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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/24B-9.1
(10 ILCS 5/24B-9.1)
Sec. 24B-9.1. Examination of Votes by Electronic Precinct
Tabulation Optical Scan Technology Scanning Process or other authorized
electronic process; definition of a vote.
(a) Examination of Votes by Electronic Precinct Tabulation Optical Scan
Technology Scanning Process. Whenever a
Precinct Tabulation Optical Scan Technology process is used
to automatically examine and count the votes on ballot sheets,
the provisions of this Section shall apply. A voter shall cast a
proper vote on a ballot sheet by making a mark, or causing a mark to be
made, in the designated
area for the casting of a vote for any party or candidate or for
or against any proposition. For this purpose, a mark is an
intentional darkening of the designated area on the ballot,
and not an identifying mark.
(b) For any ballot sheet that does not register a vote for one or more
ballot positions on the ballot sheet on a Electronic Precinct Tabulation
Optical Scan Technology Scanning Process, the following shall constitute a vote
on the ballot sheet:
(1) the designated area for casting a vote for a | | particular ballot position on the ballot sheet is fully darkened or shaded in;
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(2) the designated area for casting a vote for a
| | particular ballot position on the ballot sheet is partially darkened or shaded in;
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(3) the designated area for casting a vote for a
| | particular ballot position on the ballot sheet contains a dot or ".", a check, or a plus or "+";
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(4) the designated area for casting a vote for a
| | particular ballot position on the ballot sheet contains some other type of mark that indicates the clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of marks on other ballot positions from the same ballot sheet; or
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(5) the designated area for casting a vote for a
| | particular ballot position on the ballot sheet is not marked, but the ballot sheet contains other markings associated with a particular ballot position, such as circling a candidate's name, that indicates the clearly ascertainable intent of the voter to vote, based on the totality of the circumstances, including but not limited to, any pattern or frequency of markings on other ballot positions from the same ballot sheet.
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(c) For other electronic voting systems that use a computer as the marking
device to mark a ballot sheet, the bar code found on the ballot sheet shall
constitute the votes found on the ballot. If, however, the county clerk or
board of election commissioners determines that the votes
represented by the tally on the bar code for one or more ballot positions is
inconsistent with the votes represented by numerical ballot positions
identified on the ballot sheet produced using a computer as the marking device,
then the numerical ballot positions identified on the ballot sheet shall
constitute the votes for purposes of any official canvass or recount
proceeding. An electronic voting system that uses a computer as the marking
device to mark a ballot sheet shall be capable of producing a ballot sheet that
contains all numerical ballot positions selected by the voter,
and provides a place for the voter to cast a write-in vote for a candidate
for a particular numerical ballot position.
(d) The election authority shall provide an envelope, sleeve or
other device to each voter so the voter can
deliver the voted ballot sheet to the counting equipment and
ballot box without the votes indicated on the ballot sheet being
visible to other persons in the polling place.
(Source: P.A. 95-331, eff. 8-21-07.)
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10 ILCS 5/24B-10
(10 ILCS 5/24B-10)
Sec. 24B-10. Receiving, counting, tallying and return of
ballots; acceptance of ballots by election authority. (a) In an election jurisdiction which has adopted an electronic Precinct
Tabulation Optical Scan Technology voting system, the election
official in charge of the election shall select one of the 3
following procedures for receiving, counting, tallying, and
return of the ballots:
(1) Two ballot boxes shall be provided for each | | polling place. The first ballot box is for the depositing of votes cast on the electronic voting system; and the second ballot box is for all votes cast on other ballots, including any paper ballots required to be voted other than on the Precinct Tabulation Optical Scan Technology electronic voting system. Ballots deposited in the second ballot box shall be counted, tallied, and returned as is elsewhere provided in this Code for the counting and handling of paper ballots. Immediately after the closing of the polls, the judges of election shall make out a slip indicating the number of persons who voted in the precinct at the election. The slip shall be signed by all the judges of election and shall be inserted by them in the first ballot box. The judges of election shall thereupon immediately lock each ballot box; provided, that if the box is not of a type which may be securely locked, the box shall be sealed with filament tape provided for the purpose that shall be wrapped around the box lengthwise and crosswise, at least twice each way, and in a manner that the seal completely covers the slot in the ballot box, and each of the judges shall sign the seal. Two of the judges of election, of different political parties, shall by the most direct route transport both ballot boxes to the counting location designated by the county clerk or board of election commissioners.
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Before the ballots of a precinct are fed to the
| | electronic Precinct Tabulation Optical Scan Technology tabulating equipment, the first ballot box shall be opened at the central counting station by the 2 precinct transport judges. Upon opening a ballot box, the team shall first count the number of ballots in the box. If 2 or more are folded together to appear to have been cast by the same person, all of the ballots folded together shall be marked and returned with the other ballots in the same condition, as near as may be, in which they were found when first opened, but shall not be counted. If the remaining ballots are found to exceed the number of persons voting in the precinct as shown by the slip signed by the judges of election, the ballots shall be replaced in the box, and the box closed and well shaken and again opened and one of the precinct transport judges shall publicly draw out so many ballots unopened as are equal to the excess.
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The excess ballots shall be marked "Excess-Not
| | Counted" and signed by the 2 precinct transport judges and shall be placed in the "After 7:00 p.m. Defective Ballots Envelope". The number of excess ballots shall be noted in the remarks section of the Certificate of Results. "Excess" ballots shall not be counted in the total of "defective" ballots.
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The precinct transport judges shall then examine the
| | remaining ballots for write-in votes and shall count and tabulate the write-in vote.
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(2) A single ballot box, for the deposit of all votes
| | cast, shall be used. All ballots which are not to be tabulated on the electronic voting system shall be counted, tallied, and returned as elsewhere provided in this Code for the counting and handling of paper ballots.
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All ballots to be processed and tabulated with the
| | electronic Precinct Tabulation Optical Scan Technology voting system shall be processed as follows:
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Immediately after the closing of the polls, the
| | precinct judges of election shall open the ballot box and canvass the votes polled to determine that the number of ballots agree with the number of voters voting as shown by the applications for ballot, or if the same do not agree the judges of election shall make such ballots agree with the applications for ballot in the manner provided by Section 17-18 of this Code.
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In case of an overvote for any office, the judges of
| | election, consisting in each case of at least one judge of election of each of the 2 major political parties, shall make a true duplicate ballot of all votes on the ballot except for the office which is overvoted, by using the ballot of the precinct and one of the marking devices, or equivalent ballot, of the precinct to transfer all votes of the voter except for the office overvoted, to an official ballot of that kind used in the precinct at that election. The original ballot upon which there is an overvote shall be clearly labeled "Overvoted Ballot", and each shall bear the same serial number which shall be placed thereon by the judges of election, beginning with number 1 and continuing consecutively for the ballots of that kind in that precinct. The judges of election shall initial the "Duplicate Overvoted Ballot" ballots and shall place them in the box for return of the ballots. The "Overvoted Ballot" ballots shall be placed in the "Duplicate Ballots" envelope. The ballots except any defective or overvoted ballot shall be placed separately in the box for return of the ballots. The judges of election shall examine the ballots to determine if any is damaged, defective, or cannot otherwise be counted by the automatic tabulating equipment. If any ballot is damaged, defective, or cannot otherwise properly be counted by the automatic tabulating equipment, the judges of election, consisting in each case of at least one judge of election of each of the 2 major political parties, shall make a true duplicate ballot of all votes on such ballot by using the ballot of the precinct and one of the marking devices, or equivalent ballot, of the precinct. The original ballot and ballot envelope shall be clearly labeled "Damaged Ballot" and the ballot so produced "Duplicate Damaged Ballot", and each shall bear the same number which shall be placed thereon by the judges of election, commencing with number 1 and continuing consecutively for the ballots of that kind in the precinct. The judges of election shall initial the "Duplicate Damaged Ballot" ballot and shall place them in the box for return of the ballots. The "Damaged Ballot" ballots shall be placed in the "Duplicated Ballots" envelope. A slip indicating the number of voters voting in person and the total number of voters of the precinct who voted at the election shall be made out, signed by all judges of election, and inserted in the box for return of the ballots. The tally sheets recording the write-in votes shall be placed in this box. The judges of election immediately shall securely lock the ballot box or other suitable box furnished for return of the ballots by the election official in charge of the election; provided that if the box is not of a type which may be securely locked, the box shall be sealed with filament tape provided for the purpose which shall be wrapped around the box lengthwise and crosswise, at least twice each way. A separate adhesive seal label signed by each of the judges of election of the precinct shall be affixed to the box to cover any slot therein and to identify the box of the precinct; and if the box is sealed with filament tape as provided rather than locked, such tape shall be wrapped around the box as provided, but in such manner that the separate adhesive seal label affixed to the box and signed by the judges may not be removed without breaking the filament tape and disturbing the signature of the judges. Two of the judges of election, of different major political parties, shall by the most direct route transport the box for return of the ballots and enclosed ballots and returns to the central counting location designated by the election official in charge of the election. If, however, because of the lack of adequate parking facilities at the central counting location or for any other reason, it is impossible or impracticable for the boxes from all the polling places to be delivered directly to the central counting location, the election official in charge of the election may designate some other location to which the boxes shall be delivered by the 2 precinct judges. While at the other location the boxes shall be in the care and custody of one or more teams, each consisting of 4 persons, 2 from each of the 2 major political parties, designated for such purpose by the election official in charge of elections from recommendations by the appropriate political party organizations. As soon as possible, the boxes shall be transported from the other location to the central counting location by one or more teams, each consisting of 4 persons, 2 from each of the 2 major political parties, designated for the purpose by the election official in charge of elections from recommendations by the appropriate political party organizations.
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The "Defective Ballots" envelope, and "Duplicated
| | Ballots" envelope each shall be securely sealed and the flap or end of each envelope signed by the precinct judges of election and returned to the central counting location with the box for return of the ballots, enclosed ballots and returns.
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At the central counting location, a team of tally
| | judges designated by the election official in charge of the election shall check the box returned containing the ballots to determine that all seals are intact, and shall open the box, check the voters' slip and compare the number of ballots so delivered against the total number of voters of the precinct who voted, remove the ballots and deliver them to the technicians operating the automatic tabulating equipment. Any discrepancies between the number of ballots and total number of voters shall be noted on a sheet furnished for that purpose and signed by the tally judges.
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(3) A single ballot box, for the deposit of all votes
| | cast, shall be used. Immediately after the closing of the polls, the precinct judges of election shall securely lock the ballot box; provided that if such box is not of a type which may be securely locked, the box shall be sealed with filament tape provided for the purpose which shall be wrapped around the box lengthwise and crosswise, at least twice each way. A separate adhesive seal label signed by each of the judges of election of the precinct shall be affixed to the box to cover any slot therein and to identify the box of the precinct; and if the box is sealed with filament tape as provided rather than locked, such tape shall be wrapped around the box as provided, but in a manner that the separate adhesive seal label affixed to the box and signed by the judges may not be removed without breaking the filament tape and disturbing the signature of the judges. Two of the judges of election, of different major political parties, shall by the most direct route transport the box for return of the ballots and enclosed vote by mail and early ballots and returns to the central counting location designated by the election official in charge of the election. If however, because of the lack of adequate parking facilities at the central counting location or for some other reason, it is impossible or impracticable for the boxes from all the polling places to be delivered directly to the central counting location, the election official in charge of the election may designate some other location to which the boxes shall be delivered by the 2 precinct judges. While at the other location the boxes shall be in the care and custody of one or more teams, each consisting of 4 persons, 2 from each of the 2 major political parties, designated for the purpose by the election official in charge of elections from recommendations by the appropriate political party organizations. As soon as possible, the boxes shall be transported from the other location to the central counting location by one or more teams, each consisting of 4 persons, 2 from each of the 2 major political parties, designated for the purpose by the election official in charge of the election from recommendations by the appropriate political party organizations.
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At the central counting location there shall be one
| | or more teams of tally judges who possess the same qualifications as tally judges in election jurisdictions using paper ballots. The number of the teams shall be determined by the election authority. Each team shall consist of 5 tally judges, 3 selected and approved by the county board from a certified list furnished by the chair of the county central committee of the party with the majority of members on the county board and 2 selected and approved by the county board from a certified list furnished by the chair of the county central committee of the party with the second largest number of members on the county board. At the central counting location a team of tally judges shall open the ballot box and canvass the votes polled to determine that the number of ballot sheets therein agree with the number of voters voting as shown by the applications for ballot and, if the same do not agree, the tally judges shall make such ballots agree with the number of applications for ballot in the manner provided by Section 17-18 of this Code. The tally judges shall then examine all ballot sheets that are in the ballot box to determine whether they bear the initials of the precinct judge of election. If any ballot is not initialed, it shall be marked on the back "Defective", initialed as to that label by all tally judges immediately under the word "Defective", and not counted, but placed in the envelope provided for that purpose labeled "Defective Ballots Envelope". An overvote for one office shall invalidate only the vote or count for that particular office.
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At the central counting location, a team of tally
| | judges designated by the election official in charge of the election shall deliver the ballot sheets to the technicians operating the automatic Precinct Tabulation Optical Scan Technology tabulating equipment. Any discrepancies between the number of ballots and total number of voters shall be noted on a sheet furnished for that purpose and signed by the tally judges.
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(b) Regardless of which procedure described in subsection
(a) of this Section is used, the judges of election designated to
transport the ballots properly signed and sealed,
shall ensure that the ballots are delivered to the
central counting station no later than 12 hours after the polls
close. At the central counting station, a team of tally judges
designated by the election official in charge of the election
shall examine the ballots so transported and shall not accept
ballots for tabulating which are not signed and sealed as
provided in subsection (a) of this Section until the judges
transporting the ballots make and sign the necessary corrections.
Upon acceptance of the ballots by a team of tally judges at the
central counting station, the election judges transporting the
ballots shall take a receipt signed by the election official in
charge of the election and stamped with the date and time of
acceptance. The election judges whose duty it is to transport
any ballots shall, in the event the ballots cannot be found when
needed, on proper request, produce the receipt which they are to
take as above provided.
(Source: P.A. 102-819, eff. 5-13-22.)
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10 ILCS 5/24B-10.1
(10 ILCS 5/24B-10.1)
Sec. 24B-10.1. In-precinct counting equipment; procedures for counting and
tallying ballots. In an election
jurisdiction where Precinct Tabulation Optical Scan Technology
counting equipment is used, the following procedures for
counting and tallying the ballots shall apply:
Before the opening of the polls, and before the ballots are
entered into the automatic tabulating equipment, the judges of
election shall be sure that the totals are all zeros in the
counting column. Ballots may then be counted by entering or scanning
each ballot into the automatic tabulating equipment.
Throughout the election day and before the closing of the polls, no person
may check any vote totals for any candidate or proposition on the automatic
tabulating equipment. Such automatic tabulating equipment shall be programmed
so that no person may reset the equipment for refeeding of ballots unless
provided a code from an authorized representative of the election
authority.
At the option of the election authority, the ballots may be fed into the
Precinct Tabulation Optical Scan Technology
equipment by the voters under the direct
supervision of the judges of elections.
Immediately after the closing of the polls, the precinct judges of election shall open the ballot box
and count the number of ballots to determine if the
number agrees with the number of voters voting as shown on the
Precinct Tabulation Optical Scan Technology equipment and by the
applications for ballot or, if the same do not agree, the judges
of election shall make the ballots agree with the applications
for ballot in the manner provided by Section 17-18 of this Code.
The judges of election shall then examine all ballots which are
in the ballot box to determine whether the ballots contain the
initials of a precinct judge of election. If any ballot is not
initialed, it shall be marked on the back "Defective", initialed
as to such label by all judges immediately under the word
"Defective" and not counted. The judges of election shall place
an initialed blank official ballot in the place of the defective
ballot, so that the count of the ballots to be counted
on the automatic tabulating equipment will be the same, and each
"Defective Ballot" and "Replacement" ballot shall contain the
same serial number which shall be placed thereon by the judges of
election, beginning with number 1 and continuing consecutively
for the ballots of that kind in that precinct. The original
"Defective" ballot shall be placed in the "Defective Ballot
Envelope" provided for that purpose.
If the judges of election have removed a ballot pursuant to Section 17-18,
have labeled "Defective" a ballot which is not initialed, or have otherwise
determined under this Code to not count a ballot originally deposited into a
ballot box, the judges of election shall be sure that the totals on the
automatic tabulating equipment are reset to all zeros in the counting column.
Thereafter the judges of election shall enter or otherwise scan each ballot
to be counted in the
automatic tabulating equipment. Resetting the automatic tabulating equipment
to all zeros and re-entering of ballots to be counted may occur at the precinct
polling place, the office of the election authority, or any receiving station
designated by the election authority. The election authority shall designate
the place for resetting and re-entering or re-scanning.
When a Precinct Tabulation Optical Scan Technology
electronic voting system is used which uses a paper ballot,
the judges of election shall examine the ballot for write-in
votes. When the voter has cast a write-in vote, the judges of
election shall compare the write-in vote with the votes on the
ballot to determine whether the write-in results in an overvote
for any office, unless the Precinct Tabulation Optical Scan
Technology equipment has already done so. In case of an overvote
for any office, the judges of election, consisting in each case
of at least one judge of election of each of the 2 major
political parties, shall make a true duplicate ballot of all
votes on such ballot except for the office which is
overvoted, by using the ballot of the precinct and one of the
marking devices, or equivalent ballot, of the precinct so as to transfer
all votes
of
the voter, except for the office overvoted, to a duplicate
ballot. The original ballot upon which there is an overvote
shall be clearly labeled "Overvoted Ballot", and each such
"Overvoted Ballot" as well as its "Replacement" shall contain the
same serial number which shall be placed thereon by the judges of
election, beginning with number 1 and continuing consecutively
for the ballots of that kind in that precinct. The "Overvoted
Ballot" shall be placed in an envelope provided for that purpose
labeled "Duplicate Ballot" envelope, and the judges of election
shall initial the "Replacement" ballots and shall place them with
the other ballots to be counted on the automatic tabulating
equipment.
If any ballot is damaged, defective, or if any ballot
otherwise contains a Voting Defect, so that it cannot properly be counted
by the automatic tabulating equipment, the voter or the judges of
election, consisting in each case of at least one judge of
election of each of the 2 major political parties, shall make a
true duplicate ballot of all votes on such ballot by using the
ballot of the precinct and one of the marking devices of the
precinct, or equivalent. If a damaged ballot, the original ballot shall be
clearly labeled "Damaged Ballot" and the ballot so produced shall
be clearly labeled "Damaged Ballot" and the ballot
so produced shall be clearly labeled "Duplicate Damaged Ballot", and each
shall contain the same serial number which shall be placed
by the judges of election, beginning with number 1 and
continuing consecutively for the ballots of that kind in the
precinct. The judges of election shall initial the "Duplicate
Damaged Ballot" ballot and shall enter or otherwise scan the duplicate
damaged
ballot into the automatic tabulating equipment. The "Damaged
Ballots" shall be placed in the "Duplicated Ballots" envelope;
after all ballots have been successfully read, the judges of
election shall check to make certain that the Precinct Tabulation
Optical Scan Technology equipment readout agrees with the number
of voters making application for ballot in that precinct. The
number shall be listed on the "Statement of Ballots" form
provided by the election authority.
The totals for all candidates and propositions shall be tabulated. One copy of an "In-Precinct Totals Report" shall be generated by the automatic tabulating equipment for return to the election authority. One copy of an "In-Precinct Totals Report" shall be generated and posted in a conspicuous place inside the polling place, provided that any authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots is present.
The judges of election shall
provide, if requested, a copy
for each authorized pollwatcher or other official authorized to
be present in the polling place to observe the counting of
ballots. In addition, sufficient time shall be
provided by the judges of election to the pollwatchers to allow
them to copy information from the copy which has been posted.
The judges of election shall count all unused ballots and
enter the number on the "Statement of Ballots". All "Spoiled",
"Defective" and "Duplicated" ballots shall be counted and the
number entered on the "Statement of Ballots".
The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials as
instructed by the election authority; provided, however, that
such container must first be sealed by the election judges with
filament tape or other approved sealing devices provided for the
purpose which shall be wrapped around the container lengthwise
and crosswise, at least twice each way, in a manner that the
ballots cannot be removed from the container without breaking
the seal and filament tape and disturbing any signatures affixed
by the election judges to the container, or which other approved
sealing devices are affixed in a manner approved by the election
authority. The election authority shall keep the office of the
election authority or any receiving stations designated by the
authority, open for at least 12 consecutive hours after the polls
close or until the ballots from all precincts with in-precinct
counting equipment within the jurisdiction of the election
authority have been returned to the election authority. Ballots
returned to the office of the election authority which are not
signed and sealed as required by law shall not be accepted by the
election authority until the judges returning the ballots make and
sign the necessary corrections. Upon acceptance of the ballots
by the election authority, the judges returning the ballots shall
take a receipt signed by the election authority and stamped with
the time and date of the return. The election judges whose duty
it is to return any ballots as provided shall, in the
event the ballots cannot be found when needed, on proper
request, produce the receipt which they are to take as above
provided. The precinct judges of election shall also deliver
the Precinct Tabulation Optical Scan Technology equipment to the
election authority.
(Source: P.A. 102-819, eff. 5-13-22.)
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10 ILCS 5/24B-11
(10 ILCS 5/24B-11)
Sec. 24B-11. Proceedings at location for central
counting; employees; approval of list. All proceedings at the location for
central counting shall be under the direction of the county clerk
or board of election commissioners. Except
for any specially trained technicians required for the operation
of the automatic Precinct Tabulation Optical Scan Technology
tabulating equipment, the employees at the counting station shall
be equally divided between members of the 2 leading political
parties and all duties performed by the employees shall be by
teams consisting of an equal number of members of each political
party. Thirty days before an election the county clerk or board
of election commissioners shall submit to the chair of each
political party, for his or her approval or disapproval, a list of
persons of his or her party proposed to be employed. If a chair
fails to notify the election authority of his or her disapproval of any
proposed employee within a period of 10 days thereafter the list
shall be deemed approved.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/24B-13
(10 ILCS 5/24B-13)
Sec. 24B-13.
Tabulating Votes; Direction; Presence of Public; Computer
Operator's Log and Canvass. The procedure for
tabulating the votes by the automatic Precinct Tabulation Optical
Scan Technology tabulating equipment shall be under the direction
of the election authority and shall conform to the requirements
of the automatic Precinct Tabulation Optical Scan Technology
tabulating equipment. During any election-related activity
using the automatic Precinct Tabulation Optical Scan
Technology tabulating equipment, the election authority shall
make a reasonable effort to dedicate the equipment to vote
processing to ensure the security and integrity of the
system.
A reasonable number of pollwatchers shall be admitted to the
counting location. Persons may observe the tabulating process at
the discretion of the election authority; however, at least one
representative of each established political party and authorized
agents of the State Board of Elections shall be permitted to
observe this process at all times. No persons except those
employed and authorized for the purpose shall touch any ballot,
ballot box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority. In conducting the vote tabulation and canvass, the
computer operator must maintain a log which shall include the
following information:
a. alterations made to programs associated with the | |
b. if applicable, console messages relating to the
| | program and the respective responses made by the operator;
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c. the starting time for each precinct counted, the
| | number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and
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d. changes and repairs made to the equipment during
| | the vote tabulation and canvass.
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The computer operator's log and canvass shall be available
for public inspection in the office of the election authority for
a period of 60 days following the proclamation of election
results. A copy of the computer operator's log and the canvass
shall be transmitted to the State Board of Elections upon its
request and at its expense.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-14
(10 ILCS 5/24B-14)
Sec. 24B-14. Damaged, defective, or unreadable ballots; duplicates. If any ballot is
damaged, defective, or cannot otherwise properly be counted by the
automatic Precinct Tabulation Optical Scan Technology tabulating
equipment, a true duplicate copy shall be made of the
ballot in the presence of witnesses and substituted for the
original ballot. Likewise, a duplicate ballot shall not include the invalid votes appearing on the original ballot. All
duplicate ballots shall be clearly labeled "Duplicate", shall
bear a serial number which shall be registered on the damaged,
defective, or otherwise unreadable ballot, and shall be counted in lieu of the damaged,
defective, or otherwise unreadable ballot.
(Source: P.A. 102-819, eff. 5-13-22.)
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10 ILCS 5/24B-15
(10 ILCS 5/24B-15)
Sec. 24B-15. Official return of precinct; check of totals; retabulation. The precinct return printed by the automatic
Precinct Tabulation Optical Scan Technology tabulating equipment
shall include the number of ballots cast
and votes cast for each candidate and proposition and shall
constitute the official return of each precinct. In addition to the precinct
return, the election
authority shall provide the number of applications for ballots in
each precinct, the write-in votes, the total number of ballots
counted in each precinct for each political subdivision and
district and the number of registered voters in each precinct.
However, the election authority shall check the totals shown by
the precinct return and, if there is an obvious discrepancy regarding
the total number of votes cast in any precinct, shall
have the ballots for that precinct retabulated to correct the
return.
The procedures for retabulation shall apply prior to and after the
proclamation is completed; however, after the proclamation of results, the
election authority must obtain a court order to unseal voted ballots except for
election contests and discovery recounts.
In those election jurisdictions that use in-precinct
counting equipment, the certificate of results, which has been
prepared by the judges of election after the
ballots have been tabulated, shall be the document used for the
canvass of votes for such precinct. Whenever a discrepancy
exists during the canvass of votes between the unofficial results
and the certificate of results, or whenever a discrepancy exists
during the canvass of votes between the certificate of results
and the set of totals which has been affixed to the certificate
of results, the ballots for that precinct shall be retabulated to
correct the return. As an additional part of this check prior to
the proclamation, in those jurisdictions where in-precinct
counting equipment is used, the election authority shall
retabulate the total number of votes cast in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be
retabulated shall be selected after election day on a random
basis by the State Board of Elections, so that every precinct in the
election jurisdiction and every voting device used in early voting has an equal mathematical chance of being
selected. The State Board of Elections shall design a standard
and scientific random method of selecting the precincts and voting devices which are
to be retabulated. The State central committee chair of each established political party
shall be given prior written notice
of the time and place of the random selection procedure and may
be represented at the procedure. The retabulation shall
consist of counting the ballots which were originally counted and
shall not involve any determination of which ballots were, in
fact, properly counted. The ballots from the precincts selected
for the retabulation shall remain at all times under the custody
and control of the election authority and shall be transported
and retabulated by the designated staff of the election
authority.
As part of the retabulation, the election authority shall
test the computer program in the selected precincts and on the selected early voting devices. The test
shall be conducted by processing a preaudited group of ballots
marked to record a predetermined number of valid votes for
each candidate and on each public question, and shall include for
each office one or more ballots which have votes in excess of the
number allowed by law to test the ability of the
equipment and the marking device to reject such votes. If any error is
detected, the
cause shall be determined and corrected, and an
errorless count shall be made prior to the official canvass and
proclamation of election results.
The State Board of Elections, the State's Attorney and other
appropriate law enforcement agencies, the county chair of each
established political party and qualified civic organizations
shall be given prior written notice of the time and place of the
retabulation and may be represented at the retabulation.
The results of this retabulation shall be treated in the
same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
Upon completion of the retabulation, the election authority shall
print a comparison of the results of the retabulation with the
original precinct return printed by the automatic tabulating
equipment. The comparison shall be done for each precinct and for each early voting device selected for testing and
for each office voted upon within that precinct or on that voting device, and the
comparisons shall be open to the public. Upon completion of the
retabulation, the returns shall be open to the public.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/24B-15.01
(10 ILCS 5/24B-15.01)
Sec. 24B-15.01.
Transporting Ballots to Central Counting
Station; Container. Upon completion of the tabulation and
retabulation of votes pursuant to Sections 24B-11 through 24B-15,
the ballots from each precinct shall be replaced in the container
in which they were transported to the central counting station.
If the container is not a type which may be securely locked,
then each container, before being transferred from the
counting station to storage, shall be sealed with filament tape
wrapped around the container lengthwise and crosswise, at least
twice each way, and in a manner that the ballots cannot be
removed from the container without breaking the tape.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-15.1
(10 ILCS 5/24B-15.1)
Sec. 24B-15.1. Discovery recounts and election contests.
Except as provided, discovery recounts and election
contests shall be conducted as otherwise provided for in
this Code. The automatic Precinct Tabulation
Optical Scan Technology tabulating equipment shall be tested
prior to the discovery recount or election contest as provided in
Section 24B-9, and then the official ballots shall be recounted
on the automatic tabulating equipment. In addition, (a) the
ballots shall be checked for the presence or absence of judges'
initials and other distinguishing marks, and (b) the ballots
marked "Rejected", "Defective", "Objected To", "Early Ballot", and "Vote by Mail
Ballot" shall be examined to determine the propriety of the
labels, and (c) the "Duplicate Vote by Mail Ballots", "Duplicate
Overvoted Ballots", "Duplicate Early Ballot", and "Duplicate Damaged Ballots" shall be
compared with their respective originals to determine the
correctness of the duplicates.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted. The
additional costs of a redundant count shall be borne by the
requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/24B-16
(10 ILCS 5/24B-16)
Sec. 24B-16. Approval of Precinct Tabulation Optical Scan
Technology Voting Systems; Requisites. The State Board of
Elections shall approve all Precinct Tabulation Optical Scan
Technology voting systems provided by this Article.
No Precinct Tabulation Optical Scan Technology voting system
shall be approved unless it fulfills the following requirements:
(a) It enables a voter to vote in absolute secrecy;
(b) (Blank);
(c) It enables a voter to vote a ticket selected in | | part from the nominees of one party, and in part from the nominees of any or all parties, and in part from independent candidates, and in part of candidates whose names are written in by the voter;
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(d) It enables a voter to vote a written or printed
| | ticket of his or her own selection for any person for any office for whom he or she may desire to vote;
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(e) It will reject all votes for an office or upon a
| | proposition when the voter has cast more votes for the office or upon the proposition than he or she is entitled to cast;
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(e-5) It will identify when a voter has not voted for
| | all statewide constitutional offices; and
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(f) It will accommodate all propositions to be
| | submitted to the voters in the form provided by law or, where no form is provided, then in brief form, not to exceed 75 words.
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The State Board of Elections shall not approve any voting equipment or system that includes an external Infrared Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a Precinct Tabulation Optical Scan Technology voting
system if the system fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of: all application fees; all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software.
Any voting system vendor, person, or other private entity seeking the State Board of Elections' approval of a voting system shall, as part of the approval application, submit to the State Board a non-refundable fee. The State Board of Elections by rule shall establish an appropriate fee structure, taking into account the type of voting system approval that is requested (such as approval of a new system, a modification of an existing system, the size of the modification, etc.). No voting system or modification of a voting system shall be approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or loan, or have a written contract, including a contract contingent upon State Board approval of the voting system or voting system component, to sell, lease, or loan, a
voting system or Precinct Tabulation Optical Scan Technology
voting system component to any election jurisdiction unless the
voting system or voting system component is first approved by the
State Board of Elections pursuant to this Section.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
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10 ILCS 5/24B-17
(10 ILCS 5/24B-17)
Sec. 24B-17.
Rules; Number of Voting Booths.
The State Board
of Elections may make reasonable rules for the administration of
this Article and may prescribe the number of voting booths
required for the various types of voting systems.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-18
(10 ILCS 5/24B-18)
Sec. 24B-18.
Specimen Ballots; Publication.
When an
electronic Precinct Tabulation Optical Scan Technology voting
system is used, the election authority shall cause to be
published, at least 5 days before the day of each general and
general primary election, in 2 or more newspapers published in
and having a general circulation in the county, a true and
legible copy of the specimen ballot. A true legible copy may be
in the form of an actual size ballot and shall be published as
required by this Section if distributed in 2 or more newspapers
published and having a general circulation in the county as an
insert. For each election prescribed in Article 2A of
this Code, specimen ballots shall be made available for
public distribution and shall be supplied to the judges of
election for posting in the polling place on the day of election.
Notice for the nonpartisan and consolidated elections shall be
given as provided in Article 12.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24B-19
(10 ILCS 5/24B-19)
Sec. 24B-19.
Additional Method of Voting.
The foregoing
Sections of this Article shall be deemed to provide a method of
voting in addition to the methods otherwise provided in this
Code.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/24B-20
(10 ILCS 5/24B-20)
Sec. 24B-20. Voting Defect Identification
Capabilities. An election authority is
required to use the Voting Defect Identification capabilities of
the
automatic tabulating equipment when used in-precinct, including both the capability of identifying an under-vote and the capability of identifying an over-vote.
(Source: P.A. 95-699, eff. 11-9-07.)
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10 ILCS 5/Art. 24C
(10 ILCS 5/Art. 24C heading)
ARTICLE 24C.
DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
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10 ILCS 5/24C-1
(10 ILCS 5/24C-1)
Sec. 24C-1. Purpose. The purpose of this Article is to
authorize the use of Direct Recording Electronic Voting Systems
approved by the State Board of Elections. In a Direct Recording
Electronic Voting System, voters cast votes by means of a ballot
display provided with mechanical or electro-optical devices that
can be activated by the voters to mark their choices for the
candidates of their preference and for or against public
questions. Such voting devices shall be capable of
instantaneously recording such votes, storing such votes,
producing a permanent paper record and tabulating such votes at
the precinct or at one or more counting stations. This Article
authorizes the use of Direct Recording Electronic Voting Systems
for in-precinct counting applications and for early
voting in the office of the election authority and in the
offices of local officials authorized by the election authority
to conduct such early voting. All other early ballots
must be counted at the office of the election authority.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/24C-2
(10 ILCS 5/24C-2)
Sec. 24C-2. Definitions. As used in this Article:
"Audit trail" or "audit capacity" means a continuous trail
of evidence linking individual transactions related to the
casting of a vote, the vote count and the summary record of vote
totals, but which shall not allow for the identification of the
voter. It shall permit verification of the accuracy of the
count and detection and correction of problems and shall provide
a record of each step taken in: defining and producing ballots
and generating related software for specific elections;
installing ballots and software; testing system readiness;
casting and tabulating ballots; and producing images of votes
cast and reports of vote totals. The record shall incorporate
system status and error messages generated during election
processing, including a log of machine activities and routine
and unusual intervention by authorized and unauthorized
individuals. Also part of an audit trail is the documentation
of such items as ballots delivered and collected, administrative
procedures for system security, pre-election testing of voting
systems, and maintenance performed on voting equipment. All test plans, test results, documentation, and other records used to plan, execute, and record the results of the testing and verification, including all material prepared or used by independent testing authorities or other third parties, shall be made part of the public record and shall be freely available via the Internet and paper copy to anyone. "Audit trail" or "audit capacity" also
means that the voting system is capable of producing and shall
produce immediately after a ballot is cast a permanent paper
record of each ballot cast that shall be available as an
official record for any recount, redundant count, or
verification or retabulation of the vote count conducted with
respect to any election in which the voting system is used.
"Ballot" means an electronic audio or video display or any
other medium, including paper, used to record a voter's choices
for the candidates of their preference and for or against public
questions.
"Ballot configuration" means the particular combination of
political subdivision or district ballots including, for each
political subdivision or district, the particular combination of
offices, candidate names and public questions as it appears for
each group of voters who may cast the same ballot.
"Ballot image" means a corresponding representation in
electronic or paper form of the mark or vote position of a
ballot.
"Ballot label" or "ballot screen" means the display of
material containing the names of offices and candidates and
public questions to be voted on.
"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
the 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.
"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.
"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 that
examines, records, displays, counts, tabulates, canvasses, or prints votes
recorded by a voter on a ballot or that displays any and all information, graphics, or other visual or audio information or images used in presenting voting information, instructions, or voter choices.
"Direct recording electronic voting system", "voting
system" or "system" means the total combination of mechanical,
electromechanical or electronic equipment, programs and
practices used to define ballots, cast and count votes, report
or display election results, maintain or produce any audit trail
information, identify all system components, test the system
during development, maintenance and operation, maintain records
of system errors and defects, determine specific system changes
to be made to a system after initial qualification, and make
available any materials to the voter such as notices,
instructions, forms or paper ballots.
"Edit listing" means a computer generated listing of the
names of each candidate and public question as they appear in
the program for each precinct.
"In-precinct counting" means the recording and 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.
"Marking device" means any device approved by the State
Board of Elections for marking a ballot so as to enable the
ballot to be recorded, counted and tabulated by automatic
tabulating equipment.
"Permanent paper record" means a paper record upon which
shall be printed in human readable form the votes cast for each
candidate and for or against each public question on each ballot
recorded in the voting system. Each permanent paper record
shall be printed by the voting device upon activation of the
marking device by the voter and shall contain a unique, randomly
assigned identifying number that shall correspond to the number
randomly assigned by the voting system to each ballot as it is
electronically recorded.
"Redundant count" means a verification of the original
computer count of ballots by another count using compatible
equipment or other means as part of a discovery recount,
including a count of the permanent paper record of each ballot
cast by using compatible equipment, different equipment approved
by the State Board of Elections for that purpose, or by hand.
"Separate ballot" means a separate page or display screen
of the ballot that is clearly defined and distinguishable from
other portions of the ballot.
"Voting device" or "voting machine" means an apparatus that
contains the ballot label or ballot screen and allows the voter
to record his or her vote.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
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10 ILCS 5/24C-3
(10 ILCS 5/24C-3)
Sec. 24C-3.
Adoption, experimentation or abandonment of
Direct Recording Electronic Voting System; Boundaries of
precincts; Notice. 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 Direct Recording Electronic Voting System approved for use by
the State Board of Elections and may use such System in all or
some of the precincts within its jurisdiction, or in combination
with paper ballots or other voting systems. Any 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 a Direct Recording
Electronic Voting System or System component without the
approval of the State Board of Elections as provided by Section
24C-16.
Before any Direct Recording Electronic Voting 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 where the 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,
where 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 a Direct Recording Electronic Voting System
will be used."
Dated at ... this ... day of ... 20....?
This notice referred to shall be given only at the first
election at which the Direct Recording Electronic Voting System
is used.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-3.1
(10 ILCS 5/24C-3.1)
Sec. 24C-3.1.
Retention or consolidation or alteration of
existing precincts; Change of location. When a Direct Recording
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 to change the number of registered voters of
the precincts using the System, establishing the number of
registered voters within each precinct at a 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 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 the 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. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-4
(10 ILCS 5/24C-4)
Sec. 24C-4.
Use of Direct Recording Electronic Voting
System; Requisites; Applicable procedure. Direct Recording
Electronic Voting Systems may be used in elections 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 Direct Recording
Electronic Voting Systems are used. However, the provisions of
this Article 24C will govern when there are conflicts.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-5
(10 ILCS 5/24C-5)
Sec. 24C-5.
Voting Stations.
In precincts where a Direct
Recording Electronic Voting System is used, a sufficient number
of voting stations shall be provided for the use of the System
according to the requirements determined by the State Board of
Elections. Each station shall be placed in a manner so that no
judge of election or pollwatcher is able to observe a voter
casting a ballot.
(Source: P.A. 93-574, eff. 8-21-03.)
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