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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 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.) |
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