Full Text of HB2673 95th General Assembly
HB2673ham003 95TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 4/16/2008
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| AMENDMENT TO HOUSE BILL 2673
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| AMENDMENT NO. ______. Amend House Bill 2673, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Election Code is amended by changing | 6 |
| Sections
1-7, 16-4.1, 16-6, 17-11, 17-21, 18-9, 22-15.1, 24-1, | 7 |
| 24A-5.1, 24A-6, 24A-15, 24A-16,
24B-5.1, 24B-6, 24B-15,
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| 24B-16, 24C-1, and 24C-11 and by adding Section 17-19a as | 9 |
| follows:
| 10 |
| (10 ILCS 5/1-7)
| 11 |
| Sec. 1-7. No straight party voting. Notwithstanding any | 12 |
| provision of law
to the contrary, straight party voting by a | 13 |
| single vote is not permitted in
Illinois , except at the 2008 | 14 |
| general election .
| 15 |
| (Source: P.A. 89-700, eff. 1-17-97.)
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| (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
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| Sec. 16-4.1. Ballots; Form; Consolidated Elections. This | 3 |
| Section shall
apply only to the consolidated primary election, | 4 |
| and the consolidated election,
except as otherwise expressly | 5 |
| provided herein.
| 6 |
| The ballot for the nomination or election of officers of | 7 |
| each political
subdivision shall be considered a separate | 8 |
| ballot, and candidates for such
offices shall be grouped | 9 |
| together. Where paper ballots are used, the names
of candidates | 10 |
| for nomination or election to more than one political | 11 |
| subdivision
may be contained on a common ballot, provided that | 12 |
| such ballot clearly
indicates and separates each political | 13 |
| subdivision from which such officers
are to be nominated or | 14 |
| elected.
For the 2008 general election only,
a separate party | 15 |
| circle shall be included at the head of the portion of
the | 16 |
| ballot for each political subdivision for which candidates of | 17 |
| political
parties have been nominated. When an electronic | 18 |
| voting system is used that
utilizes a ballot label booklet, the
| 19 |
| party circles for straight-party voting at the 2008 general | 20 |
| election shall be on the same ballot page
on which are listed | 21 |
| the candidates for the political subdivision election
for which | 22 |
| that party circle applies.
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| At the consolidated election, the ballot for school
| 24 |
| district offices shall
precede the ballot for community college | 25 |
| district offices, and thereafter
the ballot order of the | 26 |
| political subdivision officers to be elected shall
be as |
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| determined by the election authority. In the case of school | 2 |
| districts
other than community consolidated school districts, | 3 |
| the ballot for non-high
school district offices shall precede | 4 |
| the ballot for high school district
offices.
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| At the consolidated primary and at the consolidated | 6 |
| election, the ballot
for nomination or election of municipal | 7 |
| officers shall precede the ballot
for township officers. At the | 8 |
| consolidated election, following the ballot
for municipal and | 9 |
| township offices shall be the ballots for park district
and | 10 |
| library district offices, following which shall be the ballots | 11 |
| for other
political subdivision offices in the order determined | 12 |
| by the election
authority.
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| The election authority, in determining the order of ballot | 14 |
| placement for
offices of political subdivisions whose ballot | 15 |
| placement is not specified
in this Section, shall give due | 16 |
| regard to the clarity of the ballot
presentation
to the voters, | 17 |
| cost and administrative ease, and the requirement to provide
| 18 |
| separate ballot formats within precincts in which the electors | 19 |
| are not entitled
to vote for the same offices or propositions. | 20 |
| At the request of a political
subdivision which extends into | 21 |
| more than one election jurisdiction, the
election authority | 22 |
| shall endeavor to coordinate placement and color of the
ballot | 23 |
| for such subdivision with the other election authorities | 24 |
| responsible
for preparing ballots for such subdivision | 25 |
| election. The election authority
may conduct a lottery to | 26 |
| determine the order of ballot placement of political
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| subdivision ballots where such order is not specified in this | 2 |
| Section.
Such lottery may be conducted jointly by two or more
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| election authorities.
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| (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
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| 90-655, eff. 7-30-98.)
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| (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
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| Sec. 16-6. Whenever one or more proposals for amendment of | 8 |
| the
constitution or the calling of a constitutional convention | 9 |
| or any
combination thereof is or are to be voted upon by the | 10 |
| people, the
proposition or propositions for the adoption or | 11 |
| rejection of such
amendment or amendments or convention shall | 12 |
| be submitted upon a ballot
separate from the "Official Ballot" | 13 |
| containing the names of candidates
for State and other offices | 14 |
| to be voted at such election. Such separate
ballot shall be | 15 |
| printed upon paper of a distinctly blue color and shall,
as | 16 |
| near as may be practicable, be of uniform size and blue color, | 17 |
| but
any variation in the size of such ballots or in the | 18 |
| tincture of blue
employed shall not affect or impair the | 19 |
| validity thereof. Preceding
each proposal to amend the | 20 |
| constitution shall be printed the brief
explanation of the | 21 |
| amendment, prepared by the General Assembly, or in the
case of | 22 |
| a proposed amendment initiated by petition pursuant to Section
| 23 |
| 3 of Article XIV of the Constitution of the State of Illinois | 24 |
| by the principal
proponents of the amendment as approved by the | 25 |
| Attorney General, and
immediately below the explanation, the |
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| proposition shall be printed in
substantially the following | 2 |
| form:
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| -------------------------------------------------------------
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| YES For the proposed amendment
- | 5 |
| ---------- to Article ______ (or Section
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| NO _______ of Article ______) of
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| the Constitution.
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| -------------------------------------------------------------
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| In the case of a proposition for the calling of a | 10 |
| constitutional
convention, such proposition shall be printed | 11 |
| in substantially the
following form:
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| -------------------------------------------------------------
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| YES For the calling
- | 14 |
| ---------- of a Constitutional
| 15 |
| NO Convention.
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| -------------------------------------------------------------
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| On the back or outside of the ballot so as to appear when | 18 |
| folded,
shall be printed the words "CONSTITUTION BALLOT", | 19 |
| followed by the
designation of the polling place for which the | 20 |
| ballot is prepared, the
date of the election and a facsimile of | 21 |
| the signature of the clerk or
other officer who has caused the | 22 |
| ballots to be printed. Immediately
above the words | 23 |
| "CONSTITUTION BALLOT" in the case of a proposition for
the | 24 |
| calling of a constitutional convention the following legend | 25 |
| shall be
printed in bold face type:
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| "NOTICE
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| THE FAILURE TO VOTE THIS BALLOT IS THE EQUIVALENT OF A | 2 |
| NEGATIVE VOTE.
(THIS IS NOT TO BE CONSTRUED AS A DIRECTION THAT | 3 |
| YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR OF OR IN | 4 |
| OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
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| WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 6 |
| THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
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| Immediately above the words "CONSTITUTION BALLOT" in the | 8 |
| case of a
proposition to amend the Constitution the following | 9 |
| legend shall be
printed in bold face type:
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| "NOTICE
| 11 |
| WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 12 |
| THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
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| If a proposition for the calling of a constitutional | 14 |
| convention is
submitted at the same election as one or more | 15 |
| propositions to amend the
constitution, the proposition for the | 16 |
| calling of a constitutional
convention shall be printed at the | 17 |
| top of the ballot. In such case, the
back or outside of the | 18 |
| ballot shall be printed the same as if it were a
proposal | 19 |
| solely to amend the constitution.
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| Where voting machines or electronic voting systems are | 21 |
| used, the
provisions of this Section may be modified as | 22 |
| required or authorized by
Article 24 , 24A, 24B, or 24C or | 23 |
| Article 24A , whichever is applicable.
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| (Source: P.A. 81-163 .)
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| (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
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| Sec. 17-11. On receipt of his ballot the voter shall | 2 |
| forthwith, and
without leaving the inclosed space, retire | 3 |
| alone, or accompanied by children as provided in Section 17-8,
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| to one of the voting
booths so provided and shall prepare his | 5 |
| ballot by making in the
appropriate margin or place a cross (X) | 6 |
| opposite the name of the
candidate of his choice for each | 7 |
| office to be filled, or by writing in
the name of the candidate | 8 |
| of his choice in a blank space on said ticket,
making a cross | 9 |
| (X) opposite thereto; and in case of a question submitted
to | 10 |
| the vote of the people, by making in the appropriate margin or | 11 |
| place
a cross (X) against the answer he desires to give. A | 12 |
| cross (X) in the
square in front of the bracket enclosing the | 13 |
| names of a team of
candidates for Governor and Lieutenant | 14 |
| Governor counts as one vote for
each of such candidates. At the | 15 |
| 2008 general election, if the voter desires to vote for all of | 16 |
| the
candidates of one political party or group of petitioners, | 17 |
| he may place
such mark at the appropriate place preceding the | 18 |
| appellation or title
under which the names of the candidates of | 19 |
| such party or group of
petitioners are printed, and the ballot | 20 |
| so marked shall be counted as
cast for all of the candidates | 21 |
| named under that title, provided,
further, that the voter may | 22 |
| place such mark at the appropriate place
preceding the | 23 |
| appellation or title of one party or group of petitioners
and | 24 |
| may also mark, at the appropriate place preceding the name or | 25 |
| names
of one or more candidates printed under the appellation | 26 |
| or title of some
other party or group of petitioners, and a |
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| ballot so marked shall be
counted as cast for all the | 2 |
| candidates named under the appellation or
title that has been | 3 |
| so marked, except as to the officers as to which he
has placed | 4 |
| such mark preceding the name or names of some other candidate
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| or candidates printed under the title of some other party or | 6 |
| group of
petitioners, and as to such it shall be counted as | 7 |
| cast for the
candidate or candidates preceding whose name or | 8 |
| names such mark may have
been placed. Before leaving the voting | 9 |
| booth the voter shall fold
his
ballot in such manner as to | 10 |
| conceal the marks thereon. He shall then
vote forthwith in the | 11 |
| manner herein provided, except that the number
corresponding to | 12 |
| the number of the voter on the poll books shall not be
indorsed | 13 |
| on the back of his ballot. He shall mark and deliver his ballot
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| without undue delay, and shall quit said inclosed space as soon | 15 |
| as he
has voted; except that immediately after voting, the | 16 |
| voter shall be instructed whether the voting equipment, if | 17 |
| used, accepted or rejected the ballot or identified the ballot | 18 |
| as under-voted for a statewide constitutional office. A voter | 19 |
| whose ballot is identified as under-voted may return to the | 20 |
| voting booth and complete the voting of that ballot. A voter | 21 |
| whose ballot is not accepted by the voting equipment may, upon | 22 |
| surrendering the ballot, request and vote another ballot. The | 23 |
| voter's surrendered ballot shall be initialed by the election | 24 |
| judge and handled as provided in the appropriate Article | 25 |
| governing that voting equipment. | 26 |
| No voter shall be allowed to occupy a voting booth already
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| occupied by another, nor remain within said inclosed space more | 2 |
| than ten
minutes, nor to occupy a voting booth more than five | 3 |
| minutes in case all
of said voting booths are in use and other | 4 |
| voters waiting to occupy the
same. No voter not an election | 5 |
| officer, shall, after having voted, be
allowed to re-enter said | 6 |
| inclosed space during said election. No person
shall take or | 7 |
| remove any ballot from the polling place before the close
of | 8 |
| the poll. No voter shall vote or offer to vote any ballot | 9 |
| except such
as he has received from the judges of election in | 10 |
| charge of the ballots.
Any voter who shall, by accident or | 11 |
| mistake, spoil his ballot, may, on
returning said spoiled | 12 |
| ballot, receive another in place thereof only after
the word | 13 |
| "spoiled" has been written in ink diagonally across the entire
| 14 |
| face of the ballot returned by the voter.
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| Where voting machines or electronic voting systems are | 16 |
| used, the
provisions of this section may be modified as | 17 |
| required or authorized by
Article 24,
24A, 24B, or 24C, | 18 |
| whichever is applicable, except that the requirements of this | 19 |
| Section that (i) the voter must be notified of the voting | 20 |
| equipment's acceptance or rejection of the voter's ballot or | 21 |
| identification of an under-vote for a statewide constitutional | 22 |
| office and (ii) the voter shall have the opportunity to correct | 23 |
| an under-vote or surrender the ballot that was not accepted and | 24 |
| vote another ballot shall not be modified.
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| (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
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| (10 ILCS 5/17-19a new)
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| Sec. 17-19a. Tallying straight ticket votes. This Section | 3 |
| applies with respect to the 2008 general election only. When | 4 |
| the law requires that judges tally the votes received by
| 5 |
| candidates at the election, it shall not be necessary for the | 6 |
| judges of
election to mark upon their tally sheets separate | 7 |
| marks or tallies
for each vote received by the candidates upon | 8 |
| the ballots containing the same
names, commonly known and in | 9 |
| this Code designated as "straight tickets". When
the judges | 10 |
| have counted and announced to the judges keeping the
tally, as | 11 |
| near as may be as provided by law, the number of
votes received | 12 |
| by each set of candidates upon the "straight tickets", the
| 13 |
| tally judges shall set that number of votes down, in figures | 14 |
| opposite or
directly below the names of the respective | 15 |
| candidates, in a column or line
provided for that purpose upon | 16 |
| the tally sheets. That column or line shall
read "number of | 17 |
| straight votes". The same column shall be used for the
| 18 |
| candidates for Governor and Lieutenant Governor running on the | 19 |
| same ticket. The
judges shall then proceed to count and | 20 |
| announce the votes received by each
candidate upon all ballots | 21 |
| other than "straight tickets", including all ballots
known as | 22 |
| "split tickets" and all ballots known as "scratched tickets". | 23 |
| The
tally judges shall proceed to tally the votes upon the | 24 |
| tally sheets and to
compare and announce the result thereof. | 25 |
| The counting, announcing, and
tallying shall be conducted as | 26 |
| otherwise provided in this Act. The tally judges
shall set |
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| down, in figures, the number of votes received by each | 2 |
| candidate on
ballots other than "straight tickets", as so | 3 |
| ascertained and announced, in an
adjoining column or line | 4 |
| provided for that purpose upon the tally sheets,
immediately | 5 |
| opposite or below the name of each candidate. That line shall | 6 |
| read
"Number of other votes". The judges keeping the tally | 7 |
| shall then proceed to add
together the number of votes received | 8 |
| by each candidate, as shown in the column
or line containing | 9 |
| the straight votes and the number as shown in the column or
| 10 |
| line containing the votes other than straight votes. The result | 11 |
| will show the
total number of votes received by each candidate. | 12 |
| After comparing their
results and finding that the results | 13 |
| agree and are correct, the judges shall
set down the results, | 14 |
| in figures, in an adjoining column or line provided upon
the | 15 |
| tally
sheets for that purpose, which shall be directly opposite | 16 |
| or below the line for
recording the votes on split and | 17 |
| scratched ballots and shall read "candidates
total vote". One | 18 |
| of the tally judges shall announce in a loud voice to the
other | 19 |
| judges the total number of votes received by and counted for | 20 |
| each
candidate.
| 21 |
| Nothing in this Section shall be construed to authorize or | 22 |
| permit canvassing,
counting, or tallying ballots with any less | 23 |
| degree of strictness
than otherwise required by law. The | 24 |
| intention of this Section is to dispense
with the individual | 25 |
| tally marks only so far as the so-called "straight tickets"
are | 26 |
| concerned. All other operations of tallying, counting, |
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| canvassing, and
announcing the votes shall proceed as near as | 2 |
| may be in accordance with the
other provisions of this Code. | 3 |
| Tally sheets and certificates may be prepared in
book form or | 4 |
| in accordion folds.
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| (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
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| Sec. 17-21. When the votes shall have been examined and | 7 |
| counted, the judges
shall set down on a sheet or return form to | 8 |
| be supplied to them, the name of
every person voted for, | 9 |
| written or printed at full length, the office
for which such | 10 |
| person received such votes, and the number he did receive , | 11 |
| including the number of straight votes (2008 general election | 12 |
| only) and the number of split votes (2008 general election | 13 |
| only),
and such additional information as is necessary to | 14 |
| complete, as nearly
as circumstances will admit, the following | 15 |
| form, to-wit:
| 16 |
| TALLY SHEET AND CERTIFICATE OF
| 17 |
| RESULTS
| 18 |
| We do hereby certify that at the .... election held in the | 19 |
| precinct
hereinafter (general or special) specified on the .... | 20 |
| day of ...., in
the year .... of our Lord, one thousand nine | 21 |
| hundred and .... , a total of
.... voters requested and received | 22 |
| ballots and we do further certify:
| 23 |
| Number of blank ballots delivered to us ....
| 24 |
| Number of absentee ballots delivered to us ....
| 25 |
| Total number of ballots delivered to us ....
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| Number of blank and spoiled ballots returned.
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| (1) Total number of ballots cast (in box)....
| 3 |
| .... Straight Republican ballots cast (2008 general | 4 |
| election only)
| 5 |
| .... Straight Democratic ballots cast (2008 general | 6 |
| election only)
| 7 |
| .... Straight ballots cast for any other established | 8 |
| political party (2008 general election only) | 9 |
| .... Split ballots cast (2008 general election only)
| 10 |
| .... Defective and Objected To ballots sealed in envelope
| 11 |
| (2) .... Total number of ballots cast (in box)
| 12 |
| Line (2) equals line (1)
| 13 |
| We further certify that each of the candidates for | 14 |
| representative in
the General Assembly received the number of | 15 |
| votes ascribed to him on the
separate tally sheet.
| 16 |
| We further certify that each candidate received the number | 17 |
| of votes
set forth opposite his name or in the box containing | 18 |
| his name on the
tally sheet contained in the page or pages | 19 |
| immediately following our
signatures.
| 20 |
| The undersigned actually served as judges and counted the | 21 |
| ballots at
the election on the .... day of .... in the .... | 22 |
| precinct of the (1)
*township of ...., or (2) *City of ...., or | 23 |
| (3) *.... ward in the city
of .... and the polls were opened at | 24 |
| 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
| 25 |
| *Fill in either (1), (2) or (3)
| 26 |
| A B, ....(Address)
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| C D, ....(Address)
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| E F, ....(Address)
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| G H, ....(Address)
| 4 |
| I J, ....(Address)
| 5 |
| For the 2008 general election, the State Board of Elections | 6 |
| shall develop a tally sheet form for use under this Section.
| 7 |
| For elections other than the 2008 general election, each | 8 |
| Each tally sheet shall be in substantially one of the following | 9 |
| forms:
| 10 |
| -------------------------------------------------------------
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11 | | |
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Candidate's |
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| 12 | | | | | | | | | |
|
13 | | Name of |
Candidates |
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Total |
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14 | | office |
Names |
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Vote |
5 |
10 |
15 |
20 |
|
15 | | -- |
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16 | | United |
John Smith |
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77 |
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11 |
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17 | | States |
| | | | | | | |
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18 | | Senator |
| | | | | | | |
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19 | | -- |
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20 | | -- |
|
21 | | | Names of candidates | | | | |
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22 | | Name of | and total vote | | | | |
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23 | | office | | for each | | | 5 | 10 | 15 | 20 |
|
24 | | -- |
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25 | | For United | John Smith | | | | | |
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| 1 | | States | | | | | | |
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2 | | Senator | | | | | | |
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3 | | | Total Vote ... | .............. | | | | |
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4 | | -- |
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| (Source: P.A. 89-700, eff. 1-17-97 .)
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| (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
| 7 |
| Sec. 18-9. The judges of election shall first count the | 8 |
| whole number
of ballots in the box. If the ballots shall be | 9 |
| found to exceed the
number of applications for ballot, they | 10 |
| shall reject the ballots, if
any, found folded inside of a | 11 |
| ballot. And if the ballots and the
applications for ballot | 12 |
| still do not agree after such rejection, the
ballots shall be | 13 |
| replaced in the box and the box closed and well shaken,
and | 14 |
| again opened; and one of the judges shall publicly draw out so | 15 |
| many
ballots unopened as shall be equal to such excess. Such | 16 |
| excess ballots
shall be marked "Excess-Not Counted" and signed | 17 |
| by a majority of judges
and shall be placed in the "After 6:00 | 18 |
| p.m. Defective Ballots Envelope".
The number of excess ballots | 19 |
| shall be noted in the remarks section of
the Certificate of | 20 |
| Results. "Excess" ballots shall not
be counted in the total of | 21 |
| "defective" ballots. And the ballots and
applications for | 22 |
| ballot being made to agree in this way, the judges
shall | 23 |
| proceed to count the votes in the following manner: The judges
| 24 |
| shall open the ballots and place those which contain the same | 25 |
| names
together, so that the several kinds shall be in separate |
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| piles or on
separate files. Each of the judges shall examine | 2 |
| the separate files
which are, or are supposed to be, alike, and | 3 |
| exclude from such files any
which may have a name or an | 4 |
| erasure, or in any manner shall be different
from the others of | 5 |
| such file. One of the judges shall then take one file
of the | 6 |
| kind of ballots which contain the same names, and count them by
| 7 |
| tens, carefully examining each name on each of the ballots. | 8 |
| Such judge
shall then pass the ten ballots aforesaid to the | 9 |
| judge sitting next to
him, who shall count them in the same | 10 |
| manner, who shall then pass them
to a third judge, who shall | 11 |
| also count them in the same manner. Then the
third judge shall | 12 |
| call the names of the persons named in the ten
ballots, and the | 13 |
| offices for which they are designated, and 2 of the
judges, who | 14 |
| did not assist in the counting shall tally ten votes for
each | 15 |
| of such persons, except as herein otherwise provided. When the
| 16 |
| judges shall have gone through such file of ballots, containing | 17 |
| the same
names, and shall count them by tens in the same way, | 18 |
| and shall call the
names of the persons named in the ballots | 19 |
| and the office for which they
are designated, the tally judges | 20 |
| shall tally the votes by tens for each
of such persons in the | 21 |
| same manner as in the first instance. When the
counting of each | 22 |
| file of ballots which contain the same names shall be
| 23 |
| completed, the tally judges shall compare their tallies | 24 |
| together and
ascertain the total number of ballots of that kind | 25 |
| so canvassed; and
when they agree upon the number, one of them | 26 |
| shall announce it in a loud
voice to the other judges. The |
|
|
|
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|
| 1 |
| judges shall then canvass the other kinds
of ballots which do | 2 |
| not correspond, those containing names partly from
one kind of | 3 |
| ballots and partly from another, being those from which the
| 4 |
| name of the person proper to be voted for on such ballots has | 5 |
| been
omitted or erased, usually called "scratched tickets". | 6 |
| They shall be
canvassed separately by one of the judges sitting | 7 |
| between 2 other
judges, which judge shall call each name to the | 8 |
| tally judges and the
office for which it is designated, and the | 9 |
| other judges looking at the
ballot at the same time, and the | 10 |
| tally judges making tally of the same.
When all the ballots | 11 |
| have been canvassed in this manner, the tally
judges shall | 12 |
| compare their tallies together, and ascertain the total
number | 13 |
| of votes received by each candidate and when they agree upon | 14 |
| the
numbers one of them shall announce in a loud voice to the | 15 |
| judges the
number of votes received by each candidate on each | 16 |
| of the kinds of
ballots containing his name, the number | 17 |
| received by him on the straight (2008 general election only) | 18 |
| and
scratch tickets, and the total number of votes received by | 19 |
| him. The
provisions of Section 17-19a shall apply to the | 20 |
| tallying of votes on straight
tickets at the 2008 general | 21 |
| election.
| 22 |
| The votes for the offices of Governor and Lieutenant | 23 |
| Governor shall
be counted and tallied jointly.
| 24 |
| Where voting machines or electronic voting systems are | 25 |
| used, the
provisions of this section may be modified as | 26 |
| required or authorized by
Article 24 , 24A, 24B, or 24C or |
|
|
|
09500HB2673ham003 |
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|
| 1 |
| Article 24A , whichever is applicable.
| 2 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 3 |
| (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
| 4 |
| Sec. 22-15.1. (a) Within 60 days following the canvass
of | 5 |
| the general election within each election jurisdiction, the | 6 |
| election
authority shall
prepare, in typewritten or legible | 7 |
| computer-generated form, a report of the
abstracts of votes by | 8 |
| precinct for all offices and
questions of public policy in | 9 |
| connection with which votes were cast within
the election | 10 |
| jurisdiction at the general election. The report shall
include | 11 |
| the total number of ballots cast within each precinct or ward , | 12 |
| and the
total
number of registered voters within each precinct | 13 |
| or ward , and, in 2008, in those election
jurisdictions in which | 14 |
| electronic voting systems are used, the total number of
| 15 |
| straight-party ballots cast at the general election . The | 16 |
| election
authority shall provide a copy of the report to the | 17 |
| chairman of the county
central committee of each established | 18 |
| political party in the county within
which the election | 19 |
| jurisdiction is contained, and shall make a reasonable
number | 20 |
| of copies of the report available for distribution to the | 21 |
| public.
| 22 |
| (b) Within 60 days after the effective date of this | 23 |
| amendatory Act of
1985, each election authority shall prepare, | 24 |
| in typewritten or legible
computer-generated form, a report of | 25 |
| the type required
by subsection (a) concerning the general |
|
|
|
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|
| 1 |
| election of 1984. The election
authority shall provide a copy | 2 |
| of the report to the chairman of the county
central committee | 3 |
| of each established political party in the county in
which the | 4 |
| election jurisdiction is contained, and shall make a reasonable
| 5 |
| number of copies of the report available for distribution to | 6 |
| the public.
| 7 |
| (c) An election authority may charge a fee to reimburse the | 8 |
| actual cost
of duplicating each copy of a report provided | 9 |
| pursuant to subsection (a) or
(b).
| 10 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 11 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| 12 |
| Sec. 24-1. The election authority in all jurisdictions when | 13 |
| voting machines
are used shall, except as otherwise provided in | 14 |
| this Code,
provide a voting machine or voting
machines for any | 15 |
| or all of the election precincts or election districts,
as the | 16 |
| case may be, for which the election authority is by law charged | 17 |
| with the
duty of conducting an election or
elections.
A voting | 18 |
| machine or machines sufficient in number to provide a machine | 19 |
| for each
400 voters or fraction thereof shall be supplied for | 20 |
| use at all
elections. However, no such voting machine shall be | 21 |
| used,
purchased, or adopted, and no person or entity may have a | 22 |
| written contract, including a contract contingent upon | 23 |
| certification of the voting machines, to sell, lease, or loan | 24 |
| voting machines to an election authority, until the board of | 25 |
| voting machine commissioners
hereinafter provided for, or a |
|
|
|
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|
| 1 |
| majority thereof, shall have made and
filed a report certifying | 2 |
| that they have examined such machine; that it
affords each | 3 |
| elector an opportunity to vote in absolute secrecy; that it
| 4 |
| enables each elector to vote a straight-party ticket at the | 5 |
| 2008 general election only; that it
enables
each elector to | 6 |
| vote a ticket selected in part from the nominees of one
party, | 7 |
| and in part from the nominees of any or all other parties, and | 8 |
| in
part from independent nominees printed in the columns of | 9 |
| candidates for
public office, and in part of persons not in | 10 |
| nomination by any party or
upon any independent ticket; that it | 11 |
| enables each elector to vote a
written or printed ballot of his | 12 |
| own selection, for any person for any
office for whom he may | 13 |
| desire to vote; that it enables each elector to
vote for all | 14 |
| candidates for whom he is entitled to vote, and prevents
him | 15 |
| from voting for any candidate for any office more than once, | 16 |
| unless
he is lawfully entitled to cast more than one vote for | 17 |
| one candidate,
and in that event permits him to cast only as | 18 |
| many votes for that
candidate as he is by law entitled, and no | 19 |
| more; that it prevents the
elector from voting for more than | 20 |
| one person for the same office, unless
he is lawfully entitled | 21 |
| to vote for more than one person therefor, and
in that event | 22 |
| permits him to vote for as many persons for that office as
he | 23 |
| is by law entitled, and no more; that it identifies when an | 24 |
| elector has not voted for all statewide constitutional offices; | 25 |
| and that such machine will register
correctly by means of exact | 26 |
| counters every vote cast for the regular
tickets thereon; and |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| has the capacity to contain the tickets of at least
5 political | 2 |
| parties with the names of all the candidates thereon,
together | 3 |
| with all propositions in the form provided by law, where such
| 4 |
| form is prescribed, and where no such provision is made for the | 5 |
| form
thereof, then in brief form, not to exceed 75 words; that | 6 |
| all votes cast
on the machine on a regular ballot or ballots | 7 |
| shall be registered; that
voters may, by means of irregular | 8 |
| ballots or otherwise vote for any
person for any office, | 9 |
| although such person may not have been nominated
by any party | 10 |
| and his name may not appear on such machine; that when a
vote | 11 |
| is cast for any person for any such office, when his name does | 12 |
| not
appear on the machine, the elector cannot vote for any | 13 |
| other name on the
machine for the same office; that each | 14 |
| elector can, understandingly and
within the period of 4 minutes | 15 |
| cast his vote for all candidates of his
choice; that the | 16 |
| machine is so constructed that the candidates for
presidential | 17 |
| electors of any party can be voted for only by voting for
the | 18 |
| ballot label containing a bracket within which are the names of | 19 |
| the
candidates for President and Vice-President of the party or | 20 |
| group; that
the machine is provided with a lock or locks by the | 21 |
| use of which any
movement of the voting or registering | 22 |
| mechanism is absolutely prevented
so that it cannot be tampered | 23 |
| with or manipulated for any purpose; that
the machine is | 24 |
| susceptible of being closed during the progress of the
voting | 25 |
| so that no person can see or know the number of votes | 26 |
| registered
for any candidate; that each elector is permitted to |
|
|
|
09500HB2673ham003 |
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|
| 1 |
| vote for or against
any question, proposition or amendment upon | 2 |
| which he is entitled to
vote, and is prevented from voting for | 3 |
| or against any question,
proposition or amendment upon which he | 4 |
| is not entitled to vote; that the
machine is capable of | 5 |
| adjustment by the election authority,
so as to permit
the | 6 |
| elector, at a party primary election, to vote only for the
| 7 |
| candidates seeking nomination by the political party in which | 8 |
| primary he
is entitled to vote: Provided, also that no such | 9 |
| machine or machines
shall be purchased, unless the party or | 10 |
| parties making the sale shall
guarantee in writing to keep the | 11 |
| machine or machines in good working
order for 5 years without | 12 |
| additional cost and shall give a sufficient
bond conditioned to | 13 |
| that effect.
| 14 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 15 |
| (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
| 16 |
| Sec. 24A-5.1.
For the instruction of voters on election | 17 |
| day, the election official in
charge of the election shall | 18 |
| provide at each polling place one
instruction-model electronic | 19 |
| voting system marking device. Each such
instruction-model | 20 |
| shall show the arrangement of party rows, office columns
and | 21 |
| questions. Such model shall be located at a place which voters | 22 |
| must
pass to reach the official marking device used in the | 23 |
| actual casting of
votes.
| 24 |
| Before entering the voting booth each voter shall be | 25 |
| offered instruction
in the operation of the marking device by |
|
|
|
09500HB2673ham003 |
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|
| 1 |
| use of the instruction-model and
the voter shall be given ample | 2 |
| opportunity to operate the model by himself.
In instructing | 3 |
| voters, no precinct official may show partiality to any
| 4 |
| political party , and, at the 2008 general election only, when | 5 |
| instructing a voter on how to vote a straight
ticket for one | 6 |
| political party the precinct official shall at the same time
| 7 |
| instruct the voter how to vote a straight ticket for any other | 8 |
| political
party that appears on the ballot label .
The duties of | 9 |
| instruction shall be
discharged by a judge from each of the | 10 |
| political parties represented and
they shall alternate serving | 11 |
| as instructor so that each judge shall serve a
like time at | 12 |
| such duties. No instructions may be given after the voter has
| 13 |
| entered the voting booth.
| 14 |
| No precinct official, or person assisting a voter may in | 15 |
| any manner
request, suggest, or seek to persuade or induce any | 16 |
| voter to cast his vote
for any particular ticket, candidate, | 17 |
| amendment, question or proposition.
All instructions shall be | 18 |
| given by precinct officials in such a manner that
it may be | 19 |
| observed by other persons in the polling place.
| 20 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 21 |
| (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
| 22 |
| Sec. 24A-6. The ballot information, whether placed on the | 23 |
| ballot or
on the marking device, shall, as far as practicable, | 24 |
| be in the order of
arrangement provided for paper ballots, | 25 |
| except that such information may
be in vertical or horizontal |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| rows, or in a number of separate pages.
Ballots for all | 2 |
| questions or propositions to be voted on must be
provided in | 3 |
| the same manner and must be arranged on or in the marking
| 4 |
| device or on the ballot sheet in the places provided for such | 5 |
| purposes.
| 6 |
| When an electronic voting system utilizes a ballot label | 7 |
| booklet and
ballot card, ballots for candidates, ballots | 8 |
| calling for a
constitutional convention, constitutional | 9 |
| amendment ballots, judicial
retention ballots, public | 10 |
| measures, and all propositions to be voted
upon may be placed | 11 |
| on the electronic voting device by providing in the
ballot | 12 |
| booklet separate ballot label pages or series of pages
| 13 |
| distinguished by differing colors as provided below. When an | 14 |
| electronic
voting system utilizes a ballot sheet, ballots | 15 |
| calling for a constitutional
convention, constitutional | 16 |
| amendment ballots and judicial retention ballots
shall be | 17 |
| placed on the ballot sheet by providing a separate portion of | 18 |
| the
ballot sheet for each such kind of ballot which shall be | 19 |
| printed in ink
of a color distinct from the color of ink used | 20 |
| in printing any other portion
of the ballot sheet. Ballots for | 21 |
| candidates, public measures and all other
propositions to be | 22 |
| voted upon shall be placed on the ballot sheet by providing
a | 23 |
| separate portion of the ballot sheet for each such kind of | 24 |
| ballot. Whenever a person has submitted a declaration of intent | 25 |
| to be a write-in candidate as required in Sections 17-16.1 and | 26 |
| 18-9.1,
a line
on which the name of a candidate may be written |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| by the voter shall be printed below the name of the last | 2 |
| candidate nominated for such office, and immediately
to the | 3 |
| left of such line an area shall be provided for marking a vote | 4 |
| for
such write-in candidate. The number of write-in lines for | 5 |
| an office shall equal the number of persons who have filed | 6 |
| declarations of intent to be write-in candidates plus an | 7 |
| additional line or lines for write-in candidates who qualify to | 8 |
| file declarations to be write-in candidates under Sections | 9 |
| 17-16.1 and 18-9.1 when the certification of ballot contains | 10 |
| the words "OBJECTION PENDING" next to the name of the | 11 |
| candidate, up to the number of candidates for which a voter may | 12 |
| vote. More than one amendment to the constitution may
be placed | 13 |
| on the same ballot 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
constitutional conventions or constitutional | 16 |
| amendments shall be on paper
of blue color and shall precede | 17 |
| all other ballot label pages in the ballot
label booklet. More | 18 |
| than one public measure or proposition may be placed
on the | 19 |
| same ballot label page or series of pages or on the same | 20 |
| portion of
the ballot sheet, as the case may be. More than one | 21 |
| proposition for
retention of judges in office may be placed on | 22 |
| the same ballot label page
or series of pages or on the same | 23 |
| portion of the ballot sheet, as the case
may be. Ballot label | 24 |
| pages for candidates shall be on paper of white
color, except | 25 |
| that in primary elections the ballot label page or pages for
| 26 |
| the candidates of each respective political party shall be of |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| the color
designated by the election official in charge of the | 2 |
| election for that
political party's candidates; provided that | 3 |
| the ballot label pages or pages
for candidates for use at the | 4 |
| nonpartisan and consolidated elections may be
on paper of | 5 |
| different colors, except blue, whenever necessary or desirable
| 6 |
| to facilitate distinguishing between the pages for different | 7 |
| political
subdivisions. Except as provided in Section 16-4.1, | 8 |
| where
provision is made for straight-party voting at the 2008 | 9 |
| general election by marking a party circle,
the designation of | 10 |
| the political parties for straight-party voting at the 2008 | 11 |
| general election shall
be on a separate page on which no names | 12 |
| of candidates shall appear. However, such page shall be of the | 13 |
| same color as the pages
containing the names of candidates for | 14 |
| office. On each succeeding page
of
the candidate booklet, where | 15 |
| the election is made to list ballot
information vertically, the | 16 |
| party affiliation of each candidate or the word
"independent" | 17 |
| shall appear immediately to the left of the candidate's
name, | 18 |
| and the name of candidates for the same office shall be listed
| 19 |
| vertically under the title of that office. In the case of | 20 |
| nonpartisan
elections for officers of political subdivisions, | 21 |
| unless the statute or
an ordinance adopted pursuant to Article | 22 |
| VII of the Constitution
requires otherwise, the listing of such | 23 |
| nonpartisan candidates shall not
include any party or | 24 |
| "independent" designation. Ballot label pages for
judicial | 25 |
| retention ballots shall be on paper of green color, and ballot
| 26 |
| label pages for all public measures and other propositions |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| shall be on
paper of some other distinct and different color. | 2 |
| In primary elections,
a separate ballot label booklet, marking | 3 |
| device and voting booth shall
be used for each political party | 4 |
| holding a primary, with the ballot
label booklet arranged to | 5 |
| include ballot label pages of the candidates
of the party and | 6 |
| public measures and other propositions to be voted upon
on the | 7 |
| day of the primary election. One ballot card may be used for
| 8 |
| recording the voter's vote or choice on all such ballots, | 9 |
| proposals,
public measures or propositions, and such ballot | 10 |
| card shall be arranged
so as to record the voter's vote or | 11 |
| choice in a separate column or
columns for each such kind of | 12 |
| ballot, proposal, public measure or
proposition.
| 13 |
| If the ballot label booklet includes both candidates for | 14 |
| office and
public measures or propositions to be voted on, the | 15 |
| election official in
charge of the election shall divide the | 16 |
| pages by protruding tabs
identifying the division of the pages, | 17 |
| and printing on such tabs
"Candidates" and "Propositions".
| 18 |
| The ballot card and all of its columns and the ballot card | 19 |
| envelope
shall be of the color prescribed for candidate's | 20 |
| ballots at the general
or primary election, whichever is being | 21 |
| held. At an election where no
candidates are being nominated or | 22 |
| elected, the ballot card, its columns,
and the ballot card | 23 |
| envelope shall be of a color designated by the election
| 24 |
| official in charge of the election.
| 25 |
| The ballot cards, ballot card envelopes and ballot sheets | 26 |
| may, at the
discretion of the election authority, be printed on |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| white paper and then
striped with the appropriate colors.
| 2 |
| When ballot sheets are used, the various portions thereof | 3 |
| shall be arranged
to conform to the foregoing format.
| 4 |
| Absentee ballots may consist of ballot cards, envelopes, | 5 |
| paper ballots
or ballot sheets voted in person in the office of | 6 |
| the election official in
charge of the election or voted by | 7 |
| mail. Where a ballot card is used for
voting by mail it must be | 8 |
| accompanied by a punching tool or other
appropriate marking | 9 |
| device, voter instructions and a specimen ballot
showing the | 10 |
| proper positions to vote on the ballot card or ballot sheet for
| 11 |
| each party, candidate, proposal, public measure or | 12 |
| proposition, and in the
case of a ballot card must be mounted | 13 |
| on a suitable material to receive the
punched out chip.
| 14 |
| Any voter who spoils his ballot or makes an error may | 15 |
| return the
ballot to the judges of election and secure another. | 16 |
| However, the
protruding identifying tab for proposals for a | 17 |
| constitutional convention
or constitutional amendments shall | 18 |
| have printed thereon "Constitutional
Ballot", and the ballot | 19 |
| label page or pages for such proposals shall
precede the ballot | 20 |
| label pages for candidates in the ballot label
booklet.
| 21 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 22 |
| (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
| 23 |
| Sec. 24A-15. The precinct return printed by the automatic | 24 |
| tabulating
equipment shall include the number of ballots cast , | 25 |
| straight-party
tickets (2008 general election only),
and votes |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| cast for each candidate and proposition and shall constitute | 2 |
| the
official return of each precinct. Every 2008 general | 3 |
| election ballot on which the voter has cast a
vote for all | 4 |
| candidates of one party and no votes for any other candidates
| 5 |
| shall be reported as a straight-party ticket, and all other | 6 |
| 2008 general election ballots shall be
reported as split | 7 |
| tickets. In addition to the precinct return, the
election | 8 |
| authority shall provide the number of applications for ballots
| 9 |
| in each precinct, the write-in votes, the total number of | 10 |
| ballots counted in
each precinct for each political subdivision | 11 |
| and district and the number
of registered voters in each | 12 |
| precinct. However, the election authority
shall check the | 13 |
| totals shown by the precinct return and, if there is an
obvious | 14 |
| discrepancy with respect to the total number of votes cast in | 15 |
| any
precinct, shall have the ballots for such precinct | 16 |
| retabulated to correct
the return. The procedures for | 17 |
| retabulation shall apply prior to and
after the proclamation is | 18 |
| completed; however, after the proclamation of
results, the | 19 |
| election authority must obtain a court order to unseal voted
| 20 |
| ballots except for election contests and discovery recounts.
In | 21 |
| those election jurisdictions that utilize in-precinct counting
| 22 |
| equipment, the certificate of results, which has been prepared | 23 |
| by the
judges of election after the ballots have been
| 24 |
| tabulated, shall be the document used for the canvass of votes | 25 |
| for such
precinct. Whenever a discrepancy exists during the | 26 |
| canvass of votes
between the unofficial results and the |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| certificate of results, or whenever
a discrepancy exists during | 2 |
| the canvass of votes between the certificate of
results and the | 3 |
| set of totals which has been affixed to such certificate of
| 4 |
| results, the ballots for such precinct shall be retabulated to | 5 |
| correct the
return. As an additional part of this check prior | 6 |
| to the proclamation, in
those jurisdictions where in-precinct | 7 |
| counting equipment is utilized, the
election authority shall | 8 |
| retabulate the total number of votes cast in 5% of
the | 9 |
| precincts within the election jurisdiction. The precincts to be
| 10 |
| retabulated shall be selected after election day on a random | 11 |
| basis by the
State Board of Elections, so that every precinct | 12 |
| in the election jurisdiction has
an equal mathematical chance | 13 |
| of being selected. The State Board of
Elections shall design a | 14 |
| standard and scientific random method of selecting
the | 15 |
| precincts which are to be retabulated. The State central | 16 |
| committee
chairman of each established political party shall be | 17 |
| given prior written notice of the time and place of
such random | 18 |
| selection procedure and may be represented at such procedure.
| 19 |
| Such retabulation shall consist of counting the ballot cards | 20 |
| which were
originally counted and shall not involve any | 21 |
| determination as to which
ballot cards were, in fact, properly | 22 |
| counted. The ballots from the
precincts selected for such | 23 |
| retabulation shall remain at all times under
the custody and | 24 |
| control of the election authority and shall be transported
and | 25 |
| retabulated by the designated staff of the election authority.
| 26 |
| As part of such retabulation, the election authority shall |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| test the
computer program in the selected precincts. Such test
| 2 |
| shall be conducted by processing a preaudited group of ballots | 3 |
| so punched
so as to record a predetermined number of valid | 4 |
| votes for each candidate
and on each public question, and shall | 5 |
| include for each office one or more
ballots which have votes in | 6 |
| excess of the number allowed by law in order
to test the | 7 |
| ability of the equipment to reject such votes. If any error
is | 8 |
| detected, the cause therefor shall be ascertained and corrected | 9 |
| and an
errorless count shall be made prior to the official | 10 |
| canvass and proclamation
of election results.
| 11 |
| The State Board of Elections, the State's Attorney and | 12 |
| other appropriate
law enforcement agencies, the county | 13 |
| chairman of each established political
party and qualified | 14 |
| civic organizations shall be given prior written notice
of the | 15 |
| time and place of such retabulation and may be represented at | 16 |
| such
retabulation.
| 17 |
| The results of this retabulation shall be treated in the | 18 |
| same manner and
have the same effect as the results of the | 19 |
| discovery procedures set forth
in Section 22-9.1 of this Act. | 20 |
| Upon completion of the retabulation, the
election authority | 21 |
| shall print a comparison of the results of the
retabulation | 22 |
| with the original precinct return printed by the automatic
| 23 |
| tabulating equipment. Such comparison shall be done for each | 24 |
| precinct and
for each office voted upon within that precinct, | 25 |
| and the comparisons shall
be open to the public.
| 26 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
|
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| 2 |
| Sec. 24A-16. The State Board of Elections shall approve all | 3 |
| voting
systems provided by this Article. | 4 |
| No voting system shall be approved
unless it fulfills the | 5 |
| following requirements:
| 6 |
| (1) It enables a voter to vote in absolute secrecy;
| 7 |
| (2) It enables a voter, at the 2008 general election | 8 |
| only, to vote a straight-party ticket (Blank) ;
| 9 |
| (3) It enables a voter to vote a ticket selected in | 10 |
| part from the
nominees of one party, and in part from the | 11 |
| nominees of any or all parties,
and in part from | 12 |
| independent candidates and in part of candidates whose
| 13 |
| names are written in by the voter;
| 14 |
| (4) It enables a voter to vote a written or printed | 15 |
| ticket of his own
selection for any person for any office | 16 |
| for whom he may desire to vote;
| 17 |
| (5) It will reject all votes for an office or upon a | 18 |
| proposition when
the voter has cast more votes for such | 19 |
| office or upon such proposition than
he is entitled to | 20 |
| cast;
| 21 |
| (5.5) It will identify when a voter has not voted for | 22 |
| all statewide constitutional offices;
| 23 |
| (6) It will accommodate all propositions to be | 24 |
| submitted to the voters
in the form provided by law or, | 25 |
| where no such form is provided, then in
brief form, not to |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| exceed 75 words.
| 2 |
| The State Board of Elections shall not approve any voting | 3 |
| equipment or system that includes an external Infrared Data | 4 |
| Association (IrDA) communications port.
| 5 |
| The State Board of Elections is authorized to withdraw its | 6 |
| approval of a
voting system if the system fails to fulfill the | 7 |
| above requirements.
| 8 |
| The vendor, person, or other private entity shall be solely | 9 |
| responsible for the production and cost of: all application | 10 |
| fees; all ballots; additional temporary workers; and other | 11 |
| equipment or facilities needed and used in the testing of the | 12 |
| vendor's, person's, or other private entity's respective | 13 |
| equipment and software.
| 14 |
| Any voting system vendor, person, or other private entity | 15 |
| seeking the State Board of Elections' approval of a voting | 16 |
| system shall, as part of the approval application, submit to | 17 |
| the State Board a non-refundable fee. The State Board of | 18 |
| Elections by rule shall establish an appropriate fee structure, | 19 |
| taking into account the type of voting system approval that is | 20 |
| requested (such as approval of a new system, a modification of | 21 |
| an existing system, the size of the modification, etc.). No | 22 |
| voting system or modification of a voting system shall be | 23 |
| approved unless the fee is paid.
| 24 |
| No vendor, person, or other entity may sell, lease, or | 25 |
| loan, or have a written contract, including a contract | 26 |
| contingent upon State Board approval of the voting system or |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| voting system component, to sell, lease, or loan, a voting
| 2 |
| system or voting system component to any election jurisdiction | 3 |
| unless the
voting system or voting system component is first | 4 |
| approved by the State
Board of Elections pursuant to this | 5 |
| Section.
| 6 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 7 |
| (10 ILCS 5/24B-5.1)
| 8 |
| Sec. 24B-5.1. Instruction of Voters; Instruction
Model; | 9 |
| Partiality to Political Party; Manner of Instruction.
Before | 10 |
| entering the voting booth each voter shall be offered
| 11 |
| instruction in the marking of the Precinct Tabulation Optical
| 12 |
| Scan Technology ballot sheet. In instructing voters, no | 13 |
| precinct
official may show partiality to any political party , | 14 |
| and, at the 2008 general election, when instructing a
voter on | 15 |
| how to vote a straight ticket for one political party the | 16 |
| precinct
official shall at the same time instruct the voter how | 17 |
| to vote a straight
ticket for any other political party that | 18 |
| appears on the ballot label . The
duties of
instruction shall be | 19 |
| discharged by a judge from each of the
political parties | 20 |
| represented and they shall alternate serving as
instructor so | 21 |
| that each judge shall serve a like time at such
duties. No | 22 |
| instructions may be given after the voter has entered
the | 23 |
| voting booth.
| 24 |
| No precinct official, or person assisting a voter may in | 25 |
| any
manner request, suggest, or seek to persuade or induce any |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| voter
to cast his or her vote for any particular ticket, | 2 |
| candidate, amendment,
question or proposition. All | 3 |
| instructions shall be given by
precinct officials in a manner | 4 |
| that it may be observed by
other persons in the polling place.
| 5 |
| (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
| 6 |
| (10 ILCS 5/24B-6)
| 7 |
| Sec. 24B-6. Ballot Information; Arrangement; Electronic | 8 |
| Precinct
Tabulation Optical Scan Technology Voting System; | 9 |
| Absentee
Ballots; Spoiled Ballots. The ballot information, | 10 |
| shall, as far
as practicable, be in the order of arrangement | 11 |
| provided for paper
ballots, except that the information may be | 12 |
| in vertical or
horizontal rows, or on a number of separate | 13 |
| pages or displays on the marking
device. Ballots for
all | 14 |
| questions or propositions to be voted on should be provided
in | 15 |
| a similar manner and must be arranged on the ballot sheet or | 16 |
| marking
device in
the places provided for such purposes. | 17 |
| Ballots shall be of white
paper unless provided otherwise by | 18 |
| administrative rule of the State Board of
Elections or | 19 |
| otherwise specified.
| 20 |
| All propositions, including but not limited to | 21 |
| propositions
calling for a constitutional convention, | 22 |
| constitutional
amendment, judicial retention, and public | 23 |
| measures to be voted
upon shall be placed on separate portions | 24 |
| of the ballot sheet or marking
device by
utilizing borders or | 25 |
| grey screens. Candidates shall be listed on
a separate portion |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| of the ballot sheet or marking device by utilizing
borders or
| 2 |
| grey screens. Whenever a person has submitted a declaration of | 3 |
| intent to be a write-in candidate as required in Sections | 4 |
| 17-16.1 and 18-9.1,
a line or lines on which the voter
may | 5 |
| select a
write-in candidate shall be printed below the name of | 6 |
| the last candidate nominated for such office. Such line or | 7 |
| lines shall be proximate to an area provided for marking
votes | 8 |
| for the write-in candidate or
candidates. The number of | 9 |
| write-in lines for an office shall equal the number
of persons | 10 |
| who have filed declarations of intent to be write-in candidates | 11 |
| plus an additional line or lines for write-in candidates who | 12 |
| qualify to file declarations to be write-in candidates under | 13 |
| Sections 17-16.1 and 18-9.1 when the certification of ballot | 14 |
| contains the words "OBJECTION PENDING" next to the name of that | 15 |
| candidate, up to the number of
candidates
for which a voter may | 16 |
| vote. More than one amendment to the constitution may be
placed | 17 |
| on the
same portion of the ballot sheet or marking device.
| 18 |
| Constitutional convention or constitutional amendment
| 19 |
| propositions shall be printed or displayed on a separate | 20 |
| portion of the
ballot
sheet or marking device and designated by | 21 |
| borders or grey screens, unless
otherwise
provided by | 22 |
| administrative rule of the State Board of Elections.
More than | 23 |
| one public measure or proposition may be placed on the
same | 24 |
| portion of the ballot sheet or marking device. More than
one | 25 |
| proposition for retention of judges in office may be placed
on | 26 |
| the same portion of the ballot sheet or marking device.
Names |
|
|
|
09500HB2673ham003 |
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LRB095 01097 JAM 49528 a |
|
| 1 |
| of candidates shall be printed in black. The designation
of the | 2 |
| political parties for straight-party voting at the 2008 general | 3 |
| election shall be in a
special section of the ballot. The party
| 4 |
| affiliation of each candidate or the word "independent" shall
| 5 |
| appear near or under the candidate's name, and the names of
| 6 |
| candidates for the same office shall be listed vertically under
| 7 |
| the title of that office, on separate pages of the marking | 8 |
| device, or as
otherwise approved by the State Board of | 9 |
| Elections. In the case of
nonpartisan elections
for officers of | 10 |
| political subdivisions, unless the statute or an
ordinance | 11 |
| adopted pursuant to Article VII of the Constitution
requires | 12 |
| otherwise, the listing of nonpartisan candidates
shall not | 13 |
| include any party or "independent" designation.
Judicial | 14 |
| retention
questions and ballot questions for all public | 15 |
| measures and other propositions
shall be designated by borders | 16 |
| or grey screens on the ballot or marking
device.
In primary
| 17 |
| elections, a separate ballot, or displays on the marking | 18 |
| device, shall be
used for each political
party holding a | 19 |
| primary, with the ballot or marking device arranged to
include
| 20 |
| names of the candidates of the party and public measures and
| 21 |
| other propositions to be voted upon on the day of the primary
| 22 |
| election.
| 23 |
| If the ballot includes both candidates for office and | 24 |
| public
measures or propositions to be voted on, the election | 25 |
| official in
charge of the election shall divide the ballot or | 26 |
| displays on the marking
device in sections for
"Candidates" and |
|
|
|
09500HB2673ham003 |
- 38 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| "Propositions", or separate ballots may be used.
| 2 |
| Absentee ballots may consist of envelopes, paper ballots or
| 3 |
| ballot sheets voted in person in the office of the election
| 4 |
| official in charge of the election or voted by mail. Where a
| 5 |
| Precinct Tabulation Optical Scan Technology ballot is used for
| 6 |
| voting by mail it must be accompanied by voter instructions.
| 7 |
| Any voter who spoils his or her ballot, makes an error, or | 8 |
| has a ballot
returned by the automatic tabulating equipment may | 9 |
| return
the ballot to the judges of election and get another | 10 |
| ballot.
| 11 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 12 |
| (10 ILCS 5/24B-15)
| 13 |
| Sec. 24B-15. Official Return of Precinct; Check of Totals; | 14 |
| Retabulation. The precinct return printed by the automatic
| 15 |
| Precinct Tabulation Optical Scan Technology tabulating | 16 |
| equipment
shall include the number of ballots cast , | 17 |
| straight-party tickets (2008 general election only),
and votes | 18 |
| cast for each candidate and proposition and shall
constitute | 19 |
| the official return of each precinct. Every 2008 general | 20 |
| election ballot on which the
voter has cast a vote for all | 21 |
| candidates of one party and no votes for any
other candidates | 22 |
| shall be reported as a straight-party ticket, and all other
| 23 |
| 2008 general election ballots shall be reported as split | 24 |
| tickets. In addition to the precinct
return, the election
| 25 |
| authority shall provide the number of applications for ballots |
|
|
|
09500HB2673ham003 |
- 39 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| in
each precinct, the write-in votes, the total number of | 2 |
| ballots
counted in each precinct for each political subdivision | 3 |
| and
district and the number of registered voters in each | 4 |
| precinct.
However, the election authority shall check the | 5 |
| totals shown by
the precinct return and, if there is an obvious | 6 |
| discrepancy regarding
the total number of votes cast in any | 7 |
| precinct, shall
have the ballots for that precinct retabulated | 8 |
| to correct the
return.
The procedures for retabulation shall | 9 |
| apply prior to and after the
proclamation is completed; | 10 |
| however, after the proclamation of results, the
election | 11 |
| authority must obtain a court order to unseal voted ballots | 12 |
| except for
election contests and discovery recounts.
In those | 13 |
| election jurisdictions that use in-precinct
counting | 14 |
| equipment, the certificate of results, which has been
prepared | 15 |
| by the judges of election after the
ballots have been | 16 |
| tabulated, shall be the document used for the
canvass of votes | 17 |
| for such precinct. Whenever a discrepancy
exists during the | 18 |
| canvass of votes between the unofficial results
and the | 19 |
| certificate of results, or whenever a discrepancy exists
during | 20 |
| the canvass of votes between the certificate of results
and the | 21 |
| set of totals which has been affixed to the certificate
of | 22 |
| results, the ballots for that precinct shall be retabulated to
| 23 |
| correct the return. As an additional part of this check prior | 24 |
| to
the proclamation, in those jurisdictions where in-precinct
| 25 |
| counting equipment is used, the election authority shall
| 26 |
| retabulate the total number of votes cast in 5% of the |
|
|
|
09500HB2673ham003 |
- 40 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| precincts
within the election jurisdiction. The precincts to be
| 2 |
| retabulated shall be selected after election day on a random
| 3 |
| basis by the State Board of Elections, so that every precinct | 4 |
| in the
election jurisdiction has an equal mathematical chance | 5 |
| of being
selected. The State Board of Elections shall design a | 6 |
| standard
and scientific random method of selecting the | 7 |
| precincts which are
to be retabulated. The State central | 8 |
| committee chairman of each established political party
shall be | 9 |
| given prior written notice
of the time and place of the random | 10 |
| selection procedure and may
be represented at the procedure. | 11 |
| The retabulation shall
consist of counting the ballots which | 12 |
| were originally counted and
shall not involve any determination | 13 |
| of which ballots were, in
fact, properly counted. The ballots | 14 |
| from the precincts selected
for the retabulation shall remain | 15 |
| at 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 the retabulation, the election authority shall
| 19 |
| test the computer program in the selected precincts. The test
| 20 |
| shall be conducted by processing a preaudited group of ballots
| 21 |
| marked to record a predetermined number of valid votes for
each | 22 |
| candidate and on each public question, and shall include for
| 23 |
| each office one or more ballots which have votes in excess of | 24 |
| the
number allowed by law to test the ability of the
equipment | 25 |
| and the marking device to reject such votes. If any error is
| 26 |
| detected, the
cause shall be determined and corrected, and an
|
|
|
|
09500HB2673ham003 |
- 41 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| errorless count shall be made prior to the official canvass and
| 2 |
| 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 the
retabulation and may be represented at | 8 |
| the 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 Code.
| 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. The 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. Upon | 18 |
| completion of the
retabulation, the returns shall be open to | 19 |
| the public.
| 20 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 21 |
| (10 ILCS 5/24B-16)
| 22 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| 23 |
| Technology Voting Systems; Requisites. The State Board of
| 24 |
| Elections shall approve all Precinct Tabulation Optical Scan
| 25 |
| Technology voting systems provided by this Article.
|
|
|
|
09500HB2673ham003 |
- 42 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| No Precinct Tabulation Optical Scan Technology voting | 2 |
| system
shall be approved unless it fulfills the following | 3 |
| requirements:
| 4 |
| (a) It enables a voter to vote in absolute secrecy;
| 5 |
| (b) It enables a voter, at the 2008 general election | 6 |
| only, to vote a straight-party
ticket (Blank) ;
| 7 |
| (c) It enables a voter to vote a ticket selected in | 8 |
| part
from the nominees of one party, and in part from the | 9 |
| nominees of
any or all parties, and in part from | 10 |
| independent candidates, and
in part of candidates whose | 11 |
| names are written in by the voter;
| 12 |
| (d) It enables a voter to vote a written or printed | 13 |
| ticket
of his or her own selection for any person for any | 14 |
| office for whom he or she
may desire to vote;
| 15 |
| (e) It will reject all votes for an office or upon a
| 16 |
| proposition when the voter has cast more votes for the | 17 |
| office or
upon the proposition than he or she is entitled | 18 |
| to cast;
| 19 |
| (e-5) It will identify when a voter has not voted for | 20 |
| all statewide constitutional offices; and
| 21 |
| (f) It will accommodate all propositions to be | 22 |
| submitted to
the voters in the form provided by law or, | 23 |
| where no form is
provided, then in brief form, not to | 24 |
| exceed 75 words.
| 25 |
| The State Board of Elections shall not approve any voting | 26 |
| equipment or system that includes an external Infrared Data |
|
|
|
09500HB2673ham003 |
- 43 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| Association (IrDA) communications port.
| 2 |
| The State Board of Elections is authorized to withdraw its
| 3 |
| approval of a Precinct Tabulation Optical Scan Technology | 4 |
| voting
system if the system fails to fulfill the above | 5 |
| requirements.
| 6 |
| The vendor, person, or other private entity shall be solely | 7 |
| responsible for the production and cost of: all application | 8 |
| fees; all ballots; additional temporary workers; and other | 9 |
| equipment or facilities needed and used in the testing of the | 10 |
| vendor's, person's, or other private entity's respective | 11 |
| equipment and software.
| 12 |
| Any voting system vendor, person, or other private entity | 13 |
| seeking the State Board of Elections' approval of a voting | 14 |
| system shall, as part of the approval application, submit to | 15 |
| the State Board a non-refundable fee. The State Board of | 16 |
| Elections by rule shall establish an appropriate fee structure, | 17 |
| taking into account the type of voting system approval that is | 18 |
| requested (such as approval of a new system, a modification of | 19 |
| an existing system, the size of the modification, etc.). No | 20 |
| voting system or modification of a voting system shall be | 21 |
| approved unless the fee is paid.
| 22 |
| No vendor, person, or other entity may sell, lease, or | 23 |
| loan, or have a written contract, including a contract | 24 |
| contingent upon State Board approval of the voting system or | 25 |
| voting system component, to sell, lease, or loan, a
voting | 26 |
| system or Precinct Tabulation Optical Scan Technology
voting |
|
|
|
09500HB2673ham003 |
- 44 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| system component to any election jurisdiction unless the
voting | 2 |
| system or voting system component is first approved by the
| 3 |
| State Board of Elections pursuant to this Section.
| 4 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 5 |
| (10 ILCS 5/24C-1)
| 6 |
| Sec. 24C-1. Purpose ; straight ticket voting . | 7 |
| (a) The purpose of this Article is to
authorize the use of | 8 |
| Direct Recording Electronic Voting Systems
approved by the | 9 |
| State Board of Elections. In a Direct Recording
Electronic | 10 |
| Voting System, voters cast votes by means of a ballot
display | 11 |
| provided with mechanical or electro-optical devices that
can be | 12 |
| activated by the voters to mark their choices for the
| 13 |
| candidates of their preference and for or against public
| 14 |
| questions. Such voting devices shall be capable of
| 15 |
| instantaneously recording such votes, storing such votes,
| 16 |
| producing a permanent paper record and tabulating such votes at
| 17 |
| the precinct or at one or more counting stations. This Article
| 18 |
| authorizes the use of Direct Recording Electronic Voting | 19 |
| Systems
for in-precinct counting applications and for | 20 |
| in-person absentee
voting in the office of the election | 21 |
| authority and in the
offices of local officials authorized by | 22 |
| the election authority
to conduct such absentee voting. All | 23 |
| other absentee ballots
must be counted at the office of the | 24 |
| election authority.
| 25 |
| (b) This Article shall be implemented to permit straight |
|
|
|
09500HB2673ham003 |
- 45 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| ticket voting, at the 2008 general election only, as authorized | 2 |
| by this Code. | 3 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 4 |
| (10 ILCS 5/24C-11)
| 5 |
| Sec. 24C-11. Functional requirements. A Direct Recording | 6 |
| Electronic Voting System shall, in
addition to satisfying the | 7 |
| other requirements of this Article,
fulfill the following | 8 |
| functional requirements:
| 9 |
| (a) Provide a voter in a primary election with the means
of | 10 |
| casting a ballot containing votes for any and all candidates
of | 11 |
| the party or parties of his or her choice, and for any and
all | 12 |
| non-partisan candidates and public questions and preclude
the | 13 |
| voter from voting for any candidate of any other political
| 14 |
| party except when legally permitted. In a general election, the
| 15 |
| system shall provide the voter with means of selecting the
| 16 |
| appropriate number of candidates for any office, and of voting
| 17 |
| on any public question on the ballot to which he or she is
| 18 |
| entitled to vote.
| 19 |
| (b) If a voter is not entitled to vote for particular
| 20 |
| candidates or public questions appearing on the ballot, the
| 21 |
| system shall prevent the selection of the prohibited votes.
| 22 |
| (c) Once the proper ballot has been selected, the
system | 23 |
| devices shall provide a means of enabling the recording
of | 24 |
| votes and the casting of said ballot.
| 25 |
| (d) System voting devices shall provide voting choices
that |
|
|
|
09500HB2673ham003 |
- 46 - |
LRB095 01097 JAM 49528 a |
|
| 1 |
| are clear to the voter and labels indicating the names of
every | 2 |
| candidate and the text of every public question on the
voter's | 3 |
| ballot. Each label shall identify the selection button
or | 4 |
| switch, or the active area of the ballot associated with it.
| 5 |
| The system shall be able to incorporate minimal, easy-to-follow
| 6 |
| on-screen instruction for the voter on how to cast a ballot.
| 7 |
| (e) Voting devices shall (i) enable the voter to vote for
| 8 |
| any and all candidates and public questions appearing on the
| 9 |
| ballot for which the voter is lawfully entitled to vote, in any
| 10 |
| legal number and combination , including, at the 2008 general | 11 |
| election only, a straight party ticket ; (ii) detect and reject | 12 |
| all votes
for an office or upon a public question when the | 13 |
| voter has cast
more votes for the office or upon the public | 14 |
| question than the
voter is entitled to cast; (iii) notify the | 15 |
| voter if the voter's
choices as recorded on the ballot for an | 16 |
| office or public
question are fewer than or exceed the number | 17 |
| that the voter is
entitled to vote for on that office or public | 18 |
| question and the
effect of casting more or fewer votes than | 19 |
| legally permitted; (iv) notify
the voter if the voter has | 20 |
| failed to completely cast a vote for
an office or public | 21 |
| question appearing on the ballot; and (v)
permit the voter, in | 22 |
| a private and independent manner, to verify
the votes selected | 23 |
| by the voter, to change the ballot or to
correct any error on | 24 |
| the ballot before the ballot is completely cast and
counted. A | 25 |
| means shall be provided to indicate each selection
after it has | 26 |
| been made or canceled.
|
|
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| 1 |
| (f) System voting devices shall provide a means for the
| 2 |
| voter to signify that the selection of candidates and public
| 3 |
| questions has been completed. Upon activation, the system shall
| 4 |
| record an image of the completed ballot, increment the proper
| 5 |
| ballot position registers, and shall signify to the voter that
| 6 |
| the ballot has been cast. The system shall then prevent any
| 7 |
| further attempt to vote until it has been reset or re-enabled | 8 |
| by
a judge of election.
| 9 |
| (g) Each system voting device shall be equipped with a
| 10 |
| public counter that can be set to zero prior to the opening of
| 11 |
| the polling place, and that records the number of ballots cast
| 12 |
| at a particular election. The counter shall be incremented only
| 13 |
| by the casting of a ballot. The counter shall be designed to
| 14 |
| prevent disabling or resetting by other than authorized persons
| 15 |
| after the polls close. The counter shall be visible to all
| 16 |
| judges of election so long as the device is installed at the
| 17 |
| polling place.
| 18 |
| (h) Each system voting device shall be equipped with a
| 19 |
| protective counter that records all of the testing and election
| 20 |
| ballots cast since the unit was built. This counter shall be
| 21 |
| designed so that its reading cannot be changed by any cause
| 22 |
| other than the casting of a ballot. The protective counter
| 23 |
| shall be incapable of ever being reset and it shall be visible
| 24 |
| at all times when the device is configured for testing,
| 25 |
| maintenance, or election use.
| 26 |
| (i) All system devices shall provide a means of preventing
|
|
|
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09500HB2673ham003 |
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|
| 1 |
| further voting once the polling place has closed and after all
| 2 |
| eligible voters have voted. Such means of control shall
| 3 |
| incorporate a visible indication of system status. Each device
| 4 |
| shall prevent any unauthorized use, prevent tampering with
| 5 |
| ballot labels and preclude its re-opening once the poll closing
| 6 |
| has been completed for that election.
| 7 |
| (j) The system shall produce a printed summary report of
| 8 |
| the votes cast upon each voting device. Until the proper
| 9 |
| sequence of events associated with closing the polling place | 10 |
| has
been completed, the system shall not allow the printing of | 11 |
| a
report or the extraction of data. The printed report shall | 12 |
| also
contain all system audit information to be required by the
| 13 |
| election authority. Data shall not be altered or otherwise
| 14 |
| destroyed by report generation and the system shall ensure the
| 15 |
| integrity and security of data for a period of at least 6 | 16 |
| months
after the polls close.
| 17 |
| (k) If more than one voting device is used in a polling
| 18 |
| place, the system shall provide a means to manually or
| 19 |
| electronically consolidate the data from all such units into a
| 20 |
| single report even if different voting systems are used to
| 21 |
| record absentee ballots. The system shall also be capable of
| 22 |
| merging the vote tabulation results produced by other vote
| 23 |
| tabulation systems, if necessary.
| 24 |
| (l) System functions shall be implemented such that
| 25 |
| unauthorized access to them is prevented and the execution of
| 26 |
| authorized functions in an improper sequence is precluded.
|
|
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|
| 1 |
| System functions shall be executable only in the intended | 2 |
| manner
and order, and only under the intended conditions. If | 3 |
| the
preconditions to a system function have not been met, the
| 4 |
| function shall be precluded from executing by the system's
| 5 |
| control logic.
| 6 |
| (m) All system voting devices shall incorporate at least 3
| 7 |
| memories in the machine itself and in its programmable memory
| 8 |
| devices.
| 9 |
| (n) The system shall include capabilities of recording and
| 10 |
| reporting the date and time of normal and abnormal events and | 11 |
| of
maintaining a permanent record of audit information that | 12 |
| cannot
be turned off. Provisions shall be made to detect and | 13 |
| record
significant events (e.g., casting a ballot, error | 14 |
| conditions
that cannot be disposed of by the system itself, | 15 |
| time-dependent
or programmed events that occur without the | 16 |
| intervention of the
voter or a judge of election).
| 17 |
| (o) The system and each system voting device must be
| 18 |
| capable of creating, printing and maintaining a permanent paper
| 19 |
| record and an electronic image of each ballot that is cast such
| 20 |
| that records of individual ballots are maintained by a | 21 |
| subsystem
independent and distinct from the main vote | 22 |
| detection,
interpretation, processing and reporting path. The | 23 |
| electronic
images of each ballot must protect the integrity of | 24 |
| the data and
the anonymity of each voter, for example, by means | 25 |
| of storage
location scrambling. The ballot image records may be | 26 |
| either
machine-readable or manually transcribed, or both, at |
|
|
|
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|
| 1 |
| the
discretion of the election authority.
| 2 |
| (p) The system shall include built-in test, measurement
and | 3 |
| diagnostic software and hardware for detecting and reporting
| 4 |
| the system's status and degree of operability.
| 5 |
| (q) The system shall contain provisions for maintaining
the | 6 |
| integrity of memory voting and audit data during an election
| 7 |
| and for a period of at least 6 months thereafter and shall
| 8 |
| provide the means for creating an audit trail.
| 9 |
| (r) The system shall be fully accessible so as to permit | 10 |
| blind or
visually impaired voters as well as physically | 11 |
| disabled voters
to exercise their right to vote in private and | 12 |
| without
assistance.
| 13 |
| (s) The system shall provide alternative language
| 14 |
| accessibility if required pursuant to Section 203 of the Voting
| 15 |
| Rights Act of 1965.
| 16 |
| (t) Each voting device shall enable a voter to vote for a
| 17 |
| person whose name does not appear on the ballot.
| 18 |
| (u) The system shall record and count accurately each vote
| 19 |
| properly cast for or against any candidate and for or against
| 20 |
| any public question, including the names of all candidates | 21 |
| whose
names are written in by the voters.
| 22 |
| (v) The system shall allow for accepting provisional
| 23 |
| ballots and for separating such provisional ballots from
| 24 |
| precinct totals until authorized by the election authority.
| 25 |
| (w) The system shall provide an effective audit trail as
| 26 |
| defined in Section 24C-2 in this Code.
|
|
|
|
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LRB095 01097 JAM 49528 a |
|
| 1 |
| (x) The system shall be suitably designed for the purpose
| 2 |
| used, be durably constructed, and be designed for safety,
| 3 |
| accuracy and efficiency.
| 4 |
| (y) The system shall comply with all provisions of
federal, | 5 |
| State and local election laws and regulations and any
future | 6 |
| modifications to those laws and regulations.
| 7 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
|
|