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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/24-14
(10 ILCS 5/24-14) (from Ch. 46, par. 24-14)
Sec. 24-14.
Ballots voted for any person whose name does not appear on the
ballot label on the machine as a candidate for office are herein referred
to as irregular ballots.
Such irregular ballot shall be deposited, written or affixed in or upon
the receptacle or device provided on the machine for that purpose.
(Source: Laws 1943, vol. 2, p. 288 .)
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10 ILCS 5/24-15
(10 ILCS 5/24-15) (from Ch. 46, par. 24-15)
Sec. 24-15.
As soon as the polls are closed, the voting machine or machines
shall be locked in order to prevent further voting and each machine shall
be sealed against voting and tampering, with a numbered metal seal, and the
number of such metal seal shall be recorded at once on the certificate
provided for that purpose, and the number on the protective counter of each
voting machine shall also be recorded on the certificate in the space
provided for that purpose, and the number on the public counter shall be
recorded in the space provided for that purpose. The counting compartment
shall then be opened in the presence of all the precinct election officials
and all watchers and other persons who may be lawfully within the room,
giving full view of the numbers announcing the votes cast for each
candidate, and the vote for and against each of the questions or other
propositions. Provided, however, when a machine is equipped with a device
which will automatically record the number on the registering columns for
each candidate, question or proposition on the back of the machine to a
paper recording sheet then the recording sheet shall be removed and the
vote cast shall be announced from the recording sheet for each candidate
and the vote for and against each question or proposition. When voting
machines are used in an election precinct, the watchers provided by law to
be present in the polling place on election day shall be permitted to make
a record of the number on the metal seal with which each voting machine is
sealed, and to also record the number shown on the protective counter of
each voting machine, and such watchers shall also be permitted to examine
the counters of the voting machines as the totals are being announced for
transcription to the return sheets or from the recording sheets and also to
examine the return sheets or the recording sheets as the totals are being
recorded or checked thereon. In voting machine precincts where the voting
machine is not equipped with the automatic recording sheet the officer,
officers board or boards charged by law to furnish the ballot labels for
the voting machines shall also furnish for each election precinct in which
a voting machine is to be used, at least two duplicate return sheets which
shall be used by the precinct election board of such election precinct for
recording the results of the election. Such return sheets shall be printed
in the form of a diagram exactly corresponding, in arrangement, with the
face of the voting machine, and such return sheets shall also correspond,
in as far as arrangement is concerned, with the sample ballots, and each
return sheet shall provide printed instructions for the exact procedure
which the precinct election board shall follow when making the canvass of
the results of the election, and such return sheets shall also provide the
office titles, party names, candidates' names and code letters and number,
arranged in the same manner as on the ballot labels, and there shall be
provided a space for inserting the serial number of each voting machine, so
that the totals recorded from each voting machine may be identified as
being from a certain voting machine, and there shall be provided a space
for recording such separate total for each candidate and constitutional
amendment, or other question or proposition, from each separate voting
machine, and a space for recording the total of the vote by mail and early vote
in the same manner, so that the final total for each candidate,
constitutional amendment, question or other proposition, may be totaled by
adding all the figures in a column. Totals on the return sheets shall be
recorded in figures only, in ink. The same authorities shall also furnish
to each such election precinct suitable printed forms for use by the
precinct election board, in making out the certificates provided for in
this Article. Such certificates shall be made a part of the return sheets
if practicable, or may be on separate sheets.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/24-16
(10 ILCS 5/24-16) (from Ch. 46, par. 24-16)
Sec. 24-16.
The precinct election officers shall then ascertain the
number of votes which the candidates received both on the machine or
machines, and by the voting of irregular ballots, if any. Except when
the machine is equipped with a device which will automatically record
the registering column on the back of the machine to sheets of paper
giving the accurate vote cast for each candidate. Two precinct election
officials, not members of the same political party, shall write the
totals in figures, in ink, for such candidate on the duplicate return
sheets provided for that purpose, while one election officer announces
in a distinct voice the total vote cast for each candidate thus
ascertained in the order of the offices as their titles are arranged on
the ballot label, and the remaining precinct election official or
officials, if any, shall be stationed at the counter compartment of the
voting machine being canvassed and shall watch each total as it is being
called out from the registering counters. Each precinct election
official who is recording the totals on the return sheets shall
distinctly repeat each total as it is announced from the counter of the
voting machine. The totals of each machine for each candidate shall be
recorded on the return sheets in such a manner that they may be
identified by the serial number of the voting machine. The vote both for
and against each question or other proposition shall also be announced
and recorded in the same manner as the vote for the candidates. When the
machine is equipped with a device which will automatically record the
registering column on the back of the machine to recording sheets of
paper giving the accurate vote cast for each candidate then the totals
cast for each candidate or each question or proposition shall be called
out the same as if they were being read from the Counter Compartment of
the voting machine, provided however the paper recording sheet shall
constitute the return sheet for the precinct or consolidated area and no
return sheets shall be required. When more than one voting machine is
used in the same election precinct, the canvass of the first machine
shall be completed before the second and so on. When the canvass of all
totals shall have been completed, the precinct election board shall
canvass all vote by mail ballots in the same manner provided by law for
canvassing paper ballots. The totals of the vote by mail votes for each
candidate and for each question or other proposition shall be recorded
on the return sheets under the totals from the voting machines and the
final total of the votes received by each candidate, and each
constitutional amendment, question or other proposition, shall be
ascertained and recorded in the space provided for that purpose on the
return sheets. Upon the completion of the canvass as hereinbefore
provided, one of the precinct election officials shall, in a loud and
distinct voice announce the total votes received by each candidate, and
the total votes cast both for and against each constitutional amendment,
question or other proposition, and such proclamation shall be made
slowly enough so as to enable anyone desiring to do so, to record each
such result as it is announced. Except where a voting machine is
equipped with an automatic recording sheet when the proclamation is
completed, the election official who announced the totals from the
counters of the machine or machines, shall take his place at one of the
return sheets and one of the election officials of the opposite party
who has completed the recording of the returns on the return sheets
shall take his place at the counter compartment of the voting machine
first canvassed, and he shall then proceed to announce each total on
each registering counter in the same manner as it was done for the first
canvass. Before the recheck of the voting machine is begun, the two
precinct election officials who are to recheck the totals on the return
sheets shall exchange return sheets and each election official shall
then, as the canvass proceeds, check each total as it is announced from
the registering counters of the voting machine or machines for the
second time. As each total is announced each precinct election official
who is checking the totals on the return sheets shall repeat in a loud
and distinct voice each total as it is announced. If any errors in the
original canvass are discovered they shall be corrected at once in the
presence of all the precinct election officials and a certificate shall
be prepared and signed by each such election official, setting forth
which errors were discovered and what corrections were made, and such
certificate shall be made in duplicate and one filed with each return
sheet. During the process of rechecking each total on the machines, the
precinct election official or officials, if any, who at the original
canvass acted as watcher or watchers at the registering counters of the
machines, shall in the same manner verify the accuracy of each total as
it is announced from the machine or machines and is repeated by the two
precinct election officials who are rechecking the totals as written on
the return sheets. When this recheck is completed the entire precinct
election board shall take one of the return sheets and fold it in
accordion pleats approximately ten inches wide with the face of the
return sheet out, in such a manner that each pleat can easily be turned
as the final recheck proceeds. The entire precinct election board shall
then begin at the voting machine first canvassed and each such election
official shall, simultaneously with the other such election officials,
and in the presence of each other, examine each registering counter on
the voting machine, and immediately examine the corresponding record for
that counter, as it is written on the return sheet, and shall satisfy
himself that both numbers are the same. Each total on each voting
machine shall be as examined and when such examination has been
completed, the entire precinct election board shall then compare each
total on such return sheet with the corresponding total on the duplicate
return sheet and each precinct election official shall satisfy himself
that all totals are the same on both return sheets. Each precinct
election official shall sign a certificate stating that each step in the
canvass of the voting machines, as provided herein, has been carefully
and faithfully carried out in every detail. If any errors are discovered
during the final recheck of the registering counters and comparison of
the duplicate return sheets, such errors shall be corrected at once, and
each precinct election official shall sign a certificate stating which
errors were found and what corrections were made and such corrections
shall be made in the presence of all the precinct election officials.
The precinct election board shall then canvass the irregular ballot in
substantially the same manner as the law provides for canvassing the
returns for paper ballots, and shall record the results thereof on the
return sheets in the space provided for that purpose. Before leaving the
room and before closing and locking the counting compartment, each
precinct election official shall make and sign the certificate and
written statements and the return sheets of such election as provided by
law. In precincts where the voting machines are equipped with the
automatic recording sheet and two or more machines the total vote cast
for each candidate, question or proposition from each machine shall be
recorded separately on the statement of votes as provided for in Section
18-14, and the grand total of all votes appearing on the recording
sheets shall be recorded on the statement of votes and proclaimed by the
judges in the same manner as is herein provided for proclamation of
votes from the return sheets. All vote by mail ballots and irregular ballots
of each voting machine shall be returned to the proper officer together
with the return sheets and certificates and supplies and such vote by mail
ballots and irregular machine ballots shall be preserved and finally
destroyed as is now provided by law when paper ballots are used. The
written statements or returns so made, after having been properly
signed, shall be distinctly and clearly read in the hearing of all
persons present in the polling place, and ample opportunity shall be
given to compare the results so certified with the counter dials of the
machine. After such comparison and correction, if any is made, the
precinct election officials shall then close the counting compartment
and lock the same. Thereafter the voting machine shall remain locked and
sealed against voting for a period of at least 30 days, after the
results of the election have been declared, unless otherwise ordered by
the circuit court: provided, however, upon application to the circuit
court, the circuit judge may order the said machines opened prior to the
thirty day period herein required to be closed. The circuit court in its
order shall specify the manner in which the count recorded on the
machines shall be taken and preserved: provided, however, when the
machines are equipped with any recording or photographic device on which
votes registered on the mechanical counters will be separately recorded
or photographed, as provided in Section 24-18 hereof, and it is
necessary to use said machines at an election occurring within said 30
days, then after the machines have remained locked for a period of 48
hours they may be prepared for such subsequent election as herein
provided. Whenever it is necessary to reset the machines for another
election prior to the time limit for the filing of election contests, it
shall be the duty of the proper officials to make a photographic record
of the machines involved to be used in case of an election contest,
whereupon the machines may be set back to zero and arranged for the next
election.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/24-17
(10 ILCS 5/24-17) (from Ch. 46, par. 24-17)
Sec. 24-17.
All of the keys of the machine or machines other than those
automatically sealed in the machine, shall be placed in the envelopes
provided for that purpose, and the envelopes shall be sealed and the
envelopes shall designate the serial number of the voting machine to which
such keys belong, and the number of the precinct and ward in which such
voting machine was used at such election, and such keys shall be returned
along with the written statements or returns of such election.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/24-18
(10 ILCS 5/24-18) (from Ch. 46, par. 24-18)
Sec. 24-18.
A voting machine which passes all of the qualities
required by this Article may be supplied, in addition, with any
recording or photographic device on which the votes registered on the
mechanical counters will be separately recorded or photographed. When a
machine is supplied with a recording device which automatically
registers the votes cast for candidates, questions or propositions, on
separate recording sheets one copy shall be removed at the close of the
polls to record the vote cast for each candidate, question or
proposition and the other recording device shall not be taken out or
examined by the election officers who make returns from the precinct,
but such machine shall be locked with such device therein and so remain
until the record made by such photographic or other device is removed
and prepared for examination by the official canvassing board having
charge of canvassing the returns of such election or primary, and the
official canvassing board shall compare the totals as shown on the
official return sheets with the totals as shown on the photographic or
other device, and see that both such totals are the same. In case such
totals are found not to be the same, such canvassing board shall summon
the precinct election board which made the returns and together these
two official bodies shall make the necessary investigation to ascertain
the true facts and shall then correct the official return sheets as
necessary. The record provided by such photographic or other device
shall be filed along with the official return sheets by the officials
now charged by law with filing and preserving the official return
sheets, and shall be kept so filed for the same length of time as the
law now provides for the filing and preservations of the official return
sheets.
(Source: P.A. 80-1031.)
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10 ILCS 5/24-19
(10 ILCS 5/24-19) (from Ch. 46, par. 24-19)
Sec. 24-19.
No person not an election officer or other public official
shall tamper or attempt to tamper with such voting machine or voting
machines, or in any way intentionally impair or attempt to impair its use,
or attempt any dishonest practice upon any such voting machine, or with or
by its use.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/24-20
(10 ILCS 5/24-20) (from Ch. 46, par. 24-20)
Sec. 24-20.
No judge of an election or inspector, or any custodian or other
public official authorized to take part in the holding of an election or in
preparing for an election, shall, with intent to cause or permit any voting
machine to fail to register correctly all votes cast thereon; or tamper
with or disarrange such machine in any way or any part or appliance
thereof, or cause or consent to said machine being used for voting at any
election with knowledge of the fact that the same is not in order, or not
perfectly set and adjusted so that it will correctly register all votes
cast thereon; or, with the purpose of defrauding or deceiving any voter or
of causing it to be doubtful for what ticket or candidate or candidates or
proposition any vote is cast, or of causing it to appear on said machine
that the votes cast for one ticket, candidate or proposition, were cast for
another ticket, candidate or proposition, remove, change or mutilate any
ballot label on said machine or any part thereof; or do any other thing
intended to interfere with the validity or accuracy of the election, and
the results thereof, or fraudulently cause an incorrect return of the
election.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/24-22
(10 ILCS 5/24-22) (from Ch. 46, par. 24-22)
Sec. 24-22.
All the provisions of this Act, not inconsistent with this
Article, shall apply to all the elections in the precincts where such
voting machines are used. Any provisions of law which conflict with the use
of such machine or machines as set forth in this Article, shall not apply
to the precinct or precincts in which an election is conducted by the use
of such machine or machines.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/24-23
(10 ILCS 5/24-23) (from Ch. 46, par. 24-23)
Sec. 24-23.
If any section, paragraph, sentence, or clause of this Article
is for any reason held invalid or to be unconstitutional, such decision
shall not affect the remaining portion of this Article, or any section or
part thereof; if this entire article is held invalid, such invalidity shall
not affect any other article of this Act.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/Art. 24A
(10 ILCS 5/Art. 24A heading)
ARTICLE 24A.
ELECTRONIC, MECHANICAL OR ELECTRIC VOTING SYSTEMS
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10 ILCS 5/24A-1
(10 ILCS 5/24A-1) (from Ch. 46, par. 24A-1)
Sec. 24A-1.
The purpose of this Article is to authorize the use of voting
systems approved by the State Board of Elections in which the voter records
his votes by means of marking or punching a ballot or one or more ballot
cards, which are so designed that votes will be counted by data processing
machines at one or more counting places.
(Source: P.A. 84-862.)
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10 ILCS 5/24A-2
(10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
Sec. 24A-2. As used in this Article: "Computer", "Automatic tabulating
equipment" or "equipment" includes apparatus necessary to automatically
examine and count votes as designated on ballots, and data processing
machines which can be used for counting ballots and tabulating results.
"Ballot card" means a ballot which is voted by the process of
punching.
"Ballot configuration" means the particular combination of political
subdivision ballots including, for each political subdivision, the particular
combination of offices, candidate names and ballot position
numbers for each candidate and question as it appears for each group of
voters who may cast the same ballot.
"Ballot labels" means the cards, papers, booklet, pages or other
material containing the names of officers and candidates and statements
of measures to be voted on.
"Ballot sheet" means a paper ballot printed on one or both sides which
is (1) designed and prepared so that the voter may indicate his or her votes
in designated areas, which must be enclosed areas clearly printed or otherwise
delineated for such purpose, and (2) capable of having votes marked in the
designated areas automatically examined, counted, and tabulated by an
electronic scanning process.
"Ballot" may include ballot cards, ballot labels and paper ballots.
"Separate ballot", with respect to ballot sheets, means a separate portion
of the ballot sheet in which the color of the ink used in printing that
portion of the ballot sheet is distinct from the color of the ink used in
printing any other portion of the ballot sheet.
"Column" in an electronic voting system which utilizes a ballot card
means a space on a ballot card for punching the voter's vote arranged in
a row running lengthwise on the ballot card.
"Central Counting" means the counting of
ballots in one or more locations selected by the
election authority for the processing or counting, or both, of
ballots. A location for central counting shall be within the territorial
jurisdiction of such election authority unless there is no suitable
tabulating equipment available within his territorial jurisdiction.
However, in any event a counting location shall be within this State.
"In-precinct counting" means the counting of ballots on automatic tabulating
equipment provided by the election authority in the same precinct polling
place in which those ballots have been cast.
"Computer operator" means any person or persons designated by the election
authority to operate the automatic tabulating equipment during any portion
of the vote tallying process in an election, but shall not include judges
of election operating vote tabulating equipment in the precinct.
"Computer program" or "program" means the set of operating instructions
for the automatic tabulating equipment by which it examines, counts,
tabulates, canvasses and prints votes recorded by a voter on a ballot
card or other medium.
"Edit listing" means a computer generated listing of the names and ballot
position numbers for each candidate and proposition
as they appear in the program for each precinct.
"Voting System" or "Electronic Voting System" means that combination of
equipment and programs used in the casting, examination and tabulation of
ballots and the cumulation and reporting of results by electronic means.
"Header card" means a data processing card which is coded to indicate
to the computer the precinct identity of the ballot cards that will follow
immediately and may indicate to the computer how such ballot cards are to
be tabulated.
"Marking device" means either an apparatus in which ballots or ballot
cards are inserted and used in connection with a punch apparatus for the
piercing of ballots by the voter, or any approved device for marking a
paper ballot with ink or other substance which will enable the ballot to
be tabulated by means of automatic tabulating equipment or by an electronic
scanning process.
"Redundant count" means a verification of the original computer count by
another count using compatible equipment or by hand as part of a discovery recount.
"Security punch" means a punch placed on a ballot card to identify to the
computer program the offices and propositions for which votes may be cast
and to indicate the manner in which votes cast should be tabulated
while negating any inadmissible votes.
(Source: P.A. 95-331, eff. 8-21-07.)
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10 ILCS 5/24A-3
(10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3)
Sec. 24A-3.
Except as otherwise provided in this Section, any county
board, board of county commissioners
and any board of election commissioners, with respect to territory within its
jurisdiction, may adopt, experiment with, or abandon a voting system
approved for use by the State Board of Elections and may use such voting
system in all or some of the precincts within its jurisdiction, or in
combination with paper ballots or voting machines. Any such county board,
board of county commissioners or board of election
commissioners may contract for the tabulation of votes at a location
outside its territorial jurisdiction when there is no suitable
tabulating equipment available within its territorial jurisdiction.
In no case may a county board, board of county commissioners or board of
election commissioners contract or arrange for the purchase, lease or loan
of an electronic voting system or voting system component without the
approval of the State Board of Elections as provided by Section 24A-16.
However, the county board and board of county commissioners of each
county having a population of 40,000
or more, with respect to all elections for which the county board or the
county clerk is charged with the duty of providing materials and
supplies, and each board of election commissioners in a municipality
having a population of 40,000 or more, with respect to elections under
its jurisdiction, must provide either voting systems
approved for use by the State Board of Elections under
this Article or voting machines under Article 24 for each precinct for
all such elections except as provided in Section 24-1.2. For purposes
of this Section 24A-3, the term "population" does not
include persons prohibited from voting by Section 3-5 of this Act.
Before any such system is introduced, adopted or used in any precinct
or territory at least 2 months public notice must be given before the
date of the first election wherein such voting system is to be used. The
election authority shall publish the notice at
least once in one or more newspapers published within the county, or other
jurisdiction, as the case may be, in which the
election is held. If there is no such newspaper, the notice shall be
published in a newspaper published in the county and having a general
circulation within such jurisdiction. The notice shall be substantially
as follows:
Notice is hereby given that on (give date), at (give
place where election is held) in the county of ...., an election
will be held for (give name of offices to be filled) at which
an electronic voting system will be used.
Dated at .... on (insert date).
The notice referred to herein shall be given only at the first
election at which such voting machines or voting systems are used.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/24A-3.1
(10 ILCS 5/24A-3.1) (from Ch. 46, par. 24A-3.1)
Sec. 24A-3.1.
When an electronic voting system is used, the County
Board or Board of Election Commissioners
may retain existing precincts or may consolidate, combine, alter,
decrease or enlarge the boundaries of the precincts so as to change the
number of registered voters of the precincts using the electronic voting
system, establishing the number of registered voters within each
precinct at such number not to exceed 800 as the appropriate County
Board or Board of Election Commissioners,
determines will afford adequate voting facilities and efficient
and economical elections.
Except in the event of a fire, flood or total loss of heat in a place
fixed or established pursuant to law by any County Board or Board of
Election Commissioners as
a polling place for an election, no election authority shall change the
location of a polling place so established for any precinct after notice of
the place of holding the election for that precinct has been given as
required under Article 12 unless the election authority notifies all
registered voters in the precinct of the change in location by first class
mail in sufficient time for such notice to be received by the registered
voters in the precinct at least one day prior to the date of the election.
(Source: P.A. 86-867.)
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10 ILCS 5/24A-4
(10 ILCS 5/24A-4) (from Ch. 46, par. 24A-4)
Sec. 24A-4.
Voting systems may be used in elections provided that such
systems enable the voter to cast a vote for all offices and on all measures
on which he is entitled to vote, and that the automatic tabulating
equipment may be set to reject all votes for any office or measure when the
number of votes therefor exceeds the number which the voter is entitled to
cast, and provided that such systems are approved for use by the
State Board of Elections.
So far as applicable, the procedure provided for voting paper ballots
shall apply when electronic voting systems are used.
(Source: P.A. 84-862.)
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10 ILCS 5/24A-5
(10 ILCS 5/24A-5) (from Ch. 46, par. 24A-5)
Sec. 24A-5.
In precincts where an electronic voting system is used,
a sufficient number of voting booths shall be provided for the use of
such systems according to the requirements determined by the State Board
of Elections, and the booths shall be arranged in the same manner as
provided for use with paper ballots. Each such booth shall be placed
so that the entrance to each booth faces a wall in such a manner that no
judge of election or pollwatcher is able to observe a voter casting a ballot.
Whenever at a primary election at which an electronic voting system
is used there is also an election for officers or on propositions in
which qualified voters have the right to vote without participating in
the primary of any party, a separate voting booth may be provided for
those voters who do not wish to participate in the primary of any party.
Such determination shall be made by resolution of the county board,
municipal board of election commissioners or county board
of election commissioners, whichever is applicable. Unless paper
ballots are used for such other election, such separate voting booth
shall contain a ballot label booklet containing only those officers and
propositions on which such voters are entitled to vote.
(Source: P.A. 84-659.)
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10 ILCS 5/24A-5.1
(10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
Sec. 24A-5.1.
For the instruction of voters on election day, the election official in
charge of the election shall provide at each polling place one
instruction-model electronic voting system marking device. Each such
instruction-model shall show the arrangement of party rows, office columns
and questions. Such model shall be located at a place which voters must
pass to reach the official marking device used in the actual casting of
votes.
Before entering the voting booth each voter shall be offered instruction
in the operation of the marking device by use of the instruction-model and
the voter shall be given ample opportunity to operate the model by himself.
In instructing voters, no precinct official may show partiality to any
political party. The duties of instruction shall be
discharged by a judge from each of the political parties represented and
they shall alternate serving as instructor so that each judge shall serve a
like time at such duties. No instructions may be given after the voter has
entered the voting booth.
No precinct official, or person assisting a voter may in any manner
request, suggest, or seek to persuade or induce any voter to cast his vote
for any particular ticket, candidate, amendment, question or proposition.
All instructions shall be given by precinct officials in such a manner that
it may be observed by other persons in the polling place.
(Source: P.A. 89-700, eff. 1-17-97.)
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10 ILCS 5/24A-5.2
(10 ILCS 5/24A-5.2) (from Ch. 46, par. 24A-5.2)
Sec. 24A-5.2.
When an electronic voting system is used in a forthcoming election,
the election authority may provide, for the
purpose of instructing voters in such election, one demonstrator
electronic voting system marking device for placement in any public
library within the political subdivision in which the election occurs.
If such placement of a demonstrator takes place it shall be made
available at least 30 days before the election.
(Source: P.A. 80-1469.)
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10 ILCS 5/24A-6
(10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
Sec. 24A-6. The ballot information, whether placed on the ballot or
on the marking device, shall, as far as practicable, be in the order of
arrangement provided for paper ballots, except that such information may
be in vertical or horizontal rows, or in a number of separate pages.
Ballots for all questions or propositions to be voted on must be
provided in the same manner and must be arranged on or in the marking
device or on the ballot sheet in the places provided for such purposes.
When an electronic voting system utilizes a ballot label booklet and
ballot card, ballots for candidates, ballots calling for a
constitutional convention, constitutional amendment ballots, judicial
retention ballots, public measures, and all propositions to be voted
upon may be placed on the electronic voting device by providing in the
ballot booklet separate ballot label pages or series of pages
distinguished by differing colors as provided below. When an electronic
voting system utilizes a ballot sheet, ballots calling for a constitutional
convention, constitutional amendment ballots and judicial retention ballots
shall be placed on the ballot sheet by providing a separate portion of the
ballot sheet for each such kind of ballot which shall be printed in ink
of a color distinct from the color of ink used in printing any other portion
of the ballot sheet. Ballots for candidates, public measures and all other
propositions to be voted upon shall be placed on the ballot sheet by providing
a separate portion of the ballot sheet for each such kind of ballot. Whenever a person has submitted a declaration of intent to be a write-in candidate as required in Sections 17-16.1 and 18-9.1,
a line
on which the name of a candidate may be written by the voter shall be printed below the name of the last candidate nominated for such office, and immediately
to the left of such line an area shall be provided for marking a vote for
such write-in candidate. The number of write-in lines for an office shall equal the number of persons who have filed declarations of intent to be write-in candidates plus an additional line or lines for write-in candidates who qualify to file declarations to be write-in candidates under Sections 17-16.1 and 18-9.1 when the certification of ballot contains the words "OBJECTION PENDING" next to the name of the candidate, up to the number of candidates for which a voter may vote. More than one amendment to the constitution may
be placed on the same ballot page or series of pages or on the same portion
of the ballot sheet, as the case may be. Ballot label pages for
constitutional conventions or constitutional amendments shall be on paper
of blue color and shall precede all other ballot label pages in the ballot
label booklet. More than one public measure or proposition may be placed
on the same ballot label page or series of pages or on the same portion of
the ballot sheet, as the case may be. More than one proposition for
retention of judges in office may be placed on the same ballot label page
or series of pages or on the same portion of the ballot sheet, as the case
may be. Ballot label pages for candidates shall be on paper of white
color, except that in primary elections the ballot label page or pages for
the candidates of each respective political party shall be of the color
designated by the election official in charge of the election for that
political party's candidates; provided that the ballot label pages or pages
for candidates for use at the nonpartisan and consolidated elections may be
on paper of different colors, except blue, whenever necessary or desirable
to facilitate distinguishing between the pages for different political
subdivisions. On each page
of
the candidate booklet, where the election is made to list ballot
information vertically, the party affiliation of each candidate or the word
"independent" shall appear immediately to the left of the candidate's
name, and the name of candidates for the same office shall be listed
vertically under the title of that office. If no candidate or candidates file for an office and if no person or persons file a declaration as a write-in candidate for that office, then below the title of that office the election authority instead shall print "No Candidate". In the case of nonpartisan
elections for officers of political subdivisions, unless the statute or
an ordinance adopted pursuant to Article VII of the Constitution
requires otherwise, the listing of such nonpartisan candidates shall not
include any party or "independent" designation. Ballot label pages for
judicial retention ballots shall be on paper of green color, and ballot
label pages for all public measures and other propositions shall be on
paper of some other distinct and different color. In primary elections,
a separate ballot label booklet, marking device and voting booth shall
be used for each political party holding a primary, with the ballot
label booklet arranged to include ballot label pages of the candidates
of the party and public measures and other propositions to be voted upon
on the day of the primary election. One ballot card may be used for
recording the voter's vote or choice on all such ballots, proposals,
public measures or propositions, and such ballot card shall be arranged
so as to record the voter's vote or choice in a separate column or
columns for each such kind of ballot, proposal, public measure or
proposition.
If the ballot label booklet includes both candidates for office and
public measures or propositions to be voted on, the election official in
charge of the election shall divide the pages by protruding tabs
identifying the division of the pages, and printing on such tabs
"Candidates" and "Propositions".
The ballot card and all of its columns and the ballot card envelope
shall be of the color prescribed for candidate's ballots at the general
or primary election, whichever is being held. At an election where no
candidates are being nominated or elected, the ballot card, its columns,
and the ballot card envelope shall be of a color designated by the election
official in charge of the election.
The ballot cards, ballot card envelopes and ballot sheets may, at the
discretion of the election authority, be printed on white paper and then
striped with the appropriate colors.
When ballot sheets are used, the various portions thereof shall be arranged
to conform to the foregoing format.
Vote by mail ballots may consist of ballot cards, envelopes, paper ballots,
or ballot sheets. Where a ballot card is used for
voting by mail it must be accompanied by a punching tool or other
appropriate marking device, voter instructions and a specimen ballot
showing the proper positions to vote on the ballot card or ballot sheet for
each party, candidate, proposal, public measure or proposition, and in the
case of a ballot card must be mounted on a suitable material to receive the
punched out chip.
Any voter who spoils his ballot or makes an error may return the
ballot to the judges of election and secure another. However, the
protruding identifying tab for proposals for a constitutional convention
or constitutional amendments shall have printed thereon "Constitutional
Ballot", and the ballot label page or pages for such proposals shall
precede the ballot label pages for candidates in the ballot label
booklet.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/24A-6.1
(10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1)
Sec. 24A-6.1.
In all elections conducted pursuant to this Article, ballot
cards shall have a security punch. In precincts where more than one ballot
configuration may be voted upon, ballot cards shall have a different security
punch for each ballot configuration. If a precinct has only one possible
ballot configuration, the ballot cards must have a security punch to identify
the election. Where ballot cards from more than one precinct are being
tabulated, precinct header cards shall also be used: official results shall
not be generated unless the precinct identification of the header cards
for any precinct correspond. Where the tabulating equipment being used
requires entering the program immediately prior to tabulating the ballot
cards for each precinct, the precinct program may be used in lieu of header cards.
(Source: P.A. 82-1014.)
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10 ILCS 5/24A-6.2 (10 ILCS 5/24A-6.2) Sec. 24A-6.2. Programming of automatic tabulating equipment. Beginning with the 2014 general election and all primary, consolidated, general, and special elections thereafter, automatic tabulating equipment authorized by this Section and programmed for a primary, consolidated, general, or special election conducted pursuant to general election law shall be programmed using the unique race and candidate ID numbers assigned by the State Board of Elections. The unique race and candidate ID numbers will be provided to the county clerk or election authority, as the case may be, with the candidate certification prepared by the State Board of Elections. In addition, any new voting system approved by the state after the 2014 general election shall have the capability to export the election results by ballot style and group them by precinct in an electronic format prescribed by the State Board of Elections.
(Source: P.A. 98-115, eff. 7-29-13.) |
10 ILCS 5/24A-7
(10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
Sec. 24A-7.
A separate write-in ballot, which may be in the form of a paper
ballot, card or envelope in which the elector places his ballot card after
voting, shall be provided if necessary to permit electors to write in the
names of persons whose names are not on the ballot. The ballots, ballot
cards and ballot card envelopes may, at the discretion of the election authority,
be printed on white paper and then striped with the appropriate colors.
When an electronic voting system is used which utilizes a ballot card, each
ballot card envelope shall contain the write-in form and information required
by Section 16-3
of this Act.
(Source: P.A. 83-110.)
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10 ILCS 5/24A-8
(10 ILCS 5/24A-8) (from Ch. 46, par. 24A-8)
Sec. 24A-8.
The county clerk or board of election commissioners, as
the case may be, shall cause the marking devices to be put in order,
set, adjusted and made ready for voting when delivered to the polling
places. Before the opening of the polls the judges of election shall
compare the ballots used in the marking devices with the specimen ballots
furnished and see that the names, numbers and letters thereon agree and
shall certify thereto on forms provided by the county clerk or board of
election commissioners, as the case may be.
In addition, in those polling places where in-precinct counting equipment
is utilized, the judges of election shall make an operational check of the
automatic tabulating equipment before the opening of the polls. A precinct
identification card provided by the election authority shall be entered
into the automatic tabulating equipment to ensure that the totals are all
zeroes in the count column on the printing unit.
Pollwatchers as provided by law shall be permitted to closely observe the
judges in these procedures and to periodically inspect
the equipment when not in use by the voters to see that the
ballot labels are in proper position and have not been marked upon or mutilated.
(Source: P.A. 82-1014.)
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10 ILCS 5/24A-9
(10 ILCS 5/24A-9) (from Ch. 46, par. 24A-9)
Sec. 24A-9. Prior to the public test, the election authority shall
conduct an errorless pre-test of the automatic tabulating equipment and
program to ascertain that they will correctly count the votes cast for all
offices and all measures. On any day not less than 5 days prior to the
election day, the election authority shall publicly test the automatic
tabulating equipment and program to ascertain that they will correctly
count the votes cast for all offices and on all measures. Public notice of
the time and place of the test shall be given at least 48 hours prior
thereto by publication once in one or more newspapers published within the
election jurisdiction of the election authority if a newspaper is published
therein, otherwise in a newspaper of general circulation therein. Timely
written notice stating the date, time and location of the public test shall
also be provided to the State Board of Elections. The test shall be open to
representatives of the political parties, the press, representatives of the
State Board of Elections, and the public. The test shall be conducted by
processing a preaudited group of ballots so punched or marked as to record
a predetermined number of valid votes for each candidate and on each
measure, and shall include for each office one or more ballots which have
votes in excess of the number allowed by law in order to test the
ability of the automatic tabulating equipment to reject such votes.
Such test shall also include the use of precinct header cards and may include
the production of an edit listing. In those election jurisdictions
where in-precinct counting equipment is utilized, a public test of both
such equipment and program shall be conducted as nearly as possible in the
manner prescribed above. The State Board of Elections may select as
many election jurisdictions as the Board deems advisable in the interests of
the election process of this State in which to order a special test of the
automatic tabulating equipment and program prior to any regular election. The
Board may order a special test in any election jurisdiction where, during
the preceding twelve months, computer programming errors or other errors
in the use of electronic voting systems resulted in vote tabulation errors.
Not less than 30 days prior to any election, the State Board of Elections shall
provide written notice to those selected jurisdictions of their intent to
conduct a test. Within 5 days of receipt of the State Board of Elections'
written notice of intent to conduct a test, the selected jurisdictions shall
forward to the principal office of the State Board of Elections a copy of all
specimen ballots. The State Board of Elections' tests shall be conducted and
completed not less than 2 days prior to the public test and under the supervision of the Board. The vendor, person, or other private entity shall be solely responsible for the production and cost of: all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software. After an errorless test,
materials used in the public test, including the program, if appropriate, shall
be sealed and remain so until the test is run again on election day. If any
error is detected, the cause therefor shall be ascertained and corrected and an
errorless public test shall be made before the automatic tabulating equipment
is approved. Each election authority shall file a sealed copy of each tested
program to be used within its jurisdiction at an election with the State
Board of Elections prior to the election. The Board shall secure the program
or programs of each election jurisdiction so filed in its office until the next election of the same type (general primary, general election, consolidated primary, or consolidated election) for which the program or programs were filed. Upon
the expiration of that time, if no election contest or appeal therefrom is
pending in an election jurisdiction, the Board shall destroy the sealed program
or programs. Except where
in-precinct counting equipment is utilized, the test shall be repeated
immediately before the start of the official count of the ballots, in the same
manner as set forth above. After the completion of the count, the test shall be
re-run using the same program. An election jurisdiction that was employing, as
of January 1, 1983, an electronic voting system that, because of its design, is
not technically capable of compliance with such a post-tabulation testing
requirement shall satisfy the post-tabulation testing requirement by conducting
the post-tabulation test on a duplicate program until such electronic voting
system is replaced or until November 1, 1992, whichever is earlier.
Immediately thereafter the ballots, all material employed in testing the
program and the program shall be sealed and retained under the custody of the
election authority for a period of 60 days. At the expiration of that time the
election authority shall destroy the voted ballot cards, together with all
unused ballots returned from the precincts. Provided, if any contest of
election is pending at such time in which such ballots may be required as
evidence and such election authority has notice thereof, the same shall not be
destroyed until after such contest is finally determined. If the use of back-up
equipment becomes necessary, the same testing required for the original
equipment shall be conducted.
(Source: P.A. 94-1000, eff. 7-3-06.)
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10 ILCS 5/24A-9.1
(10 ILCS 5/24A-9.1) (from Ch. 46, par. 24A-9.1)
Sec. 24A-9.1.
Whenever an electronic scanning process is utilized to
automatically examine and count the votes on ballot sheets, the provisions
of this Section shall apply. A voter shall cast a proper vote on a ballot
sheet by making a mark in the designated area for the casting of a vote
for any party or candidate or for or against any proposition. For this
purpose, a mark is an intentional darkening of the designated area on the
ballot sheet, and shall not be an "X", a check mark, or any other recognizable
letter of the alphabet, number, or other symbol which can be recognized
as an identifying mark.
Whenever the ballot sheet includes designated areas on both sides, the
election authority shall provide an envelope, sleeve or other device to
each voter by means of which the voter can deliver the voted ballot sheet
to the ballot box without the votes indicated on the ballot sheet being
visible to other persons in the polling place.
(Source: P.A. 81-1433.)
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10 ILCS 5/24A-10 (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
Sec. 24A-10. (1) In an election jurisdiction which has adopted an
electronic voting system, the election official in charge of the
election shall select one of the 3 following procedures for receiving,
counting, tallying, and return of the ballots:
(a) Two ballot boxes shall be provided for each polling place. The
first ballot box is for the depositing of votes cast on the electronic
voting system; and the second ballot box is for all votes cast on paper
ballots, including any
paper ballots
required to be voted other than on the electronic voting system.
Ballots
deposited in the second
ballot box shall be counted, tallied, and returned as is elsewhere
provided in this Code for the counting and
handling of paper ballots. Immediately after the closing of the polls, the judges of election shall make out a slip indicating the
number of persons who voted in the precinct at the election. Such slip
shall be signed by all the judges of election and shall be inserted by
them in the first ballot box. The judges of election shall thereupon
immediately lock each ballot box; provided, that if
such box is not of a type which may be securely locked, such box shall be
sealed with filament tape provided for such purpose
which shall be wrapped around the box lengthwise and crosswise, at least
twice each way, and in such manner that the seal completely covers the
slot in the ballot box, and each of the judges shall sign such seal. Thereupon
two of the judges of election, of different political parties, shall
forthwith and by the most direct route transport both ballot boxes to
the counting location designated by the county clerk or board of
election commissioners.
Before the ballots of a precinct are fed to the electronic tabulating
equipment, the first ballot box shall be opened at the central counting
station by the two precinct transport judges. Upon opening a ballot box,
such team shall first count the number of ballots in the box. If 2 or
more are folded together so as to appear to have been cast by the same
person, all of the ballots so folded together shall be marked and
returned with the other ballots in the same condition, as near as may
be, in which they were found when first opened, but shall not be
counted. If the remaining ballots are found to exceed the number of
persons voting in the precinct as shown by the slip signed by the judges
of election, the ballots shall be replaced in the box, and the box
closed and well shaken and again opened and one of the precinct
transport judges shall publicly draw out so many ballots unopened as are
equal to such excess.
Such excess ballots shall be marked "Excess-Not Counted" and signed
by the two precinct transport judges and shall be placed in the "After
7:00 p.m. Defective Ballots Envelope". The number of excess ballots
shall be noted in the remarks section of the Certificate of Results.
"Excess" ballots shall not be counted in the total of "defective"
ballots.
The precinct transport judges shall then examine the remaining
ballots for write-in votes and shall count and tabulate the write-in
vote; or
(b) A single ballot box, for the deposit of all votes cast, shall be
used. All ballots which are not to be tabulated on the electronic voting
system shall be counted, tallied, and returned as elsewhere provided in this Code
for the counting and handling of paper
ballots.
All ballots to be processed and tabulated with the electronic voting
system shall be processed as follows:
Immediately after the closing of the polls, the precinct judges of
election then shall open the ballot box and canvass the votes polled to
determine that the number of ballots therein agree with the number of
voters voting as shown by the applications for ballot or if the same do
not agree the judges of election shall make such ballots agree with the
applications for ballot in the manner provided by Section 17-18 of this Code. The judges of election shall then examine all ballot cards and ballot card envelopes which
are in
the ballot box to determine whether the
ballot cards and
ballot card envelopes bear the initials of a precinct judge of election.
If any ballot card or ballot card envelope is not
initialed, it shall be marked on the back "Defective," initialed as to
such label by all judges immediately under such word "Defective," and
not counted, but placed in the envelope provided for that purpose
labeled "Defective Ballots Envelope."
When an electronic voting system is used which utilizes a ballot
card, before separating the ballot cards from their respective
covering envelopes, the judges of election shall examine the ballot card
envelopes for write-in votes. When the voter has voted a write-in vote,
the judges of election shall compare the write-in vote with the votes on
the ballot card to determine whether such write-in results in an
overvote for any office. In case of an overvote for any office, the
judges of election, consisting in each case of at least one judge of
election of each of the two major political parties, shall make a true
duplicate ballot of all votes on such ballot card except for the office
which is overvoted, by using the ballot label booklet of the precinct
and one of the marking devices of the precinct so as to transfer all
votes of the voter except for the office overvoted, to an official
ballot card of that kind used in the precinct at that election. The
original ballot card and envelope upon which there is an overvote shall
be clearly labeled "Overvoted Ballot", and each shall bear the same
serial number which shall be placed thereon by the judges of election,
commencing with number 1 and continuing consecutively for the ballots of
that kind in that precinct. The judges of election shall initial the
"Duplicate Overvoted Ballot" ballot cards and shall place them in the
box for return of the ballots. The "Overvoted Ballot" ballots and their
envelopes shall be placed in the "Duplicate Ballots" envelope. Envelopes
bearing write-in votes marked in the place designated therefor and
bearing the initials of a precinct judge of election and not resulting
in an overvote and otherwise complying with the election laws as to
marking shall be counted, tallied, and their votes recorded on a tally
sheet provided by the election official in charge of the election. The
ballot cards and ballot card envelopes shall be separated and all except
any defective or overvoted shall be placed separately in the box for
return of the ballots. The judges of election shall examine the
ballots and ballot cards to determine if any is damaged, defective, or cannot otherwise be counted by the automatic tabulating equipment. If any
ballot or ballot card is damaged, defective, or cannot otherwise properly
be counted by the automatic tabulating equipment, the judges of
election, consisting in each case of at least one judge of election of
each of the two major political parties, shall make a true duplicate
ballot of all votes on such ballot card by using the ballot label
booklet of the precinct and one of the marking devices of the precinct.
The original ballot or ballot card and envelope shall be clearly labeled
"Damaged Ballot" and the ballot or ballot card so produced "Duplicate
Damaged Ballot," and each shall bear the same number which shall be
placed thereon by the judges of election, commencing with number 1 and
continuing consecutively for the ballots of that kind in the precinct.
The judges of election shall initial the "Duplicate Damaged Ballot"
ballot or ballot cards, and shall place them in the box for return of
the ballots. The "Damaged Ballot" ballots or ballot cards and their
envelopes shall be placed in the "Duplicated Ballots" envelope. A slip
indicating the number of voters voting in person shall be made out, signed by all
judges of election, and inserted in the box for return of the ballots.
The tally sheets recording the write-in votes shall be placed in this
box. The judges of election thereupon immediately shall securely lock the
ballot box or other suitable
box furnished for return of the ballots by the election official in
charge of the election; provided that if such box is not of a type which
may be securely locked, such box shall be sealed with filament tape provided
for such purpose which shall be wrapped around the box lengthwise and crosswise,
at least twice each way. A separate adhesive seal label signed by each of
the judges of election of the precinct shall be affixed to the box so as
to cover any slot therein and to identify the box of the precinct; and
if such box is sealed with filament tape as provided herein rather than
locked, such tape shall be wrapped around the box as provided herein, but
in such manner that the separate adhesive seal label affixed to the box
and signed by the judges may not be removed without breaking the filament
tape and disturbing the signature of the judges. Thereupon, 2 of the
judges of election, of different major political parties, forthwith shall
by the most direct route transport the box for
return of the ballots and enclosed ballots and returns to the central
counting location designated by the election official in charge of the
election. If, however, because of the lack of adequate parking
facilities at the central counting location or for any other reason, it
is impossible or impracticable for the boxes from all the polling places
to be delivered directly to the central counting location, the election
official in charge of the election may designate some other location to
which the boxes shall be delivered by the 2 precinct judges. While at
such other location the boxes shall be in the care and custody of one or
more teams, each consisting of 4 persons, 2 from each of the two major
political parties, designated for such purpose by the election official
in charge of elections from recommendations by the appropriate political
party organizations. As soon as possible, the boxes shall be transported
from such other location to the central counting location by one or more
teams, each consisting of 4 persons, 2 from each of the 2 major
political parties, designated for such purpose by the election official
in charge of elections from recommendations by the appropriate political
party organizations.
The "Defective Ballots" envelope, and "Duplicated Ballots" envelope
each shall be securely sealed and the flap or end thereof of each signed
by the precinct judges of election and returned to the central counting
location with the box for return of the ballots, enclosed ballots and
returns.
At the central counting location, a team of tally judges designated
by the election official in charge of the election shall check the box
returned containing the ballots to determine that all seals are intact,
and thereupon shall open the box, check the voters' slip and compare the
number of ballots so delivered against the total number of voters of the
precinct who voted, remove the ballots or ballot cards and deliver them
to the technicians operating the automatic tabulating equipment. Any
discrepancies between the number of ballots and total number of voters
shall be noted on a sheet furnished for that purpose and signed by the
tally judges; or
(c) A single ballot box, for the deposit of all votes cast, shall be used.
Immediately after the closing of the polls, the precinct judges of election shall
securely
lock the ballot box; provided that if such box is not of a
type which may be securely locked, such box shall be sealed with filament
tape provided for such purpose which shall be wrapped around the box lengthwise
and crosswise, at least twice each way.
A separate adhesive seal label signed by each of the judges of election
of the precinct shall be affixed to the box so as to cover any slot therein
and to identify the box of the precinct; and if such box is sealed with
filament tape as provided herein rather than locked, such tape shall be
wrapped around the box as provided herein, but in such manner that the separate
adhesive seal label affixed to the box and signed by the judges may not
be removed without breaking the filament tape and disturbing the signature
of the judges. Thereupon, 2 of the judges
of election, of different
major political parties, shall forthwith by the most direct route transport
the box for return of the ballots and enclosed vote by mail and early ballots
and returns
to the central counting location designated by the election official
in charge of the election. If however, because of the lack of adequate
parking facilities at the central counting location or for some other reason,
it is impossible or impracticable for the boxes from all the polling places
to be delivered directly to the central counting location, the election
official in charge of the election may designate some other location to
which the boxes shall be delivered by the 2 precinct judges. While at
such other location the boxes shall be in the care and custody of one or
more teams, each consisting of 4 persons, 2 from each of the two major
political
parties, designated for such purpose by the election official in charge
of elections from recommendations by the appropriate political party
organizations.
As soon as possible, the boxes shall be transported from such other location
to the central counting location by one or more teams, each consisting of
4 persons, 2 from each of the 2 major political parties, designated for
such purpose by the election official in charge of the election from
recommendations
by the appropriate political party organizations.
At the central counting location there shall be one or more teams of tally
judges who possess the same qualifications as tally judges in election
jurisdictions
using paper ballots. The number of such teams shall be determined by the
election authority. Each team shall consist of 5 tally judges, 3 selected
and approved by the county board from a certified list furnished by the chair
of the county central committee of the party with the majority
of members on the county board and 2 selected and approved by the county
board from a certified list furnished by the chair of the county central
committee of the party with the second largest number of members
on the county board. At the central counting location a team of tally judges
shall open the ballot box and canvass the votes polled to determine that
the number of ballot sheets
therein agree with the number of voters voting as shown by the applications
for ballot; and, if the same do not agree, the tally judges shall make such
ballots agree with the number of applications for ballot in the manner provided
by Section 17-18 of this Code. The tally judges shall then examine
all ballot sheets which are in the ballot box to determine whether they
bear the initials of the precinct judge of election. If any ballot is not
initialed, it shall be marked on the back "Defective", initialed as to such
label by all tally judges immediately under such word "Defective", and not
counted, but placed in the envelope provided for that purpose labeled
"Defective
Ballots Envelope". An overvote for one office shall invalidate
only the vote or count of that particular office.
At the central counting location, a team of tally judges designated
by the election official in charge of the election shall deliver the ballot
sheets to the technicians operating the automatic tabulating equipment.
Any discrepancies between the number of ballots and total number of voters
shall be noted on a sheet furnished for that purpose and signed by the tally
judges.
(2) Regardless of which procedure described in subsection (1) of this
Section is used,
the judges of election designated to transport the ballots, properly signed
and sealed as provided herein, shall ensure that the ballots are delivered
to the central counting station no later than 12 hours after the polls close.
At the central counting station a team of tally judges designated by the
election official in charge of the election shall examine the ballots so
transported and shall not accept ballots for tabulating which are not signed
and sealed as provided in subsection (1) of this Section until the
judges transporting the
same make and sign the necessary corrections. Upon acceptance of the ballots
by a team of tally judges at the central counting station, the election
judges transporting the same shall take a receipt signed by the election
official in charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport any ballots
shall, in the event
such ballots cannot be found when needed, on proper request, produce the
receipt which they are to take as above provided.
(Source: P.A. 101-81, eff. 7-12-19; 102-819, eff. 5-13-22.)
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10 ILCS 5/24A-10.1
(10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
Sec. 24A-10.1. In an election jurisdiction where in-precinct counting
equipment is utilized, the following procedures for counting and
tallying the ballots shall apply:
Immediately after the closing of the polls, the precinct judges of election shall open the ballot box and count the
number of ballots therein
to determine if such number agrees with the number of voters voting as shown
by the applications for ballot or, if the same do not agree, the judges
of election shall make such ballots agree with the applications for ballot
in the manner provided by Section 17-18 of this Act.
The judges of election shall then examine all ballot cards and ballot card
envelopes which are in the ballot box to determine whether the ballot cards
and ballot card envelopes contain the initials of a precinct judge of
election. If any ballot card or ballot card envelope is not initialed, it
shall be marked on the back "Defective", initialed as to such label by all
judges immediately under the word "Defective" and not counted. The judges of
election shall place an initialed blank official ballot card in the place of
the defective ballot card, so that the count of the ballot cards to be counted
on the automatic tabulating equipment will be the same, and each "Defective
Ballot" card and "Replacement" card shall contain the same serial number
which shall be placed thereon by the judges of election, commencing with
number 1 and continuing consecutively for the ballots of that kind in that
precinct. The original "Defective" card shall be placed in the "Defective
Ballot Envelope" provided for that purpose.
When an electronic voting system is used which utilizes a ballot card,
before separating the remaining ballot cards from their respective covering
envelopes, the judges of election shall examine the ballot card envelopes
for write-in votes. When the voter has cast a write-in vote, the judges
of election shall compare the write-in vote with the votes on the ballot
card to determine whether such write-in results in an overvote for any office.
In case of an overvote for any office, the judges of election, consisting
in each case of at least
one judge of election of each of the 2 major political parties, shall make
a true duplicate ballot of all votes on such ballot card except for the
office which is overvoted, by using the ballot label booklet of the precinct
and one of the marking devices of the precinct so as to transfer all votes
of the voter, except for the office overvoted, to a duplicate card. The
original ballot card and envelope upon which there is an overvote shall
be clearly labeled
"Overvoted Ballot", and each such "Overvoted Ballot" as well as its
"Replacement" shall contain the same serial number which shall be placed thereon by the
judges of election, commencing with number 1 and continuing consecutively
for the ballots of that kind in that precinct.
The "Overvoted Ballot" card and ballot envelope shall be placed in an envelope
provided for that purpose labeled "Duplicate Ballot" envelope, and the judges
of election shall initial the "Replacement" ballot
cards and shall place them with the other ballot cards to be counted on
the automatic tabulating
equipment. Envelopes containing write-in votes marked in the place designated
therefor and containing the initials of a precinct judge of election and
not resulting in an overvote and otherwise complying with the election laws
as to marking shall be counted and tallied and their votes recorded on a
tally sheet provided by the election authority.
The ballot cards and ballot card envelopes shall be separated in preparation
for counting by the automatic tabulating equipment provided for that
purpose by the election authority.
Before the ballots are entered into the automatic tabulating
equipment, a precinct identification card provided by the election authority
shall be entered into the device to ensure that the totals are all zeroes
in the count column on the printing unit. A precinct judge of election
shall then count the ballots
by entering each ballot card into the automatic tabulating
equipment, and if any ballot or ballot card is damaged, defective, or cannot otherwise properly be counted by the automatic tabulating equipment, the
judges of election, consisting in each case of at least one judge of election
of each of the
2 major political parties, shall make a true duplicate ballot of all votes
on such ballot card by using the ballot label booklet of the precinct and
one of the marking devices of the precinct. The original ballot or ballot
card and envelope shall be clearly labeled "Damaged Ballot" and the ballot
or ballot card so produced shall be clearly labeled "Duplicate Damaged Ballot",
and each shall contain the same serial number which shall be placed
thereon by the judges of election, commencing with number 1 and continuing
consecutively for the ballots of
that kind in the precinct. The judges of election shall initial the "Duplicate
Damaged Ballot" ballot or ballot cards and shall enter the
duplicate damaged cards into the automatic tabulating equipment. The "Damaged
Ballot" cards
shall be placed in the "Duplicated Ballots" envelope; after all ballot cards
have been successfully read, the judges of election shall check to make certain that
the last number printed by the printing unit is the same as the number of
voters making application for ballot in that precinct.
The number shall be listed on the "Statement of Ballots" form provided by
the election authority.
The totals for all candidates and propositions shall be tabulated. One copy of an "In-Precinct Totals Report" shall be generated by the automatic tabulating equipment for return to the election authority. One copy of an "In-Precinct Totals Report" shall be generated and posted in a conspicuous place inside the polling place, provided that any authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots is present.
The judges of election shall
provide, if requested, a set for each authorized pollwatcher or other official authorized
to be present in the polling place to observe the counting of ballots. In addition,
sufficient
time shall be provided by the judges of election to the pollwatchers to
allow them to copy information from the copy
which has been posted.
The judges of election shall count all unused ballot cards and enter the
number on the "Statement of Ballots". All "Spoiled", "Defective" and
"Duplicated" ballot cards shall be counted and the number entered on the
"Statement of Ballots".
The precinct judges of election shall select a bi-partisan team of 2 judges,
who shall immediately return the ballots in a sealed container, along with
all other election materials as instructed by the election authority;
provided, however, that such container must first be sealed by the election
judges with filament tape provided for such purpose which shall be wrapped
around the container lengthwise and crosswise, at least twice each way, in
such manner that the ballots cannot be removed from such container without
breaking the seal and filament tape and disturbing any signatures affixed
by the election judges to the container. The election authority shall keep
the office of the election authority, or any receiving stations designated
by such authority, open for at least 12 consecutive hours after the polls
close or until the ballots from all precincts with in-precinct counting
equipment within the jurisdiction of the election authority have been
returned to the election authority. Ballots returned to the office of the
election authority which are not signed and sealed as required by law shall
not be accepted by the election authority until the judges returning the
same make and sign the necessary corrections. Upon acceptance of the ballots
by the election authority, the judges returning the same shall take a
receipt signed by the election authority and stamped with the time and date
of such return. The election judges whose duty it is to return any ballots
as herein provided shall, in the event such ballots cannot be found when
needed, on proper request, produce the receipt which they are to take as above provided.
(Source: P.A. 102-819, eff. 5-13-22.)
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10 ILCS 5/24A-11
(10 ILCS 5/24A-11) (from Ch. 46, par. 24A-11)
Sec. 24A-11.
All proceedings at the location for central counting
shall be under the
direction of the county clerk or board of election commissioners, as the
case may be. Except for any specially trained technicians required for the
operation of the automatic tabulating equipment, the employees at the
counting station shall be equally divided between members of the 2 leading
political parties and all duties performed by such employees shall be by
teams consisting of an equal number of members of each political party.
Thirty days before an election the county clerk or board of election
commissioners shall submit to the chair of each political party, for his
approval or disapproval, a list of persons of his party proposed to be
employed. If a chair fails to notify the election authority of his
disapproval of any proposed employee within a period of 10 days thereafter
the list shall be deemed approved.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/24A-13
(10 ILCS 5/24A-13) (from Ch. 46, par. 24A-13)
Sec. 24A-13.
The procedure for tabulating the votes by the automatic
tabulating equipment shall be under the direction of the election authority
and shall conform to
the requirements of the automatic tabulating equipment. During any election-related
activity utilizing the automatic tabulating equipment, the election authority
shall make a reasonable effort to dedicate the equipment to vote processing
so as to ensure the security and integrity of the system.
A reasonable number of pollwatchers shall be admitted to the counting
location. Persons may observe the tabulating process at the discretion
of the election authority; however, at least one representative of each
established political
party and authorized agents of the State Board of Elections shall
be permitted to observe this process at all times. No
persons except
those employed and authorized for the purpose shall touch any ballot,
ballot box, return, or equipment.
The computer operators shall be designated by the election authority
and shall be sworn as a deputy of the election authority. In conducting
the vote tabulation and canvass, the computer operator must maintain a log
which shall include the following information:
1. Alterations made to programs associated with the vote counting process;
2. if applicable, console messages relating to the program and the respective
responses made by the operator;
3. the starting time for each precinct counted, the number of cards counted
for each precinct, any equipment problems and, insofar as practicable, the
number of invalid security punches encountered
during that count; and
4. changes and
repairs made to the equipment during the vote tabulation and canvass.
The computer operator's log and canvass shall be available for public inspection
in the office of the election authority for a period of 60 days following
the proclamation of election results. A copy of the computer operator's
log and the canvass shall be transmitted to the State Board of Elections
upon its request and at its expense.
(Source: P.A. 82-1014.)
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