Full Text of HB2673 95th General Assembly
HB2673ham004 95TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 5/7/2008
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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, 16-3, 16-6, 17-11, 22-15.1, 24-1, 24A-5.1, | 7 |
| 24A-16,
24B-5.1, 24B-16, 24C-1, and 24C-11 as follows:
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| (10 ILCS 5/1-7)
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| Sec. 1-7. No straight party voting. Notwithstanding any | 10 |
| provision of law
to the contrary, straight party voting by a | 11 |
| single vote is not permitted in
Illinois , except at the 2008 | 12 |
| general election .
| 13 |
| (Source: P.A. 89-700, eff. 1-17-97.)
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| (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
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| Sec. 16-3. (a) The names of all candidates to be voted for |
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| in each
election district or precinct shall be printed on one | 2 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 3 |
| this Act and except as otherwise
provided in this Act with | 4 |
| respect to the odd year regular elections and
the emergency | 5 |
| referenda; all nominations
of any political party being placed | 6 |
| under the party appellation or title
of such party as | 7 |
| designated in the certificates of nomination or
petitions. The | 8 |
| names of all independent candidates shall be printed upon
the | 9 |
| ballot in a column or columns under the heading "independent"
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| arranged under the names or titles of the respective offices | 11 |
| for which
such independent candidates shall have been nominated | 12 |
| and so far as
practicable, the name or names of any independent | 13 |
| candidate or
candidates for any office shall be printed upon | 14 |
| the ballot opposite the
name or names of any candidate or | 15 |
| candidates for the same office
contained in any party column or | 16 |
| columns upon said ballot. The ballot
shall contain no other | 17 |
| names, except that in cases of electors for
President and | 18 |
| Vice-President of the United States, the names of the
| 19 |
| candidates for President and Vice-President may be added to the | 20 |
| party
designation and words calculated to aid the voter in his | 21 |
| choice of candidates
may be added, such as "Vote for one," | 22 |
| "Vote for three." When an electronic
voting system is used | 23 |
| which utilizes a ballot label booklet, the candidates
and | 24 |
| questions shall appear on the pages of such booklet in the | 25 |
| order
provided by this Code; and, in any case where candidates | 26 |
| for an office
appear on a page which does not contain the name |
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| of any candidate for
another office, and where less than 50% of | 2 |
| the page is utilized, the name of
no candidate shall be printed | 3 |
| on the lowest 25% of such page. On the back or
outside of the | 4 |
| ballot, so as to appear when folded, shall be printed the words
| 5 |
| "Official Ballot", followed by the designation of the polling | 6 |
| place for
which the ballot is prepared, the date of the | 7 |
| election and a facsimile
of the signature of the election | 8 |
| authority who has caused the ballots to
be printed. The ballots | 9 |
| shall be of plain white paper, through which the
printing or | 10 |
| writing cannot be read. However, ballots for use at the
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| nonpartisan and consolidated elections may be printed on | 12 |
| different color
paper, except blue paper, whenever necessary or | 13 |
| desirable to facilitate
distinguishing between ballots for | 14 |
| different political subdivisions. In
the case of nonpartisan | 15 |
| elections for officers of a political
subdivision, unless the | 16 |
| statute or an ordinance adopted pursuant to
Article VII of the | 17 |
| Constitution providing the form of government
therefor | 18 |
| requires otherwise, the column listing such nonpartisan
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| candidates shall be printed with no appellation or circle at | 20 |
| its head.
The party appellation or title, or the word | 21 |
| "independent" at the head of
any column provided for | 22 |
| independent candidates, shall be printed in letters not less | 23 |
| than one-fourth of an inch in height
and a
circle one-half inch | 24 |
| in diameter shall be printed at the beginning of
the line in | 25 |
| which such appellation or title is printed, provided,
however, | 26 |
| that no such circle shall be printed at the head of any column
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| or columns provided for such independent candidates. The names | 2 |
| of
candidates shall be printed in letters not less than | 3 |
| one-eighth
nor more than one-fourth of an inch in height, and | 4 |
| at the beginning of
each line in which a name of a candidate is | 5 |
| printed a square shall be
printed, the sides of which shall be | 6 |
| not less than one-fourth of an inch
in length. However, the | 7 |
| names of the candidates for Governor and
Lieutenant Governor on | 8 |
| the same ticket shall be printed within a bracket
and a single | 9 |
| square shall be printed in front of the bracket. The list
of | 10 |
| candidates of the several parties and any such list of | 11 |
| independent
candidates shall be placed in separate columns on | 12 |
| the ballot in such
order as the election authorities charged | 13 |
| with the printing of the
ballots shall decide; provided, that | 14 |
| the names of the candidates of the
several political parties, | 15 |
| certified by the State Board of Elections to
the several county | 16 |
| clerks shall be printed by the county clerk of the
proper | 17 |
| county on the official ballot in the order certified by the | 18 |
| State
Board of Elections. Any county clerk refusing, neglecting | 19 |
| or failing to
print on the official ballot the names of | 20 |
| candidates of the several
political parties in the order | 21 |
| certified by the State Board of
Elections, and any county clerk | 22 |
| who prints or causes to be printed upon
the official ballot the | 23 |
| name of a candidate, for an office to be filled
by the Electors | 24 |
| of the entire State, whose name has not been duly
certified to | 25 |
| him upon a certificate signed by the State Board of
Elections | 26 |
| shall be guilty of a Class C misdemeanor.
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| (b) When an electronic voting system is used which utilizes | 2 |
| a ballot
card,
on the inside flap of each ballot card envelope | 3 |
| there shall be printed
a form for write-in voting which shall | 4 |
| be substantially as follows:
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| WRITE-IN VOTES
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| (See card of instructions for specific information. | 7 |
| Duplicate form below
by hand for additional write-in votes.)
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| _____________________________
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| Title of Office
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| ( ) ____________________________
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| Name of Candidate
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| Write-in lines equal to the number of candidates for which | 13 |
| a voter may vote shall be printed for an office only if one or | 14 |
| more persons filed declarations of intent to be write-in | 15 |
| candidates or qualify to file declarations to be write-in | 16 |
| candidates under Sections 17-16.1 and 18-9.1 when the | 17 |
| certification of ballot contains the words "OBJECTION | 18 |
| PENDING".
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| (c) When an electronic voting system is used which uses a | 20 |
| ballot sheet,
the
instructions to voters on the ballot sheet | 21 |
| shall refer the voter to the
card of instructions for specific | 22 |
| information on write-in voting. Below
each office appearing on | 23 |
| such ballot sheet there shall be a provision for
the casting of | 24 |
| a write-in vote. Write-in lines equal to the number of | 25 |
| candidates for which a voter may vote shall be printed for an | 26 |
| office only if one or more persons filed declarations of intent |
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| to be write-in candidates or qualify to file declarations to be | 2 |
| write-in candidates under Sections 17-16.1 and 18-9.1 when the | 3 |
| certification of ballot contains the words "OBJECTION | 4 |
| PENDING".
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| (d) When such electronic system is used, there shall be | 6 |
| printed on the
back of each ballot card, each ballot card | 7 |
| envelope, and
the first page of the ballot label when a ballot | 8 |
| label is used, the
words "Official Ballot," followed by the | 9 |
| number of the
precinct or other precinct identification, which | 10 |
| may be stamped, in lieu
thereof and, as applicable, the number | 11 |
| and name of the township, ward
or other election district for | 12 |
| which the ballot card, ballot card
envelope, and ballot label | 13 |
| are prepared, the date of the election and a
facsimile of the | 14 |
| signature of the election authority who has caused the
ballots | 15 |
| to be printed. The back of the ballot card shall also include
a | 16 |
| method of identifying the ballot configuration such as a | 17 |
| listing of the
political subdivisions and districts for which | 18 |
| votes may be cast on that
ballot, or a number code identifying | 19 |
| the ballot configuration or color coded
ballots, except that | 20 |
| where there is only one ballot configuration in a
precinct, the | 21 |
| precinct identification, and any applicable ward
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| identification, shall be sufficient. Ballot card envelopes | 23 |
| used in punch
card systems shall be of paper through which no | 24 |
| writing or punches may be
discerned and shall be of sufficient | 25 |
| length to enclose all voting
positions. However, the election | 26 |
| authority may provide
ballot card envelopes on which no |
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| precinct number or township, ward or
other election district | 2 |
| designation, or election date are preprinted, if
space and a | 3 |
| preprinted form are provided below the space provided for
the | 4 |
| names of write-in candidates where such information may be | 5 |
| entered
by the judges of election. Whenever an election | 6 |
| authority utilizes
ballot card envelopes on which the election | 7 |
| date and precinct is not
preprinted, a judge of election shall | 8 |
| mark such information for the
particular precinct and election | 9 |
| on the envelope in ink before tallying
and counting any | 10 |
| write-in vote written thereon.
If some method of insuring | 11 |
| ballot secrecy other than an envelope is used,
such information | 12 |
| must be provided on the ballot itself.
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| (e) In the designation of the name of a candidate on the | 14 |
| ballot, the
candidate's given name or names, initial or | 15 |
| initials, a nickname by
which the candidate is commonly known, | 16 |
| or a combination thereof, may be
used in addition to the | 17 |
| candidate's surname. If a candidate has changed his or her | 18 |
| name, whether by a statutory or common law procedure in | 19 |
| Illinois or any other jurisdiction, within 3 years before the | 20 |
| last day for filing the petition for nomination, nomination | 21 |
| papers, or certificate of nomination for that office, whichever | 22 |
| is applicable, then (i) the candidate's name on the ballot must | 23 |
| be followed by "formerly known as (list all prior names during | 24 |
| the 3-year period) until name changed on (list date of each | 25 |
| such name change)" and (ii) the petition, papers, or | 26 |
| certificate must be accompanied by the candidate's affidavit |
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| stating the candidate's previous names during the period | 2 |
| specified in (i) and the date or dates each of those names was | 3 |
| changed; failure to meet these requirements shall be grounds | 4 |
| for denying certification of the candidate's name for the | 5 |
| ballot or removing the candidate's name from the ballot, as | 6 |
| appropriate, but these requirements do not apply to name | 7 |
| changes resulting from adoption to assume an adoptive parent's | 8 |
| or parents' surname, marriage to assume a spouse's surname, or | 9 |
| dissolution of marriage or declaration of invalidity of | 10 |
| marriage to assume a former surname. No other designation such
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| as a political slogan, title, or degree or nickname suggesting | 12 |
| or
implying possession of a
title, degree or professional | 13 |
| status, or similar information may be used
in connection with | 14 |
| the candidate's surname.
For purposes of this Section, a | 15 |
| "political slogan" is defined as any
word or words expressing | 16 |
| or connoting a position, opinion, or belief that the
candidate | 17 |
| may espouse, including but not limited to, any word or words
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| conveying any meaning other than that of the personal identity | 19 |
| of the
candidate. A
candidate may not use a political slogan as | 20 |
| part of his or her name on the
ballot, notwithstanding that the | 21 |
| political slogan may be part of the
candidate's name.
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| (f) The State Board of Elections, a local election | 23 |
| official, or an
election
authority shall remove any candidate's | 24 |
| name designation from a ballot that is
inconsistent with | 25 |
| subsection (e) of this Section. In addition, the State Board
of | 26 |
| Elections, a local election official, or an election authority |
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| shall not
certify to any election authority any candidate name | 2 |
| designation that is
inconsistent with subsection (e) of this | 3 |
| Section.
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| (g) If the State Board of Elections, a local election | 5 |
| official, or an
election
authority removes a candidate's name | 6 |
| designation from a ballot under
subsection (f) of this Section, | 7 |
| then the aggrieved candidate may seek
appropriate relief in | 8 |
| circuit court.
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| Where voting machines or electronic voting systems are | 10 |
| used, the
provisions of this Section may be modified as | 11 |
| required or authorized by
Article 24 or Article 24A, whichever | 12 |
| is applicable.
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| Nothing in this Section shall prohibit election | 14 |
| authorities from using
or reusing ballot card envelopes which | 15 |
| were printed before the effective
date of this amendatory Act | 16 |
| of 1985.
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| (h) At the 2008 general election, the name of each | 18 |
| political party that has candidates' names printed on the | 19 |
| ballot shall be printed at the top of the ballot preceding the | 20 |
| titles of offices and the names of candidates. Above the names | 21 |
| of the established political party or parties shall be printed | 22 |
| the heading "Straight Party Ballot" and below such heading | 23 |
| shall be printed appropriate instructions to the voter for | 24 |
| marking a straight party ballot. Next to the name or | 25 |
| appellation of such established political party or parties | 26 |
| shall be a place for marking the ballot to indicate a voter's |
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| selection of all candidates of such political party. A ballot | 2 |
| so marked shall be counted as cast for all of the candidates of | 3 |
| that party and shall be known as a "straight party ballot" or a | 4 |
| "straight ticket ballot". | 5 |
| (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07.)
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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
| 6 |
| 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
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| 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,
| 4 |
| 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 established political party, he or she | 17 |
| may place such mark in the appropriate space reserved for | 18 |
| marking a straight party ballot as provided in Section 16-3 of | 19 |
| this Code. A ballot so marked in this manner shall be counted | 20 |
| as cast for all of the candidates of that party. If the voter | 21 |
| marks the space reserved for marking a straight party ballot | 22 |
| and then proceeds to mark the ballot for one or more candidates | 23 |
| of a different political party, an independent candidate, or a | 24 |
| write-in candidate, the ballot so marked shall be counted as | 25 |
| cast for all the candidates of the political party for which | 26 |
| the straight party vote was cast, except as to candidates for |
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| offices for which the voter has marked the ballot for another | 2 |
| candidate, in which case the ballot shall be counted for such | 3 |
| other candidate or candidates. A ballot marked in this manner | 4 |
| shall be known as a "split ticket" or a "split ticket ballot". | 5 |
| Before leaving the voting booth the voter shall fold
his
ballot | 6 |
| in such manner as to conceal the marks thereon. He shall then
| 7 |
| vote forthwith in the manner herein provided, except that the | 8 |
| number
corresponding to the number of the voter on the poll | 9 |
| books shall not be
indorsed on the back of his ballot. He shall | 10 |
| mark and deliver his ballot
without undue delay, and shall quit | 11 |
| said inclosed space as soon as he
has voted; except that | 12 |
| immediately after voting, the voter shall be instructed whether | 13 |
| the voting equipment, if used, accepted or rejected the ballot | 14 |
| or identified the ballot as under-voted for a statewide | 15 |
| constitutional office. A voter whose ballot is identified as | 16 |
| under-voted may return to the voting booth and complete the | 17 |
| voting of that ballot. A voter whose ballot is not accepted by | 18 |
| the voting equipment may, upon surrendering the ballot, request | 19 |
| and vote another ballot. The voter's surrendered ballot shall | 20 |
| be initialed by the election judge and handled as provided in | 21 |
| the appropriate Article governing that voting equipment. | 22 |
| No voter shall be allowed to occupy a voting booth already
| 23 |
| occupied by another, nor remain within said inclosed space more | 24 |
| than ten
minutes, nor to occupy a voting booth more than five | 25 |
| minutes in case all
of said voting booths are in use and other | 26 |
| voters waiting to occupy the
same. No voter not an election |
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| officer, shall, after having voted, be
allowed to re-enter said | 2 |
| inclosed space during said election. No person
shall take or | 3 |
| remove any ballot from the polling place before the close
of | 4 |
| the poll. No voter shall vote or offer to vote any ballot | 5 |
| except such
as he has received from the judges of election in | 6 |
| charge of the ballots.
Any voter who shall, by accident or | 7 |
| mistake, spoil his ballot, may, on
returning said spoiled | 8 |
| ballot, receive another in place thereof only after
the word | 9 |
| "spoiled" has been written in ink diagonally across the entire
| 10 |
| face of the ballot returned by the voter.
| 11 |
| Where voting machines or electronic voting systems are | 12 |
| used, the
provisions of this section may be modified as | 13 |
| required or authorized by
Article 24,
24A, 24B, or 24C, | 14 |
| whichever is applicable, except that the requirements of this | 15 |
| Section that (i) the voter must be notified of the voting | 16 |
| equipment's acceptance or rejection of the voter's ballot or | 17 |
| identification of an under-vote for a statewide constitutional | 18 |
| office and (ii) the voter shall have the opportunity to correct | 19 |
| an under-vote or surrender the ballot that was not accepted and | 20 |
| vote another ballot shall not be modified.
| 21 |
| (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| 22 |
| (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
| 23 |
| Sec. 22-15.1. (a) Within 60 days following the canvass
of | 24 |
| the general election within each election jurisdiction, the | 25 |
| election
authority shall
prepare, in typewritten or legible |
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| computer-generated form, a report of the
abstracts of votes by | 2 |
| precinct for all offices and
questions of public policy in | 3 |
| connection with which votes were cast within
the election | 4 |
| jurisdiction at the general election. The report shall
include | 5 |
| the total number of ballots cast within each precinct or ward , | 6 |
| and the
total
number of registered voters within each precinct | 7 |
| or ward , and, in 2008, in those election
jurisdictions in which | 8 |
| electronic voting systems are used, the total number of
| 9 |
| straight-party ballots cast at the general election . The | 10 |
| election
authority shall provide a copy of the report to the | 11 |
| chairman of the county
central committee of each established | 12 |
| political party in the county within
which the election | 13 |
| jurisdiction is contained, and shall make a reasonable
number | 14 |
| of copies of the report available for distribution to the | 15 |
| public.
| 16 |
| (b) Within 60 days after the effective date of this | 17 |
| amendatory Act of
1985, each election authority shall prepare, | 18 |
| in typewritten or legible
computer-generated form, a report of | 19 |
| the type required
by subsection (a) concerning the general | 20 |
| election of 1984. The election
authority shall provide a copy | 21 |
| of the report to the chairman of the county
central committee | 22 |
| of each established political party in the county in
which the | 23 |
| election jurisdiction is contained, and shall make a reasonable
| 24 |
| number of copies of the report available for distribution to | 25 |
| the public.
| 26 |
| (c) An election authority may charge a fee to reimburse the |
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
| 1 |
| actual cost
of duplicating each copy of a report provided | 2 |
| pursuant to subsection (a) or
(b).
| 3 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 4 |
| (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
| 5 |
| Sec. 24-1. The election authority in all jurisdictions when | 6 |
| voting machines
are used shall, except as otherwise provided in | 7 |
| this Code,
provide a voting machine or voting
machines for any | 8 |
| or all of the election precincts or election districts,
as the | 9 |
| case may be, for which the election authority is by law charged | 10 |
| with the
duty of conducting an election or
elections.
A voting | 11 |
| machine or machines sufficient in number to provide a machine | 12 |
| for each
400 voters or fraction thereof shall be supplied for | 13 |
| use at all
elections. However, no such voting machine shall be | 14 |
| used,
purchased, or adopted, and no person or entity may have a | 15 |
| written contract, including a contract contingent upon | 16 |
| certification of the voting machines, to sell, lease, or loan | 17 |
| voting machines to an election authority, until the board of | 18 |
| voting machine commissioners
hereinafter provided for, or a | 19 |
| majority thereof, shall have made and
filed a report certifying | 20 |
| that they have examined such machine; that it
affords each | 21 |
| elector an opportunity to vote in absolute secrecy; that it
| 22 |
| enables each elector to vote a straight-party ticket at the | 23 |
| 2008 general election only; that it
enables
each elector to | 24 |
| vote a ticket selected in part from the nominees of one
party, | 25 |
| and in part from the nominees of any or all other parties, and |
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
| 1 |
| in
part from independent nominees printed in the columns of | 2 |
| candidates for
public office, and in part of persons not in | 3 |
| nomination by any party or
upon any independent ticket; that it | 4 |
| enables each elector to vote a
written or printed ballot of his | 5 |
| own selection, for any person for any
office for whom he may | 6 |
| desire to vote; that it enables each elector to
vote for all | 7 |
| candidates for whom he is entitled to vote, and prevents
him | 8 |
| from voting for any candidate for any office more than once, | 9 |
| unless
he is lawfully entitled to cast more than one vote for | 10 |
| one candidate,
and in that event permits him to cast only as | 11 |
| many votes for that
candidate as he is by law entitled, and no | 12 |
| more; that it prevents the
elector from voting for more than | 13 |
| one person for the same office, unless
he is lawfully entitled | 14 |
| to vote for more than one person therefor, and
in that event | 15 |
| permits him to vote for as many persons for that office as
he | 16 |
| is by law entitled, and no more; that it identifies when an | 17 |
| elector has not voted for all statewide constitutional offices; | 18 |
| and that such machine will register
correctly by means of exact | 19 |
| counters every vote cast for the regular
tickets thereon; and | 20 |
| has the capacity to contain the tickets of at least
5 political | 21 |
| parties with the names of all the candidates thereon,
together | 22 |
| with all propositions in the form provided by law, where such
| 23 |
| form is prescribed, and where no such provision is made for the | 24 |
| form
thereof, then in brief form, not to exceed 75 words; that | 25 |
| all votes cast
on the machine on a regular ballot or ballots | 26 |
| shall be registered; that
voters may, by means of irregular |
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
| 1 |
| ballots or otherwise vote for any
person for any office, | 2 |
| although such person may not have been nominated
by any party | 3 |
| and his name may not appear on such machine; that when a
vote | 4 |
| is cast for any person for any such office, when his name does | 5 |
| not
appear on the machine, the elector cannot vote for any | 6 |
| other name on the
machine for the same office; that each | 7 |
| elector can, understandingly and
within the period of 4 minutes | 8 |
| cast his vote for all candidates of his
choice; that the | 9 |
| machine is so constructed that the candidates for
presidential | 10 |
| electors of any party can be voted for only by voting for
the | 11 |
| ballot label containing a bracket within which are the names of | 12 |
| the
candidates for President and Vice-President of the party or | 13 |
| group; that
the machine is provided with a lock or locks by the | 14 |
| use of which any
movement of the voting or registering | 15 |
| mechanism is absolutely prevented
so that it cannot be tampered | 16 |
| with or manipulated for any purpose; that
the machine is | 17 |
| susceptible of being closed during the progress of the
voting | 18 |
| so that no person can see or know the number of votes | 19 |
| registered
for any candidate; that each elector is permitted to | 20 |
| vote for or against
any question, proposition or amendment upon | 21 |
| which he is entitled to
vote, and is prevented from voting for | 22 |
| or against any question,
proposition or amendment upon which he | 23 |
| is not entitled to vote; that the
machine is capable of | 24 |
| adjustment by the election authority,
so as to permit
the | 25 |
| elector, at a party primary election, to vote only for the
| 26 |
| candidates seeking nomination by the political party in which |
|
|
|
09500HB2673ham004 |
- 20 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| primary he
is entitled to vote: Provided, also that no such | 2 |
| machine or machines
shall be purchased, unless the party or | 3 |
| parties making the sale shall
guarantee in writing to keep the | 4 |
| machine or machines in good working
order for 5 years without | 5 |
| additional cost and shall give a sufficient
bond conditioned to | 6 |
| that effect.
| 7 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 8 |
| (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
| 9 |
| Sec. 24A-5.1.
For the instruction of voters on election | 10 |
| day, the election official in
charge of the election shall | 11 |
| provide at each polling place one
instruction-model electronic | 12 |
| voting system marking device. Each such
instruction-model | 13 |
| shall show the arrangement of party rows, office columns
and | 14 |
| questions. Such model shall be located at a place which voters | 15 |
| must
pass to reach the official marking device used in the | 16 |
| actual casting of
votes.
| 17 |
| Before entering the voting booth each voter shall be | 18 |
| offered instruction
in the operation of the marking device by | 19 |
| use of the instruction-model and
the voter shall be given ample | 20 |
| opportunity to operate the model by himself.
In instructing | 21 |
| voters, no precinct official may show partiality to any
| 22 |
| political party , and, at the 2008 general election only, when | 23 |
| instructing a voter on how to vote a straight
ticket for one | 24 |
| political party the precinct official shall at the same time
| 25 |
| instruct the voter how to vote a straight ticket for any other |
|
|
|
09500HB2673ham004 |
- 21 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| political
party that appears on the ballot label .
The duties of | 2 |
| instruction shall be
discharged by a judge from each of the | 3 |
| political parties represented and
they shall alternate serving | 4 |
| as instructor so that each judge shall serve a
like time at | 5 |
| such duties. No instructions may be given after the voter has
| 6 |
| entered the voting booth.
| 7 |
| No precinct official, or person assisting a voter may in | 8 |
| any manner
request, suggest, or seek to persuade or induce any | 9 |
| voter to cast his vote
for any particular ticket, candidate, | 10 |
| amendment, question or proposition.
All instructions shall be | 11 |
| given by precinct officials in such a manner that
it may be | 12 |
| observed by other persons in the polling place.
| 13 |
| (Source: P.A. 89-700, eff. 1-17-97.)
| 14 |
| (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| 15 |
| Sec. 24A-16. The State Board of Elections shall approve all | 16 |
| voting
systems provided by this Article. | 17 |
| No voting system shall be approved
unless it fulfills the | 18 |
| following requirements:
| 19 |
| (1) It enables a voter to vote in absolute secrecy;
| 20 |
| (2) It enables a voter, at the 2008 general election | 21 |
| only, to vote a straight-party ticket (Blank) ;
| 22 |
| (3) It enables a voter to vote a ticket selected in | 23 |
| part from the
nominees of one party, and in part from the | 24 |
| nominees of any or all parties,
and in part from | 25 |
| independent candidates and in part of candidates whose
|
|
|
|
09500HB2673ham004 |
- 22 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| names are written in by the voter;
| 2 |
| (4) It enables a voter to vote a written or printed | 3 |
| ticket of his own
selection for any person for any office | 4 |
| for whom he may desire to vote;
| 5 |
| (5) It will reject all votes for an office or upon a | 6 |
| proposition when
the voter has cast more votes for such | 7 |
| office or upon such proposition than
he is entitled to | 8 |
| cast;
| 9 |
| (5.5) It will identify when a voter has not voted for | 10 |
| all statewide constitutional offices;
| 11 |
| (6) It will accommodate all propositions to be | 12 |
| submitted to the voters
in the form provided by law or, | 13 |
| where no such form is provided, then in
brief form, not to | 14 |
| exceed 75 words.
| 15 |
| The State Board of Elections shall not approve any voting | 16 |
| equipment or system that includes an external Infrared Data | 17 |
| Association (IrDA) communications port.
| 18 |
| The State Board of Elections is authorized to withdraw its | 19 |
| approval of a
voting system if the system fails to fulfill the | 20 |
| above requirements.
| 21 |
| The vendor, person, or other private entity shall be solely | 22 |
| responsible for the production and cost of: all application | 23 |
| fees; all ballots; additional temporary workers; and other | 24 |
| equipment or facilities needed and used in the testing of the | 25 |
| vendor's, person's, or other private entity's respective | 26 |
| equipment and software.
|
|
|
|
09500HB2673ham004 |
- 23 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| Any voting system vendor, person, or other private entity | 2 |
| seeking the State Board of Elections' approval of a voting | 3 |
| system shall, as part of the approval application, submit to | 4 |
| the State Board a non-refundable fee. The State Board of | 5 |
| Elections by rule shall establish an appropriate fee structure, | 6 |
| taking into account the type of voting system approval that is | 7 |
| requested (such as approval of a new system, a modification of | 8 |
| an existing system, the size of the modification, etc.). No | 9 |
| voting system or modification of a voting system shall be | 10 |
| approved unless the fee is paid.
| 11 |
| No vendor, person, or other entity may sell, lease, or | 12 |
| loan, or have a written contract, including a contract | 13 |
| contingent upon State Board approval of the voting system or | 14 |
| voting system component, to sell, lease, or loan, a voting
| 15 |
| system or voting system component to any election jurisdiction | 16 |
| unless the
voting system or voting system component is first | 17 |
| approved by the State
Board of Elections pursuant to this | 18 |
| Section.
| 19 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 20 |
| (10 ILCS 5/24B-5.1)
| 21 |
| Sec. 24B-5.1. Instruction of Voters; Instruction
Model; | 22 |
| Partiality to Political Party; Manner of Instruction.
Before | 23 |
| entering the voting booth each voter shall be offered
| 24 |
| instruction in the marking of the Precinct Tabulation Optical
| 25 |
| Scan Technology ballot sheet. In instructing voters, no |
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
| 1 |
| precinct
official may show partiality to any political party , | 2 |
| and, at the 2008 general election, when instructing a
voter on | 3 |
| how to vote a straight ticket for one political party the | 4 |
| precinct
official shall at the same time instruct the voter how | 5 |
| to vote a straight
ticket for any other political party that | 6 |
| appears on the ballot label . The
duties of
instruction shall be | 7 |
| discharged by a judge from each of the
political parties | 8 |
| represented and they shall alternate serving as
instructor so | 9 |
| that each judge shall serve a like time at such
duties. No | 10 |
| instructions may be given after the voter has entered
the | 11 |
| voting booth.
| 12 |
| No precinct official, or person assisting a voter may in | 13 |
| any
manner request, suggest, or seek to persuade or induce any | 14 |
| voter
to cast his or her vote for any particular ticket, | 15 |
| candidate, amendment,
question or proposition. All | 16 |
| instructions shall be given by
precinct officials in a manner | 17 |
| that it may be observed by
other persons in the polling place.
| 18 |
| (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
| 19 |
| (10 ILCS 5/24B-16)
| 20 |
| Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
| 21 |
| Technology Voting Systems; Requisites. The State Board of
| 22 |
| Elections shall approve all Precinct Tabulation Optical Scan
| 23 |
| Technology voting systems provided by this Article.
| 24 |
| No Precinct Tabulation Optical Scan Technology voting | 25 |
| system
shall be approved unless it fulfills the following |
|
|
|
09500HB2673ham004 |
- 25 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| requirements:
| 2 |
| (a) It enables a voter to vote in absolute secrecy;
| 3 |
| (b) It enables a voter, at the 2008 general election | 4 |
| only, to vote a straight-party
ticket (Blank) ;
| 5 |
| (c) It enables a voter to vote a ticket selected in | 6 |
| part
from the nominees of one party, and in part from the | 7 |
| nominees of
any or all parties, and in part from | 8 |
| independent candidates, and
in part of candidates whose | 9 |
| names are written in by the voter;
| 10 |
| (d) It enables a voter to vote a written or printed | 11 |
| ticket
of his or her own selection for any person for any | 12 |
| office for whom he or she
may desire to vote;
| 13 |
| (e) It will reject all votes for an office or upon a
| 14 |
| proposition when the voter has cast more votes for the | 15 |
| office or
upon the proposition than he or she is entitled | 16 |
| to cast;
| 17 |
| (e-5) It will identify when a voter has not voted for | 18 |
| all statewide constitutional offices; and
| 19 |
| (f) It will accommodate all propositions to be | 20 |
| submitted to
the voters in the form provided by law or, | 21 |
| where no form is
provided, then in brief form, not to | 22 |
| exceed 75 words.
| 23 |
| The State Board of Elections shall not approve any voting | 24 |
| equipment or system that includes an external Infrared Data | 25 |
| Association (IrDA) communications port.
| 26 |
| The State Board of Elections is authorized to withdraw its
|
|
|
|
09500HB2673ham004 |
- 26 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| approval of a Precinct Tabulation Optical Scan Technology | 2 |
| voting
system if the system fails to fulfill the above | 3 |
| requirements.
| 4 |
| The vendor, person, or other private entity shall be solely | 5 |
| responsible for the production and cost of: all application | 6 |
| fees; all ballots; additional temporary workers; and other | 7 |
| equipment or facilities needed and used in the testing of the | 8 |
| vendor's, person's, or other private entity's respective | 9 |
| equipment and software.
| 10 |
| Any voting system vendor, person, or other private entity | 11 |
| seeking the State Board of Elections' approval of a voting | 12 |
| system shall, as part of the approval application, submit to | 13 |
| the State Board a non-refundable fee. The State Board of | 14 |
| Elections by rule shall establish an appropriate fee structure, | 15 |
| taking into account the type of voting system approval that is | 16 |
| requested (such as approval of a new system, a modification of | 17 |
| an existing system, the size of the modification, etc.). No | 18 |
| voting system or modification of a voting system shall be | 19 |
| approved unless the fee is paid.
| 20 |
| No vendor, person, or other entity may sell, lease, or | 21 |
| loan, or have a written contract, including a contract | 22 |
| contingent upon State Board approval of the voting system or | 23 |
| voting system component, to sell, lease, or loan, a
voting | 24 |
| system or Precinct Tabulation Optical Scan Technology
voting | 25 |
| system component to any election jurisdiction unless the
voting | 26 |
| system or voting system component is first approved by the
|
|
|
|
09500HB2673ham004 |
- 27 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| State Board of Elections pursuant to this Section.
| 2 |
| (Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| 3 |
| (10 ILCS 5/24C-1)
| 4 |
| Sec. 24C-1. Purpose ; straight ticket voting . | 5 |
| (a) The purpose of this Article is to
authorize the use of | 6 |
| Direct Recording Electronic Voting Systems
approved by the | 7 |
| State Board of Elections. In a Direct Recording
Electronic | 8 |
| Voting System, voters cast votes by means of a ballot
display | 9 |
| provided with mechanical or electro-optical devices that
can be | 10 |
| activated by the voters to mark their choices for the
| 11 |
| candidates of their preference and for or against public
| 12 |
| questions. Such voting devices shall be capable of
| 13 |
| instantaneously recording such votes, storing such votes,
| 14 |
| producing a permanent paper record and tabulating such votes at
| 15 |
| the precinct or at one or more counting stations. This Article
| 16 |
| authorizes the use of Direct Recording Electronic Voting | 17 |
| Systems
for in-precinct counting applications and for | 18 |
| in-person absentee
voting in the office of the election | 19 |
| authority and in the
offices of local officials authorized by | 20 |
| the election authority
to conduct such absentee voting. All | 21 |
| other absentee ballots
must be counted at the office of the | 22 |
| election authority.
| 23 |
| (b) This Article shall be implemented to permit straight | 24 |
| ticket voting, at the 2008 general election only, as authorized | 25 |
| by this Code. |
|
|
|
09500HB2673ham004 |
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LRB095 01097 JAM 49978 a |
|
| 1 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 2 |
| (10 ILCS 5/24C-11)
| 3 |
| Sec. 24C-11. Functional requirements. A Direct Recording | 4 |
| Electronic Voting System shall, in
addition to satisfying the | 5 |
| other requirements of this Article,
fulfill the following | 6 |
| functional requirements:
| 7 |
| (a) Provide a voter in a primary election with the means
of | 8 |
| casting a ballot containing votes for any and all candidates
of | 9 |
| the party or parties of his or her choice, and for any and
all | 10 |
| non-partisan candidates and public questions and preclude
the | 11 |
| voter from voting for any candidate of any other political
| 12 |
| party except when legally permitted. In a general election, the
| 13 |
| system shall provide the voter with means of selecting the
| 14 |
| appropriate number of candidates for any office, and of voting
| 15 |
| on any public question on the ballot to which he or she is
| 16 |
| entitled to vote.
| 17 |
| (b) If a voter is not entitled to vote for particular
| 18 |
| candidates or public questions appearing on the ballot, the
| 19 |
| system shall prevent the selection of the prohibited votes.
| 20 |
| (c) Once the proper ballot has been selected, the
system | 21 |
| devices shall provide a means of enabling the recording
of | 22 |
| votes and the casting of said ballot.
| 23 |
| (d) System voting devices shall provide voting choices
that | 24 |
| are clear to the voter and labels indicating the names of
every | 25 |
| candidate and the text of every public question on the
voter's |
|
|
|
09500HB2673ham004 |
- 29 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| ballot. Each label shall identify the selection button
or | 2 |
| switch, or the active area of the ballot associated with it.
| 3 |
| The system shall be able to incorporate minimal, easy-to-follow
| 4 |
| on-screen instruction for the voter on how to cast a ballot.
| 5 |
| (e) Voting devices shall (i) enable the voter to vote for
| 6 |
| any and all candidates and public questions appearing on the
| 7 |
| ballot for which the voter is lawfully entitled to vote, in any
| 8 |
| legal number and combination , including, at the 2008 general | 9 |
| election only, a straight party ticket ; (ii) detect and reject | 10 |
| all votes
for an office or upon a public question when the | 11 |
| voter has cast
more votes for the office or upon the public | 12 |
| question than the
voter is entitled to cast; (iii) notify the | 13 |
| voter if the voter's
choices as recorded on the ballot for an | 14 |
| office or public
question are fewer than or exceed the number | 15 |
| that the voter is
entitled to vote for on that office or public | 16 |
| question and the
effect of casting more or fewer votes than | 17 |
| legally permitted; (iv) notify
the voter if the voter has | 18 |
| failed to completely cast a vote for
an office or public | 19 |
| question appearing on the ballot; and (v)
permit the voter, in | 20 |
| a private and independent manner, to verify
the votes selected | 21 |
| by the voter, to change the ballot or to
correct any error on | 22 |
| the ballot before the ballot is completely cast and
counted. A | 23 |
| means shall be provided to indicate each selection
after it has | 24 |
| been made or canceled.
| 25 |
| (f) System voting devices shall provide a means for the
| 26 |
| voter to signify that the selection of candidates and public
|
|
|
|
09500HB2673ham004 |
- 30 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| questions has been completed. Upon activation, the system shall
| 2 |
| record an image of the completed ballot, increment the proper
| 3 |
| ballot position registers, and shall signify to the voter that
| 4 |
| the ballot has been cast. The system shall then prevent any
| 5 |
| further attempt to vote until it has been reset or re-enabled | 6 |
| by
a judge of election.
| 7 |
| (g) Each system voting device shall be equipped with a
| 8 |
| public counter that can be set to zero prior to the opening of
| 9 |
| the polling place, and that records the number of ballots cast
| 10 |
| at a particular election. The counter shall be incremented only
| 11 |
| by the casting of a ballot. The counter shall be designed to
| 12 |
| prevent disabling or resetting by other than authorized persons
| 13 |
| after the polls close. The counter shall be visible to all
| 14 |
| judges of election so long as the device is installed at the
| 15 |
| polling place.
| 16 |
| (h) Each system voting device shall be equipped with a
| 17 |
| protective counter that records all of the testing and election
| 18 |
| ballots cast since the unit was built. This counter shall be
| 19 |
| designed so that its reading cannot be changed by any cause
| 20 |
| other than the casting of a ballot. The protective counter
| 21 |
| shall be incapable of ever being reset and it shall be visible
| 22 |
| at all times when the device is configured for testing,
| 23 |
| maintenance, or election use.
| 24 |
| (i) All system devices shall provide a means of preventing
| 25 |
| further voting once the polling place has closed and after all
| 26 |
| eligible voters have voted. Such means of control shall
|
|
|
|
09500HB2673ham004 |
- 31 - |
LRB095 01097 JAM 49978 a |
|
| 1 |
| incorporate a visible indication of system status. Each device
| 2 |
| shall prevent any unauthorized use, prevent tampering with
| 3 |
| ballot labels and preclude its re-opening once the poll closing
| 4 |
| has been completed for that election.
| 5 |
| (j) The system shall produce a printed summary report of
| 6 |
| the votes cast upon each voting device. Until the proper
| 7 |
| sequence of events associated with closing the polling place | 8 |
| has
been completed, the system shall not allow the printing of | 9 |
| a
report or the extraction of data. The printed report shall | 10 |
| also
contain all system audit information to be required by the
| 11 |
| election authority. Data shall not be altered or otherwise
| 12 |
| destroyed by report generation and the system shall ensure the
| 13 |
| integrity and security of data for a period of at least 6 | 14 |
| months
after the polls close.
| 15 |
| (k) If more than one voting device is used in a polling
| 16 |
| place, the system shall provide a means to manually or
| 17 |
| electronically consolidate the data from all such units into a
| 18 |
| single report even if different voting systems are used to
| 19 |
| record absentee ballots. The system shall also be capable of
| 20 |
| merging the vote tabulation results produced by other vote
| 21 |
| tabulation systems, if necessary.
| 22 |
| (l) System functions shall be implemented such that
| 23 |
| unauthorized access to them is prevented and the execution of
| 24 |
| authorized functions in an improper sequence is precluded.
| 25 |
| System functions shall be executable only in the intended | 26 |
| manner
and order, and only under the intended conditions. If |
|
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| 1 |
| the
preconditions to a system function have not been met, the
| 2 |
| function shall be precluded from executing by the system's
| 3 |
| control logic.
| 4 |
| (m) All system voting devices shall incorporate at least 3
| 5 |
| memories in the machine itself and in its programmable memory
| 6 |
| devices.
| 7 |
| (n) The system shall include capabilities of recording and
| 8 |
| reporting the date and time of normal and abnormal events and | 9 |
| of
maintaining a permanent record of audit information that | 10 |
| cannot
be turned off. Provisions shall be made to detect and | 11 |
| record
significant events (e.g., casting a ballot, error | 12 |
| conditions
that cannot be disposed of by the system itself, | 13 |
| time-dependent
or programmed events that occur without the | 14 |
| intervention of the
voter or a judge of election).
| 15 |
| (o) The system and each system voting device must be
| 16 |
| capable of creating, printing and maintaining a permanent paper
| 17 |
| record and an electronic image of each ballot that is cast such
| 18 |
| that records of individual ballots are maintained by a | 19 |
| subsystem
independent and distinct from the main vote | 20 |
| detection,
interpretation, processing and reporting path. The | 21 |
| electronic
images of each ballot must protect the integrity of | 22 |
| the data and
the anonymity of each voter, for example, by means | 23 |
| of storage
location scrambling. The ballot image records may be | 24 |
| either
machine-readable or manually transcribed, or both, at | 25 |
| the
discretion of the election authority.
| 26 |
| (p) The system shall include built-in test, measurement
and |
|
|
|
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| 1 |
| diagnostic software and hardware for detecting and reporting
| 2 |
| the system's status and degree of operability.
| 3 |
| (q) The system shall contain provisions for maintaining
the | 4 |
| integrity of memory voting and audit data during an election
| 5 |
| and for a period of at least 6 months thereafter and shall
| 6 |
| provide the means for creating an audit trail.
| 7 |
| (r) The system shall be fully accessible so as to permit | 8 |
| blind or
visually impaired voters as well as physically | 9 |
| disabled voters
to exercise their right to vote in private and | 10 |
| without
assistance.
| 11 |
| (s) The system shall provide alternative language
| 12 |
| accessibility if required pursuant to Section 203 of the Voting
| 13 |
| Rights Act of 1965.
| 14 |
| (t) Each voting device shall enable a voter to vote for a
| 15 |
| person whose name does not appear on the ballot.
| 16 |
| (u) The system shall record and count accurately each vote
| 17 |
| properly cast for or against any candidate and for or against
| 18 |
| any public question, including the names of all candidates | 19 |
| whose
names are written in by the voters.
| 20 |
| (v) The system shall allow for accepting provisional
| 21 |
| ballots and for separating such provisional ballots from
| 22 |
| precinct totals until authorized by the election authority.
| 23 |
| (w) The system shall provide an effective audit trail as
| 24 |
| defined in Section 24C-2 in this Code.
| 25 |
| (x) The system shall be suitably designed for the purpose
| 26 |
| used, be durably constructed, and be designed for safety,
|
|
|
|
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| 1 |
| accuracy and efficiency.
| 2 |
| (y) The system shall comply with all provisions of
federal, | 3 |
| State and local election laws and regulations and any
future | 4 |
| modifications to those laws and regulations.
| 5 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|