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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/24C-5.1
(10 ILCS 5/24C-5.1)
Sec. 24C-5.1.
Instruction of Voters; Instruction Model;
Partiality to Political Party; Manner of Instruction. Before
entering the voting booth each voter shall be offered
instruction in using the Direct Recording Electronic Voting
System. In instructing voters, no precinct official may show
partiality to any political party or candidate. 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 inside a voting booth
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 or her vote for any particular ticket, candidate,
amendment, question or proposition. All instructions shall be
given by precinct officials in a manner that it may be observed
by other persons in the polling place.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-5.2
(10 ILCS 5/24C-5.2)
Sec. 24C-5.2.
Demonstration of Direct Recording Electronic
Voting System; Placement in Public Library. When a Direct
Recording Electronic Voting System is used in a forthcoming
election, the election authority may provide, for the purpose of
instructing voters in the election, one demonstrator Direct
Recording Electronic Voting System unit for placement in any
public library or in any other public or private building within
the political subdivision where the election occurs. If the
placement of a demonstrator takes place it shall be made
available at least 30 days before the election.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-6
(10 ILCS 5/24C-6)
Sec. 24C-6. Ballot Information; Arrangement; Direct
Recording Electronic Voting System; Vote by Mail Ballots; Spoiled
Ballots. The ballot information, shall, as far as practicable,
be in the order of arrangement provided for paper ballots,
except that the information may be in vertical or horizontal
rows, or on a number of separate pages or display screens.
Ballots for all public questions to be voted on should be
provided in a similar manner and must be arranged on the ballot
in the places provided for such purposes. All public questions,
including but not limited to public questions calling for a
constitutional convention, constitutional amendment, or judicial
retention, shall be placed on the ballot separate and apart from
candidates. Ballots for all public questions shall be clearly
designated by borders or different color screens. More than one
amendment to the constitution may be placed on the same portion
of the ballot sheet. Constitutional convention or
constitutional amendment propositions shall be placed on a
separate portion of the ballot and designated by borders or
unique color screens, unless otherwise provided by
administrative rule of the State Board of Elections. More than
one public question may be placed on the same portion of the
ballot. More than one proposition for retention of judges in
office may be placed on the same portion of the ballot.
The party affiliation, if any, of each candidate or the
word "independent", where applicable, shall appear near or under
the candidate's name, and the names of candidates for the same
office shall be listed vertically under the title of that
office. 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 nonpartisan candidates shall not
include any party or "independent" designation. 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 shall print "No Candidate". In primary
elections, a separate ballot shall be used for each political
party holding a primary, with the ballot arranged to include
names of the candidates of the party and public questions and
other propositions to be voted upon on the day of the primary
election.
If the ballot includes both candidates for office and
public questions or propositions to be voted on, the election
official in charge of the election shall divide the ballot in
sections for "Candidates" and "Public Questions", or separate
ballots may be used.
Any voter who spoils his or her ballot, makes an error, or
has a ballot rejected by the automatic tabulating equipment
shall be provided a means of correcting the ballot or obtaining
a new ballot prior to casting his or her ballot.
Any election authority using a Direct Recording Electronic
Voting System may use voting systems approved for use under
Articles 24A or 24B of this Code in conducting vote by mail or early voting.
(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/24C-6.1
(10 ILCS 5/24C-6.1)
Sec. 24C-6.1.
Security Designation.
In all elections
conducted under this Article, ballots shall have a security
designation. In precincts where more than one ballot
configuration may be voted upon, ballots shall have a different
security designation for each ballot configuration. If a
precinct has only one possible ballot configuration, the ballots
must have a security designation to identify the precinct and
the election. Where ballots from more than one precinct are
being tabulated, the ballots from each precinct must be clearly
identified; official results shall not be generated unless the
precinct identification for any precinct corresponds. When the
tabulating equipment being used requires entering the program
immediately before tabulating the ballots for each precinct, the
precinct program may be used.
The Direct Recording Electronic Voting System shall be designed
to ensure that the proper ballot is selected for each polling
place and for each ballot configuration and that the format can
be matched to the software or firmware required to interpret it
correctly. The system shall provide a means of programming each
piece of equipment to reflect the ballot requirements of the
election and shall include a means for validating the
correctness of the program and of the program's installation in
the equipment or in a programmable memory device.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-6.2 (10 ILCS 5/24C-6.2) Sec. 24C-6.2. Programming of automatic tabulating equipment. Beginning with the 2014 general election and all primary, consolidated, general, and special elections thereafter, automatic tabulating equipment authorized by this Section and programmed for a primary, consolidated, general, or special election conducted pursuant to general election law shall be programmed using the unique race and candidate ID numbers assigned by the State Board of Elections. The unique race and candidate ID numbers will be provided to the county clerk or election authority, as the case may be, with the candidate certification prepared by the State Board of Elections. In addition, any new voting system approved by the State after the 2014 general election shall have the capability to export the election results by ballot style and group them by precinct in an electronic format prescribed by the State Board of Elections.
(Source: P.A. 98-115, eff. 7-29-13.) |
10 ILCS 5/24C-7
(10 ILCS 5/24C-7)
Sec. 24C-7. Write-In Ballots. A Direct Recording
Electronic Voting System shall provide an acceptable method for
a voter to vote for a person whose name does not appear on the
ballot using the same apparatus used to record votes for
candidates whose names do appear on the ballot. Election
authorities utilizing Direct Recording Electronic Voting Systems
shall not use separate write-in ballots.
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 space or spaces in which the name of a candidate or
candidates may be written in or recorded by the voter shall appear below the name of the last candidate nominated for such office. 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 Section 17-16.1 or 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.
(Source: P.A. 95-862, eff. 8-19-08.)
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10 ILCS 5/24C-8
(10 ILCS 5/24C-8)
Sec. 24C-8.
Preparation for Use; Comparison of Ballots;
Operational Checks of Direct Recording Electronic Voting Systems
Equipment; Pollwatchers. The county clerk or board of election
commissioners shall cause the approved Direct Recording
Electronic Voting System equipment to be delivered to the
polling places. Before the opening of the polls, all Direct
Recording Voting System devices shall provide a printed record
of the following, upon verification of the authenticity of the
commands by a judge of election: the election's identification
data, the equipment's unit identification, the ballot's format
identification, the contents of each active candidate register
by office and of each active public question register showing
that they contain all zeros, all ballot fields that can be used
to invoke special voting options, and other information needed
to ensure the readiness of the equipment, and to accommodate
administrative reporting requirements.
The Direct Recording Electronic Voting System shall provide
a means of opening the polling place and readying the equipment
for the casting of ballots. Such means shall incorporate a
security seal, a password, or a data code recognition capability
to prevent inadvertent or unauthorized actuation of the poll-opening function.
If more than one step is required, it shall
enforce their execution in the proper sequence.
Pollwatchers as provided by law shall be permitted to
closely observe the judges in these procedures and to
periodically inspect the Direct Recording Electronic Voting
System equipment when not in use by the voters.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-9
(10 ILCS 5/24C-9)
Sec. 24C-9. Testing of Direct Recording Electronic Voting
System Equipment and Programs; Custody of Programs, Test
Materials and Ballots. Prior to the public test, the election
authority shall conduct an errorless pre-test of the Direct
Recording Electronic Voting System equipment and programs to
determine that they will correctly detect voting defects and
count the votes cast for all offices and all public questions.
On any day not less than 5 days prior to the election day, the
election authority shall publicly test the Direct Recording
Electronic Voting System equipment and programs to determine
that they will correctly detect voting errors and accurately
count the votes legally cast for all offices and on all public
questions. Public notice of the time and place of the test
shall be given at least 48 hours before the test by publishing
the notice in one or more newspapers within the election
jurisdiction of the election authority, if a newspaper is
published in that jurisdiction. If a newspaper is not published
in that jurisdiction, notice shall be published in a newspaper
of general circulation in that jurisdiction. Timely written
notice stating the date, time, and location of the public test
shall also be provided to the State Board of Elections. The
test shall be open to representatives of the political parties,
the press, representatives of the State Board of Elections, and
the public. The test shall be conducted by entering a pre-
audited group of votes designed 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 having
votes exceeding the number allowed by law to test the ability of
the automatic tabulating equipment to reject the votes. The
test shall also include producing an edit listing. In those
election jurisdictions where in-precinct counting equipment is
used, a public test of both the equipment and program shall be
conducted as nearly as possible in the manner prescribed above.
The State Board of Elections may select as many election
jurisdictions as the Board deems advisable in the interests of
the election process of this State, to order a special test of
the automatic tabulating equipment and program before any
regular election. The Board may order a special test in any
election jurisdiction where, during the preceding 12 months,
computer programming errors or other errors in the use of System
resulted in vote tabulation errors. Not less than 30 days
before any election, the State Board of Elections shall provide
written notice to those selected jurisdictions of their intent
to conduct a test. Within 5 days of receipt of the State Board
of Elections' written notice of intent to conduct a test, the
selected jurisdictions shall forward to the principal office of
the State Board of Elections a copy of all specimen ballots.
The State Board of Elections' tests shall be conducted and
completed not less than 2 days before the public test and under the
supervision of the Board. The vendor, person, or other private entity shall be solely responsible for the production and cost of: all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software. After an errorless test,
materials used in the public test, including the program, if
appropriate, shall be sealed and remain sealed until the test is
run again on election day. If any error is detected, the cause
of the error shall be determined and corrected, and an errorless
public test shall be made before the automatic tabulating
equipment is approved. Each election authority shall file a
sealed copy of each tested program to be used within its
jurisdiction at an election with the State Board of Elections
before the election. The Board shall secure the program or
programs of each election jurisdiction so filed in its office
until the next election of the same type (general primary, general election, consolidated primary, or consolidated election) for which the program or programs were filed. At the expiration of that time, if no
election contest or appeal is pending in an election
jurisdiction, the Board shall destroy the sealed program or
programs. Except
where in-precinct counting equipment is used, the test shall be
repeated immediately before the start of the official counting
of the ballots, in the same manner as set forth above. After
the completion of the count, the test shall be re-run using the
same program. Immediately after the re-run, all material used
in testing the program and the programs shall be sealed and
retained under the custody of the election authority for a
period of 60 days. At the expiration of that time the election
authority shall destroy the voted ballots, together with all
unused ballots returned from the precincts. Provided, if any
contest of election is pending at the time in which the ballots
may be required as evidence and the election authority has
notice of the contest, the same shall not be destroyed until
after the contest is finally determined. If the use of back-up
equipment becomes necessary, the same testing required for the
original equipment shall be conducted.
(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
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