[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1452
LRB9111557JMmb
1 AN ACT to amend the Election Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55,
6 7-66, 15-6, 16-11, 17-43, 18-40, 19-15, 20-15, 24A-2,
7 24A-6.1, 24A-10.1, 24B-2, 24B-10.1, and 24B-20 as follows:
8 (10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
9 Sec. 7-19. The primary ballot of each political party for
10 each precinct shall be arranged and printed substantially in
11 the manner following:
12 1. Designating words. At the top of the ballot shall be
13 printed in large capital letters, words designating the
14 ballot, if a Republican ballot, the designating words shall
15 be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
16 designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and
17 in like manner for each political party.
18 2. Order of Names, Directions to Voters, etc. Beginning
19 not less than one inch below designating words, the name of
20 each office to be filled shall be printed in capital letters.
21 Such names may be printed on the ballot either in a single
22 column or in 2 or more columns and in the following order,
23 to-wit:
24 President of the United States, State offices,
25 congressional offices, delegates and alternate delegates to
26 be elected from the State at large to National nominating
27 conventions, delegates and alternate delegates to be elected
28 from congressional districts to National nominating
29 conventions, member or members of the State central
30 committee, trustees of sanitary districts, county offices,
31 judicial officers, city, village and incorporated town
-2- LRB9111557JMmb
1 offices, town offices, or of such of the said offices as
2 candidates are to be nominated for at such primary, and
3 precinct, township or ward committeemen. If two or more
4 columns are used, the foregoing offices to and including
5 member of the State central committee shall be listed in the
6 left-hand column and Senatorial offices, as defined in
7 Section 8-3, shall be the first offices listed in the second
8 column.
9 Below the name of each office shall be printed in small
10 letters the directions to voters: "Vote for one"; "Vote for
11 two"; "Vote for three"; or a spelled number designating how
12 many persons under that head are to be voted for.
13 Next to the name of each candidate for delegate or
14 alternate delegate to a national nominating convention shall
15 appear either (a) the name of the candidate's preference for
16 President of the United States or the word "uncommitted" or
17 (b) no official designation, depending upon the action taken
18 by the State central committee pursuant to Section 7-10.3 of
19 this Act.
20 Below the name of each office shall be printed in capital
21 letters the names of all candidates, arranged in the order in
22 which their petitions for nominations were filed, except as
23 otherwise provided in Sections 7-14 and 7-17 of this Article.
24 Opposite and in front of the name of each candidate shall be
25 printed a square and all squares upon the primary ballot
26 shall be of uniform size. Spaces between the names of
27 candidates under each office shall be uniform and sufficient
28 spaces shall separate the names of candidates for one office
29 from the names of candidates for another office, to avoid
30 confusion and to permit the writing in of the names of other
31 candidates.
32 Where voting machines or electronic voting systems are
33 used, the provisions of this Section may be modified as
34 required or authorized by Article 24, or Article 24A, or
-3- LRB9111557JMmb
1 Article 24B, whichever is applicable.
2 (Source: P.A. 83-33.)
3 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
4 Sec. 7-46. On receiving from the primary judges a primary
5 ballot of his party, the primary elector shall forthwith and
6 without leaving the polling place, retire alone to one of the
7 voting booths and prepare such primary ballot by marking a
8 cross (X) in the square in front of and opposite the name of
9 each candidate of his choice for each office to be filled,
10 and for delegates and alternate delegates to national
11 nominating conventions, and for committeemen, if committeemen
12 are being elected at such primary.
13 Any primary elector may, instead of voting for any
14 candidate for nomination or for committeeman or for delegate
15 or alternate delegate to national nominating conventions,
16 whose name is printed on the primary ballot, write in the
17 name of any other person affiliated with such party as a
18 candidate for the nomination for any office, or for
19 committeeman, or for delegates or alternate delegates to
20 national nominating conventions, and indicate his choice of
21 such candidate or committeeman or delegate or alternate
22 delegate, by placing to the left of and opposite the name
23 thus written a square and placing in the square a cross (X).
24 Where voting machines or electronic voting systems are
25 used, the provisions of this Section may be modified as
26 required or authorized by Article 24, or Article 24A, or
27 Article 24B, whichever is applicable.
28 (Source: Laws 1965, p. 2220.)
29 (10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
30 Sec. 7-47. Before leaving the booth, the primary elector
31 shall fold his primary ballot in such manner as to conceal
32 the marks thereon. Such voter shall then vote forthwith by
-4- LRB9111557JMmb
1 handing the primary judge the primary ballot received by such
2 voter. Thereupon the primary judge shall deposit such primary
3 ballot in the ballot box. One of the judges shall thereupon
4 enter in the primary poll book the name of the primary
5 elector, his residence and his party affiliation or shall
6 make the entries on the official poll record as required by
7 Articles 4, 5 and 6, if any one of them is applicable.
8 Where voting machines or electronic voting systems are
9 used, the provisions of this Section may be modified as
10 required or authorized by Article 24, or Article 24A, or
11 Article 24B, whichever is applicable.
12 (Source: Laws 1965, p. 2220.)
13 (10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
14 Sec. 7-49. After the opening of the polls at a primary no
15 adjournment shall be had nor recess taken until the canvass
16 of all the votes is completed and the returns carefully
17 enveloped and sealed.
18 Where voting machines or electronic voting systems are
19 used, the provisions of this Section may be modified as
20 required or authorized by Article 24, or Article 24A, or
21 Article 24B, whichever is applicable.
22 (Source: Laws 1965, p. 2220.)
23 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
24 Sec. 7-52. Immediately upon closing the polls, the
25 primary judges shall proceed to canvass the votes in the
26 manner following:
27 (1) They shall separate and count the ballots of each
28 political party.
29 (2) They shall then proceed to ascertain the number of
30 names entered on the applications for ballot under each party
31 affiliation.
32 (3) If the primary ballots of any political party exceed
-5- LRB9111557JMmb
1 the number of applications for ballot by voters of such
2 political party, the primary ballots of such political party
3 shall be folded and replaced in the ballot box, the box
4 closed, well shaken and again opened and one of the primary
5 judges, who shall be blindfolded, shall draw out so many of
6 the primary ballots of such political party as shall be equal
7 to such excess. Such excess ballots shall be marked
8 "Excess-Not Counted" and signed by a majority of the judges
9 and shall be placed in the "After 6:00 p.m. Defective Ballots
10 Envelope". The number of excess ballots shall be noted in the
11 remarks section of the Certificate of Results. "Excess"
12 ballots shall not be counted in the total of "defective"
13 ballots;
14 (4) The primary judges shall then proceed to count the
15 primary ballots of each political party separately; and as
16 the primary judges shall open and read the primary ballots, 3
17 of the judges shall carefully and correctly mark upon
18 separate tally sheets the votes which each candidate of the
19 party whose name is written or printed on the primary ballot
20 has received, in a separate column for that purpose, with the
21 name of such candidate, the name of his political party and
22 the name of the office for which he is a candidate for
23 nomination at the head of such column.
24 Where voting machines or electronic voting systems are
25 used, the provisions of this Section may be modified as
26 required or authorized by Article 24, or Article 24A, or
27 Article 24B, whichever is applicable.
28 (Source: P.A. 80-484.)
29 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
30 Sec. 7-53. As soon as the ballots of a political party
31 shall have been read and the votes of the political party
32 counted, as provided in the last above section, the 3 judges
33 in charge of the tally sheets shall foot up the tally sheets
-6- LRB9111557JMmb
1 so as to show the total number of votes cast for each
2 candidate of the political party and for each candidate for
3 State Central committeeman and precinct committeeman,
4 township committeeman or ward committeeman, and delegate and
5 alternate delegate to National nominating conventions, and
6 certify the same to be correct. Thereupon, the primary judges
7 shall set down in a certificate of results on the tally
8 sheet, under the name of the political party, the name of
9 each candidate voted for upon the primary ballot, written at
10 full length, the name of the office for which he is a
11 candidate for nomination or for committeeman, or delegate or
12 alternate delegate to National nominating conventions, the
13 total number of votes which the candidate received, and they
14 shall also set down the total number of ballots voted by the
15 primary electors of the political party in the precinct. The
16 certificate of results shall be made substantially in the
17 following form:
18 ................ Party
19 At the primary election held in the .... precinct of the
20 (1) *township of ...., or (2) *City of ...., or (3) *....
21 ward in the city of .... on (insert date), the primary
22 electors of the .... party voted .... ballots, and the
23 respective candidates whose names were written or printed on
24 the primary ballot of the .... party, received respectively
25 the following votes:
26 Name of No. of
27 Candidate, Title of Office, Votes
28 John Jones Governor 100
29 Sam Smith Governor 70
30 Frank Martin Attorney General 150
31 William Preston Rep. in Congress 200
32 Frederick John Circuit Judge 50
33 *Fill in either (1), (2) or (3).
34 And so on for each candidate.
-7- LRB9111557JMmb
1 We hereby certify the above and foregoing to be true and
2 correct.
3 Dated (insert date).
4 ...................................
5 Name Address
6 ...................................
7 Name Address
8 ...................................
9 Name Address
10 ...................................
11 Name Address
12 ...................................
13 Name Address
14 Judges of Primary
15 Where voting machines or electronic voting systems are
16 used, the provisions of this Section may be modified as
17 required or authorized by Article 24, and Article 24A, or
18 Article 24B, whichever is applicable.
19 (Source: P.A. 91-357, eff. 7-29-99.)
20 (10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
21 Sec. 7-54. After the votes of a political party have been
22 counted and set down and the tally sheets footed and the
23 entry made in the primary poll books or return, as above
24 provided, all the primary ballots of said political party,
25 except those marked "defective" or "objected to" shall be
26 securely bound, lengthwise and in width, with a soft cord
27 having a minimum tensile strength of 60 pounds separately for
28 each political party in the order in which said primary
29 ballots have been read, and shall thereupon be carefully
30 sealed in an envelope, which envelope shall be endorsed as
31 follows:
32 "Primary ballots of the.... party of the.... precinct of
33 the county of.... and State of Illinois."
-8- LRB9111557JMmb
1 Below each endorsement, each primary judge shall write
2 his name.
3 Immediately thereafter the judges shall designate one of
4 their number to go to the nearest telephone and report to the
5 office of the county clerk or board of election commissioners
6 (as the case may be) the results of such primary. Such clerk
7 or board shall keep his or its office open after the close of
8 the polls until he or it has received from each precinct
9 under his or its jurisdiction the report above provided for.
10 Immediately upon receiving such report such clerk or board
11 shall cause the same to be posted in a public place in his or
12 its office for inspection by the public. Immediately after
13 making such report such judge shall return to the polling
14 place.
15 Where voting machines or electronic voting systems are
16 used, the provisions of this Section may be modified as
17 required or authorized by Article 24, or Article 24A, or
18 Article 24B, whichever is applicable.
19 (Source: P.A. 81-1433.)
20 (10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
21 Sec. 7-55. The primary poll books or the official poll
22 record, and the tally sheets with the certificates of the
23 primary judges written thereon, together with the envelopes
24 containing the ballots, including the envelope containing the
25 ballots marked "defective" or "objected to", shall be
26 carefully enveloped and sealed up together, properly
27 endorsed, and the primary judges shall elect 2 judges (one
28 from each of the major political parties), who shall
29 immediately deliver the same to the clerk from whom the
30 primary ballots were obtained, which clerk shall safely keep
31 the same for 2 months, and thereafter shall safely keep the
32 poll books until the next primary. Each election authority
33 shall keep the office of the election authority, or any
-9- LRB9111557JMmb
1 receiving stations designated by such authority, open for at
2 least 12 consecutive hours after the polls close, or until
3 the judges of each precinct under the jurisdiction of the
4 election authority have delivered to the election authority
5 all the above materials sealed up together and properly
6 endorsed as provided herein. Materials delivered to the
7 election authority which are not in the condition required by
8 this Section shall not be accepted by the election authority
9 until the judges delivering the same make and sign the
10 necessary corrections. Upon acceptance of the materials by
11 the election authority, the judges delivering the same shall
12 take a receipt signed by the election authority and stamped
13 with the time and date of such delivery. The election judges
14 whose duty it is to deliver any materials as above provided
15 shall, in the event such materials cannot be found when
16 needed, on proper request, produce the receipt which they are
17 to take as above provided.
18 The county clerk or board of election commissioners shall
19 deliver a copy of each tally sheet to the county chairmen of
20 the two largest political parties.
21 Where voting machines or electronic voting systems are
22 used, the provisions of this Section may be modified as
23 required or authorized by Article 24, and Article 24A, or
24 Article 24B, whichever is applicable.
25 (Source: P.A. 83-764.)
26 (10 ILCS 5/7-66)
27 Sec. 7-66. Electronic voting systems; precinct
28 tabulation optical scan technology voting equipment.
29 If the election authority has adopted the use of
30 electronic voting systems pursuant to Article 24A of this
31 Code or Precinct Tabulation Optical Scan Technology voting
32 equipment pursuant to Article 24B of this Code, and the
33 provisions of those Articles the Article are in conflict with
-10- LRB9111557JMmb
1 the provisions of this Article 7, the provisions of Article
2 24A or Article 24B, as the case may be, shall govern the
3 procedures followed by the election authority, its judges of
4 elections, and all employees and agents. In following the
5 provisions of Article 24A or Article 24B, the election
6 authority is authorized to develop and implement procedures
7 to fully utilize electronic voting systems or Precinct
8 Tabulation Optical Scan Technology voting equipment
9 authorized by the State Board of Elections as long as the
10 procedure is not in conflict with Article 24A, either Article
11 24B, or the administrative rules of the State Board of
12 Elections.
13 (Source: P.A. 89-394, eff. 1-1-97.)
14 (10 ILCS 5/15-6)
15 Sec. 15-6. Electronic voting systems; precinct
16 tabulation optical scan technology voting equipment.
17 If the election authority has adopted the use of
18 electronic voting systems pursuant to Article 24A of this
19 Code or Precinct Tabulation Optical Scan Technology voting
20 equipment pursuant to Article 24B of this Code, and the
21 provisions of those Articles the Article are in conflict with
22 the provisions of this Article 15, the provisions of Article
23 24A or Article 24B, as the case may be, shall govern the
24 procedures followed by the election authority, its judges of
25 elections, and all employees and agents. In following the
26 provisions of Article 24A or Article 24B, the election
27 authority is authorized to develop and implement procedures
28 to fully utilize electronic voting systems or Precinct
29 Tabulation Optical Scan Technology voting equipment
30 authorized by the State Board of Elections as long as the
31 procedure is not in conflict with either Article 24A, Article
32 24B, or the administrative rules of the State Board of
33 Elections.
-11- LRB9111557JMmb
1 (Source: P.A. 89-394, eff. 1-1-97.)
2 (10 ILCS 5/16-11)
3 Sec. 16-11. Electronic voting systems; precinct
4 tabulation optical scan technology voting equipment.
5 If the election authority has adopted the use of
6 electronic voting systems pursuant to Article 24A of this
7 Code or Precinct Tabulation Optical Scan Technology voting
8 equipment pursuant to Article 24B of this Code, and the
9 provisions of those Articles the Article are in conflict with
10 the provisions of this Article 16, the provisions of Article
11 24A or Article 24B, as the case may be, shall govern the
12 procedures followed by the election authority, its judges of
13 elections, and all employees and agents. In following the
14 provisions of Article 24A or Article 24B, the election
15 authority is authorized to develop and implement procedures
16 to fully utilize electronic voting systems or Precinct
17 Tabulation Optical Scan Technology voting equipment
18 authorized by the State Board of Elections as long as the
19 procedure is not in conflict with Article 24A, either Article
20 24B, or the administrative rules of the State Board of
21 Elections.
22 (Source: P.A. 89-394, eff. 1-1-97.)
23 (10 ILCS 5/17-43)
24 Sec. 17-43. Electronic voting systems; precinct
25 tabulation optical scan technology voting equipment.
26 If the election authority has adopted the use of
27 electronic voting systems pursuant to Article 24A of this
28 Code or Precinct Tabulation Optical Scan Technology voting
29 equipment pursuant to Article 24B of this Code, and the
30 provisions of those Articles the Article are in conflict with
31 the provisions of this Article 17, the provisions of Article
32 24A or Article 24B, as the case may be, shall govern the
-12- LRB9111557JMmb
1 procedures followed by the election authority, its judges of
2 elections, and all employees and agents. In following the
3 provisions of Article 24A or Article 24B, the election
4 authority is authorized to develop and implement procedures
5 to fully utilize electronic voting systems or Precinct
6 Tabulation Optical Scan Technology voting equipment
7 authorized by the State Board of Elections as long as the
8 procedure is not in conflict with Article 24A, either Article
9 24B, or the administrative rules of the State Board of
10 Elections.
11 (Source: P.A. 89-394, eff. 1-1-97.)
12 (10 ILCS 5/18-40)
13 Sec. 18-40. Electronic voting systems; precinct
14 tabulation optical scan technology voting equipment.
15 If the election authority has adopted the use of
16 electronic voting systems pursuant to Article 24A of this
17 Code or Precinct Tabulation Optical Scan Technology voting
18 equipment pursuant to Article 24B of this Code, and the
19 provisions of those Articles the Article are in conflict with
20 the provisions of this Article 18, the provisions of Article
21 24A or Article 24B, as the case may be, shall govern the
22 procedures followed by the election authority, its judges of
23 elections, and all employees and agents. In following the
24 provisions of Article 24A or Article 24B, the election
25 authority is authorized to develop and implement procedures
26 to fully utilize electronic voting systems or Precinct
27 Tabulation Optical Scan Technology voting equipment
28 authorized by the State Board of Elections as long as the
29 procedure is not in conflict with Article 24A, either Article
30 24B, or the administrative rules of the State Board of
31 Elections.
32 (Source: P.A. 89-394, eff. 1-1-97.)
-13- LRB9111557JMmb
1 (10 ILCS 5/19-15)
2 Sec. 19-15. Electronic voting systems; precinct
3 tabulation optical scan technology voting equipment.
4 If the election authority has adopted the use of
5 electronic voting systems pursuant to Article 24A of this
6 Code or Precinct Tabulation Optical Scan Technology voting
7 equipment pursuant to Article 24B of this Code, and the
8 provisions of those Articles the Article are in conflict with
9 the provisions of this Article 19, the provisions of Article
10 24A or Article 24B, as the case may be, shall govern the
11 procedures followed by the election authority, its judges of
12 elections, and all employees and agents. In following the
13 provisions of Article 24A or Article 24B, the election
14 authority is authorized to develop and implement procedures
15 to fully utilize electronic voting systems or Precinct
16 Tabulation Optical Scan Technology voting equipment
17 authorized by the State Board of Elections as long as the
18 procedure is not in conflict with Article 24A, either Article
19 24B, or the administrative rules of the State Board of
20 Elections.
21 (Source: P.A. 89-394, eff. 1-1-97.)
22 (10 ILCS 5/20-15)
23 Sec. 20-15. Electronic voting systems; precinct
24 tabulation optical scan technology voting equipment.
25 If the election authority has adopted the use of
26 electronic voting systems pursuant to Article 24A of this
27 Code or Precinct Tabulation Optical Scan Technology voting
28 equipment pursuant to Article 24B of this Code, and the
29 provisions of those Articles the Article are in conflict with
30 the provisions of this Article 20, the provisions of Article
31 24A or Article 24B, as the case may be, shall govern the
32 procedures followed by the election authority, its judges of
33 elections, and all employees and agents. In following the
-14- LRB9111557JMmb
1 provisions of Article 24A or Article 24B, the election
2 authority is authorized to develop and implement procedures
3 to fully utilize electronic voting systems or Precinct
4 Tabulation Optical Scan Technology voting equipment
5 authorized by the State Board of Elections as long as the
6 procedure is not in conflict with Article 24A, either Article
7 24B, or the administrative rules of the State Board of
8 Elections.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/24A-2) (from Ch. 46, par. 24A-2)
11 Sec. 24A-2. As used in this Article:
12 "Computer", "Automatic tabulating equipment" or
13 "equipment" includes apparatus necessary to automatically
14 examine and count votes as designated on ballots, and data
15 processing machines which can be used for counting ballots
16 and tabulating results.
17 "Ballot card" means a ballot which is voted by the
18 process of punching.
19 "Ballot configuration" means the particular combination
20 of political subdivision ballots including, for each
21 political subdivision, the particular combination of offices,
22 candidate names and ballot position numbers for each
23 candidate and question as it appears for each group of voters
24 who may cast the same ballot.
25 "Ballot labels" means the cards, papers, booklet, pages
26 or other material containing the names of officers and
27 candidates and statements of measures to be voted on.
28 "Ballot sheet" means a paper ballot printed on one or
29 both sides which is (1) designed and prepared so that the
30 voter may indicate his or her votes in designated areas,
31 which must be enclosed areas clearly printed or otherwise
32 delineated for such purpose, and (2) capable of having votes
33 marked in the designated areas automatically examined,
-15- LRB9111557JMmb
1 counted, and tabulated by an electronic scanning process.
2 "Ballot" may include ballot cards, ballot labels and
3 paper ballots.
4 "Separate ballot", with respect to ballot sheets, means a
5 separate portion of the ballot sheet in which the color of
6 the ink used in printing that portion of the ballot sheet is
7 distinct from the color of the ink used in printing any other
8 portion of the ballot sheet.
9 "Column" in an electronic voting system which utilizes a
10 ballot card means a space on a ballot card for punching the
11 voter's vote arranged in a row running lengthwise on the
12 ballot card.
13 "Central Counting" means the counting of ballots in one
14 or more locations selected by the election authority for the
15 processing or counting, or both, of ballots. A location for
16 central counting shall be within the territorial jurisdiction
17 of such election authority unless there is no suitable
18 tabulating equipment available within his territorial
19 jurisdiction. However, in any event a counting location shall
20 be within this State.
21 "In-precinct counting" means the counting of ballots on
22 automatic tabulating equipment provided by the election
23 authority in the same precinct polling place in which those
24 ballots have been cast.
25 "Computer operator" means any person or persons
26 designated by the election authority to operate the automatic
27 tabulating equipment during any portion of the vote tallying
28 process in an election, but shall not include judges of
29 election operating vote tabulating equipment in the precinct.
30 "Computer program" or "program" means the set of
31 operating instructions for the automatic tabulating equipment
32 by which it examines, counts, tabulates, canvasses and prints
33 votes recorded by a voter on a ballot card or other medium.
34 "Edit listing" means a computer generated listing of the
-16- LRB9111557JMmb
1 names and ballot position numbers for each candidate and
2 proposition as they appear in the program for each precinct.
3 "Voting System" or "Electronic Voting System" means that
4 combination of equipment and programs used in the casting,
5 examination and tabulation of ballots and the cumulation and
6 reporting of results by electronic means.
7 "Header card" or "program card" means a data processing
8 card which is coded to indicate to the computer the precinct
9 identity of the ballot cards that will follow immediately and
10 may indicate to the computer how such ballot cards are to be
11 tabulated.
12 "Marking device" means either an apparatus in which
13 ballots or ballot cards are inserted and used in connection
14 with a punch apparatus for the piercing of ballots by the
15 voter, or any approved device for marking a paper ballot with
16 ink or other substance which will enable the ballot to be
17 tabulated by means of automatic tabulating equipment or by an
18 electronic scanning process.
19 "Redundant count" means a verification of the original
20 computer count by another count using compatible equipment or
21 by hand as part of a discovery recount.
22 "Security punch" means a punch placed on a ballot card to
23 identify to the computer program the offices and propositions
24 for which votes may be cast and to indicate the manner in
25 which votes cast should be tabulated while negating any
26 inadmissable votes.
27 "Voting defect" means an overvoted ballot, a ballot that
28 cannot be read by automatic tabulating equipment, or a ballot
29 that does not contain the initials of a judge of election.
30 "Voting defect identification" means the capability to
31 detect ballots that contain a voting defect.
32 (Source: P.A. 86-867.)
33 (10 ILCS 5/24A-6.1) (from Ch. 46, par. 24A-6.1)
-17- LRB9111557JMmb
1 Sec. 24A-6.1. In all elections conducted pursuant to
2 this Article, ballot cards shall have a security punch. In
3 precincts where more than one ballot configuration may be
4 voted upon, ballot cards shall have a different security
5 punch for each ballot configuration. If a precinct has only
6 one possible ballot configuration, the ballot cards must have
7 a security punch to identify the election. Where ballot
8 cards from more than one precinct are being tabulated,
9 precinct header cards or program cards shall also be used:
10 official results shall not be generated unless the precinct
11 identification of the header cards or program cards for any
12 precinct correspond. Where the tabulating equipment being
13 used requires entering the program immediately prior to
14 tabulating the ballot cards for each precinct, the precinct
15 program may be used in lieu of header cards.
16 (Source: P.A. 82-1014.)
17 (10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1)
18 Sec. 24A-10.1. In an election jurisdiction where
19 in-precinct counting equipment is utilized, the following
20 procedures for counting and tallying the ballots shall apply:
21 (a) If the in-precinct automatic tabulating equipment
22 has the capability to identify voting defects, the elections
23 authority may develop and implement procedures to use one or
24 more of the following options:
25 (1) The in-precinct counting equipment may be set
26 to reject and return any ballot that does not contain a
27 judge's initial in the area required by this Code.
28 Unless the judges of election have reason to believe that
29 some error, irregularity, or fraud has occurred affecting
30 the integrity of the ballot, the ballot shall then be
31 initialed by one of the judges of election and
32 re-inserted into the automatic tabulating equipment.
33 Otherwise, the ballot shall be considered a "Spoiled
-18- LRB9111557JMmb
1 Ballot" and treated as such under the provisions of this
2 Code.
3 (2) The in-precinct automatic tabulating equipment
4 may be set to return any ballot on which the number of
5 votes for an office or proposition exceeds the number of
6 votes for which the voter is entitled to cast. If the
7 voter, after being informed that an overvote has
8 occurred, determines to have the ballot counted despite
9 containing an overvote, the automatic tabulating
10 equipment shall be set to accept the ballot and count the
11 votes for or against public questions and for candidates
12 for offices for which there is not overvote. If the
13 voter determines to have the overvoted ballot rejected
14 and to vote a new ballot, the original ballot shall be
15 marked "Spoiled Ballot", initialed as to such label by
16 all judges immediately under the words "Spoiled Ballot",
17 and not counted. The judges shall issue a new ballot to
18 the voter in lieu of the original "Spoiled Ballot", and
19 the voter shall then be permitted to vote the new ballot.
20 If the election authority elects not to activate the
21 voting defect identification capability to detect and
22 return an overvoted ballot, overvoted ballots shall be
23 treated in the same manner as provided for overvoted
24 ballots in subsection (b) of this Section.
25 (3) The in-precinct counting equipment may be set
26 to return any ballot that is damaged or defective so that
27 it cannot properly be read by the automatic tabulating
28 equipment. The ballot shall be marked "Spoiled Ballot",
29 initialed as to such label by all judges immediately
30 under the word "Spoiled", and not counted. The judges
31 shall initial and issue a new ballot to the voter in lieu
32 of the original damaged ballot, and the voter shall then
33 be permitted to vote the new ballot. If the election
34 authority elects not to activate the voting defect
-19- LRB9111557JMmb
1 identification capability to detect and return any ballot
2 that is damaged or defective, or if any ballot contains a
3 voting defect so that it cannot properly be counted by
4 the automatic tabulating equipment, the ballots shall be
5 treated in the same manner as provided for damaged and
6 defective ballots in subsection (b) of this Section.
7 (4) The in-precinct counting equipment may be set
8 to count a ballot for a candidate or for or against a
9 proposition as it is inserted into the automatic
10 tabulating equipment immediately after the voter has
11 completed marking his or her ballot. Before the opening
12 of the polls and before ballots are entered into the
13 counting equipment, the judges of election shall turn on
14 the automatic tabulating equipment and verify that the
15 vote totals are all set at zero. After the polls have
16 been declared open, each ballot shall be inserted into
17 the automatic tabulating equipment immediately after the
18 voter has completed marking his or her ballot. At the
19 option of the election authority, the ballots may be
20 inserted into the automatic tabulating equipment by the
21 voters under the supervision of the judges of election.
22 Each ballot shall be immediately deposited into the
23 ballot box after it has been inserted into and counted by
24 the automatic tabulating equipment. The automatic
25 tabulating equipment shall be programmed to record and
26 count a ballot for a candidate or for or against a
27 proposition as it is inserted into the automatic
28 tabulating equipment and to generate vote totals for all
29 candidates and propositions immediately upon the closing
30 of the polls and the insertion of absentee ballots
31 entitled to be counted. Throughout the election day and
32 before the close of the polls, no person shall be
33 permitted to check for vote totals for any candidate or
34 proposition on the automatic tabulating equipment.
-20- LRB9111557JMmb
1 During the time that polling places are open, no person
2 may reset the equipment for re-insertion of ballots and
3 the automatic tabulating equipment shall be programmed to
4 prevent such re-insertion unless provided a code by an
5 authorized representative of the election authority.
6 (b) Immediately after the closing of the polls, the
7 absentee ballots delivered to the precinct judges of election
8 by the election authority shall be examined to determine that
9 such ballots comply with Sections 19-9 and 20-9 of this Act
10 and are entitled to be deposited in the ballot box; those
11 entitled to be deposited in the ballot box shall be initialed
12 by the precinct judges of election and deposited in the
13 ballot box. Those not entitled to be deposited in the ballot
14 box shall be marked "Rejected" and disposed of as provided in
15 said Sections 19-9 and 20-9.
16 The precinct judges of election shall open the ballot box
17 and count the number of ballots therein to determine if such
18 number agrees with the number of voters voting as shown by
19 the automatic tabulating equipment, if such equipment is
20 programmed to count ballots as they are inserted immediately
21 after the voter has marked his or her ballot, and by the
22 applications for ballot or, if the same do not agree, the
23 judges of election shall make such ballots agree with the
24 applications for ballot in the manner provided by Section
25 17-18 of this Act. The judges of election shall then examine
26 all ballot cards and ballot card envelopes which are in the
27 ballot box to determine whether the ballot cards and ballot
28 card envelopes contain the initials of a precinct judge of
29 election. If any ballot card or ballot card envelope is not
30 initialed, it shall be marked on the back "Defective",
31 initialed as to such label by all judges immediately under
32 the word "Defective" and not counted. The judges of election
33 shall place an initialed blank official ballot card in the
34 place of the defective ballot card, so that the count of the
-21- LRB9111557JMmb
1 ballot cards to be counted on the automatic tabulating
2 equipment will be the same, and each "Defective Ballot" card
3 and "Replacement" card shall contain the same serial number
4 which shall be placed thereon by the judges of election,
5 commencing with number 1 and continuing consecutively for the
6 ballots of that kind in that precinct. The original
7 "Defective" card shall be placed in the "Defective Ballot
8 Envelope" provided for that purpose.
9 When an electronic voting system is used which utilizes a
10 ballot card, before separating the remaining ballot cards
11 from their respective covering envelopes, the judges of
12 election shall examine the ballot cards or ballot card
13 envelopes for write-in votes. When the voter has cast a
14 write-in vote, the judges of election shall compare the
15 write-in vote with the votes on the ballot card to determine
16 whether such write-in results in an overvote for any office.
17 In case of an overvote for any office, the judges of
18 election, consisting in each case of at least one judge of
19 election of each of the 2 major political parties, shall make
20 a true duplicate ballot of all votes on such ballot card
21 except for the office which is overvoted, by using the ballot
22 label booklet of the precinct and one of the marking devices
23 of the precinct so as to transfer all votes of the voter,
24 except for the office overvoted, to a duplicate card. The
25 original ballot card and envelope upon which there is an
26 overvote shall be clearly labeled "Overvoted Ballot", and
27 each such "Overvoted Ballot" as well as its "Replacement"
28 shall contain the same serial number which shall be placed
29 thereon by the judges of election, commencing with number 1
30 and continuing consecutively for the ballots of that kind in
31 that precinct. The "Overvoted Ballot" card and ballot
32 envelope shall be placed in an envelope provided for that
33 purpose labeled "Duplicate Ballot" envelope, and the judges
34 of election shall initial the "Replacement" ballot cards and
-22- LRB9111557JMmb
1 shall place them with the other ballot cards to be counted on
2 the automatic tabulating equipment. Envelopes or ballot
3 cards containing write-in votes marked in the place
4 designated therefor and containing the initials of a precinct
5 judge of election and not resulting in an overvote and
6 otherwise complying with the election laws as to marking
7 shall be counted and tallied and their votes recorded on a
8 tally sheet provided by the election authority.
9 In precincts where the election authority has elected to
10 program the in-precinct counting equipment to count ballots
11 as they are inserted into the automatic tabulating equipment
12 after the voter has marked his or her ballot and to generate
13 vote totals for all candidates and propositions immediately
14 upon the closing of the polls and the insertion of absentee
15 ballots entitled to be counted, the judges of election shall
16 then generate such vote totals for all candidates and
17 propositions. However, if the judges of election have
18 removed a ballot pursuant to Section 17-18, have labeled
19 "Defective" a ballot that is not initialed, or have otherwise
20 determined under this Code to not count a ballot originally
21 deposited into a ballot box, the judges of election shall be
22 sure that the totals on the automatic tabulating equipment
23 are reset to all zeros. Thereafter, the judges of election
24 shall enter each ballot to be counted in the automatic
25 tabulating equipment as provided in this Section. Resetting
26 the automatic tabulating equipment to zeros and re-entering
27 of ballots to be counted may occur at the polling place, the
28 office of the election authority, or any receiving station
29 designated by the election authority. The election authority
30 shall designate the place for resetting and re-entering.
31 In precincts where the election authority has not elected
32 to program the in-precinct counting equipment to count
33 ballots as they are inserted into the automatic tabulating
34 equipment after the voter has marked his or her ballot and to
-23- LRB9111557JMmb
1 generate vote totals for all candidates and propositions
2 immediately upon the closing of the polls and the insertion
3 of absentee ballots entitled to be counted and in those
4 precincts where the judges of election have removed a ballot
5 pursuant to Section 17-18, have labeled "Defective" a ballot
6 that is not initialed, or have otherwise determined under
7 this Code to not count a ballot originally deposited into a
8 ballot box, the ballot cards and ballot card envelopes shall
9 be separated in preparation for counting by the automatic
10 tabulating equipment provided for that purpose by the
11 election authority.
12 Before the ballots are entered into the automatic
13 tabulating equipment, a precinct identification card or
14 program card provided by the election authority shall be
15 entered into the device to ensure that the totals are all
16 zeroes in the count column on the printing unit. A precinct
17 judge of election shall then count the ballots by entering
18 each ballot card into the automatic tabulating equipment, and
19 if any ballot or ballot card is damaged or defective so that
20 it cannot properly be counted by the automatic tabulating
21 equipment, the judges of election, consisting in each case of
22 at least one judge of election of each of the 2 major
23 political parties, shall make a true duplicate ballot of all
24 votes on such ballot card by using the ballot label booklet
25 of the precinct and one of the marking devices of the
26 precinct. The original ballot or ballot card and envelope
27 shall be clearly labeled "Damaged Ballot" and the ballot or
28 ballot card so produced shall be clearly labeled "Duplicate
29 Damaged Ballot", and each shall contain the same serial
30 number which shall be placed thereon by the judges of
31 election, commencing with number 1 and continuing
32 consecutively for the ballots of that kind in the precinct.
33 The judges of election shall initial the "Duplicate Damaged
34 Ballot" ballot or ballot cards and shall enter the duplicate
-24- LRB9111557JMmb
1 damaged cards into the automatic tabulating equipment. The
2 "Damaged Ballot" cards shall be placed in the "Duplicated
3 Ballots" envelope; after all ballot cards have been
4 successfully read, the judges of election shall check to make
5 certain that the last number printed by the printing unit is
6 the same as the number of voters making application for
7 ballot in that precinct. The number shall be listed on the
8 "Statement of Ballots" form provided by the election
9 authority.
10 The totals for all candidates and propositions shall be
11 tabulated; 4 sets shall be attached to the 4 sets of
12 "Certificate of Results", which may be generated by the
13 automatic tabulating equipment, provided by the election
14 authority; one set shall be posted in a conspicuous place
15 inside the polling place; and every effort shall be made by
16 the judges of election to provide a set for each authorized
17 pollwatcher or other official authorized to be present in the
18 polling place to observe the counting of ballots; but in no
19 case shall the number of sets to be made available to
20 pollwatchers be fewer than 4, chosen by lot by the judges of
21 election. In addition, sufficient time shall be provided by
22 the judges of election to the pollwatchers to allow them to
23 copy information from the set which has been posted.
24 The judges of election shall count all unused ballot
25 cards and enter the number on the "Statement of Ballots".
26 All "Spoiled", "Defective" and "Duplicated" ballot cards
27 shall be counted and the number entered on the "Statement of
28 Ballots".
29 The precinct judges of election shall select a
30 bi-partisan team of 2 judges, who shall immediately return
31 the ballots in a sealed container, along with all other
32 election materials as instructed by the election authority;
33 provided, however, that such container must first be sealed
34 by the election judges with filament tape provided for such
-25- LRB9111557JMmb
1 purpose which shall be wrapped around the container
2 lengthwise and crosswise, at least twice each way, in such
3 manner that the ballots cannot be removed from such container
4 without breaking the seal and filament tape and disturbing
5 any signatures affixed by the election judges to the
6 container. The election authority shall keep the office of
7 the election authority, or any receiving stations designated
8 by such authority, open for at least 12 consecutive hours
9 after the polls close or until the ballots from all precincts
10 with in-precinct counting equipment within the jurisdiction
11 of the election authority have been returned to the election
12 authority. Ballots returned to the office of the election
13 authority which are not signed and sealed as required by law
14 shall not be accepted by the election authority until the
15 judges returning the same make and sign the necessary
16 corrections. Upon acceptance of the ballots by the election
17 authority, the judges returning the same shall take a receipt
18 signed by the election authority and stamped with the time
19 and date of such return. The election judges whose duty it is
20 to return any ballots as herein provided shall, in the event
21 such ballots cannot be found when needed, on proper request,
22 produce the receipt which they are to take as above provided.
23 (Source: P.A. 83-1362.)
24 (10 ILCS 5/24B-2)
25 Sec. 24B-2. Definitions. As used in this Article:
26 "Computer", "automatic tabulating equipment" or
27 "equipment" includes apparatus necessary to automatically
28 examine and count votes as designated on ballots, and data
29 processing machines which can be used for counting ballots
30 and tabulating results.
31 "Ballot" means paper ballot sheets.
32 "Ballot configuration" means the particular combination
33 of political subdivision ballots including, for each
-26- LRB9111557JMmb
1 political subdivision, the particular combination of offices,
2 candidate names and questions as it appears for each group of
3 voters who may cast the same ballot.
4 "Ballot sheet" means a paper ballot printed on one or
5 both sides which is (1) designed and prepared so that the
6 voter may indicate his or her votes in designated areas,
7 which must be areas clearly printed or otherwise delineated
8 for such purpose, and (2) capable of having votes marked in
9 the designated areas automatically examined, counted, and
10 tabulated by an electronic scanning process.
11 "Central counting" means the counting of ballots in one
12 or more locations selected by the election authority for the
13 processing or counting, or both, of ballots. A location for
14 central counting shall be within the territorial jurisdiction
15 of the election authority unless there is no suitable
16 tabulating equipment available within his territorial
17 jurisdiction. However, in any event a counting location
18 shall be within this State.
19 "Computer operator" means any person or persons
20 designated by the election authority to operate the automatic
21 tabulating equipment during any portion of the vote tallying
22 process in an election, but shall not include judges of
23 election operating vote tabulating equipment in the precinct.
24 "Computer program" or "program" means the set of
25 operating instructions for the automatic tabulating equipment
26 that examines, counts, tabulates, canvasses and prints votes
27 recorded by a voter on a ballot.
28 "Edit listing" means a computer generated listing of the
29 names of each candidate and proposition as they appear in the
30 program for each precinct.
31 "Header sheet" means a data processing document which is
32 coded to indicate to the computer the precinct identity of
33 the ballots that will follow immediately and may indicate to
34 the computer how such ballots are to be tabulated.
-27- LRB9111557JMmb
1 "In-precinct counting" means the counting of ballots on
2 automatic tabulating equipment provided by the election
3 authority in the same precinct polling place in which those
4 ballots have been cast.
5 "Marking device" means a pen or similar device approved
6 by the State Board of Elections for marking a paper ballot
7 with ink or other substance which will enable the ballot to
8 be tabulated by automatic tabulating equipment or by an
9 electronic scanning process.
10 "Precinct Tabulation Optical Scan Technology" means the
11 capability to examine a ballot through electronic means and
12 tabulate the votes at one or more counting places.
13 "Redundant count" means a verification of the original
14 computer count by another count using compatible equipment or
15 by hand as part of a discovery recount.
16 "Security designation" means a printed designation placed
17 on a ballot to identify to the computer program the offices
18 and propositions for which votes may be cast and to indicate
19 the manner in which votes cast should be tabulated while
20 negating any inadmissible votes.
21 "Separate ballot", with respect to ballot sheets, means a
22 separate portion of the ballot sheet which is clearly defined
23 by a border or borders or shading.
24 "Voting defect identification" means the capability to
25 detect overvoted ballots that contain a voting defect or
26 ballots which cannot be read by the automatic tabulating
27 equipment.
28 "Voting defects" means an overvoted ballot, or a ballot
29 which cannot be read by the automatic tabulating equipment,
30 or a ballot that does not contain the initials of a judge of
31 election.
32 "Voting system" or "electronic voting system" means that
33 combination of equipment and programs used in the casting,
34 examination and tabulation of ballots and the cumulation and
-28- LRB9111557JMmb
1 reporting of results by electronic means.
2 (Source: P.A. 89-394, eff. 1-1-97.)
3 (10 ILCS 5/24B-10.1)
4 Sec. 24B-10.1. In-Precinct Counting Equipment;
5 Procedures for Counting and Tallying Ballots. In an election
6 jurisdiction where Precinct Tabulation Optical Scan
7 Technology counting equipment is used, the following
8 procedures for counting and tallying the ballots shall
9 apply.:
10 (a) If the in-precinct counting equipment has voting
11 defect identification capability, the election authority may
12 select one or more of the following options:
13 (1) The in-precinct counting equipment may be set
14 to reject and return any ballot that does not contain a
15 judge's initial in the area required by this Code. Unless
16 the judges of election have reason to believe that some
17 error, irregularity, or fraud has occurred affecting the
18 integrity of the ballot, the ballot shall then be
19 initialed by one of the judges of election and
20 re-inserted into the automatic tabulating equipment.
21 Otherwise, the ballot shall be considered a "Spoiled
22 Ballot" and treated as such under the provisions of this
23 Code.
24 (2) The in-precinct counting equipment may be set
25 to return any ballot on which the number of votes for an
26 office or proposition exceeds the number of votes for
27 which the voter is entitled to cast. If the voter, after
28 being informed that an overvote has occurred, determines
29 to have the ballot counted despite containing an
30 overvote, the automatic tabulating equipment shall be set
31 to accept the ballot and count the votes for or against
32 public questions and for candidates for offices for which
33 there is not an overvote. If the voter determines to
-29- LRB9111557JMmb
1 have the overvoted ballot rejected and to vote a new
2 ballot, the original ballot shall be marked "Spoiled
3 Ballot", initialed as to such label by all judges
4 immediately under the words "Spoiled Ballot", and shall
5 not be counted. The judges shall issue a new ballot to
6 the voter in lieu of the original "Spoiled Ballot", and
7 the voter shall then be permitted to vote the new ballot.
8 If the election authority elects not to activate the
9 voting defect identification capability to detect and
10 return an overvoted ballot, overvoted ballots shall be
11 treated in the same manner as provided for in subsection
12 (b) of this Section.
13 (3) The in-precinct counting equipment may be set
14 to return any ballot that is damaged or defective so that
15 it cannot properly be read by the automatic tabulating
16 equipment. The ballot shall be marked "Spoiled Ballot",
17 initialed as to such label by all judges immediately
18 under the word "Spoiled", and not counted. The judges
19 shall initial and issue a new ballot to the voter in lieu
20 of the original damaged ballot, and the voter shall then
21 be permitted to vote the new ballot. If the election
22 authority elects not to activate the voting defect
23 identification capability to detect and return any ballot
24 that is damaged or defective, or if any ballot contains a
25 voting defect so that it cannot be properly counted by
26 the automatic tabulating equipment, the ballots shall be
27 treated in the same manner as provided for damaged and
28 defective ballots in subsection (b) of this Section.
29 (4) The in-precinct counting equipment may be set
30 to count a ballot for a candidate or for or against a
31 proposition as it is inserted into the automatic
32 tabulating equipment immediately after the voter has
33 completed marking his or her ballot. Before the opening
34 of the polls, and before the ballots are entered into the
-30- LRB9111557JMmb
1 automatic tabulating equipment, the judges of election
2 shall be sure that the totals are all zeros in the
3 counting column. Ballots may then be counted by entering
4 each ballot into the automatic tabulating equipment
5 immediately after the voter has completed marking his or
6 her ballot. Each ballot shall be immediately deposited
7 into the ballot box after it has been inserted into and
8 counted by the automatic tabulating equipment. The
9 automatic tabulating equipment shall be programmed to
10 record and count a ballot for a candidate or for or
11 against a proposition as it is inserted into the
12 automatic tabulating equipment and to generate vote
13 totals for all candidates and propositions immediately
14 upon the closing of the polls and the insertion of
15 absentee ballots entitled to be counted. Throughout the
16 election day and before the closing of the polls, no
17 person may check any vote totals for any candidate or
18 proposition on the automatic tabulating equipment. Such
19 automatic tabulating equipment shall be programmed so
20 that no person may reset the equipment for re-insertion
21 refeeding of ballots unless provided a code from an
22 authorized representative of the election authority. At
23 the option of the election authority, the ballots may be
24 inserted fed into the Precinct Tabulation Optical Scan
25 Technology equipment by the voters under the direct
26 supervision of the judges of elections.
27 (b) Immediately after the closing of the polls, the
28 absentee ballots delivered to the precinct judges of election
29 by the election authority shall be examined to determine that
30 the ballots comply with Sections 19-9 and 20-9 of this Code
31 and are entitled to be scanned by the Precinct Tabulation
32 Optical Scan Technology equipment and then deposited in the
33 ballot box; those entitled to be scanned and deposited in the
34 ballot box shall be initialed by the precinct judges of
-31- LRB9111557JMmb
1 election and then scanned and deposited in the ballot box.
2 Those not entitled to be deposited in the ballot box shall be
3 marked "Rejected" and disposed of as provided in said
4 Sections 19-9 and 20-9.
5 The precinct judges of election shall open the ballot box
6 and count the number of ballots to determine if the number
7 agrees with the number of voters voting as shown on the
8 Precinct Tabulation Optical Scan Technology equipment and by
9 the applications for ballot or, if the same do not agree, the
10 judges of election shall make the ballots agree with the
11 applications for ballot in the manner provided by Section
12 17-18 of this Code. The judges of election shall then
13 examine all ballots which are in the ballot box to determine
14 whether the ballots contain the initials of a precinct judge
15 of election. If any ballot is not initialed, it shall be
16 marked on the back "Defective", initialed as to such label by
17 all judges immediately under the word "Defective" and not
18 counted. The judges of election shall place an initialed
19 blank official ballot in the place of the defective ballot,
20 so that the count of the ballots to be counted on the
21 automatic tabulating equipment will be the same, and each
22 "Defective Ballot" and "Replacement" ballot shall contain the
23 same serial number which shall be placed thereon by the
24 judges of election, beginning with number 1 and continuing
25 consecutively for the ballots of that kind in that precinct.
26 The original "Defective" ballot shall be placed in the
27 "Defective Ballot Envelope" provided for that purpose.
28 If the judges of election have removed a ballot pursuant
29 to Section 17-18, have labeled "Defective" a ballot which is
30 not initialed, or have otherwise determined under this Code
31 to not count a ballot originally deposited into a ballot box,
32 the judges of election shall be sure that the totals on the
33 automatic tabulating equipment are reset to all zeros in the
34 counting column. Thereafter the judges of election shall
-32- LRB9111557JMmb
1 enter each ballot to be counted in the automatic tabulating
2 equipment. Resetting the automatic tabulating equipment to
3 all zeros and re-entering of ballots to be counted may occur
4 at the precinct polling place, the office of the election
5 authority, or any receiving station designated by the
6 election authority. The election authority shall designate
7 the place for resetting and re-entering.
8 When a Precinct Tabulation Optical Scan Technology
9 electronic voting system is used which uses a paper ballot,
10 the judges of election shall examine the ballot for write-in
11 votes. When the voter has cast a write-in vote, the judges
12 of election shall compare the write-in vote with the votes on
13 the ballot to determine whether the write-in results in an
14 overvote for any office, unless the Precinct Tabulation
15 Optical Scan Technology equipment has already done so. In
16 case of an overvote for any office, the judges of election,
17 consisting in each case of at least one judge of election of
18 each of the 2 major political parties, shall make a true
19 duplicate ballot of all votes on such ballot except for the
20 office which is overvoted, by using the ballot of the
21 precinct and one of the marking devices of the precinct so as
22 to transfer all votes of the voter, except for the office
23 overvoted, to a duplicate ballot. The original ballot upon
24 which there is an overvote shall be clearly labeled
25 "Overvoted Ballot", and each such "Overvoted Ballot" as well
26 as its "Replacement" shall contain the same serial number
27 which shall be placed thereon by the judges of election,
28 beginning with number 1 and continuing consecutively for the
29 ballots of that kind in that precinct. The "Overvoted
30 Ballot" shall be placed in an envelope provided for that
31 purpose labeled "Duplicate Ballot" envelope, and the judges
32 of election shall initial the "Replacement" ballots and shall
33 place them with the other ballots to be counted on the
34 automatic tabulating equipment.
-33- LRB9111557JMmb
1 If any ballot is damaged or defective, or if any ballot
2 contains a Voting Defect, so that it cannot properly be
3 counted by the automatic tabulating equipment, the voter or
4 the judges of election, consisting in each case of at least
5 one judge of election of each of the 2 major political
6 parties, shall make a true duplicate ballot of all votes on
7 such ballot by using the ballot of the precinct and one of
8 the marking devices of the precinct. If a damaged ballot,
9 the original ballot shall be clearly labeled "Damaged Ballot"
10 and the ballot so produced shall be clearly labeled "Damaged
11 Ballot" and the ballot so produced shall be clearly labeled
12 "Duplicate Damaged Ballot", and each shall contain the same
13 serial number which shall be placed by the judges of
14 election, beginning with number 1 and continuing
15 consecutively for the ballots of that kind in the precinct.
16 The judges of election shall initial the "Duplicate Damaged
17 Ballot" ballot and shall enter the duplicate damaged ballot
18 into the automatic tabulating equipment. The "Damaged
19 Ballots" shall be placed in the "Duplicated Ballots"
20 envelope; after all ballots have been successfully read, the
21 judges of election shall check to make certain that the
22 Precinct Tabulation Optical Scan Technology equipment readout
23 agrees with the number of voters making application for
24 ballot in that precinct. The number shall be listed on the
25 "Statement of Ballots" form provided by the election
26 authority.
27 The totals for all candidates and propositions shall be
28 tabulated; and 4 copies of a "Certificate of Results" shall
29 be generated by the automatic tabulating equipment; one copy
30 shall be posted in a conspicuous place inside the polling
31 place; and every effort shall be made by the judges of
32 election to provide a copy for each authorized pollwatcher or
33 other official authorized to be present in the polling place
34 to observe the counting of ballots; but in no case shall the
-34- LRB9111557JMmb
1 number of copies to be made available to pollwatchers be
2 fewer than 4, chosen by lot by the judges of election. In
3 addition, sufficient time shall be provided by the judges of
4 election to the pollwatchers to allow them to copy
5 information from the copy which has been posted.
6 The judges of election shall count all unused ballots and
7 enter the number on the "Statement of Ballots". All
8 "Spoiled", "Defective" and "Duplicated" ballots shall be
9 counted and the number entered on the "Statement of Ballots".
10 The precinct judges of election shall select a
11 bi-partisan team of 2 judges, who shall immediately return
12 the ballots in a sealed container, along with all other
13 election materials as instructed by the election authority;
14 provided, however, that such container must first be sealed
15 by the election judges with filament tape or other approved
16 sealing devices provided for the purpose which shall be
17 wrapped around the container lengthwise and crosswise, at
18 least twice each way, in a manner that the ballots cannot be
19 removed from the container without breaking the seal and
20 filament tape and disturbing any signatures affixed by the
21 election judges to the container, or which other approved
22 sealing devices are affixed in a manner approved by the
23 election authority. The election authority shall keep the
24 office of the election authority or any receiving stations
25 designated by the authority, open for at least 12 consecutive
26 hours after the polls close or until the ballots from all
27 precincts with in-precinct counting equipment within the
28 jurisdiction of the election authority have been returned to
29 the election authority. Ballots returned to the office of
30 the election authority which are not signed and sealed as
31 required by law shall not be accepted by the election
32 authority until the judges returning the ballots make and
33 sign the necessary corrections. Upon acceptance of the
34 ballots by the election authority, the judges returning the
-35- LRB9111557JMmb
1 ballots shall take a receipt signed by the election authority
2 and stamped with the time and date of the return. The
3 election judges whose duty it is to return any ballots as
4 provided shall, in the event the ballots cannot be found when
5 needed, on proper request, produce the receipt which they are
6 to take as above provided. The precinct judges of election
7 shall also deliver the Precinct Tabulation Optical Scan
8 Technology equipment to the election authority.
9 (Source: P.A. 89-394, eff. 1-1-97.)
10 (10 ILCS 5/24B-20)
11 Sec. 24B-20. Voting Defect Identification Capabilities.
12 An election authority may is required to use one or more of
13 the Voting Defect Identification capabilities of the
14 automatic tabulating equipment when used in-precinct.
15 (Source: P.A. 89-394, eff. 1-1-97.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.