Illinois Compiled Statutes
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ELECTIONS10 ILCS 5/24B-15
(10 ILCS 5/) Election Code.
(10 ILCS 5/24B-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
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 chairman 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
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
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 chairman 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. 97-81, eff. 7-5-11.)
10 ILCS 5/24B-15.01
(10 ILCS 5/24B-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.)
10 ILCS 5/24B-15.1
(10 ILCS 5/24B-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
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
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/24B-16
(10 ILCS 5/24B-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;
(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;
(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;
(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;
(e-5) It will identify when a voter has not voted for
all statewide constitutional offices; and
(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.
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.)
10 ILCS 5/24B-17
(10 ILCS 5/24B-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.)
10 ILCS 5/24B-18
(10 ILCS 5/24B-18)
Specimen Ballots; Publication.
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.)
10 ILCS 5/24B-19
(10 ILCS 5/24B-19)
Additional Method of Voting.
Sections of this Article shall be deemed to provide a method of
voting in addition to the methods otherwise provided in this
(Source: P.A. 89-394, eff. 1-1-97.)
10 ILCS 5/24B-20
(10 ILCS 5/24B-20)
Voting Defect Identification
An election authority is
required to use the Voting Defect Identification capabilities of
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.)
10 ILCS 5/Art. 24C
(10 ILCS 5/Art. 24C heading)
DIRECT RECORDING ELECTRONIC VOTING SYSTEMS
10 ILCS 5/24C-1
(10 ILCS 5/24C-1)
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
10 ILCS 5/24C-2
(10 ILCS 5/24C-2)
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
"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 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
"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
"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
"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.)
10 ILCS 5/24C-3
(10 ILCS 5/24C-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
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
(Source: P.A. 93-574, eff. 8-21-03.)