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90_SB0471
10 ILCS 5/1-7
10 ILCS 5/16-4.1 from Ch. 46, par. 16-4.1
10 ILCS 5/17-11 from Ch. 46, par. 17-11
10 ILCS 5/17-19.3 new
10 ILCS 5/17-21 from Ch. 46, par. 17-21
10 ILCS 5/18-9 from Ch. 46, par. 18-9
10 ILCS 5/22-15.1 from Ch. 46, par. 22-15.1
10 ILCS 5/24-1 from Ch. 46, par. 24-1
10 ILCS 5/24A-5.1 from Ch. 46, par. 24A-5.1
10 ILCS 5/24A-6 from Ch. 46, par. 24A-6
10 ILCS 5/24A-15 from Ch. 46, par. 24A-15
10 ILCS 5/24A-16 from Ch. 46, par. 24A-16
10 ILCS 5/24B-5.1
10 ILCS 5/24B-6
10 ILCS 5/24B-15
10 ILCS 5/24B-16
Amends the Election Code to allow straight party voting
except in counties with a population of 700,000 or more but
less than 2,000,000. Effective immediately.
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1 AN ACT to amend the Election Code by changing Sections
2 1-7, 16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1, 24A-1,
3 24A-5.1, 24A-6, 24A-15, 24A-16, 24B-5.1, 24B-6, 24B-15 and
4 24B-16, and adding Section 17-19.3.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Election Code is amended by changing
8 Sections 1-7, 16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1,
9 24A-5.1, 24A-6, 24A-15, 24A-16, 24B-5.1, 24B-6, 24B-15, and
10 24B-16 and adding Section 17-19.3 as follows:
11 (10 ILCS 5/1-7)
12 Sec. 1-7. No Straight party voting. Notwithstanding
13 any provision of law to the contrary, straight party voting
14 by a single vote is not permitted in counties with a
15 population of 700,000 or more but less than 2,000,000
16 Illinois. Any references in this Code to straight voting and
17 split voting do not apply in counties with a population of
18 700,000 or more but less than 2,000,000.
19 (Source: P.A. 89-700, eff. 1-17-97.)
20 (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
21 Sec. 16-4.1. Ballots - Form - Nonpartisan and
22 Consolidated Elections. This Section shall apply only to the
23 nonpartisan election, the consolidated primary election, and
24 the consolidated election, except as otherwise expressly
25 provided herein.
26 The ballot for the nomination or election of officers of
27 each political subdivision shall be considered a separate
28 ballot, and candidates for such offices shall be grouped
29 together. Where paper ballots are used, the names of
30 candidates for nomination or election to more than one
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1 political subdivision may be contained on a common ballot,
2 provided that such ballot clearly indicates and separates
3 each political subdivision from which such officers are to be
4 nominated or elected. In the case of partisan elections of
5 officers, a separate party circle shall be included at the
6 head of the portion of the ballot for each political
7 subdivision for which candidates of political parties have
8 been nominated. When an electronic voting system is used
9 which utilizes a ballot label booklet, the party circles for
10 straight party voting shall be on the same ballot page on
11 which are listed the candidates for the political subdivision
12 election for which that party circle applies.
13 At the nonpartisan election, the ballot for school
14 district offices shall precede the ballot for community
15 college district offices, and thereafter the ballot order of
16 the political subdivision officers to be elected shall be as
17 determined by the election authority. In the case of school
18 districts other than community consolidated school districts,
19 the ballot for non-high school district offices shall precede
20 the ballot for high school district offices.
21 At the consolidated primary and at the consolidated
22 election, the ballot for nomination or election of municipal
23 officers shall precede the ballot for township officers. At
24 the consolidated election, following the ballot for municipal
25 and township offices shall be the ballots for park district
26 and library district offices, following which shall be the
27 ballots for other political subdivision offices in the order
28 determined by the election authority.
29 The election authority, in determining the order of
30 ballot placement for offices of political subdivisions whose
31 ballot placement is not specified in this Section, shall give
32 due regard to the clarity of the ballot presentation to the
33 voters, cost and administrative ease, and the requirement to
34 provide separate ballot formats within precincts in which the
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1 electors are not entitled to vote for the same offices or
2 propositions. At the request of a political subdivision
3 which extends into more than one election jurisdiction, the
4 election authority shall endeavor to coordinate placement and
5 color of the ballot for such subdivision with the other
6 election authorities responsible for preparing ballots for
7 such subdivision election. The election authority may
8 conduct a lottery to determine the order of ballot placement
9 of political subdivision ballots where such order is not
10 specified in this Section. Such lottery may be conducted
11 jointly by two or more election authorities.
12 (Source: P.A. 89-700, eff. 1-17-97.)
13 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
14 Sec. 17-11. On receipt of his ballot the voter shall
15 forthwith, and without leaving the inclosed space, retire
16 alone to one of the voting booths so provided and shall
17 prepare his ballot by making in the appropriate margin or
18 place a cross (X) opposite the name of the candidate of his
19 choice for each office to be filled, or by writing in the
20 name of the candidate of his choice in a blank space on said
21 ticket, making a cross (X) opposite thereto; and in case of a
22 question submitted to the vote of the people, by making in
23 the appropriate margin or place a cross (X) against the
24 answer he desires to give. A cross (X) in the square in front
25 of the bracket enclosing the names of a team of candidates
26 for Governor and Lieutenant Governor counts as one vote for
27 each of such candidates. If the voter desires to vote for all
28 of the candidates of one political party or group of
29 petitioners, he may place the mark at the appropriate place
30 preceding the appellation or title under which the names of
31 the candidates of the party or group of petitioners are
32 printed, and the ballot so marked shall be counted as cast
33 for all of the candidates named under that title. Provided,
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1 further, that the voter may place the mark at the appropriate
2 place preceding the appellation or title of one party or
3 group of petitioners and may also mark, at the appropriate
4 place preceding the name or names of one or more candidates
5 printed under the appellation or title of some other party or
6 group of petitioners, and a ballot so marked shall be counted
7 as cost for all the candidates named under the appellation or
8 title which has been so marked, except as to the officers as
9 to which he has placed a mark preceding the name or names of
10 some other candidate or candidates printed under the title of
11 some other party or group of petitioners, and as to such it
12 shall be counted as cast for the candidate or candidates
13 preceding whose name or names the mark may have been placed.
14 Before leaving the voting booth the voter shall fold his
15 ballot in such manner as to conceal the marks thereon. He
16 shall then vote forthwith in the manner herein provided,
17 except that the number corresponding to the number of the
18 voter on the poll books shall not be indorsed on the back of
19 his ballot. He shall mark and deliver his ballot without
20 undue delay, and shall quit said inclosed space as soon as he
21 has voted. No voter shall be allowed to occupy a voting booth
22 already occupied by another, nor remain within said inclosed
23 space more than ten minutes, nor to occupy a voting booth
24 more than five minutes in case all of said voting booths are
25 in use and other voters waiting to occupy the same. No voter
26 not an election officer, shall, after having voted, be
27 allowed to re-enter said inclosed space during said election.
28 No person shall take or remove any ballot from the polling
29 place before the close of the poll. No voter shall vote or
30 offer to vote any ballot except such as he has received from
31 the judges of election in charge of the ballots. Any voter
32 who shall, by accident or mistake, spoil his ballot, may, on
33 returning said spoiled ballot, receive another in place
34 thereof only after the word "spoiled" has been written in ink
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1 diagonally across the entire face of the ballot returned by
2 the voter.
3 Where voting machines or electronic voting systems are
4 used, the provisions of this section may be modified as
5 required or authorized by Article 24 or Article 24A,
6 whichever is applicable.
7 (Source: P.A. 89-700, eff. 1-17-97.)
8 (10 ILCS 5/17-19.3 new)
9 Sec. 17-19.3. At all general and special elections held
10 in this State, where the law shall provide that the judges
11 shall tally the votes received by candidates at such election
12 it shall not be necessary for the judges of the election to
13 mark upon the tally sheets kept by them, separate marks or
14 tallies for each vote received by the candidates upon the
15 ballots containing the same names, commonly known and in this
16 Act designated as "straight tickets". But when the judges
17 shall have counted and announced to the judges keeping the
18 tally, as near as may be as now or hereafter provided by law,
19 the number of votes received by each set of candidates upon
20 the "straight tickets", the tally judges shall set the number
21 of votes down, in figures opposite or directly below the
22 names of the respective candidates, in a column or line
23 provided for that purpose upon the tally sheets: which column
24 or line shall read "number of straight votes". The same
25 column shall be used for the candidates for Governor and
26 Lieutenant Governor running on the same ticket. The judges
27 shall then proceed to count and announce the votes received
28 by each candidate upon all ballots other than "straight
29 tickets", including all ballots known as "split tickets", and
30 all ballots known as "scratched tickets", and the tally
31 judges shall proceed to tally the same upon the tally sheets,
32 and to compare and announce the result therof; which
33 counting, announcing, and tallying shall be conducted as
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1 herein otherwise provided. The tally judges shall set down,
2 in figures, the number of votes received by each candidate on
3 ballots other than "straight tickets", as so ascertained and
4 announced, in an adjoining column or line provided for that
5 purpose upon the tally sheets, immediately opposite or below
6 the name of each candidate which line shall read "Number of
7 other votes". The judges keeping the tally shall then
8 proceed to add together the number of votes received by each
9 candidate, as shown in the column or line containing the
10 straight votes and the number as shown in the column or line
11 containing the votes other than straight votes; which result
12 will show the total number of votes received by each
13 candidate; and after comparing their results and finding that
14 the same agree and are correct, they shall set down the same,
15 in figures, in an adjoining column or line provided upon the
16 tally sheets for that purpose, which shall be directly
17 opposite or below the line for recording the votes on split
18 and scratched ballots and shall read "candidates total vote".
19 Whereupon one of the tally judges shall announce in a loud
20 voice to the other judges the total number of votes received
21 by and counted for each candidate.
22 Nothing in this Section contained shall be construed to
23 authorize or permit the canvassing, counting, or tallying
24 ballots with any less degree of strictness than otherwise
25 required by law; the intention of this Section being to
26 dispense with the individual tally marks only so far as the
27 so-called "straight tickets" are concerned; and all other
28 operating of tallying, counting and canvassing, and
29 announcing the votes shall proceed as near as may be in
30 accordance with the other provisions of this Act. Tally
31 sheets and certificates may be prepared in book form or in
32 accordion folds.
33 This Section shall apply to all elections for members of
34 the General Assembly except as specified in Section 17-19.1.
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1 (Source: P.A. 77-1762. Repealed by P.A. 89-700, eff.
2 1-17-97.)
3 (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
4 Sec. 17-21. When the votes shall have been examined and
5 counted, the judges shall set down on a sheet or return form
6 to be supplied to them, the name of every person voted for,
7 written or printed at full length, the office for which such
8 person received such votes, and the number he did receive and
9 such additional information as is necessary to complete, as
10 nearly as circumstances will admit, the following form,
11 to-wit:
12 TALLY SHEET AND CERTIFICATE OF
13 RESULTS
14 We do hereby certify that at the .... election held in
15 the precinct hereinafter (general or special) specified on
16 the .... day of ...., in the year of our Lord, one thousand
17 nine hundred and ...., a total of .... voters requested and
18 received ballots and we do further certify:
19 Number of blank ballots delivered to us ....
20 Number of absentee ballots delivered to us ....
21 Total number of ballots delivered to us ....
22 Number of blank and spoiled ballots returned.
23 (1) Total number of ballots cast (in box)....
24 .... Straight Republican ballots cast
25 .... Straight Democratic ballots cast
26 .... Straight ballots of other parties cast
27 .... Split ballots cast
28 .... Defective and Objected To ballots sealed in
29 envelope
30 (2) .... Total number of ballots cast (in box)
31 Line (2) equals line (1)
32 We further certify that each of the candidates for
33 representative in the General Assembly received the number of
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1 votes ascribed to him on the separate tally sheet.
2 We further certify that each candidate received the
3 number of votes set forth opposite his name or in the box
4 containing his name on the tally sheet contained in the page
5 or pages immediately following our signatures.
6 The undersigned actually served as judges and counted the
7 ballots at the election on the .... day of .... in the ....
8 precinct of the (1) *township of ...., or (2) *City of ....,
9 or (3) *.... ward in the city of .... and the polls were
10 opened at 6:00 A.M. and closed at 7:00 P.M. Certified by us.
11 *Fill in either (1), (2) or (3)
12 A B, ....(Address)
13 C D, ....(Address)
14 E F, ....(Address)
15 G H, ....(Address)
16 I J, ....(Address)
17 Each tally sheet shall be in substantially one of the
18 following forms:
19 -------------------------------------------------------------
20 Number Number
21 of of Candidate's
22 Name of Candidates Straight Split Total
23 office Names Votes Votes Vote 5 10 15 20
24 -------------------------------------------------------------
25 United John Smith 60 17 77 11
26 States
27 Senator
28 -------------------------------------------------------------
29 -------------------------------------------------------------
30 Names of candidates
31 Name of and total vote
32 office for each 5 10 15 20
33 -------------------------------------------------------------
34 For United John Smith
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1 States No. of straight votes .....
2 Senator No. of other votes .....
3 Total Vote..................
4 -------------------------------------------------------------
5 (Source: P.A. 89-700, eff. 1-17-97.)
6 (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
7 Sec. 18-9. The judges of election shall first count the
8 whole number of ballots in the box. If the ballots shall be
9 found to exceed the number of applications for ballot, they
10 shall reject the ballots, if any, found folded inside of a
11 ballot. And if the ballots and the applications for ballot
12 still do not agree after such rejection, the ballots shall
13 be replaced in the box and the box closed and well shaken,
14 and again opened; and one of the judges shall publicly draw
15 out so many ballots unopened as shall be equal to such
16 excess. Such excess ballots shall be marked "Excess-Not
17 Counted" and signed by a majority of judges and shall be
18 placed in the "After 6:00 p.m. Defective Ballots Envelope".
19 The number of excess ballots shall be noted in the remarks
20 section of the Certificate of Results. "Excess" ballots
21 shall not be counted in the total of "defective" ballots.
22 And the ballots and applications for ballot being made to
23 agree in this way, the judges shall proceed to count the
24 votes in the following manner: The judges shall open the
25 ballots and place those which contain the same names
26 together, so that the several kinds shall be in separate
27 piles or on separate files. Each of the judges shall examine
28 the separate files which are, or are supposed to be, alike,
29 and exclude from such files any which may have a name or an
30 erasure, or in any manner shall be different from the others
31 of such file. One of the judges shall then take one file of
32 the kind of ballots which contain the same names, and count
33 them by tens, carefully examining each name on each of the
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1 ballots. Such judge shall then pass the ten ballots aforesaid
2 to the judge sitting next to him, who shall count them in the
3 same manner, who shall then pass them to a third judge, who
4 shall also count them in the same manner. Then the third
5 judge shall call the names of the persons named in the ten
6 ballots, and the offices for which they are designated, and 2
7 of the judges, who did not assist in the counting shall tally
8 ten votes for each of such persons, except as herein
9 otherwise provided. When the judges shall have gone through
10 such file of ballots, containing the same names, and shall
11 count them by tens in the same way, and shall call the names
12 of the persons named in the ballots and the office for which
13 they are designated, the tally judges shall tally the votes
14 by tens for each of such persons in the same manner as in the
15 first instance. When the counting of each file of ballots
16 which contain the same names shall be completed, the tally
17 judges shall compare their tallies together and ascertain the
18 total number of ballots of that kind so canvassed; and when
19 they agree upon the number, one of them shall announce it in
20 a loud voice to the other judges. The judges shall then
21 canvass the other kinds of ballots which do not correspond,
22 those containing names partly from one kind of ballots and
23 partly from another, being those from which the name of the
24 person proper to be voted for on such ballots has been
25 omitted or erased, usually called "scratched tickets". They
26 shall be canvassed separately by one of the judges sitting
27 between 2 other judges, which judge shall call each name to
28 the tally judges and the office for which it is designated,
29 and the other judges looking at the ballot at the same time,
30 and the tally judges making tally of the same. When all the
31 ballots have been canvassed in this manner, the tally judges
32 shall compare their tallies together, and ascertain the total
33 number of votes received by each candidate and when they
34 agree upon the numbers one of them shall announce in a loud
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1 voice to the judges the number of votes received by each
2 candidate on each of the kinds of ballots containing his
3 name, the number received by him on the split and scratch
4 tickets, and the total number of votes received by him. The
5 provisions of Section 17-19.3 of Article 17 shall apply to
6 the tallying of votes on straight tickets.
7 The votes for the offices of Governor and Lieutenant
8 Governor shall be counted and tallied jointly.
9 Where voting machines or electronic voting systems are
10 used, the provisions of this section may be modified as
11 required or authorized by Article 24 or Article 24A,
12 whichever is applicable.
13 (Source: P.A. 89-700, eff. 1-17-97.)
14 (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
15 Sec. 22-15.1. (a) Within 60 days following the canvass
16 of the general election within each election jurisdiction,
17 the election authority shall prepare, in typewritten or
18 legible computer-generated form, a report of the abstracts of
19 votes by precinct for all offices and questions of public
20 policy in connection with which votes were cast within the
21 election jurisdiction at the general election. The report
22 shall include the total number of ballots cast within each
23 precinct, and the total number of registered voters within
24 each precinct and, in those election jurisdictions in which
25 electronic voting systems are used, the total number of
26 straight party ballots cast at the general election. The
27 election authority shall provide a copy of the report to the
28 chairman of the county central committee of each established
29 political party in the county within which the election
30 jurisdiction is contained, and shall make a reasonable number
31 of copies of the report available for distribution to the
32 public.
33 (b) Within 60 days after the effective date of this
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1 amendatory Act of 1985, each election authority shall
2 prepare, in typewritten or legible computer-generated form, a
3 report of the type required by subsection (a) concerning the
4 general election of 1984. The election authority shall
5 provide a copy of the report to the chairman of the county
6 central committee of each established political party in the
7 county in which the election jurisdiction is contained, and
8 shall make a reasonable number of copies of the report
9 available for distribution to the public.
10 (c) An election authority may charge a fee to reimburse
11 the actual cost of duplicating each copy of a report provided
12 pursuant to subsection (a) or (b).
13 (Source: P.A. 89-700, eff. 1-17-97.)
14 (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
15 Sec. 24-1. The election authority in all jurisdictions
16 when voting machines are used shall, except as otherwise
17 provided in this Code, provide a voting machine or voting
18 machines for any or all of the election precincts or election
19 districts, as the case may be, for which the election
20 authority is by law charged with the duty of conducting an
21 election or elections. A voting machine or machines
22 sufficient in number to provide a machine for each 400 voters
23 or fraction thereof shall be supplied for use at all
24 elections. However, no such voting machine shall be used,
25 purchased, or adopted until the board of voting machine
26 commissioners hereinafter provided for, or a majority
27 thereof, shall have made and filed a report certifying that
28 they have examined such machine; that it affords each elector
29 an opportunity to vote in absolute secrecy; that it enables
30 each elector to vote a straight party tickets, that it
31 enables each elector to vote a ticket selected in part from
32 the nominees of one party, and in part from the nominees of
33 any or all other parties, and in part from independent
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1 nominees printed in the columns of candidates for public
2 office, and in part of persons not in nomination by any party
3 or upon any independent ticket; that it enables each elector
4 to vote a written or printed ballot of his own selection, for
5 any person for any office for whom he may desire to vote;
6 that it enables each elector to vote for all candidates for
7 whom he is entitled to vote, and prevents him from voting for
8 any candidate for any office more than once, unless he is
9 lawfully entitled to cast more than one vote for one
10 candidate, and in that event permits him to cast only as many
11 votes for that candidate as he is by law entitled, and no
12 more; that it prevents the elector from voting for more than
13 one person for the same office, unless he is lawfully
14 entitled to vote for more than one person therefor, and in
15 that event permits him to vote for as many persons for that
16 office as he is by law entitled, and no more; and that such
17 machine will register correctly by means of exact counters
18 every vote cast for the regular tickets thereon; and has the
19 capacity to contain the tickets of at least 5 political
20 parties with the names of all the candidates thereon,
21 together with all propositions in the form provided by law,
22 where such form is prescribed, and where no such provision is
23 made for the form thereof, then in brief form, not to exceed
24 75 words; that all votes cast on the machine on a regular
25 ballot or ballots shall be registered; that voters may, by
26 means of irregular ballots or otherwise vote for any person
27 for any office, although such person may not have been
28 nominated by any party and his name may not appear on such
29 machine; that when a vote is cast for any person for any such
30 office, when his name does not appear on the machine, the
31 elector cannot vote for any other name on the machine for the
32 same office; that each elector can, understandingly and
33 within the period of 4 minutes cast his vote for all
34 candidates of his choice; that the machine is so constructed
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1 that the candidates for presidential electors of any party
2 can be voted for only by voting for the ballot label
3 containing a bracket within which are the names of the
4 candidates for President and Vice-President of the party or
5 group; that the machine is provided with a lock or locks by
6 the use of which any movement of the voting or registering
7 mechanism is absolutely prevented so that it cannot be
8 tampered with or manipulated for any purpose; that the
9 machine is susceptible of being closed during the progress of
10 the voting so that no person can see or know the number of
11 votes registered for any candidate; that each elector is
12 permitted to vote for or against any question, proposition or
13 amendment upon which he is entitled to vote, and is prevented
14 from voting for or against any question, proposition or
15 amendment upon which he is not entitled to vote; that the
16 machine is capable of adjustment by the election authority,
17 so as to permit the elector, at a party primary election, to
18 vote only for the candidates seeking nomination by the
19 political party in which primary he is entitled to vote:
20 Provided, also that no such machine or machines shall be
21 purchased, unless the party or parties making the sale shall
22 guarantee in writing to keep the machine or machines in good
23 working order for 5 years without additional cost and shall
24 give a sufficient bond conditioned to that effect.
25 (Source: P.A. 89-700, eff. 1-17-97.)
26 (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
27 Sec. 24A-5.1. For the instruction of voters on election
28 day, the election official in charge of the election shall
29 provide at each polling place one instruction-model
30 electronic voting system marking device. Each such
31 instruction-model shall show the arrangement of party rows,
32 office columns and questions. Such model shall be located at
33 a place which voters must pass to reach the official marking
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1 device used in the actual casting of votes.
2 Before entering the voting booth each voter shall be
3 offered instruction in the operation of the marking device by
4 use of the instruction-model and the voter shall be given
5 ample opportunity to operate the model by himself. In
6 instructing voters, no precinct official may show partiality
7 to any political party , and when instructing a voter on how
8 to vote a straight ticket for one political party the
9 precinct official shall at the same time instruct the voter
10 how to vote a straight ticket for any other political party
11 that appears on the ballot label. The duties of instruction
12 shall be discharged by a judge from each of the political
13 parties represented and they shall alternate serving as
14 instructor so that each judge shall serve a like time at such
15 duties. No instructions may be given after the voter has
16 entered the voting booth.
17 No precinct official, or person assisting a voter may in
18 any manner request, suggest, or seek to persuade or induce
19 any voter to cast his vote for any particular ticket,
20 candidate, amendment, question or proposition. All
21 instructions shall be given by precinct officials in such a
22 manner that it may be observed by other persons in the
23 polling place.
24 (Source: P.A. 89-700, eff. 1-17-97.)
25 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
26 Sec. 24A-6. The ballot information, whether placed on the
27 ballot or on the marking device, shall, as far as
28 practicable, be in the order of arrangement provided for
29 paper ballots, except that such information may be in
30 vertical or horizontal rows, or in a number of separate
31 pages. Ballots for all questions or propositions to be voted
32 on must be provided in the same manner and must be arranged
33 on or in the marking device or on the ballot sheet in the
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1 places provided for such purposes.
2 When an electronic voting system utilizes a ballot label
3 booklet and ballot card, ballots for candidates, ballots
4 calling for a constitutional convention, constitutional
5 amendment ballots, judicial retention ballots, public
6 measures, and all propositions to be voted upon may be placed
7 on the electronic voting device by providing in the ballot
8 booklet separate ballot label pages or series of pages
9 distinguished by differing colors as provided below. When an
10 electronic voting system utilizes a ballot sheet, ballots
11 calling for a constitutional convention, constitutional
12 amendment ballots and judicial retention ballots shall be
13 placed on the ballot sheet by providing a separate portion of
14 the ballot sheet for each such kind of ballot which shall be
15 printed in ink of a color distinct from the color of ink used
16 in printing any other portion of the ballot sheet. Ballots
17 for candidates, public measures and all other propositions to
18 be voted upon shall be placed on the ballot sheet by
19 providing a separate portion of the ballot sheet for each
20 such kind of ballot. Below the name of the last candidate
21 listed for an office shall be printed a line on which the
22 name of a candidate may be written by the voter, and
23 immediately to the left of such line an area shall be
24 provided for marking a vote for such write-in candidate.
25 More than one amendment to the constitution may be placed on
26 the same ballot page or series of pages or on the same
27 portion of the ballot sheet, as the case may be. Ballot
28 label pages for constitutional conventions or constitutional
29 amendments shall be on paper of blue color and shall precede
30 all other ballot label pages in the ballot label booklet.
31 More than one public measure or proposition may be placed on
32 the same ballot label page or series of pages or on the same
33 portion of the ballot sheet, as the case may be. More than
34 one proposition for retention of judges in office may be
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1 placed on the same ballot label page or series of pages or on
2 the same portion of the ballot sheet, as the case may be.
3 Ballot label pages for candidates shall be on paper of white
4 color, except that in primary elections the ballot label page
5 or pages for the candidates of each respective political
6 party shall be of the color designated by the election
7 official in charge of the election for that political party's
8 candidates; provided that the ballot label pages or pages for
9 candidates for use at the nonpartisan and consolidated
10 elections may be on paper of different colors, except blue,
11 whenever necessary or desirable to facilitate distinguishing
12 between the pages for different political subdivisions.
13 Except as provided in Section 16-4.1, in elections where
14 provision is made for straight party voting by marking a
15 party circle, the designation of the political parties for
16 straight party voting shall be on a separate page on which no
17 names of candidates shall appear, except no straight party
18 circle shall be necessary for any special election not
19 conducted on a regularly scheduled election day and called
20 for the purpose of filling a vacancy in the office of
21 representative in the United States Congress. However, the
22 page shall be of the same color as the pages containing the
23 names of candidates for office. On each succeeding page of
24 the candidate booklet, where the election is made to list
25 ballot information vertically, the party affiliation of each
26 candidate or the word "independent" shall appear immediately
27 to the left of the candidate's name, and the name of
28 candidates for the same office shall be listed vertically
29 under the title of that office. In the case of nonpartisan
30 elections for officers of political subdivisions, unless the
31 statute or an ordinance adopted pursuant to Article VII of
32 the Constitution requires otherwise, the listing of such
33 nonpartisan candidates shall not include any party or
34 "independent" designation. Ballot label pages for judicial
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1 retention ballots shall be on paper of green color, and
2 ballot label pages for all public measures and other
3 propositions shall be on paper of some other distinct and
4 different color. In primary elections, a separate ballot
5 label booklet, marking device and voting booth shall be used
6 for each political party holding a primary, with the ballot
7 label booklet arranged to include ballot label pages of the
8 candidates of the party and public measures and other
9 propositions to be voted upon on the day of the primary
10 election. One ballot card may be used for recording the
11 voter's vote or choice on all such ballots, proposals, public
12 measures or propositions, and such ballot card shall be
13 arranged so as to record the voter's vote or choice in a
14 separate column or columns for each such kind of ballot,
15 proposal, public measure or proposition.
16 If the ballot label booklet includes both candidates for
17 office and public measures or propositions to be voted on,
18 the election official in charge of the election shall divide
19 the pages by protruding tabs identifying the division of the
20 pages, and printing on such tabs "Candidates" and
21 "Propositions".
22 The ballot card and all of its columns and the ballot
23 card envelope shall be of the color prescribed for
24 candidate's ballots at the general or primary election,
25 whichever is being held. At an election where no candidates
26 are being nominated or elected, the ballot card, its columns,
27 and the ballot card envelope shall be of a color designated
28 by the election official in charge of the election.
29 The ballot cards, ballot card envelopes and ballot sheets
30 may, at the discretion of the election authority, be printed
31 on white paper and then striped with the appropriate colors.
32 When ballot sheets are used, the various portions thereof
33 shall be arranged to conform to the foregoing format.
34 Absentee ballots may consist of ballot cards, envelopes,
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1 paper ballots or ballot sheets voted in person in the office
2 of the election official in charge of the election or voted
3 by mail. Where a ballot card is used for voting by mail it
4 must be accompanied by a punching tool or other appropriate
5 marking device, voter instructions and a specimen ballot
6 showing the proper positions to vote on the ballot card or
7 ballot sheet for each party, candidate, proposal, public
8 measure or proposition, and in the case of a ballot card must
9 be mounted on a suitable material to receive the punched out
10 chip.
11 Any voter who spoils his ballot or makes an error may
12 return the ballot to the judges of election and secure
13 another. However, the protruding identifying tab for
14 proposals for a constitutional convention or constitutional
15 amendments shall have printed thereon "Constitutional
16 Ballot", and the ballot label page or pages for such
17 proposals shall precede the ballot label pages for candidates
18 in the ballot label booklet.
19 (Source: P.A. 89-700, eff. 1-17-97.)
20 (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
21 Sec. 24A-15. The precinct return printed by the
22 automatic tabulating equipment shall include the number of
23 ballots cast , straight party tickets, and votes cast for
24 each candidate and proposition and shall constitute the
25 official return of each precinct. Every ballot on which the
26 voter has cast a vote for all candidates of one party and no
27 votes for any other candidates shall be reported as a
28 straight party ticket, and all other ballots shall be
29 reported as split tickets. In addition to the precinct
30 return, the election authority shall provide the number of
31 applications for ballots in each precinct, the write-in
32 votes, the total number of ballots counted in each precinct
33 for each political subdivision and district and the number of
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1 registered voters in each precinct. However, the election
2 authority shall check the totals shown by the precinct return
3 and, if there is an obvious discrepancy with respect to the
4 total number of votes cast in any precinct, shall have the
5 ballots for such precinct retabulated to correct the return.
6 The procedures for retabulation shall apply prior to and
7 after the proclamation is completed; however, after the
8 proclamation of results, the election authority must obtain a
9 court order to unseal voted ballots except for election
10 contests and discovery recounts. In those election
11 jurisdictions that utilize in-precinct counting equipment,
12 the certificate of results, which has been prepared by the
13 judges of election in the polling place after the ballots
14 have been tabulated, shall be the document used for the
15 canvass of votes for such precinct. Whenever a discrepancy
16 exists during the canvass of votes between the unofficial
17 results and the certificate of results, or whenever a
18 discrepancy exists during the canvass of votes between the
19 certificate of results and the set of totals which has been
20 affixed to such certificate of results, the ballots for such
21 precinct shall be retabulated to correct the return. As an
22 additional part of this check prior to the proclamation, in
23 those jurisdictions where in-precinct counting equipment is
24 utilized, the election authority shall retabulate the total
25 number of votes cast in 5% of the precincts within the
26 election jurisdiction. The precincts to be retabulated shall
27 be selected after election day on a random basis by the
28 election authority, so that every precinct in the election
29 jurisdiction has an equal mathematical chance of being
30 selected. The State Board of Elections shall design a
31 standard and scientific random method of selecting the
32 precincts which are to be retabulated, and the election
33 authority shall be required to utilize such method. The
34 State Board of Elections, the State's Attorney and other
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1 appropriate law enforcement agencies, the county chairman of
2 each established political party and qualified civic
3 organizations shall be given prior written notice of the time
4 and place of such random selection procedure and may be
5 represented at such procedure. Such retabulation shall
6 consist of counting the ballot cards which were originally
7 counted and shall not involve any determination as to which
8 ballot cards were, in fact, properly counted. The ballots
9 from the precincts selected for such retabulation shall
10 remain at all times under the custody and control of the
11 election authority and shall be transported and retabulated
12 by the designated staff of the election authority.
13 As part of such retabulation, the election authority
14 shall test the computer program in the selected precincts.
15 Such test shall be conducted by processing a preaudited group
16 of ballots so punched so as to record a predetermined number
17 of valid votes for each candidate and on each public
18 question, and shall include for each office one or more
19 ballots which have votes in excess of the number allowed by
20 law in order to test the ability of the equipment to reject
21 such votes. If any error is detected, the cause therefor
22 shall be ascertained and corrected and an errorless count
23 shall be made prior to the official canvass and proclamation
24 of election results.
25 The State Board of Elections, the State's Attorney and
26 other appropriate law enforcement agencies, the county
27 chairman of each established political party and qualified
28 civic organizations shall be given prior written notice of
29 the time and place of such retabulation and may be
30 represented at such retabulation.
31 The results of this retabulation shall be treated in the
32 same manner and have the same effect as the results of the
33 discovery procedures set forth in Section 22-9.1 of this Act.
34 Upon completion of the retabulation, the election authority
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1 shall print a comparison of the results of the retabulation
2 with the original precinct return printed by the automatic
3 tabulating equipment. Such comparison shall be done for each
4 precinct and for each office voted upon within that precinct,
5 and the comparisons shall be open to the public.
6 (Source: P.A. 89-700, eff. 1-17-97.)
7 (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
8 Sec. 24A-16. The State Board of Elections shall approve
9 all voting systems provided by this Article.
10 No voting system shall be approved unless it fulfills the
11 following requirements:
12 (1) It enables a voter to vote in absolute secrecy;
13 (2) It enables a voter to vote a straight party ticket;
14 (Blank);
15 (3) It enables a voter to vote a ticket selected in part
16 from the nominees of one party, and in part from the nominees
17 of any or all parties, and in part from independent
18 candidates and in part of candidates whose names are written
19 in by the voter;
20 (4) It enables a voter to vote a written or printed
21 ticket of his own selection for any person for any office for
22 whom he may desire to vote;
23 (5) It will reject all votes for an office or upon a
24 proposition when the voter has cast more votes for such
25 office or upon such proposition than he is entitled to cast;
26 (6) It will accommodate all propositions to be submitted
27 to the voters in the form provided by law or, where no such
28 form is provided, then in brief form, not to exceed 75 words.
29 The State Board of Elections is authorized to withdraw
30 its approval of a voting system if the system fails to
31 fulfill the above requirements.
32 No vendor, person or other entity may sell, lease or loan
33 a voting system or voting system component to any election
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1 jurisdiction unless the voting system or voting system
2 component is first approved by the State Board of Elections
3 pursuant to this Section.
4 (Source: P.A. 89-700, eff. 1-17-97.)
5 (10 ILCS 5/24B-5.1)
6 Sec. 24B-5.1. Instruction of Voters; Instruction Model;
7 Partiality to Political Party; Manner of Instruction. Before
8 entering the voting booth each voter shall be offered
9 instruction in the marking of the Precinct Tabulation Optical
10 Scan Technology ballot sheet. In instructing voters, no
11 precinct official may show partiality to any political party,
12 and when instructing a voter on how to vote a straight ticket
13 for one political party the precinct official shall at the
14 same time instruct the voter how to vote a straight ticket
15 for any other political party which appears on the ballot
16 label. The duties of instruction shall be discharged by a
17 judge from each of the political parties represented and they
18 shall alternate serving as instructor so that each judge
19 shall serve a like time at such duties. No instructions may
20 be given after the voter has entered the voting booth.
21 No precinct official, or person assisting a voter may in
22 any manner request, suggest, or seek to persuade or induce
23 any voter to cast his or her vote for any particular ticket,
24 candidate, amendment, question or proposition. All
25 instructions shall be given by precinct officials in a manner
26 that it may be observed by other persons in the polling
27 place.
28 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
29 (10 ILCS 5/24B-6)
30 Sec. 24B-6. Ballot Information; Arrangement; Electronic
31 Precinct Tabulation Optical Scan Technology Voting System;
32 Absentee Ballots; Spoiled Ballots. The ballot information,
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1 shall, as far as practicable, be in the order of arrangement
2 provided for paper ballots, except that the information may
3 be in vertical or horizontal rows, or on a number of separate
4 pages. Ballots for all questions or propositions to be voted
5 on should be provided in a similar manner and must be
6 arranged on the ballot sheet in the places provided for such
7 purposes. Ballots shall be of white paper unless provided
8 otherwise by administrative rule of the State Board of
9 Elections or otherwise specified.
10 All propositions, including but not limited to
11 propositions calling for a constitutional convention,
12 constitutional amendment, judicial retention, and public
13 measures to be voted upon shall be placed on separate
14 portions of the ballot sheet by utilizing borders or grey
15 screens. Candidates shall be listed on a separate portion of
16 the ballot sheet by utilizing borders or grey screens. Below
17 the name of the last candidate listed for an office shall be
18 printed a line or lines on which the name of a candidate or
19 candidates may be written by the voter, and proximate to such
20 lines an area shall be provided for marking votes for the
21 write-in candidate or candidates. The number of write-in
22 lines for an office shall equal the number of candidates for
23 which a voter may vote. More than one amendment to the
24 constitution may be placed on the same portion of the ballot
25 sheet. Constitutional convention or constitutional amendment
26 propositions shall be printed on a separate portion of the
27 ballot sheet and designated by borders or grey screens,
28 unless otherwise provided by administrative rule of the State
29 Board of Elections. More than one public measure or
30 proposition may be placed on the same portion of the ballot
31 sheet. More than one proposition for retention of judges in
32 office may be placed on the same portion of the ballot sheet.
33 Names of candidates shall be printed in black. The
34 designation of the political parties for straight party
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1 voting shall be in a special section of the ballot, except no
2 means by which a voter can cast a straight party vote shall
3 be necessary for any special election not conducted on a
4 regularly scheduled election day and called for filling a
5 vacancy in the office of representative in the United State
6 Congress. The party affiliation of each candidate or the
7 word "independent" shall appear near or under the candidate's
8 name, and the names of candidates for the same office shall
9 be listed vertically under the title of that office. In the
10 case of nonpartisan elections for officers of political
11 subdivisions, unless the statute or an ordinance adopted
12 pursuant to Article VII of the Constitution requires
13 otherwise, the listing of nonpartisan candidates shall not
14 include any party or "independent" designation. Judicial
15 retention ballots shall be designated by borders or grey
16 screens. Ballots for all public measures and other
17 propositions shall be designated by borders or grey screens.
18 In primary elections, a separate ballot, shall be used for
19 each political party holding a primary, with the ballot
20 arranged to include names of the candidates of the party and
21 public measures and other propositions to be voted upon on
22 the day of the primary election.
23 If the ballot includes both candidates for office and
24 public measures or propositions to be voted on, the election
25 official in charge of the election shall divide the ballot in
26 sections for "Candidates" and "Propositions", or separate
27 ballots may be used.
28 Absentee ballots may consist of envelopes, paper ballots
29 or ballot sheets voted in person in the office of the
30 election official in charge of the election or voted by mail.
31 Where a Precinct Tabulation Optical Scan Technology ballot is
32 used for voting by mail it must be accompanied by voter
33 instructions.
34 Any voter who spoils his or her ballot, makes an error,
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1 or has a ballot returned by the automatic tabulating
2 equipment may return the ballot to the judges of election and
3 get another ballot.
4 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
5 (10 ILCS 5/24B-15)
6 Sec. 24B-15. Official Return of Precinct; Check of
7 Totals; Retabulation. The precinct return printed by the
8 automatic Precinct Tabulation Optical Scan Technology
9 tabulating equipment shall include the number of ballots
10 cast, straight party tickets, and votes cast for each
11 candidate and proposition and shall constitute the official
12 return of each precinct. Every ballot on which the voter
13 has cast a vote for all candidates of one party and no votes
14 for any other candidates shall be reported as a straight
15 party ticket, and all other ballots shall be reported as
16 split tickets. In addition to the precinct return, the
17 election authority shall provide the number of applications
18 for ballots in each precinct, the write-in votes, the total
19 number of ballots counted in each precinct for each political
20 subdivision and district and the number of registered voters
21 in each precinct. However, the election authority shall
22 check the totals shown by the precinct return and, if there
23 is an obvious discrepancy regarding the total number of votes
24 cast in any precinct, shall have the ballots for that
25 precinct retabulated to correct the return. The procedures
26 for retabulation shall apply prior to and after the
27 proclamation is completed; however, after the proclamation of
28 results, the election authority must obtain a court order to
29 unseal voted ballots except for election contests and
30 discovery recounts. In those election jurisdictions that use
31 in-precinct counting equipment, the certificate of results,
32 which has been prepared by the judges of election in the
33 polling place after the ballots have been tabulated, shall be
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1 the document used for the canvass of votes for such precinct.
2 Whenever a discrepancy exists during the canvass of votes
3 between the unofficial results and the certificate of
4 results, or whenever a discrepancy exists during the canvass
5 of votes between the certificate of results and the set of
6 totals which has been affixed to the certificate of results,
7 the ballots for that precinct shall be retabulated to correct
8 the return. As an additional part of this check prior to the
9 proclamation, in those jurisdictions where in-precinct
10 counting equipment is used, the election authority shall
11 retabulate the total number of votes cast in 5% of the
12 precincts within the election jurisdiction. The precincts to
13 be retabulated shall be selected after election day on a
14 random basis by the election authority, so that every
15 precinct in the election jurisdiction has an equal
16 mathematical chance of being selected. The State Board of
17 Elections shall design a standard and scientific random
18 method of selecting the precincts which are to be
19 retabulated, and the election authority shall be required to
20 use that method. The State Board of Elections, the State's
21 Attorney and other appropriate law enforcement agencies, the
22 county chairman of each established political party and
23 qualified civic organizations shall be given prior written
24 notice of the time and place of the random selection
25 procedure and may be represented at the procedure. The
26 retabulation shall consist of counting the ballots which were
27 originally counted and shall not involve any determination of
28 which ballots were, in fact, properly counted. The ballots
29 from the precincts selected for the retabulation shall remain
30 at all times under the custody and control of the election
31 authority and shall be transported and retabulated by the
32 designated staff of the election authority.
33 As part of the retabulation, the election authority shall
34 test the computer program in the selected precincts. The
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1 test shall be conducted by processing a preaudited group of
2 ballots marked to record a predetermined number of valid
3 votes for each candidate and on each public question, and
4 shall include for each office one or more ballots which have
5 votes in excess of the number allowed by law to test the
6 ability of the equipment to reject such votes. If any error
7 is detected, the cause shall be determined and corrected, and
8 an errorless count shall be made prior to the official
9 canvass and proclamation of election results.
10 The State Board of Elections, the State's Attorney and
11 other appropriate law enforcement agencies, the county
12 chairman of each established political party and qualified
13 civic organizations shall be given prior written notice of
14 the time and place of the retabulation and may be represented
15 at the retabulation.
16 The results of this retabulation shall be treated in the
17 same manner and have the same effect as the results of the
18 discovery procedures set forth in Section 22-9.1 of this
19 Code. Upon completion of the retabulation, the election
20 authority shall print a comparison of the results of the
21 retabulation with the original precinct return printed by the
22 automatic tabulating equipment. The comparison shall be done
23 for each precinct and for each office voted upon within that
24 precinct, and the comparisons shall be open to the public.
25 Upon completion of the retabulation, the returns shall be
26 open to the public.
27 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
28 (10 ILCS 5/24B-16)
29 Sec. 24B-16. Approval of Precinct Tabulation Optical
30 Scan Technology Voting Systems; Requisites. The State Board
31 of Elections shall approve all Precinct Tabulation Optical
32 Scan Technology voting systems provided by this Article.
33 No Precinct Tabulation Optical Scan Technology voting
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1 system shall be approved unless it fulfills the following
2 requirements:
3 (a) It enables a voter to vote in absolute secrecy;
4 (b) It enables a voter to vote a straight party
5 ticket; (Blank);
6 (c) It enables a voter to vote a ticket selected in
7 part from the nominees of one party, and in part from the
8 nominees of any or all parties, and in part from
9 independent candidates, and in part of candidates whose
10 names are written in by the voter;
11 (d) It enables a voter to vote a written or printed
12 ticket of his or her own selection for any person for any
13 office for whom he or she may desire to vote;
14 (e) It will reject all votes for an office or upon
15 a proposition when the voter has cast more votes for the
16 office or upon the proposition than he or she is entitled
17 to cast; and
18 (f) It will accommodate all propositions to be
19 submitted to the voters in the form provided by law or,
20 where no form is provided, then in brief form, not to
21 exceed 75 words.
22 The State Board of Elections is authorized to withdraw
23 its approval of a Precinct Tabulation Optical Scan Technology
24 voting system if the system fails to fulfill the above
25 requirements.
26 No vendor, person or other entity may sell, lease or loan
27 a voting system or Precinct Tabulation Optical Scan
28 Technology voting system component to any election
29 jurisdiction unless the voting system or voting system
30 component is first approved by the State Board of Elections
31 pursuant to this Section.
32 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.