Sen. Neil Anderson

Filed: 2/23/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 127

2    AMENDMENT NO. ______. Amend Senate Bill 127 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 17-11, 18A-218.20, 19A-25.5, 23-50, 24A-2, 24A-16,
624B-2, and 24B-9.1 and by adding Sections 1-22 and 24-0.5 as
7follows:
 
8    (10 ILCS 5/1-22 new)
9    Sec. 1-22. Voting machines and voting systems. Only voting
10machines or voting systems approved by the State Board of
11Elections, as allowed under this Code, may be used by an
12election authority.
 
13    (10 ILCS 5/17-11)  (from Ch. 46, par. 17-11)
14    Sec. 17-11. On receipt of his ballot the voter shall
15forthwith, and without leaving the inclosed space, retire

 

 

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1alone, or accompanied by children as provided in Section 17-8,
2to one of the voting booths so provided and shall prepare his
3ballot by making in the appropriate margin or place a cross (X)
4opposite the name of the candidate of his choice for each
5office to be filled, or by writing in the name of the candidate
6of his choice in a blank space on said ticket, making a cross
7(X) opposite thereto; and in case of a question submitted to
8the vote of the people, by making in the appropriate margin or
9place a cross (X) against the answer he desires to give. A
10cross (X) in the square in front of the bracket enclosing the
11names of a team of candidates for Governor and Lieutenant
12Governor counts as one vote for each of such candidates.
13Before leaving the voting booth the voter shall fold his
14ballot in such manner as to conceal the marks thereon. He shall
15then vote forthwith in the manner herein provided, except that
16the number corresponding to the number of the voter on the poll
17books shall not be indorsed on the back of his ballot. He shall
18mark and deliver his ballot without undue delay, and shall
19quit said inclosed space as soon as he has voted; except that
20immediately after voting, the voter shall be instructed
21whether the voting equipment, if used, accepted or rejected
22the ballot or identified the ballot as under-voted for a
23statewide constitutional office. A voter whose ballot is
24identified as under-voted may return to the voting booth and
25complete the voting of that ballot. A voter whose ballot is not
26accepted by the voting equipment may, upon surrendering the

 

 

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1ballot, request and vote another ballot. The voter's
2surrendered ballot shall be initialed by the election judge
3and handled as provided in the appropriate Article governing
4that voting equipment.
5    No voter shall be allowed to occupy a voting booth already
6occupied by another, nor remain within said inclosed space
7more than ten minutes, nor to occupy a voting booth more than
8five minutes in case all of said voting booths are in use and
9other voters waiting to occupy the same. No voter not an
10election officer, shall, after having voted, be allowed to
11re-enter said inclosed space during said election. No person
12shall take or remove any ballot from the polling place before
13the close of the poll. No voter shall vote or offer to vote any
14ballot except such as he has received from the judges of
15election in charge of the ballots. Any voter who shall, by
16accident or mistake, spoil his ballot, may, on returning said
17spoiled ballot, receive another in place thereof only after
18the word "spoiled" has been written in ink diagonally across
19the entire face of the ballot returned by the voter.
20    Where voting machines or electronic voting systems are
21used, the provisions of this section may be modified as
22required or authorized by Article 24, 24A, or 24B, or 24C,
23whichever is applicable, except that the requirements of this
24Section that (i) the voter must be notified of the voting
25equipment's acceptance or rejection of the voter's ballot or
26identification of an under-vote for a statewide constitutional

 

 

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1office and (ii) the voter shall have the opportunity to
2correct an under-vote or surrender the ballot that was not
3accepted and vote another ballot shall not be modified.
4(Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
 
5    (10 ILCS 5/18A-218.20)
6    Sec. 18A-218.20. Counting procedures for provisional
7ballots cast in an incorrect precinct within the same election
8authority's jurisdiction.
9    (a) The election authority shall:
10        (1) transmit to the State Board of Elections the
11    provisional voter's identifying information and voting
12    jurisdiction within 2 calendar days. Following that, and
13    subject to paragraph (2) below, if the election authority
14    having jurisdiction over the provisional voter determines
15    that the voter has cast a provisional ballot in an
16    incorrect precinct, the ballot shall still be counted
17    using the procedures established in subsection (b) of this
18    Section or Section 18A-218.30 if applicable. Jurisdictions
19    that use election machines authorized pursuant to Article
20    24C of this Code for casting provisional ballots may vary
21    procedures of this Section and Section 18A-218.30 as
22    appropriate for the counting of provisional ballots cast
23    on those machines.
24        (2) determine whether the voter was entitled to cast a
25    provisional ballot. The voter is entitled to cast a

 

 

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1    provisional ballot if:
2            (A) the affidavit executed by the voter contains,
3        at a minimum, the provisional voter's first and last
4        name, house number and street name, and signature or
5        mark;
6            (B) the provisional voter is a registered voter
7        based on information available to the county clerk or
8        board of election commissioners provided by or
9        obtained from the provisional voter, an election
10        judge, the Statewide voter registration database
11        maintained by the State Board of Elections, the
12        records of the county clerk or board of election
13        commissioners' database, or the records of the
14        Secretary of State or the voter is attempting to
15        register but lacks the necessary documentation; and
16            (C) the provisional voter did not vote using the
17        vote by mail ballot and did not vote during the period
18        for early voting.
19    (b) Once it has been determined by the election authority
20that the voter was entitled to vote a provisional ballot, even
21though it had been cast in an incorrect precinct, the election
22authority shall select a team or teams of 2 duly commissioned
23election judges, one from each of the two leading established
24political parties in Illinois, to count the votes that are
25eligible to be cast on the provisional ballot. In those
26jurisdictions that use election officials as defined in

 

 

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1subsection (h) of Section 18A-15 of this Code, these duties
2may be performed by those election officials.
3        (1) Votes cast for Statewide offices, the Office of
4    President of the United States (including votes cast in
5    the Presidential Preference Primary), and United States
6    Senate shall be counted on all provisional ballots cast in
7    the incorrect precinct.
8        (2) Votes cast for Representative in Congress,
9    delegate or alternate delegate to a national nominating
10    convention, State Senator, State Representative, or
11    countywide, citywide, villagewide, or township office
12    shall be counted if it is determined by the election
13    judges or officials that the voter would have been
14    entitled to vote for one or more of these offices had the
15    voter voted in the precinct in which he or she is
16    registered to vote (the correct precinct) and had the
17    voter voted a ballot of the correct ballot style
18    containing all the offices and candidates for which the
19    voter was entitled to cast a ballot (the correct ballot
20    style). This determination shall be made by comparing a
21    sample ballot of the correct ballot style with the actual
22    provisional ballot cast by the voter. If the same office
23    (including the same district number for a Congressional,
24    Legislative or Representative district) appears on both
25    the correct ballot style sample ballot and the provisional
26    ballot cast by the voter, votes for that office shall be

 

 

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1    counted. All votes cast for any remaining offices (offices
2    for which the voter would not have been entitled to vote
3    had he or she voted in the correct precinct) shall not be
4    counted.
5        (3) No votes shall be counted for an office when the
6    voter voted for more candidates than he or she was
7    allowed.
8        (4) Once it has been determined which offices are to
9    be counted and the provisional ballot contains no other
10    votes, the provisional ballot shall be counted pursuant to
11    the procedures set forth in this subsection (b).
12        (5) If a provisional ballot does not contain any valid
13    votes, the provisional ballot shall be marked invalid and
14    shall not be counted.
15        (6) Any provisional voting verification system
16    established by an election authority shall inform the
17    provisional voter that his or her provisional ballot was
18    partially counted because it was cast in an incorrect
19    precinct.
20        (7) If a provisional ballot only contains votes cast
21    for eligible offices, and does not contain any votes cast
22    for ineligible offices, the ballot may be tabulated
23    without having to be remade.
24        (8) If a provisional ballot contains both valid votes
25    that must be counted and invalid votes that cannot be
26    counted, : (A) the election judges, consisting in each

 

 

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1    case of at least one of each of the 2 leading political
2    parties, shall, if the provisional ballot was cast on a
3    paper ballot sheet, proceed to remake the voted ballot
4    onto a blank ballot that includes all of the offices for
5    which valid votes were cast, transferring only valid
6    votes. The original provisional ballot shall be marked
7    "Original Provisional Ballot" with a serial number
8    commencing at "1" and continuing consecutively for ballots
9    of that kind in the precinct. The duplicate provisional
10    ballot shall be marked "Duplicate Provisional Ballot" and
11    be given the same serial number as the original ballot
12    from which it was duplicated. The duplicate provisional
13    ballot shall then be treated in the same manner as other
14    provisional ballots.
15            (B) if the provisional ballot was cast on a direct
16        recording electronic voting device, the election
17        judges shall mark the original provisional ballot as a
18        partially counted defective electronic provisional
19        ballot because it was cast in the incorrect precinct
20        (or bear some similar notation) and proceed to either:
21                (i) remake the voted ballot by transferring
22            all valid votes to a duplicate paper ballot sheet
23            of the correct ballot style, marking the duplicate
24            ballot "Duplicate Electronic Provisional Ballot"
25            and then counting the duplicate provisional ballot
26            in the same manner as the other provisional

 

 

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1            ballots marked on paper ballot sheets; or
2                (ii) transfer, or cause to be transferred, all
3            valid votes electronically to the correct
4            precinct, which shall be counted and added to the
5            vote totals for the correct precinct, excluding
6            any votes that cannot be counted. If this method
7            is used, a permanent paper record must be
8            generated for both the defective provisional
9            ballot and the duplicate electronic provisional
10            ballot.
11    (c) For provisional ballots cast at a partisan primary
12election, the judges shall use a duplicate ballot of the
13correct ballot style for the same political party as the
14ballot chosen by the voter.
15    (d) At least one qualified pollwatcher for each candidate,
16political party, and civic organization, as authorized by
17Section 17-23 of this Code, shall be permitted to observe the
18ballot remaking process.
19(Source: P.A. 98-1171, eff. 6-1-15.)
 
20    (10 ILCS 5/19A-25.5)
21    Sec. 19A-25.5. Voting machines, automatic tabulating
22equipment, and precinct tabulation optical scan technology
23voting equipment.
24    (a) In all jurisdictions in which voting machines are
25used, the provisions of this Code that are not inconsistent

 

 

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1with this Article relating to the furnishing of ballot boxes,
2printing and furnishing ballots and supplies, the canvassing
3of ballots, and the making of returns, apply with full force
4and effect to the extent necessary to make this Article
5effective, provided that the number of ballots to be printed
6shall be in the discretion of the election authority, and
7provided further that early ballots shall not be counted until
8after the polls are closed on election day.
9    (b) If the election authority has adopted the use of
10automatic tabulating equipment under Article 24A of this Code,
11and the provisions of that Article are in conflict with the
12provisions of this Article 19A, the provisions of Article 24A
13shall govern the procedures followed by the election
14authority, its judges of election, and all employees and
15agents; provided that early ballots shall be counted at the
16election authority's central ballot counting location and
17shall not be counted until after the polls are closed on
18election day.
19    (c) If the election authority has adopted the use of
20tabulation optical scan technology voting equipment under
21Article 24B of this Code, and the provisions of that Article
22are in conflict with the provisions of this Article 19A, the
23provisions of Article 24B shall govern the procedures followed
24by the election authority, its judges of election, and all
25employees and agents; provided that early ballots shall be
26counted at the election authority's central ballot counting

 

 

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1location and shall not be counted until after the polls are
2closed on election day.
3    (d) (Blank). If the election authority has adopted the use
4of Direct Recording Electronic Voting Systems under Article
524C of this Code, and the provisions of that Article are in
6conflict with the provisions of this Article 19A, the
7provisions of Article 24C shall govern the procedures followed
8by the election authority, its judges of election, and all
9employees and agents; provided that early ballots shall be
10counted at the election authority's central ballot counting
11location and shall not be counted until after the polls are
12closed on election day.
13(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
14    (10 ILCS 5/23-50)
15    Sec. 23-50. Definition of a vote. For the purpose of any
16recount of votes under this Code, a vote is defined as provided
17in Sections 7-100, 17-100, 18-100, 24A-22, or 24B-9.1, or
1824C-10, depending upon the type of voting equipment or system
19used to cast the vote.
20(Source: P.A. 94-645, eff. 8-22-05.)
 
21    (10 ILCS 5/24-0.5 new)
22    Sec. 24-0.5. Definition. As used in this Article, "voting
23machine" does not mean a direct recording electronic voting
24machine or a machine that uses a computer as the marking device

 

 

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1to mark a ballot sheet.
 
2    (10 ILCS 5/24A-2)  (from Ch. 46, par. 24A-2)
3    Sec. 24A-2. As used in this Article:
4    "Computer", "Automatic tabulating equipment" or
5"equipment" includes apparatus necessary to automatically
6examine and count votes as designated on ballots, and data
7processing machines which can be used for counting ballots and
8tabulating results.
9    "Ballot card" means a ballot which is voted by the process
10of punching.
11    "Ballot configuration" means the particular combination of
12political subdivision ballots including, for each political
13subdivision, the particular combination of offices, candidate
14names and ballot position numbers for each candidate and
15question as it appears for each group of voters who may cast
16the same ballot.
17    "Ballot labels" means the cards, papers, booklet, pages or
18other material containing the names of officers and candidates
19and statements of measures to be voted on.
20    "Ballot sheet" means a paper ballot printed on one or both
21sides which is (1) designed and prepared so that the voter may
22indicate his or her votes in designated areas, which must be
23enclosed areas clearly printed or otherwise delineated for
24such purpose, and (2) capable of having votes marked in the
25designated areas automatically examined, counted, and

 

 

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1tabulated by an electronic scanning process.
2    "Ballot" may include ballot cards, ballot labels and paper
3ballots.
4    "Separate ballot", with respect to ballot sheets, means a
5separate portion of the ballot sheet in which the color of the
6ink used in printing that portion of the ballot sheet is
7distinct from the color of the ink used in printing any other
8portion of the ballot sheet.
9    "Column" in an electronic voting system which utilizes a
10ballot card means a space on a ballot card for punching the
11voter's vote arranged in a row running lengthwise on the
12ballot card.
13    "Central Counting" means the counting of ballots in one or
14more locations selected by the election authority for the
15processing or counting, or both, of ballots. A location for
16central counting shall be within the territorial jurisdiction
17of such election authority unless there is no suitable
18tabulating equipment available within his territorial
19jurisdiction. However, in any event a counting location shall
20be within this State.
21    "In-precinct counting" means the counting of ballots on
22automatic tabulating equipment provided by the election
23authority in the same precinct polling place in which those
24ballots have been cast.
25    "Computer operator" means any person or persons designated
26by the election authority to operate the automatic tabulating

 

 

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1equipment during any portion of the vote tallying process in
2an election, but shall not include judges of election
3operating vote tabulating equipment in the precinct.
4    "Computer program" or "program" means the set of operating
5instructions for the automatic tabulating equipment by which
6it examines, counts, tabulates, canvasses and prints votes
7recorded by a voter on a ballot card or other medium.
8    "Edit listing" means a computer generated listing of the
9names and ballot position numbers for each candidate and
10proposition as they appear in the program for each precinct.
11    "Voting System" or "Electronic Voting System" means that
12combination of equipment and programs used in the casting,
13examination and tabulation of ballots and the cumulation and
14reporting of results by electronic means. "Voting System" or
15"Electronic Voting System" does not mean a direct recording
16electronic voting system or a system that uses a computer as
17the marking device to mark a ballot sheet.
18    "Header card" means a data processing card which is coded
19to indicate to the computer the precinct identity of the
20ballot cards that will follow immediately and may indicate to
21the computer how such ballot cards are to be tabulated.
22    "Marking device" means either an apparatus in which
23ballots or ballot cards are inserted and used in connection
24with a punch apparatus for the piercing of ballots by the
25voter, or any approved device for marking a paper ballot with
26ink or other substance which will enable the ballot to be

 

 

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1tabulated by means of automatic tabulating equipment or by an
2electronic scanning process.
3    "Redundant count" means a verification of the original
4computer count by another count using compatible equipment or
5by hand as part of a discovery recount.
6    "Security punch" means a punch placed on a ballot card to
7identify to the computer program the offices and propositions
8for which votes may be cast and to indicate the manner in which
9votes cast should be tabulated while negating any inadmissible
10votes.
11(Source: P.A. 95-331, eff. 8-21-07.)
 
12    (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
13    Sec. 24A-16. The State Board of Elections shall approve
14all voting systems provided by this Article.
15    No voting system shall be approved unless it fulfills the
16following requirements:
17        (1) It enables a voter to vote in absolute secrecy;
18        (2) (Blank);
19        (3) It enables a voter to vote a ticket selected in
20    part from the nominees of one party, and in part from the
21    nominees of any or all parties, and in part from
22    independent candidates and in part of candidates whose
23    names are written in by the voter;
24        (4) It enables a voter to vote a written or printed
25    ticket of his own selection for any person for any office

 

 

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1    for whom he may desire to vote;
2        (5) It will reject all votes for an office or upon a
3    proposition when the voter has cast more votes for such
4    office or upon such proposition than he is entitled to
5    cast;
6        (5.5) It will identify when a voter has not voted for
7    all statewide constitutional offices;
8        (6) It will accommodate all propositions to be
9    submitted to the voters in the form provided by law or,
10    where no such form is provided, then in brief form, not to
11    exceed 75 words;
12        (7) It will accommodate the tabulation programming
13    requirements of Sections 24A-6.2, and 24B-6.2, and
14    24C-6.2.
15    The State Board of Elections shall not approve any voting
16equipment or system that includes an external Infrared Data
17Association (IrDA) communications port.
18    The State Board of Elections is authorized to withdraw its
19approval of a voting system if the system fails to fulfill the
20above requirements.
21    The vendor, person, or other private entity shall be
22solely responsible for the production and cost of: all
23application fees; all ballots; additional temporary workers;
24and other equipment or facilities needed and used in the
25testing of the vendor's, person's, or other private entity's
26respective equipment and software.

 

 

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1    Any voting system vendor, person, or other private entity
2seeking the State Board of Elections' approval of a voting
3system shall, as part of the approval application, submit to
4the State Board a non-refundable fee. The State Board of
5Elections by rule shall establish an appropriate fee
6structure, taking into account the type of voting system
7approval that is requested (such as approval of a new system, a
8modification of an existing system, the size of the
9modification, etc.). No voting system or modification of a
10voting system shall be approved unless the fee is paid.
11    No vendor, person, or other entity may sell, lease, or
12loan, or have a written contract, including a contract
13contingent upon State Board approval of the voting system or
14voting system component, to sell, lease, or loan, a voting
15system or voting system component to any election jurisdiction
16unless the voting system or voting system component is first
17approved by the State Board of Elections pursuant to this
18Section.
19(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
 
20    (10 ILCS 5/24B-2)
21    Sec. 24B-2. Definitions. As used in this Article:
22    "Computer", "automatic tabulating equipment" or
23"equipment" includes apparatus necessary to automatically
24examine and count votes as designated on ballots, and data
25processing machines which can be used for counting ballots and

 

 

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1tabulating results.
2    "Ballot" means paper ballot sheets.
3    "Ballot configuration" means the particular combination of
4political subdivision ballots including, for each political
5subdivision, the particular combination of offices, candidate
6names and questions as it appears for each group of voters who
7may cast the same ballot.
8    "Ballot sheet" means a paper ballot printed on one or both
9sides which is (1) designed and prepared so that the voter may
10indicate his or her votes in designated areas, which must be
11areas clearly printed or otherwise delineated for such
12purpose, and (2) capable of having votes marked in the
13designated areas automatically examined, counted, and
14tabulated by an electronic scanning process.
15    "Central counting" means the counting of ballots in one or
16more locations selected by the election authority for the
17processing or counting, or both, of ballots. A location for
18central counting shall be within the territorial jurisdiction
19of the election authority unless there is no suitable
20tabulating equipment available within his territorial
21jurisdiction. However, in any event a counting location shall
22be within this State.
23    "Computer operator" means any person or persons designated
24by the election authority to operate the automatic tabulating
25equipment during any portion of the vote tallying process in
26an election, but shall not include judges of election

 

 

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1operating vote tabulating equipment in the precinct.
2    "Computer program" or "program" means the set of operating
3instructions for the automatic tabulating equipment that
4examines, counts, tabulates, canvasses and prints votes
5recorded by a voter on a ballot.
6    "Edit listing" means a computer generated listing of the
7names of each candidate and proposition as they appear in the
8program for each precinct.
9    "Header sheet" means a data processing document which is
10coded to indicate to the computer the precinct identity of the
11ballots that will follow immediately and may indicate to the
12computer how such ballots are to be tabulated.
13    "In-precinct counting" means the counting of ballots on
14automatic tabulating equipment provided by the election
15authority in the same precinct polling place in which those
16ballots have been cast.
17    "Marking device" means a pen, computer, or other device
18approved by the State Board of Elections for marking, or
19causing to be marked, a paper ballot with ink or other
20substance which will enable the ballot to be tabulated by
21automatic tabulating equipment or by an electronic scanning
22process.
23    "Precinct Tabulation Optical Scan Technology" means the
24capability to examine a ballot through electronic means and
25tabulate the votes at one or more counting places.
26    "Redundant count" means a verification of the original

 

 

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1computer count by another count using compatible equipment or
2by hand as part of a discovery recount.
3    "Security designation" means a printed designation placed
4on a ballot to identify to the computer program the offices and
5propositions for which votes may be cast and to indicate the
6manner in which votes cast should be tabulated while negating
7any inadmissible votes.
8    "Separate ballot", with respect to ballot sheets, means a
9separate portion of the ballot sheet which is clearly defined
10by a border or borders or shading.
11    "Specimen ballot" means a representation of names of
12offices and candidates and statements of measures to be voted
13on which will appear on the official ballot or marking device
14on election day. The specimen ballot also contains the party
15and position number where applicable.
16    "Voting defect identification" means the capability to
17detect overvoted ballots or ballots which cannot be read by
18the automatic tabulating equipment.
19    "Voting defects" means an overvoted ballot, or a ballot
20which cannot be read by the automatic tabulating equipment.
21    "Voting system" or "electronic voting system" means that
22combination of equipment and programs used in the casting,
23examination and tabulation of ballots and the cumulation and
24reporting of results by electronic means. "Voting System" or
25"Electronic Voting System" does not mean a direct recording
26electronic voting system or a system that uses a computer as

 

 

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1the marking device to mark a ballot sheet.
2(Source: P.A. 93-574, eff. 8-21-03.)
 
3    (10 ILCS 5/24B-9.1)
4    Sec. 24B-9.1. Examination of Votes by Electronic Precinct
5Tabulation Optical Scan Technology Scanning Process or other
6authorized electronic process; definition of a vote.
7    (a) Examination of Votes by Electronic Precinct Tabulation
8Optical Scan Technology Scanning Process. Whenever a Precinct
9Tabulation Optical Scan Technology process is used to
10automatically examine and count the votes on ballot sheets,
11the provisions of this Section shall apply. A voter shall cast
12a proper vote on a ballot sheet by making a mark, or causing a
13mark to be made, in the designated area for the casting of a
14vote for any party or candidate or for or against any
15proposition. For this purpose, a mark is an intentional
16darkening of the designated area on the ballot, and not an
17identifying mark.
18    (b) For any ballot sheet that does not register a vote for
19one or more ballot positions on the ballot sheet on a
20Electronic Precinct Tabulation Optical Scan Technology
21Scanning Process, the following shall constitute a vote on the
22ballot sheet:
23        (1) the designated area for casting a vote for a
24    particular ballot position on the ballot sheet is fully
25    darkened or shaded in;

 

 

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1        (2) the designated area for casting a vote for a
2    particular ballot position on the ballot sheet is
3    partially darkened or shaded in;
4        (3) the designated area for casting a vote for a
5    particular ballot position on the ballot sheet contains a
6    dot or ".", a check, or a plus or "+";
7        (4) the designated area for casting a vote for a
8    particular ballot position on the ballot sheet contains
9    some other type of mark that indicates the clearly
10    ascertainable intent of the voter to vote based on the
11    totality of the circumstances, including but not limited
12    to any pattern or frequency of marks on other ballot
13    positions from the same ballot sheet; or
14        (5) the designated area for casting a vote for a
15    particular ballot position on the ballot sheet is not
16    marked, but the ballot sheet contains other markings
17    associated with a particular ballot position, such as
18    circling a candidate's name, that indicates the clearly
19    ascertainable intent of the voter to vote, based on the
20    totality of the circumstances, including but not limited
21    to, any pattern or frequency of markings on other ballot
22    positions from the same ballot sheet.
23    (c) (Blank). For other electronic voting systems that use
24a computer as the marking device to mark a ballot sheet, the
25bar code found on the ballot sheet shall constitute the votes
26found on the ballot. If, however, the county clerk or board of

 

 

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1election commissioners determines that the votes represented
2by the tally on the bar code for one or more ballot positions
3is inconsistent with the votes represented by numerical ballot
4positions identified on the ballot sheet produced using a
5computer as the marking device, then the numerical ballot
6positions identified on the ballot sheet shall constitute the
7votes for purposes of any official canvass or recount
8proceeding. An electronic voting system that uses a computer
9as the marking device to mark a ballot sheet shall be capable
10of producing a ballot sheet that contains all numerical ballot
11positions selected by the voter, and provides a place for the
12voter to cast a write-in vote for a candidate for a particular
13numerical ballot position.
14    (d) The election authority shall provide an envelope,
15sleeve or other device to each voter so the voter can deliver
16the voted ballot sheet to the counting equipment and ballot
17box without the votes indicated on the ballot sheet being
18visible to other persons in the polling place.
19(Source: P.A. 95-331, eff. 8-21-07.)
 
20    (10 ILCS 5/19A-75 rep.)
21    (10 ILCS 5/24A-20 rep.)
22    (10 ILCS 5/Art. 24C rep.)
23    Section 10. The Election Code is amended by repealing
24Sections 19A-75 and 24A-20 and Article 24C.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2024.".