Full Text of HB2673 95th General Assembly
HB2673ham001 95TH GENERAL ASSEMBLY
|
Rep. John A. Fritchey
Filed: 4/8/2008
|
|
09500HB2673ham001 |
|
LRB095 01097 JAM 49150 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2673
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2673 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Election Code is amended by changing | 5 |
| Sections
16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1, 24A-5.1, | 6 |
| 24A-6, 24A-15, 24A-16,
24B-5.1, 24B-6, 24B-15,
24B-16, 24C-1, | 7 |
| and 24C-11 and by adding Section 17-19a as follows:
| 8 |
| (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
| 9 |
| Sec. 16-4.1. Ballots; Form; Consolidated Elections. This | 10 |
| Section shall
apply only to the consolidated primary election, | 11 |
| and the consolidated election,
except as otherwise expressly | 12 |
| provided herein.
| 13 |
| The ballot for the nomination or election of officers of | 14 |
| each political
subdivision shall be considered a separate | 15 |
| ballot, and candidates for such
offices shall be grouped | 16 |
| together. Where paper ballots are used, the names
of candidates |
|
|
|
09500HB2673ham001 |
- 2 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| for nomination or election to more than one political | 2 |
| subdivision
may be contained on a common ballot, provided that | 3 |
| such ballot clearly
indicates and separates each political | 4 |
| subdivision from which such officers
are to be nominated or | 5 |
| elected.
In the case of partisan elections of officers,
a | 6 |
| separate party circle shall be included at the head of the | 7 |
| portion of
the ballot for each political subdivision for which | 8 |
| candidates of political
parties have been nominated. When an | 9 |
| electronic voting system is used that
utilizes a ballot label | 10 |
| booklet, the
party circles for straight-party voting shall be | 11 |
| on the same ballot page
on which are listed the candidates for | 12 |
| the political subdivision election
for which that party circle | 13 |
| applies.
| 14 |
| At the consolidated election, the ballot for school
| 15 |
| district offices shall
precede the ballot for community college | 16 |
| district offices, and thereafter
the ballot order of the | 17 |
| political subdivision officers to be elected shall
be as | 18 |
| determined by the election authority. In the case of school | 19 |
| districts
other than community consolidated school districts, | 20 |
| the ballot for non-high
school district offices shall precede | 21 |
| the ballot for high school district
offices.
| 22 |
| At the consolidated primary and at the consolidated | 23 |
| election, the ballot
for nomination or election of municipal | 24 |
| officers shall precede the ballot
for township officers. At the | 25 |
| consolidated election, following the ballot
for municipal and | 26 |
| township offices shall be the ballots for park district
and |
|
|
|
09500HB2673ham001 |
- 3 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| library district offices, following which shall be the ballots | 2 |
| for other
political subdivision offices in the order determined | 3 |
| by the election
authority.
| 4 |
| The election authority, in determining the order of ballot | 5 |
| placement for
offices of political subdivisions whose ballot | 6 |
| placement is not specified
in this Section, shall give due | 7 |
| regard to the clarity of the ballot
presentation
to the voters, | 8 |
| cost and administrative ease, and the requirement to provide
| 9 |
| separate ballot formats within precincts in which the electors | 10 |
| are not entitled
to vote for the same offices or propositions. | 11 |
| At the request of a political
subdivision which extends into | 12 |
| more than one election jurisdiction, the
election authority | 13 |
| shall endeavor to coordinate placement and color of the
ballot | 14 |
| for such subdivision with the other election authorities | 15 |
| responsible
for preparing ballots for such subdivision | 16 |
| election. The election authority
may conduct a lottery to | 17 |
| determine the order of ballot placement of political
| 18 |
| subdivision ballots where such order is not specified in this | 19 |
| Section.
Such lottery may be conducted jointly by two or more
| 20 |
| election authorities.
| 21 |
| (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
| 22 |
| 90-655, eff. 7-30-98.)
| 23 |
| (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
| 24 |
| Sec. 17-11. On receipt of his ballot the voter shall | 25 |
| forthwith, and
without leaving the inclosed space, retire |
|
|
|
09500HB2673ham001 |
- 4 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| alone, or accompanied by children as provided in Section 17-8,
| 2 |
| to one of the voting
booths so provided and shall prepare his | 3 |
| ballot by making in the
appropriate margin or place a cross (X) | 4 |
| opposite the name of the
candidate of his choice for each | 5 |
| office to be filled, or by writing in
the name of the candidate | 6 |
| of his choice in a blank space on said ticket,
making a cross | 7 |
| (X) opposite thereto; and in case of a question submitted
to | 8 |
| the vote of the people, by making in the appropriate margin or | 9 |
| place
a cross (X) against the answer he desires to give. A | 10 |
| cross (X) in the
square in front of the bracket enclosing the | 11 |
| names of a team of
candidates for Governor and Lieutenant | 12 |
| Governor counts as one vote for
each of such candidates. If the | 13 |
| voter desires to vote for all of the
candidates of one | 14 |
| political party or group of petitioners, he may place
such mark | 15 |
| at the appropriate place preceding the appellation or title
| 16 |
| under which the names of the candidates of such party or group | 17 |
| of
petitioners are printed, and the ballot so marked shall be | 18 |
| counted as
cast for all of the candidates named under that | 19 |
| title, provided,
further, that the voter may place such mark at | 20 |
| the appropriate place
preceding the appellation or title of one | 21 |
| party or group of petitioners
and may also mark, at the | 22 |
| appropriate place preceding the name or names
of one or more | 23 |
| candidates printed under the appellation or title of some
other | 24 |
| party or group of petitioners, and a ballot so marked shall be
| 25 |
| counted as cast for all the candidates named under the | 26 |
| appellation or
title that has been so marked, except as to the |
|
|
|
09500HB2673ham001 |
- 5 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| officers as to which he
has placed such mark preceding the name | 2 |
| or names of some other candidate
or candidates printed under | 3 |
| the title of some other party or group of
petitioners, and as | 4 |
| to such it shall be counted as cast for the
candidate or | 5 |
| candidates preceding whose name or names such mark may have
| 6 |
| been placed. Before leaving the voting booth the voter shall | 7 |
| fold
his
ballot in such manner as to conceal the marks thereon. | 8 |
| He shall then
vote forthwith in the manner herein provided, | 9 |
| except that the number
corresponding to the number of the voter | 10 |
| on the poll books shall not be
indorsed on the back of his | 11 |
| ballot. He shall mark and deliver his ballot
without undue | 12 |
| delay, and shall quit said inclosed space as soon as he
has | 13 |
| voted; except that immediately after voting, the voter shall be | 14 |
| instructed whether the voting equipment, if used, accepted or | 15 |
| rejected the ballot or identified the ballot as under-voted for | 16 |
| a statewide constitutional office. A voter whose ballot is | 17 |
| identified as under-voted may return to the voting booth and | 18 |
| complete the voting of that ballot. A voter whose ballot is not | 19 |
| accepted by the voting equipment may, upon surrendering the | 20 |
| ballot, request and vote another ballot. The voter's | 21 |
| surrendered ballot shall be initialed by the election judge and | 22 |
| handled as provided in the appropriate Article governing that | 23 |
| voting equipment. | 24 |
| No voter shall be allowed to occupy a voting booth already
| 25 |
| occupied by another, nor remain within said inclosed space more | 26 |
| than ten
minutes, nor to occupy a voting booth more than five |
|
|
|
09500HB2673ham001 |
- 6 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| minutes in case all
of said voting booths are in use and other | 2 |
| voters waiting to occupy the
same. No voter not an election | 3 |
| officer, shall, after having voted, be
allowed to re-enter said | 4 |
| inclosed space during said election. No person
shall take or | 5 |
| remove any ballot from the polling place before the close
of | 6 |
| the poll. No voter shall vote or offer to vote any ballot | 7 |
| except such
as he has received from the judges of election in | 8 |
| charge of the ballots.
Any voter who shall, by accident or | 9 |
| mistake, spoil his ballot, may, on
returning said spoiled | 10 |
| ballot, receive another in place thereof only after
the word | 11 |
| "spoiled" has been written in ink diagonally across the entire
| 12 |
| face of the ballot returned by the voter.
| 13 |
| Where voting machines or electronic voting systems are | 14 |
| used, the
provisions of this section may be modified as | 15 |
| required or authorized by
Article 24,
24A, 24B, or 24C, | 16 |
| whichever is applicable, except that the requirements of this | 17 |
| Section that (i) the voter must be notified of the voting | 18 |
| equipment's acceptance or rejection of the voter's ballot or | 19 |
| identification of an under-vote for a statewide constitutional | 20 |
| office and (ii) the voter shall have the opportunity to correct | 21 |
| an under-vote or surrender the ballot that was not accepted and | 22 |
| vote another ballot shall not be modified.
| 23 |
| (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 24 |
| (10 ILCS 5/17-19a new)
| 25 |
| Sec. 17-19a. Tallying straight ticket votes. At all |
|
|
|
09500HB2673ham001 |
- 7 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| general and special
elections held in this State,
when the law | 2 |
| requires that judges tally the votes received by
candidates at | 3 |
| the election, it shall not be necessary for the judges of
| 4 |
| election to mark upon their tally sheets separate marks or | 5 |
| tallies
for each vote received by the candidates upon the | 6 |
| ballots containing the same
names, commonly known and in this | 7 |
| Code designated as "straight tickets". When
the judges have | 8 |
| counted and announced to the judges keeping the
tally, as near | 9 |
| as may be as provided by law, the number of
votes received by | 10 |
| each set of candidates upon the "straight tickets", the
tally | 11 |
| judges shall set that number of votes down, in figures opposite | 12 |
| or
directly below the names of the respective candidates, in a | 13 |
| column or line
provided for that purpose upon the tally sheets. | 14 |
| That column or line shall
read "number of straight votes". The | 15 |
| same column shall be used for the
candidates for Governor and | 16 |
| Lieutenant Governor running on the same ticket. The
judges | 17 |
| shall then proceed to count and announce the votes received by | 18 |
| each
candidate upon all ballots other than "straight tickets", | 19 |
| including all ballots
known as "split tickets" and all ballots | 20 |
| known as "scratched tickets". The
tally judges shall proceed to | 21 |
| tally the votes upon the tally sheets and to
compare and | 22 |
| announce the result thereof. The counting, announcing, and
| 23 |
| tallying shall be conducted as otherwise provided in this Act. | 24 |
| The tally judges
shall set down, in figures, the number of | 25 |
| votes received by each candidate on
ballots other than | 26 |
| "straight tickets", as so ascertained and announced, in an
|
|
|
|
09500HB2673ham001 |
- 8 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| adjoining column or line provided for that purpose upon the | 2 |
| tally sheets,
immediately opposite or below the name of each | 3 |
| candidate. That line shall read
"Number of other votes". The | 4 |
| judges keeping the tally shall then proceed to add
together the | 5 |
| number of votes received by each candidate, as shown in the | 6 |
| column
or line containing the straight votes and the number as | 7 |
| shown in the column or
line containing the votes other than | 8 |
| straight votes. The result will show the
total number of votes | 9 |
| received by each candidate. After comparing their
results and | 10 |
| finding that the results agree and are correct, the judges | 11 |
| shall
set down the results, in figures, in an adjoining column | 12 |
| or line provided upon
the tally
sheets for that purpose, which | 13 |
| shall be directly opposite or below the line for
recording the | 14 |
| votes on split and scratched ballots and shall read "candidates
| 15 |
| total vote". One of the tally judges shall announce in a loud | 16 |
| voice to the
other judges the total number of votes received by | 17 |
| and counted for each
candidate.
| 18 |
| Nothing in this Section shall be construed to authorize or | 19 |
| permit canvassing,
counting, or tallying ballots with any less | 20 |
| degree of strictness
than otherwise required by law. The | 21 |
| intention of this Section is to dispense
with the individual | 22 |
| tally marks only so far as the so-called "straight tickets"
are | 23 |
| concerned. All other operations of tallying, counting, | 24 |
| canvassing, and
announcing the votes shall proceed as near as | 25 |
| may be in accordance with the
other provisions of this Code. | 26 |
| Tally sheets and certificates may be prepared in
book form or |
|
|
|
09500HB2673ham001 |
- 9 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| in accordion folds.
| 2 |
| (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
| 3 |
| Sec. 17-21. When the votes shall have been examined and | 4 |
| counted, the judges
shall set down on a sheet or return form to | 5 |
| be supplied to them, the name of
every person voted for, | 6 |
| written or printed at full length, the office
for which such | 7 |
| person received such votes, and the number he did receive , | 8 |
| including the number of straight votes and the number of split | 9 |
| votes,
and such additional information as is necessary to | 10 |
| complete, as nearly
as circumstances will admit, the following | 11 |
| form, to-wit:
| 12 |
| TALLY SHEET AND CERTIFICATE OF
| 13 |
| RESULTS
| 14 |
| We do hereby certify that at the .... election held in the | 15 |
| precinct
hereinafter (general or special) specified on the .... | 16 |
| day of ...., in
the year .... of our Lord, one thousand nine | 17 |
| hundred and .... , a total of
.... voters requested and received | 18 |
| ballots and we do further certify:
| 19 |
| Number of blank ballots delivered to us ....
| 20 |
| Number of absentee ballots delivered to us ....
| 21 |
| Total number of ballots delivered to us ....
| 22 |
| Number of blank and spoiled ballots returned.
| 23 |
| (1) Total number of ballots cast (in box)....
| 24 |
| .... Straight Republican ballots cast
| 25 |
| .... Straight Democratic ballots cast
|
|
|
|
09500HB2673ham001 |
- 10 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| .... Straight ballots cast for any other established | 2 |
| political party | 3 |
| .... Split ballots cast
| 4 |
| .... Defective and Objected To ballots sealed in envelope
| 5 |
| (2) .... Total number of ballots cast (in box)
| 6 |
| Line (2) equals line (1)
| 7 |
| We further certify that each of the candidates for | 8 |
| representative in
the General Assembly received the number of | 9 |
| votes ascribed to him on the
separate tally sheet.
| 10 |
| We further certify that each candidate received the number | 11 |
| of votes
set forth opposite his name or in the box containing | 12 |
| his name on the
tally sheet contained in the page or pages | 13 |
| immediately following our
signatures.
| 14 |
| The undersigned actually served as judges and counted the | 15 |
| ballots at
the election on the .... day of .... in the .... | 16 |
| precinct of the (1)
*township of ...., or (2) *City of ...., or | 17 |
| (3) *.... ward in the city
of .... and the polls were opened at | 18 |
| 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
| 19 |
| *Fill in either (1), (2) or (3)
| 20 |
| A B, ....(Address)
| 21 |
| C D, ....(Address)
| 22 |
| E F, ....(Address)
| 23 |
| G H, ....(Address)
| 24 |
| I J, ....(Address)
| 25 |
| The State Board of Elections shall develop a tally sheet |
|
|
|
09500HB2673ham001 |
- 11 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| form for use under this Section.
| 2 |
| Each tally sheet shall be in substantially one of the | 3 |
| following forms:
| 4 |
| -------------------------------------------------------------
|
|
5 | | |
|
|
|
Candidate's |
| | | |
| 6 | | | | | | | | | |
|
7 | | Name of |
Candidates |
|
|
Total |
| | | |
|
8 | | office |
Names |
|
|
Vote |
5 |
10 |
15 |
20 |
|
9 | | -- |
|
10 | | United |
John Smith |
|
|
77 |
|
|
11 |
|
|
11 | | States |
| | | | | | | |
|
12 | | Senator |
| | | | | | | |
|
13 | | -- |
|
14 | | -- |
|
15 | | | Names of candidates | | | | |
|
16 | | Name of | and total vote | | | | |
|
17 | | office | | for each | | | 5 | 10 | 15 | 20 |
|
18 | | -- |
|
19 | | For United | John Smith | | | | | |
|
20 | | States | | | | | | |
|
21 | | Senator | | | | | | |
|
22 | | | Total Vote ... | .............. | | | | |
|
23 | | -- |
|
24 |
| (Source: P.A. 89-700, eff. 1-17-97 .)
| 25 |
| (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
|
|
|
|
09500HB2673ham001 |
- 12 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| Sec. 18-9. The judges of election shall first count the | 2 |
| whole number
of ballots in the box. If the ballots shall be | 3 |
| found to exceed the
number of applications for ballot, they | 4 |
| shall reject the ballots, if
any, found folded inside of a | 5 |
| ballot. And if the ballots and the
applications for ballot | 6 |
| still do not agree after such rejection, the
ballots shall be | 7 |
| replaced in the box and the box closed and well shaken,
and | 8 |
| again opened; and one of the judges shall publicly draw out so | 9 |
| many
ballots unopened as shall be equal to such excess. Such | 10 |
| excess ballots
shall be marked "Excess-Not Counted" and signed | 11 |
| by a majority of judges
and shall be placed in the "After 6:00 | 12 |
| p.m. Defective Ballots Envelope".
The number of excess ballots | 13 |
| shall be noted in the remarks section of
the Certificate of | 14 |
| Results. "Excess" ballots shall not
be counted in the total of | 15 |
| "defective" ballots. And the ballots and
applications for | 16 |
| ballot being made to agree in this way, the judges
shall | 17 |
| proceed to count the votes in the following manner: The judges
| 18 |
| shall open the ballots and place those which contain the same | 19 |
| names
together, so that the several kinds shall be in separate | 20 |
| piles or on
separate files. Each of the judges shall examine | 21 |
| the separate files
which are, or are supposed to be, alike, and | 22 |
| exclude from such files any
which may have a name or an | 23 |
| erasure, or in any manner shall be different
from the others of | 24 |
| such file. One of the judges shall then take one file
of the | 25 |
| kind of ballots which contain the same names, and count them by
| 26 |
| tens, carefully examining each name on each of the ballots. |
|
|
|
09500HB2673ham001 |
- 13 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| Such judge
shall then pass the ten ballots aforesaid to the | 2 |
| judge sitting next to
him, who shall count them in the same | 3 |
| manner, who shall then pass them
to a third judge, who shall | 4 |
| also count them in the same manner. Then the
third judge shall | 5 |
| call the names of the persons named in the ten
ballots, and the | 6 |
| offices for which they are designated, and 2 of the
judges, who | 7 |
| did not assist in the counting shall tally ten votes for
each | 8 |
| of such persons, except as herein otherwise provided. When the
| 9 |
| judges shall have gone through such file of ballots, containing | 10 |
| the same
names, and shall count them by tens in the same way, | 11 |
| and shall call the
names of the persons named in the ballots | 12 |
| and the office for which they
are designated, the tally judges | 13 |
| shall tally the votes by tens for each
of such persons in the | 14 |
| same manner as in the first instance. When the
counting of each | 15 |
| file of ballots which contain the same names shall be
| 16 |
| completed, the tally judges shall compare their tallies | 17 |
| together and
ascertain the total number of ballots of that kind | 18 |
| so canvassed; and
when they agree upon the number, one of them | 19 |
| shall announce it in a loud
voice to the other judges. The | 20 |
| judges shall then canvass the other kinds
of ballots which do | 21 |
| not correspond, those containing names partly from
one kind of | 22 |
| ballots and partly from another, being those from which the
| 23 |
| name of the person proper to be voted for on such ballots has | 24 |
| been
omitted or erased, usually called "scratched tickets". | 25 |
| They shall be
canvassed separately by one of the judges sitting | 26 |
| between 2 other
judges, which judge shall call each name to the |
|
|
|
09500HB2673ham001 |
- 14 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| tally judges and the
office for which it is designated, and the | 2 |
| other judges looking at the
ballot at the same time, and the | 3 |
| tally judges making tally of the same.
When all the ballots | 4 |
| have been canvassed in this manner, the tally
judges shall | 5 |
| compare their tallies together, and ascertain the total
number | 6 |
| of votes received by each candidate and when they agree upon | 7 |
| the
numbers one of them shall announce in a loud voice to the | 8 |
| judges the
number of votes received by each candidate on each | 9 |
| of the kinds of
ballots containing his name, the number | 10 |
| received by him on the straight and
scratch tickets, and the | 11 |
| total number of votes received by him. The
provisions of | 12 |
| Section 17-19a shall apply to the tallying of votes on straight
| 13 |
| tickets.
| 14 |
| The votes for the offices of Governor and Lieutenant | 15 |
| Governor shall
be counted and tallied jointly.
| 16 |
| Where voting machines or electronic voting systems are | 17 |
| used, the
provisions of this section may be modified as | 18 |
| required or authorized by
Article 24 or Article 24A, whichever | 19 |
| is applicable.
| 20 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 21 |
| (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
| 22 |
| Sec. 22-15.1. (a) Within 60 days following the canvass
of | 23 |
| the general election within each election jurisdiction, the | 24 |
| election
authority shall
prepare, in typewritten or legible | 25 |
| computer-generated form, a report of the
abstracts of votes by |
|
|
|
09500HB2673ham001 |
- 15 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| precinct for all offices and
questions of public policy in | 2 |
| connection with which votes were cast within
the election | 3 |
| jurisdiction at the general election. The report shall
include | 4 |
| the total number of ballots cast within each precinct or ward , | 5 |
| and the
total
number of registered voters within each precinct | 6 |
| or ward , and, in those election
jurisdictions in which | 7 |
| electronic voting systems are used, the total number of
| 8 |
| straight-party ballots cast at the general election . The | 9 |
| election
authority shall provide a copy of the report to the | 10 |
| chairman of the county
central committee of each established | 11 |
| political party in the county within
which the election | 12 |
| jurisdiction is contained, and shall make a reasonable
number | 13 |
| of copies of the report available for distribution to the | 14 |
| public.
| 15 |
| (b) Within 60 days after the effective date of this | 16 |
| amendatory Act of
1985, each election authority shall prepare, | 17 |
| in typewritten or legible
computer-generated form, a report of | 18 |
| the type required
by subsection (a) concerning the general | 19 |
| election of 1984. The election
authority shall provide a copy | 20 |
| of the report to the chairman of the county
central committee | 21 |
| of each established political party in the county in
which the | 22 |
| election jurisdiction is contained, and shall make a reasonable
| 23 |
| number of copies of the report available for distribution to | 24 |
| the public.
| 25 |
| (c) An election authority may charge a fee to reimburse the | 26 |
| actual cost
of duplicating each copy of a report provided |
|
|
|
09500HB2673ham001 |
- 16 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| pursuant to subsection (a) or
(b).
| 2 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 3 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| 4 |
| Sec. 24-1. The election authority in all jurisdictions when | 5 |
| voting machines
are used shall, except as otherwise provided in | 6 |
| this Code,
provide a voting machine or voting
machines for any | 7 |
| or all of the election precincts or election districts,
as the | 8 |
| case may be, for which the election authority is by law charged | 9 |
| with the
duty of conducting an election or
elections.
A voting | 10 |
| machine or machines sufficient in number to provide a machine | 11 |
| for each
400 voters or fraction thereof shall be supplied for | 12 |
| use at all
elections. However, no such voting machine shall be | 13 |
| used,
purchased, or adopted, and no person or entity may have a | 14 |
| written contract, including a contract contingent upon | 15 |
| certification of the voting machines, to sell, lease, or loan | 16 |
| voting machines to an election authority, until the board of | 17 |
| voting machine commissioners
hereinafter provided for, or a | 18 |
| majority thereof, shall have made and
filed a report certifying | 19 |
| that they have examined such machine; that it
affords each | 20 |
| elector an opportunity to vote in absolute secrecy; that it
| 21 |
| enables each elector to vote a straight-party ticket; that it
| 22 |
| enables
each elector to vote a ticket selected in part from the | 23 |
| nominees of one
party, and in part from the nominees of any or | 24 |
| all other parties, and in
part from independent nominees | 25 |
| printed in the columns of candidates for
public office, and in |
|
|
|
09500HB2673ham001 |
- 17 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| part of persons not in nomination by any party or
upon any | 2 |
| independent ticket; that it enables each elector to vote a
| 3 |
| written or printed ballot of his own selection, for any person | 4 |
| for any
office for whom he may desire to vote; that it enables | 5 |
| each elector to
vote for all candidates for whom he is entitled | 6 |
| to vote, and prevents
him from voting for any candidate for any | 7 |
| office more than once, unless
he is lawfully entitled to cast | 8 |
| more than one vote for one candidate,
and in that event permits | 9 |
| him to cast only as many votes for that
candidate as he is by | 10 |
| law entitled, and no more; that it prevents the
elector from | 11 |
| voting for more than one person for the same office, unless
he | 12 |
| is lawfully entitled to vote for more than one person therefor, | 13 |
| and
in that event permits him to vote for as many persons for | 14 |
| that office as
he is by law entitled, and no more; that it | 15 |
| identifies when an elector has not voted for all statewide | 16 |
| constitutional offices; and that such machine will register
| 17 |
| correctly by means of exact counters every vote cast for the | 18 |
| regular
tickets thereon; and has the capacity to contain the | 19 |
| tickets of at least
5 political parties with the names of all | 20 |
| the candidates thereon,
together with all propositions in the | 21 |
| form provided by law, where such
form is prescribed, and where | 22 |
| no such provision is made for the form
thereof, then in brief | 23 |
| form, not to exceed 75 words; that all votes cast
on the | 24 |
| machine on a regular ballot or ballots shall be registered; | 25 |
| that
voters may, by means of irregular ballots or otherwise | 26 |
| vote for any
person for any office, although such person may |
|
|
|
09500HB2673ham001 |
- 18 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| not have been nominated
by any party and his name may not | 2 |
| appear on such machine; that when a
vote is cast for any person | 3 |
| for any such office, when his name does not
appear on the | 4 |
| machine, the elector cannot vote for any other name on the
| 5 |
| machine for the same office; that each elector can, | 6 |
| understandingly and
within the period of 4 minutes cast his | 7 |
| vote for all candidates of his
choice; that the machine is so | 8 |
| constructed that the candidates for
presidential electors of | 9 |
| any party can be voted for only by voting for
the ballot label | 10 |
| containing a bracket within which are the names of the
| 11 |
| candidates for President and Vice-President of the party or | 12 |
| group; that
the machine is provided with a lock or locks by the | 13 |
| use of which any
movement of the voting or registering | 14 |
| mechanism is absolutely prevented
so that it cannot be tampered | 15 |
| with or manipulated for any purpose; that
the machine is | 16 |
| susceptible of being closed during the progress of the
voting | 17 |
| so that no person can see or know the number of votes | 18 |
| registered
for any candidate; that each elector is permitted to | 19 |
| vote for or against
any question, proposition or amendment upon | 20 |
| which he is entitled to
vote, and is prevented from voting for | 21 |
| or against any question,
proposition or amendment upon which he | 22 |
| is not entitled to vote; that the
machine is capable of | 23 |
| adjustment by the election authority,
so as to permit
the | 24 |
| elector, at a party primary election, to vote only for the
| 25 |
| candidates seeking nomination by the political party in which | 26 |
| primary he
is entitled to vote: Provided, also that no such |
|
|
|
09500HB2673ham001 |
- 19 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| machine or machines
shall be purchased, unless the party or | 2 |
| parties making the sale shall
guarantee in writing to keep the | 3 |
| machine or machines in good working
order for 5 years without | 4 |
| additional cost and shall give a sufficient
bond conditioned to | 5 |
| that effect.
| 6 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 7 |
| (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
| 8 |
| Sec. 24A-5.1.
For the instruction of voters on election | 9 |
| day, the election official in
charge of the election shall | 10 |
| provide at each polling place one
instruction-model electronic | 11 |
| voting system marking device. Each such
instruction-model | 12 |
| shall show the arrangement of party rows, office columns
and | 13 |
| questions. Such model shall be located at a place which voters | 14 |
| must
pass to reach the official marking device used in the | 15 |
| actual casting of
votes.
| 16 |
| Before entering the voting booth each voter shall be | 17 |
| offered instruction
in the operation of the marking device by | 18 |
| use of the instruction-model and
the voter shall be given ample | 19 |
| opportunity to operate the model by himself.
In instructing | 20 |
| voters, no precinct official may show partiality to any
| 21 |
| political party , and when instructing a voter on how to vote a | 22 |
| straight
ticket for one political party the precinct official | 23 |
| shall at the same time
instruct the voter how to vote a | 24 |
| straight ticket for any other political
party that appears on | 25 |
| the ballot label .
The duties of instruction shall be
discharged |
|
|
|
09500HB2673ham001 |
- 20 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| by a judge from each of the political parties represented and
| 2 |
| they shall alternate serving as instructor so that each judge | 3 |
| shall serve a
like time at such duties. No instructions may be | 4 |
| given after the voter has
entered the voting booth.
| 5 |
| No precinct official, or person assisting a voter may in | 6 |
| any manner
request, suggest, or seek to persuade or induce any | 7 |
| voter to cast his vote
for any particular ticket, candidate, | 8 |
| amendment, question or proposition.
All instructions shall be | 9 |
| given by precinct officials in such a manner that
it may be | 10 |
| observed by other persons in the polling place.
| 11 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 12 |
| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
| 13 |
| Sec. 24A-6. The ballot information, whether placed on the | 14 |
| ballot or
on the marking device, shall, as far as practicable, | 15 |
| be in the order of
arrangement provided for paper ballots, | 16 |
| except that such information may
be in vertical or horizontal | 17 |
| rows, or in a number of separate pages.
Ballots for all | 18 |
| questions or propositions to be voted on must be
provided in | 19 |
| the same manner and must be arranged on or in the marking
| 20 |
| device or on the ballot sheet in the places provided for such | 21 |
| purposes.
| 22 |
| When an electronic voting system utilizes a ballot label | 23 |
| booklet and
ballot card, ballots for candidates, ballots | 24 |
| calling for a
constitutional convention, constitutional | 25 |
| amendment ballots, judicial
retention ballots, public |
|
|
|
09500HB2673ham001 |
- 21 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| measures, and all propositions to be voted
upon may be placed | 2 |
| on the electronic voting device by providing in the
ballot | 3 |
| booklet separate ballot label pages or series of pages
| 4 |
| distinguished by differing colors as provided below. When an | 5 |
| electronic
voting system utilizes a ballot sheet, ballots | 6 |
| calling for a constitutional
convention, constitutional | 7 |
| amendment ballots and judicial retention ballots
shall be | 8 |
| placed on the ballot sheet by providing a separate portion of | 9 |
| the
ballot sheet for each such kind of ballot which shall be | 10 |
| printed in ink
of a color distinct from the color of ink used | 11 |
| in printing any other portion
of the ballot sheet. Ballots for | 12 |
| candidates, public measures and all other
propositions to be | 13 |
| voted upon shall be placed on the ballot sheet by providing
a | 14 |
| separate portion of the ballot sheet for each such kind of | 15 |
| ballot. Whenever a person has submitted a declaration of intent | 16 |
| to be a write-in candidate as required in Sections 17-16.1 and | 17 |
| 18-9.1,
a line
on which the name of a candidate may be written | 18 |
| by the voter shall be printed below the name of the last | 19 |
| candidate nominated for such office, and immediately
to the | 20 |
| left of such line an area shall be provided for marking a vote | 21 |
| for
such write-in candidate. The number of write-in lines for | 22 |
| an office shall equal the number of persons who have filed | 23 |
| declarations of intent to be write-in candidates plus an | 24 |
| additional line or lines for write-in candidates who qualify to | 25 |
| file declarations to be write-in candidates under Sections | 26 |
| 17-16.1 and 18-9.1 when the certification of ballot contains |
|
|
|
09500HB2673ham001 |
- 22 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| the words "OBJECTION PENDING" next to the name of the | 2 |
| candidate, up to the number of candidates for which a voter may | 3 |
| vote. More than one amendment to the constitution may
be placed | 4 |
| on the same ballot page or series of pages or on the same | 5 |
| portion
of the ballot sheet, as the case may be. Ballot label | 6 |
| pages for
constitutional conventions or constitutional | 7 |
| amendments shall be on paper
of blue color and shall precede | 8 |
| all other ballot label pages in the ballot
label booklet. More | 9 |
| than one public measure or proposition may be placed
on the | 10 |
| same ballot label page or series of pages or on the same | 11 |
| portion of
the ballot sheet, as the case may be. More than one | 12 |
| proposition for
retention of judges in office may be placed on | 13 |
| the same ballot label page
or series of pages or on the same | 14 |
| portion of the ballot sheet, as the case
may be. Ballot label | 15 |
| pages for candidates shall be on paper of white
color, except | 16 |
| that in primary elections the ballot label page or pages for
| 17 |
| the candidates of each respective political party shall be of | 18 |
| the color
designated by the election official in charge of the | 19 |
| election for that
political party's candidates; provided that | 20 |
| the ballot label pages or pages
for candidates for use at the | 21 |
| nonpartisan and consolidated elections may be
on paper of | 22 |
| different colors, except blue, whenever necessary or desirable
| 23 |
| to facilitate distinguishing between the pages for different | 24 |
| political
subdivisions. Except as provided in Section 16-4.1, | 25 |
| in elections where
provision is made for straight-party voting | 26 |
| by marking a party circle,
the designation of the political |
|
|
|
09500HB2673ham001 |
- 23 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| parties for straight-party voting shall
be on a separate page | 2 |
| on which no names of candidates shall appear,
except no | 3 |
| straight-party circle shall be necessary for any special | 4 |
| election
not conducted on a regularly scheduled election day. | 5 |
| However, such page shall be of the same color as the pages
| 6 |
| containing the names of candidates for office. On each | 7 |
| succeeding page
of
the candidate booklet, where the election is | 8 |
| made to list ballot
information vertically, the party | 9 |
| affiliation of each candidate or the word
"independent" shall | 10 |
| appear immediately to the left of the candidate's
name, and the | 11 |
| name of candidates for the same office shall be listed
| 12 |
| vertically under the title of that office. In the case of | 13 |
| nonpartisan
elections for officers of political subdivisions, | 14 |
| unless the statute or
an ordinance adopted pursuant to Article | 15 |
| VII of the Constitution
requires otherwise, the listing of such | 16 |
| nonpartisan candidates shall not
include any party or | 17 |
| "independent" designation. Ballot label pages for
judicial | 18 |
| retention ballots shall be on paper of green color, and ballot
| 19 |
| label pages for all public measures and other propositions | 20 |
| shall be on
paper of some other distinct and different color. | 21 |
| In primary elections,
a separate ballot label booklet, marking | 22 |
| device and voting booth shall
be used for each political party | 23 |
| holding a primary, with the ballot
label booklet arranged to | 24 |
| include ballot label pages of the candidates
of the party and | 25 |
| public measures and other propositions to be voted upon
on the | 26 |
| day of the primary election. One ballot card may be used for
|
|
|
|
09500HB2673ham001 |
- 24 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| recording the voter's vote or choice on all such ballots, | 2 |
| proposals,
public measures or propositions, and such ballot | 3 |
| card shall be arranged
so as to record the voter's vote or | 4 |
| choice in a separate column or
columns for each such kind of | 5 |
| ballot, proposal, public measure or
proposition.
| 6 |
| If the ballot label booklet includes both candidates for | 7 |
| office and
public measures or propositions to be voted on, the | 8 |
| election official in
charge of the election shall divide the | 9 |
| pages by protruding tabs
identifying the division of the pages, | 10 |
| and printing on such tabs
"Candidates" and "Propositions".
| 11 |
| The ballot card and all of its columns and the ballot card | 12 |
| envelope
shall be of the color prescribed for candidate's | 13 |
| ballots at the general
or primary election, whichever is being | 14 |
| held. At an election where no
candidates are being nominated or | 15 |
| elected, the ballot card, its columns,
and the ballot card | 16 |
| envelope shall be of a color designated by the election
| 17 |
| official in charge of the election.
| 18 |
| The ballot cards, ballot card envelopes and ballot sheets | 19 |
| may, at the
discretion of the election authority, be printed on | 20 |
| white paper and then
striped with the appropriate colors.
| 21 |
| When ballot sheets are used, the various portions thereof | 22 |
| shall be arranged
to conform to the foregoing format.
| 23 |
| Absentee ballots may consist of ballot cards, envelopes, | 24 |
| paper ballots
or ballot sheets voted in person in the office of | 25 |
| the election official in
charge of the election or voted by | 26 |
| mail. Where a ballot card is used for
voting by mail it must be |
|
|
|
09500HB2673ham001 |
- 25 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| accompanied by a punching tool or other
appropriate marking | 2 |
| device, voter instructions and a specimen ballot
showing the | 3 |
| proper positions to vote on the ballot card or ballot sheet for
| 4 |
| each party, candidate, proposal, public measure or | 5 |
| proposition, and in the
case of a ballot card must be mounted | 6 |
| on a suitable material to receive the
punched out chip.
| 7 |
| Any voter who spoils his ballot or makes an error may | 8 |
| return the
ballot to the judges of election and secure another. | 9 |
| However, the
protruding identifying tab for proposals for a | 10 |
| constitutional convention
or constitutional amendments shall | 11 |
| have printed thereon "Constitutional
Ballot", and the ballot | 12 |
| label page or pages for such proposals shall
precede the ballot | 13 |
| label pages for candidates in the ballot label
booklet.
| 14 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 15 |
| (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| 16 |
| Sec. 24A-15. The precinct return printed by the automatic | 17 |
| tabulating
equipment shall include the number of ballots cast , | 18 |
| straight-party
tickets,
and votes cast for each candidate and | 19 |
| proposition and shall constitute the
official return of each | 20 |
| precinct. Every ballot on which the voter has cast a
vote for | 21 |
| all candidates of one party and no votes for any other | 22 |
| candidates
shall be reported as a straight-party ticket, and | 23 |
| all other ballots shall be
reported as split tickets. In | 24 |
| addition to the precinct return, the
election authority shall | 25 |
| provide the number of applications for ballots
in each |
|
|
|
09500HB2673ham001 |
- 26 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| precinct, the write-in votes, the total number of ballots | 2 |
| counted in
each precinct for each political subdivision and | 3 |
| district and the number
of registered voters in each precinct. | 4 |
| However, the election authority
shall check the totals shown by | 5 |
| the precinct return and, if there is an
obvious discrepancy | 6 |
| with respect to the total number of votes cast in any
precinct, | 7 |
| shall have the ballots for such precinct retabulated to correct
| 8 |
| the return. The procedures for retabulation shall apply prior | 9 |
| to and
after the proclamation is completed; however, after the | 10 |
| proclamation of
results, the election authority must obtain a | 11 |
| court order to unseal voted
ballots except for election | 12 |
| contests and discovery recounts.
In those election | 13 |
| jurisdictions that utilize in-precinct counting
equipment, the | 14 |
| certificate of results, which has been prepared by the
judges | 15 |
| of election after the ballots have been
tabulated, shall be the | 16 |
| document used for the canvass of votes for such
precinct. | 17 |
| Whenever a discrepancy exists during the canvass of votes
| 18 |
| between the unofficial results and the certificate of results, | 19 |
| or whenever
a discrepancy exists during the canvass of votes | 20 |
| between the certificate of
results and the set of totals which | 21 |
| has been affixed to such certificate of
results, the ballots | 22 |
| for such precinct shall be retabulated to correct the
return. | 23 |
| As an additional part of this check prior to the proclamation, | 24 |
| in
those jurisdictions where in-precinct counting equipment is | 25 |
| utilized, the
election authority shall retabulate the total | 26 |
| number of votes cast in 5% of
the precincts within the election |
|
|
|
09500HB2673ham001 |
- 27 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| jurisdiction. The precincts to be
retabulated shall be selected | 2 |
| after election day on a random basis by the
State Board of | 3 |
| Elections, so that every precinct in the election jurisdiction | 4 |
| has
an equal mathematical chance of being selected. The State | 5 |
| Board of
Elections shall design a standard and scientific | 6 |
| random method of selecting
the precincts which are to be | 7 |
| retabulated. The State central committee
chairman of each | 8 |
| established political party shall be given prior written notice | 9 |
| of the time and place of
such random selection procedure and | 10 |
| may be represented at such procedure.
Such retabulation shall | 11 |
| consist of counting the ballot cards which were
originally | 12 |
| counted and shall not involve any determination as to which
| 13 |
| ballot cards were, in fact, properly counted. The ballots from | 14 |
| the
precincts selected for such retabulation shall remain at | 15 |
| all times under
the custody and control of the election | 16 |
| authority and shall be transported
and retabulated by the | 17 |
| designated staff of the election authority.
| 18 |
| As part of such retabulation, the election authority shall | 19 |
| test the
computer program in the selected precincts. Such test
| 20 |
| shall be conducted by processing a preaudited group of ballots | 21 |
| so punched
so as to record a predetermined number of valid | 22 |
| votes for each candidate
and on each public question, and shall | 23 |
| include for each office one or more
ballots which have votes in | 24 |
| excess of the number allowed by law in order
to test the | 25 |
| ability of the equipment to reject such votes. If any error
is | 26 |
| detected, the cause therefor shall be ascertained and corrected |
|
|
|
09500HB2673ham001 |
- 28 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| and an
errorless count shall be made prior to the official | 2 |
| canvass and proclamation
of election results.
| 3 |
| The State Board of Elections, the State's Attorney and | 4 |
| other appropriate
law enforcement agencies, the county | 5 |
| chairman of each established political
party and qualified | 6 |
| civic organizations shall be given prior written notice
of the | 7 |
| time and place of such retabulation and may be represented at | 8 |
| such
retabulation.
| 9 |
| The results of this retabulation shall be treated in the | 10 |
| same manner and
have the same effect as the results of the | 11 |
| discovery procedures set forth
in Section 22-9.1 of this Act. | 12 |
| Upon completion of the retabulation, the
election authority | 13 |
| shall print a comparison of the results of the
retabulation | 14 |
| with the original precinct return printed by the automatic
| 15 |
| tabulating equipment. Such comparison shall be done for each | 16 |
| precinct and
for each office voted upon within that precinct, | 17 |
| and the comparisons shall
be open to the public.
| 18 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 19 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| 20 |
| Sec. 24A-16. The State Board of Elections shall approve all | 21 |
| voting
systems provided by this Article. | 22 |
| No voting system shall be approved
unless it fulfills the | 23 |
| following requirements:
| 24 |
| (1) It enables a voter to vote in absolute secrecy;
| 25 |
| (2) It enables a voter to vote a straight-party ticket |
|
|
|
09500HB2673ham001 |
- 29 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| (Blank) ;
| 2 |
| (3) It enables a voter to vote a ticket selected in | 3 |
| part from the
nominees of one party, and in part from the | 4 |
| nominees of any or all parties,
and in part from | 5 |
| independent candidates and in part of candidates whose
| 6 |
| names are written in by the voter;
| 7 |
| (4) It enables a voter to vote a written or printed | 8 |
| ticket of his own
selection for any person for any office | 9 |
| for whom he may desire to vote;
| 10 |
| (5) It will reject all votes for an office or upon a | 11 |
| proposition when
the voter has cast more votes for such | 12 |
| office or upon such proposition than
he is entitled to | 13 |
| cast;
| 14 |
| (5.5) It will identify when a voter has not voted for | 15 |
| all statewide constitutional offices;
| 16 |
| (6) It will accommodate all propositions to be | 17 |
| submitted to the voters
in the form provided by law or, | 18 |
| where no such form is provided, then in
brief form, not to | 19 |
| exceed 75 words.
| 20 |
| The State Board of Elections shall not approve any voting | 21 |
| equipment or system that includes an external Infrared Data | 22 |
| Association (IrDA) communications port.
| 23 |
| The State Board of Elections is authorized to withdraw its | 24 |
| approval of a
voting system if the system fails to fulfill the | 25 |
| above requirements.
| 26 |
| The vendor, person, or other private entity shall be solely |
|
|
|
09500HB2673ham001 |
- 30 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| responsible for the production and cost of: all application | 2 |
| fees; all ballots; additional temporary workers; and other | 3 |
| equipment or facilities needed and used in the testing of the | 4 |
| vendor's, person's, or other private entity's respective | 5 |
| equipment and software.
| 6 |
| Any voting system vendor, person, or other private entity | 7 |
| seeking the State Board of Elections' approval of a voting | 8 |
| system shall, as part of the approval application, submit to | 9 |
| the State Board a non-refundable fee. The State Board of | 10 |
| Elections by rule shall establish an appropriate fee structure, | 11 |
| taking into account the type of voting system approval that is | 12 |
| requested (such as approval of a new system, a modification of | 13 |
| an existing system, the size of the modification, etc.). No | 14 |
| voting system or modification of a voting system shall be | 15 |
| approved unless the fee is paid.
| 16 |
| No vendor, person, or other entity may sell, lease, or | 17 |
| loan, or have a written contract, including a contract | 18 |
| contingent upon State Board approval of the voting system or | 19 |
| voting system component, to sell, lease, or loan, a voting
| 20 |
| system or voting system component to any election jurisdiction | 21 |
| unless the
voting system or voting system component is first | 22 |
| approved by the State
Board of Elections pursuant to this | 23 |
| Section.
| 24 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 25 |
| (10 ILCS 5/24B-5.1)
|
|
|
|
09500HB2673ham001 |
- 31 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| Sec. 24B-5.1. Instruction of Voters; Instruction
Model; | 2 |
| Partiality to Political Party; Manner of Instruction.
Before | 3 |
| entering the voting booth each voter shall be offered
| 4 |
| instruction in the marking of the Precinct Tabulation Optical
| 5 |
| Scan Technology ballot sheet. In instructing voters, no | 6 |
| precinct
official may show partiality to any political party , | 7 |
| and when instructing a
voter on how to vote a straight ticket | 8 |
| for one political party the precinct
official shall at the same | 9 |
| time instruct the voter how to vote a straight
ticket for any | 10 |
| other political party that appears on the ballot label . The
| 11 |
| duties of
instruction shall be discharged by a judge from each | 12 |
| of the
political parties represented and they shall alternate | 13 |
| serving as
instructor so that each judge shall serve a like | 14 |
| time at such
duties. No instructions may be given after the | 15 |
| voter has entered
the voting booth.
| 16 |
| No precinct official, or person assisting a voter may in | 17 |
| any
manner request, suggest, or seek to persuade or induce any | 18 |
| voter
to cast his or her vote for any particular ticket, | 19 |
| candidate, amendment,
question or proposition. All | 20 |
| instructions shall be given by
precinct officials in a manner | 21 |
| that it may be observed by
other persons in the polling place.
| 22 |
| (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
| 23 |
| (10 ILCS 5/24B-6)
| 24 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 25 |
| Precinct
Tabulation Optical Scan Technology Voting System; |
|
|
|
09500HB2673ham001 |
- 32 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 2 |
| shall, as far
as practicable, be in the order of arrangement | 3 |
| provided for paper
ballots, except that the information may be | 4 |
| in vertical or
horizontal rows, or on a number of separate | 5 |
| pages or displays on the marking
device. Ballots for
all | 6 |
| questions or propositions to be voted on should be provided
in | 7 |
| a similar manner and must be arranged on the ballot sheet or | 8 |
| marking
device in
the places provided for such purposes. | 9 |
| Ballots shall be of white
paper unless provided otherwise by | 10 |
| administrative rule of the State Board of
Elections or | 11 |
| otherwise specified.
| 12 |
| All propositions, including but not limited to | 13 |
| propositions
calling for a constitutional convention, | 14 |
| constitutional
amendment, judicial retention, and public | 15 |
| measures to be voted
upon shall be placed on separate portions | 16 |
| of the ballot sheet or marking
device by
utilizing borders or | 17 |
| grey screens. Candidates shall be listed on
a separate portion | 18 |
| of the ballot sheet or marking device by utilizing
borders or
| 19 |
| grey screens. Whenever a person has submitted a declaration of | 20 |
| intent to be a write-in candidate as required in Sections | 21 |
| 17-16.1 and 18-9.1,
a line or lines on which the voter
may | 22 |
| select a
write-in candidate shall be printed below the name of | 23 |
| the last candidate nominated for such office. Such line or | 24 |
| lines shall be proximate to an area provided for marking
votes | 25 |
| for the write-in candidate or
candidates. The number of | 26 |
| write-in lines for an office shall equal the number
of persons |
|
|
|
09500HB2673ham001 |
- 33 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| who have filed declarations of intent to be write-in candidates | 2 |
| plus an additional line or lines for write-in candidates who | 3 |
| qualify to file declarations to be write-in candidates under | 4 |
| Sections 17-16.1 and 18-9.1 when the certification of ballot | 5 |
| contains the words "OBJECTION PENDING" next to the name of that | 6 |
| candidate, up to the number of
candidates
for which a voter may | 7 |
| vote. More than one amendment to the constitution may be
placed | 8 |
| on the
same portion of the ballot sheet or marking device.
| 9 |
| Constitutional convention or constitutional amendment
| 10 |
| propositions shall be printed or displayed on a separate | 11 |
| portion of the
ballot
sheet or marking device and designated by | 12 |
| borders or grey screens, unless
otherwise
provided by | 13 |
| administrative rule of the State Board of Elections.
More than | 14 |
| one public measure or proposition may be placed on the
same | 15 |
| portion of the ballot sheet or marking device. More than
one | 16 |
| proposition for retention of judges in office may be placed
on | 17 |
| the same portion of the ballot sheet or marking device.
Names | 18 |
| of candidates shall be printed in black. The designation
of the | 19 |
| political parties for straight-party voting shall be in a
| 20 |
| special section of the ballot, except no means by which a voter
| 21 |
| can cast a straight-party vote shall be necessary for any | 22 |
| special
election not conducted on a regularly scheduled | 23 |
| election day. The party
affiliation of each candidate or the | 24 |
| word "independent" shall
appear near or under the candidate's | 25 |
| name, and the names of
candidates for the same office shall be | 26 |
| listed vertically under
the title of that office, on separate |
|
|
|
09500HB2673ham001 |
- 34 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| pages of the marking device, or as
otherwise approved by the | 2 |
| State Board of Elections. In the case of
nonpartisan elections
| 3 |
| for officers of political subdivisions, unless the statute or | 4 |
| an
ordinance adopted pursuant to Article VII of the | 5 |
| Constitution
requires otherwise, the listing of nonpartisan | 6 |
| candidates
shall not include any party or "independent" | 7 |
| designation.
Judicial retention
questions and ballot questions | 8 |
| for all public measures and other propositions
shall be | 9 |
| designated by borders or grey screens on the ballot or marking
| 10 |
| device.
In primary
elections, a separate ballot, or displays on | 11 |
| the marking device, shall be
used for each political
party | 12 |
| holding a primary, with the ballot or marking device arranged | 13 |
| to
include
names of the candidates of the party and public | 14 |
| measures and
other propositions to be voted upon on the day of | 15 |
| the primary
election.
| 16 |
| If the ballot includes both candidates for office and | 17 |
| public
measures or propositions to be voted on, the election | 18 |
| official in
charge of the election shall divide the ballot or | 19 |
| displays on the marking
device in sections for
"Candidates" and | 20 |
| "Propositions", or separate ballots may be used.
| 21 |
| Absentee ballots may consist of envelopes, paper ballots or
| 22 |
| ballot sheets voted in person in the office of the election
| 23 |
| official in charge of the election or voted by mail. Where a
| 24 |
| Precinct Tabulation Optical Scan Technology ballot is used for
| 25 |
| voting by mail it must be accompanied by voter instructions.
| 26 |
| Any voter who spoils his or her ballot, makes an error, or |
|
|
|
09500HB2673ham001 |
- 35 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| has a ballot
returned by the automatic tabulating equipment may | 2 |
| return
the ballot to the judges of election and get another | 3 |
| ballot.
| 4 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 5 |
| (10 ILCS 5/24B-15)
| 6 |
| Sec. 24B-15. Official Return of Precinct; Check of Totals; | 7 |
| Retabulation. The precinct return printed by the automatic
| 8 |
| Precinct Tabulation Optical Scan Technology tabulating | 9 |
| equipment
shall include the number of ballots cast , | 10 |
| straight-party tickets,
and votes cast for each candidate and | 11 |
| proposition and shall
constitute the official return of each | 12 |
| precinct. Every ballot on which the
voter has cast a vote for | 13 |
| all candidates of one party and no votes for any
other | 14 |
| candidates shall be reported as a straight-party ticket, and | 15 |
| all other
ballots shall be reported as split tickets. In | 16 |
| addition to the precinct
return, the election
authority shall | 17 |
| provide the number of applications for ballots in
each | 18 |
| precinct, the write-in votes, the total number of ballots
| 19 |
| counted in each precinct for each political subdivision and
| 20 |
| district and the number of registered voters in each precinct.
| 21 |
| However, the election authority shall check the totals shown by
| 22 |
| the precinct return and, if there is an obvious discrepancy | 23 |
| regarding
the total number of votes cast in any precinct, shall
| 24 |
| have the ballots for that precinct retabulated to correct the
| 25 |
| return.
The procedures for retabulation shall apply prior to |
|
|
|
09500HB2673ham001 |
- 36 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| and after the
proclamation is completed; however, after the | 2 |
| proclamation of results, the
election authority must obtain a | 3 |
| court order to unseal voted ballots except for
election | 4 |
| contests and discovery recounts.
In those election | 5 |
| jurisdictions that use in-precinct
counting equipment, the | 6 |
| certificate of results, which has been
prepared by the judges | 7 |
| of election after the
ballots have been tabulated, shall be the | 8 |
| document used for the
canvass of votes for such precinct. | 9 |
| Whenever a discrepancy
exists during the canvass of votes | 10 |
| between the unofficial results
and the certificate of results, | 11 |
| or whenever a discrepancy exists
during the canvass of votes | 12 |
| between the certificate of results
and the set of totals which | 13 |
| has been affixed to the certificate
of results, the ballots for | 14 |
| that precinct shall be retabulated to
correct the return. As an | 15 |
| additional part of this check prior to
the proclamation, in | 16 |
| those jurisdictions where in-precinct
counting equipment is | 17 |
| used, the election authority shall
retabulate the total number | 18 |
| of votes cast in 5% of the precincts
within the election | 19 |
| jurisdiction. The precincts to be
retabulated shall be selected | 20 |
| after election day on a random
basis by the State Board of | 21 |
| Elections, so that every precinct in the
election jurisdiction | 22 |
| has an equal mathematical chance of being
selected. The State | 23 |
| Board of Elections shall design a standard
and scientific | 24 |
| random method of selecting the precincts which are
to be | 25 |
| retabulated. The State central committee chairman of each | 26 |
| established political party
shall be given prior written notice
|
|
|
|
09500HB2673ham001 |
- 37 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| of the time and place of the random selection procedure and may
| 2 |
| be represented at the procedure. The retabulation shall
consist | 3 |
| of counting the ballots which were originally counted and
shall | 4 |
| not involve any determination of which ballots were, in
fact, | 5 |
| properly counted. The ballots from the precincts selected
for | 6 |
| the retabulation shall remain at all times under the custody
| 7 |
| and control of the election authority and shall be transported
| 8 |
| and retabulated by the designated staff of the election
| 9 |
| authority.
| 10 |
| As part of the retabulation, the election authority shall
| 11 |
| test the computer program in the selected precincts. The test
| 12 |
| shall be conducted by processing a preaudited group of ballots
| 13 |
| marked to record a predetermined number of valid votes for
each | 14 |
| candidate and on each public question, and shall include for
| 15 |
| each office one or more ballots which have votes in excess of | 16 |
| the
number allowed by law to test the ability of the
equipment | 17 |
| and the marking device to reject such votes. If any error is
| 18 |
| detected, the
cause shall be determined and corrected, and an
| 19 |
| errorless count shall be made prior to the official canvass and
| 20 |
| proclamation of election results.
| 21 |
| The State Board of Elections, the State's Attorney and | 22 |
| other
appropriate law enforcement agencies, the county | 23 |
| chairman of each
established political party and qualified | 24 |
| civic organizations
shall be given prior written notice of the | 25 |
| time and place of the
retabulation and may be represented at | 26 |
| the retabulation.
|
|
|
|
09500HB2673ham001 |
- 38 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| The results of this retabulation shall be treated in the
| 2 |
| same manner and have the same effect as the results of the
| 3 |
| discovery procedures set forth in Section 22-9.1 of this Code.
| 4 |
| Upon completion of the retabulation, the election authority | 5 |
| shall
print a comparison of the results of the retabulation | 6 |
| with the
original precinct return printed by the automatic | 7 |
| tabulating
equipment. The comparison shall be done for each | 8 |
| precinct and
for each office voted upon within that precinct, | 9 |
| and the
comparisons shall be open to the public. Upon | 10 |
| completion of the
retabulation, the returns shall be open to | 11 |
| the public.
| 12 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 13 |
| (10 ILCS 5/24B-16)
| 14 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| 15 |
| Technology Voting Systems; Requisites. The State Board of
| 16 |
| Elections shall approve all Precinct Tabulation Optical Scan
| 17 |
| Technology voting systems provided by this Article.
| 18 |
| No Precinct Tabulation Optical Scan Technology voting | 19 |
| system
shall be approved unless it fulfills the following | 20 |
| requirements:
| 21 |
| (a) It enables a voter to vote in absolute secrecy;
| 22 |
| (b) It enables a voter to vote a straight-party
ticket | 23 |
| (Blank) ;
| 24 |
| (c) It enables a voter to vote a ticket selected in | 25 |
| part
from the nominees of one party, and in part from the |
|
|
|
09500HB2673ham001 |
- 39 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| nominees of
any or all parties, and in part from | 2 |
| independent candidates, and
in part of candidates whose | 3 |
| names are written in by the voter;
| 4 |
| (d) It enables a voter to vote a written or printed | 5 |
| ticket
of his or her own selection for any person for any | 6 |
| office for whom he or she
may desire to vote;
| 7 |
| (e) It will reject all votes for an office or upon a
| 8 |
| proposition when the voter has cast more votes for the | 9 |
| office or
upon the proposition than he or she is entitled | 10 |
| to cast;
| 11 |
| (e-5) It will identify when a voter has not voted for | 12 |
| all statewide constitutional offices; and
| 13 |
| (f) It will accommodate all propositions to be | 14 |
| submitted to
the voters in the form provided by law or, | 15 |
| where no form is
provided, then in brief form, not to | 16 |
| exceed 75 words.
| 17 |
| The State Board of Elections shall not approve any voting | 18 |
| equipment or system that includes an external Infrared Data | 19 |
| Association (IrDA) communications port.
| 20 |
| The State Board of Elections is authorized to withdraw its
| 21 |
| approval of a Precinct Tabulation Optical Scan Technology | 22 |
| voting
system if the system fails to fulfill the above | 23 |
| requirements.
| 24 |
| The vendor, person, or other private entity shall be solely | 25 |
| responsible for the production and cost of: all application | 26 |
| fees; all ballots; additional temporary workers; and other |
|
|
|
09500HB2673ham001 |
- 40 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| equipment or facilities needed and used in the testing of the | 2 |
| vendor's, person's, or other private entity's respective | 3 |
| equipment and software.
| 4 |
| Any voting system vendor, person, or other private entity | 5 |
| seeking the State Board of Elections' approval of a voting | 6 |
| system shall, as part of the approval application, submit to | 7 |
| the State Board a non-refundable fee. The State Board of | 8 |
| Elections by rule shall establish an appropriate fee structure, | 9 |
| taking into account the type of voting system approval that is | 10 |
| requested (such as approval of a new system, a modification of | 11 |
| an existing system, the size of the modification, etc.). No | 12 |
| voting system or modification of a voting system shall be | 13 |
| approved unless the fee is paid.
| 14 |
| No vendor, person, or other entity may sell, lease, or | 15 |
| loan, or have a written contract, including a contract | 16 |
| contingent upon State Board approval of the voting system or | 17 |
| voting system component, to sell, lease, or loan, a
voting | 18 |
| system or Precinct Tabulation Optical Scan Technology
voting | 19 |
| system component to any election jurisdiction unless the
voting | 20 |
| system or voting system component is first approved by the
| 21 |
| State Board of Elections pursuant to this Section.
| 22 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 23 |
| (10 ILCS 5/24C-1)
| 24 |
| Sec. 24C-1. Purpose ; straight ticket voting . | 25 |
| (a) The purpose of this Article is to
authorize the use of |
|
|
|
09500HB2673ham001 |
- 41 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| Direct Recording Electronic Voting Systems
approved by the | 2 |
| State Board of Elections. In a Direct Recording
Electronic | 3 |
| Voting System, voters cast votes by means of a ballot
display | 4 |
| provided with mechanical or electro-optical devices that
can be | 5 |
| activated by the voters to mark their choices for the
| 6 |
| candidates of their preference and for or against public
| 7 |
| questions. Such voting devices shall be capable of
| 8 |
| instantaneously recording such votes, storing such votes,
| 9 |
| producing a permanent paper record and tabulating such votes at
| 10 |
| the precinct or at one or more counting stations. This Article
| 11 |
| authorizes the use of Direct Recording Electronic Voting | 12 |
| Systems
for in-precinct counting applications and for | 13 |
| in-person absentee
voting in the office of the election | 14 |
| authority and in the
offices of local officials authorized by | 15 |
| the election authority
to conduct such absentee voting. All | 16 |
| other absentee ballots
must be counted at the office of the | 17 |
| election authority.
| 18 |
| (b) This Article shall be implemented to permit straight | 19 |
| ticket voting as authorized by this Code. | 20 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 21 |
| (10 ILCS 5/24C-11)
| 22 |
| Sec. 24C-11. Functional requirements. A Direct Recording | 23 |
| Electronic Voting System shall, in
addition to satisfying the | 24 |
| other requirements of this Article,
fulfill the following | 25 |
| functional requirements:
|
|
|
|
09500HB2673ham001 |
- 42 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| (a) Provide a voter in a primary election with the means
of | 2 |
| casting a ballot containing votes for any and all candidates
of | 3 |
| the party or parties of his or her choice, and for any and
all | 4 |
| non-partisan candidates and public questions and preclude
the | 5 |
| voter from voting for any candidate of any other political
| 6 |
| party except when legally permitted. In a general election, the
| 7 |
| system shall provide the voter with means of selecting the
| 8 |
| appropriate number of candidates for any office, and of voting
| 9 |
| on any public question on the ballot to which he or she is
| 10 |
| entitled to vote.
| 11 |
| (b) If a voter is not entitled to vote for particular
| 12 |
| candidates or public questions appearing on the ballot, the
| 13 |
| system shall prevent the selection of the prohibited votes.
| 14 |
| (c) Once the proper ballot has been selected, the
system | 15 |
| devices shall provide a means of enabling the recording
of | 16 |
| votes and the casting of said ballot.
| 17 |
| (d) System voting devices shall provide voting choices
that | 18 |
| are clear to the voter and labels indicating the names of
every | 19 |
| candidate and the text of every public question on the
voter's | 20 |
| ballot. Each label shall identify the selection button
or | 21 |
| switch, or the active area of the ballot associated with it.
| 22 |
| The system shall be able to incorporate minimal, easy-to-follow
| 23 |
| on-screen instruction for the voter on how to cast a ballot.
| 24 |
| (e) Voting devices shall (i) enable the voter to vote for
| 25 |
| any and all candidates and public questions appearing on the
| 26 |
| ballot for which the voter is lawfully entitled to vote, in any
|
|
|
|
09500HB2673ham001 |
- 43 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| legal number and combination , including a straight party | 2 |
| ticket ; (ii) detect and reject all votes
for an office or upon | 3 |
| a public question when the voter has cast
more votes for the | 4 |
| office or upon the public question than the
voter is entitled | 5 |
| to cast; (iii) notify the voter if the voter's
choices as | 6 |
| recorded on the ballot for an office or public
question are | 7 |
| fewer than or exceed the number that the voter is
entitled to | 8 |
| vote for on that office or public question and the
effect of | 9 |
| casting more or fewer votes than legally permitted; (iv) notify
| 10 |
| the voter if the voter has failed to completely cast a vote for
| 11 |
| an office or public question appearing on the ballot; and (v)
| 12 |
| permit the voter, in a private and independent manner, to | 13 |
| verify
the votes selected by the voter, to change the ballot or | 14 |
| to
correct any error on the ballot before the ballot is | 15 |
| completely cast and
counted. A means shall be provided to | 16 |
| indicate each selection
after it has been made or canceled.
| 17 |
| (f) System voting devices shall provide a means for the
| 18 |
| voter to signify that the selection of candidates and public
| 19 |
| questions has been completed. Upon activation, the system shall
| 20 |
| record an image of the completed ballot, increment the proper
| 21 |
| ballot position registers, and shall signify to the voter that
| 22 |
| the ballot has been cast. The system shall then prevent any
| 23 |
| further attempt to vote until it has been reset or re-enabled | 24 |
| by
a judge of election.
| 25 |
| (g) Each system voting device shall be equipped with a
| 26 |
| public counter that can be set to zero prior to the opening of
|
|
|
|
09500HB2673ham001 |
- 44 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| the polling place, and that records the number of ballots cast
| 2 |
| at a particular election. The counter shall be incremented only
| 3 |
| by the casting of a ballot. The counter shall be designed to
| 4 |
| prevent disabling or resetting by other than authorized persons
| 5 |
| after the polls close. The counter shall be visible to all
| 6 |
| judges of election so long as the device is installed at the
| 7 |
| polling place.
| 8 |
| (h) Each system voting device shall be equipped with a
| 9 |
| protective counter that records all of the testing and election
| 10 |
| ballots cast since the unit was built. This counter shall be
| 11 |
| designed so that its reading cannot be changed by any cause
| 12 |
| other than the casting of a ballot. The protective counter
| 13 |
| shall be incapable of ever being reset and it shall be visible
| 14 |
| at all times when the device is configured for testing,
| 15 |
| maintenance, or election use.
| 16 |
| (i) All system devices shall provide a means of preventing
| 17 |
| further voting once the polling place has closed and after all
| 18 |
| eligible voters have voted. Such means of control shall
| 19 |
| incorporate a visible indication of system status. Each device
| 20 |
| shall prevent any unauthorized use, prevent tampering with
| 21 |
| ballot labels and preclude its re-opening once the poll closing
| 22 |
| has been completed for that election.
| 23 |
| (j) The system shall produce a printed summary report of
| 24 |
| the votes cast upon each voting device. Until the proper
| 25 |
| sequence of events associated with closing the polling place | 26 |
| has
been completed, the system shall not allow the printing of |
|
|
|
09500HB2673ham001 |
- 45 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| a
report or the extraction of data. The printed report shall | 2 |
| also
contain all system audit information to be required by the
| 3 |
| election authority. Data shall not be altered or otherwise
| 4 |
| destroyed by report generation and the system shall ensure the
| 5 |
| integrity and security of data for a period of at least 6 | 6 |
| months
after the polls close.
| 7 |
| (k) If more than one voting device is used in a polling
| 8 |
| place, the system shall provide a means to manually or
| 9 |
| electronically consolidate the data from all such units into a
| 10 |
| single report even if different voting systems are used to
| 11 |
| record absentee ballots. The system shall also be capable of
| 12 |
| merging the vote tabulation results produced by other vote
| 13 |
| tabulation systems, if necessary.
| 14 |
| (l) System functions shall be implemented such that
| 15 |
| unauthorized access to them is prevented and the execution of
| 16 |
| authorized functions in an improper sequence is precluded.
| 17 |
| System functions shall be executable only in the intended | 18 |
| manner
and order, and only under the intended conditions. If | 19 |
| the
preconditions to a system function have not been met, the
| 20 |
| function shall be precluded from executing by the system's
| 21 |
| control logic.
| 22 |
| (m) All system voting devices shall incorporate at least 3
| 23 |
| memories in the machine itself and in its programmable memory
| 24 |
| devices.
| 25 |
| (n) The system shall include capabilities of recording and
| 26 |
| reporting the date and time of normal and abnormal events and |
|
|
|
09500HB2673ham001 |
- 46 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| of
maintaining a permanent record of audit information that | 2 |
| cannot
be turned off. Provisions shall be made to detect and | 3 |
| record
significant events (e.g., casting a ballot, error | 4 |
| conditions
that cannot be disposed of by the system itself, | 5 |
| time-dependent
or programmed events that occur without the | 6 |
| intervention of the
voter or a judge of election).
| 7 |
| (o) The system and each system voting device must be
| 8 |
| capable of creating, printing and maintaining a permanent paper
| 9 |
| record and an electronic image of each ballot that is cast such
| 10 |
| that records of individual ballots are maintained by a | 11 |
| subsystem
independent and distinct from the main vote | 12 |
| detection,
interpretation, processing and reporting path. The | 13 |
| electronic
images of each ballot must protect the integrity of | 14 |
| the data and
the anonymity of each voter, for example, by means | 15 |
| of storage
location scrambling. The ballot image records may be | 16 |
| either
machine-readable or manually transcribed, or both, at | 17 |
| the
discretion of the election authority.
| 18 |
| (p) The system shall include built-in test, measurement
and | 19 |
| diagnostic software and hardware for detecting and reporting
| 20 |
| the system's status and degree of operability.
| 21 |
| (q) The system shall contain provisions for maintaining
the | 22 |
| integrity of memory voting and audit data during an election
| 23 |
| and for a period of at least 6 months thereafter and shall
| 24 |
| provide the means for creating an audit trail.
| 25 |
| (r) The system shall be fully accessible so as to permit | 26 |
| blind or
visually impaired voters as well as physically |
|
|
|
09500HB2673ham001 |
- 47 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| disabled voters
to exercise their right to vote in private and | 2 |
| without
assistance.
| 3 |
| (s) The system shall provide alternative language
| 4 |
| accessibility if required pursuant to Section 203 of the Voting
| 5 |
| Rights Act of 1965.
| 6 |
| (t) Each voting device shall enable a voter to vote for a
| 7 |
| person whose name does not appear on the ballot.
| 8 |
| (u) The system shall record and count accurately each vote
| 9 |
| properly cast for or against any candidate and for or against
| 10 |
| any public question, including the names of all candidates | 11 |
| whose
names are written in by the voters.
| 12 |
| (v) The system shall allow for accepting provisional
| 13 |
| ballots and for separating such provisional ballots from
| 14 |
| precinct totals until authorized by the election authority.
| 15 |
| (w) The system shall provide an effective audit trail as
| 16 |
| defined in Section 24C-2 in this Code.
| 17 |
| (x) The system shall be suitably designed for the purpose
| 18 |
| used, be durably constructed, and be designed for safety,
| 19 |
| accuracy and efficiency.
| 20 |
| (y) The system shall comply with all provisions of
federal, | 21 |
| State and local election laws and regulations and any
future | 22 |
| modifications to those laws and regulations.
| 23 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 24 |
| (10 ILCS 5/1-7 rep.)
| 25 |
| Section 10. The Election Code is amended by repealing |
|
|
|
09500HB2673ham001 |
- 48 - |
LRB095 01097 JAM 49150 a |
|
| 1 |
| Section 1-7.
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
|
|