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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.
() 10 ILCS 5/23-22
(10 ILCS 5/23-22) (from Ch. 46, par. 23-22)
Sec. 23-22.
Evidence may be taken in the same manner and upon like notice
as in other civil cases.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/23-23
(10 ILCS 5/23-23) (from Ch. 46, par. 23-23)
Sec. 23-23. The case shall be tried in like manner as other civil cases,
and may be heard and determined by the court at any time not less than 10
days after service of process, or at any time after the defendant is
required by notification to appear, and shall have preference in the order
of hearing to all other cases. The court may make and enforce all necessary
orders for the preservation and production of the ballots, poll books,
tally papers, returns, registers and other papers or evidence that may bear
upon the contest.
Whenever a petition for a recount has been filed as provided in this
Article, any opposing candidate or any elector, under like provisions and
in like manner may file a petition within 10 days after the completion of
the canvass of the precincts specified in the petition for a further
recount of the votes cast in any or all of the balance of the precincts in
the county, municipality or other political subdivision, as the case may be.
In event the court, in any such case, is of the opinion that such action will
expedite hearing and determination of the contest, the court may
refer the case to the election authority to recount the ballots, to take testimony and other
evidence, to examine the election returns, to make a record of all objections
to be heard by the court that may be made to the election returns or to any of
them or to any ballots cast or counted, and to take all necessary steps and do
all necessary things to determine the true and correct result of the election
and to make report thereof to the court. The election authority shall have authority to count the
ballots or cause the same to be counted under its supervision and direction, to
conduct such hearing or hearings as may be necessary and proper, to apply to
the court in the manner provided by law for the issuance of subpoenas or for
any other appropriate order or orders to compel the attendance of witnesses,
and to take such steps and perform such duties and acts in connection with the
conduct of any such hearing or hearings as may be necessary. The election authority may, with the
approval of the court, employ such assistants as may be necessary and proper to
provide for counting the ballots, examining the election returns and for taking
all necessary steps and doing all necessary things to determine the true and
correct result of the election under the direction and supervision of the election authority. Upon the motion or application of the election authority or of any party to the case, the court shall require the party contesting the election to deposit moneys with the court as security for costs as reasonably needed to compensate the election authority for the costs incurred in relation to the election contest. The money deposited for security shall be taxed and allowed as costs to compensate the election authority for the services of its assistants and for reimbursement of expenses incurred by the election authority in relation to the election contest. The election authority shall not be required to undertake any work in furtherance of the election contest until the necessary funds are deposited with the court. Any money deposited as security for costs by a petitioner contesting an election must be returned to the petitioner if the judgment of the court is to annul the election or to declare as elected someone other than the person whose election is contested.
Any money deposited as security for costs by a petitioner contesting an
election must be returned to such petitioner if the judgment of the court
is to annul the election or to declare as elected someone other than the
person whose election is contested.
Any money deposited as security for costs by a petitioner in opposition
to a petition contesting an election must be returned to such petitioner if
the judgment of the court is to confirm the election or to declare as
elected the person whose election is contested.
(Source: P.A. 103-467, eff. 8-4-23.)
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10 ILCS 5/23-23.1
(10 ILCS 5/23-23.1) (from Ch. 46, par. 23-23.1)
Sec. 23-23.1.
No election contest shall abate on account of the death of
any contestee in such contest.
Upon the suggestion of the death of any contestee by the contestant at
any time before final judgment, within five days thereafter any elector of
the State or political subdivision thereof for which the contestee was
declared to be nominated or elected, may appear and intervene in such
proceeding, or in case no elector appears within such five days, the court
shall appoint such an elector to appear and intervene in such proceeding,
and defend the same and thereupon the court shall proceed to final judgment.
(Source: P.A. 79-540.)
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10 ILCS 5/23-23.2
(10 ILCS 5/23-23.2) (from Ch. 46, par. 23-23.2)
Sec. 23-23.2.
A court hearing an election contest pursuant to this
Article or any other provision of the law shall grant a petition for a
recount properly filed where, based on the facts alleged in such petition,
there appears a reasonable likelihood the recount will change the results
of the election.
(Source: P.A. 84-586.)
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10 ILCS 5/23-24
(10 ILCS 5/23-24) (from Ch. 46, par. 23-24)
Sec. 23-24.
In the case of all constitutional amendments or other
questions of public policy submitted to the voters of this State, and
of all questions of public policy submitted to the voters of any political
subdivision or district, any 5 electors of the State, or of the political
subdivision or district, respectively, may contest the results of any such
election by filing a written statement in the circuit court within 30 days
after the result of the election shall have been determined, in like form
as in other cases of contested elections in the circuit court. Such
political subdivision shall be made defendant and process shall be served
as in suits against such political subdivision; and like proceedings shall
be had as in other cases of contested elections before such court. Where
the contest relates to a constitutional amendment or other question of
public policy submitted to the voters of the State, the statement
of contest shall not specify any defendant, but notice of the contest be
filed with the Attorney General who may appear and take such steps as he
shall deem proper with respect to such contest; the contest may be heard
and determined at any time not less than 10 days after notice to the
Attorney General as herein provided, and like proceedings as nearly as
may be shall be had as in other cases of contested elections before such
court.
(Source: P.A. 80-1469.)
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10 ILCS 5/23-25
(10 ILCS 5/23-25) (from Ch. 46, par. 23-25)
Sec. 23-25.
In case of any contest under section 23-24 of this Act,
the court shall allow any one or more electors of the State or political
subdivision to appear and intervene in such proceedings for the purpose of
participating in the prosecution or defense of the same. In case the
judgment of the court shall be contrary to the contentions advanced by such
interveners, the court may in its discretion tax against such interveners
the cost of such proceedings or such portion thereof as to the court shall
seem proper.
(Source: P.A. 80-1469.)
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10 ILCS 5/23-26
(10 ILCS 5/23-26) (from Ch. 46, par. 23-26)
Sec. 23-26.
The judgment of the court in cases of contested election,
shall confirm or annul the election according to the right of the matter;
or, in case the contest is in relation to the election of some person to an
office, shall declare as elected the person who shall appear to be duly
elected.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/23-27
(10 ILCS 5/23-27) (from Ch. 46, par. 23-27)
Sec. 23-27.
If it appears that two or more persons have, or would have had
if the legal ballots cast or intended to be cast for them had been counted,
the highest and an equal number of votes for the same office, the persons
receiving such votes shall decide by lot, in such manner as the court shall
direct, which of them shall be declared duly elected; and the judgment
shall be entered accordingly.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/23-28
(10 ILCS 5/23-28) (from Ch. 46, par. 23-28)
Sec. 23-28.
A certified copy of the judgment of the court shall have the
same effect as to the result of the election as if it had been so declared
by the canvassers.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/23-29
(10 ILCS 5/23-29) (from Ch. 46, par. 23-29)
Sec. 23-29.
When the person whose election is contested is found to have
received the highest number of legal votes, but the election is declared
null by reason of legal disqualification on his part, or for other causes,
the person receiving the next highest number of votes shall not be declared
elected, but the election shall be declared void.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/23-30
(10 ILCS 5/23-30) (from Ch. 46, par. 23-30)
Sec. 23-30.
In all cases of contested elections in the circuit courts,
appeals may be taken in the same manner, and upon like conditions as is
provided by law for taking appeals in other civil cases.
(Source: Laws 1965, p. 3493.)
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10 ILCS 5/23-50 (10 ILCS 5/23-50)
Sec. 23-50. Definition of a vote. For the purpose of any recount of votes under this Code, a vote is defined as provided in Sections 7-100, 17-100, 18-100, 24A-22, 24B-9.1, or 24C-10, depending upon the type of voting equipment or system used to cast the vote.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/Art. 24
(10 ILCS 5/Art. 24 heading)
ARTICLE 24.
VOTING MACHINES
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10 ILCS 5/24-1
(10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
Sec. 24-1. The election authority in all jurisdictions when voting machines
are used shall, except as otherwise provided in this Code,
provide a voting machine or voting
machines for any or all of the election precincts or election districts,
as the case may be, for which the election authority is by law charged with the
duty of conducting an election or
elections.
A voting machine or machines sufficient in number to provide a machine for each
400 voters or fraction thereof shall be supplied for use at all
elections. However, no such voting machine shall be used,
purchased, or adopted, and no person or entity may have a written contract, including a contract contingent upon certification of the voting machines, to sell, lease, or loan voting machines to an election authority, until the board of voting machine commissioners
hereinafter provided for, or a majority thereof, shall have made and
filed a report certifying that they have examined such machine; that it
affords each elector an opportunity to vote in absolute secrecy; that it
enables
each elector to vote a ticket selected in part from the nominees of one
party, and in part from the nominees of any or all other parties, and in
part from independent nominees printed in the columns of candidates for
public office, and in part of persons not in nomination by any party or
upon any independent ticket; that it enables each elector to vote a
written or printed ballot of his own selection, for any person for any
office for whom he may desire to vote; that it enables each elector to
vote for all candidates for whom he is entitled to vote, and prevents
him from voting for any candidate for any office more than once, unless
he is lawfully entitled to cast more than one vote for one candidate,
and in that event permits him to cast only as many votes for that
candidate as he is by law entitled, and no more; that it prevents the
elector from voting for more than one person for the same office, unless
he is lawfully entitled to vote for more than one person therefor, and
in that event permits him to vote for as many persons for that office as
he is by law entitled, and no more; that it identifies when an elector has not voted for all statewide constitutional offices; and that such machine will register
correctly by means of exact counters every vote cast for the regular
tickets thereon; and has the capacity to contain the tickets of at least
5 political parties with the names of all the candidates thereon,
together with all propositions in the form provided by law, where such
form is prescribed, and where no such provision is made for the form
thereof, then in brief form, not to exceed 75 words; that all votes cast
on the machine on a regular ballot or ballots shall be registered; that
voters may, by means of irregular ballots or otherwise vote for any
person for any office, although such person may not have been nominated
by any party and his name may not appear on such machine; that when a
vote is cast for any person for any such office, when his name does not
appear on the machine, the elector cannot vote for any other name on the
machine for the same office; that each elector can, understandingly and
within the period of 4 minutes cast his vote for all candidates of his
choice; that the machine is so constructed that the candidates for
presidential electors of any party can be voted for only by voting for
the ballot label containing a bracket within which are the names of the
candidates for President and Vice-President of the party or group; that
the machine is provided with a lock or locks by the use of which any
movement of the voting or registering mechanism is absolutely prevented
so that it cannot be tampered with or manipulated for any purpose; that
the machine is susceptible of being closed during the progress of the
voting so that no person can see or know the number of votes registered
for any candidate; that each elector is permitted to vote for or against
any question, proposition or amendment upon which he is entitled to
vote, and is prevented from voting for or against any question,
proposition or amendment upon which he is not entitled to vote; that the
machine is capable of adjustment by the election authority,
so as to permit
the elector, at a party primary election, to vote only for the
candidates seeking nomination by the political party in which primary he
is entitled to vote: Provided, also that no such machine or machines
shall be purchased, unless the party or parties making the sale shall
guarantee in writing to keep the machine or machines in good working
order for 5 years without additional cost and shall give a sufficient
bond conditioned to that effect.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
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10 ILCS 5/24-1.1
(10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
Sec. 24-1.1.
The county board of each county having a population of
35,000 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 35,000 or more with respect to elections under
its jurisdiction, must provide either voting machines in accordance with
this Article or electronic voting systems in accordance with Article 24A
for each precinct for all such elections except as provided in Section
24-1.2 except in elections held pursuant to the provisions of Section 12
of Article VI of the Constitution relating to retention of judges in
office, in which event, the special ballot containing the propositions
on the retention of judges may be placed on the voting machines or
devices. For purposes of this Section 24-1.1, the term "population" does
not include persons prohibited from voting by Section 3-5 of this Act.
Before voting machines or electronic voting systems are 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
machines are to be used. The election authority shall publish the notice
at least once in one or more newspapers published within its
jurisdiction 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 political
subdivision of this State. 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 office to be filled) at which voting
machines 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 electronic voting systems are used.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/24-1.2
(10 ILCS 5/24-1.2) (from Ch. 46, par. 24-1.2)
Sec. 24-1.2.
Paper ballots may be used for the conduct of the consolidated election in odd-numbered
years, the special
municipal primary in even-numbered years, and emergency referenda held at
any time, except in regular elections in which the only offices or propositions
on the ballot are for political subdivisions for which offices have heretofore
been voted on using voting machines or electronic voting systems and except
as otherwise provided by regulation of the State Board of Elections adopted
pursuant to this Section.
The State Board of Elections may adopt regulations requiring the use of
voting machines or electronic voting devices, as are available in the
jurisdiction
of the election authority, in such elections. Such regulations shall be
applicable uniformly statewide, and shall require the use of such voting
equipment only in those elections and only in those precincts where (1)
the ballots to be voted are complex, due to large numbers of offices,
candidates,
or public questions required to be on the ballot, (2) the number of political
subdivisions whose officers or public questions are to be included on the
ballot is substantial, and (3) the use of such voting equipment is efficient,
cost effective, and does not result in unjustified election expenses to
be reimbursed by the political subdivisions that will share such expenses
pursuant to Sections 17-30 through 17-33. Such regulations may provide
reasonable classifications based on the above factors.
(Source: P.A. 90-358, eff. 1-1-98.)
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10 ILCS 5/24-2
(10 ILCS 5/24-2) (from Ch. 46, par. 24-2)
Sec. 24-2.
The voting machine or machines to be used, adopted, purchased as
herein provided must be so constructed as to meet all requirements
specified in this Article.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/24-3
(10 ILCS 5/24-3) (from Ch. 46, par. 24-3)
Sec. 24-3.
The State Board of Elections shall appoint 2 mechanical experts to
examine voting machines. No member of the board nor their appointees shall
have any interest in any voting machine. Any person or corporation owning
or being interested in any voting machine may apply to said board to
examine such machine and report on its accuracy, efficiency, capacity and
safety. The experts shall examine the machine and make full report thereon
in the office of the State Board of Elections. They shall state in the
report whether or not the kind of machine so examined complies with the
requirements of this Article and can be safely used by voters at elections
under the conditions prescribed in this Article. If the report be in the
affirmative upon said questions, the machine shall be deemed approved by
the board and the machines of its kind may be adopted for use at elections
as herein provided. When the machine has been so approved any improvement
or change that does not impair its accuracy, efficiency, capacity or safety
shall not render necessary a re-examination or re-approval thereof. Any
form of voting machine not so approved cannot be used at any election. Each
of the 2 mechanical experts shall be entitled to $100 for his compensation
and expenses in making such examination and report, to be paid by the
person or corporation applying for such examination, which sum may be
demanded in advance of making the examination, and which shall be the sole
compensation to be received by any such expert. The board may, if it
consents to do so, go to any point in the state for the purpose of
examining a machine, but it shall not be compelled to make such examination
at any place other than the capital of the state; Provided, that each of
the 2 mechanical experts shall not receive and retain to exceed $1500 and
reasonable expenses in any one year, and all sums collected for such
examinations over and above said maximum salaries and reasonable expenses
shall be turned into the State Treasury.
(Source: P.A. 78-918.)
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10 ILCS 5/24-4
(10 ILCS 5/24-4) (from Ch. 46, par. 24-4)
Sec. 24-4.
The election authorities may
provide for the experimental use, at any election or elections, in one
or more election precincts, of a machine or machines which it might
lawfully adopt, without a formal adoption thereof, and their use at such
elections shall be as valid for all purposes as if they had been
lawfully adopted.
(Source: P.A. 80-1469.)
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10 ILCS 5/24-5
(10 ILCS 5/24-5) (from Ch. 46, par. 24-5)
Sec. 24-5.
The local authorities may for the purpose of paying for such
voting machines issue bonds, certificates of indebtedness, or other
obligations, which shall be a charge on the city, village, incorporated
town, county or other governmental taxing division. Such bonds,
certificates or other obligations may be issued with or without interest,
payable at such time or times as the authorities may determine, but shall
not be issued or sold at less than par.
(Source: Laws 1967, p. 2702.)
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10 ILCS 5/24-6
(10 ILCS 5/24-6) (from Ch. 46, par. 24-6)
Sec. 24-6.
For any election in which voting machines are to be used, the
election precincts in which such
voting machines are to be used may be created or consolidated into one
area by the election authority so as to contain as near as may be five hundred
voters for
each voting machine to be used therein. The said consolidated precincts
to consist of no more than four and to be contiguous and to be known as
Consolidated Areas. When voting machines are used in contiguous
precincts as now or hereafter established, they shall be consolidated in
such manner as to provide for the efficient and economical use thereof.
Such consolidation shall be made under
such regulations as
to time and manner as are now provided by law, shall be for the purpose
of more efficient conduct of an election and shall not constitute a change
in precinct boundaries.
(Source: P.A. 80-1469.)
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10 ILCS 5/24-7
(10 ILCS 5/24-7) (from Ch. 46, par. 24-7)
Sec. 24-7.
The election authority
shall preserve and keep the
voting machine or voting machines in repair, and shall have the custody
thereof, and of the furniture and equipment of the polling place when
not in use at an election. No person shall be employed or allowed to
perform any mechanical services in connection with any voting machine
which is used or to be used at any election or primary in which such
person is a candidate.
(Source: P.A. 80-1469.)
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10 ILCS 5/24-8
(10 ILCS 5/24-8) (from Ch. 46, par. 24-8)
Sec. 24-8.
Location of voting machines; time allowed for voting;
pollwatchers. The exterior of the voting machines, and every part of
the polling place shall be in plain view of the election officials. The
voting machine or voting machines shall be placed at least one foot from
every wall and partition of the polling place and at least three (3)
feet from any election officials or table used by them, and it shall be
so placed that no person can see or determine how the voter casts his
vote. After the opening of the polls, the election judges shall permit within
the
proximity of the voting machine or machines at any one
time, not more than twice as many voters
waiting to vote, as there are voting machines in use in that election
precinct or district. They shall not themselves remain or permit any
other person to remain in any position or near any position that would
permit one to see or ascertain how a voter votes, or how he has voted.
No voter shall remain within the voting booth or compartment longer than
four (4) minutes, and if any voter shall refuse to leave after the
expiration of four (4) minutes, he shall at once be removed by the
election officials, or upon their order; provided, however, that one
election judge may station himself at the side of the machine or
machines for the express purpose of actuating the entrance knob, or
other device so the voter can operate the voting machine and also in a
primary, to set the primary lever or device, so as to enable the voter
to vote in the party of which he is a member and to prevent the voter
from voting for the candidate or candidates in any other party. The voting
machine or machines shall be so placed in the polling place that
the ballot labels on the face of the machine can be seen plainly by the
precinct election officials and
pollwatchers when not in use by the
voters. The election precinct officials having charge of each machine
shall inspect the face of the voting machine after each voter has
completed the casting of his vote to see that the ballot labels are in
proper position and that the machine has not been injured or tampered
with, and after any voter has voted, the precinct election officials
having charge of the machine shall, upon request, permit any
pollwatcher to inspect the face
of the voting machine to see that the ballot labels are in proper
position and have not been injured or marked upon and that the machine
has not been tampered with. If it shall be found that such mutilation or
marking shall have occurred, the election board shall immediately notify
the custodian of the voting machines, or the officer or board having
charge of the preparation of the machines, and such custodian or officer
or board shall forthwith replace such ballot labels with new ones.
Pollwatchers as provided by law shall be permitted to carefully check
the voting machine
and its protective devices, and ballot labels and registering counters,
before the polls may be declared open on election morning, and they
shall be permitted to remain in the polling place at all times
throughout the conduct of the election if desired, and after the close
of the polls, to be present and check the protective devices and
registering counters of each voting machine, and the official return
sheets thereof.
(Source: P.A. 89-653, eff. 8-14-96.)
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10 ILCS 5/24-8.1
(10 ILCS 5/24-8.1) (from Ch. 46, par. 24-8.1)
Sec. 24-8.1.
Whenever on the same day as a primary election 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, either
a separate voting machine or a voting booth and paper ballots 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.
(Source: P.A. 79-200.)
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10 ILCS 5/24-9
(10 ILCS 5/24-9) (from Ch. 46, par. 24-9)
Sec. 24-9.
Assistance to illiterate voters and voters with disabilities shall be given in
accordance with the provisions in Section 17-14 of this Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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10 ILCS 5/24-10
(10 ILCS 5/24-10) (from Ch. 46, par. 24-10)
Sec. 24-10.
For the instruction of the voters on election day, there shall
be provided for each polling place, one mechanically operated instruction
model for each machine, showing a portion of the face of the voting
machine. Each such instruction model shall show the arrangement of party
rows, office columns and questions, but only fictitious candidates' names
shall be used. Such model shall be located on the election officials'
table, or in some other place which the voters must pass to reach the
machine, and each voter, upon request, before entering the machine, shall
be offered instruction in its operation by use of the instruction model,
and the voter shall be given ample opportunity to operate the model
himself. Each voter shall also have called to his attention the facsimile
diagrams at least two of which shall be posted on the walls of the polling
place, which facsimile diagrams shall be exact facsimiles, including the
color of the ballot labels, as near as may be, of the face of the voting
machine, so that the voter can become familiar with the location of the
questions, parties, officers and candidates. In case any voter after
entering the voting machine booth shall ask for further instructions
concerning the manner of voting, two judges of opposite political parties
shall give such instructions to him; but no precinct election official, or
person assisting a voter shall in any manner request, suggest or seek to
persuade, or induce any voter to vote any particular ticket, or for any
particular candidate, or for or against any particular amendment, question
or proposition. During such instruction, the curtains shall be thrown aside
so that the instruction may be observed by persons in the polling place.
After giving such instructions such precinct election officials shall
retire from the machine booth, and the voter shall thereafter, with the
curtains closed around him, proceed to vote as in the case of an unassisted
voter.
(Source: Laws 1949, p. 817.)
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10 ILCS 5/24-11
(10 ILCS 5/24-11) (from Ch. 46, par. 24-11)
Sec. 24-11.
That portion of cardboard, paper or other material,
placed on the front of the machine and containing the names of the
candidates shall be known in this Article as a ballot label. The ballot
labels shall be supplied by the election authority, and shall be printed
in black ink on clear white
material of such size as will fit the machine and in plain, clear type,
and shall provide space, not less than one-half inch in height and one
and one-half inches in width for the printing of each candidate's name
with such other wording as is required by law. However, ballot labels
for use at the nonpartisan and consolidated elections may be printed on
different color material, except blue material, whenever necessary or desirable
to facilitate distinguishing between different political subdivisions on
the machine. The names of all
candidates shall be printed in uniform size in boldface type. The party
name or other designation shall be prefixed to the list of the
candidates of such party. The order of the lists of candidates of the
several parties shall be arranged as is in this Act provided, except
that the lists may be placed in horizontal rows or vertical columns,
which parties may, if desired be divided into parallel and contiguous
rows or columns. Where presidential electors are to be voted for at any
election, then there may be placed on the ballot labels a bracket in
which are the names of the candidates for President and Vice President
of the party or group. Each question or other proposition, to be
submitted to a vote of the electors shall appear on the ballot labels,
in the form prescribed therefor, but if no such form is prescribed then
they shall be in brief form, not to exceed 75 words. The ballot label
for each candidate or group of candidates nominated or seeking
nomination by a political party shall contain the name of the political
party.
In any election in which there is submitted a proposal or proposals
for a constitutional amendment or amendments or for calling of a
constitutional convention the ballot label for the separate ballot for
such proposals shall be printed on blue, rather than white, material.
In elections held pursuant to the provisions of Section 12 of Article
VI of the Constitution relating to retention of judges in office, the
ballot label for the judicial retention propositions shall be printed on
green, rather than white, material.
If any voting machine being used in an election or primary shall
become out of order during such election or primary, it shall, if
possible, be repaired or another machine substituted by the custodian or
election authority, for which purpose the proper authorities
may purchase as
many extra voting machines as they may deem necessary, but in case such
necessary repairs or substitution cannot be made immediately, paper
ballots, printed or written and of suitable form, shall be used for the
taking of votes. The paper ballots to be used in such event shall be
prepared and distributed to the various precincts in the manner provided
for in Sections 16-3 and 16-4 of this Election Code; except that the
election authority shall
supply a number of ballots to each precinct equal to at least 20% of the
number of voters registered to vote in that precinct. If a method of
election for any candidates is prescribed by law, in which the use of
voting machines is not possible or practicable, or in case, at any
election the number of candidates nominated or seeking nomination for
any office renders the use of the voting machine for such office at such
election impracticable, or if for any reason, at any election the use of
voting machines is not practicable or possible, the proper officer or
officers having charge of the preparation of the ballot labels for the
machines may arrange to have the voting for such or all candidates for offices
conducted by paper ballots. In such cases ballots shall be
printed for such or all candidates, and the election conducted by the
election officers herein provided for, and the ballots counted and
return thereof made in the manner required by law for such candidate or
candidates or offices, insofar as paper ballots are used.
(Source: P.A. 97-813, eff. 7-13-12.)
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10 ILCS 5/24-12
(10 ILCS 5/24-12) (from Ch. 46, par. 24-12)
Sec. 24-12.
The election authority shall provide at least 4 facsimile
diagrams which shall be arranged in the form of a diagram showing the
entire front of the voting machine as it will appear after the official
ballot labels are arranged for voting purposes on election day. Where
colored ballot labels are required to be used, the facsimile diagrams
shall be appropriately colored to indicate such ballot labels. Such
diagrams shall be displayed for public inspection, 2 on the outside of
the polling place, and 2 on the inside thereof, at such polling place
during the day preceding election or primary day and throughout election
day. At each election where voting machines are to be used, the election
authority shall, not less than 10 days before the election, provide for
each election precinct in which a voting machine is to be used,
facsimile diagrams, printed on tinted paper, in an amount equal to at
least 1/5 of the number of votes cast in such precinct at the last
preceding general election. Such facsimile diagrams shall be made
available for public distribution except that
ten per cent (10%) of the number of the ballots printed shall be
supplied to the judges of election on election day for use in instructing
the voters and for distribution to the voters by them in their
discretion. Such facsimile diagrams may be of reduced size and shall
provide complete instructions for operating the voting machine in that
election.
(Source: P.A. 81-1433.)
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10 ILCS 5/24-13
(10 ILCS 5/24-13) (from Ch. 46, par. 24-13)
Sec. 24-13.
Four sets of ballot labels for use in each voting
machine shall be provided for each polling place for each election by
the election authority.
There shall also be furnished all other necessary materials or supplies
for the proper use of the voting machines, including durable transparent
noninflammable covering at least 1/16 inch thick with which all the
ballot labels shall be securely covered to prevent shifting, tampering
with or mutilations of the ballot labels, facsimile diagrams, return
sheets, certificates, forms and materials of all kinds provided for in
this Article. The election authority shall before the
day of election, cause the proper ballot labels, together with the
transparent protective covering for same, to be put upon each machine,
corresponding with the sample ballot labels herein provided for, and the
machine in every way to be put in order, set and adjusted, ready for use
in voting when delivered at the precinct polling places and for the
purpose of so labeling the machine, putting in order, setting and
adjusting the same, they may employ one competent person to be known as
the voting machine custodian and additional deputy custodians as
required. The election authority
shall, preceding each
election day, holding a meeting or meetings for the purpose of
instructing all election precinct officials who are to serve in an
election precinct where voting machines are to be used. Before preparing
any voting machines for any election, the election authority shall cause written
notices to be sent to the chair of the county central committee of
each political party having a candidate or candidates on the ballot, or
the chair of each municipal or township
committee of each political
party having candidates on the ballot, in the case of a municipal or township
election, stating the times when, and the place
or places where,
the voting machines will be prepared for the election; they shall also
cause written notices to be sent to the chair or presiding officer of
any organization of citizens within the county, or other political subdivision,
having as its purpose, or among its purposes or interests, the
prevention, investigation or prosecution of election frauds, which has
registered its name and address and the names of its principal officers
with the officer, officers or board having charge of the preparation of
the machines for the election, at least 40 days before such
election, stating the times when, and the place or places where, the
voting machines will be prepared for the election, at which times and
place or places, one representative of each such political party,
certified by the respective chair of the county managing committee of
each such political party, or the chair of the municipal or township
committee in the case of a municipal or township
election, and one
representative of each such candidate, certified by such candidate, and
one representative of each organization of citizens, certified by the
respective chair or presiding officers of such organizations shall be
entitled to be present and see that the machines are properly prepared
and tested and placed in proper condition and order for use at the
election. The custodian or custodians of voting machines and the party
representatives shall take the constitutional oath of office. It shall
be the privilege of such party and organization representatives to be
present at the preparation of the voting machines for the election and
to see that each machine is tested for accuracy and is properly prepared
and that all registering counters are set at zero. The custodian shall,
in the presence of the party and candidate and organization
representatives, prepare the voting machine for the election and set all
registering counters at zero, and he shall then, assisted by the
watchers, test each such registering counter for accuracy by casting
votes upon it, and such testing shall be done in the presence of the
watchers, until each such registering counter is correctly registering
each vote cast upon it, and each certificate for each machine shall
state that this has been done, and the custodians shall then, in the
presence of the party and candidate and organization representatives,
reset each registering counter to zero, and shall then immediately seal
the voting machine with a numbered metal seal, and a record of the
number on the seal shall then and there be made by the custodian on the
certificate for that machine and the seal shall be so placed as to
prevent operation of the machine or its registering counters without
breaking the seal, and the custodian shall then immediately make a
record on the certificate for that machine of the reading shown on the
protective counter. Immediately after each machine has been so tested
and prepared for the election, it shall be the duty of such custodian or
custodians to make a certificate in writing which shall be filed in the
office of the election authority, stating the serial
number of each voting
machine, whether or not such machine has all the registering counters
set at zero, whether or not such machine has been tested by voting on
each registering counter so as to prove that each such registering
counter is in perfect and accurate working condition, the number
registered on the protective counter, and the number on the metal seal
with which the machine is sealed against operation. Unless objection is
filed, within 2 days, with the election authority, to the use
of a particular machine or
machines, such voting machine or machines when certified to be correct
by the custodian shall be conclusively presumed to have been properly
prepared for use at the election for which they were prepared. Any
objection filed shall particularly set forth the number of the machine
objected to, and the particulars or basis for the objection. The machine
shall then be locked so that it cannot be operated or voted upon without
first unlocking it and the keys shall be at once returned to the custody
of the election authority, and the election authority shall cause the
machine so labeled in order, set and adjusted, to be delivered at the
polling place, together with all necessary furniture and appliances that
go with the same, not later than one hour before the hour at which the
polls are to be opened. The election authority shall deliver the keys,
which unlock the
voting mechanism and the registering counters or counter compartment of
the voting machine, to the precinct election board, not earlier than
noon on the Saturday preceding the election day, nor later than one hour
before the opening of the polls, and shall receive and file a receipt
therefor. The keys shall be enclosed in a sealed envelope on which shall
be written or printed: (1) The name, number of or designation of the
election precinct or district; (2) The number of the voting machine; (3)
The number of the seal with which the machine is sealed; (4) The number
registered on the protective counter or device as reported by the
custodian. No precinct election official shall break the seal of such
envelope except in the presence of all members of the precinct election
board, and such envelope shall not be opened until it shall have been
examined by each member of the precinct election board to see that it
has not been previously opened. Such envelope shall not be opened until
it shall have been found that the numbers and records recorded thereon
are correct and agree in every respect with the numbers and records as
shown on the machine. If any such number is found not to agree with the
numbers on the machine, the envelope shall not be opened until the
precinct election officials shall have notified the
election authority, and until the election authority
or some other person authorized by the election authority shall have
presented himself at the polling place for
the purpose of re-examining the machine, and shall have certified that
it is properly arranged after testing and examining it. On the morning
of the election the precinct election officials shall meet in the
polling place at least one hour before the time for opening the polls.
They shall see that the sample ballot labels and instructions for voting
are posted properly, and prominently so that the voters can have easy
access to them and that the instruction model is placed on the precinct
election officials' table and that everything is in readiness for voting
at the hour of opening the polls. They shall also see that the voting
machine is properly illuminated in accordance with the equipment
furnished. The precinct election officials shall compare the ballot
labels on the machine with the sample ballots and return sheets, see
that they are correct, examine and see that all the registering counters
in the machine are set at zero (0) or if the machine is equipped with a
device which will automatically record the number on the registering
columns on the back of the machine to recording sheets of paper and the
said paper can be removed without opening the back of the machine, that
all of the said registering counters for each candidate as appears on
the said recording sheet registers (0) and that the public counter is
also set at zero (0) and that the machine is otherwise in perfect order
and they shall compare and record the number on the metal seal with
which the voting machine is sealed, with the number furnished them as
recorded on the envelope containing the keys, by the election authority,
and if the number on the seal and the number on the protective
counter do not agree with the numbers supplied to them, they shall not
open the polls, but shall notify the election authority, and the election
authority or its authorized representatives or
custodian, shall, as soon as may be, test, examine and set the machine
in the same manner as is provided in this section for the testing,
setting and preparation of voting machines for an election. If, after
being so tested and examined, it is found that such voting machine is in
perfect working order, all registering counters shall be set at zero
(0), the reading of the protective counter shall be read and recorded
and the precinct election officials may proceed with the opening of the
polls. If such machine be found not to be in perfect working order as
hereinbefore provided, it shall not be used in the election, but shall
be replaced with another machine which is in perfect working order,
properly set, tested and sealed, and the election board shall then
proceed to examine such machine in the same manner as is provided in
this section for the examination of each voting machine by the election
board before the opening of the polls. They shall not thereafter permit
the counters to be operated or moved except by electors in voting, and
they shall also see that all necessary arrangements and adjustments are
made for voting irregular ballots on the machine. Each precinct election
official shall sign a certificate which shall certify that he has
complied with all the provisions of this Article, and that, before the
polls were declared open, he found the ballot labels to be in their
proper places and to exactly agree with the facsimile diagrams and
return or recording sheet belonging to that precinct; all registering
counters set at zero (0); the number on the metal seal and the number on
the protective counter exactly agree with the records furnished by the
election authority; the metal seal actually was sealed so as to prevent
movement of the voting machine mechanism without first breaking the
seal; all ballot labels were clean and without marks of any kind upon
them and they were in no way defaced or mutilated. When voting machines
are used in an election precinct, the watchers or challengers
representing the various political parties, candidates and citizens'
organizations, provided by law to be present shall be permitted to be
present from the time the precinct election board convenes on election
morning until the completion of the canvass after the close of the
polls. Such watchers shall be permitted to carefully examine each voting
machine before the polls are declared open and to compare the number of
the metal seal and the number on the protective counter with their own
records, and to see that all ballot labels are in their proper places,
and that the machine registering counters are all set at zero (0), and
that the machine or machines are in every way ready for voting at the
opening of the polls. If it is found that the ballot labels are not in
their proper places on the machine, or that they fail to conform in any
respect, with the facsimile diagrams and return sheets belonging to the
precinct, the precinct election officials shall not use such machine but
shall at once notify the proper election authority,
and such machine shall not be used until the election authority or person
authorized by it, shall have
supplied the proper ballot labels, and shall have placed such proper
ballot labels in their proper places, and they shall have been found to
be correct by the precinct election officials and watchers. If any
registering counter shall be found not to be set at zero (0), the
precinct election officials shall immediately notify the custodian or
officer or officers or board having charge of the preparation of the
voting machines for the election or primary, and the election authority
or person authorized by him or them
or it shall adjust
such registering counter or counters to zero (0), in the presence of all
the precinct election officials and watchers serving in such election
district.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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