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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 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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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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10 ILCS 5/24C-10
(10 ILCS 5/24C-10)
Sec. 24C-10.
Recording of votes by Direct Recording
Electronic Voting Systems.
Whenever a Direct Recording Electronic Voting System is
used to automatically record and count the votes on ballots, the
provisions of this Section shall apply. A voter shall cast a
proper vote on a ballot by marking the designated area for the
casting of a vote for any party or candidate or for or against
any public question. For this purpose, a mark is an intentional
selection of the designated area on the ballot by appropriate
means and which is not otherwise an identifying mark.
(Source: P.A. 93-574, eff. 8-21-03.)
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