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91_SB0028
LRB9100059JMtm
1 AN ACT to amend the Election Code by changing Section
2 24A-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Section 24A-10 as follows:
7 (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
8 Sec. 24A-10. (1) In an election jurisdiction which has
9 adopted an electronic voting system, the election official in
10 charge of the election shall select one or any combination of
11 the 3 following procedures for receiving, counting, tallying,
12 and return of the ballots:
13 (a) Two ballot boxes shall be provided for each polling
14 place. The first ballot box is for the depositing of votes
15 cast on the electronic voting system; and the second ballot
16 box is for all votes cast on paper ballots, including
17 absentee paper ballots and any other paper ballots required
18 to be voted other than on the electronic voting system.
19 Ballots, except absentee ballots for candidates and
20 propositions which are listed on the electronic voting
21 system, deposited in the second ballot box shall be counted,
22 tallied, and returned as is elsewhere provided in "The
23 Election Code," as amended, for the counting and handling of
24 paper ballots. Immediately after the closing of the polls the
25 absentee ballots delivered to the precinct judges of election
26 by the election official in charge of the election shall be
27 examined to determine that such ballots comply with Sections
28 19--9 and 20--9 of "The Election Code," as amended, and are
29 entitled to be deposited in the ballot box provided therefor;
30 those entitled to be deposited in this ballot box shall be
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1 initialed by the precinct judges of election and deposited
2 therein. Those not entitled to be deposited in this ballot
3 box shall be marked "Rejected" and disposed of as provided in
4 Sections 19--9 and 20--9. The precinct judges of election
5 shall then open the second ballot box and examine all paper
6 absentee ballots which are in the ballot box to determine
7 whether the absentee ballots bear the initials of a precinct
8 judge of election. If any absentee ballot is not so
9 initialed, it shall be marked on the back "Defective,"
10 initialed as to such label by all judges immediately under
11 such word "Defective," and not counted, but placed in the
12 envelope provided for that purpose labeled "Defective Ballots
13 Envelope." The judges of election, consisting in each case of
14 at least one judge of election of each of the two major
15 political parties, shall examine the paper absentee ballots
16 which were in such ballot box and properly initialed so as to
17 determine whether the same contain write-in votes. Write-in
18 votes, not causing an overvote for an office otherwise voted
19 for on the paper absentee ballot, and otherwise properly
20 voted, shall be counted, tallied and recorded on the tally
21 sheet provided for such record. A write-in vote causing an
22 overvote for an office shall not be counted for that office,
23 but the precinct judges shall mark such paper absentee ballot
24 "Objected To" on the back thereof and write on its back the
25 manner in which such ballot is counted and initial the same.
26 An overvote for one office shall invalidate only the vote or
27 count of that particular office. After counting, tallying and
28 recording the write-in votes on absentee ballots, the judges
29 of election, consisting in each case of at least one judge of
30 election of each of the two major political parties, shall
31 make a true duplicate ballot of the remaining valid votes on
32 each paper absentee ballot which was in the ballot box and
33 properly initialed, by using the electronic voting system
34 used in the precinct and one of the marking devices of the
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1 precinct so as to transfer the remaining valid votes of the
2 voter on the paper absentee ballot to an official ballot or a
3 ballot card of that kind used in the precinct at that
4 election. The original paper absentee ballot shall be clearly
5 labeled "Absentee Ballot" and the ballot card so produced
6 "Duplicate Absentee Ballot," and each shall bear the same
7 serial number which shall be placed thereon by the judges of
8 election, commencing with number 1 and continuing
9 consecutively for the ballots of that kind in that precinct.
10 The judges of election shall initial the "Duplicate Absentee
11 Ballot" ballots or ballot cards and shall place them in the
12 first ballot box provided for return of the ballots to be
13 counted at the central counting location in lieu of the paper
14 absentee ballots. The paper absentee ballots shall be placed
15 in an envelope provided for that purpose labeled "Duplicate
16 Ballots."
17 As soon as the absentee ballots have been deposited in
18 the first ballot box, the judges of election shall make out a
19 slip indicating the number of persons who voted in the
20 precinct at the election. Such slip shall be signed by all
21 the judges of election and shall be inserted by them in the
22 first ballot box. The judges of election shall thereupon
23 immediately lock the first ballot box; provided, that if such
24 box is not of a type which may be securely locked, such box
25 shall be sealed with filament tape provided for such purpose
26 which shall be wrapped around the box lengthwise and
27 crosswise, at least twice each way, and in such manner that
28 the seal completely covers the slot in the ballot box, and
29 each of the judges shall sign such seal. Thereupon two of the
30 judges of election, of different political parties, shall
31 forthwith and by the most direct route transport both ballot
32 boxes to the counting location designated by the county clerk
33 or board of election commissioners.
34 Before the ballots of a precinct are fed to the
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1 electronic tabulating equipment, the first ballot box shall
2 be opened at the central counting station by the two precinct
3 transport judges. Upon opening a ballot box, such team shall
4 first count the number of ballots in the box. If 2 or more
5 are folded together so as to appear to have been cast by the
6 same person, all of the ballots so folded together shall be
7 marked and returned with the other ballots in the same
8 condition, as near as may be, in which they were found when
9 first opened, but shall not be counted. If the remaining
10 ballots are found to exceed the number of persons voting in
11 the precinct as shown by the slip signed by the judges of
12 election, the ballots shall be replaced in the box, and the
13 box closed and well shaken and again opened and one of the
14 precinct transport judges shall publicly draw out so many
15 ballots unopened as are equal to such excess.
16 Such excess ballots shall be marked "Excess-Not Counted"
17 and signed by the two precinct transport judges and shall be
18 placed in the "After 7:00 p.m. Defective Ballots Envelope".
19 The number of excess ballots shall be noted in the remarks
20 section of the Certificate of Results. "Excess" ballots shall
21 not be counted in the total of "defective" ballots.
22 The precinct transport judges shall then examine the
23 remaining ballots for write-in votes and shall count and
24 tabulate the write-in vote; or
25 (b) A single ballot box, for the deposit of all votes
26 cast, shall be used. All ballots which are not to be
27 tabulated on the electronic voting system shall be counted,
28 tallied, and returned as elsewhere provided in "The Election
29 Code," as amended, for the counting and handling of paper
30 ballots.
31 All ballots to be processed and tabulated with the
32 electronic voting system shall be processed as follows:
33 Immediately after the closing of the polls the absentee
34 ballots delivered to the precinct judges of election by the
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1 election official in charge of the election shall be examined
2 to determine that such ballots comply with Sections 19--9 and
3 20--9 of "The Election Code," as amended, and are entitled to
4 be deposited in the ballot box; those entitled to be
5 deposited in the ballot box shall be initialed by the
6 precinct judges of election and deposited in the ballot box.
7 Those not entitled to be deposited in the ballot box shall be
8 marked "Rejected" and disposed of as provided in said
9 Sections 19--9 and 20--9. The precinct judges of election
10 then shall open the ballot box and canvass the votes polled
11 to determine that the number of ballots therein agree with
12 the number of voters voting as shown by the applications for
13 ballot or if the same do not agree the judges of election
14 shall make such ballots agree with the applications for
15 ballot in the manner provided by Section 17--18 of "The
16 Election Code." The judges of election shall then examine all
17 paper absentee ballots, ballot cards and ballot card
18 envelopes which are in the ballot box to determine whether
19 the paper ballots, ballot cards and ballot card envelopes
20 bear the initials of a precinct judge of election. If any
21 paper ballot, ballot card or ballot card envelope is not
22 initialed, it shall be marked on the back "Defective,"
23 initialed as to such label by all judges immediately under
24 such word "Defective," and not counted, but placed in the
25 envelope provided for that purpose labeled "Defective Ballots
26 Envelope." The judges of election, consisting in each case of
27 at least one judge of election of each of the two major
28 political parties, shall examine the paper absentee ballots
29 which were in the ballot box and properly initialed so as to
30 determine whether the same contain write-in votes. Write-in
31 votes, not causing an overvote for an office otherwise voted
32 for on the paper absentee ballot, and otherwise properly
33 voted, shall be counted, tallied and recorded on the tally
34 sheet provided for such record. A write-in vote causing an
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1 overvote for an office shall not be counted for that office,
2 but the precinct judges shall mark such paper absentee ballot
3 "Objected To" on the back thereof and write on its back the
4 manner in which such ballot is counted and initial the same.
5 An overvote for one office shall invalidate only the vote or
6 count of that particular office. After counting, tallying and
7 recording the write-in votes on absentee ballots, the judges
8 of election, consisting in each case of at least one judge of
9 election of each of the two major political parties, shall
10 make a true duplicate ballot of the remaining valid votes on
11 each paper absentee ballot which was in the ballot box and
12 properly initialed, by using the electronic voting system
13 used in the precinct and one of the marking devices of the
14 precinct so as to transfer the remaining valid votes of the
15 voter on the paper absentee ballot to an official ballot or a
16 ballot card of that kind used in the precinct at that
17 election. The original paper absentee ballot shall be clearly
18 labeled "Absentee Ballot" and the ballot card so produced
19 "Duplicate Absentee Ballot," and each shall bear the same
20 serial number which shall be placed thereon by the judges of
21 election, commencing with number 1 and continuing
22 consecutively for the ballots of that kind in that precinct.
23 The judges of election shall initial the "Duplicate Absentee
24 Ballot" ballots or ballot cards, and shall place them in the
25 box for return of the ballots with all other ballots or
26 ballot cards to be counted at the central counting location
27 in lieu of the paper absentee ballots. The paper absentee
28 ballots shall be placed in an envelope provided for that
29 purpose labeled "Duplicate Ballots."
30 When an electronic voting system is used which utilizes a
31 ballot card, before separating the remaining ballot cards
32 from their respective covering envelopes, the judges of
33 election shall examine the ballot card envelopes for write-in
34 votes. When the voter has voted a write-in vote, the judges
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1 of election shall compare the write-in vote with the votes on
2 the ballot card to determine whether such write-in results in
3 an overvote for any office. In case of an overvote for any
4 office, the judges of election, consisting in each case of at
5 least one judge of election of each of the two major
6 political parties, shall make a true duplicate ballot of all
7 votes on such ballot card except for the office which is
8 overvoted, by using the ballot label booklet of the precinct
9 and one of the marking devices of the precinct so as to
10 transfer all votes of the voter except for the office
11 overvoted, to an official ballot card of that kind used in
12 the precinct at that election. The original ballot card and
13 envelope upon which there is an overvote shall be clearly
14 labeled "Overvoted Ballot", and each shall bear the same
15 serial number which shall be placed thereon by the judges of
16 election, commencing with number 1 and continuing
17 consecutively for the ballots of that kind in that precinct.
18 The judges of election shall initial the "Duplicate Overvoted
19 Ballot" ballot cards and shall place them in the box for
20 return of the ballots. The "Overvoted Ballot" ballots and
21 their envelopes shall be placed in the "Duplicate Ballots"
22 envelope. Envelopes bearing write-in votes marked in the
23 place designated therefor and bearing the initials of a
24 precinct judge of election and not resulting in an overvote
25 and otherwise complying with the election laws as to marking
26 shall be counted, tallied, and their votes recorded on a
27 tally sheet provided by the election official in charge of
28 the election. The ballot cards and ballot card envelopes
29 shall be separated and all except any defective or overvoted
30 shall be placed separately in the box for return of the
31 ballots, along with all "Duplicate Absentee Ballots," and
32 "Duplicate Overvoted Ballots." The judges of election shall
33 examine the ballots and ballot cards to determine if any is
34 damaged or defective so that it cannot be counted by the
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1 automatic tabulating equipment. If any ballot or ballot card
2 is damaged or defective so that it cannot properly be counted
3 by the automatic tabulating equipment, the judges of
4 election, consisting in each case of at least one judge of
5 election of each of the two major political parties, shall
6 make a true duplicate ballot of all votes on such ballot card
7 by using the ballot label booklet of the precinct and one of
8 the marking devices of the precinct. The original ballot or
9 ballot card and envelope shall be clearly labeled "Damaged
10 Ballot" and the ballot or ballot card so produced "Duplicate
11 Damaged Ballot," and each shall bear the same number which
12 shall be placed thereon by the judges of election, commencing
13 with number 1 and continuing consecutively for the ballots of
14 that kind in the precinct. The judges of election shall
15 initial the "Duplicate Damaged Ballot" ballot or ballot
16 cards, and shall place them in the box for return of the
17 ballots. The "Damaged Ballot" ballots or ballot cards and
18 their envelopes shall be placed in the "Duplicated Ballots"
19 envelope. A slip indicating the number of voters voting in
20 person, number of absentee votes deposited in the ballot box,
21 and the total number of voters of the precinct who voted at
22 the election shall be made out, signed by all judges of
23 election, and inserted in the box for return of the ballots.
24 The tally sheets recording the write-in votes shall be placed
25 in this box. The judges of election thereupon immediately
26 shall securely lock the ballot box or other suitable box
27 furnished for return of the ballots by the election official
28 in charge of the election; provided that if such box is not
29 of a type which may be securely locked, such box shall be
30 sealed with filament tape provided for such purpose which
31 shall be wrapped around the box lengthwise and crosswise, at
32 least twice each way. A separate adhesive seal label signed
33 by each of the judges of election of the precinct shall be
34 affixed to the box so as to cover any slot therein and to
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1 identify the box of the precinct; and if such box is sealed
2 with filament tape as provided herein rather than locked,
3 such tape shall be wrapped around the box as provided herein,
4 but in such manner that the separate adhesive seal label
5 affixed to the box and signed by the judges may not be
6 removed without breaking the filament tape and disturbing the
7 signature of the judges. Thereupon, 2 of the judges of
8 election, of different major political parties, forthwith
9 shall by the most direct route transport the box for return
10 of the ballots and enclosed ballots and returns to the
11 central counting location designated by the election official
12 in charge of the election. If, however, because of the lack
13 of adequate parking facilities at the central counting
14 location or for any other reason, it is impossible or
15 impracticable for the boxes from all the polling places to be
16 delivered directly to the central counting location, the
17 election official in charge of the election may designate
18 some other location to which the boxes shall be delivered by
19 the 2 precinct judges. While at such other location the boxes
20 shall be in the care and custody of one or more teams, each
21 consisting of 4 persons, 2 from each of the two major
22 political parties, designated for such purpose by the
23 election official in charge of elections from recommendations
24 by the appropriate political party organizations. As soon as
25 possible, the boxes shall be transported from such other
26 location to the central counting location by one or more
27 teams, each consisting of 4 persons, 2 from each of the 2
28 major political parties, designated for such purpose by the
29 election official in charge of elections from recommendations
30 by the appropriate political party organizations.
31 The "Defective Ballots" envelope, and "Duplicated
32 Ballots" envelope each shall be securely sealed and the flap
33 or end thereof of each signed by the precinct judges of
34 election and returned to the central counting location with
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1 the box for return of the ballots, enclosed ballots and
2 returns.
3 At the central counting location, a team of tally judges
4 designated by the election official in charge of the election
5 shall check the box returned containing the ballots to
6 determine that all seals are intact, and thereupon shall open
7 the box, check the voters' slip and compare the number of
8 ballots so delivered against the total number of voters of
9 the precinct who voted, remove the ballots or ballot cards
10 and deliver them to the technicians operating the automatic
11 tabulating equipment. Any discrepancies between the number
12 of ballots and total number of voters shall be noted on a
13 sheet furnished for that purpose and signed by the tally
14 judges; or
15 (c) A single ballot box, for the deposit of all votes
16 cast, shall be used. Immediately after the closing of the
17 polls the judges of election shall examine the absentee
18 ballots received by the precinct judges of election from the
19 election authority of voters in that precinct to determine
20 that they comply with the provisions of Sections 19-9, 20-8
21 and 20-9 of the Election Code, as amended, and are entitled
22 to be deposited in the ballot box; those entitled to be
23 deposited in the ballot box shall be initialed by the
24 precinct judges and deposited in the ballot box. Those not
25 entitled to be deposited in the ballot box, in accordance
26 with Sections 19-9, 20-8 and 20-9 of the Election Code, as
27 amended, shall be marked "Rejected" and preserved in the
28 manner provided in The Election Code for the retention and
29 preservation of official ballots rejected at such election.
30 Immediately upon the completion of the absentee balloting,
31 the precinct judges of election shall securely lock the
32 ballot box; provided that if such box is not of a type which
33 may be securely locked, such box shall be sealed with
34 filament tape provided for such purpose which shall be
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1 wrapped around the box lengthwise and crosswise, at least
2 twice each way. A separate adhesive seal label signed by each
3 of the judges of election of the precinct shall be affixed to
4 the box so as to cover any slot therein and to identify the
5 box of the precinct; and if such box is sealed with filament
6 tape as provided herein rather than locked, such tape shall
7 be wrapped around the box as provided herein, but in such
8 manner that the separate adhesive seal label affixed to the
9 box and signed by the judges may not be removed without
10 breaking the filament tape and disturbing the signature of
11 the judges. Thereupon, 2 of the judges of election, of
12 different major political parties, shall forthwith by the
13 most direct route transport the box for return of the ballots
14 and enclosed absentee ballots and returns to the central
15 counting location designated by the election official in
16 charge of the election. If however, because of the lack of
17 adequate parking facilities at the central counting location
18 or for some other reason, it is impossible or impracticable
19 for the boxes from all the polling places to be delivered
20 directly to the central counting location, the election
21 official in charge of the election may designate some other
22 location to which the boxes shall be delivered by the 2
23 precinct judges. While at such other location the boxes
24 shall be in the care and custody of one or more teams, each
25 consisting of 4 persons, 2 from each of the two major
26 political parties, designated for such purpose by the
27 election official in charge of elections from recommendations
28 by the appropriate political party organizations. As soon as
29 possible, the boxes shall be transported from such other
30 location to the central counting location by one or more
31 teams, each consisting of 4 persons, 2 from each of the 2
32 major political parties, designated for such purpose by the
33 election official in charge of the election from
34 recommendations by the appropriate political party
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1 organizations.
2 At the central counting location there shall be one or
3 more teams of tally judges who possess the same
4 qualifications as tally judges in election jurisdictions
5 using paper ballots. The number of such teams shall be
6 determined by the election authority. Each team shall
7 consist of 5 tally judges, 3 selected and approved by the
8 county board from a certified list furnished by the chairman
9 of the county central committee of the party with the
10 majority of members on the county board and 2 selected and
11 approved by the county board from a certified list furnished
12 by the chairman of the county central committee of the party
13 with the second largest number of members on the county
14 board. At the central counting location a team of tally
15 judges shall open the ballot box and canvass the votes polled
16 to determine that the number of ballot sheets therein agree
17 with the number of voters voting as shown by the applications
18 for ballot and for absentee ballot; and, if the same do not
19 agree, the tally judges shall make such ballots agree with
20 the number of applications for ballot in the manner provided
21 by Section 17-18 of the Election Code. The tally judges
22 shall then examine all ballot sheets which are in the ballot
23 box to determine whether they bear the initials of the
24 precinct judge of election. If any ballot is not initialed,
25 it shall be marked on the back "Defective", initialed as to
26 such label by all tally judges immediately under such word
27 "Defective", and not counted, but placed in the envelope
28 provided for that purpose labeled "Defective Ballots
29 Envelope". Write-in votes, not causing an overvote for an
30 office otherwise voted for on the absentee ballot sheet, and
31 otherwise properly voted, shall be counted, tallied and
32 recorded by the central counting location judges on the tally
33 sheet provided for such record. A write-in vote causing an
34 overvote for an office shall not be counted for that office,
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1 but the tally judges shall mark such absentee ballot sheet
2 "Objected To" on the back thereof and write on its back the
3 manner in which such ballot is counted and initial the same.
4 An overvote for one office shall invalidate only the vote or
5 count of that particular office.
6 At the central counting location, a team of tally judges
7 designated by the election official in charge of the election
8 shall deliver the ballot sheets to the technicians operating
9 the automatic tabulating equipment. Any discrepancies
10 between the number of ballots and total number of voters
11 shall be noted on a sheet furnished for that purpose and
12 signed by the tally judges.
13 (2) Regardless of which procedure described in
14 subsection (1) of this Section is used, the judges of
15 election designated to transport the ballots, properly signed
16 and sealed as provided herein, shall ensure that the ballots
17 are delivered to the central counting station no later than
18 12 hours after the polls close. At the central counting
19 station a team of tally judges designated by the election
20 official in charge of the election shall examine the ballots
21 so transported and shall not accept ballots for tabulating
22 which are not signed and sealed as provided in subsection (1)
23 of this Section until the judges transporting the same make
24 and sign the necessary corrections. Upon acceptance of the
25 ballots by a team of tally judges at the central counting
26 station, the election judges transporting the same shall take
27 a receipt signed by the election official in charge of the
28 election and stamped with the date and time of acceptance.
29 The election judges whose duty it is to transport any ballots
30 shall, in the event such ballots cannot be found when needed,
31 on proper request, produce the receipt which they are to take
32 as above provided.
33 (Source: P.A. 83-1362.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.