(10 ILCS 5/17-26) (from Ch. 46, par. 17-26)
Sec. 17-26.
During the hours of election or a primary in any election
precinct, or during the canvass of votes or of making returns thereof, no
person shall bring, take, order or send into, or shall attempt to bring,
take or send into any place of election or primary any distilled or
spirituous liquors whatever; or shall, at any such time and place drink or
partake of such liquor.
(Source: Laws 1963, p. 2532.)
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(10 ILCS 5/17-27) (from Ch. 46, par. 17-27)
Sec. 17-27.
The sale of liquor on national, State and local election days is
governed by Section 6-14 of "An Act relating
to alcoholic liquors", approved January 31, 1934, as now or hereafter
amended.
(Source: P.A. 82-783.)
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(10 ILCS 5/17-28) (from Ch. 46, par. 17-28)
Sec. 17-28.
No person shall, prior to an election or primary, knowingly
destroy or deface any list of candidates posted in accordance with the
provisions of The Election Code, nor, during any election or primary,
knowingly deface, tear down, remove or destroy any card of instructions or
specimen ballot printed and posted for the instruction of voters, nor
knowingly remove or destroy any of the supplies or conveniences furnished
to enable voters to prepare their ballots.
(Source: Laws 1963, p. 2532.)
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(10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
Sec. 17-29. (a) No judge of election, pollwatcher, or other person shall,
at any primary or election, do any electioneering or soliciting of votes
or engage in any political discussion within any polling place, within
100 feet of any polling place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place; no person shall interrupt, hinder or
oppose any voter while approaching within those areas
for the purpose of voting. Judges of election shall enforce the
provisions of this Section.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building
that is a private business, a public or private school, or a church or other organization founded
for the purpose of religious worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
If an election authority maintains a website, no later than 5 days before election day, each election authority shall post on its website the name and address of every polling place designated as a campaign free zone. This information shall be immediately provided to any person upon request, and a requester shall not be required to submit a request under the Freedom of Information Act.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day. At or near the door of each polling place, the election judges shall place signage indicating the proper entrance to the polling place. In addition, the election judges shall ensure that a sign identifying the location of the polling place is placed on a nearby public roadway. The State Board of Elections shall establish guidelines for the placement of polling place signage.
(c) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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(10 ILCS 5/17-30) (from Ch. 46, par. 17-30)
Sec. 17-30.
Except as provided herein, each county shall provide for
and pay the costs and expenses of all elections within the county other
than within the jurisdiction of a municipal Board of Election
Commissioners, as well as the costs expended within the jurisdiction of
a municipal Board of Election Commissioners for the registration and canvassing
of voters in even-numbered years. Each municipality with the first
Board of Election Commissioners established within a county shall provide
for and pay the costs and expenses of all elections within the jurisdiction
of the Board of Election Commissioners. The State shall reimburse each
county and municipality in the amount of the increase in compensation
provided in Public Acts 81-850 and 81-1149 and by this amendatory Act of
1998.
For each emergency referendum and each special election not conducted at
the time of a regular election, each county
and municipality responsible for paying for the costs and expenses shall
directly pay for or be reimbursed by every other political subdivision
for which officers or public questions are on the ballot within the
jurisdiction of the election authority of such county or municipality except
such costs and expenses as are required to be reimbursed by the State.
For each primary election for the nomination of municipal officers held
in a municipality with a population of 5000 or less in accordance with
Article 7, the county in which such municipality is located shall be
reimbursed by the municipality for all costs and expenses attributable to
such primary election, except for those costs and expenses required to be
reimbursed by the State. Each such political subdivision shall provide for
and shall promptly pay such reimbursement of the total costs and expenses
of that election attributable to its offices or propositions as the case
may be, not including such costs and expenses as are required to be
reimbursed by the State.
(Source: P.A. 90-672, eff. 7-31-98.)
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(10 ILCS 5/17-32) (from Ch. 46, par. 17-32)
Sec. 17-32.
(1) The following shall be added together to determine the
total costs and expenses of an emergency referendum or special election
not conducted at the time of a regular election
reimbursed to the county or municipality under the jurisdiction of a board
of election commissioners by the political subdivisions:
(a) The cost of printing and distributing ballots and other printed
material used in or for the election;
(b) The amounts paid to judges of election for election day duties;
(c) Extra office expenses of the election authority, including (i)
postage and (ii) compensation to temporary employees which are directly
attributable to election day and the canvass of the votes of political
subdivision candidates and propositions, whenever applicable;
(d) The cost of election day supplies used in the election;
(e) The cost of delivery and return of election day materials and
supplies, including voting machines and voting devices used in
connection with an electronic voting system; and
(f) The cost of renting polling places, computers and any other
property, the use of which is directly attributable to election day
activities.
(2) Any county of more than 1,000,000 inhabitants in which there is a
municipal board of election commissioners shall reimburse that
board for, or shall pay directly, the cost items hereinafter specified incurred
by that board in relation to the territory within its jurisdiction
for each general primary and general election and for any other election
where such cost items are incurred or increased as a result of the certification
of candidates or public questions by the county clerk to such board:
(a) The cost of printing and distributing ballots;
(b) The amounts paid to judges of election for election day duties;
(c) Costs attributable to the canvass of votes;
(d) The cost of delivery and return of election day materials and supplies,
including voting devices and equipment used in conjunction with an electronic
voting system; and
(e) The cost of renting polling places, computers, and other property,
the use of which is directly attributable to election day activities.
However, the State shall pay the amount of the increase in
compensation for judges of election, registrars and canvassers provided
in Public Acts 81-850 and 81-1149.
(Source: P.A. 83-999.)
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(10 ILCS 5/17-33) (from Ch. 46, par. 17-33)
Sec. 17-33.
Each election authority shall render a bill to the State
Board of Elections for the increase in compensation provided in Public Acts
81-850 and 81-1149, to the political subdivisions for the total costs
and expenses of said emergency referenda and special elections, and to
each municipality with a population of 5000 or less which has determined
that established political parties, within the meaning of Section 10-2, shall
nominate candidates for municipal office in such municipality by primary in
accordance with Article 7. The election authority shall also transmit a
copy of such bills to the county treasurer or the municipal treasurer as the case may be.
Any dispute regarding the amount of election expenses billed to a
political subdivision under this Section shall be arbitrated by the
State Board of Elections. The decision of the State Board of Elections
in such an arbitration shall be enforceable against both the political
subdivision and the county, and such decision shall be a final
administrative decision for purposes of review under the
Administrative Review Law.
(Source: P.A. 83-1337.)
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(10 ILCS 5/17-43)
Sec. 17-43. Voting.
(a) If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 17, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(b) Notwithstanding subsection (a), when voting equipment governed by any Article of this Code is used, the requirements of Section 7-11 that (i) the voter must be notified of the voting equipment's acceptance or rejection of the ballot or identification of an under-vote for a statewide constitutional office and (ii) the voter shall have the opportunity to correct an under-vote for a statewide constitutional office or surrender the ballot that was not accepted and vote another ballot shall not be modified.
(Source: P.A. 95-699, eff. 11-9-07.)
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(10 ILCS 5/17-100)
Sec. 17-100. Definition of a vote.
(a) Notwithstanding any law to the contrary, for the purpose of this
Article, a person casts a valid vote on a punch card ballot when:
(1) A chad on the card has at least one corner | ||
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(2) The fibers of paper on at least one edge of the | ||
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(3) An indentation on the chad from the stylus or | ||
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(b) Write-in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94-645, eff. 8-22-05.) |
(10 ILCS 5/Art. 18 heading) ARTICLE 18.
CONDUCT OF ELECTIONS AND
MAKING RETURNS (IN MUNICIPALITIES UNDER
JURISDICTION OF BOARDS OF ELECTION COMMISSIONERS)
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(10 ILCS 5/18-1) (from Ch. 46, par. 18-1)
Sec. 18-1.
The provisions of this Article 18 shall be applicable only to
and in municipalities operating under Article 6 of this Act.
At every election in any municipality operating under Article 6 of this
Act, each of the political parties shall have the right to designate a
canvasser for each election precinct, who may make a canvass of the
precinct in which he is appointed to act, not less than 20 nor more than 31
days previous to such election, for the purpose of ascertaining the names
and addresses of the legal voters residing in such precinct. An authority
signed by the executive director of the board of election
commissioners, shall be
sufficient evidence of the right of such canvasser to make a canvass of the
precinct in which he is appointed to act. The executive director of the board of
election commissioners shall issue such certificate of authority to any
person designated in a written request signed by the recognized chair or
presiding officer of the chief managing committee of a political party in
such city, village or incorporated town; and a record shall be kept in the
office of the election commissioners of all appointments of such
canvassers. In making such canvass no person shall refuse to answer
questions and give the information asked for and known to him or her.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/18-2) (from Ch. 46, par. 18-2)
Sec. 18-2.
In any municipality operating under Article 6 of this Act,
the election polls shall be open at 6:00 a.m., and
continued open until 7:00 p.m., of the same day, at
which time the polls shall be closed, and no judge shall be behind time
for more than 15 minutes after the time for opening such polls. Any
judge may absent himself for a reasonable time but only during the
casting of ballots, and upon leaving and returning, the judge shall sign
a time sheet indicating the period of his absence. When absent for any
cause, the judge shall authorize some one of the same political party
with himself to act for him until his return.
(Source: P.A. 81-850; 81-1149.)
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(10 ILCS 5/18-3) (from Ch. 46, par. 18-3)
Sec. 18-3.
(a) Before voting begins in such municipalities the ballot box shall be
empty; and shall be opened and shown to those present to be empty, after
which it shall be locked and the key delivered to one of the judges, and it
shall not be removed from public view from the time when it is shown to be
empty until after the close of the polls. It shall remain locked and shall
not be again opened until after the close of the polls. This paragraph (a)
applies whenever permanent type ballot boxes are used, and does not apply
when non-permanent type ballot boxes are used in accordance with section
15-4, paragraph (b).
(b) When non-permanent type ballot boxes are used in accordance with
section 15-4, paragraph (b), prior to the commencement of voting and before
any ballots are deposited therein, the judges shall examine each sealed
ballot box, show it to those present and insure that it is in fact sealed
and empty; the sealed slot shall be broken open before those present and
the box inspected to insure that it is empty and such ballot box shall not
be removed from public view from the time it is so inspected until after
the close of the polls. This sealed opening on the side of the box shall
not be unsealed or opened until after the close of the polls.
(c) Regardless of whether a permanent type or a non-permanent type
ballot boxes are used, the judges of election shall keep such ballot box
constantly in public view during the progress of the election. If any
barricade or other obstruction of any kind is, prior to or during such
election, interposed, so that all who desire cannot constantly see such
ballot box, the judges shall remove such obstruction on request or on their
own motion, and if such obstruction is not removed on request, any sheriff
or police officer shall remove the same on request. Any court
has jurisdiction, on complaint, to issue a warrant to the sheriff of the
county to remove such obstruction as a nuisance; and in executing such
warrant he may call any person to his assistance, and no other officer of
the law or private individual shall interpose or interfere with such
removal.
(Source: P.A. 79-1364.)
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(10 ILCS 5/18-4) (from Ch. 46, par. 18-4)
Sec. 18-4.
The official poll record provided for by sections 6-66 and 6-67
of Article 6 of this Act shall constitute the poll list, and poll books
shall not be kept by judges of election. Where in respect to any
municipality operating under Article 6 reference is made to poll lists or
poll books, such reference shall hereafter apply to the official poll
record.
(Source: Laws 1957, p. 1450 .)
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(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is found upon
the register of voters by the person having charge thereof, shall then
be questioned by one of the judges as to his nativity, his term of
residence at present address, precinct, State and United States, his
age, whether naturalized and if so the date of naturalization papers and
court from which secured, and he shall be asked to state his residence
when last previously registered and the date of the election for which
he then registered. The judges of elections shall check each application
for ballot against the list of voters registered in that precinct to whom
grace period, vote by mail, and early ballots have been issued for that election, which shall
be provided
by the election authority and which list shall be available for inspection
by pollwatchers. A voter applying to vote in
the precinct on
election day whose name appears on the list as having been issued a grace period, vote by mail,
or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot.
If such person
so registered shall be challenged as disqualified, the party challenging
shall assign his reasons therefor, and thereupon one of the judges shall
administer to him an oath to answer questions, and if he shall take the
oath he shall then be questioned by the judge or judges touching such cause
of challenge, and touching any other cause of disqualification. And he may
also be questioned by the person challenging him in regard to his
qualifications and identity. But if a majority of the judges are of the
opinion that he is the person so registered and a qualified voter, his vote
shall then be received accordingly. But if his vote be rejected by such
judges, such person may afterward produce and deliver an affidavit to such
judges, subscribed and sworn to by him before one of the judges, in which
it shall be stated how long he has resided in such precinct, and state;
that he is a citizen of the United States, and is a duly qualified voter in
such precinct, and that he is the identical person so registered.
In addition to such an affidavit, the person so challenged shall provide
to the judges of election proof of residence by producing 2 forms of
identification showing the person's current residence address, provided
that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the
election, or the person shall procure a witness personally known to the
judges of election, and resident in the precinct (or district), or who
shall be proved by some legal voter of such precinct or district, known to
the judges to be such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of this election
precinct (or district), and entitled to vote at this election, and that I
have been a resident of this State for 30 days last past, and am well
acquainted with the person whose vote is now offered; that he is an actual
and bona fide resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this State, 30 days
next preceding this election.
The oath in each case may be administered by one of the judges of
election, or by any officer, resident in the precinct or district,
authorized by law to administer oaths. Also supported by an affidavit by a
registered voter residing in such precinct, stating his own residence, and
that he knows such person; and that he does reside at the place mentioned
and has resided in such precinct and state for the length of time as stated
by such person, which shall be subscribed and sworn to in the same way.
For purposes of this Section, the submission of a photo identification issued by a college or university, accompanied by either (i) a copy of the applicant's contract or lease for a residence or (ii) one piece of mail addressed to the person at his or her current residence address and postmarked not earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Whereupon the vote of such person shall be received, and entered as other
votes. But such judges, having charge of such registers, shall state in
their respective books the facts in such case, and the affidavits, so
delivered to the judges, shall be preserved and returned to the office of
the commissioners of election. Blank affidavits of the character aforesaid
shall be sent out to the judges of all the precincts, and the judges of
election shall furnish the same on demand and administer the oaths without
criticism. Such oaths, if administered by any other officer than such judge
of election, shall not be received. Whenever a proposal for a
constitutional amendment or for the calling of a constitutional convention
is to be voted upon at the election, the separate blue ballot or ballots
pertaining thereto shall be placed on top of the other ballots to be voted
at the election in such manner that the legend appearing on the back
thereof, as prescribed in Section 16-6 of this Act, shall be plainly
visible to the voter, and in this fashion the ballots shall be handed to
the voter by the judge.
Immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted. A voter whose ballot is identified as under-voted for a statewide constitutional office may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment. The voter shall, upon quitting the voting booth, deliver to one of
the judges of election all of the ballots, properly folded, which he
received. The judge of election to whom the voter delivers his ballots
shall not accept the same unless all of the ballots given to the voter
are returned by him. If a voter delivers less than all of the ballots
given to him, the judge to whom the same are offered shall advise him in
a voice clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the judge to
the voter shall clearly express the fact that the voter is not required
to vote such remaining ballots but that whether or not he votes them he
must fold and deliver them to the judge. In making such statement the
judge of election shall not indicate by word, gesture or intonation of
voice that the unreturned ballots shall be voted in any particular
manner. No new voter shall be permitted to enter the voting booth of a
voter who has failed to deliver the total number of ballots received by
him until such voter has returned to the voting booth pursuant to the
judge's request and again quit the booth with all of the ballots
required to be returned by him. Upon receipt of all such ballots the
judges of election shall enter the name of the voter, and his number, as
above provided in this Section, and the judge to whom the ballots are
delivered shall immediately put the ballots into the ballot box. If any
voter who has failed to deliver all the ballots received by him refuses
to return to the voting booth after being advised by the judge of
election as herein provided, the judge shall inform the other judges of
such refusal, and thereupon the ballot or ballots returned to the judge
shall be deposited in the ballot box, the voter shall be permitted to
depart from the polling place, and a new voter shall be permitted to
enter the voting booth.
The judge of election who receives the ballot or ballots from the
voter shall announce the residence and name of such voter in a loud
voice. The judge shall put the ballot or ballots received from the voter
into the ballot box in the presence of the voter and the judges of
election, and in plain view of the public. The judges having charge of
such registers shall then, in a column prepared thereon, in the same
line of, the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than the full
number of ballots received by such voter without first advising the
voter in the manner above provided of the necessity of returning all of
the ballots, nor shall any such judge advise such voter in a manner
contrary to that which is herein permitted, or in any other manner
violate the provisions of this Section; provided, that the acceptance by
a judge of election of less than the full number of ballots delivered to
a voter who refuses to return to the voting booth after being properly
advised by such judge shall not be a violation of this Section.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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(10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)
Sec. 18-5.1.
The provisions of Section 17-13, insofar as they may be
made applicable to voters with disabilities in elections under the jurisdiction of
boards of election commissioners, shall be applicable herein.
(Source: P.A. 99-143, eff. 7-27-15.)
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(10 ILCS 5/18-6) (from Ch. 46, par. 18-6)
Sec. 18-6.
The provisions of Section 17-23 of this Code, insofar as applicable
to pollwatchers in elections under the jurisdiction of boards of
election commissioners, shall be applicable herein.
(Source: P.A. 80-1090.)
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(10 ILCS 5/18-7) (from Ch. 46, par. 18-7)
Sec. 18-7.
Said judges of election shall have authority and it shall be
their duty to keep the peace, and to cause any person to be arrested for
any breach of the peace or for any breach of election laws, or any
interference with the progress of registration, revision, election or of
the canvass of the ballots; and it shall be the duty of all officers of the
law present to obey the order of such judges of election, or either of
them, and an officer making an arrest, by direction of any judge, shall be
protected in making such arrest the same as if a warrant had been issued to
him to make such arrest.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/18-8) (from Ch. 46, par. 18-8)
Sec. 18-8.
As soon as the poll of an election shall have been finally
closed, the judges of election, in their several precincts, shall
immediately, and at the place of the poll, proceed to canvass the vote
so cast. Such canvass shall not be adjourned or postponed until it shall
have been fully completed, nor until the several statements herein
required to be made by the judges shall have been made out and signed by
them. The judges of election shall have the right to station one or more
police officers or officers of the peace, at such entrance to the room
where such canvass is begun, or about to take place, to exclude
disorderly persons, and to keep the peace.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 83-333.)
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