093_HB1149

 
                                     LRB093 06274 JAM 06387 b

 1        AN ACT concerning elections.

 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  16-4.1, 17-11, 17-21, 18-9, 22-15.1, 24-1, 24A-5.1,
 6    24A-6, 24A-15, 24A-16, 24B-5.1, 24B-6, 24B-15, and 24B-16 and
 7    by adding Section 17-19a as follows:

 8        (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
 9        Sec.  16-4.1.   Ballots;  Form;  Consolidated  Elections.
10    This Section shall apply only  to  the  consolidated  primary
11    election,  and the consolidated election, except as otherwise
12    expressly provided herein.
13        The ballot for the nomination or election of officers  of
14    each  political  subdivision  shall  be considered a separate
15    ballot, and candidates for  such  offices  shall  be  grouped
16    together.   Where  paper  ballots  are  used,  the  names  of
17    candidates  for  nomination  or  election  to  more  than one
18    political subdivision may be contained on  a  common  ballot,
19    provided  that  such  ballot  clearly indicates and separates
20    each political subdivision from which such officers are to be
21    nominated or elected. In the case of  partisan  elections  of
22    officers,  a  separate  party circle shall be included at the
23    head  of  the  portion  of  the  ballot  for  each  political
24    subdivision for which candidates of  political  parties  have
25    been  nominated.   When  an  electronic voting system is used
26    that utilizes a ballot label booklet, the party  circles  for
27    straight-party  voting  shall  be  on the same ballot page on
28    which are listed the candidates for the political subdivision
29    election for which that party circle applies.
30        At the  consolidated  election,  the  ballot  for  school
31    district  offices  shall  precede  the  ballot  for community
 
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 1    college district offices, and thereafter the ballot order  of
 2    the  political subdivision officers to be elected shall be as
 3    determined by the election authority.  In the case of  school
 4    districts other than community consolidated school districts,
 5    the ballot for non-high school district offices shall precede
 6    the ballot for high school district offices.
 7        At  the  consolidated  primary  and  at  the consolidated
 8    election, the ballot for nomination or election of  municipal
 9    officers  shall precede the ballot for township officers.  At
10    the consolidated election, following the ballot for municipal
11    and township offices shall be the ballots for  park  district
12    and  library  district  offices, following which shall be the
13    ballots for other political subdivision offices in the  order
14    determined by the election authority.
15        The  election  authority,  in  determining  the  order of
16    ballot placement for offices of political subdivisions  whose
17    ballot placement is not specified in this Section, shall give
18    due  regard  to the clarity of the ballot presentation to the
19    voters, cost and administrative ease, and the requirement  to
20    provide separate ballot formats within precincts in which the
21    electors  are  not  entitled  to vote for the same offices or
22    propositions.  At the  request  of  a  political  subdivision
23    which  extends  into more than one election jurisdiction, the
24    election authority shall endeavor to coordinate placement and
25    color of the ballot  for  such  subdivision  with  the  other
26    election  authorities  responsible  for preparing ballots for
27    such  subdivision  election.   The  election  authority   may
28    conduct  a lottery to determine the order of ballot placement
29    of political subdivision ballots  where  such  order  is  not
30    specified  in  this  Section.   Such lottery may be conducted
31    jointly by two or more election authorities.
32    (Source: P.A. 89-700,  eff.  1-17-97;  90-358,  eff.  1-1-98;
33    90-655, eff. 7-30-98.)
 
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 1        (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
 2        Sec.  17-11.  On  receipt  of  his ballot the voter shall
 3    forthwith, and without leaving  the  inclosed  space,  retire
 4    alone  to  one  of  the  voting  booths so provided and shall
 5    prepare his ballot by making in  the  appropriate  margin  or
 6    place  a  cross (X) opposite the name of the candidate of his
 7    choice for each office to be filled, or  by  writing  in  the
 8    name  of the candidate of his choice in a blank space on said
 9    ticket, making a cross (X) opposite thereto; and in case of a
10    question submitted to the vote of the people,  by  making  in
11    the  appropriate  margin  or  place  a  cross (X) against the
12    answer he desires to give. A cross (X) in the square in front
13    of the bracket enclosing the names of a  team  of  candidates
14    for  Governor  and Lieutenant Governor counts as one vote for
15    each of such candidates. If the voter desires to vote for all
16    of  the  candidates  of  one  political  party  or  group  of
17    petitioners, he may place such mark at the appropriate  place
18    preceding  the  appellation or title under which the names of
19    the candidates of such party  or  group  of  petitioners  are
20    printed,  and  the  ballot so marked shall be counted as cast
21    for all of the candidates named under that  title,  provided,
22    further,   that   the  voter  may  place  such  mark  at  the
23    appropriate place preceding the appellation or title  of  one
24    party  or  group  of  petitioners  and  may also mark, at the
25    appropriate place preceding the name or names of one or  more
26    candidates  printed  under  the  appellation or title of some
27    other party or group of petitioners, and a ballot  so  marked
28    shall  be  counted as cast for all the candidates named under
29    the appellation or title that has been so marked,  except  as
30    to the officers as to which he has placed such mark preceding
31    the  name  or  names  of  some  other candidate or candidates
32    printed under the title of  some  other  party  or  group  of
33    petitioners,  and  as to such it shall be counted as cast for
34    the candidate or candidates preceding  whose  name  or  names
 
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 1    such  mark  may  have  been placed. Before leaving the voting
 2    booth the voter shall fold his ballot in such  manner  as  to
 3    conceal  the  marks  thereon. He shall then vote forthwith in
 4    the  manner  herein  provided,   except   that   the   number
 5    corresponding  to  the  number of the voter on the poll books
 6    shall not be indorsed on the back of  his  ballot.  He  shall
 7    mark  and  deliver  his ballot without undue delay, and shall
 8    quit said inclosed space as soon as he has  voted.  No  voter
 9    shall be allowed to occupy a voting booth already occupied by
10    another,  nor remain within said inclosed space more than ten
11    minutes, nor to occupy a voting booth more than five  minutes
12    in case all of said voting booths are in use and other voters
13    waiting to occupy the same. No voter not an election officer,
14    shall,  after  having  voted,  be  allowed  to  re-enter said
15    inclosed space during said election. No person shall take  or
16    remove  any ballot from the polling place before the close of
17    the poll. No voter shall vote or offer  to  vote  any  ballot
18    except such as he has received from the judges of election in
19    charge  of  the  ballots. Any voter who shall, by accident or
20    mistake, spoil his ballot, may,  on  returning  said  spoiled
21    ballot,  receive another in place thereof only after the word
22    "spoiled" has been  written  in  ink  diagonally  across  the
23    entire face of the ballot returned by the voter.
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,
27    whichever is applicable.
28    (Source: P.A. 89-700, eff. 1-17-97.)

29        (10 ILCS 5/17-19a new)
30        Sec. 17-19a.  Tallying  straight  ticket  votes.  At  all
31    general  and  special  elections held in this State, when the
32    law  requires  that  judges  tally  the  votes  received   by
33    candidates at the election, it shall not be necessary for the
 
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 1    judges  of  election to mark upon their tally sheets separate
 2    marks or tallies for each vote  received  by  the  candidates
 3    upon  the  ballots  containing the same names, commonly known
 4    and in this Act designated as "straight  tickets".  When  the
 5    judges  have  counted and announced to the judges keeping the
 6    tally, as near as may be as provided by law,  the  number  of
 7    votes  received  by each set of candidates upon the "straight
 8    tickets", the tally judges shall set  that  number  of  votes
 9    down,  in figures opposite or directly below the names of the
10    respective candidates, in a column or line provided for  that
11    purpose upon the tally sheets. That column or line shall read
12    "number of straight votes". The same column shall be used for
13    the  candidates  for Governor and Lieutenant Governor running
14    on the same ticket. The judges shall then  proceed  to  count
15    and  announce  the  votes received by each candidate upon all
16    ballots other than "straight tickets", including all  ballots
17    known  as "split tickets" and all ballots known as "scratched
18    tickets". The tally judges shall proceed to tally  the  votes
19    upon  the tally sheets and to compare and announce the result
20    thereof. The counting,  announcing,  and  tallying  shall  be
21    conducted as otherwise provided in this Act. The tally judges
22    shall  set  down, in figures, the number of votes received by
23    each candidate on ballots other than "straight  tickets",  as
24    so  ascertained and announced, in an adjoining column or line
25    provided for that purpose upon the tally sheets,  immediately
26    opposite or below the name of each candidate. That line shall
27    read  "Number  of  other votes". The judges keeping the tally
28    shall then proceed  to  add  together  the  number  of  votes
29    received  by  each  candidate, as shown in the column or line
30    containing the straight votes and the number as shown in  the
31    column  or  line  containing  the  votes  other than straight
32    votes. The  result  will  show  the  total  number  of  votes
33    received by each candidate. After comparing their results and
34    finding  that  the  results agree and are correct, the judges
 
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 1    shall set down the  results,  in  figures,  in  an  adjoining
 2    column  or  line  provided  upon  the  tally  sheets for that
 3    purpose, which shall be directly opposite or below  the  line
 4    for  recording  the  votes on split and scratched ballots and
 5    shall read "candidates total vote". One of the  tally  judges
 6    shall  announce in a loud voice to the other judges the total
 7    number of votes received by and counted for each candidate.
 8        Nothing in this Section shall be construed  to  authorize
 9    or  permit canvassing, counting, or tallying ballots with any
10    less degree of strictness than otherwise required by law. The
11    intention of this Section is to dispense with the  individual
12    tally  marks  only so far as the so-called "straight tickets"
13    are concerned. All other operations  of  tallying,  counting,
14    canvassing, and announcing the votes shall proceed as near as
15    may  be  in accordance with the other provisions of this Act.
16    Tally sheets and certificates may be prepared in book form or
17    in accordion folds.
18        This Section shall apply to all elections for members  of
19    the General Assembly except as specified in Section 17-19.1.

20        (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
21        Sec.  17-21.  When the votes shall have been examined and
22    counted, the judges shall set down on a sheet or return  form
23    to  be  supplied to them, the name of every person voted for,
24    written or printed at full length, the office for which  such
25    person received such votes, and the number he did receive and
26    such  additional  information as is necessary to complete, as
27    nearly as  circumstances  will  admit,  the  following  form,
28    to-wit:
29                   TALLY SHEET AND CERTIFICATE OF
30                               RESULTS
31        We  do  hereby  certify that at the .... election held in
32    the precinct hereinafter (general or  special)  specified  on
33    the  ....  day of ...., in the year of our Lord, one thousand
 
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 1    nine hundred and ...., a total of .... voters  requested  and
 2    received ballots and we do further certify:
 3        Number of blank ballots delivered to us ....
 4        Number of absentee ballots delivered to us ....
 5        Total number of ballots delivered to us ....
 6        Number of blank and spoiled ballots returned.
 7        (1)  Total number of ballots cast (in box)....
 8        .... Straight Republican ballots cast
 9        .... Straight Democratic ballots cast
10        .... Split ballots cast
11        .... Defective and Objected To ballots sealed in envelope
12        (2)  .... Total number of ballots cast (in box)
13                      Line (2) equals line (1)
14        We  further  certify  that  each  of  the  candidates for
15    representative in the General Assembly received the number of
16    votes ascribed to him on the separate tally sheet.
17        We further  certify  that  each  candidate  received  the
18    number  of  votes  set  forth opposite his name or in the box
19    containing his name on the tally sheet contained in the  page
20    or pages immediately following our signatures.
21        The undersigned actually served as judges and counted the
22    ballots  at  the election on the .... day of .... in the ....
23    precinct of the (1) *township of ...., or (2) *City of  ....,
24    or  (3)  *....  ward  in  the city of .... and the polls were
25    opened at 6:00 A.M. and closed at 7:00 P.M. Certified by us.
26                   *Fill in either (1), (2) or (3)
27             A B, ....(Address)
28             C D, ....(Address)
29             E F, ....(Address)
30             G H, ....(Address)
31             I J, ....(Address)

32        Each tally sheet shall be in  substantially  one  of  the
33    following forms:
34    -------------------------------------------------------------
 
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 1                         Number   Number
 2                           of       of    Candidate's
 3    Name of Candidates  Straight  Split      Total
 4    office     Names     Votes    Votes      Vote     5  10 15 20
 5    -------------------------------------------------------------
 6    United  John Smith     60       17        77            11
 7    States
 8    Senator
 9    -------------------------------------------------------------
10    -------------------------------------------------------------
11                         Names of candidates
12    Name of               and total vote
13    office                  for each                  5  10 15 20
14    -------------------------------------------------------------
15    For United    John Smith
16    States        No. of Straight votes ......
17    Senator       No. of other votes..........
18                  Total Vote..................
19    -------------------------------------------------------------
20    (Source: P.A. 89-700, eff. 1-17-97.)

21        (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
22        Sec.  18-9.  The judges of election shall first count the
23    whole number of ballots in the box. If the ballots  shall  be
24    found  to  exceed the number of applications for ballot, they
25    shall reject the ballots, if any, found folded  inside  of  a
26    ballot.  And  if  the ballots and the applications for ballot
27    still do not agree after such rejection,  the  ballots  shall
28    be  replaced  in  the box and the box closed and well shaken,
29    and again opened; and one of the judges shall  publicly  draw
30    out   so  many  ballots  unopened  as  shall be equal to such
31    excess.  Such excess  ballots  shall  be  marked  "Excess-Not
32    Counted"  and  signed  by  a  majority of judges and shall be
33    placed in the "After 6:00 p.m. Defective  Ballots  Envelope".
 
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 1    The  number  of  excess ballots shall be noted in the remarks
 2    section of the  Certificate  of  Results.   "Excess"  ballots
 3    shall  not  be  counted  in the total of "defective" ballots.
 4    And the ballots  and applications for ballot  being  made  to
 5    agree  in  this  way,  the  judges shall proceed to count the
 6    votes in the following manner:  The  judges  shall  open  the
 7    ballots   and  place  those  which  contain  the  same  names
 8    together, so that the several  kinds  shall  be  in  separate
 9    piles  or on separate files. Each of the judges shall examine
10    the separate files which are, or are supposed to  be,  alike,
11    and  exclude  from such files any which may have a name or an
12    erasure, or in any manner shall be different from the  others
13    of  such  file. One of the judges shall then take one file of
14    the kind of ballots which contain the same names,  and  count
15    them  by  tens,  carefully examining each name on each of the
16    ballots. Such judge shall then pass the ten ballots aforesaid
17    to the judge sitting next to him, who shall count them in the
18    same manner, who shall then pass them to a third  judge,  who
19    shall  also  count  them  in  the same manner. Then the third
20    judge shall call the names of the persons named  in  the  ten
21    ballots, and the offices for which they are designated, and 2
22    of the judges, who did not assist in the counting shall tally
23    ten  votes  for  each  of  such  persons,  except  as  herein
24    otherwise  provided.  When the judges shall have gone through
25    such file of ballots, containing the same  names,  and  shall
26    count  them by tens in the same way, and shall call the names
27    of the persons named in the ballots and the office for  which
28    they  are  designated, the tally judges shall tally the votes
29    by tens for each of such persons in the same manner as in the
30    first instance. When the counting of  each  file  of  ballots
31    which  contain  the  same names shall be completed, the tally
32    judges shall compare their tallies together and ascertain the
33    total number of ballots of that kind so canvassed;  and  when
34    they  agree upon the number, one of them shall announce it in
 
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 1    a loud voice to the  other  judges.  The  judges  shall  then
 2    canvass  the  other kinds of ballots which do not correspond,
 3    those containing names partly from one kind  of  ballots  and
 4    partly  from another, being those  from which the name of the
 5    person proper to be  voted  for  on  such  ballots  has  been
 6    omitted  or  erased, usually called "scratched tickets". They
 7    shall be canvassed separately by one of  the  judges  sitting
 8    between  2  other judges, which judge shall call each name to
 9    the tally judges and the office for which it  is  designated,
10    and  the other judges looking at the ballot at the same time,
11    and the tally judges making tally of the same. When  all  the
12    ballots  have been canvassed in this manner, the tally judges
13    shall compare their tallies together, and ascertain the total
14    number of votes received by  each  candidate  and  when  they
15    agree  upon  the numbers one of them shall announce in a loud
16    voice to the judges the number  of  votes  received  by  each
17    candidate  on  each  of  the  kinds of ballots containing his
18    name, the number received by him on the straight and  scratch
19    tickets,  and  the total number of votes received by him. The
20    provisions of Section 17-19a shall apply to the  tallying  of
21    votes on straight tickets.
22        The  votes  for  the  offices  of Governor and Lieutenant
23    Governor shall be counted and tallied jointly.
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,
27    whichever is applicable.
28    (Source: P.A. 89-700, eff. 1-17-97.)

29        (10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
30        Sec.  22-15.1.   (a) Within 60 days following the canvass
31    of the general election within  each  election  jurisdiction,
32    the  election  authority  shall  prepare,  in  typewritten or
33    legible computer-generated form, a report of the abstracts of
 
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 1    votes by precinct for all offices  and  questions  of  public
 2    policy  in  connection  with which votes were cast within the
 3    election jurisdiction at the general  election.   The  report
 4    shall  include  the  total number of ballots cast within each
 5    precinct, and the total number of  registered  voters  within
 6    each  precinct, and, in those election jurisdictions in which
 7    electronic voting systems  are  used,  the  total  number  of
 8    straight-party  ballots  cast  at  the general election.  The
 9    election authority shall provide a copy of the report to  the
10    chairman  of the county central committee of each established
11    political party in  the  county  within  which  the  election
12    jurisdiction is contained, and shall make a reasonable number
13    of  copies  of  the  report available for distribution to the
14    public.
15        (b)  Within 60 days after  the  effective  date  of  this
16    amendatory   Act  of  1985,  each  election  authority  shall
17    prepare, in typewritten or legible computer-generated form, a
18    report of the type required by subsection (a) concerning  the
19    general  election  of  1984.   The  election  authority shall
20    provide a copy of the report to the chairman  of  the  county
21    central  committee of each established political party in the
22    county in which the election jurisdiction is  contained,  and
23    shall  make  a  reasonable  number  of  copies  of the report
24    available for distribution to the public.
25        (c)  An election authority may charge a fee to  reimburse
26    the actual cost of duplicating each copy of a report provided
27    pursuant to subsection (a) or (b).
28    (Source: P.A. 89-700, eff. 1-17-97.)

29        (10 ILCS 5/24-1) (from Ch. 46, par. 24-1)
30        Sec.  24-1.  The  election authority in all jurisdictions
31    when voting machines are  used  shall,  except  as  otherwise
32    provided  in  this  Code,  provide a voting machine or voting
33    machines for any or all of the election precincts or election
 
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 1    districts, as  the  case  may  be,  for  which  the  election
 2    authority  is  by  law charged with the duty of conducting an
 3    election  or  elections.  A  voting   machine   or   machines
 4    sufficient in number to provide a machine for each 400 voters
 5    or  fraction  thereof  shall  be  supplied  for  use  at  all
 6    elections.  However,  no  such  voting machine shall be used,
 7    purchased, or adopted  until  the  board  of  voting  machine
 8    commissioners   hereinafter   provided  for,  or  a  majority
 9    thereof, shall have made and filed a report  certifying  that
10    they have examined such machine; that it affords each elector
11    an  opportunity  to vote in absolute secrecy; that it enables
12    each elector to vote a straight-party ticket; that it enables
13    each elector to vote a  ticket  selected  in  part  from  the
14    nominees  of  one party, and in part from the nominees of any
15    or all other parties, and in part from  independent  nominees
16    printed  in  the columns of candidates for public office, and
17    in part of persons not in nomination by any party or upon any
18    independent ticket; that it enables each elector  to  vote  a
19    written  or  printed  ballot  of  his  own selection, for any
20    person for any office for whom he may desire to vote; that it
21    enables each elector to vote for all candidates for  whom  he
22    is  entitled  to  vote,  and prevents him from voting for any
23    candidate for  any  office  more  than  once,  unless  he  is
24    lawfully  entitled  to  cast  more  than  one  vote  for  one
25    candidate, and in that event permits him to cast only as many
26    votes  for  that  candidate  as he is by law entitled, and no
27    more; that it prevents the elector from voting for more  than
28    one  person  for  the  same  office,  unless  he  is lawfully
29    entitled to vote for more than one person  therefor,  and  in
30    that  event  permits him to vote for as many persons for that
31    office as he is by law entitled, and no more; and  that  such
32    machine  will  register  correctly by means of exact counters
33    every vote cast for the regular tickets thereon; and has  the
34    capacity  to  contain  the  tickets  of  at least 5 political
 
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 1    parties  with  the  names  of  all  the  candidates  thereon,
 2    together with all propositions in the form provided  by  law,
 3    where such form is prescribed, and where no such provision is
 4    made  for the form thereof, then in brief form, not to exceed
 5    75 words; that all votes cast on the  machine  on  a  regular
 6    ballot  or  ballots  shall be registered; that voters may, by
 7    means of irregular ballots or otherwise vote for  any  person
 8    for  any  office,  although  such  person  may  not have been
 9    nominated by any party and his name may not  appear  on  such
10    machine; that when a vote is cast for any person for any such
11    office,  when  his  name  does not appear on the machine, the
12    elector cannot vote for any other name on the machine for the
13    same office;  that  each  elector  can,  understandingly  and
14    within  the  period  of  4  minutes  cast  his  vote  for all
15    candidates of his choice; that the machine is so  constructed
16    that  the  candidates  for presidential electors of any party
17    can be  voted  for  only  by  voting  for  the  ballot  label
18    containing  a  bracket  within  which  are  the  names of the
19    candidates for President and Vice-President of the  party  or
20    group;  that  the machine is provided with a lock or locks by
21    the use of which any movement of the  voting  or  registering
22    mechanism  is  absolutely  prevented  so  that  it  cannot be
23    tampered with  or  manipulated  for  any  purpose;  that  the
24    machine is susceptible of being closed during the progress of
25    the  voting  so  that no person can see or know the number of
26    votes registered for any  candidate;  that  each  elector  is
27    permitted to vote for or against any question, proposition or
28    amendment upon which he is entitled to vote, and is prevented
29    from  voting  for  or  against  any  question, proposition or
30    amendment upon which he is not entitled  to  vote;  that  the
31    machine  is  capable of adjustment by the election authority,
32    so as to permit the elector, at a party primary election,  to
33    vote  only  for  the  candidates  seeking  nomination  by the
34    political party in which primary  he  is  entitled  to  vote:
 
                            -14-     LRB093 06274 JAM 06387 b
 1    Provided,  also  that  no  such  machine or machines shall be
 2    purchased, unless the party or parties making the sale  shall
 3    guarantee  in writing to keep the machine or machines in good
 4    working order for 5 years without additional cost  and  shall
 5    give a sufficient bond conditioned to that effect.
 6    (Source: P.A. 89-700, eff. 1-17-97.)

 7        (10 ILCS 5/24A-5.1) (from Ch. 46, par. 24A-5.1)
 8        Sec.  24A-5.1.  For the instruction of voters on election
 9    day, the election official in charge of  the  election  shall
10    provide   at   each   polling   place  one  instruction-model
11    electronic  voting   system   marking   device.   Each   such
12    instruction-model  shall  show the arrangement of party rows,
13    office columns and questions. Such model shall be located  at
14    a  place which voters must pass to reach the official marking
15    device used in the actual casting of votes.
16        Before entering the voting  booth  each  voter  shall  be
17    offered instruction in the operation of the marking device by
18    use  of  the  instruction-model  and the voter shall be given
19    ample  opportunity  to  operate  the  model  by  himself.  In
20    instructing voters, no precinct official may show  partiality
21    to  any  political party, and when instructing a voter on how
22    to vote  a  straight  ticket  for  one  political  party  the
23    precinct  official  shall at the same time instruct the voter
24    how to vote a straight ticket for any other  political  party
25    that  appears  on the ballot label. The duties of instruction
26    shall be discharged by a judge from  each  of  the  political
27    parties  represented  and  they  shall  alternate  serving as
28    instructor so that each judge shall serve a like time at such
29    duties. No instructions may be  given  after  the  voter  has
30    entered the voting booth.
31        No  precinct official, or person assisting a voter may in
32    any manner request, suggest, or seek to  persuade  or  induce
33    any  voter  to  cast  his  vote  for  any  particular ticket,
 
                            -15-     LRB093 06274 JAM 06387 b
 1    candidate,   amendment,   question   or   proposition.    All
 2    instructions  shall  be given by precinct officials in such a
 3    manner that it may  be  observed  by  other  persons  in  the
 4    polling place.
 5    (Source: P.A. 89-700, eff. 1-17-97.)

 6        (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
 7        Sec. 24A-6. The ballot information, whether placed on the
 8    ballot   or   on   the  marking  device,  shall,  as  far  as
 9    practicable, be in the  order  of  arrangement  provided  for
10    paper  ballots,  except  that  such  information  may  be  in
11    vertical  or  horizontal  rows,  or  in  a number of separate
12    pages. Ballots for all questions or propositions to be  voted
13    on  must  be provided in the same manner and must be arranged
14    on or in the marking device or on the  ballot  sheet  in  the
15    places provided for such purposes.
16        When  an electronic voting system utilizes a ballot label
17    booklet and ballot  card,  ballots  for  candidates,  ballots
18    calling   for  a  constitutional  convention,  constitutional
19    amendment  ballots,   judicial  retention   ballots,   public
20    measures, and all propositions to be voted upon may be placed
21    on  the  electronic  voting device by providing in the ballot
22    booklet separate  ballot  label  pages  or  series  of  pages
23    distinguished by differing colors as provided below.  When an
24    electronic  voting  system  utilizes  a ballot sheet, ballots
25    calling  for  a  constitutional  convention,   constitutional
26    amendment  ballots  and  judicial  retention ballots shall be
27    placed on the ballot sheet by providing a separate portion of
28    the ballot sheet for each such kind of ballot which shall  be
29    printed in ink of a color distinct from the color of ink used
30    in  printing  any other portion of the ballot sheet.  Ballots
31    for candidates, public measures and all other propositions to
32    be voted  upon  shall  be  placed  on  the  ballot  sheet  by
33    providing  a  separate  portion  of the ballot sheet for each
 
                            -16-     LRB093 06274 JAM 06387 b
 1    such kind of ballot.  Below the name of  the  last  candidate
 2    listed  for  an  office  shall be printed a line on which the
 3    name of  a  candidate  may  be  written  by  the  voter,  and
 4    immediately  to  the  left  of  such  line  an  area shall be
 5    provided for marking a  vote  for  such  write-in  candidate.
 6    More  than one amendment to the constitution may be placed on
 7    the same ballot page or  series  of  pages  or  on  the  same
 8    portion  of  the  ballot  sheet,  as the case may be.  Ballot
 9    label pages for constitutional conventions or  constitutional
10    amendments  shall be on paper of blue color and shall precede
11    all other ballot label pages in  the  ballot  label  booklet.
12    More  than one public measure or proposition may be placed on
13    the same ballot label page or series of pages or on the  same
14    portion  of  the ballot sheet, as the case may be.  More than
15    one proposition for retention of  judges  in  office  may  be
16    placed on the same ballot label page or series of pages or on
17    the  same  portion  of  the ballot sheet, as the case may be.
18    Ballot label pages for candidates shall be on paper of  white
19    color, except that in primary elections the ballot label page
20    or  pages  for  the  candidates  of each respective political
21    party shall be  of  the  color  designated  by  the  election
22    official in charge of the election for that political party's
23    candidates; provided that the ballot label pages or pages for
24    candidates  for  use  at  the  nonpartisan  and  consolidated
25    elections  may  be on paper of different colors, except blue,
26    whenever necessary or desirable to facilitate  distinguishing
27    between  the  pages  for  different  political  subdivisions.
28    Except  as  provided  in  Section  16-4.1, in elections where
29    provision is made for  straight-party  voting  by  marking  a
30    party  circle,  the  designation of the political parties for
31    straight-party voting shall be on a separate page on which no
32    names of candidates shall appear,  except  no  straight-party
33    circle  shall  be  necessary  for  any  special  election not
34    conducted on a regularly scheduled election  day  and  called
 
                            -17-     LRB093 06274 JAM 06387 b
 1    for  the  purpose  of  filling  a  vacancy  in  the office of
 2    Representative in the United States Congress.  However,  such
 3    page  shall  be of the same color as the pages containing the
 4    names of candidates for office. On each  succeeding  page  of
 5    the  candidate  booklet,  where  the election is made to list
 6    ballot information vertically, the party affiliation of  each
 7    candidate  or the word "independent" shall appear immediately
 8    to the  left  of  the  candidate's  name,  and  the  name  of
 9    candidates  for  the  same  office shall be listed vertically
10    under the title of that office. In the  case  of  nonpartisan
11    elections  for officers of political subdivisions, unless the
12    statute or an ordinance adopted pursuant to  Article  VII  of
13    the  Constitution  requires  otherwise,  the  listing of such
14    nonpartisan  candidates  shall  not  include  any  party   or
15    "independent"  designation.  Ballot  label pages for judicial
16    retention ballots shall be  on  paper  of  green  color,  and
17    ballot   label  pages  for  all  public  measures  and  other
18    propositions shall be on paper of  some  other  distinct  and
19    different  color.  In  primary  elections,  a separate ballot
20    label booklet, marking device and voting booth shall be  used
21    for  each  political party holding a primary, with the ballot
22    label booklet arranged to include ballot label pages  of  the
23    candidates  of  the  party  and  public  measures  and  other
24    propositions  to  be  voted  upon  on  the day of the primary
25    election.  One ballot card may  be  used  for  recording  the
26    voter's vote or choice on all such ballots, proposals, public
27    measures  or  propositions,  and  such  ballot  card shall be
28    arranged so as to record the voter's  vote  or  choice  in  a
29    separate  column  or  columns  for  each such kind of ballot,
30    proposal, public measure or proposition.
31        If the ballot label booklet includes both candidates  for
32    office  and  public  measures or propositions to be voted on,
33    the election official in charge of the election shall  divide
34    the  pages by protruding tabs identifying the division of the
 
                            -18-     LRB093 06274 JAM 06387 b
 1    pages,  and  printing   on   such   tabs   "Candidates"   and
 2    "Propositions".
 3        The  ballot  card  and  all of its columns and the ballot
 4    card  envelope  shall  be  of  the   color   prescribed   for
 5    candidate's  ballots  at  the  general  or  primary election,
 6    whichever is being held.  At an election where no  candidates
 7    are being nominated or elected, the ballot card, its columns,
 8    and  the  ballot card envelope shall be of a color designated
 9    by the election official in charge of the election.
10        The ballot cards, ballot card envelopes and ballot sheets
11    may, at the discretion of the election authority, be  printed
12    on white paper and then striped with the appropriate colors.
13        When ballot sheets are used, the various portions thereof
14    shall be arranged to conform to the foregoing format.
15        Absentee  ballots may consist of ballot cards, envelopes,
16    paper ballots or ballot sheets voted in person in the  office
17    of  the  election official in charge of the election or voted
18    by mail.  Where a ballot card is used for voting by  mail  it
19    must  be  accompanied by a punching tool or other appropriate
20    marking device, voter  instructions  and  a  specimen  ballot
21    showing  the  proper  positions to vote on the ballot card or
22    ballot sheet for  each  party,  candidate,  proposal,  public
23    measure or proposition, and in the case of a ballot card must
24    be  mounted on a suitable material to receive the punched out
25    chip.
26        Any voter who spoils his ballot or  makes  an  error  may
27    return  the  ballot  to  the  judges  of  election and secure
28    another.    However,  the  protruding  identifying  tab   for
29    proposals  for  a constitutional convention or constitutional
30    amendments  shall  have   printed   thereon   "Constitutional
31    Ballot",  and  the  ballot  label  page  or  pages  for  such
32    proposals shall precede the ballot label pages for candidates
33    in the ballot label booklet.
34    (Source: P.A. 89-700, eff. 1-17-97.)
 
                            -19-     LRB093 06274 JAM 06387 b
 1        (10 ILCS 5/24A-15) (from Ch. 46, par. 24A-15)
 2        Sec.   24A-15.  The   precinct   return  printed  by  the
 3    automatic tabulating equipment shall include  the  number  of
 4    ballots  cast  ,  straight-party  tickets, and votes cast for
 5    each candidate  and  proposition  and  shall  constitute  the
 6    official  return  of each precinct. Every ballot on which the
 7    voter has cast a vote for all candidates of one party and  no
 8    votes  for  any  other  candidates  shall  be  reported  as a
 9    straight-party  ticket,  and  all  other  ballots  shall   be
10    reported  as  split  tickets.  In  addition  to  the precinct
11    return, the election authority shall provide  the  number  of
12    applications  for  ballots  in  each  precinct,  the write-in
13    votes, the total number of ballots counted in  each  precinct
14    for each political subdivision and district and the number of
15    registered  voters  in  each  precinct. However, the election
16    authority shall check the totals shown by the precinct return
17    and, if there is an obvious discrepancy with respect  to  the
18    total  number  of  votes cast in any precinct, shall have the
19    ballots for such precinct retabulated to correct the  return.
20    The  procedures  for  retabulation  shall  apply prior to and
21    after the  proclamation  is  completed;  however,  after  the
22    proclamation of results, the election authority must obtain a
23    court  order  to  unseal  voted  ballots  except for election
24    contests  and   discovery   recounts.   In   those   election
25    jurisdictions  that  utilize  in-precinct counting equipment,
26    the certificate of results, which has been  prepared  by  the
27    judges  of  election  in  the polling place after the ballots
28    have been tabulated, shall  be  the  document  used  for  the
29    canvass  of  votes for such precinct.  Whenever a discrepancy
30    exists during the canvass of  votes  between  the  unofficial
31    results  and  the  certificate  of  results,  or  whenever  a
32    discrepancy  exists  during  the canvass of votes between the
33    certificate of results and the set of totals which  has  been
34    affixed  to such certificate of results, the ballots for such
 
                            -20-     LRB093 06274 JAM 06387 b
 1    precinct shall be retabulated to correct the return.   As  an
 2    additional  part  of this check prior to the proclamation, in
 3    those jurisdictions where in-precinct counting  equipment  is
 4    utilized,  the  election authority shall retabulate the total
 5    number of votes cast  in  5%  of  the  precincts  within  the
 6    election jurisdiction.  The precincts to be retabulated shall
 7    be  selected  after  election  day  on  a random basis by the
 8    election authority, so that every precinct  in  the  election
 9    jurisdiction  has  an  equal  mathematical  chance  of  being
10    selected.   The  State  Board  of  Elections  shall  design a
11    standard  and  scientific  random  method  of  selecting  the
12    precincts which are  to  be  retabulated,  and  the  election
13    authority  shall  be  required  to  utilize such method.  The
14    State Board of Elections,  the  State's  Attorney  and  other
15    appropriate  law enforcement agencies, the county chairman of
16    each  established  political  party   and   qualified   civic
17    organizations shall be given prior written notice of the time
18    and  place  of  such  random  selection  procedure and may be
19    represented at  such  procedure.    Such  retabulation  shall
20    consist  of  counting  the ballot cards which were originally
21    counted and shall not involve any determination as  to  which
22    ballot  cards  were,  in fact, properly counted.  The ballots
23    from the  precincts  selected  for  such  retabulation  shall
24    remain  at  all  times  under  the custody and control of the
25    election authority and shall be transported  and  retabulated
26    by the designated staff of the election authority.
27        As  part  of  such  retabulation,  the election authority
28    shall test the computer program in  the  selected  precincts.
29    Such test shall be conducted by processing a preaudited group
30    of  ballots so punched so as to record a predetermined number
31    of  valid  votes  for  each  candidate  and  on  each  public
32    question, and shall include  for  each  office  one  or  more
33    ballots  which  have votes in excess of the number allowed by
34    law in order to test the ability of the equipment  to  reject
 
                            -21-     LRB093 06274 JAM 06387 b
 1    such  votes.   If  any  error is detected, the cause therefor
 2    shall be ascertained and corrected  and  an  errorless  count
 3    shall  be made prior to the official canvass and proclamation
 4    of election results.
 5        The State Board of Elections, the  State's  Attorney  and
 6    other   appropriate  law  enforcement  agencies,  the  county
 7    chairman of each established political  party  and  qualified
 8    civic  organizations  shall  be given prior written notice of
 9    the  time  and  place  of  such  retabulation  and   may   be
10    represented at such retabulation.
11        The  results of this retabulation shall be treated in the
12    same manner and have the same effect as the  results  of  the
13    discovery procedures set forth in Section 22-9.1 of this Act.
14    Upon  completion  of the retabulation, the election authority
15    shall print a comparison of the results of  the  retabulation
16    with  the  original  precinct return printed by the automatic
17    tabulating equipment. Such comparison shall be done for  each
18    precinct and for each office voted upon within that precinct,
19    and the comparisons shall be open to the public.
20    (Source: P.A. 89-700, eff. 1-17-97.)

21        (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
22        Sec.  24A-16.  The State Board of Elections shall approve
23    all voting systems provided by this Article.
24        No voting system shall be approved unless it fulfills the
25    following requirements:
26        (1)  It enables a voter to vote in absolute secrecy;
27        (2)  It enables a voter to vote a  straight-party  ticket
28    (Blank);
29        (3)  It enables a voter to vote a ticket selected in part
30    from the nominees of one party, and in part from the nominees
31    of   any  or  all  parties,  and  in  part  from  independent
32    candidates and in part of candidates whose names are  written
33    in by the voter;
 
                            -22-     LRB093 06274 JAM 06387 b
 1        (4)  It  enables  a  voter  to  vote a written or printed
 2    ticket of his own selection for any person for any office for
 3    whom he may desire to vote;
 4        (5)  It will reject all votes for an  office  or  upon  a
 5    proposition  when  the  voter  has  cast  more votes for such
 6    office or upon such proposition than he is entitled to cast;
 7        (6)  It will accommodate all propositions to be submitted
 8    to the voters in the form provided by law or, where  no  such
 9    form is provided, then in brief form, not to exceed 75 words.
10        The  State  Board  of Elections is authorized to withdraw
11    its approval of a  voting  system  if  the  system  fails  to
12    fulfill the above requirements.
13        No vendor, person or other entity may sell, lease or loan
14    a  voting  system  or voting system component to any election
15    jurisdiction  unless  the  voting  system  or  voting  system
16    component is first approved by the State Board  of  Elections
17    pursuant to this Section.
18    (Source: P.A. 89-700, eff. 1-17-97.)

19        (10 ILCS 5/24B-5.1)
20        Sec.  24B-5.1.  Instruction of Voters; Instruction Model;
21    Partiality to Political Party; Manner of Instruction.  Before
22    entering  the  voting  booth  each  voter  shall  be  offered
23    instruction in the marking of the Precinct Tabulation Optical
24    Scan Technology ballot  sheet.   In  instructing  voters,  no
25    precinct official may show partiality to any political party,
26    and when instructing a voter on how to vote a straight ticket
27    for  one  political  party the precinct official shall at the
28    same time instruct the voter how to vote  a  straight  ticket
29    for  any  other  political  party  that appears on the ballot
30    label.  The duties of instruction shall be  discharged  by  a
31    judge from each of the political parties represented and they
32    shall  alternate  serving  as  instructor  so that each judge
33    shall serve a like time at such duties.  No instructions  may
 
                            -23-     LRB093 06274 JAM 06387 b
 1    be given after the voter has entered the voting booth.
 2        No  precinct official, or person assisting a voter may in
 3    any manner request, suggest, or seek to  persuade  or  induce
 4    any  voter to cast his or her vote for any particular ticket,
 5    candidate,   amendment,   question   or   proposition.    All
 6    instructions shall be given by precinct officials in a manner
 7    that it may be observed  by  other  persons  in  the  polling
 8    place.
 9    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

10        (10 ILCS 5/24B-6)
11        Sec.  24B-6.  Ballot Information; Arrangement; Electronic
12    Precinct Tabulation Optical Scan  Technology  Voting  System;
13    Absentee  Ballots;  Spoiled Ballots.  The ballot information,
14    shall, as far as practicable, be in the order of  arrangement
15    provided  for  paper ballots, except that the information may
16    be in vertical or horizontal rows, or on a number of separate
17    pages.  Ballots for all questions or propositions to be voted
18    on should be  provided  in  a  similar  manner  and  must  be
19    arranged  on the ballot sheet in the places provided for such
20    purposes.  Ballots shall be of white  paper  unless  provided
21    otherwise  by  administrative  rule  of  the  State  Board of
22    Elections or otherwise specified.
23        All  propositions,   including   but   not   limited   to
24    propositions   calling   for   a  constitutional  convention,
25    constitutional  amendment,  judicial  retention,  and  public
26    measures to  be  voted  upon  shall  be  placed  on  separate
27    portions  of  the  ballot  sheet by utilizing borders or grey
28    screens.  Candidates shall be listed on a separate portion of
29    the ballot sheet by utilizing borders or grey screens.  Below
30    the name of the last candidate listed for an office shall  be
31    printed  a  line or lines on which the name of a candidate or
32    candidates may be written by the voter, and proximate to such
33    lines an area shall be provided for  marking  votes  for  the
 
                            -24-     LRB093 06274 JAM 06387 b
 1    write-in  candidate  or  candidates.  The  number of write-in
 2    lines for an office shall equal the number of candidates  for
 3    which  a  voter  may  vote.   More  than one amendment to the
 4    constitution may be placed on the same portion of the  ballot
 5    sheet.  Constitutional convention or constitutional amendment
 6    propositions shall be printed on a separate  portion  of  the
 7    ballot  sheet  and  designated  by  borders  or grey screens,
 8    unless otherwise provided by administrative rule of the State
 9    Board  of  Elections.    More  than  one  public  measure  or
10    proposition may be placed on the same portion of  the  ballot
11    sheet.   More than one proposition for retention of judges in
12    office may be placed on the same portion of the ballot sheet.
13    Names  of  candidates  shall  be  printed   in   black.   The
14    designation  of  the  political  parties  for  straight-party
15    voting shall be in a special section of the ballot, except no
16    means  by  which a voter can cast a straight-party vote shall
17    be necessary for any special  election  not  conducted  on  a
18    regularly  scheduled  election  day  and called for filling a
19    vacancy in the office of Representative in the United  States
20    Congress. The party affiliation of each candidate or the word
21    "independent"  shall  appear  near  or  under the candidate's
22    name, and the names of candidates for the same  office  shall
23    be  listed vertically under the title of that office.  In the
24    case of  nonpartisan  elections  for  officers  of  political
25    subdivisions,  unless  the  statute  or  an ordinance adopted
26    pursuant  to  Article  VII  of  the   Constitution   requires
27    otherwise,  the  listing  of nonpartisan candidates shall not
28    include any party or  "independent"  designation.    Judicial
29    retention  ballots  shall  be  designated  by borders or grey
30    screens.   Ballots  for  all  public   measures   and   other
31    propositions  shall be designated by borders or grey screens.
32    In primary elections, a separate ballot, shall  be  used  for
33    each  political  party  holding  a  primary,  with the ballot
34    arranged to include names of the candidates of the party  and
 
                            -25-     LRB093 06274 JAM 06387 b
 1    public  measures  and  other propositions to be voted upon on
 2    the day of the primary election.
 3        If the ballot includes both  candidates  for  office  and
 4    public  measures or propositions to be voted on, the election
 5    official in charge of the election shall divide the ballot in
 6    sections for "Candidates"  and  "Propositions",  or  separate
 7    ballots may be used.
 8        Absentee  ballots may consist of envelopes, paper ballots
 9    or ballot sheets  voted  in  person  in  the  office  of  the
10    election official in charge of the election or voted by mail.
11    Where a Precinct Tabulation Optical Scan Technology ballot is
12    used  for  voting  by  mail  it  must be accompanied by voter
13    instructions.
14        Any voter who spoils his or her ballot, makes  an  error,
15    or   has  a  ballot  returned  by  the  automatic  tabulating
16    equipment may return the ballot to the judges of election and
17    get another ballot.
18    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

19        (10 ILCS 5/24B-15)
20        Sec. 24B-15.   Official  Return  of  Precinct;  Check  of
21    Totals;  Retabulation.    The  precinct return printed by the
22    automatic  Precinct  Tabulation   Optical   Scan   Technology
23    tabulating  equipment  shall  include  the  number of ballots
24    cast, straight-party  tickets,    and  votes  cast  for  each
25    candidate  and  proposition and shall constitute the official
26    return of each precinct.   Every ballot on  which  the  voter
27    has  cast a vote for all candidates of one party and no votes
28    for  any  other   candidates   shall   be   reported   as   a
29    straight-party   ticket,  and  all  other  ballots  shall  be
30    reported as  split  tickets.  In  addition  to  the  precinct
31    return,  the  election  authority shall provide the number of
32    applications for  ballots  in  each  precinct,  the  write-in
33    votes,  the  total number of ballots counted in each precinct
 
                            -26-     LRB093 06274 JAM 06387 b
 1    for each political subdivision and district and the number of
 2    registered voters in each precinct.   However,  the  election
 3    authority shall check the totals shown by the precinct return
 4    and,  if  there is an obvious discrepancy regarding the total
 5    number of votes cast in any precinct, shall have the  ballots
 6    for  that  precinct  retabulated  to  correct the return. The
 7    procedures for retabulation shall apply prior  to  and  after
 8    the   proclamation   is   completed;   however,   after   the
 9    proclamation of results, the election authority must obtain a
10    court  order  to  unseal  voted  ballots  except for election
11    contests  and   discovery   recounts.   In   those   election
12    jurisdictions  that  use  in-precinct counting equipment, the
13    certificate of results, which has been prepared by the judges
14    of election in the polling place after the ballots have  been
15    tabulated,  shall  be  the  document  used for the canvass of
16    votes for  such  precinct.   Whenever  a  discrepancy  exists
17    during  the  canvass  of votes between the unofficial results
18    and the certificate of results,  or  whenever  a  discrepancy
19    exists during the canvass of votes between the certificate of
20    results  and  the set of totals which has been affixed to the
21    certificate of results, the ballots for that  precinct  shall
22    be  retabulated to correct the return.  As an additional part
23    of  this  check  prior  to   the   proclamation,   in   those
24    jurisdictions  where  in-precinct counting equipment is used,
25    the election authority shall retabulate the total  number  of
26    votes  cast  in  5%  of  the  precincts  within  the election
27    jurisdiction.  The  precincts  to  be  retabulated  shall  be
28    selected after election day on a random basis by the election
29    authority,   so   that   every   precinct   in  the  election
30    jurisdiction  has  an  equal  mathematical  chance  of  being
31    selected.  The  State  Board  of  Elections  shall  design  a
32    standard  and  scientific  random  method  of  selecting  the
33    precincts  which  are  to  be  retabulated,  and the election
34    authority shall be required to use that  method.   The  State
 
                            -27-     LRB093 06274 JAM 06387 b
 1    Board   of   Elections,   the   State's  Attorney  and  other
 2    appropriate law enforcement agencies, the county chairman  of
 3    each   established   political   party  and  qualified  civic
 4    organizations shall be given prior written notice of the time
 5    and place of  the  random  selection  procedure  and  may  be
 6    represented at the procedure.  The retabulation shall consist
 7    of  counting  the  ballots  which were originally counted and
 8    shall not involve any determination of which ballots were, in
 9    fact, properly  counted.   The  ballots  from  the  precincts
10    selected for the retabulation shall remain at all times under
11    the  custody  and control of the election authority and shall
12    be transported and retabulated by the designated staff of the
13    election authority.
14        As part of the retabulation, the election authority shall
15    test the computer program in  the  selected  precincts.   The
16    test  shall  be conducted by processing a preaudited group of
17    ballots marked to record  a  predetermined  number  of  valid
18    votes  for  each  candidate  and on each public question, and
19    shall include for each office one or more ballots which  have
20    votes  in  excess  of  the  number allowed by law to test the
21    ability of the equipment to reject such votes.  If any  error
22    is detected, the cause shall be determined and corrected, and
23    an  errorless  count  shall  be  made  prior  to the official
24    canvass and proclamation of election results.
25        The State Board of Elections, the  State's  Attorney  and
26    other   appropriate  law  enforcement  agencies,  the  county
27    chairman of each established political  party  and  qualified
28    civic  organizations  shall  be given prior written notice of
29    the time and place of the retabulation and may be represented
30    at the retabulation.
31        The results of this retabulation shall be treated in  the
32    same  manner  and  have the same effect as the results of the
33    discovery procedures set forth  in  Section  22-9.1  of  this
34    Code.  Upon  completion  of  the  retabulation,  the election
 
                            -28-     LRB093 06274 JAM 06387 b
 1    authority shall print a comparison  of  the  results  of  the
 2    retabulation with the original precinct return printed by the
 3    automatic tabulating equipment.  The comparison shall be done
 4    for  each precinct and for each office voted upon within that
 5    precinct, and the comparisons shall be open  to  the  public.
 6    Upon  completion  of  the  retabulation, the returns shall be
 7    open to the public.
 8    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

 9        (10 ILCS 5/24B-16)
10        Sec. 24B-16.  Approval  of  Precinct  Tabulation  Optical
11    Scan  Technology Voting Systems; Requisites.  The State Board
12    of Elections shall approve all  Precinct  Tabulation  Optical
13    Scan Technology voting systems provided by this Article.
14        No  Precinct  Tabulation  Optical  Scan Technology voting
15    system shall be approved unless  it  fulfills  the  following
16    requirements:
17             (a)  It enables a voter to vote in absolute secrecy;
18             (b)  It  enables  a  voter  to vote a straight-party
19        ticket (Blank);
20             (c)  It enables a voter to vote a ticket selected in
21        part from the nominees of one party, and in part from the
22        nominees  of  any  or  all  parties,  and  in  part  from
23        independent candidates, and in part of  candidates  whose
24        names are written in by the voter;
25             (d)  It enables a voter to vote a written or printed
26        ticket of his or her own selection for any person for any
27        office for whom he or she may desire to vote;
28             (e)  It  will reject all votes for an office or upon
29        a proposition when the voter has cast more votes for  the
30        office or upon the proposition than he or she is entitled
31        to cast; and
32             (f)  It  will  accommodate  all  propositions  to be
33        submitted to the voters in the form provided by  law  or,
 
                            -29-     LRB093 06274 JAM 06387 b
 1        where  no  form  is  provided, then in brief form, not to
 2        exceed 75 words.
 3        The State Board of Elections is  authorized  to  withdraw
 4    its approval of a Precinct Tabulation Optical Scan Technology
 5    voting  system  if  the  system  fails  to  fulfill the above
 6    requirements.
 7        No vendor, person or other entity may sell, lease or loan
 8    a  voting  system  or  Precinct   Tabulation   Optical   Scan
 9    Technology   voting   system   component   to   any  election
10    jurisdiction  unless  the  voting  system  or  voting  system
11    component is first approved by the State Board  of  Elections
12    pursuant to this Section.
13    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

14        (10 ILCS 5/1-7 rep.)
15        Section  10.  The  Election  Code is amended by repealing
16    Section 1-7.

17        Section 99.   Effective  date.   This  Act  takes  effect
18    January 1, 2004.