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91_HB2269
LRB9104704MWgc
1 AN ACT to amend the Election Code by changing Sections
2 7-15, 12-1, 17-9, 18-5, 24A-10, 24A-15.1, 24B-10, and
3 24B-15.1 and by adding Article 19A.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Election Code is amended by changing
7 Sections 7-15, 12-1, 17-9, 18-5, 24A-10, 24A-15.1, 24B-10,
8 and 24B-15.1 and by adding Article 19A as follows:
9 (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
10 Sec. 7-15. At least 60 days prior to each general and
11 consolidated primary, the election authority shall provide
12 public notice, calculated to reach elderly and handicapped
13 voters, of the availability of registration and voting aids
14 under the Federal Voting Accessibility for the Elderly and
15 Handicapped Act, of the availability of assistance in marking
16 the ballot, and procedures for voting by absentee ballot, and
17 procedures for early voting by personal appearance. At least
18 20 days before the general primary the county clerk of each
19 county, and not more than 30 nor less than 10 days before the
20 consolidated primary the election authority, shall prepare in
21 the manner provided in this Act, a notice of such primary
22 which notice shall state the time and place of holding the
23 primary, the hours during which the polls will be open, the
24 offices for which candidates will be nominated at such
25 primary and the political parties entitled to participate
26 therein, notwithstanding that no candidate of any such
27 political party may be entitled to have his name printed on
28 the primary ballot. Such notice shall also include the list
29 of addresses of precinct polling places for the consolidated
30 primary unless such list is separately published by the
31 election authority not less than 10 days before the
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1 consolidated primary.
2 In counties, municipalities, or towns having fewer than
3 500,000 inhabitants notice of the general primary shall be
4 published once in two or more newspapers published in the
5 county, municipality or town, as the case may be, or if there
6 is no such newspaper, then in any two or more newspapers
7 published in the county and having a general circulation
8 throughout the community.
9 In counties, municipalities, or towns having 500,000 or
10 more inhabitants notice of the general primary shall be
11 published at least 15 days prior to the primary by the same
12 authorities and in the same manner as notice of election for
13 general elections are required to be published in counties,
14 municipalities or towns of 500,000 or more inhabitants under
15 this Act.
16 Notice of the consolidated primary shall be published
17 once in one or more newspapers published in each political
18 subdivision having such primary, and if there is no such
19 newspaper, then published once in a local, community
20 newspaper having general circulation in the subdivision, and
21 also once in a newspaper published in the county wherein the
22 political subdivisions, or portions thereof, having such
23 primary are situated.
24 (Source: P.A. 84-808.)
25 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
26 Sec. 12-1. At least 60 days prior to each general and
27 consolidated election, the election authority shall provide
28 public notice, calculated to reach elderly and handicapped
29 voters, of the availability of registration and voting aids
30 under the Federal Voting Accessibility for the Elderly and
31 Handicapped Act, of the availability of assistance in marking
32 the ballot, and procedures for voting by absentee ballot, and
33 procedures for voting early by personal appearance.
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1 At least 30 days before any general election, and at
2 least 20 days before any special congressional election, the
3 county clerk shall publish a notice of the election in 2 or
4 more newspapers published in the county, city, village,
5 incorporated town or town, as the case may be, or if there is
6 no such newspaper, then in any 2 or more newspapers published
7 in the county and having a general circulation throughout the
8 community. The notice may be substantially as follows:
9 Notice is hereby given that on (give date), at (give the
10 place of holding the election and the name of the precinct or
11 district) in the county of (name county), an election will be
12 held for (give the title of the several offices to be
13 filled), which election will be open at 6:00 a.m. and
14 continued open until 7:00 p.m. of that day.
15 Dated at .... on (insert date). this .... day of ....,
16 19...
17 (Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.)
18 (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
19 Sec. 17-9. Any person desiring to vote shall give his
20 name and, if required to do so, his residence to the judges
21 of election, one of whom shall thereupon announce the same in
22 a loud and distinct tone of voice, clear, and audible; the
23 judges of elections shall check each application for ballot
24 against the list of voters registered in that precinct to
25 whom absentee or early ballots have been issued for that
26 election, which shall be provided by the election authority
27 and which list shall be available for inspection by
28 pollwatchers. A voter applying to vote in the precinct on
29 election day whose name appears on the list as having been
30 issued an absentee or early ballot shall not be permitted to
31 vote in the precinct unless that voter submits to the judges
32 of election, for cancellation or revocation, his absentee or
33 early ballot. In the case that the voter's absentee or early
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1 ballot is not present in the polling place, it shall be
2 sufficient for any such voter to submit to the judges of
3 election in lieu of his absentee or early ballot, either a
4 portion of such ballot if torn or mutilated, an affidavit
5 executed before the judges of election specifying that the
6 voter never received an absentee or early ballot, or an
7 affidavit executed before the judges of election specifying
8 that the voter desires to cancel or revoke any absentee or
9 early ballot that may have been cast in the voter's name. All
10 applicable provisions of Articles 4, 5 or 6 shall be complied
11 with and if such name is found on the register of voters by
12 the officer having charge thereof, he shall likewise repeat
13 said name, and the voter shall be allowed to enter within the
14 proximity of the voting booths, as above provided. One of
15 the judges shall give the voter one, and only one of each
16 ballot to be voted at the election, on the back of which
17 ballots such judge shall indorse his initials in such manner
18 that they may be seen when each such ballot is properly
19 folded, and the voter's name shall be immediately checked on
20 the register list. In those election jurisdictions where
21 perforated ballot cards are utilized of the type on which
22 write-in votes can be cast above the perforation, the
23 election authority shall provide a space both above and below
24 the perforation for the judge's initials, and the judge shall
25 endorse his or her initials in both spaces. Whenever a
26 proposal for a constitutional amendment or for the calling of
27 a constitutional convention is to be voted upon at the
28 election, the separate blue ballot or ballots pertaining
29 thereto shall, when being handed to the voter, be placed on
30 top of the other ballots to be voted at the election in such
31 manner that the legend appearing on the back thereof, as
32 prescribed in Section 16-6 of this Act, shall be plainly
33 visible to the voter. At all elections, when a registry may
34 be required, if the name of any person so desiring to vote at
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1 such election is not found on the register of voters, he or
2 she shall not receive a ballot until he or she shall have
3 complied with the law prescribing the manner and conditions
4 of voting by unregistered voters. If any person desiring to
5 vote at any election shall be challenged, he or she shall not
6 receive a ballot until he or she shall have established his
7 right to vote in the manner provided hereinafter; and if he
8 or she shall be challenged after he has received his ballot,
9 he shall not be permitted to vote until he or she has fully
10 complied with such requirements of the law upon being
11 challenged. Besides the election officer, not more than 2
12 voters in excess of the whole number of voting booths
13 provided shall be allowed within the proximity of the voting
14 booths at one time. The provisions of this Act, so far as
15 they require the registration of voters as a condition to
16 their being allowed to vote shall not apply to persons
17 otherwise entitled to vote, who are, at the time of the
18 election, or at any time within 60 days prior to such
19 election have been engaged in the military or naval service
20 of the United States, and who appear personally at the
21 polling place on election day and produce to the judges of
22 election satisfactory evidence thereof, but such persons, if
23 otherwise qualified to vote, shall be permitted to vote at
24 such election without previous registration.
25 All such persons shall also make an affidavit which shall
26 be in substantially the following form:
27 State of Illinois,)
28 ) ss.
29 County of ........)
30 ............... Precinct .......... Ward
31 I, ...., do solemnly swear (or affirm) that I am a
32 citizen of the United States, of the age of 18 years or over,
33 and that within the past 60 days prior to the date of this
34 election at which I am applying to vote, I have been engaged
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1 in the .... (military or naval) service of the United States;
2 and I am qualified to vote under and by virtue of the
3 Constitution and laws of the State of Illinois, and that I am
4 a legally qualified voter of this precinct and ward except
5 that I have, because of such service, been unable to register
6 as a voter; that I now reside at .... (insert street and
7 number, if any) in this precinct and ward; that I have
8 maintained a legal residence in this precinct and ward for 30
9 days and in this State 30 days next preceding this election.
10 .........................
11 Subscribed and sworn to before me on (insert date). this
12 .... day of...., 19...
13 .........................
14 Judge of Election.
15 The affidavit of any such person shall be supported by
16 the affidavit of a resident and qualified voter of any such
17 precinct and ward, which affidavit shall be in substantially
18 the following form:
19 State of Illinois,)
20 ) ss.
21 County of ........)
22 ........... Precinct ........... Ward
23 I, ...., do solemnly swear (or affirm), that I am a
24 resident of this precinct and ward and entitled to vote at
25 this election; that I am acquainted with .... (name of the
26 applicant); that I verily believe him to be an actual bona
27 fide resident of this precinct and ward and that I verily
28 believe that he or she has maintained a legal residence
29 therein 30 days and in this State 30 days next preceding this
30 election.
31 .........................
32 Subscribed and sworn to before me on (insert date). this
33 .... day of...., 19...
34 .........................
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1 Judge of Election.
2 All affidavits made under the provisions of this Section
3 shall be enclosed in a separate envelope securely sealed, and
4 shall be transmitted with the returns of the elections to the
5 county clerk or to the board of election commissioners, who
6 shall preserve the said affidavits for the period of 6
7 months, during which period such affidavits shall be deemed
8 public records and shall be freely open to examination as
9 such.
10 (Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.)
11 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
12 Sec. 18-5. Any person desiring to vote and whose name is
13 found upon the register of voters by the person having charge
14 thereof, shall then be questioned by one of the judges as to
15 his nativity, his term of residence at present address,
16 precinct, State and United States, his age, whether
17 naturalized and if so the date of naturalization papers and
18 court from which secured, and he shall be asked to state his
19 residence when last previously registered and the date of the
20 election for which he then registered. The judges of
21 elections shall check each application for ballot against the
22 list of voters registered in that precinct to whom absentee
23 and early ballots have been issued for that election, which
24 shall be provided by the election authority and which list
25 shall be available for inspection by pollwatchers. A voter
26 applying to vote in the precinct on election day whose name
27 appears on the list as having been issued an absentee or
28 early ballot shall not be permitted to vote in the precinct
29 unless that voter submits to the judges of election, for
30 cancellation or revocation, his absentee or early ballot. In
31 the case that the voter's absentee or early ballot is not
32 present in the polling place, it shall be sufficient for any
33 such voter to submit to the judges of election in lieu of his
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1 absentee or early ballot, either a portion of such ballot if
2 torn or mutilated, an affidavit executed before the judges of
3 election specifying that the voter never received an absentee
4 or early ballot, or an affidavit executed before the judges
5 of election specifying that the voter desires to cancel or
6 revoke any absentee or early ballot that may have been cast
7 in the voter's name. If such person so registered shall be
8 challenged as disqualified, the party challenging shall
9 assign his reasons therefor, and thereupon one of the judges
10 shall administer to him an oath to answer questions, and if
11 he shall take the oath he shall then be questioned by the
12 judge or judges touching such cause of challenge, and
13 touching any other cause of disqualification. And he may also
14 be questioned by the person challenging him in regard to his
15 qualifications and identity. But if a majority of the judges
16 are of the opinion that he is the person so registered and a
17 qualified voter, his vote shall then be received accordingly.
18 But if his vote be rejected by such judges, such person may
19 afterward produce and deliver an affidavit to such judges,
20 subscribed and sworn to by him before one of the judges, in
21 which it shall be stated how long he has resided in such
22 precinct, and state; that he is a citizen of the United
23 States, and is a duly qualified voter in such precinct, and
24 that he is the identical person so registered. In addition to
25 such an affidavit, the person so challenged shall provide to
26 the judges of election proof of residence by producing 2
27 forms of identification showing the person's current
28 residence address, provided that such identification to the
29 person at his current residence address and postmarked not
30 earlier than 30 days prior to the date of the election, or
31 the person shall procure a witness personally known to the
32 judges of election, and resident in the precinct (or
33 district), or who shall be proved by some legal voter of such
34 precinct or district, known to the judges to be such, who
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1 shall take the oath following, viz:
2 I do solemnly swear (or affirm) that I am a resident of
3 this election precinct (or district), and entitled to vote at
4 this election, and that I have been a resident of this State
5 for 30 days last past, and am well acquainted with the person
6 whose vote is now offered; that he is an actual and bona fide
7 resident of this election precinct (or district), and has
8 resided herein 30 days, and as I verily believe, in this
9 State, 30 days next preceding this election.
10 The oath in each case may be administered by one of the
11 judges of election, or by any officer, resident in the
12 precinct or district, authorized by law to administer oaths.
13 Also supported by an affidavit by a registered voter residing
14 in such precinct, stating his own residence, and that he
15 knows such person; and that he does reside at the place
16 mentioned and has resided in such precinct and state for the
17 length of time as stated by such person, which shall be
18 subscribed and sworn to in the same way. Whereupon the vote
19 of such person shall be received, and entered as other votes.
20 But such judges, having charge of such registers, shall state
21 in their respective books the facts in such case, and the
22 affidavits, so delivered to the judges, shall be preserved
23 and returned to the office of the commissioners of election.
24 Blank affidavits of the character aforesaid shall be sent out
25 to the judges of all the precincts, and the judges of
26 election shall furnish the same on demand and administer the
27 oaths without criticism. Such oaths, if administered by any
28 other officer than such judge of election, shall not be
29 received. Whenever a proposal for a constitutional amendment
30 or for the calling of a constitutional convention is to be
31 voted upon at the election, the separate blue ballot or
32 ballots pertaining thereto shall be placed on top of the
33 other ballots to be voted at the election in such manner that
34 the legend appearing on the back thereof, as prescribed in
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1 Section 16-6 of this Act, shall be plainly visible to the
2 voter, and in this fashion the ballots shall be handed to the
3 voter by the judge.
4 The voter shall, upon quitting the voting booth, deliver
5 to one of the judges of election all of the ballots, properly
6 folded, which he received. The judge of election to whom the
7 voter delivers his ballots shall not accept the same unless
8 all of the ballots given to the voter are returned by him. If
9 a voter delivers less than all of the ballots given to him,
10 the judge to whom the same are offered shall advise him in a
11 voice clearly audible to the other judges of election that
12 the voter must return the remainder of the ballots. The
13 statement of the judge to the voter shall clearly express the
14 fact that the voter is not required to vote such remaining
15 ballots but that whether or not he votes them he must fold
16 and deliver them to the judge. In making such statement the
17 judge of election shall not indicate by word, gesture or
18 intonation of voice that the unreturned ballots shall be
19 voted in any particular manner. No new voter shall be
20 permitted to enter the voting booth of a voter who has failed
21 to deliver the total number of ballots received by him until
22 such voter has returned to the voting booth pursuant to the
23 judge's request and again quit the booth with all of the
24 ballots required to be returned by him. Upon receipt of all
25 such ballots the judges of election shall enter the name of
26 the voter, and his number, as above provided in this section,
27 and the judge to whom the ballots are delivered shall
28 immediately put the ballots into the ballot box. If any voter
29 who has failed to deliver all the ballots received by him
30 refuses to return to the voting booth after being advised by
31 the judge of election as herein provided, the judge shall
32 inform the other judges of such refusal, and thereupon the
33 ballot or ballots returned to the judge shall be deposited in
34 the ballot box, the voter shall be permitted to depart from
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1 the polling place, and a new voter shall be permitted to
2 enter the voting booth.
3 The judge of election who receives the ballot or ballots
4 from the voter shall announce the residence and name of such
5 voter in a loud voice. The judge shall put the ballot or
6 ballots received from the voter into the ballot box in the
7 presence of the voter and the judges of election, and in
8 plain view of the public. The judges having charge of such
9 registers shall then, in a column prepared thereon, in the
10 same line of, the name of the voter, mark "Voted" or the
11 letter "V".
12 No judge of election shall accept from any voter less
13 than the full number of ballots received by such voter
14 without first advising the voter in the manner above provided
15 of the necessity of returning all of the ballots, nor shall
16 any such judge advise such voter in a manner contrary to that
17 which is herein permitted, or in any other manner violate the
18 provisions of this section; provided, that the acceptance by
19 a judge of election of less than the full number of ballots
20 delivered to a voter who refuses to return to the voting
21 booth after being properly advised by such judge shall not be
22 a violation of this Section.
23 (Source: P.A. 89-653, eff. 8-14-96.)
24 (10 ILCS 5/Art. 19A heading new)
25 ARTICLE 19A. EARLY VOTING BY PERSONAL APPEARANCE
26 (10 ILCS 5/19A-5 new)
27 Sec. 19A-5. Issuance of ballots; voting booth.
28 (a) If a request is made to vote early by a registered
29 voter in person, the election authority shall issue a ballot
30 for early voting to the voter. The ballot must be voted on
31 the premises of the election authority and returned to the
32 election authority.
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1 (b) On the dates for early voting prescribed in Section
2 19A-15, each election authority shall provide a voting booth,
3 with suitable equipment for voting, on the premises of the
4 election authority for use by registered voters who are
5 issued ballots for early voting in accordance with this
6 Section.
7 (c) The election authority must maintain a list for each
8 election of the voters to whom it has issued early ballots.
9 The list must be maintained for each precinct within the
10 election authority's jurisdiction. Before the opening of the
11 polls on election day, the election authority shall deliver
12 to the judges of election in each precinct the list of
13 registered voters to whom early ballots have been issued.
14 (10 ILCS 5/19A-10 new)
15 Sec. 19A-10. Permanent polling places for early voting.
16 (a) An election authority may establish permanent
17 polling places for early voting by personal appearance at
18 locations throughout the election authority's jurisdiction.
19 Except as otherwise provided in subsection (b), any person
20 entitled to vote early by personal appearance may do so at
21 any polling place for early voting.
22 (b) If it is impractical for the election authority to
23 provide at each polling place for early voting a ballot in
24 every form required in the election authority's jurisdiction,
25 the election authority may:
26 (1) provide appropriate forms of ballots to the
27 office of the municipal clerk in a municipality not
28 having a board of election commissioners; the township
29 clerk; or in counties not under township organization,
30 the road district clerk; and
31 (2) limit voting at that polling place to
32 registered voters in that municipality, township, or road
33 district.
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1 (10 ILCS 5/19A-15 new)
2 Sec. 19A-15. Period for early voting; hours.
3 (a) The period for early voting by personal appearance
4 begins the third Saturday preceding a general primary,
5 consolidated primary, consolidated, or general election and
6 extends through the Friday before election day, Sundays and
7 holidays excepted.
8 (b) The election authority may include any Sunday or
9 holiday that falls within the period for early voting.
10 (c) A permanent polling place for early voting must
11 remain open during the hours of 8:30 a.m. to 4:30 p.m., or
12 9:00 a.m. to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00
13 p.m. on Saturdays. If the election authority includes a
14 Sunday or holiday that falls within the period for early
15 voting, the permanent polling place must remain open during
16 the hours that the election authority and municipal clerk,
17 township clerk, or road district clerk establish.
18 (10 ILCS 5/19A-20 new)
19 Sec. 19A-20. Temporary branch polling places.
20 (a) In addition to permanent polling places for early
21 voting, the election authority may establish temporary branch
22 polling places for early voting.
23 (b) The provisions of subsection (c) of Section 19A-15
24 do not apply to a temporary polling place. Voting at a
25 temporary branch polling place may be conducted on any one or
26 more days and during any hours within the period for early
27 voting by personal appearance that are determined by the
28 election authority.
29 (c) The schedules for conducting voting do not need to
30 be uniform among the temporary branch polling places.
31 (d) The legal rights and remedies which inure to the
32 owner or lessor of private property are not impaired or
33 otherwise affected by the leasing of the property for use as
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1 a temporary branch polling place for early voting, except to
2 the extent necessary to conduct early voting at that
3 location.
4 (10 ILCS 5/19A-25 new)
5 Sec. 19A-25. Schedule of locations and times for early
6 voting.
7 (a) The election authority shall publish during the
8 week before the period for early voting and at least once
9 each week during the period for early voting in a newspaper
10 of general circulation in the election authority's
11 jurisdiction a schedule stating:
12 (1) the location of each permanent and temporary
13 polling place for early voting and the precincts served
14 by each location; and
15 (2) the dates and hours that early voting will be
16 conducted at each location.
17 (b) The election authority shall post a copy of the
18 schedule at the office of the municipal clerk, the township
19 clerk, or road district clerk. The schedule must be posted
20 continuously for a period beginning not later than the 5th
21 day before the first day of the period for early voting by
22 personal appearance and ending on the last day of that
23 period.
24 (c) The election authority must make copies of the
25 schedule available to the public in reasonable quantities
26 without charge during the period of posting.
27 (d) No additional polling places for early voting may be
28 established after the schedule is published under this
29 Section.
30 (10 ILCS 5/19A-25 new)
31 Sec. 19A-25. Voting machines, automatic tabulating
32 equipment, and precinct tabulation optical scan technology
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1 voting equipment.
2 (a) In all jurisdictions in which voting machines are
3 used, the provisions of this Code that are not inconsistent
4 with this Article relating to the furnishing of ballot boxes,
5 printing and furnishing ballots and supplies, the canvassing
6 of ballots, and the making of returns, apply with full force
7 and effect to the extent necessary to make this Article
8 effective, provided that the number of ballots to be printed
9 shall be in the discretion of the election authority.
10 (b) If the election authority has adopted the use of
11 automatic tabulating equipment under Article 24A of this
12 Code, and the provisions of that Article are in conflict with
13 the provisions of this Article 19A, the provisions of Article
14 24A shall govern the procedures followed by the election
15 authority, its judges of election, and all employees and
16 agents.
17 (c) If the election authority has adopted the use of
18 precinct tabulation optical scan technology voting equipment
19 under Article 24B of this Code, and the provisions of that
20 Article are in conflict with the provisions of this Article
21 19A, the provisions of Article 24B shall govern the
22 procedures followed by the election authority, its judges of
23 election, and all employees and agents.
24 (10 ILCS 5/19A-30 new)
25 Sec. 19A-30. Appointment of election officials.
26 (a) The election authority must appoint an employee to
27 serve as the election official in charge of each polling
28 place for early voting.
29 (b) The election authority may also appoint as many
30 addition election officials as it deems necessary for the
31 proper conduct of the election.
32 (10 ILCS 5/19A-35 new)
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1 Sec. 19A-35. Procedure for voting.
2 (a) Not more than 23 days before the start of early
3 voting, the county clerk shall make available to the election
4 authority conducting early voting by personal appearance a
5 sufficient number of early ballots, envelopes, and printed
6 voting instruction slips for the use of early voters. The
7 election authority shall receipt for all ballots received and
8 shall return unused or spoiled ballots at the close of the
9 early voting period to the county clerk and must strictly
10 account for all ballots received. The ballots delivered to
11 the election authority must include early ballots for each
12 precinct in the election authority's jurisdiction and must
13 include separate ballots for each political subdivision
14 conducting an election of officers or a referendum at that
15 election.
16 (b) In conducting early voting under this Article, the
17 election official is not required to verify the signature of
18 the early voter by comparison with the signature on the
19 official registration card, however, the official must verify
20 (i) the identity of the applicant, (ii) that the applicant is
21 a registered voter, (iii) the precinct in which the applicant
22 is registered, and (iv) the proper ballots of the political
23 subdivision in which the applicant resides and is entitled to
24 vote before providing an early ballot to the applicant. The
25 election official must verify the applicant's registration
26 from the most recent poll list provided by the election
27 authority, and if the applicant is not listed on that poll
28 list, by telephoning the office of the election authority.
29 (c) The sealed early ballots in their carrier envelope
30 shall be delivered by the election officials to the proper
31 polling place before the close of the polls on the day of the
32 election.
33 (10 ILCS 5/19A-40 new)
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1 Sec. 19A-40. Enclosure of ballots in envelope.
2 It is be the duty of the election authority to fold the
3 ballot or ballots in the manner specified by the statute for
4 folding ballots prior to their deposit in the ballot box, and
5 to enclose the ballot or ballots in an envelope unsealed to
6 be furnished by him, which envelope shall bear upon the face
7 thereof the name, official title, and post office address of
8 the election authority, and upon the other side a printed
9 certification in substantially the following form:
10 I state that I am a resident of the .... precinct of the
11 (1) *township of .... (2) *City of .... or (3) *.... ward in
12 the city of .... residing at .... in that city or town in the
13 county of .... and State of Illinois, that I have lived at
14 that address for .... months last past; that I am lawfully
15 entitled to vote in that precinct at the .... election to be
16 held on .... .
17 *fill in either (1), (2) or (3).
18 I further state that I personally marked the enclosed
19 ballot in secret.
20 Under penalties of perjury as provided by law pursuant to
21 Section 29-10 of the Election Code, the undersigned certifies
22 that the statements set forth in this certification are true
23 and correct.
24 .......................
25 If the ballot enclosed is to be voted at a primary
26 election, the certification shall designate the name of the
27 political party with which the voter is affiliated.
28 In addition to the above, the election authority shall
29 provide printed slips giving full instructions regarding the
30 manner of marking and returning the ballot in order that the
31 same may be counted, and shall furnish one of the printed
32 slips to each of such applicants at the same time the ballot
33 is delivered to him or her. The instructions shall include
34 the following statement: "In signing the certification on the
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1 early ballot envelope, you are attesting that you personally
2 marked this early ballot in secret. If your are physically
3 unable to mark the ballot, a friend or relative may assist
4 you. Federal and State laws prohibit your employer, your
5 employer's agent, or an officer or agent of your union form
6 assisting physically disabled voters."
7 In addition to the above, if a ballot to be provided to a
8 voter pursuant to this Section contains a public question
9 described in subsection (b) of Section 28-6 and the territory
10 concerning which the question is to be submitted is not
11 described on the ballot due to the space limitations of the
12 ballot, the election authority shall provide a printed copy
13 of a notice of the public question, which shall include a
14 description of the territory in the manner required by
15 Section 16-7. The notice shall be furnished to the voter at
16 the same time the ballot is delivered to the voter.
17 (10 ILCS 5/19A-45 new)
18 Sec. 19A-45. Certification. The voter shall make and
19 subscirbe the certification provided for on the return
20 envelope of the ballot, and the ballot or ballots shall be
21 folded by the voter in the manner required to be folded
22 before depositing the ballot in the ballot box, and shall be
23 deposited in the envelope and the envelope securely sealed.
24 The voter shall then endorse his or her certificate on the
25 back of the envelope and the envelope shall be returned to
26 the election official conducting the early voting.
27 (10 ILCS 5/19A-50 new)
28 Sec. 19A-50. Receipt of ballots. Upon receipt of the
29 voter's ballot, the election official shall enclose the
30 unopened ballot in a large or carrier envelope that shall be
31 securely sealed and endorsed with the name and official title
32 of the election official and the words, "This envelope
-19- LRB9104704MWgc
1 contains a ballot and must be opened on election day",
2 together with the number and description of the precinct in
3 which the ballot is to be voted, and the election authority
4 shall safely keep the envelope in its office until delivered
5 to the judges of election as provided in Section 19A-35.
6 (10 ILCS 5/19A-55 new)
7 Sec. 19A-55. Casting the ballots.
8 At the close of the regular balloting and at the close of
9 the polls the judges of election of each voting precinct
10 shall proceed to cast the early voter's ballot separately,
11 and as each early voter's ballot is taken shall open the
12 outer or carrier envelope, announce the early voter's name,
13 and compare the signature upon the official registration card
14 with the signature upon the certification on the ballot
15 envelope. In case the judges find the certification properly
16 executed, that the signatures correspond, that the applicant
17 is a duly qualified voter in the precinct, and the voter has
18 not been present and voted on the election day, they shall
19 open the envelope containing the early voter's ballot in a
20 manner that does not to deface or destroy the certification
21 thereon, or mark or tear the ballots therein and take out the
22 ballot or ballots therein contained without unfolding or
23 permitting the same to be unfolded or examined, and having
24 endorsed the ballot in like manner as other ballots are
25 required to be endorsed, shall deposit the same in the proper
26 ballot box or boxes and enter the early voter's name in the
27 poll book the same as if he or she had voted on election day.
28 The judges shall place the early ballot certification
29 envelopes in a separate envelope as per the direction of the
30 election authority. The envelope containing the early ballot
31 certification envelopes shall be returned to the election
32 authority and preserved in like manner as the official poll
33 record.
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1 In case the signatures do not correspond, or that the
2 applicant is not a duly qualified voter in the precinct or
3 that the ballot envelope is open or has been opened and
4 resealed, or that the voter has voted on election day, the
5 previously cast vote shall not be allowed, but without
6 opening the early voter's envelope the judge of the election
7 shall mark across the face thereof, "Rejected", giving the
8 reason therefor.
9 In case the ballot envelope contains more than one ballot
10 of any kind, the ballots shall not be counted, but shall be
11 marked "Rejected", giving the reason therefor.
12 The early voters' envelopes and affidavits and the early
13 voters' envelope with its contents unopened, when the early
14 vote is rejected, shall be retained and preserved in the
15 manner as now provided for the retention and preservation of
16 official ballots rejected at the election.
17 (10 ILCS 5/19A-60 new)
18 Sec. 19A-60. Pollwatchers. Pollwatchers may be
19 appointed to observe early voting by personal appearance at
20 each permanent and temporary polling place where early voting
21 is conducted. The pollwatchers shall qualify and be
22 appointed in the same manner as provided in Sections 7-34 and
23 17-23, except that each candidate, political party, or
24 organization of citizens may appoint only one pollwatcher for
25 each location where early voting by personal appearance is
26 conducted. Pollwatchers must be residents of the county and
27 possess valid pollwatcher credentials.
28 In the polling place on election day, pollwatchers are
29 permitted to be present during the casting of the early
30 ballots and the vote of an early voter may be challenged for
31 cause the same as if the voter were present and voted on
32 election day. The judges of election, or a majority of them,
33 have the power and authority to hear and determine the
-21- LRB9104704MWgc
1 legality of the early ballot, provided, however, that if a
2 challenge to any early voter's right to vote is sustained,
3 notice of the challenge must be given by the judges of
4 election by mail addressed to the voter's place of residence.
5
6 (10 ILCS 5/19A-65 new)
7 Sec. 19A-65. Death of voter before opening of polls.
8 Whenever due proof is made to the judges of election that any
9 voter who has marked an early ballot as provided in this
10 Article has died before the opening of the polls on the date
11 of the election, the ballot of the deceased voter shall be
12 returned by the judges of election in the same manner
13 provided for rejected ballots; but the casting of the ballot
14 of a deceased voter shall not invalidate the election.
15 (10 ILCS 5/19A-70 new)
16 Sec. 19A-70. Advertising or campaigning in proximity of
17 polling place; penalty. During the period prescribed in
18 Section 19A-15 for early voting by personal appearance, no
19 advertising pertaining to any candidate or proposition to be
20 voted on may be displayed in or within 100 feet of any
21 polling place used by voters under this Article. No person
22 may engage in electioneering in or within 100 feet of any
23 polling place used by voters under this Article.
24 Any person who violates this Section may be punished for
25 contempt of court.
26 (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
27 Sec. 24A-10. (1) In an election jurisdiction which has
28 adopted an electronic voting system, the election official in
29 charge of the election shall select one of the 3 following
30 procedures for receiving, counting, tallying, and return of
31 the ballots:
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1 (a) Two ballot boxes shall be provided for each polling
2 place. The first ballot box is for the depositing of votes
3 cast on the electronic voting system; and the second ballot
4 box is for all votes cast on paper ballots, including
5 absentee paper and early paper ballots and any other paper
6 ballots required to be voted other than on the electronic
7 voting system. Ballots, except absentee and early ballots for
8 candidates and propositions which are listed on the
9 electronic voting system, deposited in the second ballot box
10 shall be counted, tallied, and returned as is elsewhere
11 provided in "The Election Code," as amended, for the counting
12 and handling of paper ballots. Immediately after the closing
13 of the polls the absentee and early ballots delivered to the
14 precinct judges of election by the election official in
15 charge of the election shall be examined to determine that
16 such ballots comply with Sections 19-9, 19A-55, and 20-9 of
17 "The Election Code," as amended, and are entitled to be
18 deposited in the ballot box provided therefor; those entitled
19 to be deposited in this ballot box shall be initialed by the
20 precinct judges of election and deposited therein. Those not
21 entitled to be deposited in this ballot box shall be marked
22 "Rejected" and disposed of as provided in Sections 19-9,
23 19A-55, and 20-9. The precinct judges of election shall then
24 open the second ballot box and examine all paper absentee and
25 early ballots which are in the ballot box to determine
26 whether the absentee and early ballots bear the initials of a
27 precinct judge of election. If any absentee or early ballot
28 is not so initialed, it shall be marked on the back
29 "Defective," initialed as to such label by all judges
30 immediately under such word "Defective," and not counted, but
31 placed in the envelope provided for that purpose labeled
32 "Defective Ballots Envelope." The judges of election,
33 consisting in each case of at least one judge of election of
34 each of the two major political parties, shall examine the
-23- LRB9104704MWgc
1 paper absentee and early ballots which were in such ballot
2 box and properly initialed so as to determine whether the
3 same contain write-in votes. Write-in votes, not causing an
4 overvote for an office otherwise voted for on the paper
5 absentee or early ballot, and otherwise properly voted, shall
6 be counted, tallied and recorded on the tally sheet provided
7 for such record. A write-in vote causing an overvote for an
8 office shall not be counted for that office, but the precinct
9 judges shall mark such paper or early absentee ballot
10 "Objected To" on the back thereof and write on its back the
11 manner in which such ballot is counted and initial the same.
12 An overvote for one office shall invalidate only the vote or
13 count of that particular office. After counting, tallying and
14 recording the write-in votes on absentee and early ballots,
15 the judges of election, consisting in each case of at least
16 one judge of election of each of the two major political
17 parties, shall make a true duplicate ballot of the remaining
18 valid votes on each paper absentee or early ballot which was
19 in the ballot box and properly initialed, by using the
20 electronic voting system used in the precinct and one of the
21 marking devices of the precinct so as to transfer the
22 remaining valid votes of the voter on the paper absentee
23 ballot to an official ballot or a ballot card of that kind
24 used in the precinct at that election. The original paper
25 absentee or early ballot shall be clearly labeled "Absentee
26 Ballot" or "Early Ballot", as the case may be, and the ballot
27 card so produced "Duplicate Absentee Ballot," or "Duplicate
28 Early Ballot", as the case may be, and each shall bear the
29 same serial number which shall be placed thereon by the
30 judges of election, commencing with number 1 and continuing
31 consecutively for the ballots of that kind in that precinct.
32 The judges of election shall initial the "Duplicate Absentee
33 Ballot" and "Duplicate Early Ballot" ballots or ballot cards
34 and shall place them in the first ballot box provided for
-24- LRB9104704MWgc
1 return of the ballots to be counted at the central counting
2 location in lieu of the paper absentee and early ballots. The
3 paper absentee and early ballots shall be placed in an
4 envelope provided for that purpose labeled "Duplicate
5 Ballots."
6 As soon as the absentee and early ballots have been
7 deposited in the first ballot box, the judges of election
8 shall make out a slip indicating the number of persons who
9 voted in the precinct at the election. Such slip shall be
10 signed by all the judges of election and shall be inserted by
11 them in the first ballot box. The judges of election shall
12 thereupon immediately lock the first ballot box; provided,
13 that if such box is not of a type which may be securely
14 locked, such box shall be sealed with filament tape provided
15 for such purpose which shall be wrapped around the box
16 lengthwise and crosswise, at least twice each way, and in
17 such manner that the seal completely covers the slot in the
18 ballot box, and each of the judges shall sign such seal.
19 Thereupon two of the judges of election, of different
20 political parties, shall forthwith and by the most direct
21 route transport both ballot boxes to the counting location
22 designated by the county clerk or board of election
23 commissioners.
24 Before the ballots of a precinct are fed to the
25 electronic tabulating equipment, the first ballot box shall
26 be opened at the central counting station by the two precinct
27 transport judges. Upon opening a ballot box, such team shall
28 first count the number of ballots in the box. If 2 or more
29 are folded together so as to appear to have been cast by the
30 same person, all of the ballots so folded together shall be
31 marked and returned with the other ballots in the same
32 condition, as near as may be, in which they were found when
33 first opened, but shall not be counted. If the remaining
34 ballots are found to exceed the number of persons voting in
-25- LRB9104704MWgc
1 the precinct as shown by the slip signed by the judges of
2 election, the ballots shall be replaced in the box, and the
3 box closed and well shaken and again opened and one of the
4 precinct transport judges shall publicly draw out so many
5 ballots unopened as are equal to such excess.
6 Such excess ballots shall be marked "Excess-Not Counted"
7 and signed by the two precinct transport judges and shall be
8 placed in the "After 7:00 p.m. Defective Ballots Envelope".
9 The number of excess ballots shall be noted in the remarks
10 section of the Certificate of Results. "Excess" ballots shall
11 not be counted in the total of "defective" ballots.
12 The precinct transport judges shall then examine the
13 remaining ballots for write-in votes and shall count and
14 tabulate the write-in vote; or
15 (b) A single ballot box, for the deposit of all votes
16 cast, shall be used. All ballots which are not to be
17 tabulated on the electronic voting system shall be counted,
18 tallied, and returned as elsewhere provided in "The Election
19 Code," as amended, for the counting and handling of paper
20 ballots.
21 All ballots to be processed and tabulated with the
22 electronic voting system shall be processed as follows:
23 Immediately after the closing of the polls the absentee
24 and early ballots delivered to the precinct judges of
25 election by the election official in charge of the election
26 shall be examined to determine that such ballots comply with
27 Sections 19-9, 19A-55, and 20-9 of "The Election Code," as
28 amended, and are entitled to be deposited in the ballot box;
29 those entitled to be deposited in the ballot box shall be
30 initialed by the precinct judges of election and deposited in
31 the ballot box. Those not entitled to be deposited in the
32 ballot box shall be marked "Rejected" and disposed of as
33 provided in said Sections 19-9, 19A-55, and 20-9. The
34 precinct judges of election then shall open the ballot box
-26- LRB9104704MWgc
1 and canvass the votes polled to determine that the number of
2 ballots therein agree with the number of voters voting as
3 shown by the applications for ballot or if the same do not
4 agree the judges of election shall make such ballots agree
5 with the applications for ballot in the manner provided by
6 Section 17-18 of "The Election Code." The judges of election
7 shall then examine all paper absentee and early ballots,
8 ballot cards and ballot card envelopes which are in the
9 ballot box to determine whether the paper ballots, ballot
10 cards and ballot card envelopes bear the initials of a
11 precinct judge of election. If any paper ballot, ballot card
12 or ballot card envelope is not initialed, it shall be marked
13 on the back "Defective," initialed as to such label by all
14 judges immediately under such word "Defective," and not
15 counted, but placed in the envelope provided for that purpose
16 labeled "Defective Ballots Envelope." The judges of election,
17 consisting in each case of at least one judge of election of
18 each of the two major political parties, shall examine the
19 paper absentee and early ballots which were in the ballot box
20 and properly initialed so as to determine whether the same
21 contain write-in votes. Write-in votes, not causing an
22 overvote for an office otherwise voted for on the paper
23 absentee or early ballot, and otherwise properly voted, shall
24 be counted, tallied and recorded on the tally sheet provided
25 for such record. A write-in vote causing an overvote for an
26 office shall not be counted for that office, but the precinct
27 judges shall mark such paper absentee or early ballot
28 "Objected To" on the back thereof and write on its back the
29 manner in which such ballot is counted and initial the same.
30 An overvote for one office shall invalidate only the vote or
31 count of that particular office. After counting, tallying and
32 recording the write-in votes on absentee and early ballots,
33 the judges of election, consisting in each case of at least
34 one judge of election of each of the two major political
-27- LRB9104704MWgc
1 parties, shall make a true duplicate ballot of the remaining
2 valid votes on each paper absentee and early ballot which was
3 in the ballot box and properly initialed, by using the
4 electronic voting system used in the precinct and one of the
5 marking devices of the precinct so as to transfer the
6 remaining valid votes of the voter on the paper absentee or
7 early ballot to an official ballot or a ballot card of that
8 kind used in the precinct at that election. The original
9 paper absentee ballot shall be clearly labeled "Absentee
10 Ballot" or "Early Ballot", as the case may be, and the ballot
11 card so produced "Duplicate Absentee Ballot," or "Duplicate
12 Early Ballot", as the case may be, and each shall bear the
13 same serial number which shall be placed thereon by the
14 judges of election, commencing with number 1 and continuing
15 consecutively for the ballots of that kind in that precinct.
16 The judges of election shall initial the "Duplicate Absentee
17 Ballot" and "Duplicate Early Ballot" ballots or ballot cards,
18 and shall place them in the box for return of the ballots
19 with all other ballots or ballot cards to be counted at the
20 central counting location in lieu of the paper absentee and
21 early ballots. The paper absentee and early ballots shall be
22 placed in an envelope provided for that purpose labeled
23 "Duplicate Ballots."
24 When an electronic voting system is used which utilizes a
25 ballot card, before separating the remaining ballot cards
26 from their respective covering envelopes, the judges of
27 election shall examine the ballot card envelopes for write-in
28 votes. When the voter has voted a write-in vote, the judges
29 of election shall compare the write-in vote with the votes on
30 the ballot card to determine whether such write-in results in
31 an overvote for any office. In case of an overvote for any
32 office, the judges of election, consisting in each case of at
33 least one judge of election of each of the two major
34 political parties, shall make a true duplicate ballot of all
-28- LRB9104704MWgc
1 votes on such ballot card except for the office which is
2 overvoted, by using the ballot label booklet of the precinct
3 and one of the marking devices of the precinct so as to
4 transfer all votes of the voter except for the office
5 overvoted, to an official ballot card of that kind used in
6 the precinct at that election. The original ballot card and
7 envelope upon which there is an overvote shall be clearly
8 labeled "Overvoted Ballot", and each shall bear the same
9 serial number which shall be placed thereon by the judges of
10 election, commencing with number 1 and continuing
11 consecutively for the ballots of that kind in that precinct.
12 The judges of election shall initial the "Duplicate Overvoted
13 Ballot" ballot cards and shall place them in the box for
14 return of the ballots. The "Overvoted Ballot" ballots and
15 their envelopes shall be placed in the "Duplicate Ballots"
16 envelope. Envelopes bearing write-in votes marked in the
17 place designated therefor and bearing the initials of a
18 precinct judge of election and not resulting in an overvote
19 and otherwise complying with the election laws as to marking
20 shall be counted, tallied, and their votes recorded on a
21 tally sheet provided by the election official in charge of
22 the election. The ballot cards and ballot card envelopes
23 shall be separated and all except any defective or overvoted
24 shall be placed separately in the box for return of the
25 ballots, along with all "Duplicate Absentee
26 Ballots,","Duplicate Early Ballots", and "Duplicate Overvoted
27 Ballots." The judges of election shall examine the ballots
28 and ballot cards to determine if any is damaged or defective
29 so that it cannot be counted by the automatic tabulating
30 equipment. If any ballot or ballot card is damaged or
31 defective so that it cannot properly be counted by the
32 automatic tabulating equipment, the judges of election,
33 consisting in each case of at least one judge of election of
34 each of the two major political parties, shall make a true
-29- LRB9104704MWgc
1 duplicate ballot of all votes on such ballot card by using
2 the ballot label booklet of the precinct and one of the
3 marking devices of the precinct. The original ballot or
4 ballot card and envelope shall be clearly labeled "Damaged
5 Ballot" and the ballot or ballot card so produced "Duplicate
6 Damaged Ballot," and each shall bear the same number which
7 shall be placed thereon by the judges of election, commencing
8 with number 1 and continuing consecutively for the ballots of
9 that kind in the precinct. The judges of election shall
10 initial the "Duplicate Damaged Ballot" ballot or ballot
11 cards, and shall place them in the box for return of the
12 ballots. The "Damaged Ballot" ballots or ballot cards and
13 their envelopes shall be placed in the "Duplicated Ballots"
14 envelope. A slip indicating the number of voters voting in
15 person, number of absentee votes deposited in the ballot box,
16 and the total number of voters of the precinct who voted at
17 the election shall be made out, signed by all judges of
18 election, and inserted in the box for return of the ballots.
19 The tally sheets recording the write-in votes shall be placed
20 in this box. The judges of election thereupon immediately
21 shall securely lock the ballot box or other suitable box
22 furnished for return of the ballots by the election official
23 in charge of the election; provided that if such box is not
24 of a type which may be securely locked, such box shall be
25 sealed with filament tape provided for such purpose which
26 shall be wrapped around the box lengthwise and crosswise, at
27 least twice each way. A separate adhesive seal label signed
28 by each of the judges of election of the precinct shall be
29 affixed to the box so as to cover any slot therein and to
30 identify the box of the precinct; and if such box is sealed
31 with filament tape as provided herein rather than locked,
32 such tape shall be wrapped around the box as provided herein,
33 but in such manner that the separate adhesive seal label
34 affixed to the box and signed by the judges may not be
-30- LRB9104704MWgc
1 removed without breaking the filament tape and disturbing the
2 signature of the judges. Thereupon, 2 of the judges of
3 election, of different major political parties, forthwith
4 shall by the most direct route transport the box for return
5 of the ballots and enclosed ballots and returns to the
6 central counting location designated by the election official
7 in charge of the election. If, however, because of the lack
8 of adequate parking facilities at the central counting
9 location or for any other reason, it is impossible or
10 impracticable for the boxes from all the polling places to be
11 delivered directly to the central counting location, the
12 election official in charge of the election may designate
13 some other location to which the boxes shall be delivered by
14 the 2 precinct judges. While at such other location the boxes
15 shall be in the care and custody of one or more teams, each
16 consisting of 4 persons, 2 from each of the two major
17 political parties, designated for such purpose by the
18 election official in charge of elections from recommendations
19 by the appropriate political party organizations. As soon as
20 possible, the boxes shall be transported from such other
21 location to the central counting location by one or more
22 teams, each consisting of 4 persons, 2 from each of the 2
23 major political parties, designated for such purpose by the
24 election official in charge of elections from recommendations
25 by the appropriate political party organizations.
26 The "Defective Ballots" envelope, and "Duplicated
27 Ballots" envelope each shall be securely sealed and the flap
28 or end thereof of each signed by the precinct judges of
29 election and returned to the central counting location with
30 the box for return of the ballots, enclosed ballots and
31 returns.
32 At the central counting location, a team of tally judges
33 designated by the election official in charge of the election
34 shall check the box returned containing the ballots to
-31- LRB9104704MWgc
1 determine that all seals are intact, and thereupon shall open
2 the box, check the voters' slip and compare the number of
3 ballots so delivered against the total number of voters of
4 the precinct who voted, remove the ballots or ballot cards
5 and deliver them to the technicians operating the automatic
6 tabulating equipment. Any discrepancies between the number
7 of ballots and total number of voters shall be noted on a
8 sheet furnished for that purpose and signed by the tally
9 judges; or
10 (c) A single ballot box, for the deposit of all votes
11 cast, shall be used. Immediately after the closing of the
12 polls the judges of election shall examine the absentee and
13 early ballots received by the precinct judges of election
14 from the election authority of voters in that precinct to
15 determine that they comply with the provisions of Sections
16 19-9, 19A-55, 20-8, and 20-9 of the Election Code, as
17 amended, and are entitled to be deposited in the ballot box;
18 those entitled to be deposited in the ballot box shall be
19 initialed by the precinct judges and deposited in the ballot
20 box. Those not entitled to be deposited in the ballot box,
21 in accordance with Sections 19-9, 19A-55, 20-8, and 20-9 of
22 the Election Code, as amended, shall be marked "Rejected" and
23 preserved in the manner provided in The Election Code for the
24 retention and preservation of official ballots rejected at
25 such election. Immediately upon the completion of the
26 absentee and early balloting, the precinct judges of election
27 shall securely lock the ballot box; provided that if such box
28 is not of a type which may be securely locked, such box shall
29 be sealed with filament tape provided for such purpose which
30 shall be wrapped around the box lengthwise and crosswise, at
31 least twice each way. A separate adhesive seal label signed
32 by each of the judges of election of the precinct shall be
33 affixed to the box so as to cover any slot therein and to
34 identify the box of the precinct; and if such box is sealed
-32- LRB9104704MWgc
1 with filament tape as provided herein rather than locked,
2 such tape shall be wrapped around the box as provided herein,
3 but in such manner that the separate adhesive seal label
4 affixed to the box and signed by the judges may not be
5 removed without breaking the filament tape and disturbing the
6 signature of the judges. Thereupon, 2 of the judges of
7 election, of different major political parties, shall
8 forthwith by the most direct route transport the box for
9 return of the ballots and enclosed absentee and early ballots
10 and returns to the central counting location designated by
11 the election official in charge of the election. If however,
12 because of the lack of adequate parking facilities at the
13 central counting location or for some other reason, it is
14 impossible or impracticable for the boxes from all the
15 polling places to be delivered directly to the central
16 counting location, the election official in charge of the
17 election may designate some other location to which the boxes
18 shall be delivered by the 2 precinct judges. While at such
19 other location the boxes shall be in the care and custody of
20 one or more teams, each consisting of 4 persons, 2 from each
21 of the two major political parties, designated for such
22 purpose by the election official in charge of elections from
23 recommendations by the appropriate political party
24 organizations. As soon as possible, the boxes shall be
25 transported from such other location to the central counting
26 location by one or more teams, each consisting of 4 persons,
27 2 from each of the 2 major political parties, designated for
28 such purpose by the election official in charge of the
29 election from recommendations by the appropriate political
30 party organizations.
31 At the central counting location there shall be one or
32 more teams of tally judges who possess the same
33 qualifications as tally judges in election jurisdictions
34 using paper ballots. The number of such teams shall be
-33- LRB9104704MWgc
1 determined by the election authority. Each team shall
2 consist of 5 tally judges, 3 selected and approved by the
3 county board from a certified list furnished by the chairman
4 of the county central committee of the party with the
5 majority of members on the county board and 2 selected and
6 approved by the county board from a certified list furnished
7 by the chairman of the county central committee of the party
8 with the second largest number of members on the county
9 board. At the central counting location a team of tally
10 judges shall open the ballot box and canvass the votes polled
11 to determine that the number of ballot sheets therein agree
12 with the number of voters voting as shown by the applications
13 for ballot and for absentee and early ballot; and, if the
14 same do not agree, the tally judges shall make such ballots
15 agree with the number of applications for ballot in the
16 manner provided by Section 17-18 of the Election Code. The
17 tally judges shall then examine all ballot sheets which are
18 in the ballot box to determine whether they bear the initials
19 of the precinct judge of election. If any ballot is not
20 initialed, it shall be marked on the back "Defective",
21 initialed as to such label by all tally judges immediately
22 under such word "Defective", and not counted, but placed in
23 the envelope provided for that purpose labeled "Defective
24 Ballots Envelope". Write-in votes, not causing an overvote
25 for an office otherwise voted for on the absentee and early
26 ballot sheet, and otherwise properly voted, shall be counted,
27 tallied and recorded by the central counting location judges
28 on the tally sheet provided for such record. A write-in vote
29 causing an overvote for an office shall not be counted for
30 that office, but the tally judges shall mark such absentee
31 ballot sheet "Objected To" on the back thereof and write on
32 its back the manner in which such ballot is counted and
33 initial the same. An overvote for one office shall
34 invalidate only the vote or count of that particular office.
-34- LRB9104704MWgc
1 At the central counting location, a team of tally judges
2 designated by the election official in charge of the election
3 shall deliver the ballot sheets to the technicians operating
4 the automatic tabulating equipment. Any discrepancies
5 between the number of ballots and total number of voters
6 shall be noted on a sheet furnished for that purpose and
7 signed by the tally judges.
8 (2) Regardless of which procedure described in
9 subsection (1) of this Section is used, the judges of
10 election designated to transport the ballots, properly signed
11 and sealed as provided herein, shall ensure that the ballots
12 are delivered to the central counting station no later than
13 12 hours after the polls close. At the central counting
14 station a team of tally judges designated by the election
15 official in charge of the election shall examine the ballots
16 so transported and shall not accept ballots for tabulating
17 which are not signed and sealed as provided in subsection (1)
18 of this Section until the judges transporting the same make
19 and sign the necessary corrections. Upon acceptance of the
20 ballots by a team of tally judges at the central counting
21 station, the election judges transporting the same shall take
22 a receipt signed by the election official in charge of the
23 election and stamped with the date and time of acceptance.
24 The election judges whose duty it is to transport any ballots
25 shall, in the event such ballots cannot be found when needed,
26 on proper request, produce the receipt which they are to take
27 as above provided.
28 (Source: P.A. 83-1362.)
29 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
30 Sec. 24A-15.1. Except as herein provided, discovery
31 recounts and election contests shall be conducted as
32 otherwise provided for in "The Election Code", as amended.
33 The automatic tabulating equipment shall be tested prior to
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1 the discovery recount or election contest as provided in
2 Section 24A-9, and then the official ballots or ballot cards
3 shall be recounted on the automatic tabulating equipment. In
4 addition, (1) the ballot or ballot cards shall be checked for
5 the presence or absence of judges' initials and other
6 distinguishing marks, and (2) the ballots marked "Rejected",
7 "Defective", Objected to", and "Absentee Ballot", and "Early
8 Ballot" shall be examined to determine the propriety of the
9 such labels, and (3) the "Duplicate Absentee Ballots",
10 "Duplicate Early Ballots", "Duplicate Overvoted Ballots" and
11 "Duplicate Damaged Ballots" shall be compared with their
12 respective originals to determine the correctness of the
13 duplicates.
14 Any person who has filed a petition for discovery recount
15 may request that a redundant count be conducted in those
16 precincts in which the discovery recount is being conducted.
17 The additional costs of such a redundant count shall be borne
18 by the requesting party.
19 The log of the computer operator and all materials
20 retained by the election authority in relation to vote
21 tabulation and canvass shall be made available for any
22 discovery recount or election contest.
23 (Source: P.A. 82-1014.)
24 (10 ILCS 5/24B-10)
25 Sec. 24B-10. Receiving, Counting, Tallying and Return of
26 Ballots; Acceptance of Ballots by Election Authority.
27 (a) In an election jurisdiction which has adopted an
28 electronic Precinct Tabulation Optical Scan Technology voting
29 system, the election official in charge of the election shall
30 select one of the 3 following procedures for receiving,
31 counting, tallying, and return of the ballots:
32 (1) Two ballot boxes shall be provided for each
33 polling place. The first ballot box is for the
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1 depositing of votes cast on the electronic voting system;
2 and the second ballot box is for all votes cast on other
3 ballots, including absentee paper and early paper ballots
4 and any other paper ballots required to be voted other
5 than on the Precinct Tabulation Optical Scan Technology
6 electronic voting system. Ballots, except absentee and
7 early ballots for candidates and propositions which are
8 listed on the Precinct Tabulation Optical Scan Technology
9 electronic voting system, deposited in the second ballot
10 box shall be counted, tallied, and returned as is
11 elsewhere provided in this Code for the counting and
12 handling of paper ballots. Immediately after the closing
13 of the polls the absentee and early ballots delivered to
14 the precinct judges of election by the election official
15 in charge of the election shall be examined to determine
16 that the ballots comply with Sections 19-9, 19A-55, and
17 20-9 of this Code and are entitled to be inserted into
18 the counting equipment and deposited into the ballot box
19 provided; those entitled to be deposited in this ballot
20 box shall be initialed by the precinct judges of election
21 and deposited. Those not entitled to be deposited in this
22 ballot box shall be marked "Rejected" and disposed of as
23 provided in Sections 19-9, 19A-55, and 20-9. The
24 precinct judges of election shall then open the second
25 ballot box and examine all paper absentee and early
26 ballots which are in the ballot box to determine whether
27 the absentee or early ballots bear the initials of a
28 precinct judge of election. If any absentee or early
29 ballot is not so initialed, it shall be marked on the
30 back "Defective", initialed as to the label by all judges
31 immediately under the word "Defective", and not counted,
32 but placed in the envelope provided for that purpose
33 labeled "Defective Ballots Envelope". The judges of
34 election, consisting in each case of at least one judge
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1 of election of each of the 2 major political parties,
2 shall examine the paper absentee and early ballots which
3 were in such ballot box and properly initialed to
4 determine whether the same contain write-in votes.
5 Write-in votes, not causing an overvote for an office
6 otherwise voted for on the paper absentee or early
7 ballot, and otherwise properly voted, shall be counted,
8 tallied and recorded on the tally sheet provided for the
9 record. A write-in vote causing an overvote for an
10 office shall not be counted for that office, but the
11 precinct judges shall mark such paper absentee or early
12 ballot "Objected To" on the back and write on its back
13 the manner in which the ballot is counted and initial the
14 same. An overvote for one office shall invalidate only
15 the vote or count of that particular office. After
16 counting, tallying and recording the write-in votes on
17 absentee and early ballots, the judges of election,
18 consisting in each case of at least one judge of election
19 of each of the 2 major political parties, shall make a
20 true duplicate ballot of the remaining valid votes on
21 each paper absentee and early ballot which was in the
22 ballot box and properly initialed, by using the
23 electronic Precinct Tabulation Optical Scan Technology
24 voting system used in the precinct and one of the marking
25 devices of the precinct to transfer the remaining valid
26 votes of the voter on the paper absentee or early ballot
27 to an official ballot or a ballot card of that kind used
28 in the precinct at that election. The original paper
29 absentee ballot shall be clearly labeled "Absentee
30 Ballot" or "Early Ballot", as the case may be, and the
31 ballot card so produced "Duplicate Absentee Ballot" or
32 "Duplicate Early Ballot", as the case may be, and each
33 shall bear the same serial number which shall be placed
34 thereon by the judges of election, beginning with number
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1 1 and continuing consecutively for the ballots of that
2 kind in that precinct. The judges of election shall
3 initial the "Duplicate Absentee Ballot" and "Duplicate
4 Early Ballot" ballots and shall place them in the first
5 ballot box provided for return of the ballots to be
6 counted at the central counting location in lieu of the
7 paper absentee and early ballots. The paper absentee and
8 early ballots shall be placed in an envelope provided for
9 that purpose labeled "Duplicate Ballots".
10 As soon as the absentee and early ballots have been
11 deposited in the first ballot box, the judges of election
12 shall make out a slip indicating the number of persons
13 who voted in the precinct at the election. The slip
14 shall be signed by all the judges of election and shall
15 be inserted by them in the first ballot box. The judges
16 of election shall thereupon immediately lock the first
17 ballot box; provided, that if the box is not of a type
18 which may be securely locked, the box shall be sealed
19 with filament tape provided for the purpose that shall be
20 wrapped around the box lengthwise and crosswise, at least
21 twice each way, and in a manner that the seal completely
22 covers the slot in the ballot box, and each of the judges
23 shall sign the seal. Two of the judges of election, of
24 different political parties, shall by the most direct
25 route transport both ballot boxes to the counting
26 location designated by the county clerk or board of
27 election commissioners.
28 Before the ballots of a precinct are fed to the
29 electronic Precinct Tabulation Optical Scan Technology
30 tabulating equipment, the first ballot box shall be
31 opened at the central counting station by the 2 precinct
32 transport judges. Upon opening a ballot box, the team
33 shall first count the number of ballots in the box. If 2
34 or more are folded together to appear to have been cast
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1 by the same person, all of the ballots folded together
2 shall be marked and returned with the other ballots in
3 the same condition, as near as may be, in which they were
4 found when first opened, but shall not be counted. If
5 the remaining ballots are found to exceed the number of
6 persons voting in the precinct as shown by the slip
7 signed by the judges of election, the ballots shall be
8 replaced in the box, and the box closed and well shaken
9 and again opened and one of the precinct transport judges
10 shall publicly draw out so many ballots unopened as are
11 equal to the excess.
12 The excess ballots shall be marked "Excess-Not
13 Counted" and signed by the 2 precinct transport judges
14 and shall be placed in the "After 7:00 p.m. Defective
15 Ballots Envelope". The number of excess ballots shall be
16 noted in the remarks section of the Certificate of
17 Results. "Excess" ballots shall not be counted in the
18 total of "defective" ballots.
19 The precinct transport judges shall then examine the
20 remaining ballots for write-in votes and shall count and
21 tabulate the write-in vote.
22 (2) A single ballot box, for the deposit of all
23 votes cast, shall be used. All ballots which are not to
24 be tabulated on the electronic voting system shall be
25 counted, tallied, and returned as elsewhere provided in
26 this Code for the counting and handling of paper ballots.
27 All ballots to be processed and tabulated with the
28 electronic Precinct Tabulation Optical Scan Technology
29 voting system shall be processed as follows:
30 Immediately after the closing of the polls the
31 absentee and early ballots delivered to the precinct
32 judges of election by the election official in charge of
33 the election shall be examined to determine that such
34 ballots comply with Sections 19-9, 19A-55, and 20-9 of
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1 this Code and are entitled to be deposited in the ballot
2 box; those entitled to be deposited in the ballot box
3 shall be initialed by the precinct judges of election and
4 deposited in the ballot box. Those not entitled to be
5 deposited in the ballot box shall be marked "Rejected"
6 and disposed of as provided in Sections 19-9, 19A-55, and
7 20-9. The precinct judges of election then shall open
8 the ballot box and canvass the votes polled to determine
9 that the number of ballots agree with the number of
10 voters voting as shown by the applications for ballot, or
11 if the same do not agree the judges of election shall
12 make such ballots agree with the applications for ballot
13 in the manner provided by Section 17-18 of this Code.
14 The judges of election shall then examine all paper
15 absentee and early ballots and ballot envelopes which are
16 in the ballot box to determine whether the ballots and
17 ballot envelopes bear the initials of a precinct judge of
18 election. If any ballot or ballot envelope is not
19 initialed, it shall be marked on the back "Defective",
20 initialed as to the label by all judges immediately under
21 the word "Defective", and not counted, but placed in the
22 envelope provided for that purpose labeled "Defective
23 Ballots Envelope". The judges of election, consisting in
24 each case of at least one judge of election of each of
25 the 2 major political parties, shall examine the paper
26 absentee and early ballots which were in the ballot box
27 and properly initialed to determine whether the same
28 contain write-in votes. Write-in votes, not causing an
29 overvote for an office otherwise voted for on the paper
30 absentee or early ballot, and otherwise properly voted,
31 shall be counted, tallied and recorded on the tally sheet
32 provided for the record. A write-in vote causing an
33 overvote for an office shall not be counted for that
34 office, but the precinct judges shall mark the paper
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1 absentee or early ballot "Objected To" on the back and
2 write on its back the manner the ballot is counted and
3 initial the same. An overvote for one office shall
4 invalidate only the vote or count of that particular
5 office. After counting, tallying and recording the
6 write-in votes on absentee and early ballots, the judges
7 of election, consisting in each case of at least one
8 judge of election of each of the 2 major political
9 parties, shall make a true duplicate ballot of the
10 remaining valid votes on each paper absentee and early
11 ballot which was in the ballot box and properly
12 initialed, by using the electronic voting system used in
13 the precinct and one of the marking devices of the
14 precinct to transfer the remaining valid votes of the
15 voter on the paper absentee or early ballot to an
16 official ballot of that kind used in the precinct at
17 that election. The original paper absentee or early
18 ballot shall be clearly labeled "Absentee Ballot" or
19 "Early Ballot", as the case may be, and the ballot so
20 produced "Duplicate Absentee Ballot" or "Duplicate Early
21 Ballot", as the case may be, and each shall bear the same
22 serial number which shall be placed thereon by the judges
23 of election, commencing with number 1 and continuing
24 consecutively for the ballots of that kind in that
25 precinct. The judges of election shall initial the
26 "Duplicate Absentee Ballot" and "Duplicate Early Ballot"
27 ballots and shall place them in the box for return of the
28 ballots with all other ballots to be counted at the
29 central counting location in lieu of the paper absentee
30 and early ballots. The paper absentee ballots shall be
31 placed in an envelope provided for that purpose labeled
32 "Duplicate Ballots".
33 In case of an overvote for any office, the judges of
34 election, consisting in each case of at least one judge
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1 of election of each of the 2 major political parties,
2 shall make a true duplicate ballot of all votes on the
3 ballot except for the office which is overvoted, by using
4 the ballot of the precinct and one of the marking devices
5 of the precinct to transfer all votes of the voter except
6 for the office overvoted, to an official ballot of that
7 kind used in the precinct at that election. The original
8 ballot upon which there is an overvote shall be clearly
9 labeled "Overvoted Ballot", and each shall bear the same
10 serial number which shall be placed thereon by the judges
11 of election, beginning with number 1 and continuing
12 consecutively for the ballots of that kind in that
13 precinct. The judges of election shall initial the
14 "Duplicate Overvoted Ballot" ballots and shall place them
15 in the box for return of the ballots. The "Overvoted
16 Ballot" ballots shall be placed in the "Duplicate
17 Ballots" envelope. The ballots except any defective or
18 overvoted ballot shall be placed separately in the box
19 for return of the ballots, along with all "Duplicate
20 Absentee Ballots", "Duplicate Early Ballots", and
21 "Duplicate Overvoted Ballots". The judges of election
22 shall examine the ballots to determine if any is damaged
23 or defective so that it cannot be counted by the
24 automatic tabulating equipment. If any ballot is damaged
25 or defective so that it cannot properly be counted by the
26 automatic tabulating equipment, the judges of election,
27 consisting in each case of at least one judge of election
28 of each of the 2 major political parties, shall make a
29 true duplicate ballot of all votes on such ballot by
30 using the ballot of the precinct and one of the marking
31 devices of the precinct. The original ballot and ballot
32 envelope shall be clearly labeled "Damaged Ballot" and
33 the ballot so produced "Duplicate Damaged Ballot", and
34 each shall bear the same number which shall be placed
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1 thereon by the judges of election, commencing with number
2 1 and continuing consecutively for the ballots of that
3 kind in the precinct. The judges of election shall
4 initial the "Duplicate Damaged Ballot" ballot and shall
5 place them in the box for return of the ballots. The
6 "Damaged Ballot" ballots shall be placed in the
7 "Duplicated Ballots" envelope. A slip indicating the
8 number of voters voting in person, number of absentee and
9 early votes deposited in the ballot box, and the total
10 number of voters of the precinct who voted at the
11 election shall be made out, signed by all judges of
12 election, and inserted in the box for return of the
13 ballots. The tally sheets recording the write-in votes
14 shall be placed in this box. The judges of election
15 immediately shall securely lock the ballot box or other
16 suitable box furnished for return of the ballots by the
17 election official in charge of the election; provided
18 that if the box is not of a type which may be securely
19 locked, the box shall be sealed with filament tape
20 provided for the purpose which shall be wrapped around
21 the box lengthwise and crosswise, at least twice each
22 way. A separate adhesive seal label signed by each of
23 the judges of election of the precinct shall be affixed
24 to the box to cover any slot therein and to identify the
25 box of the precinct; and if the box is sealed with
26 filament tape as provided rather than locked, such tape
27 shall be wrapped around the box as provided, but in such
28 manner that the separate adhesive seal label affixed to
29 the box and signed by the judges may not be removed
30 without breaking the filament tape and disturbing the
31 signature of the judges. Two of the judges of election,
32 of different major political parties, shall by the most
33 direct route transport the box for return of the ballots
34 and enclosed ballots and returns to the central counting
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1 location designated by the election official in charge of
2 the election. If, however, because of the lack of
3 adequate parking facilities at the central counting
4 location or for any other reason, it is impossible or
5 impracticable for the boxes from all the polling places
6 to be delivered directly to the central counting
7 location, the election official in charge of the election
8 may designate some other location to which the boxes
9 shall be delivered by the 2 precinct judges. While at
10 the other location the boxes shall be in the care and
11 custody of one or more teams, each consisting of 4
12 persons, 2 from each of the 2 major political parties,
13 designated for such purpose by the election official in
14 charge of elections from recommendations by the
15 appropriate political party organizations. As soon as
16 possible, the boxes shall be transported from the other
17 location to the central counting location by one or more
18 teams, each consisting of 4 persons, 2 from each of the 2
19 major political parties, designated for the purpose by
20 the election official in charge of elections from
21 recommendations by the appropriate political party
22 organizations.
23 The "Defective Ballots" envelope, and "Duplicated
24 Ballots" envelope each shall be securely sealed and the
25 flap or end of each envelope signed by the precinct
26 judges of election and returned to the central counting
27 location with the box for return of the ballots, enclosed
28 ballots and returns.
29 At the central counting location, a team of tally
30 judges designated by the election official in charge of
31 the election shall check the box returned containing the
32 ballots to determine that all seals are intact, and shall
33 open the box, check the voters' slip and compare the
34 number of ballots so delivered against the total number
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1 of voters of the precinct who voted, remove the ballots
2 and deliver them to the technicians operating the
3 automatic tabulating equipment. Any discrepancies
4 between the number of ballots and total number of voters
5 shall be noted on a sheet furnished for that purpose and
6 signed by the tally judges.
7 (3) A single ballot box, for the deposit of all
8 votes cast, shall be used. Immediately after the closing
9 of the polls the judges of election shall examine the
10 absentee and early ballots received by the precinct
11 judges of election from the election authority of voters
12 in that precinct to determine that they comply with the
13 provisions of Sections 19-9, 19A-55, 20-8, and 20-9 of
14 this Code and are entitled to be deposited in the ballot
15 box; those entitled to be deposited in the ballot box
16 shall be initialed by the precinct judges and deposited
17 in the ballot box. Those not entitled to be deposited in
18 the ballot box, in accordance with Sections 19-9, 19A-55,
19 20-8, and 20-9 of this Code shall be marked "Rejected"
20 and preserved in the manner provided in this Code for the
21 retention and preservation of official ballots rejected
22 at such election. Immediately upon the completion of the
23 absentee and early balloting, the precinct judges of
24 election shall securely lock the ballot box; provided
25 that if such box is not of a type which may be securely
26 locked, the box shall be sealed with filament tape
27 provided for the purpose which shall be wrapped around
28 the box lengthwise and crosswise, at least twice each
29 way. A separate adhesive seal label signed by each of
30 the judges of election of the precinct shall be affixed
31 to the box to cover any slot therein and to identify the
32 box of the precinct; and if the box is sealed with
33 filament tape as provided rather than locked, such tape
34 shall be wrapped around the box as provided, but in a
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1 manner that the separate adhesive seal label affixed to
2 the box and signed by the judges may not be removed
3 without breaking the filament tape and disturbing the
4 signature of the judges. Two of the judges of election,
5 of different major political parties, shall by the most
6 direct route transport the box for return of the ballots
7 and enclosed absentee and early ballots and returns to
8 the central counting location designated by the election
9 official in charge of the election. If however, because
10 of the lack of adequate parking facilities at the central
11 counting location or for some other reason, it is
12 impossible or impracticable for the boxes from all the
13 polling places to be delivered directly to the central
14 counting location, the election official in charge of the
15 election may designate some other location to which the
16 boxes shall be delivered by the 2 precinct judges. While
17 at the other location the boxes shall be in the care and
18 custody of one or more teams, each consisting of 4
19 persons, 2 from each of the 2 major political parties,
20 designated for the purpose by the election official in
21 charge of elections from recommendations by the
22 appropriate political party organizations. As soon as
23 possible, the boxes shall be transported from the other
24 location to the central counting location by one or more
25 teams, each consisting of 4 persons, 2 from each of the 2
26 major political parties, designated for the purpose by
27 the election official in charge of the election from
28 recommendations by the appropriate political party
29 organizations.
30 At the central counting location there shall be one
31 or more teams of tally judges who possess the same
32 qualifications as tally judges in election jurisdictions
33 using paper ballots. The number of the teams shall be
34 determined by the election authority. Each team shall
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1 consist of 5 tally judges, 3 selected and approved by the
2 county board from a certified list furnished by the
3 chairman of the county central committee of the party
4 with the majority of members on the county board and 2
5 selected and approved by the county board from a
6 certified list furnished by the chairman of the county
7 central committee of the party with the second largest
8 number of members on the county board. At the central
9 counting location a team of tally judges shall open the
10 ballot box and canvass the votes polled to determine that
11 the number of ballot sheets therein agree with the number
12 of voters voting as shown by the applications for ballot
13 and for absentee and early ballot; and, if the same do
14 not agree, the tally judges shall make such ballots agree
15 with the number of applications for ballot in the manner
16 provided by Section 17-18 of this Code. The tally judges
17 shall then examine all ballot sheets that are in the
18 ballot box to determine whether they bear the initials of
19 the precinct judge of election. If any ballot is not
20 initialed, it shall be marked on the back "Defective",
21 initialed as to that label by all tally judges
22 immediately under the word "Defective", and not counted,
23 but placed in the envelope provided for that purpose
24 labeled "Defective Ballots Envelope". Write-in votes,
25 not causing an overvote for an office otherwise voted for
26 on the absentee or early ballot sheet, and otherwise
27 properly voted, shall be counted, tallied, and recorded
28 by the central counting location judges on the tally
29 sheet provided for the record. A write-in vote causing
30 an overvote for an office shall not be counted for that
31 office, but the tally judges shall mark the absentee or
32 early ballot sheet "Objected To" and write the manner in
33 which the ballot is counted on its back and initial the
34 sheet. An overvote for one office shall invalidate only
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1 the vote or count for that particular office.
2 At the central counting location, a team of tally
3 judges designated by the election official in charge of
4 the election shall deliver the ballot sheets to the
5 technicians operating the automatic Precinct Tabulation
6 Optical Scan Technology tabulating equipment. Any
7 discrepancies between the number of ballots and total
8 number of voters shall be noted on a sheet furnished for
9 that purpose and signed by the tally judges.
10 (b) Regardless of which procedure described in
11 subsection (a) of this Section is used, the judges of
12 election designated to transport the ballots properly signed
13 and sealed, shall ensure that the ballots are delivered to
14 the central counting station no later than 12 hours after the
15 polls close. At the central counting station, a team of
16 tally judges designated by the election official in charge of
17 the election shall examine the ballots so transported and
18 shall not accept ballots for tabulating which are not signed
19 and sealed as provided in subsection (a) of this Section
20 until the judges transporting the ballots make and sign the
21 necessary corrections. Upon acceptance of the ballots by a
22 team of tally judges at the central counting station, the
23 election judges transporting the ballots shall take a receipt
24 signed by the election official in charge of the election and
25 stamped with the date and time of acceptance. The election
26 judges whose duty it is to transport any ballots shall, in
27 the event the ballots cannot be found when needed, on proper
28 request, produce the receipt which they are to take as above
29 provided.
30 (Source: P.A. 89-394, eff. 1-1-97.)
31 (10 ILCS 5/24B-15.1)
32 Sec. 24B-15.1. Discovery, Recounts and Election
33 Contests. Except as provided, discovery recounts and
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1 election contests shall be conducted as otherwise provided
2 for in this Code. The automatic Precinct Tabulation Optical
3 Scan Technology tabulating equipment shall be tested prior to
4 the discovery recount or election contest as provided in
5 Section 24B-9, and then the official ballots shall be
6 recounted on the automatic tabulating equipment. In
7 addition, (a) the ballots shall be checked for the presence
8 or absence of judges' initials and other distinguishing
9 marks, and (b) the ballots marked "Rejected", "Defective",
10 "Objected To", "Early Ballot", and "Absentee Ballot" shall be
11 examined to determine the propriety of the labels, and (c)
12 the "Duplicate Absentee Ballots", "Duplicate Early Ballots",
13 "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots"
14 shall be compared with their respective originals to
15 determine the correctness of the duplicates.
16 Any person who has filed a petition for discovery recount
17 may request that a redundant count be conducted in those
18 precincts in which the discovery recount is being conducted.
19 The additional costs of a redundant count shall be borne by
20 the requesting party.
21 The log of the computer operator and all materials
22 retained by the election authority in relation to vote
23 tabulation and canvass shall be made available for any
24 discovery recount or election contest.
25 (Source: P.A. 89-394, eff. 1-1-97.)
26 Section 90. The State Mandates Act is amended by adding
27 Section 8.23 as follows:
28 (30 ILCS 805/8.23 new)
29 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
30 and 8 of this Act, no reimbursement by the State is required
31 for the implementation of any mandate created by this
32 amendatory Act of the 91st General Assembly.