficial results and the certificate of
23 results, or whenever a discrepancy exists during the canvass
24 of votes between the certificate of results and the set of
25 totals reflected on the certificate of results, the ballots
26 for that precinct shall be audited to correct the return.
27 Prior to the proclamation, the election authority shall
28 test the voting devices and equipment in 5% of the precincts
29 within the election jurisdiction. The precincts to be tested
30 shall be selected after election day on a random basis by the
31 State Board of Elections, so that every precinct in the
32 election jurisdiction has an equal mathematical chance of
33 being selected.
34 The test shall be conducted by entering a preaudited
SB1803 Engrossed -62- SRS093 00057 PLM 00057 b
1 group of ballots marked to record a predetermined number of
2 valid votes for each candidate and on each public question,
3 and shall include for each office one or more ballots that
4 have votes in excess of the number allowed by law to test the
5 ability of the equipment to reject those votes. If any error
6 is detected, the cause shall be determined and corrected, and
7 an errorless count shall be made prior to the official
8 canvass and proclamation of election results.
9 The State Board of Elections, the State's Attorney and
10 other appropriate law enforcement agencies, the chairman of
11 the county central committee of each established political
12 party, and qualified civic organizations shall be given prior
13 written notice of the time and place of the test and may be
14 represented at the test.
15 The results of this re-tabulation shall be treated in the
16 same manner and have the same effect as the results of the
17 discovery procedures set forth in Section 22-9.1 of this
18 Code. Upon completion of the test, the election authority
19 shall print a report showing the results of the test and any
20 errors encountered and the report shall be made available for
21 public inspection.
22 (10 ILCS 5/24C-15.01 new)
23 Sec. 24C-15.01. Transporting ballots to central counting
24 station; container. Upon completion of the tabulation,
25 audit, or test of voting equipment, if the election authority
26 so instructs, pursuant to Sections 24C-11 through 24C-15, the
27 voting equipment and ballots from each precinct shall be
28 replaced in the container in which they were transported to
29 the central counting station. If the container is not a type
30 that may be securely locked, then each container, before
31 being transferred from the counting station to storage, shall
32 be sealed with filament tape wrapped around the container
33 lengthwise and crosswise, at least twice each way, and in a
SB1803 Engrossed -63- SRS093 00057 PLM 00057 b
1 manner that the equipment and ballots cannot be removed from
2 the container without breaking the tape.
3 (10 ILCS 5/24C-15.1 new)
4 Sec. 24C-15.1. Discovery recounts and election contests.
5 Discovery recounts and election contests shall be conducted
6 as otherwise provided for in this Code. The Direct Recording
7 Electronic Voting System equipment shall be tested prior to
8 the discovery recount or election contest as provided in
9 Section 24C-9 and then the electronic ballots shall be
10 audited against the voter verified paper audit trail.
11 The log of the computer operator and all materials
12 retained by the election authority in relation to vote
13 tabulation and canvass shall be made available for any
14 discovery recount or election contest.
15 (10 ILCS 5/24C-16 new)
16 Sec. 24C-16. Approval of Direct Recording Electronic
17 Voting Systems; requisites. The State Board of Elections
18 shall approve all Direct Recording Electronic Voting Systems
19 provided by this Article.
20 No Direct Recording Electronic Voting System shall be
21 approved unless it fulfills the following requirements:
22 (1) It enables a voter to vote in absolute secrecy,
23 except in the case of voters who receive assistance as
24 provided in this Code.
25 (2) It enables each voter to vote at an election
26 for all persons and offices for whom and for which the
27 voter is lawfully entitled to vote, to vote for as many
28 persons for an office as the voter is entitled to vote
29 for, and to vote for or against any public question upon
30 which the voter is entitled to vote, but no other.
31 (3) It will detect and reject all votes for an
32 office or upon a public question when the voter has cast
SB1803 Engrossed -64- SRS093 00057 PLM 00057 b
1 more votes for the office or upon the public question
2 than he or she is entitled to cast; provided, however,
3 that it will inform a voter that the voter's choices as
4 recorded on the ballot for an office or public question
5 exceeds the number that the voter is entitled to vote for
6 on that office or public question and will offer the
7 voter an opportunity to correct the error before
8 rejecting the choices recorded on the voter's ballot.
9 (4) It will enable each voter in primary elections
10 to vote only for the candidates of the political party
11 with which he or she had declared affiliation and
12 preclude the voter from voting for any candidate of any
13 other political party.
14 (5) It enables a voter to vote a split ticket
15 selected in part from the nominees of one party, in part
16 from the nominees of any or all parties, in part from
17 independent candidates, and in part of candidates whose
18 names are written in by the voter.
19 (6) It enables a voter, at a Presidential election,
20 by a single selection to vote for the candidates of a
21 political party for Presidential electors.
22 (7) It will prevent anyone voting for the same
23 person more than once for the same office.
24 (8) It will record and count accurately each vote
25 properly cast for or against any candidate and for or
26 against any public question, including the names of all
27 candidates whose names are written in by the voters.
28 (9) It will be capable of merging the vote
29 tabulation results produced by other vote tabulation
30 systems, if necessary.
31 (10) It will provide a means for sealing and
32 resealing the vote recording devices to prevent their
33 unauthorized use and to prevent tampering with ballot
34 labels.
SB1803 Engrossed -65- SRS093 00057 PLM 00057 b
1 (11) It will be suitably designed for the purpose
2 used, be durably constructed, and be designed for safety,
3 accuracy, and efficiency.
4 (12) It will be designed to accommodate the needs
5 of elderly, handicapped, and disabled voters.
6 (13) It will enable a voter to vote for a person
7 whose name does not appear on the ballot.
8 (14) It will be designed to ensure that vote
9 recording devices or electronic tabulating equipment that
10 count votes at the precinct will not be capable of
11 reporting vote totals before the close of the polls.
12 (15) It will provide a voter verified paper audit
13 trail for each ballot cast.
14 (16) It will provide an audit trail.
15 The State Board of Elections is authorized to withdraw
16 its approval of a Direct Recording Electronic Voting System
17 if the system fails to fulfill the above requirements.
18 No vendor, person, or other entity may sell, lease, or
19 loan a Direct Recording Electronic Voting System or system
20 component to any election jurisdiction unless the system or
21 system component is first approved by the State Board of
22 Elections pursuant to this Section. The State Board of
23 Elections shall not accept for testing or approval of any
24 system or system component that has not first been evaluated
25 by an independent testing laboratory or laboratories for
26 performance and reliability using the standards that may from
27 time to time be promulgated by the United States Federal
28 Election Commission. When the functional requirements of
29 this Section are in conflict with the standards promulgated
30 by the Federal Election Commission, the standards of the
31 Federal Election Commission shall govern.
32 (10 ILCS 5/24C-17 new)
33 Sec. 24C-17. Rules; number of voting booths. The State
SB1803 Engrossed -66- SRS093 00057 PLM 00057 b
1 Board of Elections may make reasonable rules for the
2 administration of this Article and may prescribe the number
3 of voting booths required for the various types of voting
4 systems.
5 (10 ILCS 5/24C-18 new)
6 Sec. 24C-18. Specimen ballots; publication. When a
7 Direct Recording Electronic Voting System is used, the
8 election authority shall cause to be published, at least 5
9 days before the day of each general and general primary
10 election, in 2 or more newspapers published in and having a
11 general circulation in the county, a true and legible copy of
12 the specimen ballot containing the names of offices,
13 candidates, and public questions to be voted on, as near as
14 may be, in the form in which they will appear on the official
15 ballot on election day. A true legible copy may be in the
16 form of an actual size ballot and shall be published as
17 required by this Section if distributed in 2 or more
18 newspapers published and having a general circulation in the
19 county as an insert. For each election prescribed in Article
20 2A of this Code, specimen ballots shall be made available for
21 public distribution and shall be supplied to the judges of
22 election for posting in the polling place on the day of
23 election. Notice for the consolidated primary and
24 consolidated elections shall be given as provided in Article
25 12.
26 (10 ILCS 5/24C-19 new)
27 Sec. 24C-19. Additional method of voting. This Article
28 shall be deemed to provide a method of voting in addition to
29 the methods otherwise provided in this Code.
30 (10 ILCS 5/24A-20 rep.)
31 Section 10. The Election Code is amended by repealing
SB1803 Engrossed -67- SRS093 00057 PLM 00057 b
1 Section 24A-20.
2 Section 99. Effective date. This Act takes effect on
3 January 1, 2004.
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